07/26/2004 - 4589OFFICIAL CITY COUNCIL AGENDA
CITY COUNCIL MEETING
JULY 26, 2004
�
�` CiTY COUNCIL MEE7'It�G OF JULY 26, 2004
cxrr 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 auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION OF VALUES FIRST
2004 COMMUNITY RECOGNITION AWARDS:
Community Organization: Fridley United Methodist Church Group
Business: Target Operations Center
PROCLAMATION:
National Night Out — Tuesday, August 3, 2004
E4PPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of July 12, 2004
FI�IDLEY CITY COUNCIL MEETING OF 3ULY 26, 2004 PAGE_2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Resolution Approving a Piat, PS #04-03, Fifth
Street Townhomes, by Gerald Windschitl, Tradition
Homes, Inc., for the Purpose of Constructing a
Four-Unit Town Home Development, Generally
Located at 5541 Fifth Street N.E. (Ward 1) ....................................................... 1- 5
2. Approve Development Agreement between the
City of Fridley and Gerald C. Windschitl of Tradition
Homes, Inc., for the Property Generally Located
at 5541 Fifth Street N.E. (Ward 1) ...................................................................... 6- 13
3. Approve Preliminary Plat Extension Request,
PS #03-18, by Town Center Development for the
Properties Located at 1282 Mississippi Street
and 6490 Central Avenue N.E. (Ward 2) ........................................................... 14
4. Ratification of Actions and Reauthorization
to Execute City of Fridley and School
District No. 14 Land Swap Documents .............................................................. 15 - 16
5. Approve School Resource Officer Service
Agreement between the City of Fridley and
School District No. 14 ........................................................................................ 17 - 19
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Fl�DLEY CITY COUNCIL MEETING OF JULY 26, 2004 PAGE 3
�PPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
6. Claims
7. Licenses
...................................................................................................... 20
....................................................................................................... 21 - 24
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
NEW BUSINESS:
8. Informal Status Reports
ADJDURN.
.................................................................................... 25
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NATIONAL NIGHT �UT
Tuesday, August 3, 2004
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a
unique, nation-wide crime, drug and violence prevention pYOgram on August 3, 2004,
called "National Night Out "; and
WHEREAS, the "21 S` Annual National Night Out" provides a unique oppo�tunity for
Fridley to join forces with thousands of other communities ac�oss the country in
promoting cooperative, police-community crime prevention efforts; and
WHEREAS, Fridley Nesidents play a vital role in assisting the Fridley Police
Department through joint crime, drug and violence prevention efforts in Fridley and
by supporting "National Night Out 2004 " locally; and
WHEREAS, it is essential that all citizens of Fridley be aware of the importance of
crime pNevention programs and the impact that theiN participation can have on
reducing crime, d�ugs and violence in Fridley; and
WHEREAS, police-community partnerships and neighborhood safety, awareness
and cooperation are important themes of the "National Night Out" program;
NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of
Fridley, do hereby proclaim Tuesday, August 3, 2004, as:
NATIONAL Ai=GHT OUT
BE IT FURTHER RESOLVED, that I, Mayor Scott J. Lund, do hereby call upon all
citizens of Fridley to join the Fridley Police Department and the National Association
of Town Watch in suppo�ting the "21 St Annual National Night Out" on August 3,
2004.
IN WITNESS WHEREOF, I have set my hand and
caused the seal of the City of Fridley to be affixed
this 26`h day of July, 2004.
SCOTT J. LUND, MAYOR
MINUTES OF THE
FRIDLEY CITY COUNCIL MEETING
OF JULY 12, 2004
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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JULY 26, 2004
7:30 p.m. - City Council Chambers
Attendance Sheet
Please nrint name, address and item number you are interested in.
Print' Name tClearly) Address Item Na.
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Dear Editor July 25 2004 J-�� ��J
Please publish this piece in the next possible issue, I call it Expansion Plan Uproar is d j�A �'v"
Understandable.
Now that the residents of the Moore Lake Hills and Gardena neighborhoods laiow about the �I�j ��l("yIQ
expansion plans of the Islamic Center of Minnesota, the debate can begin. I would like to th�nk the Islamic �1�- �J '��
Center of Minnesota for hosting the open house on July 13th. Although it is very early in this debate and (�",3 �'°�y
many things are subject to change, in my opinion, the "uproar" in the Moore Lake Hills and surrounding
neighborhoods is understandable. I am personally very concerned about the expansion plan starting with
parking, ponds, programs, and privacy.
The parking plan that was presented was not a plan at all; it was a plan to NOT build adequate off-
street parking. The amount of parlcing on the site glan was penciled in because the City of Fridley
Community Development Department woutd not accept a plan that did not meet the requirements of law,
based on building size and usage. If the parking lots were built, it would require the removal of two single
family homes at 1345 and 1�t 13 Gardena Avenue, which aze currently utilized as day care centers. Of course
it would be costly for the Islamic Center to raze the daycare centers for parking lots. However, in my
opinion that is exactly what they will have to do to meet the necessary off-street parking requirements,
especially at this location, which is already very busy with the proximity of Totino Grace High School.
The fact that the new classes of high school children "will not drive to school" is just as irrelevant
as a new business not building required parking because the employees plan on carpooling, or can take the a
bus if a bus stop is neazby. Sharing the parking with Totino Grace is not part of a solution either because
they have recently had to expand their parking just to meet their own needs. Pazldng requirements are not
based on the actual use, but on objective criteria in our City of Fridley codes. The project architect Dean
Dovilis said part of the parking plan would require some negotiation at City Hall, rather than building actual
parking lots. T would accept a personal invitation to represent the neighbors if there is going to be some deal
making which r��*n���s parldng requirements for the Islamic Center.
The presenters at the open house were very clear about not building the required pazking other than
the parking behind adjacent neighbars and even BETWEEN two single family homes on a lot that is clearly
�latted for a single family home. The lot was left undeveloped except for a walking path for the
neighborhood children to walk to Gardena Elementary starting in 1967. The parldng lot in between homes
on Hillcrest is completely unacceptable to every resident I have tallced with. It essentially turns a residential
"horseshoe" street into a through street between two homes. In the Hyde Park neighborhood the city has
spent millions of taxpayers dollars to remove what was essentially a parking lot in between single family
homes (Franks Used Cars). If tlus parking plan were approved it a11ow the exact opposite land use in the
Moore Lake Hills neighborhood.
The Islamic Center said that this driveway and parking was required by fire code. The day after the
open house I went to city hall and had a conversation with both the Fire Chief and Fire Marshall who both
said they had not yet made that determination, and had not contacted the Islamic Center. Even if it is
required by code to have emergency access from Hillcrest, why have the parking lot between the side yards
of two homes? I have aU�eady pointed aut that it would be inconvenient and costly to build parking lots off
of Gardena Avenue, appazently the residents on Hillcrest will not be inconvenienced by a pazking lot in
between the side yazds of two homes. I have toured almost every school, church, and community center in
Fridley, and in no case is parking permitted between two homes even with a special use permit.
Once a reasonable parldng plan is introduced and hazd surface area is calculated, now we can
consider storm water containment ponds. The location, size, and capacity of ponds are determined by the
amount of hard surface created by the proper amount of parking and other non-permeable surfaces built for
the expansion. Once again, the Center's idea is a plan to NOT have a self-contained on site storm water
pond. The site plan pictured on the cover page of the Sun Focus July 22 issue does not illustrate the entire
pond, proximity of homes, and the much lower elevation of the homes.
Half of the pond illustrated on the fi-ont page of your paper is on the adjacent homeowner's
property. The Islamic center storm water would simply flow into the back yards of the residents. Properties
have already been flooded during heavy rain seasons, even without the additional water that would increase
as the e�ansion turns acres of rain absorbing land into acres of hard surface. This is a natural pond, the
additional runoff threatens the existing habitat and to my knowledge, there has not yet been environmental
impact study for this natural wildlife area.
Clearly, a man-made storm water containment pond is required on the Islamic Center properiy, just
like the pond that was built when the Fridley Community Center was expanded. In fact, the Fridley High
School recently had to build a storm water containment pond when the new running track was built even
though it would have been more convenient to let the rain water flow into the Community Center parking lot
and into their containment pond.
