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05/24/2004 - 4594OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING MAY 24, 2004 � � � .f FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2004 �� CfTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or empfoyment 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 April 26, 2004 Special City Council Meeting of May 17, 2004 NEW BUSINESS: Receive the Minutes from the Planning Commission Meeting of May 5, 2004 ..................... 1- 7 !` M1 , �.�, `��. �. �- 2. Preliminary Plat Request, PS #04-02, by John and Sandra Capretz, to Divide One Single Family Lot into Two Single Family Lots, Generally Located at 7335 East River Road N.E. (Ward 3) ................................... 8 - 13 /�"� 4� c��� 3. Preliminary Plat Request, PS #04-03, by Jay Windschitl, Tradition Homes, Inc., to Allow the Construction of a Four-Plex on the Property, Generally Located at 5541 Fifth Street N.E. (Ward 1) .......................... 14 -19 �j � �'�'�' ,�,��y - 4. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds and Capital Improvement Fund for the Year Ended 2003 .......... 20 - 23 1����-�'�'.�_ � ��:;�. 3 i APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for the Church of the Immaculate Conception (Knights of Columbus, 6831 Highway 65 N.E.) (Ward 2) ................................... 24 - 25 � � ���.�'�-�' ,, � � ��� � 6. Appointment — City Employees ......... 26 7. Claims ......•. 8. Licenses .••..�• ADOPTION OF AGENDA. w �-✓ 4' ` V W � .................... 27 Z1�-„ (�� ���' ......... 28 - 39 ����� � OPEN FORUM (VISITORSI: Consideration of Items not on Agenda —15 Minutes PUBLIC HEARING: 9. Consideration of an Ordinance Amending Section 7.02, Power of Taxation, of the Fridley City Charter (Continued April 26, 2004) ................................... 40 - 41 FRIDLEY CITY COUNCIL MEETING OF MAY 24 2004 PAGE 2 OLD BUSINESS: 10. First Reading of an Ordinance Amending Section 7.02, Power of Taxation, of the Fridley City Charter (Tabled April 26, 2004) .................................. 42 - 43 NEW BUSINESS: 11. Informal Status Reports ADJOURN. ip� -(�r�l' ��-„ �J"�(,�.-�'� !' ..... 44 � � CITY COUNCIL MEETING OF MAY 24, 2004 cmr aF 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 a�iliary 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 April 26, 2004 Special City Council Meeting of May 17, 2004 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meetingof May 5, 2004 ..................................................................................... 1- 7 2. Preliminary Plat Request, PS #04-02, by John and Sandra Capretz, to Divide One Single Family Lot into Two Single Family Lots, Generally Located at 7335 East River Road N.E. (Ward 3) - ................................................. 8 1 FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2004 � PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Preliminary Plat Request, PS #04-03, by Jay Windschitl, Tradition Homes, Inc., to Allow the Construction of a Four-Plex on the Property, Generally Located at 5541 Fifth Street N.E. ard 1 14 - 19 " .......................................................................................... 4. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds and Capital Improvement Fund for the Year Ended 2003 ........................................................................... 20 - 23 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for the Church of the Immaculate Conception (Knights of Columbus, 6831 Highway 65 N.E.)(Ward 2) .................................................. 24 - 25 6. Appointment — City Employees .......................................................................... 26 0 7. Claims ....................................................................................................... 27 8. Licenses ....................................................................................................... 28 - 39 FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2004 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes PUBLIC HEARING: 9. Consideration of an Ordinance Amending Section 7.02, Power of Taxation, of the Fridley City Charter (Continued April 26, 2004) ............................................................. 40 - 41 OLD BUSINESS: 10. First Reading of an Ordinance Amending Section 7.02, Power of Taxation, of the Fridley City Charter (Tabled April 26, 2004) ...........................................:........... 42 - 43 NEW BUSINESS: 11. Informal Status Reports ..................................................................................... 44 ADJOURN. 3 :. . ye :, �. .. .. .. � . . ' . �K+' t � . .. � �.� '� . MINUTES QF THE FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 2004 � . _ ;�� �- 3. . . - . . . . .. � :i . . � - . � •— � : . . . � , . �� ! ,' . � . .. ` e r.=� . . ' . . . .t"�''. . . . � ... 2'�� $.�v ti� . . � ' � . ' ��t, y .. � . ' . . _ :.} . CITY OF FRIDLEY CITY COUNCIL MEETING APRIL 26, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. MEMBERS ABSENT: None. PROCLAMATION: Mayor Lund presented a proclamation declaring May 14 and May 15, 2004, as Veterans' Buddy Poppy Days. Ms. Katie LaSota was present and accepted the proclamation on behalf of the VFW. APPROVAL OF THE PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Fridley Board of Review Meeting of April 12, 2004 Fridley City Council Meeting of April 12, 2004 APPROVED NEW BUSINESS: 1. Receive the minutes from the Planning Commission meeting of March 17, 2004. RECEIVED. 2. Receive bids and award the Woodside Court Improvement Project No. ST. 2004-2. FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 26, 2004 PAGE 2 Dr. Burns, City Manager, stated bids were received on Aprii 21, 2004. The bid from Magnum Company, LLC, one of ten bidders, was the low bid at $65,364.60. Staff recommends the bid be awarded to Magnum Company, LLC. All the costs will be charged back to the developer. RECEIVED BIDS AND AWARDED BID FOR THE WOODSIDE COURT IMPROVEMENT PROJECT NO. ST. 2004-2 TO MAGNUM COMPANY, LLC, IN THE AMOUNT OF $65,364.60. 3. Award contract for design and construction services for the replacement of the Marion Hills Standpipe. Dr. Burns, City Manager, stated that after interviewing several consultants, staff recommends the contract be awarded to Bolton & Menk, Inc., for engineering, construction and administrative services. The cost of these services is $75,000. The project should be designed this summer and demolition work on the existing tank should begin in September. An article on this subject was published in the April City newsletter. The project has been budgeted as a part of the 2004 Capital Improvements Plan. AWARDED CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES FOR THE REPLACEMENT OF THE MARION HILLS STANDPIPE TO BOLTON & MENK, INC., IN THE AMOUNT OF $75,000. 4. Appointment to Parks and Recreation Commission. Dr. Burns, City Manager, stated Council interviewed and recommended the appointment of Edward R. McDonald to the Parks and Recreation Commission. APPOINTED EDWARD R. McDONALD TO THE PARKS AND RECREATION COMMISSION. 5. Appointment — City Employees. Dr. Burns, City Manager, stated staff recommended the appointment of Kevin Mensch to the position of Public Services Worker-Streets. The position was vacated by Jeffrey Jensen who was promoted to street supervisor. Dr. Burns stated staff recommended the appointment of Robert Rewitzer to Captain in the Police Department, the position vacated by Don Abbott. Dr. Burns stated staff recommended the promotion of James Mork to Sergeant in the Police Department, the position va�ated by Robert Rewitzer. FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 26, 2004 PAGE 3 APPROVED THE APPOINTMENT OF KEVIN MENSCH AS PUBLIC SERVICES WORKER-STREETS; ROBERT REWITZER AS CAPTAIN IN THE POLICE DEPARTMENT AND JAMES MORK AS SERGEANT IN THE POLICE DEPARTMENT. 6. Ciaims. APPROVED CLAIM NOS. 116150 THROUGH 116322. 7. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom requested the following changes in the April 12, 2004 Council minutes: � On Page 8, second paragraph, correct the spelling for AI Stalberg to AI Stahlberg. On Page 9, the fifth paragraph should include her statement that other cities actually assess the whole street improvement back to the residents who live on that street and Fridley only assesses the concrete curb and gutter and was trying to keep it that way. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the proposed consent agenda with the corrections requested by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Billings, seconded by Councilmember Barnette, to adopt the agenda. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to delete Item 10 and substitute the appointment of an Appeals Commission member. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO DELETE ITEM 10 CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO ADOPT THE AGENDA DECLARED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 26, 2004 PAGE 4 OPEN FORUM (VISITORS): There was no response for the audience under this item of business. PUBLIC HEARING: 8. Consideration of an Ordinance Amending Section 7.02, Power of Taxation of the Fridley City Charter (Continued April 12, 2004). MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to reopen the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO REOPEN THE PUBLIC HEARING DECLARED UNANIMOUSLY. Nancy Jorgenson, 5730 Polk Street N.E., stated the correct notice for this hearing was in the April 22 issue of the Sun Focus, but it did not appear previously, so there is still one more week of notification required. Mr. Knaak, City Attorney, recommended that Council continue the public hearing. Mayor Lund stated that those present who wish to speak on this matter will be welcome to do so, even though the matter will be continued. Councilmember Bolkcom suggested the comments from the audience be limited to new information only. Francis Van Dan, 6342 Baker Avenue N.E., stated he fully supports the Charter amendment increase in sewer and water charges. There is a paragraph in Section 7.02 which should be rewritten or deleted because it is insulting. Many people gathered signatures for the referendum to place this on the ballot. A tax is a tax and a fee is a non-recurring payment which should cover the actual cost of the service. Peter Eisenzimmer, 6535 Oakley Drive, questioned why gas and electric franchise fees have been included in the amendment. This has to go back to the voters. One way or the other, he stated, this will go back to the voters if he has to go out and gather signatures. He does not think it is fair for the Council to make these changes. Councilmember Bolkcom asked if Council asked to have this matter on the agenda. Mr. Burns stated the proposal came from the Charter Commission. Mayor Lund explained that any change in the language of the amendment would have to come from the Charter Commission. FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 26. 2004 PAGE 5 Don Findell, 6850 Siverts Lane, stated the proposed language is not doing anything with the gas and electric franchise fees. All that is being done is to remove water, sanitary sewer and storm water from Subsection 7.02.3A and moving it to 702.3B. Mr. Eisenzimmer asked what the change was not written in the paper correctly so that people knew what was being done. He feels that Council should be able to pay the City's bills with the funds they have and should not continue adding taxes and fees. Any new fees or taxes should be handled as the Charter states. Greg Peterson, stated he is disappointed that the language was being changed. The City Charter has a provision to make up for any situation when fees need to be increased; there are five paragraphs in the City Charter explaining how the citizens of Fridley would like the City Council to proceed with raising fees. It appears that the City wishes to remove the reasonable constraints put in place by reasonable, rational people, after extreme deliberation and with collaboration including City staff and Council. He stated this is an egregious breach of the public trust and shows no respect for the constituents. The first step the Council should take is to follow what the City Charter says, to simply ask for a one-time increase in the fees where needed and give the people a chance to say yes or no. He thinks Council would be very surprised to find that the taxpayers are reasonable, rational people who know how to add. If the charges are necessary, they can figure that out. He also pointed out how successful school referendums have been. Mayor Lund stated Council and City staff are complying with the Charter as it now stands. He explained this item was brought to the Council by the Charter Commission. Mr. Peterson stated the Charter Commission brought forth what was requested of them by the City Manager. This is a perFectly legal procedure, he added, but it circumvents the provision of the Charter that the voters put in. He recommended Council send an increase question to the voters in November. Bill Holm, 7424 Melody Drive N.E., Charter Commission member, explained that the City Manager did come before the Charter Commission but was turned down in July. Mr. Holm stated he then brought up the issue again in October, and suggested that an open forum be held and the information provided to citizens. The adhoc committee fine tuned the language and a majority of that committee favored excluding utilities from the Charter amendmen# that was approved by the voters in 2000. However, that adhoc committee also agreed they would not change the language unless there was a consensus and since a consensus was determined to be a unanimous decision, utility charges were included. This was not something passed by the voters in 2000. The main focus in 2000 was on taxes and franchise fees. It is important that water and sewer be handled like a business. We do not expect Xcel Energy or Minnegasco to provide utilities at less than cost, nor should we expect the City to provide a utility at less than cost and incur a$500,000 burden. As the Charter now stands, if we go before the voters to increase fees, it requires a super majority. That is not like a school levy increase. It requires 51 % of everyone who votes in the election. There is about a 15% FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 26. 2004 PAGE 6 fall-out from the top of the ballot to items on the bottom where the Charter amendment would be. Ms. Jorgenson stated it is her understanding there is going to be an item on the ballot this fall for the Springbrook Nature Center. She added that she believes the Nature Center Foundation board members offered to assist the Council with getting the word to the voters about the utility increases. Mr. Peterson stated if the contention is the super majority vote required to increase the sewer and water fees, then that is the language that should have been forwarded to the Council. Mayor Lund stated any change in language has to come from the Charter Commission. Mr. Peterson stated he would encourage the Council to reject what the Charter Commission has submitted and ask them to address those specific concerns. Mr. Holm stated the information provided in the Charter amendment approved by the voters in 2000 included the reference to the super majority requirement. Therefore, the Charter Commission did not want to overrule what the voters had approved so they did not bring that matter to the Council. Mr. Findell stated when this amendment first came before the Charter Commission in 2000, he was opposed to it. He did not like the language at that time and he still does not. The reason he believes Council should be able to raise the water and sewer rates without going to the voters is because Subsection 7.02.3B includes water. The Charter Commission wanted to make sure it was perFectly clear, thus the amendment moving water, sanitary and storm water to Section B. Mr. Eisenzimmer commented that the recycling fees have continued to increase over the years and recommended that the City reduce the recycling pickups to every other week rather than every week. He also stated Medtronic has its own well and he questioned who is paying for their water that is going through the City sewer. Councilmember Billings stated if Medtronic does have a well, it is only used for irrigation. Mr. Pribyl explained that for any water that is sold or metered through the system there is a sewer charge that goes along with it. There is one commercial well in the City and that well has a meter on it. One of the things that Engineering and Finance has been concerned about is making sure that any users, commercial or residential, who are depositing water into the sewer system are actually paying for it. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to continue the public hearing until the May 24, 2004, City Council meeting. FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 26 2004 PAGE 7 Mayor Lund asked if this timeframe affects the ballot consideration. Mr. Pribyl stated he would have to take a look at that. Councilmember Bolkcom stated she would like to see the finro public hearing notices. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 9. First reading of an ordinance amending Section 7.02, Power of Taxation, of the Fridley City Charter. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to table the first reading of an ordinance amending Section 7.02 to May 24, 2004. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Appointment to Appeals Commission. Dr. Burns explained Council directed staff to contact Brad Sielaff regarding the Appeals Commission vacancy. Mr. Sielaff said he was interested and would be honored to be a member. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to appoint Brad Sielaff to the Appeals Commission. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Informal Status Reports There were no informal status reports. ADJOURNMENT: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn the City Council meeting. FRIDLEY CITY COUNCIL MEETING MINUTES OF APRIL 26, 2004 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:30 PM. Respectfully submitted, Rebecca Brazys Scott J. Lund Recording Secretary Mayor 1 . . . - . .. . � � _ 3~ . � .. � . . . . � � ;-a '�-. � . . . . . �:�' � . � ..i r,. ?: :. � % �� 4� . _ . . . �% 1 � �o"' . � . ' _ ' � } f z' . . . . � . . .. a i � � � R . . � ' . � - $ ,���',. MI1�tUTES OF THE FRIDLEY CTI'Y COUNCIL � ' " � t �4x SPECIAL MEETING i �.�� O� MAY 17, 2004 � � � ��< :t.. � ` y��; Y., F � . � � � � . � . \, , . ���� l: . �� � ':§. Y � #'. Y .� � � � . . . 3� , y_i..., ^ 4, . . . . . . . � . { � {. . . �. . �. :�, : •. - . . i` a CITY OF FRIDLEY SPECIAL CITY COUNCIL MEETING MAY 17, 2004 The special meeting of the Fridley City Council was called to order by Mayor Pro Tem Barnette at 6:06 p.m. ROLL CALL: MIEMBERS PRESENT: MEMBERS ABSENT: NEW BUSINESS: 1. Approve Claims. Mayor Pro Tem Barnette, Councilmember Billings, and Councilmember Bolkcom. Mayor Lund and Councilmember Wolfe. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to approve Claim Nos. 116323 through 116534. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to adjourn the Special City Council meeting. UPON A VOICE VOTE, ALL VOTING DECLARED THE MOTION CARRIED ADJOURNED AT 6:09 P.M. Respectfully submitted, Jon Haukaas Public Works Director/Recorder AYE, MAYOR PRO TEM BARNETTE UNANIMOUSLY AND THE MEETING Robert L. Barnette Mayor Pro Tem CITY OF FRIDLEY PLANNING COMMISSION MAY 5, 2004 CALL TO ORDER Chairperson Savage called the May 5, 2004, Planning Commission meeting to order at 7:30 p.m. ROLL CALL Members present: Barbara Johns, Larry Kuechle, David Kondrick, Diane Savage, Dean Saba, Leroy Oquist and Brad Dunham. Others present: Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Jay Windschitl, Tradition Homes John Capretz, 7335 East River Road Gerald Kangas, 5530 6th Street Doug Johnson, Tradition Homes APPROVE PLANNING COMMISSION MINUTES — March 17, 2004 MOTION by Mr. Saba, seconded by Mr. Oquist, to approve the March 17, 2004 Planning Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Preliminary Plat, PS #04-02, by John and Sandra Capretz, to divide one single family lot into two single family lots, generally located at 7335 East River Road NE. MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Stromberg explained the petitioners are seeking to replat this property into two single family lots. The existing home was built prior to 1949 and is located on the southern portion of the lot. The existing lot is approximately 170 feet by 234 feet, which is 39,780 square feet. The petitioner plans to subdivide the lot into 2 single family lots, one of which will accommodate the existing home and the other will allow for the construction of a new single-family home. Ms. Stromberg stated the Fridley city code requires that lots in the R-1 district be a minimum of 75 feet in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be 75 feet in width and 16,790 square feet in size after the replat. The proposed Lot 2 will be 93.44 feet in width and 22,600 square feet in size after the replat. Ms. Stromberg stated that City staff received comments from Anoka County regarding this replat on May 3, too late to incorporate their comments in the member's packets for tonighYs meeting, but their comments have been added as required stipulations. Anoka County has PLANNING COMMISSION MEETING MAY 5 2004 PAGE 2 determined that a single wide driveway is not acceptable, therefore stipulation #9 has been modified and stipulations 10, 11 and 12 have been added. Ms. Stromberg stated that City staff recommends approval of this plat request with the following stipulations as the lots meet the minimum requirements and it provides additional home ownership opportunities for Fridley residents. Ms. Stromberg stated that staff recommends that if the preliminary plat is approved, the following stipulations be attached: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. 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. 4. Property owner of record at time of building permit application shalt obtain a permit from Anoka County for any work done within the county right-of-way. 5. Petitioner to properly maintain Lot #1 until sale occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. 9. Each property shall have there own access onto East River Road, defined and separated with B6-18 curb drops and aprons. 10. Access to Lots 1 and 2 shall be made within 30 feet of their common property lines. 11. Property owner of record at time of building permit application to obtain residential access permit from Anoka County Highway Department for the new access to Lot 1. 12. Each property shall be accessed through proper, legal driveways. Mr. Oquist questioned what would happen if Anoka County denies a second access to East River Road. Ms. Stromberg responded that the staff received a letter from Anoka County stating that each lot must have their own driveway, so they have to grant the second lot access. Mr. Kondrick asked who would be responsible for the cost of the second driveway. Ms. Stromberg stated the new property owner would be responsible for the cost of the new d riveway. Mr. Oquist asked if there are any issues with the existing driveway. Ms. Stromberg explained that the existing driveway will need to be moved because it is currently over the property line. Chairperson Savage asked if the staff had heard any comments from neighbors. Ms. Stromberg stated they have not. Mr. Kondrick asked if the property owner is aware that he has to move his driveway. 2 PLANNING COMMISSION MEETING, MAY 5, 2004 PAGE 3 Ms. Stromberg replied that she contacted the petitioner and made him aware of this. Petitioner, John Capretz, was present and stated he agrees with the stipulations as presented. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNAMINOUSLY AND THE PUBLIC HEARING CLOSED AT 7:44 P.M. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend to the City Council approval of preliminary plat request, PS #04-02, by John and Sandra Capretz, to divide one single family lot into two single family lots, generally located at 7335 East River Road, with the stipulations as presented: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. 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. 