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09/08/2003 - 4617OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING SEPTEMBER 8, 2003 � � CffY OF FRIdLEY FRIDLEY CITY COUNCIL MEE'rING OF SEPTEMBER S, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/Nf NAMF, ADDRFSS AND /T€M NUMS�R YOU AR� /Ni�RFSTFfl /N. � �i � � 1 V�4''VlL- � ��,�C�C.S-S ,� �f � (/'��,�,�.��.- (�� :. ,� � .�- � � � / �� i 1 � S � � �-� � � � (� �� 1� �p�u.�C �ti��u��v�� 0�' .��`' l3`�Q ��, �=�-V � d't�, l`t�� L-U 0' l.{"�V/') �"�l I(.�L, ,v �.L�;i,v �t.-Z a'1r1 (i il -�-� ��t �rv;� �� I �� t,�c. � l��v ' � � �-►��- � �� ,� ��' �.—� � � `- � � l o� ��i (�� II.�,� �� L� S�''� � �..� �� o j'�.. li � n�,N'7�Z �. � F�; N`, � �`''�,�r ��1l�� C=l� s� � l2 s��ti�� r�N�1�jyv-z�,. ,. �� s�� CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/NT NAMF, AflflRFSS ANa /TFM NUMBFR YOU ARF /N1fRFS'iFU /N. �� i�� ,�, i� �r� 3 y� � � F '; y , ; �� ;�'r�n,t..N'a�ne �CI'�1,"��r�y�} � ,- �� Ad,E1�� I�, �U� � ,,,, �. �.�. %., �,� ,� , �� ,,, ��,�'� �,'v ?�✓ �� , �� _�� '�.�c � �� ._,,' , , � ��• r� � s �J ,,�, + -• r�^ 1 t . 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I r � �1 � � � z r�tn��+�':� � � � e r` � c�.� ..� . �f :� J /�U C ;�1.��(.r�'„i',i_ V �h�.`�`�Z �I��\ ,/"� �e j(G',i��,Z �i' �� c.! ( �)'x `��I� � 1 �� t°-(,'1 �- �l 4�rGl �G��F �f :��-.� �� `� ,�' ? / �'.;�a c?s" �{vr� ��%f^ ��C..i � , ='�- � �..�"�. ._:� �.� /��>�`%"�'%/`9' .� / /L� �' �,S �'��- � �•�n-�-�., rr rc>> '� c��r�'---� � � �( lo� ~� - 1-55�' ��r � r: _� ,:;%r %;r;� /�"� ,��;° �' ; _ � ir o� �1 r �`�: �, � %�-:L';Z, �_�'• k'� S: d_� i�-c�, ��' �� /`% �. � �� ' �� y" C;'� J^`l Z� � °`=,i c,, � ��,'Y) �`�'% �-f � L . 0 ..�. . � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 T:30 p.m. — City Council Chambers 5�� i' �� x.; �l a3 iz �� u .._�� tf ��i U �. C�s � i��— Attendance Sheet ALFASF AR/NT NAMF, AaDRFSS AND /TFM NUMSFR YaU ARF /NTFRFSTFD /N. � v�� /y r �� e ;, ��iii,��}5i�� ./��"�� +"�if ,,, �y k ':��K'i�,�✓i7'Y�'i°� .»A�$ �+` �� "��Jf �S � Ny,f� rr�ri'.. , • . � .F a, ., u E. �r��. � K.. �� .,, � >, �' C� �'�'t'-��-�} �, _� � �t� h � � � . `� � ,, ��; �� ; � i�% � � , � ti` C�.= -� . � � � �-,. � � - l �� .' �.7-2 � ' C / '1 i� � �'7 �Ji �,,Z! �7 '�.�c� 't✓�'" �� G� � �� Cl�u-e.�rv�s ��L�� S �U C. , � ��`,\p�� \ . `!`� �.1,1 � !1.�� .-,. � l� � '7 7�r:"t �,.�i�,,.. � � :�-��.� 15�� `'�- �c 1'-c�a- M � i 3 ��i 54 . r ti,.:t �;/v C., �' i�-��1�1 %�j�`�Z �G�"3ia -�wE� � �- Nt�� P��.�� S�/��-- � 1 w. t''�c � a� o. �� i� 3b �� ``r-� �Q V�, M V3 i? i 7, sf P� 1 ��, a- �" (1 r1�'7 � �" � _� �v � ;--�c" - �f �% � ,,1,' � ,s� C_ , , � � � � G' Yt : �1 " , �� Sr=� �--Z �7 2 5 ' � �� ` /�� ` `�. c-� � � %l�� j� � Z i ij � I � i/— < � v� ;� v `� !� �: k' (�� _) ��''�`�,/�;: ��z`��. %ll . c� � � CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 CiTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with 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. PROCLAMATION: Patriot Day — September 91, 2003 Domestic Violence Awareness Month — Ocfober, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: _ City Council Meeting of August 11, 2003 0 NEW �USINESS: 1. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST. 2002 — 1 ............................................... 1- 2 FRIDLEY CITY COU�TCIL MEETING OF SEPTEMBER 8, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: PAGE 2 NEW BUSINESS (CONTINUED): 2. Resolution Directing Publication of the Hearing on the Proposed Assessment for Street Improvement Project No. ST. 2002 — 1 .............................................................. 3- 4 3. Resolution Directing Preparation of the Assessment Roll for the 2003 Nuisance Abatement....................................................................................................... 5 - 6 4. Resolution Directing Pubfication of Hearing on the Proposed Assessment Roll for the 2003 Nuisance Abatement _ .. .................................................................................... 7 8 5. Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2003 Tax Levy Collectible in 2004 ...........................................................:......................... 9- 12 6. Claims 7. Licenses ...................................................................................................... 13 ....................................................................................................... 14 - 15 8. Estimates ....................................................................................................... 16 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 _ PAGE 3 ADOPTION OF AGENDA. - OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARINGS: 9. Consideration of Increasing Sanitary Sewer Rates in Excess of the Index Provided in the FridleyCity Charter .............................................................................................. 17 10. Consideration of Increasing Storm Water Rates in Excess of the Index Provided in the FridleyCity Charter ............................................................................................. 18 11. Consideration of Increasing Water Rates in Excess of the Index Provided in the FridleyCity Charter ............................................................................................ 19 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 4 OLD BUSINESS: 12. Resolution Declaring a Question to be Placed on the Baliot at the Ne� Regular Municipal Election, 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 Programming at Springbrook Nature Center (Tabled August 25, 2003) ........................................................... 20 - 22 13. Resolution Certifying Proposed Tax Levy Requirements for 2004 to the County of Anoka (Tabled August 25, 2003) ........................................................................ 23 - 24 14. Resolution Adopting #he Proposed Budget for the Fiscal Year 2004 (Tabled August 25, 2003) ...............................................................................:....................... 25 - 27 NEW BUSINESS: 15. Resolution Designating Polling Places for - the Regular Municipal Election to be Held November4, 2003 .............................................................................................. 28 - 29 16. Resolution Declaring a Question to be Placed on the Ballot at the Next Regular Municipal Election to Increase Sanitary Sewer Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as � Required by Section 7.02 of the Fridley CityCharter ....................................................................................................... 30 - 32 ■ FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 5 NEW BUSINESS (CONTINUEDI: 17. Resolution Deciaring a Question to be Placed on the Ballot at the Next Regular Municipal Election to Increase Storm Water Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley CityCharter ....................................................................................................... 33 - 35 18. Resolution Declaring a Question to be Placed on the Ballot at the Next Regular Municipal Election to Increase Water Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley CityCharter ....................................................................................................... 36 - 38 19. Informal Status Reports ..................................................................................... 39 ADJOURN. � � � � b `) -�.-�,... ` � N � �'� � '/ � o ° �' � � F � � °' � � � � � ,� ? � � .� � w � a N i� rv �-., m � o ° � ? � v X a�� D� � `� �'mg � �..a� p � A j � p� �. � � O ` � D .� � � _ 'V O y — '� O' �. i7 � C �-p �� lD � � N ca r� c � `�' ` � . O � v � O � C O� � -p (D tn O cL] O C � `�� N �p N '�•�; � ' �� 0.� �� , t� N : � � � �p � �, � N � ^� 0 � � \� a � � o a � W� aai ; �� DQ l'� �o � � N � � � � ' � G� � X U i � � � � � N �� . O N � c � � V1N.-�r ��N'^ W '� O � � (n � \ \ \ W � � � � \NN �i ►'�1 � U � �� ,p r�, rW� � � � � �; � �l � y �`}C\� 1. �, 1 F�y �n � P � � �' � i O � fn i "a^", � �^-� i N � � V``'� z�°� n . ��, � -O 1 O N � � M..� � y N o°� o ° m ��'U�7 � � � � � 17'I � N fD �� lD � p n C>� N O {� n � � � � ' Q G V � � � 0 � � � j O I �� • p m S 7 � � O n 3 �. n�p � � p�j v(D �� II_�i II� o-3�.v,>> � � � o =. � � 3. � o � o .-,. ca D cQ a ►�v � �p � °� c � � ocu < �'p � .,. ? o � � c� c : y Uj� �' n� Zm ; N�i �p Q ►�fD � • �� C S(p X �,�. � O � "' [D O . OO � 0 � �� - 0 � O � N S � � � � � X N. � N � 'L" :� � ^ . � � W �`° .' � z �'� ' • ..) W � �: o (�� c �' a � � ° ��< � °� * �n�'x��mo m � �N� �.� � �� (��Q�� Q-,,, n , '� m � �. � °' � m v- a' m °—' � o' \.� � ai v`> : -� � � � `� o n m .�. � � `� �°°.c _� � � �o � `D��'�`D� � a � .9� � � �, v� = W � � c° vi � �"✓ o : o n' o�� m i ? a. � � ,� .-.. p = �1 ._ U j � � U) V<? � "' (Q 1 � 3 � f � � O � � � �-�► d '�e y �. � ` o in'�� A � v�� ``��. , �� (; \ . �, r � d l�D � � -1� ( �. � v�i � [D N �; O `� � '�7 y �1 � �' � W : � `. � � `� N .il ,-. ,�+�( � ' � : Q,y �� Q � V O 1 W �� ' •� _ (D � � � `° (� � N �, � ~ °' " � � Q � c,,> � � � , q � �� °� _ � �� - � � � � �� - n . r� � � . � / ( / � �r pd�ior�,�r S£PT�"M13�R //, 1003 WHEREAS, the challenges facing all the civilized people of the world as they relate to the war on terrorism will not end until those responsible are eliminated or brought to justice; and WHEREAS, world opinion needs to remain focused upon the eradication of these inhuman acts perpetrated around the globe; and WHEREAS, one way to accomplish this is to never forget the value of our Armed Forces, National Guard, police and fre personnel, EMTs and first responders; and WHEREAS, a noble and appropriate way to accomplish this is through an annual celebration of our military and civilian heroes; and WHEREAS, this commemoration should be held each September 11 to include: the promotion of global peace and goodwill, the demonstration of America's resolve and perseverance to win the war on terrorism, the advancement of responsible citizenship, the encouragement of patriotism and love of country, and the remembrance of those innocent victims who died on September 11, as well as our military and civilian heroes, one and all; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, issue this proclamation to recognize those who continue to serve at home and abroad to ensure our freedom. BE IT FURTHER RESOLVED, that this proclamation be publicized for everyone to see and know that all citizens remember with eternal respect those whose lives were suddenly and without cause taken from them on September 11, 2001. ` IN WITNESS WHEREOF, I have set � my hand and caused the seal of the City of Fridley to be affixed this 8th day of September, 2003. I Scott J. Lund, Mayor ► ► / DOMi"ST/C 1�/OL�"NC� r4 WdR£IV�SS MONT!/ OCTOI��R, Z003 WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County, and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and WhiEREAS, over 50, 000 victims of violence have and will continue to access assistance from Alexandra House, a domestic violence service provider for women and families; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time promoting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic Uiolence, its prevalence, consequences, and what we, as a concerned community, can do to eliminate its existence. NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the month of October, 2003, as: DOM�ST/C 1�/OlE'N�'�' d W.4R�NfSS MONTf/ in Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 8th day of September, 2003. Scott J. Lund, Mayor 'THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 2003 CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES AUGUST 11, 2003 CALL TO ORDER: The City Council meeting of August 11, 2003 was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: • Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. � ROLL CALL: Members Present: Mayor Lund Councilmember Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom Others Present: William Burns, City Manager Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Richard Pribyl, Finance Director/Treasurer Frederic Knaak, City Attorney PRESENTATION: Mayor Lund presented a certificate of appreciation to Ms. Denise M. Letendre for her good work as Council/Commission Recording Secretary. Mayor Lund introduced Ms. Kathy Fischer as the new Council/Commission Recarding Secretary. