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01/27/2003 - 4634. � � � Cf1Y OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 7:30 p.m. - City Council Chambers Attendance Sheet , ,. ALFASF AR/NT NAMF, AflflR�SS AND /TFM NUM8Fit YOU ARF /NT�'RFSTFfl /M. � , , .. �� ,,,,, . ;/�r�� N�..�� ±�� . . � �� 1�� ; � � �. ;�.. ;,, ,.;,, �; �� ,w� � , �. �--� �_� .�p� S � � .� , ��✓l� / L�� .�t . ��, ��0� � v'� �Se�� r �� /n +�� .1 � l� r�2�i n - rk �.es.e�, i�� w� �� : .� � ��, �; .,:.--�-e_ .r�._ � - l� o� (� �p�, � � ��.%� t'/�..�,...� / r��T r Cr e l'-V� �',i / � Q' � ��-� r v L� Gr, y�' `� Ll�.t'► �C �- � Z � � CITY COUNCIL MEETING OF JANUARY 27, 2003 GTY OF fRIDLEY The City of Fridley will not discriminate against or hazass anyone in the admission or access to�; or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, seY, disability, age, marital status, sexual orientation or status with regard to pu�lic 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 9, 2002 City Council Meeting of December 16, 2002 City Council Meeting of January 6, 2003 NEW BUSINESS: 1. Special Use Permit Request, SP #03-01, by Tho�as Sutherland, to Construct a Second Accessory � Structure (Garage) Over 240 Square Feet, , Generally Located at 5850 Seventh Street � N.E. (Ward 1) ' .............................................................................................. 1 - FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Special Use Permit Request, SP #03-02, by Nedegaard Construction Company, to Construct a Second Accessory Structure Over 240 � Square Feet, Generally Located at 1305 — 53�a AvenueN.E. (Ward 1) ................................................................................ 5- 9 3. Resolution Authorizing Amendment of Loan Agreement Executed in Connection withIssuance of Bonds .............................................................................. 10 - 18 4. Resolution Ordering Improvement, Approval of Plans and Specifications and Ordering Advertisement for Bids: Street Improvement (Sealcoat) Project No. ST. 2003 — 10 ......................................................... 19 - 21 5. Resolution Ordering Advertisement for Bids: 2003 Miscellaneous Concrete Repair Project No. 351 .................................................................................................. 22 - 23 6. Receive Proposals and Award Project for WaterSystem Study ................................................................................... 24 FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Approve Change Order No. 1 to 57th Avenue Sanitary Sewer Improvement Project No. 346 ........................................... 25 - 28 8. Approve 2003 TriCity GIS Contract with PlanSightLLC ........................................................................................... 29 - 39 9. Claims ..................................................................:............................... 40 10. Licenses .................................................................................................. 41 - 43 11. Estimates .................................................................................................. 44 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2403 PAGE 4 PUBLIC HEARING: 12. Consideration of an Ordinance Amending Chapter 214 of the Fridley City Code Pertaining to Automatic Changeable Signs .................................................................... 45 - 46 NEW BUSINESS: 13. Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: 62"d Way Extension Project No. ST. 2003 — 2 .............................................. 47 - 57 14. Resolution Revoking Intoxicating Liquor License for AMF Bowling Centers, Inc., d/b/a AMF Maple Lanes Located at 6310 Highway 65 N.E . .................................................................................. 58 - 62 15. Resolution Authorizing an Application for the 2003 Community Development Block Grant Program.................................................................................................. 63 - 65 16. Informal Status Reports ..........................................................................:....... 66 ADJOURN. .� FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 � � pTY 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, seYUal orientation or status with regard to public assistance. Upon request, accommodation w�ill 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 572-3�00 at least one week in advance. (TTD/572-3�34) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: (' .i City Council Meeting of December 9, 2002 City Council Meeting of December 16, 2002 City Council Meeting of January 6, 2003 NEW BUSINESS: APPROVAL OF PROPOSED CONSENT AGENDA: _�� , �.4- 1�� ',� 1. Special Use Permit Request, SP #03-01, by Thomas Sutherland, to Construct a Second Accessory Structure (Garage) Over 240 Square Feet, Generally Located at 5850 Seventh Street N.E. (Ward 1) ................................... 1 -4 �� APPROVAL OF PROPOSED CONSENT AGENDA: ,� NEW BUSINESS (CONTINUED): 2. Special Use Permit Request, SP #03-02, by Nedegaard Construction Company, to Construct a Second Accessory Structure Over 240 Square Feet, Generally Located at 1305 - 53`d Avenue N.E. (Ward 1) ..................... 5- 9 NEW BUSINESS (CONTINUED): 4. Resolution Ordering Improvement, Approval of Plans and Specifications and Ordering Advertisement for Bids: Street Improvement (Sealcoat) Project No. ST. 2003 — 10 .............. �d� �, � 19-21 Resolution Ordering Adve�tisement for Bids: 2003 Miscellaneous Concrete Repair Project No. 351 ............................ ... 22 - 23 ��U� � 6. Receive Proposals and Award F'roject for Water System Study ....................... 24 �'�" 7. Approve Change Order No. 1 to 57�' Avenue Sanitary Sewer Improvement Project No. 346 ................................... 25 - 28 8. Approve 2003 TriCity GIS Contract with PlanSight LLC ............................... 29 - 39 �� 3. Resolution Authorizing Amendment of �� Loan Agreement Executed in Connectio� � 9. Claims with Issuance of Bonds ................... 10 - 18 40 FRIDLE�C' CITY COUNCIL MEETING OF JANUARY 27, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 10. Licenses ............. 11. Estimates b ADOPTION OF AGENDA. -� J P S� � r, 41 - 43 44 OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. NEW BUSINESS (CONTINUED): PAGE 2 �. 14. Resolution Revoking Intoxicating Liquor License for AMF Bowling Centers, Inc., d/b/a AMF Maple Lanes Located at 6310 Highway 65 N.E . ....................... 58 - 62 i � � / Gti- � ` ��' � � � � � � s � 1� � 15. Resolution Authorizing an Appiication for the 2003 Community Development Block Grant Program .........................�,.,.�!163 - 65 P� ��— �� J � I �� 16. Informal Status Reports ....................... 66 � l ADJOURN. � � � � �� v- � � � y � \ ' j �, � �� n, `� � n ��- �� PUBLIC HEARING: � �� j��;�r��ti`�'�v 12. Consideration of an Ordinance Amending Chapter 214 of the Fridley City Code Pertaining to Automatic Changeable Signs ..., .,.�.. 45 - 46 C�� " � � �� '�� NEW BUSINESS: 13. Resolution Receiving the Preliminary Report Y _�� and Calling for a Public Hearing on the Matter �` of Construction of Certain Improvements: 62"d Way Extension Project No. ST. 2003 — 2 .................................. 4i7 - 57 �� / ^ ��/�i ` " 1 �i XJ�'v � � � r�^ I� I�� Ci� � � � � ? j.� / � � i, � � � v �� " � � 0./' � ry � �� ✓ I MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 9, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:34 p.m. PLEDGE OF ALLEGIANCE: �' Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. 1 _ ROLL CALL: MEIYTBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, and Councilmember Wolfe MEMBERS ABSENT: None. - --- OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Jon H. Haukaas, Public Works Director Frederick Knaak, City Attorney Richard D. Pribyl, Finance Director/Treasurer APPROVAL OF CITY COUNCIL MEETING MINUTES: City Council Meeting of November 18, 2002. APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE REPEALING THE HUMAN RESOURCES COMMISSION (TABLED NOVEMBER 4, 2002). Dr. Burns, City Manager, stated the ordinance would dissolve the Human Resources Commission. The item was tabled at the November 4, 2002, council meeting with the request for the removal of language that made the Chair of the Human Resources Commission a member of the Planning Commission. That has been done. Staff recommended Council's approval of the first reading of the ordinance. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 2 2. ORDINANCE NO. 1168 AMENDING CHAPTER 102 OF THE FRIDLEY CITY CODE REPEALING THE POLICE COMMISSION (TABLED NOVEMBER 18, 2002). Dr. Burns, City Manager, stated this ordinance would dissolve the Police Civil Service Commission. The first reading of the ordinance was approved on November 4, 2002. Staff recommended Council's approval of the second reading of this ordinance. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1168 ON THE SECOND READING AND ORDERED PUBLICATION. NE�V BUSINESS: 3. APPROVE 2003 SIXTY-DAY ACTION APPLICATION DEADLINES FOR THE PLANNING COMMISSION AND APPEALS COMMISSION MEETINGS. Dr. Burns, City Manager, stated that this legislation established the application and publication deadlines for items presented to the Planning and Appeals Commissions. Staff recomrnended Council's approval. APPROVED THE 2003 SIXTY-DAY ACTION APPLICATION DEADLINES. 4. RECEIVE BIDS AND AWARD CONTRACT FOR THE COMMONS PARK PARKING LOT PHASE I IiVIPROVEMENT PROJECT NO. 348. Dr. Burns, City Manager, stated the City received 12 bids for reconstruction of the north parking lot at Commons Park. The low bidder was Bituminous Roadways, Incorporated in Minneapolis in the amount of $62,910. There is $70,000 budgeted for this project in the 2002 Parks Capital Improvement budget. Bids were submitted previously on this project but were rejected because they were over budget. The project was scaled down by removing the access roadway portion. Staff recommended Council's approval of the contract award to Bituminous Roadways, Incorporated in the amount of $62,910. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA: 5. APPROVE CITY OF FRIDLEY STREET RECONSTRUCTION AND MAINTE- NANCE POLICIES. Dr. Burns, City Manager, stated these policies were originally developed in the 1960s and were recently revised by the Public Works Director. Until now, they existed as administrative policies. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 3 6. APPROVE PARTNERSHIP AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION. Dr. Burns, City Manager, stated MnDOT officials requested a five-year agreement providing for use of their services by municipalities on a fee-for-service basis. They include things such as pavement striping, bridge design services, appraisal services, photogrammetric mapping, and materials testing. They are all optional services which may or may not be purchased by cities for their local street projects. The agreement helps to insure that these services will be available in the future. Staff recommended Council's approval. THIS ITEM WAS RENIOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE ANOKA COUNTY HIGHWAY DEPARTMENT FOR THE EAST RIVER ROAD IMPROVEMENT PROJECT. Dr. Burns, City Manager, stated that this agreement provided for the City's portion of the cost for improvements to East River Road between Hartman Circle and I-694. The amount, $157,529.29, was for utility adjustments, reconstruction of inedians, and some sidewalk reconstruction. The money will be drawn from the needs segment of the City's State Aid account. Staff recommended Council's approval. APPROVED. 8. RESOLUTION NO. 70-2002 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY TOTINO GRACE HIGH SCHOOL (SHARX NIGHT CLUB, 3720 EAST RIVER ROAD) (WARD 3). Dr. Burns, City Manager, stated this application was for the renewal of a permit that expired at the end of March. The Police Department reviewed the application and saw no problems with the current operation of the pull tab operation. Staff recommended Council's approval of the application that would extend the pull tab license until April 1, 2005. APPROVED. 9. CLAIMS: APPROVED CLAIM NOS. 108586 THROUGH 109050. 10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 11. ESTIMATES: APPROVED THE FOLLOWING ESTINIATES: V�'.B. Miller 6701 Nonis Lake Road N.VV. Elk River, MN 55330 2002 Street Improvement Project No. ST. 2002 — 2 FINAL ESTIMATE: Gladstone Construction, Inc. 1315 Frost Avenue St. Paul, MN 55109 Pedestrian Bridge Replacement Project No. 341 Estimate No. 2 ADOPTION OF CONSENT AGENDA: $33,73�.72 $21,696.02 PAGE 4 Councilmember Bolkcom stated she would like to remove Items 4, 5, and 6 from the consent agenda and add them to the regular agenda. MOTION made by Councilmember Barnette to approve the-.��epas� consent agenda with the removal of Items 4, 5, and 6 to the regular agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TH�; MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Councilmember Bolkcom requested that an item be added to the agenda. i`his item was ta.bled on August 12, 2002, and related to property on 62°d Way. MOTION by Councilmember Bolkcom to approve the consent agenda with the addition of Items 4, 5 and 5 from the consent agenda and the item pertaining to 62°d Way. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: AYE, MAYOR LUND DECLARED THE Attorney James M. Neilson, 118 East Main Street, Anoka, Minnesota, approached and stated he wanted to make sure the item on 62"d Way was discussed. ,� � FRIDLEY CITY COUNCIL vIEETING OF DECEMBER 9, 2002 PAGE 5 Councilmember Bolkcom replied that it was added to the agenda after Item No. 14. Mr. Peter Eisenzimmer, 6�3� Oakley Drive N.E., stated he was very disappointed with the first two questions pertaining to the school district on the election ballot. He said he did not think people realized what it was doina to their taxes. He thought it was not eYplained well. He called the School Board and talked to them about it. Thev wrote a letter indicating what it was going to cost a year, but they did not say what it would cost nine years from now. He said he did not believe that people realized that in nine years, $1 �0,000 �omes would be paying $2,100 more. People with $200,000 homes would be paying around $3,000. Mayor Lund asked Mr. Eisenzimmer if he realized this should be directed to the Fridley School Board. Mr. Eisenzimmer replied that he thought they had a right to speak at the Council meeting. Mayor Lund agreed. Mr. Eisenzimmer stated that the School Board informed him that they do not have 15 minutes to talk. He did not like the way he was treated. PUBLIC HEARING: � 12. CONSIDERATION OF THE 2003 CITY OF FRIDLEY BUDGET. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:50 P.M. Dr. Burns, City Manager, presented the 2003 budget message. He stated that each yeaz when the budget is considered, the conte� in which the budget has been drafted is also reviewed. One of the things looked at is the legislative context but there were not many changes. There was no money for highway improvements, a gasoline tax increase or other increases. T'here was no state funding for the Northstar Corridor Project. The Minnesota Chiefs of Police have asked for 27 cents for a 911 fee. With respect to telephone bills, there was a 6-cent increase for law enforcement. There is also $13 million from the bonding bill to pay for the State's 800 MHz public safety radio system from Twin Cities to St. Cloud and Rochester. Counties were also given levy authority for constructing countywide 800 MHz systems. He said that cities benefited from new bonding authority for street reconstruction. The wine in grocery stores legislation was defeated. Fortunately, there are no new municipal mandates, and there were no serious efforts to move the regulation of the cable television industry from the local to the state level. Dr. Burns stated that on the negative side, there was no replacement for tax increment financing, which up unti12001 was a tool for redevelopment projects. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 6 Dr. Burns indicated that the budgeting process was a year-around effort. A new budgeting process will begin in January. He said it started with the Council/Commission survev. The issues in that survey and the results were discussed with Council and the commission members. Dr. Burns stated that in last year's budaet discussions, the Police Department requested a computer person for their computer applications, but it was not included in the 2003 budget. He indicated that the Fire Department asked to replace their aerial truck. While it was discussed, it was not included in the 2003 budget. Buying vehicles for the building inspection and code enforcement employees was discussed, and money was included in the budget. The electronics drop-off program was eliminated. An additional Public Works employee was hired, and an equal dollars' worth of part-time employees were eliminated from the budget. Dr. Burns stated that Community Park drainage improvements were developed, but no money was budgeted. Additional revenue for street reconstruction was discussed. The fundraising efforts of the Springbrook Nature Center Foundation were discussed. A two percent cost of living adjustment and a health insurance increase was included in the budget. Dr. Burns indicated that they also discussed a 3.8 percent increase in property taxes and a 3.8 percent increase in utilities, fees and services. Dr. Burns stated that comparing the 2003 budget with the 2002 budget, the City was actually spending around $158,000 less. He said looking at the general fund, there was a 2.73 percent increase. He indicated that special revenue funds are inflated by $250,000 (there was an intemal transfer from one fund to another). He stated that in looking closer at the general fund, the expenditures increased $342.662 or by 2.7 percent. Most of the increase reflected personnel costs. Dr. Burns discussed where the City received its revenues. He stated about 46 percent were from local property taxes, 21 percent from local government aid and 15 percent from fund balance. Dr. Burns stated that the property tax increase came to $209,277. The City's local govemment aid increased by $488,715, due to a formula change in 2001 that benefited Fridley. The increase in property taxes and LGA are offset by declines in license and permit revenue and $50,000 in interest revenue. He said that nearly $2 million of fund balance will be used a second year to support the general fund. - Dr. Burns stated that another category of funds was the Special Revenue Funds. The expenditures from these funds were budgeted at $1.2 million, about 8.2 percent more for 2003. The special revenue funds include: the Cable Television Fund, the Grant Management Fund, the Housing Revitalization Fund, and the Solid Waste Abatement Fund. Dr. Burns stated that another category of funding was Capital Projects Funds. The 2003 budget provided $450,000 for general capital improvements. The amount was $593,700 less than the amount budgeted for 2002. It included funding for buildings, streets, and parks improvement projects. The appropriation for building projects was only $105,000. All of these are for parking lot improvements, asphalt, and improvements at the City garage. The amount of $192,000 was budgeted for street improvements. There was another $550,000 not shown in the budget that � 0 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9. 2002 PAGE 7 will be provided to the street improvement projects from state aid reimbursements, assessments, and storm water utility transfers. Altogether we are planning on spending $742,000 for street improvement projects in 2003. He said Parks Capital Improvements were projected to cost $1�3,100. Dr. Burns stated that Enterprise Funds are used to account for those City operations that have an independent source of revenue that generally comes from a product or service that was sold. He said enterprise fund expenditures amounted to $12,152,525 which was $1,064,000 or 9.5 percent more than what was spent in 2002. He said the sewer fund increased by $160,000. The increase could be attributed to the regional sewage treatment charge that was allocated to Fridley. He said the $�0.000 increase for the water plant could be attributed to depreciation charges for new projects. He indicated that the amount budQeted for the storm water fund included $100,000 for the 2003 street reconstruction project. He said the increase of $844,868 in the liquor fund was for purchasing the product. Dr. Burns said that another category of expenditure was debt service. Fridley did not have much debt service and that was one reason why ta:ces in Fridley were very low. The City did not have any general obligation debt and had a very good bond rating. Dr. Burns indicated that the 3.8 increase in the City levy, together with property appreciation for the average home in Fridley, would raise the local share of property taxes on the average value home in Fridley from $316 to $346. He said there were also some other increases attributable to other taxing jurisdictions. He spoke about the school districts' recent levies Mr. Pribyl, Finance Director, said that in the Anoka-Hennepin school district there was an increase of $111; in the Columbia Heights school district there was a decrease of $96; in the Fridley school district there was an increase of $215; and in the Spring Lake Park school district there was an increase of $264. Dr. Burns stated there were many reasons why taxes have gone up, and appreciation was a big part of it. Residential properties have continued to appreciate at a fairly high rate. Some of the other properties, particularly in industrial categories have not appreciated as fast and the result was a shifting of the categories. ' Dr. Burns said that a financial analysis was completed every year. He said fund balances have been used to pay for operations. He stated people should be concerned because fund balances " are what has been keeping the t�es down. He said in the past, fund balances have been a significant source of revenue. He indicated the term discretionary fund balances was the real _ number you would want to look at. Discretionary meant that we have the ultimate authority to use them as we please. Much of this money, however, was needed to fund future capital improvements, working capital needs, potential self-insurance obligations, and other contingencies. He said that between the end of last year and into next year, the cash dropped from $21.5 million to $18.6 million. Dr. Burns discussed retained earnings. He said it applied to the four enterprise funds and included the value of fixed assets like buildings, water and sewer lines, and water storage tanks. FRIDLEY CITY COUNCIL �IEETING OF DECENTBER 9, 2002 PAGE 8 He said that the rapid decline in fund balance had been accompanied by a growing gap between General Fund revenues and General Fund eYpenditures, growina reliance on property taxes, and the increased need to use fund balances to balance budgets. He said the City was spending the same amount of money as it was 10 to 12 years ago. Dr. Burns said the external environment also needed to be examined. They have consistently measured this environment for Fridley in terms of three economic indicators and three indicators of demand for public service. The three economic indicators indicated that new construction in Fridley was significantly down, unemployment increased, and property values continued appreciatinQ at double digit rates. He said unemployment in Fridley increased and �vas around 4.2 percent and that the national unemployment