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11/13/2006 - 6115� - ,.-_ �� R� � -' .. CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AaDRFSS AND /i�M NUMBFR YaU ARF /NiFitFSTFD /N. Print Name jClearly) `` Address Item Na, � , ,,--� ` � ''`'�'� ; � I r� �` � � f� Z � ' ,� � , .._ > � �.�..�,� � �� -- ' � � c _r: ( ( �_ � _ ,r-. , ,. � , ; ; ; � , � � ,, ,� � , ...� : � , °„ ' s: e �d f � ✓ � �� ,r� ) � �i , „ �,-r j� t� ,^ r � �. � ' L.. �� —1 �� _ �.._ �..— ... i/ - C... `. C � � � a l; s � �� G � i � �- � � 1 -- I �, L � d �� r e �� cS e e�rs� � f� , t' � � ./ :� �I � .L`-C. �.�)��l ` ��1. j � � _-�- � . ��,�, �c- ``�'��`� � �'1'��y G ��, �� ' � ri � ,a �r �--,. � r � � ., T `..�'�l . i.% 1^ • ? '�; /ud;.,• . `,�'� t � j ,�, �• 1 (.L L' � ?1 i �" �1:' � �� ✓� `';,, tip� �`LP i'�-� � ��!"�.. ✓� �� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 / _ � � oF F�� 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. .� : �j D BOARD OF CANVASS Receive and Certify the Statement of Canvass from the General Election of November 7, 2006 .................�..,.. .. 1 - 6 /-� �r��f��' �- �7� (��,J'�.�.S.j�........... NEW BUSINESS: 4. Receive the Minutes from the Planning Commission Meeting of October 18, 2006 ...................................................... 19 - 23 5. Receive the Minutes from the Planning Commission Meeting of November 1, 2006 ...................................................... 24 - 28 X � CITY COUNCIL MEETING J�, �� v �� _� ,_ ��I v� n � �/ Approve Extension of Special Use Permit, �� 2 �� SP #05-04, to Allow a Telecommunications APPROVAL OF PROPOSED CONSENT AGENDA: Facility at 8290 Main StreetpN ard 3) ... 9- 30 �,�'i2�1r`�=- .�g /L/'�� ' APPROVAL OF MINUTES: � City Council Meeting of October 23, 2006 ��Special Use Permit Request, SP #06-09, by Amtech Lighting Services for Croix Oil Company for an Electronic Changeable ,� �% Sign at 6485 East River Road N.E. -�' 2�a` \ �"� ✓� Ward 3�f �.h��. �� ............................. 31 - 34 OLD BUSINESS: "`� �=' � �� `%� �" P 2�"� n � Vyv�� ' „��_� ��='' I ��F., f% _�t'.D� � ��_.e_- /-I'��,t�J/j��' �� ` � � 1. Second Reading of an Ordinanc��Amending �'� Chapter 6, Commissions, of the Fridley City Code Providing for Substitute Members on the Appeals Commission .................... ...................... 7 - 8 2. Second Reading of an Ordinance of the City of O�� Fridley Amending Chapter 11 of the Fridley City �� Code by Adding a Section Requiring Compliance � with all Ordinances and Laws of the City as Well as the Payment of all Outstanding Fees or Charges Due the City Prior to the Issuance of any License.................................................. 9 - 10 8. Special Use Permit Request, SP #06-10, by Amtech Lighting Services for Holiday Station Stores, for an Electronic Changeable Sign at 5695 Hackmann Avenue N.E. (Ward 2) ................................................ 35 - 38 9. Resolution Approving a Plat, P.S. #05-08, _/_�� Gateway West 2"d Addition, by Blue Print �D()10 Homes, for the Purpose of Creating Nine Single Family Lots, Generally Located between 57'h Place and 59th Avenue and 3�d Street and University Avenue N.E. (Ward 3) .......... 39 - 42 .�-, prd� _, �l ,^ , 'Second Reading of an Ordinance Amending �� 10�esolution to Vacate Portions of 3`� Street, � 1 Chapter 114 of the Fridley City Code Pertaining �--� 57 Place, and 57 %Z Avenue, Generally Q�p � to Abandoned Junk or Unsafe Motor Vehicles �,� �j,�-� Located Between 2'/ Street and University �� and ��'�%��X S> �� /�� 6� � Avenue, in Order to Accommodate the /� �-'� � '� �� , Gateway West Redevelopment Project i� =i��-�z�-��` (Vacation Request, SAV #06-02, by the Adopt Official Title and Summary � City of Fridley Housing and Redevelopment Ordinance .............................................. 11 - 18 Authority) (WarSl,3) ........... 43 - 51 .................. � �� L2/,1i�'�°� . � � � �>`,/ �/G� <5 f�,�' � �'� �- _ � ... CITY COUNCIL_MEETING APPROVAL OF PROPOSED CONSENT AGENDA: � NEW BUSINESS (CONTINUED): ,� n��Q � 1 !� 11. Resolution Ordering the Preliminary Plans, Specifications, and Feasibility Report on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2007 —1 ................................... 52 - 54 �-�� .� �,l ��, .�p0 �1,,� esolution Receiving the Preliminary Plans, --� Specifications, and Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2007 —1 ................................... 55 - 57 �.� �D 13 Resolution Authorizing Changes in Appropriations for the 2006 Budget for September through October 2006 .... 58 - 60 .��- ..................... ........ � �'�3G'/�,� �/�..-U-%% ,!J _s;- ;� (�� .�a 14. Approve 2006-2007 City of Fridley Snow Removal Operations Policies and Procedures ............................................ 61 - 72 `�15. kteceive Bids and Award Contract for the �,� -�Construction of Two Rescue Trucks for the City of Fridley Fire Department ............. 73 - 75 � �c i�(�,°"�,�,�a�` � G:� ��Z � �' �-r. � �-�'' � �/�w�,�`a-�- , r 16. ppointment to the Fridley Housing and � Redevelopment Authority, ...................... 76 � .-�,,>+� qf; j��i� �� 17. Claims ................................................... 77 18. Licenses ................................................ 78 - 79 � l��j/?��/ ADOPTION OF AGENDA. /` ��''°/ � � �' � v�/Lc'J v' � � �� l� � 7 y,�"� / a '�` l � � �, ��,� � OPEN FORUM (VISITORSI: Consideration of Items not on Agenda —15 Minutes � �..� t �� -, i� �� PUBLIC HEARINGS: � ��/ � {�� _ ^ , ,� � � : � 2 � � / ;1��- 20. Consideration of an Intoxicating Liquor License Y�yIQ G�' for Baggan's Pub, 3720 East River Road N.E. �`� �r�� (Ward 3) ... ............................... 81 - 83 � � ��`�;v7) r�n�`��f �,_ A . � . i� �' *!'Y�' ��..y�,Gc�u��- � /a%/ ��/ � - ' �,� �f�� (�r�-� _ ; �/� �� - ��.� �� 21. Consideration of Neighborhood Street Improvement Projeryc�t No. ST. 2007 —1 .......... .......... 84 - 86 C%��-w'� �^�^�" �o . �� `��-l-.� c�. �� -��j��=� NEW BUSINESS: 22. First Reading of an Ordinance of the City of Fridley, Minnesota, Repealing Ordinance No. 1095, an Ordinance that Adopted the Prevailing Hours of Labor and Prevailing Wage within the City of . Fridley on Certain Projects on or with the City, and any Rules and Regulations Promulgated Thereund�r �� e�� ........... ............. 87 - 88 {� E; ��-:, ��`�% � g � ,, � <'� � L � ;� °,� S !S � ✓�- `J'�' �."� �� p,lr.��-- 23. Informal Status Reports ........................ 89 ADJOURN. � � �. �j (� �� L � -G�'�c�i� �2 �j � t""`� ti'�/ 19. Estimates ............................................... 80 � � ( � � r�� - � � � CITY COUNCIL MEETING OF NOVEMBER 13, 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. BOARD OF CANVASS Receive and Certify the Statement of Canvass from the General Election of November 7, 2006 ................................................... 1- 6 CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 23, 2006 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 6, Commissions, of the Fridley City Code Providing for Substitute Members on the Appeals Commission............................................................................................... 7 - 8 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): 2. Second Reading of an Ordinance of the City of Fridley Amending Chapter 11 of the Fridley City Code by Adding a Section Requiring Compliance with all Ordinances and Laws of the City as Well as the Payment of all Outstanding Fees or Charges Due the City Prior to the Issuance of any License ............................................. 9- 10 3. Second Reading of an Ordinance Amending Chapter 114 of the Fridley City Code Pertaining to Abandoned Junk or Unsafe Motor Vehicles and Adopt Official Title and Summary Ordinance ............................................. 11 - 18 NEW BUSINESS: 4. Receive the Minutes from the Planning Commission Meeting of October 18, 2006 ........................................................................................................... 19 - 23 5. Receive the Minutes from the Planning Commission Meeting of November 1, 2006 ........................................................................................................... 24 - 28 6. Approve Extension of Special Use Permit, SP #05-04, to Allow a Telecommunications Facility at 8290 Main Street (Ward 3) ......................................................... 29 - 30 7. Special Use Permit Request, SP #06-09, by Amtech Lighting Services for Croix Oil Company for an Electronic Changeable Sign at 6485 East River Road N.E. (Ward 3) ............................................. 31 - 34 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Special Use Permit Request, SP #06-10, by Amtech Lighting Services for Holiday Station Stores, for an Electronic Changeable Sign at 5695 Hackmann Avenue N.E. (Ward 2) ..................................................................................................... 35 - 38 9. Resolution Approving a Plat, P.S. #05-08, Gateway West 2nd Addition, by Blue Print Homes, for the Purpose of Creating Nine Single Family Lots, Generally Located between 57t" Place and 59t" Avenue and 3rd Street and University Avenue N.E. (Ward 3) ............................................................... 39 - 42 10. Resolution to Vacate Portions of 3rd Street, 57t" Place, and 57'/ Avenue, Generally Located Between 2'/ Street and University Avenue, in Order to Accommodate the Gateway West Redevelopment Project (Vacation Request, SAV #06-02, by the City of Fridley Housing and Redevelopment AuthoritY) �Ward 3) ..................................................................................... 43 - 51 11. Resolution Ordering the Preliminary Plans, Specifications, and Feasibility Report on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2007 — 1 ........................................................................................ 52 - 54 12. Resolution Receiving the Preliminary Plans, Specifications, and Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2007 — 1 ........................................................................................ 55 - 57 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 13. Resolution Authorizing Changes in Appropriations for the 2006 Budget for September through October, 2006 ............................................................................................ 58 - 60 14. Approve 2006-2007 City of Fridley Snow Removal Operations Policies and Procedures................................................................................................. 61 - 72 15. Receive Bids and Award Contract for the Construction of Two Rescue Trucks for the City of Fridley Fire Department .................................................................. 73 - 75 16. Appointment to the Fridley Housing and Redevelopment Authority ........................................................................... 76 17. Claims ........................................................................................................ 77 18. Licenses ..................................................................................................... 78 - 79 19. Estimates ................................................................................................... 80 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 5 PUBLIC HEARINGS: 20. Consideration of an Intoxicating Liquor License for Baggan's Pub, 3720 East River Road N.E. (Ward 3) ....................................................................................................... 81 - 83 21. Consideration of Neighborhood Street Improvement Project No. ST. 2007 — 1 ................................................................................... 84 - 86 NEW BUSINESS: 22. First Reading of an Ordinance of the City of Fridley, Minnesota, Repealing Ordinance No. 1095, an Ordinance that Adopted the Prevailing Hours of Labor and Prevailing Wage within the City of Fridley on Certain Projects on or with the City, and any Rules and Regulations Promulgated Thereunder ........................................................ 87 - 88 23. Informal Status Reports ..................................................................................... 89 ADJOURN. � � CffY OF FRIDLEY T0: FROM: AGENDA ITEM BOARD OF CANVASS MEETING NOVEMBER 13, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK SUBJECT: CANVASS REPORT OF GENERAL ELECTION — NOVEMBER 7, 2006 DATE: NOVEMBER 8, 2006 A general election was held on Tuesday, November 7, 2006, to select candidates for the offices of Councilmembers Ward 1, 2 and 3 and to determine the outcome of the utility rate increase question. Attachment 1 is the Statement of Canvass for this election. State Law states that the City Council must canvass the results of the primary election within 7 days of the election. I have included the total number of ballots cast in the City for this election, the total number of votes for each candidate and question, a true copy of the ballot, and the names of the election judges as required. There were a total number of 15,559 registered voters at 7:00 a.m. and 1165 Election Day registrations for a total number of 16,724 registered voters. 10,664 registered voters cast a ballot in the City thereby giving the City a voter turnout of 64%, which is about 10% lower than our other general election turnouts. Staff recommends a motion accepting and certifying the results of the election. �. N � � � � U �.' O C� �. � � � U � N � � 4-i � O � s-. O N �--� � � � � �.' cd N � � O � �--� ,.� N � H � �� O � � N � �"" � �"" .S". � U � �' �� '� % a� w � O �' � � � r--, C/1 U �' l� O� O� v'� O '" M .� .� � � O O O N N � � > 0 �co � o, °�° r" N N �--� N O� � � M �O M CO O � N � V� � N M V� � M �O � � � � ti � l� O v'� M � � N M N �M C Q � Q � N M � � y � ~ � � � ^ � U �--I U �--I U �--I U ✓ � ,� � ,� � ,� � ,� � �� N c�d N c�d N N N P-i � P�'- � P�'- � P�'- � P�'- E-� U � 0 O N � �. N � N � O z � 0 U N W � �. a� � � �7 � � � �--� � � U � O � 4--i O �. 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ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Wolfe Councilmember Bolkcom MEMBER ABSENT: Councilmember Billings OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Richard Pribyl, Finance Director Fritz Knaak, City Attorney Connie Thompson, Fridley Sr. Program Coordinator Robert Hartley, Attorney for Mohamed Amro Mohamed Amro, 59 Rice Creek Parkway Fred and Mary Mykkanen, 6840 Jefferson St. NE Michael Young, 6730 Quincy St. NE Thomas Hunt, 6700 Kennaston Dr. NE John Falldin, 201 69th Ave. NE Kelly Pogatchnik, 6360 Jackson St. NE Scott Prebish, 740 Bennett Dr. NE Donald Anderson, 7304 W. Circle NE PUBLIC SERVICE ANNOUNCEMENT: Connie Thompson, Senior Program Coordinator, shared some of the things they are doing with the Senior Program. She said the Senior Program is considered a community focal point by the Metropolitan Area agency on aging. The Senior Center is considered a"one stop shop" so when a senior has an issue they can come to the Senior Center and get referrals or support. The Senior Center offers recreation, social services, wellness and health, and nutrition. The Fridley Senior Center nutrition program is the largest in Anoka County and in the month of September they served over 1,400 meals. On average there are 50-65 seniors using the nutrition center per day. Special event days can bring in as many as 200 seniors. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 2 Ms. Thompson stated that information, referrals and education are a big part of the Senior Program. A recent program with the Fridley Community Education and the Minnesota International Center (Great Decisions) was created that talks about foreign policy issues. The first issue was on LTN and LTN reform. This program will be offered on a monthly basis, and some of the future topics include Brazil, India, China, terrorism and human rights, and we are looking at some other current topics to debate. Comments from the seniors will be referred to the Foreign Policy Association in New York. Ms. Thompson stated that volunteer opportunities are another big piece of the Senior Program. The Fridley Alternative High School has students who transferred from another school or are from a foreign country who don't know how to read. These students may be reading at a third grade level and three seniors are currently being trained to be reading tutors to work one on one with these students. Ms. Thompson stated that their Chores and More Program is another part of the Senior Program. She talked about how the program works. Currently, 551 households are in the data base and in 2005, 313 households were served with 5,555 hours of services. She said 53% of the jobs were outdoor jobs such as snow removal, raking, mowing and 47% were indoor jobs like house cleaning, wall washing, painting and minor repairs. In 2005, 1,324 volunteer hours were turned in from 61 volunteers. There has been a 21% increase for services in 2006. Councilmember Wolfe asked how many seniors use the center daily. Ms. Thompson replied that 125 to 150 seniors visit the Senior Center each day. Councilmember Wolfe stated that he visits the center often and every day the parking lot seems full. He said it is probably one of the best uses of the facilities in the City of Fridley. Ms. Thompson replied that they have a good time at the Senior Center. The senior volunteers work hard but they enj oy what they are doing. Councilmember Barnette asked if people need to be a Fridley resident to be part of the Senior Program. Ms. Thompson replied no. She said 75% of the participants are residents of Fridley. Mayor Lund asked what the capacity of the Senior Center was and if there was a waiting list. Ms. Thompson replied that certain programs and special events, such as Veterans' Day or the Lions' Christmas Dinner may have a waiting list. They try to accommodate as many seniors as possible. Councilmember Wolfe stated that the space is used wisely and they do a great job. Ms. Thompson said they are creating relationships in the community and that is what makes this program work. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 3 Mayor Lund thanked Ms. Thompson and all the volunteers for the work they do to make this program a success. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 23, 2006. APPROVED. NEW BUSINESS: 1. First reading of an Ordinance Amending Chapter 6, Commissions, of the Fridley City Code Providing for Substitute Members on the Appeals Commission. William Burns, City Manager, stated this item was tabled on August 28. The amendment would codify a long-standing policy whereby Planning Commission members are permitted to serve as substitutes for Appeals Commission members in situations when there would not be a quorum. The change will facilitate meeting the 60-day action law requirements. Staff recommends the removal of the item from the table and its approval by Council. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. First Reading of an Ordinance Amending Chapter 114 of the Fridley City Code Pertaining to Abandoned Junk or Unsafe Motor Vehicles. William Burns, City Manager, stated the amendment seeks to align the City's practice for disposal of junk vehicles with the City Code. The current wording in the City Code makes reference to a City Code Enforcement Officer and to a requirement that these vehicles be sold at public auction. The changes eliminate references to the Code Enforcement Officer and make it possible to delegate the sale of the vehicle "to a duly authorized agent of the City." Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. First Reading of an Ordinance of the City of Fridley Amending Chapter 11 of the Fridley City Code by Adding a Section Requiring Compliance with all Ordinances and Laws of the City as well as the Payment of All Outstanding Fees or Charges Due the City Prior to the Issuance of any License. William Burns, City Manager, stated that the amendment allows the withholding of rental licenses from rental property owners who have delinquent utility bills. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 4 4. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2007 Property Taxes. William Burns, City Manager, stated the total being assessed is $235,886.08. The account holders have been notified by mail of tonight's action. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-69. 