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12/15/2003 - 4609OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING DECEMBER 15, 2003 . � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/NT NAMF, ADDRFSS AN� /TFM NUMB�"it YOU ARF /NTFRFSTFD /N �a'� �c � � / „ � ev; � �� / �� ry�O �� „ - �'i„ ��?',��. c i,,, � ✓ � �r ,� yi��r��G' `��„ ' ' �. � . %F�Y< �/�� .��iii+�� , � � ��: r < , � . , ,.,,,, �� y i._��. �. � .. , � �� -- � ��:,,,iii. ., , „ . .:;,, . . ,.._ . . ,< r „ , ii„ ��, , : ..> ,,,, .�.... ,, , „ _ _ _...�. , � ... 1 ... � ;. . �� f � L�: � � -- � �'� � � .� ,�4 % � �- � � % ��r� �,��,,�, �,�.� �S' , � l_, � i " %�'� % �'L � . f7" � �% '%�' ' � ,�'-'�-�`�--�. �L�`2yi��`y tj � � i ;�1.�.� L� ,,� % sJh� � R`1 �i1 .: j•( c,' 1\ � L �", :^� ,�' >�- r1 C' l; � C- t.% 'l 4�� ,� �� Z` i � � � ;.�. _�.�:;,--�,�-� ��,��-,x.;, � 7�= � �_ �� r�°' :. % i ,� / � .� r � :9 '-+�i � ,� ,/ ii ' � "' t� �i� �.� , ' .�I � i '� i � �.c�i n ,-,�i i"")a .�,./` ,'�i�- �L:' r I F /' /) �, � • , .� J ' � � '' �'' '' �'' _ �� _ � � � . � � ,r • � �%�i` �� f�_" .� ,�-�� ...-�-- A.. � ��, / �--�., !� ��'_ ^C..'L' ^)�� _ . � l�i _� / .P�� '�.� �`�� y � �-� e� N�- ,,� J . -7 ` � �,. � �� : � T— �= v _. S� � '=i � 4 � � i :.� ! �' � J � j � f �L :�/�- `.� � �� / �. � �; f '-,i `?J'__. � �� f- ! � ,- j`, t�=T ,-..� t� �-'� %`� ' � - �� /r, ,!�` t ��/ ' �� C�- r"` j) , ` `'..� �° G� �!/- __-�✓f_ c ".�C , i� � - _> C. ,` < <;� G Y'��- C/L� � ��? ��J� — �� /� `� �>a .. i � � / . � '„ ,' , ' v .. r7 i � � n, ��i ��;!%� �`✓� � ;�''� %��`y'r '1; `�: �� j .�,�....-�-> _;�, ��s . � ..� : � � j� � � CITY COUNCIL MEETING OF DECEMBER 15, 2003 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or _ treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to - 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) 0 0 PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 3, 2004 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 205, Sections 205.13, 205.14, 205.15, 205.17, 205.18, 205.19, and 205.20 Related to Parking for a Furniture Store Use in the Commercial and Industrial Districts (Zoning Text Amendment, ZOA #03-01, by David Baillie, Furniture Outlets USA, Inc.) (Ward 3) ............................................................................................ 1- 4 NEW BUSINESS: 2. Approve 2004 Sixty-Day Action Application Deadlines for the Planning and Appeals Commission Meetings - ........................................................................................ 5 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Resolution Authorizing Changes in Appropriations for the 2003 Budget for July through November, 2003 ............................................................................ 15 - 17 4. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for DeLaSalle High School (Broadway Bar & Pizza, 8298 University AvenueN.E.)(Ward 3) ........................................................................................ 18 - 19 5. Approve Change Order No. 2 to Hickory Street Watermain Project No. 350 ..................................................................... 20 - 22 6. Claims 7. Licenses ....................................................................................................... 23 ...................................................................................................... 24 y 0 � _ 0 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2003 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): NEW BUSINESS: 8. Resolution Certifying Final Tax Levy Requirements for 2004 to the County of Anoka....................................................................................................... 25 - 26 9. Resolution Adopting the final Budget for the Fiscal Year 2004 - ................................................................................................ 27 29 10. Resolution Approving a Plat, P.S. #02-03, Church of St. William First Addition, for the Purpose of Constructing a 16-Unit Multi-Family Development, Generally Located at 6160 Fifth StreetN.E. (1Nard 1) .......................................................................................... 30 - 35 , 11. Informal Status Reports ..................................................................................... 36 ADJOURN. _ C 0 � � CXTIf OF FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2003 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to 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 November 3, 2004 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 205, Sections 205.13, 205.14, 205.15, 205.17, 205.18, 205.19, and 205.20 Related to Parking for a Furniture Store Use in the Commercial and Industrial Districts (Zoning Text Amendment, ZOA #03-01, by David Baillie, Furniture Outlets USA, Inc.) (Ward 3) .................................. 1 - 4 (�� NEW BUSINESS: 2. Approve 2004 Sixty-Day Action Application Deadlines for the Planning and Appeals Commission Meetings ....................... 5 - 14 3. Resolution Authorizing Changes in Appropriations for the 2003 Budget for July through November, 2003 ............ 15 - 17 /t� f,�' ' �� ✓' _l APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for DeLaSalle High School (Broadway Bar 8� Pizza, 8298 University Avenue N.E.)(Ward 3) ....................... 18 - 19 � � �� V> 5. Approve Change Order No. 2 to Hickory Street Watermain Project No. 350 ..... 20 - 22 6. Claims ................................... 23 7. Licenses 24 f � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2003 PAGE 2 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): NEW BUSINESS: 8. Resolution Certifying Final Tax Levy Requirements for 2004 to the County of Anoka ................................... 25 - 26 C,� � 7 ' � J � ` 9. Resolution Adopting the final Budget for the Fiscal Year 2004 ................................ 27 - 29 „ , - �� )� _� �� 10. Resolution Approving a Plat, P.S. #02-03, Church of St. William First Addition, for the Purpose of Constructing a 16-Unit Multi-Family Development, Generally Located at 6160 Fifth Street N.E. (Ward 1) .......................... 30 - 35 �'� / �i � /� . 11. Informal Status Reports ..................... 36 ADJOURN. THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 3, 2003 0 CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES NOVEMBER 3, 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 13, 2003. APPROVED. 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 15, 2003. RECEIVED. 2. RESOLUTION NO. 59-2003 APPROVING A PLAT, P.S. #03-07, NORTON MANOR FOURTH ADDITION, BY NIICHAEL NAIRE, PMJ GROUP, ICN., FOR THE PURPOSE OF CONSTRUCTING A 4-UNIT TOWN HOME DEVELOPMENT, GENERALLY LOCATED AT 1215 NORTON AVENUE N.E. (WARD 2). Dr. William Burns, City Manager, said the preliminary plat was approved by the City Council on October 27, 2003. Staff and some residents in the neighborhood met with Mr. Juaire on November 7, 2003, and he agreed to a timetable for completion of work on this and prior projects. Mr. Juaire also understood that rules governing working hours, use of City water, use of City streets, cleaning of City streets, etc., would be strictly enforced. Staff recommended Council's approval of the final plat subject to fourteen stipulations. ADOPTED RESOLUTION NO. 59-2003 WITH THE FOLLOWING STIPULATIONS: 1. THE FINAL LANDSCAPE PLAN SHALL MEET CODE REQUIREMENTS FOR FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 2 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 ISStiANCE OF A BUILDING PERMIT; 4. COLUNINS 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 UNI�; 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 SUILDING .PERMITS; 13. THE PETITIONER SHALL PROVIDE PROOF THAT ANY EXISTING WELLS OR INDIVIDUAL SEWAGE TREATMENT SYSTEMS LOCATED ON THE SITE ARE PROPERTY CAPPED OR REMOVED; AND 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. 3. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAEL NAIRE FOR THE PROPERTY GENERALLY LOCATED AT 1215 NORTON AVENUE N.E. (WARD 2). APPROVED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAEL JUAIRE. 4. APPROVE 2003-2004 CITY OF FRIDLEY SNOW REMOVAL OPERATIONS POLICIES AND PROCEDURES. Dr. William Burns, City Manager, said the plan defined twelve snow plowing districts and the equipment and manpower assignments for those districts. It specified that the Public Works Director had overall responsibility, the Street Supervisor the day-to-day responsibility for the City's snow plowing operation and the police could call out crews for sanding and salting when in their view the conditions warranted it. There were four starting points for plowing each district and the crews chose a new starting point with each snowfall. Red line (collector) streets were plowed first, which took four to six hours. Neighborhood streets were plowed next, which 0 FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 3 took six to eight hours. Within twelve to sixteen hou.rs after the streets are plowed, the City plowed concrete sidewalks, improved alleys that run from block to block and municipal parking lots. The City did not plow bikeways or asphalt paths. The plan also specified that there was to be no parking on City streets between 2:00 a.m. and 6:00 a.m. between November 1 and April 1. For larger snowstorms of 8 to 1� inches, plowing would generally commence when there was about 6 inches of snow on the streets. If the storm was expected to bring more than 15 inches of snow, a snow emergency plan was activated. Staff recommended Council's approval. APPROVED 2003-2004 CITY OF FRIDLEY SNOW REMOVAL OPERATIONS POLICIES AND PROCEDURES. . 5. CLAIMS. APPROVED CLAIM NOS. 113974 THROUGH 114071. 6. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 7. ESTIMATES. Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374-9461 2003 Street Improvement Marian Hills Project No. ST. 2003 —1 EstimateNo. � ........................................................................................ $101,002.27 Newquist & Ekstnun, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Legal Services Rendered as City Prosecuting Attorney for the Month of July, 2003 ............................................................................... $ 18,160.50 No one in the audience spoke regarding the proposed consent agenda. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Wolfe asked if there was a timeframe for completion of items on the Norton Avenue project. FRIDLEY CITY COUNCIL MEETING NIINUTES OF NOVEMBER 3, 2003 PAGE 4 Mr. Scott Hickok, Community Development Director, said they had established dates for completion. Mr. Jon Haukaas, Public VVorks Director, said they spoke with the developer and set a completion time of November 7, 2003, for the catchbasins. Due to the weather, it may need to be changed. MOTION by Councilmember Barnette to adopt the proposed consent agenda. Seconded by Councilmember Wolfe. - UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ' ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as submitted. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. OPEN FORUM: Mr. Scott Hickok, Community Development Director, said that at the last Council meeting a member of the audience spoke during the open forum about scheduling an inspection. The Chief Building Official contacted the individual the next day. There was a permit for the mobile home to be moved in. The Chief Building Official called the contractor who indicated that they had not called for an inspection because the installation had not been completed. An electrical permit was also received on October 9, 2003. A gas line permit would be required prior to the completion of the installation. No permit had been requested for that item. PUBLIC HEARINGS: 8. CONSIDERATION OF THE ASSESSMENT FOR THE 2003 NUISANCE ABATEMENT PROJECT (CONTINUED OCTOBER 27, 2003). MOTION by Councilmember Barnette to re-open the public hearing. Seconded by Councilmember Wolfe. � UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. � Mr. Richard Pribyl, Finance Director, said prior hearings were held on October 13 and 27. This �vas the annual assessment for properties that the City had expended resources to clean up in accordance w-ith the City Code. Three properties were involved. A tree was removed at 6211 Sunrise Drive, at a cost of $1,164.85. A deck was removed at 157 Hartman, at a cost of 0 FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 5 $3,862.34. Debris was removed from 5750 Madison Avenue, at a cost of $2,249.81. At the request of the attorney representing Mr. Ulrich, the public hearings had been continued twice. Since the Council meeting on October 27, staff received a letter from NIr. Anthony Howe, the owner of the property at 6211 Sunrise Drive, objecting to the assessment. MOTION by Councilmember Bolkcom to receive a memorandum from Julie Jones, Environmental Planner, dated October 23, 2003, regarding the tree abatement at 6211 Sunrise Drive. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to receive a letter from Mr. Anthony Howe, 6211 Sunrise Drive N.E. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to receive a faxed letter from Christopher J. Dietzen, Larkin Hoffman Daly & Lindgren, Ltd., dated November 3, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, discussed the deck that was removed at 157 Hartman Circle, which included photographs that showed the deck and its close proximity to the Mississippi River's edge. The purpose of his presentation was to create record regarding the contested abatement of the structure and to respond to a letter dated May 27, 2003, from Mr. Christopher Dietzen on behalf of the property owner. Mr. Hickok said City records showed that the home was built in 1956, and a permit was issued. No plans were submitted nor permits issued at that time for a deck at that location. No additional permits were requested until electrical and heating permits were requested and issued in 1976. It was clear from the records that many permits were requested and issued for work done at this address, yet no permit was requested or issued far the deck. Mr. Ulrich's attorney stated that by 1975 a larger deck structure was built over the footings and made part of the patio platform. The - deck as it existed in 1974 and as it was remodeled was a lawful use under the existing City ordinances. In July, 1997, tv�,ro deck permits were issued, neither of which were for the deck in _ question; Mr. Hickok said the 1971 Code of Ordinances stated that "no use shall be permitted in any district, nor shall existing land contour or drainage be substantially altered without a building permit. No such permit shall be issued for any building or use not in conformity." Consequently, the deck was built without a permit. Attorney Dietzen stated his client bought the house in 1974 and by 1975, a larger deck structure was built over the footings and made part of FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 6 the patio platform. He said the deck was remodeled around 1975 under the then-existing ordinances. This statement was incorrect and further served as an admission by his client. Attorney Dietzen indicated that since the deck was built, the City adopted an ordinance prohibiting structures within 40 feet of the bluff. Mr. Hickok said the deck had been completely reconstructed and the wood and concrete had not weathered one season. Complete reconstruction eliminated any previous status. Mr. Hickok said that Attorney Dietzen stated that around September 19 or 20, 2002, City officials went to the property without consent and decided the deck violated the river bluff requirement. On October 21, 2002, the City sent a letter that stated the deck was illegal and it needed to be removed. On September 19, 2002, Mr. Ulrich was approach at the front door of his home by Ron Julkowski, Chief Building Official; Dave Jensen, Building Inspector, and Scott Hickok, Community Development Directar. They asked for permission to see the deck that was under construction. Mr. Ulrich agreed. When staff saw the structure, it was clear it was constructed without a permit, improperly positioned over the bluff, and the construction techniques were faulty. An inspection report was left with the construction owner on that day. It said the deck must be removed within 30 days. Councilmember Bolkcom asked him to read what the report said. � Mr. Hickok stated that it said "Note: Structures of any form must not be built on the river bluff in accordance with the DNR, Army Corps of Engineers, and procedures requiring building permits." He said Section 1042.5 of the 1997 Uniform Building Code stated that when it was necessary to make an inspection to enforce the provisions of the code or when the building official had reasonable cause to believe that there existed in a building or upon a premises a condition that was contrary to or in violation of the code that makes the premises unsafe, dangerous or hazardous, the building official may enter the building or premises at a reasonable time to inspect or perform the duties imposed by the code. With the provisions of the code and just cause based on the first-hand account by a witness regarding the construction and with Mr. Ulrich's permission, staff entered the property. The same section of the 1997 Uniform Building Code also stated that whenever any building or structure or equipment therein regulated by the code was being used contrary to the provisions of the code, the building official may order such use discontinued and the structure or portion thereof vacated by notice served on any person. The person shall discontinue the use within the time prescribed by the building official after such notice to make the structure or portion thereof comply with the requirements of the code. The written order was given directly to Mr. Ulrich on September 19, 2Q02. That order gave 31 days to remove the structure in accordance with Chapter 1042.5. On October 18, Mr. Ulrich contacted Councilmember Ann Bolkcom and asked for relief from the requirement. - Councilmember Bolkcom described the variance process to Mr. Ulrich and asked staff to send further information on the process to Mr. Ulrich. Mr. Ulrich was given until November 8, 2002, _ to submit a complete application. Emphasis was placed on completion of the application and an instruction was given that if the application was not complete, the application would be rejected. Mr. Ulrich submitted the application on November 8. In accordance with Statute 15.99, the City had 10 days to send written notice that an application was incomplete. A letter was sent 6 days after the application was received, which stated that the application failed to include a scaled site map with any reference to the bluff line from which Mr. Ulrich was seeking a variance. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 7 Councilmember Bolkcom asked if the City sent a letter to Mr. Ulrich within six days after the application was received stated that it was not complete and that it still needed the survey. Mr. Hickok said it did. The letter stated that the application was insufficient. In the letter, NIr. Ulrich was also alerted that he had an additional 30 days to remove the structure or it would be removed, and costs plus a 2� percent administration fee would be assessed to the property. No response was received from i�Ir. Ulrich. According to Mr. Ulrich's attorney, on January 30, 2003, city officials armed with numerous police officers and squad cazs entered on to the _ property without permission and removed the deck. Staff arrived on site with Advance Restoration Company, the company hired to remove the deck. Advance Restoration requested police accompaniment for the abatement. Officers Knutson, Cardinal and Sergeant Prois were ` initially on the site. Officer Knutson's report indicated that when they arrived they stood by as workers began to take down the deck. Mr. Ulrich came out of the house and asked what we were doing on his property. Mr. Ulrich was advised that they were there to make sure everything ran smoothly, and he said there would be no problems. Officer Knutson remained in the area while Sergeant Prois and Officer Cardinal left. Shortly after, Mr. Ulrich left without further incident. Officer Knutson then left and told us to let him know if we needed them to come back. Mr. Hickok said the deck was not a legal, non-conforming structure. It had been entirely rebui�t without a permit. Proper procedures for abatement were followed. The City's abatement process required 30 days. Mr. Ulrich was given over four months. He could have provided a schedule for compliance with the law, but he did not. He was offered the right to appeal to the Appeals Commission, but failed to provide necessary information. His project could not receive a building permit or a variance because it was contrary to Fridley's city ordinances and to the Mississippi National River and Recreation Area standards for protecting the natural appearance of the river corridor. Permits could not be granted for such uses in this river corridor. Witnesses would testify to the new construction they observed on this site and that the entire structure was built after March, 2001. Staff recommended that this assessment be paid and the costs be borne by the individual rather than the City. Councilmember Bolkcom asked if in 1974 or prior there was a permit issued for the deck. Mr. Hickok said there was not. Attorney Dietzen, the attorney for Mr. Ulrich, said the City refened to witnesses but none had been identified. He said there was a disagreement on the facts and on the law. They think the City violated its own procedure in not conducting a public hearing to determine if there was a non-conforming use. They did not think that the City followed procedure to remove the deck. The statement that Mr. Ulrich was offered the right to appeal and told exactly about the process was false. Council was told that the variance application was incomplete and was returned. Mr. Ulrich was told that if he applied for a variance by whenever the date was, he did not need to do anything further. He was told when he submitted the application that it was complete. The City sent it back and followed the process of removing the deck, which he and his client thought violated the law and Mr. Ulrich's constitutional property rights. The statement was made that staff made it clear to Mr. Ulrich that he needed a scaled map. That was not true. Mr. Ulrich was told a sketch would be acceptable. When he submitted the application he was told it was � FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 8 complete. There was no evidence that the deck was unsafe and dangerous. If it was unsafe, the City should have notified Mr. Ulrich. The City forcefully removed the deck. Mr. Ulrich did not agree to it. Councilmember Bolkcom asked if there were any police officers with staff. Attorney Dietzen said there were not. Councilmember Bolkcom said in Mr. Hickok's presentation he said they knocked on the door and Mr. Ulrich said he would put his shoes on and meet them out back. In a sense, that was giving permission to go on his property. Attorney Dietzen said Mr. Ulrich did not intend to or give consent. He understood when they knocked at his door that they were going to inspect the property. They were not asking for permission. Councilmember Bolkcom asked if by telling staff he needed to put his shoes on and would meet them out back was not giving consent. Attorney Dietzen said Mr. Ulrich did not remember saying that. Mr. Ulrich remembered them coming to the door and saying we are going to inspect the deck. They identified themselves as City officials and led him to believe that they had the authority to inspect the deck. A number of statements were made by Mr. Hickok that the deck was contrary to the bluff ordinance and contrary to the DNR and the Corps of Engineers. As the ordinances or laws exist today, that was true. His client's position was that he had a legal, non-conforming use. Councilmember Bolkcom asked if the deck that was torn down had been in the exact same location since 1974 when the house was purchased. Attorney Dietzen said in 1975, the deck had footings and was in that location. When it was remodeled in 2001, there was some expansion of the deck. Mr. Ulrich acknowledged that and offered to rebuild the deck as it was configured prior to 2001. He had two witnesses, Laurie Rackos, who moved into the neighborhood in 1960, would testify that the deck was there in the late 1960's. Dr. Dahl was on the deck when there was an open house after Mr. Ulrich moved into the home in 1974. The deck had been there continuously from the late 1960s until the present date. He said he had spoken to the former owner who confirmed that the deck had been there continuously during the time he owned the property. Councilmember Bolkcom said that Attorney Dietzen's letter stated that Mr. Ulrich moved into the home in the summer of 1974 and at the time there was an existing stairway, walkway and footings for a deck. The letter also said that Mr. Ulrich immediately commenced building the deck over the footings and the work on the deck was completed in 1975. Attorney Dietzen said the house was built in 1956. When Mr. Ulrich moved into the house in 1974, a platform was over the footings. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 9 Councilmember Bolkcom asked if there was a permit at that time. Attorney Dietzen said when Mr. Ulrich moved into the home in 1974, it was already there. Councilmember Bolkcom asked if he did or did not build a deck. Attorney Dietzen said that in his letter he should have said there were footings and a platform over the footings. In 1974, Mr. Ulrich improved on what was already there. Councilmember Bolkcom asked if that was in the same location as the deck that was torn down. Attorney Dietzen said that what was there in the 1974/1975 timeframe stayed there until approximately 2001. In 2001 the deck was made larger. Councilmember Bolkcom asked how much larger. Attorney Dietzen said in 1974 the deck was approximately 16 or 18 feet by 24 feet and it had room for storage, existing footings, a platform over the footings, and a stairway. Councilmember Bolkcom said it was expanded in 2001. Attorney Dietzen said it happened a little at a time. Councilmember Bolkcom asked about the size and if there was a building permit. Attorney Dietzen said there was not a building permit for that. He did not know for sure what the dimensions were, but thought it was 24 feet. He was not sure of the width, but it looked like there were two platforms rather than one. Councilmember Bolkcom asked if it encroached on the river bluff mare in 2001. Attorney Dietzen said he did not know which direction it went. Councilmember Bolkcom said in 2001, there was a river bluff ordinance. She asked if he knew whether in 2001 the expansion encroached upon the river bluff. Attorney Dietzen said he could not answer the question. His client's wanted to be able to rebuild the deck as it existed prior to the work done in 2001. Councilmember Bolkcom said there was nothing on record anywhere because there was never any building permit or surveys. Attorney Dietzen said they looked at aerial photographs and pictures and there was no question as to where the deck was. Councilmember Bolkcom asked if they knew where the original footings were. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 10 Attorney Dietzen said even if there were inspections, he did not know if they would have identified exactly where the footings were. Councilmember Bolkcom said if there had been a building permit, there would have been a record on where the deck was going to be in relationship to the house and the river bluff. Attorney Dietzen said if the deck was being built .today and an application made, there would be a survey. In the late 1960s, there were no such requirements. It was their position that Mr. Ulrich established a legal, non-conforming use and a right to continue the deck at that location. Councilmember Bolkcom said without an expansion. He would have to get a permit for an expansion. Attorney Dietzen agreed. Councilmember Bolkcom asked how it could be a legal, non-conforming use if there was no application for a building permit. Attorney Dietzen said legally he had a right to continue the non-conformity. They could locate the non-conformity. Councilmember Bolkcom said if there was a deck in the 1960s and he just completed it, that would be a legal, non-conforming deck until it was over 50 percent destroyed or removed. She asked if it would be a legal, non-conforming use if it was added on to. Attorney Dietzen said that under the cunent statute, Mr. Ulrich had a right to repair and maintain the legal non-conformity, but not add on. To the extent he added on, that would have to be removed. If he did not have a building permit, the remedy was not to remove the building, but for him to apply for and obtain a building permit. To the extent that he was simply repairing or maintaining a legal non-conforming use, he did not need a building permit. Councilmember Bolkcom asked for confirmation by the City Attorney. Attorney Fritz Knaak, City Attorney, said if a non-conforming use was expanded, a variance was necessary. In this circumstance a building permit would also be necessary. If any kind of structure repair was done, a building permit was required. To expand a non-conforming use required a variance application. Mr. William Burns, City Manager, asked about the 50 percent requirement. Attorney Knaak said it would be all casualties and self-caused. Mr. Burns asked if the law assumed that the non-conforming status was lost if the individual disassembled the project by more than 50 percent. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 11 Attorney Knaak said there were ways to discontinue a use or have an otherwise non-confornung use become unlawFuL Councilmember Bolkcom asked if someone applied for a building permit at some point they would be told that they also needed a variance. Attorney Knaak said typically. Attorney Dietzen said he did not disagree that if there was an expansion of a pre-existing, non- conforming use that one could apply for a variance. It was done in this case, and they believe that it was improper for the City to reject the application. The proper procedure would have been to say it was incomplete. Statute 462.3�7 indicated that if the non-conforming use was destroyed by fire or other peril to the extent of greater than 50 percent of its market value, any subsequent use shall be conforming. The fire or other peril was not the circumstance that applied in this case. The other part of the statute indicated that if the non-conformity or occupancy was discontinued for more than one year, any subsequent use shall be conforming. The testimony of Mr. Ulrich and the two witnesses was that during this time period there was no discontinuance of the use for more than one year. Their perspective was that as of 2001, there was a pre-e�cisting, non-conforming legal use. The removal of the deck by the City was unlawful. Mr. Ulrich believed that he had a right to a legal, non-conforming use and he was willing to have that use be maintained at the pre-2001 timeframe. The special assessment. procedure was contrary to law and constituted an unconstitutional taking of his property without just compensation. Councilmember Bolkcom said she spoke to Mr. Ulrich during the process. She said she visited the structure and spoke with Ms. Grover and told her a variance was needed. She believed the City treated N1r. Ulrich and Ms. Grover fairly. Mayor Lund indicated staff said a letter was sent with the variance application that said the applieation �vas not complete. Mr. Ulrich thought he was in conformance with the application once it was submitted. He asked why Mr. Ulrich did not respond to the letter. Attorney Dietzen said the letter that was sent to Mr. Ulrich on November 14 said that because a complete application was not received by the November 8 deadline, he had 30 days to remove the deck. It was his interpretation that the issue of a variance was removed at that time. Councilmember Bolkcom asked if the letter said anything about contacting the City. NIr. Hickok said it did. Mayor Lund said that Attorney Dietzen indicated they felt the process was flawed because there was no public hearing. He asked if a public hearing was required. Attorney Knaak said notice provided and it was incumbent upon him that if wanted a hearing to ask for one. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 12 Councilmember Bolkcom said he would have appeared before the Appeals Commission and the City Council for the variance request. Attorney Knaak agreed. Attorney Dietzen said the letter said "Because a complete application wasn't received by the November 8, 2002, deadline, you have 30 days from the date of this letter to remove your structure or an abatement will be undertaken to have the City remove the deck billing you for 125 percent of the cost incurred." Then it said "If you have any questions regarding the letter or process, contact us." The letter said that the variance application was being returned and they were now aoing through an abatement process. Mr. Ulrich hired a lawyer who attempted to contact the City Attorney but was unable to do so. Attorney Knaak said there were telephone calls, but it was by a different attorney. Mayor Lund said Mr. Ulrich still had some alternatives. He asked Attorney Dietzen if he had any further testimony he wanted entered on his client's behalf. Attorney Dietzen said they had two witnesses who confirmed that there was a structure over the footings in the late 1960s. In the case law cited in his letter, the City had not made a determination, to the best of his knowledge, as to the extent of legal land conformity and whether there was or was not one before they made the decision and removed the deck. His client had property rights that he intended to enforce. Councilmember Barnette said he thought the issue was should Council vote on the assessment. Attorney Dietzen said the determination of whether or not there was a nuisance depended on whether or not it was a legal, non-conforming use. If there was a legal, non-conforming use, the City did not have the right to remove it. Councilmember Barnette said he felt the issue on the legality of the deck would be argued further in Court. Attorney Knaak said Attorney Dietzen's statement had taken the form of testimony. He mentioned two other witnesses and he assumed that it was an offer of proof, as well as testimony at to what they would be offering later. Attorney Dietzen agreed. Attorney Knaak said it was for the record. Mayor Lund asked if Ron Julkowski would answer a few questions. Attorney Knaak asked Mr. Julkowski to state his name and asked him if he was the building officiaL FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 13 Mr. Ron Julkowski stated his name and agreed that he was the building official. Attorney Knaak asked him if he heard Mr. Hickok's earlier statement of what occurred at the location of Mr. Ulrich's property. Mr. Julkowski said he did. Attorney Knaak asked him for his recollection. Mr. Julkowski said he, Scott Hickok, and Dave Jensen went to Mr. Ulrich's residence. They had received a telephone call from a person across the river. He gave Mr. Ulrich his business card. They asked if they could go back and look at the structure and received NIr. Ulrich's approval. Mr. Knaak asked if they went back and looked at the structure. Mr. Julkowski said they did. Mr. Knaak asked if as a building official, he had the opportunity to review the structural integrity of the project. Mr. Julkowski said he did but he did not go in the structure. It was a large structure and the fastening system to the plywood and deck materials were done with deck screws. The building code did not allow that. Mr. Knaak asked what should have been used. Mr. Julkowski replied nails. Mr. Knaak asked what kind of structure it was. Mr. Julkowski said it looked a storage room with some type of platform on top with a stairway leading to it. Mr. Knaak said it was something more than a platform. Mr. Julkowski said it was more. It had windows facing the river. The stairway was non- complying. He advised Mr. Jensen not to climb the stairway. Mr. Knaak asked why. Mr. Julkowski said it did not look secure. Mr. Knaak asked him if based on his experience he had any opinion as to whether there was any hazard involved in being on that structure or near that structure. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 14 Mr. Julkowski said there was. There was no handrail or guardrail on the top platform. The building code required that any platform 30 inches above grade have a guardrail. Mr. Knaak asked if they had asked for permission. Mr. Julkowski said they did. NIr; Knaak asked if they gave any indication that they did not need permission. NIr. Julkowski said it was their standard procedure. W11en they received a complaint or there was a suspicion that there was work down without a permit, they knock on the door and ask for permission and tell them why they were there. If they were refused, they did not go any further. ' Mr. Knaak said they were allowed on. Mr. Julkowski said that was correct. Mayor Lund asked if it looked like a new structure. Mr. Julkowski said it looked like a totally new deck. He said to the north, there was a pile of deteriorated lumber. In his opinion, there was evidence of new footing columns. The concrete looked new. Councilmember Bolkcom asked if they discussed any of the issues related to the structure with Mr. Ulrich. Mr. Julkowski said he told him they could not issue a building permit because of City ordinance, the bluffline and because it was in the flood plain. Attorney Dietzen asked when they were on the property. Mr. Julkowski said it was sometime in September. Attorney Dietzen asked if they told Mr. Ulrich why they were there. Mr. Julkowski said they did tell him why they were there. Attorney Dietzen asked what they said. Mr. Julkowski said they told him they were there to look at the structure. Attorney Dietzen asked if they told him for what purpose they were looking at it. Mr. Julkowski said not that he recalled. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 15 Attorney Dietzen asked if they told Mr. Ulrich that they were concerned that deck screws were used instead of nails. NIr. Julkowski said no. Attorney Dietzen asked if he told Mr. Ulrich that he was concerned about the stairway not being secured. Mr. Julkowski said yes. Attorney Dietzen asked if Mr. Ulrich told him that the project had not yet been completed with respect to that issue. Mr. Julkowski said that at that point it did not matter because they could not issue the building permit. Pursuant to the building code, they could not let him proceed. Mayor Lund asked if any witnesses wished to speak. Attorney Dietzen said he did not think it was necessary. They would testify that there was a structure in existence in the late 1960s, and the structure continued until the 2001 timeframe when the improvements were constructed. There was no time period where the use was discontinued for twelve months or more. Councilmember Billings asked if the azea under the deck was enclosed. Attorney Dietzen said it was his understanding that from 1975 until 2001 there was an azea underneath the deck that was used as a storage and play area. Councilmember Billings asked if that was there in 1974. Attorney Dietzen said there was an area in that timeframe. Councilmember Billings said when Mr. Ulrich moved into the home in 1974 there was a platform. Sometime between 1974 and 2001 it became a deck, a storage area and a play area. He asked if it was enclosed and if so, was it enclosed in 1974 when it was purchased. Attorney Dietzen said in looking at his notes, it looked like there was a storage area underneath the deck in the 1974 timeframe that was not enclosed. In 2003, there was a storage and play azea under the deck that had a door and three windows. He was not sure. Councilmember Billings asked if any staff or Council members know what had been underneath the deck. Councilmember Barnette said in 2001 there was a structure that looked like a playroom with windows and a door. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3. 2003 PAGE 16 Attorney Dietzen said it was consistent with his notes that it was a storage and play area. His notes indicated that in 1974 it was not an enclosed play area. Councilmember Billings asked when the bluffline ordinance went into effect. Attorney Dietzen said 1997. Councilmember Billings asked if it became enclosed sometime between 1974 and 1997 or between 1974 and 2003. Attorney Dietzen did not know. Councilmember Billings asked if a building permit had been taken out for the enclosure. Attorney Dietzen said he could not answer that question. He said he knew there was no building permit when the work was done in the 2001 and 2002 timeframe. Councilmember Billings asked Mr. Julkowski when a building permit was required when a deck was repaired. Mr. Julkowski said the code said any repair, maintenance, or alteration. It did not give a set dollar amount. Councilmember Billings stated the code said that if one board needed to be replaced, in theory, a building permit was needed. Mr. Julkowski said technically, yes. Councilmember Billings asked about from a practical standpoint Mr. Julkowski said any structural members; yes, but a deck board, no. Councilmember Billings asked if enclosing an area underneath a deck required a permit. Mr. Julkowski said it did. Mr. Burns said Attorney Dietzen mentioned the structure was originally built in the late 1960s. He asked if an attempt had been made to determine if there was a building permit or if one was required. Mr. Hickok said they reviewed the entire file. He indicated they had the 1956 building permit for the original structure. There was no additional building permit for this deck. There was a building permit on file for everything but the structure. Councilmember Bolkcom asked about the other building permits. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 17 Mr. Hickok said over the course of the years, there were electrical permits and plumbing permits. ��r. Burns asked if there was a response to the letter that was sent regazding the application. He asked if they pointed out why the application was incomplete and if there were any discussions with Mr. Ulrich. 1�1r. Hickok said the standard process was to provide the application and as much information as possible to the applicant. On the back of the application was a matrix that showed what was _ required for a residential application to be considered complete. In this case, there was no reference to the bluffline on the plan that was submitted. The City's practice was when an application was made and the application �vas incomplete, it was returned. There are certain � deadline dates for everyone. They made it very clear to applicants that if the application was not complete it would be returned. The letter also indicated that if the application was not complete, the structure would need to be removed. His application was not complete. There was no reference to a bluffline. Mr. Burns asked if staff would have told Mr. Ulrich the application was complete when it was accepted. Mr. Hickok said it was a broad interpretation to believe that taking the application at the counter meant it was okay and correct. Councilmember Bolkcom asked if it was all spelled out on the initial letter sent regarding a variance request. Mr. Hickok said it was. Councilmember Bolkcom asked if they also had conversations with Mr. Ulrich related to the bluffline. Mr. Hickok said they were extremely careful to make sure that he was getting the best service possible. Councilmember Bolkcom said staff received a complaint from someone who lived across the river about the deck and that was why they originally became involved. Mr. Hickok agreed. Mayor Lund said Mr. Howe had a problem with the assessment to his property for the removal of dead trees. Councilmember Bolkcom asked when the trees were cut down. Nir. Hickok said he did not have the date. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 18 Councilmember Bolkcom said that a letter was sent to 6211 Sunrise Drive addressed to the previous owner or resident. Mr. Howe's letter stated that he forwarded the letter to the daughter of the previous owner. She said there was a gap between when someone sells the house and Anoka County gets the conect form. Mr. Hickok said there were two commentaries from the owner of the property. The first was that he chose not to read it. The second commentary was that he passed it on to the previous homeowner. It was standard practice to list "or current owner" on the notice. He said two diseased trees needed to be removed. Councilmember Bolkcom asked if that was the only communication with the property owner. Mr. Hickok said like all code enforcement processes, the letter was informational, educational, and set a date. It also said if there were any questions to call. Mr. Howe did not respond. Councilmember Bolkcom asked if one notice was sent. Mr. Hickok said one notice was sent, because there was an urgency since the trees were diseased. Councilmember Bolkcom asked who decided if a tree was diseased. Mr. Hickok said the City's forester. Councilmember Bolkcom asked how they found out about the trees. Mr. Hickok said he did not know in this case. It was mid-summer, the leaves were gone and it was lacking a lot of its bark. Councilmember Wolfe said there were instances when he did not look at his mail when it was addressed to occupant because he thought it was junk mail. Councilmember Bolkcom asked if the letters said "resident" or "current resident." Mr. Hickok said it had the name of the person listed on the tax records and "current resident." Councilmember Bolkcom asked if they checked the water bill. Mr. Hickok said typically they did. It did not happen because the code enforcement staff person - was on leave and other staff inember were taking care of the job. Mayor Lund said if staff went to the address to see if the trees had been removed, they could leave a card or notice. Councilmember Bolkcom suggested that the process needed to be changed to make sure the notice was sent to the cunent property owner. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 19 Mr. Hickok said that the safeguards were typically in place. He said they put "current resident" on the envelope so people would know it was about the address. Attorney Dietzen said that Mr. tilrich was not able to attend the meeting. He was on a business trip to Hong Kong and was unable to change it. The record was not complete because Mr. Ulrich was not present. Councilmember Billings said that Mr. Ulrich was present when the hearing was initially scheduled in October. Attorney Dietzen said they initially tried to continue it for a later date, in part because Mr. Ulrich " was not going to be available. Councilmember Billings said it was originally tabled to November 7, 2003. Attorney Dietzen said he was in court and it may have been his schedule that prevented them from being at the last meeting. Councilmember Billings said that Council was also faced with deadlines with the County. Attorney Dietzen said that the City Attorney informed him of that and that was the reason the hearing was held tonight. He was making a record that when this was continued, it was his understanding that they would have an opportunity to respond to the City's letter that was put into the record. Councilmember Billings said the presentation made by Mr. Hickok was the same as the letter that was sent by Attorney Knaak several months ago. Attorney Dietzen said there were some new items. Councilmember Bolkcom asked if anyone knew that Mr. Ulrich was not going to be at the meeting. Attorney Dietzen said it was verbal between him and the City Attorney. He said they were trying to continue it for a later date, but the City Attorney indicated that he would make every effort to continue it. Mr. Knaak then sent a response that said it needed to be held tonight because it was the last date they could do it. Mr. Hickok said he was ready to make his presentation at the last Council meeting, but it was continued at Mr. Ulrich's and his attorney's request. Mr. Knaak said the record had been completely stated. It was unfortunate that Mr. Ulrich was not present, but the statement that he was not at the meeting and the reason he was not at the meeting was put in the record. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 20 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. 9. CONSIDERATION OF THE ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2003-1 (CONTINUED OCTOBER 27, 2003). MOTION by Councilmember Barnette to re-open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, said the total assessed costs were $145,207.02 and.134 properties were involved. They were to be assessed at $11.83 per front foot. The assessment period was 10 years, and the rate was 6.5 percent. This meeting was continued due to an error on the publication that appeared in the Sun Focus newspaper on October 9. The corrected notice was published on October 19. The only opposition to the assessment was from Mr.�and Mrs. Dorff at 1315 — 52"d Avenue. It was discussed at the initial public hearing, and it was established that it was a driveway issue and not part of the project. Councilmember Billings asked what the entire project consisted of. Mr. Haukaas, Public Works Director, stated the entire project consisted of reconstruction of streets. Essentially, it was the installation of concrete curb and gutter, reconstruction of the entire street section, and restoration of all areas behind the curbs such as sod, driveways and sidewalks. Prior to the street reconstruction, repairs are made to sewer, storm sewer or the water system. Councilmember Billings said that the only thing the City assessed for was curb and gutter. Mr. Haukaas agreed. Councilmember Billings said if there was concrete curb and gutter in front of a resident's house when the project started, they were not assessed. Mr. Haukaas agreed. Councilmember Billings said the project started in 2002. Mr. Haukaas said the initial neighborhood meeting was held in June, 2002. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 21 Councilmember Billings asked if property owners were notified in the fall of 2002 that there was a good chance that they were going to be assessed an amount not to exceed $15 per foot for the curb and gutter. Mr. Haukaas said they were. Councilmember Billings asked what the actual price of curb and gutter was. - Mr. Haukaas said $11.83 per foot. . Councilmember Billings said for an 80-foot frontage, a person would be paying about $900. Mr. Haukaas agreed. Councilmember Billings said that there was a resolution to approve the assessments. He asked when the first installment would go on property ta�ces. Mr. Pribyl said it would be payable in 2004. The first payment would be due on the first half of the taxes in 2004. Councilmember Billings asked how long a person would have to pay the assessment in full. Mr. Pribyl said December 3, 2003, or thirty days from when the resoluiion was actually adopted. Councilmember Billings asked if they had to prepay the whole amount. Mr. Pribyl said the entire amount should be prepaid. Councilmember Billings asked how much would roll to the 2004 taxes if the amount was not prepaid. Mr. Pribyl said there would be ten, equal, annual payments plus interest. There was discussion about paying the assessment early and the fact that it was not tax deductible. Councilmember Bolkcom asked if a letter would be sent out regarding the assessment. Mr. Pribyl said a final assessment letter would be sent out. . MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3. 2003 PAGE 22 OLD BUSIIV'ESS: 10. RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2003 NUISANCE ABATEMENT (TABLED OCTOBER 27, 2003). Councilmember Bolkcom asked if each item in the resolution could be addressed individually. Attorney Fritz Knaak, City Attorney, said they could. MOTION by Councilmember Bolkcom to adopt the resolution for the assessment for the 2003 nuisance abatement on the properties located at 157 Hartman Circle and 5750 Madison Avenue. Seconded by Councilmember Wolfe. ' UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked the City Attorney what motion would need to be made not to assess the property located at 6211 Sunrise Drive. Attorney Knaak said if no one moved it, it would fail for lack of a motion. Alternatively, someone could move for it and vote to move against it. Councilmember Bolkcom asked how many votes were needed. Attorney Knaak said four. MOTION by Councilmember Bolkcom to adopt the resolution for the assessment for the 2003 nuisance abatement on the property located at 6211 Sunrise Drive. Seconded by Councilmember Barnette. Councilmember Bolkcom said she was going to vote against the assessment because she did not think every attempt was made to notify the owner. . MOTION by Councilmember Billings to table the motion indefinitely. Seconded by Councilmember Barnette. Councilmember Billings said that this was brought to Council's attention at the last minute. If the hearing on the Ulrich assessment had not been scheduled, the letter from the property owner - at 6211 Sunrise Drive would not have been timely. It would have come in after it had been voted on. The owners did not appear at the original hearing. He said by making the motion and tabling it, something could still be done in the future. Mayor Lund said he felt that ultimately the trees would have had to come down. He said he felt the homeowner should bear a significant portion of the assessment. Councilmember Barnette asked what would happen legally. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3. 2003 PAGE 23 Mr. Pribyl said there would be another year's worth of interest added to the assessment. He said they could bring it off the table and put it on the next assessment period. Dr. William Burns, City ManaQer, asked if a motion to table indefinitely could be brought off the table at some later point. Attorney Knaak said a motion to table without a time certain was a motion to table for an indefinite period. Because it was an indefinite period, it could be brought from the table. UPON A VOICE VOTE ON THE MOTION TO TABLE INDEFINITELY, ALL VOTING AYE,IVIAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. 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 EXPAi�tSION, GENERALLY LOCATED AT 6341 UNIVERSITY AVENUE N.E. �WARD 1) (TABLED OCTOBER 27, 2003). Mr. Scott Hickok, Community Development Director, said the Mohagen/Hansen Architectural Group on behalf of the Columbia Park Medical Group requested an amendment to its master plan to allow for future parking and building eYpansion. At the October 27 Council meeting the item was tabled to allo�v Council time to evaluate the request. Staff believed there was an alternative that would address the majority of all concerns. Immediately adjacent to the east side of the building, there were three parking stalls. They should be a minimum of 10 feet wide and should be signed for patient parking only with enforcement being Columbia Park's responsibility with violators to be towed. Immediately north of the building there was a combination of patient drop-off and parallel parking stalls. Those stalls were a 10 foot equivalent and should be signed for patient parking only with enforcement being Columbia Park's responsibility with violators to be towed. Immediately west of the building there was a row of ADA-compliant handicapped stalls and at the end of the row was another standard stall. This stall should be a minimum of 10 feet and should be signed for patient parking only with enforcement being Columbia Park's responsibility with violators being towed. The remaining portion of the lot could be striped at a minimum of 9-foot stall widths. Staff recommended approval of the master plan amendment. Councilmember Billings asked how many 9 foot stalls would be lost with this method. Mr. Hickok said with this particular design, they would gain 30 stalls and lose 2. Councilmember Billings asked if they had spoken with the petitioner. Mr. Hickok said they had. Councilmember Billings asked if they received any objections. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 24 Mr. Hickok said no. Councilmember Wolfe asked if the sidewalk between the two buildings would be pazking. Mr. Hickok said staff felt there was still enough room to cross. There was also another sidewalk that went to the front door. Mayor Lund asked if enough space would remain for the crosswalk. 0 Mr. Hickok said that could be created. Councilmember Wolfe said he received two telephone calls from individuals who said it was � difficult to get out of a 9-foot parking stall. Mr. Hickok said that in Stipulation No. 4 there was very specific language about the striping of a 9-foot stall. Staff thought it was a suitable plan. Councilmember Bolkcom thought it was a good alternative. Mr. Mark Hansen with Mohagen/Hansen Architectural Group, said they tried to work with City staff to look at solutions. They did look at other areas. He said he felt it was a good compromise for the project. Overall they wanted to improve the accessibility and flow around the entire site. MOTION by Councilmember Billings to approve Master Plan, MP #03-01. Mr. Rich Dasek, 147 — 53`d Avenue N.E., asked if there would be more handicapped parking stalls on the west side of the building. He said he had a handicapped accessible van he needed for his wife, and a majority of the time he went to the clinic, there were no spots available. Mr. Hickok said there was an ADA requirement. He said it was a better plan. Councilmember Billings asked Mr. Hansen how many handicapped parking stalis were there currently. Mr. Hansen explained the parking areas on the site. He said it was just a preliminary plan. Councilmember Billings asked how many stalls were there. Mr. Hansen said 212. 0 Councilmember Billings said there were 4 handicapped stalls. Mr. Hansen a�reed. Councilmember Billings said there would be 6 handicapped stalls with a potential for 7 or 8 with a total of 250. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 25 Mr. Hansen said there would be 240 to 242. Councilmember Billings said currently there was 1 handicapped stall for every 50. Thirty more would be added and of that amount, two would handicapped. MOTION by Councilmember Billings to approve Master Plan, MP #03-01 for the Columbia Park Medical Group with the following four 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 eYisting building and finished with complementary building materials; and 4. Parking stalls to be reduced to a minimum of 9 feet width in all parking azeas except for those stalls in the first row west and first row east of the building. In those aisles, ADA stall dimensions shall apply to any handicap parking stalls. All other stalls in those two aisles shall be a minimum of 10 feet. Parking stalls shall be striped in accordance with the design on file in the office of the City Engineer. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 12. RESOLUTION NO. 60-2003 ADOPTING THE ASSESSMENT FOR THE 2003 STREET IMPROVEMENT PROJECT NO. ST. 2003 —1. MOTION by Councilmember Billings to adopt Resolution No. 60-2003. Seconded by Councilmember Wolfe. Councilmember Billings said he would be abstaining on the vote because he lived on one of the streets in the improvement project. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER BILLINGS ABSTAINING, MAYOR LUND DECLARED THE MOTION CARRIED. 13. INFORMAL STATUS REPORTS. Dr. William Burns, City Manager, asked Mr. Haukaas to report on the issue raised by Mr. Dorff. Mr. Jon Haukaas, Public Works Manager, said Mr. Dorff's son, 1315 — 52"d Avenue N.E., expressed some concerns over the restoration of the concrete driveway at that location. Since that time, he examined the driveway and took pictures. He said he did not feel the problems were defects or problems that would require the driveway to be torn up and replaced. He said there was a difference in the look because there were two different contractors. He did not believe this should be an issue of concern for the City. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 3, 2003 PAGE 26 Councilmember Billings said it was unlikely the contractor would finish everything on the project this year, so it would probably be carried over to the spring of 2004. Mr. Haukaas agreed. Councilmember Billings said between now and next spring, there was an opportunity to Council to review this matter. Councilmember Bolkcom asked staff to let Mr. Dorff know. Mayor Lund mentioned that the Springbrook Nature Center was having a spaghetti dinner and silent auction on November 15, 2003, at St. Phillip's Lutheran Church. Councilmembers Bolkcom and Barnette encouraged people to vote on November 4. ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor / � ClTY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 15, 2003 December 11, 2003 William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Second Reading of Zoning Text Amendment, ZTA #03-01, David Baillie, Furniture Outlets USA � M-03-184 INTRODUCTION Mr. Baillie, of Furniture Outlets USA, Inc., is requesting a zoning text amendment to add language to the code, which would allow a fumiture store use to have one parking stall for every 400 square feet of showroom space. PAST COUNCIL ACTION At the November 24, 2003 City Council Meeting a public hearing was held for ZTA #03-01. The City Councit recommended approval of ZTA #03-01, with the understanding that the petitioner would fulfill all zoning, building and fire code requirements. Since the November 24, 2003 City Council meeting, the petitioner has submitted a new site plan. The new site plan shows the southeast corner of the building clipped and the drive aisle in conformance with all zoning, building and fire code requirements. The Council held the first reading of this ordinance at their December 8, 2003 meeting. PLANNING STAFF RECOMMNEDATION City Staff recommends that the City Council hold the second reading of ZTA #03-01. 1 Ordinance No. AN ORDI'iVANCE AMENDNG CHAPTER 205, SECTIONS 205.13, 205.14, 205.15, 205.17, 205.18, 205.19, 205.20 RELATED TO PARKING FOR A FURNTIURE STORE USE IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS The Fridley City Council hereby fmds after review, examination and recommendation of staff the Chapter 205 related to parking for a furniture store use in the Commercial and Industrial Districts be amended as follows: SECTION 1. That Section 205.13 be hereby amended as follows: 205.13. C-1 LOCAL BUSINESS DISTRICT REGULATIONS 5. PARKING REQUIREMENTS C. Parking Ratio (1) At least one (1) off-street parking space shall be provided for each 150 square feet of building area in the C-1 District except: (e) At least one (1) off-street parkin� space shall be provided for each 400 square feet of buildinQ floor area for fumiture sales use. SECTION 2. That Section 205.14 be hereby amended as follows 205.14. C-2 GENERAL BUSINESS DISTRICT REGULATIONS 5. PARKIl�TG REQUIREMENTS C. Parking Ratio (1) At least one (1) off-street parking space shall be provide for each 150 square feet of building area in the C-2 District except: �g) At least one (1) off-street parking space shall be provided for each 400 sQUare feet of buildin� floor area for furniture sales use. SECTION 3. That Section 205.15 be hereby amended as follows 205.15. C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS 2 0 5. PARKING REQUIREMENTS C. Parking Ratio (1) At least one (1) off-street parking space shall be provided for each 150 square feet of building floor area in the C-3 District except: (fl At least one (1) off-street parkin� space shall be provided for each 400 square feet of buildin� floor area for furniture sales use. SECTION 4. That Section 205.17 be hereby amended as follows 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS 5. PARKING REQUIREMENTS C. Parking Ratio (9) At least one (1) off-street parkin� space shall be provided for each 400 s�c uare feet of buildin� floor area for furniture sales use. SECTION 5. That Section 205.18 be hereby amended as follows: SECTION 205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 5. PARKING REQUIREMENTS C. Parking Ratio �9� At least one (1) off-street uarkin� space shall be provided for each 400 sauare feet of buildinQ floor area for furniture sale use. SECTION 6. � This Section 205.19 be hereby amended as follows: SECTION 205.19. M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT REGULATIONS 5. PARKING REQUIREMENTS C. Parking Ratio �C3 (9) At least one (1) off-street parkin� space shall be provided for each 400 square feet of buildin� floor area for furniture sale use. SECTION 7. This Section 205.20 be hereby amended as follows: SECTION 205.20. M-4, MANUFACTURING ONLY DISTRICT REGULATIONS PARKING REQUIREMENTS C. Parking Ratio (9) At least one (1) off-street parkin� space shall be provided for each 400 square feet of buildin� floor area for furniture sale use. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24tn DAY OF NOVEMBER, 2003 ATTEST: Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: Publication: November 24, 2003 December 8, 2004 December 15, 2004 December 25, 2003 � Scott J. Lund, Mayor , 0 / � CfTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 15, 2003 DATE: Decembe� 10, 2003 �� TO: William W. Burns, City Manager � FROM: Julianne Tostenson, Planning Secretary SUBJECT: Approval of 2004 60-Day Agency Action Application Deadlines for the Planning and Appeals Commission Meetings Enclosed for your review and approval are the 2004 Planning Commission and Appeals Commission 60-Day Agency Action application deadlines. Enclosures 5 . CITY OF FRIDLEY PLANNING 2004 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMNIISSION AND CITY COUNCIL ACTION City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. * Different date due to a holiday. ** Date subject to change. Application Deadline: December 5, 2003 - Ten Day Completion Notification: December 15, 2003 Publication Deadline: December 16, 2003 . Planning Commission Meeting: January 7, 2004 City Council Meeting: January 26, 2004 60 Day Agency Action: February 2, 2004 Application Deadline: December 19, 2003 Ten Day Completion Notificarion: December 29, 2003 Publication Deadline: December 30, 2003� * Planning Commission Meeting: January 21, 2004 City Council Meeting: February 9, 2004 60 Day Agency Action: February 16, 2004 Application Deadline: January 2, 2004 Ten Day Completion Notification: January 12, 2004 Publication Deadline: January 13, 2004 Planning Commission Meeting: February 4, 2004 City Council Meeting: February 23, 2004 60 Day Agency Action: March l, 2004 Application Deadline: January 16, 2004 Ten Day Completion Notification: January 26, 2004 Publication Deadline: January 27, 2004 Planning Commission Meeting: February 18, 2004 City Council Meeting: March 8, 2004 ' 60 Day Agency Action: March 15, 2004 0 Application Deadline: January 30, 2004 Ten Day Completion Notification: February 9, 2004 Publication Deadline: February 10, 2004 Planning Commission Meeting: March 3, 2004 City Council Meeting: March 29, 2004 60 Day Agency Action: March 29, 2004 0 - Page 2- City of Fridley - 2004 Planning Commission Schedule - City Council meeting dates aze contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. * Different date due to a holiday. ** Date subject to change. Application Deadline: February 13, 2004 Ten Day Completion Notification: February 23, 2004 Publication Deadline: February 24, 2004 Planning Commission Meeting: March 17, 2004 City Council Meeting: March 29, 2004 60 Day Agency Action: April 12, 2004 Application Deadline: March 5, 2004 � Ten Day Completion Notification: March 15, 2004 Publication Deadline: March 16, 2004 Planning Commission Meeting: Apri17, 2004 City Council Meeting: April 26, 2004 60 Day Agency Action: May 3, 2004 Application Deadline: March 19, 2004 Ten Day Completion Notification: March 29, 2004 Publication Deadline: March 30, 2004 Planning Commission Meeting: Apri121, 2004 City Council Meeting: May 10, 2004 60 Day Agency Action: May 17, 2004 Application Deadline: Apri12, 2004 Ten Day Completion Notification: April 12, 2004 Publication Deadline: April 13, 2004 Planning Commission Meeting: May 5, 2004 City Council Meeting: May 24, 2004 60 Day Agency Action: May 31, 2004 Application Deadline: April 16, 2004 Ten Day Completion Notificarion: April 26, 2004 Publicarion Deadline: Apri127, 2004 Planning Commission Meeting: May 19, 2004 City Council Meeting: June 14, 2004 60 Day Agency Action: June 14, 2004 Application Deadline: Apri130, 2004 Ten Day Completion Notification: May 10, 2004 Publication Deadline: May 11, 2004 Planning Commission Meeting: June 2, 2004 City Council Meeting: June 14, 2004 60 Day Agency Action: June 28, 2004 7 Page 3— City of Fridley - 2004 Planning Commission Schedule City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. * Different date due to a holiday. ** Date subject to change. Application Deadline: May 14, 2004 Ten Day Completion Notification: May 24, 2004 Publication Deadline: May 26, 2004 Planning Commission Meeting: June 16, 2004 City Council Meeting: June 28, 2004 60 Day Agency Action: July 12, 2004 0 Application Deadline: June 4, 2004 Ten Day Completion Notification: June 14, 2004 Publication Deadline: June 15, 2004 Planning Commission Meeting: July 7, 2004 City Council Meeting: July 26, 2004 60 Day Agency Action: August 2, 2004 Application Deadline: June 18, 2004 Ten Day Completion Notification: June 28, 2004 � Publication Deadline: June 29, 2004 Planning Commission Meeting: July 21, 2004 City Council Meeting: August 9, 2004 60 Day Agency Action: August 16, 2004 Application Deadline: July 2, 2004 Ten. Day Completion Notification: July 12, 2004 Publication Deadline: July 13, 2004 Planning Commission Meeting: August 4, 2004 City Council Meering: August 23, 2004 60 Day Agency Action: August 30, 2004 Application Deadline: July 16, 2004 Ten Day Completion Notificarion: July 26, 2004 Publication Deadline: July 27, 2004 Planning Commission Meering: August 18, 2004 City Council Meeting: September 13, 2004 60 Day Agency Action: September 13, 2004 : Page 4— City of Fridley - 2004 Planning Commission Schedule City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. * Different date due to a holiday. ** Date subject to change. Application Deadline: July 30, 2004 Ten Day Completion Notification: August 9, 2004 Publication Deadline: August 10, 2004 Planning Commission Meeting: September l, 2004 City Council Meeting: September 13, 2004 60 Day Agency Action: September 27, 2004 Application Deadline: August 13, 2004 Ten Day Completion Notification: August 23, 2004 Publication Deadline: August 24, 2004 Planning Commission Meeting: September 15, 2004 City Council Meeting: September 27, 2004 60 Day Agency Action: October 11, 2004 Application Deadline: September 3, 2004 Ten Day Completion Notification: September 13, 2004 Publication Deadline: September 14, 2004 Planning Commission Meering: October 6, 2004 City Council Meeting: October 25, 2004 60 Day Agency Action: November 1, 2004 Application Deadline: September 17, 2004 Ten Day Completion Notification: September 27, 2004 Publication Deadline: September 28, 2004 Planning Commission Meeting: October 20, 2004 City Council Meeting: November 8, 2004 60 Day Agency Action: November 15, 2004 Application Deadline: October 1, 2004 Ten Day Completion Notification: October 1 l, 2004 _ Publication Deadline: October 12, 2004 Planning Commission Meeting: November 3, 2004 _ City Council Meeting: November 22, 2004 60 Day Agency Action: November 29, 2004 � - Page 5— City of Fridley - 2004 Planning Commission Schedule - City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. * Different date due to a holiday. ** Date subject to change. Application Deadline: October 15, 2004 Ten Day Completion Notification: October 25, 2004 Publication Deadline: October 26, 2004 Planning Commission Meeting: November 17, 2004 City Council Meeting: December 6, 2004 60 Day Agency Action: December 13, 2004 Application Deadline: October 29, 2004 Ten Day Completion Notification: November 8, 2004 ` Publication Deadline: November 9, 2004 Planning Commission Meeting: December