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12/13/1999 - 4668OFFICIAL CITY CITY COUNCIL AGENDA CITY COUNCIL MEETING DECEMBER 13, 1999 e t r r, B �� _. � unror FRIDIEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Mov�day, �ecembetc 13, 1999 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS . � ,� ITEM NUMBER " �rv � C.�i <v � 5 '�.�z.� : ,�'j0i`' �'(�� ,L.� �1 . � � �-- �"/'P/C? i ;'� � X.E-c; - f� f �Llo�'� -C� `'-!' .-� )� �♦ � 7`,1�/ /v L. ,E % ��. . /Y,- - ' �� '� �5 3 �� 111c �.��- ��. .�� ;; . � �.�s"��- 5�� F � �. ; , � ' `f'] 3'1 -1 ��t-�� =5 r._,.� 3'-= . �L-� �'° ,� , ," � � T�c'1�1��' �� s' �- ��i� , 2� �� .��,�'� � -,% � � t��._s �' � S�> �� - _ � �_ . S� � � � � � �.)' %' �G._.S` 3'�'� �� -,�"r �' f�rGJ � �%�,-- �� -- � � G�1,E �_� `� Z Z- �� `?Z/'�.>� ��, � '��2.2 � �' �:L`�� L.��=--- ` ��-'�� " ��-� �� - �t� � _ 3 ,�� S-� � �' " ��--t-�. �.�,�-_��._--� �, � --��j�f �% � � � � I _�f . n.i �� - �� ' � f � i , s • � � � CITY COUNCIL MEETING OF DECEMBER 13, 1999 CffY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation 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 disabilities who require aw�iliary 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 22, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Receive the Planning Commission Minutes of November17, 1999 ...................................................................... 6 20 2. Receive the Planning Commission Minutes of December1, 1999 ........................................................................ 21 - 23 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1999 'PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED)• 3. Resolution Approving a Subdivision, Lot Split, LS #99-04, to Create Two Duplex (Two Family) Parcels, Generally Located at 5361 Sixth Street N.E. (Ward 1) (By GaryWellner) ............................................................................... 24 - 28 4. Variance Request, VAR #99-30, by Gary Wellner, to Reduce the Side Yard Setback From 10 Feet to 7.99 Feet to Correct an Existing Nonconformity, Generally Located at 5361 Sixth Street N. E. (Ward 1) .................................................. 29 - 33 5. Resolution Approving a Subdivision, Lot Split, LS #99-05, to Establish New Property Lines for Two Residential Parcels, Generally Located at 5928 Woody Lane N.E. (Ward 2) ............................... 34 - 38 6. Approve Development Agreement between the City of Fridley and Stephen P. Varichak, Dolores M. Varichak, James Surdyk and Lynne E. Surdyk (Ward 2) ....................................................................................... 39 - 46 7. Resolution Approving a Final Plat, PS #99-03, by Stephen Varichak to Replat Property to Accommodate Three Single Family Residential Lots, Generally Located at the Northwest Corner of Gardena Avenue and Benjamin Street (Ward 2) ...................................................... 47 - 51 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1999 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED)• 8. Resolution Approving a Vacation, SAV #99-07, Vacating Drainage and Utility Easements (By Medtronic Inc.) (Ward 1) ............................................................... 52 - 60 9. Resolution Approving a Plat, PS #99-01, by Medtronic Inc. to Replat Property to Accommodate the Medtronic Corporate Campus, Generally Located at Medtronic Parkway and TH 65 (Ward 1) .................... 61 - 65 10. Resolution Approving Special Legislation and Approving Extension of Tax Increment Financing DistrictNo. 6 ................................................................................. 66 - 68 11. Resolution Modifying the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1 through 3, 6, 7 and 9 through 16 to Reflect Enlargement of the Project Area and Increased Project Costs to be Undertaken Within Redevelopment ProjectNo. 1 ................................................................................. 69 - 73 12. Resolution Waiving Prepayment Provisions Relating to General Obligation Tax Increment Note, Series1997 .................................................................................. 74 - 78 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1999 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 13. Resolution Authorizing Submission of the Comprehensive Plan for the City of Fridley to the Metropolitan Council ........................................................... 79 - 81 14. Approve Consultant Contract between the City of Fridley and Bonestroo, Rosene, Anderlik & Associates, Inc., for the Preparation of a Local Water Management Plan ............................................................... 82 - 91 15. Approve Section 8 Housing Assistance Payments Program Contract for Administrative Services .............................. 92 16. Approve Snow Removal Operations Policies and Procedures for the City of Fridley for the 1999 through 2000 Season ................................................................................ 93 - 107 17. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for CLIMB Theater (at Maple Lanes, 6310 Highway 65) (Ward 2) ....................................................................................... 108 - 109 FRIDLEY CITY COUNCIL MEETING OF DECEMBER APPROVAL OFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 1999 PAGE 5 18. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley Lions Club (at Joe DiMaggio's Restaurant, 1298 East Moore Lake Drive) (Ward 2) ........................................ 110 - 111 19. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Minnesota Youth Athletic Services (at Shorewood Restaurant, 6161 Highway 65) (Ward 2) ...................................... 112 - 113 20. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley VFW, Post 363 (at Fridley VFW, 1040 Osborne Road N.E.) (Ward 2) ...................................................... 114 - 115 21. Resolution Authorizing Execution of Agreement Between the City of Fridley and the Office of Drug Policy and Violence Prevention in the Minnesota Department of Public Safety 116 - 117 ......................................................... 22. Appointments ................................................................................ 118 � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED) NEW BUSINESS: 10. Resolution Approving Special Legislation and Approving Extension of Tax Increment 16� APprove Snow Removal Operations Policies Financing District No. 6 ............... 66 - 68 and Procedures for the City of Fridley for the 1999 through 2000 Season ......... 93 - 107 11. Resolution Modifying the Redevelopment Plan for Redevelopment Project No. 1 and th2 TeX IrlCrement Financing Plans for Tax Increment Financing Districts Nos. 1 through 3, 6, 7 and 9 through 16 to Reflect Enlargement of the Project Area and Increased Project Costs to be Undertaken Within Redevelopment Project No. 1 ................................... 69 - 73 12• Resolution Waiving Prepayment Provisions Relating to General Obligation Tax Increment Note, Series 1997 ........................ 74 - 78 13. Resolution Authorizing Submission of the Comprehensive Plan for the City of Fridley to the Metropolitan Council ........., 79 - 81 14. Approve Consultant Contract befinreen the City of Fridley and Bonestroo, Rosene, Anderlik & Associates, Inc., for the Preparation of a Local Water Management Plan.................................. 82 - 91 15. Approve Section 8 Housing Assistance Payments Program Contract for Administrative Services ............... 92 L � 7. Resolution in Support of an Application for a � Minnesota Lawful Gambling Premise Permit For CLIMB Theater (at Maple Lanes, 6310 Highway 65) (Ward 2) .................. 108 -109 � 8• Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit For Fridley Lions Club (at Joe DiMaggio's Restaurant, 1298 East Moore Lake Drive) _ (Ward 2) ................................... 110 - 111 19. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit For Minnesota Youth Athletic Services (at Shorewood Restaurant, 6161 Highway 65) (Ward 2) ................................... 112 - 113 20. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit For Fridley VFW, Post 363 (at Fridley VFW, 1040 Osborne Road N.E.) (Ward 2) 114 - 115 21. Resolution Authorizing Execution of Agreement Between the City of Fridley and the O�ce of Drug Policy and Violence Prevention in the Minnesota Department of Public Safety ............... .... 116 - 117 �� `� . - . FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1999 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: �� S� ��,��- NEW BUSINESS: 27. Resolution Supporting/Not Supporting the Construction of a Trunk Highway 47 Noise 22. Appointments ............................... 118 Wall (Ward 1) ................................... 127 - 129 �� f ��i J J.' / ✓�� ,� )�-�� `` 28. Resol�ltion Certi in the Final Tax Lev N 9 Y Requirements for 2000 to the Counry of 23. Claims ................................... 119 Anoka .................................. 1- 2 s �% �� ,,, � � � , aa 24. Licenses ................................... 120 -121 29. Resolution Adopting the Final Budget for the Fiscal Year 2000 - ............................. 3 �p ��.� �T�L-� i�� C .. 2� �� 25. Estimates ..................................122 ADOPTION OF AGENDA. Pl�•-c- L ( U �- t � � � �--e-� '� �� A OPEN FORUM, VISITORS: (Consideration of Items not on Agenda —15 Minutes) 30. Informal Status Reports ............ ��^. F_« u�b �-C,_ ADJOURN. �� `.!.'�3 �� '� PUBLIC HEARING: � .� � � '1 ; � � ��► ` 26. Construction of a Noise Wall on University Avenue from 44th Avenue to I-694 (Ward 3) ................................... 123 - 126 130 . . - , v a� � THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22,1999 . THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 22. 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jargenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolcom MEMBERS ABSENT: None. STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these � proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by thes standards of personal conduct. PRESENTATION: Presentation bv Bill Morris, Decision Resources Mayor Jorgenson introduced Bill Morris and his associate, Jim Rose, of Decision Resources. Decision Resources conducted a residential, telephone survey in the City. NIr. Morris stated that this is the fourth survey done over the telephone, conducted for the City on a two-year cycle. They spoke with five hundred randomly selected households across the community. The interviews were conducted by professional interviewers over the telephone between September 7 and October 6. Mr. Morris summarized the survey as follows: FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22 1999 PAGE 2 Recreation Pro�ram Usa�e Eleven percent of the households reported that they had participated Springbrook Nature Center programs during the past year. The percentage was down 41 percent from 1997. The trail usage was down 18 percent from two years ago. Sports League participation is down by at least half from two years ago. The Senior Center and summer playground usage are holding relatively steady. The after-school program usage was down to about half of what it was in 1997. Mr. Morris stated that for whatever reason recreational programs across the metropolitan area are showing lower and lower participation rates in the last two years. Recreation Department's Brochure Recreation Department's brochure reading rate is at 47 percent for households. Ninety-three percent of the households that do read it thought that it provided adequate information. Water and Sewer S stv ems Regarding the water and sewer systems, most problems were relatively infrequent. Water pressure problems were at 14 percent and water main disruption was at 4 percent. Discoloration/sediment problems seem to be emerging as a key issue across the metro area. Twenty percent stated that they have problems with water quality. � Citv Streets Regarding City streets, for the most part people stated that the lines and markings on the streets were visible. Being able to see traffic signs was a very definite yes. Most agreed that the streets were smooth and easy to ride on. Eighty-percent indicated that the City had good pothole patching. Most people agreed there was good ice removal. City Parks Most residents felt that City parks were well mowed. Most people felt the parks were trash free. Most felt there were enough picnic facilities and sufficient play equipment. There was a decline in positive answers as to the condition of the athletic fields and play equipment, but participation rates are down compared to two years ago. Public Safetv Services Most people answered that they felt the police were courteous. There were fewer people in contact with police to make the kind of judgment whether they are courteous or respond quickly, so there was a slight decline, though statistically insignificant. Firefighters were thought to respond quickly but there was a drop-off in the numbers of people who did make contact with firefighters. One-hundred percent stated that firefighters were effective. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22 1999 PAGE 3 Called 911 for Police Twenty-four percent of the residents called 911 in the past twelve months. This was lower than the metropolitan area r�orm which is 33 percent. In St. Paul and Minneapolis it is 45 to 50 percent. Everyone was satisfied with the response except for 6 percent. Called 911 for Fire/EMS Eleven percent had made the a call fire and satisfaction was unanimous again. Nei�hborhood Crime There has been a downward trend in the last few years that residents feel that neighborhood crime is on the increase in their neighborhood. The perception is stabilizing at a lower level than what was seen before. Nei�hborhood Police Patrollin� Residents indicated that they thought that the same amount of patrolling by police has been going on now as it has been in the past few years. No one had thought it had decreased in their neighborhood, while 27 percent thought it had increased. _ Speed Limit Enforcement Speed limit enforcement has become a hot topic across the metropolitan area. Speeding on residential streets seems to be an epidemic right now in many communities. Sixty-four percent indicated that they thought there were not many changes in speed limit enforcement. Twenty- nine percent saw an increase, but few people saw a decrease. These results are more favorable in terms of enforcing speed limits and the perception of enforcement in other communities. Enforcement of Traffic Laws Most residents feel that there is the same amount of enforcement of traffic laws that there has been over the past few years. That is a positive response. Only two percent saw it increase. Neiehborhood Watch Meetine Attendance The number of people attending neighborhood watch meetings has been dropping. There has been a small drop from 1997 to 1999. Ille�al Dru� Use T�venty-seven percent felt that illegal drug use was very frequent. Twenty-nine percent thought that very little drug use was occurring. Most residents were unsure of the frequency of illegal drug use. In comparison to other communities, these perceptions are extremely favorable. In western Hennepin County, the number of people who felt illegal drug use was frequent has started to approach eighty percent. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22 1999 PAGE 4 Code Violation Very few residents stated that they have reported a nuisance code violation. Twelve percent is way down compared to the norm across the metropolitan area. Seventy-five percent felt the problem was resolved, and 20 percent did not feel that it was resolved. Of that 20 percent, it was felt that the code did not go far enough in terms of making the problem resolvable, and it was perceived that there was no follow-through after the violation was reported. Building Permit Fridley has one of the smoothest building permit processes found in the metropolitan area. Twenty-four percent indicated that they had taken out building permits. Seventy-three percent indicated that they were satisfied with the services of the City inspector. That is tied with the highest level of satisfaction they have seen in the last three years with City inspectors across the metropolitan area. The process seems to be well regarded with the folks that have had contact with it. Rental Pro,pert,��pection Rental property inspection got high marks. Only 4 percent indicated that they own rental property in the City of Fridley. Three-quarters indicated that they were satisfied with the inspection program and dissatisfaction was low at 11 percent. ' Curbside Rec�n� Pro�ram Ninety-three percent rated BFI as excellent or good. This is in line with other communities. There was an increase in the curbside recycling program since 1997. Citv's Yard Waste Site The usage of the City's yard waste site in the last year was 22 percent. Eighty-one percent indicated that it was an important public service. Citv's Drop-Off Da� Twenty-five percent have dropped off items at the City's drop-off days in the past year. Sixty- one percent indicated that they thought it was fairly important. Empowerment In 1999, there are fewer people who felt in a position to answer the question regarding whether the City responds promptly to any questions. Sixty-percent agree that the City responds promptly. That is down from 1995 art� 1997, but the share is proportionate to the people who felt they could answer the question and is actually an increase in terms of favorability. Eighty- percent felt they could answer whether residents have a say and that increased by 50 percent since 1997. Empowerment in general is at a very good level. FRIDLEY CITY COUNCIL 1VIEETING OF NOVEMBER 22 1999 PAGE 5 Municipal Center Staff Twenty-two percent of the residents indicated that they had requested assistance from staff. Courtesy, listening, understanding, and promptness in handling were rated very highly. Effectiveness went down to 78 percent. Each of these is over the norms they would have expected. The only issue which might need to be looked at in more detail is effectiveness. Nei�hborhood Satisfaction I Historically in Fridley, residents have always expressed a high degree of satisfaction and connectedness with their neighborhoods. Over 90 percent of the residents responded favorably to the condition and appearance of single family homes, safety of homes, and safety of neighborhoods. The only place where residents expressed more negative responses, had to do with the condition and appearance of apartments. The satisfaction rating here is quite high regarding apartment residences compared to other communities. Nei hborhood Satisfaction II There is a decrease in satisfaction with parks and recreation areas since two years ago. Remove Universitv Avenue Fences Fifty-six percent of people stated that they did not want to remove the University Avenue fences. Thirteen percent said yes. Thirty-one percent were unsure. By a four to one margin, residents do not want to see the fences come down. Sand Dunes Nature Area Twenty-two percent of the households used the Sand Dunes Nature Area. There was almost a three to one vote saying yes to spending the $60,000 to replace the fence and boardwalk in the Sand Dunes Nature Area. Redevelo,..pment Priorities Junkyard elimination, single family home rehabilitation and University Avenue rehabilitation rated high on redevelopment priorities. Apartment rehabilitation and dilapidated single family home elimination rated somewhat lower in terms of the mean scores. Vehicle Stora�e Fifty-four percent stated that storage of boats and campers in front yards should not be allowed. Thirty-five percent said they should be allowed and 11 percent were unsure. Fifty-three percent stated that they agreed with the prohibition of storage of motorized travel trailers/large RV's in the front yard, thirty-six percent stated they did not agree, and 11 percent were unsure. Double �vmnasium without Tax Increase Sixty-nine percent stated that they would support a double gymnasium without a tax increase, seventeen percent stated they would not support it, and 14 percent were unsure. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22 1999 PAGE 6 Public Access Viewership In contrast to the rest of the metropolitan area, Fridley has doubled the percent of people who watch public access frequently. Occasional viewership was also up, and the number of people who were not watching has dropped. Imnortance of Public Access Television Fifty-eight percent felt that public access television is somewhat important. Thirty-one percent felt that it was not at all important, or not too important. Street Reconstruction Pro�ram Thirty-six percent stated that their street has been upgraded during the past six years. Ninety-one percent stated that they were satisfied with the quality of the work. In other cities the dissatisfaction levels of street upgrading quality was significantly higher. Good Idea to Continue Street Reconstruction Pro am Eighty-three percent indicated that they felt it was a good idea to continue the street improvement program, which is a change from 1997 when 65 percent indicated that it should continue. Mowin� Riaht-of-Wa.y Fifty-seven percent stated that they felt it was a wise use of funds to mow the University Avenue corridor. Forty-four percent stated that they agree to spending similar amounts for mowing Highway 65. In general, there is certainly a very solid majority who want to continue mowing the University Avenue corridor. Core Values ProQram Awareness of the core Values First Program has dropped by 7 percent in the last few years. �anded Citv Hall Hours Only about a quarter of the residents indicated they were aware of the expanded Municipal Center hours. Only about one-third of the residents who were aware of the expanded hours have gone to the Municipal Center during those hours. The awareness is still somewhat low, but in terms of the expanded hours, the usage rate is similar to other communities who have expanded service hours. Nei�hborhood Resource Officers Awareness of the neighborhood resource officers was only 33 percent. Of that percent, half indicated they had met the officer and that was how they became aware of the assignment. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22 1999 PAGE 7 Readershin of Focus News Focus News had the reach of 83 percent. It does reach over four out of five residents. City Newsletter The City newsletter was received and read regularly by 73 percent, a high number in terms of the combined receipt and regular readership. Most readers are pleased with the newsletter as a source of information. The reach and impact of the City newsletter is terrific. Cable Television Sixty-percent indicated that they were subscribing to cable television. Twenty-five percent of the subscribers indicated they watch monthly or more often. That is far ahead of other communities with that much viewership. Comnuter Processes Fifty-five percent stated that they did have access to a personal computer with a modem. The 45 percent is lower than the suburban norms. Currently, overall, across the entire metropolitan area, it is about 62 percent. Fifteen percent had accessed the Fridley web site. That was a very good number in comparison to other communities. That indicates a real potential for the Fridley web site. �endin� Tax Monev Sixty-seven percent rated the spending of tax money as excellent or good. That level is extremely high in comparison to levels in other communities. Those that rated it as fair or poor is only 21 percent, small in comparison to the norm. The norm dissatisfaction level in the metropolitan area suburbs is currently 40 percent. In general, the results conformed very well to what was found two years ago. The residents for the most part are very satisfied with their life in the community. City services are well-regarded, the spending of tax funds is extremely well-regarded, and the responsiveness of the City to the community received very high grades. Past decisions were supported very candidly, though the residents still show a strong streak of fiscal conservatism when it comes to the spending of funds. The City is reminiscent of the strong neighbor relations you see in St. Paul and Minneapolis, rather than what you normally see in first and second ring suburbs. There is a real community cohesiveness here and very strong neighborhoods. A moderate concern would center on redevelopment and redevelopment issues. Mayor Jorgenson thanked Mr. Moms for his presentation and asked if there were any questions for Mr. Moms. Councilmember Barnette asked if there was any confusion about front yard meaning driveway or meaning grass. Mr. Moms stated that they did a small pretest and it showed that it was clear and there was no confusion. FRIDLEY CITY COUNCIL NIEETING OF NOVEMBER 22 1999 PAGE 8 Mr. Burns stated that a concern of the Recreation Department was if it was realistic to say that 29 percent of the households had children. Mr. Morris stated that it was realistic and very consistent with other surveys they have had in the area. Mr. Burns asked if they have doubled in their senior population. Mr. Morris stated that is realistic. Mr. Burns asked if the residents were clear on public access television. Mr. Morris stated that in the pre-test, when they asked them about public access, they talked about self-produced programming, which would tend to indicate they understood. Councilmember Wolfe asked about the boats and trailers in the front yard versus being in the driveway. Mr. Morris stated that if they changed the wording on that question he would not have a judgment on that in terms of what the impact would be. Mr. Burns asked Mr. Morris if he had any speculation as to why the residents would be opposed' to eliminating the ordinance that restricts campers and RV's and also opposed to prohibiting motorized vehicles in the driveway. The answers do not seem to be consistent. Mr. Morris stated that the general comments indicated that travel trailers or large RV's tend not to be as necessarily unsightly as non-motorized campers and boats. Mr. Burns asked if the response on these two questions could be interpreted as opposition to change. For example, there is a very low percentage of the population using the yard waste site, but a very high percentage of the people would be unwilling to abandon the yard waste site as a City service. Mr. Morris stated that people felt it was okay to mow on University Avenue, but if you were going to start mowing on Highway 65, there was more of a reluctance to do so. There may be a trend in the resident's feelings that they liked what has liappened so far, but they really did not want to see any major extensions. There were many comments about the boats looking shabby. Mayor Jorgenson thanked Mr. Morris for the presentation. Councilmember Bolkcom asked if they could receive the follow-ups of the comments that some people have made. Mr. Morris stated that it would be possible to type up some illustrative points with some comments as long as the Councilmembers understand that the comments are not projectionable the same way the systematic answers to the questions are answered. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22 1999 PAGE 9 APPROVAL OF MINUTES: Citv Council Meeting of November 8, 1999 MOTION by Councilmember Barnette to approve the minutes of the City Council Meeting of November 8,1999. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANINTOUSLY. APPROVAL FOR PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1135 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: Mr. Burns, City Manager, explained that at the November 8 meeting, Council approved the vacation of a 1.03 acre piece of University Avenue service drive right-of-way adjacent to 6111 Star Lane. The action tonight would sell the vacated property to the adjoining property owner for $1. His intent is to use the property to create additional parking for� tenants at his 18-unit apartment complex. Staff recommended Council's approval. �VAIVED THE READING AND ADOPTED ORDINANCE NO. 1135 ON THE SECOND READING AND ORDERED PUBLICATION. NE`V BUSINESS: 2. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 3. 1999: RECEIVED THE PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 3,1999. 3. APPROVE DISPOSITION OF TAX FORFEIT PROPERTIES LOCATED IN THE CITY OF FRIDLEY: Mr. Burns, City Manager, explained that Anoka County has recently forwarded a list of five tax forfeit properties in Fridley. Four of these are small, unbuildable parcels at the Innsbruck Townhomes. The fifth parcel, a buildable parcel, is located at the end of Polk Street, south of Lynde Drive. While these parcels could be acquired by the City, we find no municipal purpose served by acquiring them. Staff recommended that all five parcels be sold by the County. APPROVED DISPOSITION OF TAX FORFEIT PROPERTIES LOCATED IN THE CITY OF FRIDLEY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22 1999 PAGE 10 4. RESOLUTION NO. 93-1999 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE DECEMBER 14 1999 SPECIAL ELECTION: Mr. Burns, City Manager, stated that staff recommended the designation of polling places and the appointment of election judges. ADOPTED RESOLUTION NO. 93??-1999. 5. ESTABLISH A PUBLIC HEARING FOR DECEMBER 13 1999 FOR THE CONSTRUCTION OF A NOISE WALL ON THE WEST SIDE OF UNIVERSITY AVENUE N.E. FROM 44T'` AVENUE NORTH TO I-694• Mr. Burns, City Manager, stated that 27 residents who attended a MnDOT open house on November 10 considered a MnDOT proposal to construct a noise wall on the west side of University Avenue between 44`'' Avenue and I-694. Of those present, fourteen favored the construction of the wall and seven opposed the wall. Staff proposed that an additional mailing to impacted residents be made and that a public hearing on this issue be held at the December 13 City Council meeting. Staff recommended approval of the motion to establish this hearing. ESTABLISHED A PUBLIC HEARING FOR DECEMBER 13, 1999, FOR THE � CONSTRUCTION OF A NOISE WALL ON THE WEST SIDE OF UNIVERSITY AVENUE N.E. FROM 44T" AVENUE NORTH TO I-694. 6. ESTABLISH A PUBLIC HEARING FOR DECEMBER 13 1999 FOR THE LOCAL LAW ENFORCENIENT BLOCK GRANT• Mr. Burns, City Manager, stated that the City has been selected to receive $22,705 in Local Law Enforcement Block Grant funding. In order to receive the money, the City must convene an advisory board that would recommend the manner in which the money will be spent. Once the advisory board has made its recommendations, Council must hold a public hearing to consider them. Staff recommended that this hearing be held on December 13, 1999. ESTABLISHED A PUBLIC HEARING FOR DECEMBER 13, 1999, FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT. 7. MOTION TO AUTHORIZE ADVERTISEMENT FOR BIDS FOR A NEW FIRE ENGINE FOR THE FIRE DEPARTMENT• Mr. Burns, City Manager, stated that the 1999 Cap'ital Improvements Fund includes $320,000 for the purchase of a new fire engine that would replace a 1971 and a 1981 engine. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL NTEETING OF NOVEMBER 22 1999 PAGE 11 8. CLAIMS: APPROVED PAYMENT OF CLAIM NUMBERS 90244 THROUGH 90484. 9. LICENSES: APPROVED LICENSES AS ON FILE WITH THE LICENSE CLERK. 10. ESTIMATES: Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432-1795 Riverview Heights Street Improvement Project No. ST. 1999-1 FINAL ESTIMATE Diversified Paving, Inc. 8019 - 146`'' Avenue N.W. Ramsey, MN 55303 Municipal Liquor Store Parking Lot Improvement Project No. 326 FINAL ESTIMATE Ron Kassa Construction 6005 - 250`'' East Elko, MN 55020 1999 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 322 FINAL ESTIMATE $ 19,527.74 $ 878.92 $ 2,747.54 Mayor Jorgenson asked if there were any concerns regarding the consent agenda as presented. Councilmember Billings stated that he would like Item Number 7 removed from the consent agenda and placed on the regular agenda. No persons in the audience spoke regarding the proposed consent agenda. MOTION by Councilmember Bolkcom to approve the consent agenda with the exception of Item Number 7. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22 1999 PAGE 12 ADOPTION OF AGENDA: Mayor Jorgenson stated that Item Number 7 would be discussed after the Open Forum portion of the meeting and before the Informal Status Reports portion. MOTION by Councilmember Barnette to approve the adoption of the agenda as recommended. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: Mayor Jorgenson invited members of the public to come forward to address any items not on the agenda. Councilmember Wolfe, 960 Hathaway Lane, stated that he has a question regarding his water bill. He received a water bill that stated that 250,000 gallons of water had been used and registered through his meter. One bill from January 25, 1999, stated that he had used 103,000 gallons of water. He first called the Finance Department, and they red-tagged his bill. His meter was replaced. The City stated that maybe he had a leak. The leak would be compared to washing five loads of clothes per hour in a large washing machine per day. He felt that if there' was a leak of that capacity, his house would have been filled with water six times. He asked the Finance Department what the percentage of people is with the same problem. The answer was that it was between ten and twelve per year. Mr. Pribyl, Finance Director, explained to him that most of the time people have a water leak in their house. Councilmember Wolfe said he is having a huge problem with paying this much for water usage. He compared his bill with another resident's. At the end there was a difference of 300,000 gallons. He stated that he was not asking for favoritism but he needed to know how he could fix this problem. Mayor Jor�enson stated that when there appears not to be a leak in the pipe, it would have to become a policy issue to make sure the City is consistently dealing with this problem. Councilmember Wolfe stated that he did not have an irrigation system or a swimming pool to cause so much water usage. Councilmember Bolkcom asked Mr. Pribyl if the percentage that have the same problem are all resolved by leak problems. Mr. Pribyl stated that the City does not know how most of these problems are resolved. The City indicates that the meter had that reading. In just about every one of those cases, the reading goes down the next time. One resident once had a reading of 1,000,000 gallons. The individual was not aware there was a leak. In that particular case, the City found out what the problem was. The City does not do any follow-up unless there is a problem with the meter itself. Most of the cases, the next reading is down, and the issue is identified and corrected. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22 1999 PAGE 13 Councilmember Wolfe stated that he does not have a leak and does not know where the water is going. Councilmember Barnette asked if a citizen with a similar problem has gone to Conciliation Court. Mr. Pribyl stated that they have not had that situation, but that would be the logical direction for someone to go. Mayor Jorgenson thanked Councilmember Wolfe for addressing this issue. She said it did not need discussion of Council or staff for policies when there was no leak found. Councilmember Barnette stated that one of the reasons Councilmember Wolfe took this route even though he did not want to was to meet all of the standards that every other citizen would if they went to Conciliation Court. Councilmember Wolfe stated that was correct. Mayor Jorgenson thanked Councilmember Wolfe. NEW BUSINESS: 7. MOTION TO AUTHORIZE ADVERTISEMENT FOR BIDS FOR A NEW FIRE ENGINE FOR THE FIRE DEPARTMENT: Councilmember Billings asked Mr. Burns what the cost estimate for the fire engine was. Mr. Burns stated that it was $320,000. Councilmember Billings stated that what he understood was that this was in the 1999 budget. In his mind, there is a severe question of how the Finance Department is going to balance the year 2000 budget depending on the outcome of the vote that will take place for the Special Election in a couple of weeks. He was reluctant to advertise for bids for a$320,000 fire truck when he did not know where the money will come from to balance next year's budget. He would be in favor of tabling this item until after the December 14 vote. Councilmember Bolkcom asked Mr. Burns if they would be putting anyone in jeopardy by not having this fire truck. Mr. Burns stated that they would not be putting anyone in jeopardy by not having this new fire engine. MOTION by Councilmember Billings to table Item Number 7 until after the December 14 Special Election. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL NIEETING OF NOVEMBER 22 1999 PAGE 14 11. INFORMAL STATUS REPORTS: Mayor Jorgenson stated that there were students present today to meet the community service portion of their social studies classes. Mayor Jorgenson invited the students to the podium to state their name, teacher, and high school. Mayor Jorgenson stated that on December 6, 1999, at a special City Council meeting, they were going to be having a presentation of the budget. Most of the information on the budget actually comes from the citizen survey that they do every two years. Council identifies priarity items and looks at what the community feels needs to be done, not just what Council would like done. City government, in order to be effective, has to be representational of the community. She encouraged people to tune in on television on December 6, when they would be presenting the budget. Mr. Burns stated that he was asked about the drop-off day on November 13. They had over thirty tons of drop-off materials. In all of the drop-off days, 69 tons was collected which shows a great participation. Mayor Jorgenson congratulated staff for a job well done. Mr. Burns stated that there was a discrepancy on the date for the debate on the franchise fee. � Mayor Jorgenson stated that some of the material she has seen circulated by the League of Women Voters was misstated in Focus News. The correct date is November 30 at the Community Center at 7:00 p.m. She stated that the public is invited. Councilmember Bolkcom stated that she misspoke regarding the sound barrier meeting with MnDOT. It will be held on December 13 during a public hearing at the Municipal Center. A letter will be sent December 1 to the residents. She also wanted to thank the neighbors and residents who attended last Thursday night's meeting for the Comprehensive Plan. Mayor Jorgenson stated that due to the Thanksgiving holiday, City offices would be closed on Thursday and Friday. ADJOURN: MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE NOVEMBER 22, 1999 CITY COUNCIL MEETING ADJOURNED AT 8:58 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor r � UfY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 TO: FROM: SUBJECT: DATE: WILLIAM W. BURNS, CITY MANAGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG ELLESTAD, ACCOUNTANT RESOLUTION CERTIFYING THE FINAL TAX LEVY FOR 2000 TO THE COUNTY OF ANOKA DECEMBER 7, 1999 The attached resolution provides for the final certification of the 2000 tax levy to Anoka County for collection. Please present the resolution to Council on December 13, 1999 for their approval. Note that per the "Truth in Taxafion ChecklisY', this final property tax levy must be adopted prior to adopting the final budget. RDP/ce Attachment 1 � RESOLIJTION NO. -1999 A RESOLUTION CERTIFYING THE FINAL TAX LEVY REQUIREMENTS FOR 2000 TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxarion pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275, Section 07 requires the City to certify its tax levy requirements to the County Auditor; NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following tax levy to be levied in 1999 for the year 2000. GENERAL FUND General Fund CAPITAL PROJECT FUND $ 3,947,882 Capital Improvement Fund - Parks Division �2�6gg AGENCY FUND Six Ciries Watershed Management Organization 6 200 , Stonybrook Creek Sub-Watershed District TOTAL ALL FUNDS 8,900 $ 4,035,671 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 2 NANCY J. JORGENSON - MAYOR � / � CITY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 WII..LIAM W. BURNS, CITY MANAGER �i° � RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG ELLESTAD, ACCOUNTANT SUBJECT: RESOLUTION ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2000 DATE: DECEMBER 7,1999 As required by Section 7.05 of the City Charter, the attached Budget Resolution provides for the adoption of the 2000 City of Fridley Budget. Please present the resolution to Council on December 13, 1999 for their approval after they have approved the final property tax levy. RDP/ce Attachment � RESOLUTION NO. -1999 A RESOLUTION ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2000 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annuai budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the pu�ose of discussing the budget; and WHEREAS, Chapte� 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 THEREFORE� BE IT RESOLVED that the following budget be adopted and approved: GENERAL FUND Taxes and Special Assessments: Current Ad Valorem Deliquent� Penalties, Forfeited Special Assessments Licenses and Permits Licenses Permits Intergovemmental: Federal State- Local Govemment Aid Homestead and Agricultu�e Credit Aid All Other Charges for Services: General Govemment Public Safety � Conservation of Health Recreatlon Flnes and Forfeits Interest on InvesUnents Miscellaneous Revenues Other Financing Sources: Sales of Generai Fixed Assets Liquor Fund Closed Debt Service Fund TOTAL REVENUES AND OTHER FINANCIN(3 SOURCES Fund Balance: General Fund Resenre TOTAL GENERAL'FUND ESTIMATED RFVFNI IF $ 3,825,521 59,000 4,000 174,700 544,200 5,000 1,738,876 1,068,907 528,800 1,538,260 122,775 200 222,800 185,000 435,000 145,350 20,000 200,000 232,900 11,051,289 473,365 $11,524,654 L�] Legislative: City Council Planning Commissions Other Commissions City Management: Generat Management Personnel Legal Finance: Elections Accounting Assessing MIS City Clerk/Records Police: � Police Civii Defense Fire: Fire Rental Inspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Recreation: Recreation Naturalist Community Development Building Inspection Planning Reserve: Emergency NondepartmentaL• APPROPRIATIONS $115,952 1,760 5,130 275,814 134,153 296,260 30,190 610,808 142,149 237,528 136,481 3,477,888 12,635 834,481 96,396 220,505 486,063 203,600 903,422 1,317,533 798,739 260,211 284,414 487,252 100,000 55,290 $ 11,524,654 �rn�w� oEyE(�LIE FtiNDS Cable TV Fund Grant Management Fund Solid Waste Abatement Fund � Housing Revitialization Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS nwerre� oQ[]_IF[`�`, FUND Capltal Improvement Fund Taxes-Current Ad Valorem HACA Interest on Investments Park Fees � Fund Balance TOTAL CAPRAL PROJECTS FUND $147,500 203,810 270,000 250,000 44•854 $ 916,164 $ 70,550 15,000 417,225 30,000 1 OOy 8.425 $1,541,200 $153,715 211,905 300,544 250,000 $ 916,164 General Capital Improvement $ 256.500 Streets Capital Improvement 980,000 Pa�CS Capital Improvement 304�700 $1,541,200 ec�FNC�Y FUND Six Ci�es Watershed Fund Six Cities Watershed 6�200 Taxes-Current Ad Valorem 6,200 - TOTAL AGENCY FUND $ 6,200 $ 6,200 TOTAL ALL FUNDS $13,988.218 $13,988.218 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER 1999. ATfEST: DEBRA A. SKOGEN - CITY CLERK 5 NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 CALL TO ORDER: Chairperson Savage called the November 17, 1999, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Brad Sielaff, Leroy Oquist, Dean Saba Members Absent: Connie Modig, Larry Kuechle. Others Present: Barbara Dacy, Community Development Director Paul Bolin, Planner Doyle D. Mullin, Springbrook Nature Center Director Siah St. Clair, Springbrook Nature Center DNR Director Mr. and Mrs. R.L. Gordier Gary Wellner, 5361 6�' Street N.E. James Driessen, 7000 Central Avenue, Medtronic Annette Mitchell, 1225 Regis Lane Malcolm Mitchell, 1225 Regis Lane APPROVAL OF THE NOVEMBER 3 1999 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve the November 3, 1999 Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A VACATION SAV #99-07 BY MEDTRONIC INC. TO VACATE DRAINAGE AND UTILITY EASEMENTS TO CLEAR THE TITLE OF LAND FOR REPLATTING GENERALLY LOCATED IN THE VICINITY ALONG CARRIE LANE AND THE NORTHEAST CORNER OF THE MEDTRONIC CAMPUS• MOTION by Mr. Kondrick, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:35 P.M. � PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 2 Ms. Dacy, Community Development Director, stated that the original Carrie Lane right- of -way was vacated by the City Council in May 1999. One of the stipulations of the approval was the relocation of Carrie Lane to connect Quincy and Jackson Streets. During that process, Medtronic simultaneously closed on the seven homes to effectuate the relocation of Carrie Lane. After the City conveyed the property for Phase 1 to Medtronic, it was brought to the City's attention by the title company that there were several old easements along those lot lines of the seven homes that were acquired. Ms. Dacy stated the purpose of this vacation request is to vacate the drainage and utility easements. There are three easement locations across Block 5 and Block 6, and there is the sanitary sewer easement that is proposed to be vacated. The sewer easement is in the northeast corner of the site at the Highway 65 intersection that is proposed to be vacated as well. Ms. Dacy stated that this application vacates the old easement, and new easements are to be recorded on the plat that would match and overlay the utility construction. Staff is recommending approval to the City Council subject to the following stipulations: 1. Medtronic shall dedicate a 20-foot easement in a north/south alignment across Outlet C between Quincy Street and Medtronic Parkway and Jackson Street and Medtronic Parkway. 2. Medtronic shall dedicate an easement in the northeast part of the site over the newly created utility lines. Mr. James Driessen, of Medtronic, stated that Ms. Dacy's presentation was very straightforward. He stated that there are no problems with the two stipulations. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:41 P.M. MOTION by Mr. Oquist, seconded by Mr. Saba, to approve vacation, SAV #99-07, with the following stipulations: 1. Medtronic shall dedicate a 20-foot easement in a north/south alignment across Outlet C befinreen Quincy Street and Medtronic Parkway and Jackson Street and Medtronic Parkway. 2. Medtronic shall dedicate an easement in the northeast part of the site over the newly created utility lines. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this request will go to the City Council on December 13, 1999. 7 PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 3 2. PUBLIC HEARING: CONSIDERATION OF A LOT SPLIT LS #99-04 BY GARY WELLNER TO DIVIDE THE PROPERTY IN HALF LEAVING ONE BUILDING SITE PER BUILDING GENERALLY LOCATED AT 5361 6" STREET N.E.: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:42 P.M. Mr. Bolin, Planner, stated that Gary Wellner, the petitioner, is seeking a lot split to divide the property that currently contains finro duplex buildings into two separate parcels with each parcel containing its own duplex unit. The Appeals Commission recommended approval of a variance to correct an existing nonconformity concerning the side yard setback. The petitioner would like to split the lot down the middle with each lot being 80 feet across. The property is zoned R-2, as are all of the surrounding properties to the north and west and south. There is R-1 behind this property. City Code does require a minimum lot size of 10,000 square feet. Both of these lots, once split, would be over 10,800 square feet. The existing nonconforming side yard setback is on Parcel 2. The side yard does require a ten foot setback for living area, and the petitioner currently has slightly under eight feet. Staff recommends approval of this lot split request with one stipulation: 1. The approval of the lot split is dependent upon approval of the side yard variance _ request (VAR #99-30). Mr. Bolin stated that both items will go to the City Council on December 13. Both lots will have 80 feet of frontage and the lot depths are 135 feet. Both duplexes will meet all setback requirements. Mr. Oquist asked for further clarification on the variance request. Mr. Bolin stated that it was to reduce the side yard setback. The legal distance is from 10 feet down to 8 feet. The variance is needed only on one side. Mr. Gary Wellner stated that he does not have any problem with the stipulation. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:49 P.M. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve the Lot Split, #99-04 with the following stipulation: 1. The approval of the lot split is dependent upon approval of the side yard variance request (VAR #99-30). : PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE OCTOBER 14 1999, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the October 14, 1999, Housing and Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE OCTOBER 19 1999 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the October 19, 1999, Environmental Quality and Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE OCTOBER 4, _1999. PARKS AND RECREATION COMMISSION MEETING: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the October 4, 1999, Parks and Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE OCTOBER 13 1999, APPEALS COMMISSION MEETING: MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the minutes of the October 13, 1999, Appeals Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 7. NATURE CENTER DISCUSSION: Mr. Doyle D. Mullin, President of the Springbrook Nature Center Foundation Board of Directors, stated that he would like to acknowledge Siah St. Clair and Missy Daniels for their hard work in preparing the Nature Center information. Siah St. Clair and Missy Daniels are City staff who are also both on the Springbrook Nature Center Foundation. 0 PLANNING CO1�L'�IISSION MEETiNG, NOVEMBER 17, 1999 PAGE 5 Mr. Muilin stated that this presentation would be about the Nature Center and, more specifically, about a project undertaken some months ago to develop a master plan for the area surrounding the building and the entrance to the Nature Center. They are currently calling this work Project #2025 and the motto is "Timeless Nature Working". The project is listed as one of the year's 2000 goals for the Recreation and Natural Resources Center. The Nature Center has been in operation for fully half of the City of Fridley's 50 years. Mr. Mullin stated that he has spent countless hours talking with Siah St. Clair about the innovative programming he has done and the impact on his staff and participants in those programs. Mr. St. Clair has talked about the respect that other naturalists and center directors have for this facility, and he believes that it is important that everybody understands and appreciates what a gem the City has in the Springbrook Nature Center. Mr. Mullin stated that Springbrook Nature Center is an amenity which brings honor and recognition to Fridley. Every citizen should be very proud of it. For example, three years ago in the reader survey, Springbrook Nature Center was voted the favorite park in the State by readers in the Minnesota Parent magazine. Two years ago, Springbrook Nature Center was listed as one of the 13 hot spots for watching wildlife in the Twin Cities and was featured on the cover of the DNR's magazine. The Star Tribune wrote that Springbrook Nature Center was listed as one of the must-see places to take friends and relatives in the Twin Cities. In an article on Real Estate in the Minnesota St. Paul magazine, Springbrook Nature Center was listed as the primary reason to purchase a home in Fridley. Recently, a Springbrook Youth Worker and the Springbrook Youth Supervisor in 1998 received the Governor's award for Outstanding Youth Supervisor of the Year. Mr. Mullin stated that Springbrook Nature Center does have a very high community usage and approval. In the City of Fridley, nine percent (9%) of the people that responded to a survey responded that they went to the Springbrook Nature Center in the last year. The average use per person was once a month. Eighty-three percent (83%) of the residents stated that they approved of the continuous use of the Nature Center. In the vision meetings that were part of the Comprehensive Plan process, participants named Springbrook Nature Center as their favorite place to visit in the City more than any other place. Usage is now approaching 200,000 visitations per year. Attendance to the City-wide fall and spring festivals is so large, it gets to be nearly . unmanageable with the current facilities and staff. The Halloween celebration this year hosted over 1,500 people. Mr. Mullin stated that the Nature Center is being used to meet the health, wellness, spiritual, and psychological needs of individuals and groups within the community. This is something they had not anticipated and they are only recently becoming aware of it. For example, there is a wellness walk program with the Cardiovascular Unit at Mercy Hospital. They are working on a visualization program with the Cancer Unit at Unity Hospital for patients and their families. Churches hold services at the park. Recently, Rotary International held a meeting there simply to be in a natural environment. 