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for the Lions Club of Fridley at Billiard Street Cafe Inc., d/b/a/ Two Stooges Bar and Grille, Located at 7178 University Avenue N.E. (Ward 3). William Burns, City Manager, stated that the permit is being issued to the Fridley Lions Club and expires on February 29, 2008. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-70. 6. Resolution Authorizing a New Compensation Policy and Plan. William Burns, City Manager, stated that this resolution establishes new policies with regard to salary increases, promotions, and reclassifications. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-71. 7. Receive the Minutes from the Planning Commission Meeting of September 6, 2006. RECEIVED. 8. Claims (128846 —129039). APPROVED. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked that Item 2 be removed from the consent agenda and placed on the regular agenda. Councilmember Lund asked that Item 1 be removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Items 1 and 2. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented with the addition of Items 1 and 2. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Donald Anderson, 7304 W. Circle NE, thanked the police who caught the drunk driver who hit his car. Councilmember Wolfe asked residents to pay attention during the campaign to literature and signs. Signs are being stolen and this has the potential of being a Federal offense. Those caught can be fined up to $1,000 for stealing campaign signs. PUBLIC HEARING: 10. Consideration of the Assessment for Street Improvement Project No. 2005-3. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:53 P.M. Richard Pribyl, Finance Director, stated the proj ect assessment pertains to the construction of the cul-de-sac extension for development of two twin home properties following a lot split. The assessment involves eight properties for a total cost of $58,852.75. The assessment is for 10 years and the assessment rate is 6 1/2%. There will be a resolution following the public hearing related to the actual assessment of this project. Councilmember Bolkcom said that if the resolution is approved, the property owners will have 30 days to prepay the certification. A senior citizen can request deferred payment. Fred Mykkanen, 6840 Jefferson St. NE, asked how they would be billed. Mr. Pribyl stated that a final letter would be sent out to residents indicating that the assessment was certified. Residents would have 30 days to pay or it would be certified to their property taxes. Mayor Lund asked when the 30 days would start. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 6 Mr. Pribyl said tomorrow. William Burns, City Manager, said if they do not prepay the bill, it will be included in their property tax bill over the next 10 years. Mr. Mykkanen asked how this would affect future property assessed values. Dr. Burns said this would not be considered as added value to the home, as it is considered maintenance. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE , MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:00 P.M. 11. Consideration of the Assessment for Street Improvement Project No. 2006-1. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 9:01 P.M. Richard Pribyl, Finance Director, stated this project assessment pertains to the concrete curb and gutter portion of the 2006-1 project. The total assessed cost including the driveway portion of this project is $841,274.99. The assessed cost of the street project is $17.80 per front foot as compared to the original estimate of $19.50 per foot. The assessment is for a 10-year period at 6'/z% interest. One objection was received from the homeowner at 774 Bennett Drive. The obj ection was on the rate of assessment, not the work relating to the corner lot. The resolution will be presented after the public hearings. MOTION by Councilmember Bolkcom to submit into the record letters from Don and Carol Blair dated October 18, and Jeffrey and Claudia Ciesynski dated October 23. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that she spoke with the Blairs regarding their driveway. She noted that going into their driveway, the bottom of the car scrapes on the bottom of the driveway. Jon Haukaas, Public Works Director, stated that Rice Creek Boulevard was raised slightly to add a crown in the road. The concrete curb and gutter that was installed along the edge of the road is a primary difference. There is no denying that there is a different feel when you drive FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 7 into it because of the concrete curb with the lip on it as opposed to a smooth formed gutter along there as there used to be with an asphalt street. He met with the Blairs and did not think there was a problem. There is not much that can be done to improve the situation. The slope of the driveway is approximately what it was. They are in agreement that there is a different feel to the driveway compared to when there was asphalt. Councilmember Bolkcom stated that the Blairs appreciate everyone's efforts, but they are concerned about their driveway. They are not complaining about the assessment, but the driveway and the dip that was created. She also asked about 69th Avenue and the swale that is there. Mr. Haukaas stated that at the intersection of 69th Avenue and 69th Place, there was a water problem. Water was being held on the north side of the street and could not get to the south side of the street to continue draining down to the storm sewer. A quick fix was designed which put a sharp swale across the street to get the water out. He said they are not happy with it and are surveying the area for a redesign. It may be fixed in the spring. The contractor built the area to what was designed, as instructed, it just did not work. Councilmember Bolkcom asked what he meant when he said the contractor built it to our design. She asked if staff approved this. Mr. Haukaas stated when the grades are relatively flat, you may not always get everything perfect on paper. What may look good on paper may not be that way when it is constructed. There was not adequate time to tear this out this fall. He said they wanted to look at it and create a good solution and fix it in the spring. Councilmember Bolkcom asked if it would be a city or contractor cost when it is fixed in the spring. Mr. Haukaas said it would not be a cost to the contractor. Councilmember Bolkcom asked if it would be a problem with the snow plows this winter. Mr. Haukaas answered that the plows are aware of the issue and it should not be a real problem. The plows are not going at a high rate of speed when plowing the area. Councilmember Bolkcom asked if the sod and driveway issues have been resolved. Mr. Haukaas stated that all the sod issues have been dealt with. They have not heard of any additional problems with sod. There are about six driveways with issues. Payment is being withheld from the contractor on those driveways until the issues are resolved. We are moving forward with the assessment tonight as this is the only opportunity to allow residents to finance their driveways through the City. If there is a dispute on a driveway and it is removed from the assessment role, the only way we can bill the property owner in the future is in full. The property owner would not be able to finance it through the city. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 8 Councilmember Bolkcom asked if the resolution needed to be passed tonight for this assessment in order to get it to the County. Mr. Pribyl stated it did. Councilmember Bolkcom asked what legal recourse the property owners have to ensure these issues will be resolved. Fritz Knaak, City Attorney, stated they can object to the assessment but the procedure is in place for them to rej ect the original assessment. This would preserve their right to obj ect to the amount that is being assessed tonight. Councilmember Bolkcom said if the resident is not here tonight, they will not be able to object to the assessment. Mr. Knaak stated that residents have within 30 days of the assessment to object. Councilmember Bolkcom stated that some people who had their driveways done thought there was a cut made from the street, but if they had their entire driveway done, they are responsible for the entire driveway. Mr. Haukaas stated that the difference in what the City may have replaced generally amounts to about $200 in materials. Staff time involved in coordinating how much residents would save would far outweigh whatever the credit would be. It has been the City's policy to donate staff time to coordinate the contractors and driveways, but residents pay the full amount of the driveway. Payment will be withheld from the contractor until this issue is resolved and residents are satisfied with their driveways. Councilmember Bolkcom asked when the sod would be looked at again. Mr. Haukaas said that in the spring or late May staff will go through the entire proj ect area and look for dead sod or sod that did not take. The contractor will be required to fix the sod and the homeowner will be responsible for watering the sod. The contractor is responsible for watering the sod for the first 30 days to get it started. After that time, it is the homeowners' responsibility. A newsletter will be sent out to residents asking them to take care of the sod. Scott Prebish, 740 Bennett Drive, came forward and stated that he did not have an issue with the assessment but the j ob they have done is not completed yet. He asked when it would be done. Mr. Haukaas stated that the only thing left in the proj ect is the final layer of asphalt. The City is waiting for one good day of weather to complete this project. As for the assessment, that is associated with the installation of the concrete curb and gutter. The street portion is a City cost. The project will be done as weather permits. It is not unusual to leave the final coat of asphalt of£ Many cities that have poor soil, unlike Fridley, do that as a standard practice. He said they hoped to put the final layer of asphalt down yet this year, depending on the weather. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 9 Mr. Prebish stated that after the first layer, they made a mistake and did a crown and had to come back and dig it all out. Now there is a pretty good size dip so if the project is not done before the plows come through, they will just tear up the road. Prior to the street being torn out, there was standing water near the corner. There was no drainage put in that corner, and with the dip and lower road, it will not drain correctly around the corner. Mr. Haukaas answered that the swale that was created should create cross drainage. Quincy goes to the north and turns west into Bennett Drive at that corner. The drainage flow is to the north across that intersection. That correction dealt with the water problem Mr. Prebish referred to. We do not install or extend storm sewer unless absolutely necessary because that is a major cost and assessed back to the residence in addition to the street proj ect. Mr. Prebish commented on the sod issue and that the contractor was to be watering for 30 days. He said the contractor showed up for one week After that, they saw them one day the following week and have not seen them since. The first week they showed up twice a day. After 7 days, the water truck did not come any more. Mr. Haukaas said if there is a problem in the spring, the sod will need to be replaced by the contractor. Councilmember Bolkcom stated that Mr. Prebish should request his area to be reviewed in the spring if there are sod issues. Jon Falldin, 201 69th Ave. NE, stated that his assessment was $6,138 and before this evening, they said it would be about $4,800. He said they replaced the curb three times and asked if that added to the increase in price. Mr. Haukaas stated that the replacement of the curb had nothing to do with any additional assessment. Mr. Falldin's driveway was done for the cost of $4,617 and the curb was $1,385. Mr. Falldin said the City put in the first 8 feet of his neighbor's driveway and they went to a private contractor to finish it. He asked if he was paying for the 8 feet plus the remainder of the driveway and how the price was figured out. Mr. Haukaas answered that the curb assessment is just for installation of the curb along the street. The driveway is for the entire driveway to the curb. Mr. Falldin asked what his cost will be. Councilmember Bolkcom stated that $1,388.40 is the cost of the curb and gutter and the driveway is $4,617. A letter will be sent out with the totals. Fred Mykkanen, 6840 Jefferson Street NE, has a problem with the patchwork by his rock box in the driveway. He understands there is a 2 year warranty. He was asking who to call for warranty work. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 10 Mr. Haukaas stated that Joe Maloney should be contacted. If there was no answer from Mr. Maloney, they should contact Layne Otteson. Mayor Lund stated that if residents were not getting satisfaction, they should contact City staff. Michael Young, 6730 Quincy Street NE, stated that he was not objecting to the assessment, but had an issue with the driveway. Mr. Maloney has been out. There is a big dip and creases where they used two different rollers. Also when the sod installer came to work on the property, he pulled up on the driveway and scuffed the driveway. They are working on the issue, but he wanted to have it on file. MOTION by Mayor Lund to accept the letter from Mr. Young regarding the concerns about his driveway. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Kelly Pogatchnik, 1531 Trapp Court (6360 Jackson Street rental property), objected to unauthorized construction and unreasonable charges from Park Construction regarding electrical repair work done during the driveway replacement at this house. On August 31, Park Construction removed the driveway except for the apron around the garage which was cement that needed to be cut of£ On September 1, Park Construction had someone come out and saw off the cement portion which is when they had inadvertently cut the electrical conduit and cable running from the house to the garage. Joe Maloney called Mr. Pogatchnik and said they had cut the cable and he would have to find an electrician. Mr. Pogatchnik did not know whose responsibility it would be to fix the problem. Mr. Maloney stated that the wire was wired wrong and was not up to code. Mr. Pogatchnik told Mr. Maloney that it was his fault for cutting the cable and that his company would need to fix it. Mr. Maloney hired Kilmer Electric to fix the electrical work which started on September 11. The issue came up on October 10 when Layne Otteson called and told Mr. Pogatchnik that he would be charged for the electrical repair. On the 20th, Jon Haukaas, Mr. Pogatchnik, Kilmer Electric, and Joe Maloney met and talked about the problem. The president of Park Construction apparently talked to Jon Haukaas and proposed to pay $124.67 and Mr. Pogatchnik pay the balance of $1,000. Mr. Pogatchnik asked for the rationale behind the numbers and they responded that it was a nice round number and they were trying to be kind by giving Mr. Pogatchnik a discount. The president of Park Construction said that if it wasn't settled soon that he would turn Mr. Pogatchnik in to the Minnesota State Rental Board for having illegal wiring. He said his rental property was inspected when it was purchased and passed rental inspection. Mr. Pogatchnik proposed that he get three bids from electrical contractors in the area and that Park Construction pay the difference of the current charge to the lowest bid. He said there was no obj ection by Jon Haukaas at that time. He said he got three bids and they ranged from $807.90 to $350.00. He asked Council to agree that this was a reasonable and fair means to the resolution of this issue and that Park Construction split the charge. Mr. Pogatchnik offered to pay $350.00 and Park Construction pay the balance of $774.67. He asked that his $350 be added to his assessment for tax purposes. He said he did not authorize the work and did not find any authorization or quotes prior to the construction. Park Construction verbally agreed to the arrangement and he feels they are ultimately responsible for the bill. He said he FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 11 was never told by Park or the City that he would be charged for the electrical work until now. Mistakes were made that he is being charged for. Mr. Pogatchnik is uncertain as to the depth of the cable that was cut. There is enough evidence that the cable may have been improperly buried. Mr. Pogatchnik does not think the electrical work should be done for free, but that the electrical work that Kilmer Electric did was done poorly. Mr. Pogatchnik was offended by the comments that were made and asked Council for approval or recommendation. Mayor Lund said it sounds like a number of things are going on. Mr. Haukaas stated that these charges are being added to his driveway assessment as part of the work being done to install that driveway so the electrical bill is in his driveway assessment. Park Construction was essentially hired to do Mr. Pogatchnik's driveway. When they went to remove the apron, the electrical service was less than one foot deep at the bottom of the concrete apron. That is why it was cut when they tore out the apron. When a Park Construction representative called Mr. Pogatchnik, he initially said that he needed to hire an electrician; Mr. Pogatchnik responded that it was Park's problem and they needed to deal with it. As far as responsibility, Joe Maloney from Park Construction was referring to his responsibility to get an electrician. Mr. Pogatchnik was referring to responsibility to pay for the repairs. Mr. Pogatchnik would have liked more notice and an option to do the work himself if he was going to be charged for it. Park Construction waited extra time to get his signed contract and essentially made a special trip to do the removals. Park coordinated getting Kilmer Electric out there because they respond and get the work done when you ask them to. Part of the labor was trying to salvage what was there so they did not have to re-pour all new conduits. Kilmer Electric did fix the problem, sent the bill to Park Construction and that was passed through to Mr. Pogatchnik The total is 13 hours at $85.00 an hour plus $20.00 in materials. This should not be the taxpayers' expense and the issue is who should pay for this. Park Construction does not feel they should be responsible for doing a private driveway they were told to deal with the problem, so they did. Councilmember Barnette suggested Mr. Pogatchnik contact Anoka County Mediation Services that are available free of charge. Mayor Lund stated that Mediation Services will not help him tonight. Mr. Haukaas stated that this is a situation that Mr. Pogatchnik could take out that dollar amount of the assessment, but if he needed to pay the repair, he would need to pay that amount in full. Councilmember Bolkcom stated that Mr. Pogatchnik thought Park Construction would take care of the problem and pay for it. Park Construction said they did not say they would pay for it. She questioned how they should settle the issue. Mr. Haukaas stated that Park Construction feels they acted in good faith. They got the j ob done and coordinated the job. There was miscommunication. Councilmember Bolkcom asked if Park was doing a job for the City and cut an electrical wire, who would be responsible to pay for the repair. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 12 Mr. Haukaas stated that it would depend on the situation. Mayor Lund suggested removing $1,100 from the assessment and allow Mr. Pogatchnik to work out the differences with Park Construction. Whatever the final outcome would be, Mr. Pogatchnik would be responsible to pay the amount in full. This could be the entire amount of $1,100. Mr. Pogatchnik asked what the timeline would be on the balance. Mayor Lund answered that if the $1,100 was taken off of the assessment, Park Construction payment would be withheld as well. It would be best for a resolution to happen within 30 days. Mr. Pogatchnik stated that this is rental property and is capital dependent. If the amount was $350 to $550 he would be okay with that amount. He would not be able to pay $1,100. He said he is confident they will come to a reasonable solution based on what he has seen so far. Mayor Lund stated that the amount will be withheld from the contractor, so there should be an incentive to settle this issue. Mr. Pogatchnik would be responsible for the balance. Councilmember Bolkcom asked if it would be a good idea for Mr. Pogatchnik to leave the entire amount in the assessment, and once there is a deduction it will be taken off before the final billing. That way if Mr. Pogatchnik was not able to reduce the amount, he would not have to come up with the $1,100 in full. Mr. Pribyl stated the assessment could be treated as a prepayment in the 30-day window period as long as the amount is identified in this discussion. Mayor Lund clarified that they would certify the full amount which would include the $1,100 electrical bill. If issues get resolved and the amount can be reduced, they would deduct that from the assessment by adding a prepayment. Attorney Knaak stated that it was a creative solution. If Mr. Pogatchnik is assessed the full amount, he will have to raise the objection to appeal the amount. In the meantime, this will give him some time to come to a resolution. He will need to object to the assessment tonight if he wants to appeal the amount at a later date. If a resolution is reached in 30 days, the amount would be taken off of his assessment. If an agreement is not reached, he could appeal this to the district. Councilmember Wolfe stated that if this is the best solution and everyone agrees with it, it sounded good to him. Mayor Lund asked how this would work Park Construction is not here to defend themselves. If Mr. Pogatchnik does not get resolution in 30 days, he would need to appeal to the district court which would cost $265 plus serving fees. The other alternative is to make the full assessment, the City withholds payment to Park Construction, and hopefully resolution of this matter will happen in 30 days. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 13 Councilmember Bolkcom stated that Mr. Pogatchnik will not lose anything by leaving the entire assessment in there. This would let him finance the amount over the next 10 years. If we take the amount out, Mr. Pogatchnik will be responsible to pay the full amount. Mr. Pogatchnik stated that he would prefer to leave the amount in the assessment. Tom Hunt, 6700 Kennaston Drive, stated that he signed a contract that there was a one year warranty on the driveway. During the conversation tonight, people are talking about a two-year warranty. Mr. Haukaas stated he would need to check his records. Mr. Hunt stated that in the contract it explains that if there were defects, it would be warranted. The City engineer would have the final decision to fix or not fix the defects. He asked what would be under warranty under the contract. Mayor Lund advised him to see the engineer if there were defects. Councilmember Barnette stated that he spoke with Mr. Hunt on the phone and mentioned that he had a$7,000 assessment. This assessment includes the driveway. Mr. Hunt just wanted to know what would be covered under warranty and for defects and asked if the City charged an administration fee. Mr. Haukaas stated the City does not charge an administration fee. The City Engineer has the final decision in the determination of defects. The City did not see anything that needed a determination, so nothing separate was written. The warranty is for the work on the driveway. The City asked for two years and would hold the contractor to a two-year warranty. Mr. Hunt asked if he had a one or two-year contract on his driveway. Mayor Lund said there is two-year contract. Mr. Hunt stated that he still has an issue on a scar in the driveway. When the contractor came and put the curing compound on, the driveway was not entirely dry and there are some foot prints from the installer on the driveway. He can live with it but would like to see a deduction or repair. Mr. Haukaas stated that they have had a discussion with the contractor and have asked the contractor to work with the homeowner to come to a resolution and bring the solution to staff. Mr. Hunt stated that the City does not give credit for the bottom of the driveway. There is more than $200 difference. In his case it is $518. He asked for the City to take a look at it. He said he did not feel the city spent $500 in working with his driveway. Councilmember Bolkcom asked if Mr. Pogatchnik wanted this objection into the record. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 14 MOTION by Councilmember Bolkcom to enter into the record papers dated October 23, 2006, from Kelly Pogatchnik Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if Mr. Pogatchnik's $1,100 was separated in the assessment. Mr. Haukaas stated that the $1,100 is included in the cost of the driveway. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE , MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 10:20 P.M. 12. Consideration of the Assessment for Street Improvement Project No. 2006-2 MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 10:21 P.M. Richard Pribyl, Finance Director, stated the proj ect pertains to the street milling and overlay on the 2006-3 project. This project pertains to 21 properties on the Matterhorn and 73rd Avenue areas. Total assessed cost including the driveway portion is $148,141.29. Similar to the other assessments, there is a 10-year assessment period at 6'/z% interest. The resolution will follow the public hearings. Councilmember Bolkcom asked if the assessment on this mill and overlay is relatively new. Mr. Haukaas replied that this is the first year of this assessment policy for mill and overlay projects. Essentially any reconstruction project that is not directly related to the installation of new concrete curb and gutter would fall under this assessment policy. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 10:23 P.M. 13. Consideration of the Assessment for the 2006 Nuisance Abatement. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 15 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 10:24 P.M. Mr. Pribyl stated that this is an annual assessment for those properties that the City has expended funds for clean-up and different work proj ects in accordance with the City Code. There are 30 properties involved in this assessment for a total amount of $27,994.05. This particular assessment is a one-year assessment at 6'/z% interest. The total amount of this assessment is $27,994.05. Robert Hartley, attorney for Mr. Amro at 59 Rice Creek Way, presented a statutory objection from Mr. Amro. MOTION by Councilmember Bolkcom to submit the letter from Mr. Amro dated October 23, 2006, info the records. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Attorney Hartley stated this involves the sod in Mr. Amro's front yard. There had been discussion back and forth with the City. Mr. Amro was given an extension to have his front yard sod installed on June 12. The morning of June 12, City officials were at the front yard and Mr. Amro had made arrangements that he was going to go and pick up the sod. The City had also hired another company called Complete Grounds Maintenance and had arranged that company to take a preliminary look at the property and see what was needed. The morning of June 12, Mr. Amro indicated that he was going to sod the property. He had people ready to lay the sod. Mr. Amro left to get the sod and when he came back the Complete Grounds Maintenance people were there putting the sod in. Mr. Amro indicated to them to stop what they were doing. Complete Grounds Maintenance called the police, the police called the City and there was some communication back and forth. It was decided that Complete Grounds Maintenance would pick up the sod they had laid and let Mr. Amro lay the sod he picked up. Mr. Amro is being assessed $985 for sod, $250 for the initial evaluation of the property by Complete Grounds Maintenance and $975 for 13 hours of staff time. The Complete Grounds Maintenance invoice indicated that the City purchased 5 pallets of sod, started installing sod and the j ob was cancelled per the City. Time and materials were to be billed to the City. Mr. Amro is asking that he not pay the invoice or the $250 initial evaluation of the property. Mr. Amro is also asking for a better understanding of the 13 hours of staff time he is being billed for. Mayor Lund asked if staff had documentation of this event. Was it correct that June 12 was the last day of the extension and that happened to be the day that Mr. Amro decided to complete the job. Julie Jones, City Planner, distributed a time line to Council and Mr. Amro. MOTION by Councilmember Bolkcom to enter into the record the information from Julie Jones titled 59 Rice Creek Way. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 16 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Jones stated that the deadline for completing the sod for the rear yard was June 5 and that was an earlier extension that was given to Mr. Amro. At that time, it was discovered that the front yard was also excavated and at that time Mr. Hickok gave Mr. Amro until June 12 to finish the front yard. When staff arrived on June 12, the sod had not been done which is why staff proceeded to have the sod installed that morning. Attorney Hartley stated that there were a couple different issues that were involved with the back yard. The back yard had its own type of issue and the front yard was separate from that. The back and side yard were dealt with in another matter. The grading and sod installation of the front yard was to be done by June 12. Scott Hickok, Community Development Director, stated that this was an abatement which happens after a series of correspondence, time given, and deadlines set. This was a situation where a deadline was set. The rear yard had been severely excavated without the benefit of a grading or land operation permit on Mr. Amro's property. This property is on a lakeshore so Mr. Amro also needs watershed approval before he works on the property. Mr. Amro had been given a number of extensions. Mr. Amro agreed that anything that was not done on June 12 would be and could be completed by the City. Mr. Amro was long overdue. The last deadline had past and the City gave him one more deadline to complete the j ob over the weekend. Mr. Amro said when you come back on June 12, the City can complete if it is not done. On June 12, the sub grade was neatly groomed but there was no sod placed or there to be laid. Our landscape contractor had been on the site and had put sod on order because we told the contractor we would be doing an abatement if and when we got there and it was not done. The morning of June 12, Mr. Amro came to the site and asked for an extension until after lunch to get the front yard sod laid. The City held off and at 12:30 the contractor started to sod the yard. Mr. Amro came back and found the contractor in the yard and began throwing sod out into the street. Mr. Amro chose to order his own load of sod even though the contractor was there. Mr. Amro would have been better to just let the contractor finish the job. Mr. Amro in his haste and anger decided to order his own load of sod and have it delivered to the site. Mayor Lund commented that he was surprised that the police pulled the contractor off the j ob. Mr. Hickok stated that the police thought it was better to have the contractor get off the property. The police thought it was best to defuse the situation and order City staff to leave. Mayor Lund asked if Mr. Amro came to find the city staff there and then ordered the sod. Mr. Hickok stated that Mr. Amro came home mid-morning and after there was no sod by mid- morning, staff was extremely tolerant and allowed him until 12:30 p.m. After lunch, the sod still had not arrived. Councilmember Wolfe asked if this all happened on June 12. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 17 Mayor Lund commented that Mr. Amro was given the weekend to get the j ob done, nothing was done on Monday and Mr. Amro asked for an extension until lunch. Attorney Hartley answered that the sod was ordered and not delivered in the morning. The sod could not be delivered early in the morning so Mr. Amro went to pick it up. Mayor Lund asked Mr. Amro if this was what happened. Mr. Amro answered that he called Scott Hickok in the morning and told him the sod could not be delivered and asked for an extension until after lunch. Mr. Amro had six guys waiting to lay the sod. When the truck did not show up, Mr. Amro decided to go and get the sod. Councilmember Bolkcom asked when Mr. Amro ordered the sod for the front yard. Mr. Amro stated that he ordered the sod the same time he ordered the sod for the back yard. When the sod did not come Monday, they did what they had to do. Councilmember Bolkcom asked when the sod was supposed to be delivered. Mr. Amro replied that the sod could not be delivered on Sunday. That is why he asked for an extension and the City showed up on Monday to install the sod. Councilmember Bolkcom asked for clarification that the sod could not be delivered on Sunday. Mr. Amro stated that everything was ready for the delivery. He was trying to communicate but when he came back with the sod, the City had installed 4 rows of sod. He asked them to pick up the sod and leave. They did not have Mr. Amro's permission to lay the sod. Scott told him no problem; he would get them out of there. By the time the cops arrived there, 75% of the yard was done and Mr. Amro could not reach Scott. He had told Scott previously that he would have the yard ready for sod Monday and if the sod was not delivered they could do it. He did ask for an e�tension until after lunch but did not arrive back with the sod on time so the City started the job. Mayor Lund asked Mr. Amro if he thought the taxpayers should pay for the time and money spent on this issue because he waited until the last second to complete the job. Mr. Amro answered that he pulled the permit and finished the job. It was all completed. All that was left was the front yard. These are two separate issues and it took two days to complete. Mayor Lund stated that a lot more is involved. He understood that Mr. Amro was not aware he needed to pull a permit. Mr. Amro said the tree fell on the house and he wanted to remove the tree and stump. Councilmember Bolkcom commented that the back yard involved more than stump removal. The entire back yard was excavated. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 18 Mr. Amro replied that he had a bobcat remove the stumps. The City showed up and gave him a ticket. They told him he could not do excavation without a permit. He took photographs and pulled a permit and the City gave him time to complete the work The yard was ready and the building inspector came out and said he had two days to finish the job. Mr. Amro thought they should have asked when the job could be completed. He thought two days was unreasonable. Councilmember Bolkcom stated that when you get a building permit, you do not have a year to complete the work. Attorney Hartley asked to get back to the issue of the bill for the sod and City staff time. Mayor Lund stated that Mr. Amro was given ample time to do the work that was needed. Obvious code violations have taken place and there were several options to correct the problems. Mr. Amro did not take any action and this is not the first abatement and not the first time Mr. Amro has worked without permits. There is a history of code enforcement issues. Mr. Amro did more than just remove a stump. He chose to dig out the back yard and to excavate the entire yard. Mr. Amro asked for one last extension until noon and said if it was not done, the City could complete the work. Mr. Hickok stated that excavating the back yard on lake front property can create an erosion problem. Excavating the front yard could expand the risk of erosion. That is why the back yard and front yard are connected in this abatement process. Mayor Lund asked if Mr. Amro understood that the abatement was for the entire property, not just the back yard. Mr. Amro answered that he cut a tree down in the front yard and it looked awful. There was a huge stump in the front yard and he would need to hire a contractor to take out all the trees. There was enough soil to elevate the lawn. Mayor Lund asked what was done with the sod from Mr. Amro's lawn that was removed. Mr. Hickok answered that he was not sure what was done with the sod. Attorney Hartley stated that the contractor probably took the sod back and used it again. Mr. Hickok stated that sod farms do not take sod back once it is sold. Mr. Amro stated that he was trying to get a hold of the contractor to hold off on the sod. Mr. Hickok stated Mr. Amro asked for an extension until noon and that was granted. Councilmember Wolfe stated that if Mr. Amro was given an extension until June 12 to complete the job, June 12th ends at 11:59 p.m. If an extension was granted, he had the entire day to complete the job. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 19 Councilmember Bolkcom stated that Mr. Amro had a discussion with staff and said if the sod was not laid in the morning; the City could go ahead and complete the job. In the morning when the sod was not there, Mr. Amro asked if he could have until noon to get the sod. At 12:30 the City started laying the sod. Mr. Hickok stated the City understood that if it was not done by noon on June 12, the City would complete it. When no sod was delivered by 12:30, the City started the job. Mayor Lund stated that Mr. Amro made an honest attempt to take care of the yard. This certified property also has unpaid water and sewer bills. An officer had the contractor pulled off the job and the sod was not a total waste. Staff time was justified at $975 and the pre-visit from the contractor for $250 in services are legitimate charges. The $980 sod bill could be retracted. Mayor Lund suggested Mr. Amro pay the entire bill less the $980 for the sod. This is an extremely generous offer on behalf of the City. In addition, Council would ask for Mr. Amro to pay his utility bill. Mr. Amro replied that he feels his property is being picked on because his neighbors' yards are also not in good shape. Mayor Lund answered that if he had a legitimate complaint, he should ask staff to look into the situation. Mr. Hickok stated that they are not treating Mr. Amro any different than any other abatement process. Councilmember Bolkcom stated that this is a different situation because he was excavating the entire back yard potentially creating a hazard to Locke Lake and the Mississippi. This is a different situation but an honest mistake. The neighbors had even asked Mr. Amro to stop digging. Mayor Lund proposed that the bill be deducted for the sod and to split the administration costs. Councilmember Bolkcom asked why we would split the administration charges. Mr. Amro should be responsible to pay the penalties and staff time. He had ample time to fix the situation and he should not have waited until the last minute to resolve the issue. The original extension was until June 5. It was then extended to June 12 and then until noon on June 12. City staff should not have to be taking care of his property. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 11:37 P.M. Mayor Lund stated that the delinquent $688 in utility bills will be assessed to the property taxes if not paid in full. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 20 Mr. Amro asked why the City added $250 for an automatic reader meter. Mayor Lund stated that Mr. Amro was charged repeated times because a reader needed to be sent to the property to read the meter. The new meter can be read from the street. A card is sent out to residents, they must fill out the card with the meter reading before the water bill is paid. The utility bill is certified to add to the bill and will charge $250 for auto reader for people who do not pay on time or do not send in meter readings. NEW BUSINESS: 14. Resolution Adopting Assessment for Street Improvement Project No. 2005-3 Motion by Councilmember Bolkcom to adopt Resolution No. 2006-72. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Resolution Adopting Assessment for the 2006 Street Improvement Project No. 2006-1 Motion by Councilmember Bolkcom to adopt the Resolution No. 2006-73. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Resolution Adopting Assessment for the 2006 Street Improvement Project No. 2006-2. Motion by Councilmember Bolkcom to adopt Resolution No. 2006-74. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Resolution Adopting Assessment for the 2006 Nuisance Abatement Motion by Councilmember Bolkcom to adopt the resolution for the 2006 abatement amending the assessment for 59 Rice Creek Way to $1,777.50. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. First Reading of an Ordinance Amending Chapter 114 of the Fridley City Code Pertaining to Abandoned Junk or Unsafe Motor Vehicles. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 2006 PAGE 21 MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. First Reading of an Ordinance Amending Chapter 6, Commissions, of the Fridley City Code Providing for Substitute Members on the Appeals Commission. Mayor Lund stated that this item did not have formal motion to remove it from the table. MOTION by Mayor Lund to remove this item from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mayor Lund to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. Informal Status Reports Mayor Lund stated that the League of Women's Voters will meet Thursday, October 26 at the Community Center at 7:00 p.m. Julie Jones, City Planner, stated that the last recycle drop off is Saturday, October 28. If you have any questions, see the city website or call 572-3594. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 11:43 P.M. Respectfully Submitted by, Krista J. Monsrud Scott Lund Recording Secretary Mayor � � CffY OF FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF NOV 13, 2006 November 7, 2006 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Second Reading of Text Amendment TA #06-02, Appeals Commission Substitutes Background On October 23, 2006, the City Council completed the first reading of text amendment TA # 06-02. This text amendment was initiated to address concerns that the City incorporate into code a longstanding policy where Planning Commission members substitute for Appeals Commission members when a quorum is lacking for meetings. Such language e�sts for Planning Commission substitutes in Chapter 6, but not in the Appeals Commission section of the Chapter. The practice of substituting members when a quorum is lacking allows the City to meet 60-day action law requirements on land use items and also provide good customer service. As we are often struggling, like we are currently, to reach a quorum for meetings with a vacancy on the Appeals Commission, a substitute plan is necessary. No additional recommendations for further review or changes to this text amendment were suggested at the first reading at the last Council meeting. Recommendation Staff recommends that the City Council conduct the second reading of the ordinance approving text amendment TA #06-02 regarding the Appeals Commission substitutes process as written at the November 13 City Council meeting. M-06-134 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, COMMISSIONS, OF THE FRIDLEY CITY CODE PROVIDING FOR SUBSTITUTE MEMBERS ON THE APPEALS COMMISSION The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 6. COMMISSIONS 6.06 APPEALS COMMISSION 1. Title. The Council hereby creates an Appeals Commission to serve as the Board of Appeals and Adjustments and to exercise all authority and perform all functions of said Board pursuant to Minnesota Statutes Sections 462.351 to 462.364. (1980) 2. Substitute Members. At any meetin� of the A�peals Commission, if there is less than a quorum present, the Chair of the Plannin� Commission or the Chair's desi�nee shall serve as a member of the A�peals Commission in that member's absence. And the rest of this section shall be renumbered accordin�y. 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 First Reading: August 28, 2006 Second Reading: Published: � � CffY OF FRIDLEI' T0: FROM: DATE: RE: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 The Honorable Mayor and City Council William W. Burns, City Manager November 7, 2006 Ordinance Amending Chapter 11 Several weeks ago, Fire Chief John Berg reported that our City Attorney had told him that Chapter 11 of our code did not afford him the legal latitude to withhold rental licenses for non- payment of utility bills. I asked Fritz to correct the problem and received the attached ordinance. Staff recommends Council's approval of the second reading of this ordinance. Attachment ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRIDLEY AMENDING CHAPTER 11 OF THE FRIDLEY CODE BY ADDING A SECTION REQUIRING COMPLIANCE WITH ALL ORDINANCES AND LAWS OF THE CITY AS WELL AS THE PAYMENT OF ALL OUTSTANDING FEES OR CHARGES DUE THE CITY PRIOR TO THE ISSUANCE OF ANY LICENSE The City of Fridley does ordain that Chapter 11 of the Fridley City Code is amended by adding a Section 11.13 to read as follows: 11.13 COMPLIANCE WITH STATE AND LOCAL LAW AND PAYMENT OF FEES AND CHARGES. Prior to the issuance of anv license or permit as provided bv this Chapter, the Citv maX determine whether the a�plicant is out of compliance with any state or local law or ordinance enforced bv the Citv. In addition, the Citv mav determine whether the a�licant is in arrears with respect to any fee, tax or utility char�e. If the City determines the a�plicant is out of compliance with any state or local law or ordinance, or that outstandin� balances are due to the City for fees, taxes or utility char�es, the City ma.��y issuance of the license until such time as the A�plicant is in compliance or has paid any such outstandin� balance. An��plicant a��rieved b. t��plication of the section shall, upon written request, be permitted a public hearin� and determination on the fact question of whether there is non- compliance or any outstandin� balance due. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF , 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: October 23, 2006 Second Reading: Publication: � � CffY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 November 7, 2006 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner An Ordinance: Second Reading to Amend Ch. 114 Junk Vehicles (TA #06-03) M-06-131 INTRODUCTION Staff noticed several months ago that our procedures and agreement for the disposal of junk vehicles with Shorty's, the City's contracted towing company, did not match the language in Chapter 114 of City Code. Staff inet with the City's land use attorney, Fritz Knaak. He recommended that the code be updated to match our current practice. Staff proposes amending Chapter 114 to update portions to align the code language with current practices for the disposal of junk vehicles. Additionally, the staff proposes the following changes to the existing code: (1) removing references to a code enforcement officer that no longer exists; and (2) revising references to State Statute numbers to protect the meaning of City Code in the event that State Statute numbers are changed; and (3) discontinuing a requirement to auction towed vehicles. The proposed text amendment aligns the three procedures described above with staff's existing operational practices. PREVIOUS COUNCIL ACTION The Council held a public hearing, to amend Ch. 114 Junk Vehicles, on September 25, 2006. The Council held a first reading, to amend Ch. 114 Junk Vehicles, on October 23, 2006. Council member Bolkcom recommended that Section114.02.2 be simplified. The recommended change is reflected in the attached draft of the code. Staff has verified with the City attorney that this change maintains the intent of the section. STAFF RECOM M ENDATION Staff recommends the Council consider the proposed ordinance TA #06-03, which amends Chapter 114, Junk Vehicles, of Fridley City Code, to align current code language with existing vehicle towing practices. The second reading of the ordinance will be held at the November 13, 2006, City Council meeting. ORDINANCE NO. _ AN ORDINANCE AMENDING CHAPTER 114 OF THE FRIDLEY CITY CODE PERTAINING TO ABANDONED JUNK OR UNSAFE MOTOR VEHICLES The City of Fridley does ordain that Chapter 114 of the Fridley City Code is amended to include language that aligns with existing vehicle towing practices to read as follows: FRIDLEY CITY CODE CHAPTER 114. ABANDONED JUNK OR UNSAFE MOTOR VEHICLES (Ref. 295, 1068, 1093) 114.01. PURPOSE Abandoned junk and unsafe motor vehicles constitute a hazard to the health and welfare of the residents of the community in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well being of children and other citizens. Motor vehicles contain fluids that if released into the environment can and do cause significant health risks to the community. The condition of vehicles that are junked and abandoned, junk or unsafe significantly increase the likelihood that these dangerous fluids might be so released. Abandoned, junk or unsafe motor vehicles and other scrap metals also constitute blight on the landscape of the city and therefore are detrimental to the environment. The abandonment and retirement of motor vehicles and other scrap metal constitutes a waste of a valuable source of useful metal. It is therefore in the public interest that the present accumulation of abandoned, junk or unsafe motor vehicles and other scrap metals be eliminated, that future abandonment of motor vehicles and other scrap metals be prevented, t?��t t�� en��r�� € �ti::,�:x�� :,�xu�, �e:,y�:,x��.� u:,x�t�x�� ,�u� and that other acceptable and economically useful methods for the disposal of abandoned junk or unsafe motor vehicles and other forms of scrap metal be utilized d��. (Ref. 1093) 114.02. DEFINITIONS Abandoned Motor Vehicle. A motor vehicle that has remained outdoors on property within the City for a period of more than 48 hours on public property illegally or has remained for a period of more than 48 hours on private property without consent of the person in control of such property or in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City or a duly authorized agent of the City. A classic car or pioneer car, as defined in Minnesota Statutes, ��-��16��: �� shall not be considered an abandoned motor vehicle within the meaning of this Section. 2. Unsafe Motor Vehicle. Any vehicle located outdoors on property within the city in which any systems including braking, steering, suspension, electrical, lighting, motor, drive train system are not functioning or a vehicle that cannot legally be driven or is in violation of any state, federal or local vehicle equipment or safety regulation including, but not limited to Minnesota statutes ?�9.�ti� �� tio-�s � �.. , �. 3. Junk Motor Vehicle. A motor vehicle that is located outdoors on property in the city that meets any of the following criteria shall be defined as a junk vehicle: A. Any motor vehicle that is not in operable condition. B. Any motor vehicle that is partially dismantled. C. Any motor vehicle that is a source of repair or replacement parts for other vehicles. D. Any motor vehicle that lacks vital component parts. E. Any motor vehicle that is not currently registered and properly licensed for operation with and by the State of Minnesota. 4. Vital Component Parts. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels. Motor Vehicle Definition: A machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transports persons or property or pulls machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles, tractors, 3-wheelers, 4-wheelers and snowmobiles. 114.03. ABATEMENT The City, or its duly authorized agent, may take into custody and impound any abandoned junk or unsafe motor vehicle. A vehicle may be impounded after notice of such proposed impoundment (in a form similar to that set forth herein) has been securely attached to and conspicuously displayed on the vehicle for a period of five days prior to such impoundment excluding Saturdays, Sundays and city holidays for the following reasons: A. When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or B. When such vehicle is abandoned, junk or unsafe. 114.04. VEHICLES IMMEDIATELY SUBJECT TO PUBLIC SALE When an abandoned motor vehicle is more than seven (7) model years of age, lacks vital component parts and does not display a license plate currently valid in Minnesota or in any other state or foreign country, it shall immediately be eligible for sale b_y a duly authorized agent of the Cityo ur at public auction and shall not be subj ect to the notification or reclamation procedures established by this Chapter. 114.05. NOTICE 1. When an abandoned motor vehicle does not fall within the provisions of Section 114.04, the City shall give notice of the taking within ten (10) days. The notice shall set forth the date and place of the taking, the year, make, model and serial, number of the abandoned, junk or unsafe motor vehicle and the place where the vehicle is being held, shall inform the owner and any lienholders of their right to reclaim the vehicle under Section 114.06 and shall state that failure of the owner or lienholders to exercise their right to reclaim the vehicle shall be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to Section 114.07. 2. The notice shall be sent by mail to the registered owner, if any, of the abandoned, junk or unsafe motor vehicle and to all readily identifiable lienholders of record. The notice shall be mailed to the registered owner at the address provided by the motor vehicle division of the Minnesota Department of Public Safety or the corresponding agency of any other state or province. A copy of such notice may be sent to the property owner where the vehicle is found. If the person mailing the notice has reason to believe that the registered owner of the vehicle, or one who claims to be the registered owner of the vehicle, is residing or in custody at some different address, a copy of the notice shall be mailed or personally delivered to such owner or claimant in a manner designed, as nearly as may be practicable, to give actual notice to him or her. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned junk or unsafe. Published notices may be grouped together for convenience and economy. 114.06. RECLAIM 1. The owner or any lienholder of an abandoned, junk or unsafe motor vehicle shall have a right to reclaim such vehicle from the City upon payment of all towing and storage charges resulting from taking the vehicle into custody within fifteen (15) days after the date of the notice required by Section 114.05. 2. Nothing in this Chapter shall be construed to impair any lien of a garagekeeper under the laws of this State, or the right of a lienholder to foreclose. For the purposes of this Section, "garagekeeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles. 3. To reclaim a motor vehicle impounded pursuant to this ordinance, the owner or lienholder must pay any costs and administrative fees incurred by the city and must agree to relocate the vehicle in accordance with local state and federal regulations. The owner or lienholder reclaiming such vehicle shall sign a"Release of Property" and shall agree to immediate impoundment without notice if such vehicle again violates this section. In addition, the City may require a bond to be posted if said vehicle has been subject to a prior impoundment. 114.07 HEARING Any property owner who feels aggrieved by an impoundment of a vehicle under this chapter may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the Community Development Director within twenty (20) days after the date of service of the notice by the Cit� r��'° �'�� r�°m°�* r'��°r. The Community Development Director shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than twenty (20) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and the city may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or modify the order of the City r,,,ao �„�,,,-,.o,�,o„+ n��;,.o,- Notice of the decision shall be mailed to the owner at the address given in the hearing request. The Hearing Examiner's order shall be accompanied by written findings of fact, and may include a finding of fact as to the violation of this chapter. Any person aggrieved by the decision of the Hearing examiner may appeal that decision to the City Council by filing notice of such appeal with the Community Development Director within twenty (20) days of the mailing of the Hearing Examiner's decision. At its next available regular meeting following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. If the Council affirms the Hearing Examiner's decision declaring that a violation of this chapter exists, the City shall proceed to sell the vehicles after twenty (20) days following the Council's final determination, unless the property owner obtains a court order to the contrary within said twenty (20) days. 114.08. PUBLIC SALE 1. An abandoned, junk or unsafe motor vehicle taken into custody and not reclaimed under Section 114.06 becomes the �ropertyo uf the duly_authorized agent of the City or shall be sold to the highest bidder at public auction or sale, following notice published a reasonable time in advance. The purchaser shall be given a receipt in a form prescribed by the City, which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. 2. Disposing of unsold vehicles. Abandoned vehicles not sold pursuant to subdivision 1 shall be disposed of in accordance with Minnesota Statutes ?��B.�J� �r� ?-��B.�J�. 3. Disposition of sale proceeds. From the proceeds of the sale under this section of abandoned motor vehicles, the City shall reimburse itself for the cost of towing, preserving and storing the vehicle and all administrative, notice and publication costs incurred in handling the vehicle pursuant to sections 114.01 to 114.09. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in the treasury of the unit of government. 114.09. DISPOSAL AUTHORITY 1. Units of government. The city may contract with others and may utilize its own equipment and personnel for the inventory of abandoned motor vehicles and abandoned scrap metal, and if no bids are received, may utilize its own equipment and personnel for the collection, storage and transportation of abandoned motor vehicles and abandoned scrap metal; provided, however, that a unit of government may utilize its own equipment and personnel for the collection and storage of not more than five abandoned motor vehicles without advertising for or receiving bids in any 120 day period. 114.10. PENALTIES Any person who abandons a motor vehicle on any public or private property, without the consent of the person in control of such property, or is otherwise in violation of this Chapter, is guilty of a misdemeanor and is subject to all penalties provided for such violations in Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 200 . Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: September 25, 2006 First Reading: October 23, 2006 Second Reading: November 13, 2006 Publication: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 114 OF THE FRIDLEY CITY CODE PERTAINING TO ABANDONED JUNK OR UNSAFE MOTOR VEHICLES AND SUMMARY. I. Title An ordinance of the City of Fridley, Minnesota, to amend the Fridley City Code for Abandoned Junk or Unsafe Motor Vehicles code and to align code language with existing practices. II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 114 is hereby amended to update portions of this chapter to match the code language with current practices for the disposal of junk vehicles. Additionally, the following changes have been made to the existing code: (1) removing references to a code enforcement officer that no longer exists; and (2) revising references to State Statute numbers to protect the meaning of City Code in the event that State Statute numbers are changed; and (3) discontinuing a requirement to auction towed vehicles. III. Notice This title and summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Abandoned Junk or Unsafe Motor Vehicles code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: September 25, 2006 First Reading: October 23, 2006 Second Reading: November 13, 2006 Published: CITY OF FRIDLEY PLANNING COMMISSION OCTOBER 18, 2006 CALL TO ORDER: Chairperson Savage called the Planning Commission meeting to order at 7:29 p.m. ROLL CALL: Members Present: Brad Dunham Leroy Oquist Diane Savage David Kondrick Larry Kuechle Barbara Johns Others Present: Scott Hickok, Community Development Director Rachel Harris, Environmental Planner APPROVE PLANNING COMMISSION MEETING MINUTES: September 6, 2006 MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to approve the minutes as presented. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 1. PUBLIC HEARING: Consideration of a Vacation, SAV #06-02, by City of Fridley HRA, for a street vacation for portions of 3rd Street, 57t'' Place, 57 �/z Avenue NE in between 2 �/z Street and University Avenue, generally located in the Hyde Park Neighborhood. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING OPENED AT 7:31 P.M. Rachel Harris, Environmental Planner, stated for this vacation the Fridley Housing and Redevelopment Authority is seeking to vacate portions of 57th Place, 57'/z Street and 3rd Street lying easterly of 2'/z Street NE and terminating at the University Avenue right-of-way. This vacation will accommodate the plat of Gateway West, Second Addition, redevelopment project. This property is currently owned by the City of Fridley and the Fridley HRA. The residual land after the vacation will be used in the Gateway West Second Addition plat and is comprised of vacated right-of-way. The street vacation parcels are located in the Gateway West Second Addition. The First Addition is the northern portion of the plat and the Second Addition is the southern section of the Gateway West plat. Ms. Harris stated the Planning Commission reviewed the preliminary plat for the Gateway West redevelopment project on November 2, 2005; and the City Council approved the preliminary plat on November 21, 2005. In previous Commission and Council action, the Council approved the Blaine builder, Blue Print Homes, in 2005; and this builder will construct a total of 16 homes. There will be 7 single-family homes in the First Addition of the Gateway West plat and then there will be 9 single-family homes in the Second Addition of the Gateway West plat. Problems did arise with the legal description on the Second Addition. Ms. Harris stated the City Council decided to approve the First Addition, or northern block, of the final plat. The builder already has completed construction on two homes and has begun three others in the First Addition of the Gateway West plat. The Gateway West plat, Second Addition, will be brought before the Council on November 13, 2006. Staff recommends approval of this vacation request because this street vacation will allow continuation of the Gateway West proj ect. Commissioner Kuechle asked for a little history as to how this happened. Scott Hickok, Community Development Director, replied this was a plat that goes back to the turn of the century, pre-1900. In the process of platting the lower portion, the Second Addition of the plat, it was determined there were residual pieces that were thought to have been vacated at some time in the distant past but did not get vacated. In doing this and to provide the cleanest, clearest plat possible, staff has recommended they go back and clear up any of these old pieces. There are about three different ways the legal description has been interpreted on the vacation and, as a result of that, the City's legal counsel, surveyor, and the Anoka County surveyor have all gotten together and determined it was best to go through the vacation. Commissioner Kondrick asked if anybody has written or called in any comments? Mr. Hickok replied, no. The builder is very excited to have the southern lots for sale because his sales are going very well. Chairperson Savage asked whether there were any homes being taken down? Mr. Hickok replied, no. This is the block that has already been cleared for the southern nine units in the Gateway West. The homes are cleared and the land is cleared. The only thing left on that southern block is the final plat and this cleanup vacation piece. Dave Rust, 5735 Quincy Street NE, asked if Third Street is going to be closed? 2 Mr. Hickok replied Third Street will remain open. Nothing will look different after this vacation. The piece that crosses Third Street is being done to make certain that all the records are cleared. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:42 P.M. MOTION by Commissioner Jones regarding SAV #06-02, by City of Fridley HRA, approving street vacation for portions of 3rd Street, 57th Place, 57 '/z Avenue NE in between 2'/z Street and University Avenue, generally located in the Hyde Park Neighborhood. Seconded by Commissioner Kuechle. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 2. Consideration of Approval of the 2007 Planning Commission Dates. MOTION by Commissioner Kondrick, seconded by Commissioner Oquist, to approve 2007 Planning Commission Dates. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 3. Receive the Minutes of the September 11, 2006, Parks & Recreation Commission Meeting. MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to receive the minutes as presented. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 4. Receive the Minutes of the August 8, 2006, Environmental Quality & Energy Commission Meeting. MOTION by Commissioner Jones, seconded by Commissioner Kuechle, to receive the minutes as presented. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 5. Received the Minutes of the August 3, 2006, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Oquist, seconded by Commissioner Jones, to receive the minutes as presented. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. Receive the Minutes of the September 12, 2006, Environmental Quality & Energy Commission Meeting. MOTION by Commissioner Jones, seconded by Commissioner Kuechle, to receive the minutes as presented. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. OTHER BUSINESS: Ms. Harris stated at a recent Appeals Commission meeting, regarding 6106 Sixth Street, Ms. Schween had requested a variance to move her garage. As a result of that, staff and the Appeals Commission had recommended denial of the variance to be within 8 feet of the corner instead of the required 17.5 feet. Commissioner Kondrick asked if they have heard anything from Ms. Schween about relocating her garage where she would not need a variance? Ms. Harris stated she heard Ms. Schween left a voicemail on Ms. Stromberg's phone stating she has withdrawn her variance request. Ms. Harris stated there are four updates from the September 25, Council meeting. The Mayors Climate Protection Agreement was addressed at that meeting. Council reviewed the resolution and tabled the item. They requested that staff work with the two residents who brought forth the resolution to create a more generic document, one without references to a j oint democrat- republication version of climate protection. There is a bill before Congress and they did not want any reference to that. They also wanted to remove any reference to the KYOTO protocol. Also there is a need to emphasize that the City is going to work towards emission reduction measures as time and staff permit. They still want to bring it back at the next Council meeting and review the revised document at that point. Ms. Harris stated that for the SUP #06-04, Brent Anderson d/b/a BDA Development Company, the Council did approve the SUP and followed the Commission's recommendation. Also, Chapter 114, Junk Vehicle, Text Amendment #06-03, that was a public hearing at the last Council meeting on September 25. Lastly, the plat #06-01, that was submitted by John Alum of Industrial Equities was approved as submitted. � Mr. Hickok stated regarding the Central Auto Parts item came through the process recently and was before the Council to have their special use permit reconsidered because of non-compliance with some of the stipulations that were placed on the project back in 2003. As a result of that, the old special use permits were revoked. There is a new special use permit, very tightly written, that they believe will lead to some very good things. There has been a great deal of cooperation from the owner of the property to sell the property to the operator of the land, and the operator has given the City a commitment to meeting this series of deadline. That will be the complete site plan including parking, storage areas, screening, and land alteration permit would be submitted yet this year. There will be a landscape plan including irrigation for staff review and approval which would happen this year. They will install a first phase grading and drainage plan by June 1, 2007. They are going to have a very large holding pond in the center of where the existing yard is at Central Auto Parts that will need to be installed by June 1, 2007. Screening fence on the south side needs to be moved back, it was set out too far on the public right-of-way, and the City has asked them to improve that to match consistently all the way around so there is not different types of fences. They were going to install a second phase of grading and drainage which includes curb, gutter, asphalt, and landscaping around the remainder of the site so that it will no longer be gravel. Also, install landscaping and irrigation by June 1, 2008. Finally, the stipulation that they follow all City code associated with the business, not limited to outdoor storage, parking, screening and drainage. Any violation of these stipulations could cause that business to have its special use revoked and the business to be done in that location. The City is optimistic that all is going well, they are going to meet that deadline, and have a very improved version of Central Auto Parts by 2008. ADJOURNMENT: MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to adjourn the meeting. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 7:53 P.M. Respectfully submitted by, Denise M. Johnson Recording Secretary DRAFT CITY OF FRIDLEY PLANNING COMMISSION MEETING NOVEMBER 1, 2006 CALL TO ORDER: Chairperson Savage called the Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Leroy Oquist Diane Savage David Kondrick Dean Saba Larry Kuechle Members Absent: Brad Dunham Barbara Johns Others Present: Julie Jones, Planning Coordinator APPROVE PLANNING COMMISSION MEETING MINUTES: October 18, 2006 MOTION by Commissioner Kondrick, seconded by Commissioner Oquist, to approve the minutes as presented. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP#06-09, by Amtech Lighting, to allow a changeable electronic sign in a C-1 zoning district at the property, generally located at 6485 East River Road NE. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Kuechle. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:32 P.M. Julie Jones, Planning Coordinator, stated the petitioner is Amtech Lighting on behalf of Croix Oil Company. The petitioner is requesting a special use permit to have an automatic changeable sign for the gasoline pricing portion of their new freestanding sign at the BP gas station at 6485 East River Road. This sign has already been installed due to a staff oversight. Once the sign was installed, staff immediately brought it to the attention of the sign contractor and they did respond immediately as well as the property owner and did everything within their power to get staff an application right away at the next available deadline and have been very apologetic about the oversight themselves. Ms. Jones stated the freestanding sign is right on the corner of the property which is zoned G1 Local Business so the commercial sign requirements in our sign code apply to this property. The station store was built in 1991. The sign permit for the existing freestanding sign was issued this past July, and the sign was installed some time later. Staff is pleased with the appearance of the new sign. The automatic changeable signs are an approved special use in our sign code in any zoning district except residential. The sign message on these types of signs is only allowed to change once every 45 seconds. The existing sign is 79.65 square feet (just within the 80 foot maximum allowed for this type of zoned district). The sign is located more than 50 feet from the residential district both across East River Road and directly to the east of this property. That LED portion of the sign can only be used for numbers for gas pricing. It cannot feasibly be used to display a word message. Ms. Jones stated staff does recommend approval of this special use permit #06-09 with stipulations not that the proposal does meet all the requirements within the sign code. The stipulations proposed are standard to these types of special use permits and are as follows: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on the site. 2. Message on L.E.D. section of sign cannot change more often than allowed by City Code. The message on LED section on the sign can never flash or have motion that may distract vehicular traffic in the area. Duane Downey, Amtech Lighting, and Kevin Koenig, Croix Oil Company, approached. Mr. Downey stated the L.E.D. lighting is the growing trend in the gas station business because of the liability of the old changeable copy letters. Commissioner Kondrick asked them whether they were okay with the stipulations. Mr. Downey and Mr. Koenig both replied, yes. Commissioner Savage asked Ms. Jones whether staff has heard any adverse comments about this. Ms. Jones replied, no. No one else was present at the hearing to address the Commission on this item. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Kondrick. 2 UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:38 P.M. MOTION by Commissioner Saba approving Special Use Permit, SP#06-09, by Amtech Lighting, to allow a changeable electronic sign in a G1 zoning district at the property, generally located at 6485 East River Road NE with stipulations as submitted. Seconded by Commissioner Kondrick. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP#06-10, by Amtech Lighting, to allow a changeable electronic sign in a C-2 zoning district at the property, generally located at 5695 Hackmann Avenue NE. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Kondrick. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:39 P.M. Julie Jones, Planning Coordinator, stated the petitioner is requesting a special use permit to have an automatic changeable sign for the gasoline pricing portion of an existing freestanding sign at the Holiday station store at 5695 Hackmann Avenue NE. This property has been used as a service station since the 1950's and is zoned C-2, General Business, so the commercial sign requirements of the sign code would apply. The current station store was built in 1999, and a sign permit for the existing freestanding sign was issued that same year. Petitioner is proposing to replace the pricing portion of the sign. Ms. Jones stated Code allows automatic changeable signs as an approved special use in any zoning district except residential. The sign message cannot change any more often than once every 45 seconds. This existing sign is 77.5 square feet, so it is within the 80 square feet maximum allowed for this zoning district for a freestanding sign. The sign is located more than 50 feet from the residential property to the south and the residential property to the east. The sign is only capable of displaying pricing and is not capable of displaying word messages. Staff recommends approval of this special use permit with the following stipulations: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on the site. 2. Message on L.E.D. section of sign cannot change more often than allowed by City Code. 3. The message on LED section on the sign can never flash or have motion that may distract vehicular traffic in the area. 3 Commissioner Kondrick asked if the City has thought about standardizing the size of the numbers/letters? Ms. Jones replied there has not been any discussion and her first thought is it would depend on how close the sign is to the roadway and that may make it difficult to put a limitation on the size. Mr. Downey approached as representative for Holiday Station stores. He stated it probably is not a bad idea to limit the size, i.e. 30-inch letters, because they could get rather large. Chairperson Savage asked if he had any problems with the stipulations? Mr. Downey replied, none at all. No one else in the audience chose to address the Commission on this issue. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Kuechle. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:48 P.M. MOTION by Commissioner Saba approving Special Use Permit, SP#06-10, by Amtech Lighting, to allow a changeable electronic sign in a C-2 zoning district at the property, generally located at 5695 Hackmann Avenue NE with stipulations as submitted. Seconded by Commissioner Kuechle. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 4. RECEIVE THE MINUTES OF THE SEPTEMBER 7, 2006, HOUSING & REDEVELOPMENT AUTHORITY MEETING. MOTION by Commissioner Kondrick, seconded by Commissioner Oquist, to approve the minutes as presented. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. OTHER BUSINESS: Ms. Jones stated, for several months, staff has been working on Text Amendment 06-02 of the City Code relating to the Commissions, particularly the section to the Appeals Commission and substitutes for it. Because of the 60-day action law and wanting to keep applications moving forward and meeting the 60-day requirement of processing them, when the City does not have a quorum on either Planning Commission or Appeals Commission, they want to have substitutes � from the other fill in so there can still be a meeting. That is specified in Chapter 6 of the City Code in regards to the Planning Commission but is not addressed under the Appeals Commission. So even though it has been an ongoing policy, a couple of the councilmembers felt that it should be put in writing. The City is proposing to state that at any meeting of the Appeals Commission, if there is less than that a quorum present, the Chair of the Planning Commission or the Chair's designee shall serve as a member of the Appeals Commission in that member's absence. The Chair will be called first and then they will go down the line. The second reading for this text amendment is expected November 13. Ms. Jones also talked about another Text Amendment to Chapter 14 (Junk Vehicle Code) which is coming back for Second Reading on November 13. This is regarding the City's contract with the towing company to dispose of junked vehicles that do not get claimed. The Code actually states that the City needs to sell those at public auction and they have not done that traditionally for a number of years. So they are proposing a text amendment for the Code to actually match what our actual practice is and our contract arrangement is with our contractor. Ms. Jones stated that at the last Council meeting, they had the assessment hearing for public nuisance abatements, which is capturing some folks' attention because the City does have a record dollar amount of assessments for public nuisances this year. That is, in part, she thinks, because the staff has been a little more aggressive on dealing with some of these problems that we have out in the community, but do not get resolved by our standard practice of sending letters and people voluntarily complying with outside storage issues, etc. A big part of why they are seeing some higher numbers is because of the high number of foreclosures they have seen this year in homes and a lot of people abandoning homes and leaving junk strewn in the yards, not mowing their yards, and nobody taking responsibility for a number of months. The City has about $28,000 of nuisance abatements that have not been paid that will now be assessed to the 30 properties that were involved. ADJOURNMENT: MOTION by Commissioner Oquist, seconded by Commissioner Saba, to adjourn the meeting. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 7:59 P.M. Respectfully submitted by, Denise M. Johnson Recording Secretary � � CffY OF FRIULEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF NOV. 13, 2006 November 6, 2006 William Burns, City Manager �� Scott Hickok, Community Development Director Julie Jones, Planning Manager Extension of SP #OS-04 to allow a telecommunications facility at 8290 Main Street Background City staff has received a request from Sprint to extend the term of the special use permit SP #OS-04 granted by the City Council on December 5, 2005 to allow a telecommunications facility at a M-3 heavy industrial site located at 8290 Main Street. Sprint, the petitioner, explains that they are having difficulty meeting two of the stipulations of the special use permit related to grading and drainage of the site. They are in the process of working with a second engineering firm to fnd a solution to the storm water runoff problems. Staff has witnessed progress in regards to screening at the site, so there is evidence that the petitioner is moving forward with the project. Recommendation Staff recommends that the City Council grant a 12-month extension to SP #OS-04 to allow the petitioner and property owner more time to develop a storm water management plan. M-06-136 29 October 6, 2006 Scott Hickok Community Development Director 5431 University Avenue NE Fridley, MN 55432 Re: Sprint PCS Requesting an Extension of its SUP for 8290 Main Street Dear Mr. Hickok: On behalf of Sprint PCS, I would like to request a 90-day extension to the Special Use Permit the City granted on December 5, 2005 (SP#OS-04), which allows a wireless telecommunication facility (125' monopole) to be place at 8290 Main Street. Sprint needs the extension because it is having difficult complying with the following conditions: 13. A grading and drainage plan shall be submitted and approved by City engineering staff prior to issuance of a building permit for the tower, to alleviate existing storm water problems. and 14. Necessary storm water flow controls and curing, as required in the M-3 code, will be installed prior to issuance of a building permit for the telecommunications tower. Sprint is currently working with a second engineering design firm on a solution for the existing storm water problem. If you have any questions or if an extension is not possible, please do not hesitate to contact me at 612-702-5065. Sincerely, Steve Edwards Cc: Don Kasbohm � � � CffY OF FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF NOV. 13, 2006 November 7, 2006 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Special Use Permit SP #06-09 for an electronic changeable sign at 6485 East River Rd. Background Amtech Lighting, as petitioner for Croix Oil Company, is requesting approval of a special use permit, under Section 214.07 of the City of Fridley sign code, for an automatic changeable sign for the BP gas station (formally a Spur gas station) at 6485 East River Road NE. The entire face of the 80 square foot, free- standing, pylon sign at this gas station was recently replaced due to the change in the station's name. In July of this year, staff had issued a sign permit for that free-standing sign, without recognition of the electronic section of the sign. As soon as the sign was installed, staff recognized the error and notified the sign contractor that a special use permit is required in Fridley for electronic, changeable signs. The sign contractor and station owner immediately worked to correct the error and submitted a special use permit application by the next deadline. The petitioner's application is complete and the installed sign meets all of the applicable sign code requirements. Commission Action The Planning Commission held a public hearing on this item on November 1. No one appeared from the public to object. The Commission unanimously recommended approval of this special use permit with the stipulations as recommended by staff in the attached report. Recommendation Staff concurs with the action of the Planning Commission to approve SP #06-09 for an electronic changeable sign at 6485 East River Road. M-06-135 City of Fridley Land Use Application SP #06-09 GENERAL INFORMATION Applicant: Amtech Lighting for Croix Oil BP Gas Station 6485 East River Rd NE Fridley, MN 55432 Requested Action: Special Use Permit for an automatic changeable sign Existing Zoning: C-1, Local Business Location: 6485 East River Rd NE Size: 34,845 sq. ft. Existing Land Use: Gasoline Station Store Surrounding Land Use & Zoning: N: R-1: single family residential & C-2: Auto body shop E: R-1: single family residential S: R-1: single family residential W: R-3 & R-1: low & moderate density residential Comprehensive Plan Conformance: Consistent with Plan Building Code Conformance: Conforming building according to State Building Code Zoning/Permit History: 1950 — Subdivision recorded 1969 — Gas station built 1991 — Old gas station demolished 1991 — New gas station built 1991 - Pylon sign permit issued 2006 — Pylon sign replacement permit issued Legal Description of Property: Lots 10 & 33 Revised Auditors Subdivision No. 23, except road, subject to easement of record Public Utilities: Building is connected Transportation: The property receives access from East River Road and Mississippi St. Physical Characteristics: October 25, 2006 SPECIAL INFORMATION Lot is fairly flat and level with East River Road with typical commercial SUMMARY OF REQUEST Petitioner requests SUP to allow an automatic changeable L.E.D. gas pricing sign, which was recently installed as part of a permitted permanent sign face replacement. The submitted drawings for a new sign face included a reference to a LED changeable gas pricing panel in one section of the pylon sign proposal, which staff mistakenly overlooked. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit request. • The proposed use is an approved special use in the sign code, provided the message does not change more often than once every 45 seconds. CITY COUNCIL ACTION / 60 DAY DATE City Council — November 13, 2006 60 Day Date — November 27, 2006 Staff Report Prepared by: Julie Jones SP #06-09 BP Gas Electronic Sign Request Amtech Lighting, as petitioner for Croix Oil Company, is requesting approval of a special use permit, under Section 214.07 of the City of Fridley sign code, for an automatic changeable sign for the BP gas station at 6485 East River Road NE. The entire face of the 80 square foot, free- standing, pylon sign at this gas station was recently replaced due to the change in the station's name. The sign contractor, Amtech Lighting, had labeled the L.E.D. portion of the proposed sign face on the dimensional drawings submitted with the recent sign permit. However, staff failed to recognize the notation on the drawings and approved the sign permit. The contractor had not applied for a special use permit as required by Fridley City Code. When the sign was installed, staff realized the error and need for special use permit and immediately contacted the sign contractor. The Sign contractor promptly worked with their client to submit the special use permit application by the next deadline. Due to worker liability and the volatility of gasoline prices, we are seeing many gas stations converting the gas pricing sections of existing pylon signs to these LED-type signs. The manager of this station on East River Road explained to staff that the Minnesota climate also makes it difficult to manually change prices — now sometimes several times a day — as the cold weather makes the changeable panels brittle. Being close to a busy roadway also creates a danger to motorists, as the changeable panels can easily fall and be taken by the wind. Therefore, many store owners are choosing to convert existing manual changeable signs to the LED-type to reduce their liability. The property is zoned C-1, Local Business, so the commercial sign requirements apply to the property. The petitioner had also recently received sign permits for the wall signs on the property, but the pylon sign is the only sign that is referred to in this report. � ��:�v r � �� i�� .� � � �� ` �� _m �r� A� � ! �� R i � �, �� u � ,, � � .' �� ......... ......... . Y �1��SIF'P� UI�A' �C� � � ' - �� ;� �� ,C �� -� �� 1--a �� '� � �� `� �4T� Il1lAY ' H1St0I'y The subject property was originally platted in 1950, and, at one time, included two separate parcels. One parcel contained a gas station, which was built in 1969. The other parcel contained a single family home and garage, which were later demolished to made way for a Spur gas station, which was built in 1991. In 1991, the station owner was also granted a new sign permit for the former Spur pylon sign. The current pylon sign was granted by permit this past July and was just recently installed. Analysis Automatic changeable signs are an approved special use in any zoning district, except residential, provided the message does not change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for that district. One of these requirements is that the total square footage of a free standing sign cannot exceed 80 sq. ft. in size. The newly-approved, existing pylon sign is 79.65 sq. ft. in size. It is the only free standing sign on the property. A permit was issued for it on July 18, 2006, and it meets all of the other current sign requirements for a commercial district. Although the sign does appear to be placed in the public right of way, it is actually located 10' inside the property line, which is between East River Road's curb and the outer edge of the sidewalk in the area of the sign base. See the enclosed 1991 site plan drawings for more detail. Staff has also confirmed that the sign is more than 50 feet from the residential areas around the property. The new pylon sign is 79.65 square feet in size. The portion of the sign dedicated to the electronic portion of the sign for pricing is 33.11 square feet of the total size. The petitioner has indicated that the electronic portion of the sign is only capable of displaying numbers and cannot be used for other types of word messages. Previous pylon sign Current newly installed pylon sign with electronic changeable section Staff Recommendation City Staff recommends approval of the special use permit for SP #06-09, with stipulations. • Automatic changeable signs are an approved special use in the C-1 zoning district, provided the message does not change more often than once every 45 seconds and provided the total square footage of the free standing sign does not exceed 80 sq. ft. per development. Stipulations Staff recommends the following stipulations be attached to the approval of the above land use requests: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. section of sign cannot change more often than allowed by City Code. 3. Message on L.E.D. section of sign can never flash or have motion that may distract vehicular traffic in area. 2 � � CffY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 November 7, 2006 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Special Use Permit SP #06-10 for an electronic changeable sign at 5695 Hackmann Avenue M-06-132 INTRODUCTION Amtech Lighting, as petitioner for Holiday Companies, is requesting approval of a special use permit, under Section 214.07 of the City of Fridley sign code, for an automatic changeable sign for the Holiday Station Store at 5695 Hackmann Avenue. The petitioner requests an SUP to allow an automatic changeable L.E.D. gas pricing sign that will take the place of the manually changeable gas pricing section on the existing pylon sign. The sign permit for the existing 77.5 square foot, free-standing pylon sign was obtained in 1999. The petitioner's application is complete and the proposed sign meets the applicable sign code requirements. PLANNING COMMISSION ACTION The Planning Commission held a public hearing on November 1, 2006, to review the special use permit SP #06-10 for an electronic changeable sign at 5695 Hackmann Avenue. No one from the public submitted any objections. The Commission unanimously recommended approval of this special use permit with the stipulations as recommended by staff in the attached report. STAFF RECOM M ENDATION Staff concurs with the action of the Planning Commission to approve SP #06-10 for an electronic changeable sign at 5695 Hackmann Avenue. City of Fridley Land Use Application SP-06-10 October 26, 2006 GENERAL INFORMATION Applicant: Amtech Lighting Services for Holiday Station Stores 6077 Lake Elmo Ave N Stillwater, MN 55082 Requested Action: Special Use Permit for an automatic changeable sign Purpose: To replace existing manually adjustable price sign with an electronic (LED) price sian. Existing Zoning: C-2 (General Business) Location: 5695 Hackmann Ave. Size: 60,220 square feet 1.38 acres Existing Land Use: Motor vehicle fueling station. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Multi-Family & R-3 W: Hwy 65 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 214.07 of the City of Fridley sign code requires a special use permit for an automatic changeable sign. Zoning History: 1959 — Lot is platted 1959 — Gas station constructed 1975 — Lot re- zoned from C-1 to C-2, but the zoning maps were never updated 1999 — Current station built and pylon sign permit issued Legal Description of Property: Part of Lot 1, Auditors Subdivision No. 25. Public Utilities: The building is connected. Transportation: SPECIAL INFORMATION Hackmann Avenue provides vehicle access to the site. Physical Characteristics: North %2 of lot contains a gas station south %2 of lot is undeveloped, in a natural state, covered with grasses, ash, elm, and cottonwood trees. South %2 of lot is approximately 5' lower in elevation than the north %2 of the lot. SUMMARY OF PROJECT Petitioner requests a SUP to allow an automatically changeable L.E.D. gas pricing sign in place of the existing manually changeable gas pricing section of the existing pylon sign in an area zoned for general business use. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. • The proposed use is an approved special use in the sign code, provided the message does not change more often allowed by City Code. CITY COUNCIL ACTION/60 DAY SCHEDULE Planning Commission - November 1, 2006 City Council - November 13, 2006 60 Day Date - November 27, 2006 Staff Report Prepared by: Rachel Harris ANALYSIS REQUEST Amtech Lighting, as petitioner for Holiday Companies, is requesting a special use permit to allow replacing the existing gas price sign with an electronic LED pricing sign. This property is zoned C-2 for general business use. It is located at 5695 Hackmann Avenue and is currently used as a Holiday Station Store. Existing Gas Price Sign (Viewfrom Hackmann Ave looking south) HISTORY This property has been used as a service station since the 1950's. In 1975, the property was re- zoned from C-1 to C-2, but the zoning maps were never updated. Though the City zoning maps identify the property as being zoned C-1, the property in question is actually zoned C-2. The current occupant, built in 1999, is a Holiday Station Store with an attached car wash totaling approximately 4,466 square feet in size. Four fueling stations, with the ability to fuel up to eight vehicles simultaneously, are located perpendicular to the store front. These fueling islands are covered by an overhead canopy. The sign permit for the existing pylon sign was also obtained in 1999. ANALYSIS Petitioner requests an SUP to allow an automatic changeable L.E.D. gas pricing sign in place of the existing manually changeable gas pricing section of the existing pylon sign. The proposed LED price sign is similar to an LED gas price sign approved by the City in 2005 for the Holiday gas station on 57th Ave in Fridley. This sign will not flash or scroll. The sign will display gas pricing numbers only and is not capable of displaying other messages. Automatic changeable signs are an approved special use in any zoning district, provided the message does not change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for that district. One of these requirements is that the free standing sign on which the sign will be included cannot exceed 80 sq. ft. in size. The existing pylon sign is 77.5 sq. ft. in size. It is the only free standing sign on the property. A permit was issued for it in 1999, and it meets all of the other current sign requirements for a commercial district. It is noted that the sign is also more than 50 feet from a residential district. Location of property Resident Concerns / Questions To date, City staff has received zero letters of comment from the surrounding neighbors concerning the special use permit for an LED price sign for this property. RECOMMENDATIONS City Staff recommends approval of this special use permit, with conditions. LED price signs are permitted with a special use permit in C-2 zoning districts. Staff recommends approval, with stipulations, of the proposed Holiday LED price sign since it complies with the requirements for the special use permit. STIPULATIONS Staff recommends that the Planning Commission approve the special use permit subject to the following stipulations: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. section of sign cannot change more often than allowed by City Code. 3. Message on L.E.D. section of sign can never flash or have motion that may distract vehicular traffic in area. � � CffY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 November 8, 2006 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Resolution approving Final Plat, PS #05-08, 2nd Addition, Blue Print Homes M-06-137 INTRODUCTION On November 2, 2005, the Planning Commission considered plat request PS #05-08, by Blue Print Homes. Blue Print Homes received preliminary plat approval from the City Council on November 21, 2005 to replat portions of Block 2, City View Addition and portions of Blocks 12 and 28, Hyde Park Addition, generally located between 57th Place and 61 St Avenue and 3�a Street and University Avenue. The purpose of this preliminary plat approval is to create 16 new single family lots for the Gateway West redevelopment project, with 7 stipulations. RECENT HISTORY After further review by Blue Print Homes Engineering firm (Pioneer Engineering), they discovered some minor title issues with the plat. After working on these issues for 3 months, Pioneer was unable to resolve the issues and refused to move the final plat forward. Pioneer was removed from the project and Kurth Surveying was hired to examine Pioneers work and take the final plat to Anoka County. In Mid-March Kurth began working on this project, on the City's behalf, and determined it would be best to separate the plat into a"1St & 2na" Addition because the bulk of the title problems lie with the southern property, namely the former Franks Used Cars site. Therefore, staff brought forward the Gateway West 1St Addition final plat on May 22, 2006 and is now asking for final plat approval of Gateway West 2nd Addition. RECOMMENDATION After consultation with Attorney Knaak, staff recommends that the Council approve the attached resolution, approving Gateway West 2nd Addition, pending review and approval by the Anoka County Surveyor. Provided Anoka County Surveyors are able to finish their review of the plat in the next few weeks, this would still allow the HRA to put these new lots in Blueprints possession by the end of 2006. STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. 7. Park dedication fee of $6, 000. 00 (4 lots x$1, 500. 00) to be paid prior to issuance of a building permit. RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #05-08, GATEWAY WEST 2nd ADDITION, BY BLUE PRINT HOMES, FOR THE PURPOSE OF CREATING NINE SINGLE FAMILY LOTS,GENERALLY LOCATED BETWEEN 'rJ%TH PLACE AND 59th AVENUE AND 3� STREET AND UNIVERSITY AVENUE NE. WHEREAS, the Planning Commission held a public hearing on November 2, 2005 for the GATEWAY WEST ADDITION, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for the GATEWAY WEST ADDITION at their November 21, 2005, meeting, with stipulations attached as Exhibit A; and WHEREAS, a number of minor title issues have been discovered with the original GATEWAY WEST ADDITION which has caused the plat to be broken into 2 separate plats; and WHEREAS, the City Council approved the GATEWAY WEST 1St ADDITION on May 22, 2006; and WHEREAS, a copy of the plat GATEWAY WEST 2nd ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for GATEWAY WEST 2nd ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF NOVEMBER 2006. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Page 2- Resolution -2006 - GATEWAY WEST 2nd ADDITION EXHIBIT A STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. 