If the proper required pazking and storm water pond is acceptable to the City of Fridley
Community Development Staff, we can now consider privacy issues starting with the Islamic Centers
programs. The operation hours of the facility and the programs offered are more consistent with a business,
community center, school, and church a11 combined. The programs and activiries may make the Islamic
center a seven-day a week, possibly up to eighteen hour a day facility. The hours of operation and
continuous traffic and noise does have an impact on the quality of life of the neighbors thus privacy issues
must be considered. There needs to be some kind of uuderstanding between the residents and the Islamic
Center about limited hours of operation perhaps stipulated in the special use permit that is required for the
project.
Another privacy issue is screening. City code requires proper screening between parking lots and
residential homes for the issuance of a special use pernut in R-1 zoning. The privacy of neighbors would be
lost immediately once construction is approved. I have recommended to the City of Fridley Director of
Community Development, that the special use permit have a stipularion that calls for all screening (privacy
fences) to be constructed first throughout the site, prior to the issuance of building permits for anything else.
This is necessary because it took years of neighborhood complaints before the Center built a fence between
the service area of the existing school, and the adjacent neighbors. It is just the good neighbor thing to do,
building fences that ensure some privacy from all the construction noise and traf�ic, dust and debris, and
continuous development activiiy which will be completed in phases for up to the next five years.
There are many other concerns that the residents have which are more subjecrive such as the
falling value of homes; the safety impacts of increased traffic on our once quiet residential streets, and a
development completely changing the character of a neighborhood. These issues, though very subjecrive,
must also be considered. Even though the eapansion plan is on Islamic Center land, the health, welfare, and
quality of life of the neighborhoods will be affected.
I would request from the Sun Focus that in future articles on this controversial subject, that you
illustrate the lazger area, which also shows the residential properties and streets that will be affected by this
expansion. The photo an page 5 does not illustrate the close proximity of the two households, which are
most affected by the parking lot, and does not mention that it will require a separate storm water
containment pond. A picture is worth a thousand words; maybe a lazger diagram of this area will help your
readers understand what the "uproar" is about.
Respectfully,
i
Timoth M. Byrne
Moore Lake Hills of Fridley
_ �� I�. ���Tz
160 Mississippi Place Minneapolis, Minnesota 55432 (763) 574-1730
Mayor Scott Lund and City Counsel
Don Abbott-Chief of Police
RE: 5tate of MN v. Larry Herbert Spitz
Case No. 04-84076
�������
Requesting an internal investigation of Officer Cesare #115 and Fridley Police Officers.
At a per�on's suggestion-I am requesting an investigation of officer Cesare #115- as well as, the
officers that work nights in "Friendly Fridley"
There are two sides to every story, and after purchasing a copy of his report and doing some
personal investigation- I am compelled to request an internal investigation into this matter and
the obvious perception by the public of the police that work the night shift.. I have talked to
Lynne Tellers about the incident and her reply was--Cesare is very active and HE DID NOT
LIKE YOUR ATTITUDE AND THAT WAS THE REASON FOR GETTING THE CITATION.
Infact, right after the incident-I called Lynne and left her a message stating that I was concerned
about being hurt by Cesare- my message-" I am concerned he will be breaking down the door and
hurt me" I wanted to go on record with the police department and knowing Lynne for years-felt
this would be prudent.
Yes- I took the paper and my intent was to pay for it-but I forgot my wallet. My intent was not to
steal it. I was never offered to walk home and get my wallet-I was dealing with Cesare.-he
determined I was GLJILTY.
MY RECOLLECTION OF THE INCIDENT.
� was confronted by Cesare when I was going back home to get my wallet-yes- I had the paper-
and I was attempting to cross East River Road. We had eye contact and he proceeded to cross
the median and force-ptish me back with the police car. Originally-I thought he was pursuing an
important police call-and didn't want to make a u-turn. He then proceeded to direct me with his
car to the front of the gas station. He got out of the car and I replied--What the is this????
He said SHIJT UP �ND BACK UP TO THE STORE. We discussed the paper and his report is
accurate-I was tired, forgot my wallet etc. Then he proceeds to lecture me that I need to carry
identification with me "at all times" in Fridley-my comment was-"who the hell are you"-this is
t�ot a police state. He became very mad-how dare anyone question the Fridley Police.
Then-fie asked me questions--
DQ YOU KNOW WHERE YOU LIVE? 160 Mississippi Place Apartment #1
DO YOU KN�W YOUR NAME? Larry Herbert Spitz
DO YOU KNOW HOW TO SPELL YOUR NAME? Yes-and do you know how to ��rite or do
you still print. _
My comment-really upset him and he then called for BACKUP. The officer came and Cesare -
before checking out my information on the police computer-told the other officer-who was out of
his car--IF HE KIJNS CHASE HIM DOWN. My information checked out. I have never ever
received a ticket-I am 56 years old.
I feared for my Iife and let him lecture me as he told me-HE DIDN'T LIKE MY ATTITUDE
AND IF MY STORY DOESN"T CHECK OUT-I WOULD RECEIVE A CITATION IN THE
MAIL.I walked home shaking and left the message for Lynne Tellers
His report-copy attached-is different from my recollection:
No mention of the median he crossed
No mention of carrying a license at all times
No mention of the interrogation
No mention of "back-up"
No mention-"if he runs chase him down"
I found out that this citation carried a mandatory court date and at the suggestion of Lynne-called
the prosecuting attorney. His letter to me is enclosed-dated 4/29/04
I went to court on 6/3/2004 and pleaded not guilty and have my next court date 8/17/2004.
How many tax dollars are being spent-because he didn't like my attitude???
I wondered just what encounters Fridley residents had with the police and went and asked
employees and managers of stores opened all night. I have no way to find out about person's
stopped by the police. What- I found out was very disturbing.
1�fter dark-Fridley Police control everything. Just go to SA on Central Ave and they can te11 you
stories about Mike and Randy. The SA-can tell you about Cesare. Most employees and managers
are skeptical of the police. Some of the stories-I have heard are very DISTURBING. I thought
the WILD WEST WAS HISTORY BUT IS PRESENT IN"FRIENDLY FRIDLEY" AT NIGHT.
I have Iived in Fridley for 26 years and had no idea of what happens during the Night Shift in
Fridley-yet-with not much effort-I have heard many stories.
I WONDER-IF IFOUND OUT THE OBVIOUS"IMAGE PROBLEMS" THAT EASY-WHY
DO THE�' EXIST??????????
Hopefully ���e can have this settled before the next court date of August 17, 2004
( �7 �
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LaI7y H. S � ltT �
'r',nc�osures:
Citation
Keceipt for Citation
Letter of 4/29/2004
Notice of Court Appeara.nce
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DRIVER LICENSE N0.
