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09/29/2003 - 4616F • I . � � �� .,� OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING � SEPTEMBER 29, 2003 � � CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 QTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, ` national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to ti 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: Student Foreign Exchange Week: Sepfember 29 — October 5, 2003 Nat Boonjunwetvat from Thailand Andrea Mier-Vaca from Bolivia Luis Pereire from Paraguay Fire Prevention Week: October 6— 12, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Councii Meeting of August 25, 2003 � FRIDLEY CITY COUNCIL MEETI�IG OF SEPTEMBER 29, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of September 17, 2003 ..................................................... 1- 6 2. Special Use Permit Request, SP #03-13, � by Brian Bona, to Allow the Expansion of an Automobile Service Station to Connect the Existing Gas Station and Service Station, Generally Located at 5333 and 5311 University Avenue N.E. (Ward 1) ........................................................................ 7- 12 3. Preliminary Plat Request, PS #03-05, by the City of Fridley, to Allow the Exchange of Property in Order to Correct an Encroachment on City-Owned Land, Generally Located at 1419 West Danube Road and Farr Lake Park (Ward 2) ....................................................................................................... 13 4. Approve an Extension of Time for a Final Plat, � PS #03-02, by Jeffrey Cruz, to Divide Three Parcels into Eight Single Family Lots, Generally Located at 1540 Rice Creek Road N.E. (Ward 2) .............................................. 14 - 15 5. Approve Change Order No. 2 to the 2003 Street Improvement Project No. ST 2003 — 1 ............................................................... 16 - 1 S 0 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 6. Resolution Providing for Sewer Rate (ncreases ................................................. 19 - 20 7. Resolution Providing for a Storm Water Drainage RateChange ...................................................................................................... 21 - 22 8. Resolution Providing for Water Rate Change .................................................... 23 - 24 9. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. ST. 2003 1 ............................................. 25 - 26 10. Resolution Directing Publication of the Hearing on the Proposed Assessment for Street Improvement Project No. ST. 2003 - 1 ................................................................. 27 - 28 11. Claims ....................................................................................................... 29 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 12. Licenses ....................................................................................................... 30 - 34 13. Estimates ....................................................................................................... 35 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: 14. Consideration of Issuing an On-Sale Intoxicating Liquor License to George Michael Schrauth for GMME Dough, Inc., d/b/a Broadway Bar & Pizza, Generally Located at 8298 University AvenueN.E. (Ward 3) ........................................................................................ 36 - 37 0 15. Informal Status Reports ..................................................................................... 38 ADJOURN. (1 �. �r � . %1 ( /1 ( _. � __� _. C __. �tudent �'oreign �xchange �eek �eptember �� — Q�ctober �, ��D3 , , WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a prog�am which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim September 29 through October S, 2003, as Student Foreign Exchange Week, IN HONOR OF NAT BOON.TUNWETVAT FROM THAILAND BE IT FURTHER RESOLVED, that Nat Boonjunwetvat be made an honorary citizen of the City of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affuced this 29th day of September, 2003. Scott J. Lund, Mayor �r � _. �r �-_ ��_ _. �1 ( �� , � � , � � _� �'tudent �"oreign �'xchange �eek September �9� — Q�ctober �, ��3 . , WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the edzccation and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of F�idley, hereby proclaim September 29 through October S, 2003, as Student Foreign Exchange Week, IN HONOR OF ANDREA MIER- VACA FROM BOLI VIA BE IT FURTHER RESOLVED, that Andrea Mier-Vaca be made an honorary citizen of the City of Fridley, Minnesota, during her stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affi.xed this 29th day of September, 2003. Scott J. Lund, Mayor n (1� _._�� r ---C�= /� ( /� ( � � . C _� �tudent �'oreign �xchange �eek �eptember �,� — Q�ctober �, ��DQD3 .� WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim September 29 through October S, 2003, as Student Foreign Exchange Week, IN HONOR OF L UIS PEREIRE FROM PARAGUAY BE IT FURTHER RESOLVED, that Luis Pereire be made an honorary eitizen of the City of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be a�xed this 29th day of September, 2003. Scott J. Lund, Mayor �� C _._, rr _� � J �� ` �� % __, � I � fl� I �) �\ l �� 1 �� , �� '� l I f►� �� 1 i ' � � % �) ��) � �s� WHEREAS, public safety is a top priority in Fridley; and, WHEREAS, safety from fire is important both to citizens and local firefighters, who put their lives on the line with every response to a fire; and, WHEREAS, residents of Fridley must take action to prevent frres and to protect themselves if fire strikes; and, WHEREAS, awareness of simple safety practices can help lower our local fire death and injury rates; and, WHEREAS, working smoke alarms on every level and in sleeping rooms, together with a home f re escape plan and regular drills are essential for every household in Fridley; and, WHEREAS, Fridley is joining the National Fire Protection Association (NFPA) in teaching lifesaving messages in conjunction with Fire Prevention Week; and, WHEREAS, the Fire Prevention Week 2003 theme, "When Fire Strikes: Get Out! Stay Out!" is an important reminder for all citizens of Fridley. NOW, THEREFORE, BE IT RESOLT�ED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the week of October 6 through 12, 2003, as �� , � ►► , , in the City of Fridley. This week is commemorated across North America and supported by the public safety efforts of frre departments, schools and other safety advocates in conjunction with the NFPA. The Fridley Fire Department invites all residents to visit the Fire Department during their annual open house on Saturday, October 4, 2003 from 11: 00 a.m. to 3: 00 p.m. I call upon the people of Fridley to remember the Fire Prevention Week 2003 caution, "When Fire Strikes: Get Out! Stay Out! " and urge all citizens to heed the advice to install smoke alarms and plan and practice ftre drills. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 29th day of September, 2003. Scott J. Lund, THE ly ZINUTES OF THE EY CITY COUNCIL � OF AUGUST 25, 2003 . . � . � � . . . - .k. . _�. CITY OF FRIDLEY CITY COIJNEIL MEETING MINUTES Ati GUST 25, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Niayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom MEMBERS ABSENT: None OTHERS PRESENT: William W. Burns, City Manager Richard Pribyl, Finance Director/Treasurer Scott Hickok, Community Development Director Frederic Knaak, City Attorney PRESENTATION: Mayor Lund presented a Certification of Appreciation to Girl Scout Troop 2458 for outstanding volunteer service in the care of the Welcome to Fridley monument at the corner of Mississippi and University Avenue and their landscape efforts. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council meeting of July 28, 2003. APPROVED. - OLD BUSINESS: 1. SPECIAL USE PERMIT, SP #73-07, FOR CENTRAL AUTO PARTS, GENERALLY LOCATED AT 1201— 73'/Z AVENUE N.E. (WARD 21. Dr. William Burns, City Manager, explained that the motion arose as a result of staff enforcement of 1973 and 1992 special use permits for Central Auto Parts. Staff recognized violations of these permits and requested that Council consider whether or not to revoke the FRIDLEY CITY COUNCIL NIEETING MINUTES OF AUGUST 25. 2003 PAGE 2 permits. In the process, a timetable has been developed for future actions needed to correct violations of both permits. The property owner and the operator have agreed to take the corrective actions as proposed by staff. Staff recommended that Council combine the requirements of the t��-o permits as revised together �vith the stipulation that those requirements supersede the earlier special use permits. Staff recommended that Council adopt the revisions as a new Special Use Permit #03-1� and that staff conduct an annual compliance of the ne�vly issued permit. APPROVED SPECIAL USE PERMIT #03-14 NEW BUSINESS: 2. ANIENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR THE EAST MOORE LAKE SHOPPING PLAZA, GENERALLY LOCATED AT 1250 EAST MOORE LAKE DRIVE (WARD 2). Dr. William Burns, City Manager, said the amendment would allow the vertical dimension of the wall sign to be increased from 24 inches to 32 inches. The amendment was consistent with the sign plan criteria and would serve the tenants of the Plaza by allowing greater visibility. Staff recommended Council's approval. APPROVED. 3. APPROVE TOWER SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND AT&T WIRELESS SERVICES OF MINNESOTA, INC. Dr. William Burns, City Manager, said that AT&T Wireless proposed to construct a 125 foot monopole in the southeast corner of the City's recycling center site. The lease applied to a 30 foot by 30 foot area together with access rights to and from 715t Avenue. For use of the site and the access, AT&T Wireless would pay the City $1,350.00 per month. The amount would be increased annually by 5% or the rate of inflation whichever was greater. The term of the lease would be five years with options to renew for four additional five-year periods. The City Attorney reviewed the lease and concurred that it met the City's needs. The monopole would not have an adverse affect on the recycling site. Sta.ff recommended approval. 0 '11 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. Y 4. APPOINTMENT — CITY EMPLOYEE: Dr. William Burns, City Manager said that after testing eight internal candidates for a firefighter vacancy, staff recommended the appointment of Renee Long. Ms. Long has served the Fridley Fire Department since October, 1999, as a paid on-call firefighter. Ms. Long's credentials include an Applied Science Degree in Fire Protection from Hennepin Technical College, an advanced certificate in emergency management, certification as a hazardous materials technician, certification as an emergency medical technician and certification as an emergency medical FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 3 services instructor. Ms. Long has also been an EMS instructor for Allina Medical and Minnesota Medical TraininQ Services. Staff recommended Ms. Long's appointment. THIS ITE1�1 WAS REMOVED FROM THE CONSENT AGENDA Ai'�1D PLACED ON THE REGULAR AGENDA. 5. APPOINTMENT — PARKS & RECREATION COMNIISSION: Dr. William Burns, City Manager, stated that staff recommended the appointment of Dolores Varichak to the Parks and Recreation Commission. The term would expire April 1, 2005. - APPOINTED DOLORES VARICHAK TO THE PARKS AND RECREATION COMMISSION. 6. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 112881 THROUGH 113062. 7. LICENSES: APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 8. ESTIMATES: APPROVED THE FOLLOWING ESTIMATES: Creative Curb Contractars, LLC 64358 — 375`h Street Watkins, MN 55389 2003 Miscellaneous Concrete Repair Project No. 351 Estimate No. 2 ........................................................................ $8,749.33 No one in the audience spoke regarding-the proposed consent agenda items. APPROVAL OF PROPOSED CONSENT AGENDA: - Councilmember Bolkcom asked that Item No. 3 be removed from the consent agenda and placed on the regular agenda. Mayor Lund asked if there were any members in the audience who wished to remove any items for further consideration. Ms. Nancy Jorgenson, 5730 Polk Street N.E., asked to move Item No. 4 to the regular agenda for further discussion. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 4 MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to approve the consent agenda with the removal of Items No. 3 and 4 for further discussion. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, second by Councilmember Billings, to approve the agenda with the addition of Item Nos. 3 and 4. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE �- MOTION CARRIED UNANINTOUSLY. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: 9. CONSIDERATION OF LEVYING A TAX IN EXCESS OF THE INDEX PROVIDED IN THE FRIDLEY CITY CHARTER. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED. Mr. Richard Pribyl, Finance Director, explained that this was a public hearing to define the need to levy taxes in excess of Fridley's inflationary index as defined in the City Charter. A public hearing notice was published three times. On July 28, 2003, a resolution was passed in compliance with Chapter 27, Section 702, Subd. 2, that defined the need for a tax levy greater than the defined index. The need was due to the State legislature cutting City state-aids for 2003 and beyond. The total reduction in state-aid far 2004 to the City of Fridley will be $1,103,605. Due to the reduction in revenues, one of the major cost reduction plans was to eliminate the naturalist program at the Springbrook Nature Center. Staff has received requests for a City levy for an additional $275,000 in taxes needed to support the programming, maintenance and administration for the naturalist programming. In order to provide the possibility of levying an additional $275,000, which will exceed the Charter imposed limit on property taxes, staff prepared a resolution with the appropriate ballot language on it. The resolution must be approved by a 4/5 Council vote. This resolution would put in motion the election process that would ask the voters whether they would like to pay the additional taxes to maintain the programs at the Nature Center. After this public hearing was been closed, the next business would be to vote on the resolution approving the ballot language regarding the levy. Should the � FRIDLEY CITY COUNCIL NIEETING MINUTES OF AUGUST 25, 2003 PAGE 5 process move to an election this fall, and the levy were to fail, staff would pass a final resolution levying taxes without the $275,000. Councilmember Bolkcom asked Mr. Pribyl if the motion were to fail, would the citizens have anv other recourse. Mr. Pribyl indicated that the resolution must pass in order for the referendum to be included on the ballot. Mr. Pribyl said there was one more Council meeting on September 8, 2003, in which to act on the levy. Mr. Malcolm Mitchell, 122� Regis Lane N.E., Chair of the Springbrook Nature Center Foundation Board of Directors, urged Council to vote to place a referendum on the November 4, 2003 ballot to raise $275,000 per year to support the ongoing operations, programs and maintenance of Springbrook Nature Center. He asked Council to let the people decide if they want additional taYes to be used to continue to support programs at Springbrook Nature Center. Mr. Mitchell urged the Council to support the referendum for the current year. NIr. Mitchell presented two petitions in support of the referendum, one petition was signed by voting citizens of Fridley. The other was signed by non-residents, and non-voting citizens of Fridley. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to receive into the record the two petitions. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Tom Myhra, 6360 Able St. N.E., Fridley, said he did not sign the petition because some of the volunteers were not able to answer important questions such as cost. He said he felt that the vote should be put off, because there were many unanswered questions. Ms. Nancy Jorgenson, 5730 Polk St. N.E., Fridley, said she met with Mr. Pribyl, Finance Director, earlier this year. She said that a Naturalist was hired on August 1, 1974, prior to the vote to turn Springbrook into a nature center. At that time, the Pazks and Planning Commission and City Council were considering a golf course. In about 1981, the Springbrook Nature Center Foundation, working with social service clubs within the community, did much of the work out at the nature center. Grants were obtained from the State of Minnesota and Anoka County and the building was built. In 1981, the completed Springbrook Park was turned over to the City of Fridley. From 1974 to 1981, the City of Fridley ran a naturalist program. There were three paid staff people. As the park turned over in usage, the cost was about $77,000 a year for those three positions. If you work that figure forward using inflation, you will find that 93.8% of Springbrook's budget for this past year, would be that same $77,000 annualized. To say that the City of Fridley has put the money into the Springbrook Nature Center for the naturalist program and it was never going to do that is a fallacy. Councilmember Barnette told Ms. Jorgenson that in 1974, a consultant was contracted with to determine the best use of North Park, which it was called at that time. There was an extensive study conducted before a determination was made as to whether it should be a golf course or a FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 6 nature center. The determination by the consultant was that the best use of that land was a golf course. That triggered the polarization and the referendum. NIs. Jorgenson said the golf course was passed by the commissions and City Council. Councilmember Barnette indicated that the commissions and City Council voted based upon the results of the consultant's report. Ms. Jorgenson said the residents voted two to one for a nature center. Councilmember Barnette stressed that it was not staff that made the recommendation for a golf course at that time. He said that the committee that looked into having a golf course or nature � center was made up of ten members, five were for a golf course and five were for a nature center. The committee was not biased, but considered the recommendation of the hired consultant. Councilmember Billings said that the public hearing was for considering a special election in November 2003 on how to provide funding for the future. He asked Ms. Jorgenson what her position on the 2003 election was. Ms. Jorgenson said she was in favor of going ahead with the election. Mr. Mark Schwartz, 5940 Sixth Street, expressed his concern that taxes have gone up 43% because of the school levy and insuranice premiums, gas, and home insurance prices have also gone up. He said he did not feel he should pay for something he did not use. He felt that the people who used Springbrook Nature Center should pay for it. Councilmember Bolkcom asked Mr. Schwartz if he wanted the question on the ballot. Mr. Schwartz asked if the levy was the only option or if there could be other creative financing. Mayor Lund said that the supporters of the Springbrook Nature Center think that the taYpayers should pay for this amenity whether they use it or not. The Springbrook Foundation wanted to raise other funds for capital improvements or more amenities at Springbrook Nature Center and donate it to the City. Mr. Schwartz said he still felt that he paid enough ta�ces. Councilmember Bolkcom said that she thought that according to the City Charter, the City Council was not able to impose any new fees for the residents of Fridley. Dr. William Burns, City Manager, said that the Charter dealt with new fees that had citywide applicability opposed to a narrow user applicability. There was always a cost in levying any kind of fee and there was an uncertainty about using fees to fund a program. Councilmember Bolkcom asked the City Attorney if new fees could be imposed under the City Charter. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 7 Mr. Frederic Knaak, City Attorney, said the term "fees" did not include Park and Recreation Department participation fees. He stated that the fees could be classified as Park and Recreation Department fees. Mr. Dave Kondrick, 280 Stonybrook Way, member of the Planning Commission and Chairman of the Parks and Recreation Commission, said that the Parks and Recreation Commission did not like the idea that park programs would have to be cut because of factors beyond its control. He said that the Parks and Recreation Commission was in favor of a referendum to occur this year to gather money to handle the program activities for the Nature Center. Mr. Robert Moseman, 7�33 Fourth Street N.E., said that the Springbook Nature Center levy would not cost the taxpayers too much. He thanked Council and Anoka County for keeping the local taxes to 2% to 3% a year, which hardly kept up with inflation. He said he felt that the school board raised taxes 14% to 15% every year and the City had kept taxes low. He thought the Springbook levy would be very low compared to the taxes imposed by the schools. Mr. Peter Meyerhoff, 1350 Hillcrest Drive, asked if they put the referendum on the ballot in November, in what way would they be harming the City of Fridley or the Fridley residents and how would it help the residents if they did not put it on the ballot. Councilmember Barnette said that the value in postponing the referendum unti12004 was that in a general presidential election, there would possibly be a 70% voter turnout, which gave a much broader voter base. Traditionally, in school board elections, less than 10% of the people vote. He said there might also be value in waiting a year to resolve the unanswered questions. Councilmember Bolkcom said it might be a detriment to postpone the referendum until later, because there was no funding for the programs in 2004. She said she felt that having the programs at the Nature Center did enhance the City. Councilmember Wolfe said that statistics show that most people do not vote in a non-presidential election year. Ms. Bonnie Awes, 275 Ironton Street N.E., said she supported the referendum. She suggested collecting fees from non-resident users. Ms. Lara Chandler, 4558 Sixth Street N.E., Columbia Heights, asked how much the City had in unreserved funds and if the vote was postponed for a year, what would happen to the Nature Center. Mayor Lund said there was about $18 million dollars in unreserved funds. He said the City was using about $1.8 million per year from those funds to balance the budget. Ms. Chandler asked if the referendum was postponed a year, what would happen to the Nature Center. She asked why it could not be supported for another year and how the golf course was going to be paid for. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 8 Mayor Lund said that the funding for the next year was up in the air. He said Council might discuss a fee structure for residents and non-residents. Ms. Chandler asked how the �olf course would be paid for. Mayor Lund said that that issue was not part of the discussion. Mr. Richard Pribyl, Finance Director, said that if a golf course had been built, it would have been built with revenue bonds, and it would have been operated with the revenues and proceeds from the golf course. Councilmember Billings asked Mayor Lund if he addressed the cost of street repair in his State of the City address. Mayor Lund said there were not sufficient funds in the street reconstruction project. The City had approximately 18 miles of City streets that were not up to current standards, and they were repairing them at the rate of 1.1 miles per year. The City was spending about $250,000 of City funds, but was getting about $400,000 back in grants, state-aids and assessments. Councilmember Billings said the street reconstruction project cost about one-quarter of a million dollars a year and it was about a fifteen-year project. It will cost a total of about $4 to $5 million dollazs of the $18 million dollars currently in unreserved funds, and Fridley was spending the unreserved funds at the rate of a little under $2 million dollars per year. If Fridley continued to spend at that same rate, it would take ten yeazs for those reserves to go away; however, it would take even less than that because each year Fridley earns interest on the reserves and as the reserves go down so did the interest. Dr. Burns, City Manager, said that over the last five years including the projected years, we would be spending down the fund balances by about $5 million or about $1 million dollars per year. Where the $1.6 to $2 million comes from is the budgeted internal transfer to the general fund to make the general fund work. Internal transfer does not automatically equate in a dollar for dollax loss of reserves. In addition, Fridley spends about $500,000 or more per year out of reserves or internal transfers on capital improvements. We have targeted a lot of the reserves we have for street improvements and the 18 miles of streets