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10/27/2003 - 4614- - � -- , . . � CRY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, A1�URFSS ANt� /TFM NUMBFR YOU ARF /NTFitFSi�t� /N. i,i� � ; ,� ,, j h �� " �� ,,; ��i�� ",, � � � � �� y�,� �'��+�` {C1�Ar�� '� '`� Ac�+c'�"+�� .. � �i....', . \\_ , , .: .. // /C3,W',�' �j - � � \ , , .. . �. ..x.:/�. . . , - '� '��;f i � i v" .... , . .,.. . ,.... ,.,.: „ ,,,� , . . s.�y€ i. � '� ''7 � `� � a ; �C `---- �.,rl , L � ^ � ��' ��`:1 � �t=' ' � �` �/ i �• �,-:> �� C; _- �, �- C.... � S 3 7 S r-( �: R ou �zv C K.: � � C r i� �. � ��-C' �}� -� - � - - � •-- . �� C /'�-�,.,� r �3� � �. � �. �; �-i 5 . . ��C��- � � �� - c� 2 � �`= �� ;�;,` ` ,' . �_�;� �v -' �',�> ;: �i i�--� ; , , l � O�-' ��%z �- � 4''�, `' �� '�k �� ' ,.�,yl. ,� ��' 1"L..� �'G' � "�j i � � � ; '�'��1 �a� i, G }'�r�S�� °� (a.'' �� /�rt�. ��(, -�� `7 -� O �� " �'c� ��..c.�'�`- 1�7 �, Vk�ci"r_�C_k�`�r� �iiil.� — CU ,, ,, � � � \: ;� �!�� — i�'y � �K�'�. ��C1�1%=�'� � `�� ,�' �, ^'i��:'�� , �,%,�,t�� ;';Y�; -�fit�,�_':-�- SlT 1 � � � � y�r � < � �' � <' v4� "�E! � ��JU�. ��G Q. a-� . N E 15 �4ia., ✓ (� = , �i. 4 i .¢. i v ;:,,<' " -��, . '�.1 ` � � _ ., � i � ?�,� , ;,:�� , '�,�� ; 'n ! :^ , l.� N� � ti�.y � � L _ / �,,.� i ,.> � y _ ' ,� L ' �,-r�E�r � � �J L /� /, � L`�ylSk ��' �.. -�� ,,.� ��; �.; �� r� �� iv � �% lz �,.� ��- � r �� , ��,� �� ,�� (�) ,y �� G` �� l�� t, , G-� �'� , _J , �� - , � 1�� / , . � � z�r�^��-.�„ �i �, -� �`' �- �, , � � CITY COUNCIL MEETING OF OCTOBER 27, 2003 CfTY 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, seY, disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to - participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require au�ciliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 8, 2003 NEW BUSINESS: 1. Resolution Approving a Plat, PS #03-02, Theilmann Estates, by Jeffrey Cruz, Meadowview Homes, for the Purpose of Creating 8 Single Family Lots, Generally Located at 1540 Rice Creek Road N.E. (Ward 2) - .............................................. 2. Approve Development Agreement Befinreen the City of Fridley and Theodore Theilmann and Jeffrey Cruz for the Property Generally Located at 1540 Rice Creek Road N.E. (Ward 2) - ............................................................ FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Master Plan Amendment, MP #03-01, by Mohagen/Hansen Architecturai Group, on Behaif of Columbia Park Medical Group, to Amend the Master Plan for Columbia Park Medical Center Campus to Allow for Future Parking and Building Expansion, Generally Located at 6341 University AvenueN.E. (Ward 1) ........................................................................................ 23 - 24 4. Approve Amendment to the Comprehensive Sign Plan for the East Moore Lake Shopping Plaza, Generally Located at 1250 East Moore Lake Drive (Ward 2) ............................................. 25 5. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: North Park Neighborhood Street Improvement Project No. ST. 2004 — 1 ................... ... 26 - 27 ........................................ 6. Resolution Certifying Certain Delinquent Utility Services to the County Auditor for Collection withthe 2004 Taxes ........................................................................................... 28 - 35 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley American Legion, Post 303 (Ward 2) ....................................................................................................... 36 - 37 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2003 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Claims ....................................................................................................... 38 , � 9. Licenses ....................................................................................................... 39 - 40 10. Estimates ....................................................................................................... 41 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: � 11. Consideration of the Assessment for the 2003 Nuisance Abatement Project (Continued October 13, 2003) ........................................................................... 42 - 43 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2003 PAGE 4 PUBLIC HEARINGS (CONTINUED): � 12. Consideration of the Assessment for Street Improvement Project No. ST. 2003 — 1 .............................................................. 44 - 46 OLD BUSINESS: 13. Resolution Adopting the Assessment for the 2003 Nuisance Abatement (Tabied October 13, 2003) ....................................................................................................... 47 - 49 14 Resolution Adopting the Assessment for the 2002 Street Improvement Project No. ST. 2002 — 1 (Tabled October 13, 2002) ................................................................................. 50 - 58 NEW BUSINESS: 15. Preliminary Plat Request, PS #03-07, by Michael Juaire, PMJ Group, Inc., to Replat Property to Accommodate a Four-Unit Townhome Developmerrt, Generally Located at 1215 Norton Avenue - N.E. (Ward 2) ..................................................................................................... 59 - 65 - � 16. Informal Status Reports ..................................................................................... 66 ADJOURN. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2003 <s . � - - �� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex_ disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request. accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services. programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 8, 2003 � , ��-� � ��Q�- %�,�� '�� :' �k � � , NEW BUSINESS: � � 1. Resolution Approving a Plat, PS #03-02, Theilmann Estates, by Jeffrey Cruz, Meadowview Homes, for the Purpose of Creating 8 Single Family Lots, Generally Located at 1540 Rice Creek Road N.E. (Ward 2) .................................. 1 - 4 ��y �� _� 2. Approve Development Agreement Between the City of Fridley and Theodore Theilmann and Jeffrey Cruz for the Property Generally Located at 1540 Rice Creek Road N.E. (VVard 2) .................................. 5 - 22 �3 � Master Plan Amendment, MP #03-01, by -� Mohagen/Hansen Architectural Group, on Behalf of Columbia Park Medical Group, to Amend the Master Plan for Columbia Park Medical Center Campus to Allow for Future Parking and Building Expansion, Generally Located at 6341 University Avenue N.E. (Ward 1) ........................ 23 - 24 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Approve Amendment to the Comprehensive Sign Plan for the East Moore Lake Shopping Plaza, Generaily Located at 1250 East Moore Lake Drive (Ward 2) .................................. 25 5. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: North Park Neighborhood Street Improvement Project No. ST. 2004 —1 ................................... 26 - 27 55� �� 6. Resolution Certifying Certain Delinquent Utility Services to the County Auditor for Collection. with the 2004 Taxes .......................... 28 - 35 ��_;�G2,� 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley American Legion, Post 303 (Ward 2) ................................... 36 - 37 8. Claims 9. Licenses .��-�OZ� ............................... 38 ............................... 39 - 40 r . �. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: NEW BUSINESS (CONTINUED): 10. Estimates ADOPTION OF AGENDA. ............................. 41 OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. � ��j — ,2r�� PUBLIC HEARINGS: u:�n� �� 11. Consideration of the Assessment for the 2003 Nuisance Abatement Project (Continued October 13, 2003) .......... 42 - 43 �rlt.� � �% �J� 12. Consideration of the Assessment for Street Improvement Project No. ST. 2003 —1 ................................... 44 - 46 �'�,�- . � 1 � � :' �� OLD BUSINESS: 13. Resolution Adopting the Assessment for the 2003 Nuisance Abatement (Tabled October 13, 2003) ................................... 47 - 49 `��c�^�'c� 14 Resolution Adopting the Assessment for the 2002 Street Improvement Project No. ST. 2002 —1 (Tabled October 13, 2002) ................. 50 - 58 a��:?�� j� 15. Preliminary Plat Request, PS #03-07, by Michael Juaire, PMJ Group, Inc., to Replat Property to Accommodate a Four-Unit Townhome Development, Generally Located at 1215 Norton Avenue N.E. (Ward 2) ................................... 59 - 65 �� 16. informai Status Reports ADJOURN. [�: t CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 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: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom MEMBERS ABSENT: None PROCLAMATION: Mayor Lund read and presented a proclamation for Patriot Day on September 11, 2003. Mayor Lund read and presented a proclamation for pomestic Violence Awareness Month, October, 2003. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 11, 2003. APPROVED. OLD BUSINESS: 1. RESOLUTION NO. 2003-40 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2002-1. Dr. William Burns, City Manager, said the City proposed to assess property owners $109,897.52 of the total project cost of $681,535.83. The assessment was 16% of the total cost. The average cost to the 97 property owners for ten years at 6'/z% interest was $1,132.96. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 2003-40. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 2 2. RESOLUTION NO. 2003-=�1 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2002 —1. Dr. William Burns, City Nlanager, said the public hearing was scheduled for October 13, 2003. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 2003-41. 3. RESOLUTION NO. 2003 — 42 DIRECTING PREPARATION OF THE ASSESS- MENT ROLL FOR THE 2003 NUISANCE ABATEMENT. Dr. Williams Burns, City Manager, said the public hearing was scheduled for October 13, 2003. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 2403-42. 4. RESOLUTION 2003-43 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 2003 NUISANCE ABATEMENT Dr. William Burns, City Manager, said the public hearing was scheduled for October 13, 2003. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 2003-43. 5. RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA, ADOPTING A 2003 TAX LEVY COLLECTIBLE IN 2004 Dr. William Burns, City Manager, said the resolution was for the renewal of a 19961evy to support the HRA's revolving loan program for property rehabilitation. It was a market value levy equal to .0144% of the estimated market value of taxable property in Fridley. The levy cost the owner of a$175,000 home about $25 per year. The levy would generate approximately $247,100 in 2003. The Fridley HRA approved the levy at their September 4, 2003, meeting. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. CLAIMS APPROVED CLAIM NOS. 113065 THROUGH 113332. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 7. LICENSES APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 8. ESTIMATES APPROVED THE FOLLOWING ESTIMATES: ' Hardrives, Inc. 14475 Quiram Drive _ Rogers, MN 55374-9461 2003 Street Improvement — Marian Hills Project No. ST. 2003 —1 Estimate No. 3 Midwest Asphalt Corp. 5929 Bake Road, Suite 420 Minnetonka, MN 55345 Hickory Drive Watermain Replacement Project No. 350 Estimate No. 1 Creative Curb Contractors LLC 64358 — 375�' Street Watkins, MN 55389 2003 Miscellaneous Concrete Repair Project No. 351 Estimate No. 3 $191,897.95 $ 48,958.40 $ 4,135.45 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Barnette asked that Item No. 5 be removed and placed on the regulaz agenda. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., asked if the nuisance assessment would affect all residents. Dr. Burns, City Manager, said that it was a special assessment that was being levied against individuals whose nuisances were abated and did not apply to the City at large. MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal of Item No. 5. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE i�IOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 5. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORU�1, VISITORS: NIr. Blaine Jones, 54 Locke Lake Road N.E., invited Council, staff and the audience to Art at Rice Creek at the Banfill-Locke Center on Sunday, September 14 from 12:00 p.m. to 6:00 p.m. PUBLIC HEARINGS: 9. CONSIDERATION OF INCREASING SANITARY SEWER RATES IN EXCESS OF THE INDEX PROVIDED IN THE FRIDLEY CITY CHARTER MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAIVIMOUSLY. Mr. Richard Pribyl, Finance Director, said the resolution was for a proposed sanitary sewer increase. Pursuant to the City Charter, any increase in utility rates that would exceed the defined index would need voter approval. The index for 2004 would provide for a 1.8% increase in the rates. The City would like to increase the rate by an additional 7.2% or 17 cents per thousand gallons of waste disposed. With the 1.8% increase, the sanitary sewer fund would incur a loss of approximately $222,000. The City of Fridley experienced a 3 percent increase in the cost of waste water disposal fees and a 6.1 % increase in the annual waste water permit fee charged by Metropolitan Council Environmental Services for the discharge of City-wic�e sewage to their treatment plants. The City requested a rate increase for the sole purpose of reducing the operating loss for the year 2004. In order to provide for the possibility of raising the rates by an additional 7.2% in excess of the index, the resolution that was on the agenda called for an election on this - issue. The public hearing notice was published �hree times. Councilmember Barnette asked why the rates increased. Mr. Pribyl said that in the sanitary sewer fund, the bulk of the expenditures were to Met Council Environmental Services. Dr. Burns explained that the rest of the budget for 2004 was than it was for 2003. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER S, 2003 PAGE 5 Councilmember Barnette asked if the City had a choice in paying the fee to Met Council. Mr. Pribyl said the fee had to be paid to the Met Council because that was how Fridley got rid of its waste. Councilmember Bolkcom asked how Fridley's rates compared to other cities. Mr. Pribyl said that Fridley was at the lower eighth of the list of inetropolitan communities. The ' current sewer rate was $2.37 per thousand gallons. The City proposed to increase it to $2.58 per thousand with the 7.2% increase. Councilmember Billings asked if the Charter allowed the City to pass on the costs that were presented by other agencies. Attorney Frederic Knaak, City Attomey, said to the best of his knowledge, any increase in utility rates had to go to the electorate. He said the Charter specifically read that fees included utility charges. Councilmember Billings asked about having a separate line item on the billing statement that delineated the Metropolitan Council charge. Attorney Knaak said because of the language in Chapter 3 of the City Charter, that option would not be available to the City. Councilmember Billings said if the Metropolitan Council raised the fees 50% and the voters of the City of Fridley decided that they did not want to pay that amount, then the fees would need to come from the general budget. Attorney Knaak said they would according to the Charter. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., said that any new fees or taxes have to go before the voters. He said the City should pay the additional fees for increased storm sewer charges. _ Mr. Robert Scattarelli, 661 Marigold Terrace N.E., asked if there would be an advertisement if the item were a balloted question. " Mayor Lund said it would be advertised as required. Dr. Burns said the item would also be published in the City newsletter. Mr. Scattarelli asked if the storm sewer charges could only be increased up to 7.2% pursuant to the Charter. Mr. Pribyl said that 1.8% was what the rate could be increased per the City Charter and 7.2% was the amount that would bring the City up to 9% with the voter-approved portion. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 Mr. Scattarelli said that he did not want to see the general fund reduced. PAGE 6 Dr. Burns said that the City would first take funds from the sewer fund reserves. However, those reserves were set aside for the replacement of depreciated items in the sewer facilities and provided working capital for that fund. Mr. Scattarelli asked what the City would do to recover the additional costs if the referendum did not pass this year. Dr. Burns said that the sewer fund reserves would probably be drawn down or the City could decide not to do some capital improvements. Councilmember municipal electi election" meant. Billings said that fee increases should be put on the ballot on the next regular on. He asked Attorney Knaak to define what "the next regular municipal Attorney Knaak said the "next regular municipal election" was something that was defined in the City Charter under Section 402. He said there were two essential restrictions: regular municipal elections must be held every even numbered year, although it was not required that they be held only in even number years, and in addition, they had to be held on the first Tuesday after the first Monday in November at such place or places that the City Council designated. Councilmember Billings said that as long as the election was on the first Tuesday after the first Monday in November, it did not make a difference whether it was an even or odd year. It was a regular municipal election as long as it was set by the City Council. Mr. Knaak said that if the City Council set an election on that date, even in an odd numbered year, it was a regular municipal election under the Charter. Mr. Jerold Bahls, 7514 Alden Way N.E., asked if it was counted as a"no" vote if the vote was held on a presidential election year, and the voters missed it on their ballot. He said it would be better to hold the election in 2003 rather than 2004. Attorney Knaak said the City Charter indicated that 51 % of all votes cast were needed for the measure to pass. Mr. Scattarelli asked if the voting machines would know if a voter missed a question. Councilmember Billings said the voting machine only read a yes or no vote. It did not read a missed question. Mr. Bahls asked what the cost would be to have an election in 2003 versus 2004. Ms. Deb Skogen, City Clerk, said the cost would be about the same. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 7 Ms. Nancy Jorgenson, 5730 Polk Street N.E., asked if there was any historical data on voter falloff between the presidential year, when the question was at the bottom of the ballot, versus a special election. Ms. Skogen, said there was usually about a 20 to 30% falloff of people who did not vote on City or County issues. Mr. Pete Eisenzimmer, suggested putting it on the ballot in 2004. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. CONSIDERATION OF INCREASING STORM WATER RATES IN EXCESS OF THE INDEX PROVIDED IN THE FRIDLEY CITY CHARTER MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Richard Pribyl, Finance Director, said in 2004, the City could only raise the storm water rate by 1.8%. The City would like to increase the rate above and beyond the 1.8% by an additional 7.2%. There would be an increase of 88 cents per residential customer per yeaz. The operations for 2002 resulted in a net operating loss of $87,000. It was projected that with the 1.8% proposed increase, the storm water fund would still incur a loss of approximately $80,000. This fund had been eYperiencing increased costs resulting from federal mandates associated with the national pollutant discharge elimination system. The City of Fridley continued to perform maintenance and upgrades to help protect City streets and neighborhoods from flooding. The City requested a rate increase for the sole purpose of reducing the operating loss for the year 2004. The public hearing notice was published three times. Mr. Robert Scattarelli, 661 Marigold Tenace N.E., asked if this was on the ballot, would there be two questions, one for storm sewer and one for storm water. Mayor Lund said there were potentially three questions. Mr. Malcolm Mitchell, 1225 Regis Lane N.E., asked what it would cost the City if it were not put on the ballot this year. Mr. Pribyl said that in the year 2002, the City lost $87,000. He said there would be an approximate loss of $84,000 for 2004. In 2003, the City would lose approximately $40,000. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 8 Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., said that the City had to live on the budget according to the Charter. He suggested eliminating some of the parks and building houses on park land. MOTION made by Councilmember Barnette to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. CONSIDERATION OF INCREASING WATER RATES IN EXCESS OF THE INDEX PROVIDED IN THE FRIDLEY CITY CHARTER. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. Mr. Pribyl, Finance Director, said that with respect to the water utility fund, the index for 2004 would only provide for an increase of 1.8% in the rates. The City was asking for an additional 7.2% or 8 cents per thousand gallons above what was allowed by the City Charter. The City needed to upgrade the main water filtration plant to meet stricter guidelines imposed by the Federal EPA for the removal of Radium 226 and Radium 228 from the City's water supply. The City also needed to replace the 1.5 million gallon water storage tank that was constructed in 1953 which provided water pressure to the eastern third of the City. It was projected that with the 1.8% increase, the water fund will incur approximately a loss of $180,000. The City requested a rate increase for the sole purpose of reducing the operating loss for the year 2004. The 7.2% equated to an annual increase of $5.76 per average residential consumer of 18,000 gallons per quarter. The public hearing notice was published three times. If the vote failed this fall, the City would need to use funds that had been set aside for cash flow and replacement of infrastructure. Councilmember Bolkcom asked how Fridley compared to other cities with respect to water rates. Mr. Pribyl said that of the 108 communities that were surveyed, Fridley was the lowest. If this passed, Fridley would be around 106. Dr. William Burns, City Manager, said that the planned appropriation for 2004 was less than what was budgeted for 2003 by about $88,000. Councilmember Billings asked what the cost would be to repair the water tank. Mr. Jon Haukaas, Public Works Director, said that a consultant was hired to conduct a study on repairing the water tank. He said the consultant determined that the tank had deteriorated much worse than was originally thought. The estimated cost to repair the existing tank would be FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 9 $650,000 and would last about 15 years. The cost of a brand new tank, with a life expectancy of 75 to 100 years, would be about $550,000. Councilmember Billings asked if the increase was enough to pay for the $�50,000 tank. He asked of the fees would be lowered in 2005. Mr. Pribyl said that the cost was spread over future yeazs. In this particular case, the tank had a life of approximately 30 to 50 years. The amount would be spread over the next 30 to 50 years. The tank was paid for in the year in which it was constructed, but on the income statement, the expense was spread over whatever the life expectancy was for the fixed asset. Councilmember Billings said the City was not raising taxes to pay for the tank in one yeaz. The City was raising the rates because that was what it was going to take from now and into the future. Mr. Pribyl said the cost was going to be spread well into the future. If the City needed to pay for the tank in one year and have the rates reflect that, it would be too expensive. Councilmember Bolkcom asked Mr. Haukaas what it cost to repair a water main in the City. Mr. Haukaas said that a water main replacement project that might be done as a capital improvement project would cost $160,000 for a 1,000-foot long water main repair. Councilmember Bolkcom asked if the City would experience more water main replacement projects in the future, since it was an older community. Mr. Haukaas said it would. Mr. Robert Scattarelli, 661 Marigold Terrace N.E., asked what the total increase would be for homeowners if all three rate increases were passed. Mr. Pribyl said it would be approximately $24.00 per year for an average home, based on 18,000 gallons of water per quarter for water and sewer. Mr. Timothy Byrne, 6053 Woody Lane N.E., said that utilities were an essential public service. He asked what would be cut out of the budget. Dr. Burns said there was not much to eliminate out of the budget. It would first come out of the City's reserves. He said when the City lowered the reserves, they were lowering the amount of money for working capital and for other projects. If there was no money in the reserves to serve as security for bonding, the City's interest rate for bonds would be hi�her. Mr. Byrne said if the election failed, the City would still need to pay for the increase in utilities. If the election was held next year, the City would have more time to decide where to cut the budget. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 10 Dr. Burns said that for one year, it would come out of the utility reserves. He said that even with the rate increase, compared to other communities, the City would have some of the lowest rates. Mr. Pete Eisenzimmer, 6�35 Oakley Drive N.E. asked how much was in the reserve fund. Dr. Burns said there was approximately $2.8 million in both the water and sewer reserves. T`he general fund was around $4 million. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 12. RESOLUTION DECLARING A QUESTION TO BE PLACED ON THE BALLOT AT THE NEXT REGULAR MUNICIPAL ELECTION, TO LEVY A TAX WHICH IS IN EXCESS OF THE INFLATIONARY INDEX FOR TAX LEVY REQUIREMENTS FOR 2004 TO THE COUNTY OF ANOKA FOR COLLECTION FOR THE PURPOSE OF CONTINUING PROGRAMMING AT SPRINGBROOK NATURE CENTER (TABLED AUGUST 25, 2003). MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Richard Pribyl, Finance Director, said the State legislature cut state aid funds during the last legislative session. The total reduction of state aid for 2004 would be $1,103,605. The City was required to provide a draft budget for 2004. One of the major cost reduction plans was to eliminate the naturalist programming at the Springbrook Nature Center. It appeazed that a number of citizens would like to see the City place a question before the voters regarding a levy of $275,000 in added taxes to support the programming, maintenance, and administration of the naturalist programming at Springbrook Nature Center. The resolution committed the City to the election process. The public hearing was held on August 25, 2003. The question as presented was: "The Council of the City of Fridley has proposed to increase its ta�c levy for general City purposes by $275,000 beyond the index limit allowed by the City of Fridley Charter. The additional revenue would be used to fund the administration, maintenance, and programming of the Springbrook Nature Center. The proposed referendum revenue authorization would be applicable as a permanent levy indexed by the same limits imposed on the general tax levy as set out in Section 7.01 of the City of Fridley City Charter." Councilmember Bolkcom said that at the last meeting, staff was asked to come back with some different options. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 11 Attorney Frederic Knaak, City Attorney, said that there were four options and language suggestions for Council's consideration: (1) Leave the resolution language as is which would levy $275,000 which must be spent on the Nature Center; (2) the "up to" option, which was a more fleYible option that would designate an amount up to the $275,000, but under the operation of the City Charter, whatever the amount was that was designated would then become a fixed amount that would be subject to the limitations and tercns of increases annually on the part of the City Charter, (3) the same as Option No. 2, but included an additional complicating factor which was in order to be able to vary the amount levied from year to year, the City would have to amend the Charter, (4) levy the $275,000 with the understanding that the funds would go into the general fund, but would be utilized for the Springbrook Nature Center. Councilmember Bolkcom asked Attorney Knaak if an election in 2003 would be considered a regular municipal election. Attorney Knaak, said it would. Councilmember Billings asked what happened if the City was able to come up with admission fees or other types of fees. Attorney Knaak, said that issue was raised at the public hearing. The Charter language did not govern fees that were charged for recreational purposes, so those fees could be raised without changing the City Charter. Councilmember Bolkcom asked if the Charter could be amended as a ballot question. Attorney Knaak said there were different ways to amend the Charter. Councilmember Barnette said he felt there was value in postponing the election on Springbrook and the utility issues until 2004. He was in favor of using a limited amount of money during 2003 to keep the Springbrook Nature Center open. Councilmember Bolkcom asked where the funding would come from. Councilmember Barnette said it could come out of reserves. Mayor Lund said that a petition had been signed by many citizens. Councilmember Wolfe said that he did not feel that all of the information that had gotten out about Springbrook Nature Center was correct and some residents had been misinformed. He indicated that he called 123 people who signed the petition and 119 of them thought keeping Springbrook a passive park was a good idea. He stated if there were 3,000 people who supported Springbrook Nature Center, it would cost each of those people $7.65 a month to keep the programming open at Springbrook Nature Center. Mr. Malcolm Mitchell, 1225 Regis Lane N.E., Chair of the Springbrook Nature Center Foundation Board, said they were very interested in getting information out that was as accurate FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 12 as possible. He said the petition was cleaz. He said 3,000 people signed the petition, but that was not all of the households in Fridley. He said they were interested in an election this year. It would save the City money. He said the City should let the voters decide this fall. Councilmember Wolfe said that what was written on the petition was correct, but people were told different things. Mr. Mitchell said the purpose of the petition was to ask the City Council to put the issue on the November ballot. Councilmember Wolfe said that 119 people were told that Springbrook was being shut down completely. They were not told it was going to be a passive park and when they found out, they were fine with it. They thought it was going to be shut down completely. He said Councilmember Barnette mentioned partial funding. If that was the case, the position of every person who was being let go from the City should be funded. Mr. Mitchell said to let the people decide. Mr. Richard Coleman, 188 River Edge Way N.E., said that with respect to changing the resolution language, he could not support putting the referendum money into the general fiznd. He asked what the Parks and Recreation budget was for the upcoming year. If Springbrook was included with that, it would allow some of the funds to be redirected so less money would have to be spent from the general fund towazd other parks and recreation items. It might give the City more flexibility. Dr. William Burns, City Manager, said the 2004 budget for Parks and Recreation was $776,203. Mr. Coleman said if the language was added, it would be for greater flexibility in working with the funds from the levy. Attorney Knaak said the City could add language to include other parks so that the language would read, "the additional revenue would be used to fund administration, maintenance and programming of Springbrook Nature Center and other park and recreation programs in the City." Councilmember Bolkcom asked if the Springbrook supporters would be concerned with the amount of the referendum the City would use for Springbrook and that some of it might be used for other parks. Mr. Coleman said trust would have to exist between the citizens and the City Council. Most people would be concerned if the referendum money went into the general fund that it would get lost in a large pool of money. This would be a compromise, and most of the supporters would be more comfortable if the money was earmarked for parks and recreation and the preservation of Springbrook Nature Center. Councilmember Bolkcom said there was concern about where the money was that the Foundation raised, how much was being spent and how much revenue came from programs. FRIDLEY CITY_COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 13 Ms. Patricia Freeburg, �557 East Danube Road N.E., said her home backed up against Farr Lake Park. Two years ago the walkway subsided two feet in one section and she called to get the walkway fixed. One year later, they put in one foot of blacktop. She said it was still a hole. She said if the City could not maintain that park, the City would not maintain Springbrook as a passive park. Dr. Burns said there was $30,000 budgeted in 2003 in the capital improvements fund to rebuild the path in Fan Lake Park, but the City decided as a budget cutting measure, not to do the . project. He said one of the reasons more wark had not been done at that park, was that it had been identified as a capital improvements project for replacernent. � Mr. Pete Eisenzimmer, 6�35 Oakley Drive N.E., suggested that the City solicit donations from big organizations. Mr. Pete Meyerhoff, 1350 Hillcrest Drive N.E., said that by eliminating the programming and the staff at Springbrook, you would effectively be closing it. He said he supported putting a referendum on the ballot in 2003. Ms. Jeanette Lindquist, 1326 Hillcrest Drive N.E., said it bothered her that people who were not residents of Fridley signed the petition. She thought maybe some other cities should contribute. Councilmember Wolfe said that no other city they had spoken with would contribute toward the Springbrook Nature Center. Councilmember Bolkcom said there were a lot of other communities who used the Nature Center, but there were also a lot of people from other communities who volunteered at the Nature Center. She said she asked some of the people who sent her e-mails if they lived in the City of Fridley, and if not, would they be willing to pay a user fee or parking fee. People who did not live in the community said they were more than willing to pay a user fee and a parking fee. There are also people who use Moore Lake who do not live in the City. People use our softball fields and soccer fields and although they pay a league fee, they use our pazks. She thought the whole idea behind the petition was not only to show the people who were actually eligible to vote, but to show that there was wide-range support from other communities. Mr. Robert Scattarelli, 661 Marigold Terrace N.E., asked how long it would take to recoup the funds taken out of the general fund for Springbrook. Dr. Burns said that the City was already deficit financing and had been for a number of years. Over the last five years including 2004, the City used $5 million. There was no way to make up that money. The State legislature limited the amount of property taxes that could be levied back. The City was allowed to levy back 60% of the lost 20041ocal government aid; however, the City could not levy back the 2003 losses. There was no guaxantee that the City would be able to levy back 2005. The City had very few other revenue tools. Property taxes were pretty much it. Fridley was a fully evolved community, so the City could not gain tax base by an aggressive economic development effort. He said much of the City's economic development was cash-user FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 14 rather than cash-gainer because redevelopment cost much more money than it ever would bring in. Mr. Scattarelli said he supported holding the election in 2004 because it would be more fair to the voters. Councilmember Bolkcom asked what should be done with the Nature Center if it was not put on the ballot this year. Mr. Scattarelli said he would put some of the money back and try to keep it open as best he could in the interim until the election. Mr. Stan Mraz, 6180 Benjamin Street N.E., said he spoke on behalf of the children. He said his son would be visiting the Springbrook Nature Center with his school, and was elated to be taking his first field trip there. He said the Nature Center had education programs for many people. The City needed to keep the Nature Center with whatever measures are necessary. He said the City needed to look to the future on behalf of the children. Mr. Richard Lindquist, 1326 Hillcrest Drive N.E., asked if a study had been done on how many people went to Springbrook during the year and how much would the user fee should be. Mayor Lund said there were about 150,000 visits to Springbrook or 22,000 different people making the 150,000 visits, but it was unknown about user fees. Mr. Don Anderson, 8429 Fridley Terrace, said he worked at the Work Force Center asked why the City was laying off workers at the Nature Center. Mayor Lund said it cost money and they were looking at ways to cut the budget. Councilmember Bolkcom said money was used to maintain the trails. Councilmember Billings said there are a number of options. He said he would like to see the City Council fund Springbrook Nature Center in the amount of $175,000 through the budget process and initiate user fees. If there were 150,000 using the Nature Center, he _believed $75;000 could be raised in user fees. The two amounts combined would be $250,000 and at that level, $30,000 to $40,000 could be raised in other use fees from the current programs. By July and August of next year, the City would have a better picture of what needed to be put on the ballot. He said he did not want to deny the citizens an opportunity to vote, but they should have the opportunity to vote on numbers that had been tried instead of the full $275,000. He said they needed time to look at all of the possibilities and options for Springbrook, including user fees, and possibly occupational-related therapy. Giving it a year and partially funding it and charging user fees was the first step in that direction. Councilmember Barnette asked the City Attorney if there was a problem legally if they passed a resolution to place this matter on the ballot in November of 2004. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 15 Attorney Knaak said there would not be a problem. Councilmember Bolkcom asked if there was a problem with including language that said up to $275,000. Attorney Knaak said there was nothing that required that an amount be set immediately. At some point the County would need to be told what the levy would be. If the assumption was that it would be put on the ballot, the "up to" language would keep it flexible. If the amount was not set, a levy could not be set. He said the "up to" language avoided the issue of $275,000 regardless of whether it was determined that amount was needed. It deferred the decision of what the amount actually was up to the point that it was actually levied. Councilmember Barnette said he was in favor of partial funding and putting it on the ballot in November, 2004. He said if it went to the ballot and did not pass, it would become a passive park. Councilmember Billings said if they were able to raise money through user fees, if they were able to trim expenditures without damaging the programs too much and if they were able to get money from other sources, an amount lower than $275,000 could be put on the ballot. Councilmember Bolkcom asked if a resolution would be passed that said it would be put on the ballot in 2004. Councilmember Billings asked if a resolution was passed for up to $275,000 to go on the ballot at the regular municipal election of 2004, would that language go on the ballot. Councilmember Bolkcom asked if the resolution could be amended next year. Ms. Deb Skogen, City Clerk, said the resolution that was on the agenda was for the 2004 budget levy year. If it was going to be postponed, there was no need to pass the resolution. Councilmember Barnette asked if it could be done in a year. Attorney Knaak said it could if that was the next regular municipal election. If there was a regular municipal election this year and the resolution passed, it would have to be on the ballot. - Councilmember Barnette said he would support delaying the decision for a year if the utility referendums were also delayed for a yeaz. Ms. Skogen said a question had been asked earlier about the falloff from the presidential election of 2000. She said there was a 13.8 percent falloff from the presidential vote to the mayor vote, for councilmember-at-large there was a 19 percent falloff, and for the charter amendment, there was a 10 percent falloff. She said if a resolution was adopted to put the matter on the ballot in 2004, the ta�c levy requirements would be for 2005 and not 2004. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 16 Mr. Mitchell said that the Foundation and the supporters of Springbrook would prefer that a motion be made for an election in 2003. He said it was important for Council to make their intent clear. It was essential that 2003 funding be extended for 2004. He stated they were willing to do their shaze. His recommendation was that they look at a 12% cut off the $300,000 amount. He said they felt it was important to maintain three things. The first was the revenue stream that was Springbrook Nature Center's contribution back to the general fund. The second was the programs that were offered. The third was the staff. Cutting one would affect the others. He suggested the amount of $210,000 rather than $175,000. The Foundation Board would commit to help raise the difference. They felt that if the programs were cut significantly before the voters had a chance to decide, they would in effect be making a decision for the voters. He said with respect to Councilmember Billing's proposal, it would initially be hard to initiate and raise $75,000 in fees in one year. Councilmember Wolfe said if there were 150,000 visitors and they were charged $1.00, it would be more than that amount. Mr. Mitchell said there were costs to administering the fees. Councilmember Bolkcom said there was a budget work session that would be held in October and there was some time before that meeting to work together. Mr. Mitchell agreed but said he disagreed with the determination that $175,000 would maintain the programs. Councilmember Billings said he suggested $175,000 from the general fund and suggested that $75,000 could be raised in user fees based on the numbers that were given to the City Council. The total would be $250,000. Mr. Mitchell asked that they look at the amount of $200,000 plus the $50,000 in revenue that was there and the difference being made up of fees and any other kind of revenue. He said they would work with Council but were getting frustrated with the process. Councilmember Bolkcom said that Springbrook had not been cut from anything over the nine years she had been on the Council. _She said they needed to work together on this matter. Dr. Burns said that when the budget was prepared, they had a very good reason to believe that there was a serious financial problems with the cuts from the state level. There have also been some changes since June when we first looked at the budget. Other cities have indicated that they would have employee cost of living adjustments. Health insurance rates would be 16 to 25 percent more than what we thought they would be. We may not get grant money for breathing apparatus for the firefighters. He said to say they were going to spend money on the Springbrook Nature Center without comparing that with the other priorities was not in the best interests of the City. Councilmember Barnette asked if a resolution was adopted placing it on the November, 2004, ballot, could the figure of "up to" $275,000 be left in the language. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8. 2003 PAGE 17 Mayor Lund asked if a motion could be made to commit to a referendum in 2004 but not include a dollar amount. Councilmember Barnette said a dollar figure would have to be included. Attorney Knaak agreed. Councilmember Billings said the Mayor suggested that we pass a resolution committing that the City Council would put some number on the ballot in 2004. Councilmember Bolkcom asked if that could be done with a time certain included. The present resolution would be tabled and a resolution adopted which indicated support for the 2004 ballot question and that the language would be provided no later than July of 2004. She said there would be an opportunity before the next budget work session to work on a dollaz amount. MOTION by Councilmember Bolkcom to table the Resolution Declaring a Question to be Placed on the Ballot at the NeYt Regular Municipal Election, to Levy a Tax which is in Excess of the Inflationary Index for Tax Levy Requirements for 2004 to the County of Anoka for Collection for the Purpose of Continuing Programming at Springbrook Nature Center. Seconded by Councilmember Wolfe. Attorney Knaak said they could table the resolution for a time certain. He said it would put this specific item on the agenda in July. Mr. Mitchell asked what it did for the ability of the Springbrook Foundation to raise money from other sources when there was no figure to use as a base. Councilmember Bolkcom said they would after they have had a chance to meet. Councilmember Wolfe asked if the goal would be to raise as much as possible every year. Mr. Mitchell said that what Council seemed to be saying was that whatever money they raised as a Foundation would get put back into the operating budget of Springbrook Nature Center. The purpose and mission of the foundation was to help with that. Councilmember Billings said that in his proposal he said $175,000 from the general fund and $75,000 from admission fees. He did not want the Nature Center to depend on contributions from outside sources or the ability of the Springbrook Foundation to raise funds in order to be able to keep the operation going. He said he was talking about finding ways of financing the operations, the maintenance, etc., from tax dollars and from admission or user fees. He said he did not think this was a departure from what people were used to. Other parks chazged fees. MOTION by Councilmember Bolkcom to table the Resolution Declaring a Question to be Placed on the Ballot at the Next Regular Municipal Election, to Levy a Tax Which is in Excess of the Inflationary Index for Tax Levy Requirements for 2004 to the County of Anoka for Collection for the Purpose of Continuing Programming at Springbrook Nature Center until the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 18 first meeting in July, 2004, and direct staff to make the necessary updates in the language. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings: Be it resolved that the City Council for the City of Fridley, Minnesota, intends to - place an item on the November, 2004, ballot regarding funding for Springbrook Nature Center. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. RESOLUTION NO. 2003-44 CERTIFYING PROPOSED TAX LEVY REQUIREMENTS FOR 2004 TO THE COUNTY OF ANOKA (TABLED AUGUST 25, 2003). MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. MOTION by Councilmember Billings to adopt Resolution No. 2003-44 and amend it by striking the line "General Fund (Additional Levy for Springbrook Nature Center) $275,000" and change "Total All Funds" to $6,483,�45. Seconded by Councilmember Ann Bolkcom. Councilmember Bolkcom asked if that was the ma�cimum amount that could be levied. Dr. William Burns, City Manager, said it was. _. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. RESOLUTION NO. 2003-45 ADOPTING THE PROPOSED BUDGET. FOR THE FISCAL YEAR 2004 (TABLED AUGUST 25, 2003). MOTION by Councilmember Billings to remove this item from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED 'I'�€E MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 19 MOTION by Councilmember Billings to adopt Resolution No. 2003-45. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL V4TING AYE, NIAYOR LUND DECLARED THE NTOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 15. RESOLUTION DESIGNATING POLLING PLACES FOR THE REGULAR MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2003. MOTION by Councilmember Billings to deny the Resolution Designating Polling Places for the Regular Municipal Election to be Held November 4, 2003. Seconded by Councilmember Ann Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAl�TIMOUSLY. 16. RESOLUTION DECLARING A QUESTION TO BE PLACED ON THE BALLOT AT THE NEXT REGULAR MUNICIPAL ELECTION TO INCREASE SANITARY SEWER RATES IN EXCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER. MOTION by Councilmember Barnette to deny the Resolution Declaring a Question to be Placed on the Ballot at the Next Regular Municipal Election to Increase Sanitary Sewer Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley City Charter. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAIVIMOUSLY. 17. RESOLUTION DECLARING A QUESTION TO BE PLACED ON THE BALLOT - AT THE NEXT REGULAR MiJNICIPAL ELECTION TO INCREASE STORM WATER RATES IN EXCESS OF THE INFLATIONARY �NDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER. MOTION by Councilmember Billings to deny the Resolution Declaring a Question to be Placed on the Ballot at the Next Regular Municipal Election to Increase Storm Water Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley City Charter. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 20 18. RESOLUTION DECLARING A QUESTION TO BE PLACED ON THE BALLOT AT THE NEXT REGULAR NIUNICIPAL ELECTION TO INCREASE WATER RATES IN E�CESS OF THE I�iFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER. MOTION by Councilmember Rick Wolfe to deny the Resolution Declaring a Question to be Placed on the Ballot at the Next Regular Municipal Election to Increase Water Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley City Charter. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RESOLUTION NO. 2003-46 CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA, ADOPTING A 2003 TAX LEVY COLLECTIBLE IN 2004. Mr. Scott Hickok, Community Development Director, said that at the last HRA meeting, one of the HRA members, Mr. John Meyer, asked a question about not having the levy for the HRA to rnake room for funds that could possibly go to the Springbrook Nature Center. He asked Council to keep the issues distinct and to allow the HRA to continue their work with the levy. MOTION by Councilmember Barnette to adopt Resolution No. 2003-46. Seconded by Councilmember Bolkcom. Mayor Lund asked how the HRA was going to continue to pay the City back on the loan. Mr. John Meyer, 7868 Alden Way, N.E., member of the Fridley HRA. This issue was discussed at the last HRA meeting. He said it had occurred to him that a way to alleviate some of the budget problems might be to hold in abeyance the HRA levy for this year and some future times as well, in order take some of the pressure off the City Council and to help the Springbrook Nature Center. He said the levy for the HRA was about the same as the amount for the Nature Center levy. He said this matter did not come to a.vote before the HRA. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 18A. MOTION FOR CITY STAFF TO WORK WITH THE SPRINGBROOK NATURE CENTER FOUNDATION, THE FRIENDS OF SPRINGBROOK AND THE CITY COUNCIL TO DEVELOP A DOLLAR AMOUNT FOR FUNDING FOR THE YEAR 2004 AND TO HAVE A REPORT AVAILABLE BY THE OCTOBER 20, 2003, BUDGET WORK SESSION AND FOR CITY STAFF TO LEND THEIR EXPERTISE IN HELPING TO LOOK AT ALTERNATE REVENUE SOURCES, NOT ONLY TO INCLUDE USER FEES, BUT OTHER SOURCES OF REVENUE. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 21 MOTION by Councilmember Bolkcom for City staff work with the Springbrook Nature Center Foundation, the Friends of Springbrook and the Fridley City Council, to develop a dollar amount for funding for the year 2004 and to have a report available by the October 20, 2003, budget work session and that City staff lend their eYpertise in helping to look at alternate revenue sources, not only to include user fees, but other sources of revenue. Seconded by Councilmember Wolfe. Mr. Mitchell said he did not want to have to discuss everything over again. Councilmember Wolfe said he thought Councilmember Bolkcom's proposal was a good idea. Mr. Mitchell said he felt the issue was being put off. Mayor Lund said they needed time to work the differences out. Dr. Burns said he was concerned with working things out one at a time. He said if they worked this out and get committed to this issue and went to the budget work session on October 20, they would be facing Values First, employee cost of living adjustments, and health insurance increases. He thought it would become harder and harder to balance the interests. Councilmember Billings said he thought any one of them could come out of reserves. It was just a matter of how much would be taken out. Dr. Burns said that should be reviewed at the same time. Mayor Lund said they need to discuss all the factors at the budget work session on October 20, not just Springbrook. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORMAL STATUS REPORTS. Mayor Lund reminded the audience of the 9-11 event that would be held on Tt�ursday at 8:00 p.m. at the Fridley High School football field. Mayor Lund said that Banfill-Locke would be holding their Art in the Park festival on Sunday from 12:00 p.m. to 6:00 p.m. Dr. William Burns, City Manager, saicl that after the Council meeting staff would like to discuss the Program Supervisor vacancy in the Recreation Department. ADJOURNMENT. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 2003 PAGE 22 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 8, 2003, ADJOURNED AT 11:20 P.M. Respectfully submitted, Roberta S. Collins Scott J. Lund ' Secretary Mayor 0 0 / � qTY OF FRIDLEY Date To: AGENDA ITEM C1TY COUNCIL MEETING OF OCTOBER 13, 2003 October 7, 2003 William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Final Plat Request, PS #03-02, Jeffrey Cruz, Meadowview Homes M-03-149 INTRODUCTION On March 5, 2003, the Planning Commission considered plat request PS #03-02, by Ted Theilmann. Ted Theilmann plans to replat the property located at 1540 Rice Creek Road to create 8 single family lots. City Staff and the Planning Commission recommend approval of plat request, PS #03-02, with 13 stipulations. At the March 24, 2003, City Council meeting, the preliminary plat was approved, with 13 stipulations. Since the approval of the preliminary plat, the property has been sold to Jeffrey Cruz, owner of Meadowview Homes. Therefore, Jeffrey Cruz is requesting final plat approval to create 8 single-family lots at 1540 Rice Creek Road. RECOMMENDATION City Staff and the Planning Commission recommend approval of PS #03-03. STIPULATIONS 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting of final plat. 3. Regular maintenance of the site to be done by the Developer until the homes are built. C! 5. C� Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. During construction, silt fencing shall be used where applicable. 1 7. The petitioner shall provide easements as required by Section 211.07.21 of the City Code. 8. The petitioner to pay $1, 500 per lot park fees prior to issuance of building permits. 9. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's engineering department. 10. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 11.The petitioner shall wor{c with existing contours of the land and preserve existing slopes to the extent possible. 12.A Development Agreement outlining the Developers obligation to install utilities, etc. will be prepared by the City and shall be signed by the Petitioner, prior to final plat approvaL 13.The petitioner shall hold a meeting with the neighborhood to go over the grading and drainage plans prior to issuance of building permit. 2 RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #03-02, THEILMANN ESTATES, BY JEFFREY CRUZ, MEADOWVIEW HOMES, FOR THE PURPOSE OF CREATING 8 SINGLE FAMILY LOTS, GENERALLY LOCATED AT 1540 RICE CREEK ROAD WHEREAS, the Planning Commission held a public hearing on March 5, 2003, and recommended approval of said plat; and � WHEREAS, the City Council approved the preliminary plat for THEILMANN _ ESTATES at their March 24, 2003, meeting, with stipulations attached as Exhibit A; and � WHEREAS, a copy of the plat THEILMANN ESTATES has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for THEILMANN ESTATES and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13� DAY OF OCTOBER 2003. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK '. _ . 3 � t GTf OF FRIDLEY DATE: TO: AGENDA ITEM CITY COUNCIL MEETiNG OF OCTOBE��"2�, 2003 October 22, 2003 William W. Burns, City Manager I�� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Development Agreement for Theilmann Estates M-03-154 INTRODUCTION On March 5, 2003, the Planning Commission considered piat request PS #03-02, by Ted Theilmann. Ted Theilmann plans to replat the property located at 1540 Rice Creek Road to create 8 single family lots. City Staff and the Planning Commission recommend approval of plat request, PS #03-02, with 13 stipulations. At the March 24, 2003, City Council meeting, the preliminary plat was approved, with 13 stipulations. Since the approval of the preliminary plat, the property has been sold to Jeffrey Cruz, owner of Meadowview Homes. Therefore, Jeffrey Cruz is requesting final plat approval to create 8 single-family lots at 1540 Rice Creek Road. To be consistent in the plat process, staff has prepared a development agreement for the Theilmann Estates. That development agreement has been attached for your review and approvaL RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. 