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10/28/1996 - 4865'� FRIDLEY CITY COUNCIL MEETING anor F�� ATTENDENCE SHEET Monday, Uc.iaben. 28, 1996 7:30 P.M. LEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM RINT NAME (CLEARLY) ADDRESS NUMBER - ti,t ��' ��_ I ��` (�=� `J �6 ��, L�� /,��' '��r � ��, � � .. �`� r � �.�U ��` �_��"`��c ,� , %� �� ` ,-��'��-�,� � /� S�_�� ,v:�� ; - _ 3 �� ..� � � f 1�� .-�� : ,�i� % �=-� � ,_��'�ftzL�i�-c:'�-- , ' S %�' � ' °? . r- �, >�' /f�� `�L`��'�r/ r� ' ' � ` f>- � J fl/�'L �--L - ��K� !�_. ; i � � � L�it r.z-� ./�.��C`-�-�i�i� %� %i.i� `t�"�c E- � : �� (�C."� V� /!a. I r' . �`r-'��? '� V '_ C� _ ,- � f ' �' f,� � '� � 5 C- /� �% / - � k /� � y% � '7 a 4% � �� . � - �� .�.Q.. �,. '' 1 ��`r `f � � ��z l2 �%� �� n � . % � j( c-��__._ , ;�.. - � /l ✓ t �� 1,i�- �T�� , ' ��{'�`�� ,, �" (/�,,(�L — � ' ��.v � � �' Il� ('`� (� , 1 1 .. � fl n„i,_ Ae 1�. �� 1�� -�� / ��/ � ��_ �, �� r �-�� ,�� <;: � ,. � < � �' ��;� �, ;�' (i' - �Q � � ,� l J, j,,,�'� �� l� �� ?�.�f , -- � �' ;� i� r� r /1 � � � i ,, _�, �� , �� ) � �; �-�_:� l� � �y�r� (� � I ,� � , - � �^c �( � 7�cli � � %� ,� �� -�? � a,ol - 7�S q� •3%� `,/_ r I �= -, 3_� ; - � - 3�::"� � ,� � / Z/% 3L�I�� r ��l�� • �� / -�a c% � —� , �� FRIDLEY CITY COUNCIL MEETING OF � crnr oF OCTOBER 28, 1996 FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation wil( be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-�534) PLEDGE OF ALLEGIANCE: PRESENTATION: Presentation by Alexandra House PROCLAMATION: Home Care Month: November, �996 APPROVAL OF MINUTES: City Council Meeting of October 14, 1996 FRIDLEY CITY COUNCI� MEETING OF OCTOBER 28, 1996 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Approving a Vacation Request, SAV #96-02, by lndependent School District No. 14 (Ward 1): .................. 1.01 -1.05 A. To Vacate Streets and Alleys Generaliy Located North of 61 st Avenue, East of 7th Street, South of 63rd Avenue, and West Of Jackson Street; B. To Vacate Streets and Alleys Generally Located North of 59th Avenue, East of 7th Street, South of 61 st Avenue, and West Of West Moore Lake Drive; and, C. To Vacate Streets and Alleys Generally Located North of 59th Avenue, East of 7th Sfireet, South Of 6'1 st Avenue, and West of West Moore Lake Drive. Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 31, Entitled "Pawn Shops," by Amending Section 31.01, "Definitions," Section 31.02, "License Required," and Section 31.12, "Restricted Transactions" . . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.04 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 1996 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.17.01.0 and 205.18.01.0 and Adopting New Sections 205.17.01.C(13) and 205.18.01.C(14) ........................ .......3.01-3.04 Establish a Public Hearing for November 4, 1996, for Consideration of a Zoning Text Amendment, ZTA #96-02, by Noah's Ark, to Amend the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.07.01.C(8), 205.08.01.C(8), 205.09.01.C(7), and 205.14.01.A(14), to Provide Parking Standards for Hospitals, Nursing Homes, Convalescent Homes, and Homes for the Elderly . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.02 Receive the Minutes of the Planning Commission Meeting of October 16, 1996 ................................5.01-5.10 Establish a Public Hearing for November 4, 1996, for Consideration of a Zoning Text Amendment, ZTA #96-03, by Roland Stinski, to Allow Professional Jewelry Services as a Permitted Use in the CR-1 Zoning District . ...........6.01 -6.02 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 1996 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED�: Resolution in Support of a Premises Permit Application for a Minnesota Lawful Gambling Premise Permit to World Association of the Alcohol Beverage Industry (WAABI) (Main Event, 7820 University Avenue N. E. ) (Ward 3) . . . . . ............7.01 - 7.02 Resolution Certifying Certain Delinquent Utility Services to the County Auditor for Collection with the 1997 Taxes . . . . . . . . . . . . . . . . . . 8.01 - 8.09 Claims Licenses ....................................9.01 ........:... .....................10.01-10.03 Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.14 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 1996 PAGE 5 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARINGS: Adoption of a Fair Housing Ordinance for the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.10 Amend Chapter 205 of the Fridley City Code, Entitled "Zoning," and Chapter 211, Entitled "Subdivision", to Comply with Minnesota Statute §15.99, "60 Day Agency Action Law" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.55 Assessment for the East River Road Improvement Project No. ST. 1994 - 03 . . . . . . . . . . . . . . . . . . 14.01 - 14.03 Assessment for the Main S#reet Improvement Project No. ST. 1994 - 08 (Commercial) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.03 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 1996 PAGE 6 PUBLIC HEARINGS (CONTINUED�• Assessment for the Main Street Improvement Project No. ST. 1994 - 08 (Residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.01 - 16.03 Assessment for Street Improvement Project No. ST. 1996 - 04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.03 Assessment for 1995 Street improvement Project No. 1995 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.03 Assessment for Street improvement Project No. ST. 1989 - 05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01 - 19.03 Assessment for Locke Lake Dam Reconstruction Project No. 211 . . . . . . . . . . . . . . . . . . . . . . . . 20.01 - 20.03 Assessment for Stonybrook Creek Bank Stabilization Project No. 246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 - 21.03 Assessment for 1996 Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.01 - 22.03 Assessment for 1996 Nuisance . . . . . . . . . . . . . . . . . . . . . . . . 23.01 - 23.03 Assessment for 1996 Service Connection . . . . . . . . . . . . . . . . . 24.01 - 24.03 Assessment for 64th Avenue Storm Water Improvement Project No. 260 . . . . . . . . . . . . . . . . . . . . . . . . . . 25.01 - 25.03 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 1996 PAGE 7 OLD BUSINESS: Second Reading of an Ordinance Under Sec#ion 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #96-03, by Clayton and Jean Hicks, Generally Located at 106 Hartman Circle N. E. ) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 26.01 - 26.02 NEW BUSINESS: First Reading of an Ordinance Repealing Chapter � 2 of the Fridley City Code in its Entirety and Adopting a New Chapter 12, Entitled "Tobacco Products" and Amending Chapter 11 of the Fridley City Code, Entitled "General Provisions and Fees" .........................................27.01-27.08 First Reading of an Ordinance Under Section 12.06 of the Ci#y Charter Declaring Certain Property to be Surplus and Authorizing the Sale Thereof (Southeast Corner of the Intersection of 7th Street and 61st Avenue) (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.01 - 28.02 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 1996 PAGE 8 NEW BUSINESS (CONTINUEDj� Resolution Confirming Assessment for East River Road Improvement Project No. ST. 1994 - 03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29.01 - 29.03 Resolution Confirming Assessment for Main Street Improvement Project No. ST. 1994 - 08 (Commercial) . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.01 - 30.03 Resolution Confirming Assessment for Main Street Improvement Project No. 1994 - 08 (Residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.01 - 31.03 Resolution Confirming Assessment for Street Improvement Project No. ST. 1996 - 04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.01 - 32.03 Resolution Confirming Assessment for 1995 Street Improvement Project No. ST. 1995 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33.01 - 33.03 Resolution Confirming Assessment for Street Improvement Project No. ST. 1989 - 05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34.01 - 34.03 Resolution Confirming Assessment for Locke Lake Dam Reconstruction Project No. 211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.01 - 35.03 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 1996 PAGE 9 NEW BUSINESS (CONTINUED�: Resolution Confirming Assessment for Stonybrook Creek Bank Stabilization Project No. 246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.01 - 36.03 r • Resolution Confirming Assessment for 1996 Trees ........................................37.01-37.03 Resolution Confirming Assessment for 1996 Nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.01 - 38.03 Resolution Confirming Assessment for 1996 Service Connection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39.01 - 39.03 Resolution Confirming Assessment for 64th Storm Water Improvement Project No. 260 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.01 - 40.03 Informal Status Reports ADJOURN: .............................. 41.01 0 • . ., F�ZIDLEY C'ITY COUNCIL M�ETING OF OCTOBER 28, 1996 , � ��. � �; � � ="."�.�.. � The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, reli�ion, national origin, sex, disabitity, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Pridley's services, programs, and activities. Hearing irripaired persons who need an interpreter or other persons with disabilities wl�o require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGlANCE: PRESENTATION: Presentation by Alexandra House , � � ,/�� . ,�'Z,.�?-�, Gy..- �'��^-,~-' a -�— �...,,.�c 5.�,�--�,-... PROCLAMATION: Home Care Month: ovember, 9996 c �-"-� "� APPROVAL OF MINUTES: City Council Meeting of October 94, 1996 G��J,,L,�,._.�-7/--S/� �Z-e..... ��t9„s..fii�--.°�-' APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Approving a Vacation Request, SAV #96-02, by Independent School District No. 14 (Ward 1): . 1.01 - 1.05 A. To Vacate Streets and Alleys Generally Located North of 61 st Avenue, East of 7th Street, South of 63rd Avenue, and West Of Jackson Street; B. To Vacate Streets and Alleys Generally Located North of 59th Avenue, East of 7th Street, South of 69 st Avenue, and West Of West Moore Lake Drive; and, C. To Vacate Streets and Alleys Generally Located North of 59th Avenue, East of 7th Street, South Of 61st Avenue, and West of West Moore Lake Drive. �� -�� . OLD BUSfNESS (CONTINUED,�• Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 31, Entitled "Pawn Shops," by Amending Section 31.01, . "Definitions," Section 31.02, "License Required," and Section 31.12, "Restricted Transactions" . . . . . . 2.01 - 2.04 L�� „�,..�/,( '�� ,•Gt/ • .�- �%,.��.,�—sG vI ��• � NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.17.01.0 and 205.18.01.0 and Adopting New Sections 205.17.01.C(13) and 205.18.01.C(14) . . . . . . . . 3.01 - 3.04 %�-� / Establish a Public Hearing for November 4, 1996, for Consideration of a Zoning Text Amendment, ZTA #96-02, by Noah's Ark, to Amend the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.07.01.C(8), 205.08.01.C(8), 205.09.01.C(7), and 205.14_01.A(14), to Provide Parking Standards for Hospitals, Nursing Homes, Convalescent Homes, and Ho es for the E{derly ...... 4.01 - 4.02 �'l /�� /�L , � / Receive the Minutes of the Planning Commission Meeting of October 16, 1996 � . . . . . . . . . . . . . . 5.01 - 5.10 �� APPROVAL OFPROPOSED CONSENT AGENDA- NEW BUSINESS {CONTINUED)• Establish a Public Hearing for November 4, 1996, for Consideration of a Zoning Text Amendment, ZTA #96-03, by Roland Stinski, to Allow Professional Jewelry Services as a Permitted Use in the CR-1 Zoning District . . . . . . . . . . 6.01 - 6.02 , ��-� �� `�� Resolution in Support of a Premises Permit Application for a Minnesota Lawful Gambling Premise Permit to World Association of the Alcohol Beverage Industry (WAAB1) (Main Event, 7820 University Avenue N.E.) (Ward 3) 7.01 - 7.02 c�'�-�?�� /�- ' Resolution Cerfifying Certain Delinquent Utility Services to the County Auditor for Collection with the1997 Taxes .............. !�—� �de�`�� Claims Licenses Estimates 4' . . a PUBLIC HEARINGS: Adoption of a Fair Housing Ordinance for the City of Fridley . . . . . . . . . . . . . . 12.01 - 12.10 � r �,� J�� C_ � ,',�--� Amend Chapter 205 of the Fridley City Code, Entitled "Zoning," and Chapter 211, Entitled "Subdivision", to Comply with Minnesota Statute §15.99, "60 Day Agency Action Law' . . . . . . . . . . . . . . �3.01 - 13.55 � � '"�� ' � ^ C� � .� Assessment for the East River Road Improvement Pro�ect No. ST. 1994 - 03 .. 14.01 - 14.03 � �,� /s` /`� /%/�. Assessment for the Main Street Improvement Project No. ST. 1994 - 08 (Commercial) �. . . . . . . . 15.01 - 15.03 � �'�S� -. � 8.01 - 8.09 Assessment for the Main Street Improvement Project No. ST. 1994 - 08 (Residentiai) /:/f `�`,c'`�.01 l�v C�.!�� . . . 10.01 - 10. 03 � . .......... �. 11.01 -11.14 ADOP710N OF AGENDA: �y�� OPEN FORUM. VlSITORS• (Consideration of Ite �`� - %Z� , �GLi� °r.." - " h-��G%�� on Agenda - 15 Minutes) �� /�/� .............. � �� _ . � ...� ��/� Assessment for Street Improvement Project No. ST. 1996 - 04 . . . . . . . . . . . . . d' �J.��z. �-- `� �/.' � � Assessment for 1995 Stree# Improvement Project No. 1995 - 1 & 2 . . . . . . . . . . . . . . � - 7'03 . � � j/y Assessment for S#reet Improvement Project No. ST. 1989 - 05 . . . . . . . . . . . . . � — �% d c -��/ Assessment for Locke Lake Dam 16.01 - 16.03 17.01 - 17.03 18.01 - i8.03 19.01 - 19.03 Reconstruction Project �}o. 211 . . . . . . . . 20.01 - 20.03 . � �"�/'/ c y�� Assessment for Stonybrook Creek Bank Stabilization Project No. 246 . . . . . . . . . . . 21.09 - 29.03 � � %`�� i.' y�' f � � � PUBLIC HEARINGS (CONTINUED� Assessment for 1996 Trees . . . . . . . . . . . 22.01 - 22.03 � � ��J�% C _ y; c�'9 Assessment for 1996 Nuisance . . . . . . . . 23.01 - 23.03 � � %.`S lU � _ �.' � U Assessment for 1996 Service Connection 24.01 - 24.03 , � � 9.' s-z �- � y-.� i Assessment for 64th Avenue Storm Water lmprovement Project No. 260 . . . . . . . . . . � � �.�� - % G � � �� i' OLD BUSINESS: NEW BUSINESS LONTINUEDI: Resolution Confirming Assessment for East River Road Improvement Project No. ST. 1994 - 03 . . . . . . . . . . . . . . . . . . . 29.01 - 29.03 � Resolution Confirming Assessment for Main Street Improvement Project No. ST. 1994 - 08 {Commercial) . . . . . . . . . . . 30.01 - 30.03 �, /G� ->�_� 1�G" Resolution Confirming Assessment for 25.01 - 25.03 . Main Street fmprovement Project No. 1994 - 08 (Residential) . . . . . . . . . . . . . . . 31.01 - 31.03 / � Second Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #96-03, by Clayton and Jean Hicks, Generally Located at 106 Hartman Circle N.E.) (Ward 3) . . . . . . . . . 26.01 - 26.02 � ��, � ✓�� ° :� �� / �Z� - NEW BUSINESS: �irst Reading of an Ordinance Repealing Chapter 12 of the Fridley City Code in its Entirety and Adopting a New Chapter 12, Entitled "Tobacco Products" and Amending Chapter 11 of the Fridley City Code, Entitled "General Provisions and Fees" ..................... /�'�it-� , G� 27.01 - 27.08 First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Property to be Surplus and Authorizing the Safe Thereof (Soutt�east Corner of the Intersection of 7th Street and 61 st Avenue) (Ward 1) . . . . . . . . . . . . . . . . . . . 28.01 - 28.02 ��^. � Resolution Confirming Assessment for Street Improvement Project No. ST. 1996 - 04 . . . . . . . . � . . . . . . . . . . 32.01 - 32.03 �, Resolution Confirming Assessment for 1995 Street Improvement Project No. ST: 1995 - 1 &�� . . . . . . . . 33.01 - 33.03 Y� Resolution Confirming Assessment for Street Improvement Project No. ST. 1989 - 05 . . . .�y�-�-... . . . �. . . . 34.01 - 34.03 �.��i "-��%��'l f'G /� `�c� , Resolution Confirming Assessment for � Locke Lake Dam Reconstruction Project No. 211 . . . . . . . . . . . . . . . . . . 35.01 - 35.03 �:�� i� > Resolution Conflrming Assessment fior Stonybrook Creek Bank Stabilization Project No. 246 . . . . . . . . . . . . . . . . . . . 36.01 - 36.03 � �"--��- ��. . Resolut+on Confirming Assessment for 1996 Trees �/Z`�. .v `"°2--. 37.01 - 37.03 Resolution Confirming Assessment for 1996 Nuisance . . . . . . . . . . �. �38.01 - 38.03 c- �-�`� ' - ,, , NEW BUSINESS (CONTINUEDL Resolution Confirming Assessment for 1996 Service Connection . . . . . . . . . . . . . 39.01 - 39.03 �,.�Cx-��7 �vC� � : Resolution Confirming Assessment for 64th Storm Water Improvement Project No. 260 . . . . . . . 40.01 - 40.03 .......... . �� ' ._..�-� � , Informal Status Reports . . . . . . . . . . . . . . . 41.09 / l_-/�^--'�-- ADJOURN: �/ ,'��r_'�1�-L 0 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 14, 1996 The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom MEMBERS ABSENT: None NASIM QURESHI, PAST FRIDLEY CITY MANAGER: Mayor Nee stated that everyone is probably aware that Nasim Qureshi died several days ago. He said that he is terribly grieved about his death and thinks that other city managers might accept his judgment that Nasim was probably the best city manager Fridley ever had. Mayor Nee stated that Nasim was hired during his first term as Mayor and was City Engineer at the time of the tornado. Nasim was instrumental in bringing about the recovery of the City. When Nasim was later appointed City Manager, he did an outstanding job for all those he was associated with. Mayor Nee stated it is his deep feeling that of all the people on City staff that have been exceptionally good, Nasim, in his mind, was the very best. The community, over the years, owes a great debt of gratitude to him. Nasim was a very shy man and hired as his assistants people who could talk. Nasim guided the City to its present health and prosperity. Mayor Nee wished to make note of his passing. Councilman Schneider stated that he would echo these same words. Nasim had a unique skill of getting the dollar to go further. He had the political savvy on what the community needed and why. He found ways to make things happen. Councilman Schneider stated that the years when Nasim was City Manager were formative times, and his wisdom and foresight were very visionary. Nasim placed the City into a very responsible financial position to face the challenges of today. Nasim will be missed very much. Councilwoman Jorgenson stated that Nasim left the City in a very sound financial condition. He knew how to stretch the dollar. Councilwoman Jorgenson recalled his comment that "the pie is only so big." FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 2 PROCLAMATION: MANUFACTURERS' WEEK: OCTOBER 14-18, 1996: Mr. Burns, City Manager, read this proclamation which proclaimed the week of October 14 through 18 as Manufacturers' Week. Mayor Nee issued this proclamation in recognition of the contribution of Fridley manufacturers to the social and economic well-being of the communi t y . APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 30, 1996: MOTION by Councilwoman Bolkcom to approve �he minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: l. SECOND READING OF ORDINANCE NO. 1074 AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that the first reading of this ordinance was July 22, 1996, and all of the changes relate to the procedures of the City Council. Some examples of the changes are clarification of what is meant by the first meeting of the year and definition of a regular meeting. The amendment recognizes that Council may hold conference meetings but specifies that no formal action may be taken. It clarifies procedures and the time frame for codifying ordinances. Mr. Burns stated that the changes need to be adopted by an affirmative vote of all of the Council members since it is a requirement of Minnesota State Statutes. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1074 ON THE SECOND READING AND ORDERED PUBLICP.TION. 2. SECOND READING OF ORDINANCE NO. 1075 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 124, ENTITLED "NOISE," BY AMENDING SECTION 124.07.02, "PUBLIC NUISANCE NOISES PROHIBITED:" Mr. Burns, City Manager, stated that this amendment is in response to complaints about loud automobile stereos. The amendment would make it illegal to operate an automobile stereo in a manner that is audible from a distance of 75 feet or more. Similar ordinances of surrounding cities were reviewed as well as a model poiicy from the MPCA. The amendment has been reviewed and agreed to by the City's Prosecuting Attorney. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 3 WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1075 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 3. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 31, ENTITLED "PAWN SHOPS," BY AMENDING SECTION 31.01, "DEFINITIONS," SECTION 31.02, "LICENSE REQUIRED," AND SECTION 31.12, "RESTRICTED TRANSACT Mr. Burns, City Manager, stated that these amendments have been requested by the City's Prosecuting Attorney as a result of a recent court case in which the issue of definition of the "licensee" was raised. The recommended changes include the addition of the words "corporation, partnership, or business association" after the word "person" in the definition of licensee or pawnbroker; and the addition of the words "nor any agent or employee of a licensee" after "no licensee" in the section covering restricted transactions. Both of these changes apply to Chapter 31 of the code entitled "pawn shops." Fridley's two operating pawn shops are licensed to partner- ships or corporations rather than to a person. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 2, 1996: RECEIVED THE PLANNING COML�IISSION MINUTES OF OCTOBER 2, 1996. 5 SPECIAL USE PERMIT REQUEST, SP #96-16, BY JUGAL AGARWAL, TO ALLOW ACCESSORY BUILDINGS, OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALLY LOCATED AT 370-372 74TH AVENUE N.E. (WARD 1): Mr. Burns, City Manager, stated that this is a request for a special use permit to allow an accessory building over 240 square feet. The petitioner, Mr. Agarwal, wished to construct a 320 square foot structure to be used as a detached garage. The property has been the subject of code enforcement complaints, mainly related to junk cars, solid waste, and improper outdoor storage. Mr. Burns stated that the Planning Commission recommended approval of this request with four stipulations, which he outlined. Although there were considerable neighborhood complaints about this property expressed at the Planning Commission meeting, staff believes that most of the complaints were related to code violations. Staff also believes that the code issues are more correctly enforced through separate processes than through denial of the special use permit. It FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 4 is felt that the additional garage will provide a storage opportunity for most of the items objected to in the code enforcement complaints. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. ESTABLISH A PUBLIC HEARING FOR OCTOBER 28, 1996, TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED "ZONING:" Mr. Burns, City Manager, stated that these proposed amendments are in response to Council's request that staff complete required policy and ordinance changes needed to comply with 1995 state legislation. This legislation requires cities to act within sixty days on all land use applications that apply to the zoning code, subdivision code, and the City Charter. SET THE PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO CHAPTER 205 OF THE FRIDLEY CITY CODE FOR OCTOBER 28, 1996. 7. ESTABLISH A PUBLIC HEARING FOR OCTOBER 28, 1996, TO AMEND CHAPTER 211 OF THE FRIDLEY CITY CODE, ENTITLED "SUBDIVISION:" Mr. Burns, City Manager, stated that these proposed amendments are in response to Council's request that the City comply with state mandated time limits on land use applications. In cases of both rezoning and subdivision legislation, both the Planning Commission and the City Council would continue to hold public hearings, but the time required for the process would be shortened by allowing staff to administratively set Council's public hearing dates. As this process is changed, it is suggested that the Planning Commission's informal hearings for lot splits be changed to formal hearings. SET THE PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO CHAPTER 211 OF THE FRIDLEY CITY CODE FOR OCTOBER 28, 1996. 8. FIRST READING OF AN ORDINANCE APPROVING A VACATION REQUEST, SAV #96-02, BY INDEPENDENT SCHOOL DISTRICT N0. 14 (WARD 1): A. TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 61ST AVENUE, EAST OF 7TH STREET, SOUTH OF 63RD AVENUE, AND WEST OF JACKSON STREET; B. TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE LAKE DRIVE; AND C. TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE LAKE DRIVE. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 5 Mr. Burns, City Manager, stated that this request is to vacate streets and alleys located on school district and City owned property in the areas of the high school, middle school, and Commons Park well field. It is a housekeeping item to be done in conjunction with clarification of property ownership. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLP.CED ON THE REGUI.AR AGENDA. 9. RESOLUTION APPROVING A PLAT, P.S. #96-01, TIGERLAND PARK (INDEPENDENT SCHOOL DISTRICT NO. 14) (WARD 1): Mr. Burns, City Manager, stated that a public hearing on this plat was held on July 8, 1996. The request is to replat Vineland Addition into Tigerland Park. The area is generally bounded by Seventh Street on the west, 61st Avenue on the south, an extension of Jackson Street on the east, 63rd Avenue on the north, not including the first row of residential properties directly abutting 63rd Avenue. A portion of this property includes Commons Park. The City's well field will be transferred from the school district to City ownership once the plat is approved and recorded. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGUI�AR AGENDA. • 10. RESOLUTION NO. 92-1996 ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1997: Mr. Burns, City Manager, stated that last year the City participated in the Metropolitan Livable Communities Act a.nd agreed to a housing goals agreement and to completing a housing action plan. The Livable Communities Act is a voluntary program designed to encourage cities to create affordable and life cycle housing, to clean up polluted sites, and to encourage compact development that links housing, job and transportation services. Participants are eligible for three incentive programs: (1) tax base revitalization account; (2) the Livable Communities Demonstration account, and (3) the Local Housing Incentives account. Participation in the proqram also enhances City applications for other federal and state grant programs. This resolution would authorize the City's participation in the Metropolitan Livable Communities Act for 1997. ADOPTED RESOLUTION NO. 92-1996. 11. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA FOR MULTI-UNIT RESIDENTIAL RECYCLING PROGRAM: Mr. Burns, City Manager, stated that Anoka County is making FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 6 funds available to enhance multi-unit recycling, and the City is eligible for a$21,000 grant. Through this grant, the City is hoping to increase multi-family recycling from 14 to 25 pounds/unit/year. This improved multi-family recycling will help the City reach increasingly tougher recycling goals. APPROVED AGREEMENT BETWEEN THE CITY AND ANOKP. COUNTY FOR THE MULTI-UNIT RESIDENTIAL RECYCLING PROGRAM. 12. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CENTER FOR ENERGY AND ENVIRONMENT, INC., FOR ADMINISTRATIVE SERVICES (COMMUNITY DEVELOPMENT BLOCK GFZANT PROGRAM): Mr. Burns, City Manager, stated that from 1993 to present, the City has contracted with the Anoka County Community Action Program for administrative services in conjunction with the Community Development Block Grant program. Staff is recommending this contract be given to the Center for Energy and Environment, Inc. for administration of 1996 CDBG funded housing rehabilitation programs. CEE will receive $875 for grants issued compared with $1,622 per grant for the services of ACCAP. This change allows the City to locate all of the housing rehabilitation programs in one place and consolidate the application process. Mr. Burns stated that the agreement would be in effect from October 15, 1996 to December 31, 1997. He also reviewed the facets of the program which would be administered by CEE. APPROVED THE AGREEMENT BETWEEN THE CITY AND THE CENTER FOR ENERGY AND ENVIRONMENT, INC. FOR ADMINISTRATIVE SERVICES IN CONJUNCTION WITH THE COMMUNITY DEVELOPMENT BLOCK GR�1NT PROGRAM. 13. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 25, 1996, FOR AN ORDINANCE AMENDING SECTION 2.06.01 OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that a public hearing is requested for November 25 to consider amendments to Chapter 2 of the City Charter. SET A PUBLIC HEARING FOR NOVEMBER 25, 1996 TO CONSIDER AN�NDMENTS TO CHAPTER 2 OF THE CITY CHARTER. 14. APPROVE CHANGE ORDER NO. 2 FOR STONYBROOK CREEK BANK STABILIZATION PROJECT NO. 246: Mr. Burns, City Manager, stated that this change order is in response to residents' requests for additional fill which required construction of an additional retaining wall. The FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 7 15. 16. chanqe order is to Schield Construction in the amount of $24,900.50 for a revised contract amount of $352,496.65. APPROVED CHANGE ORDER NO. 2 FOR THE STONYBROOK CREEK $ANK STABILIZATION PROJECT NO. 246 WITH SCHIELD CONSTRUCTION CON�ANY IN THE AMOUNT OF $24,900.50 AND A REVISED CONTRACT AMOLJNT OF $352 , 4 96 . 65 . RESOLUTION NO. 93-1996 REVOKING AND ESTABLISHING MUNICIPAL STATE AID STREETS: Mr. Burns, City Manager, stated that in an earlier resolution, the wrong limits were inadvertently provided for 51st Way. Rather than describing the limits as the East River Road Service Drive to Industrial Boulevard, the limits should have been described as East River Road to Industrial Boulevard. ADOPTED RESOLUTION NO. 93-1996. RESOLUTION N0. 94-1996 DELETING AN AUTHORIZED POSITION IN THE LIQUOR STORES AND CREATING ANOTHER AUTHORIZED POSITION: Mr. Burns, recommended for the two in the abs Assistan� L Store Clerk consistent operation. City Manage in order to p existing Liqu ence of a li iquor Store Ma position wil with long-term r, stated that this change is rovide a more reasonable work load or• Store Managers who are operating quor operations manager. As .the nager position is created, a Liquor 1 be eliminated. The change is management goals for the liquor ADOPTED RESOLUTION NO. 94-1996. 17. RESOLUTION NO. 95-1996 DESIGNATING THE TIME AND PLACE FOR A SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL TO CANVASS GENERAL ELECTION RETURNS: Mr. Burns, City Manager, stated that this resolution establishes Tuesday, November 12, 1996 as a Special City Council Meeting. The meeting is required to provide Council's canvass of election returns from the November 5 general election. ADOPTED RESOLUTION NO. 95-1996. 18. RESOLUTION DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS: Mr. Burns, City Manager, stated this resolution establishes dates for Council meetings for 1997. Whenever possible, the meetings were scheduled on the second and fourth Mondays of the month. The three exceptions to this rule are the first meetings in January, March, and December. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 8 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 19. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated it is recommended that Gerald Kremer be hired to fill the Community Service Officer Coordinator position recently vacated by Mark Bonesteel. Mr. Kremer has been employed as a Community Service Officer since April, 1996. He is a graduate of Coon Rapids High School and has an AA degree in law enforcement from North Hennepin Community College. Mr. Burns stated it is also recommended that Kyle Birkholz be appointed as Assistant Liquor Store Manager. Mr. Birkholz has worked for the City since November, 1990. CONCURRED WITH THE FOLLOWING APPOINTMENTS BY THE CITY MANAGER: Name Position Gerald CSO Coordinator Kremer Non-exempt Kyle Assistant Liquor Birkholz Store Manager Exempt 20. CLAIMS: Starting Salarv $10.20 per hour $1,781.60 per month Starting Date Replaces Oct. 15, Mark 1996 Bonesteel $28,945.76 Oct. 15, per year 1996 $2,412.15 per month Promotion to new position AUTHORIZED PAYMENT OF CLAIM NOS. 70417 THROUGH 70638. 21. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 22. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of September, 1996 ....._$ 5,259.75 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 9 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of June, 1996 ....$14,774.36 Richmar Construction, Inc. 7776 Alden Way, N.E. Fridley, MN 55432 Water Treatment Plant Project No. 293 Estimate No. 2 . . . . . . . . . . . . . . . $84, 339. OS Landmark Concrete 17630 Highway 65, N.E. Ham Lake, MN 55304 Miscellaneous Concrete Curb and Sidewalk Project No. 294 Estimate No. 4 . . . . . . . . . . . . . . . $ 3, 627.19 No persons in the audience spoke regarding the proposed consent agenda items. Councilman Schneider requested that Items 8 and 9 be removed from the consent agenda. Councilwoman Bolkcom requested that Item 18 be removed from the consent agenda. Councilwoman Jorgenson requested that Item 5 be removed from the consent agenda. MOTION by Councilman Schneider to approve the consent agenda items, with the exception of Items 5, 8, 9 and 18. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda with the addition of Items 5, 8, 9 and 18 from the consent agenda. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 10 PUBLIC HEARINGS: 23. PUBLIC HEARING ON ZONING TEXT AMENDMENT REQUEST, ZT� #96-01, BY NORTHCO CORPORATION, TO AMEND THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTION 205.17.C, "USES PERMITTED WITH A SPECIAL USE PERMIT," BY ADDING 205.17.C(5), "DAYCARE CENTERS," AND RENUMBERING CONSECUTIVE SECTIONS; AND BY AMENDING SECTION 205.18.C, "USES PERMITTED WITH A SPECIAL USE PERMIT, CONSECUTIVE SECTIONS: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:10 p.m, Mr. Hickok, Planning Coordinator, stated that this is a request to amend the Industrial District requirements to allow daycare centers as a special use in M-1 and M-2 zoning districts. The petitioner is Northco for their property at 500 73rd Avenue. The Zoning Code now only allows daycare centers in a residential district, as a special use, and in commercial districts as a permitted use. Mr. Hickok stated that the City has little vacant industrial land remaining. Staff recommends that the City not allow stand alone facilities in industrial districts in order to preserve the land for industrial uses. A number of zoning issues should be considered including floor area, location of outdoor play areas, loading and drop-off locations, pedestrian crossings, and signage. The State building and fire codes have very specific requirements regarding occupancy and separation requirements between adjacent uses. Mr. Hickok stated that the Planning Commission recommended approval of this ordinance change to allow daycare centers with a special use permit in industrial districts with eight stipulations, which he outlined as follows: (1) the proximity of the outdoor play area to the building shall be designed so that children do not have to cross vehicle traffic; (2) loading and drop-off locations should not interfere with traffic f�ow; {3) pedestrian crossing areas should be clearly marked; (4) the maximum floor area to be occupied by a daycare center in an industrial building shall be 30 percent of the floor area of the principal industrial building; (5) require parking at one space per 250 square feet of useable daycare space, (a) reduc�ion of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship; adequate open space shall be provided to satisfy the required number of parking spaces; (b) when the provisions for required parking space are inadequate, the City may require that additional off-street parking be provided; (6j limit the type of signage to wall signage, no independent free-standing signs shall be permitted unless the free-standing sign replaces the sign FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 11 allowed for the industrial complex; (7) the facility shall be licensed in accordance with Minnesota and Anoka County requirements; and (8) the facility shall comply with building code occupancy and separation requirements. Mr. Hickok stated that staff concurs with the recommendation of the Planning Commission to approve a zoning text amendment to allow daycare centers in industrial districts. Mr. Dennis Zylla, representing Northco, stated that a lot of discussion at the Planning Commission meeting related to parking. It was Northco's position that this would be an accessory use. The Planning Commission recommended a special use permit, and they are in favor of it. He introduced Ms. Carol Brennan who will be in charge of the daycare program. Mayor Nee questioned the number of parking spaces needed for staff, as well as for parents who will be dropping off their children: Ms. Brennan stated that they are licensed for ninety children, and they have fifteen people on their staff. Five or eight additional spaces would be needed for parents who are dropping off their children. Mr. Hickok stated .that they meet the parking requirements, as the ratio is one parking stall to each 250 square feet of floor space which is 26 parking spaces. Councilwoman Jorgenson asked how many children they currently serve in Spring Lake Park. Ms. Brennan stated that they had ninety children but had to downsize due to space. They are now serving only 53. With this new facility, they hope to maintain their current licensed capacity of ninety children. Councilwoman Jorgenson asked if they serve school age children from the Spring Lake Park area. Ms . Brennan stated that they currently do not have any school age children because of the latch key program in Spring Lake Park. The only way for them to accommodate school age children would be for the public school buses to transport them to their facility. No other persons spoke regarding this proposed zoning text amendment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:20 p.m. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 12 24. PUBLIC HEARING ON THE SALE OF EXCESS PROPERTY IN THE SOUTHEAST CORNER OF THE INTERSECTION OF 7TH STREET AND 61ST �VENUE (WARD 1): MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:20 p.m. Mr. Hickok, Planning Coordinator, stated that the City owns the property located in the southeast carner of the intersection of Seventh Street and 61st Avenue. This property is generally located between 61st Avenue on the north, Seventh Street on the west, West Moore Lake Drive on the east, and unimproved 60th Avenue on the south and legally described as Blocks 2- 6, Moore Lake Addition. Mr. Hickok stated that the original operating agreement established between School District No. 14 and the City in 1957 indicated a transfer of ownership of Blocks 4- 6(general location of the Community Education Center) from the City to the School District. A subsequent agreement in 1960 indicated that in addition to Blocks 4- 6, Blocks 2 and 3(location of the high school parking lot) would also be transferred from the City to the School District. This was .never consummated, and staff is recommending that Council conduct this hearing in order to declare the property excess so that a first reading of the ordinance can be submitted for Council's consideration. No persons in the audience spoke regarding the sale of this excess property. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:24 p.m. 5. SPECIAL USE PERMIT, SP #96-16, BY JUGAL AGARWAL, TO AI,LOW ACCESSORY BUILDINGS, OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALLY LOCATED AT 370-372 74TH AVENUE N.E. (WARD 1): Mr. Hickok, Planning Coordinator, presented a video of this property. There was much discussion at the Planning Commission meeting about code issues. Mr. Hickok stated that the petitioner believes that much of this outside storage will be relieved with the construction of the garage. He believes that through code administration the remaining issues can be resolved. Mr. Hickok stated that the petitioner wishes to construct a second accessory structure on this site which will be 320 square feet. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, i996 PAGE 13 Staff recommends approval with four stipulations, and the Planning Commission has concurred on a five to one vote. Councilwoman Jorgenson asked if the City has been working with the property owner or the renters regarding the code enforcement issues. Mr. Hickok stated that staff has been working with the property owner. The owner realizes he has had outdoor storage on the site and attributes this to the fact that he does not have a garage for this unit. Councilwoman Jorgenson asked if there would be sufficient room for storage inside this structure. Mr. Hickok stated that the garage would be large enough for one vehicle with room for storage along the inside. MOTION by Councilwoman Jorgenson to grant Special Use Permit Request, SP #96-16, to allow construction of a second accessory structure and encourage staff to work with the property owner on the code enforcement issues. Seconded by Councilwoman Bolkcom. Upon a roll call vote, Councilwoman Jorgenson, Councilman Schneider, Councilwoman Bolkcom, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. Councilman Billings stated that the motion passed, but the stipulations were not added. Councilwoman Jorgenson stated that, with permission of her seconded, she would amend the motion to inc.lude the stipulations. Councilman Billings stated that the motion has already passed and would have to be reconsidered. MOTION by Councilman Schneider to reconsider the motion on Special Use Permit Request, SP #96-16. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion granting Special Use Permit Request, SP #96-16, by adding the following stipula- tions: (1) the petitioner shall provide a hard surface driveway at the time of garage construction; (2) the accessory structure shall not be used for a home occupation; (3) the structure shall be architecturally compatible with the existing dwelling; and (4) vehicles, refuse, and other materials shall be stored in compliance with the City Code. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1995 PAGE 14 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE APPROVING A VAC�TION REQUEST, SAV #96-02, BY INDEPENDENT SCHOOL DISTRICT N0. 14 (WARD 1): A. TO VACATE STREETS AND AI,LEYS GENERAI�LY LOCATED NORTH OF 61ST AVENUE, EAST OF 7TH STREET, SOUTH OF 63RD AVENUE, AND WEST OF JACKSON STREET; B. TO VACATE STREETS AND ALLEYS GENEE�LLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE LAKE DRIVE; AND C. TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE LAKE DRIVE: Mr. Hickok, Planning Coordinator, stated.that this is a request for vacation of streets and alleys in the�Vineland Addition and Blocks 2- 11, Moore Lake Additzon. In 1955, the City had vacated the streets and alleys in Vineland Addition. School District No. 14 requested that the streets and alleys be re-vacated to clarify the issues, as the paperwork was not completed in order to finalize this process. • Councilman Schneider stated that his primary issue was an explanation, as there was an implied receiving of property. Mr. Hickok stated that this vacation is a joint request by the City and the School District. Councilman Schneider stated that these are "paper" alleys and are being vacated because there is no possibility of them being used. Streets are already built in these areas. Mayor Nee stated that the petition by the School District for vacation is on property owned by the City and asked if this was correct. Mr. Hickok stated that this is a joint request for vacation of the streets and alleys on City property and on School District property. He reviewed the areas on a map that will be City property and those that will be School District property. After the transfer the School District retains about 29.17 acres, and the City retains about 29.27 acres. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 15 9. RESOLUTION NO. 91-1996 APPROVING A PLAT, P.S. #96-01, TIGERLAND PARK (INDEPENDENT SCHOOL DISTRICT N0. 14) (WARD 1): Mr. Hickok, Planning Coordinator stated that this resolution would formalize the approval of the plat for Tigerland Park. Agreements in the mid-50's led both School District No. 14 and the City to believe they owned certain properties and operated in accordance with those agreements. The properties were developed by the School District and City in accordance with the belief that they owned it. Some time later, both parties acknowledged, in good faith, that the paperwork had not been completed. This was not revealed until there was a waste fee attached to each of the properties. This led to this plat so that it can be filed and the titles cleared as to the proper ownership. Councilman Schneider asked what instrument proves ownership. Mr. Hickok stated that there is another documen� that will describe ownership of each of the parcels. Mr. Knaak, City Attorney, stated that the previous attorney for the City is handling this issue, but understands it was intended to be a registration process. This would be a court document and a land registration proceeding that would declare the ownership. There are alternatives 'involving quitclaim deeds; however, this particular process was intended to be a registration proceeding. Mr. Hickok stated that staff is working with Virgil Her�ick's office. Gregg Herrick is drafting the final document. Mr. Knaak stated that the platting is actually different than declaring ownership. The plat is a means for describing the property; however, to create ownership there needs to be an additional process. He understands that the whole effort was to finally get everything into a registered document. Councilman Schneider asked if this registered document would be brought to the Council for approval. Mr. Hickok stated that the document would be submitted to Council for review. With the plat, each party understands that the property lines and the document solidifying this would be submitted to the County. Councilman Schneider stated that he would be more comfortable in seeing the document declaring ownership. Mr. Burns stated that the plat process has to precede the registration of documents. He understands that the re-platting does not directly affect ownership. Transfer or swapping of property occurs after the plat is approved, and the registered FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 16 documents are prepared. The plat has to be approved first befoze the registration of documents can occur. Councilman Schneider asked what would happen if the registration process is not approved but the Council has already approved the plat. Mr. Hickok stated that the plat would not be filed, as the accompanying document would identify ownership. Mr. Knaak stated that any time property is platted there is an initial owner. A descrip�ion of the property is created with this plat but not ownership. Then there is the land registration process in which the court reviews the plat and examines who is the owner. If everyone agrees, there is the judicial protection of the Torrens system. There is no requirement that the two parties need to join in order to get the judicial approval. This is the simplest way to clear the record. Councilman Billings stated that what is being presented is, in fact, a duplication of what happened in 1955. The problem is that part of the property is abstract, and part is Torrens property. When the attorney reviewed it to file quitclaim deeds, it proved �o be easier and less confusing to re-survey and plat it. Since this is a joint effort by the Sc�ool District and the City, he felt the process would proceed until it is concluded. He has been working on this issue for over a year to bring this together and to represent the actual usage of the land. Councilman Billings stated that the map on Page 9.04 of the Council's agenda book reflects the property to be transferred to the City. Councilman Schneider asked what would be involved to change the name of this plat. Mr. Hickok stated that the name could be changed before the mylar was completed. Mr. Burns said that if Council wished to change the name of this plat, he would suggest an amendment to this resolution to change the name. Councilwoman Bolkcom suggested the name Vineland-Shorewood or a combination of both of these words, Vinewood, rather than Tigerland. MOTION by Councilman Schneider to adopt Resolution No. 91-1996. Seconded by Councilwoman Bolkcom. MOTION by Councilman Schneider to amend Resolution No. 91-1996 by eliminating the word "Tigerland" in the resolution and substztuting FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 17 the word "Vinewood". Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman Schneider, Councilwoman Bolkcom, Council- woman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 18. RESOLUTION N0. 96-1996 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS: Councilwoman Bolkcom requested that the March 24, 1997 Council meeting be changed to March 31, 1997. She also suqgested that the holiday for Veterans Day be November 11, 1997, not September 11, 1997. MOTION by Councilwoman Bolkcom to adopt Resolution No. 96-1996, with the following changes: The March 24, 1997 Council meeting should be changed to March 31, 1997 and the Veterans Day holiday should be changed to November 11, 1997. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion ca�ried unanimously. NEW BUSINESS: • 25. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #96-03, BY CLAYTON AND JEAN HICKS, GENERALLY LOCATED AT 106 HARTMAN CIRCLE N.E.) ( WARD 3 ) : Mr. Hickok, Planning Coordinator stated that Council held the public hearing on this vacation request on September 30. The request was to vacate two five-foot drainage and utility easements along the property line of Lots 2 and 3, Block l, Sandhurst Addition. This property is located at 106 Hartman Circle. Mr. Hickok stated that staff originally recommended that the petitioner dedicate a ten-foot drainage and utility easement adjacent to the north property line of the petitioner's property. The Planning Commission recommended approval of this vacation request without the stipulation for an easement. It is staff's recommendation that a five-foot easement be requested which is consistent with typical plat/easement policies. MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading, with no stipulations in concurrence with the unanimous recommendation of the Planning Commission. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Bolkcom, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 18 against the motion. Mayor Nee declared the motion carried by a four to one vote. 26. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that the Public Works Director would like to informally discuss changes to the intersection at Interstate 694 and Highway 65 after this meeting. ADJOURNMENT: MOTION by Councilwoman Bolkcom to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 14, 1996 adjourned at 9:25 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor MEMORANDUM DEVELOPMENT �IRECTOR DATE: October 24, 1996 TO: William Bums, City Manager ��,``� FROM: Barbara Dacy, Community Development Director Scott Hickok, Pianning Coordinator Michele McPherson, Pianning Assistant SUBJECT: Second Reading of an Ordinance Approving a Vacation Request, SAV #96-02, by lndependent School District #14 The City Council conducted a public hearing regarding the vacation requests by Independent School District No. 14 on July 8, 1996. These requests vacate streets and alleys located on school district and City owned property in the area of the high school; middle school, and Commons Park wellfield. The City Council approved the frst reading of the ordinance approving the vacation request at its October 14, 1996 meeting. Recommendation Staff recommends that the City Council approve second reading of the attached ordinance vacating streets and alleys in Vineland Addition, and Blocks 2- 11, Moore Lake Addition. MM/dw M-96-497 1.01 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION l. To vacate streets and alleys described as follows: All of Washington Street, platted as llth Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of Jefferson Street, platted as 12th Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of Madison Street, platted as 13th Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of Monroe Street, platted as 14th Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of Quincy Street, platted as 15th Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of Jackson Street, platted as 16th Avenue on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of 62nd Avenue Northeast, platted as Kent Street on Vineland Addition to Fridley Park, Anoka County, Minnesota. Al1 the alleys in Blocks 1 to 12 inclusive, Vineland Addition to Fridley Park, Anoka County, iKinnesota. That part of 61st Avenue Northeast, platted as Court Street on Vineland Addition to Fridley Park, Anoka County, Minnesota lying easterly of the east line of Block 12, extended southerly, said Vineland Addition to Fridley Park. 63rd Avenue Northeast, platted as Astor Street on Vineland Addition to Fridley Park, Anoka County, Minnesota. All of the unnamed Half Avenue or Street, as platted on Vineland Addition to Fridley Park, Anoka County, Minnesota, said unnamed Avenue or Street, lying easterly of the east line of Block 12, extended southerly, said Vineland Addition to Fridley Park. 1.02 Page 2 - Ordinance No. This pzoperty is generally located north of 61st Avenue, east of 7th Street, south of 63rd Avenue, and west of Jackson Street. All lyinq in the South Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. To vacate streets and alleys described as follows: All of Washington Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 60th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 61st Avenue Northeast, as platted on said Moore Lake Addition. Al1 of Jefferson Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 60th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 61st Avenue Northeast, as platted on said Moore Lake Addition. All of Madison Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 60th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 61st Avenue Northeast, as platted on said Moore Lake Addition. Al1 of Monroe Street, as platted on Moore Lake Addition, Anoka Caunty, Minnesota, lying northerly of the north line of 60th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 61st Avenue Northeast, as platted on said Moore Lake Addition. All the alleys in Blocks 2 to 6, inclusive, Moore Lake Addition, Anoka County, Minnesota. This property is generally located north of 59th Avenue, east of 7th Street, south of 61st Avenue, and west of West Moore Lake Drive. All lying in the North Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 3. To vacate streets and alleys described as follows: All of Washington Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 59th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 60th Avenue Northeast, as platted on said. Moore Lake Addition. 1.03 Page 3 - Ordinance No. All of Jefferson Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 59th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 60th Avenue Northeast, as platted on said Moore Lake Addition. All of Madison Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of 59th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 60th Avenue Northeast, as platted on said Moore Lake Addition. All of Monroe Street, as platted on Moore Lake Addition, Anoka County, Minnesota, lying northerly of the north line of said 59th Avenue Northeast, as platted on Moore Lake Addition, and lying southerly of the south line of 60th Avenue Northeast, as platted on said Moore Lake Addition. 59th Avenue, as platted on Moore Lake Addition, Anoka County, Minnesota, lying easterly of the west line, extended southerly, of Block 10, said Moore Lake Addition, and lying westerly of the east line, extended southerly, of Block 11, said Moore Lake Addition. 59th Avenue, as platted on Moore Lake Addition, Anoka County, Minnesota, lying westerly of the shoreline of Moore Lake and lying easterly of the following described line: Beginning at the southwest corner of Block 12, said Moore Lake Addition; thence southeasterly to the northwest corner of Lot l, Block 1, Donnay's Lakeview Manor Addition, Anoka County, Minnesota and said line there terminating, 60th Avenue Northeast, as platted on Moore Lake Addition, Anoka County, Minnesota, lying easterly of the west line, extended southerly, of Block 6, said Moore Lake Addition, and lying westerly of the shoreline of Moore Lake, said Moore Lake Addition. All the alleys in Blocks 7 to 11 inclusive, Moore Lake Addition, Anoka County, Minnesota. This property is generally located north of 59th Avenue, east of 7th Street, south of 61st Avenue, and west of West Moore Lake Drive. All lying in the North Half of Section 23, T-3U, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. 1.04 Page 4 - Ordinance No. SECTION 4. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CZTY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CFiAMPA, CITY CLERK Public Hearing: July 8, 1996 First Reading: October 14, 1996 Second Reading: Publication: 1.05 WILLIAM J. NEE - MAYOR /✓�'� �; �'y{I7�i\l.i .� z�� , ,�,,',�� , .. ��' Fridley Police Department Memorandum 1'�., To: William W. Bum� ' From: Dave SaHman j Date: October 22, 1996 Re; Pawn Shop Amendment Attached is the proposed amendments to the Pawn Shop Ordinance (Chapter 31) for the second reading before the Council on October 28�', 1996. Staff recommends approval. 2.�� ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 31, ENTITLED "PAWN SHOPS", BY AMENDING SECTION 31.01, "DEFINITIONS", SECTION 31.02, ��LICENSE REQUIRED", AND SECTION 31.12, `�RESTRICTED TRANSACTIONS" The Council of the City of Fridley does hereby ordain as follows: 31. PAWN SHOPS 31.01 DEFINITIONS The following words and terms when used in this Chapter shall have the following meanings: 1. Licensee. The person, corporation, partnership, or association to whom a license is issued under this Chapter including any agents or employees of the person, corporation, partnership, or association. 2. Minor. Any natural person under the age of eighteen (18) years. 3. Pawnbroker. A person, corporation, partnership, or association who loans money on deposit or pledge of personal properiy or other valuable things or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. This Chapter does not apply to a person, corporation, partnership, or association doing business under and as permitted by any law of this State or of the United States relating to banks, building and loan associations, savings and loan associations, trust companies or credit unions. 4. Public Safety Director. The Public Safety Director of the City of Fridley ar the Director's designee. 2.�2 � Page 2 ORDINANCE NO. 5. City. The City of Fridley, Minnesota, a municipal corporation. 31.02. LICENSE REQUIRED. No person, corporation, partnership, or association shall exercise, carry on or be engaged in the trade or business of pawnbroker without first obtaining a license from the City as provided in this Chapter. 31.12. RESTRICTED TRANSACTIONS. 1. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property from any person on any day of the week before 7:00 a.m. or after 10:00 p.m. 2. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property from any minor or from any person of unsound mind or from an intoxicated person. 3. No licensee nor any agent or employee of a licensee sha11 purchase, accept, or receive any article of properiy which contains an altered or obliterated serial number or an article of property whose serial number has been removed. 4. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property knowing, or having reason to know, that the article of property is encumbered by a security interest. For the purpose of this section "security interest" means an interest in properiy which secures payment or other performance of an obligation. 5. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property, from any person, knowing, or having reason to know, that said person is not the true and correct owner of the property. 6. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property, from any person, without first having examined a valid photo driver's license or valid photo identification card issued by the state of residency of the person. 2.03 Page 3 ORDINANCE NO. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: 10/14/96 Second Reading: Publication: WILLIAM J. NEE - MAYOR 2.04 DATE: October 24, 1996 MEMORANDUM PLANNING DIVISION TO: Wlliam W. Bums, City Manager ,�� C� �' FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Fi�st Reading of an ordinance approving a zoning text amendment ZTA #96-01, by Northco Corporation, to amend Code Section 205.. 18.C.(5), to allow day care centers in the M 2, Heavy Industriai District The Planning Commission voted unanimously to recommend app�oval of a request to a{!ow day care cerrters in an M 2, Heavy Industriai District. The Planning Commission recommendation was subject to allowing the use as a special use permit in both the M-1, Light Industrial and M 2, Heavy Industrial Districts with several performance standards. Attached is the ordinance language recommended. The City Council held its Public Hearing for this item on October 14, 1996. Recommendation Staff recommends approval of the attached ordinance, as recommended by the Planning Commission. 3.01 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.17.O1.0 AND 205.18.01.0 ADOPTING NEW SECTIONS 205.17.O1.C.{13) AND 205.18.O1.C.(14) The City Council of the City of Fridley does hereby ordain as follows: Section l. Section 205.17.O1.C. Special Use Permits: (13) Day Care Centers (a) The proximity of the outdoor play area to the building shall be designed so that children do not have to cross vehicle traffic. (b) Loading and drop-off locations shall not interfere with traffic flow. (c) Pedestrian crossing areas shall be clearly marked. (d) Limit the maximum floor area to be occupied by day care center shall be limited to 300 of the floor area of the principal industrial building. (e) Require parking at l space per 250 square feet of useable daycare space (per Section 205.07.O1.C.(4).(a) of the code). ((1))Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the required number of parking spaces. ((2)}When the provisions for required parking space is inadequate, the City may require additional off- street parking be provided. (f) Limit the type of signage to wall signage, no independent free-standing siqns shall be permitted unless the sign replaces the free-standing sign of the industrial complex the center is within. {g) facility shall be licensed in accordance with Minnesota and Anoka County requirements. 3.02 {h) The facility shall comply with building code occupancy and separation requirements. Section 2. Section 205.18.O1.C. Special Use Permits {14) Day Care Centers (a) The proximity of the outdoor play area to the building shall be designed so that children do not have to cross vehicle traffic. (b� Loading and drop-off locations shall not interfere with traffic flow. (c_) Pedestrian crossing areas shall be clearly marked. (d) Limit the maximum floor area to be occupied by day care center shall be limited to 30% of the floor area of the principal industrial building. (e) Require parking at 1 space per 250 square feet of useable daycare space (per 5ection 205.07.O1.C.(4).(a) o f the code ) . ((1))Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the required number of parking spaces. ((2))When the provisions for required parking space is inadequate, the City may require additional off- street parking be provided. (f) Limit the type of signage to wall signage, no independent free-standing signs shall be permitted unless the sign replaces the free-standing sign of the industrial complex the center is within. (g) facility shall be licensed in accordance with Minnesota and Anoka County requirements. (h) The facility shall comply with building code occupancy and separation requirements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996. WILLIAM J. NEE - MAYOR 3.03 ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: October 14, 1996 First Reading: Second Reading: Publication: 3.04 MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 24, 1996 TO: Wiifiam Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Establish a Public Hearing for November 4, 1996 for a Zoning Text Amendment, ZTA #96-02, by Noah's Ark The zoning text amendment request by Noah's Ark proposes to amend Chapter 205 of the Fridley City Code, entitled "Zoning", to add definitions for homes for the elderly, and to establish specific parking ratios for each of those defined uses. The Pianning Commission conducted a public hearing regarding this request at its October 16, 1996 meeting. The Commission recommended approval of the proposed ordinance change to the City Council. Recommendation The zoning code requires that the City Council conduct a public hearing for all zoning text am�ndments. Staff recommends that the City Council establish November 4, 1996 as the date of the public hearing. MM/dw M-96-501 4.01 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, November 4, 1996 at 7:30 p.m. for the purpose of: Consideration of a Zoning Text Amendment, ZTA #96-02, by Noah's Ark, to amend the Fridley City Code, Chapter 205, entitled "Zoning", by amending Sections 205.07.O1.C.(8), 205.08.O1.C.(8), 205.09.O1.C.(7), and 205.14.O1.A.(14), to provide parking standards for hospitals, nursing homes, convalescent homes, and homes for the elderly. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Community Development Department at 572-3593. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 28, 1996. Publish: October 24, 1996 October 31, 1996 4.02 WILLIAM J. NEE MAYOR CITY OF FRIDLEY PLANNING CO1rA�lISSION MEETING, OCTOBER 16, 1996 CALL TO ORDER: Chairperson Savage called the October 16, 1996 Planning Commission meeting to order at 7:30 p.m. ROLL CAI,L : Members Present: Members Absent: Diane Savage, Dave Kondrick, LeRoy Oquist, Connie Modig, Larry Kuechle Dean Saba, Brad Sielaff Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant James A. Fehling, Fehling Agency R. A. Stinski, 1612 E. Berne Circle N.E. John Mely, 14945 Crow River Drive, Rogers Brian Sullivan, 2625 - 172nd Avenue N.W., Andover APPROVAL OF OCTOBER 2, 1996 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to approve the October 2, 1996, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. l. PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #96-02, BY NOAH'S ARK: To amend the Fridley City Code, Chapter 205, entitled "Zoning", by amending Sections 205.07.O1.C.(8), 205.08.O1.C.(8), 205.09.O1.c.(7) „ and 205.14.O1.A.(14), to provide parking standards for hospitals, nursing homes, convalescent homes, and home for the elderly. Ms. McPherson stated the petitioner had not yet arrived and suggested discussion first of item #4, Proposed Fair Housing Ordinance. 2. PROPOSED FAIR HOUSING ORDINANCE Mr. Hickok stated the City is committed to adopt a fair housing ordinance as part of the settlement agreement with the Sylvan Oaks Tenants Association. In preparation of the Southwest Quadrant project, the City demolished a number of buildings. As part of that demolition, there was a challenge and ultimately a settlement with the Tenants Association. In the settlement, the City stipulated they would adopt an ordinance that would assure the City 5.01 PLANNING CON�SISSION MEETING, OCTOBER 16 1995 PAGE 2 protects all classes of people and that the City would investigate the best way to do that. The City did investigate with Mr. Knaak, City Attorney, and also with Jodee Kozlak, Greene Espel, who represented the City in the case with the Tenants Association. Mr. Hickok stated the ordinance incorporates by reference the standards of the Federal Fair Housing Act and the Minnesota Human Rights Act. The City would assure that the ordinance was in place to protect unlawful activities of an owner as they lease, sublease or manage their unit; and under the ordi�ance an owner cannot refuse to sell, rent, or lease housing from any person or group of people because of their race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status. Mr. Hickok stated staff, along with the legal staff, has analyzed the language of these acts and are comfortable wi�h it. The City would have the ability to use a larger pool of enforcement and do have some backing from both 5tate and Federal agencies. Staff recommends approval of the fair housing ordinance as included in the agenda packet. The Housing & Redevelopment Authority has reviewed the proposed ordinance and have recommended approval. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend approval of the proposed Fair Housing Ordinance as presented by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #96-02, BY NOAH'S ARK: To amend the Fridley City Code, Chapter 205, entitled "Zoning", by amending Sections 205.07.O1.C.(8), 205.08.O1.C.(8), 205.09.O1.c.(7)„ and 205.14.O1.A.(14), to provide parking standards for hospitals, nursing homes, convalescent homes, and home for the elderly. MOTION by Ms. Modig, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:38 P.M. Ms. McPherson stated the zoning text amendment is the result of a request by Noah's Ark to construct a senior/elderly independent living structure at the intersection of 83rd Avenue and the West Universi�y Avenue service drive. The parcel is zoned C-2, General Business. Homes for the elderly are a permitted use in that district. 5.02 PLP.NNING CO1r�IISSION MEETING, OCTOBER 16, 1996 pp,GE 3 Ms. McPherson stated the purpose of the zoning text amendment is to define what the City means by homes for the elderly since there are also nursing homes and assisted living buildings which provide a different level of care than nursing homes. There are also independent living senior buildings which are apartments for seniors with limited services provided. Ms. McPherson stated the zoning code does not recognize the modernization and diversification of the senior housing market. Staff is proposing to provide some specific parking ratios for senior buildings which recognizes the fact that, as seniors age in place, the number of vehicles usually decreases and could eventually be eliminated. Currently, the ordinance for multiple family dwellings are based on a rate of 1.5 parking spaces for each one bedroom and an additional .5 parking space for each additional bedroom. Staff is suggesting for convalescent homes the rate be one space for every four beds and three spaces for each four employees on a shift. For independent living facilities, staff is recommending one space per unit with 500 of the spaces enclosed. They have a caveat that states, "If the City determines the building may be converted to market rate, then the number of stalls shall be based on the number of bedrooms as calculated in the current code". For assisted living facilities, the recommendation is 0.5 space per unit. Ms. McPherson stated, in reviewing the requirements of other cities for these types of facilities, staff found the requirements were all over the board. Some cities have no requirements for senior buildings. Others have one space per unit. Others require meeting the general standard but then say they can put in less if there is enough room to meet the general requirements. The .5 space per unit for assisted living facilities is based on the petitioner's historical experience. The one stall per unit for senior independent housing is consistent with those communities that do have parking ratio requirements. Nursing homes requirements also vary widely. There are a number of different ratios. Some are based on the number of beds, the number of employees, etc. The recommendation as presented by staff seems to be the middle of the road. Ms. McPherson stated staff recommends approval of the zoning text amendment to add the following parking ratios for convalescent homes and homes for the elderly: Convalescent Homes - One space for every four beds and three spaces for every four employees on the largest shift. Independent Living Facilities - One space per unit, with 50-'; of the stalls enclosed. If the building is convertible to market rate, then the number of stalls shall be based on the number of bedrooms. 5.03 PLANNING CONIlKISSION MEETING, OCTOBER 16, 1996 PAGE 4 Assisted Living Facilities - One-half space per unit. Mr. Oquist asked if this takes into consideration not only resident parking but also visitor parking. Ms. McPherson stated there was only one community that required visitor spaces in their ratio calculation. That acknowledgment was one space for the first 10 units and .25 space for every unit of 10 above that. If.the Commission wanted to add an additional acknowledgment to the proposed ratio for visitor parking, that would be up to the Commission. Mr. Kondrick stated this did not seem like that many spaces for visitors. Mr. Kuechle stated, when looking at one space for every four beds, we must consider that not very many residents have cars. The independent living is one space per unit. Mr. Kondrick stated it seemed fair for the residents. There seems to be a need for visitor parking. Using the visitor parking ratio mentioned, a building with 30 units would require 1.5 parking spaces for visitors. That does not seem right. Ms. McPherson stated the requirement is for one space per unit is for the residents in the building plus spaces in addition to that for visitors. Mr. Oquist stated he did not have a problem with the ratio for residents. It is possible that only 30% of the residents living in the building will have a vehicle. His mother-in-law lives in a similar type of building and he has never experienced problems finding a parking space. Mr. Savage agreed that this may well be the situation in all the buildings. Ms. Modig asked what was meant when talking about converting the building to market rate. Ms. McPherson stated, for example, if a building was a subsidized building originally built for independent living seniors and 20 years later, the subsidy ran out or expired and the building was converted to general market, then we would require more spaces. Ms. Modig stated, if the building is converted to market rate, we would then require more spaces. If now only one space per unit is required, we are saying they cannot do anything with that property because they do not have enough parking spaces. 5.04 PLANNING COI��ISSTON MEETING OCT08ER 16 1996 PAGE 5 Ms. McPherson stated, by requiring that c2ause, if someone selects a property and starts a senior building and then sells it to someone else, that person would not be able to convert to a different type of building unless they can provide the spaces. Mr. Kuechle asked what the experience had been regarding parking at Village Green. Ms. McPherson stated, to her knowledge, they have never had a parking problem. She did not know what that parking ratio was. The Norwood Square building was required to provide the general market requirements that were in place in the code. They only installed the minimum of one space per unit and they have not had any parking problems. Ms. Modig stated she has a relative in a highrise building in St. Paul with a small parking lot. When visiting, they never had problems finding a parking space even during the holidays. Mr. Hickok stated he asked the petitioner what happens during holidays. The petitioner stated that typically there are not a lot of holiday events. They will get a scattered number of families, but generally the residents go out. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend approval of the text changes as recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4- PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #96-03, BY ROLAND STINSKI: Per Section 205.16.O1.A.(1) of the Fridley City Code: 1. USES PERMITTED A. Principal Uses. The following are principal uses in CR-1 Districts: (1) Professional office facilities including real estate, lawyer, architectural, engineering, financial, insurance, professional jewelry services, and other similar office uses. 5.05 PLANNING COIrIl�lISSION MEETING OCTOBER 16 1996 PAGE 6 MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:53 P.M. Mr. Hickok stated the request is for a text amendment. The petitioner is asking for a text amendment to allow a professional jewelry store in a professional office building. The proposal would allow a modification of the CR-1, General Office District, to allow a certain amount of retail in an office space such as this. Along with Mr. Stinski are Mr. Sullivan and Mr. Mely who are gemologists and professional jewelers who are interested in the space now occupied by an insurance company on the main floor. The area is set up to have a number of private office spaces and, as described by the petitioners, would incorporate some retail space in what is now the lobby. Mr. Hickok stated staff visited a complex located at I-394 and Highway 100 where they have a main floor jewelry operation similar to that proposed. Staff found this facility to be an interesting mix. The use itself without the showcases is truly an office use. It has private consultation rooms for those interested in buying diamonds, rooms with microscopes for the gemologists, general office space, and the retail area is the equivalent of a lobby with glass showcases. Mr. Hickok stated, as staff evaluated the history and purpose of this zoning district, staff also looked at where the district is located. The property is located north of I-694 and east of Highway 65. The CR-1 was meant to transition from industry and commercial to other uses. This is a passive use with not a lot of impact beyond the property line. Staff evaluated whether or not a small retail operation would have impacts. Staff determined there may be things such as signs, separate doors, etc., that would take it away from a professional office building appearance. With that, staff recommends approval of the text amendment as a special use in the CR-1 district, with the following stipulations: l. Retail jewelry sales shall be incidental to other permitted uses and shall not comprise more than 25 percent of the floor area of the principal uses space. 2. All signage shall be consistent with that allowed in the district. 3. Entrance to the retail sales area shall be through the space of the principal use, not through a separate entrance. Mr. Oquist asked if there was enough parking to accommodate this use along with the rest of building. 5.06 0 PLANNING CONfMISSION MEETING, OCTOBER 16, 1996 PAGE 7 Mr. Hickok stated the building has 89 spaces with 88 required. Based on their experience, they feel they have adequate space within the existing parking. Mr. Oquist asked what the signage would be limited to. Mr. Hickok stated, in the CR-1 district, the building itself has its identifying sign. For a freestanding sign, it is a monument sign which has less of an impact as opposed to a pylon sign . The amendment would say the jewelry business would not have its own separate signage. If the office building wanted to use some of its building sign, they can do that but not on a separate sign. Ms. Savage asked if the petitioners had any problems with the stipulations. Mr. Sullivan and Mr. Mely stated they had no problem with the stipulations and that they had no additional comments. Mr. Kuechle asked if they had any problems with the sign requirements. Mr. Sullivan stated they are okay within the parameters. Mr. Oquist asked if there would be a need for such things as special sale signs, etc. Mr. Mely stated this would not be used with their business. Mr. Stinski stated he was the owner of the building. He assured there would be no other signage then what is appropriate. He is very particular about who they have in the building. There will be no additional signs. They will be nice tenants and an asset to the building. Mr. Fehling stated his family has had an insurance business in Fridley for over 30 years. Mr. Mely is a client of theirs and they have done a lot of business with him and have done a lot of business with Continental Diamonds. As a character assessment, he thought they would be a positive influence. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:04 P.M. Mr. Kondrick stated he had no problem with the request. This is a nice building in a good location.. 5.07 PLANNING COI��ISSION MEETING, OCTOBER 16, 1996 PAGE 8 Mr. Oquist asked, because this is a jewelry store, do the police have any issues. Mr. Hickok stated the police are aware of the request and had no specific stipulations. Mr. Stinski stated he has references from the police in the City of Blaine. Mr. Kondrick stated such a business would have valuable products. Is security part of their responsibility? Ms. Savage stated the police would patrol that area. Mr. Stinski stated the building has an alarm system that rings directly to the police department. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend approval of Zoning Text Amendment, ZTA #96-03, by Roland Stinski, with the following stipulations: l. Retail jewelry sales shall be incidental to other permitted uses and shall not comprise more than 25 percent of the floor area of the principal uses space. 2. All signage shall be consistent with that allowed in the district. 3. Entrance to the retail sales area shall be through the space of the principal use, not through a separate entrance. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would the amendment on October 28. If approved, the petitioner wou�d then be asked'to come through with their specific special use permit. 5. PUBLIC HEARING: CONSIDERATION OF A WETLAND REPLACEMENT PLA[�, WR #96-01, BY NOAH'S ARK: To fill 9,356 square feet of type PEMC wetland and replace with same on site; 83rd and University Avenue. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to table consideration of a Wetland Replacement Plan, WR #96-01. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF SEPTEMBER 9, 1996 5.08 PLP.NNING CON�iISSION MEETING, OCTOBER 16, 1g96 PAGE 9 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the Parks & Recreation Commission meeting of September 9, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF SEPTEMBER 12, 1996 MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the minutes of the Housing & Redevelopment Authority meeting of September 12, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok provided an update of City Council actions. �DJOIJRNMENT MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAiGE DECLAFtED THE MOTION CARRIED AND THE OCTOBER 16, 1996, PLANNING COI�IISSION MEETING ADJOURNED AT 8:12 P.M. Respectfully submitted, , � -��'G�,., -;� � � � - �; �� 'c Lavonn Cooper Recording Secretary 5.09 S I G N— IN S H E E T PLANNING COMMISSION MEETING, Wednesday, October 16, 1996 5.10 DATE: October 24, 1996 MEMORANDUM PLANNING DIVISION � TO: wlliam W. Bums, City Manager ,�,, -� � �� FROM: Barbara Dacy, Community Development Director Scott H'ickok, Plaru�ing Coordinator SUBJECT' Establish Public Hearing for Zoning Text Amendment ZTA #96-03 The Pla.nning Commission conducted a public hearing regarding Mr: Roland Stinski's request, to amend Code Seclion 05.16.O1.A(1), ofthe Fridley City Code, to allow professional jewelry secvices as a permitted use in the CR-1, General Office District. The Planning Commission voted unanimously to recommend approval of the amendment subject to permitting the use as a special use pernut. Staff recommends that the City Council establish November 4, 1996 as the date of the public hearing. SH/ M-96-233 s.� � PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, November 4, 1996 at 7:30 p.m. for the purpose of: Consideration of a Zoning Text Amendment, ZTA #96-03, by Roland Stinski, per Section 205.16.O1.A.(1) of the Fridley City Code: 1. USES PERMITTED A. Principal Uses. The following are principal uses in CR-1 Districts: (1) Professional office facilities including real estate, lawyer, architectural, engineering, financial, insurance, professional jewelry services, and other similar office uses. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Community Development Department at 572-3599 Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 28, 1996. Publish: October 24, 1996 October 31, 1996 6.�2 WILLIAM J. NEE MAYOR CITY OF FRIDLEY M E M O R A N D II M TO: WILLIAM W. BIIRN3, CITY MANAGER,f �i�r� v. ( �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CiiAMPA, ACTING CITY CLERK SUBJECT: MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT APPLICATION FOR WORLD ASSOCIATION OF THE ALCOHOL BEVERAGE INDQSTRY (WAABI) DATE: OCTOBER 24, 1996 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premises Permit for World Association of the Alcohol Beverage Industry (WAABI) at Main Event, 7820 University Avenue Northeast. If approved, this would be WAABI's second gambling permit in Fridley. So far in 1996, WAABI has contributed over $41,000 from their gambling proceeds to local causes. Minnesota State Statutes requires the adoption of a resolution approving or denying this type of gambling permit. 7.� 1 RESOLUTION N0. - 1996 RESOLUTION IN SUPPORT OF A PREMISES PERMIT APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO W4RLD ASSOCIATION OF THE ALCOHOL BEVERAGE INDUSTRY (WAABI) WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for World Association of the Alcohol Beverage Industry (WAABI); and WHEREAS, the location of the Premise Permit is for Main Event, 7820 University Avenue Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Wor1d Association of the Alcohol Beverage Industry (WAABI). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 7.�2 WILLIAM J. NEE - MAYOR TO: WILLIAM W. BURNS, CITY MANAGER .�I�� r'� FROM: RICHARD D. PRIBYL, F'INANCE DIRECTOR HOWARD KOOLICK, ASSISTANT FINANCE DIRECTOR JUDY MELHAM, UTILITY BILLING CLERK SUBJECT: CERTIFICATION OF DELINQUENT UTII.ITY SERVICES DATE: October 22, 1996 Attached is a resolution for the purpose of certifying delinquent utility accounts to the County for collection with the taxes in the year 1997. All property owners have been notified that the utility bills are being certified to the County and have been given adequate opportunity to pay the bill. The penalty shown on this resolution is in addition to the regular penalties that accrue on the utility bills. Due to the economy and other factors outside of the City's control, the number and dollar value of accounts has increased over last year; however, we cannot be sure of the final count or dollar value until mid-November since property owners have 30 days after the adoption of the resolution to pay without penalty. RDP/me Attachment 8.01 RESOLUTION NO. -1996 A RESOLUITON CERTIFI'Il�1G CERTAIN DELINQUENT UTIIdTY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH TgE 1996 TAXES WHEREAS, certain utility services for the City of Fridley are delinquent in payment, and WHEREAS, Chapter 402, Water and Sewer Administrafioq Chapter 113, Solid Waste Disposal and Recyciing Collection, Chapter 216, Storm Water Drainage Utility, and Sec�ion lA2 of the Ciry Charter provides for the certifying of delinquent charges to the County Auditor for collection with the taxes, and NOW, TT�REFORE BE TT RESOLVED, that the City Clerk is hereby authorized and directed to certify tt� following charges to the County Auditor for collection with the 1996 taxes due and payable in the year 1997, to wit: All these noted in Exhibit "A" attached hereto and made a part hereof by reference. PASSED AND ADOPTED BY Tf� CTTY COUNCiL OF TI� CITY OF FRIDLEY THIS DAY OF OCTOBER, 1996. ATTEST: WII.LIAM A. 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O� m 11A�O�ON�t�OtOODOOPP��p f�pp N�td�1 O�M�?f�f�000000P00�1�0 f �t�1�T�t�nu'fv��nul�nul�A�O�O�O�Of�t�1�1�l�I�OOPPPPO�PO.O��N _ �t �t .t �t .! �T �t d �1' J �t �1 �i �t J �t �T .! �t �f .t �? �T .t d �l .! �T �t �t �A �n �n �n � �n �n V1 �n 1!� u� �A in U1 ,n V1 �n i!1 �n U1 V1 y1 �!1 u� Y1 �A v� u'f �A �A V� IA �n �n{f1 �f1 v1 u� �n � WCO�O �ft�M�OP�OMO�pCOO.f�Cp O.tp.NMNIl1NOM�f�0q .p Op o0�`vu1 M1nPPMNNPNM�O►�OpN1nO1nOE0��pOM00��Q �01� V �NM �M�fT 1(�N�Of��f�t1(�ppp.pp�.p1A�P�O.tNMM0�0�0l� � P .-Pr-aO�-P.--�tONNNNO.PPP.f00P�nPPO�PPa00�t� Q IOp.�ONM001n1AMf�O000�OMNCOp..-�Q��}NCO��TNM�OIAO O�OOOOOOOOOOOOO�OO��OOOOe-�OOOO�OOO O O O O O O O O O O O O O O O O O O�O O O O O O O O O O O O O O O O IMMMMNM�M�.-��T�N.T�T�M��N�f.T�t�tMMNNMM�.f NNNN.-�t�tNMMNMM�tN�N�t�t�}�NNM�t�?NNN�NNM� � 0. N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N IO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M IMM�OMf�V�t(1�}MMMMMM�tM�tM�t�t�tM.t�t�tdNNNNMMNN N NNNN �.-�NNNNN ��e-NNNNN� �r-NN��-��OOr-r- 8.09 d' O 0. W � � O � Z W G W (.7 Q a � � CfTY OF FRIDLEY Type of License• FOOD ESTABLISHMENT Wendy�s 7601 Highway 65 NE Fridley, MN 55432 LAWFUL GAMBLING Main Event 7820 University Ave NE Fridley, MN 55432 OFF-SALE BEER Superamerica #4207 7449 East River Rd Fridley, MN 55432 TREE REMOVAL Rite-Way Tree 22010 Redwood St NW Fridley, MN 55432 LICENSES October 28, 1996 By: Wendy's Int. Tom Stuart Same T. Roemhildt 10.01 Approved By: Fees• Dave Sallman $45.00 Public Safety Director " " $300.00 rr �.� �� Pau2 Lawrence $40.00 Public Works Superintendent � � CfTY OF FRIDLEY GAS SERVICE5 Hokanson Plbg & Heating 9174 Isanti St NE Blaine MN 55449 LICENSES OCTOBER 28, 1996 Mark Palmer Miller Mechanical 16411 Nowthen Blvd Ramsey MN 55303 Lowell Miller GENERAL CONTRACTOR-COMMERCIAL K-Designers/Judson Enterprises (Siding Only) 11261 Sunrise Park Dr Rancho Cordova CA 95742 Larry Judson Target 1090 73 Ave NE Fridley MN 55432 Scott Dirkes ` GENERAL CONTRACTOR-RESIDENTIAL Advance Aluminum Supply Inc 7341 Commerce Lane NE Fridley MN 55432 Jim Myers Bangsund Ken Construction (7408) 8805 Davern Ave NE Monticello MN 55312 Flag Builders (8565) 715 Florida Ave S Golden Valley MN 55426 Groveland Craftsmen Inc (8526) 719 Myrtle St Hudson WI 54016 Metro Siding Inc (4861) 2750 Niagara Ln N Plymouth MN 55447 Northeast Handyman Service(20061690) 2503 Central Avenue NE Minneapolis MN 55418 Ken Bansund Scott Cooper D T Johnson Mark McFarland Mike Newman 10.02 RON JULKOWSKI Chief Bldg Ofcl Same RON JULKOWSKI Chief Bldg Ofcl Same STATE OF MINN Same Same Same Same Same Regal Builders (1168) 1840 English St Maplewood MN SSi09 Roncor Construction (2337) 10740 Lyndale Ave S Bloomington MN 55420 Steinkraus Construction (6363) 11720 52 Ave N Plymouth MN 55442 Tomco Company Inc (8747) 1425 Andover Blvd Andover MN 55304 HEATING Hokanson Plbg & Heating 9174 Isanti St NE Blaine MN 55449 PLUMBING Gateway Mechanical Inc 742 Beaver Trail Lino Lakes MN 55014 ROOFING Single Ply Systems Inc 404 W 79 St Bloomington MN 55420 Jess Roush Ron Baker Ben Steinkraus Tom Schiebout Mark Palmer Gene Beijer Leroy Swanson 10.03 Same Same 5ame Same RON JULKOWSKI Chief Bldg Ofcl STATE OF MINN RON JULKOWSKI Chief Bldg Ofcl � ESTIMATES � aF OCTOBER 28,1996 FRIDLEY ASTECH Corporation P.O. Box 1025 St. Cloud, MN 56302 1996 Street improvement Project (Sealcoat) No. ST. 1996 - '10 FINAL ESTIMATE : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $172,208.63 Struck & Irwin Paving Company 812 Wiliiamson Street Madison, WI 53703 1996 Street Improvement Project (Slurry Seal) � No. St. 1996 - 11 FINAL ESTIMATE : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,415.82 W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 1996 Street Improvement Project No. ST. 1996 - 4 Estimate No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,828.40 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of August, 1996 . . . . . . . . . . . . . . . . . . . $ 14,070.10 11.01 CITY OF FRIDLEY �'UBLIC WpRKS D��A�,TMENT EI�TGINEERZNC DNTSTbN 6431 �Jniversit�= ,A.�enue N'.�. Fridley; Minnesota 55432 October 2S, X996 Honarable Mayar and City Council Clty' Of �'rlc�ley c/o William ViT. Burns, Ci�y ��Zanager 6431 Uni�versity Avenue N.E. F�idle_y, MN a�432 Council Members: ��_4E�E EIVCr1�I�z�� i�'Ve hereby submit the Firza� Estimate for X996 S�reet Impro�vement Project ,tVo, ST. 1S9fi-].0 {Seaicoat), £ox ASTECH Corpozatian, P.O. Box �,025, St. Cloud, MN �6302. V�e have viewed the work under contract for the cor.struciion of 1996 Sireet Iinprovement Projec� �'roject No. ST. 1996-10 (Sealcoat) a�d find that th� same is subsiantia�� complete �n accordanee with the contraci docux�ents. i r�command that final payment be made upox� acceptance of the work by 3�our Honorable Boriy and thaL ihe r�n.e year contz�«ctual main�n,ance bond eomm�nce Gn October 2a", 1996. Kespectfi�lly submi John G. �lora Dixector of Public W�rks �'Z':cz � ; , , 1 ( � . -� �=— �� ;;.}_\ __ � •��,C.��'Z��,-- Prepared by, _ � ' ,� Checked by: �/'.� %G/��6 i 11.02 r . �� _ - October 2S, 1996 To: Public Works Director City of �idley � �� - �_ \: ►_ ' • • - - �- � / • f • _ U � • � . � • � ' - t • / • { • �- - s : �UVe, the uzxdersigned, ha� e i�spected the above-menti�ned project and find that the work required by the contract is substant�ally ��mplete in co*��ormity with the pl�ns and s�ecificaiions o£ the project. 4.11 deficiencies have been corre�ted by the coniractar. Also, the work for which the Ciiy ,feels the contractor should re�ceive a reduced pric.e has been agreed upon by the con�ractor. So, thexefore, we recommend to you that the Cit a y pprove the a�tached Fii�'AL ESTIIV.��Q�'� for the contrac+,or and the o�e-year maintenance bond, starting from the day of the fin�I inspection thaf being October 2�,��g, don fihompson, Construction Inspector ,_ ,. ; .� G �.. Mary L. Popp, V e-Presiden � 1 t.03 October 28, 1996 City of Fridley lgg6 $TREET ZMFROV�1VjEIriT p�tOJECT NQ. ST. 1996-1Q tSEAI.CdAT) � -� �=- • ► : _ � ' ►. This zs to certi�y that ite:xis of the �c�vvrk shown in the statement of �=ork certi�ed herein have been sctual]y fizxnished and done for the above-mentiazied projects in accoxdance w-ith thE plans and speci�cations heretofore,�p�xoved. The £�nal contract � cost is $172,2U$.63:and t.he iL�al pa�Tzxient of �172,208,fig for t�e improvement projecfi. wou�d cover in full, the contractox's clain�s against the City for all labor, materials ax�d other work down by the coniraetor under this pro;ect_ I dec�are under the pe�aalties o£ perjury that this statement is just and correct. ASTECH Carporation � '� �� 1 �. �. , c � Mary L. Popp, � ce—Preside 11.04 October 28, 1996 City of Fridiey �996 STREET XN��2.OVEMEI�'� PR,O�ECT NO. ST. �,996-10 {SEALCOA7') " • •.-- - - - •- - This is to certify that ATECH Corporation has abided by the Prevailing Wage �'rovisions as specified by the Minnesota lle��artment o£ �abor a�d Indusir_y fox Anoka County. > I declaxe under ihe penalties of perj�ry that this stateznent is just and correct. ASTEC�I Ca1tPORAT�ON �� ' J � , ��.. � � � . Mary L. Popp, , i e-Preside t 11.05 CITY OF FRIDLEY PUBLlC WORKS DEPART'MENT 6431 UNIYERSITY �iV�NUE N.E. FRID�EY, MlNNESOTA 55432 FROM: Ctty of Fr�d�ey Engineering Division T�: Honorable Mayor and City Counci! City of Fridley 6431 University Ave, NE Fridtey, MN 55a32 � I Dated; October 28, 1996 � RE: Estimate No. 1 (FiNAL) Period Endfng: October 25, tgg6 FOR: ASTECH P O Box 1025 St. Cloud MN 56302 �oa cooE rvo. 1996 STREET 1MPROVEMENT PROJECT (S�ALCOAT) i Sealcoa; witn �A-3 mod�fiFd I : aggregate appiicare raie � Sealcoat wiih FA-2 aggregate I application rate � Slveep befo;e seaicoai application I j Sweep after sealcoat application , j� in. x 3� in. "loose RoCk' signs SUMMARY: Ibriginal Contraci Amouni �ontract additions C.d.# 1 �''otltt�ct deduCtions -- evised cantract amount !alue Compfeted To Date ��motant Retained (0%) ess Amount Paid Previously ��IMDUN7 DUE 7HIS �'STIMAT� PftOJEC7 N0. ST. 19g� _� p STATEMENT OF WpRK r; `' Qi1� 17tlIY. Esf�rztated s-. ilnrt ` ,7'fi�s . ;: _- t:: Quarrt� ;:Urri+ `, Price 't Es;,rr�aie�' ; 91,257.00 j SY � 0.440 i T08,4w.00 I t i '. o.a,�oj 22�,sw.00 a � i 0.019 i 336.090.00 � 0.054 ! 336,09CA0 ! 40.000 i 52.00 . 236,321.00 � SY i sz7,s�e.o� j s� � � 327,578_04 � �Y I 40_00 � Eac� � � , TOTAL THJS ESTIMATF � � 74,315.85 0.00 O.bO 174,3f 5.86 172,208.63 0.00 0.00 S i 72, 208, 60 11.06 47,7 i 3.16 � 10�,G39.U0 � ' I 97.880.90 � 22i ,63�.0o i � ! 6,385.77 � 336,OS0.00 � 18, ] 45.86 � 336,O9Q,pQ i I 2,oao.00 � �2.00 � 5 ; 72.208.63 �t . int,, < 47,7 ; 3.16 � 57,�80.p0 ' 6,385.71 i ;s,las.ss � 2,oso pp � TOTAL AMOUNT S172,208.63 L�'�_ I - �� _ �, �stirnate No. ' I AS7ECh` Corp CERTIFlCATE OF THE CONTRACTOR i fiereby cert'rfy that the wo; k performed and the materials supplie� to date under the tarms oi the cantract tor tt�is project, and ail authorized changes thereto, have an actuat value uhde� the contract of the amounts �ifown on this estimate (and the fittal qua�tities on the nnal estimate are cot�ectj, and that this es2imate is just and correct and no part af the " m nt Due This Estirnate" has been received. , gY / , �.�• , Contracior's Authori e Representa�; e itte) GEF�T�lFICATE d� THE ENGINEER "� hereby certify that 1 have �r8paY2d or examined this estimate, and that the centractor is entitied ta paymen# �xf this estimate unde� t�,e cantract for referer�ce praject. �ITY OF FR(DLEY, INSPEC70R Date: n ,! '_;heckea By � � ' � j(,' -` a�� Respectfuily sutamitted, John G. , PE �ir o Pubtic Works 11.07 Page 2 r.-,TH; .- I S'" City of Fridley TO: William W. Bums, City Manager PW9fi-237 � FROM: John G. Flora� Public Works Director �Jon Wilczek, Asst Public Works Director DATE: October 28, 1996 SUBJECT: Street Improvement Project No. ST. 1998 - 11 (Slurry Seal) After bids were opened, it was decided that Rice Creek Terrace from University East Service Drive to 68th Avenue would be slurry sealed rather than sealcoated Likewise, 7th Street from 480 feet north of 68th to Madison Street and 67th Avenue from Jefferson to Monroe would be sealcoated rather than slurry sealed. These changes almost cancel each other out, with only an increase of 1,000 square yards of slurry seal or an overrun of approximately 3.4%. Recommend City Council approve final payment to Struck & Irwin Paving Company for a total amount of $34,415.82. Jw/JGF:cz Attachment 11.08 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota v5432 October 28, 1996 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for1996 Street Improvement Project (Slurry Seal), Project No. ST. 1996 - 11, for Struck & Irwin Paving Company, 812 Williamson St, Madison, WI 53703. We have viewed the work under contract for the construction of 1996 Street Improvement Project (Slurry Seal) Project No. ST. 1996 - 11 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 October 2�, 1996. Respectfully submitted, � - -� /�� /_%'-� ci'� John G. Flora Director of Public Works JT:cz Prepared b` Checked by 11.09 October 28, 1996 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY 1996 STREET IMPROVEMENT SLURRY SEAL PROJECT NO ST 1996 - 11 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 io you that �he City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being October 25, 1996 --� �"�'1 � ompson, Construc on Inspector ntractd�` Kepresentative, STRUCK & IRWIN PAVING, INC. JAMES BUCHANAN, PRESIDENT 11.10 October 28, 1996 City of Fridley 1996 STREET IMPROVEMENT (SLURRY SEAL) PROJECT NO. ST. 1996 - 11 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified - herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and spec�cations heretofore approved. The final contract cost is $34,415.82 and the �nal payment of $34,415.82 for the improvement project would cover in full, the contractor's claims against the G�ty for all labor; materials and other work down by the contractor under this project. I deciare under the penalties of perjury that this statement is just and correct. 11.11 October 28, 1996 City of Fridley 1996 STR,EET IMPROVEMENT {SLUR.RY SEAL) PftOJECT NO. ST. 1996 - 11 PREVAILING WAGE VERIFICATION This is to certify that Struck & Irwin Paving Company has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. STRUCK & IftWIN PAVING COMPANY 11.12 - CITY OF FRIDLEY i PUBLIC WORKS DEPARTMENT ' 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 ' FROM: City of Fridley RE: Estimate No. 1(FINAL) Engineering Division Period Ending: October 9, 1996 TO: Honorable Mayor and City Council City of Fridley FOR: Struck 8� Irwin Paving Company 6431 Unive�sity Ave, NE 812 Williamson Street Fridley, MN 55432 Madison WI 53703 '' Dated: October 28 1996 JOB CODE NO. , 1996 STREET IMPROVEMENT PROJECT (SLURRY SEAL) PROJECT NO. ST. 1996 — 11 STATEMENT OF WORK _ __ _ j' Slurryseal (Type ��) ',+ Swveep before slurry seal application >UMMARY: )riginal Contract Amount :.ontract additions C.O.# 1 %ontract deductions — evised contract amount alue Completed To Date mount Retained (0%) ess Amount Paid Previously ��iOUNT DUE TH1S ESTIMATE 33,741.00 SY 0.97 33,741.00 32,728.77 33,741.00 32,728.77 33,741.00 SY $0.05 33,741.00 1,667.05 33,741.00 1,687.05 TOTAL THIS ESTIMATE $33,278.52 33,278.52 34,415.82 0.00 0.00 $34,4i 5.82 11.13 $34,395.82 TOTAL AMOUNT $34,415.82 Struck & Irvvin Paving Company Estimate No. 1 CERTIFICATE OF THE CONTRACTOR 1 hereby certify that the work performed and the materials supplied to date under the terms of the contract for this project, and all authorized changes thereto, have an actual value under tfie contract of the amounts shown on this estimate (and th al quantities on t nal estimate are correct), and that this estimate is just and correct no part of Amou ue This st' ate" has been received. 6 y /� /� '-' .1 �i � ,.�/ � Representative CERTIFICATE OF THE ENGINEER STRUCK & IRWIN PAVING, INC. JAMES BUCHANAN, PRESIDENT 1 hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDLEY, INSPECTOR By �,.� �� Checked �By ��- �% � � /G .� � ,� . Date: Respectfully submitted, � !