are streets without curbs and gutters. Once we are finished with the 18 miles, we will be doing other repairs and are going back to year one, so it is not a finite project. If we burn our reserves, there is not money there to pay for the improvements and that is a large reason the reserves are being maintained. Councilmember Billings said that a portion of the state-aid was eliminated by the legislature and then they are only allowing cities to levy back approximately 60% of the total loss. Councilmember Billings indicated that the legislature makes changes that continue to affect cities and their budgets. Ms. Julie Anderlie, 255 Rice Creek Boulevard N.E., said she was a teacher at the Fridley Middle School, and she wanted the community to be aware of how involved the Springbrook Nature Center was with the schools. In Grades 5 through 8, there was a program in every grade that FRIDLEY CITY COUNCIL VIEETING MINUTES OF AUGUST 25, 2003 PAGE � involved the naturalist coming and co-teachinQ and supplementing the curriculum. She felt it was a very valuable program. She said she supported the referendum on the ballot. Nlayor Lund said the School Board had spoken with the City Council and expressed their appreciation for the Springbrook Nature Center programs within the schools and their support for a referendum. Ms. Kate Kemper, 7857 Alden Way, Fridley, noted that the first referendum drew 78 percent of the voting citizenry in Fridley. She said she felt that the turnout would be just as good this fall. Ms. Donna Bahls, 7514 Alden w'ay, said that she and her husband collected about 250 signatures in a variety of neighborhoods around the City. She said that about 90 percent of the people that they talked to were in favor of the petition and enthusiastic in their support. She stated that she did not hear anyone in favor of postponing the vote unti12004. Mr. Lenny Brandt, 190 Craigbrook Way, indicated he was not in favor of the levy and urged the Council to stick with the City Manager's proposed budget even though there would be cuts made. Mr. Brandt said he thought cutting back on the Nature Center would be the least damaging cut to the City. He urged Council to make the necessary cuts. Mr. Collin Jones, 54 Locke Lake Road, asked how much money per person the taxes would be raised if the referendum passed and if it did not pass would there be fees passed. Mayor Lund said it would cost $22 per year for a$160,000 home. He said they were looking at charging fees and other options. Councilmember Wolfe asked Mr. Pribyl what the tax would be on homes that were valued at $200,000 ar $230,000. Mr. Pribyl said that the cost for a$200,000 home would be approximately $27 per year. Mr. John Howard, 7549 Tempo Terrace N.E., said that in 1971 the City of Fridley purchased the land called Springbrook with federal grant money and in 1974 the City voters voted in favor of a nature center instead of a golf course. If the golf course would have been built and the taxpayers had been taxed the money that it had cost the City to run Springbrook so far, he was sure there would not be a golf course there now. He said the City had proposed an increase in the tax levy to $275,000 this year which was a 3.4% increase. He said he felt the Nature Center could be run without staffing and there were ways it could be funded without having a referendum or without tax money from the citizens. He said he believed that if a referendum were proposed, non- residents be charged a yearly fee or a one-time fee that was given back to the City along with the program fees that were collected. He thought there should be a line item on the tax statement, so every person in the City that paid his or her taxes knew how much money was going to the Nature Center. He said taY dollars should not be used to fund the Springbrook Nature Center. He did not believe that this was a tax that all Fridley taxpayers should have to pay. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 10 Councilmember Barnette asked i�Ir. Pribyl if the levy would be applied against businesses and industries. N1r. Pribyl said that the levy �vould apply to businesses and industries. Using a$3,000,000 valued commercial building, the levy would be approximately $794 per year. Councilmember Barnette asked if the referendum should pass, would the levy be a line item on a property owner's tax statement. Mr. Pribyl said that according to the Department of Revenue, the only way that would happen was if Fridley's representatives to the state legislature made a request for it to be a line item and it was passed by the legislature. Councilmember Bolkcom asked if the levy passed in November would the money be on the taxes in 2004. Mr. Pribyl said that the taxes would be levied and collected in 2004. He explained that it would not be a market-value referendum but a form of net tax capacity, which actually put it with the normal levy. This would exempt allowing a special line item. Even if there was a special bill introduced from the legislature, the levy would not be listed as a separate line item because of the form of tax that it was--net tax capacity rather than market value tax. Representative Barb Goodwin, Minnesota House of Representatives, said she was asked by residents to get involved in the Springbrook issue several months ago. She said she supported the Springbrook Nature Center. She said she and Representative Bernardy fought hard against the state-aid cuts to cities, particularly the inner ring suburbs that needed the state-aid the most. She indicated that options could have been explored sooner. Councilmember Billings said the challenge was to keep the Nature Center operating at the full funding level despite the cut in state-aids. He said that the City Manager presented the proposed budget to the City Council on August 24 and the budget could not be voted on until December because it was mandated that public hearings be held to discuss the budget in December. Between now and December, the City Council had to figure out how much money to spend on Springbrook. He said he agreed with Representative Goodwin that other options should be explored, however, there was a timetable that had to be followed and it did not allow much time. He said the State Legislature put the cities in a position to make these types of decisions due to the cuts in state aid funding to cities. Representative Connie Bernardy, Minnesota House of Representative, said that the majority of the legislature put cities in this position. She said that the "no new taxes" pledge was no new state taxes, but local taxes and fees would be increased. She said that property taxes would go up or cities would lose valuable services such as the Nature Center. She said she supported putting the funding for the Nature Center on the ballot and let the voters decide if this was something that they wanted to preserve in Fridley. She commended the City Council on having some of the lowest tax rates and said that Springbrook improved the image of Fridley. She encouraged the City Council to vote for the referendum. FRIDLEY CITY COUNCIL NIEETING MINUTES OF AUGUST 25, 2003 PAGE 11 Ms. Karen Shragg, Director of W ood Lake Nature Center in Richfield, said Fridley should never consider cutting back the Nature Center. She said the City should find ways to fund the Nature Center because it was an essential service. She thought the referendum seemed to be the best avenue at this time Councilmember Barnette asked Ms.Shrog how many staff inembers were cut at the City of Richfield and were any staff inembers cut at their nature center. Ms. Shragg said that twenty staff inembers were cut and they were cut from every department. She said that two staff inembers were cut at Wood Lake Nature Center--a custodial service position and a seasonal naturalist position. Councilmember Barnette asked if they charged any fees. Ms. Shragg said that Wood Lake's parking and programs were free. Free programs were offered to the public schools for students K through 6. However, Richfield charged $2.50 per child for every non-resident. They also had volunteers that have done enough fund raising so the seasonal position had been replaced. Councilmember Barnette asked how many funds were raised through fundraising activities. Ms. Shragg said that they recently raised $20,000 and this fall they would probably raise approximately $9,000. The funds were kept in a separate fund to fund the Nature Center. Councilmember Barnette asked what the total budget was for Wood Lake Nature Center. Ms. Shragg said the total budget was about $380,000. Richfield would raise about $65,000 of that amount this year in general fund money and close to $30,000 from fundraising efforts. Ms. Nylo Laduke said that she was not a resident of Fridley, but used the Nature Center. She said the Nature Center would not be closed, but would be a passive park. She said it was not a park, but a Nature Center, and urged Council to let the people vote and decide by allowing the referendum on the ballot. Mr. Ken Christiansen, 7525 Fourth Street N.E., said he was a 40-year resident of Fridley. He thought the City Council should allow the vote so that the people could decide the issue. Ms. Jeanne Chase, 291 Rice Creek Terrace, said she signed the petition and asked that the City Council put the levy up for a vote. She felt it was up to the people to decide. Ms. Jody Jakubik, 8145 Ruth Street N.E., has been involved with the Nature Center as a mother and day care provider. She said the children in the community have benefited from the Nature Center. She urged the City Council to consider the benefits the Nature Center would have on the future children of Fridley. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 12 Mr. Roger Ticks, St. Paul, said he would like the City Council to consider the resources they would lose if the site were developed. Ms. Dorrie Sielaff, 7121 Riverview Trail, said she was impressed with the volunteers of Springbrook. She said that Springbrook benefited everyone in Fridley. She would like to see a referendum this fall if that was the only possible way to fund the Nature Center programs. She said she was not worried about paying more taxes, because Fridley's ta�Yes were already low. She said that Springbrook was a project of former Mayor Bill Nee who believed in and supported the Nature Center. She thought the City should keep Springbrook as a nature center in memory of Bill Nee and his hard work. Mr. Blaine Jones, 54 Locke Lake Road, said he supported having a referendum as a ballot issue this fall if there was no other way to fund the Nature Center. He thought the Nature Center was a good outlet for many children. He stated that hospitals and businesses use the nature center for their patients and employees. He thought the Nature Center was a valuable resource, but not as a passive park. It took someone to teach children how to appreciate nature and the staff at Springbrook did a very good job. . Mr. Doyle Mullin, 6801 Hickory St. N.E., said that the citizens should be able to vote on whether or not they want to leave a legacy at Springbrook to be looked at 300 years from now. Mr. Dean Saba, 6325 Van Buren Street N.E., said all of his children had been immensely enriched by what they learned at Springbrook Nature Center. He asked if the future children and residents of Fridley should be denied that learning oppominity, and urged the City Council to allow the citizens to decide this year on whether or not they wanted to support the Nature Center. He invited the City Council to join the Springbrook Nature Center Foundation to help make the Nature Center better, but asked that the Nature Center be voted on this fall. Mr. Tom Myhra, 6360 Able St. N.E., said that eazlier, a young lady misquoted him and said that he was against the referendum. He believed there should be a referendum, but it should be a meaningful one where people had an opportunity to find out about the costs and the opportunities. He said the referendum should be held next year. Mr. Malcolm Mitchell, 1225 Regis Lane, said that the City Council told Springbrook supporters that shifting funds �vas not a possibility. He said they have proposed to the City Council a referendum to support the additional dollars needed to support Springbrook and maintain the Nature Center for the City. He said that the volunteers understand the position the City is in, because of loss in state aid funding. This was an opportunity to test whether or not the citizens of Fridley were committed enough to an amenity in Fridley. He thought from the petitions signed