07/12/2004 - 4590OFFICIAL CITY COUNCIL AGENDA
CITY COUNCIL MEETING
JULY 12, 2004
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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JULY 12, 2004
7:30 p.m. - City Council Chambers
Attendance Sheet
Please nrint name. address and item number vou are interested in
Print NaYne (Clearly) Address Item No.
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GTY OF
FRIDLEY
CITY COUNCIL MEETING OF JULY 12, 2004
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 June 28, 2004
NEW BUSINESS:
1. Resolution Amending the Housing Replacement
District Plan for Housing Replacement District
No. 1 to Include Phase IV -
.................................................................................. 1 8
2. Resolution Ordering Improvement, Approval of
Plans and Ordering Advertisement for Bids
Marion Hills Reservoir Replacement Project
No. 356 (Ward 1) -
.............................................................................................. 9 15
3. Claims ....................................................................................................... 16
FRIDLEY CITY COUNCIL MEETING OF JULY 12, 2004 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Licenses ....................................................................................................... 17 - 20
5. Estimates ....................................................................................................... 21
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes
OLD BUSINESS:
6. Resolution Declaring a Question to be
Placed on the Ballot at the Next Regular
Municipal Election, to Levy a Tax which is in
Excess of the Inflationary Index for Tax Levy
Requirements for 2004 to the County of Anoka
for Collection for the Purpose of Continuing
Programming at Springbrook Nature Center
(Tabled September 8, 2003) .............................................................................. 22 - 27
NEW BUSINESS:
7. Request by Jarrett Hickman to Forgive
Charges for Nuisance Abatement ...................................................................... 28 - 54
8. Informal Status Reports ..................................................................................... 55
ADJOURN.
MINUTES OF THE
FRIDLEY CITY COUNCIL MEETING
OF JUNE 28, 2004
CITY OF FRIDLEY
CITY COUNCIL MEETING
JUNE 28, 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-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Director of Community Development
Jon Haukaas, Public Works Director
Fritz Knaak, City Attorney
Rebecca Brazys, Recording Secretary
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council meeting of June 14, 2004.
APPROVED
NEW BUSINESS:
1. Variance Extension Request, VAR #03-17, by Jim Kiewel, for an Extension
of One Year to Increase the Maximum Size of a First Accessory Structure
from 1,000 Square Feet to 1,390 Square Feet, and to Allow the Construction
of a 22 Foot by 37 Foot Addition to the Existing Garage, Generally Located
at 1631 Rice Creek Road N.E. (WARD 2).
Dr. Burns, City Manager, said that Jim Kiewel was granted a variance on August 14,
2003, to increase the maximum size of a first accessory structure from 1,000 square
feet to 1,390 square feet to allow the construction of a 22 x 37 foot addition to his
existing garage. As with all variances granted, the petitioner had one year from the date
FRIDLEY CITY COUNCIL MEETING, JUNE 28, 2004 Paqe 2 of 5
of approval to initiate construction. On June 14, 2004, staff received a letter from Mr.
Kiewel requesting a one-year extension, as he has had a number of projects come up
this year that left him with insufficient time to complete his garage addition. Staff
recommends Council's approval of the one-year extension.
APPROVED VARIANCE EXTENSION REQUEST, VAR #03-17.
2. Approve Change Order No. 1 to 2004 Street Improvement Project No. ST.
2004-1.
Dr. Burns, City Manager, explained this change order is a deduct of $8,654 that
occurred as a result of a decision to overlay the East University Avenue service drive
rather than reconstruct the street. Part of the deduction was used to construct an
additional catch basin on Fillmore Street. Staff recommends Council's approval.
APPROVED CHANGE ORDER NO. 1 TO 2004 STREET IMPROVEMENT PROJECT
NO. ST. 2004-1.
3. Appointment — City Employees.
Dr. Burns, City Manager, said staff recommends the appointment of Richard Brandt and
Ryan Lee to the Lead Liquor Store Clerk position. Mr. Brandt and Mr. Lee have served
well as part time liquor store clerks and are deserving of promotions. -
APPROVED THE APPOINTMENTS OF RICHARD BRANDT AND RYAN LEE TO
LEAD LIQUOR STORE CLERK.
4. Claims.
APPROVED CLAIM NOS. 117045 THROUGH 117209.
5. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
MOTION by Councilmember Barnette, seconded by Councilmember Billings, to approve
the proposed consent agenda as presented.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED ON A UNANIMOUS VOTE.
ADOPTION OF AGENDA:
MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to adopt
the agenda.
FRIDLEY CITY COUNCIL MEETING. JUNE 28, 2004 Paqe 3 of 5
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
- CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORSI: Consideration of items not on agenda — 15 minutes.
Councilmember Wolfe stated he had promised a caller that he would ask Dr. Burns a
couple of questions. The first question was how much did the City pay to investigate
the possibility of a golf course. The other question was whether the City proposed
building a shopping center.
Dr. Burns, City Manager, stated the City paid $1,500 for the study and did not consider
building a shopping center.
OLD BUSINESS:
6. Ordinance No. 1096 amending Section 7.02, Power of Taxation, of the
Fridley City Charter.
Richard Pribyl, Finance Manager, reviewed the activity of the Council on this matter as
follows:
April 12, 2004 Public hearing.
April 26, 2004 Public hearing continued to this date.
May 24, 2004 Public hearing continued to this date and closed.
First reading of the ordinance took place.
Councilmember Billings stated there were three public hearings and Council held the
first reading on May 24. The matter is before Council because a second reading of the
ordinance is required.
Councilmember Barnette thanked the Charter Commission members for their efforts on
this matter.
Mayor Lund asked if the next newsletter will include information on this amendment.
Dr. Burns said it would.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to waive the
second reading and order the adoption of Ordinance No. 1096.
Councilmember Bolkcom asked what the next step would be.
Mr. Pribyl stated the ordinance would be published July 8 and would become effective
ninety days later.
FRIDLEY CITY COUNCIL MEETING, JUNE 28, 2004 Page 4 of 5
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
NEW BUSINESS:
7. Informal Status Reports
Banfill-Locke Center for the Arts:
Councilmember Bolkcom stated Banfill Locke is having a family day on Sunday, July 11,
from 12:00 p.m. to 6:00 p.m. It will be held in conjunction with an African art exhibit with
activities and dancers and will be free of charge.
Springbrook Nature Center:
Councilmember Bolkcom said the Springbrook Nature Center ballot issue would come
before Council on July 12. She asked when Council would have information to share
with the public.
Mr. Pribyl stated he met with Mr. Paul Rignell from the Sun Focus Newspaper to review
this issue. A follow-up article will be published Thursday, July 1, and an additional
article will be published July 8 prior to Council action. He said Mr. Kirk, Director of
Recreation and Natural Resources, indicated that $275,000 was needed.
Dr. Burns stated there will also be an article in the August newsletter.
Councilmember Bolkcom asked if the matter before the Council will be whether or not to
put this matter on the ballot.
Mr. Pribyl stated at the July 12 meeting, the resolution tabled in September, 2003, will
be brought back.
Councilmember Billings stated it is his understanding staff's recommendation will be
$275,000, but it will be up to the City Council to determine the amount that will be on the
ballot.
Mr. Pribyl stated that was correct.
`49er Days:
Councilmember
attended.
Bolkcom stated the `49er days activities were successful and well
Mayor Lund thanked the `49er Days Committee for their outstanding commitment to a
successful event, the Lions Club for the successful parade, and to the Queen and
Princesses and their parents for all their efforts.
FRIDLEY CITY COUNCIL MEETING, JUNE 28, 2004 Paqe 5 of 5
June 14, 2004, Meeting Follow-up:
Dr. Burns said at the last Council meeting, a resident raised concerns about noise from
vehicles on Mississippi Street. According to the ordinance, noise should not be able to
be heard within 75 feet of the vehicle. We will be monitoring noise from vehicles in that
area.
Dr. Burns said at the last Council meeting, a resident indicated that he had been tagged
for operating a bicycle without a light. Dr. Burns said they had no record of that
individual receiving a ticket in Fridley or Anoka County.
Abatement Issue:
Councilmember Billings stated he received correspondence from Mr. Jarrett Hickman
asking to be heard at the next Council meeting regarding his nuisance abatement bill.
Staff will research this matter and be prepared to report at the next meeting.
Neighborhood Meeting
Councilmember Billings stated he also received correspondence from Ms. Susan
Brenny regarding development on Hillcrest. He asked that staff respond to this
correspondence.
