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12/08/1997 - 4805OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING DECEMBER �, 1997 8, � .� � unor Fwa.�v FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET ° Manday, 'Decembe�c 8, 199� � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NiiNlRF.R 4 -� ��� �' co, �� � 11 , - ` ` C �= �= L" i'`,1 � - " l � _' c-c-c.-�.� GL�f�. � (� �4� � J /�, � ;, �� , ?'j / r ,- ,, , t � � ��`�� ; > �� ; �.-, �- ' � ,✓� ' � ', . ,� , � �- � �'' --) " ,�'3 ' % J( , i GL t,� y' � � �. �,� G' G �' t%�_�-� � �.���L��-- ! ��''- l ( I l � /�� , J%Z.r,-�__ �' l lC) �. t i �Z.�.�. , �. �: � ! �, ,�ti e ��/ ' °{- � � '� � :^ /� � Q- ./' l'_ � � «� oF FRIDLEY FAIDLEY CITY COUNCIL MEETING OF DECEMBEB 8,1997 T'he City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or employment in its services, programs, or activiries because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodarion will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabiliries who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of November 24, 1997 Special City Council Meeting of November 29, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Pianning Commission Meeting of November 19, 1997 ....................................1.01-1.15 Approve Amendment to Service Agreement Between the City of Fridley and Weyerhaeuser Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02 m FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Approve 1998 GIS Range Rider Proposal with PlanSight, LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.10 Resolution Authorizing an Increase in Compensation for Fridley City Employees for the 1998 Calendar Year ....................................4.01-4.02 Receive Proposals for Insurance and Risk Management Services; and Resolution Approving an Agent's Insurance Service Agreement with Corporate 4 Insurance Agency, Inc. . . . . . . . . . . . . . . . . 5.01 - 5.10 Resolution in Support of a Renewal Application for a Minnesota Lawful Gambling Premise Permit to CLIMB . (Creative Learning in Mind and Body) Theatre Company (Maple Lanes, 6310 Highway 65 N. E. ) (Ward 2) . . . . . . . . . . . . . . . . . . . 6.01 - 6.03 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Claims Licenses ....................................7.01 � .................................... 8.01 -8.02� � Esti mates: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARING: Local Law Enforcement Block Grant in the Amount of $21,679 OLD BUSINESS: ........................10.01 Preliminary Plat, P.S. #97-04, Heather Hills North, by The Philip Stephen Companies, to Resubdivide the Property Generally Located at 6217 Central Avenue N.E. (Ward 2) (Tabled November 10, 1997) . . . . . . . . . . . . . . . . . . . . . . . . . � 0 11.01 - 11.49 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 Page 4 NEW BUSINESS: Resolution Adopting a Budget for the Fiscal Year 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.03 � � Resolution Declaring the Necessity to Levy a Tax Which Appears to be in Excess of 16 Mills and Certifying Tax Levy Requirements for 1998 to the County of Anoka for Collection ...................... 13.01 -13.03 Approve the 1998 Agreement Between the City of Fridley and the Fridley Communications Workshop (E.T.C. Channel 35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.03 Informal Status Reports ; 0 ADJOURN: ..............................15.01 G���� �� QiY OF FRIDLEY FI�IDLEY CITY COUNCIL MEETIIITG OF DECEMBEK 8,1997 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatrnent, or employment in its services, pr.ograms, or activities because of race, color, creed, religion, narional origin, sex, disability, a�e, marital status, sexual orientation or status with regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabiliries who require awciliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of November 24, 1997 � •/ � � . � e,;. ��-L / ✓ /, � Special City Council Meeting of November 29, 1997 } , �'� l jv ��.rti" / APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of November 19, 1997 ............. 1.01-1.15 �/� ��� d`L' �_ � � Approve Amendment to Service Agreement Between the City of Fridley and Weyerhaeuser Company . . . . . . . . . . . . 2.01 - 2.02 G 1; ,`��`,�.��_ �� j, Approve 1998 GIS Range Rider Proposal with PlanSight, LLC . . . . . . . . . . 3.01 - 3.10 o� f / L, , ,,,,;-' �% � 1�i NEW BUSINESS (CONTINUED): Resolution Authorizing an Increase in Compensation for Fridley City Employees for the 1998 Calendar Year . . . . . . . . . . . . . 4.01 - 4.02 � --- _ _. �=. �-� f�,,C�:�-� ��,.-. Receive Proposals for Insurance and Risk Management Services; and Resolution Approving an AgenYs Insurance Service Agreement with Corporate 4 Insurance Agency, Inc. ............5.01-5.10 �� �-- -� .�— v--.�7�,� �E� : Resolution in Support of a Renewal Application for a Minnesota Lawful Gambling Premise Permit to CLIMB (Creative Leaming in Mind and Body) Theatre Company (Maple Lanes, 6310 Highway 65 N.E.) (VVard 2) . . . . . . . . . . . . . 6.01 - 6.03 Claims Licenses Estimates: - ._. . � � �'�, �.�ti ���_L � � /�. �r•. .�-. 7.01 % ��1:' /�: `�:,-�� 8.01 - 8.02 f' rl �. ,��,,,,✓�`. . . . . 9.01 �Z ADOPTION OF AGENDA: �c.1 �;��r�:�� �. ..��- C'-C �..—Y -�� _.� �,�.�..r- � Z � t- l 3 �- cb,�-�'� ( � ,.z- j z . OPEN FORUM. VISITORS: (Consideration of Items not on Agenda -15 Minutes) n ��;.,,� ������� PUBLIC HEARING: Local Law Enforcement Block Grant in the Amount of 21,679 ....... 10.01 �''�'�%� 7 lZ � � ,�S OLD BUSINESS: Preliminary Plat, P.S. #97-04, Heather Hills North, by The Philip Stephen Companies, to Resubdivide the Property Generally Located at 6217 Central Avenue N.E. (Ward 2) (Tabled November 10, 1997) . . . . . . . . . 11.01 - 11.49 �� . �;-�-�t.��� NEW BUSINESS: Resolution Adopting a Budget for the Fiscal Year 1998 12.01 - 12.03 � r - �'.�,�1/Ji/� .L2� ''�����.�.M. . i` SResolution Declaring the Necessity to Levy a Tax Which Appears to be in Excess of 16 Mills and Ce�tifying Tax Levy Requirements for 1998 to the County of Anoka for Collection ..... 13.01 -13.03 ��C; -'�-� �t� . .: � , NEW BUSINESS (CONTINUED): Approve the 1998 Agreement Between the City of Fridley and the Fridley Communications Workshop (E.T.C. Channei 35) . . . . . . . . . . . . . 14.01 -14.03 G�; /L/,ir�,--.,_,Y.,�, G .� -� / �'�''�= Informal Status Reports . . . . . . . . . . . . . 15.01 �,���-�-�-`Z ��'.�z--' U ADJOURN: , ,� � U ��,i �l THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEI�ER 24 , 1997 v THE MINUTES OF THE REGULAF2 MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEN�ER 24, 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:34 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None PRESENTATION: CERTIFICATE OF COMNNiENDATION TO SHIRLEY EARLEY: Mr. Sallman, Public Safety Director, recognized Ms. Earley for her efforts in preventing a crime with the Police Department's apprehension of a burglary suspect on September 15. The Police Department has a Neighborhood Crime Watch Program, and they need the assistance of the public. In this case, Ms. Earley noticed a suspicious person at a neighbor's home and called the police. Mr. Sallman presented Ms. Earley with a certificate of commendation for her assistance in helping deter crime in the community. APPROVAL OF MINUTES• COUNCIL MEETING, NOVEMBER 10, 1997: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. SECOND READING OE AN ORDINANCE AMENDING CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION," BY AMENDING SECTION 113.07, AND ALSO AMENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND FEES," BY 1�MENDING SECTION 11.10, "FEES : " Mr. Burns, City Manager, stated that this was the second reading of this ordinance which would increase the recycling fee from $4.00 to $6.00 per quarter. The additional revenue is needed to cover the operation of the City's weekly curbside FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 2 recycling program and the operation of the redemption center. A public hearing was held on October 27 with no one from the public testifying. THIS ITEM WAS REM0�7ED FROM TAE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEN�ER 5, 1997: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 5, 1997. 3. SPECIAL USE PERMIT, SP #97-09, BY GREG ASPROTH OF UNIVERSITY BILLIARDS, INC., TO ALLOW THE EXPANSION OF A CONIl�lERCIAL RECREATION FACILITY IN AN INDUSTRIALLY-ZONED DISTRICT, GENERALLY LOCATED AT 7178 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Burns, City Manager, stated that this special use permit would allow the petitioner to construct a 2,778 square foot addition. The special use permit is for a commercial recreation use in an industrial building. City staff and the Planning Commission recommend approval with five stipulations, which he outlined. GRANTED SPECIAL USE PERMIT, SP #97-09, WITH THE FOLLOWING STIPULATIONS: (1) NO JUVENILES SHALL BE ALLOWED IN THE UNIVERSITY BILLIARDS FACILITY WITHOUT THEIR PARENTS BEYOND THE CURFEW TIME FOR THEIR AGE GROUP; (2) THE PETITIONER SHALL PROVIDE ADEQUATE ADULT STAFF AT ALL TIMES WITH AT LEAST TWO ADULTS ON STAFF FROM 6:00 P.M. TO CLOSING ON FRIDAYS AND SATURDAYS; (3) THE PETITIONER SFiP.LL PATROL THE PARKING LOT AND REPORT SUSPICIOUS ACTIVITIES TO THE POLICE; (4) NO ALCOHOLIC BEVERP.GES SHAI�L BE SERVED OR ALLOWED ON THE PREMISES; AND (5) THE DEVELOPMENT OWNER SHALL NOTIFY THE CITY OF FUTURE ADDITIONS/EXPANSIONS OF VACANT BUILDING SPACE AND SHALL ACCEPT LIMITATIONS ON OCCUPANCY OF REMAINING VACANT SPACE SHOULD PARKING SHORTAGES RESULT. THE DEVELOPMENT OWNER SHALL AGREE, IN WRITING, TO ACCEPT THIS STIPULATION PRIOR TO THE APPROVAL OF THE SPECIAL USE PERMIT. 4. SPECIAL USE PERMIT RE� FRIENDLY CHEVROLET/GEO UEST, SP #97-10, BY RON STELTER OF TO ALLOW THE EXPANSION OF AN AUTOMOBILE SALES FACILITY, GENERALLY LOCATED AT 7501 HIGHWAY 65 N.E. (WARD 2): Mr. Burns, City Manager, stated that this special use permit would allow the construction of 104,650 square foot parking lot. City staff and the Planning Commission recommend approval with six stipulations, which he outlined. GRANTED SPECIAL USE PERMIT, SP #97-10, WITH THE FOLLOWING STIPULATIONS: (1) NO CARS SHALL BE PARKED IN THE BOULEVARD OR FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 29, 1997 PAGE 3 ON ANY LANDSGAPED AREAS; (2) THE PETITIONER SHALL PROVIDE CURB AND GUTTER AIANG THE ENTIRE PERIME TER OF THE PARKING AREA; (3) THE PETITIONER SHALL SUBMIT A NEW LANDSCAPE PLP.N TO BE APPROVED BY THE CITY PRIOR TO THE CO1��tENCEMENT OF THE PP.RKING RECONFIGURATION; (4) BARBED WIRE SHALL NOT BE INSTALLED IF THE EXPANDED PARKING AREA IS FENCED; (5) THE PARKING SPACES SHAT•T• BE STRIPED AT TEN FEET; AND (6) NO CARS OR OTHER VEHICLES SHALL BE PARKED IN A MANNER SO AS TO IMPEDE THE FREE TRAVEL OF VEHICLES IN AREAS INTENDED AS DRIVE AISLES. 5. RESOLUTION NO. 103-1997 AMENDING THE HOUSING REPLA�EMENT DISTRICT PLAN FOR HOUSING REPLACEMENT DISTRICT NO. 1 TO INCLUDE PHASE II• Mr. Burns, City Manager, stated that the original Housing Replacement District Plan was created by the Housing and Redevelopment Authority (HRA) in October, 1995. The creation of the district allows the HRA to collect tax increment from scattered site developments for a period of fifteen years. The program allows the HRA to designate up to ten sites per year over a ten-year period, but no more than fifty sites can be included in the program. Eight sites were identified in 1995, and five additional sites are proposed. These five additional sites were approved by the HRA at their November 13, 1997 meeting. ADOPTED RESOLUTION NO. 103-1997. 6. P.PPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE ANOKA CONSERVATION DISTRICT AND THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this agreement is the vehicle by which the City is reimbursed for its Wetland Conservation Act expenses. It covers the year 1998. APPROVED THE MEMORANDUM OF UNDERSTANDING BETWEEN THE ANOKA CONSERVATION DISTRICT AND THE CITY. 7. APPROVE TERMINATION AND RELEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND VANTAGE PROPERTIES, INC.: Mr. Burns, City Manager, stated that this agreement pertains to the Wholesale Club development agreement between the City and Vantage Properties. This termination and release agreement is needed in order to close the sale between Wal-Mart Stores, Inc. and Bachman's and to record the Walton Addition plat. Staff has reviewed the original agreement and concurs that the agreement should be nullified as the obligations of the developer in the 1986 agreement have been satisfied. APPROVED THE TERMINP.TION AND RELEASE AGREEMENT BETWEEN THE CITY AND VANTAGE PROPERTIES, INC. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 4 8. APPROVE CHANGE ORDER NO. 3 TO I-694/TH 47 NE RAMP RECONSTRUCTION PROJECT NO. ST. 1997-3: Mr. Burns, City Manager, stated that the Minnesota Department of Transportation has added a minor work order and a supplemental agreement to this project. The minor work order covers additional hand holes, trenching, and rigid steel conduit which will be used for traffic signal interconnection. The supplemental agreement between MnDOT and the contractor regards the price of bituminous pavement. The entire amount will be reimbursed by MnDOT. Staff recommends approval of this change order in the amount of $11,819.50. AUTHORIZED CHANGE ORDER NO. 3 WITH FOREST LAKE CONTRACTING, INC. FOR I-694/TH 47 NE RAMP RECONSTRUCTION, PROJECT NO. ST. 1997-3, IN THE AMOLJNT OF $11,819.50. 9. RESOLUTION NO. 104-1997 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STRE�T IMPROVEMENT PROJECT NO. ST. 1998-1: ADOPTED RESOLUTION NO. 104-.1997. 10. RESOLUTION NO. 105-1997 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: RICE CREEK IMPROVEMENT PROJECT NO. 309: ADOPTED RESOLUTION NO. 105-1997. 11. RESOLUTION NO. 106-1997 OF THE CITY OF FRIDLEY, MINNESOTA, AUTHORIZING THE MAYOR AND THE CITY MANAGER TO SIGN THE JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE ANOKP,-HENNEPIN EM NARCOTICS PND VIOLENT CRIMES TASK F'OKCr: : Mr. Burns, City Manager, stated that this Task Force includes the Anoka County Sheriff's office, Blaine, Coon Rapids, Anoka, Brooklyn Park, Brooklyn Center, Maple Grove, and, if approved, Fridley. This is a multi-agency group that has been established to investigate narcotics offenses. Fridley's participation makes sense for the following reasons: narcotics cases are by their nature multi-jurisdictional and very labor intensive; a multi-jurisdictional agency will be more successful in attractinq grant funding; as participants, the City will also participate in the proceeds from forfeiture of property; and the Task Force will also provide a significant manpower pool for the investigation of other major crimes. Mr. Burns stated that the City's participation comes with some cost. As a member, the City would be expected to assign one officer to the Task Force. If approved, the City's involvement would begin January 1, 1998, and would continue until the City withdraws or until the Task Force is dissolved. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 5 ADOPTED RESOLUTION NO. 106-1997. 12. ACCEPT CONDITIONS OF COPS MORE GRANT IN THE AMOUNT OF $88,350 (IN PARTNERSHIP WITH COLUMBIA HEIGHTS AND SPRING LAKE PARK POLICE DEPARTMENTS FOR THE PURCHP.SE OF LIVE SCAN FINGERPRINT CAPTURE EQUIPMENT AND A PHOTO-IMAGING SYSTEM): Mr. Burns, City Manager, stated that this grant has been solicited by the cities of Fridley, Columbia Heights, and Spring Lake Park. These funds will enable the City to purchase photo imaging and live scan fingerprint capture equipment. Fridley's participation in the 25 percent match for the grant will be $15,000. The equipment is to be housed and used in Fridley by existing personnel. A supplemental appropriation for the City's share of the match will be needed at a later date since these funds are not budgeted. ACCEPTED CONDITIONS OF COPS MORE GRANT. 13. ESTABLISH A PUBLIC HEARING FOR DECEMBER 8, 1997, FOR LOCAL LAW ENFORCEMENT BLOCK GRANT IN THE AMOUNT OF 21,679: Mr. Burns, City Manager, stated that the Block Captains Advisory Board will meet December 1, 1997 to consider staff's recommendation for use of this grant. It is expected that most of the money will be used to purchase a speed trailer which will include a display board, register the numbers and speeds of vehicles by time of day and make calculations. The public hearing for this item is scheduled for December 8, 1997. SET PUBLIC HEARING FOR DECEMBER 8, 1997, FOR THE LOCAL LAW ENFORCEMENT BIACK GRANT. 14. RESOLUTION NO. 107-1997 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAI�LING PREMISES PERMIT TO FRIDLEY AMERICAN LEGION, POST 303 ( 7365 CENTRAI� AVENiJE N. E.) (WARD 2): ADOPTED RESOLUTION NO. 107-1997. 15. RESOLUTION NO. 108-1997 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE5 PERMIT TO LIONS CLUB OF JOE DIMAGGIO! DRIVE ADOPTED RESOLUTION NO. 108-1997. 16. APPOINTMENT: CITY EMPIAYEES: T MOORE I,AKE Mr. Burns, City Manager, recommended the appointment of Mark Daly as Program Supervisor. Mark has a Bachelor of Science Degree from Mankato State University majoring in recreation and leisure services. He has over eight years of part and full-time work with the City of Sprinq Lake Park which includes various positions in the recreation area. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 6 Mr. Burns stated that Lee Hollom is recommended for appointment as a Public Services Worker in the Parks Section. Lee's background includes classes on golf course management at Anoka-Hennepin Technical College and experience in welding, playground equipment installation and repair, and excavation. He has been a Seasonal Public Services Laborer for Fridley and a light equipment operator for the City of Anoka. CONCURRED WITH THE FOLLOWING APPOINTMENTS BY THE CITY MANAGER: Name Mark Daly Lee Hollom Position Program Supervisor Exempt Public Serv' s Worker-Parks Non-exempt 17. CLAIMS: Starting Salary $36, 143 per year $11.86 per hour Startinq Date Dec. l, 1997 Dec. 8, 1997 Replaces Richard DeGardner, Jr. Emmett Gosselin AUTHORIZED PAYMENT OF CLAIM NOS. 77624 THROUGH 77883. 18. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 19 . ESTIMP.TES : APPROVED THE ESTIMATES, AS FOLLOWS: M.D. Magney Construction, Inc. 19245 Highway 7 P.O. Box 249 Excelsior, MN 55331 Design Well House No. 1 Project No. 298 Estimate No . 3 . . . . . . . . . . Diversified Paving 8019 - 146th Avenue N.W. Ramsey, MN 55303 . . . . $64,735.85 1997 Driveway Paving Project No. 307 Estimate No. 4 . . . . . . . . . . . . . . . $ 6, 100.40 FRIDLEY CITY COUNCIL MEETING OF NOV£MBER 24, 1997 PAGE 7 Forest Lake contracting 14777 Lake Drive Forest Lake, MN 55025 I-694/TH 47 NE Ramp Reconstruction Project No. ST. 1997-3 Estimate No. 3 . . . . . . . . . . . . . . . $58, 687.57 No persons in the audience spoke regarding the proposed consent agenda. Councilman Schneider requested that Item 1 be removed from the consent agenda. MOTZON by Councilman Barnette with the exception of Item 1. Upon a voice vote, all voting motion carried unanimously. ADOPTION OF AGENDA• to approve the consent agenda items Seconded by Councilman Schneider. aye, Mayor Jorgenson declared the MOTION by Councilman Schneider to adopt the agenda with the addition of Item 1 from the consent agenda. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: 20. PUBLIC HEARING TO CONSIDER AUTHORIZING THE SUBMITTAL OF A GR�1NT APPLICATION TO THE STATE OF MINNESOTA FOR THE ONAN CORPORATION: 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 Jorgenson declared the motion carried unanimously and the public hearing opened at 7:48 p.m. Mr. Burns, City Manager, stated that this hearing is to consider authorizing the submittal of a grant application to the State of Minnesota on behalf of Onan Corporation, a subsidiary of Cummins Engine, Inc. This loan would be from the State's Investment Fund in the amount of $360,000. The loan would be forgiven if, after a period of five years, Onan has created a minimum of 144 jobs having an average annual salary of $15,000 per year. The City is responsible for completion of semi-annual compliance reports. Mr. Burns stated that Onan has been manufacturing small gasoline engines and small generators in Huntsville, Alabama. With the decision to out source the production of small gasoline engines, FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 8 Onan decided to move the manufacturing of small "gensets" to one of their other facilities where there was surplus space. Several other sites were considered, as well as Fridley. The incentive package from the State of Minnesota, along with other moves �t Onan's Fridley operation to cut costs of production, have been instrumental in the decision of Cummins to move the small "genset" operation to Fridley. Mr. Burns stated that although the City does not expect to receive any of the proceeds from the loan, the City is required by the State to establish guidelines for an economic development revolving loan fund. The Community Development Department has prepared these guidelines and a resolution for their adoption. Mr. Dan Seebart and Mr. Woody Nelson are here this evening to answer any questions. Councilman Schneider asked Mr. Seebart what type of jobs would be generated by this move from Alabama. Mr. Seebart, Director of Fridley Operations for Onan, stated that there would be approximately thirty salaried positions in manufacturing, as well as positions in production. Their primary application for this particular operation is for installation in mobile homes. Councilman Barnette asked if local persons would be filling these positions. Mr. Seebart stated that they have not been very successful in enticing the personnel from Alabama to relocate to Minnesota. The vast majority of the positions will be filled locally. Mayor Jorgenson asked when the move would be completed and how soon they would be hiring personnel. Mr. Seebart stated that they will have transferred all their operations by the end of February, 1998. They are now actively recruiting for personnel to fill these positions. Councilman Schneider asked how many persons were affected when this operation was relocated to Alabama. Mr. Seebart stated that approximately 95 people were affected. The export business in Asia was rapidly growing, and there was not a layoff at that time. Councilman Barnette asked the minimum and maximum salary scales. Mr. Seebart stated that there were many entry level positions requiring a high school education and general assembly positions where specific skills are not required. The machining and fabrication portion of the operation does require some specific skills. The pay scale for production workers is a minimum of $12.00 per hour, and the maximum is $17.00 per hour. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 9 Councilman Schneider asked if this move requires any expansion at Onan. � Mr. Seebart stated that there is considerable investment inside their facility to accommodate this transfer. No other persons in the audience spoke regarding this grant application for Onan Corporation. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 7:55 p.m. NEW BUSINESS: 21. FIRST READING OF AN ORDINANCE ESTABLISHING BY INTERIM ORDINANCE AN EXTENSION TO A PREVIOUSLY ESTABLISHED MORATORIUM WITHIN THE CITY OF FRIDLEY ON THE CONSTRUCTION OF NEW COMMUNICATION AND ANTENNA ARRAY TOWERS AND ON THE USE AND DEVELOPMENT OF PROPERTY FOR SUCH NEW TOWERS THEREBY �+.MENDING THE CITY CODE BY ADDING A NEW SECTION FOR THAT PURPOSE: Ms. Dacy, Community Development Director, stated that as Council was aware, the City has a moratorium applicable to the installation of wireless antennas and facilities. One of the providers suggested that the moratorium be extended in order for the City to complete its process of adding additional sites. The additional sites the City will be evaluating are Agro-K, Onan, Al1 Temp Storage, Parson's Electric, City-owned land south of Springbrook Nature Center, United Defense Water Tower, and City right-of-way located adjacent to I-694 between Fifth and Sixth Streets. Ms. Dacy stated that a letter was received from Gary Gandrud on behalf of Sprint PCS.indicating that they felt an extension of the moratorium was unnecessary and punitive to some providers. Mr. Gibbs, representing US West Wireless, submitted a letter in favor of extending the moratorium; however, he contacted staff and retracted his request to extend the moratorium. One of the sites his client was interested in was an approved site. The City no longer has any request from providers to extend the moratorium. However, Council may, at its discretion, extend the moratorium for the purpose of evaluating the additional sites. Mr. Gandrud was at the meeting if Council had any questions. Councilman Schneider asked, from staff's viewpoint, if there was any need to extend the moratorium. Ms. Dacy stated that the process had been initiated for the additional sites. It will be coming to Council in about a month. She did not see a reason to extend the moratorium. Councilman Billinqs asked if it is necessary to extend the moratorium to protect any aspects of the telecommunications ordinarice the Council may be adopting this evening. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 10 Ms. Dacy stated that if the moratorium is not extended it will not affect the telecommunications ordinance the Council was considering for adoption this evening. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voted nay, and Mayor Jorgenson declared the motion failed. OLD BUSINESS: 1. ORDINANCE NO. 1111 AMENDING CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION," BY AMENDING SECTION 113.07, AND ALSO AMENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND FEES," BY �1MENDING SECTION 11.10, "FEES:" Councilman Schneider stated that he requested this item be removed from the consent agenda, as he intends not to vote for this increase in fees. MOTION by Councilwoman Bolkcom to waive the reading and adopt Ordinance No. 1111 on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, Councilwoman Bolkcom, Councilman Billings, Councilman Barnette, and Mayor Jorgenson voted in favor of the motion. Councilman Schneider voted against the motion. The motion carried by a four to one vote. 22. ORDINANCE NO. 1112 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY ADDING NEW SECTION 205.29, "O-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT;" TO AMEND SECTIONS 205.06, 205.17.O1.C.(7), 205.18.O1.C.(7), 205.19.02.C. (5) , 205.20.O1.C. (1) , AND 205.12.02.A. (7) ; AND TO AMEND CHAPTER 11, "GENERAL PROVISIONS AND FEES:" Ms. Dacy, Community Development Director, stated that there have been a few amendments and some minor changes to title blocks and references between sections since the first reading of this ordinance on November 10, 1997. These changes were included in Council's agenda book. The effective date of this ordinance was March 16, 1998 based on the premise that the moratorium would be extended. This, however, was not done, so there is no need for this sentence referrinq to the effective date of this ordinance. Mayor Jorgenson asked when the ordinance would take effect. Ms. Dacy stated that if no specific date was listed, the ordinance would take effect fifteen days after the date of publication. The title and summary of this ordinance would be published in next week's Focus News. MOTION by Councilman Barnette to waive the reading and adopt Ordinance No. 1112 on the second reading. Further, to amend this ordinance by deleting the effective date of March 16, 1998. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 11 MOTION by Councilman Billings to order the publication of the official title and summary of Ordinance No. 1112. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 23. RESOLUTION NO. 109-1997 APPROVING A REDEVELOPMENT PLP.N AMENDN�NT TO THE S-2 REDEVELOPMENT DISTRICT (PROJECT PLAN AMENDMENT, ZOA 97-07, BY SEMPER DEVEIAPMENT, LTD., TO AMEND A PREVIOUSLY APPROVED REDEVELOPMENT PLAN IN AN S-2, REDEVELOPMENT DISTRICT, GENERAI�LY LOC.ATED AT 6525 UNIVERSITY AVENLJE N.E.) (WARD 1) (TABLED NOVEMBER 10, 1997): Mayor Jorgenson removed this item from the table. Ms. Dacy, Community Development Director, stated that at the November 10 Council meeting, there were a number of amendments to the stipulations for this resolution. One of the stipulations was to conceptually approve two driveways to the site, as long as the County would approve the specific locations of those driveway cuts. The County has informed staff that they would not override Council's decision for two driveways onto the Mississippi Street right-of-way. Ms. Dacy stated that the developer and the Anoka County Regional Railroad Authority have drafted an easement which is now being reviewed by the Railroad Authority. While these negotiations have not been concluded, the developer was requesting that Council act on this issue. Stipulation No. 5 would require the developer to record the easement at the County prior to issuance of a building permit for the site. Ms. Dacy stated that the staff has also reviewed the site plan. Information was received on the impact of the drainage pond to the north of the buildinq. There is a slight increase to the surface of the area; however, there are options to handle the drainage when a park-and-ride is created. Ms. Dacy suggested that the date of September 12 in Stipulations No. 1 and 13 be changed to November 10, and for Stipulation No. 5 that was submitted this evening to be evaluated by Council. MOTION by Councilman Billinqs to receive the fax from Semper Development dated November 24, 1997 regarding Stipulation No. 5. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Billings to adopt Resolution No. 109-1997, with the stipulations attached as Exhibit A: (1) the development shall be constructed in accordance with the site plan dated September 12, 1997, unless otherwise provided for by the stipulations of approval; (2) compliance with the comments of the Engineering Department as stated in the September 23, 1997 memorandum from Jon Haukaas; (3) a final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit; (4) the City conceptually approves two driveway cuts, and the petitioner is to work with Anoka County FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 12 to determine the exact location of the cuts; (5) the developer acknowledges that the right-of-way of T.H. 47 may become a mass transit corridor and that a stop or station maybe built near Mississippi Street and University Avenue and that these events may cause easements to be sought on portions of the property; (6) the petitioner shall pay park dedication fees at time of building permit in the amount of $2,618.41; (7) storm water management calculations shall be submitted prior to issuance of the building permit; (8) all rooftop equipment shall be screened from view from the public right-of-ways; (9) no automotive service uses, car sales, or other outdoor repair/display uses shall be permitted. No pawn shops shall be permitted. No restaurants are permitted unless specifically approved by the Planning Commission and City Council. The city, in its evaluation of a proposed restaurant use, may require proper HVAC and odor venting equipment to eliminate to the greatest extent possible any odor emissions from the building. Venting for specific odor causing uses shall be routed to the most westerly point of the building before being released to the open air; (10) in the event Walgreen's vacates the building, the City shall have the right of review each use within the building prior to occupancy to determine whether or not it is consistent with the intent of the Center City Redevelopment Plan; (11) all lighting shall be shielded such that the glare does not adversely affect residential properties; (12) all parking and driving areas shall be lined with concrete curb. Spaces identified as "proof of parking" shall be installed at the request of the City; (13) all dumpsters shall be screened by the trash enclosure indicated on the site plan dated September 12, 1997; (14) underground irrigation shall be provide to landscaped areas; (15) the pavement shall be appropriately marked to delineate the prescription pick up window lanes. Any changes to the pavement plan shall be indicated on the plan submitted for building permit review; (16) the decibel level of the audio system for the pick up window shall be at a level where its noise is not audible from residential properties to the east; (17) the property owner shall work with the Anoka County Regional Railroad Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks; (18) a seven foot cedar fence shall be constructed along the north and east sides of the development. The fence along the north side of the parking lot shall be constructed between the parking lot curb and the edge of the pond. The petitioner shall submit a plan for the installation of a decorative fence with brick pillars and black aluminum fencing along University Avenue and Mississippi Street in conjunction with the building permit application. The fence shall be installed prior to issuance of a certificate of occupancy; (19) the petitioner shall execute a storm water pond maintenance agreement to maintain the detention pond at the north side of the site; (20) the 17 stipulations from 1990 and the 17 stipulations from 1991 are herewith deleted; (21) all of the lots included in the site plan shall be combined to form one tax parcel; and (22) the developer acknowledges that, the current roadway configuration and the traffic studies from 1990 and 1991 notwithstanding, the appropriate governmental bodies reserve the right to change and alter the alignment of the roadway, including the location of the median. Seconded by Councilwoman Bolkcom. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 13 MOTION by Councilman Billings to amend the above Stipulations 1 and 13 by deleting the date of September 12, 1997 and inserting the date of November 10, 1997. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Billings to eliminate all the above language in Stipulation No. 5 and substitute the following language: "The petitioner has offered to grant an easement to the Anoka County Regional Railroad Authority for parkinq. The plan amendment approval was subject to the agreement by the Anoka County Regional Railroad Authority as to the form of such easement. Petitioner shall provide a letter from the Anoka County Regional Railroad Authority to the City that such form has been agreed to, and shall record such easement prior to the issuance of any building permit for the development. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAF�N ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. Councilman Barnette fine. He thanked cooperation between thanked Councilman issues resolved. stated that democracy is slow but exceedingly the Swansons for their patience and the Semper Development and City staff. He also Billings for his assistance in getting the Mr. Christensen, Semper Development, stated that the process was for the betterment of both sides and will work well for the community. Mrs. Swanson stated that she was happy to have Walgreen's locate on this site. Mayor Jorgenson asked when they would be breakinq qround. Mr. Christensen stated that ground breaking will occur in 30 to 45 days with an opening anticipated late next summer. 24. RESOLUTION NO. 110-1997 OF THE CITY OF FRIDLEY, MINNESOTA, AUTHORIZING APPLIC,ATION BY THE CITY FOR A GRANT ON BEHALF OF ONAN CORPORATION: MOTION by Councilman Schneider to adopt Resolution No. 110-1997. Seconded by Councilwoman Bolkcom. Mr. Burns, City Manager, stated that this resolution authorizes the City to apply for a grant under the Minnesota Investment Fund on behalf of Onan. It certifies that the City has inspected the credit of the company and agrees to abide by State and Federal laws. Councilman Schneider asked if it would in any way encumber City fund if Onan should defaul� on their agreement. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 14 Mr. Burns stated that there are not City funds involved whatsoever. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Bolkcom, Councilman Billings, and Councilman Barnette voted in favor of the motion. Mayor Jorgenson abstained from voting on the motion. The motion carried by a four to one vote. 25. RESOLUTION NO. 111-1997 APPROVING AND ADOPTING GUIDELINES FOR THE FRIDLEY ECONOMIC DEVELOPMENT REVOLVING LOAN FUND: Ms. Dacy, Community Development Director, stated that guidelines need to be adopted in the event the City does receive program income as the result of the Onan grant. Because Onan's assistance will be forgiven, it was not anticipated that there will be any program income. Nonetheless, the City still needs to adopt the guidelines. MOTION by Councilman Barnette to adopt Resolution No. 111-1997. Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman Barnette, Councilwoman Bolkcom, Councilman Schneider and Councilman Billings voted in favor of the motion. Mayor Jorgenson abstained from voting on the motion. The motion carried by a four to one vote. 26. MOTION TO APPROVE PLP.NS FOR IMPROVEMENT OF OLD CENTRAi� AVENUE (COUNTY HIGHWAY 35): Mr. Flora, Public Works Director, stated that a letter of acknowledgment and support has been prepared for the proposed improvement to Central Avenue consisting of widening north of Rice Creek and milling and overlaying south of Rice Creek. He recommended that Council approve the storm sewer installation along Old Central from Osborne Road to Rice Creek, widening of the road by eiqht feet to the west, construction of a bike path along the west side of the road, and the installation of concrete curb and gutter as required. Mr. Flora also suggested that Council approve the concept of milling and overlaying that portion of Central Avenue south of Rice Creek and installing concrete curb and gutter as required. If, in the future, there are any curb costs associated with the TH 65 intersection improvement project, the City would cooperate in those reconstruction costs. Mr. Flora requested that Council approve this concept. A letter will be sent to the County indicating support of the project. Councilman Schneider stated that the increase in width north of Rice Creek is approximately eight feet of paved surface on the west side of the existing road. He asked if there was any change or widening of the existing road or change to the curb and gutter south of Rice Creek. Mr. Flora stated that there would only be the addition of curb and gutter, but it would not change the curb alignment. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 15 Councilman Schneider asked if the intersection at Highway 65 would be constructed as to the plans shared with the neighborhood. Mr. Flora answered in the affirmative. The County is improving the intersection as designed by the City. If there was any change, the City would have to bear the cost of the curb and gutter. Councilman Schneider asked if both the widening and overlay would be on the County's work schedule for 1998. Mr. Flora stated that, hopefully, they both could be done. There are not specific funds set aside for the mill and overlay. Councilman Schneider stated that he has received a number of telephone calls on the condition of the road and has yet to receive a call on the widening. He would not like to have the north part of the road widened without the overlay. Mr. Flora stated that the purpose of sending a letter to the County is to outline the City's position. The only real issue was the funding, but he was advised by the County that they could reallocate some of their funds to complete the overlay in 1998. Councilman Schneider asked if they could be assured that both the widening and the overlay would be done at the same time. Mr. Flora stated that he was told by the Anoka County Highway Department and Commissioners Kordiak and McCarron that they wanted to get both of these improvements completed. Mayor Jorgenson stated that if the road is going to be torn up, both projects should be completed at the same time. Councilman Schneider stated that the City needs a decent driving surface, but he still wanted to protect the residential properties to the south. Mr. Flora suggested that language be added that if both projects cannot be constructed in 1998 the City should be informed so both projects can be scheduled simultaneously. MOTION by Councilman Schneider to authorize City staff to send the letter to the County dated November 25, 1997 with the following amendments: In the second paragraph, second sentence, after the word "overlay," add the following words: "within the existing gutter lines" . F'urther, to add the following language at the end of the third paragraph: "If both projects cannot be completed in 1998, the City requests that they be informed so both projects can be scheduled simultaneously." Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, Councilman Barnette and Mayor Jorgenson voted in favor of the motion. Councilwoman Bolkcom voted against the motion. The motion carried by a four to one vote. Councilwoman Bolkcom stated that she could not support this project with the widening. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 16 27. APPOINTMENT TO APPEALS COMMISSION: MOTION by Councilwoman Bolkcom to nominate Blaine Jones for appointment to the Appeals Commission. Seconded by Councilman Billings. There being no further nominations, Mayor Jorgenson declared the nominations closed and an unanimous ballot was cast for the appointment of Blaine Jones to the Appeals Commission. 28. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he had no informal status reports. Mayor Jorgenson thanked everyone who attended the open house at the newly remodeled Fridley Community Center on Sunday, November 23. Three hundred persons attended. She felt that a lot of residents would use the new facilities. She also thanked the business community for their support and for their donations. Councilwoman Bolkcom stated that there were many volunteers who conducted tours. She also thanked Bill Burns for all his work in obtaining support for this project. Councilman Barnette stated that donations are still being accepted. Former Mayor William Nee was in attendance, and he was a tremendous supporter for this project. Mayor Jorgenson stated that the Southern Anoka County Chamber of Commerce may be requesting permission to hold a one-day circus early this spring. Mayor Jorgenson stated that the Truth in Taxation public hearing will be held this Saturday, November 29 at 10:00 a.m. at the Municipal Center. Councilman Schneider stated that it was not Council's desire to have this meeting on Saturday, but the hearing must fall within a prescribed time period. This was the only date available when other agencies were not conducting their hearing for this issue. ADJOURNMENT : MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 24, 1997 adjourned at 8:40 p.m. Respectfully submitted, Carole Haddad Nancy J. Jorgenson Secretary to the City Council Mayor THE NIINUTES OF THE SPECIAL FRIDLEY CTTY COUNCII.. MEETING OF NOVEMBER 29,1997 THE MINUTES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEN�ER 29, 1997 The Special Meeting of the Fridley City Council of November 29, 1997 was called to order by Mayor Jorgenson at 10:00 a.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL C,ALL • MEMBERS PRESENT: MEMBERS ABSENT: P.DOPTION OF AGENDA• Mayor Jorgenson, Councilman Billings, Councilwoman Bolkcom None Counciiman Barnette, Councilman Schneider and MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: 1. PUBLIC HEARING ON THE 1998 CITY OF FRIDLEY BUDGET: PND TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1998 TO THE COUNTY OF ANOKA FOR COLLECTION: MOTION by Councilman Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 10:01 a.m. The 'purpose of this public hearing is to fulfill the Truth-in- Taxation requirement and levy what appears to be a tax levy in excess of 16 mills. Mr. Burns, City Manager, presented the 1998 budget message. The State legislative decisions that were macle during this year's legislative session were more incremental. These reforms were not as dramatic as expected. The City's Local Government Aid was increased about $33,000, and the HACA was retained. In 1998, he SPECIAL CITY COUNCIL MEETING OF NOVEMBER 29, 1997 PAGE 2 understands it will be much the same, unless there is a major surprise in the area of budget surpluses. Mr. Burns stated that Council budget work sessions took place in June and July and covered a variety of issues. Staff helped in preparing a Council survey identifying major policy issues. Those results were used in preparinq the budget. Some of the issues were the potential expansion of our neighborhood resource officer program and various youth programs that are administered by the Police Department, Fire Department personnel needs, the Comprehensive Plan amendment process, and the recycling program. Mr. Burns stated that Council reviewed a proposal for a major street and utility improvement project for the Riverview Heights area. The project is proposed for 1999 and 2000 construction seasons. In anticipation of this major effort, the appropriation for neighborhood street reconstruction in 1998 is much smaller than usual. It does, however, provide for the reconstruction of Hackmann Avenue. Mr. Burns stated that capital improvement discussions focused on a proposal for a double gymnasium at the Fridley Community Center, playground equipment upgrades for several City parks, removal and replacement of fuel and oil tanks at the municipal garage, a new garage ventilation system, a new municipal center telephone system, upgrading of 57th Avenue, and extension of the Central Avenue bike path. Mr. Burns stated that the most important issue raised during the 1997 budget work sessions was the issue of a property tax increase. Staff recommended a three percent property tax levy increase to generate an estimated $137,000 to cover a budget gap between General Fund revenues and expenditures. Nearly $288,000 in expenditures trimmed, and $65,000 from the Liquor Fund was transferred, leaving a gap of less than $280,000. Staff also recommended a small increase in the sold waste abatement fee. Mr. Burns stated that the total expenditures for all funds, excluding Enterprise Funds, is $12.4 million or a decrease of 7.4 percent. General Fund expenditures will increase by 2.6 percent or $258,831. Most of this increase is accounted for by increased employee costs, and our.recent commitment to the operation of the Fridley Community Center. • Mr. Burns stated that a three percent cost of living increase for employees amounts to $178,952. There are no additional full-time employees, and some chanqes have been made in the work force in the areas of Finance/MIS, Police, Public Works, Recreation and Naturalist, and Community Development. Employee health insurance costs have decreased but will probably increase in 1999. SPECIAL CITY COUNCIL MEETING OF NOVEMBER 29, 1997. PAGE 3 Mr. Burns stated that other notable changes in the General Fund appropriations include diminished expenditures for machinery and equipment and increased expenditures for contractual services. Contractual service costs have increased by $119,815. Of this amount, $47,326 is attributable to new costs projected for operation of the Community Center and recreation programs. An additional $15,000 is project.ed for completion of the City's Comprehensive Plan, and another $26,000 is allocated for a contract plumbing inspector. Mr. Burns stated that the total for all four Special Revenue Funds is $1,056,046 or a$166,849 increase. These funds include the Cable Television F�.ind, Grant Management Fund, Solid Waste Abatement Fund, and Housing Revitalization Ftiind. Most of this increase is in the Solid Waste Abatement Fund for increased costs in the City's operation of the redemption center and weekly curbside recycling. The Grant Management Fund has an increase of $48,318 attributable to the youth program grants. Mr. Burns stated that the total of the Capital Project Funds is $1,032,472 or a decrease of 58 percent. The total for Buildings and Lands is $280,000, which includes telephone system upgrades, removal and replacement of municipal garage fuel tanks, replacement of voting booths, and purchase of a standby generator for the garage. For Streets, the total is $483,737 and includes the improvement of HaclQnann Avenue, 57th Avenue, and the Old Central bikeway extension. For Parks, the total is $268,735 for playground equipment upgrades, tennis court repairs, and park improvements in order to comply with the Americans with Disabilities Act. Mr. Burns stated that the Enterprise Funds include Water, Sewer, Storm Water, Liquor Operations and Debt Service. The Water Fund will increase $23,444; the Sewer Fund will decrease $62,468; the Storm Water Fund will increase $36,008; and the Liquor Operations Fund will increase by $171,078. Mr. Burns stated that this budget provides for a three percent increase in the property tax levy. The levy increase will cost local tax payers, as a whole, about $137,000. Its impact on individual property owners, of course, will vary with the value of the home. For a property owner with a$90,000 home, it will mean a $7.00 increase in taxes payable in 1998. A homeowner with a $120,000 home will pay $8.00 more in taxes. The total tax bill for homes in the four school districts in Fridley will actually decrease. This decrease ranges from $6.00 to $207.00, depending on the district where the home is located. Mr. Burns stated that barring any major disappointment in what remains of 1997, the fund balances should remain very stronq relative to annual operation costs and should continue to be strong through 1998. It is projected the 1997 fund balance will be about $700,000. The sources of General Fund revenue have changed very SPECIAL CITY COUNCIL MEETING OF NOVEMBER 29, 1997 PAGE 4 little. The transfers are changing from year to year with a decreasing reliance on the General Fund and a greatly increased reliance on the closed debt fund and the liquor fund. Mr. Burns stated that there are a number of external factors which affect the City's operation. Unemployment is at an all time low, and new construction is up by almost $30 million. A higher portion of the 1997 value of construction is in the public sector as opposed to the private sector. The private sector construction consists more of alterations and additions as opposed to new buildings. There is a small decrease in the number of Fridley jobs with a slight increase in retail and a small decrease in manufacturinq jobs. Mr. Burns stated that property values for all classes of property in Fridley have increased by 5.1 percent or to $1,209,684,500. This total includes a 4.4 percent increase� in the value of homesteaded residential property; a 7.2 percent increase in the value of non-homesteaded, multi-family property; a 6.3 percent increase in the value of industrial property; and a 3.3 percent increase in the value of commercial property. Fridley's tax capacity, however, has dropped from $28,351,144 to $26,662,800 or 7.3 percent less than the available tax capacity in September of 1996. Mr. Burns stated that the overall crime rates are down. However, the most serious crimes increased by 3.2 percent, with most of this increase involving larcenies. The number of people using public assistance is also less than in 1997. There is an 18 percent decrease in Fridley residents receiving cash assistance and food stamps. The number of students receiving free or assisted means in District 14 has declined by 9.1 percent. Mr. Burns stated that the State legislature's actions on tax reform were a key issue. In the City's budgeting process, services were maintained at existing levels with two exceptions; the Community Center operations and recycling. There was a tendency to move from reliance on full-time employees to consultants and contractual services. Both internal and external measures of the City's financial health are very good, and property values are up significantly. Mr. Burns stated�that the City should continue efforts to preserve our aging housing stock and public infrastructure. We need to continue to deal with the problems of youth and the elderly and strengthen our recreational opportunities for people of all aqes. We need also to address Fridley's image, particularly the image that is created by our three major transportation corridors. Mr. Burns stated that in order to address the challenges, we need to continue to demonstrate flexibility in our approach to governmental services and search for opportunities to achieve SPECIAL CITY COUNCIL MEETING OF NOVEMBER 29, 1997 PAGE 5 economies of scale through cooperative ventures with other jurisdictions. We also need to be prepared to drop existing lower priority services and programs. Mr. Burns stated that in addition to operational improvements the City needs to continue the search for new revenues. This means continuing the quest for State funding of our housing programs, capitalizing on Federal and State grant programs, adjusting charges for services to reflect changes in our costs, continuation of our efforts to maximize liquor operation projects, and exploration of the means to diversity our tax sources. Mayor Jorgenson asked about the increase in larcenies at businesses. Mr. Burns stated that these larcenies include shoplifting, drive offs, and bad checks. Councilman Schneider asked how the budget affects the City's bond rating. Mr. Pribyl, Finance Director, stated that the budget has a positive impact on the City's bond rating. Fridley's Aal bond rating is probably the highest one for a City of our size. The high level of fund balances accounts for this rating. The debt service costs for Fridley are probably lower than other cities in the metropolitan area. Councilman Schneider asked how the fund balances are invested. Mr. Pribyl stated that these fund balances can only be invested in fixed income securities, as regulated by the State, and are scrutinized by the City Manager and the City Council. Mayor Jorgenson asked about the solvency of City government and the process for balancing the City's funds. Mr. Pribyl stated that there are a number of issues which are reviewed by the auditors. As a result of the auditing process, there is a management letter identifying the key financial indicators. Councilman Barnette asked how the City of Cambridge could have gotten into the problems they experienced. Mr. Pribyl stated that this situation had to be over a long period of time and a continued downward progression. In Fridley, there are a number of controls. The City Council has been very responsible. This community has a strong financial background, and Council has played a very active part. � SPECIAL CITY COUNCIL MEETING OF NOVEMBER 29, 1997 � PAGE 6 Councilman Barnette stated that his home is located in School District No. 14, and he experienced a tax decrease. However, with the recent levy approved by the taxpayers, the tax statement he received may not truly reflect his total taxes. Councilwoman Bolkcom stated that the tax statement noted that this amount of tax was dependent on the outcome of the levy proposed by School District No. 14. Councilman Billings stated that he lives in School District No. 13. He understands that the tax statement he received from the County is correct. Only those homeowners residing in School District No. 14 may be affected because of the school district's levy. Councilman Billings stated that this public hearing is beinq held on this day because the Legislature has stated that there is a certain time frame when the Truth-in-Taxation hearings must be held. These hearings are also held with other taxing jurisdictions such as the County, Metropolitan Council and School District. This gives the City very few choices when to conduct the hearing, as it cannot be on the same� date as another jurisdiction. For the last five years, there has been only one person attending this Truth-in- Taxation hearinq. By having it on Saturday morning, it may make a difference and more people would attend. However, this is not the case, and only Senator Betzold is in attendance. Councilman Billings questioned if all the costs associated with this hearing are worth it to continue conducting the hearing. Councilman tax relief has made a a manner guidelines you have interested Revenue. Billings pointed out that there have been discussions on for senior citizens on fixed incomes. The Legislature change in property taxes for senior citizens. There is in which property taxes can be deferred if certain are met as far as aqe, income, and the length of time resided in your home. He suggested that seniors in this program contact the Minnesota Department of Mayor Jorgenson stated that there is also another contingency in order to qualify for this program the mortgage would have to be over fifty percent paid. Councilman Billings stated that there is also a property tax credit that can be filed with your 1997 income taxes, payable in 1998. This credit applies to both homeowners and those who rent. Councilman Billings stated that although the value of property in the City increased, the actual tax capacity or the amount that can generate property taxes decreased. If the Legislature keeps changing the ability of the City to tax commercial and industrial property he questioned the impact on residential property. SPECIAL CITY COUNCIL MEETING OF NOVEMBER 29, 1997 PAGE 7 Mr. Burns stated that as long as the State has a surplus it would not greatly affect the property taxes. If there are no surpluses, the shift in tax capacity rate for commercial and industrial properties could result in a substantial increase for residential property owners. Councilman Billings stated that in the final analysis, if the State is looking at changes in the property tax structure, it cannot be done piecemeal. He felt the tax system needed to be overhauled and that it should be done once and for all. By doing it piecemeal, the whole system will eventually collapse, and the residential property owners will all of a sudden have to face a larger tax bill. Mr. Burns stated that the human service demands are increasing, as is the need to invest in the City's infrastructure. At the same time, the base revenue is flat, and there needs to be a greater increase in the City's revenue sources. Councilman Billings asked what percentage of the City's budget was �or personnel costs. Mr. Burns stated that it was about 65 percent. Councilman Billings asked what is being done to try to reduce those personnel costs or to keep them stable. Mr. Burns stated that the biggest thrust is to avoid responding to new program needs by adding full-time employees. The City should remain flexible in dealing with these needs. The City is using contractual services for the short-term, and it will be less costly in the long-term. He also said that every position is reviewed and justified before a vacancy is filled. The number of employees in the City Manager's office, Finance Department, and Public Works Department have been reduced. However, there have also been some increases in other areas. Councilman Billings stated that in previous years, it was necessary to pass a resolution justifying a levy in excess of 16 mills. There was a change in the Charter. He asked if such a resolution was necessary this year. Mr. Pribyl stated that a resolution will be on the City Council's agenda for December 8. There was a change in the Charter; however, this new ordinance will not be in effective before Council must take action. This hearing is held to make sure that the City is in compliance with the Charter. No persons spoke reqardYng this proposed 1998 budget. SPECIAL CITY COUNCIL MEETING OF NOVEMBER 29, 1997 PAGE 8 MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 11:02 a.m. ADJOURI�IlKENT • MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Special Meeting of the Fridley City Council of November 29, 1997 adjourned at 11:02 a.m. Respectfully submitted, Carole Haddad Nancy J. Jorgenson Secretary to the City Council Mayor CITY OF FRIDLEY PLAI�TNING CO1�IIri2SSION MEETING, NOVEMBER 19, 1997 � • •;� Chairperson Savage called the November 19, 1997, Planning Commission meeting to order at 7:30 p.m. '������� Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba Members Absent: Brad Sielaff, Connie Modig, Larry Kuechle Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Al Opsahl, 5388 Horizon Drive Ralph & Joan Groenke, 112 Horizon Circle Virgil & Elvira Landgraff, 521-53rd Ave. NE Joseph & Margaret Pisansky, 5313 Altura Rd NE Marvin & Marion Thour, 5237 Horizon Dr. NE APPROVAL OF NOVEMBER 5 1997 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconde,d by Mr. Saba, to approve the November 5, 1997, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AY'E, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. �'nhiPREHENSIVE PLANNING AREA MEETING • AREAS #5 AND #6 Ms. Savage stated the purpose of the meeting is to solicit comments about the future of the City. The City is beginning�a process to update its comprehensive plan. This meeting is one of six meetings which the Planning Commission is conducting to get residents' ideas about the future. It is not the purpose of the meeting to discuss individual problems or issues which you may now have with the City. Rather, the Planning Commission encourages residents to provide comments about the City's future and what goals you think the City should pursue. Mr. Hickok stated this is the fifth planning area meeting out of six that will be held. This meeting is for Planning Areas 5 and 6. The next planning area meeting will be held December 17 for Area 7. Any person who has been unable to attend the planning meeting for their area is invited to attend the next meeting. If unable to attend that meeting, residents can return their surveys to the City. i.o� PLANNING CO1�Il�lISSION MEETING, NOVII�ER 19, 1997 PAGE 2 Mr. Hickok stated the comprehensive plan is a text accompanied with land use maps and an implementation plan. The first comprehensive plan for the City was adopted in 1980 as part of the Minnesota Land Planning Act. At that time, the City pulled together information on land resources and development. The Act also was a stimulus for soliciting public interest in the physical, social and economic issues within the City. The information in the 1980 plan is now dated. This current process will allow staff to gather information and set the course for the future. Mr. Hickok welcomed audience members. This has been a process that has been very enlightening. Staff have received many interesting comments which will be considered as the process moves forward. The City's goal is to have the comprehensive plan put together over the course of the next year. The plan will come back to the Planning Commission for review as chapters are completed. The completed plan is due to the state by December 31, 1998. Mr. Hickok stated surveys were sent out to residents. Blank forms are available for comments for those audience members who prefer not to speak. These forms can be filled out and given to staff. Ms. McPherson stated she was responsible for mailing the surveys and compiling the information for presentation to the Planning Commission. This meeting is with Planning Areas 5 and 6. On October 27, staff mailed 1,122 surveys and invitations to residents in those areas. As of November 14, staff had received approximately 81 surveys for a return rate of about 7.2%. The average return rate has been about 7.0% to 7.5%. _ Ms. McPherson stated Planning Area 5 extends from I-694 south to the border between Fridley and Columbia Heights and west of Highway 65. Planning Area 6 is the area north of I-694 to Locke Lake and Rice Creek and west of the Burlington-Northern railroad tracks to the Mississippi River. Ms. McPherson reviewed the demographic information for both planning areas. Respondents in Area 5 were of a more mature age group being predominately 55 and over. Respondents in Area 6 were predominately in the 21 to 40 age range. In terms of length of residency, those in Area 5 generally had lived in the community more than 30 years. Area 6 had more respondents that had lived in the City less than 5 years. Ms. McPherson stated, in order to track the responses regarding issues, the questions asked in the survey requested essay-type answers. She attempted to categorize those responses into the issue areas of parks, City services, property upkeep, amenities, 1.02 PLANNING CO1�IlrlISSION MEETING, NOVII�ER 19, 1997 PAGE 3 City government, taxes, people, access and location, traffic and speed, safety, land uses, image, and schools. Areas 5 and 6 had more comments relating to property upkeep including code enforcement, junky yards, inoperable vehicles, property upkeep, etc. As has been consistent with previous areas, what people like most about their area is their neighbors and the people in their community. The issue area of land uses could include requests for upscale restaurants, comments about apartment buildings, comments about a business or parcel in the City, etc. There were some very strong negative comments about land uses in the City in general and also in the neighborhood of Area 5. Ms. McPherson stated Area 6 had more positive comments about parks and City services including recycling and the snow plowing and street maintenance. Comments regarding access and location have been consistent throughout the areas. This planning area commented more so about the City's image or lack thereof. Most of those comments related on the lack of a downtown or City center area. Most folks in Area 6 commented that they like their neighbors and feel good about the people in the immediate area. Ms. McPherson stated concerns were expressed about apartment buildings and lack of or inconsistent code enforcement of property upkeep. There seems to be a need for street lights on some streets. This comment was difficult to pass on because we did not know which street(s) were of concern. Several comments were made regarding the perception of increased crime coming from Columbia Heights, Brooklyn Park and Brooklyn Center. Many respondents like their neighbors but some felt isolated. Most of those comments came from Area 6 which may reflect the fact that there are more new residents. Ms. McPherson stated the purpose of the comprehensive plan is to set forth the long range plan for the community and to set goals and objectives. The Planning Commission is trying to find out what residents want Fridley to be in the year 2010. We want to hear concerns and also possible solutions to those concerns. Ms. McPherson stated the forms provided ask two questions: 1) If Fridley were to be the ideal community in the year 2010, what characteristics or experiences would you expect it to offer?; and 2) What is Fridley and what role(s) does Fridley play in the larger metropolitan area? Ms. Savage opened the meeting for public comment. Mr. Landgraff stated he understood that the ordinance today says that if junk and things like that are not visible from the street there is nothing that can be done about it. He has a situation where the neighbors have to look at junk but it isn't necessarily 103 PLANNING CON�SISSION MEETING, NOVEI�ER 19, 1997 PAGE 4 visible from the street. He thought there should be an ordinance to cover that. These things become a blight to the City and devalue the property. It is just not a nice neighborhood like in other communities that have an ordinance to cover that. Mr. Kondrick asked if this junk he referred to was in the backyard. Mr. Landgraff stated it is in the backyard and the side yard. There is a variety of junk that most people throw away which they store in the yard. He did not think the neighbors should have to look at it. Mr. Pisansky stated he lives behind the apartment building on the corner of 53rd and University Avenue. Altura is about 200 feet around the corner from the apartments. The apartment is a two- story building with a split entry and with about 7 units. He has lived in this location for four years. He has had trouble with the kids that were first living in the apartments. He called the owner of the apartments and wanted to make some kind of arrangement to keep the kids from riding bicycles through his yard. There was no fence there. He had to put up a fence in order to keep the kids out and to keep them from riding their bikes across his yard. He spent $800 for the fence and he planted trees. The kids went over the fence and ruined two trees that he planted. Residents keep moving in and out but, since he put the fence in, it hasn't been too bad. Mr. Pisansky stated all fall he has been raking leaves. There is a big tree on the apartment property, and he gets leaves from that tree. He has asked for assistance in raking but they would not help. He called Mr. Schneider and told him they have had the electricity out twice because there are big dead branches on this tree. This tree is leaning toward his garage. If that tree falls on his garage, he is going to be responsible for it. That tree is in bad shape. He thought it should be taken out. He called someone from the University of Minnesota to look at it, and he said it could go down at any time. He thought it should be checked out again. That tree should go down. If that tree falls on his garage, he does not intend that his insurance should pay for it. Mr. Thour stated he lives in Area 5 south of 53rd Avenue. He and his wife have been their for over 41 years. He thought a lot of this planning we are doing now should have been done back then. It is too late to change what he thinks are some serious mistakes. It is the traffic situation. Since building Holiday, Home Depot and those other businesses, they have constant trucks down their street. Signs were finally posted saying "No Trucks" but it does not mean anything because it is not enforced. 