4. Property owner of record at time of building permit application shall obtain a permit from Anoka County for any work done within the county right-of-way. 5. Petitioner to properly maintain Lot #1 until sale occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. 9. Each property shall have there own access onto East River Road, defined and separated with B6-18 curb drops and aprons. 10. Access to Lots 1 and 2 shall be made within 30 feet of their common property lines. 11. Property owner of record at time of building permit application to obtain residential access permit from Anoka County Highway Department for the new access to Lot 1. 12. Each property shall be accessed through proper, legal driveways. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING Consideration of a Preliminary Plat, PS #04-03, by Jay Windschitl, Tradition Homes, Inc. to allow the construction of a four-plex on the property generally located at 5541 5'n Street NE. MOTION by Mr. Oquist, seconded by Mr. Sabo, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION TO OPEN THE PUBLIC HEARING CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:48 P.M. Ms. Stromberg explained that Jay Windschitl, of Tradition Homes, Inc., is requesting to replat the property located at 5541 5th Street to create 5 separate lots from part of Lot 26 and Lots 27, 3 PLANNING COMMISSION MEETING MAY 5 2004 PAGE 4 28, and 29, Block 7, Hamiltons Addition to Mechanicsville, in order to construct a 4 unit owner- occupied town-home development. Ms. Stromberg stated that the property is zoned R-3, Multi-Family, as are all surrounding properties. A wrecking permit was issued in 2002 to remove the home and garage, both of which were constructed prior to 1951. The property as it exists today is vacant. Ms. Stromberg stated that the City code requires that lots in the R-3, Multi-Family zoning district, have a minimum lot area of 15,000 square feet for a four unit dwelling. The subject property is 19,007 square feet which exceeds the minimum requirements. The proposed town-home development also meets all setback and lot coverage requirements. Ms. Stromberg stated that City Staff recommends approval of this preliminary plat request as it provides additional housing opportunities for Fridley residents, with the following stipulations: 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick on building elevations shall be extended up to the banding element above the garages (shown on submitted elevations). 4. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 5. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 6. Individual services will be required for each unit. 7. Petitioner shall provide easements as shown on preliminary plat. 8. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 9. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 10. Association documents to be filed with final plat. 11. A Development Agreement outlining the Developer's obligation to insta�l utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. Mr. Saba asked if these town-homes will be owner occupied. Ms. Stromberg replied that yes, they will all be owner occupied. Chairperson Savage asked if the staff has received any comments about this proposal. Ms. Stromberg stated the staff received one call from a neighbor who was inquiring about the height of the structure and she had drainage concerns. Staff explained to her that the grading and drainage plans are reviewed and approved by the city engineering staff. Ms. Johns asked if, in developments such as this, the residents are required to keep their garbage and recycling bins inside the garage. Ms. Stromberg explained that they are allowed to store them in the side yard. On this site, 5tn Street is the front yard for the whole development because that is where their main access is. � PLANNING COMMISSION MEETING, MAY 5, 2004 PAGE 5 Mr. Kuechle asked if the four lots are underneath the buildings themselves and the fifth tot is the common area. Ms. Stromberg stated that is correct. Mr. Kondrick asked what is the height of the structure. Mr. Windschitl, petitioner, stated the building is 36.5 feet tall which meets the city ordinances. He also stated he has no objections to the stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARIND CLOSED AT 7:54 P.M. MOTION by Mr. Sa6a, seconded by Mr. Kondrick, to recommend to the City Council approval of preliminary plat request, PS #04-03, by Jay Windschitl, Tradition Homes Inc., to allow the construction of a 4-plex on the property, generally located at 5541 5th Street NE, with the following stipulations: 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick on building elevations shall be extended up to the banding element above the garages (shown on submitted elevations). 4. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 5. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 6. Individual services will be required for each unit. 7. Petitioner shall provide easements as shown on preliminary plat. 8. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 9. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 10. Association documents to be filed with final plat. 11. 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. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. RECEtVE THE MINUTES OF THE MARCH 4. 2004 HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Oquist, seconded by Mr. Saba to accept the March 4 Housing and Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5 PLANNING COMMISSION MEETING MAY 5 2004 PAGE 6 2. RECIVE THE MINUTES OF THE MARCH 24 2004 APPEALS COMMISSION MEETING. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to accept the March 24 Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE APRIL 20 2004 ENVIRONMENTAL QUALITY & ENERGY COMMISISON MEETING. MOTION by Ms. Johns, seconded by Mr. Oquist, to accept the April 20 Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE APRIL 1 2004 HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Kondrick, seconded by Mr. Oquist to accept the April 1 Housing and Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APRIL 5 2003 PARKS AND RECREATION COMMISSION MEETING. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to accept the April 5 Parks and Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the next Planning Commission meeting is scheduled for May 12, 2004 and the June 2, 2004 Plan Commission meeting has been cancelled. ADJOURNMENT: MOTION by Mr. Keuchle, seconded by Mr. Oquist, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION TO ADJOUR CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 7:58 PM. � PLANIVING COMMISSION MEETING, MAY 5, 2004 PAGE 7 - RespectfuTiy submitted, .- > � ,.__�.,,.� ' `_w f�,r .��,�� �' C:°'f - - �.` Ret�ecca Brazys = `Recording Secretary _ . . ....._..�. i :.�% .�`G'" � -- ,� �� ;l� � AGENDA ITEM �` CITY COUNCIL MEETING OF MAY 24, 2004 CRY OF FRIDLEIf Date; May 6, 2004 To: William Burns, City Manager � �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #04-02, John Capretz M-04-64 INTRODUCTION The petitioners, John and Sandra Capretz are seeking to replat the property located at 7335 East River Road into 2 single-family lots. When the City receives a plat request along a County right-of-way, the City needs to receive comments/stipulations from the County regarding that plat. City staff received comments from Anoka County on Monday, May 3, 2004, after the planning packets had already gone out to the Commissioners. The County's comments have since been added as required stipulations, therefore, stipulation #9 has been modified and stipulations #10, 11, and 12 have been added. PLANNING COMMISSION RECOMMENDATION At the May 5, 2004, Planning Commission meeting, a public hearing was held for PS #04-02. After a brief discussion, the Planning Commission recommended approval of plat request, PS #04-02, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. 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. 4. Property owner of record at time of building permit application shall obtain a permit from Anoka County for any work done within the county right-of-way. 5. Petitioner to properly maintain Lot #1 until sale occurs. :. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. 9. Each property shall have there own access onto East River Road, defined and separated with B6-18 curb drops and aprons. 10.Access to Lots 1 and 2 shall be made within 30 feet of their common property lines. 11. Property owner of record at time of building permit application to obtain residential access permit from Anoka County Highway Department for the new access to Lot 1. 12. Each property shall be accessed through proper, legal driveways. �'7 City of Fridley Land Use Application PS O4-02 May 5, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: John and Sandra Capretz 7335 East River Road Fridley MN 55432 Requested Action: Plat Purpose: To create 2 single family lots from one existing large single family lot Existing Zoning: R-1 Single Family Residential Location: 7335 East River Road Size: 39,673 sq. ft. .91 acres Existing Land Use: Single Family home Surrounding Land Use & Zoning: N: Vacant lot & C-1 E: Railroad Tracks & RR S: Single family home & R-1 W: Single family home & R-1 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Each lot will meet or exceed the City's minimum lot size standard. Zoning History: 1941 - Lot is platted. House was built pre-1949. Legal Description of Property: Lot 19, except the south 180 feet, Revised Auditor's Subdivision #77. Public Utilities: Located near property. Transportation: Homes will be accessed from East River Road. Physical Characteristics: Flat, tree-covered lot. SUMMARY OF REQUEST The petitioners, Mr. and Mrs. Capretz are seeking to replat the property located at 7335 East River Road to create 2 single family lots. SUMMARY OF ANALYSIS City Staff recommends approval of this plat request. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. • Provides additional homeownership opportunities for Fridley residents CITY COUNCIL ACTION/60 DAY DATE City Council — May 24, 2004 60 Day Date — May 31, 2004 10 Existing Nome Staff Report Prepared by: Stacy Stromberg PS #04-02 Analvsis The petitioners, John and Sandra Capretz are seeking to replat the property located at 7335 East River Road into 2 single-family lots. The existing home was built prior to 1949 and is located on the southern portion of the lot. The existing lot is approximately 170 ft. by 234 ft, which is 39,780 square feet. The petitioner plans to sub-divide the lot into 2 single family lots, one of which will accommodate the existing home and the other will allow for the construction of a new single-family home. Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be 75 feet in width and 16,790 square feet in size after the replat. The proposed Lots #2 will be 93.44 feet in width and 22,600 square feet in size after the replat. Southern portion of the lot 11 Northern portion of the lot Staff Recommendation City Staff recommends approval of fhis plat request, with stipulations. • Lots exceed minimum size requirements. • Provide additional homeownership opportunities for Fridley residents. Stipulations City Staff recommend that the following stipulations be placed upon approval of this request. 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. 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. 4. Property owner of record at time of building permit application shall obtain an Anoka County Highway Department permit for curb cut. 5. Petitioner to properly maintain Lot #1 until sale occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 12 8. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. 9. Petitioner to sign a shared driveway agreement or meet all setback and code requirements for each driveway. 13 � � CffY OF FRIdLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 24, 2004 Date: May 6, 2004 To: William Burns, City Manager hl'�� A, From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #04-03, Jay Windschitl, Tradition Homes Inc. M-04-63 INTRODUCTION Jay Windschitl, of Tradition Homes, Inc. is requesting to replat the property located at 5541 5th Street, to create 5 separate lots from part of Lot 26 and Lots 27, 28, and 29, Block 7, Hamiltons Addition to Mechanicsville, in order to construct a 4-unit owner occupied town home development. PLANNING COMMISSION RECOMMENDATION At the May 5, 2004, Planning Commission meeting, a public hearing was held for PS #04-03. After a brief discussion, the Planning Commission recommended approval of plat request, PS #04-03, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick on building elevations shall be extended up to the banding element above the garages. (Shown on submitted elevations) 4. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 5. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 6. Individual services will be required for each unit. 7. Petitioner shall provide easements as shown on preliminary plat. 14 8. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 9. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 10. Association documents to be filed with final plat. 11. 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. 15 City of Fridley Land Use Application PS-04-03 _ May 5, 2004 GENERAL INFORMATION Applicant: Tradition Homes Inc. Jay Windschitl 3680 152"d Lane Andover MN 55304 Requested Action: Replat property to accommodate a 4-unit town home development. Existing Zoning: R-3, General Multiple Units Location: 5541 5th Street Size: 19,007 sq. ft. .44 acres Existing Land Use: Vacant lot Surrounding Land Use & Zoning: N: Single Family Home & R-3 E: Single Family Home & R-3 S: 694 Service Road & ROW W: Single Family Home & R-3 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condominium apartments are a permitted use in the R-3 zoning district. Zoning History: 1886 — Lot platted House built pre-1949 1951 — Garage & Porch built. 2002 — Wrecking permit issued to removed house and garage. Legal Description of Property: Lot 27, 28, 29, and part of Lot 26, Block 7, Hamiltons Addition to Mechanicsville. Public Utilities: Located at the property. Transportation: Town homes will be accessed from 5th Street and the 694 Service Road. SPECIAL INFORMATION Physical Characteristics: Vacant lot, overgrown lawn and trees. SUMMARY OF REQUEST Petitioner, Jay Windschitl of Tradition Homes Inc., is requesting to replat the property located at 5541 5th Street to allow for the construction of a 4-unit town home development. SUMMARY OF ANALYSIS City Sfaff recommends approval of this preliminary plat request, with stipulations. • Provides additional housing opportunities for Fridley residents. CITY COUNCIL ACTION / 60 DAY DATE City Council — May 24, 2004 60 Day — May 31, 2004 16 Vacant Lot (Photo taken from the west) Staff Report Prepared by: Stacy Stromberg PS #04-03 REQUEST Jay Windschitl, of Tradition Homes, Inc. is requesting to replat the property located at 5541 5th Street, to create 5 separate lots from part of Lot 26 and Lots 27, 28, and 29, Block 7, Hamiltons Addition to Mechanicsville, in order to construct a 4-unit owner occupied town home development. ANALYSIS The subject property is zoned R-3, Multi-Family, as are all surrounding properties. A wrecking permit was issued in 2002 to remove the home and garage, both of which were constructed prior to 1951. The property as it exists today is vacant. City Code requires that lots in the R-3, Multi-Family zoning district have a minimum lot area of 15, 000 square feet for a four unit dwelling. The subject property is 19,007 square feet, which exceeds the minimum requirements. The proposed town home development also meets all setback and lot coverage requirements. Vacant Lot (Photo taken from the south) 17 Staff Recommendation City Staff recommends approval of this preliminary plat request, with stipulafions. • Provides additional housing opportunities for Fridley residents. Stipulations City Staff recommends that the following stipulations be placed upon approval of this request. 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick on building elevations shall be extended up to the banding element above the garages. (Shown on submitted elevations) 4. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 5. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 6. Individual services will be required for each unit. 7. Petitioner shall provide easements as shown on preliminary plat. 8. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 9. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 10. Association documents to be filed with final plat. 11. 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. : uu u.. uu .... ���■ /��■ ■��■ ■��■ nu uu uu uu nu un uu nn �_� �`i■■ ■', ■ ■ ■ �■�■ �'��■ •���■ I..■� _ i'i � ■ ...� _ �...�_ ■■i■ ■■.� _ ■' � � ■ � ■''��■ ■■■ u■ ■�■ ■u Iuu �u1 Im� _ ■m -- �� �� �__� I���� ■■■� l■.■� un ■u ■u ■�■ ■u �'■�� I■■■� ■ ■ � ■ u�i ■��■ �...� _- ■' ■ � ■ ...� -_ - -■'■■■ = ■'���■ .�� �_.� ■ ���■ �'��■ �-_�� .��': �i i"'�;;iii�, �, -- ��:_; ■�■■ �ii��� I������ � �■ ■ ��; � � r--- ������� ������I ��i���i ��� ■���a�� i ������� II I II� I',91_i�� �li��fi ����������� �j���j� 1 Illlllli'.III I. ���1��� � � ,���;�� I����� � a a�,�a� �j -��� a � ' • '���� i�� i���� ''�'� ',���� —'��— i���� a �j��� i���� �a��li �!���� �����a� ;�'�.IP.i;I';11'JI���'1111�. a•� ■ I'�I��'IIIIII a��aa�� ���j'�� ■ �;lll�!II Iif�i?I�II��III II ��ii��� � � ■��� �� i���� �`,����� ����� ���1� !���� ' 'i��� �'���� ��■ '��■� ��: 'i���� �': ; 1111111111111 , 11111111111 � � ����� '���� ���� .�II I I����� �'� �I ����������� li; li "'I�� III �� �'��� ', i �'����� i',. � i. � � � � � ! II��■■I II� �� '',.Illil '�i!�ui!n I� ��i ����� �� �: ' ���� ���� ;���� �'�a� ''���� I� ���.�� �'����� ���,��� L���� ��■ ��■ , �i n I�i i[_ ��i���i ,���,�� IIII'�II�III' ■�� ��� �la�ila '��.IIIIII lil Illlfi '��� � �!a�� �,� � �1��� ����� �� '� i���� ����� ���� l��a j���� ��� i����. I' i �I ili m ��i ii i iu ii I': 1111111111111 � �: �� � I I"le' I I"� I' ..__ � � � ', � � � ��������� ��������� � ❑ � � ���� ���� �❑�� ���� � � � � � � � � �❑�L ���� � a GTY OF FRIDLEY t�C��1 �� AGENDA ITEM COUNCIL MEETING OF MAY 24, 2004 WILLIAM W. BURNS, CITYMANAGER +�� � RICHARD D. PRIBYL, FINANCE DIRECTOR '�'`� SUBJECT: FINAL CHANGES INAPPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDSAND CAPITAL IMPROVEMENT FUND FOR THE YEAR ENDED DECEMBER 3l, 2003 DATE: May 18, 2004 Attached you will find the final changes in the appropriations to the budget for the year ended December 31, 2003. These changes are similar to those that we have brought to Council this time of year for the past number of years as we prepare to publish the City of Fridley's Annual Financial Report. These changes are in keeping with Chapter 7 of the City Code. The majority of the changes are based on departmental initiatives that have caused an increase in efficiency of the department or a better delivery of service to our customers. The changes to the General Fund are occurring either from within departmental budgets or drawing from the Emergency Reserve. In no case is this increasing the overall General Fund Budget. The changes that are shown in a few of the Special Revenue Funds are because these are funds that traditionally have not been established as part of the normal budgeting process due to the unknown aspect of each of their activities. As you review the changes, be aware that any number shown as a negative number, is a source of funds for money that is being transferred to another area, or the positive numbers. Staff's recommendation is for the City Council to pass the attached resolution and complete the budget cycle for 2003. 20 RESOLUTION NO. — 2004 A RESOLUTION AUTHORIZING FINAL CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS, AND CAPITAL IMPROVEMENT FUND FOR THE YEAR ENDED 2003 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modiiications that will allow for a better delivery of services, 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 General Fund, Special Revenue Funds, and Capital Improvement Fund budgets for the following divisions be amended as follows: APPROPRIATION ADJUSTMENTS CITY MANAGER HUMAN RESOURCES ACCOUNTING MIS P.WORKS/LIGHTING P.WORKS/STREETS RECREATION NATURE CTR _ BUILDING INSPECTION PLANNING NONDEPARTMENTAL TOTAL APPROPRIATION ADJUSTMENTS GENERAL FUND PERSONAL SERVICES PERSONAL SERVICES SUPPLIESiCHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES 21 ($6,876) ELIMINATE NEGATIVE VARIANCE 16,008 ELIMINATE NEGATIVE VARIANCE (9,132) ELIMINATE NEGATIVE VARIANCE (1,865) ELIMINATE NEGATIVE VARIANCE 1,865 ELIMINATE NEGATIVE VARIANCE 1,447 ELIMiNATE NEGATIVE VARIANCE (1,447) ELIMINATE NEGATIVE VARIANCE 5,665 ELIMINATE NEGATIVE VARIANCE (12,412) ELIMINATE NEGATIVE VARIANCE 6,747 ELIMINATE NEGATIVE VARIANCE (7,495) ELIMINATE NEGATIVE VARIANCE 8,927 ELIMINATE NEGATIVE VARIANCE (1,432) ELIMINATE NEGATIVE VARIANCE 2,192 ELIMINATE NEGATIVE VARIANCE 9,276 ELIMINATE NEGATIVE VARIANCE (2,192) ELIMINATE NEGATIVE VARIANCE (9,216) ELIMINATE NEGATIVE VARIANCE 21,037 ELIMINATE NEGATIVE VARIANCE 21,037 ELIMINATE NEGATIVE VARIANCE $0 CABLE N FUND APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS GRANT MANAGEMENT FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS HRA REIMBURSEMENT FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS DRUG/GAMB�ING FORFEITURE FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS F.C.C. DONATIONS FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS CAPITAL IMPROVEMENT FUND APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS SPECIAL REVENUE FUNDS PERSONAL SERVICES $5,271 ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES 5,271 ELIMINATE NEGATIVE VARIANCE $0 INTERGOVERNMENTAL $480,781 ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES ($47,732) ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES 528,513 ELIMINATE NEGATIVE VARIANCE $480,781 INTERGOVERNMENTAL $25,476 UNBUDGETED ACTIVITY SUPPLIES/CHARGES $25,476 UNBUDGETED ACTIVITY FINES AND FORFEITS $12,835 UNBUDGETED ACTIVITY SUPPLIES/CHARGES $12,042 UNBUDGETED ACTIVITY INVESTMENT INCOME $1,462 UNBUDGETED ACTIVITY SUPPLIES/CHARGES $1,882 UNBUDGETED ACTIVITY CAPITAL PROJECT FUNDS SUPPLIES/CHARGES $19,877 ELIMINATE NEGATIVE VARIANCE CAPITAL OUTLAY 1( 9,8T7) ELIMINATE NEGATIVE VARIANCE $0 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 2004. 22 ATTEST: DEBRA A. SKOGEN - CITY CLERK 23 SCOTT J. LUND - MAYOR � f � CIT1( OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF MAY 24, 2004 William W. Burns, City Manager � �� Richard D. Pribyl, Finance Director Deb Skogen, City Clerk May 19, 2004 Church of Immaculate Conception Permit Renewal — Knights of Columbus, 6831 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Church of the Immaculate Conception is currently conducting charitable gambling at four locations, one of which is at the Knights of Columbus, 6831 Highway 65 NE. Their Charitable Gambling Premise Permit expires on June 30, 2004. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective July 1, 2004 and expire June 30, 2006. Upon contacting the Minnesota Gambling Control Board (GCB) to find out if there were any problems or ongoing investigations, staff learned that a Compliance Review had been completed on March 19, 2004. The GCB staff said that although there were serious reporting errors, the errors were at the other locations and they have corrected the problems. At this time the GCB sees no other difficulties with their license. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 24 RESOLUTION NO. - 2004 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PRENIISE PERMIT FOR CHURCH OF THE IMMACULATE CONCEPTION KNIGHTS OF COLUMBUS, 6831 HIGHWAY 65 NE WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Church of the Immaculate Conception; and WHEREAS, the location of the Premise Permit is for the Knights of Columbus, 6831 Highway 65 NE, and will be effective from July 1, 2004 to June 30, 2006; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Church of Immaculate Conception, located at the Knights of Columbus 6831 Highway 65 NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK 25 SCOTT J. LUND - MAYOR � � CfTY OF FRIDLEY Name Rebecca Brazys Gina Saucededo AGENDA ITEM COUNCIL MEETING OF MAY 24, 2004 APPOINTMENT Position Lic'ing & Records Technician Non-exempt Patrol Officer Non-exempt Starting SalaN $14.84 per hour $16.92 per hour (2003 contract) �� Starting Date Replaces May 03, Jane 2004 Oster June 1, James 2004 Mork � � AGENDA ITEM f COUNCIL MEETING OF MAY 24, 2004 CIT1f OF FRIDLEY CLAIMS 116537 -116728 2� � AGENDA ITEM �` CITY COUNCIL MEETING OF MAY 24, 2004 cxrr oF LICENSES FRIDLEY Tvue of License � Approved By: FOOD Pizza Flame 317 Osborne Rd. Fridley, MN 55432 CARNIVAL Gold Star Amusement, Inc. PO Box 48057 Coon Rapids, MN 55448 Dennis Waisaner, Jr Connie Featherston LAWFUL GAMBLING — TEMPORARY Tamarisk Resources, Inc. Mary Muirhead 1282 Mississippi St. NE Fridley, MN 55432 Springbrook Nature Center PO Box 32722 Fridley, MN 55432 Malcolm Mitchell FOOD SALES — TEMPORARY Fridley `49er Days Richard Taulelle 6120 Trinity Dr. NE Fridley, MN 55432 STREET VENDING - TEMPORARY Matt Milner Sales Gerald Johnson 1298 52"a Av NE Fridley, MN 55432 Community Development Fire Inspector Public Safety Director Public Safety Director Fire Inspector Building Inspector City Clerk Public Safety Director City Clerk Public Safety Public Safety Director Fire Inspector Planning Assistant City Clerk Public Safety Director Parks Directar 3.2% MALT LIQUOR CONSUMPTION — TEMPORARY Lions Club of Fridley Craig Gordon Public Safety Director 6140 Trinity Dr. NE Fridley, MN 55432 Fridley Wrestling Boosters 7800 Pearson Way Fridley, MN 55432 Todd Christenson : Public Safety Director 0 LICENSES (CONTINUED) Type of License � Approved Bv: TOBACCO SALES/MANAGERIAL LIQUOR DISPENSING Minnesota Sports Cafe Steve Douglas Community Development 7651 North Hwy 65 Fire Inspector Fridley, MN 55432 Public Safety Director MANAGERIAL LIQUOR DISPENSING Joe DiMaggio's Sports Bar Robert Vespa Public Safety Director 1298 E Moore Lake Dr Fridley, MN 55432 29 City of Fridley AGENDAITEM City Council Meeting Of Monday, May 24, 2004 � Blacktopping Earth Wizards Inc. 1071 Hwy 10 STE 150 Stacy Anderson Spring Lake Park MN 55432 Lino Lakes Blacktop Inc. 510 Lilac St Tom Ramsden Lino Lakes MN 55014-1053 Electrical Arctic Electric Inc 2632 8 Ave N Mark Lindberg Anoka MN 55303- Highland Electric Co. Inc 2030 St Clair Ave Elizabeth Bartlett St Paul MN 55105-1100 Parsons 5960 Main St NE Bill Olson Fridley MN 55432-5480 Gas Services Affordable Air & Heating Co. 4030 Hayes St NE John Lang Columbia Heights MN 55421- Air Comfort Heating 8� Air Conditioning 19170 Jasper St Jim Hazeman Anoka MN 55303- Boiler Services Inc 10327 Flanders St NE Tom Marchessault Blaine MN 55449-5711 30 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official State of M N State of M N State of M N Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � � CenterPoint Energy/Minnegasco 13562 Central Ave NE Steve Trutwin Anoka MN 55304- Flare Heating � Air Conditioning 9303 Plymouth Ave N Pat Surprison Golden Valley MN 55427- Harris Companies Inc 909 Montreal Cir Kay Sellman St Paul MN 55102 LBP Mechanical Inc 315 Royalston Ave N Timothy Hayes Minneapolis MN 55405-1535 Marsh Heating & Air Conditioning 6248 Lakeland Ave N Kelly Marsh Brooklyn Park MN 55428-2937 Northland Mechanical Contractors Inc 2900 Nevada Ave N Richard Tieva New Hope MN 55427 P 8� H Services Co Inc 1601 67 Ave N David Steffens Brooklyn Center MN 55430-1743 Residential Heating 8 Air 1815 E 41 St STE A Dean Kolner Minneapolis MN 55407-3425 Snell Mechanical Inc 8850 Wentworth Ave S Earl Snell Bloomington MN 55420- Standard Heating � Air Cond Co 410 West Lake St Dave Metnick Minneapolis MN 55408-2998 31 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � General Contractor-Commercial Anoka County Parks 550 Bunker Lake Blvd NW Mike Jacobson Andover MN 55304- Bainey Group 14700 28 Ave N STE 30 Gordon Johnson Plymouth MN 55447-4884 Bluebird Construction LLC Box 623 Jay Dunham West Fargo ND 58078-0623 Card Construction Co 644 Brookside Lane Joseph Card Mendota Heights MN 5511& Cave 8 Associates LTD 2489 Rice St #40 Craig Ankrum Roseville MN 55113-3723 Cottonwood Construction Inc (20062928) 9240 Cottonwood Lane N Tom Loeffler Maple Grove MN 55369- Dahlke Trailer Sales Inc 8170 Hickory St NE Greg Welcome Fridley MN 55432- Dalsin John A 8� Son Inc 2830 20 Ave S brian Bargsten Minneapolis MN 55407- EFH Company 2999 W Co Rd 42 #206 Mike Whalen Bumsville MN 55306 Georgetown Court Apts 5750 East River Rd NE Maurice Filister Fridley MN 55432- 32 Approved By: Ron Julkowski Building Official Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official . s . � Property Services 1432 Pascal St N Kevin Martinson St Paul MN 55108- R� N Roofing Construction Inc 2555 Countryside Dr Steven Schnebly Long Lake MN 55356- Rayco Construction Inc 3801 5 St NE Stacy Meyers Columbia Heights MN 55421- Sela Roofing 8� Remodeling 4100 Excelsior Blvd Paz Sela St Louis Park MN 55416- Westin Construction Co 10828 Nesbitt Ave S Terry Sorenson Bloomington MN 55437- General Contractor-Residential AI-Ko Home Improvement (1927) 8090 4 Ave AI Kopecky Lino Lakes MN 55014- Carlson Roofing 8� Remodeling (20287533) 533 79 Avenue NE Brian Carlson Spring Lake Park MN 55432- Chaska Siding 8� Remodeling Inc (8122) 1710 Highwood Dr James Farrington Chaska MN 55318- Columbus Exteriors Inc (3509) 2131 111 Ln NW Larry Columbus Coon Rapids MN 55433 Dan Bar Homes LTD (20046584) 2708 Crestwood Cir Daniel Bartus Hopkins MN 55305- 33 Approved By: Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of M N State of M N State of M N State of MN � Egress Window Systems (20311514) 5932 53 Ave S STE C Terry Leabo Fargo ND 58104- Franzen Construction Co (2744) 4250 5 St NE Robert Franzen Columbia Heights MN 55421-2860 Gallagher Construction Inc 24 7 Avenue NE Michael Gallagher Osseo MN 55369- Gassen Company Inc (20009494) 7275 Bush Lake Rd Terry Holm Edina MN 55439- Giertsen Companies (1796) 2010 E Center Circle STE 400 Kevin Giertsen Plymouth MN 55441- Grayhawk Builders (20174611) 3020 Centerville Rd Todd Shely Little Canada MN 55117-1105 Haram Restoration (20247730) 8013 6 St NE Cheri Haram Minneapolis MN 55432- Helmstetter Roofing Co (20061965) 3225 33 Ave S Dennis Helmstetter Minneapolis MN 55406- Ideal Construction Inc (4240) 12621 Tyler Cir Blair George Blaine MN 55434- Imperial Siding � Remodeling (8510) 140 Hudson Ave N Michael Morgan Big Lake MN 55434- � Approved Bv: State of M N State of MN State of M N State of M N State of M N State of M N State of M N State of MN State of M N State of M N . . � LaMill Construction (20168720) 5921 Otterview Trl William LaBelle White Bear Lake MN 55110- Manufactured Housing Specialists (20270277) 13835 Johnson St NE Mike Weber Ham Lake MN 55304 Minnesota Exteriors Inc (2877) 8600 Jefferson Hwy PO Box 266 James Heideman Osseo MN 55369-0266 MN Superior Exteriors (20219220) 1048 B Payne Ave N Troy Olson St Paul MN 55101- Osbome Builders Inc 0332034) 5869 Hackmann Ave NE John Osbome Fridley MN 55432 Pixley Jack Sweeps Inc (20183369) 4179 149 Ave NW Jack Pixley Andover MN 55304- PMJ Group Inc (20139308) PO Box 43243 Michael Juaire Brooklyn Park MN 55443- Precision Home Improvement Inc (20318466) 2224 E 117 St Michael Wanous Bumsville MN 55337- Pro-Tec Exterior Solutions (20335584) 9706 State Hwy 95 Carl Tomek Princeton MN 55371-6138 Rosenquist Construction Inc (20340250) 2514 24 Ave So Jeff Rosenquist Minneapolis MN 55406 35 Approved By: State of MN State of M N State of MN State of M N State of MN State of M N State of MN State of M N State of MN State of MN � Sela Roofing 8 Remodeling Inc {1050) 4100 Excelsior Blvd Paz Sela St Louis Park MN 55416-4727 Sunstate Concepts Inc (20067204) 2910 Waters Rd Ste 110 Jon Mahan Eagan MN 55121- Temo Sunrooms of MN (20321887) 1983 Sloan PI STE 15 Robert Maietta Maplewood MN 55117- Vamo T 8� Son Builders (20244458) 1866 W Co Rd C2 Thomas Vamo Roseville MN 55113- Heatinq Affordable Air 8� Heating Co 4030 Hayes St NE John Lang Columbia Heights MN 55421- Air Comfort Heating 8� Air Conditioning 19170 Jasper St Jim Hazeman Anoka MN 55303- Boiler Services Inc 10327 Flanders St NE Tom Marchessault Blaine MN 55449-5711 Flare Heating 8� Air Conditioning 9303 Plymouth Ave N Pat Surprison Golden Valley MN 55427- Harris Companies Inc 909 Montreal Cir Kay Sellman St Paul MN 55102- Kevins Heating 8� Cooling Inc 6474 20 