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06/26/2006 - 6103� � CfTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 2006 7:30 p.m. - City Council Chambers Attendance Sheet PLFAS'F PR/NT MAMF, Ai?�R�SS ANO 1T�M MUMBFR YOU AR� /IYi�R�ST�O /N. Print' Name {Clearlp) Address it�ea� l�i'a, ' ��.s�� 51 ;t l �� vd� 1 ; �l ��l � � -�- � � i ��/� � 60�� r v� .r � � l � 1 � /� / /1 � l �. !J � - h'f- Ud '� J ( �' �! K.ii° ( ;t. r- B IA q� � • ? L✓S ' -- � ,� �) i/d�C. � J�" � C�1 ' ,- , 5 , I� � � �� - ,, � �,�,, � � 3 r� ' ;� - r �-____- 5�� i t�.-r�: -� S� r , � � � J � , Q �-; . , Qt. . �� ' 30 � �� -�°� � FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 2006 �r '� pTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Anoka County Partners Springbrook Watershed Clean Water Partnership Final Report APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 12, 2006 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of June 7, 2006 .................... 1- 5 2. Special Use Permit Request, SP #06=06, by Kenneth Goldman, to Increase the Lot Coverage Requirement from 40% to 43% to Allow the Construction of a Building Addition, Generally tocated at 7830 Elm Street N.E. ....... 6- 9 Award the Design Contract for the 2007 Neighborhood Street Improvement Project .................................. 10 - 17 NEW BUSINESS (CONTINUED): 4. Receive Bids and Award Contract for the Community Park Ballfield Phase 1 Irrigation Installation Project................................... 18 -19 5. Reso{ution ��+� Plans, Spasi�sa�ic�s and o�✓� , ��tes-#ef Bids: Mill and Overlay Project No. � � ST2006 2 ...... 20 - 21 • � �oo� -- � �� r �� .� � ' "' I �._._. �S ;� �.-' Resolution Supporting the Independent School District No. 13 Grant Application under the "Safe Route to School" Program .........:....... 22 - 5 �. aGCS� - �J .�� Resolution Providing for the Issuance and Sale of $2,505,000 General Obligation tmprovement Bonds, Series 2006A, Pledging for the Security Thereof Special Assessments, and Levying a Tax for the Payment Thereof ..........0��..�...... 26 - 35 � � a � 3� Resolution Authorizing the Use of the ES&S AutoMARK Election Equipment in all Precinctg .................................. 36 - 37 �o d � -� �'7 9. Claims 10. Licenses 11. Estimates ................................... 38 ................................... 39 - 44 ................................... 45 1 � � FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 2 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not �on Agenda —15 Minutes PUBLIC HEARINGS: 12. Consider Special Use Permit, SP #73-05, for Sinclair Fridley, Generally Located at 6071 University Avenue N.E. (Ward 1) ....... 46 - 47 13. Consider Revocation of Special Use Permit, SP #03-14, for Central Auto Parts, Generally Located at 1209 — 73'/z Avenue N.E. (Ward 2) (Continued June 12, 2006) ................ 48 - 50 14. Consider Suspension/Revocation of Rental Property License (Properties Located at 19m tsland Park Drive, 191 Island Park Drive, 6551 Channel Road and 6571 Channel Road) {Wards 2 and 3) (Continued June 12, 2006) ............... 51 - 59 ,NEW BUSINESS: � �- 15. Resotution Revoking the Rental Housing License for the Property Located at 190 Island Pa�lc Drive, Fridley, Minnesota (Ward 3) .............. 60 - 63 �� - �� ,16. . 17. Resolution Revoking the Rental Housing License for the Property Located at 191 Island Park Drive, Fridley, Minnesota (V11ard 3) .............. 64 - 66 a�� - �l ,�EW BUSINESS (CONTINUED): ( � 18.� Resolution Revoking the Rental Housing License �` ior the Property Located at 6571 Channel Road, �` Fridley, Minnesota (Vllard 2) .............. 70 - 72 G%��-�O � , � , 19. Informal Status Reports ..................... 73 ADJOURN. ` �f I, i, �'1 ► ��, � -�� I�' , Resolution Revoking the Rental Housing License � for the Property Located at 6551 Channel Road, Fridley, Minnesota (Ward Z) ............ 67 - 69 ��06 �� , -�r � � CITY COUNCIL MEETING OF JUNE 26, 2006 CffY OF FRIDLEI' 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: Anoka County Partners Springbrook Watershed Clean Water Partnership Final Report APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 12, 2006 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of June 7, 2006 .................................................................................... 1- 5 FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 2 NEW BUSINESS (CONTINUED): 2. Special Use Permit Request, SP #06-06, by Kenneth Goldman, to Increase the Lot Coverage Requirement from 40% to 43% to Allow the Construction of a Building Addition, Generally Located at 7830 Elm Street N.E . ....................................................................... 6- 9 3. Award the Design Contract for the 2007 Neighborhood Street Improvement Project ............................................................................... 10 - 17 4. Receive Bids and Award Contract for the Community Park Ballfield Phase 1 Irrigation Installation Project .......................................... 18 - 19 5. Resolution Ordering Final Plans, Specifications and Estimates for Bids: Mill and Overlay Project No. ST2006— 2 ...................................................................................................... 20 - 21 6. Resolution Supporting the Independent School District No. 13 Grant Application under the "Safe Route to School" Program ................................................................................. 22 - 25 7. Resolution Providing for the Issuance and Sale of $2,505,000 General Obligation Improvement Bonds, Series 2006A, Pledging for the Security Thereof Special Assessments, and Levying a Tax for the PaymentThereof ............................................................................................... 26 - 35 8. Resolution Authorizing the Use of the ES&S AutoMARK Election Equipment in all Precincts ................................................. 36 - 37 FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 3 NEW BUSINESS (CONTINUED): 9. Claims ....................................................................................................... 38 10. Licenses ....................................................................................................... 39 - 44 11. Estimates ....................................................................................................... 45 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARINGS: 12. Consider Special Use Permit, SP #73-05, for Sinclair Fridley, Generally Located at 6071 University Avenue N.E. (Ward 1) ....................................................................... 46 - 47 13. Consider Revocation of Special Use Permit, SP #03-14, for Central Auto Parts, Generally Located at 1201 — 73'/ Avenue N.E. (Ward 2) (Continued June 12, 2006) ................................................................................ 48 - 50 14. Consider Suspension/Revocation of Rental Property License (Properties Located at 190 Island Park Drive, 191 Island Park Drive, 6551 Channel Road and 6571 Channel Road) (Wards 2 and 3) (Continued June 12, 2006) ............................................................................... 51 - 59 FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 2006 PAGE 4 NEW BUSINESS: 15. Resolution Revoking the Rental Housing License for the Property Located at 190 Island Park Drive, Fridley, Minnesota (Ward 3) .............................................................................. 60 - 63 16. Resolution Revoking the Rental Housing License for the Property Located at 191 Island Park Drive, Fridley, Minnesota (Ward 3) .............................................................................. 64 - 66 17. Resolution Revoking the Rental Housing License for the Property Located at 6551 Channel Road, Fridley, Minnesota (Ward 2) ............................................................................ 67 - 69 18. Resolution Revoking the Rental Housing License for the Property Located at 6571 Channel Road, Fridley, Minnesota (Ward 2) .............................................................................. 70 - 72 19. Informal Status Reports ..................................................................................... 73 ADJOURN. CITY OF COUNCIL MEETING CITY OF FRIDLEY JUNE 12, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:31 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Bolkcom MEMBERS ABSENT: Councilmember Wolfe OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director John Berg Fire Chief PROCLAMATIONS: Stand for Children Day — June 17, 2006 PRE SENTED. 2006 VALUES FIRST COMMMUNITY RECOGNITION AWARDS: Business: McDonald's of Fridley — Mark Wheeldon Organization: Columbia Park Education & Research Foundation Individual: Dorothy Gargaro PRE SENTED. LEGISLATIVE UPDATE: Char Samuelson, State Representative, stated she will be retiring this year. She stated she has worked mostly on healthcare legislation. She did get a lot of bills passed including a bill mandating that children under ten years old must wear a life j acket. Don Betzold, State Senator, stated this was the second year of the two-year cycle so the bills introduced last year that were not active did carry over this year. They started the session on FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 2 March 1 and went until May 21. The big issue this year was the bonding bill and the critical thing for the suburbs was the inclusion of the Northstar Commuter Rail. Unfortunately, the bonding bill did not include funding for the Springbrook Nature Center. There was some money freed up because of the Supreme Court's ruling on the tobacco health impact fee. That was a fee of $4 million which was also used to help fund Early Childhood initiatives, mental health services, sex offender treatment programs, and veterans programs. As a result, they were able to do some things which they may not have ordinarily been able to do. He outlined numerous bills that were passed. Connie Bernardy, State Representative, stated they did get some bill money for the northern part of the district that she represents which is by County Road J and 35W to expand that area for the Medtronic project. She also discussed property tax relief. She encouraged people to call her with any concerns. Barbara Goodwin, State Representative, talked about healthcare and the stadium issues. She stated she has been honored to represent the people of Fridley, St. Anthony, Columbia Heights, and Hilltop during the past six years. She said she would not be running again for office. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 22, 2006 APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Repealing Chapter 105 of the Fridley City Code Pertaining to Landscape Maintenance and Adopt Official Title and Summary Ordinance. Dr. Burns, City Manager, stated the ordinance replaces Chapter 105. It applies to the maintenance of lawns and the depositing of yard waste, as well as lawn fertilizers. After many months of discussion and formal readings and conference sessions, the current version of the ordinance does not require buffer strips along the frontage of waterways as was the case with earlier legislation. It also does not contain language requiring the direction of gutters and downspouts away from paved surfaces. The ordinance as currently written has been approved by both the Planning Commission and Environmental Quality and Energy Commission. Staff recommend's Council's approval of the second and final reading of the ordinance and approval of the summary ordinance. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 3 WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1232 ON SECOND READING AND THE OFFICIAL TITLE AND SUMMARY ORDINANCE AND ORDERED PUBLICATION. 2. Resolution Determining that a Certain Parcel is Occupied by a Structurally Substandard Building and is to be Included in a Tax Increment Financing District (6000 East River Road) (Ward 3). William Burns, City Manager, stated the Fridley HRA has purchased 6000 East River Road as the initial step towards establishing a redevelopment project in the area south of Hayes Elementary School. The HRA had the house inspected and determined that it is a substandard structure and moved to demolish the structure prior to including this property in a future TIF district. Staff recommends that Council also declare the structure as substandard and allow for demolition of the house. It is uncertain at this point whether the HRA will create the TIF district or do a redevelopment proj ect. The resolution will allow for the inclusion of the property in a TIF district that they may choose to create within the next three years. Councilmember Barnette asked if the building must remain standing until a proj ect is started. Scott Hickok, Community Development Director, stated it can be removed. They are recommending that it be removed because of its proximity to a school and the fact that it would become an attractive nuisance if it is not. They do have a three-year window of time in which they can create a district after it has been removed. ADOPTED RESOLUTION NO. 2006-32. 3. Appointment — City Employee William Burns, City Manager, stated staff is recommends the appointment of Shelly Robinson to the position of Accounting/Data Processing Clerk-Cashier. APPROVED. 4. Claims (126789 — 127064) APPROVED. 5. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 6. Estimates. APPROVED THE FOLLOWING ESTIMATES: Maertens-Brenny Construction Company FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 4 8251 Main Street N.E. Fridley, MN 55432 Locke Park Water Treatment Plant Improvements Estimate No. 4 ........................ $ 3 5,114. 85 Park Construction, Inc. 500 — 73rd Avenue N.E. Suite 123 Fridley, MN 55432 2006 Street Improvement Proj ect No. ST. 2006-1 Estimate No. 1 ........................ $149,487.3 5 Concrete Idea, Inc. 13961 — 44th Lane N.E. St. Michael, MN 55376 2006 Street Improvement Project No. ST. 2006-1 Estimate No. 2 ........................$ 26,771.19 MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Barnette to approve the agenda with the addition of Item 11A. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Pete Borman, President of the Fridley `49er Association, invited everyone to attend Fridley `49er Days. PUBLIC HEARING: FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 5 7. Consider Suspension/Revocation of Rental Property License (Properties Located at 190 Island Park Drive, 191 Island Park Drive, 6551 Channel Road and 6571 Channel Road (Wards 2 and 3). MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:09 P.M. John Berg, Fire Chief, stated this is a public hearing for the purpose of taking testimony and receiving evidence pertaining to the suspension or revocation of the rental licenses issued to Hyder R. Jaweed for Sunshine Management. Councilmember Billings asked Chief Berg in the event the City Council either suspends or revokes the rental license for any of these four properties, will any current renter be forced to move out of their dwelling as a result of that suspension? Mr. Berg replied saying as a result of suspension or revocation of the license, the City Code does not allow them to vacate the current tenants. Any vacated units of course will not be allowed to be rented in the future. In the event they have a building where a unit is uninhabitable for whatever reason, usually life safety reasons, then they ask people to vacate. Councilmember Billings asked if there were any particular units in any of the buildings that he is aware of that have any life safety problems. Mr. Berg replied, not that he was aware of. Councilmember Billings said if a tenant moves, the landlord will not be able to re-rent that apartment to somebody else until he comes and gets a new license. Mr. Berg stated staff requested this public hearing due to the increasing number and severity of housing code complaints and issues occurring at these buildings. Fridley City Code, Chapter 220, Residential Rental Property Maintenance and Licensing, applies to all buildings which are rented in whole or in part as a dwelling for persons other than the property owner's family. The City believes that providing for the public health, safety, and welfare of its citizens mandates the existence of a rental property licensing and maintenance program which corrects substandard conditions and maintains a standard for rental property. Mr. Berg said that since the summer of 2005, Fire Department inspectors have been out to the buildings numerous times, inspecting complaints. This has resulted in multiple correction orders in multiple timelines for compliance. The buildings at 190 and 191 Island Park Drive were due to be inspected in 2005. The rental inspection division had made arrangements with the owner representative to do a complete inspection of each property for the purpose of putting all correction items on the same timeline. The initial inspection of 190 and 191 Island Park Drive was started on December 13, 2005. Major problems were found with Apartment No. 5 at 191 FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 6 Island Park Drive. The City building inspector posted Apartment No. 5 as not habitable, which it currently is. The attorney representing Mr. Jaweed stopped the initial inspection. After some discussion, the inspection was completed on December 21, 2005. Their first follow-up discussions were conducted on January 30 and February 7, 2006 (25 days after the initial inspection). Staff sent a written response to the owner's attorney summarizing the City's policy on time extensions. A time extension was granted to March 8, 2006, but permits needed to be pulled and all correction orders needed to be completed. Of all properties inspected on March 8, 2006, 120 uncorrected items were noted and permits had not been pulled. His office received a call from the owner's attorney the third week of March, and he asked what the City would be doing. They informed him the City was preparing to recommend revocation of the owner's rental licenses on all four properties. On March 21, 2006, the City sent the owner and the owner's attorney a copy of a correction order following the March 8, 2006, inspection. On May 23, 2006, pursuant to Section 220.13.9(a), a 20-day notice was given to the owner and occupants. They sent an e-mail to Sunshine Management, posted the notice on the front and rear entry of all four buildings. A copy was also mailed to the owner and to all tenant addresses. Mr. Berg stated on June 9, 2006, the City conducted follow-up inspections: at 190 Island Park Drive, Terry Kanis, the owner's representative, stated that Mr. Jaweed was not owner of this building anymore. No inspection was conducted at this property. The City has no idea how many uncorrected items there are. A building permit for windows and doors in the amount of $1,100 was issued on May 15, 2006. Re-inspection fees were paid on June 9, 2006. A water bill in the amount of $2,323.49 was paid on June 9, 2006. Xcel has posted the building indicating they are preparing to turn off the power to the building. At 191 Island Park Drive, Terry Kanis, the owner's representative, again stated that Mr. Jaweed was not the owner of this building. No inspection was done on that property. No permits have been pulled as of this date. The re- inspection fees were paid on June 9, 2006. The water bill in the amount of $3,194.13 was paid on June 9, 2006. Again, Xcel posted the building stating they are preparing to turn the power off to the building. Mr. Berg stated regarding 6551 Channel Road, all code issues were corrected. Property documentation was submitted for the issue of the hot water heater. Reinspection fees were paid on June 9, 2006. A water bill in the amount of $1,859.29 was paid on June 8, 2006. Mr. Berg stated regarding 6571 Channel Road, the fence is still in disrepair as of 9:00 on June 9, 2006. Community Development has a written correction letter and an Anoka County citation for failure to provide screening between R-1 and R-3 zoned properties. Mr. Kanis or his representative