/ ,-L- lora, PE of Public Works 11.14 PAGE 2 MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 24, 1996 � � TO: Willia�n Burns, City Manager ��° FROM: Barbara Dacy, Community Development Director SUBJECT: Conduct Public Hea�ing on Proposed Fair Housing Ordinance The City must adopt a fair housing ordinance as a result of the settlement agreement with the Sylvan Oaks Tenant Association. An ordinance has been prepared by Fritz Knaak, Ciiy Attorney, and Jodee Kozlak, Greene Espel, who represented the City in the settlement agreement with the Sylvan Oaks Tenants Association. The proposed ordinance incorporates/adopts by reference the substantive standards of both the Federal Fair Housing Act and the Minnesota Human Rights Act. The ordinance also recommends that the enforcement of these provisions be referred to the administrative agency already in place (local office of the Minnesota Department of Human Rights). The ordinance refers to specific statute sections of the Minnesota Human Rights Act as the fair housing standards for the City. In summary, the statute states that it is unlawful for an owner, leasee, subleasee, assignee, or managing agent to refuse to sell, rent, or lease housing from any person o� group of people because of their race, color, creed, religion, nationa! origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status. The ordinance has been reviewed by the Housing & Redevelopment Authority and recommended for approval by the Human Resources Commission and the Planning Commission. Recommendation Staff recommends that the City Council conduct the public hearing. First reading will be s�-iedu�ed for the November 4, 9 996 meeting. M-96-499 12.01 Notice is hereby given Fridley City Council at University Avenue N.E. for the purpose of: PUBLIC HEARING BEFORE THE CITY COUNCIL that there will be a public hearing the Fridley Municipal Center, 6431 on Monday, October 28, 1996 at 7:30 Consideration of an ordinance of the City of Fridley, Minnesota, amending the City Code to include a new Chapter 221, entitled "Fair Housing Practices", incorporating by reference certain provisions of Minnesota Statutes, Chapter 363 and 42 U.S.C. Sections 3601-3631, Title VIII of the Civil Rights Act, also known as the Federal Fair Housing Act, for the purpose of prohibiting or restricting certain practices within the City of Fridley as they relate to the sale, leasing, and rental of real estate. The City Council of the City of Fridley, Minnesota hereby ordains: That a new section of the City Code of the City of Fridley is enacted and will read as follows: 221. FAIR HOUSING PRACTICES 221.01. STATEMENT OF POLICY: FAIR HOUSING of the p.m. 1. It Zs the policy of the City of Fridley to promote and comply fully with the provisions of the Federal Fair Housing Act, also known as Title VII of the Civil Rights Act of 1968, as well as the provisions of the Minnesota Human Rights Act as they relate to the sale, rental, or leasing of real estate within the boundaries of that City. 2. The City of Fridley has determined that it is in the best interests of its citizens to expressly provide in its own City Code those provisions of law which provide for protection of rights in obtaining, by purchase or rental, adequate housing without fear of unlawful discrimination. The provision for these rights in the City Code, and their enforcement and protection, is done with the intention of supplementing and amplifying, and not in any way reducing or restricting, the rights already provided under existing State and Federal law. 12.02 Fair Housing Practices Page 2 221.02. ADOPTION OF MINNESOTA FAIR HOUSING STANDARDS 1. Except as may otherwise be qualified or expressly modified by these provisions, Minnesota Statutes Section 363.03, subdivisions 2 and 2a, one copy of which is on file in the office of the City Clerk of the City of Fridley, Minnesota, is hereby adopted as the Fair Housing Standards Ordinance of the City of Fridley, Minnesota. Any act defined as discrimination or discriminatory, within the meaning of those provisions, that occurs in the City of Fridley will be a violation of this ordinance. 221.03. PENALTIES 1. Any discriminatory act occurring in the City of Fridley in violation of the provisions of this ordinance shall be a misdemeanor, punishable by fine of up to 90 days and $700 for each occurrence. 2. Nothing in these provisions shall in any way limit or restrict any person aggrieved by a discriminatory act governed by the provisions of this ordinance from seeking such additional remedies as may be available and provided under either applicable State or Federal law. 221.04. ENFORCEMENT 1. All criminal charges brought under these provisions shall be by a sworn, written complaint. 2. In all instances in which an allegation of a violation of this Title is brought to the attention of the City, the City may, in its discretion, investigate the matter utilizing its own staff and personnel, or defer the matter to the personnel of the State of Minnesota where an investigation is to occur under the relevant fair housing provisions of the Minnesota Human Rights Act. In any case in which State personnel are utilized for purposes of investigation of any alleged violation of the relevant provisions of the Minnesota Human Rights Act, those personnel shall have full authority to charge and prosecute violations of the City's Fair Housing Code on behalf of the City of Fridley in addition to any other remedies and penalties as may be available to them under State law. 12.03 Fair Housing Practices Page 3 Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Community Development Department at 572-3590. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 21, 1996. Publish: October 17, 1996 October 24, 1996 12.04 WILLIAM J. NEE MAYOR �!`;UO2/0 ' GREENE ESPEI IVIEMORANDUM PROF[SSIOYAI LIM17Eb 1.1A61UTY PAATNEpSMIv $uttE 1700 333 SouTN SEvPN7H STftE£T MWHESU'ous. MINNESOTq 65402 (6121 373-U830 FnX (6i21373-0929 To: Barbara Dacy From: Jodee Kozlak Date: June 19, 1996 Re: Ordinance Our File No: 2043.122 The City and HRA committed to enacting a fair housing ordinance last year as one method to affirmatively further fair housing. This memo will overview some of the City's options for its fair housing ordinance and recommend an approach. The two main statutes which p�ovide a benchmark for Fridiey's consideration of a fair housing ordinance are the fecteral Fair Housin� Act {"FF'1R") and the Minnesota Human Rights Act ("MHRA"). i . Protected Ciass�- The FHA prohibits discriminatory housing practices based fln race, color, religion, national origin, sex, familial status and disability. The MHRA provides the same prQ�ection as the federa! FHA, along with protection to those discriminated against on the basis of their creed, marital status, status with regard to public assistance, a�d sexuai o�ientation_ The prohibition of discrimination against families with children does not apply to statutor;ly defined se�ior citizen housi�g_ 2_ U�lawful housinq practi�es: Things considered unlawful practices under the FHA and MHRA inciude: 1. Refusing to negotiate #or the sale, lease or renta! of a dwelling or otherwise make it u�available. 2_ Discriminating in the terms, conditions, or privileges of sale, (ease or rental of a dwelling, or in the provision ofi services or facilities. 3. Making, printing or publishing any statement or advertisement that indicates any preference, limitation, or discrimination or an intention to make any such prefe�ence, limitation or discrimination_ 12.05 4. Misrepresenting the availability of a dwelli�g ior inspection, sale �r rental. 5- Blockbusting or attempting to blockbust for profit. Blockbusting is the intentional segregation of a neighborhood by inducing sales or �entals by making representations of an imminent racial turnover of the neighborhood or block. 6_ Specific conduct with respect to disabilities, such as refusing to make reasonable accommodations and failing to design and cons�ruct new dwellings to make them fully accessible_ 7_ Engaging in discriminatory real estate related transactions (directed at real estate brokers, salespeople, or their employees or agents)_ 8_ Denying access to MLS service or similar service_ 9. lnteffering wiLh any right provided under the FHA or MHRA. 10_ Engaging in discriminatory lending practices {�irected at banks. mortgage companies, insurance companies, or financial institutionsj_ 3. Enforcement Mechanisms: Both the federal FHA and MHRA provide some enforcem2nt mechanisms tv ensure compliance with the law. The Oepartment of Housing and Urban Development ("HUD"j has responsibility to administer and enforce the �ederaf FHA_ H1i0 is required to refer complaints to the enfo�cement agency of the state where the discriminatory practice occurred if that agency is certified as having equivalent state iaws �such as M,innesata)_ - The Minnesota Depattment of Human Rights has responsibility to administer and enforce the MHRA_ (� addition, an aggrieved person can file a civii action within on year of the aliegedly discriminatory housing practice. The Minnesota Department of Human Rights has a complaint intake process, subpoena power, recordkeeping requirements, public hea�ings, a mechanism for.mandatory enfiorcement, provision for injunctive �elief, provision of attorneys' fees to complainants, and opportunities for damages. Violation of the state fair housing law is considered a misdemeanor_ 4. Recommendation Fridley can incorpo�ate into an ordinance aif ot the substant+ve standards tor tair housing provided in the Minnesota Human Rights Act, the Federal Fair Housing Act, 2 12.06 both or neither. Rather tha� electing coverage on a piecemea! basis, we recommend the Council incorporate in total substantive standards provided in boih the Minnesota Human Rights Act or the Federal Fai� Housing Act_ Fridley can estabiish its own investigative and enforcement mechanism or it can rely upon the Department of Human Rights to investigate and enforce comptaints. 8ecause Fridley has limited resou�ces, we recommend that the City utilize the state's administrative and enforcement process �ather than develop its own separate process_ The state already has investigators trained in #air housing issues a�d it has an established administrative p�ocess fio� resolving complaints. We �ecommend that the Community Development department be given spec�c authority to direct complainants to the state department for assistance. 3 12.07 ;c,i.ni ui:r:�ur,i�.�rc�F �it'�t:�� uictir, � restructunng, ntodified work sctiedules, rcassiGnment to a.acant position, acquisitip7� c�r modificaUOn of cquipmcnt or dc��iccs, and tht pro.�ision of aidcs on a icmporary or periodic basis. In dctcrmining whcthcr an accommodation �tould imposc an unduc t�ardship on ttic operation of a business or organization, factors to be considered includc: (a) thc ovcrall size of thc busincss or organization �vith respcct to number of crnployces or mcmbers and thc numbcr and typc of facilities; (b) the type of the operation, including the composition and structure of the work force, and the number ofemployees at the location where the employment would occur; (c) the naiure and cosi of ihe needed accommodation; (d) the reasonable ability to finance the accommodation at each site of business; and (e) documented good faith efForts to explore less restrictive or less expensive alter- natives, including consultation wiih the disabled person or with knowledgeabie dis- abled persons or organizations_ A prospective employer need noi pay for an accommodation for a job applicant if it is available from an alternative source without cost to the employer or applicant. Subd. I a. Disclosure of inedicai information. If any health care records or medicai information adversely affects any hiring, firing, or promotional decision concerning an applicant or employee, the employer must notify the affected party of that'information within t days of the final decision. Su d. 2_ Real�pro , t is an unfair discriminatory practice: - or an owner, essee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these: (a) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group of persons any rea( property because of race, color, creed, religion, national origin, sex, maritai status, status wilh regard to public assistance, disability, sexual ori- entation, or familial status; or - _ (b) to discriminate against any person or group of persons because of race, colpr, cre�d, religion, national origin, sex, marital status, status with=regard°to publie assis- r tance; disability, sexual orientation, or familial status in the ternis, conditions or privi- leges of the sale, rental or lease of any real property or in the furnishing of facilities or -`� services in connection therewith, except that nothing in this ciause shall be construed =� �:: to prohibit the adoption of reasonable rules intended to prorect the safety of minors �``� in their use of the real properiy or any �acilities or services furnished in connection therewith; or (c) in any transaction involving real property, to pnnt, circulate or post or cause �:`;': to be printed, circulated, or posted any advertisement or sign, or use any form ofappli=`�:,'=-�: cation for the purchase, rental or lease of real property, or make any record or inquiry',,=�? in connection with the prospective purchase, rental, or lease of real property .which :��`:1 expresses, directiy or indirectly, any limitation, specification, or discrimination as.to ��;=�;; race, color, creed, religion, national origin, sex, marital status, siatus with regard topu�;�'°: ;j=F lic assistance, disabiiity, sexual orientation, or familial status, or any intent to make.any ��: ;;` such limitation, specification, or discrimination except that nothing in this ciause sha11 -=��:�` be construed to prohibit the advertisement of a dwelling unit as available to adults-onl ` n� � if the person placing the advertisement reasonably believes that the provisions of tliis ��';� subdivision prohibiting discrimination because of familial status do nof apply to .the;:;�:�� dwelling unit. _ � (2) For a real estate broker, real estate salesperson, or em�]oyee, or agent_ihereof.; ;rT %� (a) to refuse to sell, rent, or lease or to offer for sale, rental, or lease an real ro -�` � ert io an Y P_.P-� � Y y person or group of persons or to negotiate for the sale, rental, or lease of;:�: any real property to an .� �:: y person or gronp of persons because of race, color, �creed,<reh�� gion, national origin, sex, marita! status, statas with regard to public assistance;'ijisabil=`° ity, sexual orientation, or familial status or represent that real property is �not available,�.,; 12.08 ,__.:��ti� � �� DEPARTME[YT OF I�UMAN RIGf {ll 1(3.01 for inspection, sale, rental, or Icasc w}�cn in fact it is so available, or othecwise deny or withhold any real property or any facilitics of real property to or from any persou or group of persons because of race, color, creed, religion, national origin, sex, marital sta- tus, status with regard to public assistarice, disability, sexual orientation, or familial sta- tus; or (b) to discriminatc against any person because'of race, color, creed, rcligion, national origin, sex, marital status, status with regard to pubiic assistance, disability, sexual orientation, or familial status in the terms, conditions or privileges of the salc, cental or lease of rea( property or in the furnishingoffacilities orsecvices in connection therewith; or (c} to print, circulate, or post or cause to be printed, circulated, or postcd an�� advertisement or sign, or use ariy form of application for the purchase, rental, or leas� of any real property or make an}� record or inquiry in connection with the prospecttve purchase, rental or lease of any real property, which expresses directly or indirectly, a�� limitation, specification or discri�iiination as to raee, eolor, creed, religion, national or�- gin, sex, marital status, status with regard to public assistance, disability, sexual onerita- tion, or familiat status or any intent to make any such limitation, specificat�on, o� discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably bclicvcs that the provisions of this subdivision prohibiti:�,; discrimination because of familial status do not apply to the dwelling unit. (3) For a person, bank, ban};ing organization, mortgage company, insurance ce.:;- pany, or other financiai institution or lender to whom application is made for financ�a, assistance for the purchase,_lcase, acquisitio�, �cQns�ruction, rehabilitattan, repa�r o: main ance of any ieal propeny or an�� agent or'employee thereof - _ �to discriminaie against any person or group ofpersons because of racc, color. creed, religion, national origin� sex, maritai status, status with regard to gublic assis- :ance, disability, sexual orientation, or familial status of the person or group of persons or of the prospective occupants or tenzats of the r�al prope�y in the granting, withhold- ing, extending, modifying or rene"�ing, or in the rates, terms, condiiions, flr pnvilege� of the financial assistance or in the extension of services in connection there�yith; o� (b) to use any form of application for the financial assistance or make any record or inquiry in connection �vith applications for the financial assistance which expresses, directly or indirectly,.any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public ass�s- tance, disability, sexual orientation, or familial status or any intent to make anv suci; iimitation, specification, oc discrimination; or (c) to discriminate against an�� person or group of persons who desire to purchase, lease, acquire, construct, ret�abilitate, repair, or maintain real property in a speci}ic urban or rural area or any part thereof solely because of the sociai, economic, or en�•�- ronmental conditions of the arca in the granting, withholding, extending, modifying, or renewing, or in the ratcs, terrns, conditions,,or privileges of the financial assistance or in the extension of services in connectiori iherewit�h. (4) For any real estate broker or real estate salesperson, for the purpose of induc�n� a real properiy transaction 1�rom which the person, the person's fircn, or any of its meni- bers may benefit financially, to rcpresent that a change has occurred or wi11 or m:'� occur in the composition ��ith respect ta race, creed, color, national origin, sex, rnar�t:�! status, status with rebard to public assistance, sexual orientation, or disabilit�� of tl�c owners or occupants in �1�e block, nciPhborliood, or area in which the rcal l�rot�cr"t>" :�; located, and to represcnt, <iircctly or indircctly, that this changc will or ma;: rc'�;�ilt ;:� undesirabie consequcnccs i+� thc hloc+:_ ��cight�orhood, or area in ��hich thc rc:i� (>t��i'� erty is lOCa1Cd, inciudin� t>�it n��i liniiicd to thc lo��•enng ofproperly valucs, :!r� i>>�-� �� ;; �. in crti� 1 or ai�tisocial brl�:��i<�r, ��r a dcclinc in thc quality of schools or oil�cr �� lic facil9r.cs. �S� �Of I� j)CrSOn i(� c1C>>�' 1��1 : iiti CqU:tl :ICCCSS 10 il'8� �SOpCrty �CO�"SClCC1 1��, ii; !::� . sCCtion to a person ��-I�i� ��; tutall�� rr pa�ti:�ll�� blind. dcaf. or has a pt�vsic:�l c�� •��'� �� 12.09 °'� 3G_1.01 DEPAR"I�AtEKI'OF I{U:�1:1\ RIG11lS I 19S disability and who uscs a scrvicc animal, if tiic scrvicc animal can bc properly idecitificd as bcing from a recognized program which trains ser��ice animals to aid persons who are totally or paRially blind or dcaf or havc physical or sensory disabilities. Thc person may not bc required to pay extra compcnsation for thc service animal but is liable for damagc done to the premises by the scrvice animal. (6) For a person to coerce, intimidate, threaten, or interfere with a person in the . exercise or enjoyment of, or on account of that person having exercised or enjoyed, or ; on account of that person having aided or encouraged a third person in the exercise or enjoyment of, any right granted or protected by this subdivision. ' Notwithstanding the provisions of any law, ordinance, or home rule charter to the conirary, no person shall be deemed.to have committed an unfair discriminato.ry prao- tice based upon age if the unfair discriminatory practice alleged is attempted or accom- ' plished for the purpose of obtaining or maintaining one of the exemptions provided for a in secti n 363.02 subdivision 2. Subd. 2a. Real property; disability discriminati (a) For purposes of subdivision 2, discnmination inc u es: (1) a refusal to permit, at the expense of the disabied person, reasonable modifica- tions of existing premises occupied or to be occupied by the disabled person if modifi- cations may be necessary to af%rd the disabied person full enjoyment of ihe premises; a landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, excluding reasonable wear and tear; � (2) 'a refusal to make reasonable accommodations in rules, policies, practices, or . services, when accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling; or - {3) in connection with the design and construction of covered multifamily dwell- ings for firsi occupancy after March I 3, 1991, a failure to design and construct those dwellings in a manner that_ (i) .the-�ublic_;use and common:use poriions are rezdily accessible to and usable by a disaYiled person; � � =:'� � - � ; (ii) all the doors designed to allow passage into and within all premises are suffi- cientty wide to allow passage by disabled persons in wheelchairs; and �_ (iii) all premises contain the follor��ing features of adaptive design: an accessibie route into and through the dwelling; Iight switches, electrical outlets, thetmostats, and - other environmentai con.rols in accessible locations; reinforcements in bathroom walls - to allow later installation of grab bars; and usabie l�stchens and bathrooms so that an individual in a wheelchair can maneuver about the space. . (b) As used in this subdivision, the term"`covered multifamily dwellings" means: - (1) a building consisting of four or more units if the building has one or more ele- i vators; and . (2) ground floor units in other buildings consisting of four or more units. (c) This subdivision does not invalidate or limit any law of the state or politicai � subdivision of the state, or other jurisdiction in which this subdivision_applies, thai :__ ' requires dwellings to be designed and constructed in a manner that affords disabled per- =-. ;:�� _ sons greater access than is required by this subdivision. _- (d) This subdivision does not require that a dwelling be made available to an indi- •�=`%�_�-_=: vidual whose tenancy would constitute a direct threat to t e health or Safety of.other _,'� : individuals or whose tenancy would result in substantial ��ysical damageto the`prop- ��.�. ; v:�r ��;,:-< eRy of others. ��y : Subd. 3. Public accommbdations. (a) It is an unfair discriminatory practice: ,Y;. : (1) to deny any person the full and c ual en'o ment of the oods services, facili- ;<. �` ` Q J Y $ � .: _r�� : �'• iies, privileges, advaniages, and accommodations of a place of public accommodation :'a ��-;�:: -.�ir�.:z . because of race, color, creed, religion, disability, national origin, marital status, sexual ;�°;;.��;,��;_ orieniation, or sex, or for a taxicab company to discriminate in the access to, full utiliza- :�: ��'�:; . ,�:-__. . l :,. i :s. tion of, or benefit from service because of a person's disability; or ;;:;;j3��;�_ �� JA �A MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 24, 1996 TO: Wiiliam Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SIJBJECT: Conduct Public Hearing for Changes to Meet Minnesota Statu#e 1�99, "60 Day Agency Action Lav�'; Chapter 205, "Zoning°, and Chapter 211, "Subdivision" The Planning Commission conducted a public hearing regarding the proposed changes to Chapte� 205, entitled "Zoning", which wip a��ow the City to comply with the 60 day agency action law at its October 2, 1996 meeting_ The Commission also reviewed, but did not conduct, a public hearing on changes to Chapter 211, entitled "Subdivision", and the City Charter. The Commission voted unanimously to recommend approval of the p�oposed staff changes to these chapters to the City Council. Recommendation The City Council established October 28, 1996 as the date of the public hearing for these chapters. Staff recommends that the City Council co�duct the public hearing. MM/dw M-96-502 13.01 ZONING AMENDMENT FOR COMPLIANCE WITH MN STATUTE 15.99 "60 DAY AGENCY ACTION LAW" iumaer: eviewer: M DESCRIPTION OF REQUEST: In 1995, the Minnesota Legislature adopted Minnesota Statute 15.99 requiring all agency approval processes to be completed within 60 days. Failure to act on an application within 60 days would constitute automatic approval of the request. The regulating agency, with written notification and findings of fact, may extend the review time an additional 60 days. A five member task force comprised of staff and C�ty Council members analyzed the City's approval processes and made recommendations as to how they could be streamlined to comply with the Statute. This Zoning Amendment will bring the City's processes into compliance with the Statute. SUMMARY OF tSSUES: Chapter 205 Affected by the proposed amendment is Section 205.05.02-08 of the Zoning Code. These sections pertain to Zoning Administration. Language changes include requiring the Planning Commission to act on an application within 40 as opposed to 60 days of receipt of an application, establishment of a process to vacate streets and easements, and requiring application processes to comply with Statute 15.99. Chapter 211 Changes to Chapter 211, "Subdivisions", include clarifying language to define lot splits and plats, submission requirements for lot splits, conduction of a public hearing for lot splits before the Planning Commission, and establishment of a process for plats similar to that for rezonings. The ordinance change also establishes a separate final plat process. This will create consistency with all of the processes which reduce the likeiihood of errors. PLANNING COMMISSlON ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council. RECOMMENDED ACTIONS: Staff recommends that the City Council conduct the public hearing regarding changes to Chapters 205 and 211 to the City Council, and concur with the Planning Commission action 13.02 Staff Report 60 Day Agency Action Law Page 2 Description of Request The City is amending several sections of the Zoning Code regarding Zoning Administration (Sections 205.05.02-08). These amendments are a result of 1995 legislation (see attached MN Statute 15.99) requiring agencies to process applications within 60 days or they will be automatically approved. In addition to the Zoning Code changes, staff is also preparing changes to Chapter 211, titled "Subdivision", and there is a minor change to the City Charter regarding vacations. While the Commission is not required to conduct a public hearing regarding these additional changes, they are included in this report for the Commission's review and comment. Request History In May, the City Council established a task force to review the impact of the legislation on the City's land use processes. The task force was comprised of Councilmembers Billings and Bolkcom, and the Planning Staff. The task force met twice, at the end of May and beginning of June. The task force recommended a series of actions the Council should pursue to comply with the statute (see attached memo dated June 25, 1996). The task force began its work by �eviewing an analysis of calendar days for each {and use application processed by the Planning staff (see Attachment A). Of the 8 land use applications, only 4 comply with the statute. Subdivisions are allowed to exceed 60 days as there is a process established by statute which allows 120 days to process a subdivision application. From this analysis and a survey of other communities (Attachment B), the task force generated a series of recommendations to shorten the land use processes. Proposed Changes - Zoning Staff has prepared the language to amend Chapter 205 (see public hearing notice). In summary, the following changes are proposed: Section 2- Application Process Added language requires process to comply with MN Statute 15.99, notification of complete applications within 10 days, and establishment of official application receipt days. Staff is now required to notify petitianers in writing within ten days that applications are complete. 13.03 Staff Report 60 Day Agency Action Law Page 3 Section 4 - Zonina Amendments Section 5- Special Use Permits Section 7 - Vacations Amended language requires the Planning Commission to review applications within 40 days of their receipt, and to take action on the request. The public hearing notices will include the date of the City Council public hearing, as the City Council will conduct the public hearing and hold first reading of the ordinance on the same evening, within two weeks of the Planning Commission meeting. (See draft public hearing notice) To facilitate tabling items, the City Attorney has drafted standard language for use by the Commission and the Council which will comply with the Statute. As before, the amended language requires review by the Planning Commission within 40 days, and to take action the same evening. Additional language has been added at the request of the City Council which will allow the City to recoup some of its costs associated with the revocation of special use permits. This section is entirely new, as the current ordinance does not establish a method of processing vacation requests. The language establishes a process similar to that of a special use permit, with the Planning Commission conducting the public hearing_ The current method includes a public hearing by the City Council. The language also requires submission of a petition from the abutting property owners. 13.04 Staff Report 60 Day Agency Action Law Page 4 The changes in the language will not affect the way the Commission currentiy conducts its business. The proposed changes will eliminate a Council meeting to establish a public hea�ing on an item (staff will set the date of the public hearing), and the Council will typically act on an item the same night as the public hearing, if a hearing is required (rezoning and subdivision requests). If approved, staff proposes to implement these changes starting January 1997. To aid implementation of these changes, staff has prepared an application tracking form and submission requirements checklists. Training for support staff will occur to aid in implementation of the proposed ordinance and instru�t as to the proper use of forms. Proposed Changes - Subdivision While the Commission is not required to formally act on the proposed changes to the subdivision ordinance, staff is presenting the changes for informal discussion and comment since the Commission is the advisory body for plats and lot splits. The following changes are proposed: Section 4. Subd. 1- Lot Sqlits Section 4, Subd. 2- Plat and Repistered Land Survev Process Changes to this section include clarifying those parcels eligible fo� lot splits, requiring a Certificate of Su►vey as part of the application, establishing the number of days for review by the Planning Commission and the City Council. Changes to this section will establish a process similar to the zoning amendment process in that both the Planning Commission and the City Council will conduct public hearings. Staff would establish the date of the Council's public hearing and notify residents at the same time with the Planning Commission notices. Additionally, the changes establish a formal application process and fee fior the final plat. Minor changes also clarify those parcels eligible for plats. 13.05 Staff Report 60 Day Agency Action Law Page 5 Staff would like to discuss these changes with the Commission to clarify any questions and include any comments in the proposed changes. Proposed Changes - Charter In order to simplify the vacation process, the City Attorney has suggested a minor change to the City Charter. It is the attorney's opinion that the current method of vacating streets and easements may be in conflict witfi the Minnesota State Statutes (see attached opinion dated June 5, 1996). The Attorney indicates that the Statute allows vacations by resolution as opposed to ordinance as required under the City's Charter and the current practice. In addition, the City does not have a formal process established in the code for the vacation of streets and alleys. The ordinance amendment to Chapter 205 discussed earlier will help to clarify this. The City Attorney will present the proposed Charter amendment to the Charter Commission at its October 28, 1996 meeting. Staff would like to discuss these changes with the Commission to clarify any questions and include any comments in the proposed changes. Tabling of Items by the Commission and City Council Staff developed a standard motion for the Planning Commission and City Council to table an item in compliance with MN Statute 15.99 (attachment C). The City Attorney has reviewed this language and has approved it for use. Copies will be provided to the City Council for reference. Recommendation to the Planning Commission Staff recommends that the Commission discuss the proposed ordinance changes as discussed in the report and attached for Chapter 205, Chapter 211, and the City Charter, recommend changes, and recommend approval of the proposed changes to the City Council. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the proposed changes to the City Council. 7 3.06 Staff Report 60 Day Agency Action Law Page 6 City Council Recommendation Staff recommends that the City Council concur with the Commission action. 13.07 NEW LAND USE APPLICATION PROCESSES SUMMARY Land Use Appiication Commission Process Council Process T e Variance Appeals Commission reviews request; Council reviews and makes decision no public hearing, makes regarding request. recommendation to City Council. If R- 1 re uest, ma have final a roval. Special Use Planning Commission conducts public Council reviews and makes decision Permit hearing, makes recommendation to regarding request. Cit Council. Vacation Planning Commission conducts public Councii reviews and makes decision hearing, makes recommendation to regarding request. Resolution approved. Cit Council Lot Split Planning Commission conducts public Council reviews and makes decision hearing, makes recommendation to regarding request. Resoiution approved. Cit Council. Rezoning and Planning Commission conducts public Council conducts public hearing, makes Zoning Text hearing, makes recommendation to decision. Ordinance approved. Amendments City Council. Notice of hearing includes date of Council public hearin . Plats, Planning Commission conducts public Council conducts public hearing, makes Preliminary hearing, makes recommendation to decision. Resolution approved. City Council. Notice of hearing Applicant makes separate application for includes date of Council public final plat. hearin . Comprehensive Planning Commission conducts public Council conducts public hearing, makes Plan hearing, makes recommendation to decision. Resolution approved. Amendment City Council. Notice of hearing includes date of Council public hearin . Wetland Planning Commission conducts public Council reviews and makes decision Replacement hearing, makes recommendation to regarding request. Resolution approved. Plan City Council. 