10 PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 6 Employees from nearby businesses use the park for walking and recreation and stress reduction. Mr. Mullin stated that several months ago, they gave a party for Siah St. Clair celebrating his 20 years of programming at Springbrook. During the party, they heard many stories about the impact of the Nature Center psychologically and spiritually. Young people who were part of the volunteer program reported how the time they spent there kept them out of trouble and how it guided many of them into careers relating to a natural environment. A report by the Dallas Police Department stated that every $1.00 spent on youth recreation programs saved them $3.00 spent on Police personnel dealing with problem children. The volunteer program had a similar effect in Fridley. Recently they learned that the Coon Rapids Medical Center sponsors an annual walk in Springbrook for people who have suffered a fetal loss to heal that tragic experience. The Minnesota Cochlea Implant Club has recently asked to conduct a walk for its members to identify and discuss sounds they have never before heard. Mr. Mullin stated that the Nature Center should be all it can be to meet the needs and demands being placed on it. The City Manager observed that he would like to see more done to the Nature Center to bring recognition to Fridley. More requests are being made by the citizens to have memorial services and weddings in the park. When their requests are rejected, they go ahead anyway. These requests are rejected only because of lack of staff at the facility. The success of social events since the Wine Usage permit has demonstrated its value for that type of community celebration. Requests are being made by local organizations for a conference center for day meetings in the pleasant natural surroundings of the Nature Center. Mr. Mullin stated that the reduction of the natural environment around the Nature Center is causing the increasing numbers of visitations. The recognition of non-native species of plants are invading the Nature Center and threatening, in time, to destroy all of the native species. Currently, they are part of a$250,000 program to eradicate certain non- native plants. This is a recognition of how serious specialists in this field of study believe this problem could be. The recognition of water draining from upstream communities is causing massive destruction of water plants, siltation, and destruction of nesting patterns of the birds in the park. They are currently part of a study to determine the extent and the consequences of this water flow problem. Corrective action will surely be needed in the future. Mr. Mullin stated a committee has been formed to deal with these issues. They invited City Council members, Parks and Recreation Commission, Planning Commission, Foundation members, City employees, and residents of the larger community who might have an interest. Twenty people attended the first meeting. These included City employees, marketing people, health care managers, fitness experts, master gardeners, graduate students in landscape architecture, architects, business people, etc. The only boundary set for the meeting was that they consider the seven acres surrounding the entrance and the history center in dealing with their issues. Their intention is to make the entrance area attractive for these uses, thus reducing the use of the parks interior, reserving it for wildlife and the observation of wildlife. The first effort was to review and rewrite the vision statement for the entrance project. The vision statement is as follows: 11 PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 7 "To be an inviting passage into and out of timeless nature. Of sharing a perfect place for people, a place of celebrations of life, a retreat to nurture self, a living statement of the power of nature to nurture the human spirit, a place to reflect on the integrity of nature and the natural processes, and a place to learn about nature and the natural processes." Mr. Mullin stated that they rewrote the mission statement as follows: "The mission of the Springbrook Nature Center is to preserve the integrity of, and enable access to the natural resource base, in order to; (1) provide opportunities for the community to enjoy Springbrook Nature Center and to learn about broad environmental concepts and values,( 2) provide opportunities for nurturing the human spirit." Mr. Mullin stated this mission will be accomplished by fulfilling their objectives and design specifications for the project that professionals could use as a basis for an abstract design. They did this by systematically considering each of the vision statements and asking a few questions. The ideas were then synthesized into eight general principals and 20 specific principals. Mr. Mullin stated that the current goals include: 1. Developing a plan to the point where the concept is clear, the phases are identified, and the rough spots are eliminated 2. Identifying the sources of revenue for the plan 3. Identifying the relationships with all other programs which currently are affecting the Nature Center or will in the near future, and communicating this information to City government, potential funding sources, and the public. Mr. Mullin stated they have now divided into subcommittees to accomplish the goals. One is the Design Committee to carry out the design. Some of this work has been done by the graduate students that were on the committee as part of their graduate project to meet their graduate requirements. The timing was premature and some of the work was less penetrating. The Design Committee strongly endorses the bulk of their work, which included an inventory of the Nature Center's ecosystems and a master plan for the restoration and management. The second part of their work included some specific design ideas for the entry area. They suggested a well-defined portal through which the public would pass creating a definite sense of having entered a special place, developing the parking area to strengthen that sense and instill a sense of invitation. Mr. Mullin stated that upon arrival to the building, there would be a station for groups that are disembarking their vehicles prior to entering the grounds. Plans for the grounds include an area between the parking lot and the building to draw the visitors in while being sufficiently open to create the sense and the reality of being secure. A series of rings of various size and designs are used to facilitate the needs of groups as small as one or two people, and as large as 60 people for ceremonies and other needs to gather. A building expansion which would be independent of the foundation of the current structure would wrap around it with the spaces connected to accommodate the needs expressed by organization in the area for day conferences. 12 PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 8 Mr. Mullin stated that the second committee is the Communication Committee. They have to tell the story of what they are doing, and to identify sources of funds and secure those funds. Mr. Mullin stated they would welcome help and guidance in making this plan for the seven acre entrance area, and the Nature Center comprehensive plan, part of the Fridley Comprehensive Plan. The work is being done under the direction and cooperation with City staff. They will present the plan to the Planning Commission when it is finished and will be pleased to keep everyone informed on an interim basis if requested. Siah St. Clair is also available at the Nature Center to discuss any ideas of how to help meet the needs of Fridley residents. Ms. Savage asked if the land that was mentioned for the additions was land that was already owned by the Nature Center. Mr. Mullin stated that is correct. It is not really additions, it is development of the existing land and would likely change in a positive area the area which composes the parking lot and the building, and space around the building. They hope to make it more attractive and friendly to the people without impacting anything that goes beyond that space. Mr. Mullin stated that the work that the graduate students did included the whole Nature Center and is quite extensive and detailed. It does highlight the fact that the park - cannot be left to just stand out there, because it is being destroyed. It mentions things such as the absence of cattails which are a very important part of the ecosystem. Ms. Savage stated that the purpose of the Nature Center committee was informational only. The Planning Commission and City of Fridley would not take action on any issues until the plan is actually submitted. Ms. Dacy stated that tonight's meeting is informational only at this time. In the future, it is up to the Planning Commission and the City Council to decide how detailed the comprehensive plan should be. The study and analysis and findings could be submitted as an appendix that could be formerly adopted. The text could refer to a study and a date, or there could be general policies and goals or strategies. In general, the Nature Center is a favorite place and the plan will try to achieve connection into the favorite places. Mr. Sielaff asked if there would be a commercial component and have meeting rooms available and if there are revenue-generating options. Mr. Mullin stated that Mr. St. Clair's mission is to bring in a certain amount of revenue each year. When you are working with a facility that is designed to be free, it is difficult to extract revenue from its operation. By embracing the community and the needs that they have, and designing a facility with that in mind, they have the idea that they definitely would be charged for its use. That would increase the revenue for Mr. St. Clair's department. There may be a charge for the use of the facility. It would not be their intention that this would be free for the City, but rather that the City, and the 13 PLAIVNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 9 community-at-large, would help bear the cost while they try to identify where the various sources of revenue would come in. They would like to be brought into the budgeting process. Mr. Oquist asked Mr. Mullin if they are thinking of renting the community rooms to local businesses for their requests. Mr. Mullin stated that they are thinking of doing that. Mr. Oquist asked Mr. Mullin if he has had any input from the northern communities that have the drainage into the Nature Center. Mr. Mullin stated that that is part of the watershed district. Mr. St. Clair has been working with the City engineers of various communities upstream. They are currentfy part of a water quality study to establish the parameters which make up the water problem. Once the parameter is established for the extent of degradation and how to define how it would be restored, somebody will have to deal with this problem. The City Manager has directed them to take those problems into account as they develop their project. Mr. Sielaff asked if the water quality portion would be part of the Comprehensive Plan for Fridley. Mr. St. Clair stated that it would be part of the Comprehensive Plan. One of the positive things that resulted from the meetings is the master plan that the graduate students put together. As they look at redoing the entrance area, they looking at the next 25 years to ensure how the Nature Center can serve the public in the best way. Part of that is doing the watershed project. They are working with the neighboring communities to improve the water quality because it is impossible for the Nature Center to do it alone. Mr. Sielaff stated that it should be the neighboring communities' comprehensive plan also. Mr. Kondrick stated that since so many people use the Nature Center, it is important to find ways to protect what they have. Mr. Oquist stated that part of the communication that the committee could look at is that it is not only Fridley residents but also neighboring communities that have responsibilities for the Nature Center as well. Mr. St. Clair stated that it would be really helpful to have City government involved in that process. There is no doubt about the fact that the neighboring cities use the Nature Center extensively. In a sense of fairness, their participation would be important. Mr. Sielaff asked Ms. Dacy if the Planning Commission could make a recommendation to include this in part of the Comprehensive Plan. 14 PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 10 Ms. Dacy stated that option is in the future. There is more work to be completed, and when it is appropriate, it could be presented to the Planning Commission for a recommendation. The Park & Recreation Commission may want to evaluate it as well. Mr. Mullin stated their efforts to communicate to the larger community and potential funding sources will be enhanced by official support from people such as the Planning Commission. Mr. Saba stated that the Planning Commission owes it to the community-at-large to keep it as part of the general concept of the Comprehensive Plan. They need to enhance the green spaces. This is also part of improving the park system. The Nature Center is a gem that should be protected and enhanced to ensure that 25 years from now our children and grandchildren can have the same enjoyment that they have had. Mr. Oquist stated that he feels staff could keep the pages open as they go through the Comprehensive Plan for the Nature Center plan. Ms. Dacy stated that, in general, the concepts talked about tonight will be in the Comprehensive Plan. There are many aspects of the Nature Center study that deserve to be separate (possibly as an appendix), rather than incorporated into the plan text itself. Staff will keep the Planning Commission updated regarding the Committee's progress and then possibly look at an appendix approach. Mr. Oquist stated that that is a good idea to keep it as an appendix so they do not lose some of the plan. Ms. Dacy stated that some of the design presented for the Nature Center could be something they could replicate in redevelopment projects. Mr. Sielaff stated he agrees that there is more work to be done. He just wants to make sure that there is a place for this in the Comprehensive Plan. Mr. Mullin stated that they are working with Mr. Kirk of the Parks and Recreation Department and the City Manager, Mr. Burns, to ensure that it will be incorporated into that process. Missy Daniels, Code Enforcement Officer, is also working on it. Mr. Oquist stated that is also part of the Planning Commission's responsibility to ensure that it is part of the Comprehensive Plan. Ms. Savage stated that the Planning Commission is very favorably inclined toward the project. Mr. Mullin stated that he greatly appreciates that. Ms. Savage stated that hopefully the people watching on television would be in support of the plan. She wanted to encourage anyone to contact Springbrook Nature Center or the City with any comments they have. 15 PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 11 Mr. Mullin stated that they do feel there is a powerful story to tell about the Nature Center. It is difficult to tell, and they are going to try to change that and increase awareness of the tremendous asset of the Nature Center. Ms. Savage stated that all of the members of the Planning Commission recognize that fact and it is mentioned by many Fridley residents as being a very important part of Fridley. Mr. Mullin thanked the Planning Commission for their time and support. Ms. Savage thanked Mr. Mullin for the presentation. 8. NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY (NCDA� PRESENTATION BY TIM YANTOS• Ms. Dacy stated that Mr. Yantos was going to present an overview of the commuter rail project being proposed along the existing rail lines through Fridley. Mr. Yantos stated that he works for Anoka County and is also Director of the NCDA. Mr. Yantos stated that the Northstar Corridor runs from the City of St. Cloud through Anoka County through Minneapolis. It is a major transportation corridor for people and goods through Highway 10 and through Highway 47 through the City of Fridley, - Columbia Heights to downtown Minneapolis. It does include the Burlington Northern/ Santa Fe Railroad. Mr. Yantos stated that the Corridor is the fastest growing corridor in the State of Minnesota and one of the fastest growing in the entire country. MnDOT looked at sixteen different commuter rail corridors and ranked this number one. It includes both the urban areas of St. Cloud and Minneapolis suburban and rural areas in between. It ranks the economic and educational centers of the University of Minnesota and the various Universities in St. Cloud. Metropolitan Council and the St. Cloud area Planning organization and their metro transit approve of this development. Mr. Yantos stated the NCDA has one goal: to meet the future transportation needs of this corridor. In the metro area over the next 20 years, population will increase to another 650,000 people. Sherburne County will grow 72%; St. Cloud, fifty-percent 50%; Becker County, 402%; Elk River, 232%. Most of the increase in road traffic will come down Highway 10 and Highway 47, because there are no plan improvements in MnDOT's improvement program for the next 20 years. All the existing roads will continue to exist, and all of the traffic from the new population growth will continue to use these same roads. Mr. Yantos stated that they are looking at transportation alternatives and how to improve them in major investment studies. Mr. Yantos stated that commuter rail is different than light rail because it uses existing tracks and would use the existing Burlington Northern/Santa Fe Railroad tracks. The 16 PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 12 length is longer than light rail, usually 30 miles in length, but this plan would be a total of 80 miles. The stations are about five miles apart where the light rail is usually less than one. It moves people to work and other activities primarily in the morning and evening. There may be some midday service where the light rail continues to go all day long. The trains used for commuter rail would be diesel powered. The vehicles are double- deckers and would hold about 160 people per vehicle. A train would range befinreen three and four vehicles. They are looking at different station sites to use. The service they are looking at right now would be 18 trains per day, 80 miles long, nine trains in the morning and nine trains in the evening. They plan to open up in late 2003. Mr. Yantos stated that the stations being proposed includes one in the City of Fridley on 61 St Street. This is the largest of ridership stations with over 2,000 riders per day planned. They do plan to connect to the Hiawatha Corridor which is the light rail. That connection would happen behind the Target Center. People would be able to move from the City of Fridley to the airport, from the University of Minnesota to St. Cloud, from Elk River to the Mall of America. People will be able to move very quickly with the linkage from commuter rail to light rail. Mr. Yantos stated the station is by the existing rail tracks. The commuter rail would come in and you would be able to walk across the platForm and take the light rail. The bus distribution center would also pick up riders at the station. The ridership projected for opening is about 2,000,000 trips per year, 8,000 trips per day. Estimated capital cost in 2003 numbers is $223,000,000. The operating cost is $8,500,000. Mr. Yantos stated they did a survey recently explaining what the commuter rail was and asked people if they thought it was a good idea. It was surprising that 73% stated that it was a good idea. Most asked how soon they could ride it. They also have a good sense that a commuter rail line would be for commuters working in downtown Minneapolis, or people who are living downtown and working in the suburbs. People stated in the survey that they would use it for various reasons other than only for commuting. Mr. Yantos stated the Burlington Northern/Santa Fe is a willing partner, and they are negotiating with them. They are going to want to have some improvements to the rail line, but the difference in cost with commuter rail which is $223,000,000 and light rail which is $548,000,000 is that the Burlington Northern/Santa Fe has already spent millions of dollars on the infrastructure. The rails are in place and you can run 80 miles per hour on it. Mr. Yantos stated they have not selected business information yet, but Medtronic wrote a letter to the Govemor and to the Chair of the NCDA stating that one of the reasons why they located their headquarters in Fridley is because of the potential for commuter rail. Many people who live in the southern communities would like to get on the light rail and then transfer to the commuter rail. Their vans would pick them up at the station and then bring them to Medtronic. 17 PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 13 Mr. Yantos stated Senator Grams is a tremendous supporter in the Senate getting the necessary funding. Congressman Oberstar and Martin Sabo are in the top position in the transportation committees and also support this. Mr. Yantos stated that into the end of 1999, they are completing their major investment study and are well into their environmental impact. They plan to go in early January to the Federal Transit Administration to ask them permission to go into preliminary engineering. They are able to move along so quickly because there is little construction compared to light rail. They need to build stations and buy vehicles and upgrade the tracks. They do plan to start construction on a few stations next summer. Mr. Yantos asked the Planning Commission if they had any questions. Mr. Kondrick asked where the station was located in Fridley. M�. Yantos stated that it would be located at 61St Street right after East River Road adjacent to the Burlington Northern/Santa Fe tracks. Mr. Oquist stated it is a great plan, but he is a little surprised that the commuter rail is not being constructed around I-94 through Monticello to St. Cloud because that seems to be where the real population growth is. Mr. Yantos stated they have looked at that issue, but the railroad tracks are in this area. - The projections for growth are immense in the proposed area and they are trying to make the infrastructure available to as wide an area they can, including the I-94 area. Mr. Saba asked what kind of fee structure they would have for cost. Mr. Yantos stated they are talking about a seamless system. Weekly or monthly passes could be used on the light rail and bus service also. The cost has not been decided yet. The cost is being looked at per ride. From Elk River, it is $4 in, from Fridley possibly $1.75 or $1.50. He woufd have to take a good look at it to see exactly what it is. Mr. Saba asked Mr. Yantos if the fee structure can support its annual cost. Mr. Yantos stated it would not support its annual cost similar to all of the transportation features across the country. There would be about a 40% return, which is good for a transportation system. Mr. Sielaff asked if there would be four vehicles going at a time. Mr. Yantos stated that there would be three and four car trains depending on the time. Each car holds 150-160 people. Ms. Savage asked if these trains would be brand new and what other cities are using commuter rail. : PLANNING COMMISSION MEETING, NOVEMBER 17, 1999 PAGE 14 Mr. Yantos stated that they would be new. Chicago, Dallas, Seattle, and many of the eastern cities have commuter rail. Mr. Oquist asked if this would tie in with light rail so they would come in at the same time. Mr. Yantos stated they are tied in together so people would take the light rail directly from the commuter rail. All of the stations would provide parking space. Mr. Sielaff asked if the funding is tied to the funding of light rail. Mr. Yantos stated that it is separate and if light rail does not go ahead, this will still go. Mr. Sielaff asked if the funding was all secured for this. Mr. Yantos stated that it was not. They have about $20,000,000 so far. This would go for planning and station construction next year. The rest of the funding would be secured from the three congressional people mentioned earlier and from their own state people. Ms. Savage asked if Senator Wellstone supported this. Mr. Yantos stated that Senator Wellstone is a big supporter but is not on the transportation committees for funding approval. Mr. Sielaff asked if the commuter rail would start out with nine cars. Mr. Yantos stated that nine trains would start at first, then more additions of cars and perhaps more trains. Mr. Kondrick asked how they would work the logistics of all of the freight trains. Mr. Yantos stated that there are befinreen 40 and 60 trains per day. Burlington Northern/Santa Fe operates other systems like this in other cities. It is a matter of scheduling. Burlington Northern/Santa Fe will be the operator and dispatcher of the system throughout the country. Mr. Oquist stated that now they will have to try to get Minnesota drivers to use the type of transit versus using their own cars. Mr. Saba asked if there would be some type of carrier on the system for bikes. Mr. Yantos stated that there would be and would also be handicapped accessible. Ms. Dacy stated that as part of the environmental analysis and as part of their investment study, the NCDA is asking all cities that have a station area to evaluate the station area to review a potential site plan. They are currently working on a potential site plan for Fridley and once reviewed there would be some type of information 19 PLANNING COMMISSION MEETiNG, NOVEMBER 17, 1999 PAGE 15 meeting for the neighborhood around it. Right after the new year, everyone will be seeing more of this plan to get the approvals in place. Mr. Kondrick asked if there was a way to cut down on the noise and possibly use rubber wheels. Mr. Yantos stated that there are not going to use rubber wheels, but the new trains have absorption in the wheels to cut the noise down. The Planning Commission thanked Mr. Yantos for the presentation. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED MOTION CARRIED AND MEETING OF THE PLANNING COMMISSION ADJOURNED AT 9:00 P.M. RespectFully submitted, � �1c�4-c Sig e L. Jo son � Recording Secretary 2� CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 1, 1999 CALL TO ORDER: Chairperson Savage called the December 1, 1999, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Brad Sielaff, Leroy Oquist, Dean Saba, Connie Modig Members Absent: Larry Kuechle. Others Present: Paul Bolin, Planner David Landes, 5928 Woody Lane APPROVAL OF THE NOVEMBER 17 1999 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the November 17, 1999, � Planning Commission meeting minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A LOT SPLIT L.S. #99-05 BY DAVID AND SHARON LANDES AND EDWARD MILLER TO SPLIT OFF A PORTION OF THE PROPERTY TO GAIN ACCESS TO AN EXISTING DRIVEWAY GENERALLY LOCATED AT 5928 WOODY LANE: MOTION by Mr. Kondrick, seconded by Ms. Modig, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:35 P.M. Mr. Bolin stated that Dave and Sharon Landes and Edward Miller are the property owners involved with this application. Dave and Sharon Landes are the petitioners. They are seeking to purchase a portion of the lot owned by Mr. Miller. Mr. Bolin stated that the Landes are requesting to purchase this portion of the lot to properly reconstruct a retaining wall that runs along the edge of the driveway. This lot split would allow the petitioners to terrace their existing retaining wall. The property to be purchased would be about 550 square feet. The Landes' property is zoned R-1, as are all of the surrounding properties. The Landes' lot was platted in 1963. The home was built in 1974, and they built an addition in 1978. Both of the lots would still meet all 21 PLANNING COMMISSION MEETING, DECEMBER 1, 1999 PAGE 2 of the code requirements for size and setbacks if the lot split were granted. The Landes' would be able to make a more gradual slope from the edge of the driveway, do some terracing, and improve erosion problems with adding this portion of property. Mr. Bolin stated that staff recommends approval of this request. Future erosion of the hillside would be prevented. If approved, this item would go to the City Council on December 13. One neighbor called asking for clarification. After hearing the explanation, the neighbor was in favor of this request. Ms. Modig asked Mr. Bolin if the 550 feet takes in the whole length of the house where the garage is. Mr. Bolin stated that it would approximately end at the front edge of the garage. Mr. Dave Landes, 5928 Woody Lane, stated the main reason for the fence is the July storm that happened a few years ago, the storm drains were unable to carry all of the water. The water washed out both sides of the driveway. Since then, there has been an additional storm drain put in there, which has solved most of the problem. They thought that if they could terrace the landscaping down, it would do a better job of finishing it off, without the big drop-off. Ms. Savage asked Mr. Landes if he heard any opposition from the neighbors. Mr. Landes stated that they have not heard any, and this does not really impact anybody. Ms. Savage asked Mr. Landes if his agreement was firm with Mr. Miller. Mr. Landes stated that it was. They had actually tried to purchase part of the lot awhile ago, and that may be why the neighbor called for clarification. They wanted the division more in line with the lot line. Mr. Oquist asked Mr. Landes about the utility pole in the property and how it would interfere with any landscaping plans. Mr. Landes stated that it would not. Ms. Modig asked if the retaining wall that goes back by the garage buckles or not. Mr. Landes stated that the wall is the original wall, and they will tear the whole thing out and start over with keystone or poured concrete. MOTION by Mr. Oquist, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:46 P.M. MOTION by Mr. Sielaff, seconded by Ms. Modig, to approve the Lot Split, L.S. #99-05. ZZ PLANNING COMMISSION MEETING, DECEMBER 1, 1999 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage stated that this would go to the City Council on December 13, 1999. 