5 DEVELOPMENT AGREEMENT THIS AGREEMENT, made this day of , 2003, between the Cifij of Fridley, acting through its Mayor and City Manager (hereinafter cailed the "City"), and Theodore Theiimann, property owner of record, an� Jeffrey Cruz, developer, (hereinafter collectively called the "Develope�'). WHEREAS, The Developer have made application to the City Councii for the approval of a plat of land within the corporate limits of the City described as follows: The North %2 of the West 132.47 feet, front and rear, thereof of the East %z of the South Yz of the West'/� of the East %z of the Southeast Y. of Section 13, Township 30, Range 24, Anoka County, Minnesota. (Also described as the No�th %z of the West 132.47 feet, front and rear thereof of Lot 9, Auditor's Subdivision No. 22). Except that part lying Southerly of a line drawn 50 feet Northerly of and parallel with the Southerly line of Briardale Road NE as platted in Rice Creek Estates. And Outlots A and B, Rice Creek Estates, Anoka County, Minnesota (the "Subdivision"); and to be described as Theilmann Estates WHEREAS, the City Council, by resolution # , adopted , 2003, granted Developer's plat request for a portion of the property to allow it to construct eight single family homes on the subdivision on the condition that the subdivision is developed according to the site plan, dated , 2003, and in accordance with stipulations of approval incorporated herein by reference (See attached ExhibitC). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 0 DESIGNATION OF IMPROVEMENTS. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Deveivper Improvements". Improvements to be installed by the City and financed through assessment procedures are hereinafter referred to as "Public Improvanents". 2. DEVELOPER'S ItiiPROVEMENTS. The Developer wili construct and install at Developer's expense the foilowing improvements according to the following terms and conditions: A. The Developer shall retain a licensed professional engineer to design and submit plans for approval by the City Engineer of all public and private site, street, and utility improvements. The Developer shall be responsible for all costs to design, construct, inspect, and administer the improvement contract and be required to escrow funds as surety as listed in Exhibit B. Public Improvements including street construction, watermain and services, sanitary sewer main and services, and storm sewer shall be on a separate set of plans from the private improvements to allow the City to bid and construct the public improvements as a City project. All plans and original survey information shall be provided to the City in an AutoCADD compatible electronic foRnat. B. The Developer shall do all site grading (unless othervvise determined and approved by City Engineer), common greenway and open spaces, storm water storage ponds and surface drainage ways inctuding sodding of boulevards, all in accordance with the approved grading, drainage and erosion control plan. A grading plan with maximum two-foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. The Developer shall be required to provide finished (sodded) elevation stakes and hubs for all drainage areas and any other a�eas as required by the City Engineer. The location of the sod elevation staking and hubs are to be located at lot corners and spaced every 20 feet. These locations must be submitted and approved on the development plan and installed at the site prior to issuance of any building permits. C. The Developer shall control soil erosion insuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2 7 2. Erosion and siltation controi measures shail be coo�dinated with the different stages of development. Appropriate ccntroi measures as required by the City shail be instailed prior to devebpment when necessary to controi erosion. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area and also seeded, mulched, and disk anchored. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. D. Upon issuance of a building permit for a lot, the Developer is responsible to notify the builders and individual owners within the development that they assume and are responsible for erosion control, including sodding of boulevards, seeding or sodding of the front and side yards of all lots, Vee protection and protection of water and sewer services. Such notification shall not relieve the Devefoper of the responsibility for such items as required under this contract. Any violation will be cause for red tagging fie site by the City Building Official, or designee, and all inspections will cease until coRected. E. The Developer shall place iron monuments at all lot and block comers and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future properry owners. F. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading}. G. The Developer shall remove and/or treat all dead or diseased trees (as determined by the CityForester) before building permits will be issued. Burying or buming of trees or construction debris is not permitted on the site. Trees, tree stumps, or construction debris shall be removed from the plat. The Developer shall mow all tall grass and weeds on vacant lots and boulevard areas periodically throughout the season or as required by the City. Performance shall be guaranteed by the financial guarantee recited herein. H. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until all lots wihin the Subdivision have homes constructed upon them. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes E�� impassibie, such streets shall be barricaded and cfosed. in the event residences are occupied prior to completing streets, the Developer shall maintain a smooth driving surface and adequate drainage on ali temporary streets. Performance shall be guaranteed by the financial guarartee recited herein. I. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm •sewer cleaning and holding pond dredging, as required by the City, prior to completion of the development. The Developer grants the City the right to enter upon the property to perform all functions required under this contract and City ordinances. Performance shall be guaranteed by the financial guarantee recited herein. J. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site gradng or construction and prior to the City awarding construction contracts for public utilities. K. The Developer shall make provisions that all gas, telephone, cable television (if available) and electric utilities shall be installed to serve the development. L. On a comer lot, the front entrance shall face a designated front yard as determined by the City and the assigned address. M. The Developer shall construct a group of mailboxes of a uniform design that is clustered at specific locations approved by the City and coordinated with the United States Post Office. N. Estimated cost of Developer's improvements, description and completion dates are aslisted in the Attached Exhibit � Furthermore, Developer shall be responsble for all of the development costs and fees outlined in the Stipulations listed in Exhibit q attached hereto and made a pa�t hereof. O. Construction of Developer's Improvements: 1. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. All plans required under this development contract shall be submitted in electronic format. 2. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other govemmental agency having jurisdiction. 4 0 3. Easements. The Developer shail dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's improvements as determined by the City. All such easements required by the City shaii be in writing, in recordable form, containing such terms and conditions as the City shall determine. 4. Faithful Perfor►nance of Construction Contracts The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the install�ion and construction of all Developer's Improvements and hereby guarantees the wor{cmanship and materials for a period of one year following the City's written final acceptance of the Developer's Improvements. ConcuRently with the execution hereof by the Developer, the Developer will fumish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or IRevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developers Improvemerts and Public Improvement Contract Administration as indicated in Exhibit B The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Fridley and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all requi�ed improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The IRevocable Letter of Credit shall be automatically renewed or replaced by not later than thirty (30) days prior to its expiration with a like Letter of Credit. 5. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment of the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer. P. The Developer shall provide a licensed professional engineer or their duly authorized representative to oversee at the Develope�'s expense the Developer's improvements until such improvements are completed and accepted by the City. Q. Upon written final acceptance of the Develope�'s improvements by the City Engineer, a one year maintenance bond shall be provided by the Developer for any areas not covered by the Minnesota Pollution Control Agency (NPDES) erosion control permit. The warranty will include but not be limited to the cost of turf restoration and erosion control. 10 3. CITY INSTALLED iMPROVEN1ENTS In accordance with the policies and ordinances of the City, the following described improvements (hereinafter coitectively called the "Public Improvements"), as referenced in the pians and specifications adopted by the City Council shall be constructed and installed by the City to serve the Subdivision on the terms and conditions herein set forth: A. Street grading, graveling and stabilizing, including construction of berms � and boulevards (hereinafter called "Street Improvements"); B. Storm sewers, when determined to be necessary by the City Enginea, including all necessary mains, catch basins, inlets and other appurtenances (hereinafte� called "Storm Sewer Improvements"); C. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances (hereinafter called "Sanitary Sewe� Improvements"); D. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances (hereinafter called "Watermain Improvements"); E. Permanent street surfacing, sidewalks/trals (when required) including concrete curb and gutter (hereinafter called "Permanent Street Improvements"). F. Standard street name signs at all newly opened intersections (hereinafter called "Traffic Signing Improvements") G. 1. Construction Procedures. All such imp�ovements set out in Paragraph 3.A F above shall be instituted, constructed and financed as follows: The City shall commence proceedings pursuant to Minnesota Statute 429 providing that such improvements be made and assessed - against the benefited properties. After preparation of preliminary plans and estimates by the City Engineer, an improvement hearing, if required by law, will be called by the City Council for the purpose of ordering such improvements. After preparation of the final plans and specifications by the City Engineer, bids will be taken by the City and contract awarc�d for the installation of improvements under the City's complete supervision. 2. Securitv Lew of Special Assessments and Required Pavment Therefore. Prior to the approval of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow or letter of credit in an amount equal to one hundred five percent (105%) of the total estimated cost of said improvements as approved by the City Engineer and indicated in Exhibit B. 6 11 Said cash escrow, including accrued interest therecn, or letter of credit, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. That such cash escrow or letter of credit shall remain in fiull force and effect throughout the term of the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the request of the Developer, at the City's option, but in no event shail be less than the total of the outstanding special assessments against all properties within the Subdivision. The entire cost of the installation of such improvements, including any reasonable engineering, legal and administrative costs incurred by the City, shall be assessed against the benefited properties within the Subdivision in eight (8) equal annual installments with interest on the unpaid installments at a rate not to exceed the maximum allowed by law. All special assessments levied hereto shall be payable to the City in semi-annual installments commencing on April 15 of the year afte� the levy of such assessment and on each September 15 and April 15 thereafter until the entire balance plus accrued interest is paid in full unless paid earlier pursuant to Paragraph 3.G.3 herein. In the event any payment is not made on the dates set out herein, the City may exercise its rights pursuant to Paragraph 3.G.4 hereof. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. In the event the total of all Ciiy Installed Improvements is less than originally approved by the City Engineer in his feasibility report, Developer waives all rights they have by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of amounts, orthe procedure used by the City in levying the assessments and hereby releases the City, its officers, agents, and employees from any and all liabiliry related to or arising out of the levy of the assessments. 3. Required Pavments of Special Assessments bv Developer. Developer, its heirs, successors or assigns hereby agrees that within thirty (30) days after the issuance of a certificate of occupancy for a residence on a lot located within the Subdivision which is. assessed for the cost of such improvements, the Developer, its heirs, successors or assigns, agrees, at its own cost and expense, to pay the entire unpaid improvement costs assessed or to be assessed under this agreement against such property. If a certificate of occupancy is issued before fie special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to the Engineer's estimate of the special assessments for such improvements that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said ce�tificate, the Developer shall be liable to the Ciry for any deficiency and the City shall pay the Developer any surplus arisirg from the payment based upon such estimate. � 4. Acceleration Upon Default In the event the Developer violates any of the covenants, conditions or agreements herein contained to be per*ormed by the Developer, violates any ordinance, rufe or regulation of the City, County of Anoka,-State of Minnesota or other governmental entity having jurisdiction over the plat, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the � Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due arii payable in full, _ with interest. The City may seek recovery of such special assessments due and payable from the security provided in Paragraph 3.G.2 hereof. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to M.S. 429.061, Subd. 3 for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attomey's fees, and Developer shall be liable for such special assessments and, if more than one, such liabiliry shall be joint and several. Also, if Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this ag�eement the City, at its option, may refuse to issue building permits to any of the property within the plat on which the assessments have not besn paid. 4. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in second paragraph of Section 3.G.3 on page 8. 5. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited, to the actual costs of construction s 13 of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acGuisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. 6. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. Where a platted street intersects an existing publicfy maintained road, the City Building Official will only issue building permits on lots that are within 150 feet of a hard surFaced roadway. In the event lots are more than 150 feet from a hard surfaced roadwax the Develope� shall construct a service road to provide access to these lots as required by the City. The Developer shall submit a plan to the City for approval identifying the location of the proposed access roads and the lots being requested for build'ng permits. Building permits can be requested for the remaining lots within the development after the first lift of the asphalt has been installed on the street. The City shall require that a°Hold Harmless Agreement° be provided by the developer if the drainage improvements serving the development (i.e. ponds, outlet structures, and overflow pipes) are not completed prior to a building permit being issued. No certificate of occupancy will be issued on any lot that abuts a pond unless the pond infrastrudure is completed according to the City approved plan. No Certificate of Occupancy permit shall be issued for any house in the plat until the following have been completed: A. A letter from the Developer's engineer certifying the plat has been graded according to the grading, drainage and erosion control plan as approved by the City. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued. 9 14 B. Removal/treatment of ail dead, dying or diseased trees, as determined by the City Forester, from the properry at the owner's expense or escrow for any remaining trees that will need to be removed. Stockpiling the dead trees on the Ict for resident's removal for firewood will be acceptable only after the lot has been graded to plan. C. The first tift of street asphalt surface, sanitary sewer, storm sewer and water main, has been constructed, considered operational, and approved by the City � Engineer. The Developer will notify the City a minim�,m of two (2) weeks prior to any Certificate of Occupancy permit being issued. D. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued to allow adequate time for an inspection to be completed of all the required improvements. The Developer further agrees that they will not cause to be occupied, any p�emises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television (if a�railable), streets to asphalt surface, sanitary sewer, storm sewer and water main, unless the City has agreed in writing to waive this requirement as to a spec�c premises. Seeding and sodding of the lot shall be completed as specified by City Code. In the event a lot has not had the required 4 inches of black/organic dirt spread and been seeded or sodded prior to issuance of a Certificate of Occupancy, the builder shall post a$2,500 cash escrow to assure that the lot will have bfack dirt and a lawn established within six months. Escrowing prior to issuance of the Certificate of Occupancy shall also be required for incomplete items. The City Building Official will issue a stop work order for violation of silt fencing, erosion control and tree protection. r �� 10 7. CLEANUP. Developer shail promptly clean dirt and debris from streets daily and surrounding properties that have resuited from construction by the Devel�er, its agents or assigns. Performance shall be guaranteed by the financial guarantee recited herein. The City reserves the right to perform such work as necessary and assess ail cost to the developer. The Developer shall be responsible for rubbish blavn off the building site. 8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further noti� or action. 