13.08 Article 18 DEADUNE FOR AGENCY ACTION Section 1. (15.99j [TIME DEADLINE FOR AGENCY ACTION.] Subdivision 1. [DEFINITION.] For purposes of this section, "agency" means a depa�tment, agency, board, commission, o� other group in the execuiive branch of state government; a statutory or home rule charter city, county, town , or school district; any metropolitan agency or regional entity; and any other political subdivision of the state. Subdivision 2. [DEADLINE FOR RESPONSE.j Except as othennrise provided in this section and notwithstanding any other law to the coratrary, an agency must approve or deny within 60 days a written request relating to zoning, septic systems, o� expansion of the metropolitan urban service area fo� a permit, license, or other governmental app�oval of an action_ Failure of an agency to deny a request within 60 days is approval of the request. If an agency denies the request, it must state in writing the reasons for the denial at the time that it denies the request. Subdivision 3. [APPLICATION; EXTENSIONS.) (a) The time limit in subdivision 2 begins upon the agency's receipt of a written request containing ali information required by law or by a previously adopted rule, ordinance, or policy of the agency. If an agency �eceives a written request that does not contain all required information, the 60-day limit starts over only if the agency sends notice within ten business days of receipt of the request telling the requester what information is missing. (b) If an action relating to zoning, septic systems, or expansion of the metropolitan urban service area requires the approval of more than one state agency in the executive branch, the 60-day period in subdivision 2 begins to run for all executive branch agencies on the day a request containing all required information is received by one state age�cy. The agency receiving the request must fonrvard copies to other state agencies whose approval is required_ , .. (c) An agency response meets the 60-day time limit if the agency can document that the response was sent within 60 days of receipt of the written request. (d) The time limit in subdivision 2 is extended if a state statute, federal law, or cou�t order requires a process to occur before the agency acts on the request, and the time periods prescribed in the state statute, federal law, or court order make it impossible to act on the �equest within 60 days_ 1n cases described in this paragraph, the deadline is extended to 60 days after completion of the last p�ocess required in the applicable statute, law, or order. Final approval of an agency receiving a request is not conside�ed a p�ocess for purposes of this paragraph. (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state agency requires prior approval of a federai agency; or (2) an application submitted to a city, county, town, school district, metropolitan i or regional entity, or other political subdivision requires prior approvat of a state or federal agency. 1n cases described in this paragraph, the deadline for agency action is extended to 60 days after the required prior approval is granted. (fl An agency may extend the timeline under this subdivision before the end of the initial 60-day period by providing written notice of the extensian to the appticant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. Section 2. 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C � �� U 0 •� � � p� fl..0 � .0 Q. -p +' " "O p O 'U v � `'' � O p �"� vi �'Y 7 p�p�7-f1.� C-�p cUC V y 3 � 0 3 c o 0� o a o °�-O +� �.c bn c 'o =' c �, � •�„ � ' ao °' 'v °�,' ,° o n, c• p • ce .� �3 c i: � p,� o o. � v, o� :i N �, � -c' - �a. " °r �•c 0 � o a� Cd °u s°. � v v� .°o � � a�i °' ¢� a. 3 0. � ° °: -`�a � � a ° o -rs °? o � o ° Y � � �, � � �° o0 c � � ao � o�.-. � .c � -o � ,� s� � y ' � �' ``" _ �3 � ,; a�i� °? -fl .- >' �' � � 3 ai � � �„ �„ . � .v � � � � ° Ll. � o C v' rn ,., V`'� T �� L .L„^ „� a� � y O cd bn v�i y�.� N V] � � C.' V't1 Qj w �` �v �p � � C N V cy � �� O �n � O OQ ` �'+ � �U �' O �' � 'O � cC C � U .� � 'D vi � v' � -C � '�7 vi ''�"� C ' � �' C ^: O p N O�� C O� N� ai � N� N A�o � U v �� ,'� � >+ ci. U o , o. 3 s„ -- - o e� i� � � � .� U � O� p' �� N� N'9 O td 'C � � C •'n (� '� N � a�.. C� '� 3 �u .L �� O '� .0 ,O -C �i.?� 't7 'n N C h ,N ,� � d .D w tO � O E 'D � •� �"' � � � S N .D � •cV � .`�: bA C � iC � U� �+ V U'� C' W � � .C, L�' � � ❑ c�"3 � .t1. p � � ' O O a U a z �.� U��i. �.� a. �C � z � o o� x�, W � a� 0o c� � a � �° W � � O � � M � � '^� O ��. �, �� 3� � �N.� °W° r � w� � oo � .�o � �� z�w �� .�� 13.14 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, Oatober 28, 1996 for the purpose of: Consideration of an amendment to the City Code, Chapter 205, entitled, "Zoning", by adding Section 205.05.02, 'Application Processes', amending Sections 205.05.03, 205.05.04, adding Section 205.05.07, 'Vacations', and renumbering consecutive sections where appropriate. 2. APPLICATION PROCESS Any applications submitted for land use-related matters, including, but not limited to, variances, special use permits, requests for rezoning, plan and subdivision approval, shall only be submitted in the manner provided in this Code. Any written reguest or submission for a�plication not submitted in the manner prescribed under this Code shall not be deemed "complete". At the first meeting of each year, or as soon after as practicable, the City Council shall establish dates for the following year on which completed application will be accepted. No application is complete or mav be accepted on any date other than those established b� the Council for submission. When a written request or initial application is received by the City, the Citv shall, within ten days of its receipt. notify the person making the written recLuest or submission if it is not comQlete. If such a notification is sent, it shall contain a list of those items necessarv to complete the recruest or submission. No tieriod for agency action specified in Minnesota Statutes Section 15.99 shall commence until a complete application is submitted to the City, including anv items specified in the notice from the City as the basis for a determination of incompleteness. The City expressly reserves the right to extend, with written notice, the period for action under Minnesota Statutes Section 15.9� for a neriod of up to 60 days beyond the deadline specified therein. if the Citv or its staff find that additional time is reasonably necessary to process and review the submission. An extension beyond 60 days may be provided with the consent of the person or persons submittinq the application or reguest. 13.15 60 Day Notice Page 2 J� _ _ " . ' . � _ _ _ ' ' _ ' _ ' _ ' _ ' _ _ _ • • J� _ ' � _ ' _ ' _ '`.; � � ' J� � � ' � � ' ' ' ' ' ' � ' ' ' ' ' ' ' ' ' ' ' ' _ ' ��i�=��.��' iii�� ' ' • ' ' J� � ' ' ' ' ' ' _ ' ' ' ��e� � ' ' ' � ��=�� ' � " ' . j� � � " " _ J� � � " � ' � ' ' ' _� j: ' ' _ ' ' ' ' ' ' ' ' ' ' ' � � J� � ' _ _ ' ' ' � � � � � � ' ' _ ' � � J � ' � ' ' _ ' � ' � J� ' ' _ ' ' ' ' ' � ' ' ' ' ' ' ' � ' ' ' � ' ' ' ' �.3 ANNEXATION �.4 AMENDMENT TO THE ZONING ORDINANCE The Council, by a four-fifths (4/5ths) vote, may adopt amendments to this Chapter as required. The procedure shali be as follows: A. Initiation For Amendment. (1) Any person owning real estate may petition the City Council to amend the district boundaries so as to affect the real estate. (2) The City Council or the Planning Commission may, upon their own motion, initiate a request to amend the text or the districting map of this Chapter. B. Application For Amendment. All petitions for amendments shall be filed with the City on forms provided by the City together with such filing fee as may be established by the City Council. C. Referral To The Planning Commission. All petitions for amendments shall be Planning Commission which shall hold hearing within forty (40� of filing such petition. 13.16 referred to the an official public days of the date 60 Day Notice Page 3 D. Hearing. A notice of hearing shall be published in the official newspaper at least ten (10) days, but not more than thirty (30) days, prior to the date of the hearing. The notice shall contain the dates of the public hearing before both the Planninq Commission and the City Council. E. Action By The Planning Commission. (1) If the request is for district change, notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within 350 feet of the parcel of land included in the request. The notice shall contain the dates of the public hearing before both the Planninq Commission and the City Council. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (2) The Planning Commission shall make its recommendation to the City Council on the night of the public hearing. In the event that no action can be taken by the Planning Commission because of the absence of available information or, in its '�udgment, and inadeguate period of time has elapsed to fullv examine or study the application or other submission, the period of time for the action by the City shall be, for purposes of Minnesota Statutes Section 15.99, be immediatelv extended for an additional sixty (60) days, or such lesser time as the City may, in its discretion, deem reasonable under the circumstances, and the person or persons makina the application or other submission shall be immediately notified of the extension in writing. ei��a�3=e--��-'�ren-=.'rrt�i��'a'��a�s�.�-=�aiz�ir�3e Rei£� �e e�e�e�ee-t�gr-I; '-�-= �,�_'- =^=}_=- � �ab�e�—��e--pe�i�r �e.. .... _......_a e�e�i�a��e-��I�i�ese�t-�S�t-�t-�t�e-�3��—�: �'-�� e�-g�a�r�e�-t�apg�-re�o-�r��e�-�eq�ee� . F. Action By The City Council. 13.17 60 Day Notice Page 4 ._ -- -- --- - - - - -- � - -- - -- - - - - • - - - - - --- . {�-}—� All petitions for amendments shall be forwarded to the City Council from the Planning Commission. The City Council shall hold an official public hearing at the next available meeting following the Planning Commission public hearing, with adequate time given to prepare the minutes of the hearing, and follow the process for approval of an ordinance as required under the Fridley City Charter. In no case shall this exceed sixty (60) days either from the date of the receipt of the completed application or submission, unless extended by the Planninq Commission, and in that case no later than the petitioner. f3} � If the request is for a district change, notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within 350 feet of the parcel of land included in the request. The notice shali contain the dates of the public hearings before both the Planning Commission and the City Council. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. �.5. SPECIAL USE PERMIT A. Purpose. The purpose of this Section is to provide the City of Fridley with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination the City may consider the nature of the land upon which the use is to be located, the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on. any adjoining roads, and all such other factors as the City shall reasonably deem a requisite of consideration in determining the effect of such use. For the purpose of recording, the terms Special Use Permit and Conditional Use Permit shall be said to mean one and the same pursuant to M.S.A. Section 462.3595, Subdivision 4. 13.78 60 Day Notice Page 5 B. Application. Whenever this Chapter requires a Special Use Permit, application in writing must be filed with the City tagether with such filing fee as may be established the City Council and shall be accompanied by a site plan or other documentation as required by the City. C. Referral To The Planning Commission. an by The application and related file shall be referred to the Planning Commission for study concerning the effect of the proposed use on the Comprehensive Plan and on the character and development of the neighborhood. The Planning Commission shall hold an official public hearing within forty ( 40 )��i�{-6�}- days of the date of filing such petition. D. Hearing. A notice of public hearing shall be published in the official newspaper at least ten (10) days but not more than thirty (30) days prior to the date of the hearing. E. Action By The Planning Commission. (1) Notices shall be mailed ta all owners of property within 350 feet of the parcel included in the request not less than ten (10) days nor more than thirty (30) days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (Ref. 1026) (2) The Commission shall make its recommendation to the City Council on the night of the public hearinq, except as otherwise provided herein.�-� �a��-e ae�t-}e�-�i��, a.,.. ..�.'t�-��e-�=�e�� a .. � _�.�„ �.. ..,...�a }s-�ab�-e��e-:�.-�-i�rem.~ -- �� e��e�s-t-�e-�-ba��e}-E��+a-i:ss-ie- � �'�:.. g�a�-�ee�--a��-�e-ag}�-�-�� ..... = _-- _�.�`� - - �,....... _ ��__- - F. Council Action. 13.19 60 Day Notice Page 6 (1) The City Council shall consider applications for Special Use Permits at the next available meeting followinq the Planning Commission public hearing, with adectuate time given to prepare the minutes of the hearinq.. In no case shall this exceed sixty (60) days from the receipt of the completed apQlication unless otherwise extended, with written notice to the applicant for up to sixty additional days, or as otherwise consented to in writing bY the Petitioner. � -- -- -.... -- -- -- ------ -- - - -- {�}�2, Approval: In considering applications for Special Use Permits under this Code, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety and general welfare of occupants of surrounding lands,.existing and anticipated traffic conditions and the effect on values of property in the surrounding area. If it is determined that the proposed use wi11 not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazard, nor will seriously depreciate surrounding property values, and that the same is in harmony with the general purpose and intent of the Zoning Code, the City Council may grant such permit and may impose conditions and safeguards therein by a favorable vote of a majority of all members of the Council. -{-�}� Agreement: The City Council may require a written agreement, deposit of certified check or funds, a bond or other assurance of faithful obsexvance of conditions, the violation of which shall invalidate the permit and sha11 be considered a violation of this Chapter. -{3}j4� Denial: Special Use Permits may be denied by motion of the Council and such motion shall constitute that conditions required for approval do not exist. No application for a Special Use Permit which has been denied wholly or in part, shall be resubmitted for a period of six (6) months from 13.20 60 Day Notice Page 7 the date of said order of denial, except on new ground or new evidence or proof of changes of conditions found to be valid by the Planning Commission. G. Lapse Of A Special Use Permit By Non-Use. Whenever within one (1) year after granting a Special Use Permit, the recipient of the Special Use Permit shall not have commenced the work as required by the permit, then such permit shall become null and void unless a petition for an extension of time in which to complete the work is granted. Such extension shall be requested in writing and filed with the City at least twenty (20) days before the expiration of the original Special Use Permit. The request for extension shall state facts showing a good faith attempt to complete the work. Such petition shall be presented to the City Council for final action. H. Revocation of Special Use Permit. Failure to comply with any and all conditions and stipulations issued with a svecial use permit shall result in revocation of the special use permit. Revocation shall occur after a public hearina by the City Council and in compliance with Minnesota Statutes Chapter 462 All costs incurred bv the City durina the revocation process s�a�-� may be assessed to the property. §.6. VARIANCES 7. VACATIONS F::,•• ---- � � � _ � �`-s� � �i.r7�i�1 �TT��f� � � � � � � �1�i�f�i�Ti - � _ � � � � � � � =. � � � � � � � � -�L�l�i � � � � � � � � � � � � �f��! �t�f•l �� 13.21 60 Day Notice Page 8 A� Application. In order to vacate any right of way or easement, an application in writing must be filed with the City toqether with such filing fee as may be established by the City Council and shall be accompanied by a site plan or other documentation as required by the City. Documentation shall include a written petition signed by all property owners directly abuttinci the riqht of way or easement to be vacated, their agreement of the vacation request. C. Referral To The Planning Commission. The application and related file shall be referred to the Planning Commission for study concerning the effect of the vacation on the Comprehensive Plan and on the character and development of the neighborhood. The Planning Commission shall hold an official public hearing within forty (40) days of the date of filinq such petition. D. Hearina. A notice of public hearing shall be published in the official newspaper at least ten j10) days but not more than thirty (30) days prior to the date of the hearing. E. Action By The Planning Commission. {1) Notices shall be mailed to all owners of property within 350 feet of the parcel containing the easement, or the right of way to be vacated, not less than ten (10) days nor more than thirty t30) days prior to the hearinq. Failure of a property owner to receive notice shall not invalidate any such proceedinqs as set forth within this Chapter. (Ref. 1026� {2) The Commission shall make its recommendation to the City Council on the night of the public hearing, or table action =-' �'� a••� � � until the next regularly scheduled meeting. If the a„p,plication is tabled, zne--�e��ie�re�s��-a�e� �ay-�—i-�-�e�-�ra�t^�--�.: �t�i��e�o-t�&t-at-}t�e-��: the City may provide for an extension of no more than 60 days of the period for consideration of the application bv notifying the applicant of that 13.22 60 Day Notice Page 9 decision in writina. In no event shall anv extension beyond the additional sixty days be permitted absent the express written consent of the applicant. F. Council Action. 11) The City Council shall consider applications for Vacations at the next available meetinQ following the Planninq Commission public hearing, with adequate time given to prepare the minutes of the hearing. In no case shall this exceed sixty 160) days from the date of receipt of the competed application unless an additional period of time is established by the planninq commission or the council as necessary for further deliberation and the applicant is so notified in writing. In no event shall any such extension exceed a period sixty days beyond the original sixty day oeriod unless consented to by the petitioner in writing. The City Council shall follow such procedures as established by the City Charter for approval of vacation requests. 6:7 BUILDING PERMITS �-.8 CERTIFICATE OF OCCUPANCY $.9 ENFORCEMENT Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Community Development Department at 572-3593. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 21, 1996. Publish: October 17, 1996 October 24, 1996 13.23 WILLIAM J. NEE MAYOR �ttachment C PROPOSED LANG UA GE TO �'ABL� ITEMS IN COMPLIANCE WITH THE 60 DAY AC�'ION LA tiV "Motion, by , to table consideration of this item, , in order to ascertain the necessary information to fully examine and study the request, and to extend the review period for City Council action an additional 60 days, and to notify the petitioner in writing of the 60 day extension as soon as possible." 13.24 DRAFT PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there wiil be a pubiic hearing of the Fridley Plan�ing Commission in the Councii Chambers at the Fridley Municipai Cerrter, 6431 University Avenue N.E. on Wednesday, at 7:30 p.m. for the purpose of: Consideration of a , by to This item will be scheduled for review by the City Council at its meeting. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Community Development Department at 572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than _ Publish: 13.25 DIANE SAVAGE CHAI R PLANNING COMMISSION DRAFT PUBLIC HEARINGS BEFORE THE PLANNING COMMISSION AND THE CITY COUNCIL Notice is hereby given that there will be a pubiic hearing of the Fridley Planning Commission in the Council Chambers at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, at 7:30 p.m. for the purpose of: Consideration of a , by to There will also be a public hearing before the City Council on the above item on Monday, at 7:30 p.m. in the Council Chambers at the Fridley Municipal Center, 6431 University Avenue N.E. The City Council stro�gly encourages any and all persons desiring to be heard to state their testimony at the Planning Commission meeting stated above. Any and all persons desiring to be heard shall be given an opportunity at the above stated times and places. Any questions related to this item may be referred to the Community Development Department at 572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than seven days prior to each meeting. Publish: 13.26 DIANE SAVAGE CHAI R PLANNING COMMISSION Date Created: File Number: Summary of Request: Date Submitted: Application Deadline: (Official Receiving Date} 60 Day Action Date: DRAFT LAND USE APPLlCATION FILE CHECKLIST �� , understand that while my application was submitted for (applicant's name) review on , the application deadline is: , and the 60 day action window will not begin until I receive a letter stating that my application is complete. I also understand that the City may, at any time during the 60 day action window, in writing, notify me that the process will be extended an additional 60 days. (signed) (witnessed by receiver) Application Found Complete yes no Application Completion Notices Mailed: Scheduled Planning Commissio�: Scheduled Appeals Commission: Scheduled City Councit: 13.27 DRAFT SPECIAL USE PERMIT SUBMISSION CHECKLIST The following shall be the minimum submission requirements for requests to the Planning Commission. Applications will not be accepted if the following is not submitted: RESIDENTIAL ACCESSORY STRUCTURES: ITEM SUBMITTED RECEIVER'S COMPLETE INITIAIS 8 INITIALS DATE Scaled site plan of parcel indicating location of structure. Elevation of building and description of materials. Narrative of proposed use of building. ALL OTHER REQUESTS: ITEM SUBMITTED RECEIVER'S COMPLETE INITIAIS & INITIALS DATE Scaled site plan of parcel indicating proposed use or expansion. Elevation of building, all sides and description of materials. Grading/Drainage Plan "signed by a registered engineer "`drainage calculations *erosion control measures Landscape plan for al1 projects requiring a parking lot expasion of 4 or more spaces. *signed by a registered landscape architect Staff shail notify all applicants within 10 days of the application deadline if the application is complete or if additional information is required. 13.28 DRAFT SIGN REQUESTS: ITEM SUBMITTEO RECEIVER'S COMPLETE INITIALS 8 INITWILS DATE Drawing of proposed sign. Scaled site plan showing location of sign or building elevation if wall sign. Written response to Section 214.21.02.A- D Staff shall notify all applicants within 10 days of the application deadline if the application is complete or if additional information is required. 13.29 DRAFT VARIANCE SUBMISSION CHECKLIST The following sha(( be the minimum submission requirements for requests to the Appeals Commission. Applications will not be accepted if the following is not submitted: RESIDENTIAL REQUESTS: ITEM SUBMITTED RECEIVER'S COMPLETE INITIALS & INITIALS DATE Scaled site plan of parcel indicating location of structure. Elevation of building and description of materials. Written hardship statement & what alternatives applicant has considered. COMMERCIAL AND INDUSTRIAL REQUESTS: ITEM SUBMITTED RECEIVER'S COMP�ETE INITIALS 8 INITIALS OATE Scaled site plan of parcel indicating proposed use or expansion. Elevation of building, all sides and description of materials. Grading/Drainage Plan "signed by a registered engineer *drainage calculations `erosion control measures Landscape plan for all p�ojects requiring a parking lot expasion of 4 or more spaces. 'signed by a registered iandscape architect 13.30 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Mondap, Oatob�r 28, 1996 at 7:30 p.�t. for the purpose of: 211. SIIBDIVISION • (Ref. 75, 126, 168, 207, 229, 633, 667, 754, 1026) 211.01. PIIRP08E The regulations and provisions established by this Chapter are.. for the following purposes: 1. To establish standard procedures, requirements, and conditions for the preparation, submission and approval of land subdivisions within the City of Fridley. 2. To secure satisfactory conformity of such subdivisions to the land use, the major thoroughfare plan, the official map, zoning and other plans and chapters of this Code. 3. To assist the orderly, efficient, and integrated development of the City of Fridley. 4. To promote the health, safety and general welfare of the residents of the City of Fridley. 5. To guide the City in the performance of its functions and duties. 211.02. DEFINITIONS For the purpose of this Chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; and the word shall is mandatory and not discretionary. The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms wherever they occur in this Chapter are defined as follows: 1. Auditor's Subdivision. All lands formerly described by complicated metes and bounds descriptions where the Anoka County Auditor has simplified the description for tax purposes by assigning a lot number. i 3.31 Subdivision Ordinance Page 2 2. City. Any person duly appointed, authori2ed, delegated or otherwise given the official capacity to act as a representative or agent for the City of Fridley. 3. County Surveyor. The Anoka County Officers who examine or check plats or subdivisions prior to acceptance by the Registrar of Deeds for filing in Anoka County. 4. Lot. An existing division of land that can be conveyed without further subdivision. The term "lot" is generally interchangeable with the terms "parcel" or "tract". 5. Plat. A map, drawing or chart which graphically delineates the boundary of land parcels for the purpose of identification and record of title. The plat is a recorded legal document and must conform to all Minnesota State Laws. 6. Plat, Final. The final map, drawing or chart on which the subdivider's plan subdivision is presented to the City Council for approval and which, if approved, will be submitted to the County Registrar Deeds or Registrar of Titles. 7. Plat, Preliminary. of of A preliminary map, drawing or chart indicating the proposed layout of a subdivision to be submitted to the City Council for their consideration. 8. Registered Land Survey A District Court ordered survey of unplatted registered land which serves as a prerequisite for conveyance of any part thereof. 9. Subdivider. Any person, firm, corporation, partnership or association who causes land to be divided, platted or planned into a subdivision for such person or others. 13.32 Subdivision Ordinance Page 3 10. Subdivision. The separation of an area, parcel, or tract of land, under single ownership, into two (2) or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, or roads, for residential, commercial, industrial, or other use or any combination thereof, except those separations: A. Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; B. Creating cemetery lots; C. Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. 211.03. CONVEYANCE RE8TRICTIONB 1. No conveyance of land to which the regulations of this Chapter are applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after such regulations become effective. In addition, no land shall be conveyed if it is less than a whole parcel of land as charged in the tax lists unless it is approved or waived by the City. The foregoing provision does not apply to a conveyance if the land described: A. Was a separate parcel of record April 16, 1952, (date of adoption of subdivision regulations by the City), is not part of a contiguous development and conveyance will not result in a violation of Chapter 205 of the City Code, or B. Was the subject of a written agreement to convey entered into prior to April 21, 1961, or C. Was a separate parcel of not less than two and one-half (2 1/2) acres in area and 150 feet in width on January 1, 1966, or D. Was a separate parcel of not less than five (5) acres in area and 300 feet in width on July l, 1980, or E. Is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than five (5) acres in area or 300 feet in width, or 13.33 Subdivision Ordinance Page 4 F. Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. 2. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this Chapter, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this subdivision shall forfeit and pay to the City a penalty of not less than $100 for each lot or parcel so conveyed. The City may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. 211.04. SIIBDIVISIONS Hereafter all subdivisions of land as defined herein, made within the City of Fridley, shall be subject to and shall conform to these regulations and other applicable law and shall conform to the land use plan, the major thoroughfare plan, the official map, the Zoning Chapter and other City plans, ordinances, chapters and regulations. 1. Lot Split. Any existing lot, parcel or tract of land may be subdivided into two (2) or more parcels by means of a"lot split" when each parcel within the subdivision can be described as a simple fractional part of an existing City approved plat, Auditor's Subdivision, or Registered Land Survey. ��a=�s-�e�e€—�� wh' ^T-�-�=uaiire��. �es�Ti-�e�--as c�--s3i��-e--�€i�c"ie�=eii"'a-rpzrr�cr-Q�-ar�cr ��P � � ; ��es a-�e��e��-Qes e�g-��e�--��-�.-o�es��e ��s�-e€-a�g�-es ��--��ees as�e��--�es�g�=ans �e��e , , -€-�ve (��e�-�te��-e�s-e�-�a�e�e�s-��e�i-a�� e�e� e��e�s-=-� e�--;i�re� a-�eqttes�-€e�-�ez�� .,��e�e--E�y�e�-E�-=e�s��e-C��}�a-�w-it-�i � �e�t-�.#�ea��e�--c�€-��a�s�€e�� . A. Application Application for a lot split shall be made on forms furnished by the City and shall include a��v�� Certificate of Survev showing: � 3.34 Subdivision Ordinance Page 5 (1) scale and north arrow; (2) dimensions of the property; (3) names and locations of adjacent streets; (4) location of any existing structure; and, (5) any other information as may be necessary to determine if the lot split meets the intent and requirements of this Chapter. B. Review (1) The proposed lot split shall be informally heard by the Planning Commission within forty (40) days of the filing of an anplication for lot split. Notices shall be mailed to all owners of property within 350 feet of the parcel included in the request, not less than ten (10) days nor more than thirty (30) days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this chapter. (Ref. 1026) (2j After considering such things as adjacent land use, traffic patterns, zoning regulations, future development, plans for parks, bikeway/walkways, street extensions, and other criteria deemed pertinent, the Planning Commission shall recommend to the City Council either approval, with or without stipulations, or disapproval. (3) After review and recommendation by the Planning Commission, the application for lot split shall be informally heard by the City Council. The City Council shall approve or disapprove the request for the lot split within sixty (60) days_of receipt of the application. Whenever any lot split is to be made such subdivision can be made without further platting with approval of the CounciZ if the Council shall find that such subdivision facilitates and does not hinder the transfer and conveyance of the land; does not hinder the making of assessments and keeping of records connected_therewith: that it does not result in the less than is rectuired for purposes of construction of a buildina on such parcel under the zoninq laws and buildina requlations of the City; and that the to the land as mi ht be im osed u on a lat. Ref. 207 13.35 Subdivision Ordinance Page 6 ��e-�e�-�gi ��i�e�e�3�e�eee�g�ef t�= - =z_'_= =? ��e�e�,s�e�t�€re��e; t�i��..,._..., ,.�� ,_�� :, -=-='-�'�==-- a��e�g t-#e-�e��r��i��e�e a�e a�-�se�e�ar��es�� . . . � c� i,.a • a. L, s. ti. ,, a... ,.. i,. .., a a;,.. S�id��9 c�-rszu-wi-zrr-�-zzrrA�-$A�-5�1��0 C.� Certification and Recording (1) After final approval, a certified copy of the resolution approving the lot split a�� =e�� .. L N F L. 7 1 L. } L. .. �' F e€-S-��t�s�o�e��e-��ae�re��e ��e�e= a� shall be forwarded to the applicant. The lot split, together with a certified copy of the resolution a��^��ea�e�r-e�-��s" €e�, shall thereafter be recorded among the records of-the County within one hundred eighty (180) days after the date of the resolution, unless a longer period of time is granted and provided for recording at the time of approval. (2) A lot split not recorded within a period of one hundred eighty (180) days or the approved extension time, is deemed to be one that is not approved and such lot split is not entitled to be recorded; and the same shall not thereafter be recorded except and unless it is presented to the Planning Commission and Council and re-approved. E. Division of Taxes Any lot, parcel, or tract of parcel of land as charged in Council approval before there land that is less than a whole the tax lists must receive City is a division of taxes. . E9�iit�irl-��i^@ �'9iciii.Tr9�?"'nriTiir�i"c��S�ai�i—S '�m�rrlSt6ai €ae��a�es-a�-d�ees-�te�r��e�e�i�a�rs-f ��e �r e€-�ee�e��s-�e�ee�eaa }--�r....� }�. . • } a } � � c�rcr+T�it"i�---iz—cc6c9�r9 c �e��-t�re e�ea��e�r-e�a�ga��e�-{�tt�ri�-e�-�-i��ett� �� 13.36 Subdivision Ordinance Page 7 2. Plat and Registered Land Survey Process. A. Scope All subdivisions as defined in Section 211.02.10 shall be platted, excetit as allowed in Section 211 04 O1. _,-,��^ -�^� �a3"�@? : }L•:•• }L,E-91i�C�-i'�Fi9=Aia—cait�@ �E9�i'-��@�t?'3a�3m��r@ `'""'�' e€-a�--e�cis-t�rg �p�e�e�� , � � -�� a ,,, �. �r�e�. � �...