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08/25/2003 - 4618, AGENDA FOR PUBLIC REFERENCE CITY COUNCIL MEETING AUGUST 25, 2003 � ` CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AD�RFSS AND /TFM NUMSFtt YOU ARF /NTFRFSi�'D /N. � � Cf1Y OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF' AR/NT NAMF, AaDRFSS ANfl /TFM NUMBFR YOU ARF /NTFRFSTFD /N. r � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/Ni NAMF, A�aRFSS ANfl /T�M NUMB�'R YOU ARF /NTFRFSTf'D /N. , �� ,� Frint�N��e �C1ea 1��'� �� ,� ;, � � , �f�, � „ ° „ --,M . . � �a ,.; . ' �;.., f��8.., � ��' � ;�� f � �: a , c� �i "� � �'� �, �- ' � ,, /�"1 � =.S I f � � �� l " � , � �� , � - - ,3 f-t"cZV V1�t.cr�- ��"��'-- � �� ".�L �li. _ � � �— � - `=� � �� Y � �1 � �1�0� 1L "lJ � � � � � � ` CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2003 ?:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/NT NAMF, A�UR�SS AND /TFM NUMB�'R YaU ARF /NTFRFSiFfl /M. �� ;�!�i'ri�t�,l�Ia n+��e��i`Y�� .A+�t�� : �n.� � �� '�� : �, �,� , �� ''�� ) � .��'l 1c�� re c� /¢.Y'Y'«�cJ. �r �ci��e- � �� '�►'�n2� 3 .3� ;j,y/ �%�x e. �'_'rr�K '7r_�r�s.t� I'r, � � CITY COUNCiL MEETING OF AUGUST 25, 2003 CtTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or . treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to ` participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Certificate of Appreciation to Girl Scout Troop 2458 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: - City Council Meeting of July 28, 2003 OLD BUSINESS: 1. Special Use Permit, SP #73-07, for Central Auto Parts, Generally Located at 1201 — 73 '/Z Avenue N.E. (Ward 2) - ........................................................................................ 1 FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Amendment to the Comprehensive Sign Plan for the East Moore Lake Shopping Plaza, Generally Located at 1250 East Moo�e Lake Drive(Ward 2) .................................................................................................... 4 3. Approve Tower Site Lease Agreement between the City of Fridley and AT&T Wireless Services ofMinnesota, Inc . ............................................................................................... 5- 26 4. Appointment — City Employee ............................................................................ 27 5. Appointment — Parks & Recreation Commission ............................................... 28 6. Claims .....................................................................................................:. 29 7. Licenses ....................................................................................................... 30 - 33 8. Estimates ....................................................................................................... 34 FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2003 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. . . PUBLIC HEARING: 9. Consideration of Levying a Tax in Excess of the Index Provided in the Fridley City Charter ................................................ 35 NEW BUSINESS: 10. Resolution Declaring a Special Election for November 4, 2003, to Levy a Tax which is in Excess of the Inflationary Index for Tax Levy Requirements for 2004 to the County of Anoka for Collection for the Purpose of Continuing Programing at Springbrook Nature Center ......................................................... 36 - 38 11. Resolution Certifying Final Tax Levy Requirements for 2004 to the County of Anoka ........................................................................ 39 - 40 12. Resolution Adopting the Proposed Budget � for the Fiscal Year 2004 ..................................................................................... 41 - 43 13. Informal Status Reports ..................................................................................... 44 ADJOURN. 0 4' . e e� � �� _ �� `��, � �. : C�� j/�, � � d�-�� CGQ.�°J QTY OF ��RIDLEY CITY COUNCIL MEETING OF AUGUST 25, 2003 F"'°� The City of Fridley will not discriminate against or harass anyone in the admission or�access to, or treatment, or employment in its services, proarams, or activities because of race, color, creed, religion, national origin, sex, disability, age, mazital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) , PLEDGE OF ALLEGIANCE. PRESENTATION: � �' �/�`m r Certificate of Appreciation to Girl Scout Troop 2458 C'eJ�(. , B� , '� APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 28, 2003 OL� BUSitVESS: 1. Special Use Permit, SP #73-07, for Central Auto Parts, Generally Located at 1201 — 73 '/_ Avenue N.E. (Ward 2) ................ .... 1- 3 NEW BUSINESS: 2. Amendment to the Comprehensive Sign Plan for the East Moore Lake Shopping Plaza, Generally Located at 1250 East Moore Lake Drive (Ward 2) ................................... 4 , O Approve Tower Site Lease Agreement between the City of Fridley and AT8�T Wireless Services of Minnesota, Inc�� ........................... 5- 26 .�4� ----�r� �'°�- ��-��1 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): � A pointment — City Employee ........... 27 � �v� --=' i4- lc} � rJ �f�� +`�� 5. Appointment — Parks 8� Recreation Commission .............................: 6. Claims 7. Licenses 28 .............................. 29 .............................. 30 - 33 _ J �� // � / / // � � � ' / � ' / � � � /�� ADOPTION OF AC �� ' v � � 21�� ,��` G�,��`° , � / ��' � i . � / % r�' / / , .. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 mi�s. �I`�`/ �� 0 sq! �. � � . , � t FRIDLEY CITY COUNCIL iVIEETING OF AUGUST 2�, 2003 PAGE 2 � PUBLIC HEARING: 9. Consideration of Levying a Tax in Excess of the Index Provided in the Fridiey City Charter .............. ..'............ 35 �� `" � �- ;.�-J,� _____��- „ �! L . �--- � -- �, ��.'1, � � /l �� --- - ; �� __—`--- �� /� '�� " NEW BUSINESS: `r�` �� ='� ��'�� - � , �� t., 10. Resolution Declaring a Special Election for � November 4, 2003, to Levy a Tax which is in Excess of the Inflationary Index for Tax Levy ` Requirements for 2004 to the County of Anoka for Collection for the Purpose of Continuing Programing at Springbrook Nature � , � ��" �, , �Z �-c1�L �`'?.s�' L� . ��, ' ; / /, c { , `• �y�� "��`" `" "L+ a� 1- , �c . % i � ,; �, �--1� �_ � � �.. � �= � . ��-�-_ !� � .�. �,=, ;: � � ; �,� i � l '�`_ � (. - --�`"'' . % ` �.. � `� i�v' � � :.C,J �,.1 i'� � _ . �� ,. . �. . � � � � �� C _ ��'�`':- - ��— � �� •�' / ,. /; ' � ��, � /� ` �. �'l i �` �- . _-_. .. , � C �� -� a �- Center..............: .................... 36 - 38 - ._t -. �� CL" ; � �1 .. ._ , % �i j/J / i; �Y � i' )9 �� r , , j ` l �,� �`�- --_-L— � l. �/�, b.) / lL �L -'f., f l .,� / � � �-�- i., , Zc' %' ��c� ,:S � � .�� << � �� .7�..� /1 . . i-.( ��.,.��'..� ) , ` 11. Resolution Certifying Final Tax Levy Requirements for 2004 to the Count� of Anoka ........ 39 - 40 �' ��..1,_ , �_ c< <"C- I 't"-� , � � , � - f / ) / .J j-�, � _ C�:C�� '�=;f,� ..�''L-')�i f/�. �w � � 1..,5 � .� �fi �l 12. Resolution Adopting the Proposed Budget for the Fiscal Year 200,4? ..................... 4.1 - 43 �c.C� �� ' f ��` : �� , /�,'�� / �, �' —�--.�. , ' � `� 6_'v iLi � lL � I., ,., :.� __ �- � �,� C �� ...� i. • � ' � � ' ,�,-L: �'� : �•�`` � J/ 13. Informal Status Reports ..................... 44 � /,1 �r- �� .� A�JOURN. �C ''� , ) �� -_-------� -- , n�J �- � ��/ � _ . . � ��' Z-L��%t.< t l � . ,r' / j ��, �._� � :� .� %t/� l 'i, J, i �. /2�/I,J�l.(,-- tc �-� C 7� �_ 'J / � �( s � - ; � L��.�', �_� � - __ - ..� -- __._..__--_�-f/ - �( ��1 � ( 1 ��`��W�� 1 �� /� � ./ * �t: ,� 2. �" c� .,�' _ � � �,C 7 !. (. L __._ , �. �> 5 ;r�� c' ' I � . . s� , > y _ , �J — �---� / , > � �� ` _ � `(. �_" �� (_ � � �,�,�.. ,, • � t' � t �� C 4 < <° /' ��-�, .` � C_ �� ( Z_ - 4' r�•� � G��/J�. . THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 28, 2003 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. ` ROLL CALL: 0 MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Richard Pribyl, Finance Director/Treasurer Frederic Knaak, City Attorney John Baker, Attorney, LMC Insurance Trust PRESENTATION BY FRIDLEY ROYALTY Fridley royalty introduced themselves and talked about their positions. PROCLAMATION: National Night Out—August S, 2003 Mayor Lund read and presented a plaque declaring National Night Out. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAEL JUAIRE FOR THE PLATS OF LAND LOCATED AT 1163 NORTON AVENUE N E AND 1175 NORTON AVENUE N.E. (WARD 2). APPROVED. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 2 2. RESOLUTION NO. 32-2003 APPROVING A PLAT, PS #03-04, NORTON MANOR THIRD ADDITION, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE PURPOSE OF CONSTRUCTING A 6-UNIT TOWN HONIE DEVELOPMENT, GENERALLY LOCATED AT 1163 NORTON AVENUE AND 1175 NORTON AVENUE (WARD 2). ADOPTED RESOLUTION NO. 32-2003. 3. SPECIAL USE PERMIT REQUEST, SP #03-11, BY MICHAEL AND DENISE CORBETT, FOR A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALLY LOCATED AT 1601 RICE CREEK ROAD (WARD 2). Dr. Burns, City Manager, stated the proposed accessory structure was 552 square feet and within the Code requirements for such structures. The Planning Commission approved the request by unanimous vote at their July 16 meeting. Staff recommended Council's approval with seven stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-11 BY MICHAEL AND DENISE CORBETT, WITH SEVEN STIPULATIONS: 1. THE PETITIONER SHALL INSTALL CODE-REQUIRED HARD SURFACE EXTENSION OF 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 VEffiCLES 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; AND '7. A FIREWALL SHALL BE INSTALLED ON THE WEST WALL OF THE PROPOSED GARAGE. 4. APPROVE CHANGE ORDER NO. 1 TO PROJECT NO. ST. 2003-1. Dr. Burns, City Manager, stated the consultants who had been studying the City's wastewater system recommended that the City construct a 12-inch water line along Skywood Lane as part of the 2003 street reconstruction project. While the construction of the water line would delay the reconstruction of Skywood Lane by two to three weeks, staff recommended that the change be made now rather than after the street had been resurfaced. The estimated cost for the change order to the City's contract with Hardrives, Inc., was $64,632. This would greatly improve the water distribution for people both north and south of the interstate. Staff recommended Council's approval. APPROVED. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 �. CLAIMS. AUTHORIZED PAYI�IENT OF CLAIM NOS. 112437 THROUGH 112654. 6. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. No one in the audience spoke regarding the proposed consent agenda items. ' APPROVAL OF PROPOSED CONSENT AGENDA: PAGE 3 MOTION by Councilmember Bolkcom to receive information for Item No. 4, Change Order No. 1 to Project No. ST. 2003-1. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlYIMOUSLY. 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 UNAlvIMOUSLY. OPEN FORUM, VISITORS: - Mr. Doyle Mullin, 6801 Hickory Street N.E., Vice Chairman of the Springbrook Nature Center Foundation, thanked Council for meeting with the Springbrook Foundation to discuss the Nature Center. It was his understanding from the meeting that there would be a referendum. He asked if � there was a resolution on the agenda. Mayor Lund said it was Item 15: Ms. Mary Ellen Vetter, a resident of Brooklyn Park, stated she was at the meeting on behalf of the Board of Directors of Audubon Minnesota in regard to the proposed closing of Springbrook Nature Center. She said they urged Council to reconsider their proposal to close the Nature Center. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 4 Dr. Catherine Gray, 7091 Highway 65 N.E., Suite 101, approached and stated she was the current chair of the Board of Directars for the Twin Cities North Chamber of Commerce which represents the cities of Fridley, Spring Lake Park, Moundsview, New Brighton, Columbia Heights, and Hilltop. A member-wide survey was conducted asking for input from the members on the operation and funding of Springbrook Nature Center and whether it should continue to be maintained as a nature center or turned into a golf course. The Board of Directors for the Twin Cities North Chamber of Commerce voted in favor of supporting the efforts to preserve the Nature Center. The Board also requested that members of the Fridley City Council vote to keep Springbrook Nature Center open in full capacity as a nature center. Ms. Nancy Jorgenson, 5730 Polk Street N.E., asked about the work session Council had with Mr. ' I George Shortridge and when the information would be available to the public. Councilmember Billings stated Mr. Shortridge was asked to provide some broad financial numbers. The City was not soliciting proposals for golf courses. He said any documents that were City documents were public documents. Ms. Jorgenson asked if Council would make the information available during one of their public meetings. Mayor Lund said he provided his copy to the Springbrook Foundation. Councilmember Billings stated that staff handed out the infortnation they received from Mr. Shortridge. The report was finished. Mayor Lund stated they would not discuss anything on this subject unless they posted it for a public meeting. Mr. Roger Avery, 600 Glencoe, asked if any other endeavors had been discussed or considered with respect to the Nature Center. Mayor Lund stated it had been brought up, but they would have to ask permission for a land use change. Councilmember Barnette said they asked Mr. Shortridge to prepare some information on what a _ golf course might cost. He said the issue was funding. The City was in a budget crunch created by the state legislature. One of the proposals to save money was to eliminate the staffing and close the building at the Nature Center. They never said the Nature Center would be closed. The " land would still be there. Ms. Kristen Lennox, Fridley Middle School student, approached and stated that she and her friends were asking them not to shut down the Springbrook Nature Center. Ms. Aura Peabody, 608 Cheryl Street, stated she was very much in favor of the Springbrook Nature Center. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 5 PUBLIC HEARING: 7. CONSIDERATION OF A REQUEST TO DECLARE A CERTAIN PARCEL OF CITY-OWNED REAL ESTATE SURPLUS AND AUTHORIZE THE SALE THEREOF, GENERALLY LOCATED AT 5541 FIFTH STREET N.E. (WARD 1). MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:08 P.M. Mr. Scott Hickok, Community Development Director, stated this was a request to consider some land located at 5541 Fifth Street N.E. excess and to sell it. He said Tradition Homes was the new owner, and they were seeking to obtain an unused portion of the City right-of-way located immediately south of the property. The 3,385-squaze foot parcel was originally taken by the State as right-of-way for I-694 but was turned back to the City in 1979. The City would retain a 10-foot boulevard between the edge of the property and the existing bituminous roadway, which was consistent with the properties to the west. The parcel in question was buildable as a stand- alone parcel, and the City had no plans for future use of the property. Tradition Homes has agreed to the conditions placed on the sale of the property. Staff recommended approval with the following conditions: • Purchaser cover all filing fees associated with this transaction. • Purchaser provide a guaranty of clean title. • Parcel be combined with Purchaser's existing property. • Purchaser prepare a quit claim deed. • Purchaser provide the new legal description of the property to the City. • City must approve architectural elevations of any buildings to be constructed on the combination of lots prior to issuance of any building permits. • The sale shall be effective by December l, 2003. Councilmember Billings stated that the City had a public hearing on this same piece of property and passed an ordinance to sell it to Sylvester Builders. He said that Sylvester $uilders did not meet the requirements. He asked if the City declared it excess by motion. Mr. Hickok said the City did. Mr. Jay Windschitl, owner of Tradition Homes, said Mr. Sylvester sold the property to him. He said he would like to pursue the option on the property. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:13 P.M. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 6 OLD BUSINESS: 8. PRELIMINARY PLAT REQUEST, PS #02-03 BY BRANDES PLACE LP, TO REPLAT PROPERTY INTO TWO LOTS, GENERALLY LOCATED AT 6160 FIFTH STREET N.E. (WARD 1). Council asked for a brief overview of Items 8, 9, and 10. Mr. Frederic Knaak, City Attorney, stated the three items were action items related to a settlement agreement passed at a previous meeting. The items were the approval of a preliminary plat request, a comprehensive plan amendment, and the first reading of an ordinance to amend the City Code by making a change in zoning districts. He said the City was sued by the developer in this matter. After considerable analysis, it was the opinion of legal counsel that the City's legal position was weak and that the potential for a very significant liability existed. As part of the litigation process, the City entered into mediation and reached an agreement that limited the City's liability. The settlement agreement, which they approved at the last City Council meeting; avoided potential liability exposure for the City. The City did not formally admit to any wrongdoing or to any procedural defects in its review of the requests. They did agree, under the terms of the settlement, to approve these three items. As part of the mediation process, the City was able to obtain a number of additional conditions and protections over what had been initially proposed. He said the approval of this agreement tonight did not preclude any of the normal and usual things that must occur for these items such as final plat approval. It also did not address any issue or potential dispute related to underlying ownership or control. Mr. Knaak stated that in real estate development proposals, fee ownership was not required of developers until the final approval and construction phase of the project. The City could rely on the representations of the developer. The question of the approval and support of the owners of this parcel was expressly excluded by settlement agreement. The City took no position on the issue. The obligation remains with the developer to secure the necessary ownership interest, and the City was expressly released under the terms of this agreement from liability even if there was an adverse determination of the ownership question for the developer. 0 Mr. Knaak stated the recommendation at this meeting was to approve the three requests as required by the terms of the settlement agreement. In addition, it was recommended that they provide any additional directions that may be needed for staff on the remaining discretionary _ matters. Finally, they could anticipate additional recommended procedures to assure avoidance of these types of technical issues that created these difficulties in the future. Councilmember Bolkcom asked about the change in Stipulation No. 3. Mr. Hickok stated the same stipulation applied to all three items. Language was added and they would answer any questions Council had. Staff agreed with the suggested language. Mr. John Baker, Attorney for the League of Minnesota Cities Insurance Trust, stated the particular language modified proposed Stipulation No. 3. The current language began with "Petitioner shall identify ponding area and provide easements for storm water runoff and FRIDLEY CITY COUNCIL 1VIEETING OF JULY 28� 2003 PAGE 7 they proposed there be a comma and the management." Rather then ending the senten�e�ana �e adequately drainage and storm water on following language be added: "if necessary g the property." This language would clarify the stipulation. Councilmember Bolkcom asked what Mr. Baker meant by Brandes Place. Mr. Baker replied Brandes Place Limited Partnership, the plaintiff in the case and the current applicant. Mayor Lund asked who the parties were in Brandes Place Limited Partnership. Mr. Baker stated he did not have the information before him. Mayor Lund replied he thought it was CommunitY Housing Development and Catholic Charities. Mr. Hickok said that was conect. Councilmember Barnette asked who owned the property they were talking about. Mr. Hickok replied in the presentation given in October and theTinformation provided, the land was going to be provided by St. Williams Church to the develop Councilmember Barnette asked who owned the property right now. Mr. Hickok said there was an agreement between the Church and the Partnership. He believed the Church still held the property, and pending approval of the plat request, the Compre?hensive plan amendment and the rezoning request, the change was to occur. Councilmember Barnette stated that was not what he hear aliz d th t their mediation agreement the intent was of the current owner of the property. He re did not take that into account, but he was uncomfortable dealing with requests on property that someone did not own. Councilmember Bolkcom stated legal counsel said that it was not for them to determine. Councilmember Barnette stated he did not think he could go and make a request to put a new building on her property if it was her property. Dr. Burns said he could if he was a developer and he had the cooperation of the property owner. Mr. Hickok said it was not unusual at all for them to have a n od �h e Tope�donce�the necessary an agreement whereby the developer would take possessio P approvals had been granted. FRIDLEY CITY COUNCII, MEETING OF JULy 2g, 2003 PAGE 8 Councilmember Barnette mentioned the letter dated July 14 signed by Reverend Joseph Whalen in which he indicated that the parish did not participate in the mediation session and had not been provided with details of the a�reement. Mayor Lund stated they were not a party to the lawsuit. Mr. Knaak stated this was not the City's issue or concern. It was not uncommon to have a purchase agreement between a developer and a property owner. This was a private matter between the developer and the landowner. Mr. Barney Buss, 6050 Fifth Street N.E., approached and stated he was totally confused on this whole issue. He said suppose he wanted to put an apartment in someone's back yard. So, he would go to the Planning Commission and they would tell him that he could not do that because he did not even own the property. So, how could Brandes Place Limited Partnership initiate their request since they did not own the property? He believed the answer to this question was they thought the transfer of the property to Catholic Charities appeared to have taken place when in fact it had not. Due to this technicality, the City should not be held responsible and decisions related to these proceedings should be held null and void. He asked how Brandes Place Limited Partnership initiated their request to the Planning Commission since they did not own the property. Mr. Knaak said that the apparent factual dispute was not a part of the agreement before the Council and he did not think that it was appropriate to address it. He explained that if there was a purchase agreement and the homeowner changed his/her mind and breached the agreement, the homeowner would be liable. If the City were to breach the settlement agreement, the liability would be the City's. The ownership of the property has nothing to do with this. Mayor Lund stated that what was before them was whether they were going to grant the requests per the agreement. It did not mean that conveyance of the property had to occur before they asked. The City still maintained the stipulations to the land use requests. Councilmember Billings stated employees of St. William's Church came to the meeti spoke on behalf of the project and indicated that the ro e ng and partnership. _ St. William's led the Council to believe that they were go ngc to con ey the property. They made no objections at the time of the public hearings on any of the issues. There was no mention at any of the public hearings that St. William's Church was not going to be transferring the property. He asked Mr. I{naak if it was his understanding that the lawsuit and subsequent settlement were relative to the information that was provided to the City Council and the Planning Commission at the public hearings. Mr. Knaak said based on the agreement and the information provided to him, yes, Councilmember Billings said that in the agreement where they were trying to limit the liability of the City there were specific provisions that indicated that any action by the City of Fridley was not dependent on the sale or transfer of the property. That was a separate transaction between the cunent owner of the property and the developers. F'RIDLEY CITY COUNCIL MEETING OF NLY 28, 2003 PAGE 9 NIr. Knaak said that was accurate. Councilmember Barnette said he may have made some assump tions according to what was said. He said he realized if they pursued this in Court, it was g°sa d hecwastuncomfortable with he great deal of money and they were not going to win. H whole situation. M s. Joanne Zmuda, 6051 Fourth Street N.E., said she did some research and found the lawsuit they based this on. n T,_S, v. City_of Mr. Baker said there was one case that Was decis on from 2000awhich 1thedMinnesota Supreme Duluth. It was a Minnesota Court of Appea1 Court declined to review or to overturn. ' it was for a special use permit, not a zoning and replatting a ementsand orderly Ms. Zmuda said purpose of the zoning code in the C'a �Code e of nses which ould oc ur in each zoning district development in the City. It regulate tYP as well as the minimum standards for development. She did k d abou the te a1�ng� lrtiese of t e land. No one in the area wanted high density housing. She a Mayor Lund asked legal counsel to reply. Mr. Baker replied that part of the case was based on a ssaWatse a ha�t W1hiCh appl ed to any adopted in 1995 called the Automatic Approval Statute. Thi written re uest related to zoning plus a few other things an uest for a spec al use permi and e q particular period of time. In the Duluth case, ealsesa d that t e failure of a motion to approve a motion to approve failed. The Court of App uest was not the same as a denial of a request. The 60-day au� matically approved becau eoit req lication had to be day or 120th day was hit, that meant the app had not been formally denied. That court went on an We e no written findings that a ompanied treated as a denia l, t here wa s an o t h e r p r o b l e m. T h e r that was a lso requi r e d b y t h e t he a c t i o n o f the Ci t y Council, which theY stated was something ened back on Oc to be r 1 4, 2 0 02, was that there were Automatic Approval Statute• What happ Council. In each case three written requests related to zoning that were considered by the CitY ended there. there was a motion to approve those requests u�e�?