Mr. Hickok stated there will be a meeting July 13 from 6:00 p.m. to 8:00 p.m. at the
Islamic Center on this matter.
Councilmember Billings asked who provides a mailing list to the Islamic Center.
Mr. Hickok stated he will make the list available. He said that although staff has had
discussions with the Islamic Center, no formal application has been submitted.
ADJOURNMENT:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY, AND THE MEETING ADJOURNED AT 7:50 P.M.
Respectfully submitted,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
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GTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 12, 2004
DATE: July 7, 2004
TO: William W. Burns, City Manager ��
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SUBJECT
Scott J. Hickok, Community Development Director
Grant E. Fernelius, Assistant HRA Director
Resolution Approving Phase IV of the Housing Replacement Program
Attached for City Council consideration is a resolution approving Phase IV of the Housing
Replacement Program (HRP). As you might recall, the HRP functions as a scattered site
tax increment financing district. Once a parcel is included in the district, the HRA collects
tax increment for a period of 15 years. The increment is used to help cover the costs of the
program. Unlike a traditional tax increment district, the HRP is less cumbersome to
administer.
Since the program began in 1995, the City has approved three phases (1995, 1997 and
2001) and a total of 20 sites. Phase 4 includes the tax forfeit lot (Ashton Avenue) the City
created through a land swap and lot split approved last fall. The City will keep the land sale
proceeds and the HRA will collect the tax increment.
This is the last year that the City can add parcels to the HRP. Under special legislation
approved in 1995, the City could designate up to 50 parcels between 1995 and 2004, with
no more than 10 sites in any given year. It is important to add the Ashton Avenue lot now,
before construction begins on the new home. Once construction starts, the parcel is
ineligible for inclusion in the program. As a final note, the HRA approved Phase IV of the
program at their July 1, 2004 meeting.
Recommendation
Staff recommends that the City Council approve the attached resolution amending the
Housing Replacement Program to include Phase IV.
1
RESOLUTION NO. 2004 -
A RESOLUTION AMENDING THE HOUSING
REPLACEMENT DISTRICT PLAN FOR HOUSING
REPLACEMENT DISTRICT NO. 1 TO INCLUDE PHASE IV
BE IT RESOLVED by the City Council (the "Council") for the City of Fridley as follows:
Section l. Recitals.
1.01. It has been proposed that the Council amend the Housing Replacement District Plan (the
"Plan") for Housing Replacement District No. 1(the "District") to include Phase IV, pursuant to and
in accordance with Laws of Minnesota 1995, Chapter 264, Article 5, Sections 44 through 47,
inclusive, as amended and supplemented from time to time.
1.02. The Council has performed all actions required by law to be performed prior to the approval
and adoption of an amended Plan.
1.03. The Council hereby determines that it is necessary and in the best interests of the City at this
time to amend the Plan for the District to include Phase 1V in order to further achieve the City's goal
of acquiring blighted, undeveloped or underdeveloped parcels for redevelopment or rehabilitation,
and for resale as market rate housing.
Section 2. Findin�s.
2.01. The Council hereby finds that the adoption and implementation of the amended Plan is
necessary to assure the development and redevelopment of market rate housing within the City.
2.02. The Council hereby finds that the amended Plan conforms to the comprehensive plan of the
City for the development and redevelopment of the City as a whole.
2.03. The Council hereby finds that the amended Plan affords maximum opportunity consistent
with the sound needs of the City as a whole for development and redevelopment within the District
by private enterprise.
2
Page 2 - Resolution No.
2.04. The Council hereby finds that the approval and adoption of the amended Plan is intended and,
in the judgment of this Council, its effect will be to promote the public purposes and objectives
specified in the Plan.
Section 3. Approval and Ado�tion of The Amended Plan.
3.01. The amended Housing Replacement District Plan for Housing Replacement District No. 1 to
include Phase N is hereby approved and adopted by the Council.
Section 4. Filing of Plan.
4.01. Upon approval and adoption of the amended Plan, the Council shall cause said amended Plan
to be filed with the Minnesota Department of Revenue.
PASSED AND ADOPTED BY THE CITY COUNCII. FOR THE CITY OF FRIDLEY THIS
DAY OF , 2004.
ATTEST:
WILLIAM W. BURNS — CITY MANAGER
SCOTT J. LUND - MAYOR
3
EXHIBIT I-A
ESTIMATED PROJECT COSTS
TOTAL PROJECT COSTS AS OF OCTOBER 23, 1995
Site Acquisition
Relocation
Demolition
Site Preparation
Pollution Abatement
Public Improvements
Administrative Expense
Total District Project Costs
$2,000,000
$ 250,000
$ 200,000
$ 250,000
$ 125,000
$ 125,000
$ 125,000
$3,075,000
PHASE I PROJECT COSTS AS OF OCTOBER 23, 1995
Site Acquisition
Demolition
Site Preparation
Pollution Abatement
Administrative Expense
Total Phase I Project Costs
$ 50,300
$ 17,200
$ 2,000
$ 2,000
$ 10,000
$ 181,500
PHASE II PROJECT COSTS AS OF NOVEMBER 24, 1997
Site Acquisition
Demolition
Site Preparation
Administrative Expenses
Total Phase II Project Costs
PHASE III PROJECT COSTS AS OF MAY 3, 2001
Site Acquisition
Relocation
Demolition
Pollution Abatement
Administrative Expenses
Total Phase III Project Costs
I-A-1
0
$295,000
$ 56,000
$ 2,500
6 500
$360,000
$446,100
$ 20,000
$ 43,000
$ 13,500
$ 52,260
$574,860
EXHIBIT I-A (Continued)
ESTIMATED PROJECT COSTS
PHASE IV PROJECT COSTS AS OF JULY 1, 2004
Site Acquisition $100,000
Pollution Abatement $ 5,000
Administrative Expenses $ 4,500
Total Phase IV Project Costs $109,500
G:\WPDATA\F\FRIDLEY\13\DOC\EXHIBIT I-A.DOC
I-A-2
5
EXHIBIT V - B
ESTIMATED IMPACT OF HOUSING REPLACEMENT DISTRICT NO. 1
PHASEIV
IMPACT ON TAX BASE
ORIGINAL ESTIMATED CAPTURED DISTRICT
TAX TAX TAX TAX AS %
ENTITY BASE CAPACITY CAPACITY CAPACITY OF TOTAL
City of Fridley 27,336,726 83 2,250 2,167 0.008%
County of Anoka 236,617,283 83 2,250 2,167 0.001%
ISD #11 122,875,575 83 2,250 2,167 0.002%
IMPACT ON TAX RATE
TAX % OF TAX TAX RATE
ENTITY RATE TOTAL INCREMENT INCREASE
City of Fridley 0.30248 31.90% 655 0.002%
County of Anoka 0.35221 37.14% 763 0.000%
ISD #11 0.21050 22.20% 456 0.000%
Other 0.08304 8.76% 180
0.94823 100.00% 2,055
* Assumes construction would have occurred without the creation of a Tax Increment Financing
District. If construction is a result of Tax increment Financing, the impact is $0.
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ARTICLE V
PHASE IV
Section 5.1. �ecific Development Activitv. As of July l, 2004, the Authority intends to
enter into the following proposed development activity for this Phase: to acquire and develop the
property located on the south 107 feet of Lots 21, 22, 23 and 24, Block 14, Spring Brook Park,
Anoka County, Minnesota.
Section 5.2. Estimated Proiect Costs. The estimated Project Costs for this Phase are listed
on Exhibit I-A.
Section 5.3. Estimated Market Value. The estimated market value for the housing unit in
this Phase cannot exceed 150% of the average market value of single family housing in the City. As
of January 2, 2004, the average market value of single family housing in the City is $185,000 and
150% of that number is $277,500. Upon completion of this Phase, the market value of the housing
unit included within the Phase is estimated to be $225,000.
Section 5.4. Original Tax Capacitv. The original tax capacity for this Phase, as most recently
certified by the Commissioner of Revenue on January 2, 2004, is estimated to be $83.
Section 5.5. Estimated Ca�tured Tax Capacitv. Upon completion of the proposed
development activity, the estimated captured t� capacity of this Phase, on January 2, 2005, is
estimated to be $2,250.
Section 5.6. Original Tax Capaci Rate. The pay 2004 ta�c capacity rate is 94.823 (City
30.248; County 35.221; ISD #11 21.050, and miscellaneous 8.304). See Exhibit V-B for
itemization.