�.a:. �s}e�-e�z�eg=s-�e�e�r��t��e��e � �ic�—Ii@�—i�iii�6=�ezr�^rc H9E 9�aiiEJi-Ea �i� �B�rcea ��-€e��i-i3-rlcys�-�e�s �e�re��e�s-�iaae�es-a�r� �: All subdivisions which create five (5) or more lots or parcels which are 2 1/2 acres or less in size shall be platted. B. In General (1) A subdivider shall prepare a preliminary plat of a subdivision before preparing a final plat. The subdivider shall submit the preliminary plat together with all required accompanying material to the Planning Commission and shall obtain the ��~}��-�� approval of the Commission. (2) The subdivider shall then prepare a final plat together with all required accompanying materials and submit them to the Council for approval. The subdivider shall then obtain approval of the Council and by any other agencies and officials whose approval is required by law and shall be duly recorded. (3) No conveyance of any lot or parcel of land in a subdivision shall be lawful until final approval and recording have occurred. In addition, no permit to erect, alter or repair any building shall be issued until such approval and recording. (Ref. 75). C. Steps (1) Preliminary Plat Requirements A preliminary plat shall be clearly and legibly drawn on a high quality reproducible and all copies thereof shall be clear and legible. It shall be of such scale as to show clearly all details thereof. A preliminary plat together with such accompanying documents shall show the following; 13.37 Subdivision Ordinance Page 8 (a) The boundary lines and dimensions of the land to be subdivided and the locations of section corners and of existing subdivisions, streets (and street widths) and unsubdivided parcels (and ownerships) adjoining the proposed subdivision, between it and nearest existing street or for such distance beyond as may be required. (b) The proposed general layout, including all proposed streets, alleys, crosswalks through blocks, street widths and proposed names, approximate dimensions of blocks and lots, tentative lot and block numbering and approximate radii of all curves. (c) The existing and proposed easements and right-of-ways for drainage, sewerage, utilities, railroad lines, streets. alleys, bikeways, walkways, and any other areas proposed to be dedicated for public purposes and of any reservations and their purposes. (d) The correct location and designation of all wet lands and water channels, water areas, drainage courses and ditches, and indication of all areas which, before drainage improvement, are subject to inundation or storm water overflow, with proposed drainage improvement of such areas and of swamps, drainage courses and ditches. (e) A statement giving the intended excavating, grading and filling of land within the proposed subdivision and the intended removal or destruction of existing trees and other natural ground cover, sufficient to meet the requirements of the City in determining whether a land alteration permit could be issued in accordance with the City Code. (f) Any required data and materials not practically shown on the preliminary plat shall be submitted on separate sheets, to accompany the plat. (2) Application (a) The subdivider shall submit a tracing and three (3) dark line prints of the preliminary plat and three (3) copies of documents accompanying the plat to the City. The applicant shall submit the information indicated on the official submission checklist. i�3@ C��e�a-3�-�e� ^�e-�re�e�-ei.�re�--t-� _ _ �; ; � _'- *� _a 13.38 Subdivision Ordinance Page 9 (b) When land to be subdivided abuts a state trunk highway, one (1) additional copy shall be required and shall be submitted to the State Highway Commissioner with the request that such Commissioner's recommendations, if any, should be received within fourteen (14) days after the date submitted, for consideration by the Planning Commission acting on the plat. (3) Action on Preliminary Plat by Planning Commission (a) The Planning Commission will meet to consider the plat and proposed improvements by the subdivider and the time and method of installation of improvements. (Ref. 75) (b) Not less than ten (10) days before the date of a meeting of the Planning Commission, for consideration of a preliminary plat, the City shall do the following: ((1)) Notify by United States mail the subdivider and the property owners of the property within three hundred fifty (350) feet adjoining the land within the plat of the time and piace of such hearing. (Ref. 1026� ((2)) Publish notice of such hearing in the official City newspaper. (c) At such meeting, all persons interested shall be given an opportunity to make presentations. (4) Preliminary Review (a) The Planning Commission shall take action on a subdivision application within 3-�8 40 days following delivery of an application completed in compliance with the requirements set forth in this Chapter.,- "'��-��ts�e�r-e€�e e�ed '� '� Action by the Planning Commission shall be tentative approval, disapproval or conditional approval of the preliminary plat, the last being tentative approval conditioned upon certain modifications as specified. After the Planning Commission's review of the preliminary plat, it shall be recommended to the Council for final action. 13.39 Subdivision Ordinance Page 10 [h� rc �� ni� n r�:i } �i� •i � � 1. u: " a�€�=_ �-��as�ee�-s��a�ti�e�—t�r-�es�-a-r�r-e��e�sie=�= t�Rt= ;'? -,.?�':3ii�@'a '}'' '''`e-e9�ise�-e� t�3�s••upu-ii�t�e� ��ge�r-�e�aa�td-�i3e-Ei��ra�eife�t�ze�-ee� '�=�a�e �6 ��3t'i�E��@G'C�-�i3-��3--ei�Ei��'i��'t�a-"�3a�t'rd�r-a��'H�B c t�e-s�t�el��e�e��r�a�r�a : � �e�e�e�d�a��e�s as a-�e �ease�rab�e-- ��-�-e-�e�s�s�e ��n�--aggi��a��e-��'r-n--c�e��e�g-�P ��_ _ _ _., .,� ,.,�'N� y. �l �,.�. •.1..]i.s:..�'�� C�1�'��4�Cne�ee� (b) All preliminary plats shall be forwarded to the Citv Council for review and approval or denial The Council shall consider the preliminary plat ap�lication at its next available meeting followina the Planning Commission meeting. (5) Final Plat Application Following preliminary review of the application by the Planning Commission, the applicant may request final approval by the City. Request for final plat approval shall occur in writing on the application form supplied bv the City. The applicant sha1T submit three (3) blue line hardcopies, the final mylars a 200 scale reduction of the lat the a lication form and the fee as established in Chapter 11 to the City. (a) Requirements The final plat shall conform to the preliminary plat as tentatively approved or conditionally approved, including any required modifications and to the requirements herein and any additional requirements of law. When there is more than one sheet, an index sheet shall be attached showing the entire subdivision, including boundary and streets, at an appropriate scale and indicating the separate sheets of the final plat and the sheet number of each. (b) Submitting Final Plat The subdivider shall within six (6) months after the date of the Council's review of the preliminary plat, submit the final plat together with all required accompanying documents to the City. If not filed within the designated six-month period, unless this period is extended by Council, the action of Planning Commission and the Council on the preliminary plat shall become null and void. 13.40 Subdivision Ordinance Page 11 If required improvements are not installe filing, a cash deposit, certified check o insuring later installation or a petition City install same and assess cost against subdivider shall accompany the final plat. _ . d prior to r surety bond to have the the ��-a�-gt�i��re a��g�re=e e�w��a�i s�e� �}��e€€-�� le�spa�� eas�-�� va��r��g�e � : ..,� r, .. ��e�€,---��-s�te��ea�i�g a3�-Fe�se�s��-estie�� {�}j� Action on Final Plat �-Es�re�k-s�r��p}��e e��is �reTe �ne�r��a� :''��-�-{-6A}-$�s a€�e�--�e�e��g t�re-�r-�� Before the Council approves the final plat, the plat shall comply with all conditions and requirements of this Chapter and all conditions and requirements upon which preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If a plat is disapproved by the City, no application for the denied subdivision of land may be submitted for a period of three (3) months following the denial. {�-}� Failure to Finally Approve or Disapprove If the Council fails to certify final approval within sixty (60) days after the application for final plat has been submitted, and if the applicant has complied with all conditions and requirements of this Chapter, the application shall be deemed finally approved, and upon demand the City shall execute a certificate to that effect. -�€3-� Survey After approval of the final plat, the subdivider shall cause the subdivision to be surveyed, staked and monumented by a registered surveyor in the requirements herein, with statutory and with any requirements of the County Authority. 13.41 accordance with requirements Platting Subdivision Ordinance Page 12 -f-g} j� Recording After approval, the final plat shall be recorded among the records of the County within one hundred eighty (180) days after the date of Council approval unless a longer period is granted at the time of approval. A plat not recorded within a period of one hundred eighty (180) days or the approved extension time, is deemed to be one that is not approved and such plat is not entitled to be recorded; and the same shall not thereafter be recorded except and unless it shall have again been presented to the Planning •Commission and Council and approved for recording. {�} � Time Extension A time extension for recording a plat shall be granted upon application duly made to the Council unless the Council finds after a hearing that the delay and failure to record within the period of time allowed was without justifiable cause and that the conditions and circumstances attendant to the land within the plat and in the immediate surrounding area as is affected thereby are materially and substantially different from those present at the time such plat was originally approved and that the plat as made is no longer deemed an appropriate plat with the conditions and circumstances present. In making such determination, the Council can consider among other things any changes in zoning, sizing of lots, location of streets and utilities in the lands within or adjacent to said plat and other factors deemed material, and is not limited thereto. (Ref. 229) -{�-} � Appeal to Council No final plat of a subdivision shall be approved by the Council if the preliminary plat thereof was disapproved by the Planning Commission except that any subdivider may appeal the Commission's action on the preliminary plat to the Council to overrule said action. The Council, as a result of the appeal, may elect to consider the preliminary plat and give it approval, conditional approval or disapproval. The grounds for any refusal to approve a final plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval. 13.42 Subdivision Ordinance Paqe 13 -�}} � Required Signatures No plat of a subdivision shall be filed with the Registrar of Deeds or accepted for filing unless signed by the Mayor and Manager or Clerk and unless approved as to survey and engineering accuracy by the County Platting authorities: 3. Zero Lot Lines. A. The City may approve subdivisions for the development of zero lot line, common wall residential structures within R-2 and R-3 zones. These lots shall be divided equally as is reasonably possible within the restrictions of the existing guidelines of the Zoning Chapter. B. All other zoning requirements in the respective districts except for the setbacks along the common wall, zero lot line(s) must be met. C. Separate meters must be provided to each dwelling unit for water, electricity and natural gas. In addition, the common party wall(s) fire rating shall be one hour for existing structure and two (2) one hour walls for new. construction. D. The owner of the property to be subdivided shall execute and record at their expense a"Declaration of Covenants, Conditions and Restrictions�� as provided by the City. The said document shall be used to protect the rights of the individual owners sharing the single structure to maintenance, repair and construction in case of damage to the original structure. The declarations, covenants, conditions and restrictions shall provide protection to the property owners and the City on the following objects: (i) Buil.ding and Use Restrictions. (2) Party Walls. (3) Relationships among owners of adjoining living units and arbitration of disputes. E. The City shall be a beneficiary to these declarations, covenants, conditions and restrictions. 13.43 Subdivision Ordinance Page 14 211.05. VARIANC88 Should the Planning Commission or Council find that any of the regulations or requirements herein are not applicable to a proposed land subdivision or to a preliminary or final plat thereof, or would cause undue hardship, it may permit such variations therefrom as are not contrary to the intent and purpose of these regulations or other applicable law or any applicable plan or portion thereof. The nature of the variances to be permitted in a particular case, with reasons why they are deemed necessary, shall be recorded in the minutes of the meeting and shall be transmitted to the subdivider. 211.06. SPECIAL DISTRICTS The requirements of this Chapter may be modified or excepted in the case of special zoning districts established under Chapter 205 of the City Code. 211.07. DESIGN STANDARDS A preliminary plat and a final plat shall be made with such design standards as are applicable thereto, said standards being established for the purpose of guiding and accompanying a coordinated, adjusted and harmonious development of Fridley which will, in accordance with existing and future needs, best promote the public health, safety, order, convenience and the general welfare and efficiency and economy in the process of development. The following design standards are hereby established for land subdivisions: 1. Layout. General layout, street pattern, and public areas, facilities and regulations and other applicable Comprehensive Plan. 2. Public Dedication. street widths, proposed private uses, shall conform to these law, and to the City's A. As a general rule, each subdivision shall be required to dedicate land, or pay into the City fund a cash payment equivalent, for public uses including schools, parks, playgrounds and other public purposes other than public right-of-way, in the following manner: 13.44 Subdivision Ordinance Page 15 Ten (10�) percent of all the gross area of residential zoned property to be subdivided; three (3�) percent of the gross area of commercial or industrial zoned property to be subdivided. B. Any land dedication in excess of the 10$ or 3� requirement shall be reserved for a period of two (2) years during which time the City or other public body may buy such land. C. In addition to the above described general rule, the following conditions and requirements shall also be complied with: (1) The City may choose to accept an equivalent amount in cash from the applicant for part or all of the portion " required to be dedicated to such public uses or purposes based on the fair market value of the Iand no later than at the time of final approval. (2) Any cash payments received shall be placed in a special fund by the City and used only for the purposes for which the money was obtained. (3) The City must reasonably determine that it will need to acquire that portion of land, or the cash equivalent thereof, for the purposes stated in this Section as a result of approval of the subdivision. D. The provisions of this Section may be modified if the City Council determines that individual circumstances call for adjustment. 3. Street Patterns. Street patterns should follow substantially the patterns shown on the land use plan or shall be at least the equal of the planned patterns in these respects: they shall adequately serve platted lots when developed; they shall intersect existing or planned trunk highways and major thoroughfares at infrequent intervals only; they shall not obstruct the reasonable and desirable development of adjoining, unsubdivided lands in conformity with any applicable plans and with these design standards, they shall be such as to discourage through traffic from using minor streets in the subdivision; and they shall be suited to the topography of the land, but with their orientation influenced by walking direction and distance to and from existing and planned parks, playgrounds and schools. 13.45 Subdivision Ordinance Page 16 4. Access. The street pattern shall be designed so as to minimize access points and crossings along all railroad and arterial thoroughfares. 5. Public Streets. All proposed streets shall be offered for dedication as public streets, with no private streets shown. 6. Right Angle Intersection. Streets shall intersect or intercept each other at right angles with variations of not more than twenty (20°) degrees permitted when considered necessary. 7. Grades. Street grades of six (6�) percent shall be considered a desirable maximum to be exceeded only when required by topography or other controlling and physical condition. Grades of all streets, walks, curbs and gutters shall be approved by the City. 8. Jogs. Jogs in streets shall have center line offsets of 125 feet or more. 9. Major Streets. The location, width and alignment of 'trunk highways and major streets shall conform to the official map, to the major street plan and to any other applicable plans, including State and County highway plans. Width of secondary major thoroughfares, not trunk highways, shall be 60 feet. 10. Minor Streets. Widths of minor residential streets shall be a minimum of 50 feet. 11. Business Streets. Widths of streets serving business, industrial, multiple dwelling, institutional or public frontage shall be not less than shown on the land use plan or other applicable plan, and when not shown, shall be as specified by the Planning Commission, or by the City acting for the Planning Commission. 13.46 Subdivision Ordinance Page 17 12. Cul-De-Sac Streets. Dead-end or cul-de-sac streets shall be no longer than 600 feet with a turn around at the closed end having property line and curb-line diameters of not less than 100 feet and 80 feet respectively, except that sach minimums may be altered when required by topography or other controlling conditions. 13. Corners. Property lines at residential street corners shall be rounded on a radius of not less than 10 feet and curb lines on a radius of not less than 20 feet, provided that greater radii may be required by the Planning Commission where deemed necessary. 14. Half-width Streets. Half-width streets are not acceptable except as found practically necessary by the Planning Commission and only with the assurance of dedication of the other half when adjoining property is subdivided. 15. Corporate Boundary Streets. For protecting the City in developing and maintaining streets bordering the corporate limits, where a half-width street dedication is proposed, the subdivider shall furnish one of the following with the preliminary plat: A. Assurance that the remaining half outside the corporate limits has or will be dedicated, or B. A warranty deed for the remaining half outside the corporate limits, or C. An easement for street purpose, signed by the owners of the part outside the corporate limits. 16. Street Names. Names of streets which are extensions of existing streets shall be the same, provided that these and other street names shall be subject to City approval. 17. Block Lengths. Residential blocks shall normally be of sufficient width for two (2) tiers of lots. Block lengths shall be determined by circulation and other needs, with lengths up to 1,500 feet 13.47 Subdivision Ordinance Page 18 permissible when approved by the Planning Commission. A pedestrian way or crosswalk, not less than 10 feet in width, may be required approximately midway in a block that is 700 feet or more in length, or for access to schools, playgrounds, shopping centers and to other areas and facilities. Where residential blocks with lots deeper than 260 feet as proposed, a reservation for a future street through the middle of the block longitudinally, may be required by the Planning Commission. 18. Accessibility. Each lot shall be served from a public street satisfactorily for general accessibility for fire fighting, refuse collectio� and delivery purposes. 19. Lot 5ize. The size of lots shall be as set forth in Code. A corner lot shall have extra width setback of a building adequately from both shall be adequate to provide space for the necessary accessory buildings. 20. Side Lot Lines. Chapter 205 of the City of 5 feet or more for streets. Each lot dwelling and all Side lot lines shall be at right angles or radial to street lines, with slight variations under difficult conditions permissible, with Planning Commission approval. 21. Easements. Easements offered for dedication should be shown along lot lines where needed for utility purposes, for drainage, for screen planting or other purposes. Utility easements along rear lot lines will usually be required unless alleys are provided with required width being 12 feet for a single easement or for the total of two (2) parallel, adjoining easements on two (2j lots. Minimum width of drainage easements, single or double, shall be 20 feet and screen planting and other easements, single or double shall be 10 feet or such greater width in specific cases as the Planning Commission shall require. 211.08. REQIIIRED IMPROVEMENTS As a condition precedent to the approval of a subdivider shall give satisfactory assurance of at least the following improvements at the expense, within a period of time specified by Commission: 13.4$ final plat, the of the installation subdivider's own the Planning Subdivision Ordinance Page 19 l. Grade Streets. Grade all streets and walks to specified grades and surface all streets in accordance with adopted plans and specifications. 2. Install Underground Utilities. Install water mains, storm and sanitary sewers and additional drainage facilities, where any or all are required. 3. Off Street Improvements. Erect street name signs, sod boulevard areas and plant at least two (2) satisfactory street trees on each lot near the front lot line, or in the boulevard area, whichever is specified by the City. Grades shall be set by the City a�d improvements shall be according to previously or hereinafter established standards and specifications by the Council. An escrow may be provided in lieu of the installations. 4. Delay of Streets. Where water mains, storm and sanitary sewers drainage facilities are to be installed, the improvements may be deferred until after such 5. Cost of Improvement. and additional required street installation. To cover the cost of improvements that may not have been completed at the time of filing the final plat, the subdivider shall: A. Furnish cash, a certified check or a surety bond, to the City of Fridley to secure the performance of such installation by him or her within a period of time as stipulated by the Council or to cover installation by the City, or B. Petition the Council to install such improvements, the entire cost of which is to be levied and certified as a special assessment, in which case the subdivider shall agree in writing that in the interim between the filing of the finai plat and the certification of the special assessment to the County Auditor there will be no transfer of ownership of any part of the property platted without first depositing with the City an amount sufficient to cover the estimated proportionate amount of such assessment applicable to the lot or parcel of land transferred. 13,49 Subdivision Ordinance Page 20 211.09. EFFECT OF SIIBDIVISION APPROOAL For one (1) year following preliminary approval and for two (2) years following final approval, unless the subdivider and the City agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its reguiations, the City may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, the City may by resolution or agreement grant the rights referred to herein for such periods of time longer than two (2) years which it determines reasonable and appropriate. 211.10. VACATION OF PLAT 1. Any plat or any part of a plat may be vacated by the owner of the property before the sale af any lot therein, by a written instrument with a copy of the plat attached, declaring the same to be vacated. Such vacation shall require the approval of the City Council in the same manner as for plats of subdivisions. The City Council may reject any such instrument which abridges or destroys any public rights in any of its streets or utility right-of-ways. Such an instrument shall be approved and recorded in the same manner as plats or subdivisions. After being recorded, such instrument shall nullify the recording of the plat so vacated and divest all public rights in the streets, and public grounds and all dedications laid out or described in such plat. 2. When lots have been sold, the plat may be vacated as stated above, provided that all the owners of lots in such a plat join in the execution of such instrument. 3. Platted areas may be replatted, provided that they follow the provisions of this Chapter. 211.11. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. 13.50 Subdivision Ordinance Page 21 211.1Z. F$$8 The fee for subdivisions (lot split, plat, or Registered Land Survey) of land are provid�d for in Chapter 11 of this Code. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Community Developm Department at 572-3590. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins.at 572-3500 no later than October 21, 1996. Publish: October 17, 1996 October 24, 1996 13.51 WILLIAM J. MA HOLSTAD AND LARSON, P. L.C. WAYNE B. HOLSTAD RUSSELL L.C. LARSON KAREN HIL� FJELD'I" JOHN L. LINDELL LARRY S. MOUNTAIN 't REAL PROPERTY LAW SPECIALIST June 5, 1996 Ms. Barb Dacy �ire�tor �f P�annir,g ar� Community Development City of Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 ATTORNEYS AT LAW 3535 VADNAIS CENTER DRIVE SurrE 130 SAINT PAUL, MN 55 i 1 O TE�EPHON� 612/490-9078 FACStn�ttt,E 612/490-1580 RE: City of Fridley Charter Vacation Provisions Dear Barb: OF COUIYSEL: FREDERIC W. KNAAK� �ALSO LICENSED IN WISCONS{N AND COLORADO BY FACSIMILE AT 571-1287 AND �.S. M�lL As I indicated to you in a couple of our earlier discussions, I have been examining the provisians of Section 12.07 of Fridley's Charter as they relate to the City's practice of requiring the formal passage of an ordinance for each vacation of a street or other type of easement that occurs in the City. The topic first came up for me during a recent discussion by the Council c�ncerning the vacation of a conservation easement. It's undisputed that passage of an ordinance has been the practice of the City in the past when vacations were requested and granted. This practice is clearly rooted in a reading of the first sentence oT Seciion i2.c�7, which does, in fact, state that: The Council shall have the exclusive power, by ordinance passed by a vote of at least four (4) members of the Council, to vaca#e or discontinue highways, streets, easements and alleys within the City...(Emphasis added) By itself, there would seem to be little question about the meaning of the provision. It's what fo!lawa i��a� has raised in my mind a question of whether simple compliance with the other or��nance passage provisions of the Charter is either required or the intended meaning of the f►.�`•� Charter provision. Moreover, it's important to note that while this provision grants the CQancil exclusive power to vacate by ordinance, the language does not expressly limit the Council or the City to this method. 13.52 Ms. Barb Dacy June 5, 1996 Page Two Section 12.07 goes on to require "notice to and hearing of affected property owners" before any vacation can occur, which suggesis a separate requirement irom the generally more extensive notice and hearing requirements under the City's ordinance procedures. More interesting, as I have noted, is the provision allowing for "such procedure as the Council may by ordinance prescribe." Trl�� !��-� ��'�g�+��z :� e,w�`€�c;e�tiv �roa�1 ir� s�oue, in n,y j�dgm�nt, for th�� C��r�c�! to v�Jtab!ish, by general ordinance, something of an alternative procedure to the standard ordinance review and passage. This authority is neither a moot nor academic point, since it is also my current view, pending additional research, that the City's practice concerning vacations of this sort, as well as any Charter provision requiring that it be done by ordinance, may themselves be in conflict with the requirements of State iaw. Minnesota Statutes Section 412.851 is instructive on this point. That provision which, when passed, was appiicable to all cities, although it is now codified in the section of statutes pertaining to statutory, as opposed to home rule charter, cities, provides, in pertinent part: VACATION OF STREETS. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. Where there has been no petition, the resolution may be adopted only by a vote of four-fifths of a!! members of the councii_ No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' pub�ished notice. The council shall cause written notice of ti�e hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing.... After a resolution oi vacation is adopted, the clerk shalf prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands afiected thereby. The notice shali be presenfed to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be fifed with the county recorder. Any failure to file the notice shall not invalidate any suct�� v�cati�n proceedings. (Emphasis added). 13.53 � Ms. Barb Dacy June 5, 1996 Page Three The fairly detailed provisions for vacations outlined in the statute plainly contemplate the use of resolutions as the means of vacating streets and other easements, and provide for the procedures by which county officials are to deal with the enacted resolutions in order to effect the necessary recorded notice. There is no other general procedure offered in the statute to cities to deal with all kinds of vacations. One other provision, Minnesota Statutes Section 440.135, deals specifically with vacations of streets in Home Rule Charter Cities of the Third Class. While its current applicability to Fridley is arguable (Fridley is now, technically, a City of the Second Class under the old classification system, but was, as I understand it, a City of the Third Class when the Charter provision involveci here was enacted), it nevertheless provides additional guidance and, perhaps, authority on vacations of streets in home rule charter cities. In pertinent part, it provides: VACATING STREETS, HOME RULE CHARTER CITY OF THE THIRD CLASS Subd. 2. Council may vacate; conditions. In addition to any other method provided by law, the council of such city, upon the presentation and filing of a verified petition signed by or on behalf of any owner, naturat or corporate, of any real estate abutting therean, may vacate any street or segment of street or any portion of the width thereof within its geographical limits, provided only that the street, segment, or portion thereof so vacated pursuant to such petition shatf not be longer than the distance intervening bztween any two adjacent intersecting streets..... S�t��. 3. ��riiiiea cc�ay oT resa�iior� io i�� fiieci. 5uch aciron o� sucr� councii �i�ay be taken at any regular or special meeting duly called for such purpose and shall be � resolution, and a copy of the resotution duly certified by the city clerk shall be recorded in the offiice of the county recorder in the county where such city is located before the action shall be effective. ��his pr�uisior, although it oniy applies to streets in cities of the first class, is equally clear in its statement of what would have to be considered the standard statutory requirement for these action�: acri�r �y resolution, effective when filed with the county. 13.54 Ms. Barb Dacy June 5, 1996 Page Four It is my opinion that these statutory provisions represent at least a possible conflict of authority with the requirement of the Fridley City Charter that such actions be undertaken by ordinance and ordinance-related procedures. Where such conflicts between a city charter and a general statutory provision occur, the general rule is that the terms the Minnesota statutory provision would apply. In this instance, it would mean that the provisions requiring passage of a resolution to effect a vacation, together with the state-mandated procedural requirements ;n�t��e; !�ear�� nd #:�;,,.,, svr ��;�+ �„+�� r � � yf ��.,� �,s �u�C sup�r��d� ih�s� cf ., e �na;+�;. A usual professional caveat is in order here: to date, no express authority has arisen that we have found interpreting these kinds of conflicts under Minnesota law in a manner either consistent or inconsistent with this opinion. My analysis, under general rules of statutory interpretation, garners no assurance that a court would determine in the same manner. Similarly, further review of this might give rise to a decision by the City to seek an opinion of the attorney general in this matter, although, if the City requests the opinion of ine by resolution, it m�y rely on it in good faith in the event of subsequent conflict concerning actions taken in reliance on the opinion. Nevertheless, I believe the City has two reasonable alternatives available to it to address the concerns I have raised. First, the City can actively explore its options under the "procedure" language of the Charter to provide for an alternative to the ordinance requirement. Second, and the better option, would be for the City to resolve the conflict by clarifying, its Charter lar�guage, deleting the word "ordinance" in Section 12.07 and substituting the word resolution. That simple a�tiendment would eliminate the conflict and obviate the need for imaginative interpretation of the current language to avoid the conflict. s i�.�:iJ�' ifl;.r7� I`:.LIG'1 �.E -:;: ,.. ,., - VLi Z" _: r . i.•iQ1i ,•t;.:s ii.�i �i iiC UCiJi.'�.. !Vi ii�% Ct�}ii(iE1i`1.�1 Qill! i�.'( (3iy V�:�Illi�l� G� lV Ll�t� 11�;vU lV estab?ish modest changes in the proc�dures currently in effect in the City for easement vacatior�s. Pl�ase �o not hesitate to contact me at your convenience if I can be of any aciditional �ssistance to you in this matter. Stf�C�CEfj/, . / � . i�� 1/ . ✓ �= 7 P . � ��et�,.rit; VG'. K!ta��c �t?di�y City Attc�rr,e�v cc: �h`.3u�r�s 13.55 TO: NILLIAM A. BURNS, CITY MANAGER IflW�f >;!� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOWARD D. ROOLICR, ASSISTANT FINANCL DIRECTOR WALTER H. COLE, ACCOIINTING/DATA PROCESSING CLERR SUBJECT: PUBLIC HEARING ON ASSESSMENT FOR EA3T�RIVER ROAD IMPROVEMENT PROJECT NO. ST 1994-03 DATE: OCTOBER 28, 1996 Attached you will find the Public Hearing Notice for East River Road Improvement Project NO. St 1994-03. The Notice was sent to the property owners on October 4, 1996 and published in the Focus on September 26 and�October 3, 1996. RDP/whc 14.01 CITY OF FRIDLEY ANORA COUNTY, MINNESOTA NOTICE OF $EARING ON ASSESSMENT ROLL FOR EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST 1994 - 03 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any to the proposed assessments in respect to the following improvements, to wit: EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST 1994 - 03 The proposed assessment roll for each of said improvements in the total amount of $ 189,617.02 is now on file and open to the public inspection, by all persons interested, in the office of the clerk of said city. The general nature of the improvements and each of them is the installation of concrete curb and gutter, grading, stabilized base, hot-mix bituminous mat, storm sewer, water and sanitary sewer, bikeway/walkway, landscaping, and other facilities located as follows: EAST RIVER ROAD - HARTMAN CIRCLE TO GLEN CREER ROAD The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. At property owner may appeal an assessment to the by serving notice of the appeal upon the Mayor or Ci thirty (30) days after adoption of the assessment a notice with the district court within ten (10) days upon the Mayor or City Clerk. 14.02 district court ty Clerk within nd filing such after service The City of Fridley adopted Resolution No. 14-1995 on February 13, 1995, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citZZen hardship special assessment deferrals when the annual payment for the special assessment exceeds one (1) per cent of the adjusted gross income of the owner as determined by the most recent Federal Income Tax Return, or if the household income is below the Very Low Income threshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 16TH DAY OF SEPTEMBER, 1996 BY ORDER OF THE CITY COLTNCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE- MAYOR ATTEST: WILLIAM C. CiiAMPA - CITY CLERR Publish: Fridley Focus on September 26 & October 3, 1996 14.03 n TO: WILLIAM W. BIIRNB, CITY MANAGER !�{� �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR $OWARD D. KOOLICR, ASSISTANT FINANCE DIRECTOR WALTER $. COLE, ACCOIINTING/DATA PROCESSING CLERR SUBJECT: PUBLIC-$EARING ON ASSE3SMENT FOR MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(COMMERCIAL) DATE: OCTOBER 28, 1996 . 0 Attached you will find the Public Hearing Notice for Main Street Improvement Project No. St 1994-08(Commercial). Notice was sent to the property owners on October 4, 1996 and published in the Focus on September 26 and October 3, 1996. RDP/whc 15.01 CITY OF FRIDLEY ANORA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSE33MENT ROLL FOR MAIN STREET IMPROVEMENT NO. ST 1994-08(COMMERCIAL) Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any to the proposed assessments in respect to the following improvements, to wit: MAIN STREET IMPROVEMENT PROJECT NO. ST 1994 - 08(COMMERCIAL) The proposed assessment roll for each of said improvements in the total amount of $ 173,111.12 is now on file and open to the public inspection, by all persons interested, in the office of the clerk of said city. The general nature of the improvements and each of them is the installation concrete curb and gutter, grading, stabilized base, hot-mix bituminous mat, storm sewer, water and sanitary sewer, bikeway/walkway, landscaping, and other facilities located as follows: MAIN STREET - I-694 SOUTH TO 44TH AVENIIE The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council wili consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerl� prior to the assessment hearing or presented to the presiding officer at the public hearing. At property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. 15.02 The City of Fridley adopted Resolution No. 14-1995 on February 13, 1995, relating to the d�ferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and wiZl make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds one (1) per cent of the adjusted gross income of the owner as determined by the most recent Federal Income Tax Return, or if the household income is below the Very Low Income threshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 16TH DAY OF SEPTEMBER, 1996 BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE- MAYOR ATTEST: WILLIAM C. CHAMPA - CITY CLERR Publish: Fridley Focus on September 26 & October 3, 1996 15.03 TO: �" AILLIAM A. BIIRN3, CITY MANAGER �i� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOWARD D. ROOLICR� ASSISTANT FINANCE DIRECTOR WALTER H. COLE, ACCOUNTING/DATA PROCE38ING CLERR SIIBJECT: PIIBLIC HEARING ON ASSE3SMENT FOR MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(RESIDENTIAL) DATE: OCTOBER 28, 1996 0 Attached you will find the Public Hearing Notice for Main Street Improvement Project No. St 1994-08(Residential). Notice was sent to the property owners on October 4, 1996 and published in the Focus on September 26 and October 3, 1996. RDP/whc 16.01 CITY OF FRIDLEY ANORA COIINTY, MINNESOTA NOTICE OF HEARING ON ASSES3MENT ROLL FOR MAIN STREET IMPROVEMENT NO. ST 1994-08(RESIDENTIAL) Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any to the proposed assessments in respect to the following improvements, to wit: MAIN STREET IMPROVEMENT PROJECT NO. ST 1994 - 08(RESIDENTIAL) The proposed assessment roll for each of said improvements in the total amount of $ 21,728.00 is now on file and open to the public inspection, by all persons interested, in the office of the clerk of said city. The general nature of the improvements and each of them is the installation concrete curb and gutter, grading, stabilized base, hot-mix bituminous mat, storm sewer, water and sanitary sewer, bikeway/walkway, landscaping, and other facilities located as follows:. MAIN STREET - I-694 SOIITH TO 44TH AVENUE The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written br oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. At property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. 16.02 The City of Fridley adopted Resolution No. I4 -1995 on February 13, 1995, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds one (1) per cent of the adjusted gross income of the owner as determined by the most recent Federal Income Tax Return, or if the household income is below the Very Low Income threshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 16TH DAY OF SEPTEMBER, 1996 BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE- MAYOR ATTEST: WILLIAM C. CHAMPA - CITY CZ,ERR Publish: Fridley Focus on September 26 & October 3, 1996 16.03 TO: AILLIAM W. BURNS, CITY MANAGER�!�('�+� FROM: RICHARD D. PRiBYL, FINANCE DIRECTOR HOWARD D. ROOLICR, ASSISTANT FINANCB DIRECTOR WALTER H. COLE, ACCOIINTING/DATA PROCESSING CLERR SUBJECT: PUBLIC $EARING ON A3SE83MENT FOR STREET IMPROVEMENT PROJECT NO. ST 1996-04 DATE: OCTOBER 28, 1996 Attached you will find the Public Hearing Notice for Street Improvement Project No. St 1996-04. The Notice was sent to the property owners on October 4, 1996 and published in the Focus on september 26 and October 3, 1996. RDP/whc 17.07 CITY OF FRIDLEY ANOICA COIINTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST 1996 - 04 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any to the proposed assessments in respect to the following improvements, to wit: STREET IMPROVEMENT PROJECT NO. ST 1996 - 04 The proposed assessment roll for each of said improvements in the total amount of $ 260,301.41 is now on file and open to the public inspection, by all persons interested, in the office of the clerk of said city. The general nature of the improvements and each of them is the grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services, landscaping, and other facilities located as follows: MISSISSIPPI STREET AND THIRD STREET INTERSECTION The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. At property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. 17.02 The City of Fridley adopted Resolution No. 14-1995 on February 13, 1995, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds one (1) per cent of the adjusted gross income of the owner as determined by the most recent Federal Income Tax Return, or if the household income is below the Very Low Income threshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 16TH DAY OF SEPTEMBER, 1996 BY ORDER OF THE CITY COIINCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE- MAYOR ATTEST: WILLIAM C. CIiAMPA - CITY CLERR Publish: Fridley Focus on September 26 & October 3, 1996 17.03 TO: WILLIAM W. BURN3, CiTY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOAARD D. ROOLICR, AS3ISTANT FINANCE DIRECTOR WALTER H. COI,E, ACCOIINTING/DATA PROCESSING CLERR SIIBJECT: PUBLIC HEARING ON ASSESSMENT FOR 1995 STREET IMPROVEMENT PROJECT NO. ST 1995 - 1& 2 DATE: OCTOBER 28, 1996 . � Attached you will find the Public Hearing Notice for 1995 Street Improvement Project No. St 1995 - 1& 2. Notice was sent to the property owners on October 4, 1996 and published in the Focus on September 26 and October 3, 1996. RDP/whc 18.01 CITY OF FRIDLEY ANORA COIINTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENT ROLL FOR 1995 STREET IMPROVEMENT PROJECT NO. ST 1995 1& 2 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any to the proposed assessments in respect to the following improvements, to wit: 1995 STREET IMPRODEMENT PROJECT NO. ST 1995 1& 2 The proposed assessment roll for each of said improvements in the total amount of $ 588,749.02 is now on file and open to the public inspection, by ail persons interested, in the office of the clerk of said city. The general nature of the improvements and each of them is the installation of bituminous street paving with appurtenances, grading, aggregate base, bituminous surfacing, concrete curb and gutter, storm sewer, landscaping sidewalk and driveway restoration, located as follows: 69Tii AVENIIE - CENTRAL AVENIIE TO STINSON BOIILEVARD 68TH AVENUE - MONROE STREET TO BROORVIEW DRIVE ARTHUR STREET - 64TH AVENUE TO MISSISSIPPI STREET RICE CREER TOWNHOUSE PRRG LOT - ANORA STREET TO END 69TH AVENIIE SLIPOFF - IINIVERSITY AVENUE TO 3RD STREET The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. At property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (l0) days after service upon the Mayor or City Clerk. � 8.�2 The City of Fridley adopted Resolution No. 14-1995 on February 13, 1995, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds one (1) per cent of the adjusted gross income of the owner as determined by the most recent Federal Income Tax Return, or if the household income is below the Very Low Income threshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 16TH DAY OF SEPTEMBER, 1996 BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE- MAYOR ATTEST: WILLIAM C. CHAMPA - CITY CLERR Publish: Fridley Focus on September 26 & October 3, 1996 18,03 TO: WILLIAM W. BIIRNS, CITY MANAGER FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR • HOAARD D. ROOLICR, A33ISTANT FINANCE DIRECTOR � WALTER H. COLE, ACCOIINTING/DATA PROCE3SING CLERK SUBJECT: PDBLIC HEARING ON ASSESSMENT FOR 1989 STREET IMPROVEMENT PROJECT NO. ST 1989-OS DATE: OCTOBER 28, 1996 Attached you will find the Public Hearing Notice for 1989 Street Improvement Project No. St 1989-05. Notice was sent to the property owners on October 4, 1996 and published in the Focus on September 26 and October 3, 1996. RDP/whc 19.01 CITY OF FRIDLEY ANORA COUNTY, MINNESOTA NOTICE OF HEARING ON A38ESSMENT ROLL FOR 1989 STREET IMPROVEMENT pROJECT NO. ST 1989 - OS Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any to the proposed assessments in respect to the following improvements, to wit: 1989 STREET IMPROVEMENT pROJECT NO. ST 1989 - 05 The proposed assessment roll for each of said improvements in the total amount of $ 21,250.17 is now on file and open to the public inspection, by all persons interested, in the office of the clerk of said city. The general nature of the improvements and each of them is the installation of concrete burb and gutter, aggregate base, bitiminous pavement, lanscaping, and storm water improvements, located as follows: OSBORNE AND MAIN STREET The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. At property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. � 9.02 The City of Fridley adopted Resolution No. 14-1995 on February 13, 1995, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds one (1), per cent of the adjusted gross income of the owner as determined by the most recent Federal Income Tax Return, or if the household income is below the Very Low Income threshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 16TH DAY OF SEPTEMBER, 1996 BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE- MAYOR ATTEST: WILLIAM C. CHAMPA - CITY CLERR Publish: Fridley Focus on September 26 & October 3, 1996 19.03 �r,,/ TO: WILLIAM W. BIIRNS, CITY MANAGER��ii� FROM: RICHARD D. PRIBYL, FINANCL DIRECTOR HOAARD D. ROOLICR, A33ISTANT FINANCE DIRECTOR AALTER H. COLE, ACCOUNTING/DATA PROCESSING CLERR SUBJECT: PIIBLIC HEARING ON ASSESSMENT FOR LOCRE LARR DAM RECONSTRIICTION PROJECT NO. 211 DATE: OCTOBER 28, 1996 r 0 Attached you will find the Public Hearing Notice for Locke Lake Dam Reconstruction Project No. 211. Notice was sent to the property owners on October 9, 1996 and published in the Focus on September 26 and October 3, 1996. RDP/whc 20.01 CITY OF FRIDLEY ANORA COIINTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENT FOR LOCRE LARS DAM RECONSTRIICTION PROJECT NO. 211 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 O�CZOC�C P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvements, to-wit: LOCRE LARE DAM RECONSTRUCTION PROJECT NO. 211 The proposed assessment roll for each of said improvements in the total amount of $ 662,927.81 is now on file and open to public inspection, by all persons interested, in the office of the Clerk of said City. The general nature of the improvements and each of them is the dam construction, retaining walls, spillway, creek bed alignment, bank armoring, landscaping and other facilities located as follows: ALL OF THE LAND ABIITTING AND DRAINING INTO SAID LOCKE LARE AND ALL LANDS AITHIN, ADJACENT AND ABIITTING THERETO The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. 2�.�2 The City of Fridley adopted Resolution No. 14-1995 on February 13, 1995, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30� days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds one (1) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return, or if the household income is below the Very Low Income threshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 16TH DAY OF SEPTEMBER, 1996, BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM C. CHAMPA - CITY CLERR Publish: Fridley Focus on September 26 & October 3, 1996 20.03 TO: pILLIAM W. BIIRN3, CITY MANAGER�fi� FROM: RICHARD D. PRIBYL, FINANCB DIRECTOR HOAARD D. ROOLICR, ASSISTANT FINANCE DIRECTOR WALTER H. COLE, ACCOUNTING/DATA PROCESSING CLERR SUBJECT: PIIBLIC HEARING ON ASSESSMENT FOR STONYBROOR CREER SANR STA$ILIZATION PROJECT NO. 246 DATE: OCTOBER 28, 1996 Attached you will find the Public Hearing Notice for Stonybrook Creek Bank Stabilization Project No. 246. The Notice was sent to the property owners on October 4, 1996 and published in the Focus on September 26 and October 3, 1996. RDP/whc 21.01 CITY OF FRIDLEY ANORA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENT FOR STONYBROOR CREER BANR STABILIZATION PROJECT NO. 246 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvements, to-wit: STONYBROOR CREER BANR STABILIZATION PROJECT NO. 246 The proposed assessment roll for each of said improvements in the total amount of $ 385,121.81 is now on file and open to public inspection, by all persons interested, in the office of the Clerk of said City. The general nature of the improvements and each of them is the excavation, gradinc�, filling, bank stabilization, settling pools, concrete pipe, storm sewer system, landscaping and other facilities located as follows: ALL OF THE LAND ABUTTING SAID STONYBROOR CREEK AND ALL LANDS WITHIN, ADJACENT AND ABIITTING THERETO The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. A property owner may appeal an assessment to the district court.by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. 21.02 The City of Fridley adopted Resolution No. 14-1995 on February 13, 1995, relating to the deferral of special assessments for certain senior c�tizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The appli.cation for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; hc�wever, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the speci.al assessment exceeds one (1) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return, or if the household income is below the Very Low Income t�reshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivisi.on of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 16TH DAY OF SEPTEMBER, 1996, BY ORDER OF THE CITY COUNCIL C+F THE CITY OF FRIDLEY. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM C.. CIiAMPA - CITY CLERR Publish: Fridley Focus on September 26 & October 3, 1996 21.03 TO: WILLIAM W. BURNS, CITY MANAGER � �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOWARD D. KOOLICK, ASSISTANT FINANCE DIRECTOR WALTER H. COLE, ACCOUNTING/DATA PROCESSING CLERK SUBJECT: PUBLIC HEARING ON ASSESSMENT FOR 1996 TREES DATE: OCTOBER 28, 1996 y 0 Attached you will find the Public Hearing Notice for 1996 Trees. Notice was sent to the property owners on October 4, 1996 and published in the Focus on September 26 and October 3, 1996. RDP/whc 22.01 CITY OF FRIDLEY ANORA COIINTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENT ROLL FOR 1996 TREE3 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any to the proposed assessments in respect to the following improvements, to wit: 1996 TREES The proposed assessment roll for each of said improvements in the total amount of $ 1,340.81 is now on file and open to the public inspection, by all persons interested, in the office of the clerk of said city. The general nature of the improvements and each of them is the removal of trees located as follows: ?892 Firwood Way The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole ar in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. At property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. 22.�2 The City �f Fridley adopted Resolution No. 14-1995 on February 13, 1995, relating to the deferral of special assessments for certain senior c�tizens where the payment of said specia2 assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or ol�der, and in the case of husband and wife, one member must meet this age requirement. The appli.cation for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the speci.al assessment exceeds one (1) per cent of the adjusted gross income of the owner as determined by the most recent Federal Income Tax Return, or if the household in�ome is below the Very Low Income th.reshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Defez•ral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THZS 16TH DAY OF SEPTEMBER, 1996 BY ORDER OF TFIE CITY COIINCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE- MAYOR ATTEST: WILLIAM C. CHAMPA - CITY CLERK Publish: Fridley Focus on September 26 & October 3, 1996 22.03 CITY OF FRIDLEY ANORA COIINTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENT ROLL FOR 1996 NIIISANCE ABATEMENT Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any to the proposed assessments in respect to the following improvements, to wit: 1996 NUISANCE ABATEMENT The proposed assessment roll for each of said total amount of $ 5,086.51 is now on file and inspection, by all persons interested, in the of said city. , improvements in the open to the public office of the clerk The general nature of the improvements and each of them is the abatement of public nuisances located as follows: 218 5Tth PLACE N.E. 251 57TH AVENOE N.E. 211 45TH AVENUE N.E. 4680 2ND STREET N.E. The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. At property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. 23.02 The City of Fridley adopted Resolution No. 14-1995 on February 13, 1995, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or ol.der, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds one (1) per cent of the adjusted gross inc.ome of the owner as determined by the most recent Federal Income Tax Return, or if the household income is below the Very Low Income threshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Defer.ral will be terminated and all amounts accumulated plus applicabl.e interest shall become due when any of the following happen: t,he death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivisi.on of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 16TH DAY OF SEPTEMBER, 1996 BY ORDER OF THE CITY COIINCIL OF THE CITY OF FRIDLEY. WILLIAM J. NEE- MAYOR ATTEST: WILLIAM C. CHAMPA - CITY CLERR Publish: Fridley Foaus on September 26 & October 3, 1996 23.03 TO: WILLIAM W. BURNS, CITY MANAGER�/�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOWARD D. ROOLICR, ASSISTANT FINANCE DIRECTOR WALTER ii. COLE, ACCOUNTING/DATA PROCESSING CLERK SUBJECT: PUBLTC HEARING ON ASSESSMENT FOR 1996 SERVICE CONNECTION DATE: OCTOBER 28, 1996 . 0 Attached you will find the Public Hearing Notice for 1996 Service Connectiori . The NoticE� was sent to the property owners on October 4, 1996 and published in the Focus on September 26 and October 3, 1996. RDP/whc 24.01 CITY OF FRIDLEY ANORA COUNTy, 1KINN�;SOTA NOTICE OF BEARING ON A3SESSMENT ROLL FOR 1996 SERVICE CONNECTION Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any to the proposed assessments in respect to the following improvements, to wit: 1996 SERVICE CONNECTION The proposed assessment roll for each of said improvements in the total amount of $ 23,996.00 is now on file and open to the public inspection, by all persons interested, in the office of the clerk of said city. The general nature of the improvements and each of them is the installation of water and sewer laterals as follows: 5650 MAIN STREET N.E. The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements, No appeal may be taken as to the amount of any individual assessment unless a written objection signed. by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. At property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. 24.02 The City of Fridley adopted Resolution No. 14-1995 on February 13, 1995, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property� and the owner must be at least sixty-five (65) years of age or ol.der, and in the case of husband and wife, one member must meet this age requirement. The appl:ication for said deferral must be made within the first thirty (,30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make app7Lication to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds one (1) per cent of the adjusted gross inc.ome of the owner as determined by the most recent Federal Income Ta.x Return, or if the household income is below the Very Low Income threshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Defer.ral will be terminated and all amounts accumulated plus applicabl.e interest shall become due when any of the following happen: t.he death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivisi.on of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 16TH DAY OF SEPTEMBER, 1996 BY ORDER OF THE CITY COQNCIL OF TFIE CI:TY OF FRIDLEY. WILLIAM J. NEE- MAYOR ATTEST: WILLIAM G. CHAMPA - CITY CLERR Publish: Fridley Focus on September 26 & October 3, 1996 24.03 TO: WILLIAM W. BIIRNB, CITY MANAGER� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR 80WARD D. ROOLICR, ASSISTANT FINANCE DIRECTOR WALTER H. COLE, ACCOIINTING/DATA PROCESSING CLERR SUBJECT: PUBLIC HEARING ON A33ESSMENT FOR 64TH BTORM WATER . IMPROVEMENT PROJECT NO. 260 DATE: OCTOBER 28, 1996 Attached you will find the Public Hearing Notice for 64th Storm Water Improvement Project No. 260. The Notice was sent to the property owners on October 4, 1996 and published in the Focus on September 26 and October 3, 1996. RDP/whc 25.01 CITY OF FRIDLEY ANORA COUNTY, MINNESOTA NOTICE OF HEARING ON AS3E38MENT ROLL FOR 64th STORM WATER IMPROVEMENT PROJECT NO. 260 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 28th day of October, 1996, at 7:30 o�clock P.M., to hear and pass upon all objections, if any to the proposed assessments in respect to the following improvements, to wit: 64TH STORM WATER IMPROVEMENT PROJECT NO. 260 The proposed assessment roll for each of said improvements in the total amount of $ 1,000.00 is now on file and open to the public inspection, by all persons interested, in the office of the clerk of said city. The general nature of the improvements and each of them is the installation of concrete storm water pipe from Mississippi Street to Rice Creek Road and assiciated restoration located as follows: 13 7 2 6 4 TH A'VENUE The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. At property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. 25.02 The City of Fridley adopted Resolution No. 14-1995 on February 13, 1995, re.lating to the deferral of special assessments for certain senior �itizens where the payment of said special assessments constitu.tes a hardship. The following factors will govern the granting of the deferments: The property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The appl.ication for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. �The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds one (1) per cent of the adjusted gross income of the owner as determined by the most recent Federal Tncome Tax Return, or if the household income is below the Very Low Tncome threshold as defined by the Federal Income Limits for the Community Development Block Grant Programs. The Deferral will be terminated and al1 amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not oiherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THTS 16TH DAY OF SEPTEMBER, 1996 BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. AILLIAM J. NEE- MAYOR ATTEST: WILLIAM C. CHAMPA - CITY CLERR Publish: Fridley Focus on September 26 & October 3, 1996 25.03 MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 24, 1996 TO: William Bums Cit Mana er �� , y g � FROM: Barbara Dacy, Community Development Director Scott Hickok, Pianning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Vacation Request, SAV #96-03, by Clayton and Jean Hicks; 106 Hartman Circle N. E. The City Council conducted a public hearing regarding the vacation request, SAV #96- 03, at its September 30, 1996 meeting. The request is to vacate finro five-foot drainage and utility easements lying along the property line of Lots 2 and 3, Block 1, Sandhursf Addition. The City Council approved the first reading of the ordinance approving the vacation request at its October 14, 1996 meeting. Recommendlation Staff recommends that the City Council approve second reading of the attached ordinance to vacate drainage and utility easements. MM/dw .� ,.�, 26.01 ORDINANCE NO. AN ORDZNANCE iJNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND AppED7pIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate the easterly 93 feet of a ten foot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2, Block 1, Sandhurst Addition, lying easterly of the westerly ten feet of said Lot 2, and the northerly five feet of Lot 3, Block l, Sandhurst Addition, generally located at 106 Hartman Circle N.E. All lying in the North Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ERIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: First Reading: Second Reading: Publication: September 30, 1996 October 14, 1996 26.�2 WILLIAM J. NEE - MAyOR Fridley Police Department Memorandum r� To: Bill Burns ��y� Dave Saliman From: Gary Lenzmeier�� Date: October 24, 1996 Re: New Tobacco Ordinance Attached is the proposed new ordinance concerning the sale of tobacco products in Fridley. The Fridley Police Department has been doing random compliance checks on Fridley tobacco products retailers since 1994 to ensure they do not sell tobacco products to minors. About 37 % of the time the juvenile sent in to purchase cigarettes has been able to make a purchase. In all cases the clerks selling the cigarettes were charged under the state sta.tute for selling tobacco products to a minor. Under the statute the crime is a gross misdemeanor which can carry a fine of $3000 and up to one year in jail. On the first round of compliance checks, once all the clerks charged had gone through the judicial process, it was learned that some of them received fines of $50 and some had received fines of $900. This disparity in sentencing made the retailers involved and the clerks very upset. In all cases nothing happened to the reta.ilers who had the tobacco license. The ordinance is being proposed to try to help insure that juveniles are unable to obtain tobacco products from Fridley retailers. Through the process of administrative penalties it reduces the penalties for the clerks, but it also creates penalties for the retailers. The rational for including fines for the retailers is to make sure they train their employees adequately concerning the sale of tobacco products to minors and that they stress the importance for them to make sure they don't seli to minors. All the penalties in the ordinance increase for second and third time offenders. The administrative penalTy concept is new for Fridley. It is a voluntary process for those charged. If the clerks choose not to participate they will be charged criminally through the Minnesota Criminal Statutes. If the retailer decides not to participate, the Council can revoke their license to sell tobacco products. If the retailer or the clerk aze assessed a penalty and they request a hearing, they will have the ability to have a hearing before the designated hearing examiner. To prepaze the retailers for this ordinance change, a letter with the proposed ordinance was sent to all holders of tobacco licenses on August 1, 1996. The Ietter invited them to come to a meeting at the City Hall on August 14'� to discuss the ordinance and suggest any changes. At the meeting some minor changes to the ordinance were suggested and changes were later made. On August 26`'' a second letter went out to all the license holders. The second letter included a copy of the updated ordinance and that the ordinance would be presented for the first reading at the September 16`'' City Council meeting. The letter also invited the retailers to call me if they had any questions or suggestions. At this point no one has called from that group. 27.01 � 0 : � On September 11"', I received a copy of a letter that was sent to the Council by Jeanne Weigum, who is a member of the Association for Nonsmokers-Minnesota. She had obtained a copy of the proposed ordinance and wrote a letter suggesting a few changes. The suggestions she cited are: -• Make all penalties a specified amount. This would minimize the number of clerks and retailers coming before the hearing officer in attempt to have their fine reduced. • Reduce the fines for the first time offenders to a specified amount of $100 for the clerks and $300 for the retailer. With the fines at these levels the people would most likely pay the fines rather then come for a hearing. • Add a section in the ordinance limiting tobacco displays to be behind the counter out of the customers reach. The tobacco companies pay retailers a lot of money to have the tobacco products on the counter where they can be easily taken by customers including juveniles. Removing the tobacco products from the counter displays would require the juveniles to ask for the cigarettes and there would be little possibility that juveniles could steal them. It was then decided to remove the ordinance from the September 16`�' Council meeting and to consider the changes Ms. Weigum suggested. The suggested changes were incorporated into a copy of the ordinance and it was again sent to all the license holders. They were again invited to a meeting which was held on October 9�''. Eight retailers attended the one hour meeting and offered some changes to the proposal: They were very much against limiting the tobacco displays from their counters. They indicated the tobacco companies pay them a substantial amount of money to have the displays on the counter and they experience little shoplifting from the displays and they do not feel that it is easier for juveniles to purchase counter display cigarettes. In addition to that change, they also wanted the penalties increased for both the licensee and the clerk. Because of past experience, they felt that a higher fine for the clerk has a posi#ive impact on the likelihood that other clerks would not sell to minors. All those changes were incorporated into this present ordinance. In allowing the counter displays, the retailers were made aware that if the future compliance checks reveal that juveniles are able to obtain tobacco products from their stores, the ordinance will be changed to disallow counter displays ne� year. r At your request the hearing authority for this ordinance has been changed from the City Council to a City Manager appointed hearing officer. The reason for that change is to insure that the City Council will not need to spend a lot of time hearing tobacco related cases. None of the licensees or the public is currently aware of this change, but it is expected not to be a big issue. The attached ordinance allows the retailers to continue to have counter displays as long as they are within three feet of the cashier. It increases the penalties for both the licensee and the clerk and it makes the penalties a specific amount. 27.�2 Warren W. Roberts �� 1448 Windemere Driue Fridley, MN 55421 Oct. 24, 1996 Ann Bolkcom City Hall 6431 University Avenue Fridley, MN 55432 Dear Councilman Bolkcom: I want to congratulate you and the rest of the council on your wisdom in seriously considering an ordnance to discourage tobacco sales to minors more effectively. I feel that this is a forward step that will benefit many potential acquirers of the smoking habit. However, the Association for Non-Smokers-Minnesota has raised two questions about the details of the proposed ordnance that appear to me to merit careful consideration: 1. The penalties, especially for clerks, may be so heavy as to discourage enforcement. The tobacco industry's advocacy of harsh penalties may well be motivated partly by the fact that the harsher penalties are, the less they are actually enforc�ed. If they are small enough that offficials are not reluctant to enforce them (and can do so without incurring strong opposition), but substantial enough to motivate the offender, they are most likely to have maximal effectiveness. 