�h Duluth case tvery well� ommon sense No motion to deny was made, and unless yo would not suggest you needed to take that next step. hts Act, certain kinds of discrimination are Mr. Baker stated that under the Minnesota Human Rig P rohibited, and the plaintiffs believed that disparate impactlai have lentitled pla ntffsst f r cover welfare status was ma de. I f suc c e s s f u l, t h i s c a i m w o u dama es, attorneys' fees plus a potential civil penalty against the City. He said t hey wan t e d t o g resolve this case at a time before the damages were incurre . Mr. Buss asked why they did not respond within the 60-day period. FRIDLEY CITY COUNCII, MEETING OF JUI,y 2g, 2003 PAGE 10 Mayor Lund said they felt the failed motion made at the Council meeting was sufficient. Thev did not know that under the law, they should have made a motion to deny. They would also have had to put it in writing within 60 days and include sound legal reasons for denying the re uests. q Ms. Zmuda said the main thing they did not like about the project was the high densi in that area. � Ms. Carolyn Granger, 621 - 58`h Avenue NE, said she agreed with Mr. Barnette. She said she would like to know each of the council member's backgrounds and their feelings on this development. She asked where they grew up and if they were a resident of Fridley. Councilmember Wolfe said they had to be a resident of Fridley to be elected to the City Council. Ms. Granger said she wanted to know their true feelings on Brandes Place. Mayor Lund said she could review the minutes from the Council meeting which are on the Ci 's web site. There were also videotapes available and she could get copies of minutes from Ci Hall. � Mr. Dan Hetman, 230 Craigbrook Way, stated he worked for Catholic Charities. He said that although it may be legally correct; he thought it was morally wrong, He said what citizens could do was to contact their local state representatives. Mr. Leslie Coyle, 6271 Sixth Street N.E., asked what the duty was of the councilmember for his wazd if not to vote as a great majority of his ward would have him vote. Mr. John Kirkham, 430 — 67`h Avenue N.E., said he spoke as an individuai who was horrified at the actions of Brandes Place Limited Partnership. To accuse the City of discrimination when there was none just because there was a law on the books that allowed a simple no to be characterized as discriminatory was despicable. That law had since been repealed. It infuriated him, because during the whole debate around this issue the Council to a person was extremel sensitive to any expressions of discrimination. The Mayor was especially careful to ensure th t everyone was heard, even alternating pro and con speakers. There was a time when plaintiffs had the burden of proving their allegatio�s or had the case thrown out. Not only was that not the case here, guilt was presumed totally on the face of a simple "no" regardless of the circumstances. If that was not enough, Brandes Place resorted to what he would characterize as legalized blackmail, threatening the City with outrageously large puriitive damages. He said he thought it was strange behavior for any entity that wanted to be a good neighbor. He was also astonished that the Archdiocese was willing to participate in this matter. He was gratefui that Father Whalen and the church council had chosen not to participate in the effort. He urged the Archdiocese to follow their lead and disassociate from the Brandes Place project. He ur ed citizens to call the Archdiocese. He said to also call Father Whalen and let him know that ou appreciated the courageous stand taken by him and the church council and call the Mayor and councilmembers and let them know how you feel. He asked if there was any way to postpone the vote on the zoning request to allow the citizens to voice their concerns. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 _ PAGE 11 Mayor Lund stated to Mr. Kirkham that his comments were noted. He said they signed an agreement, brought the resolution at the last Council meeting, and published it to let people know. He said this did not mean the deal was done. The issues, however, would appear to be with the Church, the Archdiocese and Brandes Place Limited Partnership. He said they did the best they could at mediation. To protect the City, he felt he had to proceed with what was before them right now. MOTION by Councilmember Billings to approve Plat Request, PS #02-03 to comply with the terms of the Brandes Place Partnership settlement agreement with the following stipulations: - 1. Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 4. Storm pond maintenance agreement must be filed prior to issuance of building permits. 5. Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7. Code required refuse and recycling enclosures must be installed. 8. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 9. Petitioner to pay any required Pazk dedication fees. 10. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 11. Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. ' 12. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE, AND COUNCILMElVIBER BARNETTE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR I�UND DECLARED THE MOTION CARRIED. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 12 MOTION by Councilmember Billings to amend Stipulation No. 3 to replace the period with a comma, and add the verbiage suQaested by the attorney: "if necessary to manage adequately drainage and storm water on the property." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANINIOUSLY. 9. COMPREHENSIVE PLAN AMENDMENT CPA, #02-01, BY BRANDES PLACE LP, TO CHANGE A PORTION OF THE CITY'S COMPREHENSIVE LAND USE � PLAT IN ORDER TO ALLOW HIGHER DENSITY ON THE PROPERTY, GENERALLY LOCATED AT 6160 FIFTH STREET N.E. (WARD 11. � MOTION by Councilmember Billings to adopt Resolution No. 34-3003. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BILLINGS, AND COUNCILMEMBER BOLKCOM VOTING AYE, AND COUNCILMEMBER BARNETTE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED. MOTION by Councilmember Billings to amend Stipulation No. 3 to replace the period with a comma, and add the verbiage suggested by the attorney: "if necessary to manage adequately drainage and storm water on the property." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #02-01, BY BRANDES PLACE LP, TO REZONE PROPERTY FROM R-2, TWO FAMILY RESIDENTIAL, AND C-3, GENERALY SHOPPING, TO R-3, GENERAL MULTIPLE iJ1vITS- RESIDENTIAL, IN ORDER TO ACCOMMODATE 16 MULTI-FANIILY HOUSING UNITS, GENERALLY LOCATED AT 6160 FIFTH STREET N.E.) (WARD 1)• . MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. • UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BILLINGS, AND COUNCILMEMBER BOLKCOM VOTING AYE, AND COUNCILMEMBER BARNETTE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 13 MOTION by Councilmember Billings to amend Stipulation No. 3 to replace the period with a comma, and add the verbiage suggested by the attomey: "if necessary to manage adequately drainage and storm water on the property." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIiVIOUSLY. NEW BUSINESS: 11. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER REPEALING ORDINANCE NO. 1175 DECLARING CERTAIN REAL ESTATE TO BE EXCESS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT 5541 FIFTH STREET N.E. (WARD 1). Mr. Hickok stated a public hearing was held on this item earlier in the meeting. The difference between this ordinance and the next item on the agenda was this action repealed Ordinance No. 1175. Staff recommended Council's approval. MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT 5541 FIFTH STREET N.E.) (WARD 1). Mr. Hickok stated this ordinance declared the real estate excess and allowed the sale of the land to Tradition Homes. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. SPECIAL USE PERMIT REQUEST, SP #03-012, BY JESSE COLLARD, FOR A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALLY LOCATED AT 1426 — 64� AVENUE N.E. (WARD 2). Mr. Hickok, Community Development Director, stated this special use permit would allow the construction of a 994-square foot accessory structure in the side yard of the residence at 1426 — 64`h Avenue N.E. The building would be used to store recreational vehicles and lawn equipment. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 14 There was an attached garage. What would be discussed would be an additional detached, 994 square foot garage. Mr. Hickok stated the City Code required a special use permit to allow accessory buildings, other than the first accessory building over 240 square feet. The total square footage of the accessory structures shall not e�cceed 1,400 square feet. The total square footage of the existing garage is 24� square feet. The total square footage of the proposed accessory structure is 994 square feet. The total of the two structures would be 1,239 square feet, which was 161 square feet less than the Code allowed. Petitioner has a small storage shed in the rear yard of his property which would be removed upon completion of the proposed accessory structure. The proposed garage location meets all setback and lot coverage requirements. Petitioner has asked if they can move the structure back roughly 10 feet. He said they could move it back as close as three feet to the rear lot line according to the City Code. Two neighboring property owners had concerns about the placement, size, and use of the structure. It was suggested that Mr. Collard move the proposed structure further back in his rear yard to provide landscaping between the proposed structure and the property line. The petitioner stated he planned to move the structure an additional 10 feet to the south. Staff visited the site and saw no problems with the structure being moved back an additional 10 feet. Mr. Hickok said the Planning Commission recommended approval of the special use permit with seven stipulations. Second accessory buildings over 200 square feet are permitted special uses in the R-1 District. Staff recommended Council's approval with seven stipulations. MOTION by Councilmember Wolfe to receive two letters sent to the City regarding this matter, one dated July 22, 2003, from Pat Mulroy at 1384 — 64`h Avenue N.E., and the other dated July 23, 2003, from Judy and Mike Zerby, 1400 — 64th Avenue. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Wolfe asked if this was meant to be storage for recreational vehicles. Mr. Hickok said it was. Councilmember Wolfe stated he found out it was going to be a garage with no hard surface going to it. Mr. Hickok said the building was intended for accessory uses, boats on trailers not in use, lawn mowers, that type of thing. The representation was made that a driveway would not be necessary because they would not be utilizing the course back and forth between the garage and the roadway enough to wear any sort of path. In similar situations in the past, the Planning Commission and staff have recommended in some circumstances that a driveway not be placed. Councilmember Wolfe asked if he knew it was going to be a garage would the decision have been different. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 21 Mr. Knaak said he could not speak on how common of an occurrence it was, but hardship had to relate to the actual configuration of the property. If there was something about the way the property was configured that made it necessary to do, that was a hardship. Councilmember Billings asked if it was possible that because it had double frontages that qualified as a hardship under state law. Mr. Knaak said that was possible. He said they needed to understand that in making that decision, similar hardships would have to be treated the same. t Councilmember Billings asked if they had an obligation to approve this request, if they had approved similar requests in the past. Mr. Knaak replied the closer it was to the circumstances the greater the requirement that they would have to approve it. Mayor Lund stated they have been granted in the past on double frontages, but he thought there should be an exception in this case because of the condition of the property in general and the past history. Councilmember Bolkcom said they could hold the petitioner to the stipulations and if they were not upheld, he would have to take the shed down. Mr. Knaak said the City could enforce it, but it would not be free. There would be costs involved. It would be discretionary, but the City would have the authority to do it. Dr. Burns asked if the costs could be assigned to the property. Mr. Knaak said they could. Councilmember Bolkcom asked Mr. Knaak whether it was a hardship that the City did not realize there was not a double front footage there when they approved the shed. Mr. Knaak said there was a hardship if they found one. _ MOTION by Councilmember Billings to approve Variance Request, VAR #03-14, with the following five stipulations: 1. The existing shed shall not be used as living area or a home occupation. 2. The gap in the screening fence along Jefferson Street shall be filled in using a matching board-on-boazd fencing material consistent with the existing fence within 6 months of approval of this variance request. 3. No parking shall occur off Jefferson Street unless a hard surface driveway and parking area is first installed. FRIDLEY CITY COUNCIL 1bIEETING OF JULY 28, 2003 PAGE 22 4. Total square footage of all accessory structures shall not e:cceed 1,400 square feet. 5. The storage pod, cabinet and any other miscellaneous outdoor storage items shall be removed within 30 days of approval of this variance request. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE MOTION CARRIED UNANIMOUSLY. 