2. RECEIVE THE MINUTES OF THE NOVEMBER 10 1999. APPEALS COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Mr. Saba, to approve the minutes of the November 10, 1999, Appeals Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Bolin stated that at the December 15, 1999, Planning Commission meeting, Barbara Dacy and Mark Koegler, Hoisington-Koegler Group, consultant for the Comprehensive Land Use Plan, will hold the first official public hearing for the Comprehensive Land Use Plan. They will have the Transportation and the Parks and Open Space chapters for review at that time. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED MOTION CARRIED AND MEETING OF THE PLANNING COMMISSION ADJOURNED AT 7:56 P.M. Respectfully submitted, / � � �Sig L. John � Recording Secretary 23 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 13, 1999 CfTY OF FRIDLEY Date: 12/6/99 � To: William Bums, City Manager�,�l From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission acti on on LS #99-04 M-99-291 INTRODUCTION Gary Wellner is seeking lot split to divide a property with (2) 2 unit buildings, into finro separate parcels, each containing a duplex (2 units) on his property located at 5361 6th Street. Petitioner is also seeking a variance to correct an existing non-conformity (side yard setback). If variance VAR #99-30 is granted for side yard setback reduction, both lots will meet City zoning codes. PLANNING COMMISSION ACTION At the November 17, 1999, Planning Commission meeting, a public hearing was held for LS #99-04. A motion was made to approve Lot Split, LS #99-04, to allow the property located at 5361 6th Street to be split. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and approve the resolution authorizing Lot Split, LS #99-04. 24 RESOLUTION NO. _ _ A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, LS #99-04, TO CREATE TWO DUPLEX (TWO FAMILY) PARCELS, GENERALLY LOCATED AT 5361 6th STREET WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #99-04, on November 17, 1999, and recommended approval; and WHEREAS, the City Council at the December 13, 1999, meeting approved the Lot Split request; and WHEREAS, such approval was to create two residential duplex (finrofamily) lots, based on new legal descriptions which read as follows: Proposed New Parcel 1: Lots 27 and 28 and the west half of the adjoining vacated alley, Block 16, Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County, Minnesota. Proposed New Parcel 2: Lots 25 and 26 and the west half of the adjoining vacated alley, Block 16, Hamilton's Addition to Mechanicsville, according to the plat thereof on record at Anoka County, Minnesota.. WHEREAS, by Council approving this lot split and variance request VAR #99-30, the Council recognizes that 7.99' is the required sideyard setback for the existing building on proposed Parcel 2; and WHEREAS, the City has received the required Certificate of Survey from the owners. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley directs the petitioner to record this Lot Split at Anoka County within six (6) months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEYTHIS 13T" DAY OF DECEMBER 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 25 City of Fridley Land Use Application LS-99-04 November 17, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Gary Wellner 8457 Riverview Lane N. Brooklyn Park, MN 55444 Requested Action: Lot split Purpose: To split the property in half, leaving one duplex per lot. Facisting Zoning: Residential - 2 Location: 5361 6th Street Size: 10,800 sq. ft. .25 acres Existing Land Use: Two Family Home Surrounding Land Use & Zoning: N: Two Family & R-2 E: Single Family & R-1 S: Single Family & R-2 W: Two Family & R-2 Comprehensive Plan Confoimance: Consistent with Plan Zoning Ordinance Conforn�ance: With a variance for side yard setback reduction, both lots will meet City zoning codes. Zoning History: Lot platted in 1886. Duplex built in 1960. Legal Description of Property: Lots 25& 26, Block 16, Hamilton's Addition to Mechanicsville. Council Action: December 13, 1999 26 Public Utilities: Duplex is connected Transportation: Duplex is accessed via 6th Street. Physical Characteristics: Lot is covered by grass, pazking area, and duplex. SUMMARY OF PROJECT Petitioner is seeking lot split to divide a property with (2) 2 unit buildings, into two separate parcels, each containing a duplex (2 units) . Petitioner is also seeking a variance to correct an existing non- confornuty (side yard setback). SUMMARY OF ANALYSIS City Staff recommends approval of this lot split ` request, with stipulation. 1. Approval of lot split is dependent upon approval of the side yazd variance request (VAR #99-30). (View of elcisting setback) Staff Report Prepazed by: Paul Bolin ��,'z- � � t k. >_ t � -� - - e�� e.� �• � a ; � - - - � e • � �.P-�� i � _ 4 �.�I�i:#� ' _ _ ' ' 3 8 il . :.i. '. ..�. � i�. �'�9�I �# 9F':- �-.� ' .�- f s 1 :. '" : 1 7 �� a +� � �b i� ta r� it :� • 3 i _, tw �� «-s�: _ r� - :r - a r ,_ ar- �a �s s-�« - - = iG ,s ►. _ 9t r�� t�a i -r t_ � �,t• ,�e ra� 3'.�- ' I�._ i�.M� " �-.°L ._ i " �.r' • � :' ' � �... a � p-.. 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FT. _ !0853.5 I hereby cer+ffy that thls survey was p-epared Dy me o� �nde� �'•� ��recr superv.stor ana ihat � am du�y n_g�sterea Lonc Surve�e� untl�r the�ws of the St� pf �y,i�flnesorp . � Req. No. 9�at � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 13, 1999 qTlf OF PRIDLEY DATE:12/07/99 TO: William Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Appeals Commission acti on on Variance #99-30 M-99-292 INTRODUCTION Gary Wellner, petitioner, is seeking a variance to reduce the required side yard setback from 10' to 7.99' in order to correct an existing non-conformity at 5361 6th Street NE. In 1960, the petitioners duplex was built 7.99' from the side lot line. In order to cor�ect this non-conformity, a variance to recognize 7.99' as the required side yard setback for this property is necessary. The City's policy has been to correct existing non-conformities when owners apply for any City permits. APPEALS COMMISSION ACTION At the November 10, 1999 Appeals Commission meeting, a public hearing was held for VAR #99-30. A motion was made to approve the requested variance, with stipulations, as presented by staff. The motion camed unanimously. STAFF RECOMMENDATION Staff recommends that the City Council concur with the Appeals Commission and grant this variance request. 29 City of Fridley Land Use Application VAR-99-30 November 10, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Gary Wellner 8457 Riverview Lane N. Brooklyn Park, MN 55444 Requested Action: Variance Purpose: To decrease the required side yard setback from 10' to 7.99' to correct an existing non-confomuty. Fxisting Zoning: Residential - 2 Location: 5361 6th Street Size: 10,800 sq. ft. .25 acres Existing Land Use: Two Family Home Sturounding Land Use & Zoning: N: Two Family & R-2 E: Single Family & R-1 S: Single Family & R-2 W: Two Family & R-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.08.03.D.(2).(a) requires a minimum side yard setback of 10' for any living azea. Zonixig History: Lot platted in 1886. Duplex built in 1960. Legal Description of Property: Lots 25& 26, Block 16, Hamilton's Addition to Mechanicsville. Council Action: December 13, 1999 30 Public Utilities: Duplex is connected Transportation: Duplex is accessed via 6th Street. Physical Characteristics: Lot is covered by grass, parking area, and duplex SUIVIlVIARY OF PROJECT The petitioner is seeking the variance to correct an existing non�onfomuty. Petitioner is also seeking a lot split from the Planning Comrnission. SUMMARY OF HARDSHIP "To rectify pre-existing non-conforming setback caused at time of construction. " SUMMARY OF ANALYSIS City Staff recommends approval of this variance request. It would cause great hardship to require a property owner to remove their existing shucture, due to a non-confornuty that happened 40 years ago. A similar variance request has been granted: VAR #93-09 6420 Starlite Circle - Sideyard setback for living area reduced to 4.5' for duplex. (View of existing setback) Staff Report Prepared by. Paul Bolin VAR #99-30 Analvsis Gary Wellner, petitioner, is seeking a variance to reduce the required side yard setback from 10' to 7.99' in order to correct an existing non-conformity at 5361 6th Street NE. In 1960, the petitioners duplex was built 7.99' from the side lot line. In order to correct this non-conformity, a variance to recognize 7.99' as the required side yard setback for this property is necessary. The City's policy has been to correct non-conformities when owners apply for any City permits. The petitioner is also seeking a lot split from the Planning Commission. It would cause great hardship to require a property owner to remove their existing structure due to a non-conformity that happened 40 years ago. Therefore, staff recommends approval of the variance request. The petitioner and his partners recently divided their property holdings. As a result the petitioner is also seeking a lot split from the Planning Commission. Staff �ecently had contact with a neighboring property owner who will be processing a variance application for a nearly identical request. Staff Recommendation City Staff recommends approval of this variance request, with stipulation. The need for the variance is due to the way the home was originally located in 1960, and not the result of the actions of the petitioner. This request is also within a previously granted dimension. VAR #93-09 6420 Starlite Circle - Sideyard setback for living area reduced to 4.5' for duplex. (Requested variance) 31 CITY OF FRIDLEY APPEALS COMMISSION MEETING NOVEMBER 10, 1999 PUBLIC HEARING: CONSIDERATION OF A VARIANCE REQUEST VAR #99- 30, BY GARY WELLNEF� Per Section 205.08.03.D.(2).(a) of the Fridley Zoning Code, to reduce the side yard setback from 10 feet to 7.99 feet to correct an existing nonconformity on Lots 25, 26, 27, 28, Block 16, Hamilton's Additional to Mechanicsville, generally located at 5361 6�' Street. MOTION by Dr. Vos, seconded by Mr. Tynjala, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:02 P.M. Mr. Bolin stated that Mr. Wellner is seeking a a variance to reduce the required side yard setback from 10 feet to 7.99 feet to correct an existing nonconformity at 5361 6�' Street. The petitioner is also seeking a lot split from the Planning Commission on the same property. City Code does require a side yard setback of 10 feet for living areas. The petitioner owns the entire parcel and is going to split it. The property is zoned R-2, as are all the surrounding property to the north, west, and south. The petitioner does have a duplex on this property. There are actually finro duplexes on the property and, with the lot is split, there will be duplex on each parcel. Mr. Bolin stated the hardship is as follows: "To rectify a pre-existing non-conforming setback caused at the time of construction." Mr. Bolin stated that there are slightly less than eight feet befinreen the petitioner's duplexes. There is slightly over 25 feet between the petitioner's duplex and the home to the south. Mr. Bolin stated that staff does recommend approval. The need for the variance is due to the way the duplex was originally built in 1960, not the result of the actions of the petitioner. The request is also within previously granted dimensions. VAR #93-09 at 6420 Starlight Circle had a side yard setback reduced to 4'/Z feet for a duplex on that parcel. Once the property is split, both lots would meet the code excepi for the eight foot setback on the southernmost lot. Dr. Vos stated that it looks like the property to the north would have more difficulty because it is more than ten feet. Mr. Bolin stated that the lot just north of there does fall short also. The owner of that duplex to the north called in to say he was in support of this request because he will be making the same request. 32 APPEALS COMMISSION MEETING, NOVEMBER 10, 1999 PAGE 2 The petitioner, Mr. Gary Wellner, stated that he is looking to split the lots because property taxes will be even more if he does not. They discovered an error in the classification. It is taxed as an apartment complex rather than a duplex. MOTION by Dr. Vos, seconded by Mr. Tynjala to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:07 P.M. Dr. Vos stated that it was a nonconforming lot, and there is no reason to not approve this. He would be in favor of approval. Mr. Kuechle concurred. There is not a lot to do other than to move the building. Mr. Tynjala also concurred. MOTION by Mr. Tynjala, seconded by Dr. Vos, to approve variance request, VAR #99- 30, to reduce the side yard setback from 10 feet to 7.99 feet to correct an existing nonconformity on Lots 25, 26, 27, 28, Block 16, Hamilton's Additional to Mechanicsville, generally located at 5361 6�' Street, with no stipulations. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Dr. Vos stated this item would go to the City Council on November 22. Respectfully Submitted, Signe Johnson Recording Secretary 33 ` AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 CRY OF FRIDLEY Date: 12/6/99 To: William Bums, City Manager �,f !`f From: Barbara Dacy, Community D� elopment Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission acti on on LS #99-05 M-99-293 INTRODUCTION David & Sharron Landes, petitioners, have reached an agreement with a neighboring property owner to purchase a portion of property abutting their property. As a result the petitioner is seeking a lot split from the Planning Commission in order to use the additional 550± square feet of property fo properly reconstruct a retaining wall for their property located at 5928 Woody Lane. If the lot split is granted, both lots will still meet City zoning codes for lot sizes and setbacks. The lot split is being requested so that the petitioner can reconstruct a retaining wafl along the edge of their driveway. The additional land area will allow the petitioners to terrace the retaining walls, to avoid wash outs. PLANNING COMMISSION ACTION At the December 1, 1999 Planning Commission meeting, a public hearing was held for LS #99-05. A motion was made to approve Lot Split, LS #99-05, to allow the property located at 5928 Woody Lane and 1207 Gardena to be split, creating new property lines. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and approve the resolution authorizing Lot Split, LS #99-05. 34 RESOLUTION NO. A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, LS #99-05, TO ESTABLISH NEW PROPERTY LINES FOR TWO RESIDENTIAL PARCELS, GENERALLY LOCATED AT 5928 WOODY LANE WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #99-05, on December 1, 1999 and recommended approval; and WHEREAS, the City Council at the December 13, 1999 meeting approved the Lot Split request; and WHEREAS, such approval was to establish new property lines on two residenrial lots, based on new legal descriptions which read as follows: Proposed New Landes Parcel: Lot 6, Block 1, MELOLAND LAKEVIEW, Anoka County, Minnesota. Together with: That part of Lot 9 MELOLAND GARDENS lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9, as measured along the south line thereof and lying northerly of the following described line : Beginning at a point on the southeasterly line of Lot 6, Block 1, MELOLAND LAKEVIEW, Anoka County, Minnesota, distant 28.00 feet southwesterly from the most easterly corner of said Lot 6; thence southeasterly to the southwest comer of Lot 4, Block 1, MOORE LAKE HILLS 2°d ADDITION, Anoka County, Minnesota. Proposed New Miller Parcel : That part of Lot 9, MELOLAND GARDENS, Anoka County, Minnesota, lying westerly of a line parallel with the east line of said Lot 9 and distant 293.8 feet westerly from the east line of said Lot 9 as measured along the south line and lying southerly of the following described line: Beginning at a point on the southeasterly line of Lot 6, Block 1, MELOLAND LAKEVIEW, Anoka County, Minnesota, distant 28.00 feet southwesterly from the most easterly comer of said Lot 6; thence southeasterly to the southwest comer of Lot 4, Block 1, MOORE LAKE HILLS 2°d ADDITION, Anoka County, Minnesota. WHEREAS, the City has received the required Certificate of Survey from the owners. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley directs the petitioner to record this Lot Split at Anoka County within six (6) months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13� DAY OF DECEMBER 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 35 City of Fridley Land Use Application LS-99-05 December 1,1999 GENERAI� INFORMATION SPECIAL INFORMATION Applicants: David & Sharron Landes Edwazd Miller 5928 Woody Lane 1207 Gazdena Fridley, MN 55432 Fridley, MN 55432 Requested Action: I.ot split Purpose: For the Landes's to acquire a portion of Mr. Millers properly to construct a retaining wall. Existing Zoning: Residential - 1 Location: 5928 Woody Lane Size: 14,375 sq. ft. .33 acres Existing Land Use: Single Family Home Suirounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Confonnance: Both properties meet City Zoning Code requirements. Zoning History: Lot platted in 1963. Home built in 1974. Addition built in 1978. Legal Description of Property: Lot 6, Block 1, Meloland Lakeview Council Action: December 13, 1999 Public Utilities: Homes are connected. 36 Transportation: Landes home is accessed via Woody Ln. Physical Characteristics: Lot is covered by grass, trees, & home. SUNINIARY OF PROJECT Mr. & Mrs. Landes are seeking to purchase a portion of the lot owned by Mr. Miller, in order to properly reconshuct a retaining wall. There is a drop in elevation between the two lots which requires the petitioner to use a retaining wall along the edge of their driveway. The lot split would allow the petitioner to terrace the retaining wall. SUNIMARY OF ANALYSIS City Staff recommends approval of this lot split (Properly to be acquired by petitioners) Staf�' Report Prepared by: Paul Bolin LS #99-05 Analvsis David & Sharron Landes, petitioners, have reached an agreement with a neighboring property owner to purchase a portion of property abutting their property. As a result the petitioner is seeking a lot split from the Planning Commission in order to use the additional 550± square feet of property to properly reconstruct a retaining wall for their property located at 5928 Woody Lane. If the lot split is granted, both lots will still meet City zoning codes for lot sizes and setbacks. The lot split is being requested so that the petitioner can reconstruct a retaining wall along the edge of their driveway. The additional land area will allow the petitioners to terrace the retaining walls, to avoid wash outs. Staff Recommendation City Staff recommends approval of this lot split request. Both lots will meet all code requirements after lot split and future erosion of the hillside will be prevented. 37 CERT I F I CATE OF SURVEY �TMSUtv�rn� n� lMEASUREMENTS SHOI/N /N FEET �ND DECIMALS OF A FOOT! 400Z ..EFFERS�';V ST. NE FOR o�-v � �-�.�•oc s - cau�n �rrs. ►.+�. �,�� (6R1 788-9769 F'AX (6RI 788-7602 �►EREBY CERTIFY THAT THIS SURVEY, P�kJ Oft pEPORi O 30 DATE AUCa • 3O, 1�9�j VAS PttEPMEO BY AE qt I.WEp yy DIRECT SUPERVISIqJ Mo tw�t I AA1 A pULY � I ENSED lM0 SURVEYOR 1,/�DER � o= I RON MONUMENT( Fd � TFE UYS OF TFE STAT 0 N�SOiA. S�ALE IN FEEY �- � R01d MOrtUMENT (sC.T CI..F�CNd►��.1 �,�n�k,�� Randy L. Kuri .L.S. No. 202 ' ' Russell J. Kur�h, L.L.S. No. 16113 ` �oZ'C : �.lo �.octi-r�ous �.�.a.oL oT�ctZ�H�a�a. -�-u,osc sHov.t�s,. � / � /� 1�000`; / `—" — � L � � � �-LC�. �Z p�r � D��t�AVC � U�i�tT�; ESMTS. � -f�� r _ — —" — �o O � �I � 'i . , � -- ��p, ��. �� .._ ��, '� (,- � C'� ��-=�3�30 I � �� .. 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Burns, City Manager�� ' , Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT• Development Agreement for the Varichak Addition On August 9, 1999, the City Council approved the Varichak Addition plat to create three lots at the northwest Corner of Benjamin and Gardena. At the August 9�' meeting, City Attorney, Fritz Knaak, suggested that due to the complexity and number of stipulations, that a development agreement be required to be filed with the plat. That development agreement has been attached for your review and approval. RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. M-99-300 39 DEVELOPMENT AGREEMENT THIS AGREEMENT, made this day of , 1999, befinreen the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and Stephen P. Varichak, Dolores M. Varichak, James Surdyk, and Lynne E. Surdyk (hereinafter called the "Developers"). WHEREAS, The Developers have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: See attached Exhibit A. (the "Subdivision"); and WHEREAS, the City Council, by resolution # , adopted , 1999, granted Developer's plat request for a portion of the property to allow it to construct three single family homes on the subdivision on the condition that the subdivision is developed according to the site plan, dated , 1999, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. Improvements shall include, but not be limited to the following: ♦ Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans ♦ Underground utilities for the three new homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations, and technical specifications. The Developers, future owner, its contractor or subcontractors, shall construct 3 new single family homes. The Developers, future owner, its contractors or subcontractors, shall follow all instructions received from the City's inspectors. The Developer, future owner, their engineer or builders shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concemed, including the City Staff, to review the program for the construction of each home. 2. Water and Sewer A water and sewer lateral fee assessment will be applied to each lot. � �, (A) The Developers, future owner, its contractor, or subcontractors shall stub water and sewer services to the two additional lots located off Benjamin Drive. These water and sewer services shall be inspected and must meet all City standards. The City (at the developer's expense) will patch the street following the installation of water and sewer services, the Developers, future owner, its contractors, or subcontractors must have the cut approved by the Public Works Department of the City. 3. Gradinq Erosion Control, and Tree Preservation Plans. The Developers, future owner, its contractor, or subcontractor shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The g�ading limits for the construction of the new home. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan. If the Developers, future homeowner, its contractor, or subcontractor does not comply with the erosion control plan and schedule or supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developers, future homeowner, contractor, or subcontractor in advance of any proposed action, but failure of the City to do so will not affect the Developers' and City's rights or obligations hereunder. (C)The location of waming signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Developers shall clear all soil, earth, or debris from the � streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developers, future owners, contractors and subcontractors. 5. Permits. The Developer shall obtain all necessary peRnits for the development of the property. The Developers, future owners, contractors, or subcontractors shall pay SAC fees at the time of the building permit issuance. 41 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of $750.00 per lot at the time of building permit issuance. The total park dedication fee for the development is $2,250.00. (three lots x $750.00 = $2,250.00). 7. Draina4e Easement. The Developer shall provide the City with a drainage easement dedicated on the plat over the northemmost 50' of the property. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Approval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Leqal ProceedinQS. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest . The Developer agrees that it will not sell, rent, nor cause to be occupied, any premises constructed on the development or within the development until the City has approved the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to specific premises. 13. Attomevs' Fees. The Developer agrees to pay the City reasonable attomeys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 42 15. BindinQ Effect. The teRns and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developers and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. SIGNED AND EXECUTED by the parties hereto on this day of . 1999 DEVELOPERS Br�_�_ � Stephen P. Varichak By: _ Dolores M. Varichak gy�---- James Surdyk By� ---�—. Lynne E. Surdyk ATTEST: Debra A. Skogen, City Clerk 43 CITY OF FRIDLEY By: Nancy J. Jorgenson, Mayor EXHIBIT B- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impact to the low area located along the northemmost edge of the property. The plan shall include retaining walls on Lot 1, immediately adjacent to the home, to assure a slope of finrelve percent (12%), or less around the homes foundation. The plan shall also include a teRaced drainage area, in the twelve foot drainage easement, to slow existing run-off and assure some saturation of roof-top run-off directed toward the pond. 2. The petitioner shall dedicate a 20 foot utility easement and a 50 foot drainage easement along north property line of proposed Lot 1. s. No grading or land alterations shall be permitted within 50 feet of the north property line of Lot 1. 4. Provide proof that the old well located on the site has been properly capped or removed. s. During construction, silt fencing shall be used where applicable. 6. The petitioner shall pay $750 per lot park fees prior to issuance of building permits. �. Petitioner shall grant Code required 12 foot utility and drainage easement along the western boundary of the property. s. Petitioner to pay all water and sewer connection fees. 9. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be identified on the proposed site plan for each house, and shall be marked on the site plan for approval by City staff prior to issuance of building permits. io. A perimeter drain system, as recommended in the STS Consultants soil report submitted by the petitioner, shall be installed around the outside of each house basement, in accordance with FHA Special Bulletin 87-1. Backfill around and over the drainpipe shall be a free draining granular material such as three quarter inch to one and one quarter inch rock or pea gravel. i i. No silt soils shall be used as wall backfill, except for the uppermost 18 - 20 inches to act s a cap, as recommended in the STS Consultants soil report submitted by the petitioner. iz,. All masonry shall be thoroughly braced intemally prior to backfilling, as recommended in the STS Consultants soil report submitted by the petitioner. i3. The soil used as exterior backfill, for a distance of at least 18 inches from the walls should be free-draining sand in accordance with paragraph 4.5, of the STS Consultants., Project # 97479, dated July 27, 1999. .. ia. Silty soil from the site shall only be utilized to cap the backfill at the surface, as recommended in the STS consultants soil report submitted by the petitioner. is. All backflll shall be sufFciently compacted so as to not settle after construction as recommended in the STS Consultants soil report. i6. All exterior grades shall be sloped positively away from the walls in all directions to reduce groundwater infiltration into the backfill, as recommended in the STS Consultants soil report. i�. Gutters and downspouts shall be installed on all three homes and shall direct all run-off from all roof areas to the west drainage easement. Approval of each home plan submitted will be in-part predicated on this information about how the downspouts and gutters will be designed and installed. ig. All door stoops should be supported on frost depth footings, as recommended in the STS Consultants soil report submitted by the petitioner. i9. Sidewalks and other slabs appurtenant to the building shall not be rigidly attached to the structure to allow free/independent movement, as recommended in the STS Consultants soil report. Zo. No patio slabs shall be cast to extend under the sills of sliding glass doors, as recommended in the STS Consultants soil report. 