08/28/2000 - 4693OFFICIAL CITY COUNCIL AGENDA
CITY COUNCIL MEETING
AUGUST 28, 2000
�
�
CffY DF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF AUGUST 28, 2000
7:30 p.m. - City Council Chambers
Attendance Sheet
ALFASF AR/NT NAMF, ADDRFSS AND /TFM NUMB�'R YaU ARF /NT�itFSi�D /N.
� � ; ��� ,��
,2s����<<<. �a'�N��me�„ �'�Y� ' ' � � y(�.
� �� � �
� �<« „� ,i� �
. .,' .:� � .. .. •y , . .. ,,,,,. , iri/ .i ,..ii�//:l�// �i,/i.. � 1a�� Y. „``�h ��� � �� yi
F
� i,%//..i �
' J C ` �,` ���` /�d !<3, 1 ��C C''� � �t r/�'
M ��� � � �G���� S�� � v �� � � ��� ������ ��,, ��
r= � 12 � C � ��� �3s^4� �-Yi: s % ��_
c fp � �,� �'�-�e ��
�
� CITY COUNCIL MEETING OF AUGUST 28, 2000
CITY 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 auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
National Night Out Videotape
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 14, 2000
OLD BUSINESS:
1. Second Reading of an Ordinance to Amend the
City Code of the City of Fridley, Minnesota, by
Making a Change in Zoning Districts (Rezoning
Request, ZOA #00-01) (Ward 2) ..................................................... 1- 4
FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2000 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. Variance Request, VAR #00-19, by Bruce A.
Kath and Julie Archer-Kath, to Reduce the
Required Side Yard Setback for Living Area
from 10 Feet to 5 Feet to Recognize an
' Existing Non-Conformity, Generally Located
at 1352 Hillcrest Drive N.E. (Ward 2) ......................................... 5— 12
3. Receive Petition to Amend Chapter 7
of the Fridley City Charter and Direct
City Clerk to Examine the Signatures to
Determine if the Petition is Sufficient ......................................... 13 - 17
4. Resolution Adopting the Proposed
Budget for the Fiscal Year 2001 ................................................. 18 - 20
5. Resolution Certifying "Proposed" Tax
Levy Requirements for 2001 to the County
of Anoka -
..................................................................................... 21 22
6. Resolution Authorizing Changes in Appropriations
for the General Fund for January through August,
2000 ....................................................................................... 23 - 25
'' 7. Resolution in Support of an Application for a
Minnesota Lawful Gambling Premise Permit for
" Blaine Jaycees (Shorewood Restaurant) (Ward 2) .................... 26 - 27
FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2000 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
8. Resolution Appointing Additional Election
Judges for the 2000 Primary and General
Elections.................................................................................... 28 - 29
9. Resolution of Application for Minnesota
Amateur Sports Commission/Minnesota
Department of Children, Families & Learning
Grant....................................................................................... 30 - 37
10. Resolution Designating Time and Number of
Council Meetings for 2001 ......................................................... 38 - 40
11. Resolution Declaring the City of Fridley's
Commitment to Participate in the "Minnesota
Cities: Building Quality Communities" Educational
Effort....................................................................................... 41 - 42
12. Approve 2000-2001 Animal Control Contract
Between the City of Fridley and Brighton
VeterinaryHospital ..................................................................... 43 - 47
FRIDLEY CITY COUNCII. MEETING OF AUGUST 28, 2000 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
13. Establish a Public Hearing for September 25,
2000, to Evaluate a Cable System Franchise
Proposal Submitted by �deOpenWest
Minnesota, LLC .......................................................................... 48
14. Appointments— City Employees ................................................. 49
15. Claims ....................................................................................... 50
16. Licenses ....................................................................................... 51 - 53
17. Estimates ...................................................................................... 54
ADOPTION OF AGENDA.
OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2000 PAGE 5
PUBLIC HEARING:
18. Ordinance Repealing Chapter 207 and Amending
Chapter 402 of the Fridley City Code, Pertaining
to Water and Sewer Administration .............................................. 55
NEW BUSINESS:
19. First Reading of an Ordinance Repealing
Chapter 207 and Amending Chapter 402
of the Fridley City Code, Pertaining to Water
and Sewer Administration ............................................................. 56 - 69
20. Informal Status Reports ................................................................ 70
/_\ �a1�1�1:7 ► A
�
I,�j l9e-r�`�lS �d� � ., /
r -
FRIDLEY CITY COUNCIL MEETING OFAUGUST 28, 2000
��
��
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, narional 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 auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance.
(T"fD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION: National Night Out Videotape
APPROVAL OF PROPOSED CONSENT AGENDA:��
APPROVAL OF MINUTES:
City Council Meeting of August 14, 2000
OLD BUSINESS:
1. Second Reading of an Ordinance to Amend tF�e
City Code of the City of Fridley, Minnesota, by
Making a Change in Zoning Districts (Rezoning
Request, ZOA #00-01) (Ward 2) ....... 1- 4
�
NEW BUSINESS:
/ l'`�'� ��
< �
. �f I�
��
2. Variance Request, VAR #00-19, by Bruce A.
Kath and Julie Archer-Kath, to Reduce the
Required Side Yard Setback for Living Area
from 10 Feet to 5 Feet to Recognize an
Existing Non-Conformity, Generally
Located at 1352 Hillcrest Drive N.E.
(Ward 2) .................................... 5 —12
3. Receive Petition to Amend Chapter 7
of the Fridley City Charter and Direct
City Clerk to Examine the Signatures
to Determine if the Petition is
Sufficient .................................... 13 -17
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Resolution Adopting the Proposed
Budget for the Fiscal Year 2001 ....
✓ �
18-20
Resolution Certifying "Proposed" Tax � q
Levy Requirements for 2001 to the County
of Anoka .................................... 21 - 22
�O
6. Resolution Authorizing Changes in Appropriations
for the General Fund for January through August,
2000 .................................... 23 - 25
l(� /
7. Resolution in Support of an Application for a
Minnesota Lawful Gambling Premise Permit for
Blaine Jaycees (Shorewood Restaurant)
(Ward 2) ..........:......................... 26 - 27
��
8. Resolution Appointing Additional Election
Judges for the 2000 Primary and General
Elections .................................. 28 - 29
(� 3
9. Resolution of Application for Minnesota
Amateur Sports Commission/Minnesota
Department of Children, Families & Learning
Grant.................................... 30 - 37
� �
FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2000 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSiNESS (CONTINUED): �
10. Resolution Designating Time and Number of
Council Meetings for 2001 ............... 38 - 40
11. Resolution Declarin the Ci of Frid►e '�
9 �Y Y
Commitment to Participate in the "Minnesota
Cities: Building Quality Communities" Educational
. Effort .................................... 41 - 42
12. Approve 2000-2001 Animal Control Contract
Between the City of Fridley and Brighton
Veterinary Hospital .......................... 43 - 47
13. Establish a Public Hearing for September 25,
2000, to Evaluate a Cable System Franchise
Proposal Submitted by WideOpenWest
Minnesota, LLC ................................ 48
14. Appointments— City Employees ..
15. Claims
16. Licenses
49
�
.... 51 - 53
17. Estimates ................................... 54
ADOPTION OF AGENDA. �� � n
K��
OPEN FORUM, VISITORS: Consideration of items
not on Agenda — 15 minutes.
�`� IA � ����- -�,�, d,r-,
� �'
P3 �e.� + 1 w N
�'.vo ('j,tiw�w�;�v�, �wn�e
u
PUBLIC HEARING:
j % I �% I
I '
18. Ordinance Repealing Chapter 207 and
Amending Chapter 402 of the Fridley
City Code, Pertaining to Water and Sewer
Administration .................................... 55
�/ � g�� v y 6 � �15�-
�A� CCa �- g'� 2-� �1 S �
NEW BUSINESS:
19. First Reading of an OrdinancP Repealing
Cnapter 207 and Amending Chapter 4�71
of the Fridley City Code, Pertaining to Water
and Sewer Administration ...................... 56 - 69
�-wf�� 0�1.�� ��
c�—� r�-�.� l�5...� ' ii
20. Informal Status Reports ......................... 70
.`�� r'�,.t�ruc IC �2�t' � �¢ (9', vp � � ,
C t— .S F�✓'r e�F �r 3 Q
ADJOURN.
�)��,�
THE MINUTES OF THE
FRIDLEY CITY COUNCIL MEETING OF
AUGUST 14, 2000
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF AUGUST 14, 2000
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember
Billings, Councilmember Wolfe, and Councilmember Bolkcom
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 your 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
these standards of personal conduct.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES:
City Council Meetin� of Julv 24, 2000.
APPROVED.
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 2
NEW BUSINESS:
1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JLTLY 19, 2000:
RECEIVED THE MINUTES FO THE PLANNING COMMISSION MEETING OF
NLY 19, 2000.
2. RESOLUTION NO. 55-2000 DESIGNATING POLLING PLACES AND
APPOINTING ELECTION JUDGES FOR THE 2000 PRIMARY AND GENERAL
ELECTIONS:
Mr. Burns, City Manager, stated that this was consideration of a resolution designating
polling places and appointing election judges for the 2000 primary and general elections.
These appointments are for two-year terms. The head judges are appointed for specific
precincts. The remainder are appointed without precinct assignments. The names come
from lists of those with previous experience, lists provided by the political parties and
from lists of names of individuals who have registered for election judge training. There
is one change in polling places. The Ward 1, Precinct 4 polling place is being changed
from Fridley High School to the Fridley Community Center. Staff recommended
Council's approval.
ADOPTED RESOLUTION NUMBER NO. 55-2000.
3. RESOLUTION NU. 56-2000 TO ANOKA
RKING ON TH
OLD CENTRAL (CSAH 35) AND THE COUNTY BOUNDARY:
Mr. Burns, City Manager, stated that as a result of a citizen request, staff asked Anoka
County to change parking restrictions on the north side of 73`d Avenue between Old
Central Avenue and the County boundary on the east. The change would eliminate the
current no parking restriction at all times and replace it with no parking between the
hours of 8:00 a.m. and 4:00 p.m. on weekdays, excluding holidays. The County has
agreed to make the change upon receipt of Council's resolution. Staff recommended
Council's approval.
ADOPTED RESOLUTION NO. 56-2000.
4. RESOLUTION NO. 57-2000 AMENDING RESOLUTION NO. 50-2000
REQUESTING OFF SYSTEM STATE AID FUNDS ST NO. 2000 - 6(SAP 127-050-
003, SP 0205-80):
Mr. Burns, City Manager, stated that we have been asked by the Minnesota State Aid
Office to add indemnification language to a resolution passed and submitted earlier this
year. Staff recommended Council's approval.
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 3
ADOPTED RESOLUTION NO. 57-2000.
5. APPROVE CHANGE ORDER NO. 1 TO TH 47 WEST DITCH IMPROVEMENT
PROJECT NO. ST. 2000 - 6:
Mr. Burns, City Manager, stated that the proposed change order is for $7,550. Staff
requested the change order for purposes of reconfiguring the bottom of the detention
pond at the intersection of 79�' Way and Riverview Terrace. Earth from the University
Avenue project would be moved to the detention pond to help eliminate the impact of
spring water at the bottom of the pond. Staff recommended Council's approval.
APPROVED CHANGE ORDER NO. 1 TO TH 47 WEST DITCH IMPROVE-
MENT PROJECT NO. ST. 2000 - 6.
6. APPROVE CHANGE ORDER NO. 1 TO STREET IMPROVEMENT
(SEALCOAT) PROJECT NO. ST. 2000 -10:
Mr. Burns, City Manager, stated that staff asked Council to approve a change order in the
amount of $17,804.07 to be payable to Allied Blacktop Company for work done in
conjunction with the 2000 sealcoat project. The work consisted of additional street
segments and the sealcoating of the Little League parking lot. The total cost for the
project was well within the amount budgeted. Staff recommended Council's approval.
APPROVED CHANGE ORDER NO. 1 TO STREET IMPROVEMENT
(SEALCOAT) PROJECT NO. ST. 2000 - 10.
7. RECEIVE PROPOSALS AND AWARD DESIGN OF THE MOORE LAKE
CAUSEWAY IMPROVEMENT PROJECT:
Mr. Burns, City Manager, stated that staff recently requested design proposals from six
engineering firms for additional widening of Highway 65 between I-694 and 63`a
Avenue. One firm, SEH, responded with a proposed cost of $380,200. In designing the
project, the consultant has been asked to widen the highway by adding additional north
and southbound lanes without impacting the high water mark of Moore Lake.
Accordingly, the project would be designed in a manner that would allow for the
collection of surface water from the highway and the transmission of the surface water to
a sedimentation basin at the northwest corner of the project. In addition to widening, the
project also calls for a cantilever bikeway/walkway system and a fishing pier on the east
side of the highway. Staff expected that the final design would be completed by June of
2001. This will enable staff to submit final plans for MnDOT and Federal funding in
2002. The costs for the design work would be covered from a State grant that was
received in 1999. Staff recommended Council's approval.
RECEIVED PROPOSALS AND AWARDED DESIGN OF THE MOORE LAKE
CAUS`VAY IMPROVEMENT PROJECT TO SEH IN THE AMOUNT OF
$380,2000.
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 4
8. MOTION TO APPROVE THE DEFERRAL OF THE RIVERVIEW HEIGHTS
ASSESSMENT FOR THE PROPERTY GENERALLY LOCATED AT 8295
BROAD AVENUE N.E. (WARD 3):
Mr. Burns, City Manager, stated that staff has receive an application for special
assessment deferral from Marie Streich of 8295 Broad Avenue until the property is sold.
Ms. Streich was assessed $1,000 for the Riverview Heights improvement project. Since
she meets the age and income requirements of our senior citizens deferral program we are
recommending Council's approval.
APPROVED THE DEFERRAL OF THE RIVERVIEW HEIGHTS ASSESSMENT
FOR THE PROPERTY GENERALLY LOCATED AT 8295 BROAD AVENUE
N.E.
9. APPOINTMENT - CITY EMPLOYEE:
Mr. Burns, City Manager, stated that after interviewing nine candidates, staff was pleased
to recommend the appointment of Deborah Kay Dahl as the City's new Human
Resources Director. Debbie has a Bachelor's Degree from the University of Minnesota
and is working on a Master's Degree in Human Resources at the same institution. Since
March of 1997, she has served as a Human Resources Specialist with the City of
Brooklyn Park. Between June of 1993 and March of 1997, Debbie worked as Brooklyn
Park's "Come Home to the Park Coordinator." She also worked for Brooklyn Park as a
Recreation Coordinator between November, 1991 and June, 1993. Prior to that, she
worked for seven years as an employee services and events coordinator for Honeywell,
Inc. If appointed, she will begin work on September 11, 2000.
APPOINTED DEBORAH KAY DAHL AS THE CITY'S NEW HUMAN
RESOURCES DIRECTOR.
10. CLAIMS:
APPROVED CLAIM NOS. 94620 THROUGH 94952.
11. LICENSES:
APPROVED ALL LICENSES AS SUBMITTED.
12. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Frederic W. Knaak
Holstad and Knaak, P.L.C.