STATE ICR N0. n y
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STATE�IP CODE �� r� S:'r` S I!� i 7 L %�'1 �% C 7C Crn/�
DAfyTE OF BIRTH EYES HEIGHT WEIGHT SEX Ta
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� VEHICLELICENSE PLATE .: STATE MAKE
MO�EL COLOR
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� DATE OF OFFENSE - TIME JUVENILE PARENT/GUARDIAN
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LOCATION & CITY �
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STATUTE/ORDINqNCE
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❑ COMMERCIAL VEHICLE ❑ OWNER OF VEHICLE
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� ❑ HAZARDOUS MATERIAL — - � pASSENGER _ �.QPERATE, _ ^y+�
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ACCIDENT: K�
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OR PROPERTY ❑ PROPERTYDAMAGE ❑ FATAL
❑ UNSAFE CONDITIONS ❑ PERSONAL INJURY '
❑ PEDESTRIAN •
DATE OFCOURTAPPEARANCE (MO., DAY, YR.) TIME '
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; ANOKq COUNTY COURTHOUSE N � �
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f NOTE: REFER TO BACK OF SUMMONS FOR FURTHER INFORMATION. �
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�`c'E'ENSE/INCIDENT DAY OF WEEK
��7;PI�IOUS MALE/THEFT S�
DATE REPORTED TIME REC'D T?ME DISP TIME ARR TZME COMPI,ETE HOW RECEIVF'D
4/18/04 425 425 435 I
DATE OCCURRED TIME OCCURRED ' ) r'
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�I�ACE OF OCCURRENCE GRID # ,r 'r'�
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CFFICER ASSIGNED SQUAD TYPIST ISN MOC/9000 DISP
�E�ARE #115 3M32 VALIIE OF THEFT $1 7j
A55ISTING OFFICER SUPV APPROVAL VALUE RECOVERED
�f�TTFR �� -�Pub11C VALUE OF DFIMAGE
("PHF.R TNV(IT,VRiI PARTTF.R :
��) LARRY HERBERT SPITZ 11-20-47 160 MISSISSIPPI ST #1 FRIDLEY MN 55432 574-1730
_�M} SUNDAY MORNING EMI'LOYEE• JUDY CONLEY
;{M) MANAGER• HELEN
POSSIBLE STOLEN ITEM: STAR AND TRIB SUNDAY NEWSPAPER
LDrTAILS OF INCIDENT:
I was southbound on E River Rd approaching Mississippi St when I observed a male walking by the front
�oors of the Spur Gas Station. I then did a u-turn in the 6400 blk of E River Rd and stopped the male as he was
�L��ting ready to cross E River Rd. I observed the male to be carrying a Sunday Newspaper. I asked the male what he
s,�<:s doing and he advised he was just getting a Sunday paper. I told the male I did not know the gas station had a
.��:«rspaper dispenser and asked him to back up so I could see if there was one. The male backed up some and I did not
��.:e one. I then asked the male to go back to the front of the store. I then observed several piles of newly delivered
�t�a�-z�a.� �:,;�sNdy.,rs ��.ctie� up by ihe �r�nt door •
The male then acivised he took one of the pape'rs„ I asked if he had left money and he advised he forgot his
�x:r�llet, however, he usually leaves the money on top of the papers. I then started to request the males full name and
�:'�te of birth. The male then staned to get upset that I wa.s asking this information. I asked why this was and he
����ivised he worked a long day, was on his feet all ciay, was tired and did not mean to get upsex. I then checked the
j�i.xles DVS photo and it matched. The male verbally identified hims�elf as Larry Spitz.
I then advised th� male that I will checking with the store to see if his story checks out and if it did not I will be
::��.il.ing him a citation for theft. Spitz then became upset that I was going to be checking his story out with the store
:=�d asked what I meant. I advised that if he leaves money for the paper on Sunda.ys then the employee could tell
�..�e so. Spitz then started to raise his voice telling me he usually leaves mo�ey and sometimes he drives up to S/A. I
�:;°�^n used a firm tone of voice witb Spitz �nnd advised him I had an obligation to check with the store because if he
�;,�_� t�king the paper an�i not paying for it it was theft. I also told Spitz that it was strange thaY he came to the store to
::�� � paper but did nat bring amy money. ; Sptiz adv��e� �hat he was wrong and I advised that I thought he was.
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�as busy on another call, I asked Officer Potter to speak to the Sunday morning employee to see if Spitz �
to�y was conect. I was told that the employee, Judy, opens every Sunday Morning. Judy had advised that
�ccasionally she will show up to work and find a quarter on top of the papers.
On the evening of 4-18-04 I spoke to the stores manager, Helen, about the incident. I was told that she did work
�ne Sunday and found what she thought was a paper missing and no money. Helen advised it was okay if the male I
pake to was charged with theft. I then mailed Spitz a citation # 762-009 for theft. Clear
CESARE
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N�wpuzsT & �xsxxu�, Gz�4xT�x�D
ATTORNEYS AT LAW
SUITE 301. FRIDLEY PLAZA OFFICE BUILDING
6401 UNIVERSITY AVENUE N.E.
FRID�EY, MINNESOTA 5543Z-4381
CARL J. NEWQUIST TELEPHONE (763> 571-6870 OF COUNSEL
Q. WI�LIAM EKSTRUM FAX (763) 571-6684 GREGG HERRICK PLLC
DAVID J. BRODIE DOUGLAS J. PETERSON`
LEGAL ASSISTANT
PATRICIA A. PHILLIPS
April 29, 2004
Mr. Larry H. Spitz
160 Mississippi Street, #1
Fridley, MN 55432
Re: State of Minnesota v. Larry Herbert Spitz
Case No. 04-84076
Dear Mr. Spitz:
i have reviewed the police report you brought to my office regarding the allegation
of theft arising from an incident at the Spur Gas Station in Fridley on April 18, 2004. I
would be wiiling to resoive this case by giving you the option of either of the following
results:
1. You pay a$100.00 fine, and the matter would be certified as a petty
misdemeanor. You would need to get a check to this office made
payable to the Court Administrator, and this ofFice would submit the
check to the Court along with a request that the matter be certified
as a petty misdemeanor.
2. You could appear in court on the day of your scheduled
arraignment, and enter a guilty plea, with the agreement that there
would be a stay of adjudication. In other words, the Court would
have your guilty plea on the record, but wouid not accept the guilty
plea as a conviction. In lieu of that, the Court would require you to
pay $100.00 in prosecution costs, and wouid also require that you
have no same or similar charges within the next twelve (12) months.
If you meet those two conditions, your plea will be vacated, and
there would be no record of a conviction (even of a petty
misdemeanor).
'C�F.IZTII�'S7-:D .\S .1 I21�:AI, PIt(�PLlt'PY LAW S1'li(;I_1LIti'l' I1Y TF1P MINNI�:SO'P.� S'1'ATti HAR .15tiOGI.�'CI(>Y
Mr. Larry H. Spitz
April 29, 2004
Page 2 of 2
If you want to get some legai advice about your options, I encourage you to do so.
If you or your attorney wish to discuss anything with me further, feel free to give me a
call. If you do want to resolve this as a petty misdemeanor prior to your court
appearance, you will need to get payment back to me promptly.
BWE/jz
Very truly yours,
,G��"C
B. William Ekstrum
Fridley Prosecutor
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CITY OF FRIDLEY
CITY COUNCIL MEETING
JULY 12, 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, and
Councilmember Bolkcom.
OTHERS PRESENT: William W. Burns, City Manager
Scott Hickok, Director of Community Development
Richard Pribyl, Finance Director
Jack Kirk, Director of Recreation and Natural Resources
Rebecca Brazys, Recording Secretary
Fritz Knaak, City Attorney
Malcolm Mitchell, Chair, Springbrook Nature Center Foundation
Peter Borman, `49er Days Chair
Peter Eisenzimmer
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of June 28, 2004
APPROVED
NEW BUSINESS:
1. Resolution No. 2004-34 Amending the Housing Replacement District Plan
for Housing Replacement District No. 1 to include Phase IV.
Dr. Burns, City Manager, explained that the Housing Replacement Program allows the
HRA to collect tax increment on scattered housing sites that it has acquired since 1995.
The action before Council tonight approves Phase IV by adding 8018 Ashton Avenue
N.E., which was recently sold. While the City received the money from the sale of the
property, the increment collected over 15 years will be held by the HRA for use in
FRIDLEY CITY COUNCIL MEETING JULY 12, 2004 Paqe 2 of 12
furthering its redevelopment programs. The HRA approved the amendment at their
meeting on July 1. Staff recommends Council's approvai.
ADOPTED RESOLUTION NO. 2004-34.
2. Resolution No. 2004-35 Ordering Improvement, Approval of Plans and
Ordering Advertisement for Bids: Marion Hills Reservoir Replacement
Project No. 356 (Ward 1).
Dr. Burns, City Manager, stated the 2004 Water System Capital Improvements Plan
includes $550,000 for the replacement of the Marion Hills water storage tank. The
design of the tank has been completed and staff recommends Council approve the
plans and authorize staff to seek bids for the project. Bids will be opened on August 2,
awarded on August 9, and the existing tank torn down shortly after Labor Day.
Construction should be completed by mid-December. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2004-35.
3. Claims.
APPROVED CLAIM NOS. 117045 THROUGH 117209.
4. Licenses.
APPROVED THE LICENSES AS SUBMITTED AN AS ON FILE.
5. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
2004 Street Improvement
Project No. ST. 2004 —1
Estimate No. 2 $192,915.92
Magnum Company LLC
7309 Lake Drive
Lino Lakes, MN 55014
Woodside Court Improvement
Proj ect No. ST. 2004 — 2
Estimate No. 2 $ 29,482.68
FRIDLEY CITY COUNCIL MEETING JULY 12 2004 Paqe 3 of 12
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve
the Consent Agenda.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOULSY.