15. RESOLUTION DECLARING THE NECESSITY TO LEVY A TAX WHICH IS IN EXCESS OF THE INFLATIONARY INDEX FOR TAX LEVY REQUIREMENTS FOR 2004 TO THE COUNTY OF ANOKA FOR COLLECTION. Mr. Richard Pribyl, Finance Director, stated the resolution would allow the process to begin to levy an increase beyond the inflationary index provided for in the City Charter. The intent of this would be to bring a question of additional levy to the ballot this fall related to the programming for the Springbrook Nature Center. The first step in the process would be to define need. The need outlined in the resolution was because the state legislature cut the City's state aid for 2003 and beyond. The total reduction in state aid for 2004 as measured from the certified amount from 2003 will be $1,103,605. Dramatic budget reduction measures were required to provide a draft budget for 2004 and one was to eliminate the naturalist programming at the Springbrook Nature Center. It appeared from public opinion that the City has received thus far that a number of people would like to see the City levy the additional $275,000 in taxes that it would take to support the programming, maintenance, and administration of the naturalist programming. In order to provide for the possibility of levying the additional $275,000 which will exceed the charter-imposed limit on property taxes, they were presenting the attached resolution declaring the necessity to levy the tax for the sole purpose of supporting the naturalist programming. The resolution did not commit the City to the levy but started the process required by charter. If the resolution is passed, a public hearing notice would be published three times. The public hearing would then be held on August 25. The truth in t�ation process required that they pass a preliminary tax levy resolution and certify it to the county prior to September 15. This would allow the preliminary resolution to include the $275,000. If the levy question failed in the election, they would pass_the final budget resolution levying taxes without the $275,000. Councilmember Barnette said stated the City Council met with the Springbrook Nature Center Foundation and agreed that the supporters of the Springbrook Nature Center would get signatures on a petition and this would be placed on the ballot in November. It was his understanding that that was not possible and asked why. Mr. Pribyl said as faz as an initiative being done via the petitioner, the only thing thaf they could do was modify the charter. They cannot force a question to the ballot related to a tax levy. Only the City Council has the ability to do that in relation to the current charter language. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 23 Councilmember Barnette stated if it went to a referendum and 51 percent of the people voted in favor of the referendum, it would then appear as a line item on residents' property tax statements together with a dollar amount based on the value of the property. Mr. Pribyl stated they had not actually gone through the mechanics, but he thought it would just be an additional amount they would place on the City levy. It would just be added to the amount that they would be levying. He did not think it would be a separate line item. He said he was in the process of checking with the County. Councilmember Barnette asked how they would earmark it for the Springbrook Nature Center. Mr. Pribyl stated that was what they were checking on. He apologized for not having a clear answer, but it would be the first time they have dealt with a market value referendum on a city level. Councilmember Wolfe asked if the City could also initiate another tax to get a new fire truck. Mr. Pribyl said we could take it to the voters. Councilmember Wolfe stated that could be done on everything the City needs, even though the City Charter said we could only do so much. Mr. Pribyl said you could take the capital items such as fire trucks and Public Works equipment to a ballot. Councilmember Bolkcom said when they talked to the Foundation, they talked about actually going out and doing a petition. She asked why that was not happening. Mr. Pribyl said state law created the ability to create the city charter. The city charter then actually stipulated referendum and recall. In referendum, it only allows the charter commission to initiate changes to the city charter. Mr. Knaak agreed. _ Councilmember Wolfe stated he was under the impression that this could not go on the ballot until the Foundation had signatures of 15 percent of the registered voters. Councilmember Billings stated it was his understanding when they left the meeting there would be a two-fold effort. The Springbrook Foundation would in fact start the initiative process which they have now been told was not a viable process but at the same time that the City would start this process. At this point in time, even though they had been having lengthy discussion, the only action before the City Council was to determine there was a need to possibly do this and to schedule a public hearing on August 25 to answer all the questions. Ms. Nancy Jorgenson, 5730 Polk Street N.E., Vice Chair of the Charter Commission, said that after the meeting she check the Charter to see if the citizens had the right to actually start a levy referendum and she found that Chapter 5 did not allow them to do that. She confirmed that with FRIDLEY CITY COUNCIL MEETING OF NLY 28, 2003 PAGE 24 Deb Skogen, the City Clerk. They also had legal counsel who told them the same thing. The Springbrook Natt�re Center Foundation Board was still going to be petitioning the people of Fridley to support the City Council on this levy referendum and other possible referendums that might come up. Councilmember Wolfe asked if the person doing the petition had to be a Fridley resident. Ms. Jorgenson replied if they were going to propose an amendment to the city charter or propose a new ordinance to the City Council, yes, the person circulating the petition would need to be a Fridley resident. Councilmember Wolfe stated but it did not affect it if they wanted to raise new taxes. Ms. Jorgenson replied, no, because they were just going to gather community support to assist in the process. Councilmember Bolkcom said that the money used for bumper stickers and signs did not come out of the City budget. It was actually from donations they are received. Ms. Jorgenson agreed and explained how they raised the money and what it was used for. Dr. Burns asked about the $56,000 raised by the Nature Center. Ms. Jorgenson stated it was coming in through the programs and some of the work the Foundation was doing. Councilmember Billings asked if that would show up recreation fees. Mr. Pribyl said it would. Councilmember Billings stated the $56,000 the Nature Center was contributing to the City was actually the recreation fees that the parents aze paying to the City of Fridley for certain programs, just as they pay fees for summer camp and after school activities and such. He said the $56,000 did not reduce the amount paid by every household to operate_ Springbrook Nature Center. The Nature Center was funded by state aid received by the City. Mr. Lenny Brandt, 190 Craigbrook Way, stated he has heard many misleading statements from the supporters of the Nature Center. He said it seemed to him that there were just as many people from outside the City who wanted to keep the Nature Center but did not want to fund it. They wanted to use the park for free. Ms. Jean Rosebrock, 5610 West Bavarian Pass, approached and stated she lived in Fridley for 17 years. In the 1950's she belonged to the League of Women Voters and she had to go to Council meetings. She also represented the League at the Metro Council. Her forte was transportation. It had taken a long time to get transportation. She said they had a jewel here. This park could not be put back if something was put in place of it. FRIDLEY CITY COLTNCIL MEETIlVG OF JULY 28, 2003 PAGE 25 Ms. Jorgenson said if they started to charge fees, it would also have to be put on as a referendum issue according to the Charter amendment to Chapter 7. If they were going to issue any new fees, it had to be approved by the voters. Mr. Brandt said the park was not aoing to close. It was going to be a park, just like any park in Fridley. It would be a nature park� MOTION by Councilmember Billings to adopt Resolution No. 33-2003. Seconded by ' Councilmember Bolkcom. . UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to receive the Policy Position from the Twin Cities North Chamber of Commerce. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. INFORMAL STATUS REPORTS. Mayor Lund he would be presenting a State of the City address on August 21, at 7 p.m., at the Fridley Senior High School auditorium. Mayor Lund said there would be a second 911 tribute on September 11, at 8:00 p.m. at the Fridley High School football stadium. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JULY 28, 2003, CITY COUNCIL MEETING ADJOURNED AT 11:05 P.M. Respectfully submitted, � • Denise M. Letendre Scott J. Lund Recording Secretary Mayor . / f CfTY OF FRIDLEY DATE TO AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2003 August 20, 2003 William W. Burns, City Manager �� FROM: Scott J. Hickok, Community Development Director SUBJECT: Old Business - Central Auto Parts — Special Use Permit Review INTRODUCTION Staff scheduled this item for Council review and potential revocation of the special use permit. The item was before the Council in a public hearing on July 14, 2003, which was continued to August 11, 2003. Central Auto Parts representatives have committed to improving the property to meet the City's Code requirements: At this time, staff recommends that the stipulations of both the 1973 and 1992 special use permits be combined (and further defined) and that the property owners be required to meet all standards within the timeframe outlined below. Note this timeframe has an adjustment at the end of the schedule. With that adjustment, all work to bring this property into compliance will be completed by the end of 2008. Both staff and the representatives for Central Auto Parts concur with this schedule. Further, Staff recommends an annual Council review to assure progress is being made in accordance with the agreed upon schedule. If not, staff recommends revocation of the Special Use Permit for Central Auto at the time. ELEMENTS OF RECOMMENDATION Timeframe for completion of improvements by Central Auto Parts, its owners, property owner, heirs, and assigns. ■ 1 st year (2003-2004) survey and finished site plan, including hard-surface parking/storage area with curb and gutter, landscape plans, grading and drainage plans; [progress to be reviewed March 2004] ■ 2nd year (2004-2005) city and watershed approvals of design; (note fencing, irrigation, and landscaping outside the fence also to be completed this year) [progress to be reviewed March 2005] 1 ■ 3rd year (2005-2006) first phase of grading, storm sewer piping, and storm water detention pond; [progress to be reviewed March 2006] ■ 4th year (2006-2007) first phase of installation of curb/gutters and paving; [progress to be reviewed March 2007] ■ Sth year (2007-2008) final phase of curb/gutters and paving. [Progress to be reviewed March 2008, with review again in 2009 for overall completion/compliance report] STAFF RECOMMENDATION Staff recommends the timeline outlined above and recommends a review of this Special Use Permit each March throughout the course of the timeline to assure adherenc'e to the schedule and compliance with the revised stipulations of the 1973 and 1982 Special Use Permits listed herein. 1973 Special Use Permit Stipulations 1.Building � shall be metal with brick veneer 2.Timetable for improvements � shall be submitted by the applicant and improvements to the property to be within one year after the street was improved (should be modified to state. Timetable for im�rovements shall be in accordance with staff schedule outlined in the minutes of the AuQUSt 25, 2003 meeting and this report dated August 20. 20031 3.Drainage problem � shall be taken care of as required in plan to be annroved during 2003-2004 timeframe 4. (could be combined with stipulation #3 of 1982 S.U.P. thereby eliminating the need for this stipulation) S.No cars s�e� shall be piled higher than the fence 6.No inoperable cars � shall be parked or stored outside the fence 7.Licensing shall be required -��"'�° -�°�a�a and the applicant shall �e-meet requirements of license procedure. 1982 Special Use Permit Stipulations 8. (not a legal stipulation, S.U:P. to run with land unless revoked, Therefore, stipulation should be removed) 9.Driveways or limited access shall be authorized onto �3�-a� 73 1/2 Avenue. The 3 access �oints that currently exist are permitted. No additional access to 73rd shall be permitted. lO.Solid screening fence shall be placed completely around property and fence shall be improved by being painted or constructed of an acceptable color-fast material and shall be uniform in size 11. Additional landscaping shall be placed along the screening fence on 73 %Z Ave. An overall site/ landscape plan shall be submitted bv the propertv owner and anproved by staff in accordance with the 2003-2004 timeframe defined herein. 12.Concrete driveways shall extend�rg a minimum of 10 feet beyond the screening fence into property from the street. � 0 13. A surface drainage plan shall be developed to ensure protection of Norton Creek of pollution and contamination. An overall �rading and draina�e plan shall be submitted bv the pro�ertv owner and anvroved by staff in accordance with the 2003-2004 timeframe defined herein. 14. "++'�° �� °��'��+��, ��"'°-' Underground sprinkling, driveways, and parking to comply with our Zoning Code requirements and be installed in accordance with the 2006 —2008 timeframe defined herein. 3 � � cmr oF FRIDLEY Date t�:! AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2003 August 21, 2003 William Burns, City Manager�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Amendment to the Sign Plan for the East Moore Lake Shopping Plaza M-03-123 INTRODUCTION Quality Growth LTD, the owners of the East Moore Lake Shopping Plaza located at 1250 E. Moore Lake Drive are requesting an amendment to their sign place. A comprehensive sign plan has been in affect for this property since 1988 and there have been two amendments since that ti�ne. SUMMARY Code Section 214.14, requires shopping centers and multiple tenant buildings to have a comprehensive sign plan approved by the City. The purpose of this requirement is to assure that centers have well planned, aesthetically pleasing, and consistent appearance. The amendment will simply allow the vertical dimension of a wall sign to be increase to a maximum of 32 inches versus 24 inches. The proposed sign plan amendment meets all the City's criteria and will allow the existing and proposed tenants better visibility from motorists on E. Moore Lake Drive. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed amendment to the comp�ehensive sign plan for the East Moore Lake Shopping Plaza, which is located at 1250 E. Moore Lake Drive. �� GTY OF FRIDLEY � T�: FROM: DATE: SUBJECT n AGENDA ITEM CITY COUNCIL MEETiNG OF AUGUST 25, 2003 William W. Burns, City Manager �� .