Section 5.7. Estimated T� Increment. Tax increment for this Phase has been calculated at
approximately $2,055 assuming a static tax capacity rate and a valuation increase of five percent
(5.0%) compounded annually.
Section 5.8. Duration Limits. Ta�c increment from this Phase is payable to the Authority for
fifteen (15) years from the date of receipt of the first taac increment. Assuming the first ta�c increment
is received in 2006, it is estimated this Phase will terminate in 2020.
Section 5.9. Identification of Parcels. The parcel to be included in this Phase is legally
described as 03-30-24-42-0172 and is illustrated on the attached Exhibit V—A.
G:\WPDATA\F\FRIDLEY\13\DOC\PHASE IV.DOC
5-1
Z
(a)
Date
06/01 /04
12/01 /04
06/01 /05
12/01 /05
1 06/01 /O6
12/01 /06
2 06/01 /07
12/01 /07
3 06/01 /08
12/01 /08
4 06/01 /09
12/01l09
5 06/01 /10
12/01 /10
6 06/01/11
12/01 /11
7 06/01 /12
12/01 /12
8 06/01/13
12/01 /13
9 06/01 /14
12/01 /14
10 06/01/15
12/01 /15
11 06/01/16
12/01 /16
12 06/01 /17
12/01/17
13 06/01 /18
12/01 /18
14 06/01 /19
12/01 /19
15 06/01 /20
12/01 /20
CITY OF FRIDLEY
HOUSING REPLACEMENT PROGRAM - PHASE IV
CASH FLOW AND PRESENT VALUE ANALYSIS
<------------• ANNUAL •--------------->
(b) (c) (d)
Original Estimated Captured
Tax Tax Tax
Capacity Capacity Capacity
(see assumptions) (c) - (b)
5.00% Inflation (prev. year)
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
83
2,250
2,250
2,363
2,363
2,481
2,481
2,605
2,605
2,735
2,735
2,872
2,872
3,015
3,015
3,166
3,166
3,324
3,324
3,490
3,490
3,665
3,665
3,848
3,848
4,041
4,041
4,243
4,243
4,455
4,455
4,678
4,678
0
0
0
2,167
2,167
2,280
2,280
2,398
2,398
2,522
2,522
2,652
2,652
2,789
2,789
2,932
2,932
3,083
3,083
3,241
3,241
3,407
3,407
3,582
3,582
3,765
3,765
3,958
3,958
4,160
4,160
4,372
4,372
NPV @ end of period
<------------------------------------------- SEMI ANNUAL ------------------------------------------ %
(e) (fl (9) (h) (�) G)
Estimated Less: Available Cumulative <---- Present Value ---->
Tax Admin Tax Avail. Tax Semi Annual Cumulative
Increment Fees Increment Increment Balance Balance
(d) x (e) x (e) -(fi� Total of (g) P.V. of (g) Total of (i)
0.94823 0.00% 6.50% 12/01/04
0
0
0
1,027
1,027
1,081
1,081
1,137
1,137
1,196
1,196
1,257
1,257
1,322
1,322
1,390
1,390
1,462
1,462
1,537
1,537
1,616
1,616
1,698
1,698
1,785
1,785
1,876
1,876
1,972
1,972
2,073
2,073
25,088
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Q
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1,027
1,027
1,081
1,081
1,137
1,137
1,196
1,196
1,257
1,257
1,322
1,322
1,390
1,390
1,462
1,462
1,537
1,537
1,616
1,616
1,698
1,698
1,785
1,785
1,876
1,876
1,972
1,972
2,073
2,073
25,088
0
0
0
0
1,027
2,055
3,136
4,216
5,353
6,490
7,685
8,881
10,138
11,396
12,718
14,040
15,430
16,820
18,282
19,744
21,280
22,817
24,433
26,048
27,746
29,445
31,230
33,015
34,891
36,768
38,740
40,712
42,785
44,858
0
0
0
0
933
904
921
892
909
880
897
868
884
857
872
845
860
833
849
822
837
811
825
799
814
788
802
777
791
766
780
756
769
745
0
0
0
0
933
1,837
2,758
3,651
4,559
5,439
6,336
7,204
8,089
8,945
9,818
10,662
11,523
12,356
13,205
14,027
14,864
15,674
16,500
17,299
18,113
18,901
19,704
20,481
21,272
22,038
22,818
23,574
24,343
25,088
0
cash flow1.xls Prepared by Kra� Monroe, P.A. 7/7/2004
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L
CfT`f OF
FRIDLEY
TO:
FROM:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 12, 2004
Wiliiam W. urns, City Manager��►r
Jon t1. aukaas, Public Works Director
July 8, 2004
PW04-052
SUBJECT: Resolution Approving Plans and Authorizing Advertisement for Bids: Marion tlilis
Reservoir Replacement Project l`lo. 356
The attached resolution approves the final plans and specifications and authorizes advertisement
for bids for the replacement of the Marion t[ills reservoir.
Also attached are select exhibits from the plans for easier review. The reservoir will be
designed to accommodate cellular antennas in the future. We have the option of painting it the
existing "baby blue' or to go with a more earth tone tan similar to many of our other buildings.
The logo shown will be a separate aluminum sign and reduced to 10 feet tall. This will be bid
as an alternate so it can be removed if necessary. The contractor will be using a staging area
to the south of the project site for equiprnent and casting of the wall panels.
We are planning to hold a meeting with the neighboring residents during the last week of July
to show the proposed project and discuss impacts.
We are on a tight schedule to get this constructed this fall and operational for the peak season
next year. The bid opening is set for August 2, 2004 and we will be recommending award at
the August 9, 2004 City Council meeting.
Recommend the City Council adopt the attached resolution approving the plans and authorizing
advertisement for bids for the Marion Fiills Reservoir Replacement Project 1`l0. 356.
Jliti:cz
Attachment
0
RESOLUTION NO. 2004 -
RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND
ORDERING ADVERTISEMENT FOR BIDS: MARION HILLS RESERVOIR
REPLACEMENT PROJECT NO. 356
WHEREAS, the City of Fridley completed a study of our water
system including a detailed investigation of the structural
integrity of the Marion Hills Reservoir, and
WHEREAS, the results of that report note significant areas of
corrosion in the reinforcing wires plus obvious cracks in the
concrete shell and failure of the interior liner, and
WHEREAS, the City has retained the firm of Boltan & Menk, Inc. to
design and inspect the construction of a replacement to the
reservoir and has submitted these plans to the City Council for
approval.
NOT, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Fridley, Anoka County, Minnesota, as follows:
1. That the Marion Hills Reservoir recommended for
replacement be removed and a new reservoir be
constructed in. its place, and the work involved in
said improvement shall.hereafter be designed as:
MARION HILLS RESERVOIR REPLACEMENT PROJECT NO. 356
2. The plans and specification prepared by Bolton & Menk,
Inc., under the direction of the Director of Public
Works for such improvement and each of them, pursuant
to the Council action heretofore, are hereby approved
and shall be filed with the City Clerk.
3. The work to be performed under the Marion Hills
Reservoir Replacement Project No. 356 be performed
under a single contract.
The Director of Public Works shall accordingly prepare and cause
to be inserted in the official newspaper advertisement for bids
upon the making of such improvements under such approved plans
and specifications. The advertisement shall be published for two
(2) weeks (at least 10 days), and shall specify the work to be
done and will state that bids will be opened at 10:00 a.m. on
Monday, August 2, 2004, in the Council Chambers of the Fridley
Municipal Center, and that no bids will be considered unless
sealed and filed with the Director of Public Works and
accompanied by a cash deposit, bid bond, or certified check
payable to the City of Fridley for five percent (5$) of the
amount of such bid. That the advertisement for bids for the
MARION HILLS RESERVOIR REPLACEMENT PROJECT NO. 356 shall be
substantially standard in form.
10
Resolution No. 2004 -
- Page 2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 12TH DAY OF JULY, 2004.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND, MAYOR
11
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� AGENDA ITEM
COUNCIL MEETING OF JULY 12, 2004
CRY OF
FRIDLEY
CLAIMS
117210 - 117409
is
�
�
CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 12, 2004
LICENSES
Tvpe of License
�
TEMPORARY ON-SALE INTOXICATING LIQUOR
Metro North Chamber of Commerce Deborah Pallansch
277 Coon Rapids Blvd.
Suite 101
Coon Rapids, MN 55433
SOLICITOR
Fund for Public Interest
_ 1313 Fifth Street S.E.