that the public desired to have a vote this fall on the Springbrook issue. Councilmember Bolkcom asked Dr. Burns to explain how he arrived at the cuts that were made, how the department managers were involved, and the decisions that were made. Dr. Burns explained that this year, staff had to cut a lot out of the budget and the Nature Center was about 1 S% of what was cut. Staff cut over $2 million. He said the loss in state-aid would to FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 13 about $1.7� million by 2005 or 86% of Fridley's state aid. Fridley has been using reserves and still faced some unknown costs. With all things considered, as valuable as it was, staff had to cut what was considered to be less essential than police, fire or public warks services. Dr. Burns explained that every- department took some major cuts in the budget. Councilmember Bolkcom asked if there were a referendum and it passed, but between now and then there were funds raised for the Springbrook Nature Center, for example $100,000, could the amount on the ballot could be reduced after the referendum passed so that a lesser amount could be levied. Mr. Frederic Knaak, City Attorney, said the referendum was for a specific amount so that was the amount that had to be levied. Councilmember Bolkcom asked if the ballot question could be changed so that it read "up to" a certain amount. City Attorney Knaak said it would have to be approved in a resolution, so the resolution could be amended to say "up to" $275,000. Councilmember Bolkcom indicated that there might be innovative ways to raise some money so that the whole $275,000 would not have to be levied. City Attorney Knaak said that it depended how the resolution was worded. He said the current resolution was worded so that the $275,000 would be levied. If the language was changed to include the phrase up to $275,000, then annually a determination could be made as to what was required and then that levy certified to the County. The ballot langua.ge did control what was levied to the County. He said that with language that read up to, in essence Council would be putting a cap on the levy. Councilmember Billings said that pursuant to Chapter 275, an additional levy voted on in a special election, prior to September 1 in the levy year may be levied in that same levy year and subsequent years. An additionallevy approved at a general or special election after August 31 in any levied year, shall not be levied in that same levy year, but may be levied in subsequent levy years. Even though this election was in November, it would apply to taxes collectable in 2004. If that was the case, how would you apply the language or sentence before that which said anything before September 1 could be collected in the same levy year. It would be impossible for us to go back and levy that for any particular year. Mr. Pribyl said that in the new law adopted, the phrase "prior to September 1" was struck and "on or before the first Tuesday after the first Monday in November in any levy year" was added. He said this language superseded the other language. If the levy was collected this year, it would be payable the next year. Mr. Mullin said that the supporters of the Nature Center would like to see the wording stay the same; so that the levy language would stay at $275,000. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 14 Councilmember Bolkcom said that instead of saying it was going to be $275,000 every year, including the inflationary figure for every year, we should consider taYpayer money and other ways to raise some money rather than levy the full $27�,000. If there was any way to compromise, this miaht be a great opportunity. She asked if there would be a shortfall if there �vas an unforeseeable cost for the Nature Center. Dr. Burns said that there would be a shortfall. Mr. Mullin said it �vas his understanding that the $275,000 would cover staff and other operating costs at Springbrook Nature Center, including general maintenance kinds of activities. If there was a major issue in terms of capital, there was the question of whether the Springbrook Foundation would share some responsibility of the costs. But for general operation and maintenance, the $275,000 would be there to pay both staff and other operating costs. The Foundation Board would continue to do things to try to generate fees and revenues where it made sense to do so. The Foundation Board would be there to work with City Council in terms of facility activities, programs, and some revenues. Councilmember Wolfe said that so far, working together was giving the Springbrook supporters exactly what they wanted. He said he had not seen a compromise yet. He stated that he had not seen a contribution from the Springbrook Foundation during the last 15 years to help finance the Nature Center. Mr. Mullin indicated that a grant was sought and funds were raised in the past to finance the shop in the back of the building and to put a$20,000 roof on the E�ibit Room. He said that the citizens should have a chance to tax themselves if they chose to do so. Councilmember Wolfe said the Foundation said they were going to come up with money and that was not happening. The only proposal so far was to tax the citizens of Fridley. Mr. Mitchell said the Springbrook Nature Center Foundation has contributed on an annual basis to help buy equipment, a camera, and other enhancements for Nature Center programs. He said the Foundation said they would share some of the costs to raise dollars. The City Council said that option would not work. The only solution on the table after that was a referendum and that was what they had been working on. Councilmember Wolfe said he brought up charging fees but that was not acceptable to the Foundation. Mr. Mitchell said that fees were discussed, but the City Council said it would not work; therefore the Foundation moved to the next step which was to take it to the people. Councilmember Bolkcom said that rather than have the levy moved to next year, she proposed to change the language so that it would say "up to" a certain amount so that other options to raise revenue could be looked at. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 15 Mayor Lund offered a compromise that would include putting a three-year limit on the levy. He said that would give the City an opportunity to try to come up with new funding. Councilmember Barnette said he had four possible options: (1) do not approve the resolution; therefore there would be no referendum, funding would not be there and the City would maintain the Nature Center as a passive park; (2) approve the resolution, put it on the November ballot and if it passed, the Nature Center would get its funding and the programs and staffing would continue; (3) approve a similar resolution to put on the ballot in November of 2004, (4) approve the resolution for a referendum in 2004 which partially funded the Nature Center, which would encourage the organization to raise some money for any additional funds. He said they received a letter from the Anoka Conservation District supporting the Nature Center. The letter did suggest delaying the referendum for a year, to take some money out of the City's reserves and fund it partially. This would give people time to get questions answered and it gave the City an opportunity to look at fees. He said the Springbrook Nature Center had always received tremendous support from the City Council when the funding was available. Councilmember Bolkcom said that the fifth option was to fund the Nature Center and take it out of reserves. Mr. Mitchell said that there was one more option and that the language "up to" might be appropriate, but "not less than" should also be included. He said that language similar to "up to $275,000, but not less than $200,000" would give a core or base to operate. Councilmember Bolkcom said her concern about Mayor Lund's proposal was that in two or three yeazs, this process would start over again. She said it made sense to have the referendum this year regardless of what the language would be. Mr. Mullin reiterated that the vote belonged on the ballot so that the people could decide. Mr. Myhra indicated that the vote should be held off until next year, until more information had been given to the voters. Councilmember Wolfe said that statistically more people voted during a presidential election year, and the citizens should have accurate information. He said he would like to see the referendum put to a vote in 2004. Councilmember Bolkcom said the concern about putting the referendum on the ballot this yeaz was because there was no funding right now for any personnel or programs at the Nature Center. Ms. Rose Meyerhoff, 1350 Hillcrest Drive, voiced her support for a referendum this year. Mr. John Howard said he felt that the Springbrook Foundation should be able to raise some money and possibly lower the referendum amount. Councilmember Billings expressed concern that if $275,000 was levied, and other money was raised, ho�v would the money raised over and above the $275,000 be spent. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 16 City Attorney Knaak said his response to the concerns as he understood them, was that the langua�e in the current resolution required that the City levy $27�,000 and this language would require the City to spend that amount on administration, maintenance, and programming at the Springbrook Nature Center. Additional funds and fees collected would have to be spent on the Nature Center. If less money �vas needed, the money not spent could be set aside for future funding for the Nature Center. Councilmember Bolkcom asked if a fee structure was initiated, would those moneys beyond the $275,000 have to be used towards the Nature Center. City Attorney Knaak said that once you fix the levy amount that would have to be the amount levied. Any additional fees would be independent of the $275,000 levied. When there were - additional fees, there were additional questions. If they were not recreational fees, but were new fees, the City would have to get voter approval for those as well under the Charter. He said one possible solution for more flexibility was to remove the restriction as to how the funds could be spent, such as putting the money in the general fund which would give more flexibility to use funds from other sources. Councilmember Bolkcom asked if that could be done with the way the resolution was written now. City Attorney Knaak said it could not. Mr. Mitchell asked if the City Council tabled the item, they give the public an opportunity to respond to any changes made. Dr. Burns said the general practice was if any fees or grants were collected, those moneys would go into the general fund. City Attorney Knaak said if there were new fees collected, there might be other di�culties. Mr. Pribyl said that the way the levy was written now, it would add $275,000 to the general fund. Any revenues that were collected for recreation activities at the Nature Center would also be applied to the general fund. _ Councilmember Billings said that one purpose of finding alternative sources of revenue would be to minimize the tax burden on the citizens of Fridley. With any language, any of those fees ° could not be used to minimize the taxation on the citizens of Fridley. Dr. Burns said the suggested language by Councilmember Bolkcom would be a vehicle to _ overcome that problem. Mr. Pribyl said that because of the language in the Charter, if you levied a certain amount, that amount needed to be levied the next year. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to close the public hearing. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 11:55 P.1VI. MOTION by Councilmember Billings, seconded by Councilmember Barnette for a five-minute recess. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED APPROVAL OF A FIVE-MINUTE RECESS. City Council reconvened at 12:00 a.m. NEW BUSINESS: 10. RESOLUTION DECLARING A SPECIAL ELECTION FOR NOVEMBER 4, 2003, TO LEVY A TAX WHICH IS IN EXCESS OF THE INFLATIONAL INDEX FOR TAX LEVY REQUIREMENTS FOR 2004 TO THE COUNTY FOR THE PURPOSE OF CONTINUING PROGRAMMING AT SPRINGBROOK NATURE CENTER. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to table the item until September 8, 2003. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. RESOLUTION CERTIFYING FINAL TAX LEVY REQUIREMENTS FOR 2004 TO THE COUNTY OF ANOKA. Mr. Richard Pribyl, Finance Director, said the 2004 proposed tax levy complied with State law and the City Charter. The total proposed levy for 2004 was $6,758,745. This would include the $275,000 that would be used for the Springbrook Nature Center if approved in an election process this fa11. The amount was 16.1 % higher than the amount in 2003. In 2004, the City will lose $1,103,625 in LGA. The State was allowing cities to levy back up to 60% of LGA for 2004. We have incorporated that into the levy that we are proposing. The 2004 State levy limit with the 60% levy back of LGA was $6,483.745. For this resolution, we have added in the $275,000 for a total of $6,758,745 for the total proposed tax levy. This was a proposed tax levy, it could not be exceeded when the City did the final certification in December, but the City could always roll it back. He said that Council could approve it and then roll it back or table it until the next meeting. Councilmember Billings said that if the resolution were adopted tonight, it would certify the maximum amount and then in December, the City could roll it back if there were changes. Mr. Pribyl agreed. FRIDLEY CITY COUNCIL MEETING�MINtiTES OF AUGUST 25, 2003 PAGE 18 Councilmember Billings said that passing it at a higher dollar level has no negative impact on anything that is done to the Charter, unless it is determined that the City would want to have an amount larger than $275,000 on the final levy resolution. Mr. Pribyl said that this amount would go on the truth and taxation statements. He said that said that if Council was concerned about what goes on the truth and taYation statements, it would be better to table the item. Dr. Burns said that this le�y is levied up to the limit, so that nothing could be added to the amount in the resolution. MOTION made by Councilmember Barnette, seconded by Councilmember Bolkcom, to table - the resolution until the September 8, 2003, City Council meeting. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. 12. RESOLUTION ADOPTING THE PROPOSED BUDGET FOR THE FISCAL YEAR 2004. Mr. Richard Pribyl, Finance Director, said the 2004 budget as presented was in accordance with Chapter 275 of Minnesota State Statutes regarding the certification of the proposed budget to the County Auditor before September 15, 2003, and also complied with Section 705 of the City Charter. In 2004, the budget for the City has been cut back. The first major issue the City had to deal with was the loss of $1,103,605 in local government aid for 2004. Other revenue losses occurred due to economy-based changes. The proposed 2004 budget was being presented this evening along with a resolution to approve it. As in the past, the City Manager will provide an in-depth overview of the 2004 budget on December 8, 2003. The remaining steps in the budgeting process were the public hearing, the resolution approving the final taY levy and the resolution approving the final budget for 2004. They were scheduled to for the Council meeting on December 8, 2003. If there were a need for a continuation of the public hearing, the final budget would be approved on December 15, 2003. The total budget resolution totals $12,495,132 or a reduction of 14.28% from that of the 2003 budget. This is a proposed budget. The final budget would_be presented in December. Councilmember Billings asked for clarification on the differences in dollar amounts in the resolution and the budget book. � Mr. Craig Ellestad, City Accountant, said the budget book was to be done and distributed by a _ certain date. The $275,000 Springbrook designated money was added after the budget book went out, so that amount was not incorporated in the budget book. It was, however, incorporated into the resolution. The numbers would be reconciled at the next Council meeting. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to table the item until the September 8, 2003, City Council meeting. 0 FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 19 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. 3. APPROVE TOWER SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND AT&T WIRELESS SERVICES OF MINNESOTA, INC. (ITEM NO. 3 ON THE CONSENT AGENDA. Councilmember Bolkcom asked if this site was one of the sites that was originally identified as a site for this type of agreement. Mr. Scott Hickok, Community Development Director, said that it was. MOTION made by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve the tower site lease agreement between the City of Fridley and AT&T Wireless Services of Minnesota, Inc. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. 4. APPOINTMENT — CITY EMPLOYEE. Mr. Bob Bennek, 660 Helene Place N.E., said he would like to speak against the appointment not against the individual. He said he wanted to support the individuals who were excluded from the interview process. He thought this appointment would help keep the morale of the Fire Department at a low point. He said he could not understand why some of the fire department members were excluded. He would like the item tabled until it could be discussed further with Fire Department. Ms. Lara Chandler, 4558 6`�' Street N.E., Columbia Heights, said she also opposed the appointment. She said she thought the City Council should investigate the person the City was looking at hiring. Ms. Nancy Jorgenson, 5730 Polk Street N.E., said that several years ago, there was a very similaz incident and it turned into a lawsuit. Mr. Fritz Knaak, City Attorney, said a very thorough hiring procedure was followed. Based " upon that hiring process, the appointment should be made. Dr. Burns said he was very confident that the right criteria was used in determining who was eligible. He said he thought the three-part process was fair and that the City came up with the best person for the job. Ms. Chandler said she would like to know what the testing process was for this position, and what the job requirements were. Councilmember Billings asked if the testing procedure was flawed in any way. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2003 PAGE 20 Dr. Burns answered no. Councilmember Billings asked if anyone who met the posted qualifications for the position was excluded from the process. Dr. Burns answered no. Councilmember Billings asked Dr. Burns to provide Ms. Chandler with a copy of the posting, including the qualifications. e Dr. Burns said the testing process was a three-part process. One part involved a written examination concentrating on firefighter skills; the second part involved a training exercise in , which the eight candidates were asked to provide a training program to the Fire Administration; and the third part was an oral interview followed by a computer simulation exercise in which the candidates were asked to address a hypothetical simulated scenario on the computer. He said it was an objective process and the winner clearly scored higher than the other candidates. Ms. Chandler asked for a copy of the testing results. Dr. Burns said the Fire Chief and Assistant Fire Chief had met with the paid on-call firefighters and explained the testing. MOTION made by Councilmember Billings, seconded by Councilmember Bolkcom, to concur with the appointment as presented by the City Manager. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. 13. INFORMAL STATUS REPORT. There were no informal status reports. ADJOURNMENT NIOTION made by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn the meeting at 12:35 p.m. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE AUGUST 25, 2003 CITY COUNCIL MEETING ADJOURNFD AT 12:35 P.M. Respectfully submitted, Kathy Fischer Scott J. Lund Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MINUTES SEPTEMBER 17, 2003 CALL TO ORDER: Chairperson Savage called the September 17, 2003, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: � Members Present: Diane Savage, Dave Kondrick, Dean Saba, Leroy Oquist, Barb Jones, Larry Kuechle Members Absent: Brad Dunham Others Present: Stacy Stromberg, Planner Brian Bona, 1649 Summit Avenue, St. Paul, MN Lawrence Zimmerman, 5980 4th St NE Brendan & Cheryl Klein, 1419 West Danube Rd NE APPROVE PLANNING COMMISSION MINUTES OF JULY 16 2003 MOTION made by Mr. Kondrick, seconded by Mr. Saba, to approve the minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-13, by Brian Bona, to expand an automobile service station to allow the construction of a new building that will connect the existing gas station and service station, generally located at 5333 and 5311 University Avenue NE. MOTION made by Mr. Kondrick, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:31 P.M. Ms. Stacy Stromberg, Planner, stated the petitioner, Brian Bona, is requesting a special use permit to allow the expansion of an automobile service station to allow the construction of a new building that will connect the existing gas station located at 5311 University Avenue and the existing service station located at 5333 University Avenue. The property located at 5311 University Avenue is zoned C-2, General Business. In 1959, a special use permit was granted to allow the construction of a service station, and the service station was built. In 1978, another special use permit was granted to allow the construction of a car wash, and the existing car wash was added. In 1994, a variance was granted to reduce the setback from an adjacent residential district from 50 feet to 19 feet to allow the construction of a 12 ft. by 15 ft. storage addition. 1 Planning Commission Minutes — September 17, 2003 Page 2 Ms. Stromberg stated the property located at 5333 University is zoned C2, General Business, and is just north of the property located at 5311 University Avenue. This site was originally developed as a service station in 1955. In 1996, the building on the site was demolished; and in 2000, the current service station was constructed. In 1999, a variance was granted to allow the reduction of the setback from an adjacent residential district from 50 feet to 30 feet to allow the construction of the existing repair and quick lube service station. Ms. Stromberg stated the City Code allows repair garages and automobile service stations providing motor vehicle fuel dispensing as a permitted special use in the C-2, General Business zoning district. The current service station has seven senrice bays which provide general auto repair services. The petitioner is proposing to add three additional service bays which will be used exclusively for quick services, such as oil changes, general maintenance, and minor repair. Earlier this year, the petitioner requested a variance to allow for the construction of a new car wash at the gas station located at 5311 University Avenue. The variance request was to reduce the setback from an adjacent residential district from 50 feet to 10 feet to construct the car wash. That request was approved by the City Council; however, the petitioner has decided not to install a new car wash and is instead applying for this special use permit to expand his automobile quick service lanes. Ms. Stromberg stated the proposed 1,946 square foot addition connecting the two existing buildings will be set back 24.916 feet from the property line and is well within the dimensions of previously granted variances for both sites. The petitioner is also proposing to add a 540 square foot addition on the east side of the existing gas station, which will be 20 feet from the property line. This setback is also within previously granted dimensions for this site; therefore, additional variances are not required. The proposed addition meets all other setback and lot coverage requirements. City staff hasn't heard from any neighboring property owners. Ms. Stromberg stated staff recommends approval of this special use permit request with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The proposed addition shall be architecturally compatible with the existing building and finished with complementary building materials, staff to review and approve final elevations. 3. No outdoor storage shall be permitted on site. All existing outdoor storage, including the storage pod, shall be removed upon completion of the proposed expansion. 