1.04 PLANNING COI�lISSION MEETING, NOVII��ER 19, 1997 PAGE 5 Mr. Thour stated they also had a bad experience this summer. Some of the neighbors had relatives visiting with their motor homes which they parked in the driveways. They hooked up their sewers which leaked onto the driveways creating odors and an eyesore. They found this after they had returned from their trip out west. They also found motor homes parked out on the street. Someone finally came out and told them they could not leave them there. There were even buses there. In order to rectify anything in this area, we have to call someone. There is no one there enforcing this. They have cars speeding down the street really fast. When he was younger, he was able to help control some of that. He is only the crime watch captain, and he cannot enforce that law. We have to call the proper authorities. Mr. Thour stated he does not want to come up and just complain about these things because they have been there the whole time and love Fridley. They have good neighbors. He thought the Planning Commission in many cases has done some good things. Also, on 53rd where those trucks come down, they cannot make that turn with those semis. They have to go out into the other lanes. Whenever he goes to that intersection, he parks way over so they can get through. Before that, they were knocking down the signals. That should be changed somehow. Those trucks are going through a residential area. The area is unique because you cannot get to all those businesses without going through residential. They do have some other minor problems there. All in all, the neighborhood is good. Mr. Thour stated he was hoping to see some of the younger residents there because the future of the City is in their hands. He hoped staff did send out some more surveys or have another meeting. He talked to others in the area who did not know there was a meeting. Ms. McPherson stated, according to the mailing list, they tried to contact every residential parcel in the area. She did get some letters returned stating no forwarding address but they tried to reach everyone. Mr. Thour stated the parks are good. They are not large and do not have a football or baseball field. They do have a skating rink, and they have improved the playground equipment for the smaller kids. He thought that was a good job and felt that those responsible for that should be commended. Mr. Pisansky stated he has raked leaves for two years, and the apartment building owners have done nothing over there. He wished the City would send someone out there and see just how it is behind that building. The neighbors there are wonderful and are 1.05 � PLANNING COI�IISSION MEETING, NOVEI�ER 19, 1997 PAGE 6 behind him 100%, but they are not here. He would like to have the City look at it. The leaves are not raked. The grass is not mowed. Residents are driving cars up onto the property. The owners have not touched this property at all. He also picks up their garbage thrown out in back of the apartment building. Ms. Savage asked if staff was noting the comments and if they had a response to the comment regarding a"junk" ordinance. Mr. Hickok stated he is taking notes and will follow through on the issues stated. Regarding code enforcement, the City has a systematic process that started in May, 1997. Through that process, staff is making their way over the next two years through the entire City notifying property owners where there is junk, inoperable vehicles, vehicles parked on the lawn, general upkeep of their property, and a wide variety of code enforcement issues. When an issue is found, a letter is sent to the owner informing them about what the code says.. A follow up inspection is done to make sure the owner is following through. Over 700 cases have been initiated this year. Between 85% and 90% of the cases are resolved on the first notice. As staff drive through on a follow up inspection, a much smaller number of residents have been notified. The areas from which the audience reside have not yet been inspected. Unfortunately, we do not have a large staff so it will take time to get there. It is a thorough inspe�ction process and one with which we have had great success. In those areas that have been inspected, we see a difference. Over the course of the next two years, staff will be making their way through the entire City. Mr. Hickok stated he thought this initial blanket inspection is going to be one where we find a lot of issues where folks simply did not know what the code says and what it is they need to do in order to rectify the situation. After the first series of inspections will be a maintenance program to make sure that it is not going backwards. The level of understanding goes up as folks are educated. Another benefit is that folks are not having to complain about their neighbors. At the end of the education process, a small percentage of the cases actually go to court, a citation is issued, and a legal follow through is done. Staff is optimistic about the program. Mr. Kondrick stated a comment was made about campers and recreational vehicles parked at residences. What is the ordinance regarding these vehicles parked in yards, etc.? Mr. Hickok stated there are situations where campers will sit on the street for an extended period of time. He believed a speaker talked about the issue where someone will spend part of the year here parked in the street in a camper. The off street parking 1.06 PLANNING COI�IlKISSION MEETING, NOVEI�ER 19, 1997 PAGE 7 regulations apply. Vehicles must be moved every 24 hours. Police will chalk vehicles to make certain they are moving. When they see electricity hooked up, there may be people actually living there. The City notifies the property owners. One may get an occasional guest where they pull their motor home up by the garage. But for any length of time, that is putting another demand on property where the City would encourage them to find an alternative site. The City does not have an ordinance which specifies the number of days allowed. This is something that staff will speak to property owners about and let them know this is an impact on their neighborhood. For the most part, people are very good about not wanting to put that impact on their neighbors. Mr. Saba stated many comments were made about apartment building upkeep. This seems to go hand-in-hand with high density housing. The Metropolitan Council is also asking suburbs to increase density. How do we balance the two? How do we try to maintain a good neighborhood and City situation and still satisfy the Metropolitan Council? Mr. Hickok stated it is important to know that density and property upkeep are issues that should be separated. Though you may draw some parallels between multi-family properties and their upkeep and density, the City does have a rental inspection process in place. The Fire Department works with the Planning staff to make sure that code enforcement efforts are addressing issues on the outside of the units and the rental inspection folks are dealing with issues on the inside. Both of the departments deal with the owners of properties. Hickok stated that he did not think that multi-family just by virtue of being multi-family is going to be a problem and a burden on the neighborhood. We do have to raise the level of understanding and knowledge of what is and is not acceptable on properties. We have a rental owners coalition designed to bring property owners together to talk about issues, help one another get over hurdles they are having with rental properties, and to keep close to those folks. He thought it was important to let them know we are observing their properties and to make sure those properties are looking good. Mr. Hickok stated, as the Metropolitan Council asks cities to consider increasing density, much of what cities are hearing is that they are short on the higher density end. In this community, we have a very good mix. The City does not have a lot of high density land left. As we look into the future and into redevelopment, we certainly keep looking at what the best density is for an area. The recent project in the southwest quadrant is a higher density project. This was carefully thought out and the neighbors considered. That project has an owners association for maintenance and the City will work with that association. 1.07 PLANNING CO1�IlrlI S S ION MEETING , NOVEI�ER 19 , 19 97 PAGE 8 Ms. Savage thanked the residents for coming. Comments will be noted and passed on to City staff and the City Council. •�-�_.. ! •� �_ :_�i �• : •;i i zz_ �i� -�i�_; • }� ���; � ' � _ •; '-• � • • • �� Ms. McPherson stated staff has put together some information to address the temporary outdoor sales and display of inerchandise. The issue is that the zoning code is not clear on whether or not we permit or prohibit temporary outdoor sales of inerchandise, such as tent sales, the "Marlboro" product giveaway vans which may park at a service station, "farmer's markets" or fresh produce stands, etc. This past summer we saw a number of tent sale requests including requests from World's Greatest Deals, Target, United Stores, Slumberland, etc. Ms. McPherson stated the City Council has directed staff to put together some research and try to come up with some guidelines which may regulate this type of activity. Staff were directed to amend the ordinance which would allow staff to administratively issue a license or permit. Staff searched the Internet and talked to other communities to see what they were doing. Regulation of this type of activity varies greatly from no regulation to very stringent regulations. Ms. McPherson stated staff looked at three options for the City to pursue. The first option is to clearly prohibit outdoor sales and display in all commercial districts. The advantages are that this reduces enforcement costs by the City, and there are no permits to administer or revoke. The disadvantage is that it eliminates special �arketing efforts by the business community such as 49'er Days and similar activities. Ms. McPherson stated the second option is to allow temporary outdoor retail sales, display or promotion of inerchandise by administrative permit (limited to two or three per year). The advantage is that it clearly establishes standards of performance of such activities. It prohibits on-going outdoor display or merchandise and provides an opportunity for the business community to conduct special promotions. The disadvantage is that it requires administration of the permits, inspections of sites, and compliance of business with ordinance standards. Ms. McPherson stated the third option is to allow outdoor retail sales, display or promotion of inerchandise as an accessory use subject to certain standards. The advantages are that businesses would not be regulated regarding outdoor sales and display. The disadvantage is that this would no longer be a temporary activity and possible negative impacts to aesthetics, parking, traffic, 1.08 PLANNING COI�iISSION MEETING, NOVEI�ER 19, 1997 PAGE 9 etc. Ms. McPherson stated, based on the regulation for temporary and the recent adoption of the temporary outdoor food sales ordinance, staff is recommending the Planning Commission recommend the City Council pursue an ordinance change which would regular outdoor displays, sales and promotion of inerchandise via an administrative license. Page 4 of the staff report contains proposed ordinance language for such an ordinance. Under the Local Business District Regulations, we would allow as an accessory use the temporary outdoor display, sales or promotion of inerchandise subject to certain conditions. The owner shall obtain a license from the City prior to the start of the event and this license will be required whether merchandise is sold or given away. Three events per year would be permitted no closer than 45 days apart. Each event can be no longer than 10 days in length. The merchandise as displayed should not impede vehicular or pedestrian traffic or be displayed on a boulevard or landscaped area. The display area cannot impact parking supply. For tents, the property owner shall also obtain a building permit and comply with the Uniform Building Code related to tents. The City will charge a fee of $75.00 for this license. Mr. Kondrick stated, regarding the number of occurrences per year and the 45 day rule, Memorial Day and July 4th are less than 45 days apart. He would assume that if an event were allowed three times it would not be possible to have it on both of those holidays. He liked that idea. That would automatically mean that if someone had an event on Memorial Day they would not have one of the 4th of July. Ms. McPherson stated, if someone wanted to sell on the July 4th holiday, they would need to start earlier for Memorial Day. Mr. Hickok stated the City has not been bombarded with requests. Allowing three events per year is generous. Mr. Kondrick agreed that this is generous. Ms. McPherson stated, if the commission feels three is too generous, this can be adjusted. The City Council will informally discuss this in December or January. They will have another discussion with the business community once the City Council has reviewed it. Ms. Savage stated this is the beginning of a process, and it does not mean that this will remain as it is. Ms. McPherson stated this was correct. These are suggested points. 1.09 PLANNING CONIlriISSION MEETING, NOVEI�ER 19, 1997 PAGE 10 Ms. Savage stated she thought the concept was a good idea and that they were headed in the right direction. Mr. Oquist stated the language refers to the property owner. If someone rents Columbia Arena for a car sale, who is responsible to get all the necessary things taken care of? Would it be the County because of Columbia Arena or the person putting on the event? Is property owner the correct term to use in this ordinance? Ms. McPherson stated yes. Staff may have to fine tune the language. Regarding car sales, car dealers and those activities which require a special use permit prior to commencement of the activity which requires Planning Commission review. This ordinance would not apply to what the City is doing for automobile sales. Mr. Oquist stated this would not apply to automobile sales. Does that have to be stated? Ms. McPherson stated staff could clarify that. Automobiles, boats, RV's, garden centers and nurseries already fall under a special use permit category in the ordinance. They felt those activities should remain as a special use permit and come before the Planning Commission. Ms. McPherson stated, regarding the term property owner, the person holding the activity could potentially be the person coming to the City, getting the paperwork, and helping the owner fill it out. Staff want the owner to sign acknowledging an activity is taking place on their property. For example, the Marlboro van coming to Super America for promotion of their product would require a signature of someone at corporate Super America so they will be included in the loop. Mr. Oquist stated he read this as saying the property owner is responsible. That is not necessarily true. Yes, we want the owner to be informed and acknowledge that this is going on. For instance, Jacob's Trading recently had a semi in their parking lot promoting battery operated cars. He does not know if that person owns that property or leases. He thought this needed to be clarified. Who pays the fee - the property owner or the applicant? Would this ordinance then apply to that promotional deal in the parking lot? Did they come in and ask for a permit to close off their parking lot and hold this activity? Ms. McPherson stated typically they have been very good about getting the proper tent permits. Staff did not know about this particular promotion. That activity would be covered by this 1.10 PLANNING CO1�Il�lISSION MEETING, NOVEI�ER 19, 1997 PAGE 11 language. Mr. Hickok stated it is a good point about the property owner. Staff looks at it as a very deliberate approach to have the property owner responsible. Their site plan is involved, the circulation for the customers of the principle users can be affected. Staff wants them informed so they are fully aware of it. They want the own�r involved and to help control and enforce the activities. Ms. Savage asked how this would work for a farmer's market or stands for fresh fruit or vegetables. Is there any interest in that? Ms. McPherson stated they have in the past had, prior to the outdoor food sales ordinance, requests for produce stands. Staff basically said the City did not allow outdoor sales. In the last year or two since the ordinance, they have not had the requests they previously had. In the case of a produce stand, we may require them to go through the outdoor food sales process. There is a special use permit provision in the food sales section which allows for continual sales of food products throughout the summer season. They would probably put food or agricultural vendors under that particular section of the ordinance. As proposed, most of the outdoor agricultural vendors want to have sales from the end of July through October, every weekend or all week long. They want six weeks of sales. The produce stands are better covered by the outdoor food ordinance. Mr. Oquist asked, if it falls within these guidelines, they could just come in and get a license and that would be it. Ms. McPherson stated this was correct. Mr. Oquist asked what would happen with organizations such as churches and schools wanted to hold an event. Would that apply or is this strictly commercial? Ms. McPherson stated the way this ordinance is proposed they would not be allowed to do that. With the current residential zoning classification, their activities do not include those types of events. If you want to add that to allow some flexibility, they could work that into the ordinance. Mr. Saba stated he thought that put them at a disadvantage. These events occur occasionally such as an auction, the St. Phillips garage sale, bazaars or festivals which are fund raisers for churches or schools. Ms. Savage asked why these are not permitted. 1.1i m PLANNING CONIl�iISSION MEETING, NOVII�ER 19, 1997 PAGE 12 Ms. McPherson stated the current ordinance does not address this. This is very similar to why we are addressing this particular ordinance change. The code is silent on outdoor displays and sales of inerchandise. That is also true of residential districts where most schools and churches are located. While the City has never "cracked down" on these activities at churches and schools, this may be an opportunity to clarify those sections of the ordinance saying that churches and schools can do this type of thing if they get a permit or license or we could allow a mechanism to waive the fee. Mr. Hickok stated he thought it would be appropriate to add in churches and schools. Currently, whenever there is a tent, the building and fire departments have been very diligent about making sure the tent has the proper fire rating, fire extinguishers, etc. Ms. Savage asked, if a person wanted to have a large party at their house with a tent, are they supposed to get a permit for that. Mr. Hickok stated they should. Tents come with a fire rating. When they are rented, rental agencies have been very good about sending along the right tent with the right information. The code is silent on that. Mr. Saba stated he liked the idea of including churches and schools in the process of applying for a permit but to waive the fee. This would happen mostly when they are having fund raisers. Mr. Kondrick asked if there was any liability to the City if someone had a tent and for some reason someone got hurt. Mr. Hickok stated anytime there is something that happens the City may be looked to. There may be a claim made that the City should have done more about it. If someone has a tent with a large occupancy, they should make certain it has all the fire ratings. That is one thing the building and fire departments are very clear about. If something should happen, it would be their lack of knowledge as the problem. Mr. Saba stated, if you look at this strictly, you could not hold sporting events such as a football game with an event in the parking lot. He thought they needed to be careful there. Mr. Hickok stated, when they talked about the numbers, they were thinking about commercial entities and the impacts on parking lots. As you think about the language for churches and schools, you may want to think about a separate paragraph about the standards by which they would need to abide. A site plan would be 1. �2 PLANNING CONIlrlISSION MEETING, NOVEI�ER 19, 1997 PAGE 13 an important piece to make sure it is compatible, that it would not cause problems, etc. If you are not comfortable with that, leave more flexibility and discretion for those entities. These are not the typical entities they have been concerned with in the past. Mr. Saba stated they are on kind of dangerous ground when they talk about celebrations and similar events by churches and schools, fundraisers, etc. He thought they should put in language that addresses that issue. The consensus of the Planning Commission was to include language to address events conducted by churches and schools. Ms. Savage stated the Commission would not at this point make any firm requirements, but the concerns are noted. Ms. McPherson stated the City Council would look at this fairly shortly. Staff will include in their memo the points discussed at this meeting. Staff may amend the proposed language to reflect these comments so the City Council can further discuss them. The Planning Commission will host a business owners meetings to talk about the language and get feedback. Staff will prepare the ordinance language for some time in March or April of next year. At that point, you will see more formal standards. 3. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORIT� MEETING OF OCTOBER 9, 1997 MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the minutes of the Housing & Redevelopment Authority meeting of October 9, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERG� COPM�IISSION MEETING OF OCTOBER 21. 1997 MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the minutes of the Environmental Quality & Energy Commission meeting of October 21, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APPEALS CONIl�IISSION MEETING OF OCTOBER 22, 1997 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the i.13 PLANNING CON�lISSION MEETING, NOVII��ER 19, 1997 PAGE 14 minutes of the Appeals Commission meeting of October 22, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. �:�����lit i�����N MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND TIiE NOVEI�ER 19, 1997, PLANNING COI�Il�IISSION MEETING ADJOURNED AT 8:52 P.M. Respectfully submitted, � �� � � �� Lavonn Cooper Recording Secretary i.14 0 S I G N— IN S H E E T PLANNING COMMISSION.MEETING, �November 19, 1997 1.15 MEMORANDUM DEVELOPMENT DIRECTOR DATE: December 4, 1997 TO: William Bums, City Manager�,�a FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator SUBJECT: Weyerhaeuser Contract Extension New contracts for the Fridley Recycling Center services with Great Westem and BFI become effective February 1, 1998. Staff felt this would be the best possible time to make a transition since it is typically a slow time for business. However, our existing contract with Weyerhaeuser expires December 31, 1997. Therefore, we need a 30 day extension of the existing Weyerhaeuser agreement to cover service through January 31, 1998. Weyerhaeuser staff verbally agreed to such an arrangement months ago, but we must formalize that arrangement with the attached agreement amendment for our protection. ' • u �' • Staff recommends that the City Council approve the attached "Amendment to Service Agreement", extending services with Weyerhaeuser until January 31, 1998. This amendment needs to be authorized by the end of the year to prevent a disruption in service. JJ/ M-97-497 2.01 r_T„ . • ►, , • : : ►� , THIS AGREEMENT is made on the day of December, 1997, befinreen the City of Fridley, Fridley, Minnesota, ("the City") and Weyerhaeuser Company ("the Contractor"). WHEREAS, the Contractor is in the business of transporting and marketing recyclables; and, WHEREAS, the City desires to extend their existing service agreement with the Contractor an additional 30 days in accordance with the terms of a Service Agreement dated February 27, 1997, with the following amendment to Section I., on page 1. NOW, THEREFORE, the City and Contractor agree as follows: TERM OF SERVICE: The Contractor is to service the Fridley Recycling Center from January 2, 1997, through January 31, 1998. Executed as of the day and year first above written. CITY OF FRIDLEY By Its City Manager WEYERHAEUSER COMPANY By Its 2.�2 MEMORANDUM DEVELOPMENT DIRECTOR DATE: December 4, 1997 TO: William Burns, City Manager ��� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approve 1998 GIS Range Rider Proposal with PlanSight, LLC Jerry Happel, Principal, PlanSight LLC has submitted the attached proposal for GIS Services for the cities of Andover, Columbia Heights, and Fridley for 1998. This proposal will be more individualized for each city compared to the propos.al approved for 1997. The services to be provided to the City of Fridley include: • Nefinrorked GIS data access • Storm water coverage • Watermain coverage • Sanitary sewer coverage • Multi-unit addresses • Building Permit issuance analysis • Vacant Commercial and Industrial Land Inventory • Code Enforcement analysis • Polling Place locator • Springbrook wetland analysis As the list indicates, the proposed projects should, either directly or indirectly, benefit all departments and improve the efficiency of information dissemination to #he public. The administrative responsibilities of each city will remain the same: financial matters handled by Columbia Heights, contract preparation by Andover, and general administration by Fridley. The total cost of the 1998 contract is $47,000, a 15% 3.01 Approve 1998 GIS Proposal December 4, 1997 Page 2 increase over 1997's contract of $40,000. The City of Fridley's portion will be $15,666 versus $13,333, an increase of $2,333. Recommendation Staff recommends that the City Council approve the attached proposal for GIS Services for 1998 and authorize the City Manager to execute the contract once it has been received. The Andover City Council has approved the proposal. 3.02 Proposa( for the Staffiog of a GIS Range Rider for the Cities of Andover, Columbia Heights, and Fridley. Prepared by: Jerry Happel, Principal PlanSight, LLC October 24, 1997 3.03 Introduction• The Tri-City GIS Range Rider program has been a very interesting test of how cities can jointly address GIS stafling issues. The first portion of this report briefly evaluates how well the project has met the original goals, reviews the unexpected events that occurred over the past year, discusses the performance of city sta1� and compares the value of the GIS services rendered against other oprions. The second portion of this report outlines the proposed scope of GIS services offered by PlanSight, LLC and an estimate of the associated hours and costs. Hopefully, this report will provide a basis for evaluating the 1997 Tri-City GIS Range Rider Program and discussing the future plans for GIS in each city. Preliminarv 1997 Tri-Citv GIS Ran�e Rider Proiect Evatuation 1997 GIS Goals• From P1anSight's perspective, we feel that the 199? program was a success. In reviewing the goals outline in the 1997 contract, we estimate that by the end of this year, we will have completed a majority of the tasks identified, and, in some instances, we wili have gone well beyond whax we originatly anticipated doing. On the other hand, a few of the tasks we planned on compteting this year may have to be postponed untii next year or be dropped altagether. Following are the specific tasks outlined in the original contract and a brief discussion of what has been accomptished (or will be by the end of the year): 1. Identifv all existing GIS databases, databases that are not currentiv in GIS format btet mav be in�ated into GIS in the future, and all databases maintained at the countv, state, or national level that would be useful in each citv's GIS (for example: census data, wetlands data. soils data, contaminated sites aerial photographs etc. ). All existing GIS databases have been identified and documented. Most of the e�cisting non-GIS databases that could be incorporated into the GIS have been reviewed, but not necessarily documented. Some, but not all of the relevant data available from the county, state, and national sources have been explored. Additionat sources of data will be identified on an as-needed basis. 2. Assess Ihe information for completeness, accuracv, cmd date. A significant amount of time was spent assessing the existing databases in each city. Some of the data previously generated was considered inadequate and scratched, but in most cases, the old data was found useful and became the foundation for the GIS. 3. Prioritize the need for updating GIS data based upon its »eed mnong participating departments. Staff from all departments were interviewed earty in the process to help us prioritize data development. Most "core" GIS data has been brought up-to-date. Some other tess important data still needs to be updated (probabiy on an as-needed basis). =�. Describe nature o,�updates reauired. The updates completed to the GIS data are docume�ed in the Coverage Description portion of the GIS Administrators Handbook. A history of changes is being maintained as part of these description sheets. S. Organize, restructure, rnut simpl� existing GIS file svstem to improve e iciencv and to f'acilitate commonalties among the GIS file structiire of all participating cities. Each cities filing structure and naming convemions have been reworked. Data from a number of different sources and locations was combined in one location. A description will be available in the GIS Administrator's Handbook. 6. Develop a data dictionar�(metadata) o all existing GIS files. Daeument alJ information pertaining to the source, gualitv. completeness, format, etc. a existrng GIS data. Ensure that the metadata developed meets all local, state, arrd national starrdcrrds for metadatcr. Provide metadata re orts in di�ita! cmd hardcopx, format. Metadata standards have been incorporated from state and federal sources where applicabte to each city. Dae to difficulties in obtaining the information necessary for generating full metadata on all of each cities GIS databases, a simplified version of the state and federal metadata standards was generated and utilized for this project. See the coverage descriptions sheets included in the GIS Admirtistrator's handbook for examples. 3.04 generated and utilized for this project. See the coverage descriptions sheets included in the GIS Administrator's handbook for e�camples. ?. F'erifv the accuracv of parcels on the GIS basemap Acfd new parcels cmd corresponding in ormation (PINs ac�dresses, etc.) to �xisting GI.S parcel basema�s czs needed rVl parce(s in each city have been updated. 8. ijerify the accuracv of existing PINs Cvrrect a!I incorrecl PINs and cufd new PINs where necessarv. PIN updates are still underway. It is anticipated that most PINs will have been corrected by the end of the year. 9. Y'er� correet linka$es to A�toka Cauntv Assessors in,t'ormation. Link to Assessors data i necessarv. The link to the Anoka County Assessor's information was established early in the year and updated since then. Links were established through PINs. All of the Assessor's information is now available through each city's GIS. 10. L'erifX the existence of�arcel addresses Correct or add addresses to the database where �tecessarv. Stcrruiardi�e the adcfress data where necessary (St instead of Street Ave. instead of Averrue or Av.. etc. . Parcel addresses, where not already available, were gleamed from the Anoka County Assessor's information and standardized according to the US postal service guidelines. Corrections or additions to addresses are still underway as part of the ongoing parcel and PIN updating process. 11. Verifv the existence of road names Add road names where necessar� Format road names or viewinQ at a variet�of scales rangi�rg from 1"=1000' to 1"-2D0'. Street names are currently available and a number of scales. 12. Ensure that all chcmg,es��modifications mcuie to the basemap cmd databases are as consistent as possible between the participerting cities and the countv Docum�rrt anX inconsistencies. Changes to data have been consistent between each city. However, database consistency between the cities and county could not be estabGshed in many cases because of restricted access to Anoka County data. In addition, the county has no focmal procedure to aliow for the reporting of errors. 13. Conform basemaps to the Anoka Cauntv Coordinate Svstem where necessmv. All GIS data has been trar�sformed to the Anoka County Coordinate system. 14. Develop c7istom crpplications to run in Arc[�iew which sim�lifv complex tasks. Several applications have been developed and distributed among each city. These applicarions are either currently in use in each city or will be implemented in the near future. In fact, more time was spent on this task than originalty anticipated due to staff interest in these applications. 1 S. Customize each script proc�uced %r use in other participating cities. Each script generated has been used in full or part for similar scripts in each eity. In some cases these scripts had too be modified substantially to meet the neec3s of eaeh city. 16. Provide training in the use of these scripts. Training in the use of scripts has been on a on�on-one basis with these staff who requested the development of custom applications. As the "bugs" are worked out of these scripts, additional training for other city staff will be available. 