9. INSURANCE. Developer and/or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for properry damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each - occurrence; limits for property damage shall be not less than Three Hundred Thousand and no/100 ($300,000.00) Dollars for each occurrence; or a combinafon single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the 11 � _ � canceilation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 10. REINiBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable enginee�ing and attomeys' fees. 11. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 12. GENERAL. A. Bindinq Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices. Whenever in this agreement it shall be required or permitted that notice o� demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (retum receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. r C. Final Plat Approved. The City agrees to give final approval to the plat ofthe Subdivision upon execution and delivery of this agreement and of all , required petitions, bond and security. D. Incorporation bv Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. E. Assiqnment and Third Partv Benefits. This development contract cannot be assigned or transferred without the written consent of the City. There is no 12 17 intent to benefit any third parties and third parties shall have no recourse against the City under this contract. F. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the Counry Recorder deems the development contract ur}recordable, the Developer shall cooperate with the City in the execution or amendment of any revised development contract. 13. REMEDIES FOR VIOLATIONS OF CONTRACT. In the event the Developer, builder, or any subcontractor violates any of the covenants and agreements contained in this Development Contract and that may be performed by the Developer, builder, or subcontractor, the City, at its option, in addition to the rights and remedies as set out hereunder, may refuse to issue building permits to any property within the plat until such time as such default has been inspected and corrected to the satisfaction of the City. Furthermore, in the event of default by the Developer as to any of the work perfoRned by it hereunder, the City may at its option, perfoRn the woric of the Developer and the Developer shall promptly reimburse the City for any expense incurred by the City within thirty (30) days. Failure to do so shall result in the City withholding the letter of credit. If the plat is a phase of a multi-phase preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. SIGNED AND EXECUTED by the parties hereto on this day of , 2003 DEVELOPER CITY OF FRIDLEY � 1, ` Owne . By: Theodore Theilmann Scott J. Lund, Mayor v � Developer. Jeffrey Cruz ATTEST: Debra A. Skogen, City Clerk 13 18 EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. The petitioner shall obtain ail necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting of final plat. 3. Regular maintenance of the site to be done by the Developer until the homes are built. 4. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the su�rounding properties. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. During construction, silt fencing shall be used where applicable. 7. The petitioner shall provide easements as required by Section 211.07.21 of the City Code. 8. The petitioner to pay $1, 500 per lot park fees prior to issuance of building permits. 9. The petitioner shall be responsible fo� the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's engineering department. 10. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 11. The petitioner shall work with existing contours of the land and preserve existing slopes to the extent possible. 12. A Development Agreement outlining the Developers obligation to install utilities, etc. will be prepared by the City and shall be signed by the Petitioner, prior to final - plat approval. 13. The petitioner shall hold a meeting with the neighborhood to go over the grading and drainage plans prior to issuance of building permit. 14 19 EXHIBIT B- DESCRlPTION, ESTiMATED COST, AND PROPOSED COMPLETiON DATES OF DEVELOPER'S AND PUBLIC IMPROVEMENTS I. Developer's Improvements Estimated Cost Completion 1. Site grading, certification letter, as-buiits $ / / 2. Lot Stakes � / / 3. Diseased Tree Removal $ / / 4. Erosion control, sweeping, tree protection $ on-going 5. Installation of sod on boulevards � on-going I. Total Estimated Cost for Developer's Improvements $ II. Public Imqrovements Contract Admin. Estimated Cost Completion 1. Design of Public Imp�ovements $ / / 2. Construction staking and survey $ on-going 3. Street and Utility As-Builts $ / / II. Total Estimated Cost for C.A. of Public Improvements $ Developers Improvements and Contract Administration Total (I +II) $ - Estimated Legal, Inspection, and Administrative Cost (15°/a) $ . Security Requirement (150%) $ 15 2� III Public Improvements Construction Costs Estimated Cost Completion 1. Site Grading � �_�_ 2. F& I Water Main and Services $ �_�_ 3. F& I Sanitary Sewer Main and Services $ � �_ 4. Street Grading, Concrete Curb and Surface $ � �_ III. Total Estimated Construction _ Cost of Public Improvements � � Construction Secu�ity Required (105%) $ 16 21 EXHIBIT C- PLAT APPROVED BY COUNCIL 17 22 / � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 27, 2003 Date: October 21, 2003 ' iam Burns Cit Mana er l�� To: Will , Y 9 � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Master Plan Amendment, MP #03-01, Columbia Park Medical Group M-03-152 ANALYSIS Mohagen/Hansen Architectural Group, on behalf of Columbia Park Medical Group, is requesting an amendment to its master plan to allow for future parking and building expansions. In 1982, the subject property, the City Hall property and the property north of City Hall were rezoned to S-2, Redevelopment district. As a result of that rezoning, the two-story medical clinic was constructed and exists as it is today. Please see attached drawing of the existing conditions. The petitioner is proposing to re-design the parking lot in order to construct additional on site parking for the existing building and the building expansion. The current parking configuration involves land owned by both the Columbia Park Medical Group and the City of Fridley. The petitioner is proposing to reduce the parking stall width from 10 feet to 9 feet, which will allow the construction of an additional 32 parking stalls. Re- designing the parking lot will not only provide additional parking oppo�tunities but will also reduce the access points on Formies Avenue from three to two. The petitioner is also proposing to construct a two-story, 3,071 square foot addition to the northwest side of the building to be used for a pharmacy, CT scan room, associated support space and other clinic support services. They are also proposing to construct a two-story, 7,450 square foot addition to the east side of the building. This addition which will be used for: exam rooms, dictation space, lab area, and other clinic support services. Please see the attached drawing showing the re-design of the parking lot and the location of the proposed additions. 23 The Housing and Redevelopment Authority (HRA) had the opportunity to review this conceptuai plan at its October 2, 2003, meeting. The HRA doesn't have the authority to approve or deny this request, but staff wanted to get its input, as this project is within a redevelopment district. Overall, the HRA was supportive of this master plan amendment; however, the members did express concern about reducing the parking stall width from 10 feet to 9 feet. They would encourage the developer to consider reducing the stall width to 9 feet primarily for the employee parking areas. City staff has conveyed this HRA concern to a Columbia Park representative. PLANNING COMMtSSION RECOMMENDATION At the October 15, 2003, Planning Commission meeting, a public hearing was held for MP #03-01. After a brief discussion, the Planning Commission recommended approval of this master plan amendment request, MP #03-01, with the three stipulations as presented and an additional stipulation, to read, "Parking stalls to be reduced to 9 foot width in the employee parking areas only". THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner to provide landscape plan for the complex prior to issuance of a building permit. 2. Petitioner shall obtain all necessary building permits prior to construction. 3. The proposed additions shall be architecturally compatible with the existing building and finished with complementary building materials. 4. Parking stalls to be reduced to 9 feet width in employee parking areas only. 24 � t C1TY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEET�tNG OF OCTOBER 27, 2003 October 23, 2003 William Burns, City Manager � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Amendment to the Sign Plan for the East Moore Lake Shopping Plaza M-03-155 ANALYSIS Quality Growth LTD, the owners of the East Moore Lake Shopping Plaza located at 1250 E. Moore Lake Drive requested an amendment to their sign plan at your August 25, 2003 City Council meeting. They are now requesting an additional amendment to that plan. The previous amendment allowed the total vertical dimension of wall signage to be increased from 24 inches to 32 inches. The proposed amendment requires tenants to stay within the 32-inch requirement, however it allows tenants to increase their wall signage to 60 inches for tenants whose space includes a gable feature (peak area) above their sign band. The building letters are restricted to red in color, however the logos may vary in color but are subject to the Landlord's approval. The proposed sign plan amendment meets all the City's criteria and is viewed as a modification to the plan that is within the owner's discretion. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed amendment to the comprehensive sign plan for the East Moore Lake Shopping Plaza, which is located at 1250 E. Moore Lake Drive. 25 ■ � CiT1f OF FRIDLEY AGENDA ITEM C ITY COUNClL MEETING OF OCTOBER 27, 2�03 � �� • TO: William W. Burns, City Manager � PROM: Jon H. tiaukaas, Public Works Director DATE: October 23, 2003 SUBJECT: 2004 Street Improvement Project PW03-090 The attached resolution is to iniriate the design and plan prepludes L f�de Drive� Regis Terrace d Neighborhood Improvement ProJect No. ST. 2004 1, which in Yn Regis Trail. In addition, we propose to reconstruct the University Avenue East Service Drive from 61S` Avenue to Mississippi Street. The resolurion orders the preparaaon of preliminary plans, specificaaons and estimate for the im rovements as a result of the neighborhood meetings an on �et Ccurb and gutter�, asreconstructed P upgrade of the bituminous curb streets within the area to c street base and surface and repairs of the e e D g would reta'ln its xist g concrete curb and gutter required. The Universiry Avenue East Servic with minor repairs and have storm sewer improvements plus the entire pavement and base sections reconstructed to accommodate the heavier vehicle traffic Recommend the City Council adopt the attached resolution so th STh�004 i and design work can initiated for the North Park Neighborhood Improvement Pro�ect No. Jxx:�Z Attachment 26 RESOLUTZON NO. - 2003 A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: NORTH PARK NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2004 - 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: l. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: � Street improvements, including grading, stabilized aggregate base, hot-mix bituminous pavement, concrete curb and gutter, repairs to the water and sanitary sewer mains and services, storm sewer system repairs and/or extension, landscaping, and other facilities located as follows: Lynde Drive Polk St to Regis Dr Regis Terrace Regis Drive to Regis Trail Regis Trail Regis Lane north through cul-de-sac In addition, the following streets outside this neighborhood shall be constructed: University Avenue East Service Dr: 61St Avenue to Mississippi Street That the work involved in said improvements listed above shall hereafter be designated as: NORTH PARR NEIGIi80RHOOD STREET IMPROVEMENT PROJECT NO. ST. 2004 - 1. 2. That the Public Works Director, Jon H. Haukaas, City Hall, Fridley, MN, is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and -whether they can best be made as proposed, or in connection with some other improvements (and the ` estimated cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27th DAY OF OCTOBER 2003. ATTESTED: DEBRA A. SKOGEN - CITY CLERK 27 SCOTT J. LUND - MAYOR / � GTY OF FRIDLEY TO: AGENDA ITEM COUNCIL MEETING OF OCTOBER 27, 2003 ^ � .1�' WILLIAlV1 W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR ALAN D. FOLIE, ASSISTANT FINANCE DIRECTOR JUDY M. MELHAM, UTILITY BILLING CLERK SUBJECT: DATE: CERTIFICATION OF DELINQUENT UTILITY SERVICES October 23, 2003 Attached is a resolution for the purpose of certifying delinquent utility accounts to the County for collection with the taxes in the year 2004. All property owners have been notified that the utility bills are being certified to the County and have been given adequate opportunity to pay the bill. The penalty shown on this resolution is in addition to the regular penalties that accrue on the utility bills. The number and dollar value of accounts varies each year. We cannot be sure of the final count or dollar value until mid-November since property owners have 30 days after the adoption of the resolution to pay without penalty. RDP/me Attachment • 0 RESOLUTION NO. 20032 A RESOLUTION CERTIFYING CERTAIN DELPIQUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 2004 TAXES WHEREAS, certain utility services for the City of Fridley are delinquent in payment, and WHEREAS, Chapter 402, Water and Sewer Administration, Chapter 113, Solid Waste Disposal and Recycling Collection, Chapter 216, Storm Water Drainage Utility, and Section 1.02 of the City Charter provides for the certifying of delinquent charges to the County Auditor for collection with the taxes, and NOW, THEREFORE BE IT RESOLVED, that the City Clerk is hereby authorized and directed to certify the following charges to the County Auditor for collection with the 2003 taxes due and payable in the year 2004, to wit: All these noted in Exhibit "A" attached hereto and made a part hereof by reference. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27`h DAY OF OCTOBER, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 29 2003 DELINQUENT UTILITY CERTIFICATION LIST - EXHIBIT A CITY OF FRIDLEY DELINQUENT UTILITY SERVICES - 2003 PIN ACCT # LOCATION # ADDRESS BALANCE PENALTY ACTIVE ACCOUNTS: 26 30 24 32 0062 23 30 24 23 0104 23 30 24 22 0056 14 30 24 23 0046 26 30 24 32 0081 26 30 24 32 0079 23 30 24 23 0072 26 30 24 32 0099 26 30 24 32 0094 26 30 24 22 0014 23 30 24 23 0133 23 30 24 34 0031 23 30 24 31 0055 23 30 24 31 0055 23 30 24 31 0055 23 30 24 31 0052 23 30 24 21 0130 23 30 24 21 0103 11 30 24 21 0019 11 30 24 21 0020 11 30 24 21 0026 23 30 24 34 0016 23 30 24 21 0040 14 30 24 34 0071 14 30 24 34 0082 14 30 24 34 0016 23 30 24 24 0059 23 30 24 21 0082 14 30 24 34 0066 23 30 24 31 0092 26 30 24 22 0046 23 30 24 43 0056 13 30 24 44 0049 15 30 24 43 0093 15 30 24 43 0042 15 30 24 44 0010 15 30 24 44 0012 15 30 24 43 0020 15 _30 24 43 0023 14 30 24 31 0027 14 30 24 31 0024 13 30 24 34 0011 15 30 24 41 0036 13 30 24 42 0047 15 30 24 42 0099 14 30 24 24 0021 14 30 24 24 0017 13 30 24 14 0042 13 30 24 14 0017 14 30 24 24 0068 14 30 24 13 0050 13 30 24 12 0005 10 30 24 42 0057 12 30 24 13 0026 12 30 24 12 0103 12 30 24 12 0104 505 715 1035 103385 128945 1715 127865 2765 115705 3375 3555 15175 97095 103585 97665 15455 119335 89325 94535 94665 58075 104085 17135 104105 106185 94215 81805 81815 126935 110055 132545 20905 127955 4885 4945 94115 5005 5205 5265 130025 118645 23055 122945 23205 95235 120735 122275 23395 107735 24595 24725 58565 121125 111515 93655 60865 443880 444090 444410 444620 445040 445080 445510 446110 446210 446690 446870 458410 458600 458620 458630 458680 459160 459230 500650 500670 500790 459550 460350 460390 460510 460570 461310 461510 461730 462200 447700 464010 465700 448190 448250 448280 448310 448510 448570 465780 547430 466140 448660 466280 448940 466580 466620 466470 466510 467670 467800 501260 502010 502480 503510 503520 4740 5790 6012 6701 4720 4744 5847 4700 4756 5111 5760 5330 5600 5602 5604 5614 5981 6034 7501 7509 7557 5410 6061 6111 6221 6252 5901 5981 6130 5538 200 649 1601 140 180 11 30 146 182 415 459 1100 40 1356 120 363 369 1601 1621 491 548 1380 115 1367 1401 1409 1 30 2 ST 2 ST 2 ST 2 ST 2 1/2 ST 2 1/2 ST 2 1/2 ST 3 ST 3 ST 3 ST 3 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 5 ST 5 ST 5 ST 5 ST 5 ST 6 ST 6 ST 6 ST 7 ST 53 AVE 53 AVE 61 AVE 62 WAY 62 WAY 621/2 WAY 62 1/2 WAY 63 WAY 63 WAY 63 AVE 63 AVE 63 AVE 631/2 WAY 64 AVE 641/2 WAY 66 AVE 66 AVE 661/2 AVE 661/2 AVE 67 AVE 67 AVE 69 AVE 71 1/2 WAY 73 AVE 76 AVE 76 AVE 398.02 147.98 97.58 202.01 426.T3 532.86 376.83 418.00 438.23 745.50 848.42 456.55 536.36 65.56 845.52 615.73 330.04 80.02 509.24 332.44 188.45 490.35 354.69 246.90 396.39 899.84 613.07 195.79 429.80 238.78 195.84 74.82 400.05 413.42 191.55 447.68 1,121.96 459.68 3T1.74 639.88 451.09 367.40 261.30 62.90 652.11 439.77 361.86 61.52 266.78 632.12 654.09 171.86 125.81 382.55 487.10 316.25 39.80 14.80 9.T6 20.20 42.67 53.29 37.68 41.80 43.82 T4.55 84.84 48.66 53.64 6.56 84.55 61.57 33.00 8.00 50.92 33.24 18.85 49.04 35.47 24.69 39.64 89.98 61.31 19.58 42.98 23.88 19.58 7.48 40.01 41.34 19.16 44.77 112.20 45.97 37.17 63.99 45.11 36.T4 26.13 6.29 65.21 43.98 36.19 6.15 26.68 63.21 65.41 17.19 12.58 38.26 48.71 31.63 TOTAL 437.82 162.78 107.34 222.21 469.40 586.15 414.51 459.80 482.05 820.05 933.26 535.21 590.00 72.12 930.07 677.30 363.04 88.02 560.16 365.68 207.30 539.39 390.16 271.59 436.03 989.82 674.38 215.37 472.78 262.66 215.42 82.30 440.06 454.76 210.71 492.45 1,234.16 505.65 408.91 703.87 496.20 404.14 287.43 69.19 717.32 483.75 398.05 67.67 293.46 695.33 719.50 189.05 138.39 420.81 535.81 347.88 PIN 12 30 24 11 0028 03 30 24 44 0038 03 30 24 42 0012 13 30 24 33 0019 12 30 24 23 0016 12 30 24 23 0016 12 30 24 23 0014 12 30 24 22 0021 10 30 24 42 0007 03 30 24 34 0037 23 30 24 33 0101 13 30 24 32 0003 12 30 24 12 0037 12 30 24 12 0051 13 30 24 32 0034 13 30 24 43 0018 24 30 24 11 0033 24 30 24 44 0134 13 30 24 44 0021 12 30 24 11 0133 04 30 24 11 0005 13 30 24 23 0035 13 30 24 41 0037 13 30 24 43 0006 12 30 24 12 0077 13 30 24 24 0023 03 30 24 32 0110 14 30 24 32 0213 03 30 24 43 0036 03 30 24 32 0038 03 30 24 32 0098 24 30 24 41 0098 24 30 24 41 0108 24 30 24 41 0093 24 30 24 41 0089 24 30 24 41 0084 24 30 24 44 0203 24 30 24 44 0191 24 30 24 44 0192 15 30 24 44 0093 15 30 24 44 0006 15 30 24 41 0071 15 30 24 42 0022 15 30 24 42 0095 10 30 