4. Site shall not be used to display cars for sale or storage of trucks for rent. 5. All lighting shall be shielded, downcast and may not exceed 3-foot candles of light intensity at the property line. The petitioner, Mr. Brian Bona, 1649 Summit Avenue, St. Paul, stated he is proposing to install a quick service lane type of operation. He would not be impacting the environment in any way with the additional three bays. The bays are well within the defined boundaries; they are considerably less than what has been recently granted. He stated he intends to maintain a clean appearance as he has been maintained in the past. The Commission members commented that Mr. Bona's site was well maintained and impressive, and they were proud to have his business in Fridley. Ms. Savage asked if Mr. Bona was agreeable to the stipulations. Z Planning Commission Minutes — September 17, 2003 Page 3 Mr. Bona responded that he had no problems with the stipulations. He has met with most of the neighbors, and the neighbors were supportive of his request. Mr. Kuechle asked Mr. Bona if he was extending the construction behind the newest building and would he be continuing the concrete block wall. Mr. Bona stated he regretted putting in the concrete block wall. His intention was to use brick. He stated his intent is to create a walkway between the existing shop and the new three bays, so that mechanics are not walking through the customer waiting area. Mr. Kondrick asked if it would look the same, but be 4 feet different. Mr. Bona stated that was correct. Mr. Oquist stated the print shows four bays. Mr. Bona stated there would be three bays and one is an existing car wash bay. It will be architecturally tied together for uniformity. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. The Commissioner members agreed this was a good project. MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommend approval of the request for Special Use Permit, SP #03-13, by Brian Bona, to expand an automobile service station to allow the construction of a new building that will connect the existing gas station and service station, generally located at 5333 and 5311 University Avenue NE with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The proposed addition shall be architecturally compatible with the existing building and finished with complementary building materials, staff to review and approve final elevations. 3. No outdoor storage shall be permitted on site. All existing outdoor storage, including the storage pod shall be removed upon completion of the proposed expansion. 4. Site shall not be used to display cars for sale or storage of trucks for rent. 5. All lighting shall be shielded, downcast and may not exceed 3-foot candles of light intensity at the property line. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage said this special use permit will be heard on September 29, 2003, by the City Council. 3 Planning Commission Minutes — September 17 2003 Page 4 2. PUBLIC HEARING Consideration of a Preliminary Plat, PS #03-05, by the City of Fridley, to allow the exchange of property in order to correct an encroachment on City owned land. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:47 P.M. Ms. Stacy Stromberg, Planner, stated the City of Fridley is requesting a replat of City-owned property located at Farr Lake Park and property owned at 1419 West Danube Road, which is owned by Brenden and Sheryl Klein, to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. She explained that it has come to the City's attention that the Kleins are occupying a small portion of the City-owned property. The Kleins had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. The City currently has an easement for a trail over a portion of the Klein's property. The Kleins have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size, and it is in the City's and the Klein's best interest to exchange these two pieces of land. The replat of these two pieces of land will simply allow both owners to benefit by owning the parcels they are currently using. Ms. Stromberg stated that staff recommends approval of this ptat request. Ms. Savage asked Mr. and Mrs. Klein if they wanted to add anything. Mr. Brendan Klein stated he did not have anything to add, because everything was well covered in the staff report. MOTION made by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:51. The Commission members were in favor of the request. MOTION made by Mr. Kuechle, seconded by Mr. Kondrick, to recommend approval of Preliminary Plat, PS #03-05, by the City of Fridley, to allow the exchange of property in order to correct an encroachment on City-owned land. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE MINUTES OF THE JULY 9 2003. APPEALS COMMISSION MEETING MOTION made by Mr. Kuechle, seconded by Mr. Kondrick, to receive the July 9, 2003, Appeals Commission minutes. � Planning Commission Minutes — September 17, 2003 Page 5 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE JULY 23 2003 APPEALS COMMISSION MEETING MOTION made by Mr. Kuechle, seconded by Mr. Kondrick, to receive the July 23, 2003, Appeals Commission minutes. UPON A VO{CE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE JULY 10. 2003. HOUSING AND REDEVELOPMENT AUTHORITY MEETING MOTION made by Mr. Oquist, seconded by Ms. Johns to receive the July 10, 2003, Housing and Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE JULY 15. 2003 ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING MOTION made by Ms. Johns, seconded by Mr. Kondrick, to receive the July 15, 2003, Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE AUGUST 7 2003. HOUSING AND REDEVELOPMENT AUTHORITY MEETING MOTION made by Mr. Saba, seconded by Ms. Johns, to receive the August 7, 2003, Housing and Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE THE MINUTES OF THE AUGUST 13. 2003 APPEALS COMMISSION MEETING MOTION made by Mr. Kuechle, seconded by Mr. Oquist, to receive the August 13, 2003, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � Planning Commission Minutes — September 17, 2003 Page 6 ADJOURNMENT MOTION by Ms. Johns, seconded by Mr. Kondrick, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE SEPTEMBER 17, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 7:55 P.M. Respectfully submitted, C.I�.c�i Kat y Fi cher �'Q Recording Secretary L � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 Date: September 18, 2003 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-13, Brian Bona M-03-134 INTRODUCTION The petitioner, Brian Bona, is seeking a special use permit to allow the expansion of an automobile service station, which will allow for the construction of a new building that will connect the existing gas station located at 5311 University Avenue and the existing service station located at 5333 University Avenue. Earlier this year, the petitioner requested a variance to allow the construction of a new car wash at the gas station. That request was approved by the City Council, however the petitioner has decided not to install a new car wash due to uncertain economic times and the non-necessity nature of a car wash. The petitioner is instead applying for this special use permit to expand his automobile quick service lanes. Granting of this request removes the possibility of future expansions to the site. PLANNING COMMISSION RECOMMENDATION At the September 17, 2003, Planning Commission meeting, a public hearing was held for SP #03-13. After a brief discussion, the Planning Commission recommended approval of SP #03-13, with stipulations. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall obtain all necessary permits prior to construction. 2. The proposed additions shall be architecturally compatible with the existing 7 � building and finished with complementary building materials, staff to review and approve final elevations. 3. No outdoor storage shall be permitted on site, all existing outdoor storage, including the storage pod shall be removed upon completion of the proposed expansion. 4. Site shall not be used to display cars for sale or storage of trucks for rent. 5. All lighting shall be shielded, downcast and may not exceed 3-foot candles of light intensity at the property line. : City of Fridley Land Use Application VAR #03-05 March 12, 2003 GENERAL INFORMATION SPECIAL iNFORMATION Applicant: Brian J. Bona 1649 Summit Avenue St. Paul MN 55105 Requested Action: Special use permit to expand an automobile service station. Existing Zoning: C-2 (General Business) Location: 5311 & 5333 University Avenue Size: 65,094 sq. ft. 1.5 acres Existing Land Use: Automobile Service Station Surrounding Land Use & Zoning: N: Interstate 694 & ROW E: Single Family & R-1 S: Columbia Heights W: University Avenue & ROW Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.14.01.C.(4) and (5) require a special use permit for repair garages and automobile service stations. Zoning History: 5311 University Avenue: 1886 — Lot is platted. 1959 — Special use permit granted to allow a service station. 1959 — Service Station built. 1978 — Special use permit granted to allow the car wash. 1978 — Car wash is built. 1994 — Addition built. 5333 University Avenue: 1886 — Lot is platted. 1955 — Service station built. 1956 — Garage built. 1959 — Filling station office built. 1996 — Site demolished. 2000 — Existing Repair and Quick Lube Station built. Legal Description of Property: 5311 University Avenue: Lot 16-19, Block 13, Hamilton's Addition to Mechanicsville 5333 University Avenue: Lots 20-30, Block 13, Hamilton's Addition to Mechanicsville Public Utilities: Buildings are connected. Transportation: 53`d Avenue and the University Service Drive provide access to the properties. Physical Characteristics: Building, asphalt and typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Bona, is seeking a special use permit to allow the expansion of an automobile senrice station to allow the construction of a new building that will connect the existing gas station and service station located at 5311 and 5333 University Avenue. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit request, with stipulations. Repair garages and automobile service stations, providing motor vehicle fuel and oil dispensing are a permitted special use in the C- 2, General Business zoning district CITY COUNCIL ACTION/ 60 DAY DATE City Council — September 29, 2003 60 Day — October 13, 2003 Location of Proposed Building Connection Staff Report Prepared by: Stacy Stromberg SP #03-13 REQUEST The petitioner, Brian Bona, is seeking a special use permit to allow the expansion of an automobile service station to allow for the construction of a new building, which will connect the existing gas station located at 5311 University Avenue and service station located at 5333 University Avenue. ANALYSIS 5311 University Ave: The subject property is zoned C-2, General Business and is located on the corner of 53�d Avenue and University Service Road. In 1959, a special use permit was granted to allow the construction of a service station and as a result the service station was built. In 1978 another special use permit was granted to allow the construction of a car wash, therefore, the existing car wash was added. In 1994 a variance was granted to allow the reduction of the setback from an adjacent residential district from 50 feet to 19 feet to allow the construction of a 12 ft. by 15 ft. storage addition. 5333 University Avenue: The subject property is zoned C2, General Business and is located just north of the property located at 5311 University Avenue. This site was originally developed as a service station in 1955. In 1996, the building on the site was demolished and then in 2000, current service station was constructed. In 1999 a variance was granted to allow the reduction of the setback from an adjacent residential district from 50 feet to 30 feet to allow the construction of the existing repair and quick lube service station. -K Location of Proposed Building Connection — taken from the front of the buildings 10 The City Code allows repairs garages, automobile service stations, providing motor vehicle fuel and oil dispensing as a permitted special use in the C-2, General Business zoning district. The current service station has seven service bays, which provide general auto repair services. The petitioner is proposing to add three additional service bays, which will be used exclusively for Quick Services, such as oil changes, general maintenance and minor repair. Earlier this year, the petitioner requested a variance to allow for the construction of a new car wash at the gas station, which is located at 5311 University Avenue. The variance request was to reduce the setback from an adjacent residential district from 50 feet to 10 feet to construct the car wash. That request was approved by the City Council, however the petitioner has decided not to install a new car wash and is instead applying for this special use permit to expand his automobile quick service lanes. The proposed 1,946 square foot addition, connecting the two existing buildings, will be set back 24.916 feet from the property line and is well within the dimensions of previously granted variances for both sites. The petitioner is also proposing to add a 540 square foot addition on the east side of the existing gas station, which will be 20 feet from the property line. This set back is also within previously granted dimensions for this site; therefore, additional variances are not required. Location of Proposed Building Connection — taken from the rear of the buildings The proposed addition meets all other setback and lot coverage requirements. City staff hasn't heard from any neighboring property owners. 