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Billings asked that Item Na 7, Estimates, be removed from the Consent Agenda and placed on the Regular Agenda. APPROVAL OF MINUTES City Council meeting minutes of July 14, 2003 were received and approved as written. OLD BUSINESS: 1. ORDINANCE NO. 1179 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). ADOPTED. � FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 2 2. ORDINANCE NO. 1180 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT ��41 FIFTH STREET — WARD 1). ADOPTED. NEW BUSINESS: 3. RECEIVE THE MINUTES FROIVI THE PLANNING COMMISSION MEETING � OF JULY 16, 2003. RECEIVED. 4. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 29, 2003, TO CONSIDER REVOCATION OF SPECIAL USE PERMIT #01-06 TO DWAYNE AND DAWN MYRVOLD FOR A SECOND ACCESSORY STRUCTURE, GENERALLY LOCATED AT 554 JANESVILLE STREET N.E. (WARD 3): SET A PUBLIC HEARING FOR SEPTEMBER 29, 2003. 5. CLAIMS. APPROVED PAYMENT OF CLAIM NOS. 112657 THROUGH 112878. 6. LICENSES: APPROVED LICENSES AS SUBMITTED AND AS ON FILE. MOTION made by Councilmember Barnette, seconded by Councilmember Bolkcom, to approve the proposed Consent Agenda Items as listed with the removal of Item Na 7, Estimates. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. . ADOPTION OF AGENDA: 0 MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt the agenda with the addition of Item No. 7, Estimates. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Ms. Ann Wallerstedt, Executive Director of Mediation Services, explained that Mediation Services was an Anoka County agency that helped communities assist conflicting persons to resolve their problems. The agency was funded by the Supreme Court, the State of Minnesota, FRIDLEY CITY COUNCIL MEETING NIINUTES OF AUGUST 11, 2003 PAGE 3 Anoka County, city governments, United Way funding, and private donations. Mediation Services did serve Fridley with neighborhood conflicts, parenting concerns, visitation concerns, victim offender program (non-violent crimes), school mediation, etc. There was a small charge to residents for some of the services. Ms. `�"allerstedt wanted the Council to be aware that there was a benefit on September 11, 2003 for Nlediation Services. The benefit represented about 30 percent of the agency's funding. Ms. Sharon Moenkhaus, employee of Alexandra House, said she taught science at the shelter and said she wanted to read a letter from the teachers of the shelter. The teachers used Springbrook Nature Center for the science program for the children at the shelter. The teachers urged Council not to close the Springbrook Nature Center. Councilmember Wolfe assured Ms. Moenkhaus that the Nature Center would not be closing, but the budget proposal would be to eliminate staffing and close the building. PUBLIC HEARINGS: S. REVIEW SPECIAL USE PERMIT, SP #73-07 FOR CENTRAL AUTO PARTS, GENERALLY LOCATED AT 1201 — 73 '/: AVENUE N.E. (WARD 2) (CONTINUED JULY 14, 2003). MOTION made by Councilmember Wolfe, seconded by Councilmember Barnette to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIiV10USLY. Mr. Scott Hickok, Community Development Director, said that the public hearing was on the potential revocation of the Special Use Permit, SP #73-07, for Central Auto Parts. The public hearing was continued from July 14 since counsel for the applicant, Mr. Jerry Haluptzok, submitted a plan for compliance. The grounds for revocation were failure to comply with any and all conditions and stipulations issued with the special use permit. Revocation may occur after the public hearing by the City Council and in compliance with Minnesota State Statute 462, and all costs incurred by the City during the revocation process may be assessed to the property. Mr. Hickok said that since the last Council meeting Central Auto Parts had made visible improvements to the site and indicated a willingness to comply with the 1973 and 1982 stipulations. A memorandum submitted by Joseph G. Sedarski, Rider Bennett, on behalf of Central Auto Parts, dated July 17, 2003, indicated a number of improvements that had been made and procedures set forth that would be followed by Central Auto Parts. The property owner had indicated an interest in constructing a pond that would hold water from the mobile home park as well as the grinding business to the east and Fridley Auto Parts. Staff initially determined that a reasonable schedule would be that a Storm Water Management Plan would be approved by April 2004, and all landscaping, fencing, and irrigation improvements would be completed by June 15, 2004. Curb, gutter and traditional asphalt or concrete would be installed by April 1, 2005. The Storm Water Management Plan would require more time. A survey of affected properties would be conducted, and topographic information added. In 2004 and 2005 they would obtain approval from the Rice Creek Watershed District and City Engineering staff. In 2005/2006 they would FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 4 complete the grading/ponding and complete sodding or seeding the disturbed areas of soil. The original timeline would have had everything completed by 2005, but the preliminary storm water runoff shows that there was water coming in from three other sites. There may be additional time needed to coordinate with other properties. He reviewed the stipulations. He said staff recommended approval of the Special Use Permit and recommended a review of the special use permit each March to insure adherence to the schedule and compliance with the revised stipulations of the 1973 and 1982 permits. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to receive _ into record the memorandum dated August 8, 2003, to William Burns, City Manager, from Scott Hickok, Community Development Director, Paul Bolin, Planning Coordinator, and Stephanie Hanson, Planner, regarding the continuation of public hearing for review of Special Use Permit ' #73-07 to consider revocation for Central Auto Parts, 1201 73 '/2 Avenue, Fridley, Minnesota. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the timeline was realistic. Mr. Hickok said that if there were any chance that some of the items could be included as a public improvement, they would be interested in being assessed, and paying it over time. Councilmember Bolkcom asked what would happen if the improvements did not move along as listed. Mr. Hickok said that if the timelines were not met, a revocation would be considered. Councilmember Billings asked if Mr. Haluptzok was renting the property or if he was the property owner. Mr. Hickok said Mr. Haluptzok was renting the property. Councilmember Billings asked if the property owner was aware of the stipulations. Mr. Hickok said he was. Councilmember Billings asked if a letter would be sent to the property owner and the renter so - they could review the stipulations. Mr. Hickok said that that letter would be sent out and filed. Councilmember Billings asked what type of action was needed. Mr. Hickok said if Council concurred with staffs' recommendations, staff would proceed accordingly. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 5 Councilmember Billings asked if Council would need to amend the agenda item to include staffs' recommendation. Mr. Frederic Knaak, City Attorney, said the process was a review. The Council could propose additional restrictions, reach a modification, but this was all part of the review process. Councilmember Billings said his question was more of a procedural question because the City Council did not pass motions during public hearings. It was usually an action item after the public hearing. He asked if the agenda would need to be amended. Mr. Knaak said that the usual practice would be to close the public hearing, and because Council � was being asked to take action, it would be appropriate to place it later on the agenda. Mayor Lund invited any public comment. Mr. Joseph G, Sedarski, Rider Bennett, who represented the applicant, said that they worked hard with staff to work out the problems. He asked if Council had any questions. Mayor Lund asked if the property owner's main concern was the cost of hard surface paving. Mr. Sedarski said that he did not represent the owner, but the property owner realized that in order for Central Auto Parts to continue in this location, the stipulations and timelines must be met. Mayor Lund indicated that this item would be considered at the next Council meeting to be held on August 25, 2003. MOTION made by Councilmember Wolfe, seconded by Councilmember Bolkcom, to close the public hearing at 8:18 p.m. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. CONSIDERATION OF ALLEY PAVING PROJECT NO. ST. 2003-3 (CONTINUED JULY 14, 2003). . MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove the item from the table and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Jon Haukaas, Public Works Director, reviewed the project. Mr. Haukaas said the project paved one of the last gravel through alleys in the City. The project came up as a result of the paving ordinance and some questions of equity between the residents and the City. The project initially included all three of the through alleys, but at the July 14, 2003, public hearing some of the residents requested an opportunity to partially vacate their alleys. The alleys are off of East River Road between East River Road and Ashton Avenue. Mr. Haukaas received one petition to FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 6 vacate a portion of that alley, but has not yet received the other petition. At the July 14, 2003, Council meeting, Councilmember Billings asked that those alleys be removed from the project so the revised project only looks at the gravel alley from Llississippi Street to 66`h between anc� parallel with Arthur Street and Anoka Street. The issue was how the project would be assessed. City Projects have typically been done on a per foot of lot width versus a per capita basis. The assessment issue still needed to be resolved. The contractor was ready to start the project. Councilmember Bolkcom asked to receive the petition into the record. The petition requested a partial vacation of the alley between 62 1/2 and 63`d Avenue. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to receive the petition into the record requesting a partial vacation of the alley between 62 1/2 and 63`d Avenue. Councilmember Bolkcom asked if the petition represented all of the property owners. Mr. Haukaas indicated that seven of the eight property owners signed the petition. He said he had not yet heard from the eighth person. Councilmember Barnette asked if the driveway of person who did not sign the petition came off the street. Mr. Haukaas said that the individual did use the alley. The neighbors indicated that the individual was not opposed to the project, because it still allowed him access through the alley. Since they do not have 100 percent of the signatures, a public hearing will be held on the vacation. Councilmember Bolkcom asked staff to contact the person who did not sign the petition. Ms. Heather Mewhorter, 39 62"d Way, said that the second petition was dropped off. She said a couple of residents did not sign the petition because their concerns were with the one house by Ashton that needed the private driveway. Those residents felt that they should not have to pay for a private driveway. There were also vacant houses and a rental property. The owner of the rental property was unreachable. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to vacate the alley from the residents on 62"d Way and 62 %s Way. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund asked for public comment. Mr. Gerald Gerber, 6275 E. River Road, indicated that he had signed the petition, but would like his name removed. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 7 Mr. Paul Gerber, 627� E. River Road, said that his father did not want the alley vacated because his father had a 13 percent arade driveway entering onto East River Road and there were no site lines. Councilmember Bolkcom said the project before the Council tonight was the alley paving project on Arthur, Anoka and Mississippi. She said a public hearing would have to be held to vacate the alley that Mr. Gerber was concerned with. Mr. Haukaas pointed out that the petition that was circulated regarding the alley between 62"a . Way and 63`d vacated the alley with the exception of the western 140 feet which was the portion of the alley that served Mr. Gerber's property. Mr. Gerber's portion of the property would not be vacated. Mr. Paul Gerber said that his concern was that the grade of East River Road and the four-foot retaining wall created an unsafe condition. Mr. Gerber said his father used the entire length of the alley in the wintertime because of the conditions. Councilmember Barnette asked staff who put the retaining wall up. Mr. Haukaas indicated that Anoka County put them up. He said that Anoka County would not remove the retaining walls, but would allow the City to complete a project to re-grade and remove the retaining wall. Councilmember Bolkcom asked if Dr. Burns would contact the County Commissioner for the area about the situation. Mayor Lund said that there would be a public hearing for this alley and that residents would receive a public notice. Mr. Paul Gerber asked if there was a legal easement across his property and if it could be closed. Mr. Frederic Knaak, City Attorney, said that if there was an existing public right-of-way that he was using, he did not have an easement. The public had an easement over the property. If it were to be vacated at some point, an easement could be created. Mr. Paul Gerber asked about the public's rights to an alley in the City. Mr. Knaak said that an alley was a type of public roadway and if it was vacated, one of the things that the City was required to do was to take a look at the usage, including public access, health and safety matters. The City Council could decide in its discretion not to grant a vacation. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to receive into the record the project costs based on the lowest responsible bid prices. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Haukaas said the cost spreadsheet itemized the items if the alley was constructed and included the contractor's cost to mobilize crews, traffic control, individual pay items and unit FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 8 costs. He said that each affected homeowner was listed as well as alley access and width of each lot. The first cost option was based on a cost per foot which involved taking the total assessable footage for the project and dividing it into the total cost to come up with a per foot cost. The prices went up because it was a stand-alone project. The second option was based on per capita in which the total cost was divided by the number of properties and everyone paid equally. A third option that cvas discussed was taking `/2 per capita plus % based on per foot width. The numbers are listed to allow City Council to make the fairest decision when assessing property owners. Councilmember Barnette said he would like the City to fund the alley project under consideration, but realized that it would take money out of street projects. Mr. Haukaas said that the alley improvements were not a budgeted project. In the past, the policy was that residents would pay 100% of the cost and the City would take over maintenance of the alley. Mr. Haukaas said that if the City paid for one alley improvement, it created precedence. Mayor Lund asked if the Fire and Police Departments used the gravel alleys. Mr. Haukaas said the Fire and Police Departments would use the alleys if they needed to, but typically used the fronting street. There was always an option to re-grade the alley to a better condition, but keep it as a gravel alley and the City may choose to plow it or not. Residents have complained about runoff and vehicle fluid leakage. As the alley was right now there was a lot of fine gravel that could be carried away by heavy rainstorms. Using a heavier gravel did contain the runoff better. However, Mr. Haukaas indicated it would probably be a better solution to pave the alley. Councilmember Bolkcom asked Mr. Haukaas if the alley was left the way it was how often would the City have to maintain the alley. She asked if snowplowing would be an issue. Mr. Haukaas said that the City would have to do maintenance every year to maintain grades and gravel and would recommend that the residents continue plowing the alley. Mayor Lund asked for any public comment. Mr. Jon Lund, 6553 Arthur Street N.E., said that if bigger gravel were put in the alley, he would not be able to run a snow blower. Mayor Lund indicated that most residents living on the alley were in favor of an even split on the cost. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to close the public hearing at 9:03 p.m. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. . FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 9 OLD BUSI�iESS: 10. RESOLUTION NO. 35-2003 ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: ALLEY PAVING PROJECT NO. ST. 2003 — 3(TABLED JULY 14, 2003). Mr. Jon Haukaas, Public Warks Director, indicated that were two resolutions before Council: one to order the final plans and specifications, and one to receive the final plans and specifications for the alley project. Councilmember Bolkcom asked what plans Council was ordering and receiving. Mr. Haukaas said that staff did not typically include the plans in the Council packet because of the size of the plans. The final plans are only for the Anoka/Arthur Street alley and the cost estimate that the Council received into the record reflects the items involved and the costs involved. Councilmember Bolkcom was concerned that it did not say anywhere which project Council was ordering and receiving. Mr. Haukaas commented that the description of the project was in the title of the memorandum to Council. He said the first resolution did not identify which street it was, but the second resolution did. He apologized that it was inadvertently missed on the first resolution. Councilmember Barnette asked how the project would be assessed. Mr. Haukaas said the resolutions did not address how the project was assessed. MOTION made by Councilmember Bolkcom, seconded by Mayor Lund, to adopt Resolution No. 35-2003. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. RESOLUTION NO. 36-2003 RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTES BE OBTAINED: ALLEY PAVING PROJECT NO. ST. 2003 — 3. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 36-2003. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST ll. 2003 PAGE 10 12. APPROVE CHANGE ORDER NO. 1 TO HICKORY STREET WATERMAIN PROJECT ADDING ALLEY PAVING PROJECT NO. ST. 2003 — 3(TABLED JULY 14, 2003) N1r. Jon Haukaas, Public Works Director, eYplained that this officially added the alley paving project to the contract that was currently held by Midwest Asphalt Corporation for the Hickory Street Watermain Project. It added the items and costs to the project. Staff recommended approval of the change order in the amount of $18,102.50. Councilmember Bolkcom pointed out that on the project cost sheet handed out to the Council there was a total cost of $29,908.39 rather than $18,102.50. N1r. Haukaas said the spreadsheet the Council received included the contingency, engineering and administration costs. Those calculations were for reference when determining assessments. If there were changes outside the scope of the project, a change order would need to be approved by Council. MOTION made by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve Change Order No. 1 to the Hickory Street Watermain Project adding Alley Paving Project No. ST. 2003 — 3 in the amount of $18,102.50 to Midwest Asphalt Corporation. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. ORDINANCE NO. 1181 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, 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, GNERAL SHOPPING, TO R-3, GENERAL MULTIPLE UNITS-RESIDENTIAL, IIN ORDER TO ACCOMMODATE 16 MULTI-FAMILY HOUSING UNITS, GENERALLY LOCATED AT 6160 FIFTH STREET N.E. (WARD 1). Councilmember Barnette asked who owned the property. Mr. Scott Hickok, Community Development Director, said the issue of who owned the property was between the parties. It was represented at the time of the petition that the church and the partnership had an arrangement whereby once the approvals were granted the land would be made available for this development. Councilmember Barnette said that Stipulations 11 and 12 both related to the property owner of record at the time of the building application to pay the required fees. Mr. Hickok said that based on the representations given when this petition was made, these stipulations are correct. The issue of ownership of the property was not the City's. Councilmember Billings said that Council can approve the ordinance and if there are some ownership problems, it was in the hands of the parties that started the application process. He said that the City legally needed to follow-through on what the City agreed to. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 11 MOTION made by Councilmember Billings, seconded by Councilmember Bolkcom, to amend the ordinance so that Stipulation No. 3 reads: "Petitioner shall identify ponding area and provide easements for storm water run-off and management, if necessary to manage adequate drainage and stormwater on the property." UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE NIOTION CARRIED UNANIi�IOUSLY. MOTION made by Councilmember Billings, seconded by Councilmember Bolkcom to approve Ordinance No. 1181, with the following stipulations: l. 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 storm water run-off and management, if necessary to manage adequate drainage and stormwater on the property." 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 revie�ved and approved by City staff prior to issuance of building permit. 9. Petitioner to pay any required Park Dedication Fees. 10. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly 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. UPON A VOICE VOTE, THREE VOTING AYE, TWO VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED. NEW BUSINESS: 14. VARIANCE REQUEST, VAR #03-17, BY DAIVD PHILLIPS FOR JAMES KIEWEL, TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY STRUCTURE TO ALLOW THE CONSTRUCTION OF AN ADDITION TO AN EXISTING GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E. (WARD 2). Mr. Scott Hickok, Community Development Director, said that the petitioner, David Phillips of Phillips Architects and Contractors, who is representing Jim Kiewel, property owner of 1631 Rice Creek Road, was seeking a variance to increase the maximum size of a first accessory structure from 1,000 square feet to 1,390 square feet to allow the construction of a 22 foot by 37 foot addition to the existing garage. The hardship, as stated by Mr. Phillips, existed in the nature of the extreme oversize of the single-family lot and the under-utilization of the property. The lot was approYimately 2.5 times the current requirement for an R-1 lot (22,300 SF vs. 9,000 SF). It FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 12 was almost twice as wide (145 ft. vs. 75 ft.) as required by Code. The house location prevented subdividing into two lots. The current house was too small for the property and would be modernized and enlarged to be consistent with the other new homes and the extremely large lot on which the house was situated. He said this property was granted a variance in 1996 to allow an increase in the first accessory structure from 1,000 SF to 1,392 SF. The variance was granted based on the following facts: The petitioner had an unusually large lot and the Code allowed a total lot coverage of 6,887 SF. The size of the garage approximately equaled the size of the dwelling and �vould not be out of proportion with the neighborhood. The lot's unique topography allowed the structure to be built lower than the street thereby reducing the visual impact to adjacent properties. The vaziance expired because the structure was never constructed. Since that request the petitioner submitted various variance requests which far exceeded the 1,392 square feet. None of those requests were granted. Since the most recent request, Mr. Kiewel has hired an architect to help redesign the project. The new request was similar to the 1995 request which was approved by the City Council in February 1996. The current request was to increase the maximum size from 1,000 square feet to 1,390 square feet to allow the construction of a 37 x 22 foot addition to the gazage. The existing garage was 576 square feet and the proposed gazage addition 814 squaze feet, totaling 1,390 which was 390 above the Code. He indicated that along with the proposed garage and living space above the garage, there would be a basement addition. The proposed addition met lot coverage and setback requirements. Mr. Hickok said that at the Appeals Commission meeting of July 23, 2003, the Commission held its public hearing and after a brief discussion, recommended approval of this variance with a change to Stipulation No. 4 to read: "The home must be opened to a City Building Inspector prior to the start of construction to determine if the property is a legitimate single-family home and other stipulations as presented." Commissioner Kuechle also wanted it to be duly noted to the City Council that Mr. Kiewel felt very strongly that Stipulation No. 4 should be entirely deleted from the stipulations. Staff had no recommendation as this variance was within previously granted dimensions. Mr. Hickok reviewed the ten stipulations with Eity Council. Councilmember Bolkcom asked about Stipulation No. 7, "New basement, as labeled on site plan, must be separated from garage in accordance with building code requirements and may not be converted to additional garage area." Mr. Hickok said in past petitions, the homeowner asked for a garage as large as the space that was now being labeled as garage and living space. This stipulation was meant to add clarity to the fact that it needed to be living space or the garage then exceeded the 1,392 square feet that was being asked for. He said it also needed to be clear that it needed to be distinct space according to building codes and not just a modified garage wall that can be taken out after the permit was issued. Councilmember Bolkcom asked if the garage was considered an accessory building/structure. Mr. Hickok said an attached or detached garage, no matter how it was arranged, was considered an accessory stnicture even though there was living space above the garage. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 13 Councilmember Bolkcom wondered why Stipulation No. 4 was included since there would be inspections during the construction process. Mr. Hickok said that this was a stipulation that had remained consistent since 1995. In 1995, there were realtors callin� when the property was on the market asking about the duplex for sale on Rice Creek Road at the edge of the City. They were talking about this property. When one of the later variance applications were investigated, a family came out of the basement walkout level of the unit. It appeared that it had the potential to be an upper and lower unit. In a single- family district, a home cannot be subdivided into a duplex status. In addition, staff did not want to approve an addition that provided a garage for a lower level unit while the garage for the upper-level unit existed. ` Councilmember Wolfe asked if the living space above the garage was considered accessory. Mr. Hickok said the living space above the garage was not considered accessory. Mayor Lund asked if the petitioner could request a R-2 designation. Mr. Hickok said that one of the criteria looked at when rezoning was what the zoning was in the area. Saying this one need to be R-2 would be spot zoning and that was something that the law did not allow. Mr. David Phillips, licensed azchitect, 1250 East Moore Lake Drive, said he represented Mr. Kiewel. He said the ordinance allowed for 1,400 square feet of accessory structure, so this request did not exceed what was allowable. He indicated that Mr. Kiewel viewed Stipulation No. 4 as an invasion of privacy. and believed it was being used as a presumption that he was doing something wrong with no evidence. Mr. Phillips said he had been in the home and it was a single-family home and not a duplex. Mr. Phillips said that Mr. Kiewel asked to build a 1,600 square foot addition above the garage and walkout basement area and he did have other people who lived at this house as allowed by City Code. Mr. Phillips indicated that a single-family house could have up to five unrelated people living in the home, but the house was all one house and there was no separation. Mr. Phillips asked Council for their approval and asked that Stipulation No. 4 be eliminated. He said he also found Stipulation No. 10 interesting where it read, "New addition must be architecturally compatible with the existing home and garage." He said he did not understand who decided what was compatible. Mr. Hickok said that this was a standard stipulation on applications. Mr. Hickok said this did - not treat Mr. Phillips any different than any other petitioner. Mr. Hickok said the City was looking for something that was compatible. Staff was not meaning to prescribe what the . building was going to look like, but suggested that it be architecturally compatible. Mr. Phillips said he did not submit a plan with architectural panels. Mr. Phillips said he submitted a plan and asked the Planning Commission to say the plan, as submitted, was deemed architecturally compatible. He said they were asked to submit elevations with the application, which they did. Councilmember Billings indicated to Mr. Phillips that staff did not have to approve the submitted elevations, but rather the elevations could be submitted to either the Appeals Commission or the City Council. FRIDLEY CITY COUNCIL 1VIEETING MINUTES OF AUGUST 11, 2003 PAGE 14 Mr. Phillips indicated that this was not his intention. Councilmember Billin�s said in every variance request the language was the same. The alternative was to not have staff look at the elevations, but have the City Council look at the elevations and if Mr. Phillips would like to do that, the Council could table the application to another meeting. Once the City Council saw the elevations, the stipulations could be changed to read, "that the elevations will be e:cactly as provided in the plans that are submitted". If any changes were made to the elevations prior to or after the building permit was issued, petitioner would have to come back to the City Council to get approval to change the building in accordance with the changes made in the elevations. He said he was prepared to make a motion to table the application until Council had a chance to look at the plans. MOTION made by Councilmember Billings to table the application, seconded by Councilmember Wolfe. Councilmember Billings said there was extensive discussion at the Appeals Commission and obviously the issue was not resolved. Councilmember Bolkcom explained that every variance had the same type of language, and the applicant was not being singled out. Mr. Phillips indicated he was fine �vith Councilmember Bolkcom's explanation. Councilmember Wolfe asked Mr. Phillips if he would accept leaving in Stipulation No. 10. Mr. Phillips said he wauld. UPON A VOICE VOTE, COUNCILMEMBER BILLINGS VOTING AYE AND MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER WOLFE AND COUNCILNIEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED. Mayor Lund asked the City Attorney, if Stipulation No. 4 was within the City's legal rights. Mr. Knaak indicated that it was within the City's right to include Stipulation No. 4. This structure had a particular history and the proposed changes in the structure would potentially be consistent with something other than a single-family dwelling. So, under the circumstances, it would be permissible for the City to make this a condition. Mr. Jim Kiewel, 1631 Rice Creek Road, indicated that on his original variance there were four stipulations, but there was never a stipulation requesting that City officials come into the home. Mr. Kiewel said that he was standing on principle, which can be different than being right or justifiable. He said the stipulation was not right. He stated that his home was a single-family home. He said his rights had been violated. He said he would be happy to invite someone to his home, but forcing someone to his home was totally different. He asked that Stipulation No. 4 be removed from the variance request. Mayor Lund asked if the neighbors were opposed to the project. FRIDLEY CITY COUNCIL MEETING �IINUTES OF AUGUST 11, 2003 PAGE 15 Mr. Hickok said that there was no one at the Appeals Commission who spoke in opposition to the project. Mayor Lund asked NIr. Kiewel if there were any problems with the neighbors over this project. Mr. Kiewel said that there were no problems with his neighbors. He thanked Council for their consideration. � Mr. Knaak, City Attorney, noted that with respect to Stipulation No. 4, there would be a building inspector on site, �vhich was not unusual. What was different about this application, and it • relates to the history of this site, was it authorized the building inspector to look for something else as well, some other issue. The City is authorized to use that information. The building inspector was going to be there anyway. This was not something that was not expected for someone who was adding a significant addition to the house. It just provided additional authorization for the building inspector up front so there was no misunderstanding. Councilmember Bolkcom indicated that an appointment would be set up so that Mr. Kiewel could be there and could walk through the property with the building inspector. She asked if there would be times if the house would be inspected when the homeowner was not at home. Mr. Hickok said that it was the City's practice not to enter a property without an individual being present. The inspection was not to invade someone's privacy, just to determine if there was a code violation. Mr. Phillips said he was requesting Council's approval and Mr. Kiewel was requesting Council approval without Stipulation No. 4. Councilmember Billings asked if Stipulation No. 4 could read, "the property shall be maintained and utilized in accordance with all applicable zoning laws." Mr. Hickok indicated that statement was an assumed fact with every property in the City. Stipulation No. 4 was an added protection provided by staff. Staff presumed this was a single- family home and just want to make sure. MOTION made by Councilmember Barnette, seconded by Councilmember Bolkcom, to grant Variance Request, VAR #03-17, by David Phillips for James Kiewel, to increase the maximum size of a first accessory structure to allow the construction of an addition to an existing garage, generally located at 1631 Rice Creek Road N.E.(Ward 2) with the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall provide a hard surface driveway to garage addition within 12 months of issuance of a building permit. 3. The accessory structure shall not be used to conduct a home occupation. 4. Home must be opened to a City Building Inspector prior to start of construction to determine if the property is a legitimate single family home. 5. All sheds on property must be removed prior to building permit being "finagled". FRIDLEY CITY COUNCIL MEETING �IINUTES OF AUGUST 11, 2003 PAGE 16 6. Detailed p(ans for the new dwellina area must be submitted with building plans for the garage. 7. New basement, as labeled on site plan, must be separated from garage in accordance with buildinQ code requirements and ma�- not be converted to additional garage area. 8. Silt fence required along the east, w-est and north property lines to prevent erosion onto adjacent properties. Hay bales in s�vell areas are also required, as deemed necessary by � City staff. � 9. Due to steep jrades and amount of additional impervious surface, the water runoff velocitti- must be slowed down through the use of sod, seed, a small ponding area (rain gardenj or other landscaping. Final design to be approved by City staff prior to issuance of a building permit. Remedy must be installed prior to building permit being "finagled". 10. New addition must be architecttually compatible with the existing home and garage. Buildina elevations to be submitted to and approved by City staff prior to the issuance of a building permit. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. RESOLUTION NO. 37-2003 DECLARING THE NECESSITY TO INCREASE STOR�� WATER RATES IN EXCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER. Mr. Richard Pribyl, Finance Director, made one presentation on Items 15, 16 and 17. He said that for clarification, all of these action items were to merely set a public hearing. The three rates in question were storm water, sanitary sewer, and water. The resolution for Item No. 15 declared a necessity to increase storm water rates in excess of the inflationary index as provided by the City Charter. This resolution was required by Chapter 7.02 of the City Charter. A referendum was approved by the voters that required voter approval for any increase in utility rates that exceeded the defined index. The index that the City would use for 2004 would only provide for a 1.8% increase in rates. The City would like to increase the storm water rate by a total of 9%, or $.81 per REF-acre per quarter or an average of $.87 per residential customer per year. The Charter states that the City must provide a definition of the need for the increase and that need was the result of operation for 2003 which resulted in a net loss of $87,000. It is projected that with a 1.8% increase, the City would still incur a loss of approximately $80,000 for 2004. The City has been experiencing increased cost from federal mandates associated with the National Pollutant Discharge Elimination System. Mr. Pribyl stated that the City continued to perform storm water maintenance and upgrades to protect streets and neighborhoods from flooding. He this resolution did not commit the City to the rate increase, but only started the process required by the City Charter to take the ballot question to the voters this fall. With the passage of the resolution in accordance with the City Charter, a public hearing notice will be published three different times on these dates: August 21, 28 and September 4. The public hearing will be held on September 8 to take public comment and discuss the issue of raising the rates. If the rate increase question fails in the election this fall, the City �ti�ould be required to use cash that has been set aside for cash flow and for replacing fixed assets. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 17 Councilmember Barnette asked what the cost to the average customer would be for the storm water rate increase. 1�Ir. Pribyl said the average customer would incur an increase of $1.09 per year. Councilmember Bolkcom asked Mr. Pribv( if all the information would be presented at the public hearing. Mr. Pribyl said that at the public hearing all the increases would be reviewed. _ MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 37-2003. ' UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. RESOLUTION NO. 38-2003 DECLARING THE NECESSITY TO INCREASE SANITARY SEWER RATES IN EXCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER. Mr. Richard Pribyl, Finance Director, said this resolution was similar to the previous resolution. The difference was that the City would like to increase the sanitary sewer rates by an additional 7.2% or $.17 per 1,000 gallons of waste disposed. He said it was projected that with the 1.8% increase, the sanitary sewer fund would incur a loss of approximately $222,000. The City of Fridley was experiencing a 3% increase in the cost of waste water disposal fees and a 6.1% increase in the annual waste water permit fee charged by Met Council Environmental Services for the discharge of City-wide sewage to their treatment plants. The City continued its program of sewer pipe lining to reduce damage and the infiltration of brown water into the sanitary sewer system. The City of Fridley was requesting a rate increase for the sole purpose of reducing the operating loss for the year of 2004. The City was asking for a 7.2% increase in excess of the index and a�.17 increase per 1,000 per quarter above the index. He said the Council has the ability to increase the sanitary sewer rates without going to the voters. Mr. Pribyl said the estimated combination of the amount of increase allowed by the index and the amount requested in this resolution would cost the average customer approximately $15.00 per year. _ . Mr., Pribyl said the same process would be followed to include a public hearing and citizen vote. . MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 38-2003. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. RESOLUTION NO. 39-2003 DECLARING THE NECESSITY TO INCREASE WATER RATES IN EXCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 18 Mr. Richard Pribyl, Finance Director, explained that the City requested an increase in water rates by an additional 7.2% or $.08 per 1,000 gallons. The City needed to upgrade the main water filtration plant to meet stricter regulations imposed by the Federal EPA for the removal of Radium 226 and 228 from the City water supply. Due to its age, deteriorated condition and extremely high cost of rehabilitation, the City also needed to replace the 1.5 million gallon water storage tank constructed in 1953 which provided water pressure to the eastern third of the City. He said that with the 1.8% increase, the water fund would incur a loss of approximately $180,000. The City of Fridley requested a rate increase for the sole purpose of reducing the loss for the year 2004. He said it was that the combination of the amount of increase allowed by the index and the amount requested in this resolution would cost the average customer $7.20 per year. MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 39-2003. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. ESTIMATES: Councilmember Billings said that one of the estimates was for Hazdrives for the 2003-1 project in Marian Hills. He said he noticed as he drove through the neighborhood that there were a large number of properties that were recently sodded and the sod was turning brown. He said that that about $13,860 was set aside for partial payment for sod and the City held back about 5%. It looked as though more than 5% of the sod was not taking MOTION made by Councilmember Billing to make a partial payment to Hardrives on Project ST 2003-1 in the amount of $189,170.86 holding back an additional $3,000 for sod, and to approve the payment to Midwest Asphalt Corporation. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. INFORMAL STATUS REPORTS: Councilmember Bolkcom commended the Police and Fire Departments, the volunteers, block captains and City staff for a great National Night Out. Councilmember Bolkcom said that Banfill-Locke Center for the Arts would be holding Art at Rice Creek on Sunday, September 14, from 12:00 p.m. to 6:00 p.m. Mayor Lund reminded citizens to attend the State of the City address at 7:00 p.m., August 21 at the Fridley High School District Auditorium. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 19 ADJOURNMENT MOTION made by Councilmember Barnette, seconded by Wolfe to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE AUGUST 11, 2003 MEETING OF THE FRIDLEY CITY COUNCIL ADJOURIVED AT 10:27 P.M. i Respectfully submitted, Kathy Fischer Recording Secretary 0 0 Scott J. Lund Mayor AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 ; -- .- ._ •. . TO: WILLIAM W. BURNS, CITY MANAGER�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTIlVG PREPARATION OF THE ASSESSMENT ROLL FOR THE STREET IlVIPROVEMENT PROJECT NO. ST. 2002-1 DATE: August 28, 2003 Attached you will find the resolution directing preparation of the assessment roll for the Street Improvement Project No. St. 2002-1. This project included 97 properties. The assessment will be for 10 years at a rate of 6.5%. RDP/gt Attachment 0 1 RESOLUTION NO._-2003 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2002-1 WHEREAS, the costs for the Street Improvement Project No. ST. 2002-1 have been determined to be $669,329.66 for the contract price for such improvement and $12,206.17 for expenses incurred in the making of such improvement so that the total cost of the improvement is $681,535.83. NOW THEREFORE, BE IT RESOLVED BY TI� CITY COUNCIL OF FRIDLEY, NIINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby declared to be $571,638.31 and the portion of the cost to be assessed against benefited property owners is declared to be $109,897.52. Assessments shall be payable in equal installments e�ending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2004 and shall bear interest at the rate of 6.5 percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The clerk shall upon the completion of such proposed assessment, notify the Council thereof. PASSED AND ADOPTED BY TI� CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2003. ATT`EST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR � r • TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 WILLIAM W. BURNS, C1TY MANAGER j�Y �� RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE STREET IlVIPROVEMENT PROJECT NO. ST. 2002-1 DATE: August 28, 2003 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the Street Improvement Project No. ST. 2002-1. This project included 97 properties. These properties will be assessed a total of $109,897.52. The Public Hearing Notice will be published in the Focus newspaper on September 25, 2003 as required by State Statute. RDP/sf Attachment 3 RESOLUTION NO.= 2003 RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2002-1 WHEREAS, by resolution passed by the Council on September 8, 2003, the Finance Director was directed to prepare a proposed assessment of the Street Improvement Project No. ST. 2002-1, AND WHEREAS, the Finance Director has notified the council that such proposed assessment has been completed and filed by his ofFice for public inspection, NOW TI�REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: A hearing shall be held on the 13�' day of October, 2003 in the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing 'and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the yeaz in which such payment is made. Such payment must be made before November 15 or interest will be chazged through December 31 of the succeeding year. PASSED AND ADOPTED BY TI-� CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK � SCOTT J. LiTND - MAYOR � � GTY OF FRIDLEY TO: FROlV1: AGENDA ITEM CITY COUNCIL MEETING �F SEPTEMBER 8, 2003 WILLIAM W. BURNS, CITY NIANAGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2003 NUISANCE ABATEMENT - DATE: August 8, 2003 Attached you will find the resolution directing preparation of the assessment roll for the 2003 Nuisance Abatement. This project included 2 properties. The assessment will be for 1 year at a rate of 6.5%. RDP/sf Attachment 5 � RESOLUTION NO.= 2003 RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2003 NUISANCE ABATEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: l. It is hereby determined that the assessable cost to the following named improvement ` to wit 2003 NUISANCE ABATEMENT including all incidental expenses thereto is estimated at $6,112.15 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 0 � � � CiTY OF fRIDIEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 WILLIAM W. BURNS, CITY MANAGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE 2003 NUISANCE ABATEMENT - DATE: August 8, 2003 Attached you will find the resolution directing publication of the public hearing on the assessment �� roll for the 2003 Nuisance Abatement. This included some clean up and lawn service for 2 properties. The total assessment will be $6,112.15. The Public Hearing Notice will be published in the Sun Focus newspaper on September 25, 2003 as required by State Statute. RDP/sf Attachment 0 7 RESOLUTION NO. -2003 RESOLUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 2003 NUISANCE ABATEMENT WHEREAS, by resolution passed by the City Council on the 8`h Day of September 2003, the City Clerk was directed to prepare a proposed assessment of the cost of Nuisance Abatement; and WHEREAS, the City Clerk has notified the Council that such proposed assessment roll has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, _ Minnesota, as follows: 1. The City Council shall meet at the Fridley Municipal Center in the City of Fridley, Anoka County, Minnesota on the 13`h Day of October, 2003 at 7:30 o'clock P.M. to pass upon the proposed assessment for: 2003 NUISANCE ABATEMENT 2. The City Clerk shall publish notice of the time and place of ineeting in the official newspaper of the City at least two (2) weeks prior to such meeting. 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 : � � QT7 OF FRIDLEY DATE: TO: FROM AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 September 5, 2003 William W. Burns, City Manager (�� Scott J. Hickok, Community Development Director Grant E. Fernelius, Assistant HRA Director SUBJECT: Consider HRA Ta�c Levy for T�es Payable in 2004 Since 1996, the HRA has utilized a t� levy to help support it housing rehabilitation programs. The levy is equal to .0144% of the market value of all taxable, real property in the City. In 2002, the levy generated $219,893 and this year the Authority will collect approximately $247,100. In terms of the impact on taxpayers, the levy would cost $25.00 per year for a home valued at $175,000 and $144.00 per year for a commercial property valued at $1,000,000. The tax levy was originally implemented to help fund the HRA's revolving loan program. In 1997, the City made a loan of $1.5 million to the HRA to capitalize the loan fund. In turn, the tax levy was used to make the debt service payments. The principal balance of the loan is now $599,420. As a final note, the HRA tax levy must be certified to the County Auditor by September 15, 2003. Recommendation Staff recommends that the City Council approve the attached resolution consenting to an HRA tax levy for taaces payable in 2004. Attachment M-03-133 0 RESOLUTION NO. A RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPNIENT AUTHORITY IN A1�iD FOR THE CITY OF FRIDLEY, MINNESOTA ADOPTI�IG A 2003 TAX LEVY COLLECTIBLE IN 2004. BE IT RESOLVED by the City Council (the "Council) of the City of Fridley, Minnesota {the "City"), as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority") at its regular meeting on September 4, 2003, adopted the attached HRA Resolution No. 2003 - 2: A Resolution Adopting A 2003 Tax Levy Collectible in 2004. 