Suite 317
Minneapolis, MN 55414
David Rossini
� iZ
Approved By:
Public Safety
Public Safety
�
�
City of
Fridley
AGENDAITEM
City Council Meeting Of Monday, July 12, 2004
�
Gas Services
Hoffman Refrigeration 8� Heating LTD
1709 S Greeley St Scot Hendricks
Stillwater MN 55082-
Owens Companies Inc
930 E 80 St Lee Cohan
Bloomington MN 55420-
Silvernail Enterprises LTD
6603 36 Ave N Mark Silvemail
Crystal MN 55427-
General Contractor-Commercial
Duke Realty LP
1600 Utica Ave S#250 Steve Kulsrud
St Louis Park MN 55416-
General Contractor-Residential
Advanced Exteriors Inc (20133214)
7000 57 Ave N Chad Markus
Crystal MN 55428-
BMK Construction LLC (20448984)
9919 Killdeer St NW Bryan Kuntz
Coon Rapids MN 55433-
Midwest Vinyl Systems Inc (20297950)
1301 208 St Luke Panek
St Croix Falls WI 54024-
Northeast Exteriors Inc (20406702)
2414 Central Ave NE Brandon Jensen
Minneapolis MN 55418-
1 8
Approved Bv:
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
State of MN
State of M N
State of MN
State of M N
�
RMA Home Services inc (20268257)
3200 Cobb Galieria Pkwy STE 200 Kara Benson
Atlanta GA 30339-
United Roofing of TC (20091868)
2343 Station Parkway Anthony Brozek
Andover MN 55304
Heatinq
Hoffman Refrigeration � Heating LTD
1709 S Greeley St Scot Hendricks
Stillwater MN 55082-
Owens Companies Inc
930 E 80 St Lee Cohan
Bloomington MN 55420-
Silvernail Enterprises LTD
6603 36 Avenue N Mark Silvemail
Crystal MN 55427-
St Paul Plumbing 8 Heating
640 Grand Ave David Smith
St Paul MN 55105-
Mobile Home Installer
Fritzke Trucking Inc
2726 Hwy 25 John Fritrke
Watertown MN 55388-
Plumbinq
Erickson Plumbing Htg 8� Cooling
1471 92 Lane Stacy Erickson
Blaine MN 55449-
St Paul Plumbing 8� Heating
640 Grand Ave David Smith
St Paul MN 55105-
19
Approved Bv:
State of MN
State of M N
Ron Julkowski
Building Oificial
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
State of MN
State of MN
State of MN
Roofinq
All Weather Roof
2101 E 26 St
Minneapolis MN 55404-4102
Siqn Erector
Leroy Signs Inc
6325 Welcome Ave
Brooklyn Park MN 55429-
Schad-Tracy Signs Inc •
PO Box 357
Oronoco MN 55960-
Swimminq Pools
Northwest Athletic Club
1200 E Moore Lake Dr
Fridley MN 55432-
�
Ken Sorensen
Ralph Reiter
Connie Schad
Craig Sims
1200 E Moore Lk Dr
20
Approved By:
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
�
�
CITY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 12, 2004
ESTIMATES
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
2004 Street Improvement
Project No. ST. 2004 —1
Estimate No. 2 ...............
- Magnum Company LLC
7309 Lake Drive
Lino Lakes, MN 55014
..................................................................... $192,915.92
Woodside Court Improvement
Project No. ST. 2004 — 2
EstimateNo. 2 ......................................................................................... $ 29,482.68
I � 21
�
�
CRY OF
FRIDLEY
AGENDA ITEM
COUNCIL MEETING OF
J u ly 12, 2004
TO: WILLIAM W. BURNS, CITY MANAGER �C� ��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR �Q
DEBRA A. SKOGEN, CITY CLERK
SUBJECT: RESOLUTION DECLARING A QUESTION BE PLACED ON THE NEXT
REGULAR MUNICIPAL ELECTION, TO LEVY TAXES IN EXCESS OF
THE INFLATIONARY INDEX FOR TAX LEVY REQUIREMENTS FOR
2004 TO THE COUNTY OF ANOKA FOR COLLECTION FOR THE
PURPOSE OF CONTINUING PROGRAMMING AT SPRINGBROOK
NATURE CENTER.
DATE: July 1, 2004
Attachment 1 is a resolution that was provided to the City Council on September 8�' of last year
in anticipation of a special election that would have allowed for tax levy authority for the sole
purpose of providing $275,000 for the administration, maintenance and programming of the
Springbrook Nature Center. This resolution was discussed and eventually tabled to the first
meeting of July 2004.
We have also provided you with a second resolution, Attachment 2 that has been updated with
this year's dates and other pertinent information that Council may find helpful amending the
resolution after they remove it from the "table".
Last year in anticipation of this legislation, the city conducted a public hearing as required by the
City Charter on August 25, 2003 and published the notice of hearing three times; July 31, August
7, and August 14, 2003.
This item comes before the Council due to the City Charter amendment placing a limit on the
amount of annual increase that could be levied in taxes. It identifies an index by which the
annual increase in tax levy is measured. Due to severe reductions to state aids, resulting from a
past legislative session, sweeping changes were recommended to the City Budget for 2004 and
2005. One of those changes was to eliminate the administration and programming at the
Springbrook Nature Center. There are a number of people who would like to see the
administration, programming, and maintenance for the Nature Center continue and would be
willing to pay additional tax dollars for it.
22
This resolution identifies the ballot language that would appear on a ballot at the next regulax
municipal election if approved by at least by a 4/5's vote of Council. To ensure the question is
placed on this November's ballot, the resolution must be adopted no later than August 23, 2004
to meet the state election requirements
This levy would cause a home in Fridley valued at $200,000 to pay approximately $26.00 in
additional property taxes. The "Truth in Taxation" process requires the Preliminary Tax Levy be
approved by September 15th. The Final Taac Levy cannot be increased beyond this amount, but it
can be reduced when the final levy is certified in December. If the ballot question fails in the
election process, the resolution for the Final Tax Levy would then be reduced in the amount of
$275,000.
On September 8, 2003, the City Council tabled this resolution. Staff is recommending a motion
removing the resolution from the table, and taking some form of action on the resolution.
RDP/me
Attachment
23
Attachment 1
RESOLUTION NO. -2003
A RESOLUTION DECLARING A QUESTION TO BE PLACED ON THE BALLOT AT
THE NEXT REGULAR MUNICIPAL ELECTION, TO LEVY A TAX WHICH IS IN
EXCESS OF THE INFLATIONARY INDEX FOR TAX LEVY REQUIREMENTS FOR
2004 TO THE COUNTY OF ANOKA FOR COLLECTION FOR THE PURPOSE OF
CONTINUING PROGRAMING AT SPRINGBROOK NATURE CENTER
WHEREAS, the Fridley City Council adopted Resolution No. 33-2003 on July 28, 2003,
declaring the necessity for an additional tax levy and specifying the purpose of the levy for the
year 2004 to continue the administration, maintenance and prograinming at Springbrook Nature
Center; and
WHEREAS, after publishing a hearing notice on July 31, August 7 and August 14, 2003 as
required by Section 7.02 of the Fridley City Charter, the City Council held a public hearing on
August 25, 2003; and
WHEREAS, Section 4.02 of the Fridley City Charter allows the City Council by resolution to
designate a regular municipal election on the first Tuesday after the first Monday of November,
provided 15 days' published notice shall be given of said regular municipal election; and
WHEREAS, the City Clerk is authorized and directed to cause printed ballots to be prepared for
the use in said election in which the question shall be stated in substantially the following form:
The Council of the City of Fridley has proposed to increase its tax levy for general city purposes
by $275, 000 beyond the indexed limit allowed by the City of Fridley Charter. The additional
revenue will be used to fund the administration, maintenance and programming of the
Springbrook Nature Center The proposed referendum revenue authorization would be
applicable as a permanent levy indexed by the same limits imposed on the general tax levy as set
out in section 7. 01 of the City of Fridley City Charter.
YES
Shall the increase in the revenue proposed by the City Council of
the City of Fridley be approved?
-., �
BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE
VOTING FOR A PROPERTY TAX INCREASE.
NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall cause notice of said election
for November 4, 2003, be given to the Anoka County Auditor within at least 49 days of said
election and that notice of said election be published in the official newspaper of the City for at
least three weeks prior to said election.
24
Attachment 1
BE IT FURTHER RESOLVED that the election shall be held at the usual polling locations for
the state general election and that said election shall be held and conducted in accordance with
the Minnesota State Statutes applicable to municipal elections and the provisions of the Home
Rule Charter.