St. Paul, MN 55110
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 5
Services Rendered as City Attorney
for the Month of July, 2000
Carl J. Newquist
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of May, 2000
Ron Kassa Construction
6005 - 250�' Street East
Elko, NIN 55020
2000 Miscellaneous Concrete Curb and Gutter
and Sidewalk Project No. 330
Estimate No. 4
W.B. Miller, Inc.
6701 Norris Lake Road N.W.
Elk River, MN 55330
2000 Street Improvement Project No. ST. 2000 - 1
Estimate No. 3
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette to adopt the agenda.
Wolfe.
$ 5,000.00
$ 17,366.80
$ 4,194.44
$ 79,307.81
Seconded by Councilmember
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM.VISITORS:
No persons in the audience spoke.
PUBLIC HEARING:
13. REZONING REQUEST, ZOA #00-01, BY MASTER CIVIL ENGINEERING,
INC , TO REZONE PROPERTY FROM M-1, LIGHT INDUSTRIAL, TO _R-4,
MOBILE HOME PARKS, TO CONSTRUCT A TOT LOT, PLAYGRO�JND,
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 6
SOCCER AND BASKETBALL PARK, GENERALLY LOCATED AT 7400
TAYLOR STREET N.E. (WARD 2):
MOTION by Councilmember Wolfe to open the public hearing and waive the reading.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:42 P.M.
Ms. Dacy, Community Development Director, stated that this request was to rezone two parcels
that are located immediately adjacent to Fridley Terrace Mobile Home Park from M-1 to R-4
district. The R-4 permits manufactured mobile home parks. The total acreage of the site is about
1.6 acres. The site plan proposes on one of the parcels a basketball court, tot lot, and a soccer
area. This would provide a play area for the residents and children of the mobile home park.
Baker Street is on the west side and the site would be serviced by a little asphalt trail coming
down from the park amenities. It would be enclosed by a wood fence on the north and a one-
way gate would be on the west side. The second parcel farther to the east is to be reconstructed
as a parking hard surface area for placement and storage of larger types of vehicles.
Ms. Dacy stated that these sites should be rezoned because an analysis indicated that formally
incorporating and establishing these sites as part of the manufactured home development would
tend to support the longevity of the park. It would also have more resistant control in terms of
zoning and provide additional services for people living in the park. All of the facilities that
exist on the eastern lot would be moved and the tot lot and basketball court would be established
on the western side. The easterly lot would be paved for vehicle storage, new lights, and new
wood fencing. Staff recommended approval to the Planning Commission based on the findings
that the rezoning would not cause adverse circumstances to other properties, would make good
use of the area, and would improve the quality and vitality of the manufactured home park.
Mr. Don Gerberding, President of Master Engineering, stated that this was a good improvement
for the City and the children of the park. He said his company has agreed to incorporate the
landscaping w-ith preferential shrubs and deciduous trees. His company was willing to move
forward with everything the Planning staff asked them to do.
Councilmember Bolkcom asked about the issues regazding the children playing in the retention
pond next door at the industrial site.
Ms. Dacy stated that there were concerns regarding the type of fence along the north side of the
proposed tot lot area. A larger fence was preferred. The Planning Commission felt the wood
fence would be more appropriate and more in keeping with the character of what they are trying
to create.
Councilmember Bolkcom asked if the fence would be six feet tall.
Mr. Gerberding stated that it would. He said he had a chance to visit with the industrial site
owners. All agreed on the wood fence. Their main concern was that children may be able to
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 7
crawl over a six-foot chain link fence to get onto the property. Everyone was concerned about
the liability.
MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember
Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:49 P.M.
NEW BUSINESS:
14. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING
DISTRICT (REZONING REQUEST, ZOA #00-01):
MOTION by Councilmember Wolfe to approve the first reading of an ordinance to amend the
City Code by making a change in zoning districts with three stipulations: 1) Landscaping on the
playground area shall be done in accordance to a revised plan, meeting code requirements and
providing a mix of hardwood and coniferous species; 2) Code required paving and curbing of the
storage area shall be completed by July 1, 2001; 3) Properties shall be combined with fee
owners' adjoining property. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. INFORMAL STATUS REPORTS:
Councilmember Bolkcom thanked everyone who attended the meeting on August 2 regarding the
Northstar Corridor.
Councilmember Bolkcom asked Ms. Dacy if they mentioned that there was going to be a public
hearing about the commuter rail on August 16.
Ms. Dacy stated that because of the amount of comment, they thought it best to have the hearing
during one of the two meetings in September by the Planning Commission. A letter will be
mailed ten days in advance of that meeting.
Councilmember Bolkcom stated that National Night Out went very well with a big turnout. She
wanted to thank everyone for participating and thank the block captains.
Councilmember Barnette stated that on National Night Out he had the pleasure of attending the
Fridley Terrace site. He felt that the proposed was an appropriate play area for the many
children that live there.
Mayor Jorgenson stated that National Night Out was a very enjoyable evening.
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14. 2000 PAGE 8
ADJOURN:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
AUGUST 14, 2000, CITY COLTNCIL MEETING ADJOURNED AT 8:55 P.M.
Respectfully submitted,
Signe L. Johnson Nancy J. Jorgenson
Recording Secretary Mayor
� AGENDA ITEM
� CITY COUNCIL MEETING OF AUGUST 28, 2000
CRY OF
FRIDLEY
Date: 8/21 /00 �
To: William Burns, City Manager ��
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Paul Bolin, Planner
RE: Second reading of ZOA #00-01 M-00-139
INTRODUCTION
Cal-Am Properties, owner of Fridley Terrace, has initiated a rezoning of Lot 8,
Block 1, Nagels Woodlands, & The south 161.63' of the north 785.13' of the west
200' of the east 46 acres of the north half of section 12, township 30 range 24, from
a M-1 zoning district to a R-4 zoning district.
PLANNING COMMISSION ACTION
At the July 19, 2000 Planning Commission meeting, a public hearing was held for
ZOA 00-01. After reviewing the proposal, a motion was made to recommend
approval of the rezoning request. The motion passed unanimously.
CITY COUNCIL ACTION
At the August 14, 2000 City Council meeting, a public hearing and the first reading
of the ordinance to rezone this property was held.
PLANNING STAFF RECOMMENDATION
City staff recommends that the City Council hold the second reading of the
ordinance to rezone the property.
1
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,
MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS
SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley and
described as:
Lot 8, Block 1, Nagels Woodlands, & The south 161.63' of the north 785.13'
of the west 200' of the east 46 acres of the north half of section 12, township
30 range 24, as recorded at the office of the Anoka
County Recorder, generally located at 7601 Baker Street.
SECTION 3. That the Zoning Administrator is directed to change the official zoning
map to show said tract or area to be rezoned from Zoned District M-1, Light
Industrial to R-4, Mobil Home Parks.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF _�Y_, 2000.
ATf EST:
DEBRA A. SKOGEN - CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Publication:
August 14, 2000
August 14, 2000
August 28, 2000
2
NANCY J. JORGENSON - MAYOR
City of Fridley Land Use Application
ZOA-00-01 July 19, 2000
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Cal-Am Properties, Inc. Master Engineering
16255 Ventura Blvd. #410 2021 Hennepin Ave.
Encino, CA 91436 Mpls, MN 55413
Requested Acrion:
Rezone property to R-4.
Existing Zoning:
M-1 Industrial
Location:
7601 Baker Street
Size:
36,700 square feet 1.6 acres
Existing Land Use:
Vacant.
Surrounding Land Use & Zoning:
N: Industrial & M-1
E: Industrial & M-1
S: MH Park & R�
W: Duplex & R-2
Comprehensive Plan Conformance:
Use of property is consistent with Plan.
Zoning History:
• According to address file, property has never
been developed.
Legal Description of Property:
Lot 8, Block 1, Nagels Woodlands, & The south
161.63' of the north 785.13' of the west 200' of
the east 46 acres of the north half of section 12,
township 30 range 24.
Council Action / 60 Day Action Deadline:
August 14, 2000 / August 15, 2000
Public Utilities:
Located near property.
Transportarion:
Baker Street & private roads in MH park
provide access to this property.
Physical Characteristics:
Relatively flat, grass covered lot.
�
SUNIMARY OF REQUEST
Fridley Terrace recently purchased the property
along Baker Street to construct a tot lot,
playground, soccer & basketball park. Another
portion of property, previously purchased by
Fridley Teirace and used as their fenced in outdoor
storage area is also included in the rezoning request.
Rezoning to R� would a11ow the properiy to
become part of the adjoining manufactured home
park.
SUMMARY OF ANALYSIS
City Staff recommends approval of this rezoning
request, with stipulations
• would allow the playground area to become a
part of the mh park
• landscaping provided by park would improve
image of tlus azea
Staff Report Prepared by: Scott Hickok
ZOA-00-01
ANALYSIS
The vacant property located at 7601 Baker has been zoned M-1, Industrial. Fridley
Terrace recently purchased the property to construct a tot lot, playground, soccer &
basketball park. Another portion of property, previously purchased by Fridley TeRace and
used as their fenced in outdoor storage area is also included in the rezoning request.
Rezoning to R-4 would allow the property to become part of the adjoining manufactured
home park. The proposed play area will be nicely landscaped and the current gravel
storage area will be paved and guttered as per City code.
RECOMMENDATION
City Staff recommends approval of this rezoning request, with stipulafions.
� The proposed park will be an amenity to this area.
• The gravel storage area will meet code requirements for paving 8� curbing.
STIPULATIONS
City Staff recommends the following stipulations be attached to the approval of this
rezoning request.
1. Landscaping on playground area shall be done in accordance to a revised plan,
meeting code requirements and providing a mix of hardwood & coniferous species.
2. Code required paving & curbing of storage area shall be completed by July 1, 2001.
3. Properties shall be combined with fee owners adjoining property.
�
/ AGENDAITEM
� CITY COUNCIL MEETING OF AUGUST 28 , 2000
CRY OF
FRIDLEY
Date: 8/23/00
To: Wiiliam Burns, City Manage��,�C°
From: Paul Bolin, Planner
Scott Hickok, Planning Coordinator
Barbara Dacy, Community Development Director
RE: VAR #00-19 (Bruce Kath —1352 Hillcrest) M-00-141
INTRODUCTION
Petitioner is seeking to reduce the required sideyard setback, for an enclosed
porch, from 10' to 5' to recognize an existing non-conformity. The enclosed deck, at
1352 Hillcrest, has existed since 1985 and provides stair access down the steep
grade into the rear yard.
APPEALS COMMISSION ACTION
At the August 9, 2000 Appeals Commission meeting, a public hearing was held for
VAR #00-19. The neighbors immediately to the east of the Kath's home raised
objections to the granting of the variance. After a discussion that included the
Appeals commission mentioning that the deck has existed for 15 years, is
constructed to building code standards, and is within previously granted
dimensions, a motion was made to recommend approval of the variance request
with the stipulation presented by staff. The motion carried unanimously.
PLANNING STAFF RECOMMENDATION
City Staff recommends the City Council concur with the Appeals Commission
recommendation of approval for VAR #00-19.
��
City of Fridley Land Use Application
VAR #00-19 August 9, 2000
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Bruce A. Kath & Julie Archer-Kath
1352 Hillcrest Drive
Fridley, MN 55432
Requested Action:
Variance to reduce sideyard setback to allow the
reconstruction of an open deck.
Exisbng Zoning:
R-1 (Single Family Residential)
Location:
1352 Hillcrest Drive
Size:
14,020 sq. ft. .32 acres
Existing Land Use:
Single family home.
Surrounding 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 Conforn�ance:
Sec. 205.07.03.D.(2).(a) requires a side
yard setback of 10'.
Zoning History:
1947 - Lot is platted.
1967 - Home is built.
1983 — Deck is built.
1985 — Deck is screened in.
Legal Description of Property:
Part of Lot 13, Blk 3, Moore Lake Hills
Public Utilities:
Home is connected.
Transportation:
Hillcrest provides access to site.
Physical Characteristics:
Typical suburban landscaping.
�
SLfMMARY OF PROJECT
Petitioner is seeking to reduce the required sideyard
setback, for an enclosed porch, from 10' to 5' to
recognize an existing non-confomuty. 'The enclosed
deck has existed since 1985 and provides stair
access down the steep grade into the rear yard.
SUMMARY OF HARDSffiP
"We had to do something because of the water
collecting around the foundation of our house
and the flooding that would occur during heavy
rainfall... We then rocked the side of the
house....in 1983..we decided to build a wood
patio. .. We also built wood steps going down the
hill to the back yard. This allowed us to walk on
the east side of the house without worrying
about slipping or pushing rock into the back
yard...In 1985... we decided to screen in the
patio. " — Brzcce Kath
SUMMARY OF ANALYSIS
City Staff has no recommendation, as similar
variances have been granted in the past.
Similar variance granted:
VAR #98-OS 150 Talmadge Way
Sideyard setback reduced to 4.4'.
CITY COUNCIL ACTION/ 60 DAY DATE
CC-8/28/00
_ (home & screen porch)
Staff Report Prepared by: Paul Bolin
VAR #00-19
REQUEST
Petitioner is seeking to reduce the required sideyard setback, for an enclosed porch, from 10' to 5' to
recognize an existing non-conformity. The enclosed deck has existed since 1985 and provides stair
access down the steep grade into the rear yard.
SLfMMARY OF HARDSHIP
"We had to do something because of the water collecting around the foundation of our house
and the flooding that would occur during heavy rainfall... We then rocked the side of the
house....in 1983..we decided to build a wood patio. .. We also built wood steps going down the hill
to the back yard. This allowed us to walk on the east side of the house without worrying about
slipping or pushing rock into the back yard. ..In 1985... we decided to screen in the patio. "—
Bruce Kath
Full hardship statement attached.
ANALYSIS
The property is located on Hillcrest Drive. The lot is somewhat irregularly shaped, with the home being
"squared up" to and fronting on Hillcrest Drive. The lot is a"walk-out" with a severe slope on the east
(screen porch) side of the home. The existing home was built in 1967. The covered screen porch was
constructed in 1985. The City building staff has examined the screen porch and detemuned it to be
structurally sound.
RECOMMENDATIONS
City Staff has no recommendation, as similar variances have been granted in the past.
Similar variance granted:
VAR #98-OS 150 Talmadge Way
Sideyard setback reduced to 4.4'.
STIPULATIONS
Staff recommends that if the variance is granted, the following stipulations be attached.
1. Petitioner shall obtain all necessary building permits.
��
CITY OF FRIDLEY
APPEALS COMISSION MEETING
AUGUST 9, 2000
1. PUBLIC HEARING: VARIANCE REQUEST, VAR #00-19, BY BRUCE A KATH
� JULIE ARCHER-KATH:
Per Section 205.07.04.D.(2).(a) of the Fridley Zoning Code, to reduce the
required side yard setback for living area from 10 feet to 5 feet to recognize an
existing nonconformity on Lot 13, Block 3, Moore Lake Hills, generally located at
1352 Hillcrest Drive.
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 7:31 P.M.
Mr. Bolin stated that the petitioners are seeking to reduce the required side yard
setback for an enclosed porch from 10 feet to 5 feet to recognize an existing non-
conformity. The enclosed deck on their property has existed since 1985 and it provides
stair access down the steep grade into the rear yard. In the early 1980s, the petitioner
was having water problems. Water was running up against the house and causing
problems. The petitioner then put rock on that side of the house which took care of
some af the problems but did not leave much room to get to the back yard. The
petitioner then built a deck with steps going down the hill. In 1985, the petitioner re-
roofed his home and put the roof over what was once an open porch, making an
enclosed porch. The enclosed porch now requires a variance.