rate was around 6 percent. He said that was also a change in the structuring of jobs. The City was losing manufacturing jobs and service sector jobs and aaining a significant number of retail jobs. He indicated that while unemployment was up and job structure was changing and new construction was down, we were seeing double-digit appreciation. Most categories showed a profit. Dr. Burns stated that demand for public service was measured by the number of School District # 14 students on free or reduced meals and the number of Fridley residents receiving cash assistance and/or food stamps. He said there was an increase in both categories. He said that as the need for public assistance increased, so did the rate of crime in Fridley, albeit by a very small percentage. Dr. Burns outlined his conclusions. He said that as the State deals with its $4.6 billion deficit, there was a great likelihood that Minnesota cities would see significant reductions in the various forms of aid they have received. He said as property taxes rise with the newly approved school district levies in three of Fridley's four school districts, we coutd expect property owner resistance to new City tax increases. He said he believed that these expectations, together with the draw down of fund balances, should lead us toward very conservative future financial decisions. Dr. Burns stated that on the expenditure side of the budget, the Police Department's youth outreach programs needed to continue to be evaluated. He said the City should also hold fast to the decision to eliminate the City's problem materials drop-off program arid seriously consider the elimination of the City's yard waste site. He thought plan changes in employee health insurance should be evaluated. He believed the City should continue to defer the purchase of expensive equipment, such as the Fire Department's aerial truck until the economic environment improved. He said they also needed to carefully evaluate capital improvement expenditures. Dr. Burns said that with respect to the revenue side of the budget, we should carefully consider the use of our new authority to levy property taxes for street reconstruction. We should also follow through with the recommendations of the ongoing fee study by raising fees to match the cost of local government services in specialized areas. He said that while locating a new liquor store has al�vays been controversial, the City's financial interests would also be served by locating a ne�v liquor store in the Wal-Mart area. 0 � ., . FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 9 Dr. Burns stated that it might be overly optimistic but if we could have a small street improvement lew and build another liquor store, there could have be another $800,000 to $850,000 in annual revenue. `Vhile these e�cpenditures and revenue decisions are difficult, the alternative ��-as to continue to draw down fund balances at an alarming rate. If the alternative was chosen. it should be kept in mind that fund balances generate interest revenue that offsets some of the need to raise taxes and the need to borrow for public improvements. He said that much of the fund balance was captured at a time when Fridley was young and was experiencing enormous economic growth. If this endowment was used for rainy day spending, the ' opportunities to recapture would not be the same. He said that the 2003 budget while very lean, reflects the rainy day spending point of view. While it was a good solution for 2003, as we plan � for 200� and beyond, we are better served by shifting from rainy day thinking to a more financially proactive posture. . .. � Councilmember Barnette stated that about three weeks ago the ll�Iinneapolis Star Tribune had an article that compared 36 to 48 different cities on costs of city services and it was really eye opening to see where the City of Fridley fell. He stated it was certainly within the lower 1 or 2. Mr. Peter Eisenzimmer, 653� Oakley Drive, asked what the 15.8 percent liquor meant. Dr. Burns replied it was an additional operating cost due to increased sales. The City had to buy the liquor in order to sell it. It was doing so well, we had to increase our liquor purchase. Mr. Eisenzimmer asked if the City was making any money at the liquor store near Highway 6�. Dr. Burns replied that the store at that location was not nearly as profitable as the store at the Cub Foods location. Mayor Lund asked if there were any other questions or concerns regarding the 2003 budget. Mr. Norlan Lee, 644 - 63rd Avenue N.E., stated he has lived in Fridley since 1958. He went to the library and looked through the budget and he commended the people who prepared the budget. He said it was very detailed. He decided to take a few of the numbers out of the budget and try to convert them per person. He said assuming there were 30,000 residents in Fridley, we spend $429 from the general fund per person for the year--$133 for police, $35 for fire, $46 for plowing the streets. On the income side, $191 per person would come from all over, because businesses pay and more expensive homes pay more taxes. He said businesses do not make their own money. Their money also came from people. So, the $191 is determined by dividing $5.7 million by 30,000. He said $68 came from what was called local government aid. He said it bothered him when he heard about the State cutting back. He mentioned the reserve, which he liked to think of as a savings account. He said since 1999, the general fund has had a$7 million savings account which was depleted in 2003 to $3.8 million. He stated that past City Councils have opted to help the savings account. This Council and future Councils will be paying for the cost of not having any savings account which meant that the residents would have to come up with the difference. Mr. Lee indicated that he had no objection to using up the City's account for two reasons. One was that the savings account or the reserve had been established by past taxpayers. He said that FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 10 by the end of 1999 there was $7 million in the general fund savings account. Sorne of those people have moved out of Fridley and were not using the services that their money paid for. He said he did not mind because he has been providing funds for the City since 1958. He said he thought the services should be paid for by the people w-ho were using them. The second reason he had no objection to a savings account was that the absence of a savings account provided much greater discipline to those collecting the taxes or determining the expenditures. Mayor Lund stated the budget was available for review at the library and at City Hall. Mr. Peter Eisenzimmer, 6�3� Oakley Drive, approached and asked if it could be viewed on the computer at the library. Dr. Burns replied that there was a hard copy at the library. Mr. Eisenzimmer asked whether the tax revenue included the new funding that went through for the school. Dr. Burns replied that it did not. The tax impact information did not show the levy impact. They did not get the figures in time. Mr. Eisenzimmer stated that would be another $261. Mr. Richard Harris, 6200 Riverview Terrace N.E., stated he had two questions about the storm sewer fund. It was his understanding that the storm sewer tax was a dedicated fund. Dr. Burns replied that it was. They charged the utility funds an interfund charge for overhead. Mr. Harris stated that it was his understanding that those funds and taxes collected for the storm sewer should be used to repair or rebuild the existing system. Dr. Burns stated that was correct. Mr. Harris asked if any of the other funds had provided funding for any projects. Dr. Burns replied that he did not believe they did. Last year $100,00 was transferred in the street reconstruction project fund for handling storm water. Mr. Harris asked if it was for storm water. Dr. Burns stated that it was. Mr. Harris asked if there was something else besides storm water. Dr. Burns replied the City had been pulling fund balances out at the rate of about $260,000 to $262,000 per year. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 11 Mr. Harris stated that he thought one of the reasons for the drop-off in new construction, especially in commercial and industrial, was that the City was moving from new construction to redevelopment. Dr. Burns replied the numbers he gave for new construction represent remodelinQ and redevelopment as well as a few new buildings. y Mr. Pribyl stated that the resolutions approving the budget and the tax levy would be presented at the next Council meeting on December 16 at 7:30 p.m. � Cotmcilmember Bolkcom recalled what he mentioned about fund balances in 2002. One of the big issues of discussion was a franchise fee to try and get revenue back. One of the thinas that really hurt us in the past was that we have not increased our levy over the yeazs. She said she thought the City was in for a rude awakening. She asked how many days the City had to certify the budget. Mr. Pribyl replied that the Truth in TaYation requirements allowed a very small window of time to actually certify the budget. Councilmember Bolkcom asked why it could not be done on another day. Mr. Pribyl replied that the hearing dates could not conflict with other hearings within the jurisdiction. Mr. Eisenzimmer stated the unemployment percentage was higher than what they claimed because many people are running out of benefits. He said the City needed to decide if it was a good time to raise taxes. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnett. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:42 P.M. 13. CONSIDERATION OF GRANTING APPROVAL TO A PROJECT UNDER STATE LAW PROVIDING FOR CONDUIT FINANCING FOR TOTINO-GRACE � HIGH SCHOOL (WARD 2): - MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:42 P.M. Mr. Pribyl, Finance Director, stated this was a request by Totino-Grace High School for the issuance of $4 million of revenue bonds pursuant to Minnesota Statutes, Chapter 469. He said FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9. 2002 PAGE 12 with this type of financing, the City would not make any kind of payment. It was a revenue- based type of issuance. The debt would be in the amount of $4 million and would be used for improvements on the property including a new heat and electrical plant and construction of 60 new spaces in their parking lot. Part of the proceeds would be used to repay some of the existing debt that was used to build a new library, science lab, office and stadium. The debt was similar to the style of bond that had been utilized in the past. There are a number of representatives in the audience from the bond council, the bank, and Totino-Grace. He said the agenda also included a preliminary resolution that would provide the borrower with the authority to proceed with this project. Councilmember Billings asked why Totino-Grace was using this type of bond. _ Mr. Paul Tietz, Bond Counsel for Totino-Grace, stated the ad�•antages of this financing was that by going through the City the interest rate was ta:c eYempt. Councilmember Billings stated the City was not responsible for the debt. Totino-Grace was responsible for the debt. By using this type of financing, Totino-Grace would receive a lower interest rate because the people who are loaning the money are tax exempt and, therefore, they do not have to pay federal and state income tases on the interest income and can offer it at a lower interest rate to Totino-Grace. Mr. Tietz agreed. Mr. Barnette stated something similar had been done before. Mr. Pribyl agreed. Mr. Peter Eisenzimmer, 6535 Oakley Drive N.E., asked whether they were going to use $4 million without getting any revenue of any kind. Councilmember Billings replied the City was not going to loan the money to anyone. The only thing the City of Fridley did was pass the resolution. He said that resolution was enough to make the whole thing work. He said no City of Fridley money was being spen't. The City was not pledging assets. The City was just a conduit. He said the City had done it for several other businesses throughout the City. Mr. Eisenzimmer asked whether Totino-Grace was a non-profit organization. Mr. Billings replied that he did not know. Mr. Eisenzimmer stated a non-profit organization did not need the City to make this kind of loan. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. 0 C FRIDLEY CITY" COUNCIL �IEETING OF DECEMBER 9, 2002 PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE i�IOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:58 P.M. OLD BUSINESS: 1�. SPECIAL USE PERi�IIT REQUEST, SP #02-08, BY VAN-O-LITE, TO ALLOW EXTERIOR STORAGE OF NIATERIALS IN G2, GENERAL BUSINESS DISTRICT, GENERALLY LOCATED AT 5945 UNIVERSITY AVENUE N.E. WARD 1): Councilmember Billings stated the City received a letter from the attorney for Van-O-Lite. The attorney indicated that Van-O-Lite applied for the special use permit during a construction period. They also applied for the building permit and are doing the construction. He said thev were able to work something out with City staff for the construction period and have accordingly withdrawn its application. MOTION by Councilmember Billings to receive the letter from Van-O-Lite. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANINIOUSLY. Councilmember Billings asked the city attorney if there was any other action that needed to be taken in this matter. Attorney Knaak, City Attorney, replied that there was not. 14A. 62ND WAY MAINTENANCE ISSUES (WARD 3): Councilmember Bolkcom asked that this matter be removed from the table. She stated that in August, she believed the City Attorney was going to meet with the attorney representing Mr. Potasek. Attorney Knaak, City Attorney, reported that the Potaseks, through their legal counsel, Mr. Neilson, have asked that the matter be addressed this evening. There has been some discussion between himself and Mr. Neilson and proposals have been submitted. One of the options considered was to begin a 429 Assessment Hearing for a project based on the most recent design. To date, no formal response has been received. He said that what the Council has before them is the original motion which is a motion essentially to support the staff action which was to no longer plow the private right-of-way to the property. Attorney Knaak said Council had options. One was to do nothing and to continue to let the discussions proceed. The second option Council had would be to consider the motion that was before them in August. The third option was to begin a 429 Assessment Hearing for a project based on the most recent design. These options are not all necessarily mutually exclusive. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 14 Councilmember Bolkcom replied another reason this was brought up was because we are m snow season. and need to determine what to do. Councilmember Barnette asked if they have the oriQinal motion and asked that it be read. Councilmember Bolkcom stated that the motion was to move to uphold the decision of City staff as it pertained to snowplowing and routine maintenance of the right-of-way extension currently being used for property access by the property owners at 190 - 62"`� Way, 310 - 62"d Way, and 6200 Riverview Terrace. She stated that in no way at this point was she ready to make the motion. Mr. James 1�1. Neilson, Attorney for Mr. and i�trs. Greg Potasek, stated he is an attorney in an Anoka law firm. Real estate has been his specialty for 39 years. He said it wras his understanding that the City has decided that this particular portion of the road did not need to be maintained and plowed. The motion that was before Council on August 9 was not cleaz to him. Councilmember Bolkcom stated it was actually August 12. Attorney Neilson stated he thought there was a very simple question about whether it was a public street and if the City accepted it as a public street with respect to maintenance. He said he thought all that was needed to determine if it was a public street was to find out if it had been dedicated either by a plat or conveyance or if it had been condemned. It can also be a public street if there was an adverse possession by the City. He said every plat contained a dedication clause. The City signed the plat. That made a public road. Attorney Neilson said that once the road was been accepted, it did not mean the City had to maintain the road. That was the second part. In this particular instance; maintenance was established in both incidences. He said that pursuant to the plat from Schultzes Addition, in 1956, a 25-foot road was specifically accepted and dedicated. The City signed that plat with a dedication on August 8, 1956. He said this matter had not been vacated, so it was a public road Attorney Neilson said that on the north side there was a plat ealled Julianne Addition. That plat was recorded in 1956. The City of Fridley accepted the public road and tfie plat November 8, 1956. The City should have added 25 feet to the north to make a 50-foot road. The problem was that at the time this plat was accepted, 62"d Avenue N.E. did not go all the way to the west line of the plat in Schultzes Addition. It was approximately 40 feet short. He said then there was a plat of the Potasek Addition. That was in 1958. The Potasek Addition replatted Lot 7, Block 1, of Schultzes Addition into 7 different lots. It did not dedicate anything because the road had already been dedicated. Ever since 1956, the City of Fridley had been maintaining 62"d Way all the way from the East River Road back to the end of 62°d Way. It was never a private driveway. It has been maintained and plowed. The road was 346 feet in length. There are three different lots. The road originally started as an outlot in 1961. It was changed to a public road in 1973. There was also a specific statement which indicated that the City of Fridley accepted the property for street and utility purposes and it was signed by the City Clerk. He said that the City's general policies specifically state that "Once the City has accepted a street as a city street it assumes the responsibility to maintain and perpetuate the service to the public for which that FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 1� street provides." A public street does not mean it has to be a certain width. It was still a public street. Attorney Neilson said that proposals had been submitted. The problem was that each one of the proposals cost his client money. The last one the City Attorney referred to was the Chapter 429 Special Assessment. He said the proposal by the City and the Mayor stated that all costs for this were to be paid by the property owner. He stated that their position was that it was a City street previously maintained by the City and accordingly, must be maintained by the City in the future. He indicated that City staff cannot pick and choose which city streets they will plow. Attorney Neilson said he thought the answer to this problem was simple. It should be submitted to a real estate attorney specialist. Councilmember Billings said that throughout the City of Fridley and State of Minnesota, there are rights-of-way set up for roadway purposes. Often the right-of-way will be 50, 60 or 100 feet wide, but the actual roadway was only 30 or 40 feet wide. He said if he had a 100-foot right-of- way and he had a 40-foot road right down the middle of it, that meant there was 30 feet on each side of the road that was the City right-of-way. He said he wanted to establish a distinction between the driven roadway and the right of-way. Attorney Neilson stated that was all right-of-way. Councilmember Billings stated that throughout the State of Minnesota, there aze properties that abut the right-of-way but maintain their own driveway over a portion of the right-of-way. Attorney Neilson agreed. Councilmember Billings then asked if Mr. Neilson agreed that within the right-of-way, the City had the right to determine exactly where this traveled surface would be. He said that in many cases, what was no longer traveled surface would become the responsibility of the abutting homeowner to maintain. Attorney Neilson replied that he did not agree with that. Councilmember Billings stated that it had been four months since Attorney that this be removed from the agenda so he could discuss this with the City clients maintained it was the City right-of-way and that they would like it standards. Attorney Neilson replied that was not his client's position. Councilmember Billings asked what his client's position was. Neilson requested Attorney. Your improved to City Attorney Neilson stated his client's position was simply that it was a public road. It had been maintained as a public road, and it should continue to be maintained as a public road. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 16 Councilmember BillinQs indicated that the City was in a program of bringing streets up to certairi' standards. � Attorney Neilson said it would depend on what the City policy �vas as far as the width of the road. He said they could not choose one 2�-foot road to be improved and decide not to improve another. Councilmember Billings stated he understood that. He said that if the City was in the process of approving roadways up to City standards, and you want this roadway to be considered a traveled roadway, it �ti-ould then be subject to those policies which would bring it up to City standards. Attorney Neilson replied if some of the City's policies brought it up to City standards. Councilmember Billings stated that it did not mean that it was going to be the next road to be maintained. It could be the next or last road that they improve. Attorney Neilson replied that he understood. Councilmember Billin�s stated that they have already improvect the rest of 62"d Way so 'in his mind it would be a logical extension if they were going to consider this a traveled roadw-ay to actually do the improvements now. In August, he was prepared to bring forward a motion to direct staff to begin the process of designing plans and specifications for the improvement of 62"d Way from the traveled roadway to the west of the Potasek Property. He said they lost four months and the ability to bring the roadway up to standards. Attorney Neilson asked what the standards were. Councilmember Billings replied, curb and gutter and the appropriate depth of as�halt. Attorney Neilson asked if the City had a standard for 62"d Way. Councilmember Billings replied they did not have a standard for only 25 feet of right-of-way. Attorney Neilson replied there had been a standard for the 62"d Way, 25 foot right-of=way. The same as there had been a standard for Chesney Way. Councilmember Bolkcom stated that was different. Councilmember Billings stated he did not know about the circumstances surrounding Chesney Way. He said if Attorney Neilson maintained it was his position and that of his client that this should be treated as traveled roadway, he was prepared to do what he wanted to do in August and have the roadway brought up to City standards. Attorney Neilson replied that he did not think his client or the other two property o�vners requested an improvement to 62"d Way. FRIDLEY CITY COUNCIL �IEETING OF DECEMBER 9, 2002 PAGE 17 Councilmember Billings replied that at that time there was discussion on whether this was part of the roadway or not. Attorney Neilson replied that he thou�ht Councilmember Billings wanted an improvement that was something different from �vhat was in existence now. Councilmember Billings replied that he thought that what they were looking at was part of the roadway and the fact that it needed to be brought up to the same standazds as the rest of 62nd Way. Attorney Neilson asked if all the streets in the City of Fridley were the same style. Mr. Haukaas replied that they were not. Attorney Neilson asked if some streets were larger and some smaller. Councilmember Billings agreed. Attorney Neilson asked why one street could be smaller than 36 feet in width but the end of 62nd Way could not be. Mr. Haukaas, Public Works Director, stated that a street made one width was not made narrower. He said the street width was dependent on use standards. Councilmember Billings said that in the past, when a street was reconstructed, there would not be difFerent widths. Mr. Haukaas agreed. Councilmember Bolkcom stated with respect to Chesney Way, that was a different situation. Mr. Haukaas replied that the paperwork for the dedication of the roadway was essentially a dedication to the City for municipal purposes. It was a different situation with a special width. Attorney Neilson asked who Chesney was. Councilmember Barnette replied that Chesney had worked for the City at one time and was the one who asked for a split of the property. Councilmember Bolkcom commented it was still a private roadway. The City street maps are not legal and are only used for people to get around. Attorney Neilson stated the documents of record on file with the County Recorder are the documents that create a public road. He said the only document he found on record on Chesney was an easement. He did not know of any private agreement. His client would be willing to enter into a private agreement. FRIDLEY CITY COUiYCIL vIEETING OF DECEMBER 9, 2002 PAGE 18 Mayor Lund replied that this was something the City Attorney should respond to. Attornev Knaak replied that he believed �1r. Neilson had stated his case. Attorney Neilson stated he wanted to present a petition on 62"d Way. He did not count the number of names on the petition. He was told there were more than 100 parties who have signed it, and they are asking for the continued maintenance of 62°d Way. MOTION by Councilmember Bolkcom to accept the petition for 62"d Way maintenance. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANINIOUSLY. Mr. Greg Potasek, 310 - 62"d Way N.E., stated the petition requested the maintenance of 62nd Way as it had been maintained for 45 years previously, as a dedicated street, dedicated in 19a6. He said the petition was signed by many of the neighbors. Councilmember Billings asked if the petition applied to the portion of the right-of-v��ay of 6?"a Way. Attorney Neilson replied that it did. Councilmember Billings stated it was his understanding that the City maintained the street right- of-way for 62"d Way and, at various times, did some snowplawing of the Harris property as well. He said he wanted clarification as to the intent of the petition. Attorney Neilson stated for the record that if the City had been maintaining property that had not been dedicated and had done it for six years and spent public money on it, it became a public road pursuant to Minnesota Statutes Section 161.05. It was a public road to the extent it was an traveled surface. Attorney Knaack said that there was agreement that it was a dedicated road,'and an easement for road purposes was created as a result of the dedication of the plat. He said the issue here was once it had been signed, did that mean the City had an obligation to maintain a certain kind of road to a certain kind of standazd into the indefinite future. He said in this case it did not. He said that in 1969 when the City designed the configuration, there was a clear statement of what the City considered as roadway. He indicated that the position the City had taken was that it would continue to maintain the public street. He said the City was under no obligation to improve that. He said that as it was currently used and configured, despite the obvious need for the residents to take the position that this was a public roadway, it was really used as a private residential driveway and access for the entire period of time and was treated as such by the City. He said the City was not in the business of plowing or doing other maintenance services for private persons, and once it came to the City's attention that it had been engaging in the practice, it had to stop. He indicated that the City was not in a position to provide those kind of services. He said he had no problem resolving this issue very quickly in a judicial form or some other FRIDLEY CITY COUNCIL �IEETING OF DECEMBER 9, 2002 PAGE 19 form if the parties could agree. He said the City had to be careful not to be put in a situation where other people were goina to be makina the same kind of demands and pointing to this as the basis for those demands. He said there was a different view, one in which he based his ad��ice to the Citv. He said the Council could improve it as a public street and assess accordingLy. It could be upgraded and maintained as a public street. Dr. Burns, City Manager, commented that he thought there were many other examples of private rights-of-way throughout Fridley that do not have a public street, which enforced the point that rights-of-way did not necessarilv mean streets. The second point he would like to make was that there �vas an opportunity back in 1969 when 62"d Way was reconstructed far Mr. Potasek's father, Chester Potasek, to have it assessed as an improvement. The assessment would have included the portion we are no�v talking about. �1r. Potasek specifically declined to pay for that improvement. At that time the City Engineer commented that this was not a City street and unless another 30 feet of right-of-way were added, the City could not put in a street. Attorney Neilson asked for an eYample of a similar street that had been dedicated and maintained and plowed for at least 6 years but then the decision was made that it was private. Mayor Ltmd asked if 6 years of maintenance converted it to a public street. Attorney Neilson replied that it became a public street. He said it was similar to an adverse possession law. He said a person would have to do it for 15 years, but the government only needs 6 years. Mayor Lund replied so if he was mowing his neighbor's yard, say 4 feet encroaching on his property, after mowing it for 15 years or more, it was basically, legally, his property. Attorney Neilson replied it depended on circumstances but it was a possibility. Mr. Knaack replied that if the City were to decide to do an upgrade on that site and need to take some property, that argument becomes valuable if they say that they do not have to take as much because they already own it. He is not sure if the City is ready to claim adverse possession. However, that would be the immediate implication of the argument. ' Attorney Neilson said that was correct, and of course, to include the property to a new width for 60 feet instead of 50 feet, the City can do that under Chapter 429. But they would have to get the owners to consent to give a voluntary conveyance or the City would have to condemn. Then there was the question of whether the City can get a special assessment. He said they could do a special assessment if they showed benefit. You could only show benefit if the value of the property increased because of the special assessment. Their argument was simply that there was a public road. They were able to get in and out. They do not need 60 feet. There was no benefit. Councilmember Bolkcom replied that she personally did not think they had made any progress.. She wanted to know if it made sense for them to continue at this point. She asked if they were going to reach any type of agreement at this meeting. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE ZO Attorney Knaak replied probably not. He thought there was a practical solution and that would be to consider initiating the Chapter �29 process. He said that as a practical matter if they were dealing with a specific desiQn, part of that would be the engineering study that would determine whether it ��.-euld work. It �zould give a process for Council to follow, and it did not set a course that would require Council to do any of the improvements or assess the improvements. It would at least set the Council down a path where this could be used as a public roadway, He said they could do a design that would be reasonably close to what could be acceptable to all the parties. He said the issue was not whether it was a aood idea. The issue was who was going to pay for it. He said that was also part of the process. � Councilmember Bolkcom stated a resolution was prepared that basically ordered plans ar�d specifications and costs. Attorney Knaak said he thouaht it should be put on the agenda for another meeting. Councilmember Bolkcom asked Attorney Knaak what he would advise Council at this time. Attorney Knaak replied that he wanted to preface this by saying that that by giving Council advice with an open mike he was not waiving any and all other attornev-client communications with respect to this matter. He said he suggested that they put this on the agenda for the next meeting to begin the Chapter 429 process. He thought it would get this matter going in a concrete direction, allow staff the justification to proceed with the design beyond what it had done already, and begin to deal with the peculiarities of the land configuration issues around the parcel. He suggested that they set it up for the Chapter 429 procedure and allow continued discussion. Councilmember Bolkcom replied that this item should be tabled. She said it was her understandina there were still discussions going on. Attorney Neilson stated that he thought people in the City had a right to contact their council members. He said he as an attorney clearly did not have the right to tell his clients they could not do that. He stated he thought what they wanted was action from Council. He said he would rather see Council pass the ordinance as it was but make it clear that what they really meant was there would be snowplowing but no maintenance. Councilmember Bolkcom stated that she thought she heard Mr. Neilson at the beginning say he was not sure if the motion would be clear enough. Attorney Neilson responded that he thought what it should say was that City staff was not to plow snow and provide routine maintenance. Councilmember Billings asked the City Attorney if it would be possible to approve the resolution ordering preliminary plans, specifications and estimates at the current meeting Attorney Knaak replied that he did not believe it would be possible because there should be notice. FRIDLEY CITY COUNCIL vTEETING OF DECEMBER 9, 2002 PAGE 21 Councilmember Bo(kcom asked if the notice had to be published. Attorney Ivzaak replied that it was published if it was actually put on. He said published did not necessarilc mean in a le�al newspaper. Dr. Burns stated that if it were the consensus of Council to move forward with the preliminary plans, specitications, estimates, and costs for the 62"d Way extension project, would it indicate that Council had taken the position that it should be traveled roadway and, therefore, inconsistent with the motion presented in August. Attorney Knaack replied that it would not. Councilmember Billings asked about a memorandum that was sent within the last couple of weeks relative to a configuration for the possible 62"d Way extension project. In the memorandum it refened to the fact that Council had directed staff to do this. He just wanted clarification from the City Attorney that it was his understanding that the City Council did not in any way, shape or fashion, take any action at the conference meeting. As a matter of fact in this particular instance, he believed he was the one who asked Mr. Knaack to proceed with putting this together and bringing it fonvard. Attorney Knaak agreed. Councilmember Billings stated he just wanted to make sure that anyone reading the memorandum did not misconstrue anything. Attorney Neilson stated he still was unclear as to what the City Council's action was. Mayor Lund replied he believed that Attorney Knaak was preparing a motion. Councilmember Bolkcom asked Mr. Harris if he would like to make a comment. Mr. Richard Harris, 6200 Riverview Terrace N.E., stated he was wondering if they were not creating a larger problem then what was trying to be resolved. He asked if fihis was going to be on the agenda for the neact Council meeting. Councilmember Billings replied he was going ask the City Manager to put a resolution on the agenda for the next meeting. He said the resolution would ask staff to prepare plans, specifications and estimates of costs. Mr. Harris asked who would plow the snow. Councilmember Billings replied that was something that he thought was possibly going to be determined by the outcome of the vote on the other issue. Mr. Hanis stated that if there was action tonight, he would like to speak about the matter. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 22 Attornev Neilson asked if there could be a resolution for temporary snowplowing. Nlavor Lund asked the �vard Councilmember to make the motion. Councilmember Wolfe said if they did the temporary plowing, what was the incentive to continue the discussion. Attorney Neilson replied it would be to continue what the City was trying xo do with Chapter 429. Councilmember Wolfe replied that he thought the whole issue was that they were no longer ,. plowing. Councilmember Bolkcom stated she believed they do have a resolution asking for plans and specifications to be drawn up on the extension. She said she personally did not support the City plo�ving this area. She said as Attorney I�naak mentioned earlier, she thought it had been an error continued over many years and brought to their attention during the reconstruction. She asked about the motion being drafted by Attorney Knaack. She asked if it was a substitute for the motion that �vas on the table. Attorney Knaak replied that it was with an additional sentence. MOTION by Councilmember Bolkcom to remove the item from the table for further discussion. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUNI) DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings stated he needed to speak in opposition to the motion. He said it was his personal opinion that this portion of 62"d Way was in fact a right-of-way. The property owners adjacent to it have at various times requested that maintenance continue to be done on it and that the roadway be improved with concrete curb and gutter. He stated he would argue that the City continue to maintain that portion of the right-of-way that served as traveled roadway and that plans and specifications be prepared to bring it as close as possible to the standards of the right-of-way that existed. He said the roadway should be improved. Mayor Lund asked that they vote on the following motion: To uphold the decision of City staff ' as it pertained to snow plowing and routine maintenance of the right-of-way extension currently being used for property access by the property owners at 190 - 62"d Way, 310 - 62nd .W�ly, and _ 6200 Riverview Terrace. Specifically, no snow plowing or other road surface maintenance of that right-of-way extension will be done by the City's maintenance crews. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE AND BOLKCOM AND MAYOR LL�ND VOTING AYE, AND COUNCILMEMBERS WOLFE AND BILLINGS VOTING NAY, MAYOR LUND DECLARED THE MOTION PASSED ON A 3 TO 2 VOTE. FRIDLEY" CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 23 Mr. Harris approached and contirmed that there will be no plowing and asked if there was any objection it he plowed his drivewa�. There �vere no objections. �1r. Potasek asked about contact between residents and the City Council. Several Council members have said they will not speak to residents because of the need for a resident to have legal assistance. He �vas told by Councilmember Bolkcom in particular that she would not speak _ with him because he had an attorney. He said Council members are elected and represent the citizens of the City. By saying that they would riot speak with residents, they were turning down _ their duties to represent the people of the City. Councilmember Billin�s replied that he told him many, many months ago that he would not discuss this issue with him in any type of one-on-one conversation. He said he would onlv discuss this issue in a public forum to avoid any miscommunication without a witness being present. He said he had been consistent with that statenent and did not think that position was contrary to any oath of office that he took. He said he took personal objection to �vhat Mr. Potasek said. Mr. Potasek said that in other words, Councilmember Billings was saying he would not speak one on one w-ith a resident of the City. Councilmember Billings stated he would not discuss it with him one on one. He stated that it was consistent with his oath of office to make sure he was doing what was in the best interests of the City, including the citizens and business and property owners in the City. Mr. Potasek replied that Councilmember Billings was speaking with Mr. Harris in front of the houses on 62°`� Way. He said he would not speak with him but would talk with Mr. Harris. Mr. Potasek commented that he thought it was prejudicial to provide favored treatment to some citizens and refuse to talk to others. NEW BUSINESS: 15. RESOLUTION NO. 71-2002 GIVING PRELIMINARY APPROVAL TO A PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 469.154, AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE PREPARATION OF NECESSARY DOCUMENTS (TOTINO-GRACE HIGH SCHOOL PROJECT) (WARD 2). MOTION by Councilmember Wolfe to approve Resolution No. 71-2002. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2002 PAGE 2� 4. RECEIVE BIDS AND AWARDS CONTRACT FOR THE COMMONS PA1tK PARKING LOT PHASE 1 I�IPROVE�IENT PROJECT NO. 3�8. Councilmember Bolkcom recalled discussions at the last conference rneeting al�out all�vs and approvin� alleys and was wonderina if they tivent anead and approved the bids and aw�arded the contract for this, if they were increasing the amount far later: Mayor Ltmd asked Councilmember Bolkcom if she was as�ing about the difference. Councilmember Bolkcom replied that there was discussion about not doing the alleys because of the increased costs. She said she was wonderina when they would be done. _ Mr. Haukaas replied the alley referred to was currently paved. Z'hat is the portion that will be done in the future. It was originally intended to be a part of the project. Councilmember Bolkcom replied that she knew it was improved but did not think if was in bad shape and thought it could have waited a while. Mr. Haukaas replied that there are several of the street projects in which they will improve streets because it made sense to do. Councilmember Billings asked Mr. Haukaas if the contract contained language relative to prevailing wages. Mr. Haukaas replied that it did. MOTION by Councilmember Bolkcom to receive the bids and award the r,ontract far the Commons Park Parking Lot Phase I Improvement Proj�;ct No. 348 t� Bitumanous Roadways Incorporated in the amount of $62,910.00. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED T�IE MOTION CARRIED UNANIMOUSLY. 5. APPROVE CITY OF FRIDLEY STREET RECQNSTRUCTION AND MAINTENANCE POLICIES. Mr. Haukaas replied that the street reconstruction policies were a collectaon of administrative - procedures that the City had been using over the last 30 to 40 years. Councilmember Bolkcom stated they did talk about some alleys that were not going to be improved and she wondered if this item should be tabled. Councilmember Barnette agreed. MOTION by Councilmember Bolkcom to table approval of the City of Fridley Street Reconstruction and Maintenance Policies. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL �iEETING_OF DECEMBER 9, 2002 PAGE 25 UPON A VOICE VOTE, ALL VOTING AYE, VIAYOR LUND DECLARED THE �IOTION CARRIED UNaNI�IOUSLY. Attorney Neilson approached and asked for a copy of the policies. Councilmember Billings stated there was an agenda book that Attorney Neilson could take with him, and he would find the information on Pages 28 and 29. 6. APPROVE PARTNERSHIP AGREEMENT BETWEEN THE CITY OF FRIDLE�" _ AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION. MOTION by Councilmember Bolkcom to approve the Partnership Agreement between the City- of Fridley and the Minnesota Department of Transportation. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANI�IOUSLY. 16. INFOR�vIAL STATti S REPORTS Dr. Burns stated that the Housing and Redevelopment Authority meeting was cancelled and rescheduled for Thursday, December 12. He said the newsletter was in the maiL Councilmember Bolkcom stated she had the pleasure of attending the Police Department citizen awards ceremony the week before. She was very impressed. Mr. Haukaas said that on Page 2 of the newsletter under Street Reconstruction there was a phone number on the bottom and the prefix is wrong. It should be 572 not 573. He said that the flood pump for Riverview Heights was installed but they have been unable to test it because of low water. Councilmember Bolkcom attended a meeting about train whistles. She said there was a good turnout. Mayor Lund stated he represented the City at the National League of Cities conference in Salt ' Lake City. - Councilmember Billings asked about the status of the survey being done on user fees. Mr. Pribyl replied they are preparing the first draft of the results. FRIDLEY CITY COUNCIL i�IEETING OF DECEMBER 9, 2002 PAGE 26 ADJOURN: MOTION bv Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, iVIAYOR LUND DECLARED THE DECEMBER 9, 2002, CITY COUNCIL MEETING ADJOUR�IED AT 10:42 P.iV1. Respectfully submitted, Denise i�1. Letendre Scott J. Lund Recording Secretary Mayor � 0 0 MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 16, 2002 The Re�ular vleeting of the Fridley City Council was called to order by Mayor Lund at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. � ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Jon Haukaas, Public Works Director Richard D. Prybl, Finance Director/Treasurer Scott Hickok, Community Development Director Fritz Knaak, City Attorney APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. ORDINANCE NO. 1169 AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE REPEALING THE HUMAN RESOURCES COMMISSION. Dr. Burns, City Manager, stated this ordinance would remove references to the Human Resources Commission from Chapter 6 of the Fridley City Code. The first reading of the ordinance was approved at the December 9 meeting. He said Council would like to thank the members of the commission, LeRoy Oquist, Terry Mau, and Ellen Raeker their years of service to Fridley. Staff recomrnended Council's approval of the second and final reading. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1169 ON THE � SECOND READING AND ORDERED PUBLICATION. 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 4, 2002. RECEIVED. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 2 3. MOTION TO AUTHORIZE THE FRIDLEY SENIOR PROGRAM TO APPLY FOR CDBG FUNDING FOR THE YEAR 2003. Dr. Burns, City Manager, stated that this is a joint application with the City of Coon Rapids. The amount requested was $11,000. If successful, the proceeds would be divided equally between the two cities and used for their senior companion programs. This was the continuation of an effort made last year. Staff recommended Council's approval. APPROVED. 0 �t. RESOLUTION NO. 72-2002 AUTHORIZING AN INCREASE IN CONIPENSA- TION AND CHANGES IN CERTAIN BENEEITS FOR THE 2003 CALENDAR YEAR. Dr. Burns, City Manager, said the resolution authorized a two percent cost of living adjustment for non-bargaining unit employees. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 72-2002. 5. CLAIMS. APPROVED CLAIM NOS. 109053 THROUGH 109187. 6. LICENSES. APPROVED ALL LICENSES AS SUBMITTED. 7. ESTIMATES. APPROVED THE FOLLOWING ESTIMATES: CM Construction Company Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 Municipal Garage Expansion Project No. 343 ' Estimate No. 1 $57,916.75 0 MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLA.RED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL i�IEETING OF DECEMBER 16. 2002 PAGE 3 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. - OPEN FORUM, VISITORS: _ There was no response from the audience under this item of business. OLD BUSItiESS: 8. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 20�, SECTIONS 205.17, 205.18, 205.19, 205.20 AND 205.25 R�LATED TO OUTDOOR STORAGE IN THE INDUSTRIAL DISTRICTS (TABLED OCTOBER 28, 2002). MOTION by Councilmember Wolfe to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Community Development Director, said staff requested consideration of Zoning Text Amendment No. 02-01 which related to outdoor storage in Fridley's industrial districts. Current outdoor storage regulations did not allow outdoor storage unless the property was in a M-3 district or the property had been issu�d a special use permit for incidental storage. The current ordinance dated back to 1992. Systematic code enforcement in late 2001 revealed that a number of industrial properties were storing goods in trailers and other places outdoors. Staff determined that the city ordinance should be reviewed. He said that the counciUcommission survey results showed overwhelming support for new legislation that would allow some outdoor storage with screening requirements. Those survey responses were verified at a joint meeting held between the commissions and Council on April 15. Mr. Hickok said that when preparing the proposed ordinance, staff examined several different " options based on how other cities in the metro area regulated outdoor storage. Outdoor storage was currently allowed in the M-1, M-2, and M-4, and S-3 districts, through a special use process, - if the items being stored were incidental to the business. Incidental storage had been interpreted to mean the storage was temporary in nature and the short-term storage was not required as an ongoing part of the business. The confusion was in defining "temporary" and determining whether it ��-as required as part of the business. Public hearings were held before the Planning Commission and the City Council. Mr. Hickok said that without spending a lot of time going through the ordinance itself, the language was very consistent in that different sections of the code were being repealed. He said FRIDLEY CITY COUNCIL �IEETING OF DECEMBER 16, 2002 PAGE 4 that in the M-3 district the code would allow up to 15 feet in height in the screened/storage areas. In the other districts it would 12 feet in height, which would mean some of the semi/enclosed trailers could not be part of the enclosed storage area. There was a heaxing befare the Planning Commission on July 17. On �uaust 12, it �vent before the City Council and a motion was made to continue the public hearing until September 9. The City held a public hearing on September 9 at which time they tabled the hearin� and held a Council work session to discuss issues raised at the public hearings. The first reading was held on October 24. Mr. Hickok indicated that staff inet with the Onaway District property owners in two meetings - on November 13 and December �. One of the most frequent comments related to the unique characteristics of that district and that the alleys did define the rear part of the properties. Storm _ water was an issue. The idea of having storage pods rather than semi-trailers for storage in the Onaway District was offered as a solution to a couple of people who had semi-trailers who wanted to use them for warehouse and storage. Dumpsters were discussed at length. He said staff would be recommending that the code regarding dumpster requirements in the Onaway District be reviewed. Several other unique characteristics were identified in the Onaway District. He said that snow plowing equipment must be stored and kept within a screened area. Dumpsters and other enclosures were discussed. He said they also spoke with United Defense, and who indicated that they �vere comfortable with the amendment as discussed. All Temp Storage eYpressed some concerns and indicated that their operation was approved as a distribution center. Mr. Hickok said that Mr. Richard Harris, resident and owner of numerous buildings in Fridley, requested a definition of heavy equipment. For purposes of this ordinance, heavy equipment was described as that which was an on-highway vehicle. An on-highway vehicle is over 26,000 pounds gross vehicle weight. That would be over the largest one-ton truck. Staff recommended approval of the first reading of the ordinance. Further, staff recommended that Council authorize staff to work on a separate text amendment regazding Chapter 113, Solid Waste and the Onaway Industrial Plan. This would be a separate process and would come before the Council in 2003. Mayor Lund stated he had two questions. One was regarding the gross vehicle weight of 26,000. He said that was for licensed or registered vehicles. A semi-truck or something of that size by itself weighs less than 26,000 pounds. He said semi trucks weigh between 17,000 to 18,000. He said that with respect to Section 4, no stipulations were listed for heavy industrial storage. Dr. Burns, City Manager, asked if they wanted to add that as an amendment tonight. 0 Mr. Hickok said it was iine. Councilmember Billings asked if it would be easier to renumber the sections. Mr. Paul Welna approached the Council. He said he was a representative of Murphy Warehouse Company which had several buildings in the area. He said he attended the October meeting and he knew there was going to be more discussion of the ordinance. He said he never received any notification of any further hearings. He accidentally found out about this one. He was interested in where this was going. He said he was concerned with the word "storage." He thought FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 5 storage did not necessarily mean parking a trailer in a building for a few hours. He understood their terminology would mean having a trailer sit for long periods in the same spot. Mr. Hickok stated that every district had trucks that are moving in and out. Mr. Welna replied they do not allow trucks to stay for long periods of time on their property. Mayor Lund stated thanked him for speaking. Councilmember Billinas asked Mr. Hickok if it would be fair to say that this was a relaxation of what w�as already in the ordinance, and if someone was meeting the ordinance today, it was highly likely that they would be meeting the ordinance in the future. Mr. Hickok agreed. Mr. Richard Harris, 6200 Riverview Terrace, asked for a definition of construction equipment. Mayor Lund referred to Section 3, line ( fl of the ordinance which stated that a special use permit for limited outdoor storage shall not permit the outside storage of semi trucks or trailers or heavy construction equipment. Mr. Harris refened to the part the mentioned "off-highway" construction equipment. He said he understood it to mean everything. Mr. Hickok replied that the term "off-highway" in the statutes talked about track vehicles and about small, hard-tired vehicles. Vehicles that could not travel on the highway. Dr. Burns asked about a crane for lifting light loads. It would not ordinarily be seen on the highway, but it could go on the highway. Mr. Hickok stated if it is a mounted truck, it would need to go by the gross vehicle weight. He said that for a multitude of construction purposes, the trailer in and of itself is not an on-highway vehicle. ' Mayor Lund asked if a bobcat would be allowed. Mr. Hickok replied the trailer itself, yes. The bobcat would fall into the category of off-highway equipment storage. Mayor Lund stated that the commercial company should unload the trailer and put the bobcat inside. Mr. Harris stated that he has seen rubber-tired rollers on the highway. Mayor Lund commented that the City has those and uses them on the shoulder but they are not able to maintain highway speed and they would not generally have license plates. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 6 Mr. Hickok stated a highway vehicle had to have a gross vehicle weight of less than 26,000 pounds. Councilmember Barnette asked N1r. Harris if he had some ideas in mind about his vehicles. Mr. Harris stated that he did not have a lot of problems with the ordinance except for Section 3( fl. He thought there was some way to better define the difference between parking and outdoor storage. He asked if they were talking about just the Onaway District. Mayor Lund replied they were not just talking about the Onaway District. Mr. Harris stated he would like to see them move ahead with the Onaway tonight. He said they owe it to the property owners in M-2 to give them a chance to review this. He said he did not think people realized what this really meant. He said he had a problem with the definitions. Mavor Lund asked Mr. Harris if he had a problem with Section ( fl as it referred to the Onaway. District. Mr. Harris stated it boiled down to the definition of heavy construction. Councilmember Bolkcom stated Mr. Harris asked a lot of questions, and she thought Mr. Hickok should have the opportunity to answer them. Mr. Hickok replied that they had involved the public in this matter. They had an open house for industrial business owners before they started the commercial and industrial code enforcement. He said that shortly after they started the systematic code enforcement process, it became evident that barbed wire fences were going to be an issue. He said they made an ordinance amendment that reflected what they had observed. He said that they followed that a short time later with the outdoor storage ordinance. He stated that he thought it was important that they had several meetings on this. He said they sent out two mailings to the industrial property owners. They also held public hearings. He said the meetings were well attended. Councilmember Bolkcom asked if people were going to be impacted more tlian they already had. Mr. Hickok replied that they would. He said they just passed the 50 percent mark on inspecting the industrial properties and they did find that there were a number of properties that have outdoor storage issues. Many of the issues have been taken care of and people were very good to work with. In many cases they just needed a clariiication about what the ordinance did and did not allow them to store on their industrial properties. He said they will work with them and try to help them better understand the ordinance. Mr. Harris stated he still had a problem with "heavy construction." If they did something with . Section 3( fl, it would solve a lot of problems. He said if you looked around the City, you would notice that there is snow plow/construction equipment parked at almost every major parking area. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 7 Mayor Lund replied that he did not recall seeing any equipment at Target and Home Depot. He said it was usuallv contracted out. Mr. Harris said �vhat they did was move the equipment there. He said there is equipment at Home Depot. Councilmember Bolkcom asked if the equipment was there all the time. Mr. Harris stated that the argument could be made that it would be parked there until it was needed but it could also be said that it was stored there. Mayor Lund asked what districts the stores were in. Mr. Hickok replied they are commercial entities. He said all the companies mentioned have special permits that depend on them not storing outside. Mr. Harris stated he did not want to make any trouble for them. Mayor Lund stated as they heard earlier, they just started doing commercial and industrial enforcement. Mr. Harris said that prior to 1992 it was allowed. He said lumber yards and all kinds of things were allowed in the M Districts. Mayor Lund stated that his points were noted. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 0 NEW BUSINESS: 9. RESOLUTION NO. 73-2002 CERTIFYING THE FINAL TAX LEVY REQUIRE- MENTS FOR 2003 TO THE COUNTY OF ANOKA. Mr. Pribyl, Finance Director, stated this resolution certified the tax levy to Anoka County. He _ said the levy was broken up into the following components: General Fund, $5,716,590; Capital Improvement Fund, $94,165; Six Cities Watershed Management Organization, $6,200; and Stonybrook Creek Sub-Watershed District at $8,900 for a total being certified to Anoka County in the amount of $5,825,855. He said the resolution and levy were in compliance with the required truth in taxation process. Staff recommended approval of the resolution. MOTION by Councilmember Barnette to adopt Resolution No. 73-2002. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE N10TION CARRIED UNANII�IOUSLY. 10. RESOLUTION NO. 7�t-2002 ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 2003. Mr. Pribyl stated this resolution adopted the fiscal year 2003 budget. On December 9 the City Council conducted a public hearing outlining the elements of the City budget for 2003. He said all elements of the budget complied with both Minnesota State Statutes and the City Code. The key elements talked about at the public hearing were: the total General Fund appropriations or expenditures of $12,883,911; the total Special Revenue Fund appropriations of $1,236,096; the total Capital Projects Fund appropriations of $450,100; and the total Agency Fund appropriations of $6,200. The total of all funds was $14,576,307. He said the overall tax levy increased by 3.8 percent. Staff recommended approval of the resolution. MOTION by Councilmember Bolkcom to adopt Resolution 74-2002. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 603, INTOXICATING LIQUOR, OF THE FRIDLEY CITY CODE PERTAINING TO FOOD TO LIQUOR SALES RATIO. Mr. Pribyl, Finance Director, stated that staff prepared the first reading of this ordinance to determine if there was support to amend the food-to-liquor ratio. The current minimum ratio of food sales to liquor sales of 40 percent was established in 1975. There have been requests over the years to reduce the minimum food requirement to something less than the current 40 percent. The ordinance proposed to reduce the minimum food percentage to 35 percent. Councilmember Bolkcom asked about the food percentages for businesses. ' Mr. Pribyl stated the food percentages had been maintained over a period of years and had been prepared from the CPA certifications provided by the establishments during renewal. He said over the years there have been a few locations that hovered around the 40 percent mark. Councilmember Bolkcom stated part of the reason for the proposed ordinance was because of non-compliance by one establishment. She could not justify changing the ordinance when previous councils had all been pretty adamant about this. She asked if public notice was necessary to change the ordinance. Mr. Pribyl replied that a public hearing was not needed. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 9 Councilmember Wolfe commented the proposed ordinance was before them due to the request of AMF Bowling Centers. He said people do not go to bowling alleys for supper, however, they might go to the Nlermaid for supper because it has a full-size restaurant. Councilmember Billings commented that the issue had been discussed in a conference session due to AMF's request to change the ordinance. He said it was being presented to see if there �vas any desire on behalf of the City Council to change it. It was his understanding that only one Council member was in favor of making some kind of change. He believed language should be brought forward that adequately defined the bowling alley. Councilmember Wolfe recalled that he actually did state a bowling alley should be treated differently. Councilmember Barnette asked Mr. Pribyl if a liquor-food establishment in Fridley had ever lost a liquor license because of non-compliance with the food to liquor sales ratio. Mr. Pribyl replied that no establishment had. He said some licensees were put on probation but the City Council had never actually refused to renew a liquor license. Councilmember Barnette asked how long Maple Lanes had been in operation. Mr. Pribyl replied for a long time. Councilmember Barnette asked if they have had a bar from the time they opened up. Dr. Burns, City Manager, believed they had. Councilmember Barnette asked if Maple Lanes had met the ratio until recently. Mr. Pribyl replied they had. He said staff had reviewed Council meeting minutes and found references to this site in 1975 when much of this ordinance was adopted. At that time, the owners of Maple Lanes indicated they were concerned about meeting the ratio. Councilmember Barnette said he did not know what changed, but the bowling alley had been in Fridley for at least 30 years or longer and had always been able to meet the ratio. He said they had new ownership, but the new owners bought the establishment knowing what the requirements were. Councilmember Wolfe commented it was kind of like the businesses in Fridley that knew about the ordinance relating to storage. He asked why they were not shut down. Councilmember Barnette commented they warked with them. Councilmember Wolfe commented they have made it easier. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 10 Mayor Lund stated there were two reasons why he supported the ordinance. He said looking at the chart presented earlier, there were a few establishments getting dangerously close to the 40/60 rule. He said it appeared it might be increasingly difficult to achieve that goal and there were some valid arguments. He said it tivas tough to regulate the eYCeptions and create the e�cception for one, but he felt they could compromise. Councilmember Bolkcom said the ordinance was originally adopted because the City Council wanted restaurants not liquor establishments in Fridley. She asked if other businesses were going to want the ratio lowered if they could not meet the 3� percent ratio. Mayor Lund commented he did not think it had happened overnight. He said the ordinance had , been around for a long time. Councilmember Billings stated Councilmember Bolkcom was right that the intent of their predecessors in 1975 was to establish the fact that the City of Fridley wanted to have quality; on- sale liquor establishments that were predominantly restaurants. He said Sharx came onto the scene in 1991 with a food ratio of 16 percent. At that time the City Council was firm about the minimum 40 percent food ratio. Sharx had to make adjustments to strongly emphasize food sales in their operation and were just barely making their quota now. He said he felt the City wanted to hold establishments to a higher standard. He said he understood the Mayor's pursuit of trying to relax the standards for the bowling alley in particular to retain the business in the community. He said they had to remember the reason for the ordinance and he could not support the proposed change. If someone were to present an ordinance that specifically spelled out "bowling alleys" and set up a different criteria for them within the ordinance, he would evaluate it and vote based on the logic of the ordinance presented. MOTION by Mayor Lund to waive the first reading and approve the ordinance on first reading. Seconded by Councilmember Billings. UPON A VOICE VOTE, MAYOR LUND VOTING AYE, AND COUNCILMEMBERS BARNETTE, WOLFE, BOLKCOM AND BILLINGS VOTING NAY, THE MOTION FAILED ON A 1 TO 4 VOTE. 12. RESOLUTION NO. 75-2002 APPROVING THE ISSUANCE AND SALE OF THE CITY OF FRIDLEY, MINNESOTA, EDUCATIONAL FACILITIES REVENUE SERIES 2002 (TOTINO-GRACE HGH SCHOOL AUTHORIZING THE EXECUTION OF DOCUMENTS RELATIONG THERETO. Mr. Pribyl, Finance Director, stated a public hearing was held on this matter on Decernber 9. He said the City was provided with information stating the debt would be in the amount of $4 million and was for improvements on the property, construction of a new heating and electrical plant, and construction of a 60-space hard-surface parking lot. He said they would also be refinancing some existing debt used to build a library, science lab, office and stadium. Totina Grace advised that conventional market rate financing would limit the feasibility of this project FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 11 and they probably would not be able to construct some of the elements. The debt in this particular case would be repaid from the revenues of the borrower and not the City. Councilmember Barnette said he wanted to confirm that there was no obligation to the City or City residents. Mr. Pribyl stated that this particular bond issue was allowed by Minnesota State Statutes. He said it was conduit financing and restated the fact that there was no pledge of City resources and it would be fully and completely paid for by Totino-Grace. MOTION by Councilmember Wolfe to approve Resolution No. 7�-2002. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. RESOLUTION NO. 76-2002 DIRECTING THE DESIGN FOR THE EXTENSION OF 62` WAY WEST OF RIVERVIEW TERRACE. Mr. Haukaas, Public Works Director, pointed out that it was inconectly listed on the agenda as Riverview "Heights." It should say Riverview "Terrace." He stated that after the discussion at the December 9 council meeting, staff prepared resolutions so that a construction project could be initiated in accordance with the statute. He said the first resolution recognized the proposed design width for the extension of 62"d Way, which was less than the accepted standards. Building to the accepted standards that were recommended by the engineering staff, would create significant issues with the adjacent properties, specifically acquisition of rights-of-way and the possible need to replat these properties to recognize some non-conformities of lot size. Nevertheless the City Council directed the engineering staff to design this roadway to the lesser width. This type of resolution was last used for the design of Riverview Terrace, north of 79th Avenue in Riverview Heights. Councilmember Billings stated that last week an attorney for one or more of the property owners indicated that the City may in fact already own or have the right to utilize that property because of eminent domain. He said it was his understanding that from time to time, both the property owner north of 62"d Way and the City of Fridley have plowed snow in this area. He asked if that would preclude adverse possession from taking place. Attorney Knaak, City Attorney, replied that with respect to roadways, there had to be continuous possession. Dr. Burns, City Manager, inquired if adverse possession could be voluntary. Attorney Knaak replied that adverse possession generally required action of ascertaining the right. It was not something that happened automatically. He said in this instance it would be problematic since the property involved was being maintained by the property owner. He said it would be a fact question. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 12 Councilmember Billings asked if it was reasonable for the City to attempt to claim that the property immediately north of 62"d Way was now part of the public street right-of-wav. He said unless the property owner was willing to deed or �rant an easement or allow the City to use the property, it was highly likely this would end up in some sort of a court setting to make a determination about adverse possession, thus increasing the cost of the project. Attorney Knaak replied that was not an unlikely scenario. Councilmember Bolkcom stated the width of the road was not something totally unheard of. It had been done in the recent past in Riverview Heights Mr. Haukaas replied that it was not unusual to have the road less than 30 feet wide. It was because of the excessive difference from the accepted standard that they had to bring this before Council. Mr. Greg Potasek, 310 — 62"d Way N.E., stated he had not seen the plan that was being described. He said 62"d Way was west of Riverview Terrace. It was 18 feet of pavement on 25 feet right-of-way and he did not believe the resolution was necessary. He said he was not opposing or consenting to the resolution. He stated if Council wished to go forward with the resolution, he requested that they use the same process for a 25-foot radius cul-de-sac centered on the present 62"d Way street. He said he had previously made this request. Gity policy itself recognized that the standard for local residential streets would normally be a 30 foot wide, 50 foot in diameter (25-foot radius) cul-de-sac. He asked Mr. Harris if he had any objections. Councilmember Billings stated said that the resolution before Council directed City staff to do this. The reason for the resolution was because the city engineer needed to sign the plans even though they are contrary to the accepted standards. The resolution would hold him harmless from liability and from accusations of drafting substandard plans. When the next resolution directing them to actually prepare plans was presented, it might be time for Mr. Potasek to talk about what he was discussing right now. He said there was only 25 feet of right-of-way. He stated that in order to create a driving surface witli a 50-foot radius, a 60 to 65 foot right-of-way would be needed. � Mr. Potasek stated Fridley's policy indicated a 50-foot diameter cul-de-sac. It said nothing about the right-of-way. He said he received no objections from Mr. Harris regarding the right-of-way question. He said that none of the plans were presented to the residents and, in fact, they were not notified of the hearing. He requested notification of any further plans or proceedings. Mayor Lund stated that they would be notified Mr. Potasek requested authorization of a second set of plans. Mr. Haukaas said they had prepared several layouts. The current proposal was sent to Mr. Potasek's attorney one week ago. FRIDLEY CITY COUNCIL �IEETING OF DECEMBER 16, 2002 PAGE 13 Mr. Potasek replied he had spoken with Mr. Haukaas and Mr. Burns in October and requested consideration of a 2�-foot radius cul-de-sac. Mr. Haukaas stated that the copy of the street policies that Mr. Potasek had w-as a draft copy. It had not been approved by Council. Mr. Potasek stated he received a copy of the street policies on August 12. Nothing was said about this being a draft copy. He said they have not received any proposal that met the policy. He stated they had not received a response from the City since August. Councilmember Bolkcom asked Mr. Knaak if he had any discussions with Mr. Neilson Mr. Knaack stated he did not hear from Mr. Neilson, although they did send a copy of the draft. He pointed out that the exchanaes were really for discussion purposes. The resolution was something different. It would authorize the City Engineer to proceed with this matter. He emphasized that this was not a decision as to the configuration, it simply authorized the City Engineering staff to prepare more formal plans that would serve as a basis for further discussions. Councilmember Bolkcom said that the City often did some type of preliminary plans. Mr. Haukaas agreed. Mr. Potasek said he was requesting that a second option be addressed and presented to the neighborhood, a cost contract be presented, and neighbors notified of any meetings. Attorney Knaak said this was a preliminary part of the process, and under Chapter 429 there were requirements for providing notice. Council could not make any decisions without notice Mayor Lund asked Mr. Potasek if he had an interest in any of the two options. Mr. Potasek said he was not opposing or consenting to either one. Dr. Burns said they were being accused of not being responsive and he thought that was untrue: He said Mr. Haukaas submitted five or six different plans. MOTION by Councilmember Bolkcom to approve Resolution No. 76-2002. Seconded by Mr. Wolfe. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, WOLFE, BOLKCOM, AND BILLINGS VOTING AYE, AND MAYOR LUND VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-1 VOTE. 14. RESOLUTION NO. 77-2002 ORDERING PRELIMINARY PLANS, SPECIFICA- TIONS AND ESTIMATES OF THE COSTS THEREOF: 62 WAY EXTENSION PROJECT NO. ST. 2003-2. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 14 Mr. Haukaas stated this resolution ordered plans and specifications and estimates of costs thereof for the 62"d Way eYtension proj�ct. They would return at a future Council meeting with a report of the findings, including a proposal for assessment costs. Councilmember Barnette asked if this was only applicable to the street or did it include the cul- de-sac. Mr. Haukaas replied the resolution ordered plans for the 62"d Way eYtension project. If so directed, they could put together alternatives. Councilmember Billings asked what time was involved in preparing a set of plans. Mr. Haukaas replied tl�at it would require several hours. He thought it would take a minimum of 20 to 40 hours to put a basic preliminary plan together, do cost estimates, and prepare the report. Councilmember Billings stated it seemed that when this came before them in August, it was tabled so the property owners and the City would have an opportunity to come up with some kind of alternative. He said there has not been anything from the property owners indicating that they wanted to give the City additional right-of-way. He said he hesitated to ask staff to put in a considerable amount of time on Option A, Option B, Option C, or Option D, when in fact all of those options were presented in rough draft form to almost everyone involved. He said the City was in the business of plowing snow. He said they aze primarily equipped to push snow. They are not equipped to go in with buckets and scoop snow. He said they needed to come up with a design for the roadway that was something that could easily be accessed by the City's equipment. A 25-foot right-of-way did not allow enough room to build any kind of a cul-de-sac that met the current standards. Even a 50-foot right-of-way did not allow the City to build a cul- de-sac that would allow enough room for City equipment to get in and turn around. They would need considerably more right-of-way. He said he did not know if any of the property owners were interested in giving up part of their front yards in order to install a street that was wider than 13 feet. Mr. Potasek stated the street had been plowed since 1956 or 1957. As Mr. Harris stated earlier, one of the most efficient ways of moving snow is with a front-end loader. A front-end loader is. used in other areas of Fridley. With respect to notification from the City regarding options, he received a fax from Mr. Haukaas on December 6. It was noted that the subject matter of the fa�c was brought up in a meeting by Councilmember Billings and was dated November 25. It was sent to the City Council members on November 26. He stated they did not receive it until December 6. Mr. Richard Harris, 6200 Riverview Terrace N.E., approached with photographs of the street. He stated he took the photographs after the last meeting and painted a yellow line so they knew what they are talkin� about. He said the strip was pretty close to the street line property line, between 62"d and his property. He said he would consider Mr. Potasek's request. He said he would like to measure it and put stakes up to see how it would look. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 2002 PAGE 15 Councilmember Bolkcom stated that she agreed that after months of discussion, it was time to proceed. Mayor Lund stated that he voted against the previous resolution because there did not appear to be a viable alternative. MOTION by Councilmember Bolkcom to approve Resolution 77-2002. Seconded by Councilmember Wolfe. Councilmember Billings asked what radius a current design required. Mr. Haukaas replied the design standard �vould be a 50-foot radius right-of-way. For a neighborhood street it would be a 40-foot radius curb line. Councilmember Billings said in order to meet the current design standards of the City, that was what it would take and the property owners indicated that that was not something they wanted. Mr. Potasek said it did not meet the policy for city streets. Councilmember Billings asked N1r. Haukaas to explain what the current design policy was for a cul-de-sac. Mr. Haukaas replied that they have not approved a city policy on cul-de-sacs. Their administrative policy was, as he explained eazlier, the same as the design standard. Councilmember Billings stated and the City Council had not approved a policy. Mr. Haukaas agreed. Mr. Potasek stated at the request of Councilmember Ann Bolkcom, he received a copy of "Snow Removal Operations Policies and Procedures." It did not say "draft" on it anywhere. He asked how old the policy was that was sent to him. Mr. Haukaas replied that was something that had been in the development stages. As previously stated, it had never been approved nor was it official City policy. Mr. Potasek said it was dated July, 1996. Councilmember Bolkcom said it was an administrative policy. It was not necessarily a policy that was adopted by the City Council. Mr. Potasek said it was sent to him. Councilmember Bolkcom replied it was done at his request. FRIDLEY CITY COUNCIL vIEETING OF DECEMBER 16, 2002 PAGE 16 Councilmember Billings stated it was the only thing they had at that time that was even close to a policy. UPON A VOICE VOTE, COUNCIL�IEMBERS BARNETTE, WOLFE, BOLKCO��, AND BILLINGS VOTING AYE, AND VIAYOR LUND VOTING NAY, NIAYOR LtiND DECLARED THE NiOTION CARRIED UNANIVIOUSLY ON A 4-1 VOTE. 15. INFORMAL STATUS REPORTS Dr. Burns, City Manager, stated they requested that the Council meet with Housing and Redevelopment Authority on Thursday, January 9, to discuss the Gateway West project. , Councilmember Bolkcom asked if City offices would be clo�ed at 2 p.m. on Christmas Eve and New Years Eve. Dr. Burns replied that they would. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE DECEMBER 16, 2002, CITY COUNCIL MEETING ADJOURNED AT 9:48 P.M. Respectfully submitted, Denise M. Letendre Recording Secretary Scott J. Lund Mayor MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 6, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:3=� p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. _ ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Senatar Don Betzold Representative Connie Bernardy Representative Char Samuelson Representative Barbara Goodwin OATH OF OFFICE TO ELECTED OFFICIALS: Steven E. Billings, Councilmember, Ward 1 Richard P. Wolfe, Councilmember, Wazd 2 Ann R. Bolkcom, Councilmember, Ward 3 STATE LEGISLATIVE UPDATE: Senator pon Betzold stated the legislative session would start on Tuesday, January 7. The major issue was the budget. There was a$4.5 billion deficit that was going to have to be addressed. The more immediate problem was the $300 million deficit for the two-year period ending June 30. He said the Fridley School District asked him to offer legislation that would a11ow the school district to levy for operating expenses at the Community Center. Senator Betzold said he would be the chair of the judiciary committee in the Senate, and would also be on the tax committee, the environment committee and possibly the pension committee. Representative Barbara Goodwin stated that with respect to the State's budget deficit, she believed it was hard for people to understand how much money they were talking about. She thought it would be a$5.5 billion deficit and it could be higher. She said they would need to eliminate all state government, transportation and public safety, family and early childhood FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2003 PAGE 2 education, local government and homestead aid credit to meet the deficit. That would leave them with onlv higher education, health and human services, and K-12 education. She said that ��.� billion ��as half of all the education spending for K-12, and over two-thirds of the higher education spending. She stated another �vay to look at it was the deficit was the size of all revenues collected combined. It was nearly one-half of all the income tax the State collected or rivo-thirds of all sales taYes. She said this would affect everyone to a great degree. Representative Connie Bernardy stated it might affect the LGA the City gets which helps keeps property taxes down. She said another thing that might affect the community was the proposal for wine in arocery stores. She said when people talk about holding taxes down, they have to look at the �ti-hole picture. She stated people could call her at 763-�71-011�. She said she would be serving on the education committee this year. Representati�-e Char Samuelson said she represented a portion of Fridley, New Brighton, and Arden Hills. She started as a graduate of city government and had completed nine years on the City Council in New Brighton. Her office would be open for anyone to come and talk to her. Councilmember Barnette asked about selling wine in grocery stores. He indicated the City received revenue from liquor store sales. Dr. Burns, City Manager, replied it was 40 percent. Councilmember Barnette stated he did not want to see wine in grocery stores. Representative Bernardy said she would try to protect the City. Councilmember Barnette also expressed his concern about the Northstar Corridor. Representative Goodwin stated a few months ago she talked to Representative Martin Sabo and he said that they would like to keep the funding for the Northstar Corridor: She said it was important to convince Governor Pawlenty. Councilmember Barnette stated last year when Governor Pawlenty was ninning for office, he attended a Northstar Corridor meeting and said he would be willing to listen. Senator Betzold said he would be carrying the Northstar bill in the Senate. He said that the funding at the federal level had expired but there might be an opportunity to capture some. If we waited, we might never see it Councilmember Bolkcom stated the Northstar Corridor was very important. It would actually help our economy. She said even President Bush was calling for community rail. Councilmember Billings stated they talk about cuts in local government aids and the property ta�c structure, which was not established by cities or counties but by state officials and their predecessors. He said the City of Fridley would receive about $2 million in local government aid. If it became necessary in order to balance the budget not to disburse government aid for the FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2003 PAGE 3 year 2003, the City would not have the opportunity to go to the property tax base because the amounts have been certified to the Count� for 2003. He stated that would mean approYimately 20 percent of what the City did ��-ould have to go away. Over the years, the state legislature has put limitations on the amount that cities can raise their bud�ets, and the cities have consistently raised their budgets less than the amount that was allowed. He said they already trimmed their budgets, so there was little left to trim. He said it was the legislature that got the State in trouble and it should not be the responsibility of the cities and counties to get the State out of trouble. _ Senator Betzold encouraged Council and the citizens of Fridley to contact them during their session. 0 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of No. 7 to the regular agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 18, 2002. RECEIVED. 2. RESOLUTION NO. 1-2003 DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY. Dr. Burns, City Manager, stated staff recommended Wells Fargo Bank as the official depository for City funds. Staff recommended Council's approval of this resolution. ADOPTED RESOLUTION NO. 1-2003. 3. RESOLUTION NO. 2-2003 AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 2003 CALENDAR YEAR. _ Dr. Burns, City Manager, stated this was consistent with the change in mileage reimbursement rates recently approved by the IRS. As a result, staff recommended that the City's mileage reimbursement rate be reduced from $.365 cents per mile to $.36 cents per mile. Staff recommended Council's approval of this resolution. ADOPTED RESOLUTION NO. 2-2003. FRIDLEY CITY COUNCIL MEETING OF JAl�TUARY 6, 2003 PAGE 4 4. RESOLUTION NO. 3-2003 DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2003. Dr. Burns, City Manager, stated staff recommended designating the Sun Focus as the legal newspaper for the City of Fridley. The Star Tribune ne�vspaper would be designated as the second newspaper. ADOPTED RESOLUTION NO. 3-2003. S. RESOLUTION NO. 4-2003 IM�OSING LOAD LIMITS ON PUBLIC STREETS IN THE CITY OF FRIDLEY, NIINNESOTA. _ Dr. Burns, City Manager, stated the load limits would begin on the date ordered by the Minnesota Commissioner of Transportation and continue until May 15, 2003, unless terminated sooner. Staff recommended Council's approval of this resnlution. ADOPTED RESOLUTION l�'O. 4-2003 6. RESOLUTION NO. 5-2003 DESIGNATING A DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY. Dr. Burns, City Manager, stated that staff recommended Council's approval of this resolution. ADOPTED RESOLUTION NO. 5-2003. 7. 2003 CITY OF FRIDLEY CITY COUNCIL AND STAFF APPOINTMENTS. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. CLAIMS. APPROVED CLAIM NOS. 109188 AND 109504. 9. LICENSES. APPROVED ALL LICENSES AS SUBMITTED. No persons in the audience spoke regarding the proposed consent agenda items. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda with the addition of Item No. 7. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6. 2003 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NIOTION CARRIED UNANI:VIOUSLY. OPEN FORUI�I, VISITORS: Mr. Greg Potasek, 310 — 62"d Way N.E., stated he had received several letters over the last few weeks regarding the diameter of cul-de-sacs in the City. He said in June he received a letter from Mr. Haukaas that stated the City would no longer plow the street in front of his house. In _ June they produced plat maps that indicated this was a street. It was dedicated by the City of Fridley and registered in Anoka County. It was on the plat map and also the City of Fridley street map, which the Director of Public Works indicated was in error. He asked for a copy of the engineering standards. Councilmember Billings stated if the standards were written somewhere in an engineering document, the Council would see that he received a copy. Mayor Lund thanked Mr. Potasek. OLD BUSINESS 10. ORDINANCE NO. 1170 AMENDING CHAPTER 205, SECTIONS 205.17, 205.18, 205.19, 205Z0 AND 205.25 RELATED TO OUTDOOR STORAGE IN THE INDUSTRIAL DISTRICTS -AND- APPROVE OFFICIAL TITLE AND SUMMARY ORDINANCE. Mr. Hickok, Community Development Director, stated this was an ordinance for the industrial districts. It loosened the standazds previously required for outdoor storage. Five public hearings were held. The first reading of the ordinance took place at the December 16, 2002, Council meeting. Staff recommended approval of the ordinance and the summary ordinance. He said they also recommended that Council authorize staff to work on a sepaz�te text amendment regarding storage in the Onaway District. They would bring it back to Council early in the first quarter of 2003. Mayor Lund asked about the gross weight issue. Mr. Hickok replied they did some research on that, and they recommended a statement that � would simply state "off-highway or on-highway equipment over 26,000 pounds gross vehicle weight." He said staff was comfortable with their analysis and determination. Councilmember Barnette asked if staff had heard from anyone else in the industrial community about this matter. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2003 PAGE 6 Mr. Hickok said Mr. Jeff Van Keuren from United Defense called and thanked staff and the City for their consideration. MOTION by Councilmember Bolkcom to waive the second reading and adopt Ordinance No, 1170 on the second reading and order publication. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to approve and publish the summary ordinance. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE 1VIOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 11. SPECIAL USE PERMIT REQtiEST, SP #02-10, BY GREG KAASA OF THORNE BROS. CUSTOM ROD AND TACKLE, TO ALLOW EXTERIOR STORAGE OF NIATERIALS IN A C-2, GENERAL BUSINESS DISTRICT, GENERALLY LOCATED AT 7500 UNIVERSITY AVENUE N.E. (WARD 3). Mr. Hickok, Community Development Director, stated the Petitioner was seeking a special use permit to allow outdoor storage of a storage container in the side yard of the building. He was requesting that a 9' x 29' storage container be allowed on the property on an annual basis from October 15 through January 15. This was the peak demand period for the ice fishing season and the owner wanted to keep more inventory on hand. The property was zoned C-2, General Business. The Petitioner requested that the 9' x 29' storage container be allowed to be directly behind the building on the property. The Petitioner would screen the container with a 10-foot high cedar fence. Code required that the maximum fence height be 8 feet in G2 zoning; therefore, this would be in violation of the code. A 9-foot storage container would then be visible from beyond the fence at an 8-foot height. He said Wal-Mart had the same problem and built something using the same materials as the building. He said cedar fence material would not be adequate screening material, not only in terms of consistency but because it did require maintenance over time. Mr. Hickok said the storage container would be highly visible from University Avenue, which could potentially diminish the character of the University Avenue corridor. He said they felt that approval of this special use permit would set a precedent. It would also cause problems with parking and delivery. They received a letter from the owner of Perkins who is not in favor of this request. He said alternatives to outdoor storage do exist. Mr. Hickok said the Planning Commission held a hearing on December 18. They unanimously recommended denial of the special use permit request due to the lack of architectural compatibility of the screening materials, disruption of the path and circulation: around the building, the impact on neighboring properties, the elimination of parking and the diminution of the image of the building along the corridor. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2003 PAGE 7 Councilmember Bolkcom stated she noticed from reading the Planning Commission minutes that Mr. Kaasa was not at the Planning Commission meeting and was not present at tonight's meetinQ. She asked if he was aware that this was an agenda item. Mr. Hickok replied that he was. Mr. Kaasa called before the Planning Commission meeting and after the Planning Commission. His position appeared to be that since staff recommended denial, the Planning Commission and Council would not approve it. Councilmember Bolkcom asked Mr. Hickok if he had a copy of the letter from the owner of Perkins. Mr. Hickok stated that he would provide a copy. Councilmember Bolkcom stated she drove by the business. She thought the space was tight behind the building and that it would also set a precedent. She said that unfortunately the petitioner was not at the meeting to eaplain his situation Mr. Hickok said the owner of Perkins Restaurant of Perkins did call them before the Planning Commission meeting and also left the letter. Mayor Lund said he concurred with Councilmember Bolkcom. MOTION by Councilmember Bolkcom to recommend denial of Special Use Permit Request, SP #02, by Greg Kaa.sa of Thorne Bros. Custom Rod and Tackle. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. 2003 CITY OF FRIDLEY CITY COUNCIL AND STAFF APPOINTMENTS. Councilmember Billings requested that with respect to the Northstar Corridor Development Authority, he become the alternate and Councilmember Barnette becoine the designated representative. Councilmember Barnette agreed to this request. MOTION by Councilmember Billings to adopt the 2003 City Council and Staff Appointments as amended. Seconded by Councilmember Bolkcom. 12. INFORMAL STATUS REPORTS. Dr. Burns stated there would be a joint Council and Housing and Redevelopment meeting on Thursday, January 9 at 6:00 p.m. Mayor Lund wished everyone a Happy New Year. FRIDLEY CITY COUNCIL �iEETING OF JANUARY 6, 2003 PAGE 8 Councilmember Wolfe stated there would be a gymnastics meet at Fridley High School on Tuesday, January 7, at 6:30 p.m. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE _ JANUARY 6, 2003, CITY COUNCIL NIEETING ADJOURNED AT 8:28 P.M. Respectfully submitted, Denise M. Letendre Recording Secretary Scott J. Lund Mayor c 0 c � � ar�r oF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 27, 2003 January 21, 2003 Wiiliam Burns, City Manage r � �,�''r From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-01, Thomas Sutherland M-03-15 INTRODUCTION Thomas Sutherland is seeking a special use permit to atlow the construction of an 896 square foot accessory structure in the rear yard of his residence at 5850 7`h Street. PLANNING COMMISSION RECOMMENDATION At the January 15, 2003, Planning Commission meeting, a public hearing was held for SP #03-01. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-01, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall install Code required hard surface driveway within 12 months of issuance of a building permit. 2. Petitioner shall obtain all necessary permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with a complementary siding and color scheme. 1 City of Fridley Land Use Application SP #03-01 January 15, 2003 GENERAL INFORNIATION SPECIAL, L�iFOItiVIr1TION Applicant: Thomas Sutherland 5850 7`h Street NE Fridley MN 5�432 Requested Action: Special Use Pemut to allow a second accessory structure over 240 square feet. Exisstinng Zoning: R 1 (Single Family Residential) Location: 5850 7`'' Street Size: 10,12� sq. ft. .23 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Sa�gle Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(1) requires a special use pernut to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1956 — Lot is platted. 1958 — Home and Garage are built. Legal Description of Property: Lot 3, Block 6, Bonny Addition Public Utilities: Home is connected. Transportation: 7`h Street would provide access to the proposed garage. Physical Characteristics: Typical suburban landscaping. SUVIivIARY OF PROJECT The peritioner, Mr. Sutherland is seeking a special use pemut to allow the construction of an 896 square foot accessory building in the rear yard of his property. SUNIiVIARY OF ANALYSIS City Staff recommends approval of this special a�se permit, with stipulations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided the total square footage of all accessory buildings doesn't exceed 1,400 square feet. The current one-stall garage is 297 square feet and the proposed accessory structure is 896 square feet. The total of all accessory buildings, existing and proposed is 1,193 square feet. CITY COUNCIL ACTION/ 60 DAY DATE Ciry Council — January 27, 2003 60 Day — February 9, 2003 (Location of Proposed Garage) Staff Report Prepared by: Stacy Stromberg SP #03-01 REQUEST The petitioner, Thomas Sutherland is seeking a speciai use permit to al�ow the construction of an 896 square foot second accessory building in the rear yard of his property located at 5850 7t" Street. The building will be used for vehicle parking and storage. ANALYSIS The property is located on 7�h Street, north of 57`h Avenue, with the home being "squared up" to and fronting on 7�h Street. The existing home and single stall garage were built in 1958. Existing home and attached garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing one stall garage is 297 square feet and the proposed accessory structure is 896 square feet. The total square footage of the existing garage and the proposed accessory structure are a total of 1,193 square feet, which is 207 square feet less than the total allowed by Code. The existing shed in the rear yard of the property will be removed upon approval of this special use permit. The proposed accessory structure will be accessed off of 7`h Street and will require an additional curb cut. The City's engineering staff has reviewed the proposed accessory structure location and has approved the additional curb cut. City Code requires that all driveways and parking stalls be set back three (3) feet from any property line except as agreed to in writing by adjacent property owners and filed with the 3 City. The petitioner plans to construct the proposed driveway right up to the south property line. He has submitted a signed letter from the adjoining property owner, authorizing the placement of the proposed driveway to the property line. The proposed garage location meets all setbacks and lot coverage requirements. City staff hasn't received any comments from neighboring property owners. Proposed Garage �ocation �n Rea� r a� � �� r�� , RECOMMENDATIONS . City Statf recommends approval as second accessory structures are permitted under special use permit in the R-1 Single Family District. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall install Code required hard surface driveway within 12 months of issuance of the building permit. 2. Petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. � L CfTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 27, 2003 Date: January 21, 2003 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-02, Nedegaard Construction Company M-03-16 INTRODUCTION Nedegaard Construction Company is seeking a special use permit to allow the construction of a 561 square foot accessory structure attached to the home proposed for 1305 53`� Avenue. City Code requires a special use permit to allow second accessory buildings, other than the first accessory building, over 240 square feet. Typically, these requests involve a property owner who wishes to construct an additional detached garage in the rear yard. In this particular instance, both of the garages are attached to the home. The main garage is proposed to be a 600 square foot garage facing on 53nd Avenue. The p�oposed second accessory structure is a 561 square foot RV storage garage facing on Fillmore Street. PLANNING COMMISSION RECOMMENDATION At the January 15, 2003, Planning Commission meeting, a public hearing was held for SP #03-02. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-02, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. � STIPULATIONS 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 2. During construction, silt fencing shall be used where applicable and streets cleaned as needed. 3. Petitioner to pay $1,500 park dedication fee prior to issuance of building permits. - 4. At British Petroleum's (BP) request, petitioner shall agree to not build closer than 25 feet from the centerline of the BP Pipeline on this lot. , 5. No soil can be removed from over the BP Pipeline that results in a depth of less and 3 feet. 6. Utilities crossing the BP Pipeline must be located below it and have a minimum clearance of 12 inches between structures. 7. As the Zoning Code requires, the garage may not extend more than 5 feet in front of a home, petitioner shall bring the home design into compliance_prior to issuance of any building permits. 8. As second accessory structures with doors opening onto a side street are required by Zoning Code to be setback 25 feet from the property line, the home must be relocated on the lot or otherwise brought into compliance prior to the issuance of any building permits. � City of Fridley Land Use Application SP #03-02 January 15, 2003 GENERAL INFORiVIATION SPECL-�L LIIFORIVIATION Applicant: Nedegaard Construcrion Company 4200 Central Avenue NE Columbia Heights MN 55421 Requested Action: Special Use Permit to allow a second accessory structure over 240 square feet. Existing Zoning: R-1 (Single Family Residential) Locarion: 1305 53`d Avenue Size: 9,049 sq. ft. .21 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 Conformance: Sec. 205.07.1.C.(1) requires a special use pernut to allow accessory buildings other than the fust accessory building, over 240 square feet. Zoning History: 2001— Lot is platted. Legal Description of Property: Lot 4, Block 1, Skywood Manor Public Utilities: Utiliries are located in the street. Transportation: Fillmore Street would provide access to the proposed 2"d garage. Physical Characteristics: No landscape in place, steep hill. SUMiVIARY OF PROJECT The petitioner, Nedegaard Construction, is seeking a special use pemut to allow the construction of a 561 square foot accessory structure attached to the home. SUNLVIARY OF Ai�iALYSIS Citv Staff recommends approval of this special zsse permit, with stipiclations. Second accessory buildings over 240 square feet are a pemutted special use in the R-1 zoning district, provided the total square footage of all accessory buildings doesn't eYCeed 1,400 squaze feet. The main garage is proposed to be 600 square feet and the proposed accessory structure is 561 square feet. The total of all accessory buildings is proposed to be 1,161 square feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 27, 2003 60 Day — February 9, 2003 (Location of Proposed Home) Staff Report Prepared by: Stacy Stromberg & Paul Bolin SP #03-02 RE UEST The peritioner, Nedegaard Construction, is seeking a special use permit to allow the construction of a 561 square foot accessory structure attached to the home proposed for 1305 53"' Avenue. ANALYSIS The property is zoned R-1, single family and is located at the intersecrion of 53`d Avenue and Fillmore Street. The property was platted in 2001 and new homes have been constructed on two neighborin; properties. The proposed home will front onto �3`d. The proposed accessory structure (RV garage) will open and front onto Fillmore. City Zoning Code requires a special use pemut to allow second accessory buildings, other than the first accessory building, over 240 square feet. Typically, these requests involve a property owner who wishes.to construct an additional detached garage in the rear yard. In this particular instance, both of the garages are attached to the home. The main garage is proposed to be a 600 square foot garage facing on 53rd Avenue. The proposed second accessory structure is a 561 square foot RV storage garage facing on Filimore Street. Proposed Home Location : RECOMMENDATIONS Ciry Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet aze a pennitted special use in the R-1 zoning district, provided the total square footage of all accessory buildings doesn't exceed 1,400 square feet. The main garage is proposed to be 600 square feet and the proposed accessory structure is 561 square feet. The total of all accessory buildings is proposed to be 1,161square feet. STIPULATIONS 1. Grading and drainage plan to be approved by Cify's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 2. During construction, silt fencing shall be used where applicable and streets cleaned as needed. 3. Petitioner to pay $1, 500 park fee dedication prior to issuance of building permits. 4. At British Petroleum's request, petitioner shall agree to not build closer than 25 ft from the centerline of the BP Pipeline on this lot. 5. No soil can be removed from over the BP Pipeline that results in a depth of less than 3 feet. 6. Utilities crossing the BP Pipeline must be located below it and have a minimum clearance of 12 inches between structures. 7. As the Zoning Code requires, the garage may not extend more than 5' in front of a home, petitioner shall bring the home design into compliance prior to the issuance of any building permits. 8. As second accessory structures with doors opening onto a side street are required by Zoning Code to be setback 25' from the property line, the home must be re-located on the lot, or otherwise brought into compliance prior to the issuance of any building permits. 0 MEI� �zNA.lvc� n�P.�TME�rr crr� oF ��.�� .v"a�[ 1i \�iJ CJ k11 � .- � CRYOF ERlDIFY �N TO: WILLIAM W. BURNS, CITY MANAGER � FROM: RICHARD PRIBYL, FINANCE DIRECTOR R.ICH FI.NA SUBJECT: RESOI.UTiON AUTHORIZING AMENDMENT OF l.OAN AGREEMENT EXECUTED 1N CONNECTION WITH ISSUANCE OF BONDS Date: January 23, 2003 .�D �. PR�B�'L ,"E DfREGTElR ';. The attached resolution comes before you as a result of the pending sale of the property _ known as the "Fridley Business Piaza Limited Partnership". In connection with the sale, Har- Mar, Incorporated will assume from Fridley Business Plaza Limited Partnership the obligation to repay the Bonds. The current owner now leases to businesses such as the Billiard Street Cafe. A few of you may recall this property was built with the use of Industrial Revenue Development Bonds back in the 1980's. This debt is similar to the debt issuances that have been before the City Council in the past that are known as "conduit financing°. The sa(e of this property is scheduled for closing in late February and a number of transactions must take place before that. The property will now be under the ownership and control of Har-Mar Incorporated. This is a business out of South St. Paul. We have been told, by the new owner that they wifl be continuing the existing leases and do not intend on changing the nature of the tenant mix or operations of the building. The original bond was refinanced in 2001 and now must be modified due to the sale of the building. The attached resolution is part of the transfer of ownership and has the affect of assigning all of the obligations in accordance with the existing bond issue. The bonds are currently secured by a Letter of C�edit issued by National Bank of Canada. After the proposed assignment, the bonds will continue to be secured by a Letter of Credit issued by Wells Fargo Bank National Association. The amendment was drafted by, Mr. Steve Mayeron, from the firm of Leonard, Street and Deinard. Mr. James O'Meara has acted as our "Issuers Counsel" and has reviewed and made the necessary corrections to the documents. Staff is recommending the approval of the resolution. 10 RESOLLJTION NO. , 2003 OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA AUTHORIZING AitiIENDMENT OF LOAN AGREEMENT EXECUTED IN CONNECTION WITH ISSUANCE OF BONDS WHEREAS, the Ciry of Fridley, Minnesota (the "City") has issued its �2,575,000 Variable Rate Deinand Revenue Refunding Bonds, Series 2001 (Fridley Business Plaza Limited Partnership ' Project) (the "Bonds") and loaned the proceeds of the Bonds to Fridley Business Plaza Limited Partnership (the "Borrower") pursuant to a Loan Agreement dated as af September 1, 2401 - between the City and the Borrower (the "Loan AgreemenY'); and 0 WHEREAS, the Borrower used the proceeds of the Bonds to refinance the commercial facility located at 7110-7190 University Avenue North in Fridley (the "Project"); and WHEREAS, the Bonower has requested that the City approve an execute an Amendment to Loan Agreement; _ _ _ . NOW, THEREFORE, be it resolved by the Ciry Council of the City of Fridley as follows: The Amendment to Loan Agreement (the "Amendment"), the form of which has been submitted to the City, is hereby authorized to be executed by the Mayor and the City Manager in their discretion, at such time (if any) as they may deem appropriate; provided that the Amendment shall incorporate the comments made on behalf of the Ciy by Briggs and Morgan, and all legal and other expenses of the City related to the Amendment shall have been paid by the Bonower. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 2003. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK z29�o� i �i 1 Amendmcrn to Loan Agreement 11 AMENDMENT TO LOAN AGREEMENT THIS AvtENDMENT TO LOAN AGREEMENT (this "Ainendment") is made as of February , 2003 between the CITY OF FRIDLEY, MINNESOTA, a municipal corporation and political subdivision of the State of Minnesota (the "Issuer") and FRIDLEY BUSINESS PLAZA LIMITED PARTNERSHIP, a Minnesota lunited partnership (the `Borrower") with the consent of NATIONAL BANK OF CANADA, actin� through its New York Branch (the "Bank") and U.S. Bank National Association (formerly U.S. Bank Trust National Association), a national bankulg association (the "Tnistee"). RECITALS: A. The Issuer and the Borrower have entered into a Loan Agreement dated as of September 1, 2001 (the "Loan Agreement") pursuant to which the Issuer has made a loan to the Borrower of the proceeds from the sale of the Issuer's Variable Rate Demand Revenue Refunding Bonds, Series 2001 (Fridley Business Plaza Limited Partnership) (the "Bonds"). B. The Bonds were issued pursuant to a Trust Indenture between the Issuer and the Trustee dated as of September 1, 2�01 (the "Indenture"j and are secured by an irrevocable letter of credit issued by the Bank. C. Pursuant to the Loan Agreement, the Bonower agreed to apply the proceeds of the Bonds to refund certain prior bonds issued by the Issuer, the proceeds of which had been loaned to the Borrower to finance or refinance the acquisition and construction of an approximately 58,OU0 square foot commereial facility located at 7110-7190 University Avenue North in Fridley, Minnesota (the "Project"). , D. The Loan Agreement prohibits assignment of the Borrower's obligations under the Loan Agreement. E. The Borrower wishes to sell the Project and assign its obligations under the Loan Agreement to the buyer of the Project and the Issuer desires to permit such assignment. F. Pursuant to Article l5 of the Indenture and Section 8.05 of the Loan Agreement, the L,�an Agreement, includin� provisions related to assignment of the Borrower's obligations under the Loan Agreement, may be amended with the consent of the Trustee, the Bank and the Holders of the requisite percentage of the principal amount of the Outstanding Bonds. NOW, THEREFORE, the Issuer and the Borrower agree as follows: l. Amendment to Section 4.11. Section 4.11 of the Loan Agreement is amended such that the following sentence is added to the end of such Section: Any Altemate Letter of Credit delivered pursuant to this Section 4.11 must be accoinpanied by an Opinion of Bond Counsel statul� that delivery of the Alternate Letter of Credit does not adversely affect the tax exempt status of the Bonds. 22970U vl 2 Amendmcrtt to Loan Agreement 12 0 Z. Definition There is hereby added to Section 1.01 of the Loan Agreement the following definition, and the definition of `Bond Counsel" in Section 1.01 of the Indenture is hereby ainended to read as follows: "Bond Counsel" means Leonard, Street and Deinard, Professional Association, or any other lawyer or firm of lawyers experienced in matters of public finance and acceptable to the Tru.stee. 3. Amendment to Section 6.1 l. Section 6.11 of the Loan Agreement is amended to read in its entirety as follows: Section 6.11 AssiQnments. The Borrower consents to the pledge and assignment of the Loan Repayments and other interests of the Issuer in this Loan Agreement by the Issuer to the Trustee as provided in the Indenture. Fund.s and investrnents in the Accounts maintained under the Indenture and the Trust Estate aze trust funds not subject to assignment by the Borrower or execution, attachment, or garnishment by any creditor of the Borrower. The Borrower may assign its interests and obliaations under this Loan Agreement but only upon (i) the Trustee being provided a written Opinion of Bond Counsel stati.ng that such assignment does not affect the tax exempt status of the Bonds and (u) the assignee assuming in writing all obligations of the Borrower under the Loan Agreement and the filing of such written assumption with Issuer, Trustee and Bank. Upon satisfaction of each of the conditions described in clauses (i) and (ii) of the preceding sentence, the Borrower making such assignment shall be released from all further obligations under the Loan Agreement. 4. No Waiver. No provision of this Amendment is intended, or shall be construed, to be a waiver by the Issuer of any rights or remedies that Issuer may have under the Loan Agreement, as amended hereby, that may have occurred before or may occur after the date of this Amendment. z29�o� i �i [remainder of page left blank] 3 Amendment to Loan Age�ement 13 IN WINESS WHEREOF, the parties have caused this Amendment to be executed as of the date first above written. CITY OF FRIDLEY, MINNESOTA Bv Its Mayor By Its City Mana�er z29�o� i �i 4 Amendmeirt to Loan Agrec,�rnent 14 z29�oi i �i 15 FRIDLEY BUSINESS PLAZA LIMITED PARTNERSHIP By Valhalla Investments, Inc., a Minnesota corporation, its general partner By Richard V. Martens, Its President Amendmcrtt to Loan Agreement This Amendment is consented to by: U.S. Bank National Association, a national banking association, as Trustee By Its zav�o> > �i 6 Amendmem to Loan Agreement 16 � The undersi�ned represents that as of the date of the foregoing Amendment it is the Bank which has issued the letter of credit which secures payment of the Bonds and the undersigned hereby consents to the Amendment. NATIONAL BANK OF CANADA, acting through its New York branch By Its z29�o> > �i � Amrndmcrn to Loan Agre�ement 17 The undersigned, being the beneficial owners of 100% of the outstanding Bonds hereby consent to the Amendment. Bondholder: : Its: z29�oi � �i 8 1� Amendmcrn to Loan Agreement � � GTY 4F FRIDLEY TO: FROM DATE: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 27, 2003 William W. Burns, Ciry Manager�i�,�� Jon �C�kaas, Public Works Director January 9, 2003 SUBJECT: Street Improvement (Sealcoat) Project No. ST 2003 — 10 PW03-010 The attached resolution authorizes the advertisement for bids for the 2003 — 10 sealcoat project. Due to budget concerns, the 8-year sealcoat zone cycle was replaced with a 12-year sealcoat zone cycle. For 2003 we propose to do sealcoating program area 6, generally located in the central part of Fridley. In the 2003 budget $100,000 funds are available. Recommend the Ciry Council adopt the attached resolution authorizing the advertisement for bids for the 2003 Street Improvement Project (Sealcoat) Project No. 2003 — 10. JHH:cz Attachment 0 19 0 RESOLUTION NO. - 2003 ----------. _. ___ A RESOLUTION ORDERING I1�ROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING -ADVERTISEZ�NT FOR BZDS: STREET IMPROVEb�NT (SEALCOAT) PROJECT NO. ST. 2003 - 10 WHEREAS, the City Council of the City of Fridley has established a policy of Sealcoating the City streets on a regular basis, WHEREAS, the Director of Public Works has submitted a plan showing the streets in need of sealcoating, - NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, , Anoka County, Minnesota, as follows: l. That the streets recommended for sealcoating by the Public Works Department be sealcoated, and the work involved in said improvement shall hereafter be designated as: STREET IMPROVEMENT PROJECT NO. ST. 2003 - 10 2. The plans and specifications prepared by the Public Works Department for such improvement and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under Street Improvement Project No. St. 2003 - 10 be performed under one contract. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at 10:00 a.m. on Wednesday, February 26, 2003, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Director of Public Works and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (5$) of the amount of such bid. That the advertisement for bids for STREET IMPROVEMENT PROJECT NO. 2003 - 10 shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF JANUARY 2003. - ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR ZD 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 2003 City of Fridiey AS of 4/30/02 State of Minnesota Streets Capital Improvements 2002 Beginning Balance Revenues Funds Available Interest Income One time transfer from Closed Debt Service Fund Total Revenues Proiects 2002 Street Reconstruction Program Ward 3 Contract Budget Cost = MSA Reimburse = Special Assessment = Stormwater Transfer = 2002 Sealcoat Program (Area 5) '"' Signal Painting Project Contract Budget Cost = MSA Reimburse = Reconstruct 57th East of Univ to 7th St {200,000) Total Projects Ending Balance ' New Project or Equipment " Relocated Project or Equipment "'" State AidConst Fund From Milage Available 2003 Beginning Balance Revenues Interest Income Funds Available Proiects 2003 Street Reconstruction Program Ward 1 Contract Budget Cost = MSA Reimburse = Special Assessment = Stormwater Transfer = 2003 Seaicoat Program (Area 6) Biking/Walkway 7th St (61st to 53rd) Total Projects Ending Balance 21 $ 600,000 (335,000) (125,000) 100 000 S 1,233,600 61,680 2 800.000 $2,861,680 4,095,280 40,000 100,000 0 $ 55,000 (55,000) HRA 0 $140,000 S 3,955,280 � S 3,955,280 197.764 4,153,04t 50,000 $ 600,000 (325,000) (125,000) 100 000 . 100,000 42,000 $192,000 5 3,961,044 � � C1TY OF FRIDLEY TO: FROM: DATE: SUBJECT: � AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 27, 2003 William W. Burns, City Manager� �,i� +�1' � Jon . Haukaas, Public Works Director January 15, 2003 Miscellaneous Concrete Repair Project No. 351 PW03-014 Attached is a resolution ordering advertisement for bids for the 2003 Miscellaneous Concrete Repair Project No. 351. This resolution is provided for execution by the Ciry as mandated by State law. This project covers remedial sidewalk, pavement and curb repair and replacement in the Ciry whether due to utility repairs or driveway entrance permits. Recommend the City Council adopt the attached resolution ordering advertisement for bid for the 2003 Miscellaneous Concrete Repair Project No. 351. JHH:cz Attachment 22 � RESOLUTION NO. - 2003 RESOLUTION ORDERING ADVERTISEIr�NT FOR BIDS: 2003 - MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 351 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follows: . l. That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as required: ' Miscellaneous Concrete Repair. 2. The plans and specifications prepared by the Director of Public Works for such improvements are hereby_approved and shall be filed with the City Clerk. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisements hall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 10:00 AM Wednesday, March 5, 2003, and that no bids will be considered unless sealed and filed with the Director of Public Works. That the advertisement for bids for 2003 Miscellaneous Concrete Repair Project No. 351 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF JANUARY 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK n 23 SCOTT J. LUND, MAYOR 0 / � CXTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 27, 2003 William W. Burns, City Manager � �,•� � Jon Haukaas, Public Works Director January 23, 2003 Award of Water System Study PW03-017 On November 19, 2002, we sent out a request to four firms for proposals on mod�cations to our water system. Specifically we were looking for three things: options to expand the high pressure zone in the southeast corner of Fridley to the nor[h across I-694, an evaluation of the Marian Hills reservoir, and a computer model of our entire system. The four firms contacted were H. R. Green, SEH, Bonestroo, Rosene, Anderlik & Associates, and Progressive Consulting Engineers. All four firms felt the computer modeling should be done first to better understand the system and our needs. The second work item should be the evaluation of the Marion Hills reservoir. This reservoir was originally constructed in 1956 and has been relined twice, each time adding only 10-15 years to its usable life. The expansion of the high pressure zone was thought to be done last to take into account the results of the modeling and tank recommendations. As a result of these proposals and discussions with each firm, we would like to award only the system modeling and Marian Hills reservoir evaluation at this time. We feel the results of these two pieces will give us a better understanding of the need and options for the high pressure zone expansion prior to moving forward with that phase. We feel the proposal from Bonestroo, Rosene, Anderlik & Associates (�RAA) had the best understanding_ of our needs and .the most thought put into their preliminary investigation. They included some thoughts on costs for the tank rehabilitation and pros and cons for different ways to expand the high pressure zone. The project manager for BRAA, Mr. Thomas Roushar, has a lot of experience with Fridley's system, including almost every major water system project we have done for the past 13 years. BRAA has also of�'ered not to exceed billing for each phase of the project. They have offered a cost of �22,000 to develop the system model and $10,000 to evaluate the Marion Hills reservoir. The 2003 budget has $150,000 budgeted for a study and construction related to this project. Recommend the City Council award the project to model the City of Fridley's water system and evaluate options for rehabilitation or replacement of the Marian Hills reservoir to Bonestroo, Rosene, Anderlik & Associates of St. Paul, MN, for a not-to-exceed eost of $32,000. JHH:cz 24 � � CRY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA IT��A CITY COUNCIL MEETING OF January 27, 2003 William W. Burns, City Manager �� Jon H. Haukaas, Public Works Director Layne Ot�e�n, Assistant Public Works Director ✓�, January 22, 2003 Change Order No. 1 to 57`� Avenue Sanitary Sewer Improvement Project No. 346 PW03-016 The attached Change Order No. 1 to 57`h Ave Sanitary Sewer Improvement No. 346 is for necessary additional work identified during construction. This Change order adjusts the quantities to reflect actual work. The total cost for additional work was $4,030.00, which is a 1.5% increase in the project. 1. Replace Corporation Taps to Plug Unused Water Services Several extra unused water services on the north side of 57`h Avenue needed to be removed but could not be properly located because they were not connected to any homes. These services were, therefore, only found during excavation for the sanitary line which can damage the water service connection to the main. We negotiated with the contractor to replace these connections with a plug to prevent future problems at a cost of $150.00 each. Net cost of this item is $900.00. • 2. F&I Manhole Casting - During excavation, 2 manholes were found buried under the pavement. Neither manhole had been raised after the last reconstruction of 57`h Avenue. Both manholes required castings to be - placed. Unit price was determined using the bid price. Net cost of this item is $830.00. � January 22, 2003 PW03-016 Page 2 3. Adjust Existing Gate Valve The pavement replacement was extended farther down the adjacent streets than was anticipated. This resulted in adjusting 2 additional gate valves. Unit price was determined using the bid price. Net cost of this item is $400.00. 4. Adjust Frame, Ring, and Casting During excavation, 2 manholes were found buried under the pavement. Both manholes required frame, ring, and casting to be adjusted. Unit price was determined using the bid price. Net cost of this item is $400.00. 5. Replace inoperable 6" gate valve The water department identified a gate valve that was not functioning properly and requested that it be replaced. Unit price was determined using the bid price. Net cost of this item is $1,600.00. Total net cost of Change Order No. 1 is $4,030.00 for a revised contract amount of $263,797.92. Recommend the City Council approve Change Order No. 1 to Park Construction, Inc. for 57`� Ave. Sanitary Sewer Improvement Project No. 346. LO/JHH:cz Attachment 26 0 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 iJr1IVERSITY AVENUE N.E. FRIDLEY, MN 55432 January 22, 2003 Park Construction Company 7900 Beech Street NE Minneapolis MN 55432-1795 SUBJECT: Change Order No. 1, 57th Avenue Sanitary Sewer Improvement Project No. 346 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 57th Avenue Sanitary Sewer Improvement Project No. 346 by adding the following work: Addition: Item 1 Replace existing corporation stops to prevent future leak 2 F&I manhole casting 3 Adjust existing gate valve 4 Adjust frame, ring and casting 5 Replace inoperable 6" gate valve TOTAL CHANGE ORDERS: Original Contract Amount Contract Deducrions - CO No. 1 I � REVISED CONTRACT AMOUNT Quantity Unit Unit Cost 6 LS 2 EA 2 EA 2 EA 2 EA TOTAL 27 150.00 415.00 200.00 200.00 750.00 Total Cost 900.00 830.00 400.00 400.00 1,500.00 4,030.00 259,767.92 4,030.00 $263,797.92 Park Construction Company Change Order No. 2 January 22, 2003 Page 2 Submitted and approved by Jon H. Haukaas, Public Works Director, on the 22nd day of January, 2003. Prepared by Checked by Jon H. Haukaas, P.E. Director of Public Works Approved and accepted this day of , 2003 by PARK CONSTRUCTION COMPANY Contractor's Representative Approved and accepted this day of , 2003 by CITY OF FRIDLEY . Scott J. Lund, Mayor William W. Burns, City Manager Approved and accepted this day of , 2003 by Metro Division Assistant State Aid Engineer �;� � � CRY OF FRIDIEY TO: FROM: � DATE: SUBJECT: 0 AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 27, 2003 � William W. Burns, City Manager �!1, < �< � Jon H�Taukaas, Public Works Director January 8, 2003 2003 TriCity GIS Contract PW03-009 Attached is the 2003 TriCity GIS contract with PlanSight LLC. The only change from last year is a three percent (3%) cost of living increase added to the contract. Recommend the City Council approve the contract with P1anSight LLC. Upon approval by the three involved City Councils, original contracts will be circulated for proper signature. JHH:cz Attachment 29 0 CONSULTING SERVICES AGREEMENT This Contract is made and entered into between the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri-City" and P1anSight LLC., Suite 2D, 2179 Fourth Street, White Bear Lake, Minnesota, 55110, hereinafter "Contractor". WHEREAS, Tri-City requires services to be provided for the staffing of a GIS Range Rider to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. TERM 1.1 Term. The term of this Contract shall be from January 1, 2003 to and including December 31, 2003 unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR'S OBLIGATIONS 2.1 General Description. Contractor shall provide the following services generally described as: Sixty-Siac and Two-Thirds weeks (Person Hour Equivalents) of full time onsite GIS technical assistance to the communities of Fridley, Andover and Columbia Heights. The services will be in the form of one or more GIS Range Riders that would spend approximately 82 1 30 hours per month per city in Andover and Fridley, respectively, and approximately 54 hours per month in the City of Columbia Heights over the course of the Contract. 2.2 Conformance to Specification. Services provided shall meet or exceed the tasks outlined in the Tri- City GIS Technical Assistance Request for Proposal set out in Eachibit A which is attached hereto and incorporated herein by reference. 3. PAYMENT 3.1 Total Cost The total amount to be paid by Tri-City pursuant to this Contract shall be: $71,589.°—° (Andover-$26,846.°—°, Fridley-526,846.°—°, Columbia Heights- $17,897.°—� 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice and request for payment on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classificallon, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, � the dates of the performance period covered by the invoice. 3.3 Time of Payment. Tri-City shall make payment to Contractor within thirty-five (35) days of the date on which the invoice is received. If the invoice is incorrect, defective, or otherwise improper, Tri-City will notify 2 31 Contractor within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from Contractor, Tri-City will � make payment within thirty-five (35) days. 3.4 Payment of Unauthorized Claims. Tri-City may refuse to pay any claim which is not specifically authorized by this Contract Payment of a claim shall not preclude Tri-City from questioning the propriety of the claim. Tri-City reserves the right to offset any overpayment or disallowance of claim by reducing future payments. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulallons now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 4.2 Minnesota Law to Govern. This Contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. Contractor acknowledges and agrees that Contractor is not entitled 3 32 to receive any of the benefits received by Tri-City employees and is not eligible for workers' or unemployment compensation benefits. Contractor acknowledges and agrees that no withholding or deduction for State or Federal income taxes, FICA, FUTA, or otherwise, will be made form the payments due Contractor and that it is Contractor's sole obligation to comply with the applicable provisions of all Federal and State tax laws. 6. INDEMNIFICATION Any and all claims that arise or may arise on behalf of Contractor, its agents, servants or employees as a consequence of any act or omission on the part of Contractor or its agents, servants, employees while engaged in the performance of the Contract shall in no way be the obligation or responsibility of Tri-City. Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri-City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such 4 33 policy shall not be canceled by the issuing insurance company without at teast ten (10) days written notice to Tri-City of intent to cancel. 7.2 Covera�e. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence B) Workers' Compepsation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Cert�cates. Prior to or concurrent with egecution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance : with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments or immediately terminate this Contractor or failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above. 5 34 7.5 Non-waiver. Nothing in this Contract shall constitute a waiver by Tri-City of any statutory limits or exceptions on liability. 8. SUBCONTRACTING - Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the � � Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inabilit_y to perform. Contractor shall make every reasonabte effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to, or reasonably believes it is going to be unable to, provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Dut_y to Miti�ate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION 10.1 With or Without Cause. This Contract may be terminated, with or without cause, by Tri-City upon thirty (30) days written notice. 6 35 10.2 Notice of Default. Either party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the party in default fails to cure the specified circumstances as _ described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be authorized by the party giving notice, then the whole or any part of this Contract may be terminated by written notice. 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the authorized agent of the party. Notice of Termination is deemed effective upon delivery to the address of the party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination. P_ 11. CONTRACT RIGHTS/REMEDIES 11.1 Ri�hts Cumulative. All remedies available to either party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 36 � � 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri-city and contractor. 12. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract To Contractor: Jerry Happel P.O. Box 128 N5625 Nummela Road Rumely, MI 49826 Fn•dley: Director of Public Works City of Fridley 6431 University Avenue NE Fridley, NIN 55432 Andover: City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Columbia Hei�hts: Public Works Director City of Columbia Heights 637 - 38th Avenue NE Columbia Heights, MN 55421 8 37 13. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. 14. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not � affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invatid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 15. MERGER 15.1 Final A�reemen� This Contract is the final statement of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are not representations, warranties, or stipulations, either oral or written, not herein contained. n 9 � 38 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. CONTRACTOR TRI-CITY GIS ORGAI�TIZATION By: Title: Date: 10 39 By: _ Title: Date: By: _ Title: Date: By: _ Title: Date: 0 : AGENDA ITEM COUNCIL MEETING OF JANUARY 27, 2003 CffY OF FRIDLEY CLAIMS `i 09507 - 109806 40 0 r � t�TY OF FRIDLEY AGENDA ITEM CITY COVNCIL MEETING OF JANUARY 27, 2003 Type of License TOBACCO J& S Gas & Grocery, Inc 7298 Hwy 65 NE Fridley, MN 55432 TEMPORARY GAMBLING Fridley Historical Society 611 Mississippi St Fridley, MN 55432 FOOD J& S Gas & Grocery, Inc 7298 Hwy 65 NE Fridley, MN 55432 LICENSES :� Shranjit Singh Shranjit Singh Ben Thanh Oriental Grocery & Seafood 6566 University Ave NE Jennifer Nguyen Fridley, MN 55432 RETAIL GASOLINE J& S Gas & Grocery, Inc 7298 Hwy 65 NE Fridley, MN 55432 Shranjit Singh . MANAGERIAL LIQUOR DIPENSING Ground Round Caryn Kocker . 5277 Central Ave Ne Fridley, MN 55432 Approved By Public Safety Fire Inspector Community Development Public Safety City Clerk Public Safety Fire Inspector Community Development Public Saftey Fire Inspector Community Development Public Safety ' Fire Inspector Community Development Public Safety City Clerk PEDDLER, SOLICITOR OR TRANSIENT MERCHANT Meyer Bros Dairy John Wieser Public Safety 105 E Lake St Wayzata, MN 55345 m Fees $125 $25 $45 $45 $60 $10 $30 �- � � � � City of Fridle AGENDAITEM City Council Meeting Of Monday, January 27, 2003 � Electrical Durose Electric Inc 1124 Ferndale St N Ken Durose Maplewood MN 55119- Maverick Electric 190 Ryan Drive Nick Stelton Little Canada MN 55117- General Contractor-Commercial Multicare Associates 7675 Madison St Thomas Cone Fridley MN 55432- General Contractor-Residential Krizan Construction Inc (20266936) 12616 Central Ave NE Randy Krizan Blaine MN 55434 Lohse Dorothy R Contractor (20223773) 3920 Lakeland Ave N Dorothy Lohse Robbinsdale MN 55422- Tobin Dave Construction (7531 1776 Center Street Dave Tobin Centerville MN 5503& Heatin Changing Climates Inc 14642 Drake St Jay Holden Andover MN 55304- 42 Annroved Bv: State of MN State of MN Ron Julkowski Building Official State of MN State of MN State of MN Ron Julkowski Building Official . . DJ's Heating & AC 6060 LaBeaux Ave Albertville MN 55301- Northern Air Corp 75 So Owasso Blvd Little Canada MN 55117- Plumbina Artistic Plumbing Inc 6349 Quebec Ave N Brooklyn Park MN 55428- Circle Plumbing Inc 3882 Edith Lane Circle Pines Mn 55014- Oak Grove Mechanical Inc 7236 Oak Grove Blvd Richfield MN 55423- Westonka Mecha�ical Contractors Inc 6501 Co Rd 15 Mound MN 55364- � Thomas Weddel Terry Gaetke Larry Howell Tim Schneider Douglas Waller Jan Clark 43 Apnroved Bv: Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN / � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 27, 2003 ESTIMATES CM Construction Company Inc. 12215 Nicollet Avenue South Burnsville, NIN 55337 � Municipal Garage Expansion Project No. 343 EstimateNo. 2 ................................................... Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432 ................................. $ 81,049.25 57`� Avenue Sanitary Sewer Improvement Project No. 346 EstimateNo. 5 ......................................................................................... $ 6,955.09 � .. '� � 0 � ` AGENDA ITEM CITY COUNCIL MEETING JANUARY 27, 2003 CITY OF fRIDLEY Date: January 22, 2002 To: William Burns, City Manager +�1 1K�,. From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Sign Ordinance Amendment — Pertaining to Automatic Changeable Signs M-03-17 INTRODUCTION Due to a recent court ruling, in which a portion of the Fridley Sign Code was declared unconstitutional, staff is recommending the proposed amendment be approved to bring the Fridley sign code into compliance with the US Constitution. The current Sign Code requires that messages not change more than once every 15 minutes, except for a sign displaying time, temperature, and/or date. The City may regulate how often messages change; however, by exempting time, temperature, and date from the requirement, the court determined we are, in essence, regulating content. Content-based regulation of signs has been ruled unconstitutional. Anoka County District Court Judge Kammeyer ruled that, "Admitted/y the .15 minute timing regulation does not regu/ate the actual confent of the message. But, while it is true that the 15-minute timing regulation regulates only the frequency of change in the message, that regulation varies depending on the content of the message....Therefore, Sign Code 214.07.1 (the 15 minute provision) is a content-based regu/ation". The attached zoning text amendment would remove all content-based regulation of electronic reader board signs by requiring that ALL messages not change more than once every 45 seconds. There is no longer a time exemption for messages displaying only time, temperature, and/or date. PLANNING STAFF RECOMMENDATION Staff recommends Council hold the public hearing for the proposed zoning text amendment. 45 Ordinance No. AN ORDINANCE AMEN-DING CHAPTER 214 OF THE FRIDLEY CITY CODE PERTAINING TO AUTOMATIC CHANGEABLE SIGNS. THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER REVIEW, EXAMINATION AND STAFF RECOMMENDATION THAT CHAPTER 214, SIGNS OF THE FRIDLEY CITY CODE BE AMENDED AS FOLLOWS: Section 214.07 SIGNS PERMITTED WITH A SPECIAL USE PERMIT 1. Automatic changeable si�s are permitted in all districts except residential districts, and then only afrer the issuance of a special use permit subject to the following minimum conditions: (A) Conformance to the sign requirements within that district. (B) The message shall not change more than once every ��°°^ "" "';"�'�°° fortv-five (45) seconds e�s�e�-€e� a s}g-� ��s�}aT��g��e, *°^,^°��.�°, ^^`'��` c�e- PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2003. A TTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: . � SCOTT J. LUND - MAYOR 0 0 .