ADOPTION OF AGENDA
MOTION by Councilmember Bolkcom, seconded by Counciimember Woife, to adopt the
agenda.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOULSY.
OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes.
Peter Borman, Chairman of the '49er Days Committee, thanked the Council and all the
City departments and staff members who helped make this year's event successful.
OLD BUSINESS:
6. Resolution No. 2004-36 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 Septernber 8, 2003).
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove
this matter from the table.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mr. Pribyl, Finance Director, said a resolution was passed on July 28, 2003, in
compliance with Section 7.02 of the Fridley City Charter, defining the need for a tax levy
greater than the defined index for use with the Springbrook Nature Center. The need
was due to the State Legislature cutting city and state aid for 2003 and beyond.
Dramatic budget cutting measures were required to provide a budget for 2004 and a
draft for 2005. One of the major cost reduction plans was to eliminate the naturalist
programming at the Springbrook Nature Center. Based on the feedback staff received,
it appears that public opinion is in support of levying an additional $275,000 in taxes to
support the programming, maintenance and administration for Springbrook Nature
Center. Pursuant to the City Charter, a public hearing notice was published three times
prior to the public hearing (July 31, August 7 and August 14, 2003). The public hearing
was held August 25, 2003. At the close of the public hearing, Council reviewed the
FRIDLEY CITY COUNCIL MEETING JULY 12, 2004 Paqe 4 of 12
resolution that would have placed this levy on the ballot for 2004. Councii tabled the
resolution to this meeting. The resolution must be approved by a 4/5 vote. It would
begin the election process that would ask the voters whether they would like to pay
additional taxes to maintain the programs at the Springbrook Nature Center. If the
resolution was approved and the question of the levy was not approved by the voters,
Council would then pass a final resolution levying taxes without the $275,000.
Councilmember Bolkcom asked how staff came up with the figure of $275,000.
Mr. Kirk, Director of Recreation and Natural Resources, said they evaluated all the
equipment and needs of Springbrook Nature Center well into the future. They came up
with about $30,000 per year. They also looked at the budget level of $300,000 for
2003, which allowed them to be open Sundays and evenings, provide programs to the
public and provide a maintenance person which had been cut out of the budget. The
level of the budget would work at $303,118 plus $30,000 per year for the replacement
items. They felt a reasonable leve� of revenue from programming would be about
$58,500. Subtracting the revenue would leave a balance of about $275,000. In
previous years, Springbrook Nature Center had an income of around $40,000. In 2002,
it was $55,000. This year they instituted an admission fee, raised a number of other
fees and scheduled fundraising events. The $58,500 figure does not include any
admission charges as they found that people were not paying admission fees as they
had hoped. It also does not include as many of the fundraising events.
Dr. Burns, City Manager, stated the nature camp fees were raised about 25 percent and
asked if the projected amount includes the increase.
Mr. Kirk stated it included the level they thought they would end up with.
Councilmember Barnette asked if inflation continues to occur, how the additional costs
would be covered and if they would need to ask for another referendum to increase the
amount.
Mr. Kirk explained that the $275,000 figure could go up at the same rate the City budget
is allowed to increase.
Mr. Pribyl explained it is controlled by the Charter Amendment so that the amount can
increase based on the amount of inflation, but no more than 5 percent.
Councilmember Barnette asked if the expectation was that any additional amount
required would have to be covered by additional fees.
Mr. Kirk responded they would take a look at how they would have to adjust fees to
make up the additional revenue.
Councilmember Wolfe asked Mr. Pribyl about the impact on individual taxpayers and
how the $26.00 figure will be affected by inflation and increased home values.
FRIDLEY CITY COUNCIL MEETiNG JULY 12 2004 Paqe 5 of 12
Mr. Pribyl said the figure will go up as values go up and the increase is approximately
$1.30 per $10,000 worth of valuation.
Pete Eisenzimmer, 6535 Oakley Drive N.E., expressed his concern that housing prices
continue to increase and this tax levy will add to that increase.
- Mayor Lund said the levy will be placed before the voters. The question was the dollar
amount that would be placed on the ballot.
Councilmember Bolkcom asked if the resolution should say 2005 rather than 2004.
Mr. Pribyl responded that 2004 refers to the action Council will take during 2004 for
taxes payable during 2005.
Councilmember Bolkcom asked if Council passed a motion agreeing to place the
question on the ballot.
Mr. Pribyl responded there was a second motion on the resolution on September 8,
2003.
Dr. Burns asked if the dates needed to be changed on the resolution as the resolution
was tabled in 2003.
Mr. Pribyl explained that the approved resolution that defined the need for this levy does
not need to be modified because the need still holds.
MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to offer a
substitute motion to adopt an updated resolution.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Councilmember Billings stated in the title of the resolution before Council in 2003, the
date was 2004. In the current resolution, the date is still 2004.
Mr. Pribyl stated Council can change it to 2005.
Councilmember Billings asked if the year in the first "whereas" paragraph should be
changed.
Mr. Pribyl stated if the heading is going to be modified, this paragraph should also be
modified.
Councilmember Billings asked if any resolution should be acted upon this year.
FRIDLEY CITY COUNCIL MEETING, JULY 12, 2004 Page 6 of 12
Mr. Knaak, City Attorney, stated the Charter states that a resolution is required
declaring the need for the tax levy and that was done by the Council in 2003. Just
because the need was declared in 2003 does not mean the tax had to be levied in
2003.
Councilmember Billings stated he just wanted to make sure that the City Attorney is
comfortable that this will meet any legal challenge. '
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to .
approve the updated resolution.
MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to amend
the title of the resolution to read "Index for Tax Levy Requirements for 2005."
Mayor Lund asked if the first "Whereas" paragraph should also be amended to read
2005.
Councilmember Bolkcom said Mr. Knaak indicated that it refers to actions that took
place last year.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO AMEND THE RESOLUTION CARRIED ON A UNANIMOUS VOTE.
Councilmember Wolfe said if this passes, the ballot will reflect the figure of $275,000.
Mayor Lund responded that is correct.
Councilmember Billings questioned if the ballot will include all the resolution text from
the "Whereas" down.
Mr. Pribyl said it would.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO APPROVE RESOLUTION 2004-36 CARRIED ON A UNANIMOUS VOTE.
Councilmember Bolkcom asked if there is anything else the City Council needs to do in
order for this matter to be on the ballot in November.
Mr. Pribyl explained that staff will review the resolution with the City Attorney and
forward it to Anoka County.
Mr. Malcolm Mitchell, Chairman of the Springbrook Nature Foundation, thanked the
Council for their support.
FRIDLEY CITY COUNCIL MEETING, JULY 12, 2004 Paqe 7 of 12
NEW BUSINESS:
7. Request by Jarrett Hickman to forgive charges for Nuisance Abatement.
Mr. Hickok, Community Development Director, stated the property in question is at 1275
Norton Avenue N.E. and has been the subject of numerous code violations. In January,
2001, staff sent a letter to William and Fay Covey regarding an outdoor storage problem
on this site. That was corrected through code enforcement efforts. In September,
2001, another code enforcement action was required because of a car on blocks for a
period of time. This problem was corrected. About a year later, the property was again
observed with outdoor storage code enforcement problems. The property was in a
general state of disrepair. Staff sent a letter to the property owner on September 5,
2002. Records indicate the property was sold in October 2002. No compliance was
gained through the letters sent to the property address.
Mr. Hickok stated at that time, Mr. Jarrett Hickman began calling about this property and
asking if a duplex could be built on the site. Staff indicated to Mr. Hickman that there
were code enforcement issues on this site. Paul Bolin and Stephanie Hanson spoke
with Mr. Hickman about the issues. Letters were mailed to the property and Mr.
Hickman was notified through telephone conversations, yet no action occurred. The
code violations remained.