Mr. Bolin stated the home is on the north side of the northern portion of the Hillcrest
loop in the road. The property is zoned R-1, single family, as are all the properties
surrounding it. The petitioner's hardship statement is: "We had to do something
because of the water collecting around the foundation of our house and the flooding that
would occur during heavy rainfall. We then rocked the side of the house in 1983. We
decided to build a wood patio. We also built wood steps going down the hill to the
backyard. This allowed us to walk on the east side of the house without worrying about
slipping or pushing rock into the back yard. In 1985, we decided to screen in the patio."
Mr. Bolin stated that the eaves of the porch hang out within two feet of the property line
which is allowable by the building code. Staff has no recommendation on this request,
as it is within previously granted dimensions. A similar variance was granted at 150
Talmadge Way where the side yard setback was reduced to 4.4 feet for living area. If
the variance is approved, staff recommends the following stipulation:
1. The petitioner shall obtain all necessary building permits.
Ms. Jackson asked if a building permit was obtained when the porch was built in 1985.
Mr. Bolin stated there was not.
C�7
�
APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 2
Ms. Jackson asked if it would have been required at that time.
Mr. Bolin stated that a permit and a variance would have been required at that time.
Mr. Kuechle asked if the petitioners were replacing the porch exactly the way it was.
Mr. Bolin stated, yes. The enclosed porch is illegal non-conforming because it does not
have a variance and was erected without building permits. The granting of the variance
would rectify that situation by recognizing this non-conformity that has been there since
1985 and would allow a building permit to be issued for the enclosed patio. The
Building Official has inspected the deck, and everything is built to code so there are no
building-related issues with this.
Mr. Kuechle asked what was triggering this request at this point.
Mr. Bolin stated that it came about as a result of a complaint. Staff checked the files
and found that a variance had not been granted and a building permit had never been
issued.
Dr. Vos asked if the porch was at a five-foot setback along the whole length of the
porch.
Mr. Bolin stated that it was only five feet at the front corner and as you go toward the
back yard it gets further from the property line.
Dr. Vos asked how much of that length was without a variance.
Mr. Bolin stated all of it is without a variance because it gets to about nine feet at the
other side.
Dr. Vos stated that the stairs could be within the setback area.
Mr. Bolin stated that, yes, the stairs could be within that setback area.
Mr. Jones asked when the first complaint was registered with this property.
Mr. Bolin stated that the complaint was registered in late spring of this year.
Mr. Bruce Kath, the petitioner, stated that he had photos if the Commission was
interested in looking at more of the deck.
Dr. Vos asked what the petitioners were going to do if the variance was not approved.
Mr. Kath stated that they will have to do whatever the Commission tells them to do.
Dr. Vos stated that part of the porch could be sliced off and still be within ten feet of the
property line.
0
APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 3
Mr. Kuechle asked if the porch is ten feet wide.
Mr. Bolin stated that it is 10'/ feet wide.
Mr. Kuechle asked if they would need a variance if the porch is open.
Mr. Bolin stated that then they could be within five feet of the property line.
Dr. Vos asked what would happen if it was a deck without anything.
Mr. Bolin stated that then it would be five feet as well.
Ms. Jackson stated that the home to the left of the petitioners' home had a narrow
walkway around the side to the back.
Mr. Kath stated they do not have a walkway. They put an addition on. If they took the
structure down and left a deck there, it would be virtually useless. One of the main
reasons they enclosed the deck was because of the bug infested neighbor's back yard.
Mr. Jones stated that it seems like this whole situation stemmed from trying to resolve
some water problems.
Ms. Kath stated they have damage in the basement and were advised that they needed
some stonework. They did that and it alleviated some of the water problems. They
then had the problem of walking to the backyard with the stones so then they decided to
build the deck.
Dr. Vos stated there is a drain coming out of the retaining wall.
Ms. Kath stated there are two drains.
Dr. Vos asked if they drain to the west toward their property.
Ms. Kath stated, yes.
Mr. Kath stated that he imagines that the drains are plugged up.
Mr. Jones asked if the retaining wall was on the property line.
Mr. Bolin stated that it is about one foot away from the property line.
Ms. Rose Meyerhoff, stated that she lived in the house next door at 1350 Hillcrest Drive.
They are going to sell their house and feel that having this non-conforming porch so
close next door would be detrimental to the value of their house. She was not under the
impression that this porch was built a few years ago. When they went to the Municipal
Center in May to ask if the porch was built outside of the ten feet ordinance
requirement, they were informed that the assessor recorded the porch being there in
1998. Four years before when the assessor was there, there was not a porch. She is
concerned that if the petitioners sell their house, the new owners will not take the porch
10
APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 4
down. The reason that they did not say anything before is because they did not want to
cause any problems and be a good neighbor. They would not have a problem with a
cement floor there instead or stairs going down to the backyard.
Mr. Peter Meyerhoff stated that they felt that this was going to affect the value of their
house and went to an appraiser. They received a letter from the appraiser stating that
the condition of the porch would affect the marketability of their house. As far as the
storm drain holes near his house, he would be glad to plug them up if he has to.
Dr. Vos stated there is pretty good drainage coming off the petitioners' property onto the
neighbor's property so he can see there is a water problem.
Mr. Meyerhoff stated that they live on a hill and all the water runs down.
Dr. Vos stated that he knows it runs down, but they have to try to keep as much on their
own property as possible.
Ms. Jackson asked if the only window that faces this porch is in their garage.
Ms. Meyerhoff stated that most of the living room faces the porch.
Mr. Kath stated that the wood patio was installed fourteen years ago.
Ms. Meyerhoff stated they have no problem with the patio, only the porch.
MOTION by Dr. Vos, seconded by Mr. Jones, to receive the letter written by the
appraiser as presented by Mr. & Mrs. Meyerhoff
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
MOTION by Mr. Jones, seconded by Ms. Jackson, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:58 P.M.
Dr. Vos stated that looking at the paper copy that shows that this has been existing for a
decade or two, the first thing that came to mind is the sale of the property next door. He
does not know how to resolve that. There is a pretty good distance befinreen the
structure and the living quarters of the 1350 Hillcrest Drive house. There is not a level
look with a drop of at least five to six feet from one house to the other. He would be
inclined to vote in favor of the variance request.
Mr. Kuechle stated that if this came before them without the issue of the possibility of
reduced adjacent property value, he would be in favor of approval. Since the majority of
the encroachment is along the garage side and the garage is higher than the
neighboring building the affects are minimized. He would also recommend approval.
11
APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 5
Mr. Tynjala agreed. This is within previously granted dimensions. The structure is up to
code and he is a little dubious of the appraiser's letter because you can get an appraiser
to say about anything. He would vote in app�oval of the variance request.
Ms. Jackson stated that it is unfortunate that a building permit was not taken out in the
beginning. She appreciates that the neighbors were concerned but didn't want to
cause any problems. She empathizes with the water problem. People need to protect
their property. It has been there a long time and the structure is solid. If the neighbors
could show that the assessor reduced their taxes there may be evidence of reduced
property value but she does not think that happened.
Mr. Jones stated that he can appreciate the water damage issue and responsibility of
where the water is coming from. This has been there a long time and it is past the City
being involved. He would vote for approval.
Mr. Kuechle stated that because it has been in existence for a long time would not be a
reason to approve it.
Mr. Jones stated they have approved similar variances in the past and he feels that
there is a water problem there that the petitioners have worked very hard to solve. The
water was not necessarily coming from their property and no one came forward to help
them. He would vote in favor of this variance.
Ms. Jackson stated that the rocks address the water problem. The neighbors do not
object to the rock. That also creates a safety issue for the homeowners to get to the
front to the back and that is why they needed a deck and a stairway. The rocks are
related to the stairs which are related to the deck.
MOTION by Dr. Vos, seconded by Mr. Jones, to recommend approval of Variance
Request, VAR #00-19, by Bruce A. Kath and Julie A. Archer-Kath with the following
stipulation:
1. The petitioner shall obtain all necessary permits prior to construction.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Bolin stated that this would go to City Council on August 28, 2000.
12
�
CfTY OF
PRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
August 28, 2000
William W. Burns, City Manager�,r� I�
Richard D. Pribyl, Finance Director
Deb Skogen, City Clerk
August 23, 2000
Receive Petition to Amend Fridley City Charter
According to Minnesota State Statutes, Section, 410.12, Attachment 1, the City Charter may be
amended when a number of registered voters, equal to 5% of the total votes cast at the last state general
election in the city, sign and file a petition with the Charter Commission at least 12 weeks before the
general election. On August 14, 2000 the city clerk received a petition, Attachment � to amend the
Fridley City Charter by requiring voter approval for tax increases beyond specified inflationary
adjustments, or to create, expand or increase various fees. Upon a brief review of the petition, it was
estimated that there were approximately 947 signatures. 5% of the 12,614 votes cast in the 1998 State
General Election would require 631 signatures. The Petition Committee met the time requirement and
the number of signatures needed.
After a petition has been received, it must be filed with the Charter Commission. The Charter
Commission met on Monday, August 21, 2000 to receive the petition. The Charter Commission
attorney directed the Commission to receive the petition and forward it to the City Council without
changes. After some discussion, the Charter Commission passed the following motion, "A majority of
those present are not in favor of this proposed amendment because it imposes severe restrictions on the
City Council which are unwarranted and very restrictive in how taxes and fees are changed." In
addition, the Charter Commission passed another motion encouraging the City Council to publish and
provide information to all residents, similar to what was done with the franchise fee, as much as possible
before the election.
Within ten days after such petition is transmitted to the city council, the city clerk shall deterniine
whether each paper of the petition is properly attested and whether the petition is signed by a sufficient
number of voters. The city clerk is currently reviewing the signatures to see if there are enough
signatures for the petition to be sufficient. If the petition is found to be insufficient, the Committee
would be given an additional ten days to file a supplementary petition. If the petition is found to be
sufficient, the amendment shall be submitted to the voters at the general election. The city clerk shall
complete the examination of the signatures and report back to the City Council on September 11`h. At
that time the City Council shall approve a resolution placing the amendment on the ballot of the General
Election in November and a resolution adopting the ballot language.
Staff recommends the City Council receive the petition and direct the City Clerk to examine the
signatures to determine if the petition is sufficient and report back to the City Council on September
11�'.
13
Page 6 of 12
Subdivision 1. Proposals. The charter commission may
propose amendments to such charter and shall do so upon the
petition of voters equal in number to five percent of the total
votes cast at the last previous state general election in the
city. Proposed charter amendments must be submitted at least 12
weeks before the general election. Only registered voters are
el_gible to sign the petition. All petitiona circulated with
respect to a charter amendment shall be unifozm in character and
sha21 have attached thereto the text of the proposed amendment
in €ull; except that in the case of a proposed amendment
c:ontaininq more than 1,000 words, a true and correct copy of the
same may be filed Nith the city clerk, and the petition shall
tnen cor.tain a summary of not less than 50 nor more than 300
words setting fortn in substance the na*_ure of the proposerl
amena.aer.t. Such summary shall contain a statement oE the
abjects and purposes of the amendment proposed and an out2ine of
any proposed new scheme or frame work of government and shaZl be
sufficient to inform the sigr.ers of the petition as to what
chang= in govprnment is sought *_o be accomplished by the
amer:d�er.t. The summary, together with a copy of the progosed
amendmenc, shall first be submit*_ed to the charter cou�nissfon
for its approcal as to form and substance. The commissicn shall
�ithin ten days after such submission to it, return the same to
the c=oposers of the amendment with such modifications in
statement as it may deem necessary in order that the summary may
fairly comply with the requirements above set forth.
Subd. la. Alternative methods of charter amendment.
A home rile charter may be amended only by following one of the
alternative methods of amendment provided in subdivisions 1 to 7.
S�,bd. 2. Petitions. The siqnatures to such petition
need not all be appended to one paper, but to each separate
petition there shall be attached an affidavit of the circulator
therecf as provided by this section. A petition must contain
each petitioner's signature in ink or indelible pencil and must
indicate aiter the siqnature the place of residence by street
and r.umbec, or other description sufficient to identify the
��ace. There shall appear on each petition the names and
a�:dresses of five electors of the city, and on each oaper tae
r.ames and addresses of the same five electors, who, as a
��e;nmi:tee of the petitior.ers, shall be regazded as responsible
for th2 circulation and fiiing oP the getition. The affidavit
attached to each petitior. shall be as follows:
State of ................ 1
) ss.
County o� ............... )
.......................... heing duly sworn, deposes and
says that the affiar,t, and the af£iant only, personally
ci:culated �he foreqoing paper, that all the siqnatures appended
�here�o were made in the affiant's preser.ce, and that the
affiar�t believPS them to be the genuine signatures of the
persons whose names tney aurport to be.
Signed............................
iSignatura of Circulator)
Subscribed and sworn to before me
t^is ....... day of ...... .......
Notary Public (or other officer)
l�ttp://ww�v.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 8/24,J00
Page 5 of 12
Attac�ent 1
be submitted at a special election to be held within 90 days
after the delivery of such draft. The council or other
governing hody may call a speciai election for that purpose only
at any time. Ii the election is held at the same time with the
general election, the voting places and election officers shall
be the same for both elections. At any time before the council
has fixed the date of the election upon the proposed charter,
the charter commission may recall it £or further action; and the
ccuncil may suthorize recall of the charter by the commission at
any later date prior to the fitst publication of the proposed
cnarter.
Subd. 2. Election notice; publication. The notice of
electien sha11 contain the complete charter and shall be
oublished once a week for two successive weeks in the official
ne�spaper of the city, or if there be none, in a legal newspaper
of general circulation in the city. In every city o£ the first
c2ass, the publication shall be made in a newspaper having an
aggregate regvlar paid circulation of at least 25,000 copies.
':"r:e governinq body may in addition thereto publish the notice in
a!:y or_her legal newspaoer published in the city.
Subd. 3. Ballot wards,_form. The ballot shall bear
the printed words, "Shall the proposed new charter be adopted?
tes.... [ap....," with a square after each of the last two words,
in which the voter may place a cross to express a choice. If
any part o� such charter he submitted in the alternative, the
ballot shall be so grinted as to permit the voter to indicate a
preforence in any instance by inserting a cross in like manner.
Subd. 4. Rejection; later proposals. If any charter
so submitted be rejected the charter commission m.ay propose
ethers from time to time until one is adopted.
HZST: (1299) RL s 759; 1909 c 214 s 1; 1959 c 305 s 5; 1961 c
6C8 s 4; 1973 c 123 art 5 s 7; 1986 c 494
==,10.1=
4i0.11 Adop�ion; notice, effective date.
Zi 51 percent of the votes cast on the proposition are in
f�;vcr af the pr000sed charter, it shall be considered adopted;
and, if ar.y provisions thereof are submitted in the alternative,
�hose ratified by a majority of the vo*es cast thereon shall
prerail. If the charter is adepted, the city clerk shall file
with the secretary of state, the county recorder of the county
irt «hich the city lies, and in the city clerk's cffice a copy of
:he charter acccmpanied by a certificate aktesting to the
accuracy of tne copy and giving the date of the election and the
vo�e by which the charter was adopted. The charter shall take
vf°ect 3C 3ays after tne election, or at such other time as is
f'_xed in �he charter, and shall ther supersede all other charter
prcvis'ens relatinq to such city. Thereupon the courts shall
take judici=l notice o: the new charter and, upon the election
o: o__i�ers *_hereunde-, the off:cials of the former corporation
sha:i deiiver to them the records, mor.ey and other public
property ir. their control.