BE IT FURTHER RESOLVED that the City Council shall meet within seven days from said
election as required by law for the purpose of canvassing said election and declaring the results
thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _
DAY OF 2003.
ATTEST:
Debra A. Skogen, City Clerk
2S
Scott J. Lund, Mayor
Attachment 2
RESOLUTION NO. 2004 - -�AA-3
A RESOLUTION DECLARING A QUESTION TO BE PLACED ON THE BALLOT AT
THE NEXT REGULAR MUNICIPAL ELECTION, TO LEVY A TAX WHICH IS IN
EXCESS OF THE INFLATIONARY INDEX FOR TAX LEVY REQUIREMENTS FOR
2004 TO THE COUNTY OF ANOKA FOR COLLECTION FOR THE PURPOSE OF
CONTINUING PROGRAMING AT SPRINGBROOK NATURE CENTER
WHEREAS, the Fridley City Council adopted Resolution No. 33-2003 on July 28, 2003,
declaring the necessity for an additional tax levy and specifying the purpose of the levy for the
year 2004 to continue the administration, maintenance and programming at Springbrook Nature
Center; and
WHEREAS, after publishing a hearing notice on July 31, August 7 and August 14, 2003 as
required by Section 7.02 of the Fridley City Charter, the City Council held a public hearing on
August 25, 2003; and
WHEREAS, on September 8, 2003, the Fridle�y Council ta.bled a resolution placin� a ballot
guestion pertaining to Springbrook Nature Center before the voters at a special election in 2003
to the first meetin ig n July 2004; and •
WHEREAS, on September 8, 2003, the Fridley City Council unanimouslv_passed a motion
a rg eeing to place a ballot question pertaining to Springbrook Nature Center on the next re�ular
municipal election; and
WHEREAS, Section 4.02 of the Fridley City Charter allows the City Council by resolution to
designate a regular municipal election on the first Tuesday after the first Monday of November,
provided 15 days' published notice shall be given of said regular municipal election; and
WHEREAS, the City Clerk is authorized and directed to cause printed ballots to be prepared for
the use in said election in which the question shall be stated in substantially the following form:
The Council of the City of Fridley has proposed to increase its tax levy for general city purposes
by $275, 000 beyond the indexed limit allowed by the City of Fridley Charter. The additional
revenue will be used to fund the administration, maintenance and programming of the
Springbrook Nature Center The proposed referendum revenue authorization would be
applicable as a permanent levy indexed by the same limits imposed on the general tax levy as set
out in section 7. 01 of'the City of Fridley City Charter.
YES
Shall the increase in the revenue proposed by the City Council of
the City of Fridley be approved?
NO
BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE
VOTING FOR A PROPERTY TAX INCREASE.
�
Attachment 2
NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall cause notice of said election
for November 2, 2004, 4�8��, be given to the Anoka County Auditor within at least 53 49 days
of said election and that notice of said election be published in the official newspaper of the City
for at least three weeks prior to said election.
BE IT FURTHER RESOLVED that the election shall be held at the usual polling locations for
the state general election and that said election shall be held and conducted in accordance with
the Minnesota State Statutes applicable to municipal elections and the provisions of the Home
Rule Charter.
BE IT FURTHER RESOLVED that the City Council shall meet within seven days from said
election as required by law for the purpose of canvassing said election and declaring the results
thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _
DAY OF 2004 �3.
ATTEST:
Debra A. Skogen, City Clerk
2Z
Scott J. Lund, Mayor
�
�
CRY dF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 12, 2004
Date: July 8, 2004
To
From:
Subject:
William Burns,
City Manager t� �
fi
Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Request by Jarrett Hickman to Forgive Charges for Nuisance Abatement
M-04-87
INTRODUCTION
Mr. Jarrett Hickman, former owner of 1275 Norton, is seeking that the Council forgive
the fees charged for a nuisance abatement that took place in early December 2002.
SITE HISTORY
Stephanie Hanson sent a first notice of non-compliance for outdoor storage, unlicensed
vehicles in the yard, and improper refuse storage on September 5, 2002. Compliance
was not obtained and a final notice was sent on October 16, 2002.
Around this same time period, Jarrett Hickman began calling and inquiring over whether
or not a duplex could be built on the property. He was made verbally aware, by staff,
that there were outstanding code issues that needed immediate attention.
Stephanie sent a Nuisance abatement addressed to "Property Owner" at 1275 Norton
Avenue using the regular mail, and a certified letter addressed to Jarret Hickman at the
same address, on November 4, 2002 to ensure that proper notice was given to whoever
the property owner was. This letter gave the property owner until November 21, 2002 to
comply. During phone conversations with Jarrett Hickman, he was also verbally
informed that the City had scheduled a nuisance abatement, yet failed to take
corrective action of his own.
As no corrective action was undertaken by the property owner, the City proceeded with
hiring Advance Companies to do a nuisance abatement of the property in early
December 2002. The total amount charged for this work totaled $2,363.24 ($1,890.59
+ 25% administration fee in accordance with City ordinance).
Beginning in January 2003, the City's Finance Department sent monthly bills to Mr.
Hickman adding a 10% late payment penalty until turning over the uncollected debt to
�
IC Systems in November of 2003. Mr. Hickman failed to respond to any
correspondence from the City until IC Systems began their collection activity.
Mr. Hickman turned around and sold this property to PMJ Development, Mike Juaire, a
few short months after purchasing the property.
This past April Mr. Hickman contacted the City Manager and Planning Staff on this
issue both in writing and over the telephone. Mr. Hickman has made a number of
contradictory statements over the events that have taken place. Last month Mr.
Hickman formally requested that the Council hear his case and forgive the nuisance
abatement charges. Thus, he was placed on the July 12, 2004 agenda for your
consideration.
PLANNING STAFF RECOMMENDATION
City Staff recommends the Council not release Mr. Hickman from his obligation to pay
for the abatement done on the property he owned at the time of the abatement. To do
so would weaken the City's position on public nuisances and would set future precedent
for those not wanting to pay for nuisance abatements.
A review of the facts with the City Attorney indicated that all standard City code
enforcement procedures and notification practices were followed. Additionally, Jarrett
Hickman was made aware of the problems through phone conversations with Paul
Bolin & Stephanie Hanson.
If the Council were to forgive the nuisance abatement fees, the City would need to use
resident's tax dollars to pay IC Systems to stop collecting on Mr. Hickman's bill. AI
Folie, Assistant Finance Director, has indicated that, "the cost to us [today] if we tell IC
Systems to stop collecting on this Jarrett Hickman bill would be 15% or $567.15."
In conclusion, City Staff recommends that the Council not forgive Mr. Hickman's debt.
The City made proper attempts to notify Mr. Hickman and he was the property owner at
the time of the abatement. It does not matter whose mess it was to begin with, it
became his responsibility once he purchased the property in that condition.
�
29
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CtTYOF
FRIDLE�
rRIDLEY MUNICIPAL CENTER • 6�31 UNIVERSITY AVE. N.E. FRIDLEY: MN ��432 •(763) 57:-3450 • FAX (763) �71-1287
ti'ovember 4, 2002
Ja�+�e-� l�
PROPERTY O�VNER
1?75 NORTON AVENTJE
Fridley, �N �5432
1ZE Code Violations/Need for Action at 1275 �iorton Avenue, Fridley MN
Dear Property Owner:
I'm sending this letter to let you kno�v that your progerty is in non-complian�;e with Ciry Code. If your
property is not in compliance with City Code by November 21, 2002, it will be necessary for the City to
abate this nuisance.
Fridley City Code Chapter 128 (copy enclosed) has established a procedure for abatement of certain
exterior public nuisances. This allows the City to remove from private property those items defined as
exterior public nuisances (128.02) in accordance with the provisions outlined in this chapter.
Previous inspections of the property at 127� Norton Avenue; NN revealed the following condition to
which this Code Section applies.
Code
Section
20�.07.06
114
113.06
Violation
Outside Storage
unlicensed/inop. Vehicles
Solid �vaste container placement.
3S
Action Needed to Conect
Tires, wood, siding and other
items stored throughout the
yard need to be disposed.
Vehicles need to be licensed
and operable.
Containers cannot be stored
at curb or in the front yard
setback.
Code Violations/Need for Action at 1?75 Norton Ave
November 4, 200?
Page 2 of 2
Y'ou must respond in one of the three ways listed belo�v by no later that November 21, 2002 or the Citv
will take action to abate the nuisance conditions outlined in this letter.