� � Jon H. Haukaas, Public Works Director August 20, 2003 AT&T Monopole Installation and Lease at Recycling Center PW03-078 AT&T Wireless Services is proposing to construct a 125-ft monopole in the southeast corner of the City owned property currently used for the recycling center. The lease site measures 30 ft by 30 ft plus access and utility easements north to 71�` Avenue. The lease agreement requires a monthly payment of $1,350 for up to nine antennas in three arrays, and requires an additional $100 per month for each additional antenna. This rent will be increased annually by an amount equal to the CPI, but not less than 5%. The term of the lease is 5 years with the option to extend the lease for four additional periods of 5 yeazs each. The lease agreement will commence upon the start of construction or December 1, 2003, whichever is sooner. The Lease Agreement and Memorandum of Lease have been reviewed by staii and the City Attorney and is consistent with previous lease agreements. Recommend the City Council approve the lease agreement between the City of Fridley and AT&T Wireless Services as presented. JHH:cz Attachments 5 r TOV'VER SITE LEASE AGREEMENT BETWEEN 0 THE CITY OF FRIDLEY, MINNESOTA AND AT&T WIRELESS SERVICES OF 0 MINNESOTA, INC. � 1 6 TOWER SITE LEASE AGREEMENT THIS TOWER SITE LEASE AGREEMENT ("Lease") is made and entered into as of the day of , 2003, by and between the City of Fridley, a municipal corporation ("Landlord"), and AT&T Wireless Services of Minnesota, Inc, a Nevada cotporation, d/b/a AT&T Wireless ("Tenant"). AGREEMEi�1TS 1. PRENIISES Landlord owns certain property legally described on exhibit A("Property"). Landlord leases to tenant, and tenant leases from Landlord, the portion of the Property legally described on Eachibit `B" ("Premises"). Landlord also grants Tenant the access Easement and Utility Easement described in Secrion 5 of this Lease on, over, under and upon the adjacent land of Landlord. 2. USE The Premises will be used for the purpose of installing, constructing, maintaining, repairing, operating, altering, inspecting, expanding, adding to and removing TenanYs communications equipment, including, but not limited to the following: 2.1 Any and all antenna(s), dish(es) and/or grids as Tenant may deem appropriate, and Emergencv 911 Service antennas and related cabling and equipment. 2.2 Transmission lines and mounting and grounding hardware. 2.3 A concrete pad and a communications equipment ("Communication Cabinet'� containing, without limitation, telecommunications equipment consisting of base station(s), wireless communication equipment, switch(es), power supply(ies), battery(ies), and accessories. 2.4 An emergency generator to be located, at tenant's option, within the communication shelter, adjacent to the Communications Shelter or within a separate shelter adjacent to the Communications Shelter. The fuel tank for the generator (gasoline, diesel, butane, propane, LPG or other) may be located either inside or outside the shelter(s), in accordance with applicable building codes. 2.5 A communicarions tower and related guide lines and lights (the "Tower"). For the purpose of this Lease, all of TenanYs equipment, antennas, dishes, lines, switches, power supplies, batteries, Communications Equipment, generator, generator shelter, Tower, accessories, and the necessary appurtenances will be referred to herein collectively as the "Communications Facility". The above-described concrete pad, Communications Equipment, equipment contained therein, generator, and lines and equipment may be installed by Tenant or by any of TenanYs agents or contractors. Tenant has the right to make alterations to the Communicarions Facility from time to time as Tenant determines to be necessary or desirable. The installation of any addition to the Communications Facility, or other equipment or property owned by Tenant that is intended to be located on the Premises, shall not occur without the prior notice to and approval of the Landlord, which shall not be unreasonably withheld, condirioned or delayed without reasonable cause stated to the Tenant in writing. 2 7 3. TERI�i 3.1. Primary Term. The primary term ("Primary Term") of this Lease will be for five years (5) years, will commence on December 1, 2003 or upon construction whichever is sooner ("Commencement Date") and wilt terminate at 11:59 p.m. on unless sooner terminated as provided herein. 3.2. Extended Term Tenant is granted the option to extend the Primary term of this Lease for four (4) additional periods of five (5) years each ("Extended Term"), provided Tenant is not then in default under this Lease. Each of Tenant's options to extend will be deemed automatically exercised without any acrion by either party unless Tenant gives written norice of its decision not to exercise any oprion(s) to Landlord before expirarion of the then current term. 4. RENT Tenant agrees to pay rent to Landlord monthly in advance beginning on the Commencement date an amount equal to one thousand three hundred fifty dollars ($1,350.00) for attaching up to nine antennas in three arrays to the tower and one hundred dollars ($100) for attaching each additional antenna to the tower, which base amount will be increased annually by an amount equal to the increase in the Consumer Price Index (CPI), but by no less than five percent (5%). The CPI shall mean the "Consumer Price Index" for All Urban consumers, All Cities, All Items (1984=100%), as published by the United States Department of Labor statistics, or if such index shall be discontinued, the successor index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under the CPI adjuster, the annualiz�d rental for previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to�a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent. Rent will be paid to Landlord at its address designated in Section 8. 5. ACCESS AND UTII.ITIES Subject to prior review and approval by Landlord of drafted plans or designs for access over any such lands, rights-of-way or easements, which approval shall not be unreasonably delayed, conditioned or withheld, Landlord grants to Tenant, for use by Tenant, its employees, agents contractors and by utility companies, an easement and license over, under, upon and across the adjoining lands of Landlord, and rights-of-way or easements owned or leased by Landlord, on a twenty-four (24) hour daily basis, for (i) ingress and egress to and from the Premises and the Communications Facility (the "Access Easement"), and (ii) the installation, operation and maintenance of necessary utilities for the Premises and the Communications Facility (the "Utility Easement"). If reasonable in Tenant's opinion, such Access Easement and Utility Easement will be over and lie within existing roads, parking lots and/or roads hereafter established by Tenant. Tenant may improve the Access Easement by grading, graveling and/or paving. The Access Easement, to the extent further identified, is more particularly described on Exhibit C, and the Utility Easement, to the extent further identified and not lying within the Access Easement, is more particularly described on Exhibit D. Tenant will notify Landlord of any change in the particular location of any Access Easement or Utility easement, if such differs from the descriptions on Exhibit C and D hereto. � 6. UTII.IT'IES Tenant will be solely responsible for and promptly pay all charges for gas, electricity, telephone service, or any other urility used or consumed by Tenant on the Premises. if necessary, Tenant will have a meter installed at the Premises for Tenant's utility use, and the cost of such meter and of installation, maintenance, and repair thereof will be paid for by Tenant. Tenant may install or improve existing utilities servicing the Communications Facility and mayinstall an electrical grounding system or improve any existing electrical grounding system to provide the greatest possible protection from lightning damage to the Communicarions Facility. 7. HOLDING OVER If Tenant holds possession of the Premises or any portion thereof after the date upon which the Premises are to be surrendered, Tenant will become a tenant on a month-to-month basis upon all the terms, covenants, and conditions of this Lease except those pertaining to the Lease term and, during any such month-to-month tenancy, Tenant will pay monthly rent as per Section 4. Tenant will continue occupying the Premises from month-to-month until terminated by Landlord or Tenant by the giving of thirty (30) days' prior written norice to the other. 8. NOTICE All notices or demands are deemed to have been given or made when delivered in person or mailed by certified, registered, or express mail, return receipt requested, postage prepaid, United States mail, and addressed to the applicable party as follows: Landlord: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Attention: City Manager Phone #: 612-572-3506 Fax #: 612-571-1287 Tenant: AT&T Wireless Attn: Lease Administration Re: Cell Site ID: MPLSMN1186, 73'� and University 2729 Prospect Pazk Drive Rancho Cordova, CA 95670 With a copy to: AT&T Wireless Attn: Legal Department Re: Cell Site ID: MPLSMN1186, 73'� and University 2729 Prospect Park Drive Rancho Cordova, CA 95670 A party may change its address to which any notice or demand may be given by written norice thereof to the other party. 9. LIABILITY AND INDEIVIl�TITY Tenant agrees to indemnify and save the Landlord harmless from all claims (including costs and expenses of defending against such claims) arising from any breach of this Lease by tenant, or any 4 9 negligent act, negligent omission or intentional tort of Tenant or Tenant's agents, employees, contractors, invitees or licensees occurring during the term of this Lease in or about the Premises. Landlord agrees to indemnify and save Tenant harmless from all claims (including costs or expenses of defending against such claims) arising from any breach of this Lease by Landlord, or any negligent act, negligent omission or intentional tort of Landlord or Landlord's agents, employees, contractors, invitees, licensees. The provisions of this Section 9 will survive the termination of this Lease. 10. TERl�i iATION 10.1. In addition to the right to terminate granted in Section 11 of this Lease, Tenant has the right to terminate this Lease at any time upon any of the following events: 10.1.1. Upon providing Landlord ninety (90) days prior written norice; or 10.1.2. If the approval of any agency, boazd, court, or other governmental authority necessary for the construction and/or operarion of the Communications Faciliry cannot be obtained, or is revoked, or if Tenant determines the cost of obtaining such approval is prohibitive; or 10.1.3. If Tenant determines that the Premises aze not appropriate for locating the Communications Facility for technological reasons, including, but not limited to, signal interference. 10.2. Tenant will give Landlord thirty (30) days written notice of termination of this Lease under the terms of secrion 10.1.1. and 10.1.3. above. Upon termination, neither party will owe any furkher obligations under this Lease except for the indemnities and hold harmless provisions in this Lease, the provisions of Section 20 of this Lease, the prompt reimbursement of pro-rata prepaid rent and Tenant's responsibility for removing all of the Communications Facility from the Premises and restoring the Premises to its condition as of the commencement date of this Lease, as near as practicable (save and except the portion of the foundarion for the tower below three (3) feet below grade and anv undergroand utilities). 11. DEFAULT If Tenant fails to comply with any material provision of this Lease, including, without limitation, failure to maintain the Premises and the Communications Facility in a manner consistent with public health and safety or causing or permitting a nuisance on the Premises, and such failure is not cured within thirty (30) days after receipt of written notice thereof from Landlord, Landlord may, at its option, terminate this Lease without affecting its right to sue for all past due rentals and any other damages to which Landlord may be enritled. If any such default cannot reasonably be cured within thirty (30) days, Tenant will not be deemed to be in default under this Lease if Tenant commences curing such default within the thirty (30) day period and thereafter diligently pursues such cure to completion. If Landlord is entitled to collect damages or otherwise remedy such default, and if Landlord seeks enforcement of its rights through an attorney or other legal procedures, Landlord is entitled to collect, in addition to any other amounts owed, is reasonable costs and attomeys' fees thereby incurred. If Landlord fails to comply with any material provision of this Lease, and such failure is not cured within thirty (30) days after receipt of written notice thereof from Tenant, Tenant may, at its option, cure the failure at Landlord's expense (which expense may, at Tenant's option, be deducted from tent) or terminate this Lease without affecting its right to demand, sue for, and collect all of its damages arising out of Landlord's failure to comply. If any such default cannot reasonably be cured within thirty (30) days, Landlord will not be deemed to be in default under this Lease if Landlord commences curing such default within the thirty (30) day period and thereafter diligently pursues such cure to completion. If 5 10 Tenant is entitled to collect damages or otherwise remedy said default, and if Tenant seeks enforcement of its rights through an attorney or other legal procedures, Tenant is entitled to collect, in addition to any other amounts owed, its reasonable costs and attorneys' fees thereby incurred. The rights and remedies stated in this Lease are not exclusive and the parties, in the event of a breach of this Lease or a dispute, are entitled to pursue any of the remedies provided in this Lease, by law, or by equity. No course of dealing between the parties or any delay on the part of a party to exercise any right it may have under this Lease will operate as a waiver of any of the rights provided hereunder or by law or equity, nor will any waiver of any prior default operate as the waiver of any subsequent default, and no express waiver will affect any term or condition other than the one specified in such waiver and the express waiver will apply only for the time and manner specifically stated. 