17. Develo� lirrk between GIS rnul Enforce. Hooray! The link to Enforce was accomplished with minimum difficulty. Police data for both Fridley and Columbia Heig}►ts is, or soon will be, linked to the GIS and available for analysis and mapping. 18. Train Public Saferv Sta�f'in the use o� Fridley is currently the only city with GIS in the Police department. However, we are considering the use of ArcExplorer as a crime analysis tool in Columbia Heights. 19. Assist staff in the GIS analvsis and presentation of crime data. Crime data was analyzed and presented in a number of formats for Columbia Heights. Fridley's police department is currently being trained on how to use GIS. 20. Develop el�stom a�plieations using seripts to simpli complex tasks. Specialized scripts are currently being developed to access, ana(yze, and present crime related data. 21. Schedule and �renare jornt intrafuction to AreView trainrng sessions or partieivatinQ eities. Joint trnining should consist of -1-8 hours of ArcUiew 3 0 traiMing in a centrali�ed location. Earnect 2-3 sti�dents�'vr each course. 3.05 Training sessions have been postponed for several reasons: 1) there are only a few copies of ArcVew available in each city, 2) many of the people who would be attending these sessions have already had some one-on-one training, and, most importantly, 3) ArcEYplorer promises to be a much more wide(y used GIS tool and should be used in place of ArcView in many cases. Joint training sessions in , ArcExplorer would be much more beneficial for most city employees interested in accessing and analyzing the available GIS data. Joint training in either ArcView or ArcExplorer is still being considered, but is premature until a new GIS plan incorparating ArcExplorer is developed. 22. Sneciadized trairring on the specialized daitv applrcations of GIS in each departme�rt. Trairri�rg should take place at each citv with as manXsta,t' as possible. Each cities hardware aiui software wild be usec� Informal one-on-one training with city staffs has been undertaken as needed, especially in concert w-ith the development of specialized scripts. Widespread one-on-one training has not been scheduled for the same reasons previously discussed. Overall we think we did a pretty good job staying focused on the original project goals. This was sometimes frustrating for both ourselves and city staff because we had to pastpone several projects until we could be sure the original goals were met. The GLS Range Rider Team: The team approach to providing services worked very well in some instances and less well in others. We were able to work together a number of times to successfully address a number of problems. Often, we were able to split up GIS tasks to take better advantage of our respective skills. This approach worked very well except for those times when the skills of one of us was needed when the other was working on the project. These instances were relatively few and we were usually able to work things out. T'he team approach also allowed us to double up and provide GIS services to two cities at the same time. As it has worked out so far, Joel Lenz has spent the most time on the project, primarily as a resuit of the high demand for custom ArcView applications and scripts. As a whole, we believe the team approach has significant advantages over a single individual and will continue to provide services in this fashion in the future. Unanticinated Develoaments: As with any major project, there were a few humps along the way. Following aze a few of the unanticipated events that were encountered: Custom A�plieation Developme»t We have spent more time than anticipated customizing ArcView for city staff. The populariry of the scripts demanded that we generate more of them than we originally intended. This is a positive turn of events as it reflects staff's desire to utilize GIS for common tasks. 1998 GIS tasks should include the continued development of custom applications for use in aIl three cities. Additiorral Projects: More GIS analysis and mapping projects were undertaken than was originally intended. In many cases, these projects were natural extensions of the GIS data updating process. Many of the projects, however, were for special purposes and not an integral part of the overall GIS implementation plan. ArcExplorer T`he introduction of ArcExplorer significantly changed our outlook for GIS data management, data dissemination, and training about two-thirds of the way through the project. We originally intended to use ArcView as the primary viewing and analysis tool for city staff. Now, with ArcExplorer, it is abvious that the need for ArcView will be limited to only thase staff who need to do some complex data generarion, analysis, or mapping_ ArcExplorer has now become the software of choice for those staff who oniy need occasional access to GIS data. They way in which ArcExplorer handles information is significantly different than ArcView. This change in data management requirements means we have to adjust our original GIS data management procedures. While this has thrown a hiccup into ovr original plans, I think the result will be a vastly more utitized GIS database. One of the highest priorities for 1998 should be to install ArcExplorer and the necessary GIS data on anyone's computer who would benefit. 3.06 plans, I think the result wiil be a vastly more utitized GIS database. One of the highest priorities for 1998 should be to install ArcExplorer and the necessary GIS data on anyone's computer who would bene$t. I.ate Startirlg Date Not Starting untiI May in Andover was unfortunate in the respect that we had to severely cut back our ours in Fridley and Columbia Heights just as many of the departments were becoming more awaze of GIS. The delay also caused some scheduling headaches later in the year. �ndover Parcel Basernav It took longer than anticipated to decide on how to update Andover's parcel basemap. We reviewed several options with city staff and finally decided on updating the parcels in-house. We are still concerned about the accuracy of this data, especially for use in engineering and public works. Parcel base map accuracy is also a problem to a lesser degree in Columbia Heights and Fridley. The Anoka County Survey department has recently stepped-up their development of a highly accurate digital parcel map. Presumabiy, this data witl be incorporated into the county's GIS database. If so, each city should plan on the acquisition of this data when and if it becomes available. Daitv Schedule: Due to other obligations, PlanSight staff are not always able to work consistent eight hour days on the Range Rider project. Staff meetings, client meetings, and other projects occasionally draw one or both of us away. As a result, we often have to work odd hours to keep up on our time. Right now we are appro�umately one week belund on hours for the year. We will both be working at the same time on the Range Rider project during parts of November and December to make up for lost hours. City staff has been understanding and flexible in this regard. This does, however, pose some scheduling problems, especially as they retate to the continuity of the time spent in each city. Holi s The Tri-City GIS Range Rider Program was originally set up to provide a GIS technician with a fiill time job plus two weeks vacation per year. The 1997 contract called for 50 weeks/2000 hours of consulting services. Unfortunately, we forgot to take holidays into consideration. There are at Ieast 5 major holidays during the year that we can't work, therefore, we can only take off an additional 5 days during the year for vacation, etc. instead of the intended 10 days. Fridley Dlgitizer Woes and O►�erall Technical Support Toa much time was spent trying to get the digitizers to work in Fridley. Technical difficulties postponed several projects and caused a lot of frustration. Lack of computer technica} support within each city caused several delays. Probiems with computer equipment sometimes hampered our ability to provide quality services. Most of these problems have been resolved, but a few are still causing inefficiencies. Citv Staff Evaluation: City staff in a!1 three cities have been particularly helpful. The amount of direction and oversight has varied considerably from city to city, but all city staff members have been very helpful when there assistance was needed. Fotlowing are a few of the staff members Joel and I have found the most helpful in each city: Andover: Todd Haus Engineeting Scott Erickson Engineering John Hinsman Planning Jeff Johnson Planning David Carlberg Planning Ray Public Works Frank Public Works Fridle : 3.07 Fridlev: John Haukaus Engineering Char Zimmerman Enu,,i'neering Ray Statler Engineering Niichele McPherson Planning Rosie Griep Police Colrrmbia Hei�hts: Mark Winson Public Works Rich Nordstrom Engineering Jane Gleason Assessing Barb Public Works Joann Public Works Chief Police Value of Services Rendered: By the end of the year, each city will ha,ve spent $13,333.33 to have Joel and I provide GIS services on-site for four months. To judge whether or not each city received its money's worth, I would suggest comparing: 1) the cost of the amount and quality of wark we were able to complete with the cost of the amount and quality of work that was completed in the cities before our arrival, 2) the cost of similar services provided by an outside consultant, and 3) the cost of hiring a full time GIS professional. Fridley and Andover both had fuli time peop(e working on GIS before we started. In comparing the work these employees with the work we have done, we feel that we have heen much more productive and generated a much higt►er quatity of service than was previously available. If billed at the going rate for GIS consulting ($60.00-$80.00/hour), the same amount and quality of services rendered to the cities wouid have cost from $120,000.00 to $160,000.00. The third comparison would be the cost of hiring a similarly qualified full time GIS emptoyee. Annual salaries for GIS professionals ranging from $35,000.00 to $45,000.00 are routinely being paid by cities and other organizations in the Twin Cities area. These salaries trans[ate into real costs of at least $40,000.00 to $50,000.00 annually. Also keep in mind that the cities are benefiting from the experience of two GIS professionals instead of one. When considering all of these facts, we believe that the Tri-Cities aze getting a great deal, and so do several other communities that aze cunently considering starting similar GIS Range Rider programs. 3.08 Proposed 1998 Tri-City GIS Ran�e Rider Services 1998 Proaosed Proiect Overview: P1anSight woutd be willing to provide 49 weeks (1,960 hours) of full-time, on-site GIS technical assistance to Andover, Columbia Heights, and Fridiey from January 2, 1998, to December 31, 1998. The assistance would be in the form of one or more GIS Range Riders that would spend an average of 50 to 60 hours per month in each community over the course of the year. A majority of that time would be spent on-site using each communities existing GIS hardware, software, and data to complete the tasks outlined in this proposaI in addition to any other GIS related tasks identified during the project period. Proiett Personnel: Joel Lenz 66% of project time (approximately 1305 hours) 3erry Happel 33% of project time (appro�cimately 655 hours) Proposed Scoae of Services: During 1997, GIS tasks focused primarily on getting each city's GIS hardware, software, and data up to speed. With this accomplished, GIS tasks for 1998 should focus on the individual needs of each community. In general, tasks would include: • Conceritrating o�7 GIS rnacrlysis and mapping projects. • Contiriui�rg to maintain core GIS data in each commr�nity. Findirrg ways to increase the accuracy of data as needed • Expandi�2g the r�se of GIS data to al! departments utilizing ArcExplorer as much as possible and .Arcti'iew when necessa�y. Provide training to city staff. Generate custom copies of GIS Llser's Ka�ulbook that deal with the speeifres of hcnv each user or department uses GIS. • Defrning and develop custom database 's for each department for use with ArcExplorer. • Continuing the development and refrnement of scripts to automate cmd simplify routine GIS tasks. Transfer these scripts to each city as applicable. • Lrcorporating crdditrona! GIS data from county, state a�rd federal sources as needed • Irrcorporatirrg additiorral databases from each department into the GIS. Specific GIS tasks to be undertaken in each city will include: Andover: • Integrate Utility Databases (Publie Works) • i�atershed Project. Watershed z�tilizing County data and out side sources. (Public Works) • llpctating current maps (Prrblic WorksJ • Developing an address map book. Pcrrcel Addresses 1997-98 (P:�blic Works} • Mapping & analysis for Compreher:sive plar�rning Process (PlrntningJ • Updating of eXJSllit� ritRpS QilGi C�Q1QbQSCS. �PICAJItIII� � Seripti�tg for mailirrg Lcrbels arrd ge�teral (I'lanning & Engi�reeringj • Creating a linkable database from commercial building data sheets (Builcfings) • Additional tasks as identrfied Columbia Heights: • Linking Utility Databases to Sewer and Water Covernges (Public Works/E�lgineerin� • Updating parcel accuracy (Public WorksiEngineerin� • Providing analysis and mapping .rupport for ihe Comprehensive Plara Proeess (Plarrnin� • Arralyzing and map crime data (Police). • Lirak GIS to fire database.'cmalyze a�rd mcrp data8ase informadion (Fire): • Develop process for dealing with easemerzts in GIS (Fi�rarrce�Assessin�. • �4dditio�ral tcrsks as identifted Fridley: 3.09 Fridley: • GIS ctiitc� crccess via network (Cityj • Storm water c�verage enhrn:eement (Public worksj . Water mains coverage enhcnacement (Public Warks) • Sanitary sewer Coverage enhancement (Public Work.$) • Multi unit addressing solution (Planrring Fire) • Ba�i�re��rnrit issrun►�e w�tysis �C'anmwiity Developme�rt) . Tfaccnrt Larxi �lysis and mapping (Community Development) • Code Er forcemerrt li�rk (Commurtity Development) • Po(ling Place locator (Finance) • Wetland Analyses (Recreationj • Additional tasks as identified Pr000sed I998 Tri-Citv GIS RanQe Rider Proiect Cost: On-site GIS Technical Services (1,960 hours Cr�r�, $23.98/hour� $47.000.00 Each city would receive approximately 653 hours of GIS services for $15,666.00 per city. Other Considerations: All other aspects of the proposed project (billing, monthly reports, scheduling, ete.) would be similar to the 1997 project guidelines. Please tet me know if you have any questions. I wouid be happy to review this proposal with the group at your convenience. Thanks. SincereIy, Jerry Happel PlanSight, LLC 3.10 � � Cfi7 OF FRIDLEY MEMORANDUM William C. Hunt Assistant to the City Manager n Memo to: William W. Burns, City Manager f�?� ,� From: William C. Hunt, Assistant to the City Manager � Subject: Date: Compensation Adjustments December 3,1997 In order to prepare the final figures for the Personal Services portion of the 1998 budget it will be necessary for the City Council to approve a resolution adjusting salaries, benefits, and other forms of compensation for 1998. I recommend the following for employees who are not members of a bargaining unit. 1 2. A general increase of 3.0 percent in salaries. An increase of 3.0 percent in automobile allowances, where applicable. 3. A one-half cent increase in the mileage reimbursement rate from $0.31 per mile to $0.315 per mile (the current federal Internal Revenue Service rate) for employees who use their own vehicles for City business. 'These recommenda.tions have been incorporated into the attached resolution. I request that you present this resolution to the Fridley City Council for action at their meeting of December 8, 1997. WCH/jb 4.01 RESOLUTION NO. -1997 A RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1998 CALENDAR YEAR WI�REAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City Employees within budgetaiy constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota. Loca1 Govemment Pay Equity Act; and WHEREAS, the City Council and City Staff have reviewed the City's financial position as well as economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments be authorized for employees of the City of Fridley, with the exception of employees who are members of a bazgaining �nit, effective January 1, 1998: 1. A general increase of 3.0 percent in employee salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. 3. Mileage reimbursement at the rate of $0.315 per mile. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS DAY OF , 1997. WII,LIAM A. CHAMPA - CITY CLERK 4.02 NANCY J. JORGENSON - MAYOR � L CITY OF FRIDLEY Memo to: From: Subject: Date: MEMORANDIIM William W. Burns, City Manager��� William C. Hunt, Assistant to the City Manage Agent's Insurance Service Agreement December 4,1997 William C . Hunt Assistant to the City Manager r �� Every three yeazs for the past fifteen years it has been the City's practice to solicit proposals for insurance and risk management services. On October 29, 1997, we sent out requests for proposals to twenty-three agencies. We worked from a list of agents serving metropolitan area cities with a population of 20,000 or more supplied by the League of Minnesota Cities Insurance Trust (LMCIT). We also sent proposals to agencies which had submitted proposals in 1994 or who had indicated interest in the intervening yeazs. Six agencies submitted proposals by the November 26, 1997, deadline. I have reviewed the proposals. Criteria for the review included the stability of the agency, experience with government accounts, level of professional liability insurance, willingness to provide services "net of commission," and cost of services over a three year period. The quality of the proposals was unifoimly high. I believe that any one of the agencies which submitted proposals would do an excellent job of providing insurance and risk management advice and consultation to the City. As a result, the decision hinges mainly upon the cost of the services to the City. AGENCY Aon Risk Services Youngdahl Companies Twin City Group Krause-Anderson Insurance Corporate 4 Ins. Agency, Inc. Acordia of Minnesota. 1998 $15,000 $11,500 $10,000 $ 7,500 $ 4,000 1999 2000 $15,000 $15,000 $11,500 $11,500 $10,000 $10,000 $ 5,750 $ 5,750 $ 4,000 $ 4,000 $ 3,500 $ 3,500 $ 3,500 5.01 *or an initial payment of $9,000 for the three year period TOTAL $45,000 $34,500 $30,000 $19,000 $12,000 $10,500* Memorandum to William W. Burns Agent's Insurance Service Agreement December 4, 1997 Page Two In the past five years Acordia has served the cities of Bloomington, Falcon Heights, Coon Rapids, Oak Grove, Apple Valley, Tonka Bay, Hammond, and New Trier as well as other governmental jurisdictions ranging from Independent School Districts to a Police Relief Association. Acordia also gave satisfactory responses to all the questions in the City's request for proposal. For the past six yeazs Corporate 4 Insurance Agency, Inc. through their Vice President, Michael L. Hadtrath, has served as the City's Agent of Record and insurance and risk management consultant. In addition to Fridley they have also served the cities of Maplewood, Spring Lake Park, Pine City, Kelliher, Ham Lake, Littlefork, and Champlin as well as other governmental jurisdictions. In my estimation, they have served the City well and have fulfilled the requirements of the contract. After six years of actual positive experience with Corporate 4 during which the total premium for a111ines of insurance declined from $405,909 in 1993 to $301,046 in 1997, I hesitate to recommend a change in the City's Agent of Record for a savings of $1,000 per year in the fee. Also, the City's Staff Accountant, Paul Hansen, has recenfly resigned. Mr. Hansen handled the premium administration for our insurance policies. It will take his successor some time to become familiar with our accounts. Retaining our current Agent of Record will help us to maintain the continuity of our various services and programs. As a result, I recommend Corporate 4 Insurance Agency, Inc. to continue as the City of Fridley's Insurance Agent of Record for the next three years for an annual fee of $4,000.00, and I have prepared a resolution to that effect and a contract for approval. I would appreciate your presenting this matter to the City Council for consideration at their meeting of December 8, 1997. c. Richard D. Pribyl, Director of Finance/City Treasurer 5.42 RESOLUTION NO. -1997 A RESOLUTION APPROVING AN AGENT'S INSURANCE SERVICE AGREEMENT WITH CORPORAT'E 4 INSURANCE AGENCY, INC. WHEREAS, it is the policy of the City of Fridley to protect the employees and assets of the City by instituting appropriate risk management procedures and by procuring adequate insurance coverage; and . WHEREAS, the services of an insurance agent help provide appropriate risk management services and insurance coverage for the lowest available cost; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that Corporate 4 Insurance Agency, Inc. be designated agent of record for the City of Fridley. BE IT FLTRTI-�R RESOLVED that the Mayor and the City Manager be authorized to execute the attached Agent's Insurance Service Agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WII,LIAM A. CHAMPA - CITY CLERK 5.03 NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY AGENT'S INSURANCE SERVICE AGREEMENT This agreement made , 1997, between the City of Fridley Insured, hereinafter referred to as "CLIENT," and Canpancr,te 4 In�scucance Agency, Inc. Insurance Agent, Broker, and Risk Management Advisor, hereinafter referred to as "AGENT." "CLIENT" agrees to engage the services of "AGENT" as Insurance Servicing Agent of Record with respect to all Insurance of "CLIENT" within the scope of Professional Liability, Fire, Workers' Compensation, Casualty and Marine Insurance, and Fidelity and Surety Bonds, hereinafter referred to collectively as "Insurance," subject to the following items and conditions: I. Term of Agreement This agreement shall take effect on January 1, 1998 and shall continue and remain in effect for a period of three (3) years, unless it is terminated prior to the 31st day of December, 2000, by either party giving the other sixty (60) days prior written notice of termination. II. Agency Representation It is agreed that, with respect to all services to be performed under this agreement, "AGENT" shall at all times and in all circumstances be the Insurance representative of "CLIENT" and shall use its best efforts to ascertain and understand the risks and the Insurance needs of "CLZENT" and, in all such matters, to act as though "CLIENTS" interest were its own. "AGENT" shall also act in Insurance Agent to negotiate, (if any) on all or part of unless use of another agent "AGENT" shall be under the authorized by "CLIENT" any an and any possible conflict representation of any Insuran to be placed. the capacity of Insurance Broker or place, service and receive commission the Irisurance purchased by "CLIENT" or broker is authorized by "CLIENT." duty to fully disclose to personnel d all commissions, received or payable of interest relating to "AGENT'S" ce underwriter with which Insurance is "CLIENT" understands that "AGENT" shall act in the dual capacity of Risk Management Advisor and Insurance Agent. It is further agreed that the total compensation of "AGENT" as provided in Article IV hereof, shall not be affected by such dual capacity. 5.'04 III. Services "AGENT" agrees to perform during the period of this agreement, in a competent and protessional manner, the following services for the anticipated or maximum compensation specified in Article IV of this agreement: A. Exposure Survey: Establish a procedure for evaluating all exposures to insurable losses which are involved in the operations of "CLIENT" and provide an exposure list updated annually. Particular attention shall be paid to those exposures which could result in a catastrophic loss. Work with "CLIENT'S" staff and advisors to explore alternative means of dealing with loss exposures, such as the elimination or reduction of risk, complete or partial reduction of risk through deductibles or self-insurance schemes, and alternative Insurance underwriters and rating plans which minimize the present value of cash outflow. B. Specifications: Work with "CLIENT'S" staff and advisors to draft coverage specifications for insurance as shall be purchased by "CLIENT." Assist in annually filing the statement of insurable values. C. Quotes and Recommendations: Obtain proposals and quotes from qualified underwriters on a net of commission basis if available, for improving Insurance coverage, and work with the "CLIENT'S" staff and advisors to study and impartially evaluate all Insurance proposals received, in terms of the coverage provided, financial standing and services of the Underwriter and ultimate net cost to "CLIENT," and provide an Insurance policy inventory and summary, updated annually. D. Negotiate, Review Proposals and Claims: Conduct on behalf of the "CLIENT" all negotiations with all Insurance representatives and companies relating to issuance and maintenance of policies, audits, premium reports and all similar matters customarily handled by Insurance Agents, Brokers, and Advisors, including the obligation to make diligent efforts to continue any terminated policies. If "AGENT" is unable to obtain any insurance coverage, "CLIENT" shall obtain the coverage from another source. "CLIENT'S" staff and advisors shall be kept fully informed of all significant changes and shall be notified on any new Insurance programs prior to affecting any change. Audited and approved policies, endorsements and invoices shall be delivered to "CLIENT" with respect to all Insured losses. "AGENT" shall semi- 2 5.05 annually review liability by Insurance carrier and "CLIENT." E. Loss Control: and worker's compensation reserves listed rating bureau, and offer recommendation to "AGENT" shall serve as Advisor along with insurance company personnel with respect to Loss Control and Safety Engineering Programs. Services include inspection of plants and properties; pre-construction review of plans and specifications for new buildings and extensive alterations. This is in addition to and does not include services provided by employees or persons engaged by the Insurance Company. On or before the first day of November, "AGENT" shall submit an annual report of the work performed during the year, the results achieved, premiums paid and losses incurred on insured risks, a summary of the current insurance program and any outstanding unfulfilled recommendations for risk coverage or cost improvement. F. Communications: AGENT shall provide no charge phone accessibility, written confirmation and follow-up of communicating with "CLIENT" and Underwriters. AGENT shall assist "CLIENT'S" staff and advisors in the application and use of Risk Management procedures and information systems. G. Other Services: AGENT shall provide all of the services on attached list of "SERVICES TO BE PROVIDED BY AGENCY" incorporated by reference into this agreement. IV. � Total Compensation Amount The total compensation of "AGENT" for services performed under this agreement for the first year shall be a maximum of $ 4,000.00 for the second year shall be a maximum of $ 4,000. ; and for the third year shall be a maximum of S, Insurance invoices to "CLIENT" shall include a breakdown of policy premium by classification for budget allocation purposes, and a statement of fees payable. Premiums shall be remitted as invoiced. B. Definition "Total Compensation" for the purpose of this aqreement shall be deemed to be the sum of: All compensation received by "AGENT" from any Insurance Underwriter for Insurance required by "CLIENT" including both direct and 5.�6 � contingent commissions; and all compensation or reimbursement received by "AGENT" from "CLIENT." With respect to any Insurance written for a period of more than one year, only a yearly prorated credit shall be included in the calculation of "AGENT'S" compensation during each annual period said Insurance is in effect. If permitted by Insurance companies, only net premium charges shall be made in every Insurance placement irrespective of the level of compensation incurred. C. Excess If payments received by "AGENT" exceed the total compensation, "CLIENT" shall request "AGENT" to perform additional Risk Management services, other than the placement of Insurance, equal in value to such excess. If, however, "CLIENT" does not request such additional services, then "AGENT" shall remit such excess to "CLIENT," and this total compensation provision is hereby incorporated in any Insurance placed by "AGENT" on behalf of "CLIENT." � D. Invoice For the service specified "AGENT" shall be entitled to total compensation as specified above and as billed. The invoice provided by "AGENT" shall contain an itemized statement of services provided, time expended, and persons providing said service. V. Performance "CLIENT" agrees to make available to "AGENT" all necessary financial and operating data essential to the performance of services described in Article III. "CLIENT" shall provide access to its premises and properties and such written authorization as shall be required by rating bureaus, Insurance companies or similar organizations. � "CLIENT" agrees to appoint "AGENT" Agent of Record or Broker of Record for all Insurance Companies marketing products through the Agency System. 5.�7 � VI. Agreement This aqreement shall be binding upon the successors and assigns of the parties hereto. Executed in Minnesota this day of , 1997. WITNESS: WITNESS: by THE CITY OF FRIDLEY by Nancy J. Jorgenson, Mayor by William W. Burns, City Manager / :� � SERVICES TO BE PROVIDED BY AGENCY will provide the following services for the compensation specified in Section IV, A. of the Agent's Insurance Service Agreement 1. 2. 3. Prepare insurance coverage specifications 120 days prior to the renewal date. Review policies when issued for compliance with specifications within thirty (30) days of policy issue. Negotiate and place all property-casualty insurance lines required with uniform anniversary dates. 4. Provide information in writing on relevant changes in the insurance market with recommendations for upgrading the existing insurance program, if applicable. 5. Assist in developing comprehensive insurance coverages. 6. Provide an insurance policy inventory and a cumulative five- year premium and loss summary within thirty (30) days of renewal date. 7. Provide premium allocation distributed by insured departments or locations within thirty (30) days of renewal. 8. Provide a complete accounting of all compensation earned (direct and contingent) on this account by December 31 of each year. � 10. Provide a loss exposure list with appropriate classiiications, updated annually within thirty (30) days of renewal date. Assist in claims control and loss adjustment. 11. Assist in minimizing premiums by reviewing and auditing rate schedules and formulas, and review claims reserves semi- annually before unit loss reports are filed. 12. 13. 14. 15. Review insurer audits and premium calculations within thirty (30) days of receipt of notice. Assist in loss prevention engineering and loss control programs. Provide a schedule of property values for insurance purposes 120 days prior to the renewal date. Provide property appraisals when needed. 6 5.09 16. File updated property values annually with the insurer or the Insurance Services Office to waive application of coinsurance. 17. Attend insured's prevention and loss control meetings when necessary. 18. Provide written confirmation and follow-up on all communications with the insured and insurers. 19. Submit premium invoices as necessary to provide timely and complete insurance coverage. 20. Adjust coverages and premiums with ten (10) days of report of changes by the insured. ' 21. Provide estimates of future premiums for budget proposals in March with a review in August. 22. Obtain Motor Vehicle Driving Records within seven (7) days of request. 23. Review lease agreements and contracts within fifteen (15) days of being received or notified of. 24. Provide coverage and procedure seminars�for "CLIENT'S" staff within thirty (30) days of renewal date. 25. By August 1, 1994, complete workers' compensation self insurance feasibility study. 7 5.10 CITY OF FRIDLEY M E M O R A N D U M � � TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICF3ARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: MINNESOTA LAWFUL GP,I�LING PREMISE PERMIT RENEWAL APPLICATION FOR CLI1� DATE: DECEMBER 4, 1997 Attached is a resolution approving the renewal application for a Minnesota Lawful Gambling Premise Permit for CLIMB of St. Paul. Gambling will be conducted at Maple Lanes, 6310 Highway 65. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. For your review, a separate sheet, titled "CLIMB PROGRAMMING", is also attached. This sheet shows CLIMB's charitable contributions to our trade area. Staff has found no reason to deny this renewal application. 6.01 RESOLUTION NO. - 1997 RESOLUTION IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWF[JL C�,I�LING PREMISE PERMIT TO CLIMB (CREATIVE LEARNING IN MIND & BODY) THEATRE COI�ANY WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for CLIMB THEATRE COMPANY; and WHEREAS, the location of the Premise Permit is for Maple Lanes 6310 Highway 65 NE; 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 CLIMB Theatre Company. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ERIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 6.02 NANCY J. JORGENSON - MAYOR CLIMB PROGRAMMING Date School February 1998 Fridley High School November 1997 BelaiNNew Brighton April 1998 Belair/New Brighton January 1998 Woodcrest Elementary/ Blaine P rog ra m Supuort Funds Gender $ 651.00 Sexual Harassment Residency $ 613.00 Sexual Harassment Residency Acceptance of $ 2, 2 20 .0 0 Differences Residency February 1998 Irondale Middle SchooV Transitions New Brighton Residency January 1998 Mississippi Elementary/ Residency Coon Rapids October 1997 Palmer Lake Elementary/ Gender Brooklyn Park November 1997 Madison Elementary/Blaine Ouch! / Owie! February 1998 Brooklyn Center January 1998 Soar Attenative/ Brooklyn Park 6.03 Gender Gender $ 204.00 $2,220.00 $ 398.00 $ 358.00 $ 440.00 $ 213.00 f r m / � � oF FRIOLEY LICENSES GENERAL CONTRACTOR-COMMERCIAL Marathon Group Inc 7509 W 27 St Minneapolis MN 55426 Bruce Utne Metro Chimney 14808 Portland Ave S Burnsville MN 55337 Joe Olson GENERAL CONTRACTOR-RESIDENTIAL Ford Dwayne Contractor (20093308) 4830 104 Ln Blaine MN 55014 Dwayne Ford Shallbetter Construction Inc (20078993) 4386 Chestnut Ln NE Prior Lake MN 55372 Brian Shallbetter Z Roofing (20040160) 1814 Quarry Rd St Cloud MN 56301 PLUMBING Facilitech 7206 Washington Ave S Eden Prairie MN 55344 Geehan Plumbing Company 958 Nevada Ave W St Paul, MN 55117 SIGN ERECTOR G& J Awning & Canvas Inc 126010StN Sauk Rapids MN 56379 Ron Zimmerman Bruce Kuchinka James Geehan Gary Buermann $.