HZST: (1285} RL s 755; 1959 c 305 s 2; 1969 c 1027 5 1; T9']3 c
123 art 5 s 7; 1976 c 181 s 2; 1986 c 499
==4.�.12
4i0.12 Amendr.lents.
http:/lwwtiv.revisor.leg.state.mn.us/cg-bin/getstatchap.pl 8/24i00
Page 7 of' 12
autharized to administer oaths
The foregoing a�fidavit sha12 be strictly construed and any
af°iant convicted of swearing falsely as regards any particular
thereof shall be punishable in accordance with existinq law.
Subd. 3. May be assembled as one petition. All
petition Qapers for a proposed amendment shall he assembled and
fiied with �he charter commission as one instrument. Within ten
days after such petition is tzansmi*ted to the city council, the
ci�y cle=•k shall determine whether each paper of the petition is
properly attested and whether the peti�ion is signed by a
saf�icient number of voters. The city clerk shali declare any
oetition paper entirely invalid which is not attested by the
..:*culator :hereof as required in this section. Unon completing
ar. examination of the petition, t�e city clerk shall certify the
r_s�lt of tne examination to the council. If the city clerk
shall certify that the petition is insufficient the city clerk
s?�all se* forth in a certificate the particulars in which it is
d>__°ecrive and shall at once notify the committee of the
ce:itioners of the findings. A pe*_ition may �e amended at any
tiTe within ten days after the making of a certificate of
i^sufficiency by the cit:: clerk, by filing a supplementary
peti:±on upon ad.�'.itional papers siqned and filed as provided in
case o° an origiral petitien. The city clerk shail within five
days after such amendment is filed, make examination of the
amer:ded petition, and if the certi_°icate shall show the petition
still to be insufficient, the city clerk shall file it in the
city clerk's office and notify the committee of the petitioners
ci tne findings and no further action shall be had on such
ir.sufficient petition. The findinq of the insufficiency of a
pet;ticn shall no= prejudice the filir.g of a new petition for
tne same purpose.
Subd. 4. Election. P.cner.dments sha11 be submitted to
��e qualified vcters at a general or special elec*_ion and
pub:isF:ed as in t^e case ci the origir.al charter. The form of
*_he ballot shall be fixed by the gove.rnir,q body. Tha statement
c� t^e question on the baliot shall be sufficient to identify
�he amendment clearly and to distincuish the ouestion from every
ct^:er questioa or. the ballot at the same time. If 52 percent of
�ne vctes cast on any amen�ment are in fevor of its adoption,
cocies of the amzadment and certi�icates shall be filed, as in
the case of the ozir,inal charter an3 the amendment shall take
ef?act in 30 days from t^e date o* the election cr at such other
time as is fir.ed in the amendment.
Subd. 5. Ar.:endmants proposed by ccuncil. The
ce;:nci2 0` any city having a hone rule charter may propose
charter amendments to the voters by ordiaance. Any ordinance
;ro�os'ng sucn ar, amendr„ent shall be submitted tc the charter
_...-u:issi�r.. Withir: o'C da•ys therea_ter, the charter commission
sha':2 _=view the groposed amendaent bu� before the expiration of
suc�_ �ericd the cc�:�issicn may ex�e^.d the time fcr review for an
acditional 90 days by filing with the city c'_erk its resolution
da�ermin_av that ar. additional time for teview is needed. After
re�:ie.r�nc the proposed am_ndment, the charter commission shall
aperove or reject the proposed amendment or sugqest a substitute
amendment. The commissian shali promptly notify the council of
:he action taken. On notification of the charter coenmission's
action, the counci: may submit Co the people, in the �ame manner
as orovided in subdivision 4, the amer.dment originally proposed
br it or �he subsc'_tute amendment proposed hy the charter
http:/htilvw.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 8/24/00
' Proposed City Charter Amendment
Language to be removed is et�teken Attacheent 2
I.anguage to be added is boid and underlined.
The fotlowing modifications are proposed for CHAPTER 7 of the ciry charter,
tided TAXATTON AND FINANCES:
Section 7.02. POWER OF TAXAT'ION.
1. , ,.
2. The City Councit may also lery a tax +�y-yeer against real and personal property within the City in addition to
said limit as defined in paragraph 1 provided the Counci! shall:
A. Adopt a resolution declaring the necessiry for an additional tax levy and spccifying the purposes for which
such additional tax levy is required.
B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of die City
setting farth the contents of the resolution described in Subdivision A.
C. Adopt after such pubhc hearing a resolution by�aa aff"umahve vote of a least four (4��meu�bess� ��
, � •s; r::
Council wfiich �'' `. shayl be `p'resented` as a clear: an��coticis� .. �iin°
, _ _ _ _ . --- _, . - --- v _; : �.,. :�
,,. ,
D The addifional tax tev�siiall take effect if 51% of the votes cast at said elecHoa are iri�' avor "+'
adopHon. : ,, ': _ . ..
_ ,.
•;tir � .:-� . -
3 Anv other fees created `or incteased' bevond the limifs set `forth in snbsection i: :shall renuire''vofet
ap,provai as stloulated in subsect'ion 2. •" �^-�" ''
. . . , ... ,. ..,
A For the parposes of this "sutisection "fees° iriclades`bat ls nof necessaril�limited�fo sa�es an�w6`st
tFouarv monetarv-charge by cltv�overnment. ;, ' - ` "'= '.
.. . . .
ie "nnrnncnc nf thia anhcoofinni :��faaa��. dnpc nnt'3nclode� ; Parks and Recreation Deosr'tment
ition of a tax or fee base. add aa ezfension of an ezptrine tax or fee" _ ,
_ ,_ . _> . .. . -:. . : , , , _,. „___.._, .u= : -;.i==;�
instrumeniality`of or within'the citv. " `' , "`i" `• '
. �_..,:-.
E For fHe p"nrpose of addressinQ nataral dissstets'tBis snbsection ddes'nof aabiv to any specific'emerQgp�y
measare sutborized in Ghapter 7 sectIon':08 (7.08Z " ?� --R° -"
TO: WILLIAM W. BURNS, CITY MANAGER�
�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
CRAIG A. ELLESTAD, ACCOUNTANT
SUBJECT: RESOLUTION ADOPTING A"PROPOSED" BUDGET
FOR THE FISCAL YEAR 2001
DATE: August 11, 2000
In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached
is the 2001 "proposed" budget.
Chapter 275 requires the City to certify a"proposed" budget to the County Auditor
prior to September 15.
We request the City Council pass the attached resolution and adopt the2001
"proposed" budget.
RDP/ce
Attachment
:
RESOLUTION NO. - 2000
A RESOLUTION ADOPTING THE PROPOSED BUDGET
FOR THE FISCAL YEAR 2001
WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an
annual budget; and
WHEREAS, the City Manager has prepared such document and the City Council has met several times
for the purpose of discussing the budget; and
WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall hold a public
hearing to adopt a budget; and
WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is
appropriate;
NOW THEREFORE, BE IT RESOLVED thatthe following budget be adopted and approved:
GENERALFUND
Taxes and Special Assessments:
Current Ad Valorem
Deliquent, Penaities,
Forfeited
Special Assessments
Licenses and Permits
Licenses
Permits
Intergovernmental:
Federal
State-
Locai Government Aid
Homestead and Agriculture
Credit Aid
All Other
Charges for Services:
General Government
Public Safety
Conservation of Health
Recreation
Fines and Forfeits
Interest on Investments
Miscelianeous Revenues
Other Financing Sources:
Sales of General Fixed Assets
Liquor Fund
Closed Debt Service Fund
Employee Benefit Fund
Police Activity Fund
TOTAL REVENUES AND OTHER
FINANCING SOURCES
Fund Balance:
General Fund Reserve
TOTAL GENERAL FUND
ESTIMATED
REVENUE
$ 4,016,800
54,000
6,000
186,000
653,000
5,000
1,687,729
1,069,173
535,782
800,410
150,525
12,500
236,300
190,500
435,000
153,600
20,000
300,000
232,900
150,000
193,105
11,088,324
575,698
$ 11,664,022
19
Legislative:
City Council
Planning Commissions
Other Commissions
City Management:
General Management
Personnel
Legal
Finance:
Elections
Accounting
Assessing
MIS
City Clerk/Records
Police:
Police
Civil Defense
Fire:
Fire
Rental Inspections
Public Works:
Municipal Center
Engineering
Lighting
Park Maintenance
Street Maintenance
Recreation:
Recreation
Naturalist
Community Development
Buiiding Inspection
Pianning
Reserve:
Emergency
Nondepartmental:
APPROPRIATIONS
$ 119,380
1,760
3,351
286,552
140,973
296,298
1,025
602,715
149,686
272,445
148,641
3,492,745
15,629
873,361
97,156
238,126
508,822
203,600
906,610
1,282,330
818,617
280,820
304,315
445,545
100,000
73,520
$ 11,664,022
SiPECIAL REVENUE FUNDS
Cable N Fund
Grant Management Fund
Solid Waste Abatement Fund
Housing Revitialization Fund
Police Activity Fund
Fund Balance
TOTAL SPECIAL REVENUE FUNDS
CAPITAL PROJECTS FUND
Capital Improvement Fund
Taxes-Current Ad Valorem
HACA
Interest on Investments
Park Fees
Fund Balance
TOTAL CAPITAL PROJECTS FUND
$151,000
432,530
277,500
250,000
115,000
78.786
$ 1,304,816
$ 70,550
15,000
417,225
30,000
81 2
$ 1,348,400
General Capital Improvement
Streets Capital Improvement
Parics Capital Improvement
$ 114,481
432,530
314,700
250,000
193,105
$ 1,304,816
$ 204,000
830,000
314,400
$ 1,348,400
AGENCY FUND
Six Cities Watershed Fund
Taxes-Current Ad Valorem 6,200 Six Cities Watershed 6,200
TOTAL AGENCY FUND $ 6,200 $ 6,200
TOTAL ALL FUNOS $ 14,323,438 $ 14,323,438
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF AUGUST
2000.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
a�aioo
Z�
NANCY J. JORGENSON - MAYOf
0
A�
TO: WILLIAM W. BURNS, CITY MANAGER �Q[
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
CRAIG A. ELLESTAD, ACCOUNTANT
SUBJECT: RESOLUTION CERTIFYING THE "PROPOSED"
TAX LEVY REQUIREMENTS FOR 2001 TO THE
COUNTY OF ANOKA FOR COLLECTION WITH
NO TAX INCREASE
DATE: August 11, 2000
In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached
is a resolution certifing the "proposed" tax levy requirements to the Anoka County
Auditor.
Chapter 275 requires the City to certify its "proposed" tax levy requirements prior
to September 15.
The staff is recommending a2001 "proposed" tax levy of$4,137,304. This is a
5% increase from what has been approved for the past five years.
We request the City Council pass the attached resolution to certify the "proposed"
tax levy requirements.
RDP/ce
Attachment
21
RESOLUTION NO. - 2000
A RESOLUTION CERTIFYING "PROPOSED" TAX LEVY
REQUIREMENTS FOR 2001 TO THE COUNTY OF ANOKA
WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its "proposed"
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 "proposed" tax levy to be levied in 2000 for the
year 2001.
GENERAL FUND
General Fund
CAPITAL PROJECT FUND
Capital Improvement Fund - Parks Division
AGENCY FUND
$ 4,137,304
72,667
Six Cities Watershed Management Organization 6,200
Stonybrook Creek Sub-Watershed District
TOTAL ALL FUNDS
8,900
$ 4,225,071
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY
OF AUGUST, 2000.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
22
NANCY J. JORGENSON - MAYOR
TO: WILLIAM W. BURNS, CITY MANAGER �t�l'
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
CRAIG A. ELLESTAD, ACCOUNTANT
SUBJECT: MODIFICATIONS TO THE 2000 BUDGET
DATE: AUGUST 18, 2000
Attached you will find a resolution amending appropriations to the2000 budget
in accordance with the City Charter.
The adjustments listed have arisen as a result various donations, unforeseen
expenditures and revenues, and reclassification of account codings. You have
informally approved all adjustments through the Budget reappropriation form.
We request that the Council approve the amendment of the attached budgets.
RDP/ce
Attachment
23
Resolution # - 2000
A RES.OLUTION AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND FOR JANUARY THRU AUGUST, 2000
WHEREAS, the City of Fridley has involved itself in initiatives that provide for
future charges and modifications that will allow for a better delivery of service, and
WHEREAS, the City of Fridley had not incorporated these and other necessary
changes into the adopted budget for 2000.
NOW, THEREFORE, BE IT RESOLVED that the General Fund and Capital
Improvement Fund budgets for the folfowing divisions be amended as follows:
GENERAL FUND
REVENUE ADJUSTMENTS
Police-Grant
Police-Reimbursement
Police-Reimbursement
Police-Reimbursement
Police-Reimbursement
Police-Reimbursement
Fire-Donation
Fire-Reimbursement
Recreation-Donation
APPROPRIATION ADJUSTMENTS
Police-Personal Services
Police-Personal Services
Police-Personal Services
Police-Personal Services
Police-Personal Services
Police-Personal Services
Fire-Supplies
Fire-SupplieslCharges
Recreati on-Su ppl ies/Cha rges
5,608
5,946
4,796
3,250
1,200
1,200
1,000
123
75
���
5,608
5,946
4,796
3,250
1,200
1,200
1,000
123
75
23• 198
24
State of Minnesota
City of Blaine
State of Minnesota
Anoka Country
Anoka Country
Anoka Country
Fridley Lions Club
Anoka Cty Fire Protect Council
Norwest Bank
Juvenile Accountability
Truancy Program
Emergency Mgm't Program
Detox Transportation
Drug Task Force
Drug Task Force
Smoke Detectors
Training Course
Video Dance Party
CAPITAL IMPROVEMENT FUND
GENERAL CAPITAL IMPROVEMENT
REVENUE ADJUSTMENTS
Fund Balance
Fund Balance
Fund Balance
Fund Balance
63,064
35,539
25,272
16,172
140.047
APPROPRIATION ADJUSTMENTS
Election Equipment
Muni Center Plaza Improvements
Emergency Generator
Muni Center Security System
Capital Outlay 63,064 Election Equipment
Capital Outiay 35,539 Muni Center Plaza Improvements
Capital Outlay 25,272 Emergency Generator
Capital Outlay 16,172 Muni Center Security System
140•047
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 28TH, DAY OF August, 2000.
NANCY J. JORGENSON - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
FIe=WlAcctg\BudgeflReappropriation /00 Jan-Aug Reappropriations.XLS 8/18/00
25
�
�
UT7 OF
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
August 28, 2000
William W. Burns, City Manager�� �
Richard D. Pribyl, Finance Director
Deb Skogen, City Clerk
August 23, 2000
Blaine Jaycees Gambling Premise Permit Applicallon
Shorewood 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, however, their lease with Shorewood will expire
on October 31,2000.