12. TAXES Unless separately billed to tenant by a taxing authority, Tenant will pay annually to Landlord an amount equal to any increase in real estate taxes attributable to any improvement to the Premises made by Tenant. Tenant will pay to Landlord Tenant's share of any such tax within sixty (60) days of receipt of sufficient documentation indicating calculation of Tenant's share and payment of the real estate taxes by Landlord. Landlord must pay annually when due all real estate taxes and assessments attributable to the Premises, the Access Easement, the Utility Easement, and the tax lot(s) of which they are a part. Upon written request by Tenant, Landlord will furnish evidence of payment of such assessments and taxes. 13. INSURANCE 13.1. Required Insurance of Tenant To insure against, among other events, structural failure of the tower, Tenant must, during the term of this Lease and at Tenant's sole expense, obtain and keep in force, not less than the following insurance: 13.1.1. Property insurance, including coverage for fire, extended coverage, vandalism and malicious mischief, upon the Communications Facility in an amount not less than ninety percent (90%) of the full replacement cost of the Communicarions Facility; 13.1.2. Commercial General Liability insuring operations hazard, independent contractor hazard, contractual liability, and products and completed operations liability, in limits not less than $2,500,000 combined single limit for each occurrence for bodily injury, personal injury and property damage liability, naming Landlord as an additional insured; and 13.1.3. Workers' Compensation and Employer's Liability insurance. 13.2. Required Insurance of Landlord Landlord must, during the term of this Lease and at Landlord's sole expense, obtain and keep in force, the following insurance: 13.2.1. Property insurance, including coverage for fire, extended coverage, vandalism and malicious mischief on the site, in an amount not less than 90% of the full replacement cost of the Site (excluding, however, the Communications Facility); and 6 11 13.2.2. Commercial General Liability insuring operations hazard, independent contractor hazard, contractual liability and products and completed operations liability, in limits not less than $600,000 combined single limit for each occurrence for bodily injury and property damage liability, naming Tenant as an additional insured. 13.3. Policies of Insurance Tenant's required insurance policies must be taken out with reputable national insurers that are licensed to do business in the jurisdicrion where the Premises are located., Landlord's required insurance policies must be taken out with the League of Minnesota Cities Insurance Trust. Each party will deliver certificates of insurance to the other party upon request. All policies must contain an undertaking by the insurers to notify the other party in writing not less than fifteen (15) days before any material change, reduction in coverage, cancellation, or termination of the insurance. 14. (RESERVED) 15. FIXTURES Landlord covenants and agrees that no part of the improvements installed, constructed, erected or placed by Tenant on the Premises or other real property owned by Landlord will be or become, or be considered as being, affixed to or a part of Landlord's real properiy; and any and all such provisions and principles of law to the contrary notwithstanding, it is the specific intention of Landlord to covenant and agree hereby that all personal property and improvements of every lcind and nature installed, constcucted, erected, or placed by Tenant on the Premises, or other real property owned or leased by Lar�dlord, will be and remain the property of Tenant despite any default or termination of this Lease and may be removed by Tenant any time in Tenant's discretion provided that Tenant at its expense restores the Premises pursuant to Section 10.2. 16. MEMORANDUM OF AGREEMENT After prepararion of the legal descriptions of the Premises, Access Easement and Utility Easement, each party, at the request of the other, will sign a Memorandum of Lease and easements. Tenant, at its sold expense, may record the Memorandum of Lease and Easements in the land records of the recording office(s) responsible for notice purposes. 17. ASSIGNMENT AND SUBLETTING BY TENANT Tenant shall have the right to sublease or assign its rights under this Lease by giving notice to Landlord in the manner described in Section 8. 18. PERNIITS Landlord aclrnowledges that Tenant will be contacting the appropriate local governmental agencies for the purposes of obtaining all building permits and approvals, zoning changes and/or approvals, variances, use permits, and other governmental permits and approvals (collectively, "Permits") necessary for the installation, construction, operation and maintenance of the Communications Facility. Landlord agrees to fully cooperate with tenant in obtaining the Permits and, without limiting the generality of the foregoing, to execute any applicarions, maps, certificates or other documents that may be required in connection with the Permits. 7 12 19. DEBT SECURITY Tenant may, without Landlord's consent, pledge, mortgage, convey by deed of �ust or security deed, assign, create a security interest in, or otherwise execute and delivery any and all instruments for the purpose of securing bona fide indebtedness any or all of Tenant's interest in this Lease, or any part thereof, and any and all of Tenant's right, title, and interest in and to any and all of the Communicarions Facility. Promptly on Tenant's or Tenant's lender's request, Landlord shall execute and deliver, and shall assist in facilitating the execution and delivery of, all documents requested by any of Tenant's lenders including but not limited to waivers of Landlord's right to levy or distrain upon for rent any of tenant's property given as security for a debt, consents that none of the Communications Facility shall become fixtures, consents to giving notice to Tenant's lender(s) in the event of tenant's default under the provisions of this Lease, consents to tenant's assignment to any lender(s) of any and all of tenant's interest in or to this Lease and the Communications Facility and nondisturbance agreements from Landlord and Landlord's lenders. Tenant shall reimburse Landlord for any reasonable costs incurred in the execution and delivery of any documents, as well as any other expenses resulting from an obligation incurred as the result of this Section. 20. ENVIRONMENTAL MATTERS Landlord represents that, to the best of its lrnowledge, the Premises, Access Easement and Utility Easement and any existing improvements thereon, are free of hazardous substances, toxic substances and/or contamination (collecrively, "Hazardous Substances"). Landlord agrees that it will not introduce or use any Hazardous Substances on the Site in violarion of any applicable law. Tenant and Landlord will indemnify, protect, defend and hold harmless the other &om and against all claims, suits, actions, causes of action, assessments, losses, penalties, costs, damages and expenses, includ'mg, without limitation, attorneys' fees, sustained or incurred by the other pursuant to any federal, state or local laws, . implementing regulations, common law or otherwise dealing with matters relating to Hazardous Substances released by Tenant or Landlord in, upon or beneath the Premises, Access Easement or Utility Easement. , 21. FENCES During the Primary Term and each Extended Term, Tenant may fence in that portion of the Premises as Tenant determines is reasonable for the proper and efficient operarion and protection of the Communications Facility, upon review and approval by Landlord of plans for such fence, which approval will not be unreasonably withheld, conditioned or delayed. . 22. TITI.E Landlord represents and warrants to Tenant that Landlord has good and marketable title to the Premises, Access Easement and Utility Easement, free and clear of alI liens, encumbrances and exceptions, except those described in Exhibit E attached hereto, of duration and quality equal to that conveyed to Tenant by this Lease. Landlord shall warrant and defend the same to Tenant against the claims and demands of all persons and entiries. 23. CONDEMNATION OF PREMISES If any governmental, public body or other condemning authority takes, or if Landlord transfers in lieu of such taking, all or part of the Premises, Access Easement or Utility Easement thereby m�cing it physically or financially infeasible for the Premises to be used in the manner intended by the Lease, 13 Tenant shall have the right to terminate this Lease effective as of the date of the taking by the condemning party and the rental shall be prorated appropriately. If only a portion of the Premises, Access Easement or Utility Easement is taken, and Tenant does not elect to terminate this Lease under this provision, then the Lease shall continue but rental payments provided under this Lease shall atate proportionately as to the portion taken which is not then usable by Tenant, and Landlord shall make all necessary repairs and alterations to restore the portion of the Premises, Access Easement and Utility Easement remaining to as near their former condition as circumstances will permit (at a cost not to exceed Landlord's proceeds from said condemnation or transfer). In the event of any condemnation, taking or conveyance in lieu thereof which results in a termination of the Lease, Landlord will not be entitled to that portion, if any, of an award made to or for the benefit of Tenant for loss of Tenant's property, moving expenses, or for damages for cessaton or interruption of Tenant's business. 24. QiTIET ENJOYMENT Landlord covenants that Tenant, up� paying the rent and observing the other covenants and conditions herein upon its part to be observed, will peaceably and quietly hold and enjoy the right to use the Premises, Access Easement and Utility Easement on the terms and conditions and for the purposes stated herein during the term of this Lease, as it may be extended, without hindrance, ejection or molestation by Landlord or any person(s) or entity(ies) claiming under the Landlord. 25. CONTINGENCIES Not anything contained herein to the contrary, and in addition to and not in limitation of Tenant's other rights hereunder, it is expressly agreed that Tenant's obligations under this Lease are conditioned upon: 25.1. TenanYs satisfaction with the status of title to the Premises and, at Tenant's option, Tenant's receipt of a leasehold ritle insurance policy insuring its leasehold interest in the Premises, in form and substance satisfactory to Tenant. Landlord shall execute the standard form of title company affidavit in order to enable Tenant to obtain title insurance on the Premises free and clear of all exceprions other than those which have been disclosed in writing to Tenant and which do not interfere with tenant's use of the Premises; and 25.2. Tenant's satisfaction, in its sole and absolute discretion, with the feasibility of engineering, installing, constructing and operating the Communication's Facility: Tenant's receipt of all necessary or appropriate _building and construction permits and all licenses, permits, approvals and consents from all applicable governmental authorities necessary or appropriate for Tenant to use and operate the Communication's Facility on the Premises. Tenant is hereby given the right to survey; soil test; radio coverage test, and to conduct any other investigations needed to determine if the surface and location of the Premises are suitable for Tenant's use intended by this Lease. 14 26. INTERFERENCE Landlord will not permit or suffer the installation, existence and maintenance of any other improvement (including, without limitation, transmission or reception devices) upon the Property if such improvement interferes with transmission or receprion by Lessee's Communications Facility in any manner whatsoever, except installation, existence and maintenance by the Landlord of facilities or equipment associated with the maintenance and operation of municipal utilities or other municipal services at the site. 27. ITEMS TO BE DELIVERED TO TENANT Within ten (10) days following a request from Tenant, Landlord shall, to the extent available, deliver to Tenant an accurate copy of all, environmental audits relating to the Premises. 28. CONIPLIANCE Landlord represents and wamants that all operations conducted by Landlord in connection with the Property meet all applicable state, federal, county and local codes and regulations. Landlord agrees that it will conduct its operations in the future in accordance with all such codes, mortgage, deed of trust or other instrument encumbering the Property in order for Tenant to construct, operate, maintain or access the Communications Facility. During the term of this Lease, tenant will comply with all applicable laws relating to Tenant's use of the Premises. Tenant will not commit or suffer to be committed any waste on the Premises or any nwsance. 29. LIENS Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant and shall indemnify, defend and hold Landlord harmless from all claims, costs and liabilities, including reasonable attorneys' fees and costs, in connection with or arising out of any such lien or claim of lien. Tenant shall cause any such lien imposed on the Premises to be released of record by payment or posting of a proper bond within thirty (30) days after written request by Landlord.. 