7. Park dedication fee of $6,000.00 (4 lots x$1,500.00) to be paid prior to issuance of a building permit. � � CffY OF FRIDLE7 Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 November 7, 2006 � Wiiliam Burns, City Manager �� Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner A Resolution For Street Vacation SAV #06-02 For Fridley's Housing And Redevelopment Authority Gateway West Project M-06-133 INTRODUCTION The City of Fridley Housing and Redevelopment Authority (HRA), the petitioner, is seeking to vacate portions of 57th Place, 57 %2 Street and 3`� Street, lying easterly of 2%2 Street NE and terminating at the University Avenue right-of-way to clean up previous legal descriptions and vacate drainage and utility easements that will allow for filing of the Gateway West - Second Addition final plat. The land and drainage and utility easements freed up by the vacation will be used in the Gateway West Second Addition plat, which will be brought before the Council at a later date, and is comprised of vacated right-of-way (ROW). At the time of the October 18 Planning Commission meeting, the Gateway West Second Addition survey did not display the drainage and utility easements to be vacated on 57�"/2 Avenue (as seen on the attached survey). These street portions had already been vacated in a previous action in Ordinance No. 371. Kurth Surveying corrected the error and amended the survey on November 8, 2006. Staff brings the amended survey forward for Council review. PLANNING COMMISSION ACTION The Planning Commission held a public hearing on October 18, 2006, to review the street vacation request. No one appeared from the public to object. The Commission unanimously recommended approval of this street vacation. , STAFF RECOMMENDATION Staff concurs with the action of the Planning Commission and recommends approval of SAV #06- 02, Street Vacation for the Fridley HRA's Gateway West project. 43 RESOLUTION NO. RESOLUTION TO VACATE PORTIONS OF 3RD STREET, 57T" PLACE AND 57'/2 AVENUE, GENERALLY LOCATED BETWEEN 2'/2 STREET AND UNIVERSITY AVENUE, IN ORDER TO ACCOMMODATE THE GATEWAY WEST REDEVELOPMENT PROJECT. WHEREAS, Blue Print Homes has been selected by the Housing & Redevelopment Authority to redevelop this site; and WHEREAS, Blue Print Homes has proposed to construct 9 single family homes units on this site; and WHEREAS, the vacation will clean up eariier legal descriptions; and WHEREAS, corrected legal descriptions allow for filing the Gateway West - Second Addition final plat; and WHEREAS, a public hearing was held on this matter by the Planning Commission on October 18, 2006. WHEREAS, the action will vacate drainage and utility easements where the street was vacated in an earlier action; and NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: 1. That portion of 3�d Street N.E. (Jackson Street) as shown on the plat of HYDE PARK, Anoka County, Minnesota, lying easterly of a line drawn parallel with and 30.00 feet easterly of the following described centerline: Be�qinning at the centerline intersection of 3�d Street N.E. and 58 Avenue N.E.; thence southerly, along the centerline of 3�d Street N.E. a distance of 165.34 feet; thence on a tangential curve to the right, whose delta angle is 55 degrees 30 minutes 00 seconds and radius is 130.00 feet, a distance of 125.93 feet; thence on a tangential curve to the left, whose delta angle is 55 degrees 12 minutes 15 seconds and radius is 191.27 feet, a distance of 184.28 feet; thence tangent to last described curve, to the centerline of 57�' Place N.E. (unnamed street), as shown on the plat of CITY VIEW. 2. That portion of the north 6.00 feet of 57th Place N.E. (unnamed street), as shown on the plat of CITY VIEW, Anoka County, Minnesota, lying between two lines, one being the westerly right of . .� way line of State Trunk Highway No. 47 per amended width order no. 62597 and the other being the southerly extension of the west line of Lot 7, Block 2, said plat of CITY VIEW. 3. All that portion of 57th'h Avenue (unnamed street), as shown on the plat of CITY VIEW, Anoka county, Minnesota, lying between finro lines one being the westerly right of way line of State Trunk Highway No. 47, per amended width order no. 62597 and the other being the southerly extension of the west line of Lot 6, Block 28, HYDE PARK, Anoka County, Minnesota. AND All that portion of 57th'/2 Avenue (unnamed street), as shown on the plat of CITY VIEW, Anoka county, Minnesota lying 30.0 feet on each side of the following described centerline: Be�qinning at the centerline intersection of 3�d Street N.E. and 58 Avenue N.E.; thence southerly, along the centerline of 3�d Street N.E., a distance of 165.34 feet; thence on a tangential curve to the right, whose delta angle is 55 degrees 30 minutes 00 seconds and radius is 130.000 feet, a distance of 125.93 feet; thence on a tangential curve to the left, whose delta angle is 55 degrees 12 minutes 15 seconds and radius is 191.27 feet, a distance of 184.28 feet; thence tangent to last described curve, to the centerline of 57�' Place N.E. (unnamed street), as shown on the plat of CITY VIEW. 4. All utility easements contained within the above street vacations. 5. That part of vacated 57 1/2 Avenue ( Unnamed Street ), as shown on the plat of City View, Anoka County, Minnesota, lying between two lines, one being the northerly extension of the west line of Lot 7, Block 2, said Plat of City View and the other being a line drawn parallel with and distant 30.00 feet westerly of the following described centerline: Beginning at the centerline intersection of 3rd Street N.E. and 58th Avenue N.E.; thence southerly, along the centerline of 3rd Street N.E., a distance of 165.34 feet; thence on a tangential curve to the right, whose delta angle is 55 degrees 30 minutes 00 seconds and radius is 130.00 feet, a distance of 125.93 feet; thence on a tangential curve to the left, whose delta angle is 55 degrees 12 minutes 15 seconds and radius is 191.27 feet, a distance of 184.28 feet; thence tangent to last described curve, to the centerline of 57th Place N.E. (unnamed street), as shown on the plat of CITY VIEW. 45 Together with That part of vacated 57 1/2 Avenue (Unnamed Street ), as shown on the plat of City View, Anoka County, Minnesota, lying befinreen two lines, one being the southerly extension of the west line of Lot 6, Block 28, Hyde Park, Anoka County, Minnesota, and the other being a line drawn parallel with and distant 30.00 feet easterly of the following described centerline: Beginning at the centerline intersection of 3rd Street N.E. and 58th Avenue N.E.; thence southerly, along the centerline of 3rd Street N.E., a distance of 165.34 feet; thence on a tangential curve to the right, whose delta angle is 55 degrees 30 minutes 00 seconds and radius is 130.00 feet, a distance of 125.93 feet; thence on a tangential curve to the left, whose delta angle is 55 degrees 12 minutes 15 seconds and radius is 191.27 feet, a distance of 184.28 feet; thence tangent to last described curve, to the centerline of 57th Place N.E. (unnamed street), as shown on the plat of CITY VIEW. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER 2006. ATTEST: DEBRA A. SKOGEN - CITY CLERK !�:� SCOTT LUND - MAYOR L- �l �� i� i? I - °�I T. I ;�! _`i i d y w b � p N� ,x„ ti � V� yk X � y r M ^ w e v, l 3f1N3AV AlISa3AINf1 ) Lb 'ON AdMH'JIH NNfla1 31V1S I I p I I I I ori xo;inio°s3u I I I I I I L65Z9 'ON 031YJVA A311V I I I I I I a30a0 HldIM o34N3WV a3d tiria �.m.00.00 t � oo•:n �.ai.00.00 0 3NIl AVM �0 1H9I21 A12131S3M L_ J— I__ L— L_ J �.�r I �v y I —��•�a�A 0 j� �t� f jL� 7�/� � �� "—" 1� r�� . . a' OPlYI H.f0,C0.00 f I !�"!I I!! 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J I r � £ — � " :n �- i -__ , �, � V] F W W �' � N � 0 h F � �i x � � City of Fridley Land Use Application SAV #06-02 November 13, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: City of Fridley Housing and Redevelopment Authority (HRA) 6431 university Ave NE Fridley, MN 55432 Requested Action: Vacate portions of 3`� Street, 57`h Place, 57 %2 Avenue NE in between 2%2 Street and University Avenue in the Hyde Park neighborhood Existing Zoning: S-1 (Hyde Park Neighborhood) Location: Portions of 57�' Place, 57 %z Avenue NE, and 3`d Street NE Portions of Block 27 and 28, Hyde Park Addition and Block Cit Vy iew. �;�� : �� Size / Project Area: 11,946 sq. ft. 0.27 acres Existing Land Use: Right-of-way and vacant land Surrounding Land Use & Zoning: N: Single Family & S-1 E: University Avenue & ROW S: 57th Place and ROW W: Vacated 57 %z Ave ROW, 3rd Street NE Comprehensive Plan Conformance: Consistent with Plan. Zoning History: ROW on 57th Place 1887 — ROW is platted. ROW on 57 %2 Street 1886 — ROW is platted. ROW on 3`d Street 1886 — ROW is platted. Legal Description of Property: See attached. _ Public Utilities: Available in the street Transportation: Properties are ROW and will be accessed from 57th Street and 3�d Street NE .; Physical Characteristics: ROW is relatively flat SUMMARY OF REQUEST The City of Fridley HRA, is seeking to vacate portions of 57`h Place, 57 %2 Street and 3�a Street to clean up previous legal descriptions and vacate drainage and utility easements where the street was vacated in an early action. (Reference Ordinance No. 371) These actions will allow for filing of the Gateway West - Second Addition final plat. SUMMARY OF ANALYSIS City Staff recommends approval of the streef vacation request. • Street vacation and drainage and utility easement vacation allow continuation of Gateway West project. Council Action / 60 Day Date Planning Commission — October 18, 2006 City Councit — November 13, 2006 60 Day Date — November 13, 2006 Staff Report Prepared by: Rachel Harris City of Fridley Land Use Application SAV #06-02 GENERAL INFORMATION Applicant: City of Fridley Housing and Redevelopment Authority (HRA) 6431 university Ave NE Fridley, MN 55432 Requested Action: Vacate portions of 3�d Street, 57th Place, 57 %2 Avenue NE in between 2%2 Street and University Avenue in the Hyde Park neighborhood Existing Zoning: S-1 (Hyde Park Neighborhood) Location: Portions of 57th Place, 57 %2 Avenue NE, and 3�a Street N E Portions of Block 27 and 28, Hyde Park Addition and Block Citv View. Size / Project Area: 11.946 sa. ft. 0.27 acres Existing Land Use: Right-of-way and vacant land Surrounding Land Use & Zoning: N: Single Family & S-1 E: University Avenue & ROW S: 57th Place and ROW W: Vacated 57'h Ave ROW, 3�d Street NE Comprehensive Plan Conformance: Consistent with Plan. Zoning History: ROW on 57th Place 1887 — ROW is platted. ROW on 57'h Street 1886 — ROW is platted. ROW on 3�d Street 1886 — ROW is platted. Legal Description of Property: See attached. Public Utilities: Available in the street Transportation: Properties are ROW and will be accessed from 57th Street and 3�d Street NE November 13, 2006 SPECIAL INFORMATION Physical Characteristics: ROW is relatively flat Street Vacation Area Designated By Crosshatch SUMMARY OF REQUEST The City of Fridley HRA, is seeking to vacate portions of 57th Place, 57 %2 Street and 3�a Street to clean up previous legal descriptions and vacate drainage and utility easements where the street was vacated in an early action. (Reference Ordinance No. 371) These actions will allow for filing of the Gateway West - Second Addition final plat. SUMMARY OF ANALYSIS City Staff recommends approval of the street vacation request. • Street vacation and drainage and utility easement vacation allow continuation of Gateway West project. Council Action / 60 Day Date Planning Commission — October 18, 2006 City Council — November 13, 2006 60 Day Date — November 13, 2006 Staff Report Prepared by: Rachel Harris Gatewav West Second Addition — SAV #06-02 THE REQUEST The City of Fridley Housing and Redevelopment Authority (HRA), the petitioner, is seeking to vacate portions of 57th Place, 57 %2 Street and 3�d Street, lying easterly of 2%2 Street NE and terminating at the University Avenue right-of-way, to accommodate the replat of the Gateway West redevelopment project. The property is currently owned by the City of Fridley and the HRA. The vacation will be utilized in the Gateway West Second Addition plat and is comprised of vacated right-of-way (ROV�. The five (5) vacation parcels are outlined in the aerial photograph shown below. There are three (3) street vacation parcels and two (2) drainage and utility easement parcels. See attached survey for details. Street and Drainage and Utility Easement Vacation for Gateway West Second Addition HISTORICAL TIMELINE In 1976, the City Council created the S-1 Hyde Park Overlay district which applied only to the properties located between Main Street and University Avenue and 57th Place and 61St Avenue. Then, the area was a mixture of uses; made up of single family residential, duplexes, multi- family and commercial properties. The purpose of the overlay district was to recognize the mix of uses that existed and to no longer permit commercial properties within the Hyde Park district. At the time of the creation of the S-1, Hyde Park overlay district, the City Council promised the residents of this area that by creating this district, they would no longer allow new commercial properties and once the existing uses ceased operation they wouldn't be replaced. Those existing commercial properties, like Custom Mechanical (60th & 3�d), Werner Furniture (59th Ave. & 3�d Street), and Frank's Used Cars (58th Avenue & 3�d Street) would be allowed to remain until such time that the owner changed hands, the use was going to change, or the property went up for sale. In 1994, Custom Mechanical's property was purchased by the City when the owner wanted to sell the business but wasn't allowed to as part of the Hyde Park overlay. The City purchased the property and demolished the commercial building. The City also took the slip off out that once provided southbound University Avenue motorist with easy access to the businesses on 3�d Street. After the removal of the commercial building and the slip off, the City replatted the property that was left into two single family lots and sold the lots to the HRA. The HRA in turn sold them though their scattered site program and two single family homes exist on the properties now. In 1996, the HRA purchased the Frank's Used Cars site and, in 1999, the HRA purchased the Werner's Furniture site. The Werner Furniture building was torn down with the thought that the lot could be redeveloped and sold through the scattered site program. The HRA let the building remain at the Frank's Used Car site to help the HRA meet TIF (Tax Increment Financing) financing requirements for blight. The vision for the Gateway West project at this time included the Frank's Used Car site and the single family homes south of it. There was an analysis done at this time that determined that this project area could be comprised of either seven single family homes, townhouses, or a senior apartment building. A neighborhood meeting was held in which neighborhood opposition arose. Many people spoke of concern about 57th Avenue traffic. Since 57th Avenue was slated for redesign and rebuilding in 1998, the HRA moved their attention towards the Gateway East project, on the east side of University Avenue. In 2002, after the completion of the Gateway East project, the HRA re-focused its efforts on the Gateway West project. A neighborhood meeting was held and a tax increment analysis was completed. The tax increment analysis determined that there wasn't enough blight to warrant a project other than single family in this neighborhood. At this point the City Council and HRA determined that single family residential was the way to go and directed staff to do an analysis. Also in 2002, staff started acquiring the additional properties to make the Gateway West project possible. The last property needed for the project was acquired in early 2005. This project area is comprised of two commercial properties, one property with a four-plex on it and six lots with single family homes. All buildings were demolished on the lots that were acquired for this project. Since the land has been acquired, the Housing & Redevelopment Authority's (HRA) goal for Gateway West is to convert the former mixed commercial and residential area into a viable single family residential development. PREVIOUS COMMISSION AND COUNCIL ACTION The Planning Commission reviewed the preliminary plat for the Gateway West redevelopment project on November 2, 2005, and the City Council approved the preliminary plat on Nov 21, 2005. The Plat was divided into two sections, First Addition and Second Addition, when problems with the legal description arose with on southern — or Second Addition — portion. Then, the City Council decided to approve the First Addition (northern block) of the Final Plat. That action allowed the builder to begin construction. As of October 1, 2006, Blue Print Homes had constructed three homes on the plat's First Addition and two more are under construction. The Second Addition of the plat will be brought before the Council at a later date. On October 18, 2006, The Planning Commission held a public hearing to review the street vacation request. At that time, the Gateway West Second Addition survey did not display the drainage and utility easements to be vacated on 57th %2 Avenue (as seen on the attached survey). The street portions had already been vacated in a previous action in Ordinance No. 371. Kurth Surveying corrected the error and amended the survey on November 8, 2006. Staff brings the amended survey forward for Council review. STREET VACATION The City of Fridley HRA, is seeking to vacate portions of 57th Place, 57 %2 Street and 3�d Street to clean up previous legal descriptions and vacate drainage and utility easements that will allow for filing of the Gateway West - Second Addition final plat. In order to create the new lots, a six foot by two hundred forty foot strip of 57th Place, a 130 ft. portion of 57 %2 Avenue NE, a 110 ft. portion of 57 %2 Avenue NE, lying easterly of 3�d Street NE and terminating at the University Avenue right-of-way, and a triangle shaped piece lying north of 57 12 Avenue NE and easterly of 3�d Street NE needs to be vacated. The six ft. strip of 57tn Place to be vacated will provide additional lot length for Lots 7-9, Second Addition, without affecting the right-of-way needed for the road or snow storage. See attached survey for reference. Cross-hatched area signifies First and Second Addition First Addition Lots 1-7 Second Addition Lots 1-9 STAFF RECOMMENDATION City Staff recommends approval of this vacation request. ■ Street vacation and drainage and utility easement vacation will allow continuation of the Gateway West project. RESOLUTION NO. RESOLUTION TO VACATE PORTIONS OF 3RD STREET, 57T" PLACE AND 57'/2 AVENUE, GENERALLY LOCATED BETWEEN 2'/2 STREET AND UNIVERSITY AVENUE, IN ORDER TO ACCOMMODATE THE GATEWAY WEST REDEVELOPMENT PROJECT. WHEREAS, Blue Print Homes has been selected by the Housing & Redevelopment Authority to redevelop this site; and WHEREAS, Blue Print Homes has proposed to construct 9 single family homes units on this site; and WHEREAS, the vacation will clean up earlier legal descriptions; and WHEREAS, corrected legal descriptions allow for filing the Gateway West - Second Addition final plat; and WHEREAS, a public hearing was held on this matter by the Planning Commission on October 18, 2006. WHEREAS, the action will vacate drainage and utility easements where the street was vacated in an earlier action; and NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: 1. That portion of 3rd Street N. E. (Jackson Street) as shown on the plat of HYDE PARK, Anoka County, Minnesota, lying easterly of a line drawn parallel with and 30.00 feet easterly of the following described centerline: Be�ginning at the centerline intersection of 3rd Street N.E. and 58t Avenue N.E.; thence southerly, along the centerline of 3rd Street N.E. a distance of 165.34 feet; thence on a tangential curve to the right, whose delta angle is 55 degrees 30 minutes 00 seconds and radius is 130.00 feet, a distance of 125.93 feet; thence on a tangential curve to the left, whose delta angle is 55 degrees 12 minutes 15 seconds and radius is 191.27 feet, a distance of 184.28 feet; thence tangent to last described curve, to the centerline of 57tn Place N.E. (unnamed street), as shown on the plat of CITY VIEW. 2. That portion of the north 6.00 feet of 57t" Place N.E. (unnamed street), as shown on the plat of CITY VIEW, Anoka County, Minnesota, lying between two lines, one being the westerly right of way line of State Trunk Highway No. 47 per amended width order no. 62597 and the other being the southerly extension of the west line of Lot 7, Block 2, said plat of CITY VIEW. 3. All that portion of 57t" '/ Avenue (unnamed street), as shown on the plat of CITY VIEW, Anoka county, Minnesota, lying between two lines one being the westerly right of way line of State Trunk Highway No. 47, per amended width order no. 62597 and the other being the southerly extension of the west line of Lot 6, Block 28, HYDE PARK, Anoka County, Minnesota. AND All that portion of 57t" '/ Avenue (unnamed street), as shown on the plat of CITY VIEW, Anoka county, Minnesota lying 30.0 feet on each side of the following described centerline: Be�ginning at the centerline intersection of 3rd Street N.E. and 58t Avenue N.E.; thence southerly, along the centerline of 3rd Street N.E., a distance of 165.34 feet; thence on a tangential curve to the right, whose delta angle is 55 degrees 30 minutes 00 seconds and radius is 130.000 feet, a distance of 125.93 feet; thence on a tangential curve to the left, whose delta angle is 55 degrees 12 minutes 15 seconds and radius is 191.27 feet, a distance of 184.28 feet; thence tangent to last described curve, to the centerline of 57tn Place N.E. (unnamed street), as shown on the plat of CITY VIEW. 4. All utility easements contained within the above street vacations. 