The Blaine Jaycees was contacted by Shorewood and has signed a Lease to begin charitable
gambling after MYAS concludes their charitable gambling.
The application requires a resolution of approval from the City Council. If approved, the
premise permit would become effective November l, 2000. Please find a resolution for the
premise permit application. Staff recommends approval of the premise permit by adoption of the
attached resolution.
26
RESOLUTION NO. - 2000
RESOLUTION IN SUPPORT OF AN APPLICATION FOR
A MINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR
BLAINE JAYCEES (SHOREWOOD RESTAURANT�
WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota
Lawful Gambling Premise Permit for the Blaine Jaycees; and
WHEREAS, the location of the Premise Permit is for the Shorewood Restaurant, 6161 Highway 65
Northeast and the Lawful Gambling would become effective November 1, 2000; and
WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable
gambling operation.
NOW, TI-iEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the
Minnesota Lawful Gambling Premise Pernut Application for the Blaine Jaycees at Shorewood
Restaurant located at 6161 Highway 65 Northeast.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28�
DAY OF AUGUST 2000.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
27
NANCY J. JORGENSON - MAYOR
�
�
QTY OF
FRro�r
To:
From:
Subject:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
AUGUST 28, 2000
William B. Burns, City Manager ��
Richard Pribyl, Finance Director
Debra A. Skogen, City Clerk
Resolution Appointing Polling Locations and Election Judges for the 2000
Two Year Election Cycle
August 24, 2000
The City has had overwhelming response from citizens who are interested in serving as an
election judge during the elecrion this year. The attached resolution appoints four additional
election judges for the 2000 two-year election cycle. The election judges have received
training, which qualifies them to serve a two year term as an election judge.
:
RESOLUTION NO. - 2000
RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE 2000
PRIlVIARY AND GENERAL ELECTIONS
NOW, TI�REFORE, BE IT RESOLVED by the City Council of the City of Fridley,
Anoka County, Minnesota, at a regulaz meeting on August 28, 2000.
SECTION 1. That on the 12th day of September 2000, and the 7th day of November,
2000, there shall be a Statewide Primary and General Election:
SECTION 2. That the following people are hereby appointed to act as Judges for said
election except that the City Clerk is hereby authorized to appoint qualified substitutes as set
forth in Chapter 4, Section 4.05 of the City Charter:
Julie Delaney
Nina Landt
Roger Sosoleil
Nancy Torres-Ocasio
Jean Wagener
SECTION 3. Compensation for said Judges shall be at the rate of $7.50 per hour for
regulaz Judges.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 28TH DAY OF AUGUST, 2000.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
�
NANCY JORGENSON, MAYOR
!
Recreation and Natural Resource Department
emo
To: William W. Burns, City Manager �� �
From: Jack Kirk, Director of Recreation and Natural Resources •�
Date: August 23, 2000
Re: Grant Funds for Soccer Fields
The youth soccer program in our community continues to draw large numbers of
participants and finding enough game and practice facilities is a constant
challenge. Over the past four years, participation in the Fridley Youth Sports
Association soccer program has averaged over 350 boys and girls each season.
A cooperative effort of using city park fields and school district athletic areas has
allowed us to provide facilities for this program, however, there is still a need for
some additional spaces.
To address this concern, there was a recent meeting of School District, City and
Youth Sports Association representatives. I participated in this meeting, along
with Park Maintenance Supervisor Dave Lindquist and Recreation Program
Supervisor Mark Daly. We all-seemed to agree that there was a need to expand
and upgrade some of the soccer facilities and that the most practical and cost
effective approach would be to use existing City or School District property. After
discussion as to possible sites for soccer field expansion, we agreed that the
open fields to the northwest of Fridley Middle School would offer the best
solution. There are some baseball fields in this area, however, overall it is an
underutilized area of the Commons Park — Middle School complex.
The State of Minnesota, through the Minnesota Amateur Sports Commission and
the Department of Children Families and Learning is providing grant funds to
help develop sports facilities in communities. Improving soccer facilities was the
driving force behind the legislation to provide these dollars. The representatives
at our recent meeting thought that a joint effort af the City, School District and
the Youth Sports Association would make for an attractive grant applic�tion to be
considered for soccer fields. There was a sense of urgency in getting an
application together, since the deadline for applying was August 15'h. Steve
George, Athletic Director for Fridley High School, put together the application
and submitted it to the State. It does name the School District and City as
applicants and is accompanied by a letter stating that the application is being
submitted pending approval of the School Board and the Fridley City Council.
The grants being offered will provide matching funds for 50% of a project the
30
size we have been looking at. The majority of the project is improving the turf
areas for the fields and purchasing soccer goals. The estimated total costs on
the project are $12,000. With School District, City and Youth Sports Association
participation on the 50% match, I believe we should be able to find a way to
cover the City costs (possibly in the operating budget). The soccer field
upgrades at the Middle School can be looked at as the first phase of a longer
term project to improve the community facilities in this area. We have discussed
the creation of a winter play area to include a skating oval on the track and a
centralized community skating complex. The improvement of soccer fields in this
area will give this area a year-round use to the facilities that may be needed.
The attached resolution was drafted by the School District in support of the grant
application. It is my understanding that the School Board passed this resolution
at their most recent meeting. Also attached is the grant application that was
submitted by Athletic Director Steve George. I believe this is a good opportunity
for the City and a real benefit to the growing soccer program. If the City Council
concurs that this is a good project for the City to be a partner in, I would
recommend their support of this attached resolution. Please let me know if you
need additional information or would like to discuss this further.
31
RESOLIITION NO. - 2000
RSSOLIITION OF APPLICATION FOR MINNSSOTA Ab1ATBUR
SPORTS COD�lISSION/MINNBSOTA DSPARTMENT OF CHILDRSN,
FAMILISS & LSARNING GRANT
WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State Fund,
provides for capital funds to assist political subdivisions of the State of
Minnesota for the development of sport facilities; and
WHEREAS, Independent School District No. 14 and the City of Fridley desire to
develop and improve soccer facilities for boys and girls of the school
district and community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, as
follows:
1. It is estimated that the total cost of developing said facility
shall be $12,000, and the City of Fridley and Independent School
District No. 14 are requesting $6,000 from the MASC/CFL General
Fund and will assume responsibility for a match requirement of
$6,000.
2. The City of Fridley and Independent School District No. 14 agree
to own, assume 100 percent of the operation costs for said sport
facility, and will operate said facility for its intended purpose
for the functional life of the facility which is estimated to be
50 plus years.
3. The City of Fridley and Independent School District No. 14 agree
to enter into necessary and required agreements with the Minnesota
Amateur Sports Commission for the specific purpose of constructing
a sport facility and long-term program direction.
4. That a joint application be made to the State of Minnesota,
Minnesota Amateur Sports Commission and the Department of
Children, Family & Learning. -
5. That the Mayor of Fridley and the Superintendent of Tndependent
School District No. 14 are authorized and directed to execute said
application, and the Director of Buildings and Grounds for
Independent School District No. 14 shall serve as the official
liaison with the Minnesota Amateur Sports Commission.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28tY1 DAY OF
AUGUST, 2000.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
32
NANCY J. JORGENSON - MAYOR
�
Fridiey High School
Athletic Of'fice
s000 west nnoore take �ri�re
FricNey, IVIN 5543�2
August 15, 2000
Department of Children, Families & Leaming
Division of Management Assistance
1500 Highway 36 West
Roseville, MN 55113
Dear Sir or Madam:
Please consider this application for the MASC/CFL Grant pending the approval of our School Board
and the Fridley City Council.
Sincerely,
Steve George
Athletic Director
33
V1'ritten Description of Project
• Land is already owned by Independent School District # l4. (Fridley Public Schools)
• Phase I of the project is the development of three soccer fields.
• Excavation of area, bringing in topsoil, crowning of fields and planting of grass seed for three fields.
• Goals for the three new soccer fields.
BudQet
• Excavating, grading, planting of seed $6000
• Three pairs of goals for the soccer fields (52000/pair) 6000
• 'Total
$12,000
Pro�ram '� arrati�•e
As in many communities in the state, soccer is undergoing rapid growth in the Fridley School District and
Community. Boys' and Girls' soccer programs were added to the high school sports program 3 years ago
and are beginning their 4'" season of competition in the fall of 2000. The high school projecu that over 100
7'" — 12'" grade students will be involved in the school program in the fall of 2000. In the communiry
program, the numbers have grow�n from 212 players in 1994 to 453 in 2000. The Ciry of Fridley has
cooperated with the school district by allow•ing the high school program to use ciry facilities and
equipment. The ciry has cooperated by lining fields and providing a liehted field for evening competition.
As the soccer programs in the schoo] district and community have grow�, it has been difficult Co provide
enough fields for the participanu. One of our communiry's large businesses (�tedtronic) has two corporate
soccer teams. Medtronic has been fotced to have games and practices at the \ational Sports Center in
Blaine because the facilities in the communiry and school district are under such heavy pressure.
These tw�o new full-sized fields will give the high school teams a quality pracrice faciliry and allow for
other teams to use the fields ouuide of the high school season. Junior Varsiry and other lower level games
can also be played on these fields.
The community soccer program had 453 soccer players in the spring/summer of 2000. The two full sized
fields and additional U-10 field would benefit approximately 267 of those players.
Independent School District # 14 has about 25.6% of its students participating in the free and reduced lunch
program.
The development of the area w�itl be worked on in at least tw•o phases.
Phase I— The proposal currently described in this grant application.
Phase II — Develop the varsiry game field into a multi-use faciliry.
1. Along w ith the ciry, create an ice skating oval around the soccer field.
2. Fence the faciliry
3. Install lighting to benefit soccer and ice skating.
4. Build a w�arming house,'concession stand on the w•est side of the soccer field.
34
pe�utine�t �f C1lWre�. Fas�6a �c Lanvt
plv1� of Mus�e�eN ���a
iS00 Hlgbvray 3: Wat
Rae,�{/e, �MJV ssti�
iS VSi2-�
ppplication Form
Fridley Soccer Complei
Project Name:
Name of AppUudoa Oc��ntz�dor (r'�
,�st be a PubUc Endtp)�ri y p��h��
Sch 1
6000 West Moore Lake Orive
r d ev. MN 55432
ChlelEzautive: Dr. Mdrv Ann `''-- C„wA~;^*�n�pnt
Conbict Pcnon:�Ve
Athletic Director
prnjectDacripdon: Phase I' To develpp two tuii-s�ze prd4���c a��� u�
fields and one U10 soccer field for scho4l , �+:� a�� r_orfmufli�Y use_
Grint Amoant Reqnested' �6 Cost of ToW ProJect:.��?.nnn
Proposed Len�tb oi ProJcct: Start Date 4/1/2041 Completion D�te:][ 1/ QO1
nf tchool Di5trlCt
Sourcts and Amount ot Matching Funds (It Any) Joi nt effor� -
#14, City of Fridley, Fridley-Heights Soccer Club, and Metronic Corp.
Year Round Program Yes _ No X 1 Months
New Program Y� N0
X No Growth of Community and
Expansion ot Ezisting Program Ya School progrdms
Authorized Signature
io
35
�
1
I
,.
� .
Frldley
independent
School Dist�ict
M14
„ .—
�
RKS CncJ� lC. e
c
0
�
x
School District #14 Boundaries:
79th Way East to Main Street -- South to 6�th Avenue — East to
Stinson Bou�eva�d — South to 57th Avenue — Wesf to 7th S1��et -
South to 53rd Avenue — West to the Mississippi River.
36
0
�
s�
O
C
I
I
1
FRIDLEY SOCCER COMPLEX
Proposed U-10 tield
!1
t
PhASe I .
Proposed eame/practice tields
w
I�
��
��
�
, �t�
Proposed,soccer only,
�ame field (Hi�b school
and Coa►munfty use)
� Phase II
37
m
• '�
/�..f
AA
`I^w
^-'` r
. j �w���
v: v
v .-=
n�.vvi�„' �.-
�
: � . AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 28, 2000
CRY OF
FRIDLEY
TO: The Honorable Mayor and City Council
FROM: William W. Burns, City Manager
�
DATE: August 24, 2000
SUBJECT: 2001 City Calendar
Attached is a proposed 2001 calendar which indicates City Council meetings and
holidays. In addition to the City Council meetings, conference meetings were
scheduled during the months of January, February, April, May, August, October and
November. Budget work sessions were tentatively set for June � 1 and 12.
Staff recommends that Council approve the attached resolution and the 2001
calendar of City Council meetings and holidays. Thank you for your consideration
of this matter.
WWB:rsc
Attachments
�
R$SOLIITION NO. - 2000
RSSOLUTION D$SIGNATING TIME AND NiJMBER OF COIINCIL
ME$TINGS FOR 2001
WHEREAS, Section 3.01 of the Charter of the City of Fridley requires
that the City Council meet at a fixed time not less than once each
month; and
WHEREAS, Section 3.01 of the Charter of the City of Fridley requires
that the Council shall meet at such times as may be prescribed by
resolution; and
WHEREAS, it is the intent of the Council to comply with the open
meeting provisions contained in Minnesota Statutes 471.705 as
interpreted by the courts;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley that:
1. The Council will hold regular meetings in the Council Chambers of
the Fridley Municipal Center, commencing at 7:30 p.m. on the
following Mondays in 2001:
January 8, January 22, February 5, February 26,
March 5, March 26, April 9, April 23, May 7, May 21,
June 4, June 18, July 9, July 23, August 13, August
27, September 10, September 17, October 8, October 22,
November 5, November 19, December 3 and December 17.
2. The Council will hold conference meetings at the Fridley
Municipal Center, at which time matters are discussed but no
formal action is taken, commencing at 7:00 p.m. on the following
Mondays in 2000:
January 29, February 12, April 16, May 14, August 20,
October 15, and November 26.
3. On the dates of regular Council meetings, conference meetings
will be held in the Fridley Municipal Center at 7:00 p.m. and
following adjournment of each regular meeting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF AUGUST, 2000.