�2 RONJULKOWSKI Building Official Same STATE OF MINN Same Same STATE OF MINN Same RON JULKOWSKI Building Official e�mo ��- T« vv��a�„ w. B�s `� �� F� Dave s�rra�, C� Dabe 11/19/97 Ree Public He�ing One of the requirernents of the recent blodc grant which w�e w�re awarded ($21,679), is that we conduct a public hearing. The public hearing we held for last year's grarrt �asted about 30 seconds at the beginning of a counai meeting. We have adverfised this biock grant for the meeting o# December 8,1997. it is our inte�t to purchase a speed trailer and some additional equipment (digital cameras, etc.) which was removed from the 1998 capita! outlay budget A second requirement is to have a atizen's board review and make recommendations on spending the money. The biodc captain's advisory board wi8 provide that service on Decerr�er 1. I am requesting that the Couna! establish the pubtic hearing for Decernber 8,1997. � ��' 10.01 MEMORANDUM PLANNING DIVISION DATE: December 3, 1997 TO: William W. Bums, City Manager �� � FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Dommer Development Proposal for Ralph Skinner property, 6217 Central Avenue Philip Dommer of The Philip Stephan Companies, Inc. is proposing a 7 lot, single family subdivision at 6217 Central Avenue. -Originally, Mr. Domme�'s plat was scheduled to appear on the City Council's October 13, 1997 agenda. Prior to the October 13, City Council hearing, Mr. Dommer requested an extension until November 10, 1997. Mr. Dommer later asked for an extension until December 8, 1997. A critical flaw in the proposed plat remains. It is staff's understanding in talking with Rick Brickner (on Wednesday, December 3, 1997) that an agreement has not been reached with Philip Stephan Companies, Inc., on Outlot B, Heather Hills West. StafPs position remains the same on the outlot issue. Outlot B, Heather Hills West is recorded at Anoka County. Outlot B, Heather Hills West, separates Mr. Dommer's plat from Heather Place street and utility access. Simply stated, without Outlot 6, Heather Hills West, Mr. Dommer's plat does not have legal street access for anything more than the existing single lot. During the Planning Commission meeting, a number of questions were raised about reserving a 30 foot easement along the north lot lines of Lots 6 and 7. Staff recommended 30 feet to preserve the City's options for extension of Ben Moore Drive to the north of the subject property. The severity of the topography in this area make the Ben Moore extension very costly and would drastically change the natural environment. 11.01 William W. Burns December 3, 1997 PAGE 2 Therefore, staff recommends a 15' wide drainage and utility easement be dedicated along the north edge of Lots 6 and 7(Developer's Outlot A). This still provides adequate area for a watermain loop. The 2 options available to the Council are to approve the proposed plat with stipulations, or deny the plat due to lack of access. Mr. Dommer's plat request must be acted on by December 12, 1997, in accordance with the 60-day agency action law. If the Council elects to approve the plat, staff recommends the following stipulations (note the dimension modification made to stipulation number 4): 1. Prior to approval of the final plat, the petitioner shall acquire Outlot B, Heather Hills West and incorporate it into the plat. 2. Park fees shall be paid at the time of the building permit ($1,500/lot). 3. Outlot A shall be changed to Lot 7. 4. A 15' street and utility easement shall be dedicated along the north property lines of Lot 6 and Lot 7(Developer's proposed Outlot A). 5. Prior to issuance of a building permit on Lot 7, a detailed grading and drainage and erosion control plan shall be submitted for the driveway and house. 6. No driveway access to Central Avenue shall be permitted. 7. The developer shall place restrictive covenants on the property regarding maintenance of shared amenities. 8. A maximum of 3 driveways will be permitted on Heather Place from the proposed development. 9. A demolition or moving permit shall be obtained prior to demolition or movement of the existing home. 10. Dedication of the 50' westemmost parcel illustrated on the proposed plat shall be dedicated for County Roadway purposes. 11. All engineering issues identified shall be rectified to satisfy the City Engineering Staff prior to final plat submittal. 12. The 50' eastemmost parcel illustrated on the proposed plat shall be dedicated for County Roadway purposes. 13. All engineering issues identified shall be rectified to satisfy the City Engineering staff prior to final plat submittaL 14. Lot 1 shall be modified to reflect a 80' lot width (as required by the subdivision ordinance) and all other lots shall be adjusted as necessary to maintain a minimum of 75' of lot width. 1i.02 William W. Bums December 3, 1997 PAGE 3 RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission to deny PS #97-04, due to lack of required street frontage. 11.03 �� u� . . �' � � � � � � �' A�E 1E L.T J — - � IYII � � � ■� � � _ qCEQ�CFDlE � �is..:..�,;. �11fl9 �Of15: � R-1 - One Fariy lJr� 0 1�2 - Two Family Urrts 0 R 3- C�eneral M/tiple Urits � R 4- Nbbile Hare Parks � PUD - Pk�rcied Urit De�eloprr�ent � s, -���� o sz - �� a� 0 G1 - Laal 8usiness 0 G2 - C'�ner'al &siness � G3 - General Sho�i�9 � GR1- Ga�erdl Offioe o�, -��� � M-2 - �"�Y �r�d�i� � nM1.9 - outdoor trte�.siv�e Heavy �nd. � � - r�di�roeds 0 P - Pti�lic Facilides p vuA�t 0 wc�{r-o�waY PS 97-04, 6217 Central Avenue The petitioner, Phil Dommer, requests that a prel i mi nary plat be approved to allow the creation of six single farnily dw�elling k��!ilding sites. 11.04 M AVE DE �F600NEAVElE OAVEIE N A 2l2BJ97 ���,�„��� Or1 OICjt1EY'10E (V0. 70 ffi1d ZOf1i►19 �f�flv@ d� �rn�s �wan �n �r�q «�- �ioes acio�ted arid effective as of ?J1 71'97. The Gity Of Fri(iey Fras h�lcen e�y efFort b� p�+o- �m� rr,o� �-� ��«� ���. The c�ita pre,sented here is stbjed b char�e. The Qily of Fridey vN71 not be respor�'ble �or unforeseen erras or us�e af this doarr�ent. Scott Hickok City of Fridley 6431 University Avenue NE Fridley, MN 55432 RE: Preliminary Plat Heather Hills North Dear Scott: COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304 (612) 754-3520 FAX (612) 754-3532 October 16, 1997 We have reviewed the preliminary plat for Heather Hills North to be located east of CSAH No. 35 (Central Avenue) near Ben More Drive within the City of Fridley, and I offer the following comments: Existing right-of-way adjacent to CSAH No. 35 should be adequate for future reconstruction purposes (50 feet of right-of-way east of CSAH No. 35 right-of-way centerline). Since all access will be made onto the city street, right-of-access along CSAH 35 is to be dedicated to Anoka County. The city and the developer shall ensure that this deve(opment will not include any landscape features that will obstruct intersection site distance along CSAH No. 35 Calculations must be submitted along with a grading and erosion control plan that delineates the drainage areas. The post-developed rate of discharge shall not exceed the pre-developed rate of discharge for the 10 Year, 24 Hour Storm utilizing the "Rationale Method" of design to determine the rate of discharge. If any work is io oe performed within tne county right-oi-way, a permit is required and must be obtained prior to the commencement of any construction. Contact Roger Butler, Traffic Engineering Coordinator for this department, for further information regarding the permit process. Thank you for the opportunity to comment. Feel free to contact me if you have any questions. Since � � ����� . Ja� '. Pemble Traffic Engineer xc: Roger Butler, Traffic Engineering Coord:nator xc: Mike Kelly, Chief Right-of-Way A�ent xc: Skip Anderson, County Surveyor xc: 1997 City of Fridley File 11.0 'rJ Affirmative Action / Equal Opportunity Employer - I _ _ ... gL'8ZF - -- � — — — ` � 00'l9 00"�O/ ° •-•9L't9/... ...-t' . . � ; . \ -••� � I ` — � V 7 � � ---,> V � ' `•i ...�; i :� '•. :���' "' -- `-� : a O� o� 3b' ��E ' .� °, `� ----- �; o q° �1b�5'� 1 I �o • �, . � '.o -- - o � ±� Qb ! 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J �OO. � � �=A•z4 °F I `�--� � Q � � ° = -_. � ' � \ � ' •� Q `� $ 1 O �6' i � p0 � � � p I o ,� ;�O � V �h � '�, h N h a r i� I � �) � � n�j n �� v �� � � � � W � N � � � � s I I � 1 /Z Sz �� � i � �aci1 oo'Sr /006 00"SZ/ FL'Z9 I ' ---- •-- �L '1 iE •-- •-- o M„ S/,9�oON p �, � �r//%1 �i'°7 ��ooW oC �zF� ^ : � ~ _ir, . . � ...� -'C' ',`� -•✓ " „ la�' ,:.lr:i :.�' — — MOId' A/OFI f/ ua.f»s' fo o/, �S J° aui� fr��.,. 1y.06 OFFICIAL DOCUIV�I��IT ON FILE � AT ANOKA COUNTY � _ �a�71 � @'ai �k�i � . _ ' � E: �.�t s:,.:a .- , . . . _ � .. OFFICIAL DOCUMENT ON FILE AT ANOKA COUNTY KNGW AI.L 24;l1 BZ THFSE PRESe't.iTSc That Trust�ea of ths Psoplss Church of Columbla F#se htse� �d._k°<r, T��stee ef their auac�seor� in offias, a liiruaaota Corporation, own�rs and propri�tore, and��r�cicner`�illders'. Ine. Proflt Sh�rina l�uet, eontraet puroh�eer of the folloring d�serlbed property situated �n the Count� ot Aaolca, State of Hlnneeoia, to rdt� Lot Ocu, Slock 2hres (3), MOORE LASE fIILLS, Jncka Count�. Minn�aoti, acaording to ths plat th�reof on til� ud of r�cord in ths Offiee of ths Registr�r of ?itl�s ot sald Anoka Connty. Ha�s cau��d Lhe aus to b� survey�d and piatted as HEATHES HIISS iif�ST ud do 6�reby dooat� and dsdicat� to th� pnblic nss for��sr th� pLc� and airole and also dsdioat� th� us�nts u shovn on this pLt for draicnge or utility pnrposss on�y, Also dediaats to the County of Molca t6e right of aoe�s• fr� Lot� 1. 2 and 3. Blook 1, to Connty Stab Aid itighvspr Dlo, jj, In vitn�aa wh�tyof said TruatNS of the Peoples Qturoh ot Colwubia Nelghta. 6ave cauaed thea� presents to bs si�s by its p oper affieers thls �lth day oS 19�L. ey /�.t�+,�c .� �., k� i�+�ir�, ; !�lr::�:.,,,� �r Re�ersrd Ibuglaa M. Aendereon, Chairman iL Han�en, Trsaaurer �,, Ci(��r r,�. 0,�� .�,��.0 � o CE�stsr A. Dunbar, Secrstary Ksith D. Kirk. Srustee 7he.,.oa E. Br�ckner, Trostte of In wStnesa +rhersot saldABricknsr Huild�rs'. Ina. Proflt Sharing Trust. hae o�ueed thes� prsesnta t0 b! Slgllsd t.)IiD �� day Of ' � i' o?A i9�j_�. �±. . ` /} � By _ � -'`� � S i+�Y+i� (�- � �r�'i .- . ' . ?homaa E. BMokner. 'l�uotee STATE OF MZ OTA COUNTS OF�jp,�[�_ Ths fo:agolag SnsLrsaent vaa acknovledqed be:ore me Lt�1s 1�� day oi �i%/i7� 19�` !_ by R�wrend Douglas X. Hend�rsoa. its Quirmanr by Ch�st�r A. Dunbar its S�or�tary� by � ' Mae�ya fi. Han��n its 'h�usnr�r. b� 1(aith D. ICirk its ?rustes of th� Trust�ss of Lh� P�opl�s Q►ureh of Co2�mbia Aeighta, and to th�ir anoo�ssore in offics, a Minneaota Corporation. on b�Lalf ot tE� oorporat�on. ,..�..-.,� ., . _ . . .. .. . �`f� ,r:�,,..,_:� �j� .c�.: � - — — __ ��N%'x�rrr,-'--,:•�--,:�.'- - -- �� - 1�R�,� �t.Y. 1Slanseot}-- -- —. .. .ww�.-...•..... ....••^,... !t► Comalsaion acpirss �I�.��. _r. i9rry , STATB OF IiINNESOTA ' COUNTS OF r� n t. L�a: � Th� forsgoing in+tr�ent vas aoknovlsdged bsfors me thia =� j� day ot ��`��a�� , 19 '�� b7 Thamas E. Btickr�er. 1Yvate� of E�icicaer Buildsra'. Inc. Profit Sharin6 2�ust. on bshalf of th� trust. ' - ,�'Ci.�1 C.N � � L61.�\ � � Notar� PuDlia. �. ^. L w.. Co�mt�, lLi�soti � !fy Caealsiioa �zpir�s r �'� � 7� • q ! �r Z'.»rai7 artifT �iit i r�� sn.-reyeC and pl.atted tb� PrnP�rt7 duerlb�d oo t�is ylii u fi3�.:34 EZILS :SST, tLat td:r p,Lt is • eorr�ct r�prrasatatien ot t6� s�Tq, t�L aIl yl+�te�i arv -orrvet,lf i�ovt ee tY� Qiat Sa tM: a�d handredthi of a:oot. tbat a]1 acr�cis hai� bMn ecrsret� placvd in t�s groaad u shavn. thai tbs ontald� baimdar� llws ar� oarrsctl� dal;natv.' oc tb� p2at and tbat ther� aty no v�t lands or public hiahva�s to b� desigaaLsd oth�r th�a as a�cwn. ld F. 2lsy�r, tarid S yor 211rmssota R�gistratioa DTo, 9p51 SSATfi OF !IIHl�SpTA CWNi7 OP A N n K a The for�going Sut��yur�Q Grtiflcat,� vas aoknorl�dgod befors A� thls 18� da of � 19gL by RoKld F. Hs��r. !ll+mseota E4giatratlon No. 9051. 7 � A� �`w`•' :I.1G1. ' ..�;:�t'�-4 � Lf �Y�!'i. /. / �%r77/' .f� a �v�..v�r ,.:�e>..: } ��r7 Publlo,__�/�J7K.4 Count , ? �. ���`•. t�o�ca .:v ; � }(� Co�disioo azpir�s _ T• ,r �wr r an�ao �_�..•.,.. ..�... r.. �. � - - ---t ,.�—sy � / � " W� do her�b,� certlfy that on the 1�7-~ day of /,'h Y C. of f�ldley, 2{iru�saata �ppro�ed thle plat. . . 19 ../ , Lhe City Council W C.[��t(.t �% �._ �yor � L. � - Clerk 19fi8,/ by osrtlty Uut thla pl�t han be�n ��•f1� Sa � jK da of .s° � « 7 �� f! fo �y,i. b o/ � `—�%// lh�-r�%C�(��.,.� . " � Anoka County Suztisyor � ' � � � - .-> � --. ...'�� � _.:. ..� � , - . .�: .�; ._�'.= --- : ... , . , r � ' I. - �.ez,ts�.os � - PL'8Zf � �. �:..- oo•z� oo•soi •-- ... p[ •z9i.-• ....i-� — - r - - - � ' ` ,� '-�� � , n � __� V p. 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C . :. - g. y�� �';��„ ,1 �-.�.. _`�, ��� . r�;;�:�y':�;�c�:��j ��i�'�:�', .:::, . �_ . � �i:., ' - EI ► � �a � ,�.- .. a) � �: ,�:. . � , r ���� ' 1 R,".:.• �re� . i� t: �,�„ r:;�� ti:� � -;1:`4' '' • t` 7�� � Sy; �. � , . _ , � _ i. ��..:�4' ,:r�?�'• '.. Jx• M1w ��� . +� _ � 4',lji'(; ;� ��!i �y, ' I:�F� f': ��'21� . ����;'z� � ��,�>>� � � � 1 `� � �-. ������'�, .,•. ' 1. 'r''� � ;�,.;��,= .. ,. � ����'� ±~ `� ' YA �"- , . ", � : . .' ' �,' Y \ :ti!�.. �' I� �� ,tY� ' .� ._ �_ 3 2. � ��� , I i � ! � t� I � �� I �I � l � 0 � . '� t 6 : , , � _o � � _ �. � �, \ 1' '� . �. > , C �j r Z `� _ a- .nw Q � � � O � N � S V � � � � � _ � w F flc F ��� 4 �� z�� �� t� g �m a n. ` � `1\ i; � i •_ , �„ I +� ,r � �—� ., - - � ���. ';. - � , 1 �b bl p �� � �.. � �� � �� - . � � � •. a: � ,�L � �� R�? v , Z W� g� ) ' �s�� ���r� ,�: ,� .�� - ,,. ,:;� � t � ��� � � � � n .+ � ► -,i / �\ � �4 � � i� � ( �-�t� �� E_�ta■ I�, � / ���.�� � � r-.►�'.■ �I ■+-��i ; �� i � �_ '�✓ � I �� � 0 �. � �� � / � i � d `_� , ' � - : � _ ... �. - - � - - - 11.13 � �� • � 7(?y/Q1� �i � � � ti� 3� i � w � Q � L � w I F= Q W I �r Y ` Q � � � � 1 ) � Z S� b Iv F-i fl5 .. � n N�/� 'd -1 b' ?� 1 N� J L L� zs /11-���� " � %' � � The Philip Stephen Companies Housing • Real Estate Development • Land se ervices 2605 Forestdale Road New Brighton, Minnesota 55112 (612) 604-0937 August 29, 1997 Area Neighbors Heather Place at Old Central RE: Heather Hills North Estate Homes Dear Neighbor: The P:u1;p Stephen ��u�panies, ��:. is proposirg a new sirgie farni?y sub�ivisior. on tiit northeast comer of Heather Place and Old Central. My hope is to speak with each of you prior to the pu�lic hearings, however, first, I want to provide you with some information on the project ror your consideration: Heather Hills North is a single family subdivision targeted at upscale buyers. Iieather Hiils'�iorth pr�pos�s s�s. new Iois which comply with the City requirements. Heather Hills North vv:ll prescribe architecrsral standards to control the quality and site orientati�n of new hoLnes to he built. Heather Hilis North requires side-Ioading garages which enhance architectural appearance. Heather �ills North encourages shared driveways to minimi�e the openings onto Heather Place. If agreed by the City, this will become a covenant requirement. Heather Hills North offers the best of upscale single family living and a maintenance free lifestyle by providing an association to maintain landscaping and grounds. A:*,ac�ed is a laya�a: �f :h� progert-y as ;=a� have propes�� it. At rhP P�?i�g �o�*niss�o� hearing on September 17, 1997 at 7:30pm, I will share some additional drawings which represent the layout and style of homes we are working towards. I look forward to speaking with each of you, and, welcome your call if you have immediate concerns or questions. My telephone number is 604-0937. Enclosure 11.15 Best regards, � 7.�o'r-r.s'".'o Philip S. Dommer O ��/ W � O �z a a � y �x '� �i � W �x E"y ir � ax U � vi d .q � a � � o � U�O� o in _�az dm� C'. y " .�+ �' a 4 Op GM,Q w h o p, w d�m � aE-cvz i� d 6� o� q0 V y O m a`O . .+ ;_ .. UO�.F -�i� �%�'� O �+ . . .�do� �\, � �� � �'�,� ��� ti "�m • , Bes �� '�� at � �yi h0 `, :J iiii� � \ ;' `\ /I .% 1]�i�yi�i� � 4 l� �� I /// �� \ v � \ �/ i� L6'6�t - �=, �V\\, � 3.9�,5405' \��, ���• . T_ � c�r��d . ? — — �_ _ 1�\\ \ - I � ,�'/��\ `\�\ i�o\ \\`J • 'i � \` � f- I;� . V�� �N�� " !�� (:) ' ��•\\`, .O �� �' ' ` . w . � .r�.. \���. \��:...� �� - JA �� � "St_ � . I � i� � � - � 7; -r� , -s �--� � -c' • ;�.� i r � o . . 1(� /� '� - I4, I.,T�°�� �j�� . � � , � y'�.A� . . / � ..f'�/. GB'6fl I - /�H- ( ,.; , `__ —R: --._ o� ;l•_., , �°�' , :n !c:n b�s', �- N : - . .- - _,--t-�-. P � '..:iG ' U _ CJ _ o io �/ ,- ^ed"6ft � �-'. ' � .. ,��` rP *�-'��_/ Y °o` �� � a I n J �: '�j m L9 . �' -..,��i`�m� � I i���'� I pe. W _` f { �. \ � � 1 . � ��i. I im2 m � - - + Q ' i005t � : �i� W i} i I J �. f �-� � ,� � ;.� , ' i'' � _ c� RRd, :# !t � . : � _� i1`i n � � i Ip �s � � '` 4. - _ L `,' � 1 a' � � �_ , 3��ai� , p I';fs'' . �� .a.os, � "213H1tl3H �'����,� N „ � :� o� , , i �� �as �, : �r ', \ 90 as� _ - � , � ; a -=� , , ;.� � � �� ,' ;mr ^� ,,, � '- ' I ;� ' �0 I �,� .o�E '� i � - ' �m.. _ � _ � N � :. . ' . f,�! � i,. .�, _� I � : I ; . . �t � ` seo-OS� �� .�E:� 1 , • �L_ _ _ � - _ _ _ � ii�i� � ;\ \ _ • -" F It � o . ,t"J ,�:� ; r �� i � � 3; ,� :rN3nrQl i '�,i+' '_ _ 'rniN3J � � _ �. N_c:.>40N ,- � . � ._ "�'7Sl ' �n _ _ S£ 'ON HVS� 3f1N3N`d 1V21.LN3�_ .._.�;�: ���..,;y�;,- ii.1s 2 O _ m � O � c: � �� &� N e� � `v e � �� � W � a i i m 1 � ��� V O z � o N 0 i �l ^ g� a n .� Se � n : <,°-�o � �� �a rYi � N, m 3w¢r � 0 °° � � dNNW � �f b z �rZi �I =i �� = i � �s� �tly W�wO �y J Y a;N� o �U � # ��N 2 L Q N ���W � U– W = ! _,� � 0L� = o �oco r� z ° i L��; _ Qf� °1 °- � �>'�3 ' _ � mW�� � O � a i�az.� � _ � . ..' -�' �d� � . m i � i 3 � W '7��g � ���i�S� g e�SiVU ` i ¢h Q��nn z I � , 4 ,:�:�,:�:�: < � rvlJiulV1V1HV1 : g� O � bilfol♦ � o w,° �_�__ o V1 R - �°n�°rv°�v°��°nn r� ° �..��� w 0 Q � � � �,.,.,.,. _ _ o � Q U �Nn w h b O� F L6'64l � � a � � �',:� � am� ��� �i ����s. � o�oa�a �gW�Sg °��g��� g�4e��^ i ��°�i�5 � � Z � -� � s g •r�urvaa � �-- �1 W y H N _ n _ I N o G � I --� o °� ¢_ �g ��' ^la U ;- y —n S F' �E PLANNING CO1�iISSION MEETING, SEPTEMBER 17, 1997 PAGE 8 Mr. Kondrick stated they do hear similar omments from others as well about the conditions along East R' er Road, University and Highway 65. He agreed that it is t' e for some action. Mr. Saba stated he was satisfi that they will do something next year. He would like somethi to be done sooner. It could be a beautiful area for the Ci but now is looks like a slum. 2. Pi_J$LIC HEARING: `CONSIDERATION OF A PRELIMINAR.Y PLAT, P.S. #97-04. BY THE PHILIP STEPHEN COMPANIES, INC.: To resubdivide the property into six buildable lots for single family homes, on Lots 20 and 21, Auditor's Subdivision No. 22, generally located at 6217 Central Avenue N.E. MOTION by Ms. Modig, seconded by Mr. Saba, t� open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE—CHAIRPIsRSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPffi�i AT 8:22 P.M. Mr. Hickok stated the request is for a preliminary plat of residential development for a single family subdivision of seven lots generally located at 6217 Central Avenue. The property is located south of Rice Creek Road on Central Avenue. The property is zoned R-1, Single Fami-ly Dwelling, and is surrounded by.R-1, Single Family, on all side except to the west where there is C-3 development, the Moore Lake Racquet Club. The Heather Hills residential development would share the Heather Place roadway that enters this proposed development. Mr. Hickok stated, in analyzing this plat, staff determined that each lot meets the minimum 75 foot lot width requirements and exceeds the 9,000 square foot minimum lot area. The proposed development would have seven single family executive homes which would be paired in such a way to share a driveway. Six of those homes would face south and the paired arrangement would mean three driveways onto Heather Place. Each dwelling would be maintained with a homeowners association. The properties would be commonly cared for, the driveways plowed in a common arrangement, the landscape maintained by a common association. The seventh lot is Outlot A on the proposed plat and would have access from the Ben Moore cul de sac. Mr. Hickok stated a neighborhood meeting was held September 10. At that meeting, the developer asked to hear of the concerns of the surrounding neighborhood. In the context of the meeting, the developer agreed that a$300,000 base price for the dwelling units would be the starting price for the homes. An $8,000 landscape budget would be required of each of those homes and the minimum floor area of the homes would be 1800 square feet. The developer 11.17 e PLANNING CO�IISSION MEETING, SEPTII��ER 17, 1997 PAGE 9 also talked about the architectural individuality of the units. There were concerns from the neighborhood about this looking like six homes with similar characteristics. The developer responded that they would be interested in individuality. On top of the other standard lot sales, there would be a plan book to select from with no two plans being the same. The developer agreed to shared concrete driveways, matching mailboxes, yard lighting that is appropriate for the architecture in the area, and also an entry monument off from Central Avenue. Mr. Hickok stated other development issues include the status of Outlot B. Outlot B exists as part of the Heather Hills West plat. If you were to go to the County and ask for the plat for Heather Hills West, Outlot B is a 4-foot strip of property that separates �he street from the north property line. Outlot B was created in 1981 as part of a development discussion for the Heather Hills West plat. At that time, the property owner who owned the property to the north discussed a number of options with the City but at that point indicated they were not interested in future assessment packages or anything that would put an assessment responsibility on that property to the north. As a result, Outlot B was created and the developer to the south paid 100% of the improvement costs for the roadway and utilities to go along with. the development. Mr. Hickok stated there are street connection issues. In discussions at the time the initial Heather Hills West development was being discussed, there was also a discussion about future development from this area up to Rice Creek Road. In the event that future development were to occur, what would be potential future road alignments for this area. There is a stipulation which talks about providing future access via a dedication of a 30 foot strip across the northern edge of Outlot A and Lot 6. There is a public street right-of-way for 28 feet of the eastern lot line for Outlot A. This provides adequate access for the residents in this location. Dedicating a 30-foot.strip along Outlot A and Lot 6 would provide an option for the future. In the planning process, we like to look at the development and, as it is developing, make sure that we are leaving ourselves options. For future road connection, if the larger lots to the north were to develop in a different scheme than we currently see, we would have an option for an alternative for connecting the roadway from Ben More to Rice Creek Road, should that become the chosen route. Mr. Kondrick asked if Mr. Hickok was saying that from Ben More that we are talking about allowing access to the�first and second lot or just the first. The accesses for the other lots are from the south. Mr. Hickok stated access from_Ben More would be just for the one lot. The other six lots would have access from the south. The 11.18 PLANNING COLrIl�lISSION MEETING, SEPTEP�ER 17, 1997 PAGE 10 dedication is upon request of the City. The development area to the north is such that future development could occur. If that did occur, this would provide an opportunity. As we look at the addition of snow plow routes along alternative access neighborhood, etc., this would be 1/2 of a right-of-way. Mr. Hickok stated there are miscellaneous engineering issues talking about where utilities can be connected to the development and where utility stubs are in relation to the lot lines. Those are pointed out in the staff report and will become part of the recommendation before final plat approval. Mr. Hickok stated staff recommends approval of the plat request with the following stipulations: 1. Prior to approval of the final plat, the petitioner shall either acquire Outlot B and incorporate it into the plat, or provide legal documentation to certify that Outlot B does not exist. ' 2. Park fees shall be paid at the time of the building permit ($1,500.00 per lot). � � 3. A$1,000 per lot storm water fee shall be paid at the time of the building permit. 4. Outlot A shall be changed to Lot #7. 5. A 30-foot road easement shall be dedicated along the north lot lines of Lots #7 and Lot #6. 6. Prior to issuance of a building permit on Lot #7, a detailed grading and drainage plan and an erosion control plan for the driveway and house plan shall be submitted. . 7. No driveway access to Central Avenue is permitted. 8. The developer shall place restrictive covenants on the property regarding maintenance of shared amenities. 9. A maximum of 3 driveways will be permitted onto Heather Place, as proposed by the developer. 10. A demolition or moving permit shall be obtained prior to demolition or movement of the existing home. 11. Dedication of the 50 foot easternmost lot illus�rated on the proposed plat for County Roadway purposes. 12. All engineering issues identified shall be rectified to satisfy the City Engineering staff prior to final plat 1�.19 PLANNING CO�SSION MEETING, SEPTII�ER 17, 1997 PAGE 11 submittal including, but not limited to: • Services to Lot 3 are on or across Lot 4 property line • No services have been shown to Lot 6 • No services have been shown to Outlot A � • Proposed grading plan showing drainage west to CSAH No. 35 (Central Avenue) from rear yards • Proposed grading cannot affect properties to the north. Ms. Modig asked how the 50-foot easement affect the first lot. Mr. Hickok stated the developer has designed the plat to accommodate the required right-of-way. The developer has allowed an additional 3.86 feet on the�corner lot. The lot size for Lots 1-6 are approximately 11,245 square feet and Outlot A or Lot 7 is approxima�ely 17,988 square feet. One revelation staff had as they analyzed the 30-foot dedication on the north edge of Lot 6 is that it does leave Lot 6 with 8,995 square feet or 5 square feet short of the minimum lot size. If that were to be the case, staff ask that the lot �ine be adjusted so that Lot 6 would be of the �inimum Iot size of 9,000 square feet. Staff asked that this be considered as the final stipulation. Mr. Sielaff asked if Ben More drive would terminate at Lot 7. Mr. Hickok stated Ben more is a cul de sac. On the plat there shows a 2�8-foot public right-of-way that then becomes a�private driveway. In the event of future development occurs to the north and the.City builds a roadway, then a determination would have to be made on just how the road alignment would work. Mr. Sielaff stated, in the future, that on to the�north of Lot 7,�and we do not be. It depends on future development. Mr. Hickok stated this was correct. road could extend further know how far out that will Ms. Modig stated, in looking at the map on Heather Place, what is the triangular piece. Mr. Hickok stated that is a different Outlot A. The petitioner would need to obtain rights to Outlot B. It is our understanding that the developer does not intend to address anything with this Outlot A. Mr. Dommer stated his desire is to plat a property with a lot of history. The situation has been a difficult situation for many people, particularly for those who are closely involved. His hope is to get beyond that and create a dynamic development that will enhance the City and address some of the housing needs. In his presentation he will describe the development, address the Outlot B issue, and finally ask for support and help in moving this 11.20 PLANNING CO1�Il�IISSION MEETING, SEPTEI�ER 17, 1997 PAGE 12 forward. Mr. Dommer stated in his work he focuses on developing projects that are meeting the needs of a changing market. In the Parade of Homes or if you have seen the Parade of Homes magazine, there is a section that talks about attached maintenance-free and detached maintenance-free living. They are moving in that direction. Although this is a traditional single family neighborhood, we are addressing the need to have a traditional single family lifestyle in a maintenance-free setting. Their projects have three main characteristics. First, they target main level living with the owner's suite on the main level, laundry area on the main level, etc. There is expansion space in the upstair� or downstairs. This project would have an 1800 square foot main level minimum. Second, they are focusing on maintenance free homes bo�h on the exterior of the home as far as the materials that are used and also on the property itself. The association includes landscaping, snow plowing, etc., which gives people the freedom they are looking for. They are targeting the active adult. Third, the architecture itself is required to be classic architecture. The intent is to develop homes and require homes that have features of a throw back era. One point for clarification - they do not have a plan book such that you can choose a particular plan. They have a guidebook that says we are looking for a particular feature and a particular material. They are not going to feature garages or driveways. They want to feature good architecture with good proportions•. These principles define the kind of project they are trying to do in this location. Mr. Dommer showed proposed elevations for the site. Their intent is that the eye would be drawn to the home itself and not to the driveways or the garages. Their landscaping plans would require that the homes are veiled with landscaping but not screened. They want to feature the architecture as well as good landscaping. You will notice that the garage is not visible. They do a concept called layering. In front of the home, they put a retaining wall which raises the home and allows the residents to look across the street at other pleasant homes and allows those on the street to look up at the home and not see the driveway. The overall site plan is presented to give the idea of the variety of homes that could be put there. You can get a variety.of different styles in architecture. These are going to be custom homes. People have the freedom within this footprint to have a unique home to fit their taste. There is generous space between the homes. Even with a relatively large footprint, 1800 square foot minimum, they can still achieve generous spacing. The characteristics being discussed do not apply to the outlot but to the six lots. The three driveways and generous landscaping will minimize the negative things of residential development. Mr. Dommer showed an example of the shared driveway. It allows 11.21 PLANNING CO1�iISSION MEETING, SEPTII�ER 17, 1997 PAGE 13 and encourages some kind of a pattern in the complex. Their intent is to create a development that offers the best of single family living and a maintenance-free lifestyle. He thought this was a great location to offer it. Mr. Dommer stated he wanted to get into the other development standards to make sure there is no misunderstanding between himself, the City and the neighbors. They held a neighborhood meeting, and he thought they made good progress. Anytime you have development, there is concern particularly in an existing neighborhood. Regarding the concrete drive, they are committing to the concrete drive but they would also like to leave the option open for pavers and aggregate. He thbught the bottom line was there be no asphalt. They talked about textured architectural shingles which is really asphalt shingles. They would like to leave the option open to put on slate and shakes. Last, it states we are going to brick�, stucco, stone and bleached shakes. These are maintenance free products for the front of the home. The sides and the rear of the home may have other maintenance-free products including vinyl siding. That is up to the owner. Their intent is from the streetscape to offer a real dynamic appearance. Mr. Kondrick asked if the developer would specify that the home be maintenance free. Mr. Dommer stated yes. There are detail elements that some will be cedar, some will be shakes, but the intent is to be as maintenance free as possible. Regarding the $300,000 minimum value, that is not the base price of the house that you can add options from there. They are talking about making homes that are comparable in value to the Heather Hills West neighborhood. He is not convinced that the number is $300,000 but the neighbors tell him it is. They will go in that direction. He is talking about total value which is a different term than base price. He thought this was a dynamic development if you look at it from that perspective. Mr. Dommer stated it was a surprise to him that they would be asked to dedicate a 30-foot easement on Lot 7. They can do that if that is a buildable lot. At the time they submitted the plat, that was in question. Dedica.ting 30-feet to the north is not the proposal that they are presenting and not the proposal they are seeking a recommendation on. 30 feet particularly on Lot 6 is very detrimental to the project. By taking 30 feet of Lot 6, you eat up 30 feet of the lot and then you have a front setback on that side and a front street setback on the other side, and then the lot does not meet minimum size. They are absolutely against dedicating that right-of-way particularly on Lot 6. They understand there are hopes to develop the rest of the area, and that is why they plotted Outlot A. Mr. Hickok mentioned some reasons for doing an outlot. One of the big reasons in 11.22 PLANNING COl�lISSION MEETING, SEPTII�ER 17, 1997 PAGE 14 development is to hold it for future development. Their intent is to give some flexibility. They understand the need for future planning. Dedicating a 30-foot right-of-way does not serve the development and is not necessary for this project. When a development plan comes in, that would be the time to dedicate it. That is not their proposal. If you have to recommend approval with that in it, then you will not get this proposal. �He thought