11 RECOMMENDATIONS City Sfaff recommends approval of this specia! use permit request, with stipulations. Repair garages and automobile service stations, providing motor vehicle fuel and oil dispensing are a permitted special use in the C-2, General Business zoning district. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. The petitioner shall obtain all necessary permits prior to construction. 2. The proposed additions shall be architecturally compatible with the existing building and finished with complementary building materials, staff to review and approve final elevations. 3. No outdoor storage shall be permitted on site, all existing outdoor storage, including the storage pod shall be removed upon completion of the proposed expansion. 4. Site shall not be used to display cars for sale or storage of trucks for rent. 5. All lighting shall be shielded, downcast and may not exceed 3-foot candles of light intensity at the property line. 12 � � C1TY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 Date: September 18, 2003 s � �/ To: William Burns, City Manager � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #03-05, Ciry of Fridley M-03-135 INTRODUCTION City Staff is requesting a replat of City owned property located in Farr Lake Park and property located at 1419 West Danube Road, which is owned by Brenden and Sheryl Klein. The replat will allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. It has come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. Proposed Tract "A" on the enclosed survey indicates the City owned land, which the Klein's have been utilizing. Proposed Tract "B" indicates the land, owned by the Klein's, in which the City has been utilizing as part of a trail system in Farr Lake Park. The replat of these two pieces of land will simply allow both owners to benefit by owning the parcels they are currently using. PLANNING COMMISSION RECOMMENDATION At the September 17, 2003, Planning Commission meeting, a public hearing was hetd for PS #03-05. After a brief discussion, the Planning Commission recommended approval of plat request, PS #03-05. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 13 � AGENDA ITEM � CiTY COUNCIL MEETING OF SEPTEMBER 29, 2003 CRY OF FRIDLEY Date: 9/24/03 � To: William Burns, City Manager �( From: Paul Bolin, Planning Coordinator Scott Hickok, Community Development Directcr RE: Time Extension For PS#03-02 M-03-137 INTRODUCTION Jeffrey Cruz, owner of Meadowview Homes and the former Thielmann property located at 1540 Rice Creek Road, is requesting an extension to the time line for final plat approval. Due to a nearly 3-month delay in the platting process at Anoka County, Mr. Cruz will not be able to have the final plat mylars back in front of the Council for approval within the required 6-month time line. PLANNING STAFF RECOMMENDATION City Staff recommends the City Council extend the time line for final plat approval for six months, until March 29th, 2004. This additional time will allow the petitioner adequate time to receive plat approval from Anoka County. 14 � ` September 4, 2003 City of Fridley Community Development Fridley, MN To Whom it May Concern: I received your pIione caIl a3visirig us that our'�app7 cation an� �time Iine or p at approvaThas expired. The delay in this process is a direct result of Anoka County's backlog for plat approv- als. (We have been waiting for almost two months for the final plat approval, and hope to re- ceive word very soon.) I am requesting an extension for this process with the City of Fridley due to the delay we are experiencing with the County. I look forward to hearing from you and/or meeting with you to further discuss this matter. Since�ely, - , � �, . . . � . � �� ¢ � s� _ � ,: �� .:7 `:< < �.� - �_.-�,'_" v � �t ! f -. Jeffrey Gruz � . . _ _ . Owner _. ._ .. .- : - - - - -__ _ � . : _... .. .. .._ _ _ �_. . . . . �_ _ _ _. .:.. . . . _. . _.-,. ° : . - _ , . . . .. .. .. . _ . .. ... . .. „_.. _ , � _ , _ . .. , . _. - _ _. .., f - _ - .,. . �� . _ .. - � --= . 1 . _- 14621 Aberdeen St. NE Ham Lake MN 55304 763-757-7320 ,.: . . , .. _ , . ., 1 _ . .. , _ 15 :C. AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 CRY OF FRIDLE7 TO: _ Wiiliam W. Burns, City Manager � _. _�----.._. _--- _ _. _ .. _..- - � . _,. _ . _ _ __ _ _ -- FROM: Jon .ti liaukaas, Public Works Director LayneJO�on, Assistant Public Works Director DATE: September 24, 2003 SUBJECT: 2003 Street Improvement Project I`lo. ST 2003-1 PW03-081 The attached Change Order I`�o. 2 to 2003 Street Improvement Project I`lo. ST 2003-1 is for additional retaining wall work on Pierce Street Additional work was required due to the widening of the street to meet City Standards, aligning the street in the middle of the right of way, and a drop in str-eet elevation to meet stopping sight distance requirements. This resulted in encroaching upon properties on the west side of Pierce Street by about two feet and lowering the street about half a foot The yards on the west side are higher in elevation and the new alignment and elevation _ necessitated the installation of two short walls. The walls were set back approximately 30" to provide snow storage and plow clearance. Several retaining wall contractor were contacted and three proposals were received. The lowest proposal was selected and the Coniractor began work the following the week. The final cost for the retaining wall work was �6,347.55, which is �23.18 per square foot The residents have expressed appreciation and have commented on the appearance of the walls as "really nice°. The net cost of Change Order 1`l0. 2 is �6,347.55 for a revised contract amount of �764.339.96. - Recommend the City Council approve Change Order ho. 2 in the amount of �6,347.55 to tlardrives, Inc. LO/Jt1t1 16 CtTY OF FRIDLEY EnG1nEERInG DEPARTMEnT 6�31 Ul`IIVERSITY AVE(`{UE n.E. FRIDLEY, Ml`{ 55432 September 25, 2003 tlardrives, Inc. 14475 Quiram Dr. Rogers MI`I 55374 SUBJECT: Change Order I`lo. 2, 2003 Street Reconstruction Project I`lo. ST. 2003 - 1 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 2003 Street Reconstruction Project I`�o. ST 2003 - 1 by adding the following work Addition• ltem 1 Retaining Wall on Pierce Street TOTAL Ct1AI`IGE ORDERS: Original Contract Amount Contract Additions - CO I`lo. 1 CO IYo. 2 REVISED COI`I7RACT AMOUI`!7' uanti Unit Unit Cost 17 � I LS 6,347.55 Total Cost 6,347.55 693,360.41 64E,632.00 6.34�7.55 S 764,339.96 - tlardrives, Inc. Change Order l`�o. 2 September 25, 2003 Page 2 Submitted and approved by Jon ti. tiaukaas, Public Works Director, on the 29th day of September, 2003. Prepared by Checked by Jon ti. liaukaas, P.E. Director of Public Works Approved and accepted this day of , 2003 by r�wvES, inc. Signature Approved and accepted this day of , 2003 by CITY OF FRIDLEY Scott J. Lund, Mayor - William W. Bums, City Manager � � a an oF FRIDLEY TO: �71� AGENDA ITEM COUNCIL MEETING OF SEPTEMBER 29, 2003 WILLIAM W. BURNS, CITYMANAGER ■— � RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: SEWER RATE INCREASE FOR 2004 Date: September 18, 2003 As part of the budget work done this year, we indicated that the Sewer Utility Fund would require a rate increase for 2004. Even with this rate increase we are projecting this fund to end the year with an operating deficit. We are recommending an increase for 2004 in the amount of 1.8 % based on the local initiative that limited the amount we can raise the rates. We are recommending that the sewer rates be increased to $2.41 per thousand gallons. This increase would be effective the first billing in January of 2004. Staff is recommending the sewer rate change for 2004. RDP/me Attachment 19 RESOLUTION NO. - 2003 RESOLUTION PROVIDING FOR SEWER RATE INCREASES WHEREAS, Section 402.13 of the City code provides that the City Council shall have the authority to set sewer rates, and Whereas, based on the increases of disposal of sanitary sewer costs, the rate increase of 1.8% is being passed through to the sanitary sewer utility customers. NOW THEREFORE, BE IT RESOLVED, that the following sewer rate schedule shall be effective with the first billing in January, 2004. CONSUMPTION MIlYIMUM MIlvIMUM PROPERTY CLASS BASIS CHARGE CONSUMPTION "Single Family" Dwelling Winter Quarter $28.92 12,000 Gallons (including Townhomes) Water Usage Commerc ial/Industrial Non-Profit Entity including schools Multiple Dwellings (including Trailer Courts) Current Quarter Water Usage Current Quarter Water Usage Winter Quarter Water Usage $60.25 $60.25 $60.25 25,000 Gallons 25,000 Gallons 25,000 Gallons Qualifying Disable and Senior Winter Quarter Maximum of No Minimum — Citizens Water Usage $24.10 Maxirnum of 10,000 Gallons All consumption in excess of the minimums stated above will be charged at a rate of $2.41 per thousand gallons. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29TH DAY OF SEPTEMBER, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK 2� SCOTT J. LLTND - MAYOR � r � QTY OF FRIDLEY TO: FROM: AGENDA ITEM COUNCIL MEETING OF SEPTEMBER 29 2003 WILLIAM W. BURNS, CITYMANAGER ,,� RICHARD D. PRIBYL, FINAIVCE DIRECTOR SUBJECT: STORM WATER RATE INCREASE FOR 2004 Date: September 25, 2003 As part of the budget work done this year we indicated that the Storm Water Fund would require a rate increase for 2004. This fund is projected to be operating at a loss without an increase. We are recommending an increase for 2004, but because of the recent local initiative we are limited to an increase of 1.8%. We are recommending that the REF factor be increased to $9.21 per quarter. You might recall that a residential lot was defined to be 1/3 of an REF acre. The quarterly cost for storm water would then be $3.07 per quarter for a residential lot. This increase would be effective the first billing in January, 2004. Staff is recommending the storm water rate change for 2004. RDP/me Attachment 21 RESOLUTION NO. - 2003 RESOLUTION PROVIDING FOR A STORM WATER DRAINAGE RATE CHANGE WHEREAS, Section 402.13 of the Ciry Code provides that the City Council shall have the authority to set the storm water drainage fee by resolution, and Whereas, the expenses associated with the maintenance of the storm water system have increased, and WHEREAS, the City has indicated a desire to provide for proper maintenance and improvements to the storm water drainage system, and WHEREAS, both the maintenance and improvements have been outlined in the City's Budget and - Capital Improvement Program, and WHEREAS, the new rate is to be effective with the January, 2004 billing. NOW THEREFORE, be it resolved, that the following storm water drainage rate for all customers shall be $9.21 per quarter per REF-acre. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 2g`h DAY OF SEPTEMBER, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LLTND - MAYOR 22 � � a GTY OF FRIDLEY TO: FROM: AGENDA ITEM COUNCIL MEETING OF SEPTEMBER 29, 2003 WILLIAItil W. B URNS, CITY MA�VAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: WATER RATE INCREASE FOR 2004 Date: September 25, 2003 As part of the budget work done this year we indicated that the Water Fund would require a rate increase for 2004. This fund is projected to end the year of 2004 with an operating deficit even with the requested rate increase. We are recommending an increase for 2004, but because of the recent local initiative to limit the amount we can increase the rates, it will be limited to 1.8%. We are recommending that the water rates be increased to $1.10 for the consumption under 5,000,000 gallons and $1.15 for consumption over 5,000,000 gallons per quarter. Staff is recommending the water rate change for 2004. : �' ��_- Attachment 0 23 RESOLUTION NO. - 2003 RESOLUTION PROVIDIIYG FOR WATER RATE CHANGE WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set water rates by resolution, and WHEREAS, increases in operating costs since the last water rate increase in 2002 have necessitated an increase in rates limited to an increase of L8%. WHEREAS, the rates ace to be effective with the January, 2004 billing. NOW THEREFORE, be it resolved, that the following water rate schedule for all customers except those qualifying for the low income senior citizen and disabled citizen rate shall be as follows: WATER RATESCHEDULE 0 - 5,000,000 $1.10/ 1,000 Gal/Minimum $13.20 ' OVER - 5,000,000 � 1.15/ 1,000/Gal BE IT FURTHER RESOLVED, that the City Council hereby provided a reduced rate schedule for qualifying low income senior citizens and disabled citizens as follows: SENIOR CITIZEN RATE SCHEDULE 0- 5,000,000 $.82/1,000 Gal/Minimum $9.84 The following criteria must be set to quatify for the low income senior citizen rate: 1. The senior citizens must occupy single family or double bungalow units. The senior c'tizen rate does not apply to apartments, commercial, industrial, institutional, or other. 