1.02. The Council must consent to any Authority levy prior to its becoming effective as required by Minnesota Statutes Section 469.033. Section 2. Consent. 2.01. The Council hereby consents to the HRA Resolution and to the levy described therein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA THIS 8TH DAY OF SEPTEMBER, 2003. ATTEST: DEBRA SKOGEN, CLERK G:\WPDATA�F�FRIDLEY�OS\HRA LEVY�DOCS\C[TY RES - 2003.DOC 10 SCOTT LUND — MAY4R HRA RESOLUTION NO. 2003 - 2 A RESOLUTION ADOPTING A 2003 TAX LEVY COLLECTIBLE IN 2004 ' BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority"), as ' follows: Section 1. Recitals. 1.01. The Authority is authorized by Minnesota Statutes Section 469.033 to adopt a levy on all taxable property within its area of operation, which is the City of Fridley, Minnesota (the "City"). 1.02. The Authority is authorized to use the amounts collected by the levy for the purposes of Minnesota Statutes Sections 469.001 to 469.047 (the "General Levy"). Section 2. Findings. 2.01. The Authority hereby finds that it is necessary and in the best interests of the City and the Authority to adopt the General Levy to provide funds necessary to accomplish the goals of the Authority. Section 3. Adoption of General Levy. 3.01. The following sums of money are hereby levied for the current year, collectible in 2004, upon the taxable property of the City for the purposes of the General Levy described in Section 1.02 above: Total General Levy: .0144% of Taxable Market Value Amount: Maximum Allowed by Law 11 Page 2 — Resolution No. Section 4. Report to City and Filing of Levies. 4.01. The Executive Director of the Authority is hereby instructed to transmit a certified copy of this Resolution to the City Council for its consent to the General Levy. 4.02. After the City Council has consented by resolution to the General Levy, the Executive ` Director of the Authority is hereby instructed to transmit a certified copy of this Resolution to the County Auditor of Anoka County, Minnesota. - PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, NIINNESOTA THIS 4� DAY OF SEPTEMBER, 2003. LA�VRENCE R. COMNIERS - CHAIRPERSON ATTEST: WIL,LIAM W. BURNS - HRA DIRECTOR G:�WPDATA\F\FRIDLEY\OS\HRA LEVY�DOCS�iIRA RES - 2003.DOC c 12 f � C1TY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF SEPTEMBER 8, 2003 CLAIMS 113065 - 113332 13 � I ` i � City of Fridley AGENDAITEM City Council Meeting Of Monday, September 08, 2003 � General Contractor-Commercial Husbands For Hire Inc 2860 135 Ave NW Jon Olson Andover MN 55304- Ott Development Inc 16281 W Lincoln Ave John Riemer New Berlin WI 53151- General Contractor-Residential Accent Home Solutions (20383074) 4549 Taylor St NE Tony Voelker Columbia Heights MN 55421- All Systems Roofing Inc (8963) 2340 Charles Ave Sean Dougherty St Paul MN 55114- Bongaarts Gary Construction (20104143) 11210 54 1/2 St NE Gary Bongaarts Albertville MN 55301- P K Construction of Taylor Falls (20388270) PO Box 296 Par Widlund Taylor Falls MN 55084- Topline Construction Roofing LLC (20218483) 200 W 98 St #150 Scott Rise Bloomington MN 55417- Williams Ron Construction 600 Janesville St NE Ron Williams Fridley MN 55432-1836 14 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of M N State of MN State of MN State of MN � � Plumbinq Steinkraus Plumbing 112E5St#101 Chaska MN 55318- Wagner F G Pibg 8� Htg Inc 2121 Oakridge St St Paul MN 55119- Siqn Erector Pascual Signs 10856 Hwy 81 Maple Grove MN 55369- � Merle Steinkraus Joe Femlund William Cragg 15 Approved By: State of MN State of MN Ron Julkowski Building Official : AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 `� oF ESTI MATES FRIDLEY Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374-9461 � 2003 Street Improvement Marian Hills Project No. ST 2003 — 1 EstimateNo. 3 ....................................................................................... $191,897.95 Midwest Asphalt Corp. 5929 Baker Road, Suite 420 Minnetonka, MN 55345 Hickory Drive Watermain Replacement Project No. 350 EstimateNo. 1 ....................................................................................... $ 48,958.40 Creative Curb Contractors LLC 64358 - 375`h Street Watkins, MN 55389 2003 Miscellaneous Concrete Repair Project No. 351 EstimateNo. 3 ....................................................................................... $ 4,135.45 � 16 � � � QTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY Ct�UNCIL MEETING OF September 8, 2003 William W. Burns, City tiianager�� Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk August 28, 2003 PUBLIC HEARING TO INCREASE SANITARY SEWER RATES IN EXCESS OF THE INDEX PROVIDED IN THE CITY CHARTER Fridley City Charter Section 7.02.03 requires that any fees created, or increased beyond the limits set forth in subsection l, shall require voter approval as stipulated in subsection 2. T'he Charter defines fees as "sales and use taxes, utility charges, recycling fees, gas and electric franchise fees and any other fees that produce a tax burden or direct financial obligation for all property owners and/or residents of Fridley." The increase in sanitary sewer rates is needed for several reasons. First, the City is experiencing a 3% increase in the cost of wastewater disposal rates and a 6.1% increase in annual wastewater germit fee charges by the Metropolitan Council Environmental Services for the discharge of city-wide sewage to their treatment plants. Second, the City needs to continue its program of sewer pipe linin� to reduce damage and infiltration of groundwater into the sanitary sewer system. And, lastly, the City needs to continue the on-going cleaning, maintenance, repair and upgrade of its sanitary sewer system to help prevent blockages or other system backups. To increase the needed fees for the sanitary sewer rates it would require us to use the process identified in the Charter which follows the timeline outlined below. August 11, 2003 August 14, 2003 August 21, 2003 August 28, 2003 September 4, 2003 Adopt Resolution Declaring Necessity for Increase and Specifying Purpose of Increase Notice of Public Hearing sent to Fridley Focus Publish Notice of Hearing (per City Charter) September 8, 2003 Hold Public hearing September 8, 2003 Adopt Resolution Calling for Election and Ballot Question (resolution must be adopted by at least a 4/�'s vote). November 4, 2003 Election —Increase shall only take effect with 51 °�o of the votes cast in favor of the question. 17 / a cmr oF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF September 8, 2003 William W. Burns, City Manager �,� � Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk August 28, 2003 PUBLIC HEARING TO INCREASE STORM WATER RATES IN EXCESS OF THE INDEX PROVIDED IN THE CITY CHARTER Fridley City Charter Section 7.02.03 requires that any fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. The Charter defines fees as "sales and use taxes, utility chaxges, recycling fees, gas and electric franchise fees and any other fees that produce a tax burden or direct financial obligation for all property owners and/or residents of Fridley." The increase in storm water rates is needed for several reasons. First, the City is experiencing increased costs to maintain the storm sewer system as a result of federal mandates set forth in the National Pollutant Discharge Elimination System. Second, the City needs to perform maintenance and upgrades to the storm sewer system to help protect the city's streets and neighborhoods from flooding. And, lastly, the City has found the need to increase storm water rates for the sole purpose of reducing any operating losses. To increase the needed fees for the storm water rates it would require us to use the process identified in the Charter which follows the timeline outlined below. August 11, 2003 August 14, 2003 August 21, 2003 August 28, 2003 September 4, 2003 Adopt Resolution Declaring Necessity for Increase and Specifying Purpose of Increase Notice of Public Hearing sent to Fridley Focus Publish Notice of Hearing (per City Charter) September 8, 2003 Hold Public hearing September 8, 2003 Adopt Resolution Calling for Election and Ballot Question (resolution must be adopted by at least a 4/5's vote). November 4, 2003 Election —Increase shall only take effect with 51 % of the votes cast in favor of the question. 1 � � � GTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF September 8, 2003 William W. Burns, City Manager � � Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk August 28, 2003 PUBLIC HEARING TO INCREASE WATER RATES IN EXCESS OF THE INDEX PROVIDED IN THE CITY CHARTER Fridley City Charter Section 7.02.03 requires that any fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. The Charter defines fees as "sales and use taxes, utility charges, recycling fees, gas and electric franchise fees and any other fees that produce a tax burden or direct financial obligation for all property owners and/or residents of Fridley." The increase in water rates is needed for several reasons. First, the City needs to replace the 1.Smillion gallon water storage tank constructed in 1953 which provides water pressure to the eastern third of the city due to its age, deteriorated condition and the extremely high cost of rehabilitation; Second, the City needs to upgrade the water filtration plant to meet stricter regulations imposed by the Federal EPA for the removal of Radium 226 and Radium 228 from the city water supply; and third, the City needs to continue to perform the on-going maintenance, repairs and upgrades to the wells and distribution system and piping infrastructure serving the city. To increase the needed fees for the water rates it would require us to use the process identified in the Charter which follows the timeline outlined below. August 11, 2003 Adopt Resolution Declaring Necessity for Increase and Specifying Purpose of Increase August 14, 2003 August 21, 2003 August 28, 2003 September 4, 2003 Notice of Public Hearing sent to Fridley Focus Publish Notice of Hearing (per City Charter) September 8, 2003 Hold Public hearing September 8, 2003 Adopt Resolution Calling for Election and Ballot Question (resolution must be adopted by at least a 4/5's vote). November 4, 2003 Election —Increase shall only take effect with 51 % of the votes cast in favor of the question. �� / � qT1' OF FRIDLEY TO: FROVI : AGENDA ITEM COUNCIL MEETING OF September 8, 2003 `VILLIAVI W. BL'R1�TS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK SUBJECT: RESOLUTION DECLARING A QUESTION BE PLACED ON THE NEXT REGULAR MUNICIPAL ELECTION, 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 CONTII�TUING PROGRAM�vIING AT SPRINGBROOK NATURE CENTER. DATE: September 4, 2003 Attached is a resolution provided to the City Council in anticipation of an election that would allow for tax levy authority for the sole purpose of providing �275,000 for the administration, maintenance and �rogramming of the Springbrook Nature Center. A few years ago, the Ciry Charter was modified to place a lunit 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 prograrruning at the Springbrook Nature Center. There are a mimber 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 at the next regular municipal election if approved by at least a 4/5's vote of Council. To ensure the question is placed on this 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 tu�es. The "Truth in Taxation" 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 Tax Levy would then be reduced in the amount of �275,000. On Aub st 25, 2003, the City Council tabled this resolution. Staff is recommending a motion removing the resolution from the table and taking some form of action on the resolution. RDP/me Attachment ZO � RESOLUTION NO. -2003 A RESOLUTION DELCARING A QtiESTION TO BE PLACED ON THE BALLOT AT THE NEYT REGULAR MUNICIPAL ELECTION, TO LEVY A TAX `tiHICH IS IN EXCESS OF THE I�TFLATIONARY INDEX FOR TAX LEVY REQUIREVIENTS FOR 2004 TO THE COUNTY OF A1�10KA FOR COLLECTION FOR THE PtiRPOSE OF CONTINUING PROGRAMING AT SPRIi�IGBROOK 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 4.02 of the Fridley City Charter allows the Ciry Council by resolution to designate a regular municipal election on the first Tuesday after the first Monday of November, provided 15 days' published notice shall be given of said regular municipal 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 Coatnci! of'the C'ity of Fridle�> has proposed tn increuse its tux levy f'or general city pairposes by v�275, (lU0 beyond the inde.red limit ullowed by the Cit}� of Fi•idley Charter. The additional revenue x�ill be u.red to fund the adsninistration, maintenance and progrurnming of the Springbf•nok NatLrre Center The proposed �•ef'erendum revenue authorizatinn woaild be applicable as a permanent levy indexed by the sanae limits imposec� on the general tuz levy us set out in section 7. 