1. Correct the violations identified below in this letter.
2. Contact me at 763-572-3593 and make arrangements to have the City have your property
cleaned-up with the understanding that you will be billed for the work done.
3. Apply (in writing) to the Community Development Director for a hearing in front of an
independent hearinj examiner.
Unless you pursue Option # 2 or #3 shown above, I will re-inspect your property on or shortly after July
16, 2002, at which time full compliance is expected. If the violations remain, the City will abate this
exterior public nuisance in accordance with the enclosed ordinance provisions. Should this occur, you
would be charged for the costs associated with the abatement, including up to 2� % for administrative
expenses incurred as outlined in this chapter. The abatement is a separate action from a possible citation.
Please call me at 763-572-3593 if you have questions or wish to discuss this further. Thanks fo: your
cooperation.
Sincerely,
CTTY OF LEY
,
St anie L. Hanson
Planner/Code Administration
36
CE-02-508
�
i�vvoic�
DVAN�E
OMPA.NIES, INC.
6400 Centrai Avenue, Minneapolis, MN 55432
CONTRACTOR ID #0004423
TELEPHONE: (763) 572-2000
FAX (763) 572-9933
Date 12/17/02
�
CITY OF FRIDLEY Telephone Number
6431 University Avenue NE 763-572-3599
Fridley, M[�TT 55432
� A'ITAT: Stephanie Hanson
Job Location: 1275 Norton Avenue, Fridley, M!V 55432 � l�� Z�JU 2� �J� d� Z'
JOB DESCRIPTION JOB#5092
DESCRIPTION AMOUNT
ABATII�.'NT
2 dumpsters � 458.00.
3 vehicles - haul away and disposal.
Remove trash, disassemble tree house.
4 service persons - 11 hrs C 40.00
1 supervisor - 4 hrs C� 48.00
6.5% Sales Tax
Total Amount IAie
�drn�r, . Fc�. ���
�oT,ati .
916.00
227.20
440.00
192.00
1,775.20
115.39
$1,890.59
y�2.�S
2�{
����,3.
DUE UPON RECE/PT
SERVICE CHARGE AT A RATE OF 1 i/2% PER MONTH ON ACCOUNTS OVER 30 DAYS
" 3?
�
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,�.;:
DATE:
TO:
FROM:
COMMUtVITY DEVELOPMENT
DEPARTMENT
PLANNING DIVISION
Memorandum
December 19, 2002
Sue Anne Kirkham, Finance
Stephanie Hanson, Planner
SUBJECT: Property Assessment
The following property needs to be assessed for services. A copy of the invoice is attached. Thanks
for your help.
Propertv and PID
1. PID 123024310020
1275 Norton Aveue
1--.--=-- �
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,�_ ��
Owner
Jarrett Hickman
1275 Norton Avenue
Fridley, MN 55432
' t� i�( � 1( Q,� (.L17� 5 S'.
Service
abatement
CEM-02-26
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PHONE # (763) 571-3450
FAX # (763) 571-1287
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39
INVOICE
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE, N E
FRIDLEY, MN 55432
(763) 572-3532
TO: JARRETT HICKM�N
2953 CALIFORNIA ST NE
MINNEAPOLIS, MN 55418
INVOICE N0: 6140
DATE: 5/08/03
CUSTOMER NO: 1306 CUSTOMER TYPE: CD/ 1365
------------------------------------------------------------------------------
QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE
-------- ------------------------- -------------- --------------
1.00 LATE PAYMENT PENALTY FOR 236.32
INVOICE DATED 1/9/Oa"�
FOR REMOVAL OF TRASH AND TREE HOUSE ON 12/17/02
TOTAL AMOUTN NOW DUE: 2599.56
.��'(� .3�
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2 �� � �� �' ��- %�
x �
2 i L
-) �
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r���•
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TOTAL DUE:
PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE
DATE: 5/08/03 DUE DATE: 6/09/03 HICKMAN, JARRETT
REMIT AND MAKE CHECK PAYABLE TO:
CITY OF FRIDLEY
ATTN: CASHIER
6431 UNIVERSITY AVENUE NE
FRIDLEY MN 55432
CUSTOMER NO: 1306
TERMS: NET 30 DAYS
� �
236.32
�
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$236 . 3 .--
�.-��4 -��
(612) 572-3532
INVOICE NO: 6140 -
CUSTOMER TYPE: CD/ 1365
AMOUNT: $236.32
�
MRZ05501
CITY OF FRIDLEY
6/OS/03
i �
' Customer Master Balance �etail �isplay �
i ,
� Customer ID . . . . . . 1306 Current balance . . . 2,599.56 �
� HICKMAN, JARRETT Loan balance . . . . .00 �
� Customer type code . : �ALL Total . . . . . 2,599.56 �
' Pending balance . . . .00 �
' �eposit balance . . . .00 �
i �
� Trans Date Code Description Trans Amount Open Amount �
� 5/08/03 NUISA LATE PAYMENT PENALTY FOR 236.32 236.32 �
� 4/16/03 stmrn statements Processed �
� 1/09/03 NUISA NUISANCE ABATEMENT 2363.24 2363.24 �
i �
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� F12=Cancel * = Pending activity �
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INVOICE
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE, N E
FRIDLEY, NIN 55432
(763) 572
T0: JARRETT HICKMAN
2953 CALIFORNIA ST NE
MINNEAPOLIS, MN 55418
INVOICE N0: 6397
DATE: 9/10/03
CUSTOMER NO: 1306 CUSTOMER TYPE:,CD/ 1365
-------------------=------------------------------------------------------
QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE
-------- ------------------------- -------------- --------------
1.00 LATE PAYMENT PENALTY FOR
INVOICE DATED 1/9/03
TOTAL NOW DUE: $3544.84
236.32
236.32
�/ , r� , �' � �
; l� j� J `�'�����3 J S���t� a� b���� 3J .�'�v ���i.�,� 3 J�%%O� -
/ r �`
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�i�� �v �+�1v
�G' ���' r'� �� -
i a - �,.� ��
TOTAL DUE:
PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE
DATE: 9/10/03 DUE DATE: 10/10/03 HICKMAN, JARRETT
REMIT AND MAKE CHECK PAYABLE TO:
CITY OF FRIDLEY
ATTN: CASHIER
6431 I]L�TIVERSITY AVENUE NE
FRIDLEY MN 55432
CUSTOMER NO: 1306
TERMS: NET 30 DAYS
.���
����/ ��
(612) 572-3532
INVOICE NO: 6397
CUSTOMER TYPE: CD/ 1365
AMOUNT : $ ��3'6":�.?�
4 2 '� 3�'y5� �'f
MR205�01 CITY OF FRIDLEY ]�l/04/03
� �
-� Customer Type Balance �etail �isplay '
i ■
� Customer z� . . . . . . 1306 Current balance . . . 3,781.16 '
"� HICKMAN, JARRETT Loan balance . . . . .00 �
� Customer type code . : CD Total . . . . . 3,781.16 '
� COMMUNITY DEVELOPMENT Pending balance . . . .00 �
� �eposit balance . . . .00 �
i '
� Trans Date Code Description Trans Amount Open Amount �
� 11/04/03 NUISA LATE PAYMENT PENALTY FOR 236.32 236.32 �
� 9/09/03 NUISA LATE PAYMENT PENALTY FOR 236.32 236.32 �
� 8/12/03 NUISA NUISANCE ABATEMENT Z36.32 236.32 �
� 7/09/03 stmrn statements Processed .00 .00 '
� 7/08/03 NUISA NUISANCE ABATEMENT 236.3Z 236.32 �
� 6/10/03 stmrn statements Processed .00 .00 '
� More... �
� F12=Cancel � = Pending activity '
i '
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43
�,��
�
INVOICE
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE, NE
FRIDLEY, MN 55432
(763) 572-3532
TO: JARRETT HICKMAN
2953 CALIFORNIA ST NE
MINNEAPOLIS, MN 55418
INVOICE N0: 6524
DATE: 11/04/03
CUSTOMER N0: 1306 CUSTOMER TYPE: CD/ 1365
------------------------------------------------------------------------------
QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE
-------- ------------------------- -------------- --------------
1.00 LATE PAYMENT PENALTY FOR
INVOICE DATED 1/9/03
236.32
TOTAL DUE:
PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE
DATE: 11/04/03 DUE DATE: 12/04/03 HICKNiAN, JARRETT
REMIT AND MAKE CHECK PAYABLE TO:
CITY OF FRIDLEY
ATTN: CASHIER
6431 UNIVERSITY AVENUE NE
FRIDLEY MN 55432
CUSTOMER NO: 1306
TERMS: NET 30 DAYS
. .,
236.32
$236.32
(612) 572-3532
INVOICE NO: 6524 - '
CUSTOMER TYPE: CD/ 1365 ,
AMOUNT: $236.32
�
PAGE 1
SPECIAL ACTIVITY REPORT
WEEK ENDING z0031206
City of Fridley
Sue Anne Krikham
6431 University Ave NE
Fridley MN 55432
�
�
i.