that was piecemeal planning. This was a surprise to him and he did not get a chance to work out details. They object. It does not serve the development and there is no benefit to it. At the time a new development does come in, they would be happy to work and cooperate with that. This same issue has been talked about since 1980. Mr. Dommer stated, regarding Outlot B, the burden of proof is apparently on his shoulders to show that it does not exist. The Planning Commission has a copy of the staff report. Mr. Dommer handed out copies of the graphics previously shown. In the staff report, he would like to make sure there are corrections entered into the record. He has been is Mr. Hickok's position. There is a lot of stuff flying around, and this in particular is very difficult. He is personally interested in the property so he has spent a lot of time researching the records. That is time the staff probably does not have. The corrections he is making are probably because no one else probably knows the record as well as he does at this point. There are some things in the staff report that need to be corrected in order to get an accurate picture. Mr. Dommer stated the first regards the site history as outlined on page 4 of the staff report. It talks about, in 1980, Brickner Builders proposed the Heather Hills development. What needs to be moved in the site history, however, is the fact that the 5kinners did not address the issue of the road access, and the Heather� Hills road placement was not debated until July and August, 1981. So that whole paragraph needs to be pop down. That is important because the chronology needs to be right. Mr. Dommer stated, second, the City Council did set a public hearing to consider Heather Hills West. They approved it on April 20 but they approved it as a 50-foot right-of-way. That information is not in the staff report. The copy of the approved plat is in the packet. Mr. Dommer stated, third, later it says the developer would have to pay an additional $56,100 without the participation of the Skinners. The actual proposal was for the amount to be $18,835. That is from the City Council records. This is the critical point. The staff report identifies that the Skinners were not interested in any options for special assessments. However, minutes will show that to be different. There was a public hearing on an assessment project on August 10, 1981, which is 11.23 PLANNING CO1�tISSION MEETING, SEPTE2�ER 17, 1997 PAGE 15 several months after the plat approval. Reading directly from those minutes, he stated, "Councilman Schneider asked Mr. Skinner if he would be in favor of a deferred assessment. Mr. Skinner said that he felt that a deferred assessment would be more intriguing to him. He stated he had an interest in developing this property but one thing is the time problem of not knowing exactly what is going to develop, in which direction, and how it will affect his property in the future." Mr. Skinner stated he would certainly feel more comfortable with a deferred assessment and the time frame was such that he would be pursuing some plans for development and then what would the options be. :�r. Dommer stated there is a clear record on August 10 that Mr. 3kinner was interested in a deferred assessment. Now seven days la�er on August 17, 1981, an administrative meeting was held by the City Council. The Skinners were not invited to that meeting and no public was there except the developer and the City. At that time, the staff report shows that is when Outlot B was created. For this to have occurred at that time, there would have to have�been three official City actions. First, the right-of-way approved previously would have to then be vacated. Second, a variance would have to be approved. Third, a new lot was created and would have to have been created through a replatting process. He has asked in a letter that the City to provide him with minutes or any action that would indicate that these thing happened. Their response was that there are no minutes to show these actions. There are no resolutions that show these actions. Furthermore, the addition of Outlot B was not included on the agenda or in a resolution. The only resolution approved on August 17 was one approving a public works project. Mr. Dommer stated, as a Planning Commission, you know that there is a process that a property has to go through to be created. That process does not exist here. First, we have no action taken to substantiate the addition of Outlot B. We have a problem because Outlot B shows up on the County records and is drawn on the plat. His question is who drew Outlot B on the plat. He would like to ask that publicly tonight. The previous builder is here. The City is here. Of those two, who drew Outlot B on the plat? Mr. Dommer stated we have a situation where there was no action taken, no one taking responsibility for that action. That outlot was never officially created. He is sorry for Mrs. Skinner. She has objected to this situation from the day they found out about it. It has caused a great deal of grief. Mr. Skinner died in the process. He is sorry for the Brickners. They have paid taxes on this for many years. He has come tonight with facts that you can rely on and there is nobody who can refute those facts. We can get through this. He is willing to cooperate with it and he wants to do it. They can get the County record and get it corrected. 1�.24 PLANNING COI�iISSION MEETING, SEPTII��ER 17, 1997 PAGE 16 The County records do have errors. He has been around the business enough to know there are errors in the County records. He has no problem with that and wants to participate in it. Here is what he has a problem with. This is a big ugly public mess. It has created a lot of problems for the Brickners, for the homeowners, and for the Skinners. Mr. Dommer stated the public guardian is the City. The public guardian should step in and help fix this problem. Instead, the City's position has been private citizen, Mr. Dommer, and private landowner, Mrs. Skinner, should fix it. He can fix the problem but he did not think it was necessary if they could together. He does not want to litigate this thing but he will if ;ie has to because the facts are on his side. If you look at tiie letter regarding the City's response to his question for ev�dence that Outlot B was created, the City's letter states that they must presume Outlot B exists because the County records show it and the plat shows it. Lawsuits are one of facts not presumptions. If we have to litigate this, they have to do it. Every dollar spent litigating is a dollar less spent on a prime development. Every dollar spent litigating is another dollar taken from the taxpayers. He does not want to go that route. The facts are clear, but they will do what it takes to get the records corrected. Mr. Dommer stated he said at the end of his presentation he would be asking for the.Planning Commission's help and that is what he wants to do. They have a prime development that he thought would be an asset to the community. These are homes that meet a market demand not currently met in the City. It is a good area and he thought they would provide a good tax base. He asked that the Planning Commission recommend approval of the plat as presented and recommend the City Council to work with them to correct the error in the County records. Ms. Modig stated page 6 of the staff report indicated that the neighborhood talked about concrete driveways and that Mr. Dommer agreed. Tonight, the petitioner is indicating that perhaps that the driveways may not all be concrete and that there may be other materials. . Mr. Dommer stated he was saying that concrete would be their minimum or something better. There may be an aggregate or pavers which is an upgrade material. They will not put in asphalt, and he thought that was what they were objecting to. Ms. Modig stated she was not at the meeting but of what the neighbors are asking for is that the same materials that are in the existing divisio that is concrete. 11.25 her interpretation appearance be the n and at this time PLANNING COI�Il�IISSION MEETING, SEPTEI�ER 17, 1997 PAGE 17 Mr. Dommer stated they would be happy to agree to concrete. It is less expensive than other materials. Ms. Modig stated stipulation 5 deals with the 30-foot roadway easement and that the petitioner would not agree to do that. Mr. Dommer stated this was correct. It does not benefit their property and is not required to plat their property. There is an outlot to the north. He would be willing to leave Lot 7 or Outlot A so that you have some control if someone would want to get back there. They can build on it and still address that issue. There is a lot of land there. His feeling is that there are a lot of private owners who do not want it developed. At this point, it wculd not be wise planning to carve out a narrow strip which would ne3a�ively impact this project and a strip that is not usable today. When a development plan comes in is the time to set the road patterns. Ms. Modig stated, if they do not do that planning now and a development come in later, a home is already built on the property, and there is no room there, then that creates a major problem for the rest of the area to develop. Mr. Dommer stated he would agree, but that is the typical process. You can develop property when you have control of it. If that were the case, then he would ask that the City plat the rest of the right-of-way through the project at this time. � Ms. Modig stated she was not comfortable with the Planning Commission having to react rather than act. She would rather act upon something instead of having to react to a negative thing to try to deal�with it five, ten or twenty years down the road. Even though she no longer would have to worry about it, someone is going to have to deal with that. She is not comfortable dealing with it in that way. She finds they are more and more into that mode because they neglected or did not deem it necessary to do something 25 years ago because they did not see far enough into the future to know that they were going to need to do that. Now they are trying to solve some of those problems at this age, and she did not see that they need to continue to do that. Mr. Dommer stated, if that is a requirement of the platting, he objects. The right-of-way is not required there to serve the project. There is rational nexus between that right-of-way and the project. Mr. Sielaff asked if the petitioner objected to the right-of-way was on both Lots 6 and 7. Mr. Dommer stated he objects particularly to Lot 6. He would plat it on Lot 7, and he made Lot 7 bigger for future planning. There i1.26 PLANNING CON�IISSION MEETING, SEPTII�ER 17, 1997 PAGE 18 is plenty of room on Lot 7 to make a road work. He says that with the understanding that if the right-of-way is platted that Lot 7 is still considered a buiTdable lot. Mr. Hickok stated the developer has throughout the course of the meeting asked staff to say whether Outlot A is a buildable lot. It is the developer's determination that should say whether that is a buildable lot. Staff's position is that they want to see that as Lot 7. The lot size would not be diminished by dedication of the right-of-way. He has been asked several times to answer whether or not this is a buildable lot, and he thought there was something else there of interest. The developer indicated to Mr. Hickok early on that this is the site for his own homc�. It is staff's position that it meets all of the minimum stai�dards. Earlier this evening the developer questioned whether this was a buildable lot. The street right-of-way frontage requires 25 feet on a public right-of-way. This lot has 28 feet and meets the requirement by 3 feet. To answer the answer the question about minimum lot area, the lot area would not be diminished to create something smaller than a 9,000 square foot by dedication on Lot 7: On Lot 6, there is a 5 square foot deficit by dedicating tha� 30 foot strip. This is an opportunity for the developer to move the lot line over and create the additional square foot dimension necessary to allow that to happen. Also on Lot 6, the developer talks about the double frontage. As you will note, the roadway in front of Lot 6'curves at about the west lot line. We are talking about a future potential roadway behind it and a driveway to Lot 6 that comes in off from Ben More. Mr. Sielaff asked why they were saying the right-of-way is on Lot 6 and not on Lot 5. Mr. Hickok stated staff will loolc at this from a reasonableness perspective as to whether or not we are reasonable in our expectations. The topography in this area has great variation. To go from Ben More to the north would require a gradual curve. Staff believes that with the topography considerations additional land may be necessary on Lot 6 but it would not carry to Lot 5. Because of the change in grade, staff is therefore asking for that dedication. Mr. Dommer stated, because it is a surprise to him that they have a 30-foot right-of-way on Outlot A, does that constitute proper frontage in order to pull a permit to build a home. Mr. Hickok stated the lot has 28 feet of frontage on the Ben More right-of-way. The situation would only get better by dedication of a 30-foot right-of-way because there would be frontage along the north side of the lot. Mr. Dommer stated this is true. But the code says an "improved" 11.27 PLANNING COI�IISSION MEETING, SEPTEP�ER 17, 1997 PAGE 19 right-of-way. The City would be drawing an unimproved right-of- way across there. He wants to make sure he is not creating an unbuildable lot. As Mr. Hickok said, we really don't know what the road is going to do. Personally he believes the road needs to cut off quite a bit sooner. He did not know how much land is needed. He would need to look at an engineering plan that shows the need for Lot 6. There is a hill from Ben More. The best course is to go with the hill as soon as possible which would be cutting about 75� and would not require Lot 6. Mr. Sielaff asked if, historically, the County is considered the official record. Mr. Hickok stated yes. If anyone has tried to file a false document at �he Coun�y, it puts a different light on what has been put before you this evening. The official document is before the Planning Commission this evening that is recorded at the County. Certainly there are some representations that lots of things happened in the past. It is very clear that the City Council has the authority to file a plat within 18 months of the time that plat is approved. This was filed within 18 months, and they elected based on the August 17 discussion to include an outlot because the developer was willing to pay 100% of the assessments and it was represented. The minutes state the City Manager let the City Council know that the property owner to the north was not interested in participating; therefore the developer has taken on 100s of the assessments and therefore an outlot was created. When assessments are being appointed to properties adjacent to an improvement, the assessment is based on the benefit to that property. At this juncture, it was determined that the property owners were not interested in the proposal at hand, the developer was interested in 100% involvement in the project, and therefore a lot was created arid it was filed within the proper amount of time. Until a record is in the County's hands on a filed plat, there is no dedication of a 50-foot right-of-way. It is at the time that the 50-foot right-of-way in on record at the County that a vacation would have to occur and also a variance to allow that lot width of the street. The City Council has within its power the ability to create something less than a 50-foot right-of-way if they choose to do so, and they chose to do so in this case. Mr. Dommer stated he is not refuting that. He is saying that there is a process they have to go through, they did not follow the process. The only public records available indicate that Mr. Skinner was interested in a deferred assessment. You cannot create outlots in public works project areas. He has asked for the documentation that the City Council created through the process. Furthermore, this.is just plain bad planning. It would not occur if it went through the proper process. The drawing at the County shows Outlot B, but the approved plat in the file does not. 11.28 PLANNING CO1rIlrlISSION MEETING, SEPTII�ER 17 , 1997 PAGE 20 Ms. Modig asked if the petitioner was saying the approved plat does not show Outlot B. Mr. Dommer stated this was correct. He does not know what happened. There is a difference between what the plat shows and what the City Council approved. Mr. Hickok and he have agreed that they are not going to agree on this. The facts before you are that this did not get created in a hearing setting or process that is legally viable. Ms. Modig stated she understands the petitioner would object to stipulation #5 regarding the 30-foot road easement. Th� issue regarding Outlot B cannot be solved this evening. Is t�iere anything other than that stipulation to which you objecL? Mr. Dommer stated stipulation #8 should be clear that Lot 7 is not a part of the neighborhood with shared amenities and maintenance. Only the six lots will have that. These are two neighborhoods. He also asked for a clarification of stipulation #1 that says he must acquire Outlot B or provide legal documentation that it does not exist. He asked someone to define what that documentation is so they know what they have to bring. Mr. Hickok stated throughout the course the course of this the developer has asked the City to do the research to prove his point be correct. Staff's position is that on this is that Outlot B exists and we will ask the Commission to ask based on the development. If, as presented to you, you believe there is litigation standing, then he believes it is based on past history. The proposal before the Commission is one that without request for an answer to Outlot B cannot go forward. Mr. Dommer does not have access to a roadway based on the records on file at the County. Therefore, we have a planning issue. If there is something else, that is his proof and we would like him to bring that forward. At a point this can be proven, we certainly will amend our position. At this time, Outlot B exists and staff will contend that Outlot B does exist as this moves forward. If the direction of the Commission is to send staff back to do the developers research, then he would like to point out that it is his burden of proof to show tYiat the outlot does not- exist . Mr. Dommer stated he is asking what legal documentation staff is seeking to convince them. Facts were presented tonight which are convincing. What else is there? He would like specifics. The drawing is one thing, but there are other parts of it that he can bring forward. He is asking for guidance from staff. They are asking for legal documentation. He wants staff to be specific about what that legal documentation is. Mr. Sielaff stated in stipulation #1 the petitioner is asking for 11.29 PLANNING COI�lISSION MEETING, SEPTII��ER 17 , 1997 PAGE 21 specific information as to what legal documentation is required besides what was presented tonight. Mr. Kondrick stated this is certainly a difficult issue. He opened the meeting to the general public. Mr. Johnson stated he was an attorney at the Barna, Guzy & Steffen law firm and that he represented the Brickners. At the time of the transaction, he represented the church that had the underlying fee ownership of this property. While he was not particularly involved with the platting process, he can say that it is the Brickners' position that Outlot B does exist. If you understand the plattir.g process, the city is presented with a plat, a drawing per se, in which the city will look at, act and approve. That drawing is reduced to a recordable instrument, signed off by the city mayor and city clerk, sent to the County Attorneys office, surveyor's office, and ultimately is recorded in the•County Recorders and Registrar and Titles Office. Mr. Johnson stated in the plat, if you read the dedication, the dedication statement says that the developer or the party platting is dedicating to the public the right-of-ways that are reflected on the plat and subdividing the properties and parcels that are reflected by that drawing. That is the instrument that creates the subdivisions with the County. It is what then goes forwa�rd from that time for the records. The parcels are�identified separately, tracts and change of title are identified separately from that time forward, property identification numbers (PIN) for taxes purposes are assigned to the individual parcels. All of those steps were followed. This took place some 16�years ago. Minnesota has statutes of limitations. If there was a problem with the process, the statute of limitations has long expired. Outlot B exists. There is no question that Outlot B exists. If the developer is asking you what you need in the way of some type of legal documentation saying it does not exist, it needs to be in a district court order that reverses the process. Good luck to the developer in getting that. Mr. Bateson stated seven years ago they purchased a lot in Heather Place. They wanted to build a substantial home. They looked at many places in the T�vin Cities to build. When they found this, that is where they wanted to build and they wanted to be in that kind of setting. He is present to voice his concerns that this development changes the character of Heather Place. His lot faces this property. His lot is 230 feet wide. The part that he has developed and mows is about 175 feet wide. His home not counting the decks is 78 feet wide, and Mr. Dommer wants to put in 75 foot lots across the street from this.. His home would not even fit on these lots. He thinks this development is to minimal and changes the character of Heather Place. If those lots is going to have access onto Heather Place, then he thought it should be in keeping 11.30 e PLANNING COI�SISSION MEETING, SEPTFI��ER 17, 1997 PAGE 22 with the kind of homes that are in Heather Place. Mr. Bateson showed pictures of his property. All the homes have a significant street presence. They talked about the driveways should be concrete to be consistent with what is the development. He thought the street presence should be consistent with the development too. These are all homes that are not built right upon each other. If you looked at Mr. Dommer's renditions, you would see that the garages are 5 feet from the lot line which means the back of the garages are 10 feet apart. His decks are 12 feet wide. And this development would be across the street. He thought that it would detract from the character of the Heather Place development which has been there for many years. Also, he believes he would suffer value loss in his property if this development is allowed to go ahead as proposed. Mr. Bateson stated they had met with Dr. Dommer and talked about the requirements that the residents all faced when they built in . Heather Place. That is summarized in the list in the staff report. He is concerned that there is no legal substance. Mr. Dommer has agreed to these but he would like to have some way that this is incorporated into the development that these things will take place if the development goes ahead. Those requirements were given to us to be in Heather Place. He hears that they are not the requirements for the development, legally. That is why Outlot B is so important. When they asked their developer about the property across the street because they had concerns about what might happen there, Outlot B was explained to them and the fact that when Outlot B became involved in any future development that the requirements would be enforced. That is why they had no reservations about building in Heather Place even though it was not completely defined what would happen on the property.now being discussed. He thought this development was not in keeping with the kinds of homes now in Heather Place now. He asked the Planning Commission not to approve the development that has been presented. Ms. Martin stated she has concerns about the development. One concern is the shared driveway approach. They were presented this option as the lesser of two evils. Do you want six driveways coming onto Heather Place or three? It is like asking whether you would rather have a broken leg or a heart attack. In the cul de sac where she lives, there are five homes each with three-car garages and extra wide driveways. Whenever they have a family event or gathering, they end up having to park on the street. The shared driveways really brings up the concern for parking. Now you have six homes with a shared driveway and parking pads going to individual residences. If any one of those people on each of those three driveways have a gathering, there will be people parking in the street. That creates traffic problems. There are bends and blind spots. But now there would also be cars parked on 11.3� PLANNING CONIlrlISSION MEETING, SEPTII��ER 17, 1997 PAGE 23 the street. Ms. Martin stated her second concern is that the developer has agreed to the yard lights, a minimum landscaping requirement, exterior materials, etc. He has also agreed to a$300,000 price range. He as much said at the neighborhood meeting that he can ask $70,000 for the lot and $230,000 for the home so this has reached the $300,000. He has not even selected a builder yet. There may not be a builder who will put homes on a lot with a shared driveway. It may happen. What will prevent him from putting in a $150,000 house? Ms. Martin asked where the egress would be for Outlot A. Mr. Kondrick s�ated the egress would be only on Ben More cul de sac. Mr. Pietrini stated he has given a lot of thought to this development. He understands the concerns about the property and they understand as homeowners that the property will someday be developed. They think at this time that the development as proposed is not in keeping with the spirit and general overall look of the neighborhood. The neighborhood is a tremendous asset to that property. He thought that property could be an tremendous asset to the neighborhood. He suggested four lots rather than six with bigger yards�and homes more in keeping with the style of the. homes that are there. It would enhance everybody�s position. Mr. Pietrini stated there were questions that keep popping into his head. He does not have an answer but he�has suspicions. You have seen pictures of the homes in Heather Hills. If you look at Mr.• Bates home, it is very well kept as are all the�homes. If you were going to build a development, why would you have the back of the house and the garages facing out at the area. Wouldn't you like to look at the homes in Heather Hills? What is the reason that we will have garages looking at us? Why aren�t the garages on the back side of the undeveloped lot? There is more to this scenario than meets the eye. He sees this as not real good for their situation. Mr. Pietrini stated Mr. Dommer has stated he is the developer and not a builder. In the neighborhood meeting, he said when they build they do this and they do that, but he stated he was strictly a developer. He could develop the land, put the lots up for sale, and a builder could buy the lots provided they met certain criteria and could build there. In effect, he could develop these lots, parcel it out, have someone build on them, and leave. That bothers him also. He would hope that the Planning Commission would look at the neighborhood, look at the huge investment that they have made in their neighborhood, look at all the things they have done to keep their homes looking right, and ask that the 11.32 PLANNING COI�IISSION MEETING, SEPTEI�ER 17, 1997 PAGE 24 Planning Commission take a hard look at this development and see if there is another way that this could be developed. He thought that the land was worth enough money, why fight about Outlot A and Outlot B? He believed that 4-foot strip when it was put in there by the City was for a very specific and just cause to protect this extremely expensive area to develop as insurance for homeowners who bought that land so that nothing would happen to their cul de sacs with through streets and other types of development. He believes in that spirit at the time that strip was put there and he believes it is legal and he believes that it is part of the area. Mr. Kondrick stated Mr. Pietrini has there. What if there were four homes that be satisfactory to him? Mr. Pietrini stated no. suggested having four lots there worth $175,000, would Mr. Kondrick stated he is familiar with the area. We are talking about a residential area. He is wondering how they can limit the amount of dollar value of a home that is put in there. Mr. Pietrini stated he believed that the control comes from the developer. He believes there are developers in this area under the right circumstances would develop that property and put homes in there of substantial value. There has been a recent � development in the City of Fridley on Royal Oaks Court. Those are very substantial, beautiful homes. No one in the neighborhood would mind getting homes like that in there. But not with shared driveways. That is not in keeping with their neighborhood. The lots in Royal Oaks Court sold quickly.. He believed there was an opportunity for the developer to do that. He knows it��is difficult for the Planning Commission to say the value must be $200,000 or whatever. There is already some backpedaling on Mr. Dommer's part on what he perceives to be a$300,000 value on a home versus what they perceive. He believes there are people who would love to live in that neighborhood. Ms. Pietrini stated she agreed with what the neighbors and husband have said. She supports their statements. She would like to add that they love living in Fridley. They love their community. They love their neighbors. They have fun together and do things together. The City means much to them. A developer comes in, develops a piece of property, sticks whatever he can put in.there and leaves. They are still living there and working together. That is one concern that they all have. Ms. Westover stated she and her husband have owned their home on Ben More Drive for 17 years. Her concern is that, when they were notified of this meeting, it was about taking a piece of property on Heather Place and making it six lots. There was no mention 11.33 PLANNING COI�IIrlISSION MEETING, SEPTII��ER 17, 1997 PAGE 25 that it would affect Ben More Drive. She did not think the people in her neighborhood were aware of it. They were not invited to the neighborhood meeting nor were the people to the north of that property. There are eight homes on Ben More Drive and she did not think that the people on that street would like to have it go through either. She thought the other people need to be heard before this is approved. They were against Ben More Drive when their development was going through because we felt that would bring their values down. She thought there were other people who would object. They are at the top of a substantial hill. This property is lower and would not be a part of their neighborhood. Now the City is talking about putting a street in there and making it a through street. She thought others on that street would want an opportunity for input before anything is decided upon. Mr. Dommer stated he invited to the neighbor immediately to the north to the meeting and discussed with him the proposal. He said he was fine with that and did not see a reason to attend. Mr. Saarela stated he is a unique resident because he is the only person who built his own house. He previously lived on Stinson Boulevard and noticed signs of lots available. He originally went to Mr. Skinner's house to see if he could buy a lot and then learned of the landlock situation. Being a modest man, he never � dreamed that he was going to be able to build there. He met with Mr. Brickner who agreed to sell him a lot and let him build his own house over a three year period. He stipulated the covenants that needed to be met. It was a gift to me.