30. CASUALTY Landlord will provide norice to Tenant of any casualty affecting the Property within fort}Feight (48) hours or as soon thereafter as practicable of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determinarion, then Tenant may terminate this Agreement by providing written norice to the Landlord, which termination will be effective as of the date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. 31. SUBORDINATION Tenant agrees that this Lease shall be subject and subordinate to any mortgages or deeds of trust now or hereafter placed upon the Premises and to all modifications thereto, provided that Tenant's possession of the Premises shall not be disturbed so long as Tenant continues to perform its duties and obligations under this Lease and Tenant's obligation to perform such duties and obligations shall not be in 10 15 any way increased or its rights diminished by the provisions of this paragraph. Tenant agrees to attom to the mortgagee, trustee or beneficiary under any such mortgage or deed of trust, and to the purchaser in a sale pursuant to the foreclosure thereof; provided that Tenant's possession of the Premises shall not be disturbed so long as Tenant shall continue to perform its duties and obligations under this Lease. 32. ENTIRE AGREEMENT AND BINDING EFFECT This Lease and any attached exhibits and nondisturbance and attornment agreement(s) mentioning this Lease, constitute the entire agreement between Landlord and Tenant; no prior written promises or prior contemporaneous or subsequent oral promises or representations will be binding. This Lease will not be amended or changed except by written instrument signed by the parties hereto. Section captions herein are for convenience of reference only and neither limit nor amplify the provisions of this Lease. The invalidity of any portion of this Lease shall not have any effect on the balance thereof. The provisions of this Lease shall be binding upon and inure to the benefit of the heirs, esecutors, administrators, successors, and assigns of Landlord and Tenant. 33. GOVERNING LAW This Lease shall be govemed by the laws of the state in which the Premises are located. IN WITNESS WHEREOF, Landlord and tenant have signed this Lease as of the date and year first above written. TENANT: LANDLORD: AT&T WIRELESS SERVICES OF MIl�iNESOTA. INC.. TI� CITY OF FRIDLEY. NIDVNESOTA a Nevada cornoration, d/b/a AT&T WIItELESS By: - fC� sy: R Name: SCOIT A ROOT Name: Title: Mp�rn� tiuwnc� Title: Date: ��t D � ?j' Date: Federal Tax Identification Number 41-6007700 11 16 Eghibit A Property The property is legally defined as the East 600 feet of the Southeast Quarter of the Southwest Quarter (SE '/. SW'/.) of Section Eleven (11), Township thirty (30), Range twenty-four (24) except the North Fifty (50) feet thereof, and except the South Four Hundred (400) Feet thereof. Commonly described as 400-71" Avenue Northeast, City of Fridley, County of Anoka, State of Minnesota. Tax ID: 1130243400U3 See also attached set of plans. 12 17 . Eghibit B Premises Proposed Lease Area: That part of the East Six Hundred (600) feet of the Southeast Quarter of the Southwest Quarter (SE '/. SW '/.) of Section Eleven (11), Township Thirty (30), Range Twenty-Four (24) except the north Fifty (50) feet thereof, and except the South Four Hundred (400) Feet thereof. Described as: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter, thence North 1 degree 03 minutes 14 seconds West, on an assumed bearing, along the East line of said Southeast Quarter of the Southwest Quarter a dist of 1047.03 feet; thence South 88 degrees 58 minutes 48 seconds West at right angles to said East Line, a distance of 383.85 to the point of beginning of the tract if land to be described; thence North 90 degrees 00 minutes 00 seconds West a distance of 30.00 feet; thence South 0 degrees 00 minutes 00 seconds East a distance of 30.00 feet; thence North 90 degrees, 00 minutes East a distance of 30 feet; thence North 0 degrees 00 minutes 00 seconds East a distance of 30 feet to the point of beginning. See also attached set of plans. 13 18 � Eghibit C Access Easement A 15.00 foot wide access easement for ingress and egress purpose over, under and across that part of: The East 600 feet of the Southeast Quarter of the Southwest Quarter (SE '/< SW '/o) of Section Eleven (11), Township thirty (30), Range twenty-four (24) except the North Fifty (50) feet thereof, and except the South Four Hundred (400) Feet thereof. Centerline of easement is described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence North 1 degree 03 minutes 14 seconds West, assumed bearing, along the East line of said Southeast Quarter of the Southwest Quarter a distance of 1047.03 feet; thence South 88 degrees 56 minutes 46 seconds West at right angles to said East line, a distance of 383.85 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 12.49 feet to the Point of Beginning of the centerline to be described; thence North 0 degrees 00 minutes 00 seconds East a distance of 25 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 27.50 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 27.50 feet; thence North 0 degrees 00 minutes 00 seconds East a distance of 42.49 feet; thence North OS degrees 41 minutes 33 seconds West a distance of 97.19 feet; thence North 00 degrees 04 minutes 45 seconds East a distance of 33.58 feet; thence North 89 degrees 55 minutes 15 seconds a distance of 197.75 feet to said West line of the East 600 feet and said centerline there terminating. The side lines of said easement are to be shortened or lengthened to intersect with the West line of the East 600 feet of the said Southeast Quarter of the Southwest Quarter. See also attached plan set. 14 19 Eahibit D Utility Easement An 8.00 foot wide utility easement over, under and across that part of: The East 600 feet of the Southeast Quarter of the Southwest Quarter (SE %. SW %) of Section Eleven (11), Township thirty (30), Range twenty-four (24) except the North Fifly (50) feet thereof, and except the South Four Hundred (400) Feet thereof. The centerline of said easement is described as follows: Commencing at the southeast comer of said Southeast Quarter of the Southwest Quarter; thence North 1 degree 03 minutes 14 seconds West, on an assumed bearing, along the East line of said Southeast Quarter of the Southwest Quarter of a distance of 1047.03 feet; thence South 88 degrees 56 minutes 48 seconds West at right angles to said East line a distance of 383.85 feet ; thence North 90 degrees 00 minutes 00 seconds West a distance of 4.00 feet to the point of beginning at the centerline to be described; thence North 00 degrees 00 minutes 00 seconds East a distance of 23.05 feet; thence North 1 degree 06 minutes 02 seconds West a distance of 150.05 feet; thence North 89 degrees 55 minutes 15 seconds West a distance of 47.74 feet and said centerline there terminating. See also attached set of plans. 15 2� None lrnown Eahibit E Liens, encnmbrances and egceptions Z'� � Prepared bv • Julie Plante 3408 Park Terr Mpls.. MN 55406 Return to: AT&T Wireless Attn.: Lease Administration 2729 Prospect Pazk Drive Rancho Cordova, CA 95670, Cell Site No.: MPLSMN1186 State: NI'innesota County: Anoka MEMORAllTDUM OF LEASE This Memorandum of Lease is entered into on this day of between the City of Fridley, a municipal corporation (hereinafter referred to Wireless Services of Minnesota, Inc, a Nevada corporation, d/b/a AT&T Wireless "Tenant"). , 2003, by and �s "Landlord'�, and AT&T (hereinafter referred to as 1. Landlord and Tenant entered into a certain Lease Agreement ("Agreement") on the day of _ , 2003, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing aze set forth in the Agreement. 2. The term of the Agreement is for an Initial Term of five (5) years commencing on the date that Tenant commences const�uction and ending on the last day of the month in which the fifth (Sth) anniversary of the Commencement Date occurs, with five (S) successive five (5) year options to renew. 3. Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located at 400 — 71" Ave, in the County of Anoka, State of Minnesota (collectively, the "Property"), as described on the attached Exhibit 1. The portion of the land being leased to Tenant (the "Premises") is described on the attached Ezhibit 2. � 4. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. ZZ � IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. "LANDLORD" City of Fridlev :�y: �t Name: � � � te: TENANT ACKNOWLEDGMENT STATE OF I�� 1(1DI h ) ) ss: COUNTY OF �u.PQA � � "TENANT" AT&T Wireless Services of Minnesota. Inc.. a Nevada co oration By: - Print Name: _ K�1 Its: (1`rl �Or� Q,(1LL�K Date: �! - 4 On the � day of 2003, before me personally appeared �Cp� �� , and acknowledged under oath that he is the ��'1 r. of ,�T;`T (�i rp�1 hS , the corporation named in the attached instrument, and as such was auth rized to execute this instnunent on behalf of the Of� "OFFICIAL SEAL" � � CINDI SODERLUND Notary Public: NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10/23i2005 My Commission Expires: ( O LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA ) ) ss: COUNTY OF ANOKA ) I CERTIFY that on , 2003, representative] personally came before me and acknowledged under oath that he or she: (a) �) (c) is the Mayor of the City of Fridley, the corporation named in the attached instrument, was authorized to execute this instrument on behalf of the corporation and executed the instrument as the act of the corporation. Notary Public: My Commission Expires: 23 [name of r EXHIBIT 1 DESCRIPTION OF PROPERTY to ihe Agreement dated _, 2003, by and between the City of Fridley, a municipal corporaxion (hereinafter referred to as "Landlord"), and AT&T Wireless Services of Minnesota, Inc, a Nevada corporation, d/b/a AT&T Wireless (hereinafter referred to as "Tenant"). The Property is described as: E 600 FT OF SEl/4 OF SW1/4 OF SEC 11 T30 R24 EX N 50 FT TI�REOF & EX S 400 FT'THEREOF; SUBJ TO EASE OF REC PID: 113024340003 More commonly described as 400 — 71� Ave, in the City of Fridley, Count y of Anoka, State of Minnesota. 0 24 -�..�.�,....,�..�,�.��._� __---_ c 0 � � Ex�usiT 2 DESCRIPTION OF PREMISES to the Agreement dated . 200_, by and between the City of Fridley, a municipal corporation (hereinafter refened to as "Landlord"), and AT&T Wireless Services of Minnesota, Inc, a Nevada corporahon, d/b/a AT&T Wireless (hereinafter referred to as "Tenant"). The Premises is descrebed and/or depicted as follows: An azea of space approximately 30 feet by 30 feet 71� -�Y��S' 'enter ' 30 x 30 lease tract for AT&T 0 Telco Power Main entry for city Gate trucks Salt Shed 25 .� � The Site Survey prepar� ��o Rick Blom, Land Survey�Y, Minnesota. License Numb� 21 �29 John Oliver & Associates, Inc. Dated May 12, 2003 Project Number 24897-613 Drawing Number MPLSMN1186-BO1 Is hereby adopted by reference as a truer depiction of the pmposed lease site and easements .... _ _ . ,Tz..�.-��_.. ��T �� jET �l , �� i ,i a ti�� ij� i�j t; � f�� !' ##� �` , f � ��= 8�� =i �- • i ji ��' � ��I �� f€ �r� � �� i I� L� �' � +ii �, � . 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' . - . .. . \� ---pr- � � ' l � (/7 � � i �i �, W �-� �F i Z � ' O � � i � Z � I � i m � . � � � ------� 1 �� , �� , _ � i .�: f, t ' i I ='� �i � iS! � � �i � i�� i i � - i 1; s i Si � � rt „ �tst � •r�� i,;, 1$'` .ji � � .� t t,, i , � �R � �� j i � i � �t i =Ss Z � = � �. —�-- �� f (n � j i � ��3 , � i��!' � �i i� t F— J `—' 'St Z Q � r — _ . . . �11 � �� ; �„ � �, j � � o Y � , �x, i I � 0] QNs I � i'i ��j .'' ��5 j�;.! 4i s h r � � ' � �{i i II �� ' i , �� w ��' I f�� i� �� ' o � v , � � I--. � i� � � ' V s-�...� � '� � � � �_«� t . � w.rr�uw� Z � ; �s ..:.:.4;.� :,'.: _ I �1,; � I jj ± s i � �i i�it c I � � t !j+' p 11i� 1:i; a � � � Y I � �� . = W � � �t1 � O� � ± I I �--- ,ruru,� ...��..`....-- ---� --- Zn] i -w....�,...�.-. � - - - - - - - - - - --� - --------1---'--- i 3N ?nNSAY ,(.L/SY9AINn cr •oN .crrft��B xNntbt s�trls "��"�_"�"�C"�'��"��"�"��'��" I --.