NANCY J. JORGENSON - MAYOR
ATTEST:
DEBR.A A. SKOGEN - CITY CLERK
39
� �
� O �
r� ey
D
RAFT
200� �aler r
da
�
January '• February March
S M T W T F S S M T W T F S S M T W T F S
2 3 4 S 8 � 1 ! 2 3 1 2 3
7 8 9 10 11 i 12 13 : 4 5 8 7 8 j 9 70 4 5 � 8 7 8 9 70
14 18 17 18 � 19 I 20 �.: 17 � 12 13 � 1♦ j 15 � 18 � 17 i1 I 12 13 14 15 18 17
21 22 23 24 25 28 27 18 X 20 I 27 22 j 23 � 24 18 19 � 20 21 22 23 24
28 29 30 31 25 28 7/ 28 i 25 28 27 28 29 30 31
� i
i
April May June
S M T W T F S S M T W T F S S M T W T F S
7 2 3 4 5 8 7 1 � 2 I 3 ' 4 � S � 1 2
8 9 10 11 12 13 14 . 8 7 8 9 10 : 11 � 12 3 I 4 5 8 7 8 9
15 78 17 78 19 20 21 .. 73 14 15 16 I 17 � 18 ( 19 10 1 1 13 11 15 IB
22 23 24 25 28 ' 27 28 20 21 Y2 23 ' 24 ' 2S 28 17 18 19 20 21 22 23
29 30 ' 27 X 29 30 31 26 25 26 27 28 29 �30
I
I , ! I I
July . August September
S M T W T F S S M T W T F S S M T W T —r F S
1 2 3 I� 5 � 8 7 .,, � 1 2 �I 3 j 4 I I 7
8 9 10 11 12 73 14 : 5. 6 7 8 i 9 ' 70 � 11 2 x 4 5 8 7 8
15 16 � 17 18 19 � ZO 21 �. 12 13 14 .� 15 18 ' 17 I 18 9 10 /1 12 13 14 15
22 23 24 25 28 ��, 27 28 ' 19 20 21 22 ;� 23 � 24 25 18 1� � 18 19 20 21 22
29 30 31 I . 28 27 28 ' 29 �, 30 ; 31 3 26 25 26 27 � 28 29
� I I
I i j ..�. i ' � � , 30 i � i
October November December
�
S M T W T F S S M T W T F S I S M T W T F S
i' z I s� a. s s � i 2 3 i � I T I �
7 8 i 9 I 70 11 �i. 72 � 13 . 4 5 6 � 7 8 � 9 10 II 2 3 4 5 6 7 8
11 15 16 I 17 1B 19 I 20 �� 17 13 10 � 15 , 18 � 17 � 9 10 11 12 13 /4 75
21 22 i 23 24 25 28 27 ' 1B 19 20 21 ��� � 2! 16 17 18 19 ZO 27 22
28 29 � 3p 31 � '�, 25 28 27 28 29 �. 30 23 x I 28 T7 28 29
i i
I i j � 30 31
� I
O City Council Meeting
� Budget Work Sessions
❑ Conference Meeting
X Holiday
Annual Conferences
NLC: Congressional City Conference - Mazch 8-13
Congress of Cities and Exposition - November 27 — December 1(Atlanta)
LMC Annual Conference: June 19-22 (Duluth)
ICMA Annual Conference: September 23-26 (Salt Lake City)
Holidays: 9 Holidays (per City Code)
2 Floating Holidays:
a. Friday after Thanksgiving (November 23)
b. Christmas Eve (December 24)
. �
�
�
CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 28, 2000
Memo to: The Mayor and Council
From: William W. Burns, City Manager ��
t1�
Subject:
Date:
LMC's Statewide Education Effort
August 24, 2000
The League of Minnesota Cities has asked us to pass a resolution in support of their
statewide education effort. The effort is called "Minnesota Cities Building Quality
Communities." It is an effort to link City services to the quality of life in Minnesota and
thereby establishes a strong public relations background for their 2001 legislative
program. As I understand their program, it has many of the same purposes as our current
efforts to market Fridley through our newsletter and our cable television programming. In
fact, I think we are probably way ahead of anything they ever imagined.
Since we are already heavily involved in the efforts that the LMC are promoting, I
recommend your approval of the attached resolution. I also suggest that you name me as
your contact person for this campaign.
WWB
Attachment
��
RBSOLUTION NO. - 2000
RESOLIITION DECLARING THE CITY OF FRIDLEY'S
COI�IITMENT TO PARTICIPATE IN THE " MINNESOTA
CITIES : BUILDING QUALITY CObIlKtTNITIES" FsDUCATIONAL
EFFORT
WHEREAS, the top values and priorities of citizens include safety,
family, job opportunities, health, the well-being of children, and
recreational opportunities; and
WHEREAS, many of the services cities provide directly enhance those
citizen priorities; and
WHEREAS, the connection between city services and how they benefit
citizen priorities and concerns is not always understood by citizens;
and
WHEREAS, it is one of the responsibilities of city officials to ensure
legislators, media and citizens understand their governments through
open and frequent communication using various avenues and means; and
WHEREAS, it is important to encourage citizens to actively participate
in city government, to share their views, and to work in partnership
with city officials to ensure that the needs of the community are met;
and
WHEREAS, partnerships developed between citizens and city officials
can result in greater understanding of the connection between
Minnesota's high quality of life and the services provided by
Minnesota cities, as well as in greater trust by citizens in the
efforts of their city government;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley, that the City hereby declares its commitment to join in the
" Minnesota Cities: Building Quality Communities" statewide education
effort in cooperation with our fellow members of the League of
Minnesota Cities. We hereby designate as
the City of Fridley's key contact for this effort, and will inform the
League of Minnesota Cities of this designation.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28th DAY OF AUGUST, 2000.
ATTEST:
DEBR.A A. SKOGEN - CITY CLERK
42
NANCY J. JORGENSON - MAYOR
�
�
C(T'Y OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 28, 2000
TO:
FROM:
DATE:
SUBJECT:
William W. Burns, City Manager,�{�( (O
,I►'''
Lt. Herb Zimmerman
August 24, 2000
2000-2001 Animal Control Contract
Attached is the proposed 2000-2001 animal control contract. We are once again
proposing this contract be made with Brighton Veterinary Hospital. There are no
changes in the new contract, including compensation.
The Fridley Police Department is very satisfied with the service provided by the
Brighton Veterinary Hospital and recommends approval and signing of the contract.
Attachment
43
ANIl1+tAL CONTROL CONTRACT
This contract, made and entered into this day of August 2000 by and between
Brighton Veterinary Hospital, 2615 Mississippi Street, New Brighton, 11�nnesota, 55112,
hereinafter referred to as "animal shelter" and the City of Fridley, a municipal corporation,
6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to as "city".
I. TERM
The term of this contract shall be from September 1, 2000 through August 31,
2001.
II. ANIMAL SHELTER SERVICES
The city agrees to purchase and the animal shelter agrees to furnish the following
services:
1. Shelter for animal drop-offs on a 24-hour basis.
2. Animal examinations and veterinary care as required during normal business
hours.
3. Seized stray animals shall be held for five (5) regular business days. After five
regular business days the city shall have no right or interest in such animals.
4. Euthanasia and disposal if required due to serious injury, illness, or after five
regular business days, in compliance with State Statute MS 35.71.
5. Receiving and disposing of dead animals delivered by the city.
6. Upon request, train city animal control officers in safe and humane handling
and apprehension of animals.
7. Keep accurate records of all animals impounded, boarded, and destroyed,
pursuant to this agreement and furnish monthly statements to the city.
8. Keep the animal shelter open during normal business hours of the Brighton
Veterinary Hospital and not less than normal business hours of the city.
9. The animal shelter, during normal business hours, shall be open for inspection
by the city or it's agents.
10. Collect boarding fees at $12.00 per day for dogs and $10.00 per day for cats,
per animal from owners who retrieve animals. Fees are kept by the animal
shelter.
..
11. Hold any impounded animal being reclaimed until proof of appGcable current
licensing and rabies vaccine is produced.
12. Serve as animal control officers for the city, as defined in Fridley City Code
Chapter 101, and as applicable to the operation of the animal shelter.
III. CITY RESPONSIBII,ITY
After normal business hours, the city will transport any injured animals that are in a
live threatening condition to the Affiliated Emergency Veterinary Services, at no
cost to the animal shelter. After treatment and release the city will transport the
animal to the animal shelter.
N. COMPLIANCE WITH LAWS
In providing all services pursuant to this contract, the animal shelter shall abide by
all statutes, ordinances, rules and regulations pertaining to or regulating the
provision of such services.
V. AUDIT DISCLOSURE AND RET'ENTION OF RECORDS
The animal shelter agrees to make available to duly authorized representatives of
the city and either the legislative auditor or the state auditor for the purpose of
audit examination, any books, documents, papers, and records of the animal shelter
that are pertinent to the animal shelter's provisio� of service hereunder. The
animal shelter further agrees to maintain all such required records for three years
after receipt of final payment and the closing of all other related matters.
VI. ANIl�IAL SHELTER RESPONSIBILITIES AND INSURANCE
The animal shelter shall be responsible for all damages, harm or illness suffered by
the animals under its care and in its custody which may be due to the negligence of
the animal shelter. Said animal shelter shall save the city harmless from any
damages, costs, actions, or causes or action, or claims made against the city for
any harm, losses, damages, or expenses or account of bodily injury, sickness,
disease, improper disposition, death, and property damage resulting from the
animal shelter's operation.
The animal shelter shall procure and keep in full force comprehensive general
liability insurance in the amount of not less than $100,000 and $350,000 to
safeguard and indemnify the city for any of the occunences aforementioned. Such
insurance policy must be filed with the city clerk.
45
VII. COMPENSATION
1. The city shall pay the animal shelter the sum of $1,200 per month for services
stated in this contract. Said sum shall be paid on or about the last day of the
month, or within thirty (30) days after submission of the monthly claims, by the
animal shelter.
2. The animal shelter may charge and retain customary veterinary fees including
rabies, and distemper-parvot (DHPP) vaccine.
VIII. EARLY TERMINATION
This contract may be ternunated by either party, with or without cause upon thirty
(30) days written notice, delivered by United States mail or in person, to the other
party. For purposes of such notice, the address of the animal shelter is:
Brighton Veterinary Hospital PA
2615 Mississippi St.
New Brighton, MN 55112
and the address of the city is:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
IX. MODIFICATIONS
Any material alterations, modifications or variations of the tenns of this contract
shall be valid and enforceable only when they have been reduced to writing as an
amendment and signed by the parties.
X. ENTIRE AGREEMENT
It is understood and agreed by the parties that the entire agreements of the parties
are contained herein and that the contract supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the animal shelter and the city
relating to the subject rnatter hereof. The parties hereto revoke any prior oral or
written agreement between themselves and hereby agee that this contract is the
only and complete agreement regarding the subject hereof.
ANIMAL SHELTER
CITY
I �J ��
By: ; �� � � � � ` _ _ By:
��
�
Title: /�- \� ^�? � , � , _�� ki �!�`�
: -
, � �
Date• ,' � /4- �:.� �: � i,,
Title:
Date:
47
Title:
Date:
Title:
Date:
�
�
CRY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 28, 2000
��
TO: WILLIAM W. BURNS, CITY MANAGER � a�
�
FROM: WILLIAM A. CHAMPA, MANAGEMENT ASSISTANT
SUBJECT: REQUEST TO HOLD PUBLIC HEARING
FOR WIDEOPENWEST MINNESOTA, LLC
DATE: AUGUST 25, 2000
In response to the City's Notice of Intent to Franchise, Cable Communications
System Request for Proposals, and accompanying Technical Specification
Memorandum, we have received one application for a cable system franchise.
This application was submitted by WideOpenWest Minnesota, LLC.
The applicant appears to have met the minimum requirements to obtain a cable
television franchise in Fridley. In compliance with Minnesota State Statutes and
the City Charter Chapter 10.09, staff requests that a public hearing be held on
September 25, 2000, to discuss the cable system franchise application.
.;
�
�
Q1Y OF
FRIDLEY
Name
Myra
Harris
Johnson
Sue Anne
Kirkham
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 28, 2000
Position
Public Safety
Projects Coord'r
Exempt
Acc't'g/Data
Proc'g Clerk/
Cashier
Non-exempt
Appointments
Starting
Salary
$43,347.20
per year
$13.40
per hour
.•
Starting
Date Replaces
Aug.29, Rose
2000 Griep
Sept.6 Mechell
2000 Turok
: AGENDA ITEM
COUNCIL MEETING OF AUGUST 28, 2000
QTY OF
FRIDLEY
CLAIMS
94953 - 95 � 49
�,,
J
�
�
CfTY OF
FRIDLEY
Type of License:
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 28, 2000
CIGARETTE SALES
East River Road Texaco
8100 East River Road
Fridley, MN 55432
PRIVATE GAS PUMP
Park Construction
7900 Beech Street NE
Fridley, MN 55432
LICENSES
�
Don M Kisch
Approved By:
Police Department
Fire Department
Community Development
Jan Lalley Police Department
Fire Department
Community Development
TEMPORARY INTOXICATING LIQUOR
Totino-Grace high School Angie Manella
1350 Gardena Avenue
Fridley, MN 55432
ELECTRICAL
Mayer Electric Corporation
5128 Hanson Ct
Minneapolis MN 55429
GAS SERVICES
River Cities Mechanical
14960 Afton Blvd S
Afton MN 55001
Suburban Air
8419 Center Dr
Minneapolis MN 55432
Summit Mechanical Inc
11833 Douglas Dr N
Champlin MN 55316
Cherie Holm
Robert Miller
Mark Sims
C J Wiege
51
Police Department
Fire Department
Community Development
STATE OF MINN
RON JULKOWSKI
Building Official
Same
Same
Fees:
$125.00
$ 30.00
$ 25.00
�pe of License: B,�
GENERAL CONTRACTOR-COMMERCIAL
Craftsmen Siding
743 Paul Park Way
Blaine MN 55434 Eddie Lind
Metro Intercom Inc
15686 Heywood Ct
Apple Valley Mn 55124
Whitehorse Development Co
9175 107 St N
Stillwater MN 55084
Scott Lichty
Timothy Jawor
GENERAL CONTRACTOR-RESIDENTIAL
Alpine Designers & Builders (20069780)
6860 Shingle Creek Pkwy
Brooklyn Center MN 55430 Reed Sandstad
Girtz Construction (20216415)
16138 Goodview Cir
Lakeville MN 55044 Jude Girtz
Guyers Builders Express (2589)
13405 15 Ave N
Plymouth MN 55441
Norsk Concrete Construction (7333)
1115 Osborne Rd NE
Minneapolis MN 55432
Osborne Enterprises (20169386)
5869 Hackmann Ave NE
Fridley MN 55432
Approved By:
RON JULKOWSKI
Building Official
Same
Same
STATE OF MINN
Same
Donald Klaers Same
James Jackson Same
John Osborne Same
Reliable Roofing Company (20218872)
9110 Grand Ave S
Bloomington MN 55420 Cathy Poechmann Same
Showcase Builders Inc (20078380)
16026 Lakeshore Dr
Eden Prairie MN 55347 Brad Ervin
Walek Tom Construction (20226198)
3621 Roosevelt St
St Anthony MN 55418 Tom Walek
52
Same
Same
Fees:
Type of License:
HEATING
Peterson & Pinney Inc
4151 Coon Rapids Blvd NW
Coon Rapids MN 55433
Suburban Air
8419 Center Dr
Minneapolis MN 55432
Summit Mechanical Inc
11833 Douglas Drive N
Champlin NIN 55316
MASONRY
Hage Construction
6518 Cambridge St
St Louis Park MN 55426
Mack Chris Contractor
1498 Jackson Ave
St Michael MN 55376
Norsk Concrete Construction Inc
1115 Osborne Rd NE
Minneapolis NIN 55432
PLUMBING
Janecky Plumbing
720 Pontiac Place
Mendota Heights MN 55120
SIGN ERECTOR
Serigraphics Sign Systems Inc
7321 Washington Ave S
Edina MN 55439
�
Ray Turnquist
Mark Sims
C J Wiege
Mitzi Minier
Chris Mack
James Jackson
Dave Janecky
Bob Kane
��
Approved By:
RON JULKOWSKI
Building Official
Same
Same
RON JULKOWSKI
Building Official
Same
Same
STATE OF MINN
RON NLKOWSKI
Building Official
Fees:
�
L
CRY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 28, 2000
ESTIMATES
Allied Blacktop Company
10503 — 89�' Avenue North
Maple Grove, MN 55369
2000 Street Improvement (Sealcoat) Project
No. 2000 — 10
FINAL ESTIMATE:. ......................................................................... $ 7,789.63
W.B. Miller, Inc.