24 11 0013 10 30 24 11 0011 03 30 24 43 0008 03 30 24 31 0047 03 30 24 31 0086 03 30 24 24 0026 03 30 24 22 0083 03 30 24 32 0010 03 30 24 23 0198 03 30 24 24 0033 03 30 24 24 0022 03 30 24 24 0021 25 30 24 21 0019 24 30 24 33 0014 03 30 24 34 0006 13 30 24 14 0049 24 30 24 12 0025 24 30 24 12 0019 24 30 24 12 0013 03 30 24 23 0075 ACCT # 132985 61095 120465 25335 55555 106035 127375 134485 56095 56665 127805 120565 56875 57175 36095 113575 27255 25975 127025 93435 70505 36125 101635 28905 119215 99455 108275 105045 99215 117635 129465 31435 128495 87385 104885 125485 130785 30715 119445 118225 128795 14555 127365 130385 63825 119115 96215 133075 134175 90765 111635 111655 65595 100795 65295 65315 124655 32355 65965 32655 119475 122485 122485 66385 LOCATION # ADDRESS 503640 1621 76 AVE 503740 55 77 AVE 503930 195 79 WAY 468410 6261 ABLE ST 498340 7417 ABLE ST 498350 7419 ABLE ST 498410 7447 ABLE ST 498640 7553 ABLE ST 498830 125 ALDEN CIR 499400 7892 ALDEN WAY 449660 5455 ALTURA RD 449730 5489 ALTURA RD 499610 7676 ARTHUR ST 499910 7689 BACON DR 479060 6444 BAKER AVE 469830 6250 BEN MORE DR 470320 6021 BENJAMIN ST 469050 1623 BRENNER PASS 470000 1603 BRIARDALE RD 500640 7675 BRIGADOON PL 546870 8320 BROAD AVE 479090 6554 BROOKVIEW DR 471400 1670 CAMELOT LN 471960 6271 CENTRAL AVE 529230 7639 CENTRAL AVE 472470 6631 CHANNEL RD 504470 627 CHERYL ST 545940 167 CHRISTENSON CT 505080 210 CRAIGBROOK WAY 505620 524 DOVER ST 505740 687 DOVER ST 474430 5529 EAST BAVARIAN PASS 474540 5540 EAST BAVARIAN PASS 474600 5547 EAST BAVARIAN PASS 474640 5567 EAST BAVARIAN PASS 474660 5573 EAST BAVARlAN PASS 473690 5457 EAST BRENNER PASS 473750 5471 EAST BRENNER PASS 473780 5475 EAST BRENNER PASS 457730 6175 EAST RIVER RD 457760 6255 EAST RIVER RD 457800 6305 EAST RIVER RD 547890 6410 EAST RIVER RD 457870 6437 EAST RIVER RD 506450 7513 EAST RIVER RD 506470 7525 EAST RIVER RD 506650 7899 EAST RIVER RD 506710 7969 EAST RIVER RD 506740 8000 EAST RIVER RD 506800 8161 EAST RIVER RD 506930 8340 EAST RIVER RD 508160 590 FAIRMONT ST 508180 615 FAIRMONT ST 507840 8087 FAIRMONT CIR 507890 8110 FAIRMONT CIR 507910 8112 FAIRMONT CIR 475310 5261 FILLMORE ST 475340 5300 FILLMORE ST 508540 7871 FIRWOOD WAY 475640 6631 FRIDLEY ST 475950 1337 GARDENA AVE 475960 1345 GARDENA AVE 476010 1437 GARDENA AVE 508930 565 GLENCOE ST 2 31 BALANCE 120.48 388.14 354.79 407.39 260.12 161.00 197.87 155.85 268.79 154.38 762.40 324.67 173.29 328.27 407.42 102.71 353.23 295.06 808.02 161.90 85.11 473.24 749.85 131.59 362.23 137.41 236.75 304.29 182.96 274.50 258.69 336.49 316.43 448.12 153.97 201.14 140.30 393.87 370.16 199.33 463.81 392.48 47.95 147.98 546.83 388.20 2,538.76 56.78 85.44 343.23 308.48 251.23 287.79 552.03 330.18 331.54 366.07 358.82 319.41 688.22 483.87 240.58 131.42 541.44 PENALTY 12.05 38.81 35.48 40.74 26.01 16.10 19.79 15.59 26.88 15.44 76.24 32.47 17.33 32.83 40.14 10.27 35.32 29.51 80.80 16.19 8.51 47.32 74.99 13.16 36.22 13.74 23.68 30.43 18.30 27.45 25.87 33.65 31.64 44.81 15.40 20.11 14.03 39.39 37.02 19.93 46.38 39.25 4.80 14.80 54.68 38.82 253.88 5.68 8.54 34.32 30.85 25.12 28.78 55.20 33.02 33.15 36.61 35.88 31.94 68.82 48.39 24.06 13.14 54.14 T.OTAL 132.53 426.95 390.27 448.13 286.13 177.10 217.66 171.44 295.67 169.82 838.64 357.14 190.62 361.10 441.56 112.98 388.55 324.57 888.82 178.09 93.62 520.56 824.84 144.75 398.45 151.15 260.43 334.72 201.26 301.95 284.56 3T0.14 348.07 492.93 169.37 221.25 154.33 433.26 407.18 219.26 510.19 431.73 52.75 162.78 601.51 427.02 2,792.64 62.46 93.98 377.55 339.33 276.35 316.57 607.23 363.20 364.69 402.68 394.70 351.35 757.04 532.26 264.64 144.56 595.58 PIN 03 30 24 23 0170 03 30 24 23 0203 24 30 24 24 0084 24 30 24 24 0083 24 30 24 24 0065 15 30 24 12 0056 24 30 24 31 0046 12 30 24 13 0057 23 30 24 13 0057 15 30 24 12 0022 15 30 24 12 0019 10 30 24 43 0019 10 30 24 44 0040 12 30 24 21 0002 24 30 24 12 0040 24 30 24 12 0062 26 30 24 22 0073 03 30 24 24 0108 03 30 24 24 0079 03 30 24 24 0139 03 30 24 23 0044 03 30 24 23 0046 03 30 24 23 0187 03 30 24 13 0005 03 30 24 24 0066 03 30 24 23 0031 03 30 24 23 0136 11 30 24 14 0048 11 30 24 14 0008 11 30 24 11 0028 11 30 24 11 0023 03 30 24 23 0228 03 30 24 23 0120 03 30 24 23 0122 14 30 24 33 0077 14 30 24 11 0017 14 30 24 11 0004 03 30 24 23 0126 04 30 24 14 0002 12 30 24 11 0007 12 30 24 11 0102 03 30 24 42 0085 03 30 24 42 0083 25 30 24 21 0115 10 30 24 42 0033 10 30 24 42 0032 03 30 24 42 0073 13 30 24 24 0026 24 30 24 32 0040 24 30 24 31 0026 24 30 24 31 0025 11 30 24 24 0040 11 30 24 12 0010 23 30 24 13 0073 14 30 24 12 0100 26 30 24 33 0122 14 30 24 23 0026 02 30 24 33 0029 24 30 24 43 0031 24 30 24 42 0058 12 30 24 12 0071 12 30 24 12 0087 11 30 24 13 0105 11 30 24 11 0048 ACCT # 66495 106065 122505 34025 125535 66845 96825 67045 130875 109575 131755 67325 111825 80935 35125 92345 104645 133095 68265 68305 113325 108015 124315 68745 129755 69195 69325 80865 69615 102525 104405 70105 70185 70235 8915 37695 37765 133025 129795 85625 70935 71195 71225 38385 97235 123565 94075 93645 38935 38965 38985 97325 125935 39585 40095 9045 9735 73015 111155 71075 107685 134245 92125 121495 LOCATION # ADDRESS 509040 629 GLENCOE ST 509100 680 GLENCOE ST 477000 5874 HACKMANN AVE 477010 5882 HACKMANN AVE 477090 5917 HACKMANN AVE 509390 173 HARTMAN CIR 477450 1181 HATHAWAY LN 509590 7458 HAYES ST 477790 671 HELENE PL 509T60 6807 HICKORY ST 509810 6817 HICKORY ST 509860 6906 HICKORY DR 510320 7084 HICKORY DR 523290 7699 HIGHWAY 65 478110 1340 HILLCREST DR 478270 1359 HILLCREST DR 451910 5060 HUGHES AVE 510790 389 HUGO ST 510800 420 HUGO ST 510840 451 HUGO ST 510880 517 HUGO ST 510940 551 HUGO ST 511220 680 HUGO ST 5112T0 265 IRONTON ST 511480 401 IRONTON ST 511720 595 IRONTON ST 511850 671 IRONTON ST 512030 7370 JACKSON ST 512130 7441 JACKSON ST 512310 7600 JACKSON ST 512420 7678 JACKSON ST 512610 585 JANESVILLE ST 512690 641 JANESVILLE ST 512740 679 JANESVILLE ST 452190 6220 JUPITER RD 480650 800 KENNASTON DR 480720 841 KENNASTON DR 513000 656 KIMBALL ST 513050 729 KIMBALL ST 513320 7513 LAKESIDE RD 513430 7590 LAKESIDE RD 513690 225 LIBERTY ST 513720 239 LIBERTY ST 481330 5197 LINCOLN ST 514040 116 LOGAN PKWY 514060 130 LOGAN PKWY 514320 201 LONGFELLOW ST 481690 6645 - LUCIA LN 481880 1070 LYNDE DR 481910 1100 LYNDE DR 481930 1110 LYNDE DR 514780 7361 LYRIC LN 515060 7549 LYRIC LN 482530 5720 MADISON ST 483040 6881 MADISON ST 452320 4551 MAIN ST 453010 6721 MAIN ST 515500 7835 MAIN ST 4834T0 5400 MATTERHORN DR 483600 5555 MATTERHORN DR 515640 1377 MEADOWMOOR DR 515710 1418 MEADOWMOOR DR 516520 7432 MELODY DR 516780 7498 MELODY DR 3 32 SALANCE 298.74 491.56 96.78 839.90 - 322.55 258.10 432.82 640.12 98.17 339.23 506.37 197.69 102.28 773.53 147.38 422.89 706.45 131.61 342.37 79.93 673.05 146.20 326.86 675.85 415.58 137.53 119.38 330.83 348.68 522.38 504.05 695.09 425.22 527.85 443.02 343.73 271.09 301.45 294.14 276.29 442.18 214.50 788.80 761.25 676.32 161.98 414.15 685.94 419.50 159.86 441.95 322.10 222.48 287.49 453.63 335.83 321.78 244.90 224.50 553.20 346:64 111.50 391.28 291.58 PENAI.TY 29.87 49.16 9.68 83.99 32.26 25.81 43.28 64.01 9.82 33.92 50.64 19.77 10.23 77.35 14.74 42.29 T0.65 13.16 34.24 7.99 67.31 14.62 32.69 6T.59 41.56 13.75 11.94 33.08 34.87 52.24 50.41 69.51 42.52 52.79 44.30 34.37 27.11 30.15 29.41 27.63 44.22 21.45 78.88 76.13 67.63 16.20 41.42 68.59 41.95 15.99 44.20 32.21 22.25 28.75 45.36 33.58 32.18 24.49 22.45 55.32 34.66 11.15 39.13 29.16 TOTAL 328.61 540.72 106.46 923.89 354.81 283.91 476.10 704.13 107.99 373.15 557.01 217.46 112.51 850.88 162.12 465.18 777.10 144.77 376.61 87.92 740.36 160.82 359.55 743.44 457.14 151.28 131.32 363.91 383.55 574.62 554.46 764.60 467.T4 580.64 487.32 378.10 298.20 331.60 323.55 303.92 486.40 235.95 867.68 837.38 743.95 178.18 455.57 754.53 461.45 175.85 486.15 354.31 244.73 316.24 498.99 369.41 353.96 269.39 246.95 608.52 381.30 122.65 430.41 320.74 PIN 11 30 24 14 0038 11 30 24 14 0039 11 30 24 13 0090 11 30 24 13 0092 14 30 24 32 0033 14 30 24 32 0023 14 30 24 42 0125 14 30 24 42 0011 14 30 24 41 0115 14 30 24 14 0078 14 30 24 14 0083 13 30 24 13 0021 13 30 24 13 0006 14 30 24 41 0029 14 30 24 11 0037 14 30 24 11 0062 24 30 24 41 0226 24 30 24 41 0039 24 30 24 41 0010 13 30 24 11 0099 13 30 24 11 0094 12 30 24 31 0033 12 30 24 31 0021 12 30 24 31 0022 12 30 24 31 0022 12 30 24 13 0069 10 30 24 14 0028 12 30 24 22 0013 12 30 24 22 0012 12 30 24 12 0055 14 30 24 14 0097 13 30 24 22 005T 14 30 24 23 0058 14 30 24 23 0035 02 30 24 32 0019 24 30 24 31 0093 15 30 24 14 0008 14 30 24 22 0050 14 30 24 21 0034 13 30 24 44 0007 14 30 24 21 0047 10 30 24 12 0011 15 30 24 42 0086 15 30 24 42 0079 10 30 24 42 0042 04 30 24 14 0014 10 30 24 42 0076 03 30 24 24 0057 03 30 24 24 0039 15 30 24 41 0085 24 30 24 44 0022 13 30 24 41 0044 13 30 24 41 0059 15 30 24 44 0086 13 30 24 14 0028 12 30 24 14 0012 12 30 24 14 0011 12 30 24 14 0050 12 30 24 14 0047 14 30 24 33 0045 15 30 24 41 0052 14 30 24 33 0092 11 30 24 24 0063 11 30 24 24 0139 ACCT # LOCATION # ADDRESS 114545 516030 7379 MEMORY LN 95355 516050 7381 MEMORY LN 91865 516090 7386 MEMORY LN 116875 516130 7390 MEMORY LN 9815 453090 222 MERCURY DR 9825 453100 231 MERCURY DR 41145 484090 506 MISSISSIPPI ST 124735 484170 574 MISSISSIPPI ST 41405 484350 772 MISSISSIPPI ST 111015 484400 811 MISSISSIPPI ST 102175 484480 871 MISSISSIPPI ST 41875 484810 1361 MISSISSIPPI ST 101075 484920 1465 MISSISSIPPI ST 117355 485650 6381 MONROE ST 42925 485850 6800 MONROE ST 83025 485930 6862 MONROE ST 103985 486580 5610 NORTH INNSBRUCK CT 84625 486T00 1546 NORTH OBERLIN CIR 126155 486T70 1559 NORTH OBERLIN CIR 74335 516790 1501 NORTH TIMBER RIDGE 74445 516890 1521 NORTH TIMBER RIOGE 125225 547730 1280 NORTON AVE 91975 517210 1285 NORTON AVE 128355 517230 1295 NORTON AVE 121525 517240 1297 NORTON AVE 125625 517280 1365 ONONDAGA ST 127775 517850 30 OSBORNE WAY 75665 518100 940 OSBORNE RD 94725 518120 980 OSBORNE RD 96315 518190 1342 OSBORNE RD 126275 487590 6750 OVERTON DR 99515 488510 910 PANDORA DR 88435 453800 6731 PLAZA CUR 10635 453910 6800 PLAZA CUR 99285 517780 8010 RANCHERS RD 46455 489340 5650 REGIS DR 12195 455470 58 RICE CREEK WAY 76285 518710 254 RICE CREEK BLVD 131865 519100 485 RICE CREEK BLVD 116315 489760 1520 RICE CREEK RD 94245 490200 315 RICE CREEK TER 97985 519410 171 RICKARD RD 11645 454920 6440 RIVERVIEW TER 11655 454930 • 6441 RIVERVIEW TER 112025 519550 7157 RIVERVIEW TER 77435 519830 8241 RIVERVIEW TER 80295 522660 7115 RIVERWOOD DR 106215 520000 8121 RUTH CIR 122395 520040 8140 RUTH ST 90015 455740 115 SATEL�ITE LN 49685 492560 1552 SOUTH OBERLIN CIR 49775 492650 6311 SQUIRE DR 49915 492780 6450 SQUIRE DR 121845 546830 6250 STARLITE BLVD 49535 492410 6530 STINSON BLVD 77755 520150 7340 STINSON BLVD 77765 520160 7360 STINSON BLVD 102895 520180 7400 STINSON BIVD 127515 520210 7450 STINSON BLVD 13335 456580 6240 SUNRISE DR 113115 456610 101 SYLVAN LN 13535 456780 250 SYLVAN LN 112885 520520 7321 SYMPHONY ST 131505 520700 7398 SYMPHONY ST 4 33 BALANCE 104.08 818.11 414.70 450.98 509.68 175.81 354.44 563.89 288.40 502.40 159.54 489.48 569.20 569.51 495.15 178.90 292.75 295.51 273.16 341.28 262.40 531.54 194.21 319.31 133.55 828.64 100.62 437.03 287.59 273.55 334.05 473.87 251.02 423.64 611.35 429.00 320.04 427.79 170.39 510.80 53.50 624.90 305.18 199.95 157.47 229.70 189.92 442.48 281.50 574.63 383.27 578.99 383.09 230.36 343.96 112.49 350.94 461.58 131.48 119.38 597.06 653.61 241.31 161.50 PENALTY 10.41 81.81 41.47 45.10 50.97 17.58 35.44 56.39 28.84 50.24 15.95 48.95 56.92 56.95 49.52 17.89 29.28 29.55 27.32 34.13 26.24 53.15 19.42 31.93 13.36 82.86 10.06 43.70 28.76 27.36 33.41 47.39 25.10 42.36 61.14 42.90 32.00 42.78 17.04 51.08 5.35 62.49 30.52 20.00 15.75 22.97 18.99 44.25 28.15 57.46 38.33 57.90 38.31 23.04 34.40 11.25 35.09 46.16 13.15 11.94 59.71 65.36 24.13 16.15 TOTAL 114.49 899.92 456.17 496.08 560.65 193.39 389.88 620.28 31 T.24 552.64 175.49 538.43 626.12 626.46 544.67 196.79 322.03 325.06 300.48 375.41 288.64 584.69 213.63 35t.24 146.91 911.50 110.68 480.73 316.35 300.91 367.46 521.26 276.12 466.00 672.49 471.90 352.04 470.57 187.43 561.88 58.85 687.39 335.70 219.95 173.22 252.67 208.91 486.73 309.65 632.09 421.60 636.89 421.40 253.40 378.36 123.74 386.03 507.74 144.63 131.32 656.77 718.97 265.44 177.65 . PIN 25 30 24 22 0028 11 30 24 24 0018 11 30 24 23 0140 11 30 24 12 0044 24 30 24 41 0176 25 30 24 11 0081 14 30 24 34 0004 14 30 24 22 0021 11 30 24 24 0092 11 30 24 24 0096 02 30 24 23 0006 14 30 24 41 0062 11 30 24 14 0080 11 30 24 11 0069 23 30 24 13 0007 24 30 24 43 0046 13 30 24 44 0016 24 30 24 12 0063 ACCT # 90105 129925 78765 79055 109065 103865 51415 79555 79685 118015 129955 106625 80565 124425 132455 54345 55285 107885 LOCATION # ADDRESS 492890 5235 TAYLOR ST 521030 7321 TEMPO TER 521150 7381 TEMPO TER 521430 7519 TEMPO TER 493160 1517 TRAPP CT 493480 1546 TROLLHAGEN DR 494270 6205 UNIVERSITY AVE 521930 6890 UNIVERSITY AVE 522060 7337 UNIVERSITY AVE 522150 7385 UNIVERSITY AVE 522590 8298 UNIVERSITY AVE 494000 6405 VAN BUREN ST 522930 7411 VAN BUREN ST 523100 7528 VAN BUREN ST 496100 5797 WASHiNGTON ST 497170 1418 WEST DANUBE RD 498090 1629 WOODSIDE CT 497810 6083 WOODY LN FINAL BILLED ACCOUNTS: 23 30 24 23 0082 23 30 24 34 0034 23 30 24 31 0055 23 30 24 21 0044 23 30 24 31 0092 23 30 24 43 0103 23 30 24 42 0015 11 30 24 24 0074 11 30 24 24 0074 11 30 24 24 0074 12 20 24 23 0013 12 30 24 23 0011 12 30 24 23 0010 12 30 24 23 0010 12 30 24 23 0010 12 30 24 22 0024 12 30 24 22 0024 12 30 24 22 0024 12 30 24 22 0023 12 30 24 22 0022 12 30 24 22 0022 12 30 24 22 0022 12 30 24.22 0022 12 30 24 22 0021 12 30 24 22 0019 12 30 24 22 0019 12 30 24 22 0018 13 30 24 13 0047 12 30 24 12 0076 13 30 24 24 0035 03 30 24 31 0047 03 30 24 24 0153 24 30 24 12 0012 24 30 24 12 0012 24 30 24 12 0072 24 30 24 32 0033 23 30 24 13 0036 15 30 24 42 0107 26 30 24 23 0059 24 30 24 41 0076 15 30 24 41 0082 110185 131425 122115 17045 122205 92195 135085 134425 128615 134555 134095 134425 121095 134455 134425 134425 129555 134425 134425 122745 134425 134475 134425 134425 134525 134995 134425 93285 61775 133315 131625 64165 132215 133625 134745 100405 103835 117815 132745 98265 120305 445360 458350 458620 460260 462190 463700 464740 502690 502710 502710 498450 498500 498530 498530 498540 498550 498560 498560 498600 498610 498610 498620 498620 498650 498700 498700 498T20 472080 504410 472490 506710 506770 476020 476020 476020 481870 485470 454970 455T00 492590 456360 5800 5310 5602 6020 5536 516 645 360 362 362 7463 T495 7501 7501 7503 7513 7515 7515 7529 7539 7539 7541 7541 7555 7581 7581 7595 6525 7651 6648 7969 8100 1465 1465 1465 1061 5880 6471 4989 1557 6423 Sub Totai Active Accounts 2 1/2 ST 4 ST 4 ST 5 ST 7 ST 53 1/2 AVE 57 AVE 74 AVE 74 AVE 74 AVE ABLE ST ABLE ST ABLE ST ABLE ST ABLE ST AB�E ST ABLE ST ABLE ST ABLE ST ABLE ST ABLE ST ABLE ST ABLE ST ABLE ST ABLE ST ABLE ST ABLE ST CENTRAL AVE CENTRAL AVE CHANNEL RD EAST RIVER RD EAST RIVER RD GARDENA AVE GARDENA AVE GARDENA AVE LYNDE DR MONROE ST RIVERVIEW TER ROMAN RD SOUTH OBERLIN CIR STARLITE CIR 5 34 BALANCE 1,491.68 95.55 702.72 314.22 567.17 79.76 176.60 318.56 271.12 241.36 2,424.10 148.33 768.04 605.54 181.79 T70.23 402.29 422.61 PENALTY 149.17 9.56 70.27 31.42 56.72 7.98 17.66 31.86 27.11 24.14 242.41 14.83 76.80 60.55 18.18 77.02 40.23 42.26 TOTAL 1,640.85 105.11 772.99 345.64 623.89 87.74 194.26 350.42 298.23 265.50 2,666.51 163.16 844.84 666.09 199.97 847.25 442.52 464.87 S 101,874.92 510,187.63 $112,062.55 46.90 116.78 212.23 85.35 66.57 21.07 95.05 81.87 73.58 41.44 103.23 22.78 110.66 38.61 38.07 123.51 38.83 19.59 53.95 123.17 108.25 75.45 72.36 36.40 34.73 38.38 36.18 30.94 193.74 99.27 37.65 33.28 40.06 53.95 25.11 64.38 70.57 108.76 96.29 84.53 73.38 � 4.69 11.68 21.22 8.54 6.66 2.11 9.51 8.19 7.36 4.14 10.32 2.28 11.07 3.86 3.81 12.35 3.88 1.96 5.40 12.32 10.83 7.55 7.24 3.64 3.47 3.84 3.62 3.09 19.37 9.93 3.77 3.33 4.01 5.40 2.51 6.44 7.06 10.88 9.63 8.45 7.34 51.59 128.46 233.45 93.89 73.23 23.18 104.56 90.06 80.94 45.58 113.55 25.06 121.73 42.47 41.88 135.86 42.71 21.55 59.35 135.49 119.08 83.00 79.60 40.04 38.20 42.22 39.80 34.03 213.11 109.20 41.42 36.61 44.07 59.35 27.62 70.82 77.63 119.64 105.92 92.98 80.T2 � 0 0 PIN ACCT # LOCATION # ADDRESS BALANCE PENALTY TOTAL 11 30 24 24 0095 134425 522130 7373 UNIVERSITY AVE 132.01 13.20 145.21 11 30 24 24 0095 123925 522140 7375 UNIVERSITY AVE 267.68 26.77 294.45 11 30 24 24 0095 134425 522140 7375 UNIVERSITY AVE 63.15 6.32 69.47 23 30 24 14 0016 88915 495690 5751 WEST MOORE LAKE DR 23.41 2.34 25.T5 Sub 1'otai Final Billed :lccounts $ 3,41315 S 341.38 S 3,754.53 Grand Total actives & Finals S 105,288.07 � t0,529.01 S 115,817.08 6 35 / � CRY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF October 27, 2003 William W. Burns, City Manager �:1`'� • Richard D. Pribyl, Finance Director Deb Skogen, City Clerk October 21, 2003 Fridtey American Legion Post 303 - Charitable Gambling Premise Permit Renewal Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley American Legion, Post 303, is currently conducting charitable gambling on their premises located at 7365 Central Avenue NE. Their Charitable Gambling Premise Permit expires on February 28, 2004. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective March 1, 2004 and expire February 28, 2006. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 0 36 RESOLUTION NO. - 2003 RESOLUTION IN SL"PPORT OF A1�1 APPLICATION FOR A;VIINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY ANIERICAN LEGION, POST 303 WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Pemut for the Fridley American Legion, Post 303, and WHEREAS, the location of the Premise Permit is for their premises located at 7365 Central Avenue NE and will be effective from March 1, 2004 to February 28, 2006; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Pernut Application for the Fridley American Legion, Post 303 on their premises located at 7365 Central Avenue NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27Tx DAY OF OCTOBER 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK 37 SCOTT J. LUND - MAYOR = AGENDA ITEM COUNCIL MEETING OF OCTOBER 27, 2003 GTY OF FRIDLEY 0 CLA1 MS 113830 - 113971 E��:3 � � �� City of Fridley AGENDAITEM City Council Meeting Of Monday, October 27, 2003 � Gas Services Fireplace Gallery 433 East Main St Mike Moriarty Anoka MN 55303- General Contractor-Commercial Thor Construction Co 5400 Main St STE 203 Denise Spanbauer Minneapolis MN 55421- Velander Construction 8� Investments 7757 Ewing Ave N Mark Velander Brooklyn Park MN 55443- General Contractor-Residential D 8 D Contracting Inc (6898) 15045 Lake Dr Dennis Dumoulin Forest Lake MN 55025- Dalsin John A& Son Inc (9178) 2830 20 Ave S Robe�t Dalsin Minneapolis MN 55407- M 8 R Home Service Inc (20225403) 3336 S Coon Creek Dr Mike Caron Andover MN 55304- McCloud Construction (20396131) 1635 Merrimac Lane Rocky McCloud Plymouth MN 55447- Standard Construction Services (20319453) 595 N Snelling Ave Chad Liddicoat St Paul MN 55104- 39 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN State of MN � Statewide Home Supply 8� Service Inc (4774) 340 14 1/2 Ave Hal Weber Turtle Lake WI 54889-7808 Heatinq Binder Heating & AC Inc 222 Hardman Ave N Richard Binder S St Paul MN 55075- Mobile Home installer Statewide Home Supply 8� Service Inc (9373) 360 14 1/2 Ave Hal Weber Turtle Lake WI 54889-7808 Plumbing Backdahl 8 Olson Plbg 8 Htg Co 3157 Chicago Ave S Rich Olson Minneapolis MN 55407- Erickson Plumbing Htg S Cooling 1471 92 Lane Stacy Erickson Blaine MN 55449- Whelan Davis Co Inc 7872 12 Ave S Mike Whelan Bloomington MN 55425- Sian Erector Electro Neon 8� Design Inc 1680 99 Lane NE Nucgaek Zuertnab Blaine MN 55449- Source One Graphics Inc 7703 Central Ave NE Tom Polson Spring Lake Park MN 55432- . � Approved By: State of MN Ron Julkowski Building Official State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official � � ` an oF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 27, 2003 Bituminous Roadways, Inc. , P.O. Box 86 Minneapolis, MN 55486-2119 ESTIMATES Municipal Garage Parking Lot Overlay Project No. 343 FINAL ESTIIVIATE ................................................. , G:� ................. $ 53,647.00 � � CfTY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF OCTOBER 27, 2003 TO: WILLIAM W. BURNS, CITY MANAGER �t �� FR01VI: SUBJECT: DATE: RICHARD D. PRIBYL, FINANCE DIRECTOR CONTINUATION OF THE PUBLIC HEARING ON THE 2003 NUISANCE ABATEMENT October 24, 2003 At the meeting of October 13, 2003, the Public Hearing was opened on the issue of the annual nuisance abatements. This is an annual assessment that is done in regazd to expenses that are incurred to clean up city code related issues. At the public hearing the attorney for Mr. Ulrich requested that it be continued to the evening of October 27; 2003. RDP/me Attachment � y� 0 � CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC AEARING Notice is hereby given that the City of Fridley City Council-will conduct a public hearing at 7:30 p.m. on October 13, 2003 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2002 STREET IMPROVEMENT PROJECT Project #2002-1 2003 NUISANCE ABATEMENT 6211 Sunrise Drive 157 Hartman Circle 5750 Madison Avenue Assess 10 years @ 6.5% Interest $109,897.52 Edgewater Gardens Neighborhood Assess 1 year @ 6.