✓.r. �iNi+i'�.n+ i�� G r i i � � � i I ' � � I I � i 1 � , . x xrr+,. . -a*-w . . . . � N � � � � � < �� R z�� a � �' a�§� m ni � � N fA �� „ yo�, i�".. � i � � � 0 � � � CRY OF FRIDLEY Name Renee Long AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2003 Position Firefighter Non-exempt Exempt Appointment Starting Salary $15.92 per hour 2003 contract 2� Starting Date Sept. 2, 2003 Replaces Ronald Larson r ` CfIY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF AUGUST 25, 2003 APPOINTMENT TO COMMISSION Parks & Recreation Commission Dolores Varichak Term Expires: 4/01/05 28 � � � � � � � C1TY OF FRIDLEY - AGENDA ITEM COUNCIL MEETING OF AUGUST 25, 2003 CLAIMS 112881 -113062 29 - � � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2003 LICENSES Type of License MASSAG E Trent Nelson 4410 Lake Harriet Pkwy #202 Minneapolis, NIN 55410 ' Trent Nelson 30 Approved By: Public Safety - Fees: none 0 � . � ,� ; �: � i � ,� City of Fridley AGENDAITEM City Council Meeting Of Monday, August 25, 2003 � Electrical Tele Tech Communications Inc 3612 Fillmore St NE Morris Fraenkel Minneapolis MN 55418- Gas Services Dales Heating & Air LLC 14995 Edgewater Rd NE Dale Kirchberg Pine City MN 55063-5643 Fireside Hearth & Home/Allied Fireside 2700 N Fairview Ave Kirk Sorenson Roseville MN 55113-0847 Horwitz Inc 8825 Xylon Ave N Bill Schiferli Brooklyn Park MN 55445- General Contractor-Commercial Brama Tom Construction 1284 Norton Ave NE Tom Brama Fridley MN 55432- Independent School District #14 6000 W Moore Lk Dr NE Duane Knealing Fridley MN 55432- General Contractor-Residential Affordable Concepts Inc (20276331) 5738 Nicollet Ave S Matt Wallman Minneapolis MN 55419- 31 Approved By: State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN � Champion Patio Rooms of Mpis LLC (20368359) 7155 W Commerce Circle NE John Hasapopoulos Fridiey MN 55432- Cities Home Improvement Co Inc (20076414) 640 Mendelssohn Ave N Mike Schneider Golden Valley MN 55427- Heiwig Daniel A Contractor (20176351) 13180 Red Fox Rd Daniel Helwig Rogers MN 55374 Ives Enterprises Inc (6478) 2945 140 Ave NE Dennis Boisvert Ham Lake MN 55304 MIC-GJ 1369 Lakeside Dr Greg Johnson Eagan MN 56123- Norvvest Contractors Inc (20159473) 8469 Zanzibar LN N Thomas Hirsch Maple Grove MN 55311- Oak Tree Home Improvement (20336099) 2548 Flandrau St Thomas Barker Maplewood MN 55109- Straight Line Construction Inc (Pending) 13033 Ridgedale Dr #152 Matt Witt Minnetonka MN 55305- US Restoration Contractors Inc (20325484) 93 W Little Canada Rd STE 103 Stuart Helgason Little Canada MN 55117- Heatinq Dales Heating & Air LLC 14995 Edgewater Rd NE Dale Kirchberg Pine City MN 55063-5643 32 Approved BV: State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official � � � � � Horvvitz Inc 8825 Xylon Ave N Brooklyn Park MN 55445- Quality Refrigeration Inc 6237 Penn Ave S #100 Richfield MN 55423- Plumbinq Deans Professional Plumbing 20080 Dassel Lane Corcoran MN 55374 Siqn Erector Install Thisl Awning 8 Sign Co 5345 4 St N Brooklyn Center MN 55430- � Bill Schiferli Robert Forder Dean Adelman Paul Mil�er 33 Approved By: Ron Julkowski Building Official Ron Julkowski Building Official State of MN Ron Julkowski Building Official - � � ClTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2003 ESTI MATES Creative Curb Contractars LLC 64358 — 375�' Street Watkins, MN 55389 2003 Miscellaneous Concrete Repair Project No. 351 Estimate No. 2 ....................................... - 34 ............................... $ 8,74933 � � � r � CTfY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2003 William R%. Burns, City Manager � Richard D. Pribyl, Finance Directar Debra A. Skogen, City Clerk August 20, 2003 PUBLIC HEARING TO TAKE TESTIMONY IN REGARD TO LEVYING A TAX IN EXCESS OF THE INDEX PROVIDED IN THE CITY CHARTER The city charter places a limit on the amount of annual increase that can be levied in property taxes. It identifies an index by which the annual increase in tax levy is measured. Due to severe reductions to state aids resulting from the last legislative session, sweeping changes were recommended to the 2004 City Budget. One of those changes was to eliminate the programming at the Springbrook Nature Center. It appears a number of people would like to se the programming for the Nature Center continue and would be willing to pay additional tax dollars for it. To levy the needed taxes for the Nature Center, it would require us to use the process identified in the charter to levy the additional funding. With this resolution we would be following the stipulations outlined in Section 7.02.02 of the Fridley City Charter regarding levying a tax in excess of the limit provided for under 7.02.01. We will be following the following time line: July 25, 2003 Notice of Public Hearing sent to Fridley Focus July 28, 2003 Adopt Resolution Declaring Necessity for Additional T� Levy and Specifying Purpose of Levy July 31, 2003 August 7, 2003 August 14, 2003 Publish Notice of Hearing (per City Charter) August 25, 2003 Hold Public Hearing August 25, 2003 Adopt Resolution Calling for Election and Ballot Question (resolution must be adopted by at least a 4/5's vote). August 25, 2003 Adopt a Preliminary Tax Levy for 2004 August 25, 2003 Adopt a Preliminary Budget for 2004 November 4, 2003 Election — Levy shall only take effect with 51 % of the votes cast in favor of the question. 35 � � CXiY OF FRIDLEY TO: FRONI: AGENDA ITEM COUNCIL MEETING OF AUGUST 25, 2003 WILLIAM W. BURNS, CITY MANAGER y� /� RICHARD D. PRIBYL, FINANCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK SUBJECT: RESOLUTION DECLARING A SPECIAL ELECTION FOR NOVEMBER 4, 2003, TO LEVY TAXES IN EXCESS OF THE INFLATIONARY INDEX FOR TAX LEVY REQUIREMENTS FOR 2004 TO THE COUNTY OF ANOKA FOR COLLECTION FOR THE PURPOSE OF CONTINUING PROGRAMMING AT SPRINGBROOK NATURE CENTER DATE: August 21, 2003 Attached is a resolution provided to the City Council in anticipation of a special election that would allow for tax levy authority for the sole purpose of providing $275,000 for the administration, maintenance and programming of the Springbrook Nature Center. A few years ago, the City Charter was modified to place a limit on the amount of annual increase that could be levied in taxes. It identifies an index by which the annual increase in tax levy is measured. Due to severe reductions to state aids, resulting from the last legislative session, sweeping changes were recommended to the 2004 City Budget. One of those changes was to eliminate the administration and programming at the Springbrook Nature Center. There are a number of people who would like to see the administration, programming, and maintenance for the Nature Center continue and would be willing to pay additional tax dollars for it. This resolution identifies the ballot language that would appear on a ballot on November 4, 2003 if approved by at least a 4/5's vote of Council. If the resolution is tabled, in order to ensure the question is place on the November ballot, the resolution must be adopted no-later than September 8, 2003 to meet the election requirements This levy would cause the average home in Fridley valued at $160,000 to pay an additional $22.00 in ' property taxes. The "Truth in T�ation" process requires the Preliminary Tax Levy be approved by September 15th. The Final Tax Levy cannot be increased beyond this amount, but it can be reduced when the final levy is certified in December. If the ballot question fails in the election process, the resolution for the Final Ta�c Levy would then be reduced in the amount of $275,000. RDP/me Attachment 36 RESOLUTION NO. -2003 A RESOLUTION DELCARING A SPECIAI, ELECTION FOR NOVEMBER 4, 2003, TO LEVY A TAX WHICH IS IN EXCESS OF THE INFLATIONARY INDEX FOR TAX LEVY REQUIRENIENTS FOR 2004 TO THE COUNTY OF ANOKA FOR COLLECTION FOR THE PURPOSE OF CONTINUING PROGRAMING AT SPRINGBROOK NATURE CENTER WHEREAS, the Fridley City Council adopted Resolution No. 33-2003 on July 28, 2003, declaring the necessity for an additional tax levy and specifying the purpose of the levy for the year 2004 to continue the administration, maintenance and programming at Springbrook Nature Center; and WHEREAS, after publishing a hearing notice on July 31, August 7 and August 14, 2003 as required by Section 7.02 of the Fridley City Charter, the City Council held a public hearing on August 25, 2003; and WHEREAS, Section 4.04 of the Fridley City Charter allows the City Council by resolution to order a special election, provided three weeks' published notice shall be given of said special election; and WHEREAS, the City Clerk is authorized and directed to cause printed ballots to be prepared for the use in said election in which the question shall be stated in substantially the following form: The Council of the City of Fridley has proposed to increase its tax levy for general city purposes by $275, 000 beyond the indexed limit allowed by the City of Fridley Charter. The additional revenue will be used to fund the administration, maintenance and programming of the Springbrook Nature Center The proposed referendum revenue authorization would be applicable as a permanent levy indexed by the same limits imposed on the general tax levy as set out in section 7.01 of the City of Fridley City Charter. �� YES � NO Shall the increase in the revenue proposed by the City Council of the City of Fridley be approved? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall cause notice of said election for November 4, 2003, be given to the Anoka County Auditor within at least 49 days of said election and that notice of said election be published in the official newspaper of the City for at least three weeks prior to said election. 37 BE IT FURTHER RESOLVED that the election shall be held at the usual polling locations for the state general election and that said election shall be held and conducted in accordance with the Minnesota State Statutes applicable to municipal elections and the provisions of the Home Rule Charter. BE IT FURTHER RESOLVED that the City Council shall meet within seven days from said election as required by law for the purpose of canvassing said election and declaring the results thereof. ti PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2003. r ATTEST: Debra A. Skogen, City Clerk � - Scott J. Lund, Mayor � - � ` CRY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF August 25, 2003 William W. Burns, City Manager N� '�1 Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant August 20, 2003 Resolution Certifying the Proposed Tax levy Requirements for 2004 to Anoka County In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a resolution certifying the proposed tax levy requirements to the Anoka County Auditor. Chapter 275 requires the City to certify its proposed tax levy requirements prior to September 15. The staff is recommending a 2004 proposed tax levy of $6,758,745. This is a 16.1% increase from what was approved last year. Of the 16.1%, 29.5% of this increase is due to SNC. The make-up of the $6,758,7451evy is: $ 5,825,855 Certified to County for 2003 662,175 60% of LGA Loss (1,103,625 X 60%) 2004 Proposed Tax Levy $ 6.483.745 2004 State Levy Limit - $ 275,000 Add-on Levy Subject to Approval By Voters for SNC S 6.758.745 Tota12004 Levy We request the City Council pass the attached resolution to certify the proposed tax levy requirements. 39 RESOLUTION NO. - 2003 A RESOLUTION CERTIFYING FINAL TAX LEVY REQUIREMENTS FOR 2004 T0 THE COUNTY OF ANOKA WHEREAS, Section 7.02 of the Fridley City Charter grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its proposed tax levy requirements to the County Auditor; and WHEREAS, Chapter 127, Article 2, Section 17 of the Minnesota 2003 Session Laws exempts the city from the tax levy charter restrictions to allow the city to levy up to 100% of the local government aid loss; and WHEREAS, Minnesota Statutes Section 275.73 provide for this levy to be calculated under net tax capacity. NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following proposed tax levy to be levied in 2003 for the year 2004. GENERAL FUND General Fund General Fund (Addirional Levy for Springbrook Nature Center) CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Cities Watershed Management Organizarion Stonybrook Creek Sub-Watershed Dishict TOTAL ALL FUNDS $ 6,483,745 275,000 95,860 6,200 8,900 $ 6,758,745 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 Y u / � GTY OF FRIDLEY To: . From Re: 0 AGENDA ITEM CITY COUNCIL MEETING OF August 25, 2003 William W. Burns, City Manager �� Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant Resolution Adopting a Proposed Budget for the Fiscal Year 2004 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the 2004 proposed budget. Chapter 275 requires the City to certify a proposed budget to the County Auditor prior to September 15. We request the City Council pass the attached resolution and adopt the 2004 proposed budget. Remember that the levy resolution must be adopted prior to adopting the budget �1 . RESOLUTION NO. - 2003 A RESOLUTION ADOPTING THE PROPOSED BUDGET FOR THE FISCAL YEAR 2004 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall hold a public hearing to adopt a budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate; NOW THEREFORE, BE IT RESOLVED that the following budget be adopted and approved: ESTIMATED REVENUE GENERAL FUND Taxes Current Ad Valorem Deliquent, Penalties, Forfeited Licenses and Pertnits Licenses Permits Intergovemmental: Federal State- Local Govemment Aid Ail Other Charges for Services: General Govemment Public Safety Public Works Community Developrr�ent Recreation Fines and Forfeiu Special Assessments Interest on Investmenu Miscellaneous Revenues Other Financing Soiuces: Sales of General Fixed Assets Liquor Fund Closed Debt Service Fund Employee Benefit Fund Police Activity Fund TOTAL REVENUES AND OTHER FINANCLYG SOURCES $ 6,372,785 d0,500 215,050 260,100 4,000 942,038 598,282 846,350 103,050 18,570 8,840 208,900 176,720 4,500 200,000 153,400 2�,000 450,000 23�.900 0 478,393 11,339,378 L.egislative: City Council Planning Commissions Other Commissions City Management: General Management Personnel Legal Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Civil Defense Fire: Fire Rental Inspectians Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Recreation: Recreation Naturalist Community Development Building Inspection Planning 42 APPROPRIATIOIYS $ 106,226 205 13 255,I84 150,418 319,537 32,785 642,285 t 57,672 24t,573 132,255 3,868,464 15,567 912,666 123,795 234,760 463,417 193,600 875,315 1,221,546 776,203 5,835 277,093 334,610 . � � � . I � . . I. Fund Balance: General Fund Reserve Reserve: 101,646 Emergency Nondepartmental: I OO,U00 0 TOTAL GENERAI. FIJND � 11,441,024 $ 11,441,024 � SPECIAL REVENUE FUNDS Cabie TV Pund $ I82,000 $ I 15.979 Grant Managemrnt Fund 30,032 80,032 Solid Waste Abatement Fund 274,808 308,504 Housing Revitialization Fund 0 0 Police Activity Fund ?0,000 478.393 Fund Balance 396,068 TOTAL SPECIAL REVENUE FUNDS $ 982,908 $ 982,908 � CAP[TAI. PROJECTS FUND Capital Improvement Fund Taxes-Current Ad Vatorem $ 95,860 General Capital Improvement $ 15,000 Interest on Investmenis 128,097 Streets Capital Improvement 50,000 Park Fees 10,000 Parks Capital Improvement 0 Fund Balance 16( 8.9571 TOTAL CAPITAL PROJECTS FUND $ 65,000 $ 65,000 � AGENCY FUND Six Cities Watershed Fund Six Cities Taxes-Current Ad Valorem 6,200 Watershed 6,200 TOTAL AGENCY FUND $ 6,200 $ 6,200 � TOTAL ALL F[JNDS $ 12,495,132 $ 12,495,132 �� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF AUGUST 2003. _ ATTEST: DEBRA A. SKOGEN - CITY CLERK 43 SCOTT J. LUND - MAYOR � � AGENDA ITEM �af CITY COUNCIL MEETING OF AUGUST 25, 2003 FRIDLEY . INFORMAL STATUS REPORTS . ..