l, 2004 City Council Meeting: December 13, 2004 60 Day Agency Action: December 27, 2004 Application Deadline: November 12, 2004 Ten Day Completion Notification: November 22, 2004 Publication Deadline: November 23, 2004 Planning Commission Meeting: December 15, 2004 City Council Meeting: Jan 3, or Jan 10, 2005 ** 60 Day Agency Action: January 10, 2005 10 0 CITY OF FRIDLEY APPEALS 2004 DEVELOPMENT REVIEW SCHEDULE FOR APPEALS COMNIISSION AND CITY COUNCIL ACTION The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. * Different date due to holiday. ** Date subj ect to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: December 12, 2003 Ten Day Completion Notification: December 22, 2003 Appeals Commission Meering: January 14, 2004 City Council Meeting: January 26, 2004 60 Day Agency Action: February 9, 2004 Application Deadline: December 23, 2003 * � Ten Day Completion Notification: December 31, 2003 * Appeals Commission Meeting: January 28, 2004 City Council Meeting: February 9, 2004 60 Day Agency Action: February 20, 2004 Application Deadline: January 9, 2004 Ten Day Completion Notification: January 16, 2004 * Appeals Commission Meeting: February 11, 2004 City Council Meeting: February 23, 2004 60 Day Agency Action: March 8, 2004 Application Deadline: January 23, 2004 Ten Day Completion Notification: February 2, 2004 Appeals Commission Meeting: February 25, 2004 City Council Meeting: March 8, 2004 60 Day Agency Action: March 22, 2004 Application Deadline: February 6, 2004 Ten Day Completion Notification: February 16, 2004 Appeals Commission Meeting: March 10, 2004 City Council Meeting: March 29, 2004 60 Day Agency Action: April 5, 2004 11 - Page 2— City of Fridley — 2004 Appeals Commission Schedule - The Appeals Commission has final action on residential requests, unless there aze objections from surrounding neighbors or the petirioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendarion from the Appeals Commission. * Different date due to holiday. ** Date subjeet to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: February 20, 2004 Ten Day Completion Notification: March 1, 2004 Appeals Commission Meeting: March 24, 2004 City Council Meeting: April 12, 2004 60 Day Agency Action: April 19, 2004 Application Deadline: March 12, 2004 ` Ten Day Completion Notification: March 22, 2004 Appeals Commission Meeting: April 14, 2004 City Council Meeting: Apri126, 2004 60 Day Agency Action: May 10, 2004 Application Deadline: March 26, 2004 Ten Day Completion Notification: April 5, 2004 Appeals Commission Meeting: Apri128, 2004 City Council Meeting: May 10, 2004 60 Day Agency Action: May 24, 2004 Application Deadline: Apri19, 2004 Ten Day Completion Notification: April 19, 2004 Appeals Commission Meeting: May 12, 2004 City Council Meeting: May 24, 2004 60 Day Agency Action: June 7, 2004 Application Deadline: Apri123, 2004 Ten Day Completion Notification: May 3, 2004 Appeals Commission Meeting: May 26, 2004 City Council Meeting: June 14, 2004 60 Day Agency Action: June 21, 2004 Application Deadline: May 7, 2004 Ten Day Completion Notification: May 17, 2004 Appeals Commission Meeting: June 19, 2004 City Council Meeting: June 28, 2004 60 Day Agency Action: July 5, 2004 12 _ - Page 3— City of Fridley - 2004 Appeals Commission Schedule - The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the petirioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendarion from the Appeals Commission. * Different date due to holiday. ** Date subject to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: May 21, 2004 Ten Day Completion Notification: May 28, 2004 * Appeals Commission Meeting: June 23, 2004 City Council Meeting: July 12, 2004 60 Day Agency Action: July 19, 2004 Application Deadline: June 11, 2004 Ten Day Completion Notificarion: June 21, 2004 Appeals Commission Meeting: July 14, 2004 City Council Meeting: July 26, 2004 60 Day Agency Action: August 9, 2004 Application Deadline: June 25, 2004 Ten Day Completion Notification: July 5, 2004 Appeals Commission Meeting: July 28, 2004 City Council Meeting: August 9, 2004 60 Day Agency Action: August 23, 2004 Application Deadline: July 9, 2004 Ten Day Completion Notification: July 19, 2004 Appeals Commission Meeting: August 11, 2004 City Council Meeting: August 23, 2004 60 Day Agency Acrion: September 6, 2004 Application Deadline: July 23, 2004 Ten Day Completion Notification: August 2, 2004 Appeals Commission Meering: August 25, 2004 City Council Meeting: September 13, 2004 60 Day Agency Action: September 20, 2004 Application Deadline: August 6, 2004 Ten Day Completion Norification: August 16, 2004 Appeals Commission Meeting: September 8, 2004 City Council Meeting: September 27, 2004 60 Day Agency Action: October 4, 2004 �I 3 - Page 4— City of Fridley - 2004 Appeals Commission Schedule - The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the peritioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendarion from the Appeals Commission. * Different date due to holiday. ** Date subject to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: August 20, 2004 Ten Day Completion Notification: August 30, 2004 Appeals Commission Meeting: September 22, 2004 City Council Meeting: October 4, 2004 60 Day Agency Action: October 18, 2004 Application Deadline: September 10, 2004 ' Ten Day Completion Notification: September 20, 2004 Appeals Commission Meeting: October 13, 2004 City Council Meering: October 25, 2004 60 Day Agency Action: November 8, 2004 Application Deadline: September 24, 2004 Ten Day Completion Notification: October 4, 2004 Appeals Commission Meeting: October 27, 2004 City Council Meeting: November 8, 2004 60 Day Agency Action: November 22, 2004 Application Deadline: October 8, 2004 Ten Day Completion Notification: October 18, 2004 Appeals Commission Meeting: November 10, 2004 City Council Meeting: November 22, 2004 60 Day Agency Action: December 6, 2004 No meeting on November 24th, due to the Thanksgiving holiday! Application Deadline: November 5, 2004 - Ten Day Completion Notification: November 15, 2004 Appeals Commission Meeting: December 8, 2004 - City Council Meeting: Jan 3 or Jan 10, 2005 ** 60 Day Agency Action: January 3, 2005 60 Day Agency Action Extension: March 3, 2005 No meeting on December 22°d, due to the Christmas holiday! GC! � / � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF December 15, 2003 � To: William W. Burns, City Manager�� From: Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant Date Re: December 10, 2003 Modifications to the 2003 Budget Attached you will find a resolution amending appropriations to the 2003 budget in accordance with the City Charter. The adjustments listed have arisen as a result various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget Reappropriation form. We request that the Council approve the amendment of the attached budgets. 15 Resolution No. - 2003 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2003 BUDGET FOR JULY THRU NOVENIBER, 2003 WHEREAS, the City of Fridley has invotved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2003. NOW, THEREFORE, BE IT RESOLVED that the following funds will be amended as follows : REVENUE ADJUSTMENTS Police-Reimbursement Police-Reimbursement Fire-Donation Rec & Nat-Donation Fire-Fund Balance APPROPRIATION ADJUSTMENTS Police-Other Services & Charges Polic�Other Services & Charges Fire-Supplies Rec & Nat-Other Services & Charges Fire-Other Services & Charges GENERAL FUND 15,262 POST Training I�eimbursement 5,393 Insurance Paymeni-Squad 389 1,975 Donation from St. Williams Church 100 Donation from Sr Center Advisory Bd 3,242 Use of Fund Balance 0 15,262 5,393 1,975 100 3,242 0 Conference & Schools Repair of Squad 389 Purchase of Defibrillator Bridge Instruction Program Repairs for Aerial Truck GRANT MANAGEMENT FUND REVENUE ADJUSTMENTS Grant Management-Transfer From Storm 8,609 Springbrook CWP matching Grant 16 Resolution No. = 2003 CAPITAL IMPROVEMENT FUND STREETS CAP/TAL IMPROVEMENT REVENUE ADJUSTMENTS Streets-Transfer From 561 30,543 Close out 2002 Street Fund Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF DECEMBER 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK 17 SCOTT J. LUND - MAYOR � � CfTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF December 15, 2003 William W. Burns, City Manager �� Richard D. Pribyl, Finance Director Deb Skogen, City Clerk December 11, 2003 DeLaSalle High School Lawful Gambling Premise Permit Application — Broadway Bar & Pizza, 8298 University Avenue NE. Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. DeLaSalle High School has a Minnesota Lawful Gambling License and is applying for a premise permit at Broadway Bar & Pizza located at 8298 University Avenue NE. Broadway Bar & Pizaa applied for an OrrSale Intoxicating Liquor Lawful Gambling Endorsement at the time he applied for his liquor license and paid the $300 fee. The premise permit application requires a resolution from the City Council approving the permit. If approved, the premise permit would become effective within 60 days and expire January 31, 2004. Please find a resolution for the premise permit application attached. Staff recommends approval of the premise permit application by adoption of the attached resolution. : RESOLUTION NO. _ - 2003 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL G�vIBLING PREMISE PERMIT APPLICATION FOR DELASALLE HIGH SCHOOL BROADWAY BAR & PIZZA, 8298 UNIVERSITY AVENUE NE WHEREAS, the City of Fridley has received a copy of an Application for a Minnesota Lawful � Gambling Premise Permit for DeLaSalle High School; and � WHEREAS, the location of the Premise Permit is for Broadway Bar &Pizza, 8298 University Avenue NE, and WHEREAS, they currently hold a state charitable gambling license which is scheduled to expire on December 31, 2004; 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 Permit Application for DeLaSalle High School located at Broadway Bar & Pizza, 8298 University Avenue NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15Tx DAY OF DECEMBER 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK 19 SCOTT J. LIJND - MAYOR AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 15, 2003 :- .. TO: Williarn W. Burns, City Manager PW03-104 FROM: Jon .t`T tiaukaas, Pubiic Works Director Layne Otteson, Asst Pubiic Works Director DATE: December 4, 2003 SUBJECT: Change Order I`lo. 2 to tlickory Street Watermain Project I`lo. 350 During the construction of the Alley Paving Project (`lo. ST. 2003 - 3, it was determined that slope paving would be required to stabilize adjacent properly. The alley was lowered in several areas to maintain drainage. Other altematives that were discussed were� not deemed cost effective. The liickory Street watermain project area is complete except for placing the final layer of bituminous pavement The final layer of bituminous pavement will be placed around June 1, 2004. At that time, any settlements will be corrected prior to placing the pavement All boulevard and driveway restoration is complete. The alley work is complete and final quantities are being verified. A public hearing on final assessments will be held in the near future. Recommend the City Council approve Change Order I`lo. 2 to the liickory Street Watermain Project adding the cost to perform the work under Project I`lo. ST. 2003 - 3 Alley Paving to the contract in the amount of �2,156.42. The revised contract amount will increase to �177,639.62 from the previous amount of �t75,483.20. LO:Jtit1/cz Attachment � 0 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 C1NI`/ERSITY AVENLTE N.E. FRIDLEY, MN 55432 December 8, 2003 Midwest Asphalt Corporation 5929 Baker Road Ste 420 Minnetonka MN 55345 SUBJECT: Change Order No. 2, Hickory Watermain Replacement, Project No. 350 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Hickory Watermain Replacement Project No. 350 by adding the following work: Addition: � Item 1 Bituminous slope paving TOTAL CHANGE ORDERS: Original Contract Amount Contract Additions - CO No. 1 Change Order No. 2 REVISED CONTRACT AMOUNT uanti Unit Unit Cost Total Cost 1.0 LS 2,156.42 2,156.42 TOTAL 21 2,156.42 157,380.70 18,102.50 2,156.42 $ 177,639.62 Midwest Asphalt Change Order No. 2 December 8, 2003 Page 2 Submitted and approved by Jon H. Haukaas, Director of Public Works, on the 8th day of December, 2003. Prepared by Checked by Jon H. Haukaas, P.E. Director of Public Works Approved and accepted this day of , 2003 by MIDWEST ASPHALT CORP Representaxive Approved and accepted this day of . 