Ave S Kevin Hopp Hugo MN 55038- 36 Approved By: State of MN State of MN State of M N State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official . � � LBP Mechanical Inc 315 Royalston Ave N Timothy Hayes Minneapolis MN 55405-1535 Marsh Heating & Air Conditioning 6248 Lakeland Ave N Kelly Marsh Brooklyn Park MN 55428-2937 Northland Mechanical Contractors Inc 2900 Nevada Ave N Richard Teva New Hope MN 55427 P� D Mechanical Contracting Co 4629 41 Ave N Bill Daugherty Robbinsdale MN 55422- P 8� H Services Co Inc 1601 67 Ave N David Steffens Brooklyn Center MN 55430-1743 Quality Refrigeration 6237 Penn Ave S#100 Robert Forder Richfield MN 55423- Residential Heating 8� Air 1815 E 41 St STE A Dean Kolner Minneapolis MN 55407-3425 Snell Mechanical Inc 8850 Wentworth Ave S Ea�1 Snell Bloomington MN 55420-' Standard Heating � Air Cond Co 410 West Lake St Dave Melnick Minneapolis MN 55408-2998 Mobile Home Installer Manufactured Housing Specialist Inc 13835 Johnson St NE Shelly Lubrant Ham Lake MN 55304- 37 Approved By: Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN � Movinq Swift House Moving 8� Heavy Machinery Inc 16138 149 St NE Bob Swift Big Lake MN 55309- Plumbinq Anderson James Plumbing Inc 5525 Ambassador Blvd Jamie Anderson St Francis MN 55070 Culligan Soft Water Service Co 6030 Culligan Way John Packard Minnetonka MN 55345- H P Pipeworks 3670 Dodd Rd STE 100 Jack Hurley Eagan MN 55123- Harris Companies Inc 909 Montreal Cir Kay Sellman St Paul MN 55102 LBP Mechanical Inc 315 Royalston Ave N Timothy Hayes Minneapolis MN 55405-1535 McCollum Mark Plumbing 15136 74 Ave N Mark McCollum Maple Grove MN 55311- Northland Mechanical Contractors Inc 2900 Nevada Ave N Ridiard Tieva New Hope MN 55427 Northridge Plumbing Co 6960 Madison Ave W#10 Darwin Baack Golden Valley MN 55427-3627 i: Approved By: State of MN State of MN State of MN State of M N State of MN State of M N State of MN State of MN State of M N � . . � � Northwoods Mechanical Inc 10670 Lincoln St Chisago City MN 55013- P 8� D Mechanical Contracting Co 4629 41 Ave N Robbinsdale MN 55422- P 8� H Services Co Inc 1601 67th Ave N Brooklyn Center MN 55430-1743 Pipeworks Inc 680 Valhalla Dr Cedar MN 55011- Plumbing Service Center 2201 107 Lane NE Blaine MN 55449- Ross Plumbing 2941 Brookdale Dr Brookiyn Park MN 55444-1870 Siqn Erector Apparently Graphic LTD 4312 Shady Oak Rd Minnetonka MN 55343- Niemelas Signs 8� Graphics Inc 1055 E Cliff Rd Bumsville MN 55337- Swimminq Pools Springbrook Apartments 111 83 Avenue NE Fridley MN 55432 � Roy Lietzau Bill Daugherty David Steffens Phil Sheppard Breck Ross Taormina Timothy Blien Dave Niemela Rich Lassen & Steve Lohse 111 - 83rd Ave NE 39 Approved By: State of MN State of M N State of MN State of MN State of MN State of M N Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � GTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 24, 2004 To: William W. Burns, City Manager 1t �1) q� From: Richard D. Pribyl, Finance Director� Debra A. Skogen, City Clerk Date � May 18, 2004 Continued Public Hearing to Amend Chapter 7 of the Fridley City Charter The Fridley City Council held a public hearing on April 12, 2004, on an amendment by ordinance to amend the Fridley City Charter. The public hearing was continued to Apri121, 2004, and again to April 26�' and again to May 24° 2004. The continuations allowed the public hearing notice to be republished with the correct year and also to insure compliance with the proper time between publication and hearing. The hearing notice has been republished twice, once on Thursday May 6�' and a second time on Thursday May 13, 2004. This is in accordance with the request from Council. Staff recommends holding a public hearing on the ordinance. .� , Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7.02, POWER OF TAXATION, OF THE FRIDLEY CTI'Y CHARTER The Fridley City Council hereby finds after review, exarnination and recommendation of the Charter Commission that Section 7.02, Power of Taxation, of the Fridley City Charter be hereby amended and ordain as follows: Fridley City Charter Chapter 7. Taxation and Finances Section 7.02 POWER OF TAXATION Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. A. For the purposes of this subsection, "fees" includes sales and use taxes, utility charges other than water, storm water and sanitarv sewer), ��=;•='_°_�e r=�, gas and electric franchise fees and any other fee that produces a tax burden or direct fmancial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152) B. For the purposes of this subsection, the term "fees" does not include: Water, storm water and sanitarv sewer char�es; recvclin� fees; Parks and Recreation Deparhnent participation fees, charges for photo-copying, sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term "fees" also does not include rental housing fees, building permit fees, liquor license fees, the extension or transfer of cable television service authority to additional service providers for which fees are already being charged, fees for the operation of junk yards, annual license fees for the operation of pawn shops and other regulated business, and any other charge for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citizens or other members of the public which, by law, must be limited to the actual cost of the service being provided. The term "fees" shall not include any special assessments made under Minnesota Statutes Section 429. (Ref Ord 1152) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2004. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: April 12, 2004 First Reading: Second Reading: Publication: 41 � � CfiY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF MAY 24, 2004 William W. Burns, City Manager �ll`� Richard D. Pribyl, Finance Director � Debra A. Skogen, City Clerk May 18, 2004 First Reading to Amend Chapter 7 of the Fridley City Charter The Fridley City Council held a public hearing on April 12, 2004, and continued the public hearing to Apri126�' and also this evening, on an amendment by ordinance to amend Section 7.02 of the Fridley City Charter. Staff recommends holding a first reading on the ordinance. 42 . ti Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7.02, POWER OF TAXATION, OF THE FRIDLEY CITY CI3ARTER The Fridley City Council hereby finds after review, e�carnination and recommendation of the Charter Commission that Section 7.02, Power of T�ation, of the Fridley City Charter be hereby amended and ordain as follows: Fridley City Charter Chapter 7. Ta�cation and Finances Section 7.02 POWER OF TAXATION 3. Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. A. For the purposes of this subsection, "fees" includes sales and use taxes, utility charges other than water, storm water and sanitarv sewer), -==;,•=!:�b �=�, gas and electric franchise fees and any other fee that produces a tax burden or direct financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152) B. For the purposes of this subsection, the term "fees" does not include: Water, storm water and sanitarv sewer char�es; recvcling fees; Parks and Recreation Department participation fees, charges for photo-copying, sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term "fees" also does not include rental housing fees, building permit fees, liquor license fees, the extension or transfer of cable television service authority to additional service providers for which fees are already being charged, fees for the operation of junk yards, annual license fees for the operation of pawn shops and other regulated business, and any other charge for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citizens or other members of the public which, by law, must be limited to the actual cost of the service being provided. The term "fees" shall not include any special assessments made under Minnesota Statutes Section 429. (Ref Ord 1152) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2004. ATTEST: Debra A. Skogen, City Clerk Public Hearing: April 12, 2004 First Reading: Second Reading: Publication: 43 Scott J. Lund, Mayor � � AGENDA ITEM cxnroF CITY COUNCIL MEETING OF MAY 24, 2004 FRIDLEY INFORMAL STATUS REPORTS .,