6701 Norris Lake Road N.W.
Elk River, MN 55330
2000 Street Improvement Project No. ST. 2000-1
EstimateNo. 4 .......................................................
Park Construction Company
7900 Beech Street N.E.
Fridley, MN 55432
........................ $114,165:54
TH47 West Ditch Improvement Project
No. ST. 2000 — 6
EstimateNo. 1 .................................................................................... $ 20,709.05
Ron Kassa Construction
6005 — 250�` Street East
Elko, MN 55020
Miscellaneous Concrete Curb and Gutter
and Sidewalk Project No. 330
EstimateNo. 5 .................................................................................... $ 9,859.15
�
� AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 28, 2000
CffY OF
FRIDIEY
Date: 8/23/00 �
To: William Burns, City Manager��
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Paul Bolin, Planner
RE: Public Hearing for an Ordinance repealing Chapter 207 and Amending
Chapter 402 of the City Code regarding Water and Sewer Administration
M-00-142
INTRODUCTION
Recent changes in State Rules and Met Council requirements now require that all
individual sewage treatment systems (ISTS) in the City of Fridley be inspected,
properly maintained, and meet the State criteria for conforming treatment systems.
As a result of these mandates, City Staff is proposing amending the Ciry Code to
reflect these requirements.
Most recent information available has indicated that there are only 5 ISTS's left in
the City of Fridley. City Staff has already had contact with three of the affected -
properties, who have indicated they are wanting to connect to the City sewer
system. Staff has met with these property owners and is currently working on finding
the most cost effective means for making the connection.
PLANNING STAFF RECOMMENDATION
City staff recommends that the City Council hold a public hearing for the repealing of
Chapter 207 and amendment of Chapter 402 of the City Code, titled Water and
Sewer Administration.
55
� AGENDA ITEM
� CITY COUNCIL MEETING OF AUGUST 28, 2000
CfiY OF
FRIDLEY
Date: 8/21 /00 �
To: William Burns, City Manager ���
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Paul Bolin, Planner
RE: First reading of an Ordinance repealing Chapter 207 and Amending Chapter
402 of the City Code regarding Water and Sewer Administration
M-00-140
INTRODUCTION
Recent changes in State Rules and Met Council requirements now require that all
individual treatment systems (ISTS) in the City of Fridley be inspected, properly
maintained, and meet the State criteria for conforming treatment systems. As a
result of these mandates, City Staff is proposing amending the City Code to reflect
these requirements.
PLANNING STAFF RECOMMENDATION
City staff recommends that the City Council hold the first reading of the ordinance to
repeal Chapter 207 and amend Chapter 402 of the City Code, titled Water and
Sewer Administration.
56
AN ORDINANCE REPEALING CHAPTER 207 AND AMENDING CHAPTER 402
PERTAINING TO WATER AND SEWER ADMINISTRATION
Fridley City Code
Chapter 402. Water and Sewer Administration
(Cross-reference: Chapter 207)
(Ref.113, 464, 565, 566, 629, 638, 662, 922, 988)
402.01 CITY MANAGER RESPONSIBLE
The City Manager in the City of Fridley shall have the responsibility of the management and
operation of the municipal water system, sanitary sewer system and storm sewer system in the
City of Fridley. The City Manager shall have immediate control and custody of all properties,
be responsible for their safekeeping and their proper storage and care, and shall provide for
the keeping of a full and accurate record of all work done with respect thereto, the cost thereof,
the names of persons employed, hours worked and such other information and records as
may be required by the City Council. Further, the City Manager shall have immediate charge of
all employees necessary to the operation of the said utilities of the City. (Ref. 113)
2�02�.402.02. POLICY
The City shall eliminate hazards to safety and health arising from defective water systems,
sanitary sewer systems, and storm sewer systems in the City of Fridley; and for such purposes
shall extend its municipal or public sewers to all lands of the City and require connection of
all failing Individual Sewage Treatment Systems (ISTS) to said systems.
49�0� 402.03. CONNECTION SERVICE
No person shall make any type of connection to the municipal water system, the sanitary sewer
system or the storm sewer system except upon making an application therefor on a form
provided by the City and receiving a permit issued by the City for such purpose. The
application shall include an exact description of the property to be served, the uses for which
the connection is requested and the size of the service lines requested or to be used. At the
time of making such application, there shall be paid to the City a fee as designated in
Sections 4A�.8�, ^n� nn� nnr) A�i7 Iir+' 402.04, 402.05, and 402.06, which shall be applied to,
paid for, and received by the City for the purpose indicated.
49�-93: 402.04. PROPORTIONATE SHARE
No connection shall be made or continued in use at any time with respect to any sewer or
water connection serving property if any person or occupants of the land, parcel or premises
affected have not paid or provided for the payment of the full and proportionate share of the
systems, services or improvements to be used as determined by the City Council, which share
of the cost of said system, service or improvement shall be payable as follows:
A. For service to property to which service lines have not been previously run from the
street laterals to the property line, the owner, occupant or user shall pay into the City
57
Fridley City Code
Chapter 402
Page 2
Treasury (Water and Sewer Utility Fund) an amount not less than the cost of making
connections, taps and installation of necessary pipe and appurtenances to provide
service to the property and necessary street repairs.
B. For service to property to which service lines have been run previously to the property
line but have not been paid for, the owner, occupant or user shall pay in cash or agree to
pay charges in the form of Special Assessments to be levied against the property to be
spread over a number of years coincident with the maturity requirements of any Special
Improvement Bonds sold for the purpose of financing the construction of such water and
sewer lines and service connections serving the property. Said cash payment or
Assessment charge shall be in principal amount not less than the payments made by or
charges placed against comparable properties for like services of such water or sewer,
i.e. FOR AN "EQUIVALENT LATERAL ASSESSMENT", or an amount as may be
established by the City Council. In the instance of services run to the property lines as
provided under Section 402.03.A, the payment to the City Treasury of any amount
required under Section 402.03.6 shall be reduced by the amount paid to the City under
Section 402.03.A. Payment to the City Treasury in the form of a Special Assessment
charge shall be in the form of equal annual installments together with interest on the
unpaid balance from year to year, which interest shall be computed at the �a�e-e�-s�
current rate of assessment.
492*04, 402.05. PERMIT FEE
Prior to constructing or repair of any water or sewer line connecting the existing municipal
system and any house or building for which the application is made, the owner or contractor
shall be required to obtain a permit for such connection, and shall pay a permit fee as provided
in Chapter 11 of this Code. After such connection has been made, the Water and Sewer
Department shall be notified. It shall be unlawful to cover any connecting line until an
inspection has been made and such connection and the work incident thereto has been
approved by the City as a proper and suitable connection.
402�9�. 402.06. REPAIRS TO CONNECTION -
After the initial connection has been made to the water curb stop box or the sewer lead at the
property line or a water service or sewer lead has been extended to the property line for
connection, the applicant, owner, or the occupant or user of such premises shall be liable for all
repairs required to any water line or any sewer lines necessary for connection of the premises
from the property line to the premises. The City will be liable for all repairs required from the.
property line to the street mains, including any necessary repairs. It shall be the responsibility
of the applicant, owner, occupant or user to maintain the curb stop box at such height as will
ensure that it remains above the finished grade of the land or property. (Ref. 638)
402.07. CONSTRUCTION OF PRIVATE SEWER SYSTEMS PROHIBITED
The construction of new individual sewage treatment systems (ISTS) is prohibited in
the City of Fridley. Existing individual sewage treatment systems meeting MN Rules
Chapter 7080 standards may and shall be permitted to continue in use and operation
:
Fridley City Code
Chapter 402
Page 3
until system is deemed failing by a licensed inspector during a biennial inspection or
the property owner expands kitchen, bathroom, or bedroom areas. The use of a
cesspool, outside toilet, or any other individual sewage treatment system not meeting
standards set forth in MN Rules Chapter 7080 is strictly prohibited.
1.New Construction. All new houses, buildings, businesses, facilities, etc.,
producing wastes or discharges must be properly connected to the City of
Fridley sewer system. Appiication for connection shall be made to the City
Building Department and all connection fees shall be paid as provided by City
Ordinances. No building permit shali be issued by the City after the effective date
of this ordinance, unless the applicant shows compliance with the terms of this
ordinance.
2.Existing Structures. Any existing houses, buildings, business or facilities
presently utilizing their own septic systems, drainfield, soil absorption system,
etc., shall be inspected by November 1, 2000 by a licensed inspector. After the
initial inspection, systems must be inspected biennialiy by a licensed inspector
and inspection results presented to the City of Fridley Building Department. All
systems shall also be inspected prior to sale and/or transfer of title. All properties
utilizing on site sewage treatment shall be connected to the City Sewer system
prior to the issuance of any building permits for kitchen, bathroom, or bedroom
expansions. Further, any such system presently in use, but which is revealed to
be a failing system by inspection, shall be connected to the City of Fridley sewer
system as soon as is practical but within 6 months of the time of failure. If the
system is determined to be an immediate health hazard, the system must be
connected immediately.
3.Abandoned Sewage Treatment Systems. All existing cesspools, dryweils,
septic tanks, or any other on-site sewage treatment systems which are
abandoned and not in use shali be properly removed and/or filled immediately to
State standards so as not to pose a danger to health and safety.
��3, 402.08. NUISANCE
Hereafter, whenever and wherever any such private septic tank, cesspool or other type of
private sewage system is damaged or defective and as a result thereof operates improperly
creating an immediate health threat by exposing raw sewage to the grounds surface,
then except as is further provided herein, connection shall be made to a public sewer
immediately . Use of a defective system, or one
in need of repair to eliminate a hazard to safety or health is deemed maintenance of a
nuisance and is prohibited; and such nuisance may be abated according to law.
402.09. FAILURE TO COMPLY; NOTICE
The City Manager may cause written notice of sewer and water requirements to be
given to any person required by subsection 402.08.02 or 402.09 to make such repairs
and connections. Such notice shall be mailed by certified mail or delivered by the
Building Official or Code Enforcement Officer by order of the City Manager. In the
59
Fridiey City Code Page 4
Chapter 402
event that (I.) any person, required by subsection 402.08.02 to connect an existing
building to sanitary sewer mains where there is not an immediate heaith danger, fails
to complete the making of such connection within 6 month after such written notice is
given, or (II.) any person required by section 402.09 to connect an existing system to
sanitary mains due to system failure and immediate heaith threat fails to complete the
making of such connection with 5 days after the written notice is given, the Council
may by resolution direct that the required connection be made and the cost assessed
against the benefited property as set forth in section 402.14. From the time of failure
until connection, outflow must be plugged and tank pumped on a regular basis.
Work must be done by a Certified septic installer and pumping schedules must be
filed with City Building Department.
20�96�.402.10. HEARING
In any case where an owner deems himself or herself aggrieved by an order of the Building
Official �e� of the City or other representative of the City with respect to a private
sewage disposal system and its continued use, the owner is entitled, upon giving notice and
demand, to a hearing before the Council with respect thereto and before the order shall
become final. Such notice and demand shall be made promptly and in no case later than five
(5) days after receipt of any order from the City.
4�0�, 402.11. SEWAGE AND WASTE CONTROL
The "Waste Discharge Rules for the Metropolitan Disposal System" '�ewage-a+�
" as adopted by
the Metropolitan Council
Environmental Services (MCES), is hereby adopted by reference and incorporated into and
made a part of this Code as completely as if set out here in full.
�n� �n 402.12. INSTALLATION BY CITY
Wherever the notice provided for in Section 402.09 is not complied with, the Council may, by
resolution, direct the connection of such building or property to the public sewer system.
The cost of all necessary appurtenances and the connection to public services shall be
paid initially from the General Fund and then assessed by the Council against the property
benefited. If the assessment is not paid to the City within ten (10) days after the City Clerk has
served written notice in the same manner as provided for notice referred to in said section, the
City Clerk shall certify the amount of the assessment to the County Auditor for collection in the
same manner as other special assessments. The Council, by resolution, may provide for
payment of the assessment in one (1) annual installment bearing interest at the current
assessment rate ° from the expiration of such ten (10) day period.
� �. . ..
� �
�
Fridley City Code Page 5
Chapter 402
- - - - - - - �� - ■-
. . .
�, .a
• •
„ ■ „
„ ■_
20�3.402.13. STATE $ METROPOLITAN COUNCIL REGULATIONS BY REFERENCE
There is hereby adopted by reference, and shall be in full force and effect in the City of Fridley as
if set out here in full, the following rules, regulations and recommended practices as set forth in
pamphlets published by the State of Minnesota, rules, regulations and recommended practices
which shall be considered and construed as minimum codes and standards of the City of
Fridley: �
1. Rules, regulations and recommended practices for the design, construction and operation of
sewage systems , , , ,
��e+�ses as set forth in " "
,
, �
date Minnesota Rules Chapter 7080, dated 1995, published by the Minnesota Pollution Control
Agency, as amended to date.
2. Rules, regulations and recommended practices on the type, design, construction and location
of wells for potable water supply when connections to the municipal water system are not feasible
as set forth in pamphlets entitled "Manual of Water Supply Sanitation", Section 11, dated 1956,
Section V, dated 1956, and Section VII, dated 1957, all as pubtished by the Minnesota
Department of Health, Division of Environmental Sanitation, as amended to date.
4s2r0�9. 402.14. CONSENT TO REGULATIONS
Every person applying for water or sewer service and every owner of property for which any
such application is made shall be deemed upon making such application to consent to all
rules, regulations and rates set forth in this Chapter, and such further rules, regulations and
rates as may thereafter be set forth and adopted by the City Council.
40�?�a. 402.15. WATER METER
1. Before any water conveyed through the municipal water system shall be used or utilized on
the land or premises of any person, firm or corporation, there shall first be installed a water
meter that will accurately measure the water consumed on the premises, except and unless
such installation shall be exempted by the City. The applicant for water service shall deposit in
61
Fridley City Code Page 6
Chaptec 402
the City Treasury at the time of application for permit as set forth above, an amount
determined by the City to be sufficient to cover the cost of the meter. (Ref. 566)
2. All existing customers of the system will be required to purchase a meter. At such time as
there is a change of customer or ownership for an account or at termination of service, if all
bills are paid in full, at the request of the customer, the City will refund the purchase price of the
meter to the customer, whereupon the new customer must purchase a meter. (Ref. 566)
3. All water meters installed under the provisions of this Chapter shall remain the property of
the City of Fridley. The meters shall be repaired from time to time as is necessary to ensure
accurate measuring of the flow of water. The City shall pay for the cost of repairs except when
a meter has been damaged due to negligence on the part of persons other than employees of
the Water Department, the owner, occupant or user of the premises or such other person
desiring use of the water shall reimburse the Water Department for the expense of repairing
any such meter. Upon failure to reimburse the Water Department within a reasonable time and
upon demand therefore, the water service and supply to said premises may be shut off or
discontinued as determined to be in the best interest of the City.
482,�. 402.16. TAMPERING PROHIBITED
It shall be unlawful for any person to tamper with, alter, by-pass or in any manner whatsoever
interfere with the proper use and functioning of any water meter owned by the City.