2i. A sub-base course of a minimum depth of 12 inches and consisting of pit run sand shall be installed below the conventional driveway pavement, as recommended in the STS Consultants soil report submitted by the petitioner. 22. Adequate compaction density of the footing subsoil, compaction of backfill around foundations and under the floor slabs, particularly the garage slabs will be required. To assure this is true, these phases of construction, as recommended in the STS Consultants soil report. 23.The final plat shall reflect a reduced the width of Lot 3 by 10' to 80' and said Lot 2 shall be reduced by 5' from 80' to 75' in width to provide a more level building pad for Lot 1. 45 EXHIBIT A- PLAT APPROVED BY COUNCIL N w � � O � q�4 �o� C �l.,, ! �`Z� � V � t N � O � � � � \ � � q q � � � � V � � � � :j . �C� � C) •V'�� '' � � I [ ii � � oo '�t: �.�;.5l.`J�B.^.S Sa1Q:1.^..^.Y � '� � � I .��_��_-��_--___..__�--_��__�_-___��-_--_J � � � � - r :332)..ri IJi7'jYl°:31i � � - �.aeaas eewr- - - - - - - - - � j � �as�uc ►t�Krnae � ------ s ' Men • • � wY s • vw • • �� -------------- ��r------- ; f ----- �. �, � � �� .o,� � � � � � ,; �� I I.,,� I 1 1 � e2 �� r C� � ��b/vl �y�^^ � ; ., c� i 1 � cJ N � (� � R �:� a� i Sy��^ i 5 V � �r :� �, � ►_ ; , ; � c> � � , , .; J a i 4.� ?� i. �i L_^_-------_"--J L-------J L_-----_J I! • _� � • • �osi � � me� O� � M �i t�0 1 _ �M = � � n � o� N i �- � � ■ ' 1 �J � i � 1 � ��■ :.� �tS � ��! � t��i � e : � ., ��. ��i . ��1 Y,� E!t --�� »�- ;:O:I�r' �;:� 5.:.2dyY� I �M � ' �� ,� _ _ i lC�i�e � _ ------- ; �1�� • I '��t� � ;. atl�� i � t � � r � _ - � 'i � i i i 1 � t r, h <) f, i3 10 :) N � 1 I � �� I 1 ii �: I I � � ' - � I 1 � 1 � 1 i � � -. i `-' i i�i +6� w i -• � � � G7 � .( 1 K :r � �: � w I � � � z ; �� ; :� i � I a � J � 1 r--- r ' h j e, i .� �� C) O ': . � q (0 LI 67 � ii :� < n: � � �� yK L� � � B � AGENDA ITEM �' CITY COUNCIL MEETING OF DECEMBER 13, 1999 cmr oF FRIDLEY DATE: December 9, 1999 � TO: William W. Burns, City Manager�� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Pianning Coordinator SUBJECT: Finai Plat for the Varichak Addition On August 9, 1999, the City Council approved the Varichak Addition preliminary plat to create three lots at the nnd r eommended approvallof th s request at the Jluly 7,9 999 Commission reviewed a meeting. The preliminary plat approval required ce�tain lot size and easement modification be completed prior to the creation of the final plat. With one exception, all modifications were made. The modification that was not made, was an oversight on the part of the surveyor's o�ce. A 20' utility easement and eaoemre t was p epa ed oln the mylars h The 50� �ine were both required. The 20, utility easement was overlooked. In lieu of having the mylars redrawn, the County will accept an easement document (to be filed with the plat). This document will describe the 50' easement area and assure that in future searches the easement information is revealed. Staff is comfortable with a companion document filed with the plat to identify the 50' easement. Staff would recommend however, that Council's approval be based on one additional stipulation. RECOMMENDATION Staff recommends approval of the enclosed plat with the 23 stipulations approved with the preliminary plat, plus one additional stipulation. The petitioner shall have an easement document prepared, in recordable form, identifying the 50' required along the entire north property line. M-99-302 47 RESOLUTION NO. -1999 RESOLUTION APPROVING A PLAT, P.S. #99-03, BY STEPHEN VARICIiAK TO REPLAT PROPERTY TO ACCOMMODATE THREE SINGLE FANIILY ItESIDENTIAL LOTS, GENERALLY LOCATED AT THE NORTHWEST CORNER OF GARDENA AND BENJAMIN, WHEREAS, the Planning Commission held a public hearing on July 7, 1999, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for the VARICHAK ADDITION at the August 9, 1999, with stipulations attached as Exhibit A; and WHEREAS, the City recognizes that the VARICHAK ADDITION replaces the former Lot 2, Auditor's Subdivision 92; and WHEREAS, a copy of the VARICHAK ADDITION has been attached as E�chibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for VARICHAK ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be nu11 and void. PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS 13th DAY OF DECEMBER,1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR . • EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impact to the low area located along the northernmost edge of the property. The plan shall include retaining walls on Lot 1, immediately adjacent to the home, to assure a slope of twelve percent (12%), or less around the homes foundation. The plan shall also include a terraced drainage area, in the finrelve foot drainage easement, to slow existing run-off and assure some saturation of roof-top run-off directed toward the pond. 2. The petitioner shall dedicate a 20 foot utility easement and a 50 foot drainage easement along north property line of proposed Lot 1. 3. No grading or land alterations shall be permitted within 50 feet of the north property line of Lot 1. a. Provide proof that the old well located on the site has been properly capped or removed. s. During construction, silt fencing shall be used where applicable. 6. The petitioner shall pay $750 per lot park fees prior to issuance of building permits. �. Petitioner shall grant Code required 12 foot utility and drainage easement along the western boundary of the property. s. Petitioner to pay all water and sewer connection fees. 9. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be identified on the proposed site plan for each house, and shall be marked on the site plan for approval by City staff prior to issuance of building permits. io. A perimeter drain system, as recommended in the STS Consultants soil report submitted by the petitioner, shall be installed around the outside of each house basement, in accordance with FHA Special Bulletin 87-1. Backfill around and over the drainpipe shall be a free draining granular material such as three quarter inch to one and one quarter inch rock or pea gravel. i i. No silt soils shall be used as wall backfill, except for the uppermost 18 - 20 inches to act s a cap, as recommended in the STS Consultants soil report submitted by the petitioner. i2. All masonry shall be thoroughly braced internally prior to backfilling, as recommended in the STS Consultants soil report submitted by the petitioner. i3. The soil used as exterior backfill, for a distance of at least 18 inches from the walls should be free-draining sand in accordance with paragraph 4.5, of the STS Consultants., Project # 97479, dated July 27, 1999. ia. Silty soil from the site shall only be utilized to cap the backfill at the surface, as recommended in the STS consultants soil report submitted by the petitioner. is. All backfill shall be sufficiently compacted so as to not settle after construction as recommended in the STS Consultants soil report. i6. All exterior grades shall be sloped positively away from the walls in all directions to reduce groundwater infiltration into the backfill, as recommended in the STS Consultants soil report. i�. Gutters and downspouts shall be installed on all three homes and shall direct all run-off from alf roof areas to the west drainage easement. Approval of each home plan submitted will be in-part predicated on this information about how the downspouts and gutters will be designed and installed. ia. All door stoops should be supported on frost depth footings, as recommended in the STS Consultants soil report submitted by the petitioner. t9. Sidewalks and other slabs appurtenant to the building shall not be rigidly attached to the structure to allow free/independent movement, as recommended in the STS Consultants soil report. .• zo. No patio slabs shall be cast to extend under the sills of sliding glass doors, as recommended in the STS Consultants soil report. 2i. A sub-base course of a minimum depth of 12 inches and consisting of pit run sand shall be installed below the conventional driveway pavement, as recommended in the STS Consultants soil report submitted by the petitioner. 2z. Adequate compaction density of the footing subsoil, compaction of backfill around foundations and under the floor slabs, particularly the garage slabs will be required. To assure this is true, these phases of construction, as recommended in the STS Consultants soil report. Zs. The final plat shall reflect a reduced the width of Lot 3 by 10' to 80' and said Lot 2 shall be reduced by 5' from 80' to 75' in width to provide a more level building pad for Lot 1. � HY-LAND SURVEYING TEL�493-5781 : H � �� a ``o� O � � " � � V � N Z 0 � � � � �^ l q � � � r�` V � � � � Qc %li bi �"' g Dec 09�99 16�14 No.005 –�-- � .------.. . ---...—_ . ._... . _ < �i a � �� c, 3� w d � i ii �' `��, a� � �o' '�?: ?.� SLJ�2.^.S 5.210�.^.Y f � ( � I _��—_��____��_____��_�_—��__�___—__�_—�__J :33�l.,ri fniYYf�238 � -..�e+w,as qwt-- ---_--� j � i�lNJi NtIf11f1aY � ��, + M'RI � • i_____________ � -�� ' , R 1 �'S •c.� r � "% �- � i j� i i is S� I ii �� I CJ . �� rl i :t � � t �_ � � �� 1 I .,► ; --,� �� i O � y r� �, � �.- � � 0 o� i -A�t • f nw • ------ � r------- � i i �• ii i tiIv 1 `�^ J ( ' � i � �� ir s,y.,, , g yV\"�i � 1 � ? j I, �� , ,i S i. i i L�..�_-..�_--��_-J 1..---�---J L___��--J � r . __ • • eu • � o• ` i i � , i i �� i `�' t ❑ -f � �� z; - `�s� � �� l,� � g��1 t :: 1 �� . ��i . [�� --�� •�`- ::'J:�t^.:.'Y �::� 5.1.21`JY� 1 1� � ' �i�9� _ �.� ��i�� ____�_ � ° -, °i�� ; �� . , � ;. �tlf� 51 . � � r i -- i i � i i 1 I 1 1 1 1 1 i 4� ib :� in ' � � � �- I 1 i5 �� I � I �� 1 1 I I � � f I � 2= � 5� 1 � :�� p'� � � ; � 1 ! 1 w C3 I w I �; � � I , i a � 1 1 r--- � i � i �; � I .. (.� � �. . ii �o Li 60 � [ C � P.02 v � � ClTY OF FRIDLEY DATE: TO FROM: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 December 7, 1999 William W. Bums, City Manager�� f Barbara Dacy, Community Development Director SUBJECT: Resolution Authorizing Vacation of Drainage and Utility Easements, Medtronic Inc., SAV #99-07 Re uest Medtronic Inc., filed a vacation application to vacate a variety of drainage and utility easements which were originally associated with the seven single family lots along Quincy and Jackson Street. There is also a small easement in the northeast corner of the site which needs to be vacated so that a new easement can be placed over newly constructed utilities. PlanninQ Commission Action The Planning Commission recommended approval of the vacation request, subject to two stipulations. `� � Medtronic shall dedicate a 20-foot easement in a north/south alignment across Outlot C, between Quincy Street and Medtronic Parkway and Jackson Street and Medtronic Parkway. Medtronic shall dedicate an easement in the northeast part of the site over the newly created utility lines. Recommendation Staff recommends the City Council adopt the Resolution Authorizing the Vacation of the Drainage and Utility Easements Subject to the Stipulations Contained in Exhibit A. BD1jt M-99-297 52 RESOLUTION NO. -1999 A RESOLUTION APPROVING A VACATION, SAV #99-07, VACATING DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planning Commission held a public hearing on the vacation, SAV #99-07, on November 17, 1999, and recommended approval to vacate: The 5.00 foot drainage and utility easements as dedicated over Lots 6, 7, and 8, Block 5, and Lots 13, 14, 15, and 16, Block 6, all in DONNAY'S LAKEVIEW MANOR ADDITION, according to the recorded plat thereof, Anoka County, Minnesota. Together with the 5.00 foot drainage & utility easements as dedicated over Lot 5, said Block 5, DONNAY'S LAKEVIEW MANOR ADDITION, lying southerly of the easterly extension of the north line of said Lot 8, Block 5. Together with the 20- foot sewer easement as dedicated over said Lot 5, Block 5, DONNAY'S LAKEVIEW MANOR ADDITION. WHEREAS, the City Council at its December 13, 1999, meeting approved the vacation request with stipulations attached as Exhibit A; and WHEREAS, the vacation request has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley, Minnesota, hereby approves the vacation, SAV #99-07, and authorizes the City Clerk to amend Appendix C of the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13T" DAY OF DECEMBER, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 53 NANCY J. JORGENSON - MAYOR Page 2— Resolution No. -1999 — Vacation, SAV #99-07 EXH_ 1. Medtronic shali dedicate a 20-foot easement in a north/south alignment across Outlot C, befinreen Quincy Street and Medtronic Parkway, and Jackson Street and Medtronic Parkway. 2. Medtronic shall dedicate an easement in the northeast part of the site over the newly created utiliry lines. 54 City of Fridley Land Use Application SAV 99-07 November 9, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Medtronic Inc. 7000 Central Avenue Fridley, MN 55432 Requested Action: Vacate drainage and utility easements in underlying plat to clear tifle. Exisang Zoning: S-2, Redevelopment District Location: Size: Easements are located along former lot lines of 7 single family lots acquired by Medtronic and in northeast corner of site. 5 to 10' wide drainage and utility easements. Existing Land Use: Corporate Campus and Roadways Suirounding Land Use & Zoning: N: Single family home & R-1 E: Highway 65 S: Corporate Campus & �2 W: R-1 & S-2 Comprehensive Plan Conformance: Use of properiy is consistent with Plan. Zaning History: • 1999 - Medtronic Master Plan Approved • 5-24-1999 - Carrie Lane Vacated Legal Description of Property: See Attached Council Action: December 13, 1999 Public Utilities: Easements Required Transportation: 55 New Came Lane is constructed. Physical Characteristics: Drainage & utility easement� to be vacated are located along former plat lot lines. SUMMARY OF REQUEST The petitioner is seeking to vacate drainage and utility easements that were platted with the underlying plat of Donnay's Addition, so that �e title for the property can be cleared and the final replat for the corporate campus can be recorded. SUMMARY OF ANALYSIS City staff recommends approval of the proposed drainage and utility easement vacation: _ • The easements are not necessary for any public use. Any existing utilities have been relocated A 20' drainage and utility easement is recommended to be dedicated through Outlot C to provide for access to the looped watermain between Carrie Lane and Medtronic Parkway. A new utility easement is required in the northeast corner. Staff Report Prepared by: Barbara Dacy SAV 99-07 Backqround - The City Council approved the vacation of Carrie Lane, a portion of Jackson Street, and Quincy Street on May 24, 1999. The vacation application was approved subject to several stipulations which required reconstruction of Carrie Lane after Medtronic acquired seven single family homes. Medtronic completed closings on seven single family properties last spring and finished up the title work in the early part of the summer. Since the Council approval of the project in May, the Housing and Redevelopment Authority and Medtronic have been working to clear title issues applicable to the property. The first phase portion of the campus was conveyed to Medtronic on June 4, 1999, subject to resolving title issues. One of the issues that arose during the title search was the necessity to vacate drainage and utility easements which were recorded as part of the former plat, Donnay's Lakeview Manor Addition. Analysis The utility easements are located along the lot lines between Lots 13, 14, 15, 16, of Block 6, Donnay's Lakeview Manor Addition (see attached drawing). Additional drainage and utility easements are located between Lots 7& 8 of Block 5, and along the rear lots lines of Lots 6, 7, 8, Block 5. There is a 5-foot drainage and utility easement that runs east/west from the former location of Carrie Lane through the northeast part of the site to Highway 65. Finally, a 20-foot sewer easement is to be vacated in the extreme northeast comer of the property. One of the stipulations of the previous approval was that Medtronic complete the watermain loop from Jackson Street and Quincy Street into the proposed Medtronic Parkway. The watermain construction is underway. It is necessary; however, to dedicate a 20-foot easement over the watermain connections which run north/south between Quincy Street and Jackson Street through Outlot C. Also, another utility easement has to be dedicated in the northeast comer of the site to cover newly constructed utilities. Recommendation for SAV #99-07 City staff recommends approval of the proposed drainage utility easement vacation for the following reasons: • The drainage and utility easements are not necessary for any public purpose. • The utility construction and street reconstruction in this area requires the dedication of new easements. Stipulations If approved staff recommends the following stipulations be attached: 1. Medtronic shall dedicate a 20-foot easement in a north/south alignment across Outlot C, between Quincy Street and Medtronic Parkway, and Jackson Street and Medtronic Parkway. 2. Medtronic shall dedicate an easement in the northeast part of the site over the newly created utility lines. Planning Commission Action The Planning Commission unanimously recommended approval as suggested by staff. Staff recommends the City Council approve the request as recommended by the Planning Commission. � / Sunde Land Surveying, LLC. 900i East 81oom1ngton Freewoy (35w) , S�'`e "$ I�escription Sketc�i For.� B�oomington, Minnesoto 55420-3435 8us�ness: 61 2-881-2455 FAx: 6i2-888-9526 �1�'1�TRONIC, INC. PROPOSED EASEMENT VACATION DESCRIPTION The 5.00 foot drainage ond utility eosements os dedicated over Lots 6. 7, ond 8, Block 5, and Lots I 3, 1 4, I S ond 16. 81ock 6, oil in DONNAY'S LAKEVIEW MANOR AOOITION, occording to the recorded plat thereof, Anoka County. Minnesoto. Together with the 5.00 toot drainoge & utility eosements as ded�cated over Lot 5, soid Block 5, OONNAY�S LAKEVIEW MANOR ADOITION, lying southerly of the eosteriy extension of the north line of said Lot 8, Block 5. Together with the 20.00 foot sewer easement os dedicated over so�d Lot 5, Block S, DONNAY'S LAKEVIEW MANOR AODITION. • 9 We hereby certify thot this sketch, plon or report wos prepored by me o� under my instruction ond thot I om o duly Registered Lond Surveyor under the lows of the State of Minnesoto. Doted this 2nd doy oF November, i 999 SUNDE LAND SURVEYING, LLC. 8Y --�-uu°�j—��,!�-------- Scot J. Soukup, R.L.S. Minn. Reg. No. 17256 85-15B-MT Re% IO.J/7/ T.JO R.?� S.?J SMT 58MT9.dwg 5� SHEET / OF 2 SHEETS Sunde Land S �, LLC. 900i Eost Bloomington Freeway (35W) , 5�"e ' �8 I�escription Sketc�i For.• Bioomington, Minnesota SSazO-3a35 Bus�ness: 612-881-2455 FAx: 6i2-g88-9526 .�1�'.DTRONIC, INC. �� SCA�E: I Inch = 100 feet � � � _ \ ��z �� T-�. I dl ?o W 0 fA�FMFN E'�y � � q l F U '-- � c4rFOl� ow �_ � O W �� O � W � Zo�''� _ � 2 � \� �(� W�U VP� �� \\� � E o� �oti�,� � �R �,� � ` �• � ,L � �P� • � � �\ ``�°r. ��\ i � �� ` � � � �� i �v. �` �� i� \ Q'L i' �� \�� \ ) J� — II I ' '� I �� <�, N. LINE OF� LOT 8. BIK. 5 � ACKSON ° STREET , . .. . �y �� :� � �� ._ � � �' . _,� �� . 1 � J _ - �-+-- � � ' ;C � ;' '` � ._ �\ DRAINAGE dc UTILIT � EASEMEN T0� �, VACATED � Y J m3 �W �> �Wz �YO �, J J _ O �� N< �� ?io C� J�< �� Wo� �. . p" W J m �� N Q W W = W a �aa ow> � I \` . ,� \ r; � � , C � �� < � `�� 1 1 � i � � ;�� i _ i �> i - _ - _�� -99 - - -) `� I Z �` ='' I �': Q � _ ';: �. � � ��; i � :il ( W I �4� I �� I 3;�� Q �' ;�) � : c � U i v t �.gg � 2 j � 6 1 � ///�� ° STREET ; ° i t -� o i I^ Z os•sz I-- � i 'n 4,'i .. i � j I Y 3 J y� m � � W Y Z � JO J N O oa° z J O Z .< V1 N� es-zsa-MT R�� 4o.�iz� r.,�o Ra4 sz.� s��r e�9.dwg SHEET 2 OF 2 SHEETS 5 ----_ � �' _ L � �� v I�1: �' . 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Bums, City Manager �i � �•i FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution, Final Plat Approval, Fridley Executive Center Second Addition Backpround The C ncil approved the Preliminary Plat for the Fridley Executive Center Second Addition on May 24, 1999. The plat created Lots 1 and 1A, Block 1, for Phase I of Medtronic's Corporate Campus. The plat also created the right-of-way for "Medtronic Parkway" (the former right-of-way of Bridgewater Drive), and finro outlots which separate the Parkway from the neighborhood to the north. In addition, the plat also created the replacement right-of-way for CaRie Lane to connect Quincy Street and Jackson Street. Finally, Outlots A and B on the proposed Final Plat are owned by the Housing and Redevelopment Authority. The Development Agreement for the project has been executed and the HRA will be approving an amended Redevelopment Contract at its meeting on December 9, 1999. Medtronic has issued the Authority a letter requesting conveyance of the remaining part of the property, since more than 500,000 square feet of construction will be occurring on the site as part of Phase I construction. As part of the amended development contract process, the Authority will schedule a closing on the remaining property by the end of this year which will convey title of Outlots A and B to Medtronic, Inc. Please note that the Final Plat contains the easements which were required as a result of the vacation application which is also on the agenda. Exhibit A of the attached Resolution contains all of the stipulations passed by the Council in May. Recommendation Staff recommends that the City Council approve the Resolution authorizing the Mayor and City Manager to sign the plat. Bd\jt M-99-296 61 RESOLUTION NO. -1999 RESOLUTION APPROVING A PLAT, P.S. #99-01, BY MEDTRO1vIC INC. TO REPLAT PROPERTY TO ACCOMMODATE THE MEDTRO1vIC CORPORATE CAMPUS, GENERALLY LOCATED AT MEDTRO1vIC PARKWAY AND TH 65. WHEREAS, the Planning Commission held a public hearing on Apri17, 1999, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for FRIDLEY EXECUTIVE CENTER SECOND ADDITION at the May 24, 1999, with stipulations attached as E�chibit A; and WHEREAS, the City recognizes that the FRIDLEY EXECUTIVE CENTER SECOND ADDITION replaces the former plat of FRIDLEY EXECLTTIVE CENTER ADDITION; and WHEREAS, a copy of the FRIDLEY EXECUTNE CENTER SECOND ADDDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for FRIDLEY EXECLTTIVE CENTER SECOND ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF DECEMBER,1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 62 Page 2— Resolution -1999 — Fridley Executive Center Second Addition EXHIBIT io` 1. The petitioner shall provide a minimum right-of-way width of 90 feet for Bridgewater Drive, east of the west right-of-way of Quincy Street, and dedicate as right-of-way the land south of Lots 12, 16, Block 11 and Lot 9, Block 5, Donnays Lakeview Manor Addition. 2. The petitioner shall provide a minimum Bridgewater Parkway right-of-way width of 66 feet, while also providing an outlot for the planted area, north of Bridgewater Par{cway, west of the west right-of-way line of Quincy Street. 3. The petitioner shall close the Lake Pointe Drive connection to Seventh Street or provide "Road Closed" and/or "Dead-end" signage. 4. The petitioner shall recognize that all utilities outside the Bridgewater Drive or Seventh Street rights-of-way become a private system to be owned and maintained by Medtronic. 5. The petitioner shall repair and maintain an irrigation system for the entire site. 6. The petitioner shall copy the City on all storm water submittals to the Rice Creek Watershed District including, but not limited to, plans calculations and narratives. 7. The petitioner shall provide a Storm Pond Maintenance Agreement for all ponds within the site. 8. The petitioner shall pay park dedication fees in the amount of $44,522.48, prior to issuance of Phase I building permits. g. The petitioner shall construct Bridgewater Drive from Seventh Street to Highway 65 as part of Phase I construction according to plans submitted as part of this application and shall comp�y with the Municipal State Aid construction standards. 10. The petitioner shall install an 8-foot bikewaylwalkway from Seventh Street to Highway 65 along the north side of Bridgewater Drive. Connections to the neighborhood to the north shall be made to Quincy Street and from Jackson Street. 11. The petitioner shall recognize and be responsible for providing a separate easement agreement where bikeways/walkways are not located within the public right-of-way. 12. A pavement stripe or other readily visible means of identification shall be provided on the surface of Bridgewater Parkway to allow pedestrian crossing. 13. The petitioner shall be responsible for maintaining the ground cover and landscaping in the median and the boulevards in the parkways, as well as maintaining the landscaped areas contained in the outlots along the northern border of the project. 14. The petitioner shall record an easemenUagreement permitting emergency vehicle access on the site including access to fire hydrants. 15. The petitioner shall submit a letter of credit or perFormance bond equal to the constn.iction cost of the public street (Lake Pointe Drive, now known as Bridgewater Drive) and public utilities. The letter of credit or a bond will be held for a period one one year after completion of the improvements. The petitioner proposes to install the final mat after Phase I development and before construction is completed on the entire site. If any street deterioration is visible after completion of the last phase of development on the site, Medtronic, Inc. or its successors will guarantee a mill and overlay or where reasonably appropriate make repairs sufficient to restore Lake Pointe Drive (now known as Bridgewater Drive) to a"like new" condition. 63 T y wp �Z < �o or >Z r- � U O � � O O Q Q _ \ W \ W � � U �� W �3 W s; � o= � ;: J $_ O 'a � �: � '��' d �� s; �ea ��a 5t _ _ � :; mfi� �-a �Sa 3�� Y�_ � � s 3 � 3 � � pl _ E � '•i i I L _ � � _ � i f °a t � a � �a �� R a� R� 5S s' E� ( I 5 s N 3 a� �t � N� w° m fi _��:; =e=:� a•:_ VaoE�'_ i:sSE ;��d.a� sR�e. 5_jya. ;e $�;a°� �•$o�s° xe;=�€ 5�=Sj55 9-�}= � �'$ •- i� .b::s �55.0_°9 t'�Se�m �=o:aa �3a'�� 3^g$;° Se°oS ��s��= F': da`-��°.� d°c�$_ ;?`�ne= ��Ln Ea�aaa I� �; �o i� °I8 .q z I %I li e Y s e % � �g� a Ia E;o � v Y s' a p b g s °€ e fi g s �' q�s fi i'N 3 y � � ;� b 3 i � i � $ o s j ; a a � 3 �� _ �s R� �e �� aR =� 4- a i =- �$ . 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' _' :_. -s�Y�•c� p i � � O �� Q J��'�'y./�..T �-��^ �t'o`b� - � i � c� I � � \,�.^'.. g /w ••. .a � a i � 3 � O � �5��8RE �t''`4o - =m- s �.�hi b Y' «K �� p I j^ ti i ', ~ �'.�� ' ars�� _ �p$ I r b�': o � �� ' i�a ;_; � t,,� rb'o � ' _� v�'�+'w _ 9;` �g ��--- '_aons.±._ ss-eor - _ vs�ni- �- "��yi.s� � — s°••+i '4 _ J""' 60911' 3.