states that Mr. Jaweed does not own the fence and contends it is the neighbor's fence. A water bill in the amount of $1,822.90 was paid on June 8, 2006. Mr. Berg stated, in summary, 190 Island Park Drive needs to obtain a plumbing permit for the 45 correction items that need to be reinspected; 191 Island Park Drive, needs to obtain permits for plumbing and electric in the building and there are 68 items that need to be inspected; all items have been corrected at 6551 Channel Road; and 6571 Channel Road needs to correct the screening/fence issue that Community Development is working on. At this time since the Sunshine Management ownership is either unwilling or unable to comply with the correction orders, staff recommends that the City Council revoke the rental property licenses for all FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 7 properties currently issued to Hyder R. Jaweed, d/b/a Sunshine Management. He also added that this afternoon they did receive paperwork and license transfers for the property on Island Park Drive that indicate they no longer own that property. Mayor Lund asked if that is for both properties at Island Park Drive. Mr. Berg replied, 190 and 191 Island Park Drive. Councilmember Billings asked if the change in ownership changes the fact that there are problems with the properties. Mr. Berg said it does not. Councilmember Billings said if they were to suspend or revoke the license at those properties, no one would be forced to leave the properties. Any vacant properties could not be rented until such time as the new owner corrected the problems and applied for a license as a new owner. Mr. Berg agreed. Councilmember Billings said if they apply for a license transfer, they have to meet all the requirements of the property in order to get that license. Mr. Berg replied, that is correct. Councilmember Billings said by suspending the license, they are not going to harm the current residents. The only thing it is really going to do is stimulate the purchaser to get things done more rapidly so that all of the units are available for rent. Mr. Berg said he believed that to be true. William Burns, City Manager, asked if the contracts had been sold on contract for deed. Mr. Berg said he believed that to be true. Dr. Burns asked if that constituted a change in ownership. Fritz Knaak, City Attorney, replied technically, contract for deed is not an actual transfer of the fee ownership. Councilmember Bolkcom asked about the complaints, what was wrong with Apartment No. 5, and if anyone was residing there. Mr. Berg stated Apartment No. 5 has significant damage to the bathroom area. There have been a lot of complaints about water leaking into Apartment No. 1. When they were allowed entry into Apartment 5, they discovered that most or all of the sheetrock was missing in the bathroom, FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 8 and water was leaking in there. Repairs were done with no permits, so the Building Inspector posted that unit. To the best of his knowledge, that unit is vacant. Councilmember Bolkcom asked what some of the other issues were. Mr. Berg said the interior common areas in 190 Island Park Drive; combustible storage in the utility rooms; holes in walls in the common areas which are significant in terms of fire spread; fire extinguishers that were not serviced and discharged; fire doors that did not close and latch; doors and windows on the units that did not lock; gas shut off to a stove; holes in doors; missing hardware in doors; sheetrock that was damaged from the water and falling down; leaking plumbing; work done without permits; damaged electrical outlets; missing stove controls; stoves that were lacking shutoffs within three feet; smoke detectors that were not working; tape covering exhaust fans; damaged caulking; and missing switch and outlet covers. Councilmember Bolkcom asked if the items regarding the fire extinguishers and shutoff valves are not enough for someone to say that people should actually not live in those apartments. They are issues that should be dealt with. Fire Chief Berg stated management took care of the life-safety issues the first time around. He said they were maintenance issues. They started receiving complaints from the residents at 190 and 191 in September or October. For example, in October 2005 they received a complaint from Apartment No. 2 in building 191. When they get a complaint, they ask the tenant if they have notified the owner. They require a two-week notice. In some cases where they believe there are safety issues they go out immediately. They also ask if they are under an eviction notice, because a lot tenants will do damage in those situations. At that point, they go and conduct a complaint inspection. Once they have verified the complaint, they write a correction order which is delivered. Councilmember Bolkcom asked if it was done by registered mail. Mr. Berg replied by U.S. Mail. They have 30 days in which to correct the issues unless, for example, there is an issue with paint during the winter. After 30 days, they go back and re- inspect. They consider that their second inspection. If it is not complete, they have another ten days. They charge for the third inspection and for each inspection after that. The re-inspections are done in 10-day intervals. Jon Peterson, Attorney for Hyder Jaweed, said he would encourage Council to make a distinction between the Island Park properties and the Channel Road properties. He asked the City Attorney if he would agree that a Contract for Deed is a financing mechanism, and it effectively transfers equitable ownership and, for all practical purposes, tax ownership to the new owner. Attorney Knaak replied, yes, as a practical matter, that is very often the case. Attorney Peterson stated he knows in this particular case the transfer of the Island Park Drive properties was done pursuant to Contract for Deed for the purpose of financing the owner's FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 9 acquisition of the two Island Park Drive properties. For all practical purposes, Grant Rudolph, the purchaser of the property, is the owner of 190 and 191 Island Park Drive. It is his understanding that he has plans to engage in substantial renovations of those properties. As part of the Contract for Deed documentation, he has agreed to assume all outstanding obligations that the City has with respect to those properties. His clients had a difficult challenge with the Island Park properties when they acquired them. They acknowledge there were problems and they decided that the most expedient way of addressing those problems was to transfer the properties to someone who would be making improvements to the properties. Councilmember Billings stated they can stipulate that they will review each property as a separate entity in making any determinations. Councilmember Bolkcom asked if he had some documentation. Attorney Peterson stated he is represents Mr. Jaweed, and he did not bring a copy of the Contract for Deed for Council. He has provided those documents to John Crelly of the Fridley Fire Department. Mayor Lund stated said hopefully the sellers have disclosed to the buyers that their licensing is in j eopardy with a potential revocation or suspension. Attorney Peterson stated it is his understanding the new owner has been in contact with the Licensing Department and was aware of the issues prior to execution of the Contract for Deed. He said with respect to the Channel Road properties, it is his understanding, that there are no issues with respect to the property at 6551, and he believed there was only one issue related to the 6571 Channel Road property. All other properties that have been cited by the City have been corrected and there are no additional issues other than a particular issue with respect to a fence. The initial citation that was issued was for a violation of the fence on the south side of the property. On the south side of the property there is a chain link fence and, pursuant to an inspection on June 9, Terry was told that fence was actually fine. There is a fence on the north side of the property which is in disrepair which, according to his client, is not on his property. He was informed today by Scott Hickok of the Community Development Department, that they need to have an 8-foot fence. This is the first indication of what they need. He said they need to talk with the City to find out what the issue is and where the fence is. His client definitely desires to get the 6571 Channel Road property in compliance with the City and to cooperate with the City. Mayor Lund asked if there had been proper notice on this issue. Mr. Hickok said they send a letter after inspection that confirms there is a problem on the site. The first letter creates a time for correction. Then there is a re-inspection. If necessary, a second letter is sent and it further clarifies the issues and may give a short grace period before a citation is issued. He stated for property owners who own R-3 property, it is incumbent upon them to know what the laws are governing the property and they do need to screen. It has been a long- standing rule, that if you own an R-3 property adjacent to an R-1 property, you need to have a fence that screens your property from that adjacent property. You could landscape or have a FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 10 combination of landscape and fence. Any confusion as to the fence would have been clarified if the owner had wanted to correct the problem. It is a long-standing problem that property issues do not get taken care on this property. This is not the first code complaint or issue they have had. Attorney Peterson said the notices were not sent to the address of Mr. Jaweed and he did not receive the notices. Mr. Jaweed told him the fence is on the adjoining property owner's land. Mayor Lund asked staff about any stipulations inherent with the licensing of these rental properties about fences. Mr. Hickok replied it is the responsibility of the R-3 property owner to properly screen their property. Staff has a different opinion as to which property this is on. Staff contends this fence belongs to the complex. The fence is sitting on the retaining wall for the parking lot of the Channel Road apartments. Mayor Lund commented and irregardless of whose fence it is, you can certainly do a survey or whatever to prove whose property it is on. The fact still remains that the R-3 property owner is responsible to properly screen between his property. Even if it is on somebody else's property, it does not relieve the obligation of the R-3 property owner to screen his property, so in addition, he should be putting up a new fence or another screening or something approved by the zoning staff for proper screening. Attorney Peterson replied he has spoken with his client about this. He said he asked his client if he would be willing to put up an 8-foot fence in the ne�t 30 days to comply with the zoning code, and his client said he would be happy to do that. Mayor Lund asked where the notices were being sent. Mr. Hickok replied to Mr. Jaweed's home in North Oaks. They did verify that address through another city. Mr. Jaweed has a number of different company names, and a number of different potential addresses. They find in talking with other colleagues in other cities, the most success comes with sending it to Mr. Jaweed's home. Mayor Lund asked if the letters had come back. Mr. Hickok replied, no. Attorney Peterson stated his client told him the last letter he received which he thinks was last week from Mr. Hickok did come to his address, but the previous letters were sent to a former management company that were received but not forwarded by the management company. Mayor Lund asked attorney Peterson if the management company is one his client pays for services. Attorney Peterson replied he believed that is the case. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 11 Councilmember Bolkcom asked when someone applies for a rental license, are they required to give the City some type of address where they can actually communicate with them? Mr. Berg replied, yes. Councilmember Billings asked, upon renewal, is there a requirement they provide the City an address? Mr. Berg replied, yes. Councilmember Billings asked when were the licenses last renewed for Channel Road? John Crelly, Assistant Fire Chief, stated he believed the renewals went out in late October of last year. Councilmember Billings asked Mr. Hickok if he has sent a letter to the owner of the R-1 property adjacent to this property regarding the fence. Mr. Hickok said there is a construction project happening ne�t door and they have almost daily visits. Councilmember Billings stated in terms of the code enforcement issue, they should probably send them a letter since they have reason to believe the fence is possibly on their property stating they may have a code enforcement issue as well. He asked Attorney Peterson if he is willing to stipulate on behalf of his client that if they were to table this for 30 days, that during that time his client would be able to remedy the fence issue on his property and to repair, replace, or construct a fence that meets the City Code. Attorney Peterson said he asked his client this afternoon and he said they are willing to do that. Councilmember Billings asked if he is willing to stipulate on behalf of his client that this would be done if they were to table this for 30 days. Attorney Peterson said he was. Councilmember Billings asked if there were open issues other than the fence at 6571. Mr. Berg said none that he was aware of. Councilmember Billings asked Mr. Hickok if he was aware of anything at 6571 other than the fence issue. Mr. Hickok replied the fence is the only issue he is aware of. Councilmember Billings asked Mr. Hickok if he was aware of any issues at 6551 Channel Road. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 12 Mr. Hickok replied, no. Councilmember Billings asked Mr. Berg if the issues at 6551 had been remedied. Mr. Berg said they had. Councilmember Bolkcom expressed her concern about the City carrying the large water bills and what is going to happen with the next license. Attorney Peterson expressed his concern with revoking the license. He said the building gets posted and no new tenants can move in. The best tenants would move and they would be left with tenants who are more challenging. So you end up with a building that is faced with challenging tenants and you are also put in a place where you do not have sufficient rental dollars to operate the building. You have to start over with your whole tenant base. Mayor Lund said he thinks Mr. Peterson's client should have considered what would happen. He is letting is letting his own properties run down so he is not going to attract good-quality tenants. Attorney Peterson replied with all due respect he thinks they are talking about the Island Park Drive properties which have been sold. He does not think there is the same degree of code violation. Mayor Lund stated he is hearing a lot of history about his client, not just on one property, but others too. He heard in the presentation the utility company is ready to shut off the gas. He has had a history of not paying his utility bills with the City. Councilmember Billings asked whether there was a representative in the room for Mr. Rudolph, the new owner of the Island Park apartments. Bercina Dackery, 6551 Channel Road, Apartment No. 1, approached and stated she has pictures of her apartment showing that her ceiling is leaking. She has been reporting this and they still have not come out and fixed anything on it. She has letters from her Section 8 inspector that indicate they were supposed to fix things, but they were never fixed. This has been going on for months. She said she has talked to the owner. MOTION by Councilmember Bolkcom to receive a three-page letter from Pat Wolfe, Section 8 Coordinator. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom gave a summary of the items listed in the letter, including secure laundry room drain cover, properly attach water softener overflow tube to the ceiling, replace missing outlet covering near the breaker boxes, entry system was plugged into the outlet with a missing cover, attach cloth pull string to chain string on light fixture near the boiler, properly FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 13 secure hallway carpet bar to the floor with adequate amount of screws, carpet bar is located outside the bedroom and bathroom, and properly secure hand railing to the wall, both sides of the building going to the wall, etc. Mayor Lund asked if this information would get passed to other departments. Mr. Berg stated they do not always get information from Section 8. John Crelly, Assistant Fire Chief, approached and stated with regard to Unit #1 his understanding of how the Section 8 program is supposed to work is there is a certain level of privacy or separation of City government and the agency that is providing dollars for affordable housing. Mayor Lund asked when the apartments were inspected. Mr. Crelly said they have been out a number of times for various complaints. Mayor Lund asked if they only do it on a complaint basis. Mr. Crelly said they are trying to inspect licensed properties every year. Currently, once every four years they do a complete inspection of the building. They are currently stepping up their efforts because they are seeing issues that are developing in the common areas. Every other year a building will be inspected and one inspection will be in common areas only and the other time they come out will be a complete inspection. Mr. Berg stated the inspection of 6551 Channel Road was initiated by complaint on October 14, 2005. The fourth follow-up was on March 8, 2006, and they were back looking at open issues on June 9. Councilmember Bolkcom commented she felt the departments should be working together. Mr. Hickok replied that is true and that is how the process typically works. Information that is not shared is specific client information. Mr. Crelly stated in regard to Section 8 does the own inspections and signs off on those inspections. The Fire Department does not typically see them unless there are issues with the Fire Department. Susan Coles, 6551 Channel Road, Apartment 2, said they are having a problem with their bathroom ceiling. The tub overflowed above them and leaked on their ceiling. It has been going on for a long, long while. It started on March 18. She called the apartment caretaker, Earl. He came down, he took the ceiling down, and the wood is separating because it has been wet so long. She has tried to address this as much she can. The bedroom is on the lower level, and every time it rains really hard through the sides of the building, the water comes in and soaks the carpet. She has told the caretaker and he said he would take care of the problem. She said she has heard this for 2'/z years. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 14 Mayor Lund stated so they have not made a lot of attempts to address the issues that she has. Ms. Coles stated when her carpet first got wet in the bedroom, they had to take out a section of the wall. They got that done right away but the bathroom ceiling is still not fixed. Kevin Broughton, 190 Island Park Drive, Apartment 8, stated he has lived there for about two to three months. He believed he was deceived. He was told by another company, Center Pointe, that they were remodeling the whole building and everything was going to be just great. Now when he calls Center Pointe for anything, they tell him they do not have anything to do with that building. Mayor Lund asked if Center Pointe was the management company. Mr. Broughton replied it is another apartment complex they own over in Brooklyn Center. Regarding the livability and quality of life issues he sees around the building, there is garbage lying around. They do not have a caretaker. They are starting to get vermin, roaches and mice. There are numerous electrical code violations. He is a maintenance man by trade. He has been performing his own repairs because no one is ever around. They do not have a security door and all the other units do. There are no bells to ring or anything. Councilmember Bolkcom asked Mr. Broughton when he was told they were going to remodel, did they indicate how soon? Mr. Broughton replied the information he received was they were doing them one by one. When he came in there they had started to repair some of the units. Csaba Barabas appeared on behalf of his brother, Tibor Treaumann, 190 Island Park Drive, Apartment 1, and stated his brother and his mother and sister reside there. Their main concern is Apartment 5 which is above them. There has been water coming in from the ceiling for a long time. It started with a hole in the ceiling at first. The ceiling progressively got worse, and pieces of the ceiling started falling in. His brother called 911 two times. One time the Fire Department and police officers were out and they took pictures. The ceiling completely fell that time. There is also no safety door. He actually bought his own safety lock and he put it on the door of the apartment because the door was so loose. You could jiggle it a few times and gain entry into the apartment. Mayor Lund asked if the leaks in the ceiling were from plumbing or a roof leak. Mr. Barabas replied the plumbing above had a water leak The way the police gained entry into the apartment was by kicking in the door because they did not know what was going on because there was so much water coming from the ceiling. Water is still coming down from the ceiling and the floorboards. The boards above are cracked to the point where they can see light showing from up above. He is concerned that the boards might crack and fall on top of something. There are broken windows that leak and have never been fixed. In his mother's bedroom, water comes in and the carpet gets wet. He states every time he is there, something new is wrong in that building. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 15 Kim Sherva, 6571 Channel Road, Apartment 11, and she just moved there a month and a half ago with no idea about this. Needless to say when she saw the notice on the front door, she was a little upset once she found out there were numerous violations. She asked if the City has been in her building. The handrails are still not on the building. When they first removed it they left the strips behind with the nails. They have small children, and she had to tell her two small sons be careful going down the stairs. She knows there is another family in the building that has holes in their apartment. She said she knows they are planning on raising the rent to close to $700 a unit. She feels she has been deceived. There are 2 or 3 missing outlet covers, and the lamp is not on in the kitchen. In Apartment 4, there is mold in the closet. It is not just the fence. She stated she is sure several of the tenants would be happy to have them come and take a look at their apartments and go inside and actually see the living conditions. She is happy the Fire Department caught some of it but honestly she thinks there is more they should see. Jameel Robinson stated he used live at 191 Island Park Drive, Apartment 3, and they had the same problem with water in the bathroom. Brian Pavlak, 191 Island Park Drive, Apartment 4, stated he lives in the lower level, he has a leak in his shower and the ceiling is starting to peel back off the sheetrock because it leaks so much, usually whenever the tenant above him takes a shower. There are some issues with Apartment 5. It has mold. You can smell it even in the hallway. The owners have been very negligent and he has not seen them fix anything around those complexes. Councilmember Billings stated it is his understanding that staff inet with the new owner a few weeks ago. He thought staff had said he has applied for a license and building permits. Mr. Hickok stated they have met with Mr. Rudolph and he indicated he was interested in buying 190 and 191 Island Park Drive, as well as 151 Island Park Drive. He did discuss renovation of the units. He talked about cleaning them up, changing the appearance of the building, adding landscape presence to the outside of the building, and potentially looking at some other options and features he would do to the building. They do not know Mr. Rudolph. He does not own other properties in the City of Fridley. Jonathan Jones, 6551 Island Park Drive, Apartment 9, said there are no screens on his windows and he has a 4-year old and a 7-month old. There is no smoke detector in his apartment. The water leak from the second floor down is actually caused from their apartment because there is a leak in his bathtub. He said something to Eric who stated they would have someone out there to fix it and they have not. His back door will not open from the inside. The top piece is rotting and the whole thing is going to fall in. His front door was kicked in before and the whole door frame is broken of£ He has said something about this. Ms. Coles approached again and asked whether they are at any time able to use a vacant apartment for storage. They are using Apartment 3 next to her to store refrigerators and stoves and she has called about this. One weekend the keys were left in the door and the door was left open and there was a lawnmower in the hallway in the apartment. They have one of the windows sheetrocked with just a square in it to look in through. They have been told time and FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 16 time again not to have the lawnmower in there. She told Eric it could not be stored inside the apartment. He said he does not have the lumber to build a shed. Councilmember Billings stated he would consider the possibility of continuing the public hearing and requesting the Fire Department send a letter to each tenant at 6551 and 6571 requesting an opportunity to come in and make an inspection so they can further find out just what problems exist. If he has correctly heard the testimony from Deputy Fire Chief Crelly, while they have been responding to complaints and may have been in the common areas, they have not had a full-blown inspection in each and every unit for at least three years. They have heard from a number of residents from both properties indicating there are additional problems that have not been brought to the attention of the Fire Department. Continuing this would allow the landlord 30 days to determine what kind of problems they have and to immediately start correcting them and to provide them with a plan of attack on correcting all of them. He asked Attorney Peterson if this sounded like something his client could agree to. Attorney Peterson stated he attests. Councilmember Bolkcom inquired if they were also suggesting the same thing at 190 and 191 because they have heard a fair amount of issues related to that property also. There appears to be some safety issues here with no smoke detectors, etc. Councilmember Billings stated regarding those buildings, they do not have a representative of the ownership at the meeting. Mr. Knaak stated his understanding of the purpose of the proceedings tonight is in fact just to do a public hearing in any event. Had the matter been on placed on an agenda for action later, you could have done it. He would suggest their soonest opportunity for action would be the next City Council meeting. Councilmember Billings asked if they could they close the public hearing relative to the 190 and 191 properties so they could take action at their next meeting and continue it relative to the Channel Road apartments. Mr. Knaak replied to the extent the actual hearing is actually a combined hearing related to several different licenses, not just one general license, you could do that. Although, again, they may decide to afford themselves more flexibility by leaving both issues open. Councilmember Bolkcom stated she believed that she would like to continue that portion of it. She thinks there are enough issues and continuing the public hearing also gives them an opportunity for staff to communicate with the owners. Councilmember Barnette stated he would like to have all four included. Mayor Lund stated he felt they were being overly generous. He thinks there is sufficient testimony here, whether they continue this public hearing or whether they take a quicker stance on revocation or suspension. Regardless, he thinks they have the ability, whether they suspend FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 17 or revoke at the next meeting, to go in and do the inspections and they will get a lot of information out of those inspections as well. Whether they expect Mr. Jaweed or Mr. Rudolph or whoever to comply; historically they have not done it. Councilmember Bolkcom stated this would give an opportunity to have the Fire Department inspect the building and also get more information to help the tenants get some of their problems taken care. Revoking the license is not going to help a lot of their issues. Councilmember Barnette stated it puts the owners on notice that they are very serious about this. MOTION by Councilmember Billings to continue the public hearing until the June 26, 2006, and have the agenda contain four distinct action items: one for the revocation of the license for each of the four properties. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CONTINUED AT 9:49 P.M. MOTION by Councilmember Billings requesting staff to send out letters to each of the tenants of the Channel Road properties requesting an opportunity to reinspect those properties as soon as possible so they can have additional information for the continuation of the public hearing. His motion does not include the 190 and 191 Island Park Drive properties there is sufficient information to revoke the license for those properties. Mayor Lund asked if they have the ability under the rental licensing code to do the inspections. He asked if they sent a letter beforehand when anticipating going into an apartment. Mr. Berg said if they have reason to believe there are issues within those buildings, they have the right to request an inspection at any time. Mayor Lund asked if they had reasonable cause from the testimony presented at this meeting. Mr. Berg said he thought that was correct. He would recommend they just send a letter to the property owner requesting an inspection of the entire building. Councilmember Barnette stated in the past, they have had a problem when they have asked to go into tenants' apartments and the owner has said, no. Councilmember Billings stated if they send a letter to the tenant, asking them permission to come into their premises to do an inspection, and the tenant contacts the City and invites them onto their premises to do an inspection, he believes they have a right to do it. They have a lease that is signed that says it is their property to use. Councilmember Barnette stated he knows in the past they have had problems where the owner has denied the City going into those. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 18 Councilmember Billings said it appears that the property owner has not been cooperative with allowing inspections. He thinks they should go to the next step and get the cooperation of the tenants. Mr. Knaak stated if you are there as an invitee of the tenant, there is no issue. Where these problems have arisen in the past is in situations where there has been non-cooperation on the part of the tenants and the City nevertheless under its ordinance is seeking to gain access via the landlord to inspect the units. There has never been a problem in terms of access if in fact the City is invited in. Mayor Lund stated he felt that according to Mr. Jaweed's attorney, Mr. Jaweed is gungho about working with these issues, so he would think if they sent a letter to the property owner that he is going to fully cooperate and allow inspections to occur. He is not against sending a letter to the tenants, it is not a huge dollar issue for him, but he wants to make sure they are going about it in the proper fashion. Mr. Chief Berg stated the only issue with sending a letter to the tenants, is they do not know who the tenants are. Councilmember Billings suggested they address the letters "Occupant of Apartment No. " UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to do the same for the tenants at 190 and 191 Island Park Drive. Dr. Burns asked if they have the manpower to inspect all four buildings in two weeks. Councilmember Billings stated they have 120 open issues on 190 and 191. He does not think there is any question that there is enough information there as to whether there is reason to revoke those two license. He does not know what inspections of 190 and 191 would do for them except to create additional information when there is already satisfactory information to go for revocation on those two. Councilmember Bolkcom stated said revocation takes care of any apartments that are not rented, but there are still other related issues. She has not seen anything being resolved because it sounds like some of this stuff has been going on for some time. Seconded by Councilmember Barnette. Mayor Lund stated he thinks it is going to be extensive and they may have to change their thinking and allow a little more time, which delays the process. Councilmember Bolkcom asked how long it takes to inspect an apartment. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 19 Renee Long, Firefighter for the Fire Department, stated she has been the primary inspector at the Island Park apartments. The initial inspection was an all-day process. For a single apartment that has no problems, it can be a very rapid inspection, but if they find problems, it takes time to document those issues. If there is a tenant there, they try to ask if there are any problems or concerns they want the City to be aware of. It would take at least one full day for each building and that is assuming they do not have other inspections or calls during that time. Councilmember Billings pointed out that is also assuming that you can get into all of the apartments on the same day. Councilmember Bolkcom rescinded her motion. Ms. Long stated regarding the initial inspections, they will ask the owner or his representative to accompany them into each apartment. They have a key to each apartment and it is for protection of the owner and for themselves to have somebody accompany them. If they ask each individual tenant to pick a date and time that works for them, they could be all over the board in scheduling something. She thinks that having the owner accompany them would certainly speed things up. Picking one day for each building and inspecting in an orderly fashion would make the most sense. MOTION by Councilmember Bolkcom for the next agenda packet to have a detailed list of the 120 items along with all the issues commented on by people who were present at this meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Consider Revocation of Special Use Permit #03-14, for Central Auto Parts, Generally Located at 1201— 73 �/z Avenue N.E. (Ward 2) MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 9:59 P.M. John Buzick, 661 — 207th Avenue N.E., stated pursuant to statute, he should have received notice which he did not. Mr. Hickok stated he did this afternoon talk to Jerry Haluptzok who is the operator/owner of Central Auto Parts and he indicated that he did not receive the notice. He did talk to staff about that and they did send a notification to the newspaper. A generic notification that is the same notification they would do for an ordinance or amendment or anything else that has city-wide implication. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 20 Mayor Lund stated they sent notice to the Fridley Focus and that is documented that they have the two notices in the paper. Mr. Hickok replied, yes. Mayor Lund stated and no letter was sent to the individuals. Mr. Hickok replied he did talk to Mr. Buzick on the telephone, and he did talk to Mr. Haluptzok a few weeks prior, and indicated that June 12 was the time that Mr. Haluptzok would be coming before the City Council. Mayor Lund asked the City Attorney if they are required to send personal notice to the property owner or the license holder other than just the general notification for the general public. Attorney Knaak replied because it is a public hearing they are required to publish the notice. That was done as he understands it on at least two occasions. He does not believe in this case that there is any requirement in the City's ordinance for mailed notification. Tom Malone, attorney for Central Auto Parts and Mr. Haluptzok, stated frankly he is not sure of the merits because they did not have an actual notice. He believes there is an obligation not only to publish, but under Chapter 462 there is an obligation to notify the owner of the property. Mayor Lund replied they want to be fair, but they are all here so they know about it, and he knows that Mr. Buzick knew about it because there was a telephone message about a week ago at his office. He is certain it was regarding this. He knows that staff has been over to the facility and that this was an upcoming thing. They also did a 90-day reprieve for the license. Attorney Malone stated he does not know anything about it, and with due respect he has to disagree with him. Just because they know about it and they are there, does not mean they had adequate notice. He thinks the statute requires, 10 days notice and the under the principles of due process, adequate notice, in order to afford a meaningful opportunity to be heard, has to be given. So he is constrained to enter a formal objection to these proceedings and ask they hold it over to a later date in order to give them an opportunity to be prepared to come forward to address meaningfully what the contentions are going to be. Councilmember Billings asked Attorney Malone if he represents his client. Attorney Malone replied, of course. Councilmember Billings asked if he was prepared to take notice on behalf on his client. Attorney Malone replied, yes. Councilmember Billings asked Mr. Buzik if he was an officer of the corporation. Mr. Buzick replied, yes he is. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 21 Councilmember Billings asked him if he was prepared to take notice on behalf of his corporation that they are going to have a hearing at a future date. Mr. Buzick replied, yes. Councilmember Billings asked Attorney Knaak if they were to continue this hearing for two weeks, rather than closing and republishing, and these gentleman take notice of the fact the hearing will be in two weeks, would that be satisfactory compliance with the statutes. Attorney Knaak replied, leaving aside that question of it already being okay, he thinks if all parties are in agreement that would operate as a waiver. Councilmember Billings asked Mr. Buzick if that works for him. Mr. Buzick replied, yes. Mr. Hickok stated he would ask Jerry Haluptzok. He is the owner of Central Auto Parts. Mr. Buzick is the owner of the underlying land. Councilmember Billings pointed out Attorney Malone is the attorney for Mr. Halupsik and he said he is going to take notice on behalf of his client. Attorney Malone asked to be provided with a hard copy of Mr. Hickok's power point presentation. Mr. Hickok stated he would be glad to provide the agenda item as well as his power point presentation as a handout. Councilmember Billings asked to have current addresses left with Mr. Hickok. MOTION by Councilmember Billings to continue the public hearing to the next City Council meeting on June 26, 2006, and direct staff to have on the agenda as an action item, an item for revocation. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND COUNCILMEMBER BILLINGS VOTING AYE, AND COUNCILMEMBER BOLKCOM VOTING NAY, BY A VOTE OF 3-1, MAYOR LUND DECLARED THE PUBLIC HEARING CONTINUED AT 10:10 P.M. 9. Consider 2006 Mill and Overlay Project No. ST. 2006 — 2. MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 10:11 P.M. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 22 Jon Haukaas, Public Works Director, stated this is a mill and overlay of Matterhorn Drive and 73rd Avenue. It has been determined that simple pothole patching is no longer sufficient to maintain a safe travel surface in several areas of the City. They have put together a multi-year program of doing overlays throughout the City to remedy that concern. This is the first proj ect to resurface two sections of streets in Fridley of this program. Notice of this meeting was published in the last two editions of the Fridley Focus and individual letters were mailed to the properties on May 25. The project consists of removing the top two inches of deteriorated asphalt, repaving the surface, and repainting the pavement markings. The project area in question is Matterhorn Drive, from Gardena Avenue to approximately 1,200 feet south where it meets the concrete streets, and 73rd Avenue from University Avenue to Able Street. Last year they did 73rd Avenue from Able Street to Old Central. This would be a continuation. The total estimated cost of the project is $57,338 for Matterhorn Drive and $220,935 for the 73rd Avenue resurfacing. These are estimates of what our most recent cost figures are for asphalt. Asphalt has gone up significantly this year but it is a necessary project, since 73rd Avenue is our most heavily traveled route maintained by the City in Fridley. Matterhorn Drive is in terrible condition. The cost will be funded partially by the City in the amount of $130,996. That is state-aid eligible so they would be using that account for our portion. Under the City's current assessment policy, $147,277 would be assessed to the adjacent properties. For the Matterhorn Drive portion, Totino-Grace High School owns 42 percent of the frontage on Matterhorn Drive and under existing and most current assessment policies, they would, therefore, be assessed for that amount--42 percent of the total cost to resurface this road. The 15 residential lots that are addressed on Matterhorn Drive would be assessed a lump sum of $864 each. This is a prorated amount. Matterhorn Drive is actually 44 feet wide. This is what the cost would be for a standard 32-foot wide residential street, with the City of Fridley picking up the difference. For the 73rd Avenue project, there are four commercial properties on the south side, and 50 percent of the resurfacing cost would then be divided between those parcels based on their frontage. The remaining 50 percent, the north half would be paid for from City funds. This program will continue in future years to continue the necessary upkeep of our streets. Councilmember Bolkcom asked if there was an approximate cost in the letters sent out to the individual owners. Mr. Haukaas said there was. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 10:18 P.M. NEW BUSINESS: 10. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof of the 2006 Mill and Overlay Project No. ST. 2006 — 2. FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 23 Mr. Haukaas stated this is for the 2006 Mill and Overlay Project he just spoke about. This is the first resolution to order them to complete those plans, bring them back to them at the next meeting for final approval and move on from there. It would be their opportunity to make any changes that would have been brought up at this public hearing. MOTION by Councilmember Billings to adopt Resolution No. 2006-33. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. 11. Preliminary Plat Extension Request, P.S. #05-2, by Family Lifestyle Development Corporation, Generally Located at 1314 Mississippi Street, 1340 Mississippi Street, 6421 Central Avenue, 6441 Central Avenue and 6461 Central Avenue (Ward 2). Mr. Hickok stated as is consistent with City policy, if a plat has been granted in its first preliminary stage, that plat needs to come back within a six-month period and, if it does not, a request needs to be made by the petitioner. Mr. DeMello has made previous requests for extension. Mr. DeMello has been working with investors on the project and that has been a legitimate and consistent situation where they have granted extensions in the past. John DeMello, Family Lifestyle Development Corporation, stated they have had several investors who have come up with purchase agreements with contingencies that made it challenging to try and achieve the obj ective. They want the same proj ect and they want to maintain its consistency and so they are still hunting for the right investor. MOTION by Councilmember Billings to approve the six-month extension to December 13, 2006. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11A. Waive the $200 Inspection Fee for the Fridley `49er Days Fireworks Display. Councilmember Barnette stated this to waive the $200 inspection fee for the Fridley `49er Days festival fireworks display. MOTION by Councilmember Barnette to waive the fee. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports. Mr. Hickok stated with respect to the Hyde Park/Blueprint Homes proj ect, the first three plans have come in from Blueprint Homes and those plans are being reviewed by building staff. They FRIDLEY CITY COUNCIL MEETING OF JUNE 12, 2006 PAGE 24 should see some groundbreaking very soon. The transfer of property will be happening within the next week or 10 days, and the actual construction will commence shortly thereafter. He thinks people will be pleased with the design of the units which are very distinct and different planwise. It is what they were hoping for. Good quality homes. Councilmember Barnette asked what the price range was for the homes. Mr. Hickok replied he thinks initially the developer had indicated they were looking at the $300,000 to $350,000 range. That is consistent with the plans that they have seen come in. Mr. Haukaas stated as far as the street reconstruction associated with the Gateway West Proj ect, they do have an advertisement out and are soliciting bids. They hope to award the bid at the next City Council meeting. In regards to the City's street project, they have opened up the area south of Community Park and also several streets north of Hayes School. All the streets have been removed, the ground has been subcut, and they are just working on the storm sewer work primarily in the Pandora neighborhood. Councilmember Bolkcom said if people have questions regarding costs, they can call the Public Works Department. Mr. Haukaas said they could. There was an initial letter sent out with what the estimated assessment would be. That was a not-to exceed cost. That was at the first public hearing. They will hold to those numbers. People can call the Engineering Department. The Assessment Department also has those numbers. Councilmember Bolkcom stated there was a gentleman and one of his neighbors who said they never received one. Mr. Haukaas stated they were sent out with the invitation to the initial public hearing. They also do newsletters and walk them through the neighborhood, delivering them to every house. They have done several neighborhood newsletters for the areas they are specifically working on and will continue to do so. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Billings, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 10:31 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 Date: June 21, 2006 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #06-06, Kenneth Goldman M-06-73 INTRODUCTION Mr. Goldman, owner of K& N Labs, is seeking a special use permit to increase the lot coverage requirement from 40% to 43%, to expand his existing building at 7830 Elm Street, to be used for additional laboratory instrumentation, conference room and office space. PLANNING COMMISSION RECOMMENDATION At the June 7, 2006, Planning Commission meeting, a public hearing was held for SP #06-06. After a brief discussion, the Planning Commission recommended approval of SP #06-06, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall comply with MN Rules Chapter 1306 for fire sprinkler requirements. 3. The petitioner shall comply with all ADA requirements for parking. 4. Addition shall be architecturally compatible with the existing building and finished with complementary exterior building material and color scheme. 5. No outdoor storage of equipment or materials is permitted without a special use permit. 6. Petitioner shall submit landscape plan to be reviewed and approved by City staff prior to issuance of a building permit. 7. Petitioner shall submit grading and drainage plan to be reviewed and approved by City engineering staff prior to issuance of a building permit. City of Fridley Land Use Application SP #06-06 June 7, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Kenneth Goldman 1137 97th Lane NW Coon Rapids MN 55433 Requested Action: Special Use Permit to increase the allowable lot coverage in an S-3 zoning district from 40% to 43%. Existing Zoning: S-3 (Heavy Industrial Onaway Addition) Location: 7830 Elm Street Size: 10,760 sq. ft. .25 acres Existing Land Use: K & N Labs Surrounding Land Use & Zoning: N: Industrial & S-3 E: Industrial & S-3 S: Industrial & S-3 W: Industrial & S-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.25.6.C.(1).((a)) requires a special use permit for a one-story building in the S-3 zoning district to increase lot coverage from 40% to 50% of the lot area. Sec. 205.25.6.C.(4) requires that the petitioner meet all other ordinance requirements. Zoning History: 1911 — Lot is platted. 1985 — Building constructed. Legal Description of Property: Lots 9& 10, Block 2, Onaway Addition Public Utilities: Business is connected. Transportation: Elm Street and the alley behind the property provide access to the property. Physical Characteristics: Lot consists of the building, parking lot, and a few landscaped areas. SUMMARY OF PROJECT Mr. Goldman, owner of K& N Labs, is seeking a special use permit to increase the lot coverage requirement from 40% to 43%, to expand his existing building at 7830 Elm Street, to be used for additional laboratory instrumentation, conference room and office space. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit. An increase in lot coverage for a one story building from 40% to 50% is a permitted special use in the S-3 zoning district, provided all other code requirements are m et. Existing Building CITY COUNCIL ACTION / 60 DAY DATE City Council — June 26, 2006 60 Day — July 3, 2006 Staff Report Prepared by: Stacy Stromberg SP #06-06 REQUESTS Mr. Goldman, owner of K& N Labs, is seeking a special use permit to increase the lot coverage requirement from 40% to 43%, to expand his existing building at 7830 Elm Street, to be used for additional laboratory instrumentation, conference room and office space. Existing Property HISTORY AND ANALYSIS The subject property is located on Elm Street, north of 78t" Avenue and is zoned S- 3, Heavy Industrial Onaway Addition as are all surrounding properties. The existing 2,380 square foot building was constructed in 1985. The petitioner is seeking a special use permit to increase the lot coverage requirement from 40% to 43%, to expand the existing building to be used for additional laboratory instrumentation, conference room and office space. The existing property is 10,760 square feet and the existing building is 2,380 square feet (34 ft. by 70 ft.), which meets the allowable 40% lot coverage requirement. The petitioner plans to construct a 2,240 square foot (32 ft. by 70 ft.) addition to the existing building, which increases the lot coverage to 43%, thus the need for a special use permit. The code requires that a special use permit may be granted as long as the property is meeting all other code requirements. All other code requirements are being met, including but not limited to parking and setbacks. City staff hasn't heard any comments from neighboring property owners. RECOMMENDATIONS City Staff a/so recommends approval of the special use permit request as an increase in lot coverage for a one story building from 40% to 50% is a permitted special use in the S-3 zoning district, provided all other code requirement are met, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall comply with MN Ru/es Chapter 1306 for �re sprinkler requirements. 3. The petitioner shall comply with all ADA requirements for parking. 4. Addition shall be architecturally compatible with the existing building and finished with complementary exterior building material and color scheme. 5. No outdoor storage of equipment or materials is permitted without a special use permit. 6. Petitioner shall submit landscape plan to be reviewed and approved by City staff prior to issuance of a building permit. 7. Petitioner shall submit grading and drainage plan to be reviewed and approved by City engineering staff prior to issuance of a building permit. � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director June 26, 2006 Design Contract for 2007 Street Improvement Project PW06-O50 SEH, Inc. had provided us with design services for our large street improvement projects for the last two years. The have provided good service and have been responsive to our requests. We are recommending that the City continue to use this team for the design of our 2007 Street Improvement Project. The 2007 Street Improvement Proj ect includes a total of 3.7 miles. It is located in the Melody Manor area and the streets generally south and west of Fridley High School. The attached proposal for services was submitted at our request. Services included initial surveying, coordination of resident questionnaire assistance with the neighborhood meetings, design and preparation of the plans and specifications through award of the project. Recommend the City Council award to SEH, Inc. for a not-to-exceed fee of $155,967.00. JHH; j b Attachments June 22, 2006 RE: Fridley, Minnesota 2007 Neighborhood Street Improvement Project _ Engineering Services City Project No. ST 2007-1 SEH No. P-FRIDL0602.00 10.00 Mr. Jon H. Haukaas, PE Public Works Director and City Engineer City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Dear Jon: Short Elliott Hendrickson Inc �(SEI-� again thanks you for the opportunity to assist the City of _ Fridley (City) with�the referenced project. : : � .. . ' : - For your convenience, we have enclosed a map of the project area labeled Figure No. 1. The 2007 _.: .. project areas are shown in blue. Also enclosed is a production schedule. We will provide the services� -= < to the City as outlined in the enclosed Task Hour Budget (THB) within the project area for a not-to- exceed fee of $155,967. Our not-to-exceed fee includes reimbursable expenses. We will bill you monthly on an hourly basis for services, expenses, and equipment. Based on an orderly and continuous progression of the work described in the THB, we anticipate achieving the key milestones shown in the following table. This letter agreement, Figure No. 1, the THB, and the production schedule represent the entire understanding between the City of Fridley and the SEH in respect to the project and may only be modified in writing if signed by both parties. If this letter satisfactorily sets forth the City's 12 Mr. Jon H. Haukaas June 22, 2006 Page 2 understanding of this project, please sign and date both letters and return one to Chad at the address shown on this letterhead. In the meantime, please contact me at 952.912.2633 or . cmillner(c�sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Paul J. Pasko III, PE/Associate Project Manager Enclosures Accepted on this _day of , 2006 City of Fridley, Minnesota _ By: Name , ... _.. ,,_. . _ '� -�_� , ,__ � � _ Title: � - c: Jason Sprague, SEH Dave Halter, SEH A1 Horge, SEH P:�FJ�F�Fridl\060200\1-Genn10\6 22 06 proposal.doc � 1 i�J Chad Millner, PE Project Engineer � � 0 O N � � Z � 1 O V �. ti � � b � � „ O , � �"'..'� �`i . .. ��.� � ��N �.. O y � � ti � v V '� � � �� 0 0 � 0 �o r .�o � � 0 0 H 14 `o � 16 � � ma 2 B U � m $ �t � � � pWpW� � � � a m 0 > 0 � J 3 a t � � � � 3 u � O m [� � 3 > F � ❑ � � � � � � � F � � 5 � � � Z g � � � > � � 2 _ , V a � � t°- � °� v � ;o �� J z �' o � �j < m�� ' � 4 � '� � � m � � �� O Cr ��a� < � � , O � � � ��`' � T� � � v�. 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F' G � � � �, � � , � � � � m p o � � ? � Z F � � Z � O 6 g 3 r� � z ° a F 4x � 0 3 J � � 8 �i °' � �, r � a a � � � 3 � ° � � �' < � � g a J ?°o �' `� : � z � �a � � 8 < 3 v V � � � : � a � � � � q m � � � � `� � ° d � � � a� p � � z o �, o � g F s � "d % � o � � � y m � Y vui �- [- '� 6 � o � � � � 3 � � � � � � c � o � �u U N � = a � � ��°�� p O t- � i n� � � � � � � �- � � N N N N 17 �. . . .,� ��. N .. .. . a �' . . . crrr oF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 William W. Burns, City Manager�l � �`'" Jon h.C�Iaukaas, Public Works Director June 26, 2006 Community Park Phase 1 Irrigation Installation PW06-049 The improvements to the Community Park ballfields are split into three phases built in conjunction with the annual street improvement project. It includes raising the grade of the fields with granular material to improve drainage, new infie�d material, new turf,; and �ew -- irrigation system. T'he new irrigation system includes trunk lines for the entire complex and new control systems. It will be able to control the existing systems for phases 2 and 3 ur�t�l-: . they are upgraded. The City is able to buy all the necessary materials for the new irrigation at wholesale prices. The contract for installation of the system for the first phase of the improvements was advertised in early June. Three bids were received. The low bid was received from Mickman Brothers of Ham Lake, NiN in the amount of $24,990.00. This project is budgeted in the 2006 Capital Improvement Plan. Recommend the City Council receive the bids and award the contract for the Community Park Ballfield Phase 1 Irrigation installation to Mickman Bros. of Ham Lake, MN in the amount of $24,990.00 JHI3�jb : Community Park Ballfield Phase 1 Irrigation Installation Bid Opening @ 10:00am on June, 14th 2006 Name Address City State Zip Bid Bond Bid Mickman Bros 14630 Hwy 65 Ham Lake MN 55304 Yes $24,990.00 Northern Irrigation, Inc. PO Box 249 Circle Pines MN 55014 Yes $34,900.00 Irrigation By Design, Inc. 14070 23rd 23rd Ave N Plymouth MN 55447 Yes $56,716.00 � � CffY OF FRIDLEI' TO FROM DATE: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director June 26, 2006 PW06-O51 SUBJECT: 2006 Mill and Overlay Project Resolution Receiving Final Plans and Ordering Ad for Bids The attached resolution approves the final plans and specifications and authorities the advertisement for bids for the 2006 Mill and Overlay Project No. ST2006-2. The project is on Matterhorn Drive and on 73rd Avenue. Project funding is through residential assessments, commercial/industrial assessments and the use of MSAS funds. A Public Hearing on the assessments for this project was held at the June 10, 2006 City Council meeting. Recommend the City Council adopt the attached resolution to proceed with the proj ect and receive bids for the work.. JHH; j b Attachments RESOLUTION N0.2006- A RESOLUTION ORDERING FINAL PLANS, SPECIFICATIONS AND ESTIMATES FOR BIDS: MILL AND OVERLAY PROJECT NO ST2006-2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: l. That the following improvements proposed are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including bituminous, milling and hot-mix bituminous overlay, and other miscellaneous associated repairs to the facilities located as follows: Matterhorn Drive - Gardena Ave to 1220 Feet south 73rd Avenue - University Avenue to Able Street That the work involved in said improvements listed above shall hereafter be designated as: 2006 Mill and Overlay Project No. ST 2006-2 2. The plans and specification prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with City Clerk. That the Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements 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 14 days), and shall specify the work to be done and will state the bids will be opened and considered in the Council Chambers of the Fridley Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the city for five percent (5%) of the amount of such bid. That the advertisement for bids for the 2006 Mill and Overlay Project NO. ST. 2006-2 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26t'' DAY OF June, 2006. SCOTT J. LUND ATTESTED: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' TO FROM DATE: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director June 26, 2006 PW06-052 SUBJECT: Resolution Supporting ISD 13 Safe Routes to Schools Grant Application We have been contacted by representatives of Independent School District No. 13 regarding a new MnDot grant program to improve safety for students walking or biking to school. North Park Elementary in Fridley is part of ISD 13 . The grant program is 100% federally funded but the grants are given on a competitive basis. ISD 13 is sponsoring a joint application with local governments to receive safety improvements in our area. They are requesting the City of Fridley support their application. Recommend the City Council adopt the attached resolution supporting the ISD 13 application for the Safe Routes to Schools Program. JHH; jb Attachments RESOLUTION N0.2006- A RESOLUTION SUPPORTING TSE INDEPENDENT SCHOOL DISTRICT N0.13 GRANT APPLICATION UNDER THE "SAFE ROUTE TO SCHOOL" PROGRAM. WHEREAS, The Minnesota Department of Transportation recently announced a new 100% federally funded grant program to improve school zone safety, and WHEREAS, the purpose of the Safe Routes to Schools Program focuses on improved safety for children that walk or ride bicycles to our schools, and WHEREAS, Independent School District No.l3 includes North Park Elementary School in Fridley, and WHEREAS, Independent School District No.13 is applying for a grant to study ways to improve safety around our schools. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, MN that the City of Fridley supports Independent School District No. 13 in its application for grant funding under the "Safe Routes to School Program." � ,,� ,. .. PASSED AND ADOPTED BY THE CITY COtJNCIL OF TSE CITY OF FRIDII�Y TSI3 26t'' DAY OF June, 2006. ATTESTED: DEBRA A. SKOGEN - CITY CLERK 23 SCOTT J. LUND Safe Routes to School Program � . � � � � � �w � � �;t , .- � � �; < Safe Routes to School Program Encouraging kids to walk and bike to school safefy Page 1 of 2 ,, . ,� �.,+� Home � About Mn/DOT � Doing Business ( � Getting Around � �� MnJDOT A to Z � Contact � Simple Search �, Advanced Search j Safe Routes to School Walk to School Week Kids WaIk�CDC Program Safe Routes to School Program Safe Routes to School is a new program in the federal transportation bill, SAFETEA —LU, designed to improve the conditions and quality of bicycling and walking to school. The goal of the program is to reverse the 30 year decline in the numbers of children walking to schoo� and reintroduce opportunities for regular physical activity. � Safe Routes to School Grant Applications now available. Click here for application & information At present fewer than 15% of children K-8 walk or bike to school and nearly 50% of school aged children are regularly driven to school by their parents. Coinciding with the declining numbers of children walking and biking to school is an increase in childhood obesity and Type II diabetes. Using a multidisciplinary approach Safe Routes programs works with schools, students, and parents, at a grass roots level, to identify improvements that will make biking and walking to and from school a routine part of Minnesota's students' experience. Add y,our name to Safe Routes Info Contact Us Frequently Asked Questions What is Minnesota's funding level? An estimated $8 million dollars has been authorized for Minnesota's Safe Routes to School program during the life of SAFETEA-LU. Now may the funds be used? The funds are available for a variety of projects including infrastn.�cture improvements, education, and enforcement that improve the safery of -; bicycfing and walking to and from school. 7he funding split is 70 percent for infrastructure, 10 percent for education and enforcement, and 20 percent that may be used in eithe� category. The program requires a full-time Safe Routes to School coordinator, funded from the infrastructure money. Monies in this program do not require a local match. How will the monies be made available? Safe Routes funds will be available through a competitive application process that is current(y under development. The application process will be administered through Mn/DOT's Central Office and the Safe Routes to School Coordinator. Who is eligible for the funds? The Safe Routes to School program is intended to fund Bieycie & Pedestrian Sa� Resources • FHWA Pedestrian Safe • Minnesota Crossw Law and Crosswal Safe Bicycle 8� Pedestrian {nformation • State Trail Maps (Department of Natural Resourc • Walking info orq Bicycle 8� Pedestria� La'- • Share the Road • Minnesota Pedest Laws • Pedestrian Law Histo Safe Routes Links • NHTSA Safe Rout • Safe Routes Info • FHWA Safetv Other Safe Routes Pragrams • Portland • Marin Count�Bicv Coalition • Walk Boston Other Resources • Minnesota Tra�c Safe (DepartmE of Public Safety) • Be Active Minnesc • Physical Activitv (Department of Health) • MnIDOT Safetv • SAFETEA-LU • Mn/DOT Mappina Tools 24 http://www.dot.state.mn.us/saferoutes/index.html 6/22/2006 Safe Routes to School Program Safe Routes to Schooi Program contact list Go to Top projects that improve biking and walking conditions for elementary and middle school children in grades K-8. To ensure that program is available to the broad spectrum of groups that represent K-8 students both public and nonprofit entities will able to submit applications. When wilt an application pracess beready? The application for the 2006 solicitation is now available (see above) What will be the role of other state agencies? A common trait among sucxessful Safe Route Programs around the country has been involving a wide range of partners. MN/DOT will work with extemal groups, including the Departments of Health, Education and Public Safety to identiiy opportunities that have the potential to add program flexibility, minimize the duplication of efforts, and � p�ovide additional resources. Which MNtDOT office is managing the Safe Routes program? The program is located in the Bicycle and Pedestrian Section in the Office of Transit and will be managed by Kristie Billiar. She can be contacted at 651.296.5269 or by email at kristi e. bil I iar@dot. state. mn. us. Go to Too Page 2 of 2 t� 2000-2405 Minnesota Department ofTransportatian A ta Z � Gettinq Araund � A6out MnlpOT � Daino Business � Contact MnlDOT � 395 John Ireland Boulevard • St. Paul, MN 55155-1899 News Room � 511 Traveler Service � Careers/Jobs � Links � Northstar � Phone: 8001657-3774 • 800i627-3529 {TTY, Voice, ASCtI) Govemor's Sit� � This site best viewed with 1024X768 or greater and with Netscape 4.7 ar Internet Explorer 4.5 or greaier. 25 http://www.dot.state.mn.us/saferoutes/index.html 6/22/2006 � � CfTY OF FRIDLEY AGENDA 1TEM COUNCIL MEETING OF JUNE 26, 2006 TO: WILLIAM W. BURNS, CITYMANAGER ,��' FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTIONPROVIDING FOR THE ISSUANCE OF THE CITY'S $2,505,000 GENERAL OBLIGATIONBONDS, SERIES 2006A DATE: June 21, 2006 Attached is the resolution provided to us by our Bond Counsel, Mary Ippel from the firm of Briggs & Morgan. The resolution is for the sale of $2,505,000 in General Obligation Improvement Bonds. As you will recall, these bonds are being issued to provide funds for the needed street irnprovements that. are part of the City's Street Reconstn.iction Program. - The debt service on these bonds is being provided by �he revenue generated through the general �evy�_ _� as we discussed in recent meetings with Council. As 'part of the process of issuing these bonds, the City of Fridiey is required to undergo a fairly -' rigorous financial review process conducted by Moody's Investor Service who acts as our band rating agency. The outcome of the review by Moody's Investor Services, was to downgrade our bond rating one step, to a Aa2 rating. At this time, we have not received the officiat analysis report from Moody's but we understand the downgrade was due to "pressured finances". It sounds as though this term has it basis in changing demographics of the city and the continuing use of fund balances. We will be able to provide more definitive information when we receive the report from Moody's. Since the bids are not due until Monday, June 26th, the information from the bidders will not be available until the evening of the Council Meeting. Should there be any questions, a representative from Ehlers will be present to review the results of the bidding process. RDP/me Attachment 1918359v1 26 RESOLUTION 2006 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,505,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City Council of the City of Fridley, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $2,505,000 General Obligation Improvement Bonds, Series 2006A (the "Bonds" or individually, a"Bond"), pursuant to Minnesota Statutes, Chapters 475 and 429 to finance various improvement projects within the City (the "Improvements"); and WHEREAS, the Improvements and all their components haue been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and WHEREAS, the City has retained Ehlers and Associates, Inc, in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and WHEREAS, the proposals set forth on E�ibit A attached hereto were received by the City Manager, or designee, at the offices of Ehlers, at 10:00 A.M. this same day pursuant to the Terms of Proposal established for the Bonds; and WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Minnesota, as follows: Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The City Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 1918359v1 2 Bond Terms. Title; Ori�inal Issue Date; Denominations; Maturities. The Bonds shall be dated July 25, 2006, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). Book Entry Onl�. s�. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee ofthe existing or a successor Depository, the "Nominee"). With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. 1918359v1 The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. 1918359v1 4 Termination of Book-Entry Onl�. s�. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an"Interest Payment Date"), commencing February 1, 2007, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturi . Year Interest Rate 2008 2009 2010 2011 2012 1918359v1 2013 2014 2015 2016 2017 Redemption. All Bonds maturing on February 1, 2014, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2013, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Bond Re�istrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1918359v1 6 � UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF FRIDLEY �� GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2006A Interest Rate Maturity Date Date of Ori�inal Issue CUSIP February 1, July 25, 2006 REGISTERED OWNER CEDE & CO. PRINCIPAL AMOUNT: The City of Fridley, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an"Interest Payment Date"), commencing February 1, 2007, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. 1918359v1 % Redemption. All Bonds ofthis issue (the "Bonds") maturing on February 1, 2014, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2013, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thiriy days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obli�ation. This Bond is one of an issue in the total principal amount of $2,505,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Home Rule Charter of the City and Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on June 26, 2006 (the "Resolution"), for the purpose of providing money to finance various improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2006A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchan�e; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. 1918359v1 g Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Re�istered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obli�ation. This Bond has been designated by the Issuer as a"qualified tax- exempt obligation" for purposes of Section 265(b)(3) ofthe Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, statutory or Home Rule Charter limitation of indebtedness. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF JUNE, 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 1918359v1 9 EXHIBIT A Proposals [to be supplied by Ehlers] 1918359v1 1 0 � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk June 16, 2006 Resolution Authorizing the Use of ES&S AutoMARI� Election Equipment In 2006 the Federal government passed the Help America Vote Act (HAVA) requiring the voting method in every polling place to include a voting system accessible for individuals with disabilities in a manner providing for the same opportunity for access, participation, and ability to vote privately and independently. As a result of this law a federal grant was made available to help with the capital purchase of this equipment. Under the Minnesota law that governs the implementation of the voting equipment, each municipality is required to have their governing body officially adopt the use of the equipment for each polling location. This is the first step to using this equipment. In addition, each municipality must have one AutoMARI� available for demonstration. In Minnesota, the Secretary of State identified and certified only one piece of equipment to meet the requirements of the federal law. The only equipment certified for this election is the ES&S AutoMARK. This equipment will be used only as a ballot marking device and will be used in conjunction with the Diebold Accu-Vote optical scan voting system currently used by the city. At this time we are asking the City council to adopt a resolution authorizing the use of the ES&S AutoMARK equipment in each polling location. RESOLUTION NO. 2006 - A RESOLUTION AUTHORIZING THE USE OF THE ES&S AutoMARK ELECTION EQUIPMENT 1N ALL PRECINCTS WHEREAS, the Federal government passed the Help America Vote Act in 2002 requiring the voting method in every polling place to include a voting system accessible for individuals with disabilities in a manner providing for the same opportunity for access, participation, and ability to vote privately and independently; and WHEREAS, only one voting system, the ES&S AutoMARK, has been identified and certified by the Minnesota Secretary of State's office to meet the requirements of the Help America Vote Act; and WHEREAS, the ES&S AutoMARK will be used as a ballot marking device only and will be used in conjunction with the existing Diebold Accu-Vote optical scan voting system; and WHEREAS, federal grant funds were available to cover the capital purchase of the AutoMARK and did not require additional funds in 2006. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Fridley hereby authorizes the use of the ES&S AutoMARK in each polling place for elections held held ;in the City of Fridley from this date forward. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF J UNE 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � AGENDA ITEM COUNCIL MEETING OF JUNE 26, 2006 CffY OF FRIDLEI' CLAIMS 127065 - 127245 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 LICENSES Type of License STREET VEND/NG Best Buy Ice Cream 6317 Welcome Av. N# 8 Brooklyn Park, MN 55429 TOBACCO SALES Fridley Dollar Store 6532 University Av. NE Fridley, MN 55432 TREE SERV/CE Allstate Tree Service 7510 Jackson St NE Fridley, MN 55432 � William Diggs Approved By: Public Safety Director Parks Director Nasir AI-Ali Public Safety Director Fire Inspector Community Development Donald Ley Public Works Director Prime Cut Tree Service Robert Pasaavag " " 756 Jackson St. St. Paul, MN 55117 � AGENDA ITEM CITY COUNCIL MEETING OF �°F J U N E 26 2006 FRIDLEI' 7 Contractor T e A licant A roved B Air Mechanical, Inc. Heatin Ross Erickson Ron Julkowski, CBO A-Plus Roofing Co. Roofing Arnie Odean Ron Julkowski, CBO Apparently Graphic Si n Erector Tim Blien Ron Julkowski, CBO Aspen Air Heatin Joel Rivard Ron Julkowski, CBO Bob's Heating/Air Heating Josh Hogoboom Ron Julkowski, CBO Bonfes Plumbing Heating, & Air Svc Heating/Gas Walter Bonfe Ron Julkowski, CBO BPS Construcrion Inc Commercial/S ecialt La Schatz Ron Julkowski, CBO Commercial Plumbing & Htg, Inc. Heatin /Gas Robert Skeie Ron Julkowski, CBO Egress & Glass Block Window Expert Masonry Kent Klescewski Ron Julkowski, CBO Freyinger River Rd Properties Pool Candice Leuierman Ron Julkowski, CBO Hilltop Trailer Sales Wrecking Richard Pearo Ron Julkowski, CBO Horwitz Inc Heatin /Gas Diane Simmon Ron Julkowski, CBO Market Mechanical Heating Mark Duffney Ron Julkowski, CBO Metro Handyman Inc. Roofing Bob Koelfgen Ron Julkowski, CBO Midland Ht & A/C Heatin Tom Snu erud Ron Julkowski, CBO Muska Electric Com an CommerciaUS ecialt Ga Nelson Ron Julkowski, CBO Nor-Ell, Inc. CommerciaUSpecialty Bob Norris Ron Julkowski, CBO Northern Heating & Air Condirioning Heating/Gas Lori Naffziger Ron Julkowski, CBO Riccar Heating Heatin /Gas Krista Buth Ron Julkowski, CBO Schadegg Mechanical Heatin Daniel Schade Ron Julkowski, CBO Sedgwick Heating & Air Condirioning Heating/Gas Thomas Sedgwick Ron Julkowski, CBO Sharp Heating & Air Conditioning Heating Kevin Hanson Ron Julkowski, CBO Stone Construction, Inc. Commercial/S ecialt Richard Stone Ron Julkowski, CBO Suburban Air Conditioning Heating Krisandra French Ron Julkowski, CBO � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 Ready for Certificate (Year 1, Quarter 2 properties) ProplD 1097 1109 1099 1100 1101 1107 1108 1111 1114 1125 1126 1119 1139 1140 1154 1145 1146 1147 1082 1155 1156 1498 1191 1573 1068 1205 1206 1207 1208 1209 1210 1211 1212 1213 1215 1216 1084 1578 1539 1537 1538 1515 1577 1218 1219 Property Address 5770 2 1/2 St. NE 5780-90 2 1/2 St. NE 5800 2'h St. NE 5810 2 1/2 St. NE 5820 2 1/2 St. NE 5980 2 1/2 St. NE 6060 2 1/2 St. NE 5761 2nd St. NE 5816 2nd St. NE 5936-38 2nd St. NE 5940-42 2nd St. NE 6061 2nd St. NE 5230 3rd St. NE 5231 3rd St. NE 5839-41 3rd St. NE 5900 3rd St. NE 5974 3rd St. NE 5980 3rd St. NE 6030 3rd St. NE 6051-55 3rd St. N E 6061-65 3rd St. N E 6073 3rd St. NE 276-78 58th Ave. NE 641 58th Ave. NE 700 58th Ave. NE 6303-05 5th St. NE 6311-29 5th St. NE 6337-39 5th St. NE 6347-65 5th St. NE 6401-03 5th St. NE 6409-27 5th St. NE 6431-33 5th St. NE 6437-55 5th St. NE 6459-61 5th St. NE 6465-83 5th St. NE 6487-89 5th St. NE 251 60th Ave NE 40 62 1 /2 Way 50-60 63 1/2 Way NE 70-80 63 1/2 Way NE 90-100 63 1/2 Way NE 1128 63rd Ave NE 281 67th Ave NE 1565-77 68th Ave. NE 1566-76 68th Ave. NE Units 11 2 3 4 3 4 3 3 2 1 2 4 11 11 1 4 4 4 1 3 3 3 1 0 1 2 16 2 16 2 16 2 16 2 16 2 1 1 2 2 2 1 1 6 6 Owner Allen Hoffer Jason & Melinda Kovich Trung Duong 5810 2 1/2 St, LLC Italo Urgiles Paul Schulz Robin & Mark Sibinski Marc Hoffmann Eugene Tomas Jerry McNurlin Robert Hosman Kris & Becky Kienzle Helena Bigos Helena Bigos Steven Stixrud Curt & Pamela Sorum Thomas & Nelia Schaff Thomas & Nelia Schaff Todd Henrikson Boniface & Jennifer Boniface & Jennifer Jerome Dold Betty Loewen Darlene M Dowling Thomas & Nelia Schaff Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Fridley Apartments Michelle Hovet Dan Smith Allen Hoffer Allen Hoffer Allen Hoffer Dan Peterson Altivest Realty, LLC Brent Rice Creek Townhouses Rice Creek Townhouses Inspection Dist Yr Qtr 9 9 9 9 9 9 9 9 9 9 9 9 18 18 9 9 9 9 9 9 9 9 9 13 13 10 10 10 10 10 10 10 10 10 10 10 9 8 8 8 8 10 66 7 7 2 2 2 2 2 2 2 2 2 2 2 2 1 1 2 2 2 2 2 2 2 2 2 1 3 3 3 3 3 3 3 3 3 3 3 3 2 1 3 3 3 3 2 4 4 �� r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I rI ��i r�I r�I r�I r�I r�I rI 6/22/2006 page 1 of 4 Ready for Certificate (Year 1, Quarter 2 properties) ProplD 1220 1221 1224 1225 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1247 1248 1255 1265 1271 1267 1268 1272 1534 1533 1529 1528 1273 1284 1285 1286 1287 1294 1295 1503 1566 1065 1067 1522 Property Address 