Mr. Hickok said that after the verbal discussions with Mr. Hickman, a letter was sent to
Mr. Hickman on November 4, 2002 indicating the property would be abated. This is
standard procedure spelled out in Ordinance 128 of the City Code. The letter indicated
Mr. Hickman had three options: he could clean up the property within 20 days; he could
notify staff of an alternative plan if he needed additional time beyond the 20 days; or he
could ask for a hearing. None of those were done. In December, 2002, staff contracted
with Advance Restoration to do the clean-up on this property at a cost of $1,890.59,
plus the 25% outlined by the City Ordinance for administration fees. In January, 2003,
the City's Finance Department began to send monthly bills to Mr. Hickman and added
the standard late payment penalty for non-payment. An entire year went by and no
payment was received. Mr. Hickman subsequently sold the property to PMJ
Development. Mr. Hickman had not paid for the clean-up. City staff turned this matter
over to a collection agency and in April, 2004, Mr. Hickman was contacted by the
collection agency. Mr. Hickman then contacted the City Manager and Planning staff
claiming that he had not been properly notified.
Mr. Hickok said staff recommends that 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 release Mr. Hickman would weaken the City's position on public
nuisances and would set a future precedent for those not wanting to pay for nuisance
abatements. A review of the facts with the City Attorney indicated that all standard
enforcement procedures and notification practices were followed. Additionally, Mr.
Hickman was made aware of the problems through telephone conversations with Paul
Bolin and Stephanie Hanson. If Council were to forgive this abatement fee, the City
FRIDLEY CITY COUNCIL MEETING JULY 12 2004 Paqe 8 of 12
would need to use resident tax payer dollars for IC Systems, the collections agency.
The Assistant Finance Director has indicated the cost to the City to date would be
$567.15. In conclusion, staff recommends 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. The
property became the responsibility of Mr. Hickman when he purchased it.
Ms. Amy Hickman, 3010 Hennepin Avenue South, stated she is a real estate agent and
her husband is a mortgage broker. They buy properties that need to be rehabbed, .
clean them up, bring value back to the neighborhood and then sell the property.
Unfortunately, the property in question had more problems than they were aware of.
They purchased the property in October, 2002, and the code enforcement issues with
the property had been going on before they purchased it. They contacted the previous
owners and told them the property needed to be cleaned up and they agreed. So when
they found the property had been cleaned up, they thought it had been done by the
previous owner. When they purchased the property, their goal was to demolish the
home and build a new home or a duplex. After looking at the numbers, they decided
they could not proceed and sold the property to the current owner in April, 2003. They
only owned the property for 7 months and because they did not live on the property,
they did not receive the letters that were sent by the City staff. They had planned to
clean up and had hired dumpsters, but the City got the clean-up done before they could
get to it.
Mayor Lund commented that with both Mr. and Mrs. Hickman being real estate
professionals he is surprised that they did not address the code enforcement issues on
or before closing. He could understand that the Hickmans may not have received the
letters, but there had been verbal discussions between Mr. Hickman and City staff so
they were aware of the issues.
Councilmember Barnette asked if a title search had been done before the property was
purchased.
Ms. Hickman responded there were no title issues which is one of their arguments.
Mr. Hickok stated the City has two approaches they can take; they can go to
assessment or go through an administrative process of billing the owner. The
administrative route was chosen in this case, so this would not have come up on a title
search. It is clear there was knowledge of the issue. Mr. and Mrs. Hickman owned the
property for 7 months, 5 months after the clean-up occurred. Between the time of the
clean-up in December and the time they closed on the property in April, they would
have known there had been some costs incurred. In fact, the Hickmans spoke to Dr.
Burns, the City Manager, in April and to other staff members.
Councilmember Wolfe asked if staff had gone after the previous property owners.
0
FRIDLEY CITY COUNCIL MEETING, JULY 12, 2004 Paqe 9 of 12
Mr. Hickok explained that the previous owners addressed prior code enforcement
issues within the deadline.
Councilmember Bolkcom asked about the certified mail receipt addressed to Jarrett
Hickman.
Mr. Hickok said even before the Hickmans purchased the property, there were verbal
discussions with Mr. Hickman and he was informed of the code enforcement issues. As
far as the certified letter, the practice is to send a certified letter and an identical
standard letter at the same time because some people do not pick up a certified letter.
Councilmember Bolkcom said if the certified letter was not signed for, do they know it
was received.
Mr. Hickok stated the law requires staff to make a reasonable attempt to notify the
property owner, and they did that.
Ms. Hickman stated she and her husband do not inquire about properties until they own
the property. She added they never called the City prior to purchase. She also stated
they purchased the property on October 30 and the City sent the abatement letter
November 4. They knew they had to do some things on the property and requested at
closing that the previous owners clean up. She stated they did not own the property
when all the problems were taking place and thought those issues should have been
taken care of before the property was sold. Also, there were no clouds on the title.
Mr. Hickman stated they purchased this property �rvith the best of intentions. The letters
Mr. Hickok referred to were mailed to 1275 Norton, but they did not reside on this
property. He claimed that not only did they not receive the letters, they did not speak to
anybody at the City until after they purchased the property. He called to enquire about
setbacks and no one mentioned any difficulties with the property. He also called the
tow truck company to pick up the junk cars on the site, but because he did not have the
title, the tow truck company could not pick up the vehicles. He stated the first
correspondence they received on this matter was in April, 2003. Prior to receiving the
letter in April, they believed that the previous owners had removed the items from the
property.
Mayor Lund stated staff did what they were legally required to do and the City did spend
the money to clean up the property. He did not believe taxpayers should be forced to
cover the costs.
Councilmember Wolfe asked if staff has access to property sales.
Mr. Hickok stated eventually the tax records do come to staff but if they purchased the
property in October, staff would not have had any personal information for some time.
FRIDLEY CITY COUNCIL MEETING, JULY 12, 2004 Paqe 10 of 12
Councilmember Billings asked if this was the first property the Hickman had purchased
and he questioned why they did not escrow funds to cover the cleanup.
Ms. Hickman responded that it was their first purchase and they believed that the
previous owner would do the cleanup.
Councilmember Billings stated this is a difficult situation because the Hickmans had -
good intentions when they purchased the property, but Fridley residents do not want to
be responsible for this bill. When the abatement was done, the Hickmans were the .
property owners. He reviewed the actual costs to the City for this abatement issue and
stated the City lost approximately 6% to 7% interest if payment had been made in 2003,
$165. He then added the $165 to the $567 for the collection agency costs and added
that to the original balance of $2,363. He said if the Hickmans now paid $3,100 the City
would be in the same shape as if it had received the payment when it was due.
Mr. Pribyl agreed.
Councilmember Billings stated it is his opinion that this is a timing issue. He is willing to
accept that they did not know about the abatement, but he does not believe the cost
should be the responsibility of the taxpayers. It appears that staff extended reasonable
efforts to contact the Hickmans. He would be willing to support a motion to reduce the
payment to $3,100.
Councilmember Bolkcom said there were two dumpsters worth of trash and being in the
real estate business, the Hickmans should have been more aware. She was concerned
that reducing the abatement amount would set a precedent. She wondered why the
Hickmans waited over a year after being contacted by the collections agency to try and
resolve the issue.
Mr. Hickman said they did not know and were not made aware of the abatement until
they were contacted by the collections agency. When they closed on this property in
2002, the previous owners were living in Colorado and were represented by a power of
attorney, so they never spoke to the owners. Also, when they sold the property, they
thought the bill would stay with the property and pass on to the new owner.
Councilmember Bolkcom explained that the property was actually cleaned up while the
Hickmans owned the property which is why it is their responsibility to pay for it.
Mr. Knaak stated the cost is the responsibility of the property owner at the time the
abatement occurs. In an abatement, the City has three options: they can bill it, which is
the way most people prefer to have it done; the City can sue the owner; or they can
assess the property which is usually the least attra�ctive. Had the City proceeded with
an assessment that woutd have shown as a lien when the property was sold by the
Hickmans.
FRIDLEY CITY COUNCIL MEETING, JULY 12 2004 Paqe 11 of 12
Mayor Lund stated he likes the idea of giving the Hickmans the benefit of the doubt and
reducing the amount due as Councilmember Billings suggested.
Mr. Hickman stated the City could have found out who they were and contacted them
directly regarding this matter. He also stated they believed that if the abatement was
not assessed to their property, then it would not be their responsibility.
Councilmember Bolkcom stated it was too late to certify this abatement to the County in
2002.
Ms. Hickman stated they purchased the property in October. The first letter was sent in
November and the property cleaned in December. It really left little time for them to
take action.