01 of the City of Fridley City Chur-ter. � YES Shall the increase in the revenue proposed by the City Council of , the City of Fridley be approved.? � NO 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 Ciry for at Ieast three weeks prior to said election. 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 21 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. PASSED AIvD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2003. ATTEST: Debra A. Skogen, City Clerk 22 Scott J. Lund, Mayor � � CfTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF September 8, 2003 William W. Burns, City Manager ��t�l t' • �. Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant August 26, 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 yeaz. 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 .758.745 Tota12004 Levy On August 25, 2003, the City Council tabled the resolution. Staff recommends a motion removing the resolution from the table and adopting the resolution certifying the proposed tax levy requirements for 2004 to Anoka County. 23 RESOLUTION NO. - 2003 A RESOLUTION CERTIFYING PROPOSED TAX LEVY REQUIREMENTS FOR 2004 TO 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 PRO7ECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Ciries Watershed Management Organization Stonybrook Creek Sub-Watershed District TOTAL ALL FUNDS $ 6,372,785 275,000 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 24 Scott J. Lund, Mayor � � � CTfY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF September 8, 2003 William W. Burns, City Manager /� �� Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant September 4, 2003 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 that was presented and tabled on August 25, 2003. Chapter 275 requires the City to certify a proposed budget to the County Auditor prior to September 15. We request the City Council make a motion removing the resolution from the table and adopt the 2004 proposed budget resolution, shown in Attachment 1, 25 Attachment 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 Nlanager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several rimes 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, Penalries, Forfeited Licenses and Permits Licenses Permits Intergovemmental: Federal State- Local Government Aid All Other Charges for Services: General Government Public Safety Public Works Community Development Recreation Fines and Forfeits Special Assessments Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Liquor Fund Closed Debt Service Fund Employee Benefit Fund Police Activity Fund $ 6,372,785 40,500 215,050 260,100 4,000 942,038 598,282 846,350 103,050 18,570 8,840 208,900 176,720 4,500 200,000 153,400 25,000 450,000 232,900 0 478,393 TOTAL REVENUES AND OTHER FINANCING SOURCES 11,339,378 Legislative: Ciry 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 Rentallnspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Recreation: Recreation Naturalist Communiry Development Building Inspection Planning 26 APPROPRIATIONS $ 106,226 205 13 255,184 150,418 319,537 32,785 642,285 157,672 241,573 132,255 3,868,464 15,567 912,666 123,795 234,760 463,417 193,600 875,315 1,221,546 776,203 5,835 27�,093 334,610 0 � Fund Balance: General Fund Reserve Reserve: 101,646 Emergency NondepartmentaL Attachment 1 100,000 0 TOT�I. GE\ER.�L FUYD � 11,441,024 $ 11,431,02�4 � SPECIAL REVENL'E FUNDS Cable N Fund $ 182,000 $ I15,979 Grant Management Fund 80,032 80,032 Solid Waste Abatement Fund 274,808 308,�04 Housing Revitializarion Fund 0 0 Police Activity Fund 50,000 478,393 Fund Balance 396.068 TOTAL SPECIr1L REVENUE FUNDS $ 982,908 $ 982,908 � CAPITAL PROJECI'S FUND Capital Improvement Fund Taxes-Current Ad Valorem $ 95,860 General Capital Improvement $ 15,000 Interest on Investmenu 128,097 Streets Capitai Improvement 50,000 Park Fees 10,000 Parks Capital Improvement 0 Fund Balance 16( 8,957) TOTAL CAPITAI. PROJECTS FL`ND $ 65,000 $ 65,000 � AGENCY FUP1D Six Cities Watershed Fund Six Cities Taxes-Current Ad Valorem 6,200 Watershed 6,200 TOTAL AGEtiCY FUND $ 6,200 $ 6,200 � TOTAL ALL FUNDS $ 12,495,132 $ 12,495,132 � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2003. . _ ATTEST: � : t • • �{�Ze��i�M��i�1��:�� 27 SCOTT J. LUND - MAYOR � � CfTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF September 8, 2003 `Villiam `V. Burns, City Manager � � � Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk September 4, 2003 Resolution Designating Polling Places for the Regular Municipal Election to be Held November 4, 2003 Section 4.02 of the Fridley City Charter allows a regular municipal elecrion to be held on the first Tuesday after the first Monday in November at such place or places a.s the City Council may designate by resolution. The attached resolution designates the polling places and date for a 20�3 regular municipal election. 0 0 ��;� � � RESOLUTION NO. - 2003 RESOLUTION DESIGNATING POLLING PLACES FOR TI� REGULAR MUNICIPAL ELECTION TO BE HELD NOVENIBER 4, 20O3 WHEREAS, Section 4.02 of the Fridley City Charter states, "that regular municipal elections shall be held on the first Tuesday after the first Monday in November, at such place or places as flie City Council may desi�mate by resohition." NOW, THEREFORE, BE IT RESOLVED by the City Couacil of the City of Fridley, Anoka County, Minnesota, at a regular meeting on September 8, 2003: SECTION 1. Hereby designate November 4, 2003, the first Tuesday after the first Monday in November of 2003, to be a regular municipal election: SECTION 2. That the polling places for said elecrion shall be as follows: Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ware 2 Precinct 5 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Grace Evangelical Free Church Hayes Elementary School Fridley Municipal Center Fridle y Community Center Woodcrest Elementary School Knights of Columbus St. Philip's Lutheran church North Park Elementary School North Park Elementary School Springbrook Nature Center Redeemer Lutheran church Stevenson Elementary School Fridley Covenant Church SECTION 3. That the polling place will be open from 7:00 a.m. to 8:OQ p.m. for the purpose of voting: PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2003. ATTEST: DEBRA A. SKOGEN, CITY CLERK 29 SCOTT J. LUND, MAYOR � � CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETiNG OF September 8, 2003 TO: `VILLIAlVI W. BURNS, CITY A�IA:�IAGER ,�,y� � '1 � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK SUBJECT: RESOLUTION DECLARING A QUESTION TO BE PLACED ON THE BAI,LOT AT TAE NEXT REGULAR MUlvICIPAL ELECTION, TO L1ICREASE THE SANITARY SEWER RATES IN EXCESS OF THE ` Lr`FLATIONARY INDEX OR 5%� WHICAEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER DATE: September 4, 2003 A few years ago, the City Charter was modified to place a limit on the amount of increase that could be placed on fees. Increases in the sanitary sewer rates are necessary at this time for several reasons. First, the City is experiencing a 3% increase in the cost of wastewater disposal rates and a 6.1 % increase in annual wastewater permit fee charges by the Metropolitan Council Environmental Services for the discharge of cit�wide sewage to their treatment plants. Second, the City needs to continue its program of sewer pipe li.ning to reduce damage and infiltration of groundwater into the sanitary sewer system. And, lastly, the City needs to continue the orrgoing cleaning, maintenance, repair and upgrade of its sanitary sewer system to help prevent blockages or other system backups. � This resolution identifies the ballot language that would appear on the ballot at the next regular municipal election if approved by at least a 4/5's vote of Council. In order to ensure fhe ques�ion is placed on the November ballot, the resolution must be adopted this evening to meet the election requirements. This increase is estimated to cost an average con.sumer in Fridley(18,000 gallons/Quarter) a total of �15.12 per year. This total includes the rate allowed by the City Charter of �.04/1,000 gallons and the amount of �.17/1,000 �allons being requested in this resolution, for a total increase of �.21/1,000 gallons.. The Notice of Public Hearing was published in the Fridley Sun Focus on August 21 and 28 and September 4, as required by the Charter and the public hearing was held this evenulg. Staff recommends a motion ado�ting the resolution shown in Attachment 1. 30 RESOLII'TION NO. -2003 A RESOLUTION DELCARING A QUESTION TO BE PLACED ON THE BALLOT AT THE NEXT REGULAR 1�IUNICIPAL ELECTIOti, TO INCREA5E SA�IITARY SEWER RATES IN EXCESS OF THE INFLATIONARY I�IDEX OR 5%, WHICHEVER IS LESS, AS REQL'IRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER WHEREAS, the Fridley City Cotmcil adopted Resolution No. 38-2003 on August 11, 2003, declaring the necessity for an increase in sanitary sewer rates and specifying the purpose of the increase for the year 2004 due to the increase in cost of wastewater disposal and permit fee charges by the Metropolitan Council Envirorunental Services, to continue the Ciry's program of sewer pipe lining to reduce damage and infiltration of goundwater into the sanitary sewer system, and to continue the orrgoing cleaning, maintenance, repair and upgrade of the City's sanitary sewer system to help prevent blockages or other system backups; and WHEREAS, after publishing a hearing notice on August 21 and 28, and September 4, 2003 as required by Section 7.02 of the Fridley City Charter, the City Council held a public hearing on September 8, 2003; and. WHEREAS, Section 4.02 of the Fridley City Charter allows the City Council by resolution to designate a regular municipal election that shall be held on the first Tuesday after the first Monday of November, provided 15 days' published notice shall be given of said regular municipal 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 Fridley City Council has propnsec� to increc�se the .ranitury sewer rutes by the umozcnt of' $.17 per 1, OIJ�J gallons in excess of'the inde.red rate allowed by the Citv Charter. The udditional revenue will be used to help off.sei the increased fees charged by the Met�•opolitun Caunci! Envirnnrnentul Services und to help f'und the mczintenance and upgr•acle,s to reduce damage und infiltration nfgr•oundwuter into the sanitary .sewer system und help prevent blockuges or other system backzrp.s �f the sanitary sewer sy,rtem. � YES . Shall the increase in the sanitary sewer rates proposed by the City Council of the City of Fridley be approved`? �� NO 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. 31 BE IT FURTHER RESOLVED that the election shall be held at the usual poiling 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 FLTRTHER 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. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THI5 _ DAY OF SEPTEMBER 2003. ATTEST: Debra A. Skogen, City Clerk K �• � Scott J. Lund, 1�Iayor 0 / � QTY OF FRIDLEY TO: AGENDA ITEM COUNCIL MEETlNG OF September 8, 2003 WILLIAM W. BURNS, CITY ��IANAGER FRONI: RICHARD D. PRIBYL, FINAl�iCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK SUBJECT: RESOLUTION DECLARING A QUESTION TO BE PLACED ON THE BALLOT AT THE NEXT REGULAR MU1vICIPAL ELECTION, TO INCREASE THE STORM WATER RATES IN EXCESS OF TIiE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER DATE: September 4, 2003 A few years ago, the City Charter was modified to place a limit on the amount of increase that could be placed on fees. Increases in the storm water rates are necessary at this time for several reasons. First, the City is experiencing increased costs to maintain the storm sewer system as a result of federal mandates set forth in the National Pollutant Discharge Elimination System. Second, the City needs to perform maintenance and upgrades to the storm sewer system to help protect the city's streets and neighborhoods from flooding. And, lastly, the City has found the need to increase storm water rates for the sole purpose of reducing any operating losses. This resolution identifies the ballot language that would appear on a ballot at the next regular municipal election if approved by at least a 4/5's vote of Council. In order to ensure the question is placed on this November ballot, the resolution must be adopted this evening to meet the election requirements. This increase is estimated to cost an average homeowner in Fridley a total of � 1.08 per year. This amount of made up of the rate allowed b y the City Charter of $.OS per quarter and an additional �.22 per quarter if approved by the voters for a total increase of �.27/quarter. The Notice of Public Hearing was pubfished in the Fridley Sun Focus on August 21 and 28 and September 4, as required by the Charter and the public hearing was held this evening. Staff recommends a motion adopting the resolution shown in Attachment l. 33 RESOLUTION NO. _-2003 A RESOLUTIO�i DELCARI�iG A QUESTION TO BE PLACED ON THE BALLOT AT THE NEXT REGULAR vIUNICIPAL ELECTION, TO INCREASE STOR�VI WATER RATES IN EXCESS OF TAE INFLATIONARY I�TDEX OR 5°/a, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF TAE FRIDLEY CITY CHARTER WHEREAS, the Fridley C�ty Council adopted Resolution No. 37-2003 on August I1, 2003, declaring the necessity for an increase in stonn water rates and specifying the purpose of the increase for the year 2004 for the maintenance and upgrades to the storm sewer system to help protect our streets and neighborhoods from flooding and to help recover the increased costs resulting from the federal mandates imposed by the National Pollutant Discharge Elimination System; and WHEREAS, after publishing a heari.ng notice on August 21 and 28, and September 4, 2003 as required by Section 7.02 of the Fridley City Charter, the City Council held a public hearing on September 8, 2003; and WHEREAS, Section 4.02 of the Fridley Ciry Charter allows the City Council by resolution to designate a regular municipal election that shall be held on the first Tuesday after the first Monday of November, provided 15 days' published notice shall be given of said regular municipal 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 Fric�ley City Council hus proposed to increase the storm �.�ater• rates bv $. �S per REF-acr•e exceeding the indexed r•ate allowecl by the City Ghurter•. The udditional revenue will be used to fi�nd the mrzintenance a�zd upgrac�es to the stor�n sewer system to hetp protect our street.s and neighborhvod,s frorn flooding and to r•ecover the increased.fees r•esulting from the federal mandate i»iposed by the National Pollutant Discharged Elimination Sy.stem. � �S Shall the i.ncrease in the storm water rates proposed by the City Council of the City of Fridley be approved? ��.1+ �T O 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 Ciry for at least three weeks prior to said election. 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 34 the Minnesota State Statutes applicable to municipal elections and the provisions of the Home Rule Charter. BE IT FURTHER RES�LVED 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 dlereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF SEPTEMBER 2003. ATTEST: Debra A. Skogen, City Clerk 35 Scott J. Lund, Mayor / � QTY OF FRIDLEY TO: FROM: AGENDA ITEM COUNCIL MEETING OF September 8, 2003 WILLIAM W. BURNS, CITY MANAGER �� RICHARD D. PRIBYL, FINAI�iCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK SUBJECT: RESOLUTION DECLARING A QUESTION TO BE PLACED ON THE BALLOT AT THE NEXT REGULAR MUlvICIPAL ELECTION, TO INCREASE THE WATER RATES IN EXCESS OF THE INFLATIONARY -- INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER DATE: September 4, 2003 A few years ago, the City Charter was modified to place a limit on the amount of increase that could be placed on fees. An increase in water rates is necessary at this time for several reasons. First, the City needs to replace the 1.Smillion gallon water stora�e tank constructed in 1953 which provides water pressu.re to the eastem third of the city due to its age, deteriorated condition and the extremely high cost of rehabilitation; Second, the City neecis to upgrade the water filtration plant to meet stricter regulations imposed by the Federal EPA for the removal of Radium 226 and Radium 228 from the city water supply; and third, the City needs to continue to perform the oir going maintenance, repairs and upgrades to the wells and distribution system and piping infrastructure serving the city. This resolution identiiies the ballot lan�uage that would appear on a ballot onthe ballot at the next regular municipal election if approved by at least a 4/5's vote of Council. In order to ensure the question is placed on this November ballot, the resohrtion must be adopted this evening to meet fhe election requirements. , This increase is estimated to cost an average consumer in Fridley(18,000 gallons/quarter) a total of �7.20. The total includes the rate allowed by the City Charter of $.02/1,000 gallons and the amount of $.08/1,000 gallons for a total increase of �.10/1,000 gallons. The Notice of Public Hea.ring was published in the Fridley SuirFocus on August 21 and 28 and Septeinber 4, as required by the Charter and the public hearing was held this evening. Staff recommends a motion ado�ting the resolution shown in Attachment 1. 36 RESOLUTION NO. -2003 A RESOLUTION DELCARING A QUESTION TO BE PLACED ON THE BEILLOT AT . THE NEXT REGULAR MUNICIPAL ELECTION, TO INCREASE WATER RATES IN EXCESS OF THE INFL�TIONARY INDEX OR 5%, WHICI3EVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER WHEREAS, the Fridley City Co�mcil adopted Resolution No. 39-2003 on August 11, 2003, , declaring the necessity for an increase in water rates and specifying the purpose of the increase for the year 2004 for the replacement, upgrade, and maintenance of the wells and distribution system and piping infrastructure in the City; and WHEREAS, after publishing a hearing notice on August 21 and 28, and September 4, 2003 as required by Section 7.02 of the Fridley City Charter, the City Council held a public hearing on September 8, 2003; and WHEREAS, Section 4.02 of the Fridley City Charter allows the City Council by resolution to designate a regular municipal election that shall be held on the first Tuesday after the first Monciay of November, provided 15 days' published notice shall be given of said regular municipal election; and VVHEREAS, 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 Fridlcry City Council has proposed to increase the water rates hy $.08 per 1, 000 gallons of' water conszemed, rzlnng with un increase to the senior citizen f•ates in the umount vf $.11b per• 1, 000 gallons of water consumed, in excess of the indexed rate ullnwed bl� the City Charter. The adciitionul reventce will be acsed to fund the replacement, Lcpb ade, and rnuintenunce of the Fr•idley wells ancl distribution systefn anc� pipzng infrastrueture in the City. � YES Shall the increase in the water rates proposed by the City Council of the City of Fridley be approved? � NO e NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall cause notice of said election for November 4, 20U3, 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. 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 elecrions and the provisions of the Home Rule Charter. 37 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. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF SEPTEMBER 2003. ATTEST: Debra A. Skogen, City Clerk : Scott J. Lund, Mayor 0 0 � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 FRIDLEY INFORMAL STATUS REPORTS 39 • ± p �- y � '- - FRIDLEY CITY CaUNCIL MEETING OF SEPTEMBER 8, 2003 QiY 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 ofi race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. 6'L. APPROVAL OF PROPOSED CONSENT AGENDA: �' �� ' �` NEW BUSINESS (CONTINUED): � PROCLAMATlON: Patriot Day- September 11, 2003 Domestic Violence Awareness Month - October, 2003 �,� _ �� i� �� _ ;��,�� 1,� Z /l1 � APPROVAL OF PROPOSED CONSENT AGENDA: �� APPROVAL OF MINUTES: � � 2N `ew � Cit Council Meetin of Au ust 11 2003 / Y 9 9 . C�-GZGe.- 4. Resolution Directing Publication of Hearing on the Proposed Assessment Roll for the 2003 Nuisance Abatement ................. 7 - 8 � I � � � .�.� C� � � �� 5. Resolution Consenting to the Housing and � "�, Redevelopment Authority in and for the City�� of Fridley, Minnesota, Adopting a 2003 Tax n Levy Collectible in 2004 ................ 9- 12 -�� G�e. �-/ 6. �.�. �� °��° NEW BUSINESS: 1. Resolution Declaring Cost to be Assessed and 7. Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST. 2002-1 ................................... 1 -2 �G�� ;� �-�-i� 2. Resolution Directing Publication of the Hearing on the Proposed Assessment for Street Improvement Project No. ST. 2002 -1 ................................... 3 - 4 ��3.,�1 Resoiution Directing Preparation ofi the Assessment Roll for the 2003 Nuisance Abatement ................................... 5 - 6 ��' � "`� �— Claims Licenses 8. Estimates ......... ADOPTION OF AGENDA. � �.�-�' �� 13 14 - 15 ....... 16 OPEN FORUM, VISITORS: Consideration of items not on Agenda -15 mi s. � f . "fl M .. s FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAG�: 2 PUBLIC HEARINGS: NEW BUSINESS: 9. Consideration of Increasing Sanitary Sewer 15. Resolution Designating Polling Places for �� Rates in Excess of the Index Provided in the the Regular Municipal Election to be eld �g� Fridley City Ch�rter .................. 17 November 4, 2003 .... ' . 28� 29 a�- f� ��'� �,�.� - ��,,� � 2 N p--� � �� . .� i�'� � � � ,�� `� --�- 4'�- �i �. . �4 ` 2e�� — Q� �� 16. Resolution Declaring a Question to be Placed on the Ballot at the Next Regular 10. Consideration of Increasing Storm Water Municipal Election to Increase Sanitary Rates in Excess of the Index Provided in the Sewer Rates in Excess of the Inflationary Fridley City Charter .................. 18 Index or 5%, Whichever is Less, as 6/�Piw-`� /�, ,�,._,� /� ,� __ n� � Required by Section 7.02 of the Fridley � �<--��` ��'``- � City Charter �� ................. 30 - 32 � �� S� � �� - � 2N � � �.�� I%O ��'�/�� "� f l/� �1�� 6f1�;�;1��t, N�- � i 7`� � �� 11. Consideration of Increasing Water Rates 17. Resolution Declaring a Question to be �� G� in Excess of the Index Provided in the Placed on the Ballot at the Next Regular Fridley City�er ................... 19 Municipal Election to Increase Storm C�,�Q,� `� ) ' Water Rates in Excess of the Inflationary %"�"" � �� Index or 5%, Whichever is less, as ay ,�l ��C� ��- Required by Section 7.02 of the Fridley �F _�'C.�,� �� p City Charter .............. .................. 33 - 35 � ��/' � � OLD BUSINESS: �� ° �� y�. � -- 12. Resolution Declaring a Question to be �J�� i,j�li Placed on the Ballot at the Ne� Regular /� , � Municipal Election, to Levy a Tax Which is 18. Resolution Declaring a Question to be ��fJ in Excess of the Inflationary Index for Tax Placed on the Ballot at the Next Regular �,t� Levy Requirements for 2004 to the County Municipal Election to Increase Water Z N,Q,�`�' =' of Anoka for Collection for the Purpose of Rates in Excess of the Inflationary ��j'�yc Continuing Programming at Springbrook Index or 5%, Whichever is Less, as � Nature Center (Tabled August 25, Required by Section 7.02 of the Fridley 2003 .... .............. 20 - 22 Ci Charter ........ ........ 36 - 3�� /� � '� �- ri ....... ......... �F � �� N.p • ��1 l� � � ��,�-- . � �� / �° �. �� zQ� 13. Resolution Certifying Proposed Tax Levy . �� Requirements for 2004 to the County of �� 19. Informal Status Reports 39 ..................... �/Lb �- An ka (Ta led August 25, 2003) ........ 23 - 24 n � �-1 i /� ��'� l� ��= d��,`� �r� � ��_ �, �a,l�- � � �es �,�d.��%� (� Z� � �1 � Z �'' a -�" / " - �/� L�� ° . �� "� � . �� 14. Resolution Adoptmg the Proposed Budget �`� � y�� for the Fiscal Year 2004 (Ta led August 25, `�� ADJOURN. ,Q ' (� . 2003) ............ ... .. ..:�...... 25 - (�1 � 2�� L U� N'wti � li�,. a %� �� °l � �ol� �a�� p, ,� �� 2 Ev n,� Z� p �,�� j��1,4 . � � �