482�0, 402.17. METER READING AND PAYMENT FOR SERVICES
1. The City may p�ovide a system of water meter reading by post-card, meter-reader, or any
other method deemed suitable to the purpose by the City Council. The City may also establish
billing areas or districts and provide for the readings of ineters and billing charges by month,
by calendar quarters or monthly quarters, or such periodic intervals as the City Council shall
determine suitable and necessary from time to time to the needs of the City. In the case of a
post-card meter reading, each consumer shall mail or return the meter card on or before the
due date.
2. Each consumer shall be assessed a one dollar ($1.00) penalty for any card not returned
within seven (7) days of the due date.
3. A charge of ten dollars ($10.00) will be added to the bill if the reading card is not returned
to the City for the second quarter billing.
4. A charge of fifteen dollars ($15.00) will be added to the bill if the reading card is not
returned to the City for the third consecutive quarter. Such penalty and any use charges
(based on an estimate of the water consumer) will be added to every quarterly billing thereafter
if subsequently not read.
5. The water rate charges shall be considered net charges and shall be the charges payable
after the last day of the month or billing period in which the billings are sent out.
62
Fridley City Code
Chapter 402
Page 7
6. Payments not paid within thirty (30) days from the date of the bill will be assessed � an
additional ten percent (10%) penalty. (Ref. 662, 988)
dn� 402.18. DISCONTINUANCE OF SERVICE
The City reserves the right to discontinue service to arty customer of the water and sewer
system without notice when necessary for repairs, additional connection or reconnection or for
nor}payment of charges or bills or for disregard of any rules or regulations in connection with
the use or operation of said system. Whenever any service has been discontinued for
nor�payment of charges or bills or for disregard of any rules or regulations, it shall not be
resumed, except upon payment of the charges of bills accrued together with compliance with
the rules or regulations previously violated and payment to the City of a restoration fee of the
sum of five dollars ($5.00) before 4:30 p.m. weekdays and ten dollars ($10.00) at all other
times. (Ref. 565)
dn� 402.19. LIEN
In the event a water or sewer bill is unpaid at the end of the calendar quarter or the billing
period under which the billing is sent out, the bill shall be considered delinquent and the
service may be discontinued as provided in Section 402.11 above and the City Council may
cause the charges noted in such billing to become a lien against the property served by
certifying to the County the amount of said delinquent bill in accordance with Minnesota
Statutes, Chapter 444. A penalty of ten percent (10%) will be assessed to all amounts
certified to the County for collection. (Ref. 113 and 565)
4�2,�-3�. 402.2U. WATER AND SEWER RATES
1. Water consumption and sewer use charges to the consumer shall become due and
payable quarterly each year on a calendar schedule or by monthly intervals or periods of time
in accordance with a schedule prepared by the City Manager. (Ref. 464)
2. The water rates per quarter shall be set by Council Resolution.
3. The sewer rates per quarter shall be set by Council Resolution.
4. Whenever the period of billing of charges for either water or sewer or both is altered or
changed, the minimum charge payable for such water or sewer may and shall be prorated as
necessary in equity to the consumer for any period of time less or more than a full quarter of
any period used. Such prorating is also authorized whenever the rate, minimum or otherwise,
for either water or sewer services, or both, is charged.
492a�, 402.21. DEFECTIVE METER
If a meter fails to register or accurately measure the water, the charge for water consumed
shall be paid for at the established rate based upon past average billings as determined by
the City Manager.
63
Fridley City Code
Chapter 402
4�5. 402.22. NOTICE OF LEAK
Page 8
Any owner, occupant or user of a premises who discovers a leak in a service line to the
premises shall notify the Water Department within 24 hours. Any water wasted due to failure of
such person to comply with this regulation shall be estimated by the City Manager and charged
against the owner of such premises at the established rate. (Ref. 113)
402a�6. 402.23. STOP VALVE
There shall be installed in every connection to the City water system one stop and waste valve
which shall be installed at a point befinreen the curb stop and the meter so that the water may
be turned off and the meter and house plumbing entirely drained. There shall be installed
another stop and waste cock in the pipe on the house side of the meter. All service pipes
connected to the City systems shall be of a TYPE K copper or its approved equal and shall be
laid at a depth not less than 6.5' below the finished grade, or as low as the street mains.
4��. 402.24. PERMIT
Any applicant, owner, occupant or user in applying for permission to connect to the City water
and sewer systems shall have all work in connection therewith performed under the
supervision of a plumber, licensed to do plumbing in the City of Fridley, except that nothing in
this Chapter shall be construed as to prohibit an individual owner from obtaining a permit
therefor provided that a person, firm or corporation actually performing the work be a plumber
licensed to perform such work in the City.
402,��. 402.25. OPEN CONNECTION FOR FIRE PROTECTION
Any applicant, owner, occupant or user who shall apply for a connection to the City water
mains which connection shall be open at all times for the purpose of fire protection, shall apply
in writing to the Water Department giving detailed information as to the size of main required,
location of main and a copy of the plans of the system that shall be served by such connection.
Such applicant shall furnish and install a� between the point of connection to the City main
", a shut off valve +�-a��ele or if the same be installed by the City, the
cost thereof shall be paid by the said applicant. Such �el�shutoff valve shall at all times
be open for inspection purposes to the Water Department personnel, but maintenance and
cost of repair of the valve and tap shall be the sole responsibility of the applicant desiring such
service. In the event a single connection is made for the joint purpose of fire
protection and potable water use, applicant shall split the connection line and provide
separate shut off valves for each use, a minimum distance of 20 feet from the
outermost point of the building. Such permit may be granted by the City upon such
conditions as may be deemed by the City Council to be in the best interest of the City including
requirement by the City of the installation of any valve and meter for water use detection
purposes.
4�02,�� 402.26. RESTRICTION
It shall be unlawful for any person, firm or corporation having such an open main for the
.�
Fridley City Code Page 9
Chapter 402
purpose of the protection to make any connection to such main for any purpose other than the
one noted in the original request to the Water Department.
4g2.20�. 402.27. CITY NOT LIABLE
The City shall not be held liable at any time for any deficiency or failure in the supply of water to
the customer whether the same be occasioned by shutting off the water for repairs or
connections, or for any cause whatsoever.
dn-,�?? � 402.28. RATES
The City Councit shall have the authority to prescribe the rates to be charged for water and
sewer service to the customer from time to time and may prescribe the date of billing, a
discount for the payment of any bill within a reasonable time, and such further rules and
regulations relative to the use and operation of such systems as it may deem necessary from
time to time.
4�02.22, 402.29. INDUSTRIAL USER STRENGTH CHARGE
1. Recitals.
The Metropolitan Council Environmental Services (MCES) ', a
metropolitan commission organized and existing under the laws of the State of Minnesota (the
" '""MCES"), in order to receive and retain grants in compliance with the Federal
Water P�Ilution Control Act Amendments of 1972 and regulations thereunder (the "AcY'), has
determined to impose an industrial user sewer strength charge upon users of the Metropolitan
Disposal System, as defined in Minnesota Statutes, Section 473.121, Subdivision 24, and to
recover operation and maintenance costs of treatment works attributable to the strength of the
discharge of industrial waste, such sewer strength charge being in addition to the cha�ge
based upon the volume of discharge. In order for the City to pay such costs based upon
strength of industrial discharge allocated to it each year by the ', MCES it is
hereby found, determined and declared to be necessary to establish sewer strength charges
and a formula for the computation thereof for all industrial users receiving waste treatment
services within or served by the City. Furthermore, Minnesota Statutes, Section 444.075,
Subdivision 3, empowers the City to make such sewer charge a charge against the owner,
lessee, occupant or all of them and certify unpaid charges to the County Auditor as a tax lien
against the property served.
2. Establishment of Strength Charges.
For the purpose of paying the costs allocated to the City each year by the MCES
that are based upon the strength of discharge of all industrial users receiving waste treatment
services within or served by the City, there is hereby approved, adopted and established, in
addition to the sewer charge based upon the volume of discharge, a sewer charge upon each
company or corporation receiving waste treatment services within or served by the City, based
upon strength of industrial waste discharged into the sewer system of the City (the "Strength
65
Fridley City Code
Chapter 402
Charge").
3. Establishment of Strength Charge Formula.
Page 10
For the purpose of computation of the Strength Charge established by Section 402.22.2, there
is hereby established, approved and adopted in compliance with the Aet the same strength
charge formula designated in Resolution No. 76-1972 adopted by the governing body of the
MCES on June 15, 1976, such formula being based upon pollution qualities and
difficulty of disposal of the sewage produced through an evaluation of pollution qualities and
quantities in excess of annual average base and the proportionate costs of operation and
maintenance of waste treatment services provided by the Commission.
4. Strength Charge Payment.
It is hereby approved, adopted and established that the Strength Charge established by
Section 402.22.2 above shall be paid by each industrial user receiving waste treatment
seniices and subject thereto before the finrentieth (20th) day next succeeding the date of billing
thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to
be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby
established, approved and adopted that if such payment is not paid before such date an
industrial user shall pay interest compounded monthly at the rate of finro-thirds of one percent
(2/3%) per month on the unpaid balance due.
5. Establishment of Tax Lien.
As provided by Minnesota Statutes, Section 444.075, Subdivision 3, it is hereby approved,
adopted and established that if payment of the Strength Charge established by Section
402.22.2 above is not paid before the sixtieth (60th) day next succeeding the date of billing
thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge,
plus accrued interest established pursuant to Section 402.22.4, shall be deemed to be a
charge against the owner, lessee and occupant of the property served, and the City or its
agent shall certify such unpaid delinquent balance to the County Auditor with taxes against the
property served for collection as other taxes are collected; provided, however, that such
certification shall not p�eclude the City or its agent from recovery of such delinquent sewer
strength charge and interest thereon under any other available remedy. (Ref. 629)
492,�3. 402.30. METER DEPOSIT
1. The deposit for the water meter made to the City as provided above for the purpose of the
installation of such water meter shall be returned to the person depositing such money
whenever such person shall leave the premises and the water service is disconnected, and the
meter returned in good condition and not damaged, provided further that there are no
delinquent or unpaid water or sewer chargers or bills accumulated to the date of the
termination of such service. If there are unpaid bills or charges, these must first be deducted
from the deposit. Whenever any consumer shall become delinquent in payment of any bill, the
City shall be entitled to deduct from said deposit the amount of the unpaid bill, and may
discontinue service to the consumer until the depleted deposit sum shall be increased to the
��
Fridley City Code
Chapter 402
original amount required under this Chapter.
Page 11
2. The liability of the City for the return of said deposit however shall be limited to the funds as
are available in the Water Department and shall not constitute a general obligation of the City.
If an owner shall sell or transfer the premises to another person, the purchaser thereof shall be
entitled to the return of said deposit in lieu of the original applicant upon the following
conditions:
A. Upon satisfactory proof of transfer of title and possession of said premises at least six
(6) months prior to application for the refund; or,
B. If the prior owner failed to apply for such refund.
Such refund, however, shall be subject to all other restrictions of this Chapter.
dn-�?�?d 402.31. TAMPERING
It shall be unlawful for any person to tamper with, use, alter or damage any water line or
connection of any type or part thereof or any fire hydrant, curb or valve box or street valves or
any sewer line or connection of any type or part thereof without authority from the City. Any
person who shall damage any part of the municipal water system, or any pipe or connection of
any type or part thereof, including any hydrant or valve, or any part of the municipal sewer
system or any pipe or connection of any type or part thereof, shall be liable for the damage or
loss to the City caused thereby.
452.25�. 402.32. SURFACE WATER INTO SANITARY SEWER
It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any
storage water to drain into the sanitary sewer system of �he City of Fridley.
4�02t?�. 402.33. CITY INSPECTION
1. All installation work or repair of connections to the municipal sewer and water system,
including grades, bends and back-filling shall be performed under the direction and
supervision of the City Manager or the City Manager's designee. No work shall be covered or
back-filled until directed by the City Manager or the City Manager's designee. All work and
excavations shall be protected by barricades and warning markers and lights reasonable and
suitable to the purpose. The City shall be held harmless of any claim or loss as might
otherwise arise for damage or loss of injury caused by or arising by reason of such work being
performed; and the applicant, owner or user performing or causing such work to be done shall
give a report to the City with respect thereto.
2. No digging on any permanent type street shall be permitted except by special permission
from the City.
3. Whenever a water user questions the accuracy of the meter, and desires that such meter
be tested, such person shall pay a fee of five dollars ($5.00) if the meter tests accurate within a
67
Fridley City Code Page 12
Chapter 402
range of minus three percent �-3%) to plus one and one half percent (1-1/2%). If it is not
accurate within this range, no charge will be made for testing and an adjustment on the water
bill will be made for the period of time that the meter is assumed to be inaccurate.
452.2.�. 402.34. WATER CONSERVATION
In order to ensure an adequate water supply for human consumption, sanitary purposes, and
fire fighting purposes, the City Council may establish by resolution water conservation
regulations as they may be required from time to time. (Ref. 922)
4g2�.2�. 402.35. TERMINATION NOTICE
Requests for turning off the water shall be made in writing thirty (30) days prior to the time for
which payment has been made. Otherwise, the owner of the premises shall be liable for water
rent for the next period.
4�9. 402.36. INSPECTION & CORRECTION
The City Manager or any authorized employee or agent of the City shall have right to enter and
be admitted to any lands and property in the City for the purpose of inspection of materials,
plumbing work and fixtures of all kinds used by or in connection with the water and sewer
systems. Any and all work, construction, alteration, repair, addition to, remodeling,
moving, use, maintenance and occupancy of any building and the work and
installation of any utility and appliance thereof and in use therewith to which the
codes herein referred to apply shall be done and performed strictly in accordance
with this Code. If, after inspection, any of the same are found not to be in accord with
this Code, then the same shall be corrected upon notice from any duly authorized
representative of the City of Fridley authorized to give such notice. If, after such
written notice to any person performing any work which requires correction thereof,
such person neglects or refuses to correct such work and fails to make the same
conform to this and to the order of the City's representative, the City by any of its duly
authorized representatives may remove such work and charge the cost thereon to
the person installing the same. No person shall cover any such work without the
same being first duly inspected.
442.3�0. 402.37. SEPARATION FROM PRIVATE WATER
Whenever any premises are connected to the municipal water system, there shall be
maintained a complete physical separation between the municipal water supply system and
the private water supply system, so that it is impossible to intentionally or unintentionally allow
any water produced by a private system to be introduced into the supply line from the
municipal system.
4�3��-. 402.38. CHARGES WHERE NOT METERED
Any water obtained by any person, firm or corporation from the municipal water system which
is not paid for by the consumer or the user thereof by payment of water charges or rates
.:
Fridley City Code
Chapter 402
Page 13
determined by a meter shall be charged at and paid for by such consumer or user upon an
estimate of the quantity of water used as computed at the established rate for such purpose or
use, except that the Council may waive payment of such charge where deemed by the Council
to be in the interest of the City.
24�1-a. 402.39. ENFORCEMENT
It shall be the duty of such administrative personnel as designated by the City Manager to ensure
compliance with the provisions of this Chapter.
4�2. 402.40. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of this Code.
.•
� AGENDA ITEM
� CITY COUNCIL MEETING OF AUGUST 28 2000
�
CfTY OF
FRIDLEY
INFORMAL STA'TUS REPORTS
70