Councilmember Barnette asked how many abatement issues go unpaid.
Mr. Hickok responded they have been very successful collecting the code enforcement
abatement fees.
Councilmember Bolkcom was still concerned about setting a precedent for future
abatement issues.
MOTION by Councilmember Billings, seconded by Councilmember Barnette, to direct
staff to accept payment of $3,100 on or before August 1, 2004, as full and complete
consideration of the abatement process of November, 2002, for the property located at
1275 Norton Avenue N.E. If said payment is not received on or before August 1, 2004,
Council would direct staff to continue with the abatement process as though this motion
did not exist.
Mayor Lund asked if that meets with the City Attorney's approval.
Mr. Knaak stated the Council has the authority to settle the matter this way.
Mr. Hickman stated this was reported on their credit record and they would like some
type of letter from the City stating the matter has been addressed.
Councilmember Billings recommended Mr. Hickman get together with Mr. Pribyl and the
collection agency to work this out.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND
COUNCILMEMBER BILLINGS VOTING AYE AND COUNCILMEMBER WOLFE AND
COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE
MOTION CARRIED.
FRIDLEY CITY COUNCIL MEETING, JULY 12, 2004 Paqe 12 of 12
8. Informal Status Report
Councilmember Barnette stated Banfill-Locke Center for the Arts held its first family day
on Sunday and it was a success.
ADJOURNMENT.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:30 PM.
Respectfully submitted,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
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QTY OF
FRIdLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 26, 2004
Date: July 21, 2004
To: William Burns, City Manager���
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Final Plat, PS #04-03, Jay Windschitl, Tradition Homes, Inc.
M-04-89
INTRODUCTION
On May 5, 2004, the Planning Commission considered plat request PS #04-03, by Jay
Windschitl, Tradition Homes, Inc. Tradition Homes plans to replat the property located
at 5541 5th Street to allow for the construction of a 4-unit town home development. City
Staff and the Planning Commission recommend approval of plat request, PS #04-03,
with 11 stipulations. At the May 24, 2004, City Council meeting, the preliminary plat
was approved, with 11 stipulations.
RECOMMENDATION
City Staff and the Planning Commission recommend approval of PS #04-03.
STIPULATIONS
1. The final landscape plan shall meet code requirements for number of and size
3.
4.
5.
6.
7.
8.
of plantings and be reviewed and approved by City staff prior to issuance of a
building permit.
All landscaped areas shall have irrigation installed.
Brick on building elevations shall be extended up to the banding element
above the garages. (Shown on submitted elevations)
A grading and drainage plan shall be submitted and approved by the City's
engineering staff prior to issuance of a building permit.
A utility plan shall be submitted and approved by the City's engineering staff
prior to issuance of a building permit.
Individual services will be required for each unit.
Petitioner shall provide easements as shown on preliminary plat.
The petitioner shall pay applicable park dedication fee of $1,500 per unit prior
to the issuance of any building permits.
1
9. The petitioner shall provide proof that any existing wells or individual sewage
treatment systems located on the site are properly capped or removed.
10. Association documents to be filed with final plat.
11. A Development Agreement outlining the Developer's obligation to install
utilities, etc., will be prepared by the City and shall be signed by the
Petitioner, prior to final plat approval.
2
0
�
RESOLUTION NO.
RESOLUTION APPROVING A PLAT, P.S. #04-03, FIFTH STREET TOWNHOMES, BY
GERALD WINDSCHITL, TRADITION HOMES, INC., FOR THE PURPOSE OF
CONSTRUCTING A 4-UNIT TOWN HOME DEVELOPMENT, GENERA.LLY LOCATED AT 5541
5T$ STREET NE .
WHEREAS, the Planning Commission held a public hearing on May 5, 2004,
and recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for FIFTH
STREET TOWNHOMES at their May 24, 2004, meeting, with stipulations
attached as Exhibit A; and
WHEREAS, a copy of the plat FIFTH STREET TOWNHOMES has been attached
as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the
Final Plat for FIFTH STREET TOWNHOMES and directs the petitioner to
record plat at Anoka County within six months of this approval or such
approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH
DAY OF JULY 2004.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
3
SCOTT LUND - MAYOR
Page 2- Resolution -2004 - FIFTH STREET TOWNHOMES
EXHIBIT A
STIPULATIONS
l. The final landscape plan shall meet code requirements for y
number of and size of plantings and be reviewed and approved
by City staff prior to issuance of a building permit. .
2. Al1 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 I,
approval. I
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FRIDLEY
DATE
TO:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 26, 2004
July 21, 2004
William W. Burns, City Manager ��"
�
FROM: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
SUBJECT: Development Agreement for the Fifth Street Townhomes
M-04-88
INTRODUCTION
On May 5, 2004, the Planning Commission considered plat request PS #04-03, by Jay
Windschitl, of Tradition Homes, Inc. Tradition Homes plans to replat the property
located at 5541 5th Street to allow for the construction of a 4-unit town home
development. City Staff and the Planning Commission recommend approval of plat
request, PS #04-03, with 11 stipulations. At the May 24, 2004, City Council meeting,
the preliminary plat was approved, with 11 stipulations.
To be consistent in the plat process, staff has prepared a development agreement for
the Fifth Street Townhome development. That development agreement has been
attached for your review and approval.
RECOMMENDATION
Staff recommends approval of the enclosed development agreement as submitted.
0
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this day of , 2004,
between the City of Fridley, acting through its Mayor and City Manager
(hereinafter called the "City"), and Gerald G. Windschitl of Tradition Homes, Inc.,
(hereinafter called the "Developer").
WHEREAS, The Developer have made application to the City Council for the
approval of a plat of land within the corporate limits of the City described as
follows:
Lots 27, 28, and 29, Block 7, HAMILTON'S ADDITION TO
MECHANICSVILLE, Anoka County, Minnesota.
That part of Lots 25 and 26, Block 7, HAMILTON'S ADDITION TO
MECHANICSVILLE, Anoka County, Minnesota, lying Northerly of the
following described line:
Commencing at the Northeast corner of said Lot 26; Thence southerly
along the east line of said Lot 26, a distance of 46.5 feet to the point of
beginning of the line to be described; thence Northwesterly to a point on
the westerly line lying 5.50 feet southerly of the Northwest corner of Lot 26
and said line there terminating. (the "Subdivision"); and to be described as
FIFTH STREET TOWNHOMES
WHEREAS, the City Council, by resolution # , adopted
, 2004, granted Developer's plat request for a portion of the
property to allow it to construct a four unit town home development on the
subdivision on the condition that the subdivision is developed according to the
final site plan that was approved by the City Council on , 2004,
and in accordance with stipulations of approval incorporated herein by reference
(See attached Exhibit B).
NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed
as follows:
1. Improvements.
following:
Improvements shall include, but not be limited to the
♦ Concrete curb and gutter repair at driveway aprons
♦ Approved site grading and drainage plans
♦ Underground utilities for the 4 town homes
♦ Setting of lot and block monuments
♦ Surveying and staking
♦ Temporary tree protection devices
The improvements shall be installed in accordance with City standards,
ordinances, City Council prescribed stipulations as evidenced as conditions in
any resolution accepting this agreement and any related plat, and technical
%
specifications. The Preliminary site grading, construction of underground utilities,
including main line sewer, water and sewer services; and full street restoration
shall be completed prior to sale of any lots and prior to issuance of any building
permits.
The Developer agrees that it will not sell any lot, parcel or whole or
partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any
house, other building or structure constructed on the development or within the
development until the City has approved and the Developer has completed the
construction of the improvements covered by this Development Agreement, the
applicable building codes, and other applicable government regulations and has
issued a Certificate of Occupancy, unless the City has agreed in writing to waive
this requirement as to a specific lot or premises.
The Developer shall follow all instructions received from the City's
inspectors. The Developer shall schedule a pre-construction meeting at a
mutually agreeable time at the City Hall with all parties concerned, including the
City Staff, to review the program for the construction of the development.
2. Water and Sewer A water and sewer lateral fee assessment will not
be applied to each lot, due to the fact that the original lots had paid lateral
charges and the new development will require private utility installation from the
existing laterals.