LC SYSIIIuI
�44 East H(yhway 98, P.O.Boz 64137
St Paul, Minnssot� 55164-0137
1-800—BB5-0595
CLIENT NO.: 91367974
DEBTS LAST ENTERED ONk Z0031111
DEBT UPDATE
Rhe �'s a� has aa�6ed a� aEC-ioe � the ��g ir�iai:
D�/ I.C. D�t No./ Gl�s� I�e c�
� Y47C '�@ �. �Yl? �
Mr. Jar�ate Hickman W3795724-AT 53.781.16 20031205
2234 Ouebac Ava S For Jar�atc Hickman �Y 789
Mtnnoapolts MN 55426-25D9
(612)782-2112
�:�`�`w�� bi�i�=��
Attorney Strand etatos hts cllont ie not
liable for these ehar9es and thst you ahould
eonsact tha Prevlous homoownar Who built eha
t�aahouse.
Wa have informaeion tndieating shis aceounc
should 60 ohar9od to anothar party. Ploasw
vertfy who ts rasPonal6le and return thia
� form alon9 rlth an azPlanatton subatantiatiny
� the debt. For oxamPlo. ai9nad eontraeis.
� auehorizatlona, ete..
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Please provide us with any information requested by attaching your v+Ritten response to this report
- i/93 a I.C. System Inc. 1993 45
��
�` �
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•�,
Apri19, 2004
City of Fridley
Attn: City Manager — Williams Burns
Attn: City Council
6431 University Avenue NE
Fridley, MN 55432
Re: 1275 Norton Avenue NE, Fridley
Dear City Manager & City Council:
This letter is being written on behalf of myself, Jarrett Hickman. I am writing this letter
to clear up a misdirected Code Violation that the City of Fridley has turned over to I.C.
System for payment.
On October 30, 2002 I purchased a property at the above address from Jason & Tiffany
Davis who were not currently living in the dwelling but residing in Highland Ra.nch, CO.
The dwelling was being rented at time of purchase. A Power Of Attomey, Andrew R.
Klaers, was appointed to sign at closing for the Davis'. This properry was purchased as a
rehab/investment property, I did not at any time live in tlus properry.
After purchasing the property I contacted the previous owners in regazds to clean-up of
miscellaneous items (i.e. old cars, fire pit, tree house). I also conta.cted a local towing
company to have the cars removed, they told me I needed title of the vehicles before they
would remove them. I relayed this message to the previous owners and they agreed to
the clean-up and said their da.d would dispose of the items. After much discussion I felt
the items would be removed in a timely manner.
In the mean time I was putting my plans together to rehab the property/tear down and
rebuild a new dwelling. In the process of doing this I visited the properly a few weeks
after the discussions with the previous owners and saw that the outside items had been
removed. I then realized that the inside was left untouched. I then called Commercial
Container and ordered a 20 foot container and hired two helpers to clean out the inside of
the dwelling. I had several conversations with the neighbors in regards to the previous
owners and was told how excited they were that the property was being cleaned up
because it was an eye sore to the neighborhood.
..
Not knowing that the City of Fridley had removed the outside items due to not receiving
any correspondence (see attached letter dated November 4, 2002) I was unaware of
Advance Companies, Inc. bill to the City. In the letter dated November 4, 2002 it states
in Paragraph 3"Previous inspections of the property at 1275 Norton Avenue NE, MN
revealed the following conditions to which this Code Section applies." T'his paragraph
clearly states that the City had been doing inspections before I purchased the property on
October 30, 2002 and was not getting any response from Jason & Tiffany Davis.
In reviewing the documents that I have received from the City of Fridley and I.C. System
I do not feel that I should be in violation of any nuisances or City Codes. I feel that
because the City could not get any response from the Davis' I was, and my credit was
taken advanta.ge of. My attorney, Randall Strand, has been in contact with I.C. System to
have tlus removed from my credit and clear-up the misunderstanding with the City of
Fridley.
I sold the property on April 11, 2003 to PMJ Group, Inc. They have since then
demolished the dwelling and built multi-family units to bring value back to the
neighborhood.
In conclusion I believe that the City of Fridley needs to review this case and look at
previous documenta.tion and i.nspections that were attached to this property prior to my
purchase and place the collection activity with Jason & Tiffany Davis. I would like the
opporhznity to appear before the City and state my case and have this misunderstanding
between myself and the City of Fridley forgiven.
Sincerely,
...-
ett R. Hickman
2234 Quebec Avenue So.
St. Louis Park, MN 55426
cc: Randall Strand, Attorney-at-Law
I.C. System
Fritz Knaak — Attorney-at-Law
4Z
Page 1 of 1
Bolin, Paul
From: Bolin, Paul
Sent: Tuesday, April 13, 2004 10:38 AM
To: Burns, Bill
Cc: Hickok, Scott
Subject: Jarret Hickman
Dr. Burns,
In regards to the letter from Jarret Hickman, I have the following comments.
. Code enforcement letters were sent to this property following the standard practices that have been in
place for at least the past 6 years. Letters were sent to this property, addressed to a William & Faye
Covey, the owners of record at the time Stacy and Stephanie began addressing problems on this property.
• A letter was sent on January 4, 2001, by Stacy, for outdoor storage...the problems were corrected.
. Stephanie sent a letter on September 27, 2001 for a car on blocks in the driveway, again, the problem was
corrected.
. Stephanie sent a first notice of non-compliance for outdoor storage, unlicensed vehicles in the yard, and
improper refuse storage on September 5, 2002. Compliance was not obtained and a final notice was sent
on October 16, 2002.
• Around this same time period, Jarett Hickman began calling and inquiring over whether or not a duplex
could be built on the property. He was made aware, by staff, that there were outstanding code issues.
. Stephanie sent a Nuisance abatement addressed to "Property Owner" at 1275 Norton Avenue using the
regular mail, & a certified letter addressed to Jarret Hickman at the same address, on November 4, 2002 to
ensure that proper notice was given to whomever the property owner was and giving the property owner
until November 21, 2002 to comply. During phone conversations with Jarett Hickman, he was informed
that the City had scheduled a nuisance abatement, yet failed to take corrective action of his own.
. As no corrective action was undertaken by the property owner, the City proceeded with hiring Advance
Companies to do a nuisance abatement of the property in early December 2002. The total amount
assessed against the property for this work totaled $2,363.24.
Conclusions:
• Standard City code enforcement procedures and notification practices were followed.
• Jarret Hickman was also made aware of the problems through phone conversations with Paul Bolin &
Stephanie Hanson.
. In short, there is nothing the City can do now to help Mr. Hickman with his predicament. He WAS notified
and he WAS the property owner at the time of the abatement. It does not matter who's mess it was to
begin with, it became his responsibility once he purchased the property in that condition.
Please let me know if you have any further questions.
Paul.
48
6/23/2004
CIIYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287
April 14, 2004
Mr. Jarrett R. Hickman
2234 Quebec Avenue South
St. Louis Park, MN 55426
Dear Mr. Hickman:
Thank you for your letter of Apri19, 2004. In your letter, you indicate that a) you should not be
required to pay for the abatement of a nuisance that was created by a previous owner of your
property on Norton Avenue in Fridley, and b) that charging you for the cost of the abatement was
unfair in that you were not informed of our abatement efforts.
Since discussing this with you on the telephone and reading your letter, I have researched the
matter with members of our Community Development Department. Attached is a copy of their
conclusions. While I understand your frustration over having to pay for the removal of someone
else's junk, I. must concur with Paul Bolin in concluding that whether they or you created it,
when you bought the house, complete with junk, you also incurred the liabilities that go along
with the junk. Moreover, contrary to your letter, I must conclude that we did conununicate with
you by tel�phone and by letter on several occasions prior to hiring Advance Companies to do the
abatement. You apparently did not act as a result of our conta.cts.