2. The customer or person having responsibility for payment of the water charge must be sixty two years of age or older and must provide a copy of a valid Minnesota Driver's License or receipt thereof, or a Minnesota Identification Card or a receipt thereof with cunent address for proof of age. 3. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Federal Tax Form. The following criteria must be met in order to qualify for the low income disabled citizen rate: 1. Disabied citizens must provide a copy of an award letter from the Social Security Administration indicating that the individual is one hundred percent (100%) disabled. 2. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's ` Federal 1040 Tax Form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29� DAY OF SEPTEMBER, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 24 0 0 r � C1TY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 WILLIAM W. BURNS, CITY MANAGER � � RICHARD D. PRIBYL, FI�IANCE DIRECTOR SHARON FETTING, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR T�IE STREET IMPROVENIENT PROJECT NO. ST. 2003-1 DATE: September 24, 2003 Attached you will find the resolution directing preparation of the assessment roll for the Street Improvement Project No. St. 2003-1. This project included 134 properties. The assessment will be for 10 yeazs at a rate of 6.5%. RDP/sf Attachment .fM 25 � RESOLUTION NO._-2003 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE STREET IMPROVENIENT PROJECT 1�T0. ST. 2003-1 WHEREAS, the costs for the Street Improvement Project No. ST. 2003-1 have been estimated to be $753,360.41 for the contract price for such improvement and $12,300.00 for expenses incurred in the making of such improvement so that the total estimated cost of the improvement is $765,660.41. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby estimated to be $620,001.76 and the portion of the cost to be assessed_against benefited property owners is declared to be $145,658.65. Assessments shall be payable in equal installments extending 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 THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2003. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 26 � � CfTY OF fRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 TO: WILLIAM W. BURi�tS, CITY MANAGER I� � � FROM: SUBJECT: RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, SPECIAL ASSESSMENTS RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2003-1 DATE: September 24, 2003 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the Street Improvement Project No. ST. 2003-1. This project included 134 properties. These properties will be assessed a total of $145,658.65. The Public Hearing Notice will be published in the Focus newspaper on October 9, 2003 as required by State Statute. RDP/sf Attachment 27 RESOLUTION NO. -2003 RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2003-1 WHEREAS, by resolution passed by the Council on September 29, 2003, the Finance Director was directed to prepare a proposed assessment of the Street Improvement Project No. ST. 2003-1, 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 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: A hearing shall be held on the 27`h 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 year in which such payment is rrade. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 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 ��;7 0 � AGENDA ITEM � COUNCIL MEETING OF SEPTEMBER 29, 2003 Cf1Y OF FRIDLEY CLAIMS 113335 - 113602 29 � 3 � T City of Fridley AGENDA ITEM City Council Meeting Of Monday, September 29, 2003 � Gas Services Air Masters Inc 5885 149 St W#101 Brian Kuhn Apple Valley MN 55124 Flare Heating 8� Air Conditioning 9303 Plymouth Ave N Pat Surprison Golden Valley MN 55427- Master Gas Fitters 2263 N McKnight Rd STE 2 Dan Perzichilli North St Paul MN 55109- Peoples Plumbing 8 Heati�g 18833 Everton Ave Randy Ostebo Forest Lake Quality Refrigeraton Inc 6237 Penn Ave S Bob Forder Richfield MN 55423- General Contractor-Commercial Cottonwood Construction Inc (20062928 9240 Cottonwood Lane Tom Lceffler Maple Grove MN 55369- Hilltop Trailer Sales 7810 Universiry Ave NE Dick Pearo Fridley MN 55432- Public Health Solutions 736 Pierce St NE Shannon Williams Minneapolis MN 55413- 30 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � Total Home Maintenance & Repair 19140 81 PI N Jeff Peterson Maple Grove MN 55311- General Contractor-Residential Above 8� Beyond Construction (20378708) 481 206 Ave NE Arlo Cook East Bethel MN 55011- Baerg David Construction (1858) 3109 N 73 Lane David Baerg Brooklyn Park MN 55443- Castle Roofing & Siding (20007187) 3639 Nicollet Ave S Dennis Wager Minneapolis MN 55429- Castlerock Construction LLC (20191963) 1816 Dale Ct Les Hanke Roseville MN 55113- Charles Michael Company (20314293) PO Box 457 Wayne Viger Anoka MN 55303- Dahl Builders 8� Remodelers Inc 451 Maple St Dale Dahl Sping Lake Park MN 55432- Donnelly Stucco Co (20268435) 2500 E 25 St Thomas Donnelly Minneapolis MN 55406- Heiderscheid Bros Construction Inc (20060354) 1532 164 Lane Pat Heiderscheid Ham Lake MN 55304 Hockaday Lloyd Contractor (20175032) 2544 Crestline Dr Lloyd Hockaday White Bear Lake MN 55110- 31 Approved By: Ron Julkowski Building Official State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of M N State of MN � J P Renovations Inc 6581 Lucia Lane NE Josh Paterson Fridley MN 55432- Kitchens By Design (20315240) 201 Silver Lake Rd Greg Andres New Brighton MN 55112- Kiingbeil Construction Inc (20382513) 6161 Trinity Dr NE Paul Klingbeii Fridley MN 55432- Renaissance Exteriors (20220285) 2556 Hwy 10 Chris Meade Mounds �ew MN 55112- Scott Mike Stucco (20409102) 5435 Pompano Dr Michael Scott Minnetonka MN 55343- Heatinq Air Masters Inc 5885 149 St W#101 Brian Kuhn Apple Valley MN 55124- Aqua City Plumbing � Heating Inc 5428 Nicollet Ave S Dave Vogelgesang Minneapolis MN 55419-1990 Flare Heating 8� Air Conditioning 9303 Plymouth Ave N Pat Surprison Golden Valley MN 55427- Prestige Sheet Metal Inc 1293 Co Rd I Jim Bradac Hudson WI 54016- 32 - Approved Bv: State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � Masonry McKinney Gerald Construction 2507 Sheridan Ave N Jerry McKinney Minneapolis MN 55411-1742 Ptumbinq Aqua City Plumbing & Heating Inc 5428 Nicollet Ave S Dave Vogelgesang Minneapolis Mn 55419-1990 Fignar Biil Plumbing 2844 Johnson St NE Bill Fignar Minneapolis MN 55418- Master Mechanical Inc 1027 Gemini Rd Paul Bachman Eagan MN 55121- Petes Water & Sewer Inc 800 Lowry Ave NE Dennis Skjod Minneapolis MN 55418- Plumb Right 1216 82 Ave N Dale Carter Brooklyn Park MN 55444- Plumb Right 1216 82 Ave N Dale Carter Brooklyn Park MN 55444 Rascher Plumbing 8 Heating 712 Smith Ave 5 Joe Rascher St Paul MN 55107- Ryan Plumbing 8 Heating 811 University Ave Greg Ryan, St Paul MN 55104- 33 Approved By: Ron Julkowski Building Official State of MN State of MN State of MN State of MN State of MN State of M N State of MN State of MN Sufka Plumbing 3901 Co Rd 101 Minnetonka MN 55345- Tompkins A C Plbg � Htg Inc 10747 53 St NE Albertville MN 55301- Wiley Roger Inc 47984 Fish Haven Rd Big Stone City SD 57216- Siqn Erector Designer Sign Systems 9975 Fianders Ct Blaine MN 55449- Signs By RSG 6160 Green Valley Rd Ramsey MN 55303- � Ray Suflca Chad Tompkins Alan Wiley Tom Rhude Spencer Blackwelder 34 Approved Bv: State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official � � . . � AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 I F�O� ESTIMATES r Hardrives Inc. 14475 Quiram Drive Rogers, MN 5�374-9461 2003 Street Improvement Marian Hills Project No. ST 2003 —1 EstimateNo. 4 ....................................................................................... $ 82,723.60 Midwest Asphalt Corp. 5929 Baker Road, Suite 420 Minnetonka, MN 55345 Hickory Drive Watermain Replacement Project No. 350 Estimate No. 3 ....................................................................................... $ 38,499.23 35 ► 0 . / a CffY OF FRIDLEY TO: From: Re: Date: AGENDA ITEM CITY COUNCIL MEETING OF September 29, 2003 William W. Burns, City Manager �� Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Public Hearing for GMME Dough Inc, dba Broadway Bar & Pizza located at 8298 University Avenue NE, Fridley, MN 55432 (Formerly Sean's) Applicant: George Michael Schrauth 2360 Lee Avenue North Golden Valley, MN 55422 September 24, 2003 GMME Dough Inc., dba Broadway Bar & Pizza, owned by George Michael Schrauth has applied for an intoxicating liquor license at 8298 University Avenue NE, Fridley, Minnesota, 55432, formerly known as Sean's. Section 603 of the Fridley City Code requires that a public hearing be held to consider the approval of an Intoxicating Liquor License. The City Code also states that the license can not be approved during the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus on September 18, 2003, and mailed to Mr. Schrauth on September 19, 2003. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. Mr. Schrauth is working with the Building Inspections Department to remodel the restaurant with plans to open the restaurant November 1 st. The final approval of the license will be scheduled for October 13, 2003. Staff recommends holding a public hearing for an intoxicating liquor license. 36 a Z � � GTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 TO: William W. Burns, City Manager �jY � FROM: David H. Sallman, Director of Public Safety DATE: September 29, 2003 SUBJECT: Local Law Enforcement Block Grant The City of Fridley has been selected to receive funds in the amount of $13,419.00 in connection with the Local Law Enforcement Block Grant Program. This grant has a city match requirement of $1,491.00 along with the conditions listed below: A preliminary poll of our advisory board consisting of the recommended agencies indicates they are in agreement with the recommendations. They were scheduled to return their individual recommendations by September 26, 2003. The group supports the recommendation made by the Police Department to apply the funds towards program purpose area of supporting law enforcement with procuring of equipment and overtime. 2. The public hearing notice was submitted for inclusion in the September 18, 2003 issue of the Sun Focus and posted within Fridley Municipal Center with the public hearing date scheduled for September 29, 2003. We do not anticipate a large response to this proposal. The Police Department has proposed that the expenditures for the 2003 Local Law Enforcement Block Grant be utilized under Category One of the seven possible categories. Category One provides support for Law Enforcement personnel; specifically the procurement of equipment and personnel overtime. For 2003 we would like to purchase crime mapping software that will integrate with our Visions record system. This will allow us to analyze our calls for service at least once every 24 hours, and enhance our ability to quickly recognize crime trends and patterns. Given the limited amount of funds available through this block grant, we feel this is currently the best use of these funds. Staff recommends that Council hold the public hearing. Attachment A CITY OF FRIDLEY PUBLIC HEARIiv"G BEFORE THE CITY COUNCIL (Legal Notice) I�'otice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday, September 29, at 7:30 p.m. on the question of issuing an on-sale IntoYicating Liquor License to George Michael Schrauth for GMME Dough, Inc., dba Broadway Bar & Pizza located at 8298 University Avenue NE, Fridley, Minnesota. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 24, 20023 Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published: September 18 and 25, 2003 in the Fridley SunFocus 37 � � AGENDA ITEM cmoF CITY COUNCIL MEETING OF SEPTEMBER 29, 2003 FRIDLEY INI�ORMAL STATUS REPORTS :