(A) The Developer shall construct sanitary sewer and water service lines
from the mains in the street to each unit. These water and sewer
services shall be inspected and must meet all City standards. The City
(at the developer's expense) will patch the street to City's specifications
following the installation of water and sewer services, the Developer
must have the cut approved by the Public Works Department of the
City.
(B) The Developer shall provide a utility drawing prepared by an engineer
registered with the State of Minnesota for the sanitary sewer and water
service connections prior to construction for approval by City
Engineering staff.
3. Gradinq Erosion Control and Tree Preservation Plans. The
Developer shall submit a grading and drainage, erosion control, and tree
preservation plan which shall clearly show for each lot:
(A) The grading limits for the construction of the new town homes.
(B) All areas disturbed by the excavation and backfill operations shall
be re-sodded forthwith after the completion of the work in that
area. Except as otherwise provided in the erosion control plan. If
the Developer, future owner, its contractors, or subcontractors
does not comply with the erosion control plan and schedule or
supplementary instructions received from the City and the Anoka
County Soil and Water Conservation District, or the Six Cities
0 .
Watershed Management Organization, the City may take such
action as it deems appropriate to control erosion. The City will
endeavor to notify the Developer, future owner, contractors, or
subcontractors in advance of any proposed action, but failure of
the City to do so will not affect the City's rights or obligations
hereunder.
(C)The location of warning signage (tree protection ribbon) that will
be placed around the perimeter of the construction limits protecting
all significant trees outside the construction limits.
(D)The location of any significant trees to be saved inside the
construction limits. Any significant trees to be saved shall have
fencing around them, which shall extend wherever possible to the
tree drip line. No construction or grading work shall commence
until the City staff has field inspected items (1) and (2) above.
4. Street Clean Up. At any time upon the request of City staff and after
the construction is complete, the Developer shall clear all soil, earth, or debris
from the streets and storm sewer and from the lots within the development
resulting from any construction on the land within the development by the
Developer.
5. Permits. The Developer shall obtain all necessary permits for the
development of the property. The Developer shall pay SAC fees at the time of
the building permit issuance.
6. Park Dedication. In accordance with the policies and ordinances of
the City, the Developer shall pay a park dedication fee at a rate of $1,500.00 per
lot at the time of building permit issuance. The total park dedication fee for the
development is $6,000.00. (4 lots x $1,500.00 = $6,000.00).
7. Drainaqe Easement. The Developer shall provide the City with
easements dedicated on the plat over the property as proposed in the Final Plat
mylars presented for signature.
8. License. The Developer hereby grants the City, its agents,
employees, officers, and contractors a license to enter the plat to perform all
work and inspections deemed appropriate by the City in conjunction with plat
development.
9. Final Plat Approval. The City agrees to give final approval and shall
sign the final plat of the subdivision upon execution and delivery of this
agreement, and approval of the plat by the County and of all required petitions,
bonds, and security.
10. Legal Proceedinqs. In addition to the foregoing, the City may
institute any proper action of proceeding at law or at equity to abate violation of
�
this Development Agreement, or to prevent use or occupancy of the proposed
dwellings.
11. Ownership of Improvements. Upon completion of the work and
construction required by this agreement, the improvements lying within public
easements shall become City property without further notice or action.
12. Transfers of Interest — as described in Paraqraph 1.
13. Attornevs' Fees. The Developer agrees to pay the City reasonable
attorneys' fees and costs incurred in the event of any lawsuit or action is
commenced to enforce the terms of this agreement and to collect sums due by
the City under the terms of this agreement.
14. Severabilitv. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this contract is for any reason held to be invalid, illegal or
unenforceable by a court of competent jurisdiction, such decision shall not
invalidate or render unenforceable any other provisions of this contract, and the
remaining provisions of this contract shall not in any way be affected or impaired.
15. Bindinq Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives, successors, and
assigns if any of the Developer and City hereto and shall be binding upon all
future owners of all or any part of the subdivision, and shall be deemed
covenants running with the land. Reference in this document to the developer, if
there be more than one, shall mean each and all of them. This agreement, at the
option of the City, shall be placed of record so as to give notice of this agreement
to subsequent purchasers and encumbrances of all or any part of the
subdivision. All recording fees, if any, shall be paid by the developer.
16. Assignability. No duty or obligation of the Developer under this
Agreement may be assigned in whole or part to any third party without the
express written consent or waiver of by the City.
SIGNED AND EXECUTED by the parties hereto on this day
of , 2004
DEVELOPER CITY OF FRIDLEY
B --`. , ;r - By:
erald G. Windschitl � Scott J. Lund, Mayor
10
ATTEST:
Debra A. Skogen, City Clerk
11
EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL
1. The final landscape plan shali 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.
12
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FRIQLEY
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 26, 2004
July 21, 2004
Wiiliam Burns, City Manager
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From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Preliminary Plat Extension Request, PS #03-18, Town Center Development
� 1• •1
INTRODUCTION
Town Center Development received preliminary plat approval from the City Council on
January 5, 2004 for the properties located at 1282 Mississippi Street and 6490 Central
Avenue. At this time, the developers are in the process of resolving some title and land
issues that have caused them to not be able to close on the property.
On July 6, 2004, staff received a letter from Richard Whinnery, of Town Center
Development, LLC requesting a six-month extension to file the final plat, to allow
additional time to resolve the above stated issues.
PLANNING STAFF RECOMMNEDATION
City Staff recommends approval of the 6-month extension to January 5, 2005.
14
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cmr oF
FRIdLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 26, 2004
Date: July 21, 2004
To: William Burns, City Manager�c��
From
Subject
Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Ratification of Actions and Reauthorization of Staff to Execute School
District/ City Land Swap Documents
11••
INTRODUCTION
The purpose of this action is first to Ratify (or reconfirm) all previous actions of the City
with regard to the Vineland Park Plat and land swap with certain easements granted to
each of the parties, the City of Fridley and School District No. 14. The second part of
this action reauthorizes staff to finalize the documents by collecting all pertinent
signatures and filing said documents with Anoka County.
ELEMENTS
This project quite possibly holds the record for lengthiest plat/agreement process from
start to finish. Fortunately, its application predates State Statute 15.99 (the 60—Day
Law) and both parties have contributed to and recognized the time that was taken as
essential to the final satisfaction and comfort of both parties. On July 8, 1996 the City
held a public hearing regarding the plat of Vineland Park. In October of that same year
the first and second reading of the preliminary plat resolution was approved and was
published on November 7, 1996.
The final plat mylars were completed in early 1997. Before the time the final plat mylars
were completed and ready for Council approval, some of the school board members
had changed. The mylars were then prepared again with the new Board Member
signature lines. Much time had elapsed before the Council re-approved the plat in
2002. The final plat itself has been filed and the agreements relating to the land swap
are details that this action will complete.
Much time was spent in the subsequent years preparing and revising documents to
finalize what started as a complicated, yet common sense solution to a longstanding
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land ownership matter.
The action before you recognizes the plat that was approved in 1996, ordinance 1079 —
sale of surplus land, ordinance 1076 vacating of streets and alleys, a resolution
approving the revised 2002 plat, quit claim deeds as necessary for title conveyance, a
school district resolution granting the City easements and the City Resolution granting
the School District easements (for access to Moore Lake to continue physical education
and other class work as they have historically.
All documents have been reviewed and approved by both the School District and City
attorneys and await City Council approval.
PLANNING STAFF RECOMMENDATION
City Staff recommends ratification of all previous actions on this land swap and
reauthorization of staff to execute and file documents with Anoka County.
16
■► AGENDA ITEM
�` CITY COUNCIL MEETING OF
�TM QF J U LY 26, 2004
FRIDLE7
To: William W. Burns, City Manager ,�,'��
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From: Captain Lynne Tellers Bankes
Date: July 23, 2004
Re: School Resource Officer Contract
The Fridley Police Department has furnished two officers to Fridley Independent School District #14
to serve as School Resource O�cers. One serves at Fridley Middle School and one serves at Fridley
High School. Since the inception of the program in 1994, the Police Department has paid the salaries
and benefits of these two officers. Grants were plentiful and supplemented the cost of the officers.
Those grants have been eliminated.