T'he bottom line is I must conclude that the responsibility for the abatement costs belongs to and
will remain with you.
Sincerely,
.�
William W. Burns
City Manager
c: Paul Bolin, Planning Coordinator
Enclosure
..
Yage 1 ot 1
Burns, Bill ---_ --- --------- - --
From: Bolin, Paul
Sent: Tuesday, April 13, 2004 11:38 AM
To: Burns, Bill
Cc: Hickok, Scott
Subject: Jarret Hickman
Dr. Burns,
In regards to the letter from Jarret Hickman, I have the following comments.
• Code enforcement letters were sent to this property following the standard practices that have been in
place for at least the past 6 years. Letters were sent to this property, addressed to a William & Faye
Covey, the owners of record at the time Stacy and Stephanie began addressing problems on this
property.
. A letter was sent on January 4, 2001, by Stacy, for outdoor storage...the problems were corrected.
. Stephanie sent a letter on September 27, 2001 for a car on blocks in the driveway, again, the problem
was corrected.
• Stephanie sent a first notice of non-compliance for outdoor storage, unlicensed vehicles in the yard,
and improper refuse storage on September 5, 2002. Compliance was not obtained and a final notice
was sent on October 16, 2002.
• Around this same time period, Jarett Hickman began calling and inquiring over whether or not a
duplex could be built on the property. He was made aware, by staff, that there were outstanding code
issues.
• Stephanie sent a Nuisance abatement addressed to "Property Owner" at 1275 Norton Avenue using
the regular mail, 8� a certified letter addressed to Jarret Hickman at the same address, on November 4,
2002 to ensure that proper notice was given to whomever the property owner was and giving the
property owner until November 21, 2002 to comply. During phone conversations with Jarett Hickman,
he was infoRned that the City had scheduled a nuisance abatement, yet failed to take corrective action
of his own.
. As no corrective action was undertaken by the property owner, the City proceeded with hiring Advance
Companies to do a nuisance abatement of the property in early December 2002. The total amount
assessed against the property for this work totaled $2,363.24.
Conclusions:
• Standard City code enforcement procedures and notification practices were followed.
. Jarret Hickman was also made aware of the problems through phone conversations with Paul Bolin �
Stephanie Hanson.
• In short, there is nothing the City can do now to help Mr. Hickman with his predicament. He WAS
notified and he WAS the propeity owner at the time of the abatement. It does not matter who's mess it
was to begin with, it became his responsibility once he purchased the propetty in that condition.
Please let me know if you have any further questions.
PauL
4/13/2004
50
6/ 10/04
City of Fridley
� � %y��' I ��' /ti..r��
,�'"" ��r� ��
'7 u.ZL.r. t,l��� t�'v
Dear City of Fridley City Counsel Member: Councilmember Mayor Scott Lund
My Name is Jarrett Hickman. I am President of JAAM Red Enterprises. We buy, sell,
rehab and hold real-esta.te properties.
I am writing this letter to you to request relief from a fine imposed by the City of Fridley.
I also would like this removed from my credit report. The fine was imposed for a failure
to clean up the property at 1275 Norton Avenue. .
This request is based on a lack of opportunity to rectify the situation. I received no
notification of a nuisance on tlus property until two months after it was cleaned up. My
company purchased this property on October 30, 2002. As part of the purchase
agreement the sellers agreed to clean up the property. Approxi.mately three weeks after
closing I visited the properry and found the material on the outside had been removed. It
was my belief this had been done by the sellers. It was not until later that the City of
Fridley sent notification tha.t the cleanup costs were being assessed by the municipality.
I contacted the City of Fridley regarding the failure to notify me of this problem and was
told they sent letters, including one certified, to the property address. Even though the
property was vacant, no letter was sent to my office or personal address. As the city
knew I purchased the property it seems only equita.ble to expect Fridley to contact me at a
correct addxess. Cleazly, proper effort was not made to allow me to correct the trash
problems. Had I been contacted, I would have shown that steps were already being taken
to correct this situation. Unfortunately, I was not given a chance to do so and am now
being dunned for cleanup costs. I believe this to be unfair.
In one of my conversations with Mr. Burns and Mr. Bolin, they stated tha.t I�had signed a
receipt for the certified letter. As sta.ted above, this is untrue. I have requested a copy of
this receipt, but it has not been produced.
By this letter, I am requesting that this issue be put on the agenda for the next city council
meeting at which I will ask that this bill be forgiven. Please notify me when this has been
scheduled. Thank you.
S'�.er y,
�Jarr ' . Hickman
ident
Jaam Red Enterprises
51
July 2, 2004
Mr. Jarrett Hickmann
2234 Quebec Avenue South
St. Louis Park, Minnesota 55426
Dear Mr. Hickmann:
Per your request to be placed on the City Councils agenda, to discuss your nuisance
abatement, your item has been placed on the Council's agenda for their July 12"' meeting.
The City Council meets at 7:30PM in the City Council Chambers, located in the Municipal
Center. The address for the Municipal Center is 6431 University Avenue.
Sincerely,
Paul Bolin, AICP
Planning Coordinator
Attachments
C-04-
52
KNAAK & KANTRUD, P.A.
Attorneys at Law
Frederic W. Knaak*
H. Alan Kantrud**
*Also Licensed in
Wisconsin & Colorado
**Rule ]14 Qa�alifted ADR Civil Neutral
July 8, 2004
Dr. William Burns
3500 Willow Lake Blvd., Suite 800
Vadnais Heights, MN 55110
Telephone: (651) 490-9078
Facsimile: (651) 490-1580
City Manager, City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
(BY FACSIMILE @ 763-571-1287 & U.S. MAIL)
RE: Hickman Property Abatement
Dear Dr. Burns:
,!!!L — 9 REC'Il
Of Counsel
Donald W. Kohler
Joseph B. Marshall
Kathy Krider Hart
Thomas M. Dailey, P.A.
I have met with the City staff regarding the above-referenced matter as well as reviewed the
materials provided to me from the City files.
As you may recall, Mr. Hickman has written to the City requesting that his request for
forgiveness or a reduction in the amount he owes the City for abatement costs be placed on the
agenda for City Council discussion and action.
The cost of the abatement to the City was $2363.24. The City has since added late penalties and
charges that have now brought that amount to one in excess of $4000. The City turned the
matter over to IC Systems, a collection agency. Mr. Hickman has written to complain that he no
longer owns the properiy and that the ongoing action by the City to recover these costs has
adversely and, he argues, unfairly affected his credit rating. He believes the City should cease
pursuing him on this claim.
In reviewing the file, it does appear that staff did comply with the procedures required under
State law and the City's own ordinances in providing to Mr. Hickman the necessary notice of the
conditions on his property requiring correction, as well as the intended action by the City in
abating those conditions. As the property owner, Hickman was responsible for the remedial
measures necessary. .
The ordinances contemplate use of assessment as a means available to accomplish this effort.
Assessment is not, however, the only remedy available to the City. Since the obligation is on the
part of the owner of the property, the City can bill and, if necessary, sue a property owner for this
or any other obligation that individual may have with the City.
Mr. Hickman has indicated that he has since sold the property and the issues that had been raised
by the City are no longer his to deal with. In fact, outstanding obligations and even potential
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assessments of this sort are the obligation of a landowner to disclose to a subsequent purchaser.
Parties to a real estate purchase that is subject to such a claim have the right to allocate among
themselves the manner of paying off the assessment. Knowing failure to disclose such an
obligation on property can, in some circumstances, be found to be fraud if the non-disclosure
results in liability to the subsequent owner.
In this case, apparently, no such agreement was reached and the abatement cost remained a
personal obligation on the part of the owner of the properiy at the time they were incurred: in this
case Mr. Hickman.
My understanding is that the practice of the City to add finance charges and penalties in these
cases is a longstanding one. I have no opinion as to whether the methods used in imposing those
penalties in this instance are consistent with those past practices and the requirements of law.
I would conclude that the methods and procedures followed in charging Mr. Hickman for the
actual costs associated with the abatement of nuisance conditions that existed on property he
owned in the City of Fridley were correct and enforceable. �
The City Council has, in these instances, complete discretion as to whether it chooses to continue
to seek recovery of the monies spent to clean up the Hickman property, or to forgive all or any
part of that obligation.
W. Knaak
Fridley City Attorney
CC: S. Hickok
P. Bolin
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�
� AGENDA ITEM
��F CITY COUNCIL MEETING OF JULY 12, 2004
FRIDLEY
INFORMAL STATUS REPORTS
55