2003 by CITY OF FRIDLEY Scott J. Lund, Mayor William W. Burns, City Manager Approved and accepted this day of , 2003 by Metro Division Assistant State Aid Engineer 22 ` AGENDA ITEM COUNCIL MEETING OF DECEMBER 15, 2003 ClTY OF FRIDLEY CLAIMS 114513 - 114625 23 City of Fridley Gas Services Mechanical Solutions 541 North Wheeler St St Paul MN 55104- AGENDA ITEM City Councii Meeting Of Monday, December 15, 2003 � Richard Ellingsworth General Contractor-Residential Jabez Exterior(20315089) 2210 154 Lane NW Jim Munn Andover MN 55304- Heatina Total Air Supply 541 North Weeler St St Paul MN 55104- Mobile Home Installer Ramsey Mobile Home Service Inc 32319 Palm St NW Cambridge MN 55008- Frank Costa Joel Snidericfi 24 Approved Bv: Ron Julkowski Building Official State of MN Ron Julkowski Building Official State of MN _.__.__ . � / � Cfl'Y OF fRIDLEY To: . From Date: 0 AGENDA ITEM CITY COUNCIL MEETING OF December 15, 2003 William W. Burns, City Manager �� Richard D. Pribyl, Finance Director Craig E. Ellestad November 20, 2003 Re: RESOLUTION CERTIFYING THE FINAL TAX LEVY FOR 2004 TO THE COLTNTY OF ANOKA In conformance with Minnesota Statutes Chapter 275.07, subd. 1 attached is a resolution certifying the final tax levy requirements to the Anoka County Auditor. Chapter 275.07 requires the City to certify its final tax levy requirements to the County Auditor within 5 working days after December 2p`h The final taJt levy for 2004 is $6,483,745 compared to $5,825,855 for 2003. We request the City Council pass the attached resolution to certify the final tax levy. Remember that this resolution must be adopted prior to adopting the final budget 25 RESOLUTION NO. - 2003 A RESOLUTION CERTIFYING FI�YaL TAX LEVY REQUIREI�IENTS FOR 2004 TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, graris the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its proposed tax levy requirements to the County Auditor; and WHEREAS, chapter 127, Article 2, Section 17 of the Minesota 2003 Session Laws exempts the City from the tax levy charter restrictions to allow the city to levy up to 100% of the LGA loss; and WHEREAS, Minnesota Statutes Section 275.73 provide for this levy to be calculated under net tax capacity. NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following proposed tax levy to� be levied in 2003 for the year 2004. GENERAL FUND General Fund CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Cities Watershed Management Organization Stonybrook Creek Sub-Watershed District TOTAL ALL FUNDS $ 6,372,785 ' :.1 . 11 : •�s $ 6,483,745 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2003. ATTEST: Debra A. Skogen, City Clerk 26 Scott J. Lund, Mayor 0 I � Cll'Y OF FRIDLEY To: . From: � Date: Re: � AGENDA ITEM CITY COUNCIL MEETING OF December 15, 2003 William W. Burns, City Managerw �� " Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant NOVEMBER 20, 2003 RESOLUTION ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 2004 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the 2004 final budget. Chapter 275 requires the City to certify a final budget to the County Auditor prior to December 29, 2003. We request the City Council pass the attached resolution and adopt the 2004 final budget. Remember that the levy resolution must be adopted prior to adopting the budget � _ _. _ � � _ RESOLUTION NO. - 2003 A RESOLUTION ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2004 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall hold a public hearing to adopt a budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following budget be adopted and approved: CEYERAL FUND Taxes Current Ad Valorem Deliquent, Penalties, Forfeited Licenses and Permits Licenses Permits [ntergovemmental: Federal State- Local Govemment Aid All Other Charges for Services: General Government Public Safety Public Works Communiry Development Recreation Fines and Forfeits Special Assessments [nterest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Liquor Fund Closed Debt Service Fund Employee Benefit Fund Police Activity Fund ESTIl�IATED REVE�iUE $ (i,373.78� =t0,�00 2i9.930 2b3.OR I d,000 942,038 598,282 8�7.620 103,0�0 34.242 42,930 312,(00 176,720 4,500 200.000 t J3,�00 2�,000 4SO.OQO 23�,900 0 473,393 Legislative: City Council Planning Commissions Other Commissions City Management: General Management Personnel Legal Finance: Elections Accounting Assessing MIS Ciry Clerk/Records Police: Police Civil Defense Fire: Fire Rentallnspections Public Works: Municipal Center Engineering Lighting Pazk Maintenaace Street Maintenance Recreation: Recreation Nahualist 28 APPROPRIATIONS � I1?,812 205 13 260,a86 16U,083 3 I 9,537 32,815 671.740 159,396 2�34>86� 13�.078 3,9�t6,�� 1 �,56� i, t 28,621 125,26� 336,122 �72.934 193.600 ii37.979 1;_'� l >053 "786.369 265,775 . , � . � Resolution No. _ - 2002 TOT.4L REVENUES AND OTHER FIN��ICING SOURCES 11,541,461 Fund Balance: Genersl Fund Reserve 704,780 TOTAL GENERr+►L F[TND $ 12,246,241 � SPECIAL REVEiYiJE FUNDS Cable TV Fund $ 18�,(?00 . Grant Management Fund 80.03Z Solid Waste Abatement Fund 27�.808 Housing Revicialization Fund 0 Police Activiry Fund 50,()00 Fund Balance 93 1.499 TOTAL SPECIAL REVEiYUE FUNDS $ 978,339 CAPITAL PROJECTS F'UND Capital [mprovement Fund Taxes-Ciurent Ad Valorem $ 9�.860 Interest on Investments 128,U97 Park Fees 10.0O0 Fund Balance l63 9�7 TOTAL CAPITAL PROJECTS FUYD $ 65,000 AGEVCY FUND Six Cities Watershed Fund Taxes-Current Ad Valorem 6,200 TOTAL AGENCY FUND S 6,200 TOTAL ALL FLlNDS $ 13,295,780 �. Communiry Development Building [nspection Planning Reserve: Emergency Nondepartmental: General Capital (mprovement Streets Capita] Improvement Parks Capital lmprovement Six Cities Watershed Page 3 275.369 347.89.i 100.000 3�,967 $ 12,246,241 � l 17,� l i 7?. I 82 3 t03�3 0 �173,393 S 978,339 � i s.�x�o �U,000 0 $ 65,000 6,200 S 6,200 $ 13,295,780 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF _ 2003. Scott J. Lund, Mayor Attest: Debra A. Skogen, City Clerk 29 � a CRY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 15, 2003 December 12, 2003 William Burns, City Manager �� Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Final Approval of Plat Request, PS #02-03 M-03-185 INTRODUCTION . Brandes Place LP is seeking a Plat to divide the current St. William property into two separate parcels. The Plat will create the lot descriptions necessary for transferring the property from St. William to Brandes Place LP. The creation of the second parcel will allow the lot area needed to construct the proposed townhome units. The proposed lots both exceed all zoning code requirements in regards to lot size and lot width. The proposed Lot 1(Brandes Place) is 1.17 acres and the proposed Lot 2 (remaining St. William campus) is 5.8 acres in size. Archbishop Harry Flynn has signed the plat on behalf of St. Williams. Archbishop Flynn is the President of the St. Williams Corporation, and as such, has the authority to sign the plat on behalf of the Church of St. William. (See attached e-mail from Attorney Knaak) PLANNING STAFF RECOMMNEDATION City Staff recommends Council's approval of the Final Plat request to comply with the terms of the Brandes Place Partnership settlement agreement, with the stipulations below. STIPULATIONS 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management if necessary to manage adequate drainage and stormwater on the property. 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. 30 5). Petitioner shatl obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling enclosures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 31 RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #02-03, CHURCH OF SAINT WILLIAM FIRST ADDITION, FOR THE PURPOSE OF CONSTRUCTING A 16-UNIT MULTI FAMILY DEVELOPT�NT, GENERALLY LOCATED AT 6160 5�' STREET NE WHEREAS, the Planning Commission held a public hearing on September 04, 2002, and the motion to recommend approval of said plat resulted in a tied vote; and WHEREAS, the City Council approved the preliminary plat for SAINT WILLIAM FIRST ADDITION at their July 28, 2003, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat SAINT WILLIAM FIRST ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for SAINT WILLIAM FIRST ADDITION 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 15� DAY OF DECFI�ER 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK 32 SCOTT LUND - MAYOR . . � Page 2- Resolution -2003 - SAINT WILLIAM FIRST ADDITION EXHIBIT A STIPULATIONS 1). Petitioner to dedicate street ROW as indicated on Preliminary Plat drawing. 2). Petitioner to obtain all necessary permits prior to construction. 3). Petitioner shall identify ponding area and provide easements for stormwater run-off and management if necessary to manage adequate drainage and stormwater on the property. 4). Storm pond maintenance agreement must be filed prior to issuance of building permits. 5). Petitioner shall obtain any required NPDES Permit and NURP ponding for entire site. 6). City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7). Code required refuse and recycling er�closures must be installed. 8). Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 9) Petitioner to pay any required Park Dedication Fees. 10) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 11). Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 12). Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 33 . t � ¢�� ._,�. "'� a' p � - ...,.�. ..... ' O+ .. . ' . '.� '_ �3'N '15 NiL �. rr _'_ ' F., ----------------_ _---------- � .� � Ca .�� ,;; d �E�'= -�� . ^ . _ . . , , _: _ ;, s . ,. , �.. �. . ,;: � ;af _':s � � � � ,. . ' � �--- •-------------'-----^ -- �---------'=--• -_----'----------------- ° -- C/i � --------------'-"---------. ' : � � ---- - -- -- --- -�- -L". =ii ---------Y ----;` a � V :i t i:r .. -. ,. „ O � -, :. � -. ; . - ' ' �i ... ,. �. m . Fe � . -: r:o,. , " �:; :.. �B ' .. �,.�i. ::: ..::.. � .:. ' _" "_'_"'"_"""'_"_'_'_____"'__'_'_"""_"____"_'._______'_____'_"'_" - �8A ::: rr . a' --- - -- .: . � � � $' �: z = �� n� ,A� . � � 1 N _ '. �J k. oa�..x.r.x � _ � � PO�� -- ....u-- :Ii O •.,; . - S'y' ��' �cY+ .e�_'t � ' tt ��.{ • �~ •'� �� 3t•�' �°' . �, i, N '________________ d�.4i�y�'-i�i_ "'_ "___p_'-si=1�'___ �'w ' "_ � Va • �„'�„ a moa �rtwae uv3 ----_ -,-_ —,-------- -� � -- --- n....n.ws, - --'�--r-----L� Z.i 3_ . . . �I: �a�� i{? °�'� Sy �: _. .... ......_.. ._....._ .._._.. 1 .�,f - - � re. ;i7� ,..� j��i � � y `�!. '�-f •�' '_;! '�' il�'- .�• zl9t '-• e ,: .: ,_ �_ � ': .i � ' � : _ `i : �1 = ��•' ti <�F ' � :' :: � 1 .i �i , ':� li Sd•�jt j _� i, , � .1l� `f � e '� �3 r !f{� ii ��3it3 —�=.cs— - 4:; . .: � i i: , �.; x_ �i �:`� ;° i i i; 9 • t�:� =� •i i � �1! . s + <• � .< �� a � � � . � A 1 Coilins, Roberta From: Fritr Knaak [flcnaak@anconatitle.com] Sent: Friday, December 12, 2003 4:19 PM To: Collins, Roberta Cc: Burns, Bill Subject: Brandes Place Plat Bill: I've reviewed the Affidavit language on the plat being submitted by Brandes Place. I have separately verified the necessary filing of the documents required by Minnesota Law governing religious corporations to . permit that kind of entity to transfer land. � The notarized signature of Harry Flynn on the plat as President of the Church of St. Wlliam would appear to minimally meet the requirement of M.S. 315.12 for the dedication noted in the plat to occur. It is, therefore, my opinion that, from a legal point of view, the final plat has been appropriately executed. In light of the settlement agreement the City is party to in this matter, it is my opinion that the Final Plat should be approved. �5 � � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF DECEMBER 15, 2003 FRIDLEY INFORMAL STATUS REPORTS 36 � . � ,� �