� He finds himself in a development with individuals who have greater means.than he does as a resident and father of three. Fridley is a gift, a secret that the City really does not let out. It is a community of outstanding people. In some situations, it is wonderful to have a development where there is a place and where fine homes are there. His concern is to have this area developed and to bring in a development of minimal requirements is a contradiction in terms of what a development is. He would appeal to the property owners to come to terms and to break the lots into four instead of six, and ask Mr. Dommer to take his development somewhere else. He would also ask the Planning Commission to table this. Mr. Bue stated they are the people who have lived there the longest. They are the people that live down in the valley. Some residents have lived there 40 years. Some people here have been there seven years of their life. They have been there all of their life. They have concern with this. These people have these wonderful houses. Mrs. Skinner wants to move on in life and they are requesting her to sell to people that have to have expensive houses or it isn't good enough to show their house and they want to put the back side of the house towards his neighborhood who have been in Fridley all their lives. How is his neighbor supposed to move on to something else? It will be harder for them 17.34 PLANNING COMMISSION MEETING, SEPTEr�ER 17, 1997 PAGE 26 to sell because they have to sell to someone who has much more money. It is going to be hard for his neighbor to sell and hard for him to sell because these people want big houses like theirs. As the people who live closest to Mrs. Skinner, we weren't even asked to these meetings. It seems silly that the development of Fridley is not part of their system. Are they just going to be thrown away and say to get rid of this stuff? It's not big enough or beautiful enough. He thought they were part of the backbone of the City. Mr. Raney stated he was Mr. Bateson's neighbor. He appreciated Mr. Bateson's comments but the pure economics of it is that if the development is the way it is proposed with more of the upper class building bracket, it would enhance the resale value of his house. Fridley is a good community and there are many good things available to them. Former Mayor Nee had mentioned to Ms. Rose Totino when she was still alive that this is the pride of the Fridley area. All of the neighbors would benefit by the development if it is developed properly. The resale values would go up. The City would make more money on property taxes. It would benefit everyone. He agrees with his neighbors with limiting the number of lots. Why would minimum standards be set in those lots when where they are has larger lots? Even though the way it is situated now and you did an architectural configuration, no matter what you do you could never when the lots are that close together get a variation.of the configuration of the houses. You would see much of the sameness there. That would detract from it. You would get the townhouse or rowhouse effect. Four lots would be more amenable. Mr. Johnson stated he had a procedural question. If the plat that is before you is encompassing 0utlot B and the Outlot B owner has not signed an application and stands in opposition to the plat, is that property before the Planning Commission. Mr. Hickok stated the survey that has been submitted and signed by a surveyor indicates that the roadway right-of-way is directly abutting the property to the north. It is not taking over Outlot B. It is implying that Outlot B does not exist; therefore, a right-of-way exists up to the edge of the property and there is no separation by land between utilities, etc., and the lots to be developed. The developer has submitted a survey signed by a surveyor that indicates there is a 50-foot right-of-way that exists and directly abuts the property in question. The property in question would exist between this property line and the roadway. The position of the developer is that the 50-foot right- of-way exists and that they have direct access to a public right- of-way directly adjacent to the property. What is on record at the County shows something different. The County record shows a 21 foot and 25 foot right-of-way which is four feet less than the surveyor had shown. The proposal does not take on land that 11.35 PI.ANNING COI�iISSION MEETING, SEPTII��ER 17, 1997 PAGE 27 belongs to the owner to the north or it does not take on from the owner to the south. The proposal assumes there is no outlot that was legally created and therefore his access to utilities is there and adjacent to the property. Mr. Johnson stated he would offer to the Commission that the County record does demonstrate there is an Outlot B separating Heather Place from the property to the north. If there is going to be access taken along with Heather Place in this plat, it has to come over Outlot B. In that situation, Outlot B must be incorporated into the proposed plat. The owner of Outlot B has not signed an application for this plat and is not in favor of this plat. What the Commission would be acting on is a proposal where one of the prcperty owners is in opposition to the plat in process. Mr. Dommer stated their proposal only included the land to the north of Outlot B. They have the signature of the owner. The Commission can act on that proposal. The Commission Can recommend denial because they don't have street frontage. They don't need Outlot B's signature because they are not incorporating that as part of the pl�at. You can propose a rectangle in the middle of a cornfield if you like. They are going through the process of proposing a plat on property for which they have the owners signature. � Mr. Johnson stated he would suggest that the developer has just admitted that his lots fail the minimum requirements for street frontages for the City. Mr. Dommer.stated he is not suggesting the lots do not have street frontage. They are suggesting the right-of-way on Heather Place is 50 feet wide and that we have street frontage. �' MOTION by Ms. Modig, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE—CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED AND THFs PUBLIC HEARING CLOSED AT 10:05 P.M. Ms. Modig asked staff if she made a motion to table this item would there be no further discussion and this be tabled indefinitely. Mr. Hickok stated a motion to table and seconded is not debatable. MOTION by Ms. Modig to table consideration of Preliminary Plat, P.S. #97-04, by the Philip Stephen Companies, Inc., to resubdivide the property into six buildable lots for single family homes, on Lots 20 and 21, Auditor's Subdivision No. 22, generally located at 11.36 - PLANNING CON�lISSION MEETING, SEPTEI�ER 17, 1997 PAGE 28 6217 Central Avenue N.E. Ms. Modig stated in her opinion there are too many issues that are not resolved regarding �he final plat, Outlot B, and the 30-foot easement. She is c�nc�rned about whether the City allows shared driveways. She is concerned about density. She is concerned about the build�er and talks with the neighbors concerns are not required or signed on. She is concerned that the people on Ben More Drive have not had enough inp�t regarding the access for the road. She thought tliis had to go back to the drawing board and be redefined. y • Mr. Kondrick stated those are important issues and he has no problem with the motion. If they get down to the basics, would we agree that Outlot B exists? I.f it does exist, then it cannot happen and then therefore we would deny this application? Mr. Sielaff stated he would be in favor of denying the request because he felt there was enough information out there to make a recommendation. � VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION FAILED FOR LACK OF A SECOND. MOTION by Ms. Modig, seconded by Mr. Sielaff, to recommend denial of Preliminary Plat, P.S. #97-04, by the Philip Stephen Companies, Inc., to resubdivide the property into six buildable lots for -single family homes, on Lots 20 and 21,. Auditor's Subdivision No. 22, generally located at 6217 Central Avenue N.E. iTPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR . DECLARED THE�MOTION�CARRIBD UNANIMOUSLY. M�. Hickok stated this item would be considered by the City Council at their meeting of October 13. 3. PiTRT TC` HEARING • CONSIDERATION OF A SPECIAL USE PERMIT SP #97-07. BY PAUL LITWINCZUK: To grant approval to maintain an existi 18 f.00t x 20 foot garage on Lot 17, except the South 5 feet thereof, Auditor's Subdivision No. 22, generally loc d at 6291 Central Avenue N.E. MOTION by Mr. Saba, seconded by s. Modig, to open the public hearing. UPON A VOICE VOTE, ALL VO NG AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION ED A1�TD THE PUBLIC HEARING OPEN AT 10:12 P.M. - Mr. Hickok stated/�he special use permit request is to allow a 11.37 PAGE 11 o. 027R30 through 063V08. �te, all voting aye, Mayor iicenses as submitted and jed by Councilman Barnette. lared the motion carried �CH 30, 19II1 TO CONSIDER �( INCREMEPlT PLAN : -e the Community Development hearing for March 30, 1981 ;rict and tax increment �oice vote, all voting aye, ; ie action regarding payment �et-up and having someone She felt they shoul� aii ing. Seconded by Councilmat 3yor Nee declared the motia �g of the Fridley City Couer 1 _ \� �� 1�`-�`_ Willi J. Nee Mayor fdE KiNUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF �1 16, 1981 Aegular Meeting of the Fridley City Council was called to order at p. m. by Mayor Nee. OF ALLEGIANCE: �or Hee led•the Council and audience in the Pledge of Allegiance to !!It il ag. IEl6ERS PRESENT: Councilman Fitzpatrick, Councilwoman Mose Mayor Nee Councilman Schneider and Councilman Barn te IEMBERS ABSENT: None R �`= PUBLIC HEARIN6 MEETING, MARCH 9, 1981: .�tG[t by Councilman Schneider to approve the minut as presented. Seconded touncilwoman Moses. Upon a voice vote, all vot' g aye, Mayor Nee declared �ution carried unanimously. ��iu� ur NVt1YUH•., . or Mee requestad the follQwing items be Esiiaates from Smith, Juster, and Fe.ik rlck and Newman; and (3) Receiving Co Council Liaison. �:. , �: 9ded to the agenda: (1) Consideration ; (2) Consideration of Estimates from ication from School District No. lb �� by Councilwoman Moses to ado the agenda with the above three additians. DO�ded by Councilman Schneider, pon a voice vote, all voting aye, Mayor Nee d�ned�;the motion carriedr'unan' ously. �; E� PoRi�I, VISI70RS: ' � ,. . �Jeff;Seeman, student a ridley Senior High, appeared before the•Council �a1te his concern of.t decision made by the Council regarding the nature �ter. .He stated this. enter is now costing the taxpayers and when it was Kt brought forward, t was stated tax money wouldn't be used. He felt Itl�er tnvestment s ld be made so. that taxpayers could get a return in t:.fdwre. V`terin Makie, tudent at Fridley Seni'or High, also indicated his concern wt the natur center. He felt there should be a golf course there and �1:�n inves nt made so the residents can get their money back. mtlloan chnei•der asked Jeff Seeman if he had ever been to the nature �ttr he stated.he had several years ago. �e� Barnette asked the two students if they were members of the Fridley ea�xo which they answered in the affirmative. IIUSIMESS: • � � � ED SSIOP! MEETING OF P.S r z5, i�a1: ER NILLS 4�° un�ecn�� 1sT It1U�iHJ t3K1l:KIVtK: �101 by Councilman Schneider to set the public hearing on this proposed rtlf�einnry plat for.April 13, 1981. Seconded by Councilman Barnette. Upon �ofte vote, all voting aye, Mayor Nee declared the motion carried unanimously 11.38 � �, i � ��1!: � 1 v� � REGULAR MEETING OF MARCH 16, �� CONSIDERATION Of LOT SPLIT REQUEST, L S. #81-01 6229 CENTRAL AVENUE, BY THOMAS BRICKNER: • �• Mayor Nee asked if this lot split request should be considered in conjunction with the proposed preliminary plat filed by Mr. Brickner. Mr. Flora, Public Works Director, stated the Council could consider the lot split now or when they consider the pl�t, whichever they prefer. Mr. Brickner, the applicant, stated there is some urgency in that the lot split is holding up the sa].e of the property•owner's home on a contract for deed. Mr. Brickner stated, since this is independent of the plat, he would appreciate the Council giving consideration to the lot split this evening. Mr. Flora stated this property in question is just east of Moore Lake and Mr. Brickner wishes to split off the east 300 feet of lot 19, Auditor's Subdivision tJo. 22, located at 6229 Central Avenue N. E. He stated Mr. Brickner does have a purchase agreement from the owner to split off 300 feet of the lot. Mr. Flora stated�the Planning Commission has recommended approval of the lot split with several stipulations: (t) That no building take place on this property until the property is serviced direciiy by a public street; and (2) That the property owner sign the'lot. split application. Mr. Flora stated staff has reviewed the.�tipu.lat_io�s dnd th�re_,are fqur,, additional stipulations the Council�should 'possi.bly consider. 'These are as foliows; (1) That a road easement be provided for the extension of Ben�� More Drive; (2) That drainage and utility easements be obtained; (3) That there be an agreement with the developer that he pay the street assessment; and (4) Payment of the park fee. Mr. Qureshi, City Manager, stated there is really no problem with the pro�osed development, however, he wanted to make sure there is a clear understanding by the present owners and the applicant, who is buying the property, unless all the stipulations are met, the building permit would not be issued. He pointed.out, if access is not provided, they_ would have� a landlocked parcel of property. ' Councilman Schneider asked Mr. Brickner if he understood the sii:pulations and Mr. Brickner stated he did and didn't have ar�y problems with them. Councilman Schneider stated he has seen some of the fine homes built by Mr. Brickner and is comfortable with this situation. MOTION by Councilman Schneider to concur with the recommendation of the Planning Cortmission and grant Lot Split, #81-01 with the follou.ring stipulations: (1) That no building be constructed and no permit issued until the public street is provided; (2) That a road easement for extension of Ben More Drive be provided; (3) That drainage and utility easements be obtained; (4) That the petitioner pay street assessments; and (5) That the petitioner pay the park fee. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared �,he motion carried unanimous 1C Mr. Flora, Public Works Director, s tabled to the April 6, 1981 meetin� MOTION by Councilman Schneider by Councilwoman Moses. Upon � the motion carried unanimouq(y +�o �able this item to April 6, 1981. Secc voice vote, all voting aye, N�ayor Nee decl -----,_,._...._...�..-.,......�e.: .,.�. REGULAR MEETING OF MARCH lb, MOTION by Councilman Schneide Commission Meeting of Februar Upon a voice vote, all voting unanimously. RECEIVING THE MINUTES OF THE A CONSIDERATION OF SPECIAL ACCESSORY BUILDING MOVED AND A NEW DETACHED GARAG� Mr. Fl ora , Publ i c Works Di rec- ; district and the applicant is �>the rear of the lot to be usec furniture and to construct a r Nr. Flora stated the Planning recomnended approval with the be moved to the rear of the lc Councilwoma� Moses asked if tf the size of the garage in can� stated they have requirement f withip the appropriate limits, MOTION by Councilwoman Moses t Planning Commission and grant that the existing storage shed the new garage is completed. 'vote, ali voting aye, Mayor Ne Mr. Mi]]er stated he was prese procedure from this point. Mr Hall for.a building permit. L] � CONSIDERATION OF A SPECI�L FAMILY OWELLIIV6 TO BE CON' STREET BY PAUL GAYDOS ANO Mr. Flora, Public Wor.ks Direct� Street just in the south bound, tonvert a present single famil� stated owners plan on splittinc they will live on one level anc Hr. Flora stated the Planning ( provides better control by t6e structure, the zoning would=sti the property rezoned to R-2. Mr. Flora stated three persons permit because they felt it was Mr. Flora stated, after discuss recomnended the request for a s following stipulations: (1) Tt Marshall on the app mpriate exi avners obtain the proper permit Councilman Schneider asked ii � xere to convert to duplexes, if to handle the additional capaci and, if it happened throughout problems. 9F � �.. /� PUBLIC HEARING MEETING OF APRIL 13, 1981 PUQLIC HEARING C THOMAS BRICKP�ER: TH PAGE 5 MOTION by Councilman Schneider to waive the reading of the public hearingi and open the public hearing. Seconded by Councilman Barnette. Upon a voi� all voting aye> Mayor Nee declared the motion carried unanimously and the� hearing opened at 8:30 p. m. Mr. Flora, Public Works Director, stated the area in question is just east Central Avenue and south of Rice Creek Road. He stated Mr. Brickner has o! an option to purchase a portion of Ploore Lake Addition from the church and interested in developing it as R-1. . Mr. Flora stated this area was previously discussed when the Council appror lot split several weeks ago above this existing property. Mr. Flora stated staff is working with Mr. Brickner for development of this and his interest is in preserving the beauty of the area and custom designi particular home to fit the lots. I�r. Flora stated a road will be constructed with two cul-de-sacs and a pond area to serve as water retention for this area. He pointed out, in conjunc connecte�9ed�ve�n�thenfuture'withyBeneMo�ekDr9vetandspossiblykextendingPitti Creek Road. He stated, currently, Mr. Bri.ckner hasn't been able to purchasi property for the continuation of Ben More Drive. Ptr. Flora stated, in orde� provide sanitary sewer and water service to this area, the proposal is to q Ben More hnto this area rather than providing the services from Central Ava Councilrnan Schneider asked how he would develop those lots, if he can't ext� Ben More Drive. Mr. Flora stated the lots could be served off of Central Af for only a short period of time an� in conjunction with the Redevelopment P the Housing and Redevelopment Authority may be able to acquire it. � ��ir. Qureshi, City t�lanager, stated there is a plan the Council reviewed and� when they developed the whole area east of Central to serve, basically, the' properiies and to provide access. He stated this plat would not be meeting; standards because of the plat ordinance requirement regarding the cul-de-sa� not to exceed 600 feet. He stated, originally, when the plat of Kerry Lanei approved, there were temporary easemenfis acquired and a plan to provide acca this area. He pointed out this plat would be improper unless another access provided. Councilwoman Ploses asked if it was part of the Housing and Redeve.lopment � plan that the lots would.be divided and the streets constructed, �9r. Qureshi felt this was one way it could.potentially be divided, if there:ti consensus on the part of the property owners, and tbes.i_ty.'�el.t.�his.w�the w�r1 Councilman Schneider asked thelength from Central Avenue to the tip of the � A gentleman in the audience stated it was 654 feet. Councilman Schneiders� with5thise600ffoot�culhde�sacnrequirementeandtpointeduoutetheretis double aa Ben More Drive. Councilman Schneider stated, if it is the feeling of the r�i on Ben More Orive not to carry the street thrrough, he doesn't see a press1n91 Mr. Lyle Carpenter, 6258 Ben More Drive, stated, in talking with most of the��, extendedn BHe statedrthey wouldalikento9seemittremainwas�itnis unless�iteis' necessary. He stated Kerry Lane is narrow and there may be a problem gettii� fire fight]'ng e uipment, however, the lot' to the west of Ben More Drive d very quickly an� might pose the same probl�em. - Councilman Schneider asked if Ben More Drive isn't extended, what kind of p. would it �reate for this plat. Mr. Flora stated the primary concern wouldb! sanitary sewer and water systems to support this plat and anything else that be developed. He stated, with extension of Ben More Drive, it would provide' easy way for extension of these utilities. He pointed out they can get sewet and water services form Central Avenue, but it wouldn't be as good a system wnat could be provided by the extension of Ben More Orive. hlr. Brickner, the petitioner, stated they are looking at 11 lots with sing]e family homes and indicated he would not be totally opposed to the extension of Ben Piore Orive in the future. He felt the primary access would probably be the entrance off Central and since Kerry is such a steep hill, the extens' of Ben More Drive would probably be used much more. 11.40 PUBLIC HEARING hiEETING OF APRILI3, � Hr. Wayne Welch, 6115 Woody Lane, po : cul-de-sacs so the plat couldn't be _ Ne stated he had concerns about the gets smaller and smaller, however, h Nr. Brickner's developments. Mr. Qureshi felt there should be san provide looping for the water lines. Nr. Brickner can acquire property, i 90. He pointed out if the people di it would make a difference. N�. Qureshi stated he felt it is a p to a neighborhood. No other persons in the audience spo lq1I0N by Councilman Schneider to cl� Councilman Barnette. Upon a voice v� the motion carried u►ianimously and tl PUBLIC HEARING_ ON REZONING REQUEST, ; C-2 to M-1,8000 UNIVERSITY AVENUE R: AND CqVSIOERATION OF REAFIPROVAL OF PS #8( TABLED 4 6/81 : AOTION by Councilwoman M�ses to waivf notice and open the public hearing. a voice vote, all voting aye, Mayor t and the public hearing opened at 8:5; �-Nr. Flora, Public Works Director, st� % and 81st just west of University Aver `'Council for consideration are a plat: ��requirement. Mr. Flora stated this F f:. �'a year ago, but since it was not recc r�to the Council. He'stated the Planni � conjunction with .the rezoning, and ic d�o together. Ar. Flora stated the primary concern staff has not received a drainage. pla Nr. Harris has provided them with a 1 `oertain criteria which they fee) woul particular plat, if it is recorded an `'know what would be required for them Mr. flora stated another thing to be approval of the rezoning. He stated. and Mr. Harris has.a buyer for a port rezoning from C-2 to �q-1 of lots 1, 9 requesting a variance of the f ront ya to 35 feet because this h1-1 property Mr. Flora stated the development is f construction of a building and the gr essrntial:9y detain the water to incluc some going to the property to the so� supports Mr. Harris' reasonimg to deve to address itself independently for H. PAGE 5 HI E man�Barnetteb1 � Uponaa � voice °ried unanimously and the oa a in question is just east stated Mr. Brickner has ol :ition from the church and ;ed when the Council approy .roperty. -Ar for development of this �ne area and custom designi two cul-de-sacs and a pondt He pointed out, in conjunct andsposs�blykextendingpit to hasn't been able to purchase Dir. Flora stated, in order area, the proposal is to ca e services from Central Aveno those lots, if he can't exta be served off of Central An on with the Redevelopment P1� �le to acquire it. � the Council reviewed and�p il to serve, basically, thel � plat would not be meeting! �nt regarding the. cul-de-sar• ;hen the plat of Kerry Laner and a plan to provide acus �•roper unless another accessi using.and Redevelopment Au1 ts constructed. ially be divided, if there ', tues.ity `el.tihis wasthe rrm Avenue to the tip of thec t. Councilman Schneider st �e further stated he has a� nted out there is double ac it is the feeling of the re , he doesn't see a pressing in talking with most of the hey would not like to see & nain as it is unless it is� sre may be a problem gettiM west of Ben More Drive drm : extended, what kind of pr :he primary concern would b �lat and anything else that �re Orive, it would provide `nted out they can get sewe, �ldn't be as good a syste�� •e Dri ve. - ing at 11 lots with single � opposed to the extension �ary access would probably :h a steep hi 11 , the extens' 1UBLIC HEARIN6 MEETIPJG OF APRILI3, 1981 PAGE 6 l9r. Wayne Welch, 6115 Woody Lane, pointed out the 600 foot requirement for al-de-sacs so the plat couldn't be approved because of this requirement. k stated he had concerns about the open acreage behind his home, which 9ets smaller and smaller, however, he has heard s ane favorable comments on ICr. Brickner's developments. IOr. Qureshi felt there should be some plans or direction to proceed to provide looping for the water lines. Councilman Schneider stated, until ICr. Brickner can acquire property, it is diff�icult to say where they would go. He pointed out if the people directly to the north don't want to sell, it would make a difference. IM. Qureshi stdted he felt it is a prudent approach to have double access to a neighborhood. , . to Other persons in the audience spoke regarding this proposed plat. lOtION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried un.animously and the public hearing closed at 8:55 p. m. G ON TO LOTS 1qiI0N by Councilwoman Moses to waiVe the reading of the publi hearing �otice and open the public hearing. Seconded by Counciiman rnette. Upon � roice vote, all voting aye, Mayor Nee dec)ared the�motio carried unanimously �nd the public hearing opeceed at 8:57 p. m. r. Flora, Public Works Oirector, stated the area in estion is between 79Lh �d 81st.just west of University Avenue. He stated e items before::the � wncit for consideration are a plat, a rezorting, d a variance on the setback !quirement. Mr. Flora stated this plat origina y came before the Council about year ago, but sYnce it was not recorded in !, da�ys, it requires resubmission ithe Council. He stated the Planning Comni ion did review the plat, in �junction with the rezoning, and identifi a number of iiems that tied the ro together. Flora stated the primary concern w the drainage. He stated, to date, f has.not received a drainage pl for this particular plat, however, Harris has provided them with a e'*,^r :vhich, in paragraph 1, establishes ain criteria which they feel uld handle the drainage question for this icular plat, if it is recor d and documented so all future owners would what would be required fo them to handle the water. :Nr..Flora stated another t ng to be addressed was the landscaping and final :�pproval of the rezoning He stated the plat has M-2 zoning and C-2 zoning iM Mr. Harris has..a b er for a portion of the property and is requesting ';retoning.from C-2 to -1 of lots 1, 9, and 10. He stated they are further ;requesting a varian of the front yard setback from the required 100 feet to 35 feet becaus this P1-1 property is across the street from residential. Mr. Flora stat the development is for Lots 1, 2, 3, 9, and 10 for tanstruction f a building and the green area, as shown on the map, would ess�ntial'9y etain the water to include some water in the parking area,'with same goi to the property to the south. He stated this particular development support Mr. Harris' reasoni:mg to develop a plat where each parcel would have to ad ess itself independently for water detention. 11.41 ��i {��� � 3!; � f�i�': 1:,.. ,I .I �I�ru__ � ; � �, � i' 2 3 � REGULAR MEETING OF APRIL 20, 1981 Mr. Harris stated he appreciated the fact the Council will take under advisement and, hopefully, he will be treated fairly._ � ����� PS #81-01 PAGE 5 s matter HAMLI Mr. Flora, Public Works Director, stated this cel of prbperty is located in the Great Northern Industrial area, just st of East River Road and south of I-694. He stated the property ' cludes a triangular piece, which was shown on a map, and is part of th ntire parcel Midwest Printing bought from the railroad. Mr. Flora stated it was not of propdrty at the Count therefore, this plat ' req can be recorded. MOTION by C Addition. aye, h or ssible to record this small triangular piece ecause they didn't have a legal description, uested to define this portion of property so it: o cilman Fitzpatrick to approve the final plat, PS #81-01, Midw econded by Councilman Schneider. Upon a voice vote, all voting Nee declared the motion carried unanimously. CONSIDERATION OF FINAL PLAT PS #81-0 2 HEATHER HILLS WEST 6175 CENTRAL AVENUE, THOMAS BRICKNER: Mr. Flora, Public Works Director, stated this property is east of Old Central, between Rice Creek Road and Gardena. He stated the plat consists of 11 residential lots with two cul-de-sacs off Central Avenue. Mr. Flora stated the Planning Comnission has reviewed the plat and has recommended approval. Mr. Flora stated the item that was not addressed is the development and assessment of costs for the road improvement, sanitary sewer, and water services, which will essentially be serving the,property outside the plat, and the potential connection to Ben More Drive. Councilman Schneider pointed out that two-thirds of the people on Ben More` Drive indicated they did�'t want.8en More Drive extended. He stated he `r�'spected staff's opinions, but.would tiate to get into a situation some � time. in the future that the Council approved this plat_and approved the • extension of Ben Ptore Drive. P1r. Flora stated the City's plans were for the eventual extension of Ben f�r'ore Drive to Central Avenue. He stated, when Ben More Drive was being constructed, the church that owned this parcel objected to further extensia so it was terminated. He pointed out now that the parcel is being developeE, it fits in to add the cornection to the street: f•�r. Flora stated, currently, the City can bring water off Central to se�rvia this parcel, but it is only fran one direction and it is more purdent to put in water from two directions and the.most logical place to service this are� is the line that is terminated at the end of Ben More Drive:. Councilwoman Moses asked if the service is affected if it comes only from Central Avenue. Mr. Flora stated the line, essentially, becomes a dead lir� and if there is a water break, then everyone is out of service, but if they can service from different directions, service could be continued. ;� Councilman Schneider stated he is concerned about naming a street that may, " in fact, not continue. i: � Mayor Nee asked about the names for the cul-de-sacs, since one is shown as G7enn Oak Circle and the City currently has a street called Oak Glen, and � felt this may pose a problem. � i' II ,I�:, � �` �� !�•. ► ;:�, ( (4�; 11.42 REGULAR MEETING Of APRIL 20, Mr. Brickner stated he didn' �re quite a distance apart, name could be changed, Mr. md he didn't care, either w Councilman Schneider asked i 1f Bert More Drive.w�aan•`x exte� standpoint, it would be bett� iE may be better not to have building lot, but he is not : ;tveryone concerned. cilman Schneider stated t ng off Central as Ben Mo� . Qureshi, City Manage r, si ea and the major concerns r uping!, if Ben More Drive w� heme or plan for that area 1l�yor Nee stated he would lik submitted at a conference rrroe Councilman Schneider stated h for the water looping and tha far for the extension, other direction has to be provided Nr. Qureshi, City Manager, al �ffect other properties and a usessed. Councilwoman hioses asked who � stated, in the past, the City° tbis would be the way he woul� the property owner to the nor� his property would benefit gr� MM�yyor Nee stated, as he under. �ight-of-way. _. lOTION by Councilman Schneide� Mest, contingent upon the stre renamed in accordanee with an� �nd Post Office and,•secondly; ipecifically not be named Ben or any references to Ben Mo�re. Mr. Wayne Welch, 6115 Woody Le aprovements. Nr. Qureshi , Ci ty Manager, thc toncerned with would be for dr designed properly, it would hc mG there would be no need for aent where Mr. Welch would be I�ON A VOICE VOTE TAKEN ON THE declared the motion carried un _ _ _ ___.._� ..._ ....... _- � :t PAGE 5 il will take this matter ". fairly. '= 'iTION, LOUIS J. HAMUN: .�� 1 of property is located East River Road and triangular piece, which Midwest Printing bought -: :,: , �' ; small triangular piece ;'� � legal description, ;�: -tion of property so it � �i6ULAR MEETING OF APRIL 20, 1981 PAGE 6 Mr. Brickner stated he didn't feel this would be a problem since the streets ue quite a distance apart, however, if Council feels there is a problem, the name could be changed. Mr. Brickner also stated he lives.on Ben More Drive md he didn't care, either way, if Ben More Drive was or was not extended. Councilman Schneider asked if he saw any problem with his development, • if Ben More Drive.was.n`t extended. Mr. Brickner felt, from the City's standpoint, it would be better to have the extension, but from his standpoint, it may be better not to have it extended, as it may give him an additional Euilding lot, but he is not sure this would be in the best interests of ' ereryone concerned. �ouncilman Schneider stated he doesn't, at this time, want to name the street caning off Central as Ben More Drive. Itr�. Qureshi, City Manager, stated the City has s ane overall plans for this ;1 plat, PS #,81-01, Midwest �rea and the major concerns would be only one access and the water line � voice vote, all voting =� : iooping�, if Ben More Drive wasn't extended. He stated there is a total '�Y' :; • scheme or plan for that a�ea and felt those issues.should be addressed. LS WEST, 6175 CENTRAL � �yor Nee stated he would like to see the plan and asked if it could be __ submitted at a conference meeting. rty is east of Old F Councilman Schneider stated he doesn't see the requirement for the road orrly tated the plat consists ` " tor the water looping and that is the only justification he has heard so tral Avenue. far for the extension, other than dual access. Mr. Qureshi stated some �d the plat and has ;� �` direction has to be provided in regard to the water looping. the development and 3ry sewer, and water �erty outside the plat, the people on Ben More �nded.� He stated he .o a situation sare lat and approved the :ual extension of Ben iore Orive was being :ted to further extens �arcel is being develo �r off Central to service t is more purdent to put ace to service this area �e Orivel - ' if it comes only from ; ,lly, becomes a dead line of service, but if they i be cantinued. :ming a street that may, since one is shown as � called Oak Glen, and lo-. Qureshi, City Manager, also pointed out this plat would, potentially, affect other properties ar,d according to the City's policy, they would be usessed. � Councilwoman htoses asked who would be putting in the road. Mr. Brickner stated, in the past, the City has•put in the improvements and, in this �ase, this would be the wdy.he would want to proceed. He stated that Mr. Skinner, the property awner to the north, is in favor of this devlopment and is aware his property would benefit greatly by this road and that he would be assessed. MayorlVee stated, as he understands it, they are presently talking about a right-of-wa�y. . � I�TION by Councilman Schneider to approve the p1at, PS #81-02, Heather Hills Yest, contingent upon the street names being removed and the cul-de-sacs renamed in accordance with any requirements of the Police and Fire Departrt�ents and Post Office and,�secondly, that the east/west access coming off Central specifically not be named Ben More Drive, Ben More Circle or Ben More Court or any references to Ben More. Seconded by Councilman Barnette. l6�. Wayne Welch, 6115 Woody Lane, questiAned if he would be assessed for . enprovements. Nr. Qureshi, Ci�y Manager, thought the only possible assessment he could be concerned with would be for drainage. ".: fe'.t, however, if the drainage is designed properly, it would hold all the water this property is receiving and there would be no need for an outlet. He stated, if there was an improve- aent where Mr. Welch would be assessed, he would receive a notice of hearing. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted �ye, and Mayor Nee declared the motion carried unaniinously. 