��.lO.Ow - 3,�i.LO.ON i��ii^ � yi / _�..M./'.3R___ �'Y:7� �� —�_ � � � � �----- 65 i �� Z � y� NI O N � h � I � � � ------� � ` AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, F� °� 1999 DATE: December 9, 1999 TO: William Bums, City Manager�� FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Approving the Special Law Enacted by the Legislature, TIF #6 PURPOSE OF RESOLUTION The purpose of the resolution is to approve the action taken by the legislature in the 1999 session providing for the conditions of extending the TIF District #6 for the Medtronic Corporate Campus Project. The law enables the City to extend the duration of TIF District #6 from 2011 to 2025. When "special legislation" is enacted by the legislature, Minnesota State Statute, requires that the appropriate local units of government have to "approve" the special legislation by the "first day of the next regular session of the legislature" in order for the new law to become effective. The legislature approving the legislation itself is not enough. Anoka County and School District #13 have passed their respective resolutions and the dates are reflected in the attached resolution. In addition, the City must file a certificate with the Secretary of State with all of the appropriate documents from the City, County, and School Districts, by the "first day of the next regular session of the legislature". If the certificate is not filed on time, the special legislation becomes invalid. The Authority is scheduled to approve an amended Development Agreement providing for the sale of the property to Medtronic at its meeting on December 9, 1999. An update will be provided at Monday's Council meeting. RECOMMENDATION Staff recommends the City Council adopt the attached resolution approving the special legislation adopted by the legislature. M-99-303 � • RESOLUTION NO. RESOLUTION APPROVING SPECIAL LEGISLATION AND APPROVING EXTENSION OF TAX INCREMENT FINANCING DISTRICT NO. 6. BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. Laws of Minnesota 1999, Chapter 243, Article 10, Section 23 (the "Special Law") was enacted by the Legislature of the State of Minnesota and signed into law by the Governor of the State on May 25, 1999, and relates to special rules goveming the use of tax increment financing by the City within Tax Increment Financing District No. 6 (the "District°); 1.02. Subdivision 2 of the Special Law provides that the Special Law is effective upon approval by the governing bodies of the City, Anoka County (the "County") and Independent School District No. 13 (the "School District") and that the City, the County and the School District comply with Minnesota Statutes, Section 469.1782, subdivision 2, and Section 645.021; 1.03. Minnesota Statutes, Section 469.1782, subdivision 2, and Section 645.021 provide that upon approval of the Special Law by the City, the County, and the School District, the City must file with the Secretary of State a certificate of approval, as proscribed by the Attorney General, along with a copy of the resolutions of approval of the City, the County and the School District prior to the first day of the next regular session of the Legislature; 1.04. On July 27, 1999, the Board of Commissioners of the County adopted its Resolution No. 99-104, approving the Special Law, 1.05. On August 24, 1999, the School Board of the School District adopted its resolution, approving the Special Law; and 1.06. The first day of the next regular session of the Legislature is Tuesday, February 1, 2000. 67 Page 2 — Resolution No. Section 2. Findinqs. 2.01. The Council hereby finds that the Special Law promotes the objectives outlined in the Redevelopment Plan for Redevelopment Project No. 1. 2.02. The Council hereby finds that the Board of Commissioners of the Housing and Redevelopment Authority in and for the City has adopted a resolution extending the duration of the District, subject to approval of the Special Law and extension by this Council. Section 3. Approval and Directions. 3.01. This Council hereby approves the Special Law. 3.02. This Council hereby approves the extension of the duration of the Disfict. 3.02. The City Clerk is hereby directed to file a certificate of approval and a certified copy of this resolution of approval with the Secretary of State. 3.03. The City Clerk is further directed to obtain a certified copy of the County's resolution of approval and the School District's resolution of approval and to � provide them to the Secretary of State. 3.04. The City Clerk is further directed to provide the above documentation to the Secretary of State prior to Tuesday, February 1, 2000. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, THIS DAY OF DECEMBER, 1999. ATTEST: DEBRA A. SKOGEN — CITY CLERK NANCY JORGENSON - MAYOR .: � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, �� DATE: TO: FROM: December 9, 1999 William Burns, City Manager�� J Barbara Dacy, Community Development Director SUBJECT: Resolution Modifying the Redevelopment Plan and Tax Increment Financing Plans to Reflect Enlargement of Redevelopment Project No. 1 and Increased Project Costs to be Undertaken Therein, and Extending the Duration of TIF #6 PURPOSE OF RESOLUTION The purpose of the resolution is to authocize the following changes in the City's redevelopment program: • Enlarge the redevelopment project area • Modify the TIF budgets within the redevelopment plan • Amend TIF Plan #6 to extend the duration of the district RELATED COMMISSION ACTION The Planning Commission reviewed the enlargement of the redevelopment project area on October 6, 1999. The Commission determined that it was consistent with the Comprehensive Plan. The HRA conducted its review of these changes at the October 7 meeting. The HRA approved its corresponding resolution on modifying the redevelopment program at that meeting. In addition, ihe Authority will be adopting resolution to execute an amended development agreement that provides for the sale of the entire site to Medtronic Inc. at its December 9, 1999 meeting. The Authority will also be approving a corresponding resolution to extend the TIF #6 District. An update will be made at Monday's Council meeting on their action. WHERE DO I LOOK FOR THE CHANGES? Enclosed in the packet is a draft copy of the proposed amendment to the redevelopment plan. Beginning on page 1-22 of the enclosure is the new text to add to the existing redevelopment plan. At the top of the page is a header, "As Modified October 25, 1999" (this date will be changed to reflect the Council's action in December). The purpose of this new section is to describe, in general, the type of activities or improvements proposed to be undertaken in the tax increment districts and to identify a projected budget of expenditures. Exhibit I-C amends the tax increment financing district budgets previously stated in the existing plan on pages 1-13 through 1-21. The redevelopment plan language in Section 1.5 "Statement of Objectives° has also been changed to identify the goals and the public purposes of housing rehabilitation, housing replacement programs, and housing redevelopment projects (see pages 1-10 and 1-11). .' There are no other changes to the plan. The remainder of the text represents the existing language adopted by the City. ENLARGEMENT OF THE REDEVELOPMENT PROJECT AREA An 11 x 17 map is enclosed in the packet which depicts the existing parcels in the redevelopment project area and the existing Tax Increment Financing Districts. The map also shows the proposed parcels to be included in the redevelopment project area. In general, the proposed parcels extend from TH 65 west along I-694 and include the land area generally located in the southwest part of the City with 61 S` Avenue as the roughly the northern border. The Riverview Heights neighborhood is also included as well as about 70 individual single family residential parcels that were identified as possible candidates for the Housing Replacement program. The purpose of enlarging the project area is merely to plan for the future. State law enables the Authority to spend tax increments in the project area (subject to other requirements in the TIF law) for eligible activities including rehabilitation programs, land acquisition or site preparation assistance. The Authority may also in the future choose to establish a tax increment financing district for redevelopment projects. Gateway East is a case in point where the parcels are included in the project area, but a district has not been established as of yet. When the TIF district is proposed, another public hearing process before the Council will be required. MODIFICATION OF TIF BUDGETS The proposed tax increment budgets identified in Exhibit I-C merely clarifies the budgets for respective districts to reflect anticipated expenditures. A good example is TIF #6 which anticipates the expenditures for the Medtronic project (these are based on their estimates to date). The amounts of these expenditures however do not exceed the projected revenues of the respective tax increment district. TIF #6 PLAN Chapter VII of the enclosure is the Tax Increment Financing Plan for District #6. On page 7-2, language is added to reflect the recently passed law permitting the City to extend the duration of the district. Modifying the redevelopment plan to incorporate the language to extend the duration of TIF District #6 updates the plan and is only part of the required process for the Authority and the City Council. The Council will also consider another resolution adopting the new "special law" enacted by the legislature. The County and School District have already passed their respective resolutions agreeing to the adoption of the special law and the extension of TIF #6 for the Medtronic project. COUNTY AND SCHOOL DISTRICT REVIEW State law requires the County and the School Districts to review any modification to the redevelopment plan. A copy of the plan has been sent to all four school districts and to Anoka County. Staff made a presentation to the County Board on September 28, 1999, and there were no adverse comments about the plan modfication. RECOMMENDATION Staff recommends the City Council adopt the attached resolution modifying the City's redevelopment plan and program. M-99-304 7� RESOLUTION NO. A RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1 THROUGH 3, 6, 7 AND 9 THROUGH 16 TO REFLECT ENLARGEMENT OF THE PROJECT AREA AND INCREASED PROJECT COSTS TO BE UNDERTAKEN WITHIN REDEVELOPMENT PROJECT NO. 1. BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01 It has been proposed by the Housing and Redevelopment Authority (the "Authority") that the Council modify, approve and adopt a Modified Redevelopment Plan relating to Redevelopment Project No. 1 to reflect enlargement of the project area and increased project costs to be undertaken therein, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed by the Authority that the Council modify, approve and adopt Modified Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1 through 3, 6, 7 and 9 through 16 (the "Existing TIF Districts") to reflect enlargement of the project area and increased project costs within Redevelopment Project No. 1, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended and supplemented from time to time. 1.03. The Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, a Modified Redevelopment Plan for Redevelopment Project No. 1 and Modified Tax Increment Financing Plans for the Existing TIF Districts to reflect enlargement of the project area and increased project costs within Redevelopment Project No. 1, defining more precisely the property to be included, the public costs to be incurred, and other matters relating thereta 1.04. The Council has pertormed all actions required by law to be pertormed prior to the modification, approval and adoption of the Modified Redevelopment Plan and the Modified Tax Increment Financing Plans. 71 Page 2 — Resolution No. 1.05. The Council hereby determines that it is necessary and in the best interests of the City and the Authority at this time to modify, approve and adopt the Modified Redevelopment Plan and the Modified Tax Increment Financing Plans to reflect enlargement of the project area and increased project costs to be undertaken within Redevelopment Project No. 1. Section 2. Findinas. 2.01. The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the Modified Redevelopment Plan and Modified Tax Increment Financing Plans are necessary to assure the development and redevelopment of Redevelopment Project No. 1. 2.02. The Council hereby finds, determines and declares that the Mod�ed Redevelopment Plan and Modified Tax Increment Financing Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Modified Redevelopment Plan and Modified Tax Increment Financing Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of Redevelopment Project No. 1 by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. 2.04. The Council hereby finds, determines and declares that the approval and adoption of the Modified Redevelopment Plan for Redevelopment Project No. 1 and the Modified Tax Increment Financing Plans for the Existing TIF Districts by the City is intended and, in the judgment of this Council, its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Modified Redevelopment Plan and Modified Tax Increment Financing Plans. 2.05. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Modified Redevelopment Plan and the Modified Tax Increment Financing Plans. 72 Page 3 -- Resolution No. Section 3. Modification Approval and Adoption of Modified Redevelonment Plan. 3.01. The modifications to the Redevelopment Plan for Redevelopment Project No. 1, reflecting enlargement of the project area and increased project costs to be undertaken within Redevelopment Project No. 1, are hereby approved and adopted by the Council of the City. Section 4. Modification Approval and Adoption of Modified Tax Increment Financinq Plans. 4.01. The modifications to the Tax Increment Financing Plans for the Existing TIF Districts, reflecting enlargement of the project area and increased project costs to be undertaken within Redevelopment Project No. 1, are hereby approved and adopted by the Council of the City. Section 5. Filing of Plans. 5.01. Upon approval and adoption of the Modified Redevelopment Plan and the Modified Tax Increment Financing Plans (collectively the "Plans"), the City shall cause said Plans to be filed with the Commissioner of Revenue. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, THIS DAY OF , 1999� ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY JORGENSON - MAYOR 73 � � Cfi7 OF FRIDLEY TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 William W. Burns, City Manager ,,,(r� �r�� Barbara Dacy, Community Development Director December 9, 1999 SUBJECT: Resolution Authorizing Prepayment on Housing Loan Legal counsel has suggested that the City Council adopt a resolution authorizing the HItA to make prepayment on the housing loan. Counsel's opinion and suggested resolution is attached. The Authority will have passed its corresponding resolution on December 9, 1999. Recommendation Staff recommends the Council adopt the resolution as presented. M-99-301 74 RESOLUTION NO. -1999 RESOLUTION WAIVING PREPAYMENT PROVISIONS RELATING TO GENERAL OBLIGATION TAX INCREMENT NOTE, SERIES 1997 BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. On February 1, 1997, the City purchased from the Housing and Redevelopment Authority in and for the City (the "Authorit�i') its General Obligation Tax Increment Note, Series 1997 (the °Note"), in the aggregate principal amount of $1,500,000. Capitalized terms not defined herein have the same meaning as in the Note. 1.02. Under the terms of the Note, the Principal Amount is subject to prepayment at the option of the Authority in whole or in part on any Scheduled Payment Date, upon 30 days' prior written notice from the Authority to the Owner. 1.03. The Authority is desirous to prepay all or a portion of the outstanding principal balance of the Note in an amount not to exceed the outstanding principal balance of the Note prior to December 31, 1999, and has requested the City to waive the terms of the Note which require prepayment to occur on a Scheduled Payment Date upon 30 days' prior written notice. Section 2. Findinqs. 2.01. The Councit hereby finds that it is in the best interests of fie City and the Authority to waive the prepayment terms contained in the Note and to accept prepayment of the Note on any date without 30 days' prior written notice. Section 3. Approval and Direction. 3.01. This Council hereby waives the prepayment terms contained in the Note and will accept prepayment of all or a portion of the outstanding principal balance of the Note on any date without 30 days' prior written notice. 3.02. The City Clerk is hereby directed to provide a copy of this resolution to the Authority to evidence the City's waiver of the prepayment terms of the Note. E 75 Page 2 — Resolution No. -1999 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, THIS DAY OF DECEMBER, 1999. ATfEST: CITY CLERK MAYOR 2 LL•� CERTIFICATION I, Debra Skogen, the duly qualified Clerk of the City of Fridley, County of Anoka, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the day of December, 1999. Debra Skogen, City Clerk c:\w�uxa.\F\�mr�x\aa\�ocs\cxzr xesor.oriaa aa m�er,x�rrr.noc 7� KRASS MONROE, P.A. ATTORNEYS AT LAW ■ Pamela Franhim EmailpamlCa�Jvassmonroe.can www.lvassmonroe.com Diiect D/al (612) 885-4382 MEMORANDUM To: Cit�r of Fridley, Minnesota Attn: Barbara Dacy, Community Development Director From: Pamela Frantum, Development Analyst James R. Casserly, Esq. Date: December 9, 1999 Re: City Resolution to Waive Prepayment Provisions of General Obligation Tax Increment Note, Series 1997 Our File No. 9571-34 On February 1, 1997, the City purchased a General Obligation Tax Increment Note, Series 1997 (the °Note") from the Housing and Redevelopment Authority (the "Authorit�'). The Authority would like to prepay a portion of the Note from tax increment revenues generated from its Tax Increment Financing District Nos. 2 and 3, which statutorily must be spent before December 31, 1999. Under the terms of the Note, in order to prepay the Note the Authority must provide the City with a 30 day written notice of its intent, and prepayment can only occur on February 1 or August 1. By adopting the resolution, the City waives the written notice and payment date requirements of the Note, allowing the Authority to expend the revenues prior to the December 31, 1999 deadline. . If we can provide you with any additional information with respect to this issue, please do not hesitate to let us know. PJF/ G:IWPDATA�FIFRIDLEY134�DOCSWF TO BD RE WANER.DOC SURE 1100 SOUTHPOIM OFFICE CENITER • 1650 WEST 82ND STREET • BLOOMINGTON, IpNNESOTA 55131-1447 TELEPHONE 612B8r5999 • FACSIMILE 612/885�596'9 [t ' •J � � Cfl'Y OF FRIDLEY TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 y u William W. Burns, City Manager 1�(� ' 7 Barbara Dacy, Community Development Director December 9, 1999 SUBJECT: Resolution Authorizing Submission of the Comprehensive Plan to the Metropolitan Council The Metropolitan Council has requested that communities transmit by Council Resolution the proposed dra.ft of the Comprehensive Plan by December 31, 1999. The first public hearing on the Plan is scheduled for December 15 in front of the Planning Cominission. Because there are no additional regular meetings, a resolution has been proposed for Council action Monday evening in anticipation of completion of the draft. The Resolution does not approve the plan, just merely authorizes its submission. Additional hearings and changes are sure to be needed as the City moves through the process with the public and Met Council staff. Included in the Council's packet is the proposed Transportation Chapter and the Pazks and Open Space Chapter. Updates to the Land Use and Housing Chapters are in the process of completion, and new drafts will be provided to the Council as well in the neaz future. Recommendation Staff recommends the Council approve the attached Resolution as presented. M-99-299 79 Resolution No. —99 Resolution Authorizing Submission of the Comprehensive Plan WHEREAS, the 1976 Metropolitan Land Planning Act (MPLA) requires comxnuniries within the Twin Cities Metropolitan Area to develop and update once every 10 years a local comprehensive plan that includes elements as described in Chapter 473 Secrion 859 of the Minnesota Statutes including land use, public facilities and implementation strategies, and WHEREAS, Chapter 473 Section 175 of the Minnesota Statutes gives the Metropolitan Council the authority to review local comprehensive plans to determine their compatibility with each other and conformity with metropolitan system plans, and WHEREAS, Chapter 473 Secrion 864 Subdivision 2 of the Minnesota Statutes amended the MLPA in 1995 to require decennial reviews of local comprehensive plans to be completed by December 31,1998, and WHEREAS, the City of Fridley received an extension to this deadline pursuant to Chapter 473 Section 864 Subdivision 2 of the Minnesota Statutes in order to complete its comprehensive plan by December 31, 1999, and WHEREAS, the City of Fridley conducted "Planning Area" review meetings in 1997 to initiate the Comprehensive Plan process, and WHEREAS, the City held two "Vision meetings" in May and June of 1998, and WHEREAS, the City held several meetings between June 1998 and December 1999 in front of the Planning Commission for the purpose of drafting the updated comprehensive plan, and WHEREAS, the Planning Commission and City Council meetings are open to the public and televised on the City's local cable network, and WHEREAS, the City held an informarional meeting on November 18, 1999 regarding the updating of the plan, and WHEREAS, the Planning Commission held an official public hearing on December 15, 1999 pursuant to Chapter 462 Section 355 Subdivision 2 of the Minnesota Statutes to allow fom�al public comment on the Preface, Vision, Plan, Overview, Land Use, Housing, Parks and Open Space and Transportation portions of the draft comprehensive plan, and WHEREAS, pursuant to Chapter 473 Section 858 Subdivision 2 the City submitted the Vision, Plan Overview, Land Use and Housing portions of its draft comprehensive plan to adjacent local units of governxnent for review and comment on October 29, 1999, and WHEREAS, the Planning Commission of the City of Fridley after cazeful study and after its public heazing has recommended to this Council a comprehensive plan amendment for the City of Fridley, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the document as prepared by the Planning Commission pursuant to Chapter 462 Section 355 Subdivision 1 of the Minnesota Statutes entitled "The Comprehensive Plan" dated December 13, 1999 is hereby authorized for submission to the Metropolitan Council for its fornial review as the Comprehensive Plan of the City of Fridley. :1 BE TT FURTI�R RESOLVED, that upon receiving comments back from the Metropolitan Council within the allotted time frame as defined in Chapter 473 Section 175 Subdivision 2 of the Minnesota Statutes, the City Council will, at a regular meeting take formal action on the plan. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TffiS 13TH DAY OF DECEMBER,1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK : NANCY J. JORGENSON - MAYOR � � CR7 OF FRIDLEY DATE: TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 December 7, 1999 William W. Burns, City Manager��f� Barbara Dacy, Community Development Director SUBJECT: Consider Approval of Consultant Contract with Bonestroo, Rosene, Anderlik, & Associates for the Local Water Management Chapter, Comprehensive Plan Background As part of the request for proposal process for the Comprehensive Plan in 1998, the Local Water Management Plan was identified as an additional work task, which would be handled outside the original service contract. The contract amount with Hoisington Koegler Group Inc., for the original Comprehensive Plan is $60,000. The RFP process also stated that the successful proposer on the Comprehensive Plan would also be � responsible for completing this chapter under a separate contract. Bonestroo, Rosene, Anderlik, & Associates Inc., is under contract with Hoisington Koegler Group Inc., to complete the Utility and Transportation Chapters of the Comprehensive Plan in the original contract; therefore, they were asked to submit a proposal for the Local Water Management Plan. Proposed work The consultant has proposed a contract in a not to exceed amount of $12,000, plus reimbursable expenses. This amount is well within the budgeted amount for next year. The year 2000 budget contains a line item of approximately $20,000 to complete the work for the Local Water Management Chapter. Recommendation Staff recommends the City Council authorize the City Manager to execute a contract in a not to exceed amount of $12,000, plus reimbursable expenses with Bonestroo, Rosene, Anderlik, & Associates for completion of the Local Water Management Chapter of the Comprehensive Plan. BD\jt M-99-295 : December 8, 1999 Paul Bolin, Planner City of Fridiey Fridley Muniapal Center 6431 University Avenue NE Fridley, MN 55432 Re: Local Water Management Proposal Bonestroo Fle No. 617-99-101 Dear Paul: Thank you for selecting our firm for the preparation of a local water management plan for the City of Fridley. A professional servioes agreement for our services is provided in the form of this letter that, when signed, will beoome an agreement between the City of Fridley ("�ty'� and Bonestroo, Rosene, Anderlik & Associates, Inc. �'Engineer'�. Project Descripdon The ��Project," a local water management plan for the Gty, will assist the City in managing its water resources as well as meet wate�shed, Metropolitan Counal, and State requirements. Soope of Basic Serviaes The work indudes an initial draft report for Gty review, a final draft report for watershed and Metropolitan Counal review, and a final report. Time for one presentation to the Gty Counal or a public meeting is included. Basic Services are desaibed in more detail in Appenda A. Compensation For the Basic Services ou�ined in this Agreement, the Gty will pay Engineer on an hourly basis in accordance with the Billing Rate Schedule attached as Appendix C, not-to-exceed $12,000 plus Reimbursable Expenses without authorization from the �ty. Supplemental Services — defined as services authorized by the Gty and performed by Engineer staff, which are not induded in Basic Services, shall be paid for by the Gty on an hourly basis in accordance with the Billing Rate Schedule attached as Appendix C. Standard Terms and Co�xlitions The Standard Terms and Conditions attached as Appendix B are inoorporated in this Agreement. ******************************************* : Mr. Paul Bolin Fridley, MN December 8, 1999 page 2 Please have both copies of this letter agreement signed by the City and return one copy to me as our notice to proceed. If you have any questions, please contact Dan Edgerton (direct dial 651-604-4820). We appreciate the opportunity to continue our service to Fridley. Sincerely, BONESTR00, ROSENE, ANDERLiK & ASSOCIATES, INC By Marvin L. Sorvala, President Date C:\windows\TEMP�Fridley A1 104 SWMP.doc 84 ACCEPTED BY: CITY OF FRIDLEY, MN By Nancy J. Jorgenson, Mayor Date And by William W. Bums, Manager Date Appendix A Scope of Basic Services Task 1 — Kickoff Meeting Hold kickoff meeting with Ciry Staff (review scope, schedule, deliverables, and issues, and provide list of needed data). Task 2— Collect and Review Existing Data The plan will primarily be a compilation of existing information and studies. Information to be collected from the City includes: • Six Cities Watershed Management Organization, Second Generation Watershed Management Plan, 1997 • Rice Creek Watershed District, Watershed Management Plan, 1997 • Local surface water management ordinances pertaining to wetlands, erosion control, shoreland, floodplains, and overall surface water management (as available) • City 5-year Capital Improvement Plan • City Wetland Inventory • Maintenance costs for the surface water system • Pond maintenance schedule • Public education program • Storm sewer basemap (electronic file) Task 3— Prepare and Submit Initial Draft Report for City Review An initial draft report will be prepared and submitted to the City Council and Staff for review. Ten copies of the initial draft report will be submitted. The report will be in conformance with Watershed requirements, Met Council requirements, Minnesota Rules 8410, and Minnesota Statutes 1036. Elements of the report and primary sources of the necessary information are contained in the attached table. Task 4— Prepare and Submit Final Draft Report for Watershed and Met Council Review City review comments will be incorporated into a final draft repo�t. 25 copies of the final draft report will be submitted to the City for submittal to the Watersheds, Met Council, and other interested parties. Task 5— Respond to Watershed and Met Council Comments Following receipt of Watershed and Met Council review comments, appropriate responses will be developed, and a formal response letter will be submitted to the City for forwarding to the review agencies. Task 6— Prepare and Submit Final Report Watershed and Met Council review comments will be incorporated into a final report. 