Due to severe State budget cuts the police department analysis of our budget included the possibility
of eliminating one or both positions in the schools. The City of Fridley and the School District
believe in the School Resource Officer program and the benefits of having officers in the schools are
numerous. Meetings were held and a collaboration agreement was reached. The purpose of this
contract is to share the expenses of the two School Resource Officers with the Fridley School
District. For 2004-OS school year, the Fridley School District will pay the City of Fridley
$53,438.78. The City will bill the School District quarterly. The actual amount of the officers'
salaries and benefits may be different from this figure as the officer's union contract for 2004 has yet
to be settled.
This contract has been reviewed by Fridley City Attorney Fritz Knaak and approved. It is in the
process of being reviewed and has preliminary approval from Fridley School Superintendent Mark
Robertson and Finance Director Jim Fisher.
While the School District is paying for one half of the o�cers assigned to the schools salary and
benefits, the Public Safety Directar maintains control over the officers' assignments and duties. The
term of the contract is from September each year to June of the ne� year and is renewable yearly.
The City of Fridley and the School District may exercise a 30-day cancellation agreement.
The staff recommends City Council approval of this contract.
Captain Lynne Tellers Bankes
For pon Abbott; Public Safety Director
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SCHOOL RESOURCE OFFICER
CITY OF FRIDLEY / FRIDLEY SCHOOL DISTRICT #14
SERVICE AGREEMENT
This agreement is made tl�is day of , 200� pursuant to M.S. 471.59
by and between the City of Fridley (City) and Independent School District #14 (School
District).
1. PURPOSE The City of Fridley and the Fridley School District wish to
participate in a School Resource Oi�icer Program. Both the City and the
School District agree that a more formalized approach to the School Resource
Officer Program is needed to improve understanding and promote mutual
respect between police, school, staff, counselors, parents and students. The
purpose of this Agreement is to set forth in writing ,the terms and conditions of
the mutual duties and obligations and to create, fund and implement the
position of School Resource Officer (SRO).
2. FUNDING The School District will fund the following expenses in
connection with the School Resource Officer (SRO):
The School District will fund one-half of the salaries and benefits for
two SRO's during the school year, totaling $53,438.78 for the 2004-
OS school year. This amount shall be based on the two assigned
officer's salaries and benefits per month far the 4 months in 2004
(September-December) and 5 months in 2005 (January-May). The
School District officials and the Fridley Public Safety Director sha.11
deteimine the specific days/hours to be worked under this
agreement.
3. SERVICES This City shall provide the services of two licensed police
officers and related support services and supplies to assist the School District
in establishing a School Resource Officers Program. The officer's will have
primary responsibility in serving as a resource person to faculty, classroom
members and school administratars in the promoting of positive juvenile
behavior. The School District agrees to provide adequate office space,
telephone and other reasonable clerical support services. One SRO will be
assigned to the middle school and one to the high school.
4. PAYMENT The City shall provide billing to the School District for services
provided in this Agreement, and the School District will remit payment to the
City on a quarterly basis.
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5. TERM this Agreement shall commence on the day of September, 2004,
and shall end on the last day of school. Thereafter, it shall be renewed on a
yearly basis by mutual agreement. Either party may cancel this Agreement
with a 30 day written notice.
6. GENERAL PR4VISIONS It is e�ressly agreed that the School Resource
Officer is a City employee and shall not be considered an employee of the
School District for any purpose including but not limited to salaries, wages,
other compensations or fringe benefits, Worker's Compensation,
Unemployment Compensation, P.E.R.A., Social Security, Liability Insurance,
keeping of personnel records, termination of employment, individual contracts
or other contractual rights. The City shall assume all liability for the actions
taken by the SRO in the performa.nce of his/her duties as a Peace Officer. The
SRO will report to and be directed by the Fridley Public Safety Director or his
designee, but will consult regularly with School District Officials.
Representatives of the School District and the Public Safety Director or his
designee shall negotiate resolution of unforeseen problems arising in this
program.
7. SCHEDULING The duty hours of the SRO are fle�ble and will be primarily
coordinated with the school day and activities. The SRO will make daily
contact with the Police Department for the purpose of keeping abreast of
incident reports and other City activity. The SRO may be required to conduct
juvenile investigations. Anytime an SRO must take a da.y off or schedules
vacation during the school year, he/she will coordinate school coverage with
the other SRO. SRO's will attempt to refrain from taking time off at the same
time. During non-school periods, the City will determine the SRO duties and
schedule.
8. DISCRIMINATION The City and the School District agree not to
discriminate in providing services under this Agreement on the basis of race,
sex, creed, national origin, age or religion.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT ON THIS date:
City of Fridley
Scott. R. Lund, Mayor
Donovan Abbott
Public Safety Director
Fridley School District #14
Mark Rabertson, Superintendent
Jim Fisher, Finance
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� AGENDA ITEM
�` COUNCIL MEETING OF JULY 26, 2004
CffY dF
FRIDLEY
CLAIMS
117412 - 117565
20
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C�'f'Y OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 26, 2004
LICENSES
' Type of License � Approved By:
PEDDLER' S LICENSE RELIGIOUS AND CHAIRTABLE ORG
Grassroots Campaigns, Inc. Todd Richard Public Safety
1885 University Avenue
St. Paul, MN 55104
TEMPORARY FOOD SALES LICENSE
Fridley Historical Society Mary Sue Meyers
611 Mississippi Street
Fridley, MN 55432
MASSEUR / MASSEUSE CERTIFICATE
Jessica Jellings
2412 5�' St. NE
Minneapolis, NIN
21
Public Safety
Fire Inspector
Planning Director
Public Safety
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City of
Fridley
AGENDAITEM
City Council Meeting Of Monday, July 26, 2004
Gas Services
Superior Contractors Inc
6121 42 Ave N
Crystal MN 55422-0559
General Contractor-Commercial
Dorglass Inc
6008 Culligan Way
Minnetonka MN 55345-
Mortenson Eric Construction
2741 Churchill St
Roseville MN 55113-
NewMech Companies Inc
1633 Eustis St
St Paul MN 55108-
Nor-EII Incorporated
851 Hubbard Ave
St Paul MN 55104-
Trung Duong Contractor
661 116 Lane NE
Blaine Mn 55434-
General Contractor-Residential
Blomquist Exteriors(20172580)
12601 Harpers St NE
Blaine MN 55449-
Cox Contracting LLC (20319491)
5925 Polar Bear Lane
White Bear Township MN 55110-
�
James Scott
Jon Hansen
Eric Mortenson
Peter Jordan
Robert Norris
Trung Duong
Mitch Blomquist
Edward Cox
22
Approved By:
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
State of MN
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DreamMaker Bath 8� Kitchen (20204058)
6801 Wayzata Blvd Lynn Monson
St Louis Park MN 55337-
Durabilt Associates Inc (3004)
6318 Cambridge St Thomas Kasprcak
St Louis Park MN 55416-
First Builders of MN Inc (20178688)
9523 Pineview Lane N Bradley Boltz Jr
Maple Grove MN 55369-
Kessler Michael Builders (20277018)
6832 190 Lane NW Michael Kessler
Anoka MN 55303-
Loyal Home Improvements LLC (20353848)
477 Grand Ave Brian Mayer
St Paul MN 55102-
Matrix Construction (204331447)
1204 Knox Ave N Bill Baskerville
Minneapolis MN 55411-
Schoenborn Construction (20032072)
11640 Terrace Rd Everett Schoenbom
Blaine MN 55434-
Tradition Homes Inc (20004273)
3680 152 Lane Jay Windschitl
Andover MN 55304-
Heatinq
Practical Systems
4342B Shady Oak Rd Jeff Kline
Hopkins MN 55343-
Superior Contractors Inc
6121 42 Ave N James Scott
Crystal MN 55422-1601
23
Approved By:
State of MN
State of MN
State of MN
State of M N
State of MN
State of MN
State of MN
State of MN
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Plumbinq
Jay Hawk Mechanical Inc
1245 Choke Cherry Rd
Lino Lakes MN 55038-
Sign Erector
Signcrafters Outdoor Display
7775 Main St NE
Fridley MN 55432-
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Geno Gardner
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Approved By:
State of MN
Ron Julkowski
Building Official
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�` AGENDA ITEM
�TM�F CITY COUNCIL MEETING OF JULY 26, 2004
FRIDLEY
INFORMAL STATUS REPORTS
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