11.43 1. i �. �� 4�.1 REGULAR MEETING OF APRIL 20, 1981 PA6E 7 � REGULAR MEETIN6 OF APRIL 20, 1981 Mr. Flora, Public Works Director, stated there is also the question of the park fee. Mr. Qureshi, City Manager, stated the requirement is that�l0�..of the,land b e given rfor park purposes or a cash donation of �0% of.the Value. of. tlie:. land. He stated the Councid has, in..the past, allo�ed the park fee to be: collected at the time the building per�it is issu�d. ,• ,1 „: P1r...6r.ickner stated he would �� '� - the time the buildin Prefer the option of paying the park fee at g permit is issued. Mr. Brickner was requested to submit�;a letter, to thi,s efr.ect,� regarding payment of the park fee. OF MOTION by Councilwoman Moses to waive the reading and approve the o upon first reading. Seconded by Councilman Schneider. Upon a voic all voting aye, Mayor Nee declared the motion carried unanimously.j USSION AND POSSI ION OF REZONING Councilman Schneicler stated, af.ter the action of the Counc' last week to deny this rezoning request, P1r. Burandt co.ntacted him and anted verificatim on the action taken. He stated Mr. Furandt indicated h didn't receive notia of the prior Council meetings, and is present here thi evening and perhaps' should explain. Mr. Burandt stated he talked to the City the day fore the Council meeting. He stated he was under the impressioni�that the r oning had taken place. Mr. Burandt stated he never received any noti s, and felt they were possibl� sent to the property address, and not his p ce of residence. He stated he - took the action of the Planning Conmission s approval. Councilwoman Moses asked how he was not' ied of the public hearings before �� th� Planning Commission. Mr. Burandt tated, when he made the application, fie was told when the meeting would b heid. • Councilrnan Ftizpatrick asked if h attended the hearings before the Planning� Commission and at those meeting if he wasn't advised what would be taking , place to which Mr. Burandt ans red in the affirmative. Councilman Schneider stated he word from staff was that Mr. Burandt was contacted and that he was ware of the meeting. Councilman Schneider a ed Mr. Burandt �hat was his intended use of the property, if it is re ned. Mr. Burandt stated he wanted to refurbish the property. He s ted there was a fire in the dwelling so he has gutted it and there was n insulation and it has to be reworked and landscaped. Councilman Schn der pointed out one of the comments made by staff at the public hearin was, if the property is to be rezoned to commercial, they didn't think he structure should be remodeled and used as a corranercial building. Mayor N� felt if the Council is inclined ta reconsider the denial of the rezoning, they should probably have all the material presented to them agaia 11.44 Councilman Schne�ider stated his t a rezoning, unless there is a sti Ar. Burandt stated it is not ecor. be to reomdel it and use it as a F1r. Qureshi, City Manager, stated there is a commercial use intende. it. He stated if there is a need it should be rezoned from R-3 to built for that purpose. Mr. Burandt stated he would like of remodeling the structure. He feasible to tear it down, and he because as i t i s now, i t i s an ey� HOTION by Councilman Schneider to i80-02 as filed by Ted Burandt arn reeting, with submission of all tl request. Secc�nded�by Councilwomai Councilman Schneider stated when i support the rezoning, he would war comnercial building constructed. Nr. Burandt was asked his address Mr. Qureshi asked if persons in th. Council felt they should be notifi for consideration. . UPON A VOICE VOTE TAKEN ON THE ABO declared the motion carriect unaniR NEW BUSINESS: RECEIVING THE MINUTES OF THE PLANN FqTION by Councilman Schneider to Neeting of A�rril 8, 1981. Seconde all voting aye, Mayor Nee declared RfCEIVING THE MINUTES OF THE CHARTI KJTIOtV by Counci lman Fiizpatri ck t� Heeting of March 3, 1981. Seconde� Councilman Schneider stated there � redrawing of ward boundaries 30 da� pointed out the opinion recei:ved fi this time period, and staff was rec Attorney to the Charter Corrmission, UPON A VOICE VOTE TAKEN ON THE A601 declared the motion carried unanimc �tECEIVING PETITION N 1-1981 fROt4 PC MOTION by Councilman B.arnette to re Schneider. . Upon a voice vote, all carried unanimously. PAGE 15 �f6ULAR COUNCIL MEETING OF MAY 4, 1981 PAGE 16 permit, SP �81-05 base� AiION by Councilman Schneider to au rize the Cable Television Corrnnission �atible with the W hire Doug Hedin, with a separat fund to account for the fees being paid �r. UPON A ROLL CALI � �lor the refranchising. Seconded voted in favor of the� �1) voting aye, Mayor Nee uec edytheumotionncarriedtunan9mouslyVOice vote, ,nan Moses voted against ,it, SP #81-05. Secc 'iwanan Moses, Counci :Zpatrick and Council > THE MOTION FAILED A �Y. w an ordinance to th! axes in .an R-1 zone. :ouncilman Schneider4: ick voted in favor of �n. Mayor Nee declan rmendation of the A �+t of a wall sign f .;od Shoppi ng Center �he same being 6225 �n a voice vote, al' ; rnous 1y. � of the Planning �cilman Schneider. :he �tion carried JV AMOUNT NOT TO the Cable.Televisi ilman Schneider, e motion carried IfdUS[DERATION OF REQUEST FOR DIVIDING PARK FEE AND APPLYING TO INDIVIDUAL tOTS BY THOMAS E. BRICKNER. `10?ION by Councilman Schneider to grant Mr. Brickner's request regarding ;tAepark fees for Heather Hi71s West and direct staff to draft whatever �k9a1 agreements are necessary to provide pote�tial buyers:of tte property "dN notice of the park fee. Seconded by Councilman Fitzpatrick. Upon a � �q1ce vote, all voting aye, Mayor Nee declared the motion carried unanimous��y. �dMSiDERATION OF ANOKA COUNTY LAW ENFORECMENT JOINT POWERS AGREEMENT FOR AID: !�r.Nill, Public Safety Director, stated he is recommending approval of thi ;,b1nt Powers Agreement and stated they nov�;�ractual ly cross boundary 1 ines rikn emergencies exist, but there is concern, and this agreement would kgatize that operation. MOTION by Councilman Schneider to authorize t decution of the Joint Powers Agreement for Mutual Aid. Seconded by ouncilman funette. Upon a.voice vote, all voting aye, Mayor Nee declared the otioi► arried unanimously, OF OPERATI0�6 LIABILITY t.Herrick, City Attorney, stated he has worked with Mr. Hil and met with tlk City's present insurance.agents to discuss this matter th them. He stated k is in favor of it, but, whether this is the right time act he supposed itis a calcuiated risk to wait until the next insurance idding. He stated k had a question if this type of insurance, with this articular company; '� ps one where the City might have a deductible and if t would make any dtference in the premiums. r.�Nill, Public Safety Director, stated he sus� tcause they are proposing the �500,000 limit. Itductibles, only the pro-rating. �or Nee felt they should receive a report rort ore on this item within the next several eeks. :CEIYING COMMUNITY RECREATION BUILDIN EEDS AS iis item was discussed earlier in t meeting. ed this was not the case stated tF�ey did not discuss staff, but would like to TT 3se port-a-pak lO1ION by Councilman Schneider to authorize the execution of Agreement loatracts Nos. 67 and 191 wi the Metro Waste Control Comnission. Seconded ^ed from where thes!' Councilwoman Moses. Upo a voice vote, all voting aye, Mdyor Nee declared . tAe motion carried unanimo sly. easy to operate, �ublic access is a �een times when om a need for it. Television Commi A 'lON by Councilma �Schneider to adopt Resolution No. 58-1981, and authorize !execution of t agreement with the League. of Minnesota Cities. Seconded Councilman Ba tte. Upon a voice vote, all voting aye, Mayor Nee declared �notion carri d unanimously. 11.45 ,: � � ;;; . � � e0� � �': �. �:�=P� .G: �iy°a , � {. � V iA�: !0�`• � PAGE 5 '� �LIC HEARING MEETIPdG OF JULY 13, 1981 PAGE 6 een a junker and a classic. �'• Q�reshi, City Manager, explained certain criteria had to be met for these Olock grant funds and this project met these standards because it provides �chase a license for a classic krvices to low and moderate income groups. ` tamcilman Fitzpatrick questioned on what the $280,000 in block grant f ds � plates, you cannot get a ��d b e spent. M�r. Qureshi stated it would be used for acquisitio f :plained, in his situation, he i�operty in the tax increment district for purposes of redevelopmen . He e streets and highways, and stated�itis hoped, if there is a full development, it will bring lot more to make them which will involrt:: �x revenue than what they would be spending. � 'touncilman Fitzpatrick stated that evidently considerations ent into this probably look at some changes.# �t he wasn't aware of, but he had no objection to using oney in this wdy. ordinance a�d investigating ; ;� stated, however� comnunity development block grant f. s could be used ,�for things that come up where there are no other funds vail�ble. is describe an actual junker r. ne this way that.the vehicle �ation by the Inspection collector cars or classics. - sssic, his neighbor may ieighbor files a complaint, is problem. �e problem by keeping a and patience, but felt � and �ity time. MINUTES OF JUNE 11 � minutes of the Cable Tel by Councilwoman•Moses. U �d the motion carried unan contacting the owner of Rite iable to contact him. �: 4° EGARDING CONTRACT OF fRIE;t05lI rance i n early September ard,� contract of friendship. s�. :�,; ,. Mayor to execute the contntf aurmies, France. Seconded E�; voting aye, Mayor Nee �; or him to take to Fourmies, ct Ptedtronics to advise th� TWEEN THE NRA ANO THE CITY AITION by Councilman Fitzpatrick to authorize the to disperse these lunds from the community development blook grant ogram. Seconded by touncilwoman Moses. Aayor Nee questioned if there was a way thes funds could be returned to the City at a future date, when it becomes conomically viable.. �r. Qureshi stated he would suggest thi item be tabled until ttay could d�eck into the matter further. 1DTION by Councilwoman Moses to ta e this item for further research by 'staff. Seconded by Councilman S neider. Upon a voice vote, all voting aye, .kyor Nee declared the motion c ried unanimously. OF CHANGE ORDER'N0. 1 r'OR MI_SCELLANEOUS CONCRETt . Flora, Public Works irector, stated the concrete slab reconstruction at eintersection of E t and West Danube Roads utilized the majority of the iginal contract of 47,757.50 and there still r�nains concrete curb work be accomplished his year. He requested, therefore, the Council consider proval of chan order No. 1 to the original contract to allow this work be corr�l ete ION by C ncilwoman hioses to approve Change Order No. 1 with Halvorson struct n for miscellaneous concrete curb and slab,construction in the unt $11,925.00, which changes the originalcontract price from � ,1 .50 to a revised contract price of $50,682.50. Seconded by Councilman ider. Upon a voice vote, all voting aye, Mayor Nee declared the motion ried unanimously. N0. 69- AND SAP� L FOR WATER A BRICKNER: NG PRELIMINA A �i �/ SURFACING ATIONS IG �� ` ON by Councilwoman Moses to receive petition No. 6-1981:. Seconded by cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee ared the motion carried unaniously. itted to the Council showed'�;�` �• Flora, Public Works Oirector, stated he has been in contact with the two �nt financing and questioned :` erty owners involved, Mr. Brickner and Mr: Skinner. Mr. Flora further �: �stated, as of this morning, �1r. Skinner has decided he doesn't want to - kvelop his property, therefore, Mr. Bricknerv�ll come to the Council at �the next meeting to present an adjust,aent to the plat to move the right-of tray of the northern street one foot into the plat. He stated Mr. Brickner �rill then submit a new peticnan for 100% of the property ownerns and request the assessments be spread over the entire plat. :}. ) � 17.46 �_:j •• � D :� a . i.' : ,�; I �. �_ �; �} ,'' � , � �. { a i� , �� � ; I�� �i r-_.' �, I ;`;:_ I�:,';� i i �; i i�!: ;�; � �•�i ia � I F.i I'.::I . ��,�• 1✓l� I3 �� PUQLIC HEARING �4EETING OF JULY 13, 19£31 PAGE 7 �� PUBLIC HEARING MEETING OF JUIY 13, 1 f•1r. Flora stated P1r. Brickner desires the City to put in the sewer and water improvements this fall and to accomplish the street improvements next year. Councilman Barnette asked if Mr, Skinner wanted to develop his property several years from now how he would proceed. Mr. Flora stated he would hare to purchase some property from Mr, Brickner for access. Mr. Herrick, City Attorney, stated the City does have some alternatives. � They can put in the improvements, as shown, and make the assessment or could make the assessment against both properties, Mr. Brickner's and Mr. `;. Skinner's, and defer the assessment on the northern portion. He pointed aut the Counc'il doesn't need 100% petition to put in a Ci�y street and if the'�:: right-of-way for the northern street was moved one foot into the plat, it �:; may cause some problems in the future for Mr. Skinner's property, as far as:=, the access. . Councilman Fitzpatrick asked if it wasn't possible the northern portion might be platted without access from thisproposed st reet:, to which Mr. Flora stated it was possible. Mr. Herrick felt the Public Works Department should give :.ome thought on what kind of road system they want in that area. �4r. Qureshi, City Manager, stated they wo��ld recanmend the Council cons adoption of the above two resolutions and seti the hearing for the impro and have a choice on��how the assessments are spread at the time of the hearing. MOTI�V by Councilwoman Moses to adopt Resolution No. 69-1981 ordering pre inary report, plans and specifications for water and sanitary sewer proje No. 134 (Heather 4ills) Secanc:ed by Councilman Schneider. Upon a voice vote, all voting aye , Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to adopt Resolution No. 70-1981 ordering preliminary report and calling a public hearing on water and sanitary se+� project No. 134 (Heather Hills). Seconded by Councitman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanii -1981 Nir. Flora, Public Works Director, stated the C y has developed a three plan for resealing the joints on the concre streets in the City, and requested Councii consider adoption of th' resolution to advertise for bids for this project. MOTION by Councilman Schendier to Councilman Barnette. Upon a voic the motion carried unanimously,� 1 Resolution No. 71-1981. Seconded , all voting aye, p�ayor Nee declar APPROVAL OF PLANS FSFRV(1TR DFDATD. hir. Flora, Public Wor Director, stated the storage reservoir located on Johnson St reet has number of exterior cracks requiring repair and the tank needs a new c t of paint, and requested Council consider adoption of this resolution advertise for bids for this project. MOTION by Co ilman Schneider to adopt Resolution No. 72-1981. Secondedl Councilman rnette. Upon a voice vote, all voting aye, Mayor Nee declare� the �otio carried unanimously. 11.47 Senato .r Oon Frank : Senator pon Frank appeared before the touncil may have regarding the past l Senator Frank reviewed the actions t� 'the State's deficit. He further stat ;yovernments be on the same fiscal ye� tenough warning would be given so loc� change . Sneator Frank stated the Legislature itis the concensus of both houses tt the next session. la. Qureshi questioned if local aid t level as lzs.t year. Senator Frank s- the case, but obviously that is a shc Ne stated the cost of 1QCal services shifted again to local governments ar �OVernment has is to raise the proper k. Qureshi, City Manager, pointed ou penalized for being prudent and cost State has put a mandate. on Local gove or Frank stated he would agree t �er, he felt the coming y�ar will went through because they still �r Nee stated in regard to condani taken away the City's descretion Ciry. Attorney to draft a proposed ;would recover the Ci�y's power � iested a model ordinance be drafte 'ted to cover the City's concerns. 3enator Frank also stated, during thi: �roperty has been reduced by three t� tatls from rental owners who stated �; jroperty because of the taxes. He fe this issue further because of the di�- �on-rental property. or FranR questioned the completi� �ouncilman Fitzpatrick felt there shoc pedestrians could cross the street s� stated when the widening began, one s left`is inoperative. He stated they c �re completed but he is trying to wor school begins. krtator Frank stated the Department o�� deciding what route will be taken for 1 stated the City doesn't wish a south E frank stated Representative Simoneau r the meetings, but he would rather dou; of any access to the bridge. Nayor Nee extended the Council's than� the meeting and providing this in€orr: . t illC MINUTES OF TNE PU[3LIC NEARING MEETING OF THE FRIDLEY CITY COUNCIL OF �� AUGUST 10, 1981 � �alBIIC HEARING MEETING OF AUGUST 10, 19 The Public Hearing Meeting of the Fridley City Council was called to order at 7:35 p, m, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led th e Council and audience in the Pledge of Allegiance;to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA: Mayor Nee, Courcilman Fitzpa ick, Councilwoman Moses, Councilman Schneider and ncilman Barnette. None MOTION by Councilwoman Moses to opt the agenda as presented. Seconded by Councilman Schneider. Upon oice vote, all voting aye, Mayor Nee declared the motion carried unanimo y. PUBLIC HEARINGS: � �:PUBLIC HEARING ON WATER AND SANITARY SEWER PROJECT N0. 134 HEATHER HILLS W i MOTION by Councilman Schneider to waive the reading of the public hearing no and open the public hearing. Seconded by Councilwanan Moses. Upon a voice all voting aye, Mayor Nee declared the motion carried unanimously and the p� hearing opened at 7:3o p, m, Mr. Flora, Public,Works Director, stated the Heather Hills West plat is loca east of Moore Lake, off Old Central Avenue, and consists of construction of streets, Heather Place and Heather Circle. � Mr. Flora stated the developer, Mr. Brickner, has petitioned for sanitary se water and storm sewer to be installed this year, with the street and concreU curb and gutter to be installed next year. He stated the lat located on the side of Heather Place is being charged only for the share of the cost which i: benefit to that property and if this lot is later platted.or divided, there� be additional costs involved in extending the water and sewer lines. Mr. Flora stated the costs affecting the Heather Hills West plat are being d1 equally between the 11 lots in the plat. He stated this is a self-sustained development and the only requirement the City would like is to loop the wate� system to sane other lineinstead of just internally. He stated the original was for Ben More Orive to be extended all the w�y down to Central Avenue and connected to Heather Place, however, there was discussion on the practicalitj doing it at this time. Councilman Schneider asked if Ben More Drive would be extended at some futur date, the improvements put in this year would have to be changed, t4r. Flora stated it ivould not because when this particular water system is installed. shou7d lend itself to at least four other methods of providing a viable s; in this area. Councilwoman Moses asked what the assessment would be to the property north the plat which is owned by Mr. and Mrs. Skinner. Mr. Flora stated the cost the sanitary sewer, storm sewer and water would be about $18,835. Mr. Skinner stated there has been some discussion between himself and Jerry Boardman, City Planner, as to possibilities for development of his property. 11.48 �es ed, however, at this point, he i property wi�rout knouing �ahere he s krelop as far as his property is conce dth the Heather Hills development, as prtion of it. . Skinner stated to go-along with any sessed any amount of the costs whatso ing into the Heather Hills developmen ated he understood the Heather Hi11s d was to bear its total cost and he h :ause it doesn't affect him. t. Skinner stated, frankly, he doesn't s not opposed to the street being cons eather Hills, as long as he doesn't ha aying part of the cost of those improv r. Skinner stated he has had some disc ption discussed was the street would b otost to him.. He stated he didn't fe clear cut answer as to what will actu erelop. He stated there was discussi �djoining Ben More Orive, however, pe� treet to be extended. He stated there � be extended. •He stated there was al: ross his property and j�oin Rice Creek. ibe so mar�y things for which they hav� �uncilwanan Moses stated right now, th� �t questioned if Mr. SE;inner wouldn't t what was eventually decided upon on 1 Flora•stated he felt there would be inner could ptat on his property: uncilwoman Moses pointed out that this spread across these lots, if Mr. Skin incilman Schneider questioned how this put in sewer and water and half of th f opposed. �. Herrick, City Attorney, stated the d �re particularly, the street pattern, i uncil and not the inGividual land owne uncil, with the advice of the administr 9arding the street pattern, . Herrick stated, as far as the assessi greater than the b�nefits to the prop� sessed equally. I�r. Herrick felt, in this case, there ar� street is constructed so it is not adjacE fauncil decides they will not assess his Ideferred assessment. Wuncilman Schneider asked Mr. Skinner ii usessment. FRIDLEY CITY COUNCIL OF 1UBLIC HEARING MEETING OF AUGUST 10, 1981 PAGE 2 �uncil was called to order � stated, however, at this point, he is totally opposed to the assessment of lis property with out knowing where he stands or what is eventually going to tevelop as far as his property is concerned, He stated he was not concerned rith the Heather Hills development, as long as he doesn't have to pay for any }ortion of it. dge of Allegiance to the �atrick, Councilwoman Moses, �uncilman Barnette s presented. Seconded by ng aye, Mayor Nee declared 3 of the public hearing notic xnan Moses. Upon a voice rc ied unanimously.an� th2 publ �r Hills West plat is loc isists of construction of �etitioned for sanitary sewe th the street and concrete ed the lat located on the e share of the cost which is latted or divided, there wo and sewer lines. ils West plat are being dir this is a self-sustained' like is to loop the water` . He stated the original.pl �wn to Central Avenue and a ission on the practicality i e extended at some future : .o be changed. �4r. Flora':`. er system is installed, it of providing a viable sysG ° to the property north ot�- . Flora stated the cost for �out $18,835. �ween himself and Jerry iopment of his property. A'. Skinner stated to go along with any approval for his property to be usessed any amount of the costs whatsoever for sewer and water connections �Oing into the Heather Hills development, he is totally opposed to it. He stated he understood the Heather Hills development was to be self-sufficient �nd Nas to bear its total cost and he has been in total agreement with that Oetause it doesn't affect him. . !�. Skinner stated, frankly, he doesn't need a street by his property, but isnot opposed to the street being construct2d..a�d� the development of �eather Hills, as long as he doesn't have to make a pre-mature decision on �aying part of the cost of those improvements k, Skinner stated he has had some discussions with Jerry Boardman and one �tion discussed was the street would be constructed, as proposed, but with b cost to him. He stated he didn't feel.at this time that anyone really had tclear cut answer as to what will actually happen if his property were to Eevelop, He stated there was discussion of crossing the back of his property �nd joining Ben More Drive, however, people on Ben More might not want the sireet to be extended. He stated there was also discussion for the street tobe extended. He stated there was also discussion for the street to cross his property and join Rice Creek. He stated, at this time, there seems tobe so many things for which they have no, answers. . touncilwanan Moses stated right now, the Council doesn't have all the answers, but questioned if Mr. S{:inner wouldn't haue some buildable lots, regardless d what was eventually decided upon on the street design. a. Flora•stated he felt there would be anywhere from four to six lots Mr. Skinner could plat on his property. . 'touncilwoman Moses pointed out that this proposed assessment of $18,835 could �k spread across these lots, if Mr. Skinner were to plat them. tduncilman Sch�eider questioned how this is handled where it is necessary toput in sewer and water and half of the persons are in favor and the other ialf opposed. 1�. Herrick, City Attorney, stated the decision on how property is platted and, �inre particularly, the street pattern, is a decision that should be made by the touncil and not the individual land owners. He stated that is something the touncil, with the advice of the administration, will have to make a decision `regarding the street pattern. !tr. Herrick stated, as far as the�assessments, the cost of the assessment cannot legreater than the beoefits to the property and all properties have to be usessed equally. �r.Herrick felt, in this case, there are two options. One would be that the street is constructed so it is not adjacent to Mr. Skinner'S property, if the founcil decides they will not assess his property, and anothe r option would be �deferred assessment. Louncilman Schneider asked Mr. Skinner if he would be in favor of a deferred usessment. 11.49 c .� i� i;l� �;::�:� , ; ,... RESOLLTTION NO. -1997 A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 1998 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall hold a public hearing to adopt a budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate; NOW TT�REFORE, BE IT RESOLVED that the following budget be adopted and approved: GENERAL FUND Taxes and Special Assessments: Current Ad Valorem Delinquent, Penalties, Forteited Special Assessments �icenses and Permits: Licenses Permits I ntergovern mental: Federal State - Homestead and Agriculture Credit Aid Local Government Aid Local Performance Aid All Other Charges for Services HRA Water Fund Sewer Fund Storm Water Fund Liquor Fund Cable N Fund Construction Funds Fines and Forfeits Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Closed Debt Service Fund Liquor Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND ESTIMATED REVENUE $3, 825, 521 63, 898 928 183, 511 433,216 6,713 1, 039, 739 1,677,068 37,466 528,016 365,636 252, 079 157,623 151,872 84, 421 60, 312 22, 972 45, 502 181, 083 362,120 148,010 11,121 232, 902 140, 000 10,011,729 276, 807 510,288,536 12.OL Legislative: City Council Planning Commissions Other Commissions City Management: General Management Personnel Legal Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Civil Defense Fire: Fire Rental Housing Inspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Recreation: Recreation Naturalist Community Development: Building Inspection Planning Reserve: Emergency Nondepartmental: APPROPRIATIONS $94,659 1, 889 10, 796 283,460 96, 422 253, 000 27,146 571, 577 123,242 164,591 109,275 3,290,101 10,145 762, 089 90, 866 200, 944 441, 972 195, 795 695,912 1,163, 601 674,741 232, 647 231,784 392,474 100, 000 69,408 510,288,536 SPECIAL REVENUE FUNDS Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Housing Revitalization Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS Capital Improvement Fund Taxes - Current Ad Valorem Interest on Investments Donations Fund Balance TOTAL CAPITAL PROJECTS FUNDS AGENCY FUND Six Cities Watershed Fund Taxes - Current Ad Valorem TOTAL AGENCY FUND TOTAL $120,500 254, 264 398,126 250, 000 33,156 51,056,046 $85,550 353,150 10, 000 583, 772 S 1,032,472 $7, 822 s�,s22 512,384,876 General Capital Improvement Streets Capital �mprovement Parks Capital Improvement $137, 330 254, 264 414,452 250, 000 51,056,046 $280,000 483, 737 268, 735 51,032,472 $7, 822 s7,s22 512,384,876 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF DECEMBER ., 1997 ATTEST: WILLIAM A. CHAMPA - CTTY CLERK NANCY J. JORGENSON - MAYOR i2.o3 FINAP CI1'Y 1 � � �� ::MEMORANDUM 'E DEPARTMENT � �' !FRIDLEY ' �.�r RICHARI FINANCE WILLIAM W. BURNS, CITY MANAGER �� � RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S. HANSEN, STAFF ACCOUNTANT RissYL ^TOR ' SUBJECT: RESOLUTION TO LEVY TAXES WHICH APPEAR TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1998 TO ANOKA COUNTY ��� �A November 10,1997 The attached resolution grants City Council the authority to levy a tax which appears to be in excess of 16 mills. As stated in Section 7.02 of the City Charter, pursuant to three weeks published notice and a public hearing the Council may adopt a resolution showing the necessity for such taxes. The attached resolution also provides for the certification of the 1998 tax levy to Anoka County for collection. RDP/ph Attachments 13.07 RESOLUTION NO. -1997 A RESOLUTION DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1998 TO THE COUNTY OF ANOKA FOR COLLECTION WI�REAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, said Section 7.02 of the City Charter provides that if the taxes levied against property within the City exceeds 16 mills on each dollaz of assessed valuation, that the Council shall adopt a resolution showing the necessity for such tax; and WHEREAS, the State of Minnesota has changed the method of computing taxes from "mill levy" to "tax capacity"; and WHEREAS, the State of Minnesota transferred state aid dollars from the city to the school districts to reduce school district taxes; and WHEREAS, in addition, the State of Minnesota reduced the amount of state aid dollars it had previously distributed to cities; and WI�REAS, the City of Fridley needs to levy taxes which appear to be in excess of 16 mills because of the reduction of local government aids by the State of Minnesota. NOW TI�REFORE BE IT RESOLVED that the City Council of the City of Fridley pursuant to three (3) weeks published notice and public hearing on the 29th day of November, 1997, shall have the authority to levy a tax which may be in excess of 16 mills; and BE IT FLTRTHER RESOLVED that the City of Fridley certify to the County of Anoka, State of Minnesota, the following tax levy to be levied in 1997 for the year 1998. 13.02 Page 2 - Resolution - 1997 � �1� C �_ � 1�1�� General Fund �' : ':•1 �1�1� Capital Improvernent Fund - Parks Division � ► � AI� Six�Cities Watershed Management Organization STONEYBROOK CREEK SUBWATERSHED TOTAL ALL FUNDS $3,921,159 72,689 7,822 8,900 $4,010,570 PASSED AND ADOPTED BY 'TI-� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS TH DAY OF DECEMBER, 1997 ATTEST: WII,LIAM A. CHAMPA - CITY CLERK 13.03 NANCY J. JORGENSON - MAYOR � � ClTY OF FRIDLEY MEMORANDUM William C. Hunt Assistant to the City Manager Memo to: William W. Burns, City Manager ��� � From: William C. Hunt, Assistant to the City Manager "� Subject: Date: Proposed 1998 Agreement Between the City of Fridley and the Fridley Communications Workshop (E.T.C. Channe133) December 3,1997 The City Council has authorized $42,700 of the Cable Television franchise fee to be given to the Public Access Workshop for the yeaz 1998. $41,400 was appropriated in 1997. The attached proposed agreement executed by the Fridley Communications Workshop (E.T.C. Channel 33) incorporates this amount. Other than the dollaz amount and dates, the proposed agreement is worded the same as the 1997 agreement. As in the past, the City would pay four equal payments of $10,675 to E.T.C. from the quarterly franchise fee payments received for the budget year 1998. I request that you present this to the City Council for consideration at their meeting of December 8, 1997. WCH/jb 14.01 This a�reement made and entered into this 8th day of December 1998, by and between the City of Fridley, a Minnesota municipal corporation, in the caunty of Anoka, Sate of Minnesota, hereinafter referred to as'the City" and ETC Fridley Communications Workshop, Incorporated, a non-profit corporation in the County of Anoka, State of Minnesota, witnesseth: For and in consideration of the promises, covenants, terms and provisions herein contained, the parties hereto mutually agree as follows: 1. Period of Agreement. This agreement for a 12 month period, shall be effective January 1, 1998 through December 31, 1998, unless otherwise ternunated by either party with 90 days written notice. Upon termination of the agreement, all uncommitted amount sha11 be detetmined and agreed upon by the City Manager and ETC Fridley Communications Workshop, Inc.. 2. Responsibilities of ETC Fridley Communications Workshop, Inc.. ETC agrees to provide, on behalf of the City, services to Fridley residents as follows: a. To educate members of the public to the potential uses of video communications in the community. b. To provide training and technical assistance that will promote citizen use of available cablecastin; facilities as a non-commercial means of communications. c. To serve as a resource center for information, materials and equipment relating to the use of video as a communication medium. d. To serve as a receiving, holding and disbursing entity for monies intended to promote non-commercial citizens use of the channel. e. To provide at the request of the City, assistance to City staff in the programming of its government access channel, at no additional cost. 3. ETC Fridley Communications Workshop, Inc. further agrees to keep and maintain a qualified staff of personnel, both paid and volunteer, necessary to perform the services herein set forth. 4. For the period of this agreement the City will grant to ETC Fridley Communications Workshop, Inc. the amount of $42,700 from the cable franchise fee from the cunent cable company to the City. Quarterly amount shall be payable upon receipt by the City of the quarterly franchise fee payment from the cable company. 5. ETC Fridley Communications Workshop, Inc. shall keep accurate and complete records of financial transactions and shall provide to the city, on a quarterly basis April 1, 1998; 7uly l, 1998; October 1, 1998; and February 1, 1999, a complete written financial report of its operations during the period of this agreement. Said records shall include an accounting system maintained in a generally accepted manner, including, if applicable, the filing of proper t� returns to the Federal and State Governments, such as payroll tax returns of corporate income tax returns. Said records shall be available for inspection by the City Manager, members of the Council, and Cable Commission Members during regular business hours. 6. ETC shall provide to the City a written report of its operational activities, including whatever data will assist the City in evaluating the effectiveness of ETC in the provision of the services 14.02 herein set forth. Said report will be provided to the City within sixty days after the completion of this aDreement. ETC will provide interim reports of its operational activities April 1, July 1, October l; and February 1. 7. ETC shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims for losses, injuries, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of ETC, its agents, officers, employees, members, guests, patrons, or any person or persons associated with ETC or any purpose. 8. Insurance. ETC Fridley Communications Workshop, Inc. will provide proof of liability insurance, naming the City as an additional insured in an amount and form as approved by the City Manager. 9. ETC sha11 provide the City documentation that has obtained non-profit tax-exempt statues from the Federal Internal Revenue Service and the State of Minnesota Department of Revenue. 10. It is understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. 11. In the event of a breach by ETC of the terms or conditions of the Agreement, the City sha11 have, in addition to any other legal recourse, the right to terminate this Agreement. In witness whereof, the parties have caused the Ageement to be executed by their proper officers, thereunto duly authorized. William W. Burns, City Manager Nancy Jorgenson, Mayor I� � � �' �,_.- _ 'I1�. �- �- ;��..�?'1 � - . ! //I1 � �L/� � � ' • - i4.o3