2. Allowing "help-yourselY' open displays of tobacco may make it too easy for juveniles to buy or shop-lift tobacco products. According to the Association, a number of research studies have shown that putting tobacco items back of the counter reduces minors' purchases of tobacco by about 50%. While this may be inconvenient for some vendors, the potential benefits seem to me to outweigh the cost. Again, many thanks for giving serious consideration to an ordnance to reduce purchases of tobacco products by minors. Sincerely, � `v�2�1��,.� '�"✓; %%��/�-� �,�.- Warren W. Roberts Ordinance No. AN ORDINANCE REPEALING CHAPTER 12 OF THE FRIDLEY CODE IN ITS ENTIRETY, AND ADOPTING A NEW CHAPTER Z2, ENTITLED "TOBACCO PRODUCTS" AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITILED "GENER.AL PROVISIONS AND FEES" THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 12.01. DEFINITION OF TERMS The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms, wherever they occur in .this Chapter, are defined as follows: 1. "Self service merchandising" This is an open display of tobacco products where the public has access without the intervention of an employee. 2. "Tobacco product" This includes cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flower, cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse strips, clippings, cuttings and sweepings of tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco related devices. 12.02. LICENSE REQUIRED No person shall directly, by coin machine, or otherwise, keep for retail sale, sell at retail, or otherwise dispose of, any cigarette, cigarette wrapper, tobacco, or tobacco products at any place in the City unless they have obtained a license therefor as provided herein. 12.03. APPLICATION FOR LICENSE: GRANTING OF LICENSE BY COUNCIL; TSSUANCE OF LICENSE BY CLERR Application for such license shall be made to the City Clerk and shall state the full name and address of the applicant, the location of the building to be occupied by the applicant in the conduct of his business, the kind of business to be conducted, and such other information as the City Clerk may require. The license shall be granted by the City Council and issued by the City Clerk upon payment of the required fee. 27.03 Page 2 Ordinance No. 12.04. LICENSE FEE; TERM; DATE The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. Licenses are not transferable. 12.05. DISPLAY OF LICENSE ON PREMISES Every such license shall be openly displayed in the place of business to which it has been issued. 12.06. PROHIBITED ACTS a. No person shall sell, give away, or otherwise furnish any cigarette, cigarette paper, tobacco, or tobacco products to any person under the age of eighteen years. b. No person shall keep for sale, sell, or dispose of any cigarette or other tobacco product containing opium, morphine, jimson weed, bella donna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug, except nicotine. c. No person shall sell or dispense any tobacco product through the use of a vending machine, unless the vending machine is electronically activated for each transaction by the licensee or a person in their employ, or unless the vending machine is in a nonpublic area with no minor access as verified by a premises survey conducted by the Frid3ey Police Department. d. No person shall offer for sale any tobacco product by means of self service merchandising, unless the display is in direct view of and in no case more than 20 feet from the primary cashier and meets one of the following security requirements; within three feet of the cashier or, in an enclosed case which registers an audible alarm when opened or, in a totally controlled separate area, or an approved electronic securit�r system is in place. The exception requirements must be verified by a premises survey conducted by the Department of Public Safety. e. Every licensee shall be responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of tobacco products by an employee to a person under 18 years of age shall be considered an act of the licensee for purposes of imposing an administrative penalty, license suspension, or revocation. 27.04 Page 3 Ordinance No. 12.07. ADMIIJISTR.ATIVE OFFENSES a. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of this ordinance. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. l. Individual. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may bring criminal charges in accordance with law. Likewise, the City, at it's discretion, may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation. 2. Licensee. At any time prior to the payment of the administrative penalty as is provided for hereafter, the licensee may withdraw from participation in the procedures in which event the City may permanently revoke the licensee's tobacco license in accordance with law. Likewise, the City, in it's discretion, may revoke the licensee's tobacco license in the first instance. In the event a licensee participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will suspend the licensee's tobacco license accordance with section 12.08 b of this ordinance . b. Notice. Any officer of the Fridley Police Department shall, upon determining there has been a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuing the notice and the amount of the scheduled penalty. c. Payment. Once such notice is given, the alleged violator may, within seven.(7) days of the time of issuance of the notice pay the amount set forth on the notice, or may request a hearing in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment shall 27.05 Page 4 Ordinance No. be deemed to be an admission of the violation. d. Hearing. Any person contesting an administrative offense pursuant to this Chapter may, within (7) days of the time of issuance of the notice, request a hearing by a hearing officer who shall conduct an informal hearing to determine if a violation has occurred. The hearing officer shall have the authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed. e. Hearing Officer. A City employee designated in writing by the City Manager shall be.the hearing officer. The hearing officer is authorized to hear and determine any controversy relating to administrative offenses provided for in this Chapter. f. Failure to Pay. In the everit a party charged with an administrative penalty fails to pay the penalty, if an individual, the party will be charged with the criminal offense. If a licensee, the Council will suspend the licensee's tobacco license. g. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City treasurer and will be deposited in the City's general fund. 12.08. VIOLATIONS a. Administrative Civil Penalties: Individuals. Any person who sells any tobacco product to a person under the age of 18 years is subject to an administrative penalty: and any person under the age of 18 who attempts to purchase a tobacco product is subject to an administrative penalty. The administrative penalties are as follows: First violation. The penalty for the first violation is $250. Second violation within 12 months. The penalty for the second violation is $500. Third violation within 12 months. The penalty for the third violation is $750. b. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the licensee shall be subject to an administrative penalty as follows: 27.os Page 5 Ordinance No. First violation. The penalty for the first violation is $500. If the fine is not paid within 7 days the City may suspend the license to sell tobacco products for a period not to exceed 10 days. Second violation within 12 months. The penalty for the second violation is $1000. If the fine is not paid within 7 days the City may suspend the license to sell tobacco products for a period not to exceed 30 days. Third violation within 12 months The City may permanently revoke the tobacco license. c. Defense. It is a defense to the charge of selling tobacco to a person under the age of 18 years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in State Statute section 340A.503. subdivision 6, paragraph ( a ) . d. Exemption. A person, no younger than 15 and no older than 17, may be enlisted to assist in the tests of compliance, provided.that written consent from the person's parent or guardian has been obtained and that the person shall at all times act only under�the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with an in-house program that has been pre-approved by the Fridley Police Department. A person who purchases or attempts to purchase tobacco-related products while in this capacity is exempt from the penalties imposed by subdivisions (a) above. e. Revocation. The City Council has the authority to revoke any license as noted in 11.08. 27.07 Page 6 Ordinance No. CHAPTER 11, GENER.AL PROVISIONS AND FEES. Section 11.10, "Fees" is amended to include the following: 3�- Cigarette Sales (see Tobacco) �9-� 12 Tobacco Products 125.00 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 21.08 MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 24, 1996 TO: William Bums, City Manage� �,,�I�' FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Declaring Certain Property as Excess, and Approving the Sale Thereof; Blocks 2- 6, Moore Lake Addition The City Council conducted a public hearing at its October 14, 1996 meeting regarding property located in the southeast corner of the interse�tion of 7"' Street and 61 �` Avenue. This property is generally bounded by 69�` Avenue on the north, 7t" Street on the west, West Moore Lake Drive o� the east, and unimproved 60`h Avenue on the south. Located on this prope�ty is the Community Education Center, the High School football field, and the north portion of the High School parking tot. lt is intended that this property be transferred to School District #14 ownership from the City. Transferring ownership will complete agreements originally established in 1957 which indicated a transfer of ownership befinreen the City and the School District for these properties. Recommendation Staff tecommends that the City Council approve the first reading of the attached ordinance declaring this property excess and approving its transfer_ MM/dw M-96-500 28.01 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF SECTION 1 The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Blocks 2- 6, inclusive, including vacated streets and alleys within Moore Lake Addition, Anoka County, Minnesota. Al1 lying in the North Half of Section 23, Township 30, Range 24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2 It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3 The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of said property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: 28.�2 WILLIAM J. NEE - MAYOR TO: WILLIAM W. BURNS, CITY MANAGER�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOAARD D. ROOLICR, ASSISTANT FINANCE DIRECTOR AALTER H. COLE, ACCOIINTING/DATA PROCESSING CLERR SIIBJECT: RESOLIITION CONFIRMING ASSESSMENT FOR EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST 1994-03 DATE: OCTOBER 28, 1996 On the attached pages you will find the Resolution Confirming Assessment for the East River Road Improvement Project No. St 1994- 03. The total cost of this project is $ 189,617.02. Listed below is the breakdown of the project and a summary of the assessable costs. The East River Road Improvement Project No. St 1994-03 involved: East River Road - Hartman Circle to Glen Creek Road The cost of this portion is $ 189,671.02 with $ 46,080.21 being assessed against the effected property owners @$ 9.00 per front foot. The remaining amount of $ 143,590.81 will be paid for from the City of Fridley's Capital Improvement Fund. All properties �essed under East River Road Improvement Project No, St 1994-03 wi be certified for Ten years at an interest rate of six and one half percent. 29.01 RESOLUTION NO. - 1996 RESOLUTION CONFIRMING AS3E83MENT FOR EA3T RIVER ROAD IMPROVEMENT PROJECT NO. ST 1994-03 BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has w�th the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST 1994-03 in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST 1994-03 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 29.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein.above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall�be certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST 1994-03 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 %) per cent per annum. 9. Such assessment shall be payable in Ten (10) annual installments payable on the first day of January in each year, beginning in the year 1997, and continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the Oifice of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 29.03 TO; WILLIAM A. BIIRNS, CITY MANAGER�� FROM: RICSARD D. PRIBYL, FINANCE DIRECTOR HOAARD D. ROOLICR, ASSiSTANT FINANCE DIRECTOR WALTER H. COLE, ACCOIINTING/DATA PROCESSING CLERR SIIBJECT; RESOLUTION CONFIRMING ASSESSMENT FOR MAIN STREET IMPROVEMENT pROJECT N0. ST 1994-08(COMMERCIAL) DATE: OCTOBER 28, 1996 On the attached pages you will find the Resolution Confirming Assessment for the Main Street Improvement Project No. St 1994.08. The total cost of this project is $ 177,702.30. Listed below is the breakdown of the project and a summary of the assessable costs. The Main Street Improvement Project No. St 1994-08 involved: Main Street - I-194 to 44th Avenue The cost of this portion is $ 177,702.30 with $ 173,111.02 being assessed against the effected commercial property owners @$8.00 per front foot for concrete curb and gutter and $ 3.03 per 100 square foot based on 75 o coverage for storm sewer. The remaining amount will be assessed to the residential properties. Al1 properties assessed under Main Street Improvement Project No. St 1994-08(Residential) will be certified for Ten years at an interest rate of six and one half percent. 30,01 RESOLUTION NO. - 1996 RESOLUTION CONFIRMING ASSESSMENT FOR MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(COMMERCIAL) BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engine�rs heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(COMMERCIAL) in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(COMMERCIAL) in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 30.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and correct�d; with the changes and alterations herein above made, are affirmed, adopted, anc� confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall,be certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for ' MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(COMMERCIAL) 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 %) per cent per annum. 9. Such assessment shall be payable in Ten (10) annual installments payable on the first day of January in each year, beginning in the year 1997, and.continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 30.03 TO: AILLIAM W. BIIRNS, CITY MANAGER✓,�,�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOAARD D. ROOLICR, ASSISTANT FINANC$ DZRECTOR WALTER $. COLE, ACCOIINTING/DATA PROC$S3ING CLERR SIIBJECT: RESOLIITION CONFIRMING ASSESSMENT FOR MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(RESIDENTIAL) DATE: OCTOBER 28, 1996 On the attached pages you will find the Resolution Confirming Assessment for the Main Street Improvement Project No. St 1994.08. The total cost of this project is $ 177,702.30. Listed below is the breakdown of the project and a summary of the assessable costs. The Main Street Improvement Project No. St 1994-08 involved: Main Street - I-194 to 44th Avenue The cost of this portion is $ 177, 702. 30 with $ 21, 728. 00 being assessed against the effected residential property owners @$8.00 per front foot for concrete curb and gutter. All properties assessed under Main Street Improvement Project No. St 1994-08(Residential) will be certified for Ten years at an interest rate of six and one half percent. 31.01 RESOLUTION NO. - 1996 RESOLUTION CONFIRMING AS3ESSMENT FOR MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(RESIDENTIAL) BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: l. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(RESIDENTIAL) in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the pro.posed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(RESIDENTIAL) in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 31.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall.,be certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for ' MAIN STREET IMPROVEMENT PROJECT NO. ST 1994-08(RESIDENTIAL) 8. The amounts assessed against ea�h lot, piece, or_parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 �) per cent per annum. 9. Such assessment shall be payable in Ten (10) annual installments payable on the first day of January in each year, beginning in the year 1997, and continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 31.03 TO: AILLIAM W. BIIRNS, CITY MANAGER�,�'� FROM: RICHARI) D. PRIBYL, FINANCE DIRECTOR HOWARD D. ROOLICR, ASSISTANT FINANCE DIRECTOR AALTER H. COLE, ACCOIINTING/DATA PROCESSING CLERR SUBJECT: RESOLIITION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST 1996-04 DATE: OCTOBER 28, 1996 On the attached pages you will find the Resolution Confirming Assessment for the Street Improvement Project No. St 1996-04. The total cost of this project is $ 260,301.41. Listed below is the breakdown of the project and a summary of the assessable costs: . The Street Improvement Project No. St 1996-04 involved: Mississippi Street and Third Street Intersection The cost of this portion is $ 260,301.41 with $ 55,000.00 being assessed against Holly Center. Anoka County will pay up to $60,000.00, $ 40,000.00 being paid to the HRA from Rottlund Homes and the remainder to be paid by The HRA. All properties assessed under Street Improvement Project No. St 1996-04 will be certified for Ten years at an interest rate of six and one half percent. 32.01 RESOLDTION NO. - 1996 RE30LIITION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT P1tOJECT NO. ST 1996-04 BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the STREET IMPROVEMENT PROJECT NO. ST 1996-04 in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the STREET IMPROVEMENT PROJECT NO. ST 1996-04 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 32.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lc�ts, pieces, or parcels of l.and respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall be certified by the City Clerk and filed in his office and shali thereupon be and constitute the special assessment for STREET IMPROVEMENT PROJECT NO. ST 1996-04 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 �) per cent per annum. 9. Such assessment shall be payable in Ten (10) annual installments payable on the first day of January in each year, beginning in the year 1997, and continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. . 10. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 32.03 TO: AILLIAM A. BIIRNS, CITY MANAGER �r�� Y FROM: SIIBJECT; DATE: RICHARD D. PRIBYL, FINANCE DIRECTOR HOAARD D. ROOLICR, ASSISTANT FINANCE DIRECTOR AALTER H. COLE, ACCOIINTING/DATA PROCESSING CLERR RESOLIITION CONFIRMING ASSESSMENT FOR 1995 STREET IMPROVEMENT PROJECT NO. 8T 1995 - 1& 2 OCTOBER 28, 1996 On the attached pages you will find the Resolution Confirming Assessment for the 1995 Street Improvement Project No. St 195-02. The total cost of this project is $ 588,749.02. Listed below is the breakdown of the project and a summary of the assessable costs. The 1995 Street Improvement Project No. St 1995 - 1& 2 involved: 68th Ave - Monroe to Brookview Arthur St - Camelot to Mississippi The costs of this portion is $ 588,749.02 with $ 21,495.00 being assessed against the effected residential property owners @$ 9.00 per front foot. The remaining amount of $ 567,254.02 will be paid for from the City of Fridley's Capital Improvement Fund. All properties assessed under 1995 Street Improvement Project No. St 1995-02 will be certified for Ten Years at an interest rate of six and one half percent. 33.01 RE30LIITION NO. - 1996 RE30LIITION CONFIRMING A33ESSMENT FOR 1995 STREET IMPROVEMEMENT PROJECT NO. ST 1995-02 BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: l. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the 1995 STREET IMPROVEMENT PROJECT NO. ST 1995-02 in said City against every assessable lot, pi:ece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the 1995 STREET IMPROVEMENT PROJECT NO. ST NO. 1995-02 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 33.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall be certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for 1995 STREET IMPROVEMENT PROJECT NO. ST 1995-02 8. The amounts assessed against each lot, p.iece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 �) per cent per annum. 9. Such assessment shall be payable in Ten (10) annual installments payable on the first day of January in each year, beginning in the year 1997, and continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during�said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 33.03 �l TO: WILLIAM W. BIIRN3, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLIITION CONFIRMING ASSES3MENT FOR STREET IMPROVEMENT PROJECT NO. ST. 1989-OS DATE: OCTOBER 24, 1996 At their July 22, 1996 meeting, the City Council approved a request form Steiner Development to spread the interest owed on two deferred special assessments over ten years. Steiner Development is building a. warehouse and office building at the corner of Osborne and Main Street. The PINs involved are 10-30-24-11-0025 and 11-30-24-22-0001. Under Steiner's request, the principal owing for 1990-1996 ($31,263.30) was paid with the building permit. The remaining four years of principal and interest thereon will be paid as scheduled and collected through this assessment. The interest that was owing on the 1990-1996 principal will be spread over the next ten years and also assessed. This assessment will be certified over a ten year period at zero (0.0%) percent interest. 34.01 RESOLUTION NO. - 1996 RESOLUTION CONFIRMING A33E38MENT FOR STREET IMPROVEMEMENT PROJECT NO. ST 1989-OS BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: - 1. The City Clerk has with the assistance of the engine�rs heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the STREET IMPROVEMENT PROJECT NO. ST 1989-05 in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has. been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the STREET IMPROVEMENT PROJECT NO. ST N0.1989-05 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 34.42 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall be certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for STREET IMPROVEMENT PROJECT NO. ST 1989-05 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 %) per cent per annum. 9. Such assessment shall be payable in Ten (10) annual installments payable on the first day of January in each year, beginning in the year 1997, and continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NLE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 34.03 TO: AILLIAM W. BORN3, CITY MANAGER FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOWARD D. ROOLICR, ASSI33TANT FINANCE DIRECTOR AALTER H. COLE, ACCOIINTING/DATA PROCESSING CLERR SIIBJECT: RESOLIITION CONFIRMING AS3ESSMENT FOR LOCRE LARE DAM RECONSTRIICTION PROJECT NO. 211 DATE: OCTOBER 28, 1996 On the attached pages you will find the Resolution Confirming Assessment for the Locke Lake Dam Reconstruction Project No. 211. The total cost of this project is $ 662,927.81. Listed below is the breakdown of the project and a summary of the assessable costs. The Locke Lake Dam Reconstruction Project No. 211 involved: Properties abutting Locke Lake Properties within the drainage area The cost of this portion is $ 662,927.81 with $ 190,536.00 being assessed against the effected residential property owners at the following �mounts: $ 3,056.00 for lots abutting the lake and for buiidable lots in the drainage area $ 389.00. The remaining amount to be paid from the following sources: State Grant $ 150.000.00, City of Fridley's Storm Water Fund $ 322,391.81. All properties assessed under Locke Lake Dam Reconstruction Project No. 211 will be certified for Ten years at an interest rate of six and one half percent. 35.0 y RESOLUTION NO. - 1996 RESOLIITION CONFIRMING ASSES3MENT FOR LOCRE LARE DAM RECONSTRIICTION PROJECT NO. 211 BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for �he LOCRE LARE DAM RECONSTRIICITON PROJECT N0.211 in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the LOCRE LARE DAM RECONSTRIICTION PROJECT N0.211 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 35.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper,special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shali,be certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for ' LOCRE LARE DAM RECONSTRUCTION PROJECT NO. 211 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 �} per cent per annum. 9. Such assessment shall be payable in Ten (10) annual installments payable on the first day of January in each year, beginning in the year 1997, and continuing until all of said insta�lments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 35.03 TO: WILLIAM W. BIIRN3, CITY MANAGER_�'r�� FROM: RICHARD D. PRiBYL, FINANCE DIRECTOR HOWARD D. ROOLICR� ASSISTANT FINANCE DIRECTOR WALTER H. COLE, ACCOUNTING/DATA PROCESSING CLERR 5UBJECT: RESOLUTION CONFIRMING A33E33MENT FOR STONYBROOR CREER BANR STABILIZATION PROJECT NO. 246 DATE: OCTOBER 28, 1996 On the attached pages you will find the Resolution Confirming Assessment for the Stonybrook Creek Bank Stabilization Project No. 246. The total cost of this project is $ 385,121.81. Listed below is the breakdown of the project and a summary of the assessable costs. The Stonybrook Creek Bank Stabilization Project No. 246 involved: Craigbrook Way - East River Rd to Alden Way Stonl�brook Way - East River Rd to Alden Way Alden Way - Craigbrook Way to Stonybrook Way The cost of this portion is $ 385,121.81 with $ 36,000 being assessed against the effected residential property owners at $ 2,000.00 per property. The remaining amount of $ 349,121.81 will be paid from the following sources: $ 89,000.00 from Ad Valorem Taxes, $ 50,000 from other cities, and $ 210,121.81 from the City o� Fridley's Storm Water Fund. All properties assessed under Stonybrook Creek Bank Stabilization Project No. 246 will be certified for Fifteen years at an interest rate of six and one half percent. 36.01 RESOLIITION NO. - 1996 RESOLUTION CONFIRMING ASSESSMENT FOR STONYBROOK CREEK BANR STABILIZATION PROJECT NO. 246 BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: l. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the STONYBROOR CREER BANR STABILIZATION PROJECT NO. 246 in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the STONYBROOR CREER BANR STABILIZATION PROJECT NO. 246 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 36.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall be certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for STONYBROOR CREER BANR STABILIZATION PROJECT N0. 246 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 �) per cent per annum. 9. Such assessment shall be payable in Fifteen (15) annual installments payable on the f irst day of January in each year, beginning in the year 1997, and continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 36.03 TO: AILLIAM A. BIIRNS, CITY MANAGER,�r�� FROM: RICHARD D. PRIBYL,.FINANCE DIRECTOR HOAARD D. ROOLICR, ASSISTANT FINANCE DIRECTOR AALTER H. COLE, ACCOIINTING/DATA PROCESSING CLERIC SIIBJECT: RESOLIITION CONFIRMING ASSESSMENT FOR 1996 TREES DATE: OCTOBER 28, 1996 On the attached pages you will find the Resolution Confirming AssessmE�nt for the 1996 Trees. The total cost of this assessment is $ 1, �t40. 81. The 199E� Tree assessment involved the following property: 7892 Fiz�wood Way All properties assessed under 1996 Trees will be certified for Five years at, and interest rate of six and one half percent. 37.01 RESOLIITION NO. - 1996 RE80LIITION CONFIRMING ASSESSMENT FOR 1996 TREES BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the 1996 TREES in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since�its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persans to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the 1996 TREES in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 37.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall be certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for 1996 TREES 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 �) per cent per annum. 9. Such assessment shall be payable in Five (5) annual installments payable on the first day of January in each year, beginning in the year 1997, and continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 37.03 TO: WILLIAM W. BIIRNS, CITY MANAGER� �� >B' FROM: RICHARD D, pRIBYL, FINANCE DIRECTOR HOAARD D. ROOLICR, ASSISTANT FINANCE DIRECTOR AALTER H. COLE, ACCOIINTING/DATA PROCE3SING CLERK SOBJECT: RESOLIITION CONFIRMING ASSESSMENT FOR 1996 NIIISANCE DATE: OCTOBER 28, 1996 On the attached pages you will find the Resolution Confirming Assessment for 1996 Nuisance. The total cost of this assessment is $ 5,086.51. Listed below is the properties that will be assessed: 218 57th Place 4680 2nd Street 211 45th Avenue 251 57th Avenue All properties assessed under the 1996 Nuisance will be certified for one year at an interest rate of six and one half percent. 38.01 RESOLIITION NO. - 1996 RESOLIITION CONFIRMING A33ESSMENT FOR 1996 NIIISANCE BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the 1996 NIIISANCL in said City against every assessable 1ot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed and the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the 1996 NIIISANCE in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective Iots, pieces, or parcels of Iand therein described. 38.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall be certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for 1996 NIIISANCE 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 �) per cent per annum. 9. Such assessment shall be payable in One (1) annual installment payable on the first day of January in each year, beginning in the year 1997, and continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 38.03 TO: AILLIAM W. BIIRNS, CITY MANAGER y��'� � , FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOAARD D. ROOLICR, ASSISTANT FINANCE DIRECTOR WALTER H. COLE, ACCOIINTING/DATA PROCESSING CLERK SOBJECT: RESOLIITION CONFIRMING FINAL ASSESSMENT FOR 1996 SERVICE CONNECTION DATE: OCTOBER 28, 1996 On the attached page you will find the Resolution Confirming Assessment for 1996 Service Connection. The total cost of these connections is $ 23,996.00. The 1996 Service Connection involved two properties located at 5660 and 5650 Main St. These properties will be certified for Twenty Years at an interest rate of six and one half percent. 39.01 RESOZUTION NO. - 1996 RESOLIITION CONFIRMING ASSESSMENT FOR 1996 SERVICE CONNECTION BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the 1996 SERVICE CONNECTION in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the 1996 SERVICE CONNECTION in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 39.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shall be certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for 1996 SERVICE CONNECTION 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 %) per cent per annum. 9. Such assessment shall be payable in Twenty (20) annual installments payable on the first day of January in each year, beginning in the year 1997, and continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERK 39.03 TO: AILLIAM A. BURNS, CITY MANAGER,�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR HOAARD D. ROOLICR, A3SISTANT FINANCS DIRECTOR WALTER H. COLE, ACCOQNTING/DATA PROCESSING CLERR SIIBJECT: RESOLIITION CONFIRMING FINAL ASSE38MENT FOR 64TH STORM AATER IMPROVEMENT PROJECT NO 260 DATE: OCTOBER 28, 1996 On the attached page you will find the Resolution Confirming Assessment for 64th Storm Water Improvement Project NO. 260. The total cost of this project is $ 173,105.08. This Assessment involved only one property which was in dispute during the past two years, the other properties were certified in 1994. This property will be,certified for Fifteen Years at an interest rate of six and one half percent. 40.01 RESOLIITION NO. - 1996 RESOLUTION CONFIRMING ASSE$SMENT FOR 64TH STORM WATER IMPROVEMENT PROJECT NO. 260 BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engineezs heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the 64TH STORM WATER IMPROVEMENT PROJECT NO. 260 in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showzng the proper description of each and every lot, piece, or parcel of land to be specially assessed ant the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except: 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the 64TH STORM WATER IMPROVEMENT PROJECT NO. 260 in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 40.02 Page 2- Resolution No. - 1996 6. Such proposed assessment as altered, modified, and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modified, and corrected, with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, shallrbe certified by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for 64TH STORM WATER IMPROVEMENT PROJECT NO. 260 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereto until the same has been paid at the rate of six and one half ( 6 1/2 $) per cent per annum. 9. Such assessment shall be payable in Fifteen (15) annual installments payable on the first day of January in each year, beginning in the year 1997, and continuing until all of said installments shall have been paid, each installment to be collected with taxes and collectable during said year by the County Auditor. l0. The City Clerk is hereby directed to make up and file in the Office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF OCTOBER, 1996 ATTEST: WILLIAM J. NEE - MAYOR WILLTAM C. CHAMPA - CITY CLERK 40.03