�` ` r` Fk ..' l� r� �; �>> i�,� C o[,�� v�� CH�►.MBER of Commerce �[arch ? l. 2002 Ann Bolkcom Fridle�� Cit�� Council 6�431 L�niversit�� Avenue NE Fridle��. �[�i ��432 Dear �nn. On behalf of the membership as a. «hole of the Southern :�noka Coun[�� Chamber of Commerce. �tie �ti�ould like to readdress the issue of the electronic si�n ordinance. Lasi Julv, a letter ��-a.s sent to all cir,� council members, the cit�- manager, and the ma��or re�arding our stanc:, on the issue of electronic signagz. �lembers of the chamber w�ould like to reiterate that we aze very much in support of allowing electronic sigis that aze able to change their message more frequently than the cunent ordinance. There are manv reasons that �ti-e feel this change �could be in the best interest of the business communitv. Some of these reasons arel • Currently, Fridley businesses are at a competitive disadvantage with the current ordinance. With the surrounding communities of Spring Lake Park i�founds Vie�v, and Columbia Heights allowing these signs, �ve risk losing these businesses to those communities, or w�e risk the fact that new- businesses �ti�ilt not choose to operate within the city of Fridley. [f you were a business oevner, and wanted to effectively market your services and specials to the local communitv, vou mav choose to do that with an electronic sign. You would not be able to do so under the current ordinance. ■ Business competition is stronger than ever, and we need to allow our businesses to advertise themselves effectivel�� so our local sector remains strong. • The �urrent ordinance is antiquated and nee�'s to kEep up tivith cureni ►echnology ■ The electronic signage «�ould add to the beautification, not distract from it. Some of the current signs in the city are hard to read and look outdated. This change would allow those businesses that choose to update their sign that option. ■ Although the immediate change in the ordinance may only affect a couple of local businesses, eventually it may affect additional businesses. Still, by changing the ordinance we would then keep these businesses operating within the City of Fridley. • • The electronic signs are perfectly safe and aze used by the Department of Motor Vehicles, Metro Transit Bus System and many other cities. Finally, we realize that the city� has been under a lot of pressure from one individual in particular, but w-e urge you to make your decision on what is best for the community as a whole. Our city needs to be lrnown as "business friendly" as well as "community friendly". After all, the business community makes up a good portion of our communitv. On behalf of the chamber, ��-e only ask that vou consider all the options, and if your decision is to keep the outdated ordinance, please gi��e us all of ��our reasons, so we ma�- deliver that message to our other chamber members. Thank ��ou for your time and consideration, and I look fonvard to hearing from ��ou soon. / :� S � �,�re3�, �/� t � ^ ,• i.��'v1 J�� 1 � � ` �ia%a non L. Me��er President (?�0 Eait ,Lloor: Lake Drive, Suite C• Fridlty, rifinnesota 55432 • 7G3-57i-9781 • FaY 763-572-%950 • r-m�til.• 1nfoC"�saccc.o�g : AGE1�� ITEM CITY COU�lCIL MEETII�IG OF JANUARY 27, 2003 CRY OF ' FRIDLEY TO: William W. Burns, Ci Mana er �� ty g � , FROM: Jon . Haukaas, Public Works Dir�ctor DATE: January 22, 2003 SUBJECT: 62°d Way Extension Project No. ST. 2003 - 2 PW03-015 The attached resolution is to finalize the design and plan preparation for the proposed 62nd Way Extension Project No. ST. 2003 - 2 to extend � 13-foot-wide street approximately 124 feet west of the westerly curb line of Riverview Terrace.', The resolution accepts the feasibiliry report and p�eliminary plans for the improvements as a result of the Council's direction and authorizes the establishment of a public hearing. The public hearing is scheduled for March 3, 2003. ' Recommend the City Gouncil adopt the resolution so that the design work can be finalized for the 62°d Way Extension Project No. ST. 2003 - 2. ', LO/JHH:cz Attachments � R$SOLIITION NO. - 2003 RESOLUTION RECBIVING TH$ PRELIMINARY R$PORT AND CALLING FOR A PUBLIC HSARING ON TH$ MATTER -0F CONSTRUCTION OF C$RTAIN IMPROVEMENTS: 62� WAY $%TENSION PROJECT NO. ST. 2003 - 2 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. WHEREAS, Resolution No. 77 - 2002 adopted on the 16th day of December, 2002, by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the feasibility report and preliminary plans submitted by the Public Works Director, is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately as determined by the City Council. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. _ . • Resolution No. - 2003 Page 2 5. That a public hearing be s�heduled for March 3, 2003 and that all property owners whose property is liable to be assessed with the making of the improvements and constitute 100 percent of 'the property owners who will benefit from the improvement be notified of the public hearing under the normal procedures set forth in Minnesota Statutes Chapter 429. ' PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF JANtJARY, 2003. ' ATTESTED: DEBRA A. SKOGEN - CITY CLERK � . • 'SCOTT J. LUND - MAYOR FEASIBILITY REPORT FOR 62°d WAY EXTENSION PROJECT NO. ST. 2003 - 2 FRIDLEY, MINNESOTA I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Min�esota. Jon H. Haukaas, P.E. 50 Date ��3 � 3 Registration No. 24769 m 0 � � Table of �ontents Description ' Introduction ' Existing Condirions Proposed Improvements Funding Recommendation Appendix Figure A - Project Location ' Figure B - Existing Conditions Figure C - Proposed Construction ', Figure D- Opinion of Probable Cost ' 51 Pa�e No• 1 1 1 2 2 2 n I. Introduction The City Council authorized the preparation of a feasibility report and estimate of costs for the extension of 62°d Way on December 16, 2002. A location map (Figure A) is located in the Appendix. This report will briefly summarize the existing conditions, proposed improvements, project costs, funding and recommendation. II. Existing Conditions The project area is residential and consists of existing bituminous driveway, grass boulevard and pine trees. Several mature trees and bushes are found in the general azea of this project area. The project area will require complete reconstruction of the pavement section and grading to match existing yards. This will require the removal of existing bituminous driveway, landscaping, trees/bushes, and grass boulevazd. III. Proposed Improvement A. Roadway The proposed roadway will consist of a 13-foot wide roadway with concrete curb and gutter on both sides and at the westerly end. The length of this project is approximately 120 feet. The proposed roadway surface shall be bituminous asphalt with a 9-ton design. Several driveway curb cuts will be constructed to match the existing driveways. Landscaping and grass sod will be reinstalled to match the new curb line. Attempts shall be made to limit impact to adjacent properties. All work shall take place in public right-of-way. Additional right-of-way (50' x 25') will need to be acquired from the property owner as identified on Figure C. This is required to provide driveway access and snow storage. The predominant subgrade material in tlus area appears to be sand. This was detertnined visually during previous work on 62°� during the summer of 2002. This is a very common material found in Fridley and highly desirable to construct ro�dways upon. Fridley's standard 9-ton roadway section is as follows: • � 1.5" Bituminous Wear Course • 2.0" Bituminous Base Course • 6" Class 5 Aggregate Base B. Drainage The existing drainage system consists of catch basins located on 62°d Way. The survey of the project indicates the runoff from this project will drain easterly to the catch basins on 62'� Way. 52 C. Schedule ', Staff has detemuned that construction in 1�Iay or June is very possible, weather pernutting. It is anticipated that construction will take approximately 3 weeks to complete. D. Estimated Costs An Opinion of Probable Cost was prepared by the Engineering Staff (See Figure D). The proposed improvement cost of $21,270 vvhich includes construction costs, 10% engineering and administration fees, and 10% contingency costs. N. Funding All project costs incurred are to be assessed �100% to the adjacent properties. Assessment shall be based upon use of the street extension. The two properties equally shaze the use of the easterly half. The westerly half is used excluSively by the owners of 310 62"d Way. As this street extension exclusively serves two properties and does not serve the general population of the City, all project costs should be assessed 100% to the adjacent properties. The properties served by this project aze 190 62°� Way and 310 62°� Way. Assessments shall be based upon use of the street extension. The two properties equally share the use of the easterly half of the street extension and therefore should shaze these costs. The westerly half is used exclusively by the owners of 310 62'� Way and therefore should be assessed entirely to this portion. The property at 190 62'� Way should be assessed 25% of the total project costs and the properiy at 310 62°� Way should be assessed 75% of the project costs. These costs may be certified to Anoka County for inclusion on the property tax statements and paid over a period of 10 years. V. Recommendarion It is the recommendation of the Public Works'Director that the City Council consider this project as identified in this feasibility report and proceed with the assessment of 100% of the cost pursuant ta Minnesota Chapter 429. VI. Appendix � 53 N t�o scat.� PROJECT LOCATION 0 u FEASIBILITY REP�RT 62ND WAY EXTENSI❑N PR�JECT LC��TION MAP a DATE� JANUARY 2003 FIGURE A � � 1 "= 30' 6200 R�'verview Terrace 2 Ci Q i �� 3 . o. � z a � � � � 10' ASh \ �� 10' ASh 8' Ash 6' Ash 16' Eln � Ex B%'r �� 6' Ash ' . O Dr�vewQ y _ � � Ex�st.+� � � � ' ASh /� otCh. BoSy+s (01 � � 1 _�� g38.26 .. ��---- 2.39 8g�55 �� 21' ASh - Ex Proptrt Li+e � g}5°S Ex Property Line 20' Ash ' , r� MnN�wit J ft C � � , s9p � � iS' ConiFer�s � ' ' --------r-----r--- � i�- E�T I � / Ex R-opt , � / / 85353 � ` 836.6 / � ?�.� I ��q / � 12' onifer 30' SprucF .� � / � t� I / �Q� 836.�1 I •w� ' / Qi � •�J � ,. �` � � 1' � / �� / � . PI /� T' V . ese.oi � J �� / % ( gs4�� / (v�' / � . / � / � � 190 62nd Way r // � - / 310 62nd Wa � i i FEASIBILITY REPORT -� • •62ND WAY EX'TENSION EXISTING C�AJDITIONS lir�t DATE� JANUARY 2003 ' FIGURE B N 1 "=30' 6200 R�verview Terrace � � � ij �� 3 2 � � � � � 10' Ash \ �� 8' Ash 6' Ash 16' Eln �—� 10' ASh ex BI't \ � 6' Ash . � . Dr�vew _ � _ . Ex�st.,� Q ntch Bosins (xl ---Re.rLOve Trees = —_____' ASh ___ � 0 & �and'sCUpiwg_ _ Ex Prop. L�+e 15' Co�inFS►' 24' Ash Ex Prop. l�+e c � -- 20' ASh , Proposed f} �°'''r � 25' � ' Conc Curb � , O' / Proposed � � j �� ROW �' �� Ca+�fer i � � � � �a� / / 2 �/ / �� t � � , x, / i �� / � � �� + � � � . � / / / / 310 62nd Wa � � � � � x � $ r � Etn � �I �} I I I FEASIBILITY REPORT 62ND WAY EXTENSION PR�POSED CC�TRUCTI�N 190 62nd Way DATE= JANUARY 2003 FIGURE C Engineer's Opinion of Probable Cost Feasibility Report for 62nd Way Extension January 2003 No. Description 1 Mobilization 2 Remove Bituminous Pavement 3 Common Excavation (CV) 4 Clear & Grub Trees and Shrubs 5 F&I B612 Concrete C&G 6 F8�1 6" CI. 5 Aggregate 7 F&I 3.5" Bituminous Pavement 8 F&I Select Topsoil 9 F&I Sodding 10 Misc. Removals & Restoration , Unit LS' SY CY LS' LF' TN' TN CY'. SY, LS'' Unit Qty Cost 1 $ 2,500.00 200 $ 6.00 125 $ 15.00 1 $ 3,000.00 280 $ 15.00 70 $ 15.00 40 $ 50.00 10 $ 15.00 150 $ 5.00 1 $ 1,000.00 Subtotal 10% Contingency '' 10% Eng & Admin Grand Total �igure D 57 $ $ $ $ $ $ $ $ $ $ Total Cost 2,500.00 1,200.00 1,875.00 3,000.00 4,200.00 1,050.00 2,000.00 150.00 750.00 1,000.00 $ 17,725.00 $ 1,772.50 $ 1,772.50 $ 21,270.00 / � ClTY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF January 27, 2003 William W. Burns, City Manager ��F Richard D. Pribyl, Finance Director � Debra A. Skogen, City Clerk January 17, 2003 Resolution Revoking On-Sale Intoxicating Liquor License for AMF Bowling Centers Inc., d/b/a AMF Maple Lanes Located at 6310 Highway 65 NE On October 28, 2002, the City Council held a public hearing on the revocation of the intoxicating liquor license for AMF Bowling Centers Inc., d/b/a AMF Maple Lanes. The public hearing was closed and a resolution, Attachment A, revoking the intoxicating liquor license was tabled to January 27, 2003. Since that meeting, AMF has provided the information on their sales, Attachment B, which includes vending machine food and pop sales: The sales show that AN� Maple lanes has failed to meet the 40% minimum requirement for food. On December 16, 2002, the City Council denied the reading of an ordinance to amend the City Code to change the minimum food sales to 35% for all licensees. In accordance with the current City Ordinance controlling on sale liquor, staff recommends the council remove the resolution from the table, amend the resolution to include some additional findings of fact since the October meeting, and adopt the resolution revoking the intoxicating liquor license for A1V� Bowling Centers Inc., d/b/a AMF Maple Lanes. : Attachment A Resolution No.' - 2003 A RESOLUTION REVOKING INTOXICATING' LIQUOR LICENSE FOR AMF BOWLING CENTERS INC. DB/A AMF MAPLE LANES LOCATED AT 6310 HIGHWAY 65 NE WHEREAS, the City of Fridley, Minnesota, regulates the sale of intoxicating liquor in establishments located within the City, -pursuant to the authority granted to it under Minnesota Statutes Section 340A, by ordinance, specifically'Section 603 of the Fridley Municipal Code; _ and 4 WHEREAS, Fridley City Code, Section 603.10.1'9 states that at the time of renewal of any license for the sale of liquor within the city, "the applicant shall submit proof to the City that a minimum of 40% of the gross sales, derived from the sale of food and intoxicating liquors of the establishment, for which the "on-sale" license is to be used, is in the serving of food, as required by Section 603.10.18"; and ' WHEREAS, on January 31, 2002, the City of ,Fridley received a renewal application for intoxicating liquor for AMF Bowling Centers Inc. d/b/a AMF Maple Lanes (hereinafter referred to as "AMF") located at 6310 Highway 65 NE stating their food to liquor ratio was 40% food sales and 60% liquor sales; and WHEREAS, it is the usual and ordinary practice of'the City in the enforcement of Section 603 of the Fridley Municipal Code to require the certification of a Certified Public Accountant of the sales ratios of food to liquor sales on any establishment selling liquor within the City; and WHEREAS, on February 8, 2002, after reviewing the renewal application, staff forwarded a request to ANg' requesting a CPA Statement of gross receipts for food and liquor sales for the previous license yeaz, as it was not included in the application; and WHEREAS, on February 20, 2002 staff received a', copy of a P& L Revenue Spread Report, in lieu of a CPA Statement, on gross receipts for food and liquor sales for the twelve months ending December 31, 2001, for AlVIF Maple Lanes; and WHEREAS, after staff reviewed the information p�ovided by AMF, staff determined the actual food to liquor ratio appeared to be 72% liquor and 28% food, as AMF had not included beer and wine sales in their equation; and WHEREAS, the actual ratios of food and liquor' sales based upon the data and information provided to the City by AMF would place AMF significantly out of compliance with the required food and liquor sales ratios required by the, aforesaid ordinance; and WHEREAS, Fridley City Code Section 603.17 st�.tes that, "the City Council may suspend or revoke any license for the sale of intoxicating liquor for the violation of any provision or condition of this Chapter or of any State law or Federal law regulating the sale of intoxicating liquor"; and 59 Resolution No. _-2003 Page WHEREAS, Fridley City Code Section 603.18 requires that, "a revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten (10) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee"; and WHEREAS, on March 28, 2002, the city clerk prepared and mailed a letter to the AMF Corporate Office and AMF Fridley Office, via certified mail, notifying AMF they did not meet the food to liquor sales ratio required by the City Ordinance and that staff would be scheduling a public hearing in front of the City Council on April 22, 2002, to suspend or revoke the _ intoxicating liquor license for non-compliance with the provisions of the ordinance and staff � received signed return receipts cards; and _ WHEREAS, on April 22, 2002, the Fridley City Council held a public hearing on ANIF's renewal application, granted AMF a probationary license for six months and continued the public hearing to October 28, 2002; and WHEREAS, on or about April 25, 2002, Finance Director Richard Pribyl discussed by telephone with Sara Terrell, AMF Licensing Manager, the monthly reporting requirements AMF would need to provide to the City of Fridley to assure compliance with the provisions of the aforesaid Ordinance; and WHEREAS, on June 6, 2002, a letter was sent by Finance Director Rick Pribyl to James Moran, attorney for AMF, informing him of the probationary license period, monthly reporting requirements, and definition of food sales; and WHEREAS, on August 22, 2002, staff received a letter from AMF reporting their food to liquor sales for the months of May, June and July which showed that AMF had not yet met the food to liquor sales ratio; and WHEREAS, a letter dated September 11, 2002, from Attorney Moran, indirectly stated AMF could not meet the 40% food ratio; and WHEREAS, based on the information received from AMF, staff recommends enforcing the ordinance by permanently revoking the liquor license for this location and owner. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley after listening to all of the facts presented hereby makes the following FINDINGS OF FACT: 1. That each and all of the foregoing factual statements aze true and correct and are incorporated herein as part of the findings of fact and record of these precedings. 2. That AMF has not provided the City of Fridley with a report of the food to liquor sales ratio on a monthly basis as required by the letter dated June 3, 2002; and 3. That, based on the letter dated September 11, 2002 from Attorney Moran, it appears AMF will be unable to meet the 40% food sales ratio in the foreseeable future; and . 1 • I . Resolution No. -2003 Page 4. That Fridley City Code Section 603.17 states, "that the City Council may suspend or revoke any license for the sale of intoxi�ating liquor for the violation of any provision or condition of this Chapter or of any State law or Federal law regulating the sale of intoxicating liquor." ' BE IT FURTHER RESOLVE THAT based on these findings the City Council of the City of Fridley hereby revokes the Intoxicating Liquor License to AMF Bowling Centers, Inc., dba AMF Maple Lanes located at 6310 Highway 65 NE as allowed by Fridley City Code Section 603.17. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2003. Attest: Debra A. Skogen, City Clerk �� Scott J. Lund, Mayor 0 ': AMF BOWLING WORLDWIDE Ratio of Food to Liquor Information taken from Food and B Gross Profit Statement � 7/1/2002 + 8/5/2002 i 9/2/2002 9/30/2002 11/4/2002 j 12/2/2002 __ __� __ : 8/4/2002 i 9/11 /2002 ' 9/29/2002 � 11 /3/2002 12/1 /2002 � 12/29/2002 PD1 PD2 PD3 ; PD4 ; PD5 PD6 Gross Food Sales ' $ 3,127.00 : $3,046.00 ; $ 9,511.00 � $13,585.00 # $11,402.00 i $11,618.00 _.._.._.....__._..__ ,..� �• �.:-- i ' i ; Snacks and cand $ 207.00 ;$ 327.00 i$ 584.00 !$ 646.00 $ 1,211.00 '$ 709.00 ; Cold Drinks `; $ 183.00 ; $ 226.00 ' $ 560.00 $ 848.00 $ 685.00 ' $ 625.00 i i � Ad'usted Food Sales � $ 3,517.00 i $3,599.00 , $10,655.00 $15,079.00 $13,298.00 $12,952.00 � ' i ; Gross Alcohol Bev ' i Sale $ 6,795.00 = $3,319.00 I $19,785.00 $34,074.00 $23,360.00 , $22,050.00 �---.._._.._._._._._..._....____�_.....-----.._.._._�.-- --- --- € � ; ' Total Food and ; � Alcohol ; $10,312.00 ; $6,918.00 � $30,440.00 $45,153.00 $36,658.00 � $35,002.00 ; 4 � � � Ratio 34% ' 52% ( 35% 33% 36% � 37% 62 Attachment B 52,289.00 3,684.00 3,127.00 59,100.00 105,383.00 164,483.00 36% . � f arr oF FRIDLEY AGENDA CITY COUNCIL M�ETING DATE: January 23, 2003 TO: William W. Burns, City Mana��r '� � � ITEM OF JANUARY 27, 2003 FROM: Scott J. Hickok, Community Development Director Grant Fernelius, Assistant HRA 'Director SUBJECT: Resolution Approving 2003 CD$G Application Late last week, staff submitted an application to Anoka County for funding under the 2003 Community Development Block Grant (C,DBG) program. The request is for $200,000 to assist with property acquisition for the Gateway West redevelopment project. The funds would be used for the acquisition and demolition of at least one blighted property in the project area. This activiry is consistent with the national objectives of the program as defined under CFR 570.483 (c) Activities which aid in the prevention or elimination of slum and blight. " While no decisions have been made on the scope of the Gateway West project, it is prudent to submit an application for 2003 CDBG due to timing constraints. For example, should the Ciry decide to move ahead on Gateway West, we would most likely start the acquisition process (and incur expenses) this ye,ar. Because the CDBG program prohibits the funding of activities that have already beguri, we would likely be ineligible to use 2004 CDBG for the Gateway West project. In'all candor, property acquisition and demolition is the best fit for using CDBG funds on Gateway West. � Recommendation - Staff recommends that the City Council approve the attached resolution authorizing an ,, application for 2003 Community Development Block Grant funding. M-03-18 63 RESOLUTION NO. _ - 2003 RESOLUTIOY AUTHORIZING Ai�1 APPLICATIONS FOR THE 2003 C01�LVIUNITY DEVELOPMENT BLOCK GRA:�1T PROGRA�I. WI�REAS, the Ciry of Fridley, Minnesota (the "City") has identified its housing and community development needs; and e WHEREAS, the City believes that those needs can be met by the Community Development Block ° Grant (the "CDBG Program"), which is administered by Anoka Counry; and ' WHEREAS, the Ciry has identified a potenrial project for CDBG Funding. NOW, TI�REFO.'tE, BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The Council adopts the projects outlined in Exhibit A attached to this resolution. 2. The Council authorizes City staff to prepare an application to Anoka County for said CDBG funds. 3. The Council authorizes the Mayor and Ciry Manager to execute all documents necessary to secure said CDBG funds. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27rx DAY OF JANUARY, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK .' SCOTT J. LUND - MAYOR 0 E�iBIT a CITY OF FRiDLEY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM a Acquisition and Clearance af Bli�hted Properties 0 ' The Ciry of Fridley is requesting 2003 CDBG funds far �the purpose of acquiring and clearing blighted property as part of the Gateway West redevelopment project. The proposed acriviry is consistent with the narional objectives for the CDBG program as described in CFR 570.483 (c) (1). The Gateway West redevelopment project is located neaz the northeast comer of University Avenue and 57`h Avenue NE. The project area includes a number of substandard'and blighted buildings. The City is considering several redevelopment options for the area, ranging from single family housing to a much lazger project including a mix of town homes, condominiums and retail. Additional details on the project can be found in the City's 2003 CDBG application. ' SOURCES 2003 CDBG Funds USES Acquisirion & Closing Costs Demolition & Professional Services Relocarion & Environmental Fees 1 -+ 0 65' $200,000 $167,862 $5,350 $26,788 $200,000 � � AGENDA ITEM «r�oF CITY COUNCIL MEETING OF JANUARY 27, 2003 FRIDLEY , 0 0 1NFORMAL STATUS RE'PORTS . �. � 0 • •