35 copies of the final report will be submitted to the City. Task 7— Presentation at City Council or Public Meeting One presentation will be made to the City Council or at a public meeting. This presentation could be at the initial draft stage, final draft stage, or following completion of the final repo�t, at the City's direction. C:\windows\TEMP\Fridley A1 104 SWMP.doc 85 A- 1 Report Elements and Primary Sources of Information Element _ Primary Source of Information Land and Water Resources Assessment of Problems Corrective Actions imp�ementation Program, Priorities, and Costs Map and Areas of Drainage Basins Outlet Flow Rates for Subwatersheds Pretreatment Levels Function and Value Assessment of Wetlands Local Stormwater Management Ordinances: Wetland Protection (including buffers), Erosion Control, Shoreland, Floodplain, overall stormwater Pond Maintenance Schedule or Program; S Water System Maintenance Costs Current Monitoring and Sampling Programs Water Quality Goals for Waterbodies Public Education Program Storm Sewer Basemao C:\windows\TEMP�Fridley A1 104 SWMP.doc : • City of Fridley; watershed City of Fridley; watershed City of Fridley; watershed City of Fridley; watershed Watershed Watershed Watershed Citv of Fridi of City of Fridl City of Fridl� City of Fridl� City of Fridl� City of Fridli ; watershed ; watershed ; watershed r_�a Appendix B Standard Terms and Conditions SECTION 1. ENGINEER'S SERVICES Engineer shall act as the Ciry's (`Owners") agent only as provided for within this Agreement. SECTION 2. THE OWNER'S RESPONSIBILITIES The Owner shall: 1) Provide full information as to its requirements for the Project. 2) 3) Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy of any planning, design and construction standards which the Owner shall require the Engineer to folfow in the conduct of its services for the Project. Place at Engineer's disposal all available written data in the possession of or readily available to the Owner and pertinent to the Project, including existing reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land-use, and zoning maps, borings and other data useful to the Engineer in the performance of its services. 4) Acquire all land, easements, and rights-of-way and provide for land surveys and the preparation of legal descriptions and exhibits, certificates or plats, as may be necessary for the Project. 5) Provide access to the Project site and make all provisions for the Engineer to enter upon public and private lands as required by the Engineer to perform its services. 6) 7) 8) 9) Examine all studies, reports, sketches, Opinions of Probable Constn.iction Costs, specifications, drawings, proposals and other documents presented by the Engineer and promptly render the Owner's decisions pertaining to each of such documents. Designate a single person to act as the Owner's Representative with respect to the Engineers services. Such person shall have complete authoriiy to transmit instructions, receive information, and interpret and define the Owner's policies and decisions with respect to services covered by this Agreement, subject to Owner's goveming body approval when required by law. Give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any defect in the Project or any development that affects the scope or timing of the Engineers services. Furnish, or instruct the Engineer to provide at the Owner's expense, necessary "Supplemental Services" as may be provided for in this Agreement, or other services as they may be required. 10) Furnish to the Engineer, as required by the Engineer for performance of its services, information or consultations not covered in the Engineer's Basic Services, such as core borings, probings and subsurface explorations; hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; property, boundary, easement, and right-of-way surveys and property descriptions; zoning and deed restrictions. 11) Fumish approvals and permits ftom all govemmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the work. 12) Fumish inspection or monitoring services as the Owner desires to verify that Contractor is complying with all laws or regulations and to verify that Contractor is taking all necessary safety precautions to protect persons and property, as the Engineer in this Agreement does not undertake to perform these services. In performing its services, the Engineer may rely upon the accuracy and completeness of all Owner-provided information. SECTION 3. COMPENSATION 3.1 Pavment for Reimbursable Expenses Unless otherwise provided, in addition to Engineering fees, the Owner will pay the Engineer for Reimbursable Expenses on the basis of the Engineers cost. Although not a complete list, examples of Reimbursable Expenses include: the costs of plotting drawings and the reproduction of drawings and specifications; project-specific printing, duplicating, tabs and indexes; testing; mileage; travel and per-diem expenses of the Engineer for out-of-town trips required for the Project; long distance telephone calls and faxes as required to expedite the work; the costs for cellular phone calls/service for Engineer's field personnel on a Project; project photographs taken before and during construction; construction stakes; postage and delivery charges; and out-of-pocket expenses incurced direcUy for the Project. 3.2. Obiections to Invoices/No Deductions It is important for the Engineer to be prompUy informed of problems. If the Owner objects to any portion of an invoice, the Owner shall notiiy the Engineer in writing within twenty days of the invoice's receipt. The Owner agrees to pay any undisputed portions of an invoice. No deductions shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other sums withheld from payment to contractors, except as may be determined by mediation, arbitration, litigation or other dispute resolution mechanism to which the Engineer is a party. 3.3 Suspension of Work If the Owner fails to make payments when due or otherwise breaches this Agreement, the Engineer may suspend work after providing five days notice to the Owner. The Engineer will not be liable for any costs or damages resulting from such a suspension of work. C:lwindows\TEMP\Fridley A1 104 SWMP.doc 87 &1 3.4. Pros�ress Pavments The Owner will make progress payments to the Engineer in proportion to services performed, as reasonably estimated by the Engineer. The Engineer will invoice the Owner monthly during the progress of the work. The Owner shali pay .each praperly documented invoice of the Engineer within 30 days after the Owne�'s receipt of such invoice. Owner may not reserve as retainage any portion of a payment due under this Agreement 3.5. InteresUCollection Costs The Owner agrees to pay the Engineer 1% per month interest on all invoices of the Engineer, with interest beginning to accrue 30 days after the date of the invoice. If the Minnesota Prompt Payment Act (Minn. Stat. Sect. 471.425) requires a higher rate of interest, that rate shall apply. If the Owner fails to pay Engineer all amounts owing pursuant to the terms of this Agreement, the Owner agrees to pay all costs of collection, including reasonable attomey's fees, in addition to all other amounts due under this Agreement. SECTION 4. GENERAL CONSIDERATIONS 4.1. Standard of Care The Engineer shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under like circumstances. Nothing in this Agreement, or otherwise prepared as a result of the Project, shall modify the foregoing standard of care. 4.2. Delavs Both the Engineer and the Owner will put forth reasonable efforts to complete their respective duties in a timely manner. Because the Engineer's performance must be govemed by sound professional practices, the Engineer is not responsible for delays occasioned by factors beyond its control or that could not reasonably have been foreseen at the time of of preparation of this Agreement.. 4.3. Opinions of Costs and Schedules Since the Engineer has no control over the cost of labor and material or over competitive bidding and market conditions, the Engineer's Opinion of Probable Construcfion Cost and of Project schedules can only be made on the basis of experience or qualifications as a professional Engineer. The Engineer does not guarantee that proposals, bids, actual Pro�ect costs or construction schedufes will not vary from Engineers opinions or estimates. If the Owner desires greater assurance as to the anticipated Construction Cost of the Project, the Owner shall employ, or instruct the Engineer to provide as a Supplemental Service, an independent cost estimator. 4.4. Insurance 4.4.1. The Engineer agrees to maintain a professional liability insurance policy for negligent acts, errors or omissions in an amount of at least $2,000,000 annual aggregate, on a claims-made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in effect. The Engineer will not cancel the insurance until thirty days after providing the Owner written notice. 4.4.2. The Engineer shali maintain: 1) Statutory workers compensation and employers' liability insurance coverage. 2) Comprehensive general liability and automobile liability insurance coverage in the sum of not less than $1,000,000 each. 4.5. Use of Instruments of Service Documents (including Digital Data) prepared by the Engineer, such as drawings, specifications and reports ("Engineering Documents") are instruments of the Engineer's professional services, and not products. The Engineering Documents are prepared for a specific Project, and may not be used for other Projects. For health and safety reasons, the Owner agrees it will not use the Engineering Documents (except for computer hydraulic or hydrologic modeling data) for other purposes or provide them to other persons. If the Owner violates this provision, it waives any resulting ciaims against the Engineer, and agrees to defend and indemnify the Engineer from any resulting claim or liability (including reasonabie attomeys' fees). 4.6. Dis�ital Data 4.6.1. If included in Basic Services or Supplemental Services and as a convenience to the Owner, the Engineer will furnish the Owner with electronic data versions of certain drawings or other written documents ("Digital Data") Rrovided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data, the hard copy document govems. The Digital Data shall be prepared in the current software in use by the Engineer and is not warranted to be compatible with other systems or software. 4.6.2. Any Digital Data submitted by the Engineer to the City is submitted for an acceptance period of 60 days ("Acceptance Period"). Any defects that the City discovers during this period and reports to the Engineer will be corrected by the Engineer at no extra charge. For correction of defects reported to the Engineer after the Acceptance Period, the City shall compensate Engineer on an hourly basis at Engineer's billing rates set forth in Appendix C.. The City understands that the Digital Data is perishable and the City is responsible for maintaining it. 4.7. Termination, Susaension or Abandonment 4.7.1. The Owner or the Engineer may terminate or suspend this Agreement for substantial non-performance by the other party, including without limitation the failure to make payments in accordance with this Agreement. The party terminating or suspending this Agreement shall give seven days written notice to the other party. 4.7.2. If the Project or the Engineer's services are suspended for more than 90 days, the Engineer may terminate this Agreement upon seven days written notice to the Owner. The Engineer shall have no liability on account of a suspension by the Owner. If a suspended Project is reinstated, an equitable adjustment to the Engineer's compensation may be necessary. 4.7.3. In the event of termination or suspension permitted by this Agreement or abandonment of the Project by the Owner, the Owner shall compensate the Engineer for services C:lwindows\TEMP\Fridley A1 104 SWMP.doc 88 �2 performed prior to termination, suspension or abandonment and for services directly attributable to the termination, suspension or abandonment itself, together with Reimbursable Expenses. If the Owner properly terminates Engineer for cause, Owner may withhold from Engineer's compensation those damages directly attributable to the cause of the termination. 4.8. Dispute Resolution 4.8.1 In an effort to resolve any conflicts that arise out of the services under this Agreement, all disputes between the Owner and the Engineer arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencing arbitration or litigation. 4.8.2 Unless the Owner and the Engineer mutually agree othervvise, all claims, disputes, and other matters in question arising out of or relating to this Agreement which are not resotved by mediation and where the amount in controversy is less than $200,000, shall be decided by binding arbitraGon in accordance with the then-most current Construction Industry Rules of the American Arbitration Association. The arbitrators will not have jurisdiction, power or authority to consider any claim or dispute where the amount in controversy is more than $200,000 (exclusive of interest and costs) or when the demand for arbitration is made after the date when a court action would be barred by any applicable statute or period of repose or limitations. 4.8.3 In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff time, court costs, attomey's fees and other related expenses. 4.8.4. If the Engineer or the Owner intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible, and in any event prior to resolving the dispute with the third PartY• 4.8.5. So that any claims of the Owner may be intelligently addressed by the Engineer, the Owner agrees to make no claim for professional negligence against the Engineer unless the Owner has first provided the Engineer a written certification signed by an independent design professional licensed in Minnesota and currently practicing in the same discipline. The certification shall specify every act or omission of the Engineer that is a violation of the applicable standard of care and the basis for the certifier's opinion(s). This certificate shall be provided no fewer than 30 days prior to instituting arbitration or suit. 4.8.6. Causes of action between the Engineer and the Owner relating to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion of a Project. 4.9. Hazardous Substance The Engineers scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a Project that may affect the Engineer's services, the Engineer may suspend performance of its services, without liability, and will assist the Owner to retain appropriate consuftants to adequately identify and abate such materials so that Engineers services may resume. 4.10. Governin� Law This Agreement shall be governed by the laws of the State of Minnesota and any dispute not subject to arbitration shail be venued in the state or federal courts in Minnesota. 4.11. Inte�ration This is an integrated Agreement and it supersedes all prior negotiations or agreements between the parties. It shall be modified only by a written document signed by the party sought to be bound. The provisions of this Agreement are severable, and if any provision is found to be unenforceable, the remaining provisions continue to be valid, and the unenforceable provision shall be reformed, with a valid provision that comes as near as possible to expressing the intention of the unenforceable provision. 4.12. Assis�nment Except for the Engineer's use of necessary consultants, the Engineer and the Owner shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. 4.13. Ens�ineer's Services In performing professional engineering and related services, the Engineer is not engaged in rendering legal, insurance, or accounting services or advice. The Owner agrees that documents prepared by the Engineer, including reports, bidding materials, and form contracts will be reviewed by the appropriate representative of the Owner, such as the Owners attomey, insurance counselor or other consultants, to the extent that Owner deems necessary to protect its interests. SECTION 5. LIABILITY Having considered the potential liabilities that exist during the performance of the Engineers services, the benefits of the Project, the Engineers fee for its services, and the promises contained in this Agreement, the Owner and the Engineer agree that risks should be allocated in accordance with this section, to the fullest extent permitted by law. 5.1 Indemnlflcation The Engineer and the Owner each agree to defend and indemnify each other from liability for claims, losses, damages or expenses (including reasonable attomey's fees) to the extent they are caused by their negligent acts, errors or omissions relating to this Agreement. In the event the claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Engineer and the Owner, they shall be bome by each party in proportion to its own negligence. 5.2 Limitation of Liability The Engineer's and its employees' aggregate liability to the Owner for any and all claims, losses or damages arising out of any Project or this Agreement for any cause shall not exceed the insurance proceeds available at the time of settlement or C:\windows\TEMP\Fridley A1 104 SWMP.doc 89 &3 judgment. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 5.3 Consequential Damages Neither the Owner nor the Engineer shall be liable to the other for any consequential damages incurred due to the fault of the other or their agents. Consequential damages include, but are not limited to, loss of use and loss of profit. C:\windows\TEMP�Fridley A1 104 SWMP.doc 9 o B-4 Appendix C 2000 Billing Rate Schedule C:\windows\TEMP�Fridley A1 104 SWMP.doc g � C- 1 ` AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, F� °� 1999 TO: William W. Burns, City Manager �� FROM: Barbara Dacy, Community Development Director DATE: December 9, 1999 SUBJECT: Section 8 Administrarive Services Contract Background The Metropolitan Council has revised its Administrative Service Contract for the Section 8 tenant-based assistance programs in consultation with the Section 8 Community Liaisons. Pat Wolfe, the City of Fridley's representative, also provides Section 8 services for the Cities of Spring Lake Park and St. Anthony. The Metropolitan Council receives funds from the Department of Housing and Urban Development to disburse to "contractors" (Met Council's term for the Cities) in the metro area to administer the Section 8 program. Proposed Contract The proposed contract will increase the administrative fee received by the City from $20.74 per-unit-month to $24.36 per- unit-month. The fee increase will also be applied retroactively to cases handled since June 1, 1999. The contract continues to offer the "enhanced services" option for local Section 8liaisons if they choose to provide additional services in the local area that Metro staff typically provides. Met Council will pay an additional fee for these services. To-date, the current Section 8 Liaison has not elected to provide these services due to work volume, but this : option is supported by staff for future flexibility. Recommendation A copy of the proposed contract is in the packet; and in fact, it is a copy of the contract with Carver County! The Fridley contract is in the process of being sent to the City, and due to the timing of the Council agenda, was not available from Met Council. Staff recommends Council approval, and when the Contract is received will be placed in the Mayor and Manager's signature files. M-99-298 92 City of Fridley TO: William W. Burns, City Manager �y �� FROM: John G. F1ora,�Public Works Director DATE: December 1, 1999 SUBJECT: Snow Plan PW99-193 We kicked off our winter snow plowing program on Wednesday, October 20, 1999, with the Public Works snow meeting/lunch. All personnel were notified of their azea of responsibilities and a review of last year's policy and procedures were presented - Attached is the FIL norice informarion that we will provide for each snow event as well as a review of our emergency snow removal procedure for any major event and a recap of our redline streets which are plowed first, our 10 snow plowing districts, our six sanding districts and a layout for the emergency snow plan if it is to be implemented. All of our current employees have had at least one yeaz of experience so we anticipate that this yeaz's snow plowing problems should be minimized. Enforcement of the new winter parking policy is to become effective January 1, 2000. Notices have been placed on vehicles parked on the street since October. Any snow event prior to January 1, 2000 will be enforced. To ensure the Ciry has a reasonably defensible snow removal plan, I would recommend the City Council adopt this plan by motion for 1999 - 2000. JGF:cz Attachments 93 SNOW RENIOVAL OPERATIONS POLICIES AND PROCEDURES T'he Fridley Public Works Department is engaged in a continuing effort to provide improved snow removal services, and yet keep expenses in balance with the current budget appropriarion. For street snow removal, the City currently is operating six dump trucks. One of the six trucks is equipped with an underbody plow and a one-way plow. Five trucks are equipped with a one-way plow and wing plow. All six of the trucks are equipped with sanders. We also use two 1-ton 4x4 plus our two pothole patchers for snow removal. Each has a one-way plow and the pothole patchers have an underbody plow. Also, in addirion to the trucks, the Ciry operates three front end loaders with a one-way plow and wing. An MTS sidewalk snowplow is used to plow the sidewalks and is augmented with our Excel Hustler (lawn mower) blower. Also four 4-wheel drive pickup trucks aze used to plow cul-de-sacs, dead-ends, improved alleys and municipal pazking lots. The Public Works Director and Superintendent of Public Works have overa.11 responsibiliry for snow and ice control operarions. The Street Supervisor has direct responsibiliry for supervising the day-to-day operations, such as determining when to call out manpower, equipment needs, ordering materials, etc. The Street Supervisor, along with the Superintendent, utilizes weather services and reports, police reports, citizen input and consults with the Director when necessary to determine when to iniriate the snow plowing operarion. Our policy is to begin snow removal operations after the snow storm has subsided, normally in the eazly morning hours. However, if the storm ends in late evening, the crews are called out in an attempt to cleaz redline collector routes by morning rush hour. If a storm is predicted to last unreasonably long, or heavy accumulations appeaz imminent, full snow plowing aperarions begin on the redline collector routes in eight districts when accumulations become hazardous for driving. Based on different storm situations and severity levels, the starting time frames are flexible. For blizzazd or high wind storms, plowing does not commence until the storm subsides. For econamy purposes, weekend snow storms will be reviewed for impact and delay in starting dmes to minimize overtime costs. Whenever ice or slippery conditions develop, sanding crews aze dispatched to the six sanding districts (see attachment A- Sanding Districts). Sand and salt mixtures aze spread over ice or slippery areas. The sand provides an abrasive to help melt the ice. We aze currently using straight salt in the Melody Manor, Rice Creek Terrace and Christie neighborhoods, to evaluate its effecriveness and economy. Salt is less effecrive below 20 degrees F. The Public Works "on call" employee upon norification of slippery condirions by the Police Department is authorized to respond with up to two additional personnel to sand or salt slippery areas. If more personnel are needed, the "on call" employee will norify the Public Works Superintendent or Street Supervisor of the need for additional personnel. When snow removal operarions begin, redline collector routes are plowed first. (See Attachment B- Redline Collector Routes map). It takes approximately 4 to 6 hours (depending upon the snowstorm) to complete these routes. These streets have been declazed redline routes because they a11ow residents and emergency vehicles faster and better access to the highways and into all azeas of Fridley. The City is divided into ten snow plowing districts after the redline collector routes aze plowed. (See Attachment C- Snow Plowing Districts map). In each district, there are four alternaring starting points. After each snow, the starting points will change. It takes approximately 6 to 8 hours to complete snow plowing operarions on the remaining streets. This results in providing clean, safe streets 12 to 16 hours after an average snow storm. There are 86 cul-de-sacs and 35 dead-end streets in Fridley. It takes considerable time before the smaller and specialized equipment can complete the cul-de-sac areas. A snowplow may complete the regular street and a portion of the cul-de-sac area. The major poriion of the cul-de-sac will be plowed by the special equipment within the total rime of the snow plowing operarion. Concurrent with the plowing of the streets and cul-de-sacs, the sidewalks, improved alleys and municipal pazking lots are also plowed. We do not plow bikeways or asphalt paths, we only clear concrete sidewalks. ��T .l Cl.._� Cleanup operarions begin on the next normal working day after the snow removal operations have been completed. This includes cul-de-sac clearing and hauling, intersecrion clearing, sidewalks, traffic light areas, bus stops, and winging back on boulevards The snowbird vehicles parked on streets during a snow storm create problems for snow removal operarions. City ordinance prohibits vehicles from parking on Ciry streets during snow removal aperarions. Drivers report snowbirds to the Police Department. Depending on available police personnel, tickets are issued, if the vehicle is not removed. Vehicles that are blocking the street are towed away. Snowbirds that aze srill pazked when cleanup operations begin are towed and impounded under the direction of police personnel. The past nine yeazs, Park Construction, has supplemented the City of Fridley's plow crews in lndustrial Districts 2 and 4 with graders. We will use them again this year. For a major storm, over 9 inches, our alternate plan comes into effect. The City is sectioned into 9 districts (see Attachment D- Major Snow Event) and the personnel are established into two 12 hour shift crews. The redline streets aze plowed first and then the remaining streets in the district aze plowed. The major difference is only one pass is made down the ccnter of each street initially. Once all streets aze opened, the crews then go back and start clearing the roads full width. This continues until all the streets are cleared by rotating the crews through their shifts. MnDOT is responsible for clearing TH 47 (University Avenue), TH 65 (Central Avenue) and I-694. Their policy is black pavement and nm teams down the highway as the snow storm progresses. Anoka County plows East River Road, the 44th Street bridge, Main Street to 57th, 57th to Universiry, 49th between Main Street and Universiry, Mississippi Street, Osbome Road, 85th and Old Centra.l. The County also varies its starting points and attempts to clear to black pavement. 