�% Interest $ 7,277.00 The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Publish: September 25, 2003 Scott J. Lund Mayor 43 � � QTY OF FRIDLEY T�: FROiVI: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 27, 2003 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS PUBLIC HEARING FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2003-1 DATE: October 20, 2003 Attached is the Public Hearing Notice for the assessment for the Street Improvement Project No. ST. 2003-1. The Public Hearing Notice was published in the Focus newspaper on October 9, 2003 as required by State Statute. This notice included an incorrect amount for the total assessment. In order to comply with State Statute requirements, an assessment needs to be published at least two weeks prior to the Public Hearing. As a result, a Public Hearing Notice with the correct amount of the assessment was placed in the StarTribune on October 19, 2003. Based upon advice from the City's legal counsel, the City Council should conduct the Public Hearing tonight as noted in the first notice published in the Focus and continue the hearing to the meeting of November 3, 2003 as referenced in the notice published in the StarTribune on October 19, 2003. The resolution to adopt the assessment will be presented at the November 3, 2003 City Council meeting. RDP/gt Attachme nt .. PUBLISHED IN THE FOCUS CITY OF FRIDLEY, ANOKA COUNTY, MIi�TNESOTA • PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 27, 2003 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2003 STREET IMPROVEMENT PROJECT Assess 10 years @ 6.5% Interest $109,897.52 Project #2003-1 Marion Hills Neighborhood The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessmert to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Publish: October 9, 2003 Scott J. Lund Mayor 45 PUBLISHED IN THE STARTRIBUNE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearinQ at 7:30 p.m. on November 3, 2003 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvement: 2003 STREET IMPROVEMENT PROJECT Assess 10 years @ 6.5% Interest $145,207.02 Project #2003-1 Marion Hills Neighborhood This hearing is for the same project as was previously noticed on October 9, 2003, for hearing on October 27, 2003. The notice for that hearing incorrectly stated the project cost. You are hereby notified that the October 27, 2003 hearing will be continued to November 3, 2003. The proposed assessment rolls are on file for public inspection at the Finance Office. Notices have been mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. /s/ Scott J. Lund, Mayor Publish: October 19, 2003 �� r � UTY OF FRIDLEY ' TO: • FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 27, 2003 WILLIAM W. BURNS, CITY MANAGER I� �� . RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSNIENTS RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2003 NUISANCE ABATEMENT DATE: October 20, 2003 Attached you will find the final assessment roll for the 2003 Nuisance Abatement along with the Resolution to adopt the assessment. The Public Hearing for this assessment was conducted at the October 13, 2003 City Council meeting. The adoption of the assessment was tabled until the October 27, 2003 meeting. The assessment includes 3 properties at a cost of $7,277.00. The assessment will be certified for 1 year at an interest rate of 6.5%. RDP/gt Attachment 47 RESOLUTION NO. 2003 RESOLUTION ADOPTING ASSESSMENT FOR 2003 NUISA�iCE ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2003 Nuisance Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of one year, 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'h percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. 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 treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 � �� ASSESSMENT ROLL FOR NUISANCE ABATEMENT Name PIN No. Actual Assessment Anthony Howe 14-30-24-33-0004 $ 1164.85 6211 Sunrise Drive Fridley, MN 55432 David Ulrich 15-30-24-12-0052 $ 3,862.34 157 Hartman Circle Fridley, MN 55432 Pairdon Colstrom 23-30-24-13-0070 $ 2,249.81 5750 Madison Avenue Fridley, MN 55432 . .• / � CRY OF PRIDLEY 0 AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 27, 2003 . �� I O: WILLIAM W. BURNS, CITY MANAGER �! FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMElV"TS SUBJECT: RESOLUTION ADOPTING THE ASSESSNIENT FOR THE 2002 STREET IMPROVEMENT PROJECT NO. ST. 2002-1 DATE: October 20, 2003 Attached you will fnd the final assessment roll for the 2002 Street Improvement Project No. St. 2002-1 along with the Resolution to adopt the assessment. The Public Hearing for this assessment was conducted at the October 13, 2003 City Council meeting. The adoption of the assessment was tabled until the October 27, 2003 meeting. This project included 94 properties. T'he assessment will be for 10 years at a rate of 6.5%. RDP/gt Attachment r 50 0 - . . CI I i �F FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSTTY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 October 15, 2003 Mr. Donald tiolien 8� Mrs. Mary ReVoir (Flolien) 47 Rice Creek Way nE Fridley MI`I 55432 Subjec� ST 2002-1 Edgewater Gardens (`leighborhood Street Improvement Project Dear Mr. 8� Mrs. Holien: ' • •.• Your letter protesting the assessments for the 2002 street improvement project was received by the City Council during the Publ'�c liearing for these as.sessments at their October 13, 2003 meeting. Your object3ons were noted and discussed and the incident you refer to was determined to be a separate issue from the assessment process. � I would like to clarify a number of misstatements in your letter. First off, the storm sewers to the lake were not sealed but rather had a filter placed over them to protect the lake from construction sediment These filters do slow the passage of the water and this was compounded in this case by the quick intense duration of the storm event Secondiy, the project did not inciude any new storm sewers nor the ad�tion of back-up systerns for heavy rainfall. The existing storm sewers were reconstructed and a low flow filtration system to protect the lake was added. There was no change to the capacity of these storm sewers. Reviewing this incident with the Public Service Worker who responded to the call confirmed thak he was able to open the storm sewer filter. lie also stated that he talked to you and saw the water and rnud that had entered your home. You were offered to have Service Master come to clean up this watPr and mud at the City's expense. This is our standard policy in the event of a sewer backup and was extended to this incident That service was refused by you at that time. We have had no other contact regarding this incident since. You may stiil file a damage claim with the City. Such claim will be tumed over to an agent from the League of Minnesota Cities Insurance Trust for invest3gation and a determination. If y�ou wish to pursue this opdon, please contact Marcy Everette in our Finance Department at 763-572-3533. If you have any othex questions, please feel free to contact me directly at 763�572-3550. Sincerely, ' � Jon ti. tlaukaas �, Director of Public Works cc: W. W. Bums, City Manager . ,.� • ^ � � � •v .� `/ To: City of Fridley Greg Tirevold, Special Assessments From: Donald Holien & �iary ReVoir (Holien) Date: October.l3, 2003 The following is our written objection to the proposed assessment on our property located at 47 Rice Creek Way NE, Fridley, triN 55432. The reason we are objecting is because we incurred a large amount of damage to our home while the improvements to the street were being completed. The workers for the company that was doing the work sealed the sewer that was located ia front of our property. There was a heavy rainfall and since the sewer was blocked the rain frnm the street came pouring into our front yard which is located at the bottom of a hill in the neighbor600d. The rain was getting very deep in our yard and started coming into the house all atong the front and side of the house. Four men from acrnss the street helped us shovel the rain arnund to the rear of the house where it would rua into the take. One of the men was video taping everything that was 6appening. It was on the weekend so we could not reach anyone at the city offices so we called � 911 and said we were having a major flood and asked if they could send someone over frnm the city to open the sewer. A city worker came over and he wasn't sure what to do. He mansged to create a small opening in the sewer for the rain to drain which helped somewhat. As a result of t6e rain and mud seepage into our home the carpet in our family room 6as mud stains and the carpet in one of the bedrooms is stained in a large area w6ere the glue got wet and came up t6rough the carpet and stained it yellow. The city must have been aware that this was a problem area because they placed two new sewers there that have built in back-up systems for heavy rainfatL We talked to our insurance agent recently and she said that the city or who they hired should be responsible for the damages to our home and for compensation to us. We feel that we should not have to pay the assessments until we are compensated for the damages that were caused as a result of the road improvements. � �� .. T �. . • � t4 �rl l l O� FRiDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 October I5, 2003 Mr. 8� Mrs. John Toedter 38 66�' Way I`{E Fridley MI`I 55432 Subject ST 2002-1 Edgewater Gardens l`(eighborhood Street Improvement Project Dear Mr. � Mrs. Toedter. PW03-061 At the October 13, 2003 Fridley city council meeting, you presented a letter protesting your assessments for the 2002 street improvement project in your neighborhood. It appeared that the main thrust of your objection centered around a perceived lack of pubiic involvement The City of Fridley goes weil beyond the IegislatNely required pubiic notification on these types of projects. We hold neighborhood meetings the summer before a proposed project to present the concept and general reasons behind the project to all affected proPerties. Petitions of support are circulated through the neighborhood at that time. We also request these property owners inform us of any and ali area specific problems they may be aware of that we may know about so that correction can be incorporated into the project during design rather than after the fact This neighborhood meeting was held on Thursday, June 7, 2001. Onfy after this initial buyin from the neighborhood does the City begin project surveying and design. Through the summer and early fall preliminary plans, specifications and estimates are prepared and presented to the City Council. A public hearing is then held on the proposed project and the proposed assessments and notice is sent to aii affected properly owners in addition to the requirement for pubiication of the notice in the local paper. This notice was mailed on I`lovember 27, 2001 and the hearing was heid on December 17, 2001. After this pubiic hearing the Ci'ty will move forward with creation of final plans. Once these final plans are finished and presented to and approved by the city council, only then is the project ordered and the assessments are put into the system to become a Pending Assessment This project was set up in our system as a Pending Assessment on April 25, 2002. The final step is advertisement for bids, award and construction. As you can plainty see, this is a long careful process with several opportunities for public involvement Throughout the development and construction of a project we encourage property owners to participate in the design by informing us of specific issues they would like to see resolved. All of the construction update newsletters had contact information if you had questions on the project � , . . s � , , -,. October I5, 2003 Page 2 1 understand that the date of your final closing was April 26, 2002, one day after this was set up as a pending assessment it appears your ciosing company failed to perform a last day check for pending assessments. This is an issue you should take up with that closing company. The assessment that was paid off was part of a lOyear asse.ssment for repairs to the Locke Lake dam from 1996. Your last issue was with the notification being sent to your previous address in Roseviile. We use the Anoka County Recorders Office property ownership information for these mailings. That office still has the Roseville address listed for the fee ownership of your house on 66�' Way. 1 would recommend you contact your title company and the Anoka County Recorder s Office as soon as possible to get this corrected. We have documentation on all this, including meeting dates and information, mailing dates, filing dates, assessment processing dates, policies on the assessment calculations, and city council meeting minutes of the public hearings and resolutions passed for this project I would be happy to meet with you to review this information. You may contact me directly at 763-572-3550. I would also encourage you to become more aware of what is happening in our community by watching the Council and Commission meetings on local cable Channel 17, visiting the Fridley website at www.ci.fridley.mn.us, reading the City newsletter published six times annually, and checking for public notices in the Focus newspaper. - ; Sincerely, i : - Gji Jon tl. tiaukaas Director of Public Works Jlili:cz -cc: W. W. Bums, City Manager - .� t � .' �. � : 38 66th Way N.E. Fridley, MN 55432 October 13, 2003 To Whom It N1ay Concern, I would like to register my protest to the proposed assessment that would be applied to our property. The current lack of detail that has been provided to us appears to have no basis in need and no documentation as to why it was proposed to be implemented. At a minimum, I believe that the public should have been solicited to help determine the scope of the project, since they are the principle stakeholders in the process. Additionally, I do not recall any notification for the public to participate in the initiation and planning stages of this process. Without that participation, I can not support a process until I have been reassured that all project management and quality cost saving steps have been completed. As stakeholders and as some of the homeowners that aze being asked to pay for this, it is our responsibility to ensure that the money is being used not only in the most effective manner, but in a manner that provides the best return on investment. At this time, we aze definitely not convinced of that fact. In closing, I believe that the proposed assessment should be submitted to a11 of the affected home owners with adequate documentation, to deternune their level of support before the issue is voted on by the city council. If the majority of affected homeowners are persuaded as to the need and utility, then the matter should proceed to the council for vote. Thank you for your time. John & Darlene Toedter P.S. ' I would also like to object to the fact that the notification for the vote of this assessment was sent to my former place of residence. The address that is being assessed is both my homestead and my legal residence, sending notification to any other both deprives me of my rights as a member of this community and shows that the city is not adequately completing it's responsibilities to it's citizens. jt (ti ) � �� - 5� �- 3v3�1 �tal 651 - q83- 352� RESOLUTION NO. -2003 RESOLUTION ADOPTING ASSESSMENT FOR THE 2002 STREET IMPROVENTENT PROJECT NO. 2002-1 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2002 Street Improvement Project No. 2002-1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessmer�t shall be payable in equal annual instaliments extending over a period of ten years, the first of the instaliments to be payable on or before the first Monday in January, 2004, and shall bear interest at the rate of 6'h percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 �easurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF OCTOBER, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK ��i � 1�1� u : ��:7 51 OCT-28-200� �3:44 AM DORFF .r , ,�; October 27, 2043 Fridley City Counci! Fridley Municipal Center 6431 University Ave NE Frid(ey 1�N 53432 Re: 253024210074 PropeRy of Paul J and Karen E Dorff 1315 52'� Ave NE, Fridley MN SS421 763 S71 9�25 P,,�1 / / ri �^: �• A ��1• / _ � � •�7-03 ��t � �� ' r,� �� b3�� /� /� �, W Q� 1�.