5. That part of vacated 57 1/2 Avenue ( Unnamed Street ), as shown on the plat of City View, Anoka County, Minnesota, lying between two lines, one being the northerly extension of the west line of Lot 7, Block 2, said Plat of City View and the other being a line drawn parallel with and distant 30.00 feet westerly of the following described centerline: Beginning at the centerline intersection of 3rd Street N.E. and 58th Avenue N.E.; thence southerly, along the centerline of 3rd Street N.E., a distance of 165.34 feet; thence on a tangential curve to the right, whose delta angle is 55 degrees 30 minutes 00 seconds and radius is 130.00 feet, a distance of 125.93 feet; thence on a tangential curve to the left, whose delta angle is 55 degrees 12 minutes 15 seconds and radius is 191.27 feet, a distance of 184.28 feet; thence tangent to last described curve, to the centerline of 57th Place N.E. (unnamed street), as shown on the plat of CITY VIEW. Together with That part of vacated 57 1/2 Avenue (Unnamed Street ), as shown on the plat of City View, Anoka County, Minnesota, lying between two lines, one being the southerly extension of the west line of Lot 6, Block 28, Hyde Park, Anoka County, Minnesota, and the other being a line drawn parallel with and distant 30.00 feet easterly of the following described centerline: Beginning at the centerline intersection of 3rd Street N.E. and 58th Avenue N.E.; thence southerly, along the centerline of 3rd Street N.E., a distance of 165.34 feet; thence on a tangential curve to the right, whose delta angle is 55 degrees 30 minutes 00 seconds and radius is 130.00 feet, a distance of 125.93 feet; thence on a tangential curve to the left, whose delta angle is 55 degrees 12 minutes 15 seconds and radius is 191.27 feet, a distance of 184.28 feet; thence tangent to last described curve, to the centerline of 57th Place N.E. (unnamed street), as shown on the plat of CITY VIEW. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER 2006. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Z� -� ^ W � h h ex� �� , ° V n h � ° X � a K e� ( �f1N��V �lIS��INfI ) Lb �ON AVMH9IH lINf1�1 �1V1S I w I I I I �oN No�in�o°s°n � � � � � � L6SZ9 �ON aaiv�vn+aiiv 21�a210 H10IM a�aN�WV 21�d ariei m.o�,00,00 s � � oa�z�i e�.oi,o �,00 s � �NI� AbM �0 1H9I21 ��21�1S�M L ��~ I I L J°�> s on n� a[er ao e s9nzs[ oN ��oa e iiv a3ir�rn 's:�� x°6e � ; I ,�-�--- I I� :--1� � t.�- ��-�� r----- .r OS'96I a.so,c0000 s ;. �-� I o s II �I I � � I�� " j �i z --� �—__------, � b ��aed I i�� _I �'i �I ,� li 'j I i I I I i �I � �� 9o�b9z�oN � �� . °J I ;� �'I � —� �I � I 'f`` � '�� _ � I 1N3W1[WWOJ 311I1 I Q I o�l � � � �9C� l3�iiVd� � � � � �� 908b9d�ON � � � I P�I � I � I � `�I I I1N3W1IWWOJ 3�1[1 � � I� � I -- —.-------- I I� z �� I s� �I I I � � I � � I I I� � z �_, � _` � , � � o-�J — — — I i — I i `=' L_� . I � vsFaba oN � E6'YEZ H,L(105 9z�f6=7 NtlVd 34AH �9Z NJOIA '9 10� �0 3NIl H1�05 3H1 �� NOISN31X3 A1b3153M�9�•FI f� 09t` 3HL aNV NiIVd 30nH N[ 0311V1d 133i115 f NOSNJVf 1 Obf �0 3N[l H1f105 � F�D lj —. . . . . . . . . . . . .�—. � . \ � T T � I � T � �— �� \ I I I I I I \ I I I I I � � �I' I , � , � � � �� I I �� I I � I � I I�� I ., ,; � w � ,,, ,�,_ � � �' I I o 'L' os' � � � , � : � -'� - � � � z � N � u' . � � �� > — � Q � I I�� •:- � � � I �� I __ � � � _ � _ � � � � � �o � .�-1 I .�� I -�, I -�. i I �-' I c_��: I _�, I '�,_� I �.i_> I Q � I I I I�� I I I I I � �� +1 � W� �� h �� q �Q W� �q �� C� N � 1N3W1[WWOJ 3l1[1 � II L_— —_—_—_—_—_J \ II � �� I I �� _� � � z 3. � 'I'^ � � � �� — \ �'�y ��— � \ ys Q�E \ 6CI � m�.so cavoo�t¢ _ . \ — � _` I._..�` � I i �� .��-_� s _��-_� � � w �> _ _ � � w � wQEOO_. _-_ wQEOO.. � - ��> �v> / - ��;N^ X'" `�° � h�a � ��e � �� ro � �K� � �� x � x a i � I— — � — I— — � — — � — — � _ � — — � � � I J � . — i — � F W W x N w 0 N F � W x � � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director November 8, 2006 ST 2007-1 Street Improvement Project PW06-064 The attached resolution orders the feasibility report, preliminary plans and specifications, and a preliminary estimate of costs for the 2007 Neighborhood Street Reconstruction Project. On June 26, 2006, the City Council approved a contract with SEH to perform these services. We found that an official resolution ordering the items has not yet been adopted by the City Council. This action corrects that oversight. Recommend the City Council adopt the attached resolution ordering preliminary plans, specifications and estimates and preparing a feasibility report on the project. JHH:Io Attachment RESOLUTION NO. 2007 - RESOLUTION ORDERING THE PRELIMINARY PLANS, SPECIFICATIONS, AND FEASIBILITY REPORT ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST 2007 - 1 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically reconstruct streets in the City to a standard section including concrete curb and gutter, and WHEREAS, the consulting firm of Short Elliot Hendrickson was awarded the design contract for Project No. ST. 2007 — 1 at the June 26, 2006 City Council Meeting, such contract including the preparation of a feasibility report and estimates of costs thereof for the improvements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the feasibility report and preliminary plans are to be prepared by the City's consultant SEH and submitted to the Public Works Director, is hereby ordered. Street improvements, including grading, aggregate, hot-mix bituminous pavement, concrete curb and gutter, water and sanitary sewer repairs, storm sewer system, landscaping, and other facilities located as follows: 4t" Street - 57'/ Avenue to 61 St Avenue 5t" Street - 57'/ Avenue to 60t" Avenue 6t" Street - 57'/ Avenue to 60t" Avenue 6t" Street — 61 St Avenue to 63rd Avenue 57t" Place — 7t" Street to Jefferson Street 57'/ Avenue — 4t" Street to 6th Street 58t" Avenue - 7t" Street to Jefferson Street 58'/ Avenue - Little League Fields to Monroe Street 60t" Avenue - 4t" Street to 5t" Street 63rd Avenue — 5t" Street to 7t" Street Jefferson Street - 57t" Place to 59t" Avenue University Avenue Service Drive - 4t" Street to 7t" Street Washington Street - 58t" Avenue to 59t" Avenue Concerto Curve - 73rd Avenue to Ballet Boulevard Lyric Lane - 73rd Avenue to Ballet Boulevard Melody Drive - 73rd Avenue to Ballet Boulevard Tempo Terrace - 73rd Avenue to Ballet Boulevard Memory Lane — 73rd Avenue to Ballet Boulevard Ballet Boulevard — Lyric Lane to Memory Lane Community Park Ballfields No.'s 1& 2 That the work involved in said-improvements listed above shall hereafter be designated as: NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST2007-1. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 20th DAY OF NOVEMBER 2006. SCOTT J. LUND - MAYOR ATTESTED: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 20, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director November 8, 2006 ST 2007-1 Street Improvement Project PW06-065 The attached resolution accepts the Feasibility Report for the 2007 Neighborhood Street Improvement Project prepared by the City's consultant, SEH. We have been working with SEH over the past several months to study the project area and compile this report. The project encompasses primarily two neighborhoods in the City and totals approximately 3.7 miles of streets. The proposed streets are identified in the report but generally includes the areas identified as the southwest'/ of Melody Manor and the area southwest of the high school. The resolution establishes a public hearing for the project before the City Council at its November 13, 2006 meeting. The preliminary assessment list will be presented at this time based on existing City policy. Also, staff will provide a presentation of the project before the City Council. Recommend the City Council adopt the resolution to receive the feasibility report and establish a public hearing for the 2007 Neighborhood Street Improvement Project to be held on November 13, 2006. JHH:Io Attachment RESOLUTION NO. 2007 - RESOLUTION RECEIVING THE PRELIMINARY PLANS, SPECIFICATIONS, AND FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST 2007 - 1 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically reconstruct streets in the City to a standard section including concrete curb and gutter, and WHEREAS, the consulting firm of Short Elliot Hendrickson was awarded the design contract for Project No. ST. 2007 — 1 at the June 26, 2006 City Council Meeting, such contract including the preparation of a feasibility report and estimates of costs thereof for the improvements. WHEREAS, Resolution No. 2006- ordered the preliminary plans, specifications, and feasibility report for the improvements in this project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the feasibility report and preliminary plans prepared by the City's consultant SEH and submitted to the Public Works Director, is hereby received and accepted. Street improvements, including grading, aggregate, hot-mix bituminous pavement, concrete curb and gutter, water and sanitary sewer repairs, storm sewer system, landscaping, and other facilities located as follows: 4t" Street - 57'/ Avenue to 61 St Avenue 5t" Street - 57'/ Avenue to 60t" Avenue 6t" Street - 57'/ Avenue to 60t" Avenue 6t" Street — 61 St Avenue to 63rd Avenue 57t" Place — 7t" Street to Jefferson Street 57'/ Avenue — 4t" Street to 6th Street 58t" Avenue - 7t" Street to Jefferson Street 58'/ Avenue - Little League Fields to Monroe Street 60t" Avenue - 4t" Street to 5t" Street 63rd Avenue — 5t" Street to 7t" Street Jefferson Street - 57t" Place to 59t" Avenue University Avenue Service Drive - 4t" Street to 7t" Street Washington Street - 58t" Avenue to 59t" Avenue Concerto Curve - 73rd Avenue to Ballet Boulevard Lyric Lane - 73rd Avenue to Ballet Boulevard Melody Drive - 73rd Avenue to Ballet Boulevard Tempo Terrace - 73rd Avenue to Ballet Boulevard Memory Lane — 73rd Avenue to Ballet Boulevard Ballet Boulevard — Lyric Lane to Memory Lane Community Park Ballfields No.'s 1& 2 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. 5. That a public hearing be scheduled for November 13, 2006, and that all property owners whose property is liable to be assessed with the making of the improvements and constitute 100 percent of the property owners who will benefit from the improvement be notified of the public hearing under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF NOVEMBER 2006. SCOTT J. LUND - MAYOR ATTESTED: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant November 1, 2006 Modifications to the 2006 Budget Attached you will find a resolution amending appropriations to the 2006 budget in accordance with the City Charter. The adjustments listed have arisen as a result various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget Reappropriation form. We request that the Council approve the amendment of the attached budgets. Resolution No. 2006 — A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2006 BUDGET FOR SEPTEMBER THRU OCTOBER, 2006 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2006. NOW, THEREFORE, BE IT RESOLVED that the following funds will be amended as follows: REVENUE ADJUSTMENTS Police-Miscellaneous Police-Grant Police-Grant Police-Grant Emergency Management-Donation Fire-Reimbursement Fire-Grant Recreation-Donation Recreation-Donation Recreation-Donation Recreation-Donation Recreation-Donation Recreation-Donation Recreation-Donation Interfund Operating Transfers APPROPRIATION ADJUSTMENTS Police-Other Services & Charges Police-Personal Services Police-Supplies Police-Supplies Emergency Management-Supplies Fire-Personal Services Fire-Personal Services Fire-Capital Outlay Recreation-Supplies Recreation-Supplies Recreation-Other Services & Charges Recreation-Supplies Recreation-Other Services & Charges Recreation-Other Services & Charges GENERAL FUND 154 540 1,199 2,894 1,455 1,425 29,700 300 500 300 500 993 250 750 18,547 59,507 154 540 1,199 2,894 1,455 647 778 29,700 300 250 250 800 993 1,000 40,960 Insurance Reimbursement State Grant Federal Grant State Grant Target North Metro CAT Federal Grant H.B. Fuller TCF Bank American Legion VFW Anoka County Rotary Club Lions Over Payment To SNC on 2005 MVHC Repair of Squad 358 Liquor Compliance Bulletproof Vests Bulletproof Vests Bulletproof Vests Full Time Employee Paid On Call Air Compressor Campaign of Cheer 49er Days Teen Dance 49er Days Teen Dance Wnter Fest Stand For Children Day Wnter Fest SPRINGBROOK NATURE CENTER FUND APPROPRIATION ADJUSTMENTS Other Financing Uses 18,547 Correct 2005 MVHC Going To SNC Resolution No. 2006- CAPITAL IMPROVEMENT FUND GENERAL CAPITAL IMPROVEMENT REVENUE ADJUSTMENTS General-Grant 212,355 Federal Grant-Fire Truck Page 2 APPROPRIATION ADJUSTMENTS General-Capital Outlay 347,750 Completion of Fire Truck Purchase PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS 13th DAY OF NOVEMBER, 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK �� CRY OF FRI�LEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director November 13, 2005 Approval of 2006 - 2007 Winter Snow Plan PW05-066 Attached is the 2006 - 2007 Snow Removal Operations Policies and Procedures with maps. This document gives an overview of equipment, responsibilities, plowing and sanding policies, districts, emergency plan reference and the responsibilities of otherjurisdictions. The other attachments include the snowplow district and equipment assignments, Emergency Snow Removal Procedures policy, assignments and map and the Priorities on Sidewalk Plowing. All personnel have been prepped for their duties during snow plow operations. We will have two new employees coming on board and we will use our alternate plow drivers to train them and ensure things go smoothly. To ensure the City has a reasonably defensible snow removal plan, I recommend the City Council adopt this plan by motion for the 2006 - 2007 winter snow season. JHH:jb Attachments SNOW REMOVAL OPERATIONS POLICIES AND PROCEDURES The Fridley Public Works Department is engaged in a continuing effort to provide improved snow removal services, and yet keep expenses in balance with the current budget appropriation. For street snow removal, the City currently deploys 20 pieces of equipment. Each of the 10 residential snowplow districts and the 2 industrial districts has a major piece of equipment dedicated to clearing snowfrom its roadways. These 11 major pieces of equipment are made up of 5 dump trucks with one-way plows and wing plows, 1 flatbed truck with a one-way plow, 1 dump truck and 2 pot patcher trucks with one-way plows and underbody plows, and 3 loaders with directional plows and wing plows. Six of these trucks are also equipped with sand spreaders for use when ice and slippery conditions exist. There are 8 minor pieces of equipment are used to supplement the major equipment and to clear cul-de-sacs, dead end streets, improved alleys, municipal parking lots and concrete sidewalks. These 8 pieces are comprised of 6 4x4 pickups, 1 1-ton 4x4 truck and 1 sidewalk plow/snowblower. The Public Works Director has overall responsibility for snow and ice control operations. The Street Supervisor has direct responsibility for supervising the day-to-day operations, such as determining when to call out manpower, equipment needs, ordering materials, etc. The Street Supervisor utilizes weather services and reports, police reports, citizen input and consults with the Director when necessary to determine when to initiate the snow plowing operation. Our policy is to begin snow removal operations after the snow storm has subsided, normally in the early morning hours. However, if the storm ends in late evening, the crews are called out in an attempt to clear redline collector routes by morning rush hour. If a storm is predicted to last unreasonably long, or heavy accumulations appear imminent, full snow plowing operations begin on the redline collector routes in eight districts when accumulations become hazardous for driving. Based on different storm situations and severity levels, the starting time frames are flexible. For blizzard or high wind storms, plowing does not commence until the storm subsides. For economy purposes, weekend snow storms will be reviewed for impact and delay in starting times to minimize overtime costs. Whenever ice or slippery conditions develop, sanding crews are dispatched to the six sanding districts (see Attachment A- Sanding Districts). Sand and salt mixtures are spread over ice or slippery areas. The sand provides an abrasive to help melt the ice. We are currently using straight salt in the Melody Manor, Rice Creek Plaza, Rice Creek Terrace, Sylvan Hills, Hyde Park, Christie and Florence Park neighborhoods. Salt is less effective below 20 degrees F, therefore, sand may be used to a limited degree in these areas if extreme cold follows an icing condition. The Public Works "on call" employee upon notification of slippery conditions by the Police Department is authorized to respond with up to two additional personnel to sand or salt slippery areas. If more personnel are needed, the "on call" employee will notify the Public Works Director or Street Supervisor of the need for additional personnel. When snow removal operations begin, redline collector routes are plowed first. (See Attachment B- Redline Collector Routes map). It takes approximately 4 to 6 hours (depending upon the snowstorm) to complete these routes. These streets have been declared redline routes because they allow residents and emergency vehicles faster and better access to the highways and into all areas of Fridley. The City is divided into ten snow plowing districts after the redline collector routes are plowed. (See Attachment C- Snow Plowing Districts map). In each district, there are four alternating starting points. After each snow, the starting points will change. It takes approximately 6 to 8 hours to complete snow plowing operations on the remaining streets. This results in providing clean, safe streets 12 to 16 hours after an average snow storm. There are 86 cul-de-sacs and 35 dead-end streets in Fridley. It takes considerable time before the smaller and specialized equipment can complete the cul-de-sac areas. A snowplow may complete the regular street and a portion of the cul-de-sac area. The major portion of the cul-de-sac will be plowed by the special equipment within the total time of the snow plowing operation. Concurrent with the plowing of the streets and cul-de-sacs, the sidewalks, improved alleys and municipal parking lots are also plowed. We do not plow bikeways or asphalt paths, we only clear concrete sidewalks. Cleanup operations begin on the next normal working day after the snow removal operations have been completed. This includes cul-de-sac clearing and hauling, intersection clearing, sidewalks, traffic light areas, bus stops, and winging back on boulevards The snowbird vehicles parked on streets during a snow storm create problems for snow removal operations. City ordinance prohibits vehicles from parking on City streets from 2:00 a.m. to 