12/99 c:�cnyfiles\�ow�snow policy-procedures 95 5NOWPLOWS ASSIGNED TO PLOWING DISTRICTS -1999-2000 5EASON District #1 - 786-'89 Case Loader w/wing District #2 - 792-'97 Ford Dump Truck w/wing District #3 - 775-'93 Ford Tandem Dump w/wing District #4 - 774-'96 Case Loader w/wing Kottsick District #5 - 795-'99 JD Loader District #6 - 727-'91 Ford Potpatcher District #7 - 783-'87 International Dump w/wing District #8 - 725-'92 Ford Dump w/wing District #9 - 791-'95 Ford Dnmp District #10 - 789-'90 Ford Dump w/wing South Industrial Area #782-'86 Ford Potpatcher North Indnstrial Area Red Denotes Snow EmerEency Routes Black Denotes Snowplowin� Districts Supervisor: Ken Holmstrom Plowing.,Assignments for Snow Emergen� Routes North Area 792, 789, 786 East Area 791, 775 Central Area 774, 725, 795, 782 West Area 783, 727 Jeff Jensen Mike Stalboerger Gary Ellestad Greg Craig Turbak Kory Jorgensen Pete Gunderson Mike Graves Angie Taylor Buddy Zurbey Gary Bulman Park Constrnction Equipment Responding to 5now Emer�. 3 Front end loaders w/one-way plows & wings 1 Dump trnck trnck w/one-way plow & underbody plow 5 Dump trucks w/one-way plows & wings 1 Sidewalk plow & snowblower 4 4x4 vehicles 2 One ton truck 4a4 2 Potpatcher w/one-way plow & underbody plow Alleys. Cul-de-sacs, & Intersections• Alleys & Area 1 781- Robert Small 523 - Mark Schulte Area 2 510 - Keven Becklin Area 3 528 - Ron Fields 724 - Garry Volk Intersections 729 - Jason Wiehle Sidewalks 760 - Bruce Koopmeiners 9-27-99 h:\myhles\snow�plowdistdoc • � MUNICIPAL CENTER MESSAGE SNOW PLOWING FORMAT 1. A snow emergency has been declared and snow removal operations started at hours. 2. The collector redline streets have been cleared as of hours and the snow plowing in our 10 districts has commenced at starting alternate point Na 3. The Public Works Department has completed one half of the district plowing at hotus. We aze continuing work and expect to complete the snow clearing operations at hour. 4. Street and a11ey snow removal operations were completed at hours. Sidewalk and intersection and cul-de-sac clean up work (continues) (will commence at hours). This effort should be completed by hours. 5. Snow removal activities associated with the storm of are completed. h:�ttyfiles\snow\emergency Mess 97 0 � � .� �0 \ �� , � � � J �v I - � _ Cl� Of FRIDLEY SA►NDING DISTRICTS �r. .�..�..■�...�t- ��•.�� \ �� s"�x .a� — --__ � i :c 3'. � ,E' ti` . .. . .. .....,.: . . i ...-, - — - - , � J . ] � iel �. .��.� � �\\C� 1 �I .i�� • /!r . �� = 1 ►�— � r� �- �� D �`'' I � ;�, � �c a �� D N ' "� L d � W E ° ,' L s =s�' �� a �� .:� S '� ., � o i000 o i�`moo 300o a000 4 p. � � MAP DATE: OCPOBIIt 1998 � � r , �.��`� ■ ,� �-�o � � � �'�� aea.o ■�� ' � � / I� � . 1 � � i ;, ' ` III illll � '� �� ilE�� ' � _ � %�� !J�i�� —'` �/� ' _ '� II II u�=1� ■ � ,,:,,,... _ � ►.� �� .�� , � -� Sanding Districts 0 Distt�ict 1 0 District 2 0 District 3 0 District 4 0 District 5 0 District 6 LEGEND p s�aa� a��c B«�a�;� o ��.�f�y . 0 Paroel Boundanes � Wata F�ures s«.�: City of Fridley Public Worlcs City of Fri�ey Fa�ginae�ir►g ea City of Fric�ey QS Arioka Co�mty GLS :i�� — � t� � ��:: ' '� f,. 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I �, ��I�: � � � �. � �t �� : � � ; .. �' �`` ` 0 District 3 � �;� District 4 C �T� SmEWALKS Osborne Road South side Commerce Lane to Old Central Mississippi Street North side, Stinson Boulevard to East River Road South side, East River Road to Old Central Monroe Street, &om Mississippi to 67�' Avenue 7�' Street, west side from Mississippi to 63�d 7`� Street, east side from 63`� to 61S` 61 s` Avenue North side, Main Street to Highway 65 South side, Main Street to just east of Seazs Outlet Store Easements north to 61g` Between Stazlite and Trinity Between Rainbow and Sunrise 7`� Street from 61� to 59t° 53� Avenue north side from Learning Tree to Menazds Highway 65 east side, from 53rd to 52"� 57`� Avenue north side Universiry west to 53rd University East Service Drive from 5'7`t' Avenue to Mississippi 5`� Street east side from Mississippi to 63`� Fourmies Avenue between 5ervice Drive and 5�' Street 63rd Avenue north side between University Service Drive and 7�' Street University east side bikeway between Mississippi and 69'� Avenue West Moore Lake Drive in front of high school Walkway path behind high school and Little League fields Easements west side of East River Road Between 62� Way and River Edge Way River Edge Way to Stevenson School East River Road west side from Stevenson School to River Edge Way East River Road west side from Osbome Road to Lafayette Street h: �myfiles\snow\sidewalks 101 PRIORITIES ON SIDEWALK PLOWING 1. Mississippi Street from University Avenue to Highway 65 2. 7�' Street, from Mississippi to 61s` 3. 61" from University to Highway 65 4. Mississippi Street, from University Avenue west to East River Road, then to the two walkway easements off Rivers Edge Way for Stevenson School; 5. Osborne Road from University Avenue to Highway 65 6. 7�' Street, 61" south to 59`� 7. Hayes School on Monroe, from Mississippi to 67�' 8. Mississippi Street, from East River Road to Central Avenue, south side � 9. 5`� Street, from Mississippi to 63`�, then to University Avenue Service Road to 57�' 10. 61°`, University Avenue west to Starlite, both sides, also two walkway easements from Starlite to Trinity 1 l. 61" from University to Moore Lake Commons on south side 12. 53`� from Target to Menards 13. Highway 65 from Ground Round to Twin City Federal 14. East River Road from Osbome Road north to Lafayette Street west sid� h:\myfiles\enow\sidewalk prioritiea 102 '�� I �'rr �` _.' �,' ' o 1� E'?5 ��=1== EMERGENCY SNOW REMOVAL PROCEDURES 1. We differentiate between a"normal snowfall" and what we would cali an "emergency snowfall." A"emergency snowfall" is a snowfali of 9 inches or more that is projected to fall within a 24 hour period. 2. When there is a projection of an emergency snowfall, the snow plowing procedure will begin when there is 6 inches of snow on City streets. The Police Department will have the responsibility for notifying the Public Works Department of the existence of 6 inches of snow on the streets. 3. Once the plowing for an emergency snowfall has been decided, Public Works� employees will be divided into two 12-hour shifts beginning at the time they are called out. 4. Each shift will consist of eight employees who will operate five dump trucks and three front- end loade�s. Each group of eight employees will be assigned to one 12-hour shift. In addition to the eight employees assigned to each shift, another employee shall be assigned as needed to address paRicular problems. He may, for example, be assigned to digging out cul-de-sacs, plowing sidewalks, and plowing City parking lots. The storm and/or any other circumstances suROUnding the storm will dictate the use of any additional employees. These employees will also be available to assist the Potice and flre Department with emergency operations (i.e., police calls, medical and fire emergencies). 5. The Police Department will take the primary responsibility for responding to questions from citizens. It was agreed that the Police Department personnel will be updated approximately every two hours. Personnel will keep maps and be responsible for plotting the progress of the snow removal crews as reported. 6. The Public Works Superintendent has the responsibility for updating the recording machine on a remote basis. Paul will provide information indicating the progress and general location of the City's snowplows to provide callers with infonnation regarding the City's snow emergency operation. 7. As the plows are working during a major snowfall, they will make an initial pass in each direction through redline streets and then residential streets. Efforts toward plowing curb to curb will not be made until all streets have been opened to traffic. It is understood that there will be difficulties with cul-de-sacs and driveways being plowed shut on a number of occasions and with cars being parked on the streets. h:\mytiles\snow�snow removal procedures 104 � � h� � . � � v � d- � �. � . `�G . . 1 . � _ � _ ��' . � `� � � � � .� - - --� - - � . . . . � o - - --. --- -- _ _ . . . � .___._ _ . _..-- -_ _ . __ _ _� ----- . - . __. _ _� -- - . . : \ vJ - - --• _ . . . . _ . . .. . � v �� -- --- - ._ ... .-- �-�--- - � �---� _ ._.,...__ __. .. -- -- -- - -: - - �' _.. . '..-F2 -_. -- - � 1 J.. . ..... _ _ . .---- -- - - -- .. ____.... .�_...._.�_...- ---. _ _ .. ---. •`----� --- .. _. _._. . � • - --� • �- • : - - - -- - . - ' .� . - -� . ._ . . - - � � • � � � . . . _ � . . _ _._ _ . .. � . . . .-- - � . . � . . - .--: ..- : - --=- -� -- -- -� e - �.---- --.--- �. �--� - - - --v - - � . . _ . . _ _._ _... z . : _ .. � . �? _._ _ _.-----�--- - � - -- _. _ .. � : � � _ .. _ _... .. _z_.._ ;..._ � .Q .__. �...- -- ---..---��-- - - - . . � � : �, - J � . . � . h '�. � - - - � - � � - - � � � � � � � � � � ' � � � . a �' � a1 Q � 2 �' � � � Q 0 � � � . � � � , � �- � � �, � �.i � \' \` � "il � ; y � � , � C? � v � � > r � � VJ � � � � O Q � , � � � � V � 0 S rz � � � � � 105 SNOWPLOWING ASSIGNMENTS for SNOWS OF 9" OR MORE NOTE: Crews will consist of 10-ll�men, plus mechanics, in 12- hour shifts . Area 1: Unit 791-Ford dump no/winq Area 2: Unit 775-Ford tandem w/wing Unit 786-Case loader w/winq Area 3: Unit 789-Ford dump w/wing Area 4: Unit 725-Ford duanp w/wing Area 5: Unit 783-Int. dump w/wing Area 6• Unit 792-Ford dump w/wing Area 7: Unit 795-JD loader w/wing Area 8• Unit 786-Case ldr. w/wing Unit 774-Case ldr. w/wing Auxiliary Crew: Mechanics: 9-28-99 C:�STREETS�SNOWPL.ASN TEAM A Angie Taylor Gary Ellestad Bud Zurbey Mike Graves Pete Gunderson Mike Stalboerqer Craiq Turbak Jeff Jensen Gerry Long Bruce Koopmeiners Mark Foster 106 TEAM B Ron Fields Keven Becklin Jason Wiehle Kory Jorqensen Robert Small Gary Bulman Garry Volk Greg Kottsick Mark Schulte Phil Perron Mark Kluge Kelly Odenthal �x_ J�: '"1'. � `, � � �, %�, � ��:�.F', � n -� `�►�':� � L cmr oF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 William W. Burns, City Manager Richard D. Pribyl, Finance Director Deb Skogen, City Clerk December 8, 1999 CLIMB- Charitable Gambling Premise Permit Renewal Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The CLIMB Theater is currently conducting charitable gambling at AMF Bowling Centers dba Maple Lakes located at 6310 Highway 65 NE. Their Charitable Gambling Premise Permit expires on February 29, 2000. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective March 1, 2000 and expire February 28, 2001. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise pernut renewal by adoption of the attached resolution. 1' •� RESOLUTION NO. -1999 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR CLIMB THEATER WHEREAS, the City of Fridley has been served with a copy of an Applicarion for a Minnesota Lawful Gambling Premise Permit for the CLIMB T'heater, and WHEREAS, the location of the Premise Permit is for AMF Bowling Centers dba Maple Lanes located at 6310 Highway 65 and will be effective from March 1, 2000 to February 28, 2001; and WHEREAS, the City of Fridley has found no 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 Applicarion for the CLIMB Theater at AMF Bowling Center dba Maple Lanes located at 6310 Highway 65. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13rn - DAY OF DECEMBER 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 109 NANCY J. JORGENSON - MAYOR / f CRY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 William W. Burns, City Manager^�� ,��— o'I Richard D. Pribyl, Finance Director De6 Skogen, City Clerk December 8,1999 Fridley Lions Club - Charitable Gambling Premise Permit Renewal �Toe Dimaggios,1298 East More Lake Drive Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley Lions Club is currently conducting charitable gambling at Joe Dimaggios, 1298 East More Lake Drive. Their Charitable Gambling Premise Permit expires on February 29, 2000. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise pemut would become effective March 1, 2000 and expire February 28, 2001. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 110 RESOLUTION NO. -1999 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A 1VIINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY LIONS CLUB (JOE DIMAGGIOS) WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Pernut for the Fridley Lions Club; and WHEREAS, the location of the Premise Permit is for Joe Dimaggios Restaurant, 1298 East Moore Lake Drive and will be effective from March 1, 2000 to February 28, 2001; and WHEREAS, the City of Fridley has found no 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 Application for the Fridley Lions Club at Joe Dimaggios located at 1298 East Moore Lake Drive. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13tn - DAY OF DECEMBER 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 111 NANCY J. JORGENSON - MAYOR � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 To: William W. Burns, City Manager ��,� /`i�� From: Richard D. Pribyl, Finance Director Deb Skogen, City Clerk Date: Re: December 8,1999 Minnesota Youth Athletic Services Charitable Gambling Premise Permit Renewal �horewood Restaurant, 6161 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Minnesota Youth Athletic Services (MYAS) is currently conducting charitable gambling at Shorewood Restaurant, 6161 Highway 65 NE. Their Charitable Gambling Premise Permit expires on December 31, 1999. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective January 1, 2000 and expire December 31, 2001. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 112 RESOLUTION NO. -1999 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR NIINNESOTA YOUTH ATHLETIC SERVICES (SHOREWOOD RESTALTRANT� WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Pernut for the Minnesota Youth Athletic Services (MYAS); and WHEREAS, the locarion of the Premise Pernut is for the Shorewood Restaurant, 6161 Highway 65 Northeast and will be effective from January 1, 2000 to December 31, 2001; and WHEREAS, the City of Fridley has found no 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 Pernut Application for the Minnesota Youth Athletic Services at Shorewood Restaurant located at 6161 Highway 65 Northeast. PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS 13�' ` DAY OF DECEMBER 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 113 NANCY J. JORGENSON - MAYOR � f CfTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 William W. Burns, City Manager �� Y Richard D. Pribyl, Finance Director Deb Skogen, City Clerk December 8,1999 Fridley VFW Post 363 - Charitable Gambling Premise Permit Renewal Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley VFW is currently conducting charitable gambling on their premises located at 1040 Osborne Road. Their Charitable Gambling Premise Permit expires on February 29, 2000. T'he renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective March 1, 2000 and expire February 28, 2001. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 114 RESOLUTION NO. -1999 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A NIINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY VFW, POST 363 WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Pernut for the Fridley VFW, Post 363, and WHEREAS, the location of the Premise Permit is for their premises located at 1040 Osborne Road and will be effective from March 1, 2000 to February 28, 2001; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, TI�REFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Fridley VFW Post 363 on their premises located at 1040 Osborne Road. PASSED AND ADOPTED BY THE CITY COUNCIL OF TF� CITY OF FRIDLEY THIS 13�' ` DAY OF DECEMBER 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 115 NANCY J. JORGENSON - MAYOR � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 To: William W. Burns, City Manage�,�(!�' Y From: David H. Sallman, Director of Public Safety Date: 12/09/99 Re: Resolution Attached is a copy of the resolution needed to designate the Director of Public Safety as the authorized person for executing agreements. This is in connection with the grant we have been awarded from the Offioe of Drug Policy and Violence Prevention in the Minnesota Department of Public Safety. The amount of $10,000 will pay for officer overtime in the year 2000. - 116 RESOLUTION , 1999 RESOLUTION AUTHORIZING EXECUTION OF AGR$EMENT Be it resolved that the City of Fridley enters into a cooperative agreement with the Office of Drizg Policy and Violence Prevention in the Minnesota Department of Public Safety for the project entitled COPS Overtime/Officer Replacement during the period from January 1, 2000 to December 31, 2000. The Director of Public Safety is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Fridley. PASSED AND ADOPTED BY THI3 CITY COUNCIL OF THE CITY OF FRIDLLY, MINNESOTA, THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 117 NANCY J. JORGENSON - MAYOR a / � GTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 Name Position Sandra Accounting/ Hara Data Processing Clerk (Purchasing & Utility Billing) Todd Head Liquor Ratcliff Store Clerk Non-exempt Gregory Head Liquor Zurbey Store Clerk Non-exempt Appointments Starting Salary $11.83 per hour $10.62 per hour $10.62 per hour : Starting Date Replaces Dec 7, Jeana 1999 Allen Nov.22, New ' 1999 position Nov.22, New 1999 position � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 13, 1999 CRY OF FRIDLEY Claims 90485 - 90875 119 � � CRY OF FRIDLEY LICENSES CITY COUNCIL MEETING OF DECEMBER 13, 1999 LICENSES Type of License GAS SERVICES Ace Mechanical Services Inc 4820 Lexington Ave Ham Lake MN 55304 GENERAL CONTRACTOR-COMMERCIAL Forschen & Petersen Co Inc 1912 4 Ave Anoka MN 55303-2407 RAW Remodeling 7808 Aster Dr Brooklyn Park MN 55428 RJM Construction Inc 3531 Nevada Ave N #200 Minneapolis MN 55427 � Jim Harvey Walter Forschen Rick Wandersee Robert Jossart GENERAL CONTRACTOR-RESIDENTIAL Anderson Kevin E�eriors (6058) 6621 157 Ave MW Ramsey MN 55303 Kevin Anderson Heiderscheid Bros Construction Inc(20060354) 13025 Hwy 65 NE Blaine MN 55434 Michael Heiderscheid Hennen James Contractor (2385) 5007 28 Ave S Minneapolis MN 55417 Sammy's Construction Co (20183207) 12303 Evergreen St NW Coon Rapids MN 55448 Schweich David Construction (3607) 17160 Hamilton Dr Lakeville MN 55044 HEATING Ace Mechanical Services Inc 4820 Lexington Ave Ham Lake MN 55304 James Hennen Kirby Gobernatz David Schweich Jim �r� LV Approved By: RON JULKOWSKI Building Official RON JULKOWSKI Building Official Same Same STATE OF MINN Same Same Same Same RON JULKOWSKI Building Official L I C E N S E S(CONTINUED) Type of License TREE REMOVAL AND TREATMENT Central Minnesota Tree Service 144 Satellite Lane N.E. Fridley, Minnesota 55432 � James Saure 121 Approved By: Paul Lawrence Fees: $40.00 : ESTIMATES CITY COUNCIL MEETING OF DECEMBER 13, 1999 cmr aF FRIDLEY Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza O�ce Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of September, 1999 ..................................... $ 16,604.80 Services Rendered as City Prosecuting Attorney for the Month of October, 1999 ...............................:......... $ 17,560.00 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 0 Services Rendered as City Attorney for the Month of November, 1999 .................................................... $ 5,000.00 122 �'�; ;:;�, , .,. MEMOR.ANDUM TO: William W. Burns, City Manager �'w f- � FROM: John G. F1ora,Irublic Works Director DATE: November 15, 1999 SUBJECT: Noise Wall Meeting PW99-185 On November 10, 1999, Minnesota Department of Transportation representatives conducted an open house at the City of Fridley in regazds to the construction of a noise wall on the west side of University Aveaue from 44�' Avenue north to I-694. A total of 27 people attended the meeting, including Councilmembers Bob Barnette and Ann Bolkcom. After the explanation of the noise wall was presented, a straw vote was taken of those in attendance. Fourteen of the property owners voted in favor of the noise wall and seven of the property owners voted against the noise wall. During the meeting it was indicated that Council would hold a meeting the first week of December on this issue. It later became apparent that the first Council meeting in December was December 13, 1999. Accordingly, we will be sending a letter to the Fridley residents on the west side of University Avenue indicating that there will be a public hearing on December 13 and that a decision will be made regarding the construction of the noise wall from 44`� Avenue north to I-694. Accordingly, recommend that the City Council set a public hearing for the University Avenue noise wall for the City Council meeting on December 13, 1999. JGF:rsc Attachments 123 � _ C[TY OF FRl DLEY FRIDLEI' i�1��f�fj{��C�'Y�• fi-131 UNIVERSI7Y AVE. I�'.E. FRIDLEY, MN 55432 •(612) 571-345��d�) 571-12K7 Re: University Avenue Noise Wall Deaz Resident: On November 10, 1999, an open house was conducted at the Fridley Municipal Center by representatives from the Minnesota Department of Transpnrtation (MnDOT) regarding the construction of a fifteen-foot high noise wall from 44�' Avenue north to I-694. At the open house the concept of the noise wall and purpose was explained. The majority of those in attendance at the meeting were in support of the noise wall. Before the � Fridley City Council makes a final determination to MnDOT regazding this project, a public hearing must be held on this item. The public hearing is scheduled for Monday, Deceinber 13, 1999, at the Fridley Municipal Center in conjunction with the City Council meeting that starts at 7:30 p.m. The purpose of the public hearing is to obtain feedback from the residents who will be primarily affected by the proposed construcrion of the noise wall. At the meeting, a decision will be made and a recommendation submitted to MnDOT regarding the majority opinion. Your attendance at this hearing is encouraged. If you have any questions, you may contact me at 572-3550. Sincerel yours, � L �` / � / � %.i '—'John G. Flora Director of Public Works JGF:rsc 124 MNDOT Fax�651-582-1496 Uec b 'yy 1��Jb r.u� Public Meeting on Mn/DOT Noise Wail Attendance at November 10, 1999 Meeting at Fridley Municipal Center Last Name First Name Address Number Street City Zip Code Phone FAX Jansen Jeff 4727 Third ST NE Frid�ey 55421 574-0198 Smerud Loren 4603 Third ST NE Fridley 55421 Johnson Erv & Jeanne 4984 Third ST NE _ Fridley 55421 572-8690 DeJarlais Jessie 4501 Third ST NE Fridley 55421 572-1563 Geiser Hartod F. 5325 Altura Rd Fridley 55421 572-9470 Hareireun .. Hay 5180 Third S7 Fridley 55421 572-1087 Bright Dave 8� Deb 4844 Thi�d ST NE Fridley 55421 572-8890 Aieher? Robert R_ 4595 Third ST NE Fridtey 55421 572-1538 Peterson Gordon & Marlys 4555 Third ST NE Fridley 55421 572-1525 Otremba ? Edward J. 5057 Third ST NE Fridley 55421 571-7565 Goigt JeN 4739 Third ST NE Fridley 55421 571-0982 Smerud Mary Ann 4603 Third ST NE Fridley 55421 572-8866 Schnell L, A. 4880 Third ST NE Fridley 55421 572-8992 ? Parkos Peter & Laura 4506 Third ST NE Fridley 5542� 572-1559 Younker Dennis & Noreen 4615 Third ST NE Fridley 55421 572-8944 Riley ? Mike 4703 Third ST NE Fridley 55421 572-8855 Bainette ? Bob 541 Rice Creek Blvd Fridley 55432 5749585 Stranberg Bob & Ramona 5140 Third ST NE Fridley 55421 572�556 Okerstrom Rick & Carol 4537 Third ST NE Fridley 55421 572-1527 Warzecha Comelius 4675 7hird ST NE Fridley 55421 572-8923 Krant Douglas 22a Panorama Ave NE Fridley 55421 571-0484 7643898 Bolkcom ? Ann 6821 Hickory ST NE Fridley 55432 571-2026 Haertzen Suzana 5387 Altura Rd Fridley 55421 572-3980 125 � 0 � . � � w � 9R � ; a N Z � C o � a� � � y � O �O �? 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LL W Z < w in = 1z- ti C v N vj � � � °_ v s � � � rL- a : � � o n N f N d � � � v s Y O a, V � j �' E E e .�i `� » N o 3 O O a � a m C LL W _ F- N o• � � � m � � N tl O A n b �ff m � 9 R k � {L , W 2 Z � ~ N ? v c � r � n � � . f f � w Q � r c � � o � � � � m � � � r � � � r O 9 � � q a �f N n n N b u m e m a�i � C � C ° � � t� tL IL W Z Z Z � Z � ; N (f N � o v v e L° � N � r=- r � < z< � ° �i � � A ..�.. ti � Q h � H Q � .o °e 'd + v � e E o � � 'S m � _ � � � � � C � N N e� C e � y 3 � < c City o Fridley TO: William W. Burns, City Manager �� ' , � FROM: John G. Flora, Pubhc Works Director DATE: December 7, 1999 SUBJECT: Noise Wall Resolutions PW99-197 With the public hearing scheduled for December 13, 1999 on the University Avenue noise wall, it is necessary for MnDOT to receive the Council's position so tha.t they can initiate plans and specifications for a late winter awazd for next year's construction, if the project is to proceed. Attached are two resolutions that the Council can consider after the public hearing on December 13, 1999 to submit to the Department of Transportation. Recommend the City Council adopt the appropriate resolurion supporting the construction of TH 47 noise wall or against the construcrion of a TH 47 noise wall. JGF:cz Attachments 127 RESOLUTION NO. - 1999 RESOLUTION SUPPORTING THE CONSTRUCTION OF TRUNK HIGHWAY 47 NOISE WALL WHEREAS, Minnesota Department of Transportation (MnDOT) has initiated a traffic noise study, and WHEREAS, MnDOT has determined that the segment of TH 47 (University Avenue) from 44th Avenue north to I-694 has an extremely high noise rating, and WHEREAS, the MnDOT proposes to construct a 15-foot-high noise wall along the western right-of-way line of TH 47 (University Avenue) from 44� Avenue north to I-694, and WHEREAS, this construction is to be funded by the MnDOT and constructed during the 2000 construction season, and WHEREAS, an informational meeting was held on this item .on November 10, 1999 in the City of Fridley, and WHEREAS a public hearing was held before the City Council on December 13, 1999 on this proposed improvement, and WHEREAS the majority of the residents support this proposed noise ` wall construction. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, supports the residents desire to have a 15-foot-high noise wall constructed on the west side of the MnDOT right-of-way from 44th Avenue north to I-694, and BE IT FURTHER RESOLVED THAT the City Council requests the MnDOT initiate plans and specifications for the construction of the noise wall during the 2000 construction season. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON, MAYOR 128 RESOLUTION NO. - 1999 RESOLUTION AGAINST THE CONSTRUCTION OF A TRUNK HIGHWAY 47 NOISE WALL WHEREAS, the Minnesota Department of Transportation (MnDOT) has initiated a traffic noise study of their highways, and WHEREAS, it was determined that a noise wall be constructed on the west side of Trunk Highway 47 (University Avenue) right-of-way from 44th Avenue north to I-694, and WHEREAS, an informational meeting was conducted on November 10, 1999 in the City of Fridley on this proposed project, and WHEREAS, a public hearing was held before the City Council�on December 13, 1999 on this proposed project, and WHEREAS, the majority of the residents at this hearing from this area did not desire a noise wall be constructed along the Trunk Hiqhway 47 right-of-way. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, does not support the construction of a 15-foot-high noise wall on the western right-of- _ way edge of Trunk Highway 47 (University Avenue) from 44�' Avenue north to I-694, and BE IT E'URTHER RESOLVED THAT, the City Council requests the MnDOT to cancel this proposed project from the 2000 construction program. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON, MAYOR 129 ` AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 13, 1999 CRY OF FRIDLEY an��v�r�r�ii� ��i��r��v�� 130