1578-88 68th Ave. NE 1579-89 68th Ave. NE 1600-10 68th Ave. NE 1601-11 68th Ave. NE 1613-19 68th Ave. NE 1620-30 68th Ave. NE 1621-31 68th Ave. NE 1632-38 68th Ave. NE 1633-39 68th Ave. NE 1640-50 68th Ave. NE 1641-51 68th Ave. NE 1652-58 68th Ave. NE 1653-59 68th Ave. NE 1660-70 68th Ave. NE 1661-71 68th Ave. NE 1672-82 68th Ave. NE 1673-83 68th Ave. NE 1560-70 69th Ave. NE 1590-96 69th Ave. NE 1600-06 69th Ave. NE 5361-63 6th St. NE 5371-73 6th St. NE 1230-36 72nd Ave. NE 361 74th Ave. NE 380-82 74th Ave. NE 389 74th Ave. NE 415 74th Ave. NE 350 75th Ave. NE 450 75th Ave. NE 476 75th Ave. NE 19 77th Ave NE 21 77th Ave NE 106 77th Way N E 101 83rd Ave. NE 121 83rd Ave. NE 131 83rd Ave. NE 141 83rd Ave. NE 6400 Able St. NE 7301-03 Able St. NE 6215 Alden Way NE 7601 Arthur St. NE 6412 Ashton Ave NE 6434 Ashton Ave NE 6461 Ashton Ave NE Units 6 6 6 6 4 6 6 4 4 6 6 4 4 6 6 6 6 6 4 4 2 2 3 8 2 11 11 11 11 11 1 1 4 41 42 36 36 1 1 1 0 1 1 1 Owner Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Gary Wellner Gary Wellner Russell Beck Chowdhury Properties Thomas & Nelia Schaff Scott & Virginia Manning Wlliam A. Shaw Richard & Amy Doherty Roland Stinski Roland Stinski Allen Hoffer Allen Hoffer David & Jeannette Morisette University Avenue University Avenue University Avenue University Avenue Mike Kolodjski Khalid Mansour Samer Wadi Jeff Pappenfus RLC Properties,lnc. RLC Properties,lnc. RLC Properties, Inc. Inspection Dist Yr Qtr 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 15 15 7 3 3 3 3 3 3 3 2 2 2 1 1 1 1 10 3 8 4 8 8 8 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 1 1 4 2 2 2 2 2 2 2 1 1 1 4 4 4 4 3 2 3 2 3 3 3 f�►: r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I rI ^ � ��i r�I rI 6/22/2006 page 2 of 4 Ready for Certificate (Year 1, Quarter 2 properties) ProplD 1521 1495 1572 1319 1323 1324 1325 1326 1322 1328 1329 1049 1050 1051 1052 1486 1513 1520 1339 1340 1341 1342 1343 1344 1354 1355 1356 1357 1359 1080 1361 1362 1364 1058 1376 1388 1377 1381 1382 1390 1551 1383 1384 1385 Property Address 6473 Ashton Ave NE 7786 Beech St NE 6566 Brookview Dr 6534 Central Ave. NE 6542-48 Central Ave. NE 6600-04 Central Ave. NE 7150-56 Central Ave. NE 7170-76 Central Ave. NE 7190 Central Ave. NE 6501 Channel Rd NE 6531 Channel Rd NE 101 Charles St NE 140-42 Charles St NE 179 Charles St NE 180 Charles St NE 6190-92 East River Rd. 6210-20 East River Rd. 6437 East River Rd. 7673 East River Rd. 7805 East River Rd. 7825 East River Rd. 7845 East River Rd. 7875 East River Rd. 7895 East River Rd. 7857-61 Firwood Way 7865-69 Firwood Way 7879-81 Firwood Way 7883-85 Firwood Way 7893-97 Firwood Way 1465 Gardena Ave NE 5100-08 Horizon Dr. NE 5101-09 Horizon Dr. NE 6370-80 Hwy 65 NE 6330 Jefferson St NE 7400 Lyric Ln. NE 4020-22 Main St. NE 4030 Main St. NE 5835-37 Main St. NE 5961 Main St. NE 5981-83 Main St. NE 6007 Main St. NE 6011 Main St. NE 6019 Main St. NE 6021 Main St. NE Units 1 1 0 4 4 2 4 4 3 4 4 12 2 12 12 2 2 1 4 60 60 60 60 60 2 2 2 2 1 1 5 5 16 1 8 1 3 2 1 2 1 4 4 4 Owner RLC Properties, Inc. Humberto Martinez-Suarez Peter Vagovich Roger & Faye Femrite Roger & Faye Femrite James Travers Michael Brown Ronald & Mary Burg Kevin A. Auge Jack & Karen Kozer Jack & Karen Kozer Nathan Schwartz Shane Nazar Nathan Schwartz Nathan Schwartz Bob & Frankie Fetrow Wayne G. Confair RLC Properties, Inc. David & Jeannette Morisette River Pointe LTD River Pointe LTD River Pointe LTD River Pointe LTD River Pointe LTD John Schudi Jason & Melinda Kovich Ted Rainess Thomas & Nelia Schaff Clarence J. Fischer Bashir Moghul Helena Bigos Helena Bigos Samir Abumayyaleh Neal Dasrath Wlliam A. Shaw Evelyn Cornelius Christopher Kruger Paul Slesar Rhett Trotter Allen Hoffer Nandram Oomrow David Davis Joseph & Heather Terry Joseph & Heather Terry Inspection Dist Yr Qtr 8 2 66 7 7 7 7 7 7 7 7 8 8 8 8 8 8 8 2 2 2 2 2 2 2 2 2 2 2 11 18 18 10 10 3 18 17 9 9 9 9 9 9 9 3 1 4 4 4 4 4 4 4 4 4 3 3 3 3 3 3 3 1 1 1 1 1 1 1 1 1 1 1 4 1 1 3 3 2 1 1 2 2 2 2 2 2 2 f�►: rI ��i r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I rI ��i r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I rI 6/22/2006 page 3 of 4 Ready for Certificate (Year 1, Quarter 2 properties) ProplD 1386 1074 1549 1060 1514 1394 1395 1076 1564 1427 1492 1439 1083 1519 1455 1442 1444 1472 1457 1458 1445 1462 1459 1463 1419 Property Address 6035 Main St. NE 100-110 Miss PI. NE 117 Miss PI. NE 120 Miss PI. NE 157 Miss PI. NE 160 Miss PI. NE 460 Miss St NE 840 Miss St NE 1515 Mississippi 91 Osborne Rd. NE 155 Rickard Rd NE 6471-77 Riverview Terr 6291 Riverview Terrace 6472 Riverview Terrace 6100-02 Star Ln. NE 6110-14 Star Ln. NE 6160-64 Star Ln. NE 6170 Starlite Blvd 6412 Starlite Circle NE 6420 Starlite Circle NE 6421-23 Starlite Circle NE 6422 Starlite Circle NE 6430 Starlite Circle NE 6432 Starlite Circle NE 6210 Trinity Dr NE Units 4 2 4 4 4 4 103 1 0 1 1 3 1 1 2 1 2 1 1 1 2 1 1 1 1 Owner Thomas & Nelia Schaff Bruce Westman Mutombo J. Muvundamina Mutumbo & Muswamba Floyd Nelson Chris Zelevarov Fridley Apartments Ted & Kari Ciardelli Ralph Killings Ken Suddard-Bangsund Dan & Deb Saplis Chris Zelevarov Ray Ellis Harry Narine Tim & Liz Dold Tom & Janet Dold Jeffrey Harris Mohamed Nor Gary Wellner Dan or Tracee Bauer Gary Wellner Steve & Barb Zawadski Dan or Tracee Bauer Steve & Barb Zawadski Carlson Bryce Inspection Dist Yr Qtr 9 8 8 8 8 8 10 10 7 2 2 8 8 8 9 9 9 9 9 9 9 9 9 9 9 2 3 3 3 3 3 3 3 4 1 1 3 3 3 2 2 2 2 2 2 2 2 2 2 2 f�►: r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I r�I rI 6/22/2006 � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 ESTI MATES Shank Constructors 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Water Treatment Plant Upgrade EstimateNo. 1 ..................................................... $ 44,701.00 � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 Date: June 21, 2006 To From: Subj ect: William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Public Hearing to Revisit Special Use Permit #73-OS for Sinclair Fridley, generally located at 6071 University Avenue NE Background In 1973, the Fridley City Council approved Special Use Permit, SP#73-05, to lease vehicles for hauling at the property generally located at 6071 University Avenue NE. This is the business location of Sinclair Fridley. The permit to operate vehicle leasing in addition to light car repair expired after one year and was not renewed by the former owners. However, the light car repair and gas sales continued to operate. Until July 2005 the business operated primarily as a gas station and secondarily as a light-duty car repair shop when it changed hands. The new owners operated the site primarily as a light duty car repair shop. In December of 2005, staff followed up on citizen concerns about the use of the site. Upon inspection, staff found improper parking, among other code violations. Staff recorded the findings in a letter sent to the business owner and met with the business owner on site and discussed corrections. Staff proposed remediation at the site by applying property maintenance requirements similar to those applied at another gas station/light duty car repair business in Fridley. The business owner was given 30 days to correct the violations, after which time staff would re-inspect. Upon re- inspection, staff noticed a few continuing problems and wrote the business owner a letter requesting remedy within 5 days. After that time, any violation would cause staff to bring forth the SUP before City Council for review. Once violations were continued to be observed, staff sent the business owner a letter and requested the owner's presence at the June 26, 2006 City Council meeting. The following table of standards are taken from like SUP's and staff recommends as standards for this site as well. Based on these suggested standards, the following is the list of notations regarding this site owner's progress (or lack thereo fl towards compliance in these areas. Sti ulation Com lete Vehicles shall not park closer than 15 feet to the propane tank, in any direction. March 6 Vehicles leaking fluid shall not be stored outside without a device to prevent fluids from running March 6 off-site. In accordance with G2 zoning requirements, no heavy duty car repairs shall be performed on-site. March 6 Heavy duty car repairs include, but are not limited to, repairs on transmissions, engines, drive sha and front ends. Alterations to the site shall comply with the International Building Code (IBC) and International March 6 Fire Code (IFC). The signage shall comply with Chapter 214 of the City Code. March 6 Apply for any necessary County and State licenses. This includes, but is not limited to, the Oil March 6 Change -- Hazardous Waste License from Anoka County. Vehicles parking stalls shall be striped after the first 40 degree F day of spring 2006. Not Complete No items shall be visible from the public right-of-way. The used tires, dumpster and the waste oil Fence is not Complete tank shall be stored within a screened area. Vehicles shall not be stored for more than 48 hours on-site. Reoccurrence The drive aisles shall be kept clear. Reoccurrence Vehicles shall ark in stalls that are stri ed and desi nated for arkin . Reoccurrence Recommendation The business owner has complied with about half of the recommendations that staff requested. Staff recommends that the City Council hold the public hearing and take comment. Staff will prepare a revised set of stipulations that match the matrix list above prior to July 10, 2006. These stipulations will be set for Council review and approval at that meeting. M-06-72 � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 Date: June 7, 2006 To: From: Subj ect: William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Public Hearing to Consider Revocation of Special Use Permit #03-14 for Central Auto Parts, generally located at 1201-73 '/2 Avenue NE Background On August 25, 2003, the Fridley City Council approved Special Use Permit, SP#03-14, to operate a salvage yard at property generally located at 1201 — 73 '/2 Avenue NE. This is the business location of Central Auto Parts. SP #03-14 was designed to replace two previously issued special use permits to operate a salvage yard at this location. In response to a plea from the properiy owner's legal counsel for more time to bring the properiy into compliance at the 2003 public hearing, the City Council approved a five-year timetable for completing new stipulations for the 2003 SUP. We are now entering year four of that timetable, and, to date, none of those improvements has been made. Staff conducted an inspection of the site on April 11, 2006. Following is a table of all of the stipulations related to the current SUP and the progress made. Sti ulation Com lete? 1. Prepare survey and finished site plan, including hard-surface parking/storage area with curb and gutter, No landscape plans, grading and drainage plans (due March 2004) 2. Obtain City and Watershed approvals of design; install landscaping, irrigarion, and fence repairs (due No March 2005) 3. Complete first phase of grading, storm sewer piping, and storm water detenrion pond (due March 2006) No 4. Complete first phase of installation of curb/gutters and paving (due March 2007) No 5. Complete final phase of curb/gutters and paving (due March 2008) No 6. Building shall be metal with brick veneer 7. No cars piled higher than the fence No 8. No inoperable cars shall be parked or stored outside the fence No 9. Driveways or limited access shall be authorized on 73 '/z Avenue. The three access points tl�at currently OK exist are permitted. No addirional access to 73�d shall be permitted. 10. Solid screening fence shall be placed completely around properiy and fence sl�all be improved by being No painted or constructed of an acceptable color-fast material and shall be uniform in size. 11. Addirional landscaping shall be placed along the screening fence on 73 '/2 Avenue. An overall Repaired irrigation & site/landscape plan shall be submitted by the property owner and approved by staff in accordance with the replaced some dead requirements in #1 above. trees, but no new landsca e lan 12. Concrete driveways shall ea�tend a minimum of 10' beyond the screening fence into properiy from the No street Recommendation It is clear in this case that the property owner and business owner have completely disregarded the stipulations placed on their special use permit. Staff recommends that the City Council move to revoke SP#03-14 at the June 26 Council meeting, following the public hearing scheduled for June 12. Due to the volume of automotive materials at this business, staff recommends that the City Council provide detailed direction to the property owner as to how the site must be cleared of the non-permitted activity within 90 days of Council action. These requirements should include at minimum: 1. Remove all business signage within 15 days of Council action 2. Removal of all full and partial automobiles as well as parts outside of the building 3. Removal of all automotive fluids from the premises 4. Removal and sweeping of soil from the paved surfaces at each entrance to the site 5. Removal of all fence sections and posts 6. Removal of any equipment or racking 7. Removal of all material and litter in the public right of way on 73 '/2 Avenue around the site 8. All disturbed soil must be graded and landscaped (lay sod or seed) to assure soil is stabilized to resist wind and water erosion. M-06-71 RICHARD A. MERRILL DARRELL A. JENSEN JEFFRPY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON THOMASP.MALONE MICHAEL F. HURLEY HERMAN L. TALLE CHARLES M. SEYKORA DANIEL D. GANTER, JR. BEVERLY K. DODGE JAMES D. HOEFI' JOAN M. QUADE )OHN T. BUCHMAN SCOTT M. LEPAK STEVEN G. THORSON ELIZABETH A. SCHADING June 21, 2006 ��# ��..,� _ \ -.._. _ , �, � _ �,. , Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (763) 780-8500 FAX (763) ?80-1777 1-800-422-3486 www.bgslaw.com Writer's Direct Line: (763) 783-5134 Internet E-Mail Address: tmalone@bgs.com City Council c/o City Manager City of Fridley City of Ha11 6431 University Avenue NE Fridley, MN 55432 �� Central Auto Parts/City of Fridley Our File No. 57529-001 WILLIAM F. HUEFNER BRADLEY A.KLETSCHER DOUGLASJ.DEHN KRISTI R. RILEY WILLIAM D. SIEGEL TIMOTHY D. ERB KAREN K. KURTH ANGELA M. SAMEC ELIZABE7H M. STUVA LAURA R. GURNEY SEAN D. WHITLOCK SUSAN E. SHEELY Redred ROBERT A. GUZY s�,4xn �. s�� 1931-2002 Dear City Council members: I am writing to request a continuance of the Central Auto Parts matter from June 26, 2006 to a later date. When I appeared before the City Council on June 12, 2006, I was totally unaware that I had a matter scheduled for the evening of June 26, 2006 which I cannot reschedule. It is for that reason that I respectfully request a continuance. I am appreciative of your professional courtesy and thank you for your cooperation. Respectfully, BARNA, GUZY & STEFFEN, LTD. �� ^ . Thomas P. Malo� TPM:nh � (Dictated but not read.) cc: Client Frederic W. Knaak, Esq. 50 Fstablished 1938-An EOE/AA Employer � � G7TY OF FRIdLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2006 William W. Burns, City Manager�� John Berg, Fire Chief June 20, 2006 Continued Public Hearing, Suspension / Revocation Rental Property License A public hearing was held on June 12, 2006, and continued to June 26, 2006, for the purpose of taking testimony and receiving evidence pertaining to the suspension or revocation of the rentallicenses issued to Hyder R. Jaweed for Sunshine Management. Staff requested the public hearing due to the increasing number and severity of housing code complaints and issues occurring at 191 Island Park Dr., 190 Island Park Dr., 6551 Channel Rd, and 6571 Channel Rd. In addition to non-compliance with correction orders, Sunshine Management has failed to obtain proper permits for pluxnbing and electrical work; and has a balance due to the City for $9,358 in utility and inspection fees as of May 22, 2006. Due to the number of outstanding housing violations, the amount of the fees due to the City, '-. =- and Sunshine Managements unwillingness to cooperate, the Fire Department Staff is recommending revocation of licenses for the four properties owned by Sunshine Management in the interest of protecting the occupants of these properties and the citizens of Fridley as described in Chapter 220, the Rental Housing Section of the City Code. To the best of my knowledge, all interested parties, including Sunshine Management and the occupants of the four properties, were notified 20 days prior to the Public Hearing held on June 12, 2006, as specified by City Code. During the June 12, 2006, public hearing, the City Council requested copies of correction orders from previous inspections and correction orders for the properties located at 6551 Channel Road and 6571 Channel Road. Inspections of the properties on Channel Road were conducted on June 19, 2006. A generic list of conections, not specifying the specific property address for the purpose of data privacy, is shown in Attachments A and B. 51 Attachment A Correction Orders Issued After Initial Inspection December 13, 2005 Island Park Outstandinq corrections: 1. Accessory Building-repair door on shed —lock to secure 2. Garbage area-Repair dumpster enclosure-not enclosed on all 4 sides 3. Bike stored in hallway 4. Laundry Room-1St floor-replace missing globe fixture 5. 2nd floor-repair leaking faucet and dryer duct (need to use dryer vent tape, not duct tape) 6. Doors stored in laundry 7. Common Hallways-repair hole in wall under South stairway first floor 8. Broken window 3rd floor landing-North side 9. Repair windows in bedroom #2 to hang properly and lock 10. Replace floor baseboards in bedrooms #1 and #2 11. Replace cracked window in bedroom #2 12. Repair damaged gas shut-off to stove 13. Replace handles to stove 14. Re-hang closet doors in bedroom #1 15. Repair hole behind door in bedroom #1 16. Repair door and replace missing door handle in bedroom #2 17. Re-hang closet doors in bedroom #2 18. Install shower head, trim cover for shower handles and lever for shower drain 19. Repair locks on all windows 20. Install gas shut-off to stove within three feet 21. Repair water leak under kitchen sink (Licensed Plumbing Contractor must pull the plumbing permit, to inspect, repair and certify the source of the water damage has been corrected). (Dave Jensen 763-572-3603, Building Inspector) (new PVC covered with plastic baggie )NO PERMIT 22. Repair water damaged drywall in bathroom around shower head 23. Replace missing strike plate-entry, adjust to self close and latch 24. Repair water damage ceiling in bathroom (Licensed Plumbing Contractor must pull the plumbing permit, to inspect, repair, and certify the source of the water damage has been corrected). (Dave Jensen 763-572-3603, Building Inspector) NO PERMIT 25. Repair leaking bathtub faucet 26. Repair damaged wall in bedroom closet-need to patch with drywall covered with plywood 27. Repair water damage ceiling above shower (Licensed Plumbing Contractor must pull the plumbing permit, to inspect, repair, and certify the source of the water damage has been corrected). (Dave Jensen 763-572-3603, Building Inspector) NO PERMIT 28. Cap unused gas line to stove 29. Install shut-off handle for hot water to sink 30. Repair entry doorframe to fit secure. Island Park - Attachment A Page 2 31. Adjust entry door and self close and latch 32. Replace missing and damaged cupboard in front kitchen 33. Install gas shutoff three feet from stove 34. Repair water damaged floor in dining room (mushy floor) 35. Adjust entry door to self close and latch 36. Replace missing cover on thermostat 37. Repair water damage ceiling furnace room 38. SMOKE DETECTOR (no power) 48 hours repair-DECEMBER 21, 2005 39. Replace missing switch covers and outlet covers throughout apartment 40. Repair hole behind entry door 41. Replace missing switch plates and outlet covers throughout apartment 42. Entry door handle single motion 43. Repair damaged ceiling in furnace closet 44. Secure showerhead and trim cover 45. Remove extra strike plate bedroom #2 and repair as needed 46. Re-hang closet doors 47. Replace outlet and switch plate covers throughout apartment 48. Repair tub faucet-hardware removed 49. Patch hole in bathroom door-door removed 50. Install gas shut off 3 feet from stove 51. Repair water damaged flooring (structural-damage) behind shower- requires Building Permit Residential Building Licensed Contractor must pull the building permit, to inspect, repair, and certify the source of the structural floor damage has been corrected). (Dave Jensen 763-572-3603, Building Inspector) also requires a Licensed Plumbing Contractor to pull the plumbing permit, to inspect, repair and certify the source of the water damage behind the shower has been corrected). (Dave Jensen 763-572-3603, Building Inspector) NO PERMIT 52. Repair Stucco front of building 53. (Investigate and repair cause of all water damage) Plumbing permits must be pulled by Licensed Plumbing Contractor. NO PERMIT 54. Lights out in hallway 1St floor NORTH, 2nd/3rd flOOr NORTH/SOUTH 55. Repair/replace chirping smoke detector in south side unit 56. Fire extinguisher needs to be recharged and new glass still broken glass in cabinet 57. Replace missing light globes in hallway 58. 2nd Floor-Recharge/Replace extinguisher and replace glass 59. 3rd Floor-Patch hole behind fire door. Adjust fire door to self close and latch 60. Adjust entry door to self close and latch 61. Unit #1 find the source of the water entering the ceiling above the kitchen where it meets the living area and correct the problem NO PERMIT 62. Patch hole in entry closet door 63. Investigate, repair, and certify water damage bathroom wall and ceiling (Licensed Plumbing Contractor must pull the plumbing permit, to inspect, repair, and certify the source of the water damage has been corrected). (Dave Jensen 763-572- 3603, Building Inspector) NO PERMIT 64. Repair water damage-bedroom 65. Patch hole in bedroom door 66. Adjust entry door to self close and latch Island Park - Attachment A Page 3 67. Repair water damaged ceiling in bathroom (Licensed Plumbing Contractor must pull the plumbing permit, to inspect, repair, and certify the source of the water damage has been corrected). (Dave Jensen 763-572-3603, Building Inspector) NO PERMIT 68 69 70 71 72 73 74 75 76 77 . :� . : . :� . :. : :. :• .� Re-hang closet doors in bedroom Adjust entry door to self close and latch Replace ceiling in entry closet Repair water damaged walls and ceiling in furnace closet Licensed Heating Contractor must pull heating permit, inspect, repair, and certify the furnace. (Dave Jensen 763-572-3603, Building Inspector) NO PERMIT Investigate, repair, and certify cause of water problem in bathroom (Licensed Plumbing Contractor must pull the plumbing permit, to inspect, repair, and certify the source of the water damage has been corrected. (Dave Jensen 763-572- 3603, Building Inspector) Repair window in bedroom to open properly Adjust entry door to self close and latch Replace handle for gas shut off to stove Water damage-3 foot square hole in shower (Licensed Plumbing Contractor must pull the plumbing permit, to inspect, repair, and certify the source of the water damage has been corrected. (Dave Jensen 763-572-3603, Building Inspector) NO PERMIT Water damage ceiling and walls Repair or Replace stove/oven flames coming out of it Repair window in BR #2 to close properly Replace battery in smoke detector Repair entry door closer Replace entry strike plate Replace handle for gas shut-off to stove. Repair right stove tops to ignite properly Re-hang closet doors properly in bedroom Properly secure access panel behind bath sink Repair water damage to ceiling in bathroom Adjust entry door to self-close and latch Replace missing strike plate 91. Repair molding entry door 92. Replace stove or all knobs and repair as needed 93. Repair entry door to self-close and latch 94. Repair right rear stove to ignite 95. Replace switch plate-bedroom 96. Patch hole in bedroom door 97. Replace switch plates and light globes in bedroom 98. Replace smoke detector-48 hour 99. Adjust entry door to self-close and latch 100. Repair furnace to function (using oven to heat apt) "48 Hour" (requires mechanical/heating/gas services permit from Inspection Dept and must be pulled and repaired and certified by Licensed Contractor) NO PERMIT 101. Replace missing window screens 102. Install insulation to surround a/c unit 103. Repair Lt stove-top rear Island Park - Attachment A 104. Repair hole in bathroom door 105. Re-hang towel bar in shower 106. Replace and repair bedroom #1 door and handle 107. Replace missing outlet covers in bedroom #1 108. Repair outlet bedroom @1 109. Replace batteries and repair smoke detector in living room and bedrooms 110. Adjust entry door to self close & latch 111. Replace missing drain stop lever-tub 112. Repair/replace entry door and frame 113. Adjust entry door to self-close and latch 114. Replace missing switch plate cover throughout 115. Replace missing light globes and fixtures 116. Repair missing ring-cold water handle-shower 117. Replace drain stopper bathroom sinks 118. Repair phone box in bedroom-no use of duct tape 119. Patch hole in closet door in bedroom 120. Patch holes in walls, living room and wall behind entry door 121. Repair or replace air conditioning unit Corrected Items: 1. Lockbox -front entrance-need key for the utility room 2. Utility Room-remove all combustible storage 3. Utility room-remove all combustible storage 4. Fire Alarm Panel-serviced 09/05 5. Alarm Serviced-Yes 6. Fire Extinguishers-serviced 09/05 7. Doors-remove accessory thumb lock from rear door 8. Secure door to area under stairway-remove all storage 9. replace missing light globes in hallway 10. Adjust entry door to self-close and latch 11. Install shut-off within 3 feet of stove Page 4 12. Repair left front burner on stove top 13. Replace drain stopper for both sinks 14. Replace missing light glove in bedroom #2 15. Repair strike plate for door in bedroom #1 16. Replace rotten baseboard framing/Clean and repaint sheetrock in the closet due to water damage 17. Repair first floor water leak in laundry room 18. Replace missing strike plate-entry door 19. Repair water damaged ceiling in living room (Licensed Plumbing Contractor must pull the plumbing permit, to inspect, repair, and certify the source of the water damage has been corrected). (Dave Jensen 763-572-3603, Building Inspector) 20. Replace access panel under bathroom sink 21. Repair water damage above furnace area 22. Install GFCI outlets in both kitchen and bathroom (Licensed Electrical Contractor must pull an electrical permit to install GFCI outlets and certify work has been completed). (Dave Jensen 763-572-3603, Building Inspector) NO PERMIT 23. Replace number on entry door Island Park - Attachment A 24. Adjust entry door to self close and latch 25. Remove all storage from furnace closet 26. Repair cupboard flooring under kitchen sink 27. Repair kitchen light and repair light switch (missing) 28. Repair damaged wall at electrical outlet in dining room 29. Replace missing stove handle 30. Replace missing drain stopper in bathroom sink 31. Repair damaged ceiling in bathroom 32. Repair hole behind door in bedroom #2 33. Remove switch lock on bedroom #2 (locks from outside) 34. Patch hole in living room wall 35. Remove all storage from furnace closet 36. Replace damaged caulking around tub 37. Remove tape from exhaust fan 38. Re-hang closet doors in bedroom 39. Hang new smoke detector 40. Adjust entry door to self close and latch 41. Secure door handle-entry door 42. Remove all storage from furnace closet 43. Re-hang towel bar in bathroom 44. Repair light fixture (globe) in bathroom 45. Replace missing drain stoppers for tub and bathroom sink 46. Install regular hand turn door know in bedroom #1 47. Adjust entry door to self close and latch 48. Remove all storage from furnace closet 49. Repair bathroom fan to function as designed 50. Adjust entry door to self close and latch 51. Replace access panel in furnace closet 52. Cap unused gas line in kitchen 53. Replace kitchen faucet and repair leak 54. Re-hang bedroom door 55. Cap or install appropriate box for cable/phone in bedroom 56. Replace broken window glass in bedroom 57. Laundry Room-Remove cement from tub 58. Utility Room-Secure door, install strike plate, remove combustible storage 59. Common Hallways-Secure railing rear between 1 st and 2nd 60. Exits-Repair rear entry door to fit into frame 61. Doors-Secure door under stairway, patch hole, remove all storage 62. Repair broken hand rail-front entrance 63. Furnace room door does not close automatically-NO STRIKE PLATE Page 5 64. Remove BBQ grill from furnace closet 65. Repair ceiling to industry standard-WATER STILL LEAKING/WALL NOT SANDED (Licensed Plumbing Contractor must pull permit for this repair) 66. Repair shower head cover to stay in place 67. Repair walls to industry standards 68. North entry landing floor soft, repair to industry standard 69. Major damage in bathroom (see # 3) 70. Stains still showing and the wall must be painted to complete correction order 71. Replace missing oven knobs (stove removed to remodel) Island Park - Attachment A 72. Re-hang towel bar in bathroom 73. Remove storage in furnace closet 74. Replace handle for gas shutoff to furnace 75. Install shower rod 76. Remove storage from furnace closet (tenant moved out) 77. Replace door handle for entry closet 78. Remove all storage from furnace closet (tenant moved out) 79. Install Smoke Detector RL 12/21 80. Replace door number 81. Patch hole bedroom wall 82. Replace missing out covers in bedroom 83. Remove all storage from furnace closet 84. Replace missing switch plate covers throughout apartment 85. Replace missing stove knobs Page 6 Channel Road Outstandinq corrections: Fence repair or replacement Corrected Items: Attachment B 1. Repair fire door on lower level 2. Remove Lawn Mower from building (must be out of the building completely) or empty gas from lawn mower* 3. Toilet not flushing properly 4. Water backing up in bathtub 5. While running bathtub hot water to see draining action toilet starts to have air bubbles in the bowl 6. Flush water heater of sediment ** is going to have re-done and fax paperwork to RPID 7. Repair bathroom ceiling to industry standard 8. Outlet in hallway/living room ares when plugging something into it. Note: The Channel Road inspections were based on complaints from tenants and are not the result of a routine inspection. Outstandinq corrections from 6/19/06 inspection: There are a total of 98 correction items listed in 20 units inspected and all common areas. Two units were not inspected because the owner/representative did not have keys. A summary of the corrections is as follows: 1. Paint exterior were paint is peeling/missing 2. Provide a trash receptacle in laundry room 3. Remove excessive lint accumulation near dryers 4. Remove combustible storage in furnace room 5. Remove grill from under stairway 6. Secure areas under stairs 7. Repair hole in stairs 8. Provide handles on electrical panels 9. Provide electrical outlets in bathrooms (vanities with built in outlets were removed) 10. Secure shower head 11. Repair door trim 12. Replace broken light globe 13. Replace cracked mirror 14. Remove/replace damaged seal around bathtub spigot 15. Remove outlet extender in kitchen fi[:��iia7iT•7CaIT •• 17. Replace missing window screen 18. Provide missing closet doors 19. Remove cable from floor (trip hazard) 20. Install strike plate on door frame 21. Replace water damaged wood under sink Channel Road - Attachment B 22. Replace missing thermostat cover 23. Re-hang towel rack 24. Repair damaged dry wall 25. Remove objects hanging from electrical panel 26. Remove aluminum foil from range tops 27. Repair water damaged widow wells and sills 28. Adjust entry door to self close and latch 29. Finish plumbing work started in kitchen. No permit 30. Secure covers for baseboard heat 31. Provide running water to tub. Plumbing permit required 32. Provide keys for fire dept. lock box 33. Install outlet cover 34. Grade property to provide proper drainage 35. Secure hand rail 36. Repair or replace damaged range hood 37. Clear window well to provide proper egress 38. Remove exterior lock on bedroom door 39. Secure plumbing access panel 40. Remove extension cord Page 2 � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF J U N E 26, 2006 William W. Burns, City Manager John Berg, Fire Chief June 20, 2006 Resolutions Revoking Rental Licenses to Sunshine Management at 191 Island Park Drive, 190 Island Park Drive, 6551 Channel Road and 6571 Channel Road A public hearing was held on June 12, 2006 and continued to June 26, 2006 to take public testimony on the possibility of the suspension or revocation of the rental housing license for the properties located at 190 and 191 Island Park Drive and 6551 and 6571 Channel Road. Based on the results of the hearing staff has a separate resolution for each property to allow the City Council to determine which, if any of the properties they would chose to suspend or revoke. Staff recommends the city council discuss and determine what action to take on the following four resolutions: 1. A RESOLUTION REVOKING THE RENTAL HOUSING LICENSE FOR THE PROPERTY LOCATED AT 190 ISLAND PARK DRIVE, FRIDLEY, MINNESOTA; 2. A RESOLUTION REVOKING THE RENTAL HOUSING LICENSE FOR THE PROPERTY LOCATED AT 191 ISLAND PARK DRIVE, FRIDLEY, MINNESOTA; 3. A RESOLUTION REVOKING THE RENTAL HOUSING LICENSE FOR THE PROPERTY LOCATED AT 6551 CHANNEL ROAD, FRIDLEY, MINNESOTA; 4. A RESOLUTION REVOKING THE RENTAL HOUSING LICENSE FOR THE PROPERTY LOCATED AT 6571 CHANNEL ROAD, FRIDLEY, MINNESOTA RESOLUTION NO. 2006- A RESOLUTION REVOKING RENTAL HOUSING LICENSE FOR THE PROPERTY LOCATED AT 190 ISLAND PARK DRIVE, FRIDLEY, MINNESOTA WHEREAS, Ordinance No. 213, adopted June 18, 1962, established the maintenance and licensing requirements of multiple dwellings; and WHEREAS Ordinance No. 213 has been amended and repealed several times with the most current Chapter 220 being in effect since July 11, 1994; and WHEREAS, Chapter 220, Section 8, states that no owner, operator, or occupant of any dwelling unit shall allow the accumulation or formation of dirt, filth, refuse or rodent harborages on the premises that could create a health hazard to the dwelling occupants or the general public; shall allow the formation of any nuisances in or about the premises and shall conform to the conduct described in Chapter 220, Section 14; and WHEREAS, Chapter 220, Section 9, states that no owner, operator or occupant shall cause any service, utility, facility or equipment required under Chapter 220 to be removed from or shut off from any occupied dwelling or dwelling unit, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process or during temporary emergencies; and WHEREAS, Chapter 220, Section 10 defines the minimum standards for multiple dwelling units; Section 11 defines hazards, and Section 12 defines fire safety; and WHEREAS, Fridley City Code Chapter 220, Section 13, requires that no person shall operate, let or cause to be let, a rental dwelling unit without first having obtained a license to do so from the City of Fridley; and WHEREAS, Fridley City Code Chapter 220, Section 13, requires that upon receipt of an application for a license, the Compliance Official and/or his designee may cause an inspection of the premises to determine whether the structure is in compliance with the City Code, other City ordinances and the laws of the State of Minnesota; and WHEREAS Chapter 220, Section 15, states that whenever the city determines that any dwelling or dwelling unit fails to meet the provisions of Sections 220.07 through 220.12, the city may issue a compliance order setting for the violations and ordering the owner, agent, operator or occupant to correct such violation; and WHEREAS, each violation shall be in writing, describe the location and nature of the violation, specify a reasonable time in which violations must be corrected and served on the licensee; and WHEREAS, Chapter 220, Section 21 states that anyone securing interest in the dwelling or dwelling unit that has received a violation tag or compliance order shall be bound by the same without further service of notice and shall be liable to all penalties and procedures. WHEREAS, it has been the practice of the city to complete an inspection when a complaint is made; and Resolution No. 2006- Page 2 WHEREAS the City received a complaint which caused an inspection to occur in dwelling unit 2 on October 28, 2005, resulting in five correction orders to the dwelling unit; and WHEREAS, when the City reinspected dwelling unit 2 on December 13, 2005, staff found 3 of the 5 correction orders unresolved, thereby requiring a full inspection of the property, with the exception of dwelling unit 7; resulting in approximately 78 correction orders; and WHEREAS, on December 21, 2005, an initial inspection of dwelling unit 7 was made with eight correction notices with the first follow-up inspection completed on February 7, 2006; with only one correction order to provide smoke detectors being completed; and WHEREAS, the first follow-up on the full inspection of the property, with the exception of unit 7, was completed on January 30, 2006; with the 2"d follow-up inspection of all units completed on March 8, 2006, showing that the building was still not in compliance with most of the correction orders; and WHEREAS, on May 22, 2006, a letter was mailed to the property owner Mr. Hyder Jaweed to his home in North Oaks, Minnesota, notifying him of all open correction orders, of a final inspection to be held on June 9, 2006, and of the notice of public hearing on the possible suspension and/or revocation of the rental housing license, with notices of the public hearing being mailed to all tenants of the building and posted in the building as required by Section 220.13.9A; and WHEREAS, on June 1, 2006, the property was sold and all inspection fees and utility fees due were paid to the city; and WHEREAS, although the property may have been sold, all correction notices are still open and now the responsibility of the new property owner; and WHEREAS, on June 12, 2006, the Fridley City Council held a public hearing to consider the recommendation to revoke the rental license and took testimony from city staff and other interested parties and voted to continue the public hearing to June 26, 2006; WHEREAS, on June 22, 2006, an inspection of the property was being completed on the 48 additional outstanding correction orders; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley after listening to all of the facts presented hereby makes the following FINDINGS OF FACT: That the City of Fridley and its staff have acted within the Fridley City Code Rental Property Maintenance and Licensing Code; and 2. That when city staff completed an inspection they wrote up numerous correction orders to bring the building up to city code and state building code that the property owner was unwilling to correct within a timely manner; and That on May 22, 2006, the property owner and tenants were notified of the public hearing notice to suspend or revoke the rental housing license and posting the notice of hearing at each entrance to the building; and Resolution No. 2006- Page 3 4. That the property was sold to Grant Rudolph by Contract for Deed on June 1, 2006, thereby making him the responsible property owner liable for the correction orders; and 5. That a public hearing was held on June 12, 2006, allowing the City Council to take testimony on this property; and 6. That as of June 22, 2006, the property continues to be in violation of the correction orders dated October 28, 2005, December 13, 2005, and December 21, 2005. BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evidence before it, expressly finds that the foregoing recitation is true and correct and incorporates it as part of its Findings of Fact. BE IT FURTHER RESOLVED THAT based on these findings the City council of the City of Fridley hereby revokes the Rental Housing license at 190 Island Park Drive as allowed by Fridley City Code Chapter 220. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk RESOLUTION NO. 2006- A RESOLUTION REVOKING RENTAL HOUSING LICENSE FOR THE PROPERTY LOCATED AT 191 ISLAND PARK DRIVE, FRIDLEY, MINNESOTA WHEREAS, Ordinance No. 213, adopted June 18, 1962, established the maintenance and licensing requirements of multiple dwellings; and WHEREAS Ordinance No. 213 has been amended and repealed several times with the most current Chapter 220 being in effect since July 11, 1994; and WHEREAS, Chapter 220, Section 8, states that no owner, operator, or occupant of any dwelling unit shall allow the accumulation or formation of dirt, filth, refuse or rodent harborages on the premises that could create a health hazard to the dwelling occupants or the general public; shall allow the formation of any nuisances in or about the premises and shall conform to the conduct described in Chapter 220, Section 14; and WHEREAS, Chapter 220, Section 9, states that no owner, operator or occupant shall cause any service, utility, facility or equipment required under Chapter 220 to be removed from or shut off from any occupied dwelling or dwelling unit, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process or during temporary emergencies; and WHEREAS, Chapter 220, Section 10 defines the minimum standards for multiple dwelling units; Section 11 defines hazards, and Section 12 defines fire safety; and WHEREAS, Fridley City Code Chapter 220, Section 13, requires that no person shall operate, let or cause to be let, a rental dwelling unit without first having obtained a license to do so from the City of Fridley; and WHEREAS, Fridley City Code Chapter 220, Section 13, requires that upon receipt of an application for a license, the Compliance Official and/or his designee may cause an inspection of the premises to determine whether the structure is in compliance with the City Code, other City ordinances and the laws of the State of Minnesota; and WHEREAS Chapter 220, Section 15, states that whenever the city determines that any dwelling or dwelling unit fails to meet the provisions of Sections 220.07 through 220.12, the city may issue a compliance order setting for the violations and ordering the owner, agent, operator or occupant to correct such violation; and WHEREAS, each violation shall be in writing, describe the location and nature of the violation, specify a reasonable time in which violations must be corrected and served on the licensee; and WHEREAS, Chapter 220, Section 21 states that anyone securing interest in the dwelling or dwelling unit that has received a violation tag or compliance order shall be bound by the same without further service of notice and shall be liable to all penalties and procedures. WHEREAS, it has been the practice of the city to complete an inspection when a complaint is made; and Resolution No. 2006- Page 2 WHEREAS the City received a complaint on September 7, 2006, which caused an open correction order to occur in dwelling unit 1 on September 8, 2005. Because maintenance had begun working on the correction order it was determined a follow-up inspection would be completed on September 21, 2006. The inspection on September 21, 2006, showed that the correction order to dwelling unit had not been completed causing a further inspection of dwelling unit 1 and the common area. WHEREAS, on October 6, 2005, the city received a complaint stating that there was wet carpet due to water coming in from the outside. Staff was told the owner was fixing it. WHEREAS, a re-inspection of the common area and dwelling unit 1 was scheduled for October 25, 2005, but was postponed at the request of the owner to October 26, 2005. The first follow-up inspection on October 26, 2005, showed that 8 of the 11 items remained uncorrected. The second follow-up inspection on November 4, 2005, showed that 4 of the 11 items remained uncorrected; and WHEREAS, a complaint was received again on October 19, 2005, regarding dwelling unit 12 and the lack of a working smoke detector. The 48 hour follow-up inspection on October 21, 2005, at 9:00 a.m. showed that the smoke detector in dwelling unit 12 was not working as required. A later inspection on October 21, 2005 at 4:00 p.m. showed that the smoke detector was corrected as required and this complaint was cleared. WHEREAS, due to the lack of completion of correction orders a letter was mailed on October 28, 2005, to the owner denying the license renewal; and WHEREAS, after determining that the property owner was not cooperating to maintain the building as required, the city required an initial inspection of the whole building on December 13, 2005. Dwelling units 1 through 8 were inspected, along with the common areas. The inspection was stopped at the request of the property owner's attorney. On December 21, 2005, the initial inspection was completed in dwelling units 9 through 12. WHEREAS, the first follow-up to the initial inspection of dwelling units 1 through 8 was completed on January 30, 2006 and to dwelling units 9 through 10 and common area on February 7, 2006, showing that correction orders were not completed as required. The second follow-up inspection to the full building on March 8, 2006, showed the building was still not in compliance with most of the correction orders; and WHEREAS, on May 22, 2006, a letter was mailed to the property owner Mr. Hyder Jaweed to his home in North Oaks, Minnesota, notifying him of all open correction orders, of a final inspection to be held on June 9, 2006, and of the notice of public hearing on the possible suspension and/or revocation of the rental housing license, with notices of the public hearing being mailed to all tenants of the building and posted in the building as required by Section 220.13.9A; and WHEREAS, on June 1, 2006, the property was sold and all inspection fees and utility fees due were paid to the city; and WHEREAS, although the property may have been sold, all correction notices are still open and now the responsibility of the new property owner; and Resolution No. 2006- WHEREAS, on June 12, 2006, the Fridley City Council held a public hearing to consider the recommendation to revoke the rental license and took testimony from city staff and other interested parties and voted to continue the public hearing to June 26, 2006; WHEREAS, on June 22, 2006, an inspection of the property was being completed on the 68 additional outstanding correction orders; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley after listening to all of the facts presented hereby makes the following FINDINGS OF FACT: Page 3 That the City of Fridley and its staff have acted within the Fridley City Code Rental Property Maintenance and Licensing Code; and 2. That when city staff completed an inspection they wrote up numerous correction orders to bring the building up to city code and state building code that the property owner was unwilling to correct within a timely manner; and That on May 22, 2006, the property owner and tenants were notified of the public hearing notice to suspend or revoke the rental housing license and posting the notice of hearing at each entrance to the building; and 4. That the property was sold to Grant Rudolph by Contract for Deed on June 1, 2006, thereby making him the responsible property owner liable for the correction orders; and 5. That a public hearing was held on June 12, 2006, allowing the City Council to take testimony on this property; and 6. That as of June 22, 2006, the property continues to be in violation of the correction orders dated September 8, 2005, September 21, 2005, October 6, 2005, October 26, 2005, December 13, 2005 and December 21, 2005. BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evidence before it, expressly finds that the foregoing recitation is true and correct and incorporates it as part of its Findings of Fact. BE IT FURTHER RESOLVED THAT based on these findings the City council of the City of Fridley hereby revokes the Rental Housing license at 191 Island Park Drive as allowed by Fridley City Code Chapter 220. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk RESOLUTION NO. 2006- A RESOLUTION REVOKING RENTAL HOUSING LICENSE FOR THE PROPERTY LOCATED AT 6551 CHANNEL ROAD, FRIDLEY, MINNESOTA WHEREAS, Ordinance No. 213, adopted June 18, 1962, established the maintenance and licensing requirements of multiple dwellings; and WHEREAS Ordinance No. 213 has been amended and repealed several times with the most current Chapter 220 being in effect since July 11, 1994; and WHEREAS, Chapter 220, Section 8, states that no owner, operator, or occupant of any dwelling unit shall allow the accumulation or formation of dirt, filth, refuse or rodent harborages on the premises that could create a health hazard to the dwelling occupants or the general public; shall allow the formation of any nuisances in or about the premises and shall conform to the conduct described in Chapter 220, Section 14; and WHEREAS, Chapter 220, Section 9, states that no owner, operator or occupant shall cause any service, utility, facility or equipment required under Chapter 220 to be removed from or shut off from any occupied dwelling or dwelling unit, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process or during temporary emergencies; and WHEREAS, Chapter 220, Section 10 defines the minimum standards for multiple dwelling units; Section 11 defines hazards, and Section 12 defines fire safety; and WHEREAS, Fridley City Code Chapter 220, Section 13, requires that no person shall operate, let or cause to be let, a rental dwelling unit without first having obtained a license to do so from the City of Fridley; and WHEREAS, Fridley City Code Chapter 220, Section 13, requires that upon receipt of an application for a license, the Compliance Official and/or his designee may cause an inspection of the premises to determine whether the structure is in compliance with the City Code, other City ordinances and the laws of the State of Minnesota; and WHEREAS Chapter 220, Section 15, states that whenever the city determines that any dwelling or dwelling unit fails to meet the provisions of Sections 220.07 through 220.12, the city may issue a compliance order setting for the violations and ordering the owner, agent, operator or occupant to correct such violation; and WHEREAS, each violation shall be in writing, describe the location and nature of the violation, specify a reasonable time in which violations must be corrected and served on the licensee; and WHEREAS, Chapter 220, Section 21 states that anyone securing interest in the dwelling or dwelling unit that has received a violation tag or compliance order shall be bound by the same without further service of notice and shall be liable to all penalties and procedures. WHEREAS, it has been the practice of the city to complete an inspection when a complaint is made; and Resolution No. 2006- Page 2 WHEREAS, on October 14, 2006 a complaint was received about dwelling unit 2 and an inspection was completed resulting in eight correction orders; and WHEREAS, when the city went for the first follow-up inspection on November 23, 2005, there was no one available for the inspection and the inspection was not completed; and WHEREAS, when December 19, 2005, not completed.; and the city went to the property for the second follow-up inspection on there was no one available for the inspection and the inspection was again WHEREAS, when the city went to the property for the third follow-up inspection on December 20, 2005, at the request of the tenant, the inspection showed that the correction orders had not yet been completed; and WHEREAS, when the city went to the property for the fourth-follow-up inspection on February 9, 2006, the inspection showed that 2 of the 8 correction orders were still incomplete; and WHEREAS on the fifth follow-up inspection on March 3, 2006 was completed, 2 of the 8 correction orders were still incomplete; and WHEREAS, on May 22, 2006, a letter was mailed to the property owner Mr. Hyder Jaweed to his home in North Oaks, Minnesota, notifying him of all open correction orders, of a final inspection to be held on June 9, 2006, and of the notice of public hearing on the possible suspension and/or revocation of the rental housing license, with notices of the public hearing being mailed to all tenants of the building and posted in the building as required by Section 220.13.9A; and WHEREAS, on June 12, 2006, the Fridley City Council held a public hearing to consider the recommendation to revoke the rental license and took testimony from city staff and other interested parties potentially providing information about new issues to the property and voted to continue the public hearing to June 26, 2006; WHEREAS, on June 19, 2006, an inspection of the property was completed due to complaints from the tenants at the June 12, 2006 public hearing resulting in 52 new correction orders being issued. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley after listening to all of the facts presented hereby makes the following FINDINGS OF FACT: That the City of Fridley and its staff have acted within the Fridley City Code Rental Property Maintenance and Licensing Code; and 2. That when city staff completed an inspection they wrote up numerous correction orders to bring the building up to city code and state building code that the property owner was unwilling to correct within a timely manner; and That on May 22, 2006, the property owner and tenants were notified of the public hearing notice to suspend or revoke the rental housing license and posting the notice of hearing at each entrance to the building; and Resolution No. 2006- Page 3 4. That a public hearing was held on June 12, 2006, allowing the City Council to take testimony on this property resulting in additional complaints on the property; and 5. That on June 19, 2006, an inspection of the property resulted in the issuance of 52 new correction orders. BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evidence before it, expressly finds that the foregoing recitation is true and correct and incorporates it as part of its Findings of Fact. BE IT FURTHER RESOLVED THAT based on these findings the City Council of the City of Fridley hereby revokes the Rental Housing license at 6551 Channel Road as allowed by Fridley City Code Chapter 220. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk RESOLUTION NO. 2006- A RESOLUTION REVOKING RENTAL HOUSING LICENSE FOR THE PROPERTY LOCATED AT 6571 CHANNEL ROAD, FRIDLEY, MINNESOTA WHEREAS, Ordinance No. 213, adopted June 18, 1962, established the maintenance and licensing requirements of multiple dwellings; and WHEREAS Ordinance No. 213 has been amended and repealed several times with the most current Chapter 220 being in effect since July 11, 1994; and WHEREAS, Chapter 220, Section 8, states that no owner, operator, or occupant of any dwelling unit shall allow the accumulation or formation of dirt, filth, refuse or rodent harborages on the premises that could create a health hazard to the dwelling occupants or the general public; shall allow the formation of any nuisances in or about the premises and shall conform to the conduct described in Chapter 220, Section 14; and WHEREAS, Chapter 220, Section 9, states that no owner, operator or occupant shall cause any service, utility, facility or equipment required under Chapter 220 to be removed from or shut off from any occupied dwelling or dwelling unit, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process or during temporary emergencies; and WHEREAS, Chapter 220, Section 10 defines the minimum standards for multiple dwelling units; Section 11 defines hazards, and Section 12 defines fire safety; and WHEREAS, Fridley City Code Chapter 220, Section 13, requires that no person shall operate, let or cause to be let, a rental dwelling unit without first having obtained a license to do so from the City of Fridley; and WHEREAS, Fridley City Code Chapter 220, Section 13, requires that upon receipt of an application for a license, the Compliance Official and/or his designee may cause an inspection of the premises to determine whether the structure is in compliance with the City Code, other City ordinances and the laws of the State of Minnesota; and WHEREAS Chapter 220, Section 15, states that whenever the city determines that any dwelling or dwelling unit fails to meet the provisions of Sections 220.07 through 220.12, the city may issue a compliance order setting for the violations and ordering the owner, agent, operator or occupant to correct such violation; and WHEREAS, each violation shall be in writing, describe the location and nature of the violation, specify a reasonable time in which violations must be corrected and served on the licensee; and WHEREAS, Chapter 220, Section 21 states that anyone securing interest in the dwelling or dwelling unit that has received a violation tag or compliance order shall be bound by the same without further service of notice and shall be liable to all penalties and procedures. Resolution No. 2006- Page 2 WHEREAS, it has been the practice of the city to complete an inspection when a complaint is made; and WHEREAS, on November 16, 2005, dwelling unit 1 was inspected due to a complaint and 9 corrections orders were issued. Follow-up inspections on December 28, 2005, and January 31, 2006, showed that the correction orders incomplete; and WHEREAS on February 9, 2006, all but one correction order was completed resulting in closing this order and creating one new correction order; and WHEREAS, on March 24, 2006, a letters was mailed to the property owner notifying him of that an 8 foot fence in good condition was required between an R-1 property and an R-3 property which was a violation of the Fridley Zoning Code Section 205.09. A follow-up inspection was made on April 10, 2006, showing that the fence had not been fixed or that a new fence had ben installed. On June 5, 2006, the Community Development Department issued a citation for a violation of the code. WHEREAS, on June 12, 2006, the Fridley City Council held a public hearing to consider the recommendation to revoke the rental license and took testimony from city staff and other interested parties and voted to continue the public hearing to June 26, 2006; WHEREAS, on June 19, 2006, an inspection of the property was being completed due to the additional complaints that were received during the public hearing on July 12, 2006. The inspection resulted in 56 correction orders throughout the building being issued. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley after listening to all of the facts presented hereby makes the following FINDINGS OF FACT: That the City of Fridley and its staff have acted within the Fridley City Code Rental Property Maintenance and Licensing Code; and 2. That when city staff completed an inspection they wrote up several correction orders to bring the building up to city code and state building code that the property owner was unwilling to correct within a timely manner; and That on May 22, 2006, the property owner and tenants were notified of the public hearing notice to suspend or revoke the rental housing license and posting the notice of hearing at each entrance to the building; and 4. That a public hearing was held on June 12, 2006, allowing the City Council to take testimony on this property resulting in additional complaints by the tenants of the building; and 5. That on June 19, 2006, an inspection of the property resulted in the issuance of 56 new correction orders. Resolution No. 2006- BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evidence before it, expressly finds that the foregoing recitation is true and correct and incorporates it as part of its Findings of Fact. Page 3 BE IT FURTHER RESOLVED THAT based on these findings the City council of the City of Fridley hereby revokes the Rental Housing license at 6571 Channel Road as allowed by Fridley City Code Chapter 220. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � AGENDA ITEM ��F CITY COUNCIL MEETING OF JUNE 26, 2006 FRIDLEI' INFORMAL STATUS REPORTS