� a5 St�u� � S h'� 7 �,�bS�,�, f�ra w �r k. �k�P . �� Due to prior cocnmitments du prepecty owners themselves are unable bo app�ear in person before the Council tonight Mr. Jonathan Da�tff iatcnds to bc present to answer aay questions you may have. Mr. Paul Dortihas met with City staiiand previously discussed this matter, however, no written communications have been received regarding the final outcome of the tnstant rnanner described below as follow up to d�at me�tin�. The purpose of this letbcr is document concems and to call to the attention of the Ciry Council the problems with the concrete appro�ch installed by the Ciry's convactor at the above rofezenced address and is a request to have said contractai-takg e.ppmpriate remediat ection andlor request that the City further pursue payment for and reinstallatioa of said work by Johnson & Sans Cancrete of said concreie approach. The driveway pourod by the Ciry's cantracbvr is subst�sttdand far th�e following r+easons: •'The Ciry contracbor's driv�way appraach paur was subst8ndard; the v�aci�nce in heigbt to the p�e-existing driveway has voided the watranty of the preexisting driveway adjaoent to the appraach (see attached Exhibit l, l�tter from Johnson & Sons Conct�t� da/ed October24, 2003) • There are ripples and di� in the concrote due. to the fa�t thaz it is on a hill aad the poured concrete used ia the approach was of improper consistency for the job causing sags and dips and leaving the surface uneven. This msy become a hazard in icy weather. • The cuts mede into the concttte for stress reduction are nat uniform and in at lease one instanee are larg� enaugh far �. shoe hcel to c�tch in it making it a potential hazard far wh�ch this propeaty owner intr.tsds to hold the City liable if the City accepts the work finished aa is (it is the view of this owner that if said crack was in any city aidewalk it would b� deelared unacceptable and would ba replace�): • Property owner conte�nds t�hat there are tweo options for reinedying this situaaon: 1. The city must require the City's contractor, at its own cxpense; came out and redo the wor�c so that it is up to industry standard withaut damaging any other portion of the �riveway; or ♦ OCT-28-2003 03:45 AM DORFF 763 571 9325 P.02 Fridley City Council Octo6er 27, 2003 Page 2 2. The City must have the City's contractor pay Johnson & Sons to tear out the approach and replace it with workmaaship ti�at matchcs that of the remaining driveway suct� that it will bc fret from defects and the warrntriy originatly of%�td by Johnson 8t Soas for the remaining driveway will bc reirtstatsd and remein in �ct. • Property owner contends that there shorila 6e no additional cast to th� pmperty owntr directly or indirectly for rec}uiring th�e City's contractQr to accompli�h this additional work up to industry standard. Any such costs should be bome by the City's co�ctor for failure t�o comglet�e ib original job in a sstisPactory mamxer. Any questions regarding this matoer may be addressed to Joe Jahnsoa at 612-867-Sb66 or Katen and Paul Dorfi612-986-2625. Sincerely, �. aren Dorff 1315 52"d Ave Fridley MN SS421 �63-571-9325 OCT-28-2003'0a:45 AM DORFF .. . 763 571 9325 P.03 JOHNSON & SONS CONCRET.E' 1,3008 Oregon Gircle Che,m,plin, MN 6531 B (B12)8B7-��6� Fax.• (?B3),213-1392 vpww�ahnsane.nfleonscancrete.00m Ootober 24, 2003 Pe,ul Dortf 1318 - 82.nfl Av�e. NE F'ridley� MN Dear P�ul: Thie letter ie a followup to your telephone oa11. Johneon �I Sons Conorete inetalled a ooncsete driveway Por you in Auguet. Follo�vi�ag, t.he oit{y's contsactor installed an approa�ah to Lhe driv�ea�ray whic:h does not ma�tah the hei�it of Johnson � 8ons Conorete'e ingta�lle,tion. Coneequent�y, at�p dsmage done Lo Jahneon 8r 8one Concrete'e work due to these hei�.t ditferenceg will not be oovered under we.rranty. Sincere�y, � .,�,,,�,�,..�' oe J on '� .Tlicensed * 1�onded � InBUred * Estimated Assessment for Concrete Curb � �ctuai Gutter Based on Assessment Address PII`1 I`1o. Front Ft �15.00 per Front Ft �12.90 per Front Ft t11nZ GREGG C 8t BOnrIE M 153024110021 86 1,290.00 I.ill.12 6715 AStiTOIY AVE hE FRIDLEY, Mh �5432 t10LLIt1Al`I JOtil`i T LY KIMBERLY 153024110022 i 5 1,125.00 969.00 6709 ASFiTOn AVE nE ' FRIDLEY, MIY 55432 REBRO JUSTIn T&t bVILILITI P 153024110023 75 1,125.00 969.00 6705 ASFiTOIY AbE IYE FRIDLEY, MI`I 55432 FICEIYKO WILLIAM &t OLSOn D E 153024110029 121 1,815.00 1,56332 15 RICE CREEK WAY nE FRIDLEY, MN 55432 SCtiULTZ KENnETH P 8t t10LLY 153024tl00�0 109 1.635.00 1,408.28 Il RICE CREEK WAY nE FRIDLEY, MIY 55432 FARMER GREGORY I� MARY M 153024130011 90 1,350.00 1,162.80 71 RICE CREEK WAY nE FRIDLEY, Mn 55432 JOfinSOh WILLIAM E Lt CAROL Y 153024130012 90 1,350.00 1,162.80 75 RICE CREEK WAY IYE FftIDI.EY, Mn 55432 BERGQUIST ALLEIY & LOIS 153024t30013 86 1,290.00 1.111•12 77 RICE CREEK WAY nE FRIDLEY, Mn 55432 �VESTEnFIELD MARLISS A 153024130014 94 1,410.00 1.214•48 81 RICE CREEK WAY IYE FRIDLEY, MIY 55432 SKARIIUS ROf`IALD E Lt KAY A 153024130015 83 1,245.00 1.07236 85 RICE CREEK WAY I`IE FRIDLEY, MI`I 55432 LOUGtiLIIY PAUL R 153024130017 75 1,125.00 969.00 72 RICE CREEK WAY nE - FRIDLEY, MI`I 55432 JOtiIYSOn DEAI`I E 153024130019 75 1,125.00 969.00 80 RICE CREEK WAY I`IE FRIDLEY, MI`I 55432 STOREVIK ROBERT M 153024130021 75 1,125.00 969.00' 84 RICE CREEK WAY IYE FRIDLEY, Mn 55432 nELSOn BRUCE 8t BE�ERLY 153024130022 74 1.110.00 956.08 90 RICE CREEK WAY I�E FRIDLEY, MIY 55432 rfART DAV1D L& WAI`fDA K 153024130023 78 1,170.00 1,007.76 91 66Tti WAY IYE FRIDLEY, MIY 55432 IIYLAI`fD MARK L 8t KAREIY L 153024130024 75 1,125.00 969.00 81 66Tt1 WAY IYE FRIDLEY, MIY 55432 53 Estimated Assessment for Concrete Curb & Actual Gutter Based on Assessment Address PII`I I�o. Front Ft 515.00 per Front Ft �12.90 per front Ft SETERInG DUAI`1E PETER 8t D C 153024I30025 75 f,125.00 969.00 71 66Tti W/�Y nE FRIDLEY, Mn Sy+32 YURKEW SR DAV1D A St nICKY L 153024130026 90 1,350.00 1,162.80 80 66Tti WAY IYE FRIDLEY, Mn 55432 DUPAY WILLIAM 8Y PAULA 153024130027 79 1,185.00 1,020.68 90 66Tt1 WAY nE FRIDLEY, MIY 55432 GERDIn BRYHIY & SAI`IDRA 153024130028 81 1,215.00 1,046.52 91 65 V2 WAY nE FRIDLEY, Mn 55432 hELSOn ELDOn D� SAI`1DRA L 153024130029 109 1,635.00 1,408.28 6660 t11CKORY ST nE FRIDLEY, Mn 55432 IYGUYEn JAMES T 8t JULIA L 153024130030 90 ],350.00 1,162.80 6640 t11CKORY ST IYE FRIDLEY, MI`I 55432 JOFinSOIY DOI`IAL,D E 8t SIiIRLEY 153024130031 94 1,410.00 1,214.48 6600 t11CKORY ST i`IE FRIDLEY, Mn 55432 LARSOn RICFIARD A 8t I`IAI`ICE E 153024130032 90 1,350.00 1,162.80 6580 t11CKORY ST nE PRIDLEY, MIY 55432 AMBUtiL DA1M`i 8t GREGORY 153024130035 90 1,350.00 1,162.80 6544 F1ICKORY ST nE FRIDLEY, Mh 55432 LAI�GER MIRTt1 B TRUSTEE 153024130036 90 1,350.00 1,162.80 6530 t11CKORY ST nE FRIDLEY, Mh 55432 OLSOn OMER 8c PLOREIYCE 153024130052 151 2,265.00 1.950.92 98 FtICE CREEK WAY I`IE FRIDLEY, Mn 55432 IYORBERG BRUCE S& JUAf`iffA 153024130061 67 1,005.00 865.64 M 6560 t11CKORY ST IYE FRIDLEY, Mn 55432 GOhZALEZ CtiARLES t1 � 153024130062 67 1,005.00 865.64 C1T1Tt11A T 6570 t11CKORY ST nE FRIDLEY, Mn 55432 BAKKE tIERMAi`I 8t SIIAROIY 153024140001 115 1,725.00 1,485.80 59 R10E CREEK WAY I`IE FRIDLEY, Mn 55432 RUIKKA PAUL M& ROSE E 153024140002 90 1,350.00 1,162.80 65 RICE CREEK WAY nE FRIDLEY, MIY 55432 54 Estimated Assessment for Concrete Curb � Actual Gutter Based on Assessment Address PIIY no. Front Ft �I5.00 per Front Ft �12.90 per Front Ft Af`IDERSOIY LARS G&�`!nA E 153024140003 130 1,950.00 1,679.60 6696 AStiT01`1 AVE I`iE FRIDLEY, MIY 55432 BOSKOV1Cti BORIS St MARYAIYn 153024140004 75 1,125.00 969.00 16 67Tt1 WAY nE FRIDLEY, P1n 55432 YMIG YOU & SA1 153024140005 75 1.125.00 969.00 24 67f11 WAY I`iE FRIDLEY, MIY 55432 SCtiMIDT ROBERT E�C JUDfi't1 C 153024140006 75 1,125.00 969.00 32 67I'ti WAY nE FRIDLEY, Mn 55432 GABEL PATRICIA 153024140007 126 1,890.00 1,627.92 5947 2 1/2 STREET IYE 40 Rice Cric Way FRIDLEY, MIY 55432 STECKMAf`I ROIYALD E E� EUnICE 153024140008 126 1,890.00 1.627.92 58 RICE CREEK WAY I`� FRIDLEY, Mn 55432 IIAMER BARBARA 153024140009 75 1,125.00 969.00 41 66 1/2 WAY IYE FRIDt,EY, MIY 55432 ALLEI`I DAVID 8t JOAI`1 153024140010 75 1,125.00 969.00 9540 S KIMBLE RD 33 66-1/2 Way PEQUOT LAKES MI`I 56472 I10VE MARK A 8t SUZAI`1nE Y 153024140011 75 1,125.00 969.00 25 66 I/2 WAY IYE FRIDLEY, Mn 55432 SIIELTON JOF11Y D& BO(YTA L 153024140012 75 1,125.00 969.00 17 66 1/2 WAY I`� FRIDLEY, Mn 55432 WI1ALEn DOI`IALD J& DEAI`11YE 153024140013 81 1,215.00 1,046.52 M Il 66 1/2 WAY nE FRIDLEY, MIY 55432 LE VOIR RICYIAFiD E 153024140014 80 1,200.00 1,033.60 10 66 1/2 WAY nE FRIDLEY, MfY 55432 ADOLPtISOn FCEIYT O& CYnTtilA 153024140015 80 1.200.00 1.033.60 16 66 1/2 WAY IYE ' FRIDLEY, Mn 55432 BOSKOVICFi STEVEn J 153024140016 80 1,200.00 1,033.60 24 66 I/2 WAY f�E FRIDLEY, Mn �5432 KAZMIERKOSKI JOHI`i V 153024140017 80 1,200.00 1,033.60 32 66 1/2 WAY nE FRIDLEY, MI`I 55432 55 Estimated Assessment for Concrete Curb � Achial Gutter Based on Assessment Address PIIY I`1o. Front Ft �IS.00 per Front Ft �12.90 per Front Ft BLAIR RICt1ARD S 8t BETTE M 1530241400t8 80 1,200.00 1,033.60 40 66 1/2 WAY nE FRIDLEY, Mn 55432 .JEnKInS DOI`IALD & ROSLITI 153024140019 80 1,200.00 I,033.60 48 66 1/2 WAY I`IE FRIDLEY, MI`I 55432 BARTELS V E& P A TRUSTEES f53024140022 101 1515.00 1,304.92 64 RICE CREEK WAY nE FRIDLEY, MIY 55432 SOLBERG DALE W tt PAMELA J 153024140023 86 1Z90.00 l,lll.l2 65 66TF1 WAY IYE FRIDLEY, MIY 5�432 GUIIAIYICK DHI`IIEL J� 153024140024 87 1,305.00 1,124.04 BARBARA 55 66Tt1 WAY nE FRIDLEY, Mn 55432 F10LLEn F(ERMIT E 8t FRHI`iCES 153024140025 88 1,320.00 1,136.96 M 49 66Tt1 WAY nE FRIDLEY, MIY 55432 GREVEh DIAI`IE M 153024140026 75 1,125.00 969.00 41 66Tt1 WAY IYE FRIDLEY, MI`i 55432 MEIER ALFRED E 8t JULIE L 153024140027 75 1,125.00 969.00 33 66TF1 WAY IYE FRIDLEY, Mn 55432 JOFinSOn BOIYITA R 153024140028 75 1,125.00 969.00 25 66TI1 WAY nE FRIDLEY, MI`1 55432 TERWISSCf1A GAY L 153024140029 75 1,125.00 969.00 17 66Tt1 WAY nE FRIDLEY, MIY 55432 TtiIMMESCt1 t1AROLD J� MHftY 153024140030 95 _ 1,425.00 1,227.40 E 11 66TF1 WAY nE FRIDLEY, MI`i 55432 BJORKLUI`ID MARSFIALL V� L 153024140031 85 1,275.00 1,098.20 10 66TF1 WAY (`iE FRIDLEY, MI`I 55432 t10FFMAn AMY K 153024140032 80 1,200.00 1,033.60 18 66TF1 WAY I�E FRIDLEY, Mn 55432 ALLARD MARK G St REI`IAE K 153024140033 80 1,200.00 1,033.60 28 66TF1 WAY nE FRIDLEY, Mf`I 55432 tiEnDRICKS CARTER & FAYE 153024140034 80 1,200.00 1,033.60 38 66Tt1 WAY nE FRIDLEY, MI`I 55432 56 Estimated Assessment for Concrete Curb & Actual Gutter Based on Assessment Address PII`I I`lo. Front Ft �15.00 per Front Ft �12.90 per Front Ft DIEDERICti ftOLAI`ID J St JAI`!E L 153024140035 80 1,200.00 1.033.60 46 66Tt1 WAY nE FRIDLEY, Mf`I 55432 WILLEY JERALD D 153024140036 78 1,170.00 1,007.76 54 66Tt1 WAY I`� � FRIDLEY, MI`I 55432 r ST MARIE BREnT L&' SARAti J 153024140037 97 1,455.00 1,253.24� 62 66Tt1 WAY IYE FRIDLEY, MIY 55432 t1ART RICt1ARD W& LIIYDA D 153024140038 83 1,245.00 1,07236 70 66TH WAY IYE FRIDIEY, Mh 55432 GETAt1Un WEBIT 8t KASSA A 153024140039 75 1,125.00 969.00 81 65 1/2 WAY nE FRIDLEY, MI`I 55432 SICtiAK MICFIAEL 8Y VIOLA J 153024140040 82 1,230.00 1,059.44 71 65 1/2 WAY nE FRIDLEY, MI`I 55432 STEIhMAIYIY FREDERICK Lt 153024140041 86 1,290.00 1,111.12 PAULETTE 61 65 1/2 WAY I`IE FR1Dl,EY, MIY 55432 JOFinSOn WALTER R 8t JEAI`I A 153024140042 88 1,320.00 1,136.96 51 65 1/2 WAY f`IE FRIDLEY, Mn 55432 VA(`i EE RUfF1 GRACE LErORA 153024140043 80 1.200.00 1,033.60 41 65 1/2 WAY IYE FRIDLEY, Mn 55432 t1ALVERSOIY DAVID E� DOREEf`I 153024140044 80 1,200.00 1,033.60 31 65 1/2 WAY IYE PRIDLEY, MI`i 55432 BOEDIGf1EIMER ELWin L� A I 153024140045 80 1,200.00 1,033.60 21 65 I/2 WAY nE _ FRlDLEY, Mn 55432 VRKLJHI`1 PAUL M& L/U`IGER C 153024140046 95 1,425.00 1,227.40 M II 65 1/2 WAY I`IE FRIDLEY, Mn 55432 ' REDEEMER LUTt1ERAh Ct1URCli 153024140047 494 7,410.00 6,382.48 61 MISSISSIPPI WAY (574 less 80 ft FRIDLEY, MIY 55/+32 credi� MCGILLICUDDY J A 8t J L 153024140050 70 1,050.00 904.40 6701 AStiTOh A� IYE FRIDLEY, MIY 55432 TROJAI`10WSKI D J 8t JOtinSOn 153024140051 70 1,050.00 904.40 C R 6699 AStff01`i AbE I`� FRIDLEY, Mh 55432 57 Estimated Assessment for Concrete Curb & Actuai Gutter Based on Assessment Address PII`1 f`lo. Front Ft �15.00 per Front Ft 512.90 per Front Ft RITCt11E DOUGLAS � PATRICIA 153024140069 89 1,335.00 1,149.88 6685 ASFiTOn AVE nE FRIDLEY, Mn ��432 CAM/iRILLO AIYTOnlO � TERESA 153024140070 88 1.320.00 1,136.96 6673 ASFiTOn AVE nE FRIDLEY, Mn 55432 CRACRAfi' RICt1ARD J Lt LORA 153024140071 88 1,320.00 1,136.96 M 6651 ASFiTOn AbE nE FRIDLEY, MI`I 55432 SPADGEnSKE SCOTT A& KIM M 153024140084 99 1,485.00 1,279.08 56 66 I/2 WAY nE FRIDLEY, Mn 55432 8,506 � 109,897.52 � • / AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 27, 2003 crrr oF FRIDLEY Date: October 21, 2003 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #03-07, Michael Juaire, PMJ Group, Inc. M-03-153 INTRODUCTION Michael Juaire, PMJ Group, Inc. is requesting to replat the property located at 1215 Norton Avenue, to create 5 separate lots from part of Lot 5, Auditor's Subdivision #89, in order to construct a 4-unit town home development. This is the fourth plat request submitted by Mr. Juaire for a town home development on Norton Avenue and staff has heard from the petitioner that this will be the last plat request. PLANNING COMMISSION RECOMMENDATION At the October 15, 2003, Planning Commission meeting, a public hearing was held for PS #03-07. After receiving public comment and a brief discussion, the Planning Commission recommended approval of plat request, PS #03-07, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION - City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on all elevations of the building plans shall be constructed using brick. 59 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front elevations shail have shutters instalied. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual serVices will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. All elements of the building shall meet the current building code and be approved by the City Building Official. 12. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 13. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. .1 City of Fridley Land Use Application PS-03-07 October 15, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael Juaire 9814 Pin Oak Avenue Brooklyn Park MN 55443 Requested Action: Replat property to accommodate a 4- unit town home development. Existing Zoning: R-3, General Multiple Units Location: 1215 Norton Avenue Size: 17,419 sq. ft. .40 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Apartment building & R-3 E: Duplex & R-3 S: Multi-Family 8� R-3 W: Multi-Family & R-3 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condominium apartments are a permitted use in the R-3 zoning district. Zoning History: - 1949 — Lot is platted. Home built prior to 1949. Legal Description of Property: The east 130 feet of Lot 5, Audito�'s Subdivision #89 Public Utilities: Located at the property. Transportation: Town homes will be accessed from Norton Avenue. Physical Characteristics: Typical suburban lot and landscaping. 61 SUMMARY OF REQUEST Petitioner, Michael Juaire is requesting to replat the property located at 1215 Norton Avenue to allow for the construction of a 4- unit town home development. SUMMARY OF ANALYSIS City Staff recommends approval of this preliminary plat request, with stipulations. • Provides additional housing opportunities. CITY COUNCIL ACTION / 60 DAY DATE City Council — October 27, 2003 60 Day — November 10, 2003 Staff Report Prepared by: Stacy Stromberg PS #03-07 REQUEST Michael Juaire, of PMJ Group, Inc. is requesting to repiat the property located at 1215 Norton Avenue, to create 5 separate lots from part of Lot 5, Auditor's Subdivision #89, in order to construct a 4-unit owner occupied town home development. 0 This is the fourth plat request submitted by Mr. Juaire for a town home development on Norton Avenue and staff has heard from the petitioner that this , will be his last plat request. � _ ay � < � O 2 � D ° � "' , � 1305 i 72ND Green Circles — 1" Plat Request — approved (1153 & 1170) Pink Circle — 2"d Plat Request — approved (1275) Blue Circles — 3`d Plat Request — approved (1163 & 1175) Red Circle — 4�h Plat Request (1215) ANALYSIS ' The property is zoned R-3, Multi-Family, as are all surrounding properties. The existing house and garage were constructed prior to 1949. Both of these - structures will be removed to accommodate the proposed town home development. City Code requires that lots in the R-3, Multi-Family zoning district have a minimum lot area of 15,000 square feet for a four unit dwelling. The subject property is 17,419 square feet, which exceeds the minimum requirements. The proposed town home development also meets all setback and lot coverage requirements. 62 Existing Home As you wiil recail from past meetings, there has been some discussion from neighbors regarding the zoning of Norton Avenue. Staff has researched and determined that the Norton Avenue block was rezoned from R-1, Single Family to R-3, Multi-Family on August 19, 1963. A public hearing was held at the June 13, 1963, Planning Commission meeting and was continued to the June 27, 2003, PC meeting to deliver notices to the neighborhood. At the June 27, 2003, PC meeting, no one was present in opposition of the rezoning. The rezoning request was approved by the City Council on August 19, 1963. It appears from past zoning decisions that the vision of the City Council was to allow higher density in this area. Mr. Juaire's requests are bringing the neighborhood closer to that vision. The petitioner for the 1963 rezoning request, Mr. George Norton, stated at the June 13, 1963 public hearing, that this was the only remaining residential portion in the area and therefore, he wished to rezone so that the full value of the property could be obtained. The Comprehensive Plan designates the 2020 future land use of this property as "Redevelopment." Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflect the community collective vision. The purposes of redevelopment are to remove older blighted structures and to provide the opportunity for more e�cient land uses and eliminate inefficient land uses and under utilized parcels. � 63 � The Norton Avenue block is categorized under the Redevelopment Area #1 in the Comprehensive Plan, which also includes the salvage yards. It states that, "The multiple family properties located along Norton Avenue may be eligible for rental rehabilitation programs. The City should also pursue aggressive code enforcement to assist in eliminating any negative images regulating from illegal outdoor storage or other code enforcement problems." The redevelopment section for this area doesn't specify that this area should be used for anything other than Multi-Family. Anytime something new is constructed in a neighborhood, the existing neighbors may view the changes negatively and an alteration to the character of the area. However, the intent of the 1963 rezoning was to accommodate multi-family in this neighborhood. Adding these additional town home developments is consistent with the decisions made by the City Council 40 years ago, Fridley City Code states that construction hours are between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and_between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays and legal holidays. Any work activity on Sundays is unlawful. Mr. Juaire and one of his sheetrock contractors have been issued a citation for violating the construction hours code requirement and additional citations will be issued if this law is violated again. Staff Recommendation City Staff recommends approval of this preliminary plat request, with stipulations. • Provides additional housing opportunities. Stipulations City Staff recommends that the following stipulations be placed upon approval of this request. 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on all elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front elevations shall have shutters installed. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. .� 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. All elements of the building shall meet the current building code and be approved by the City Building Official. 12. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 13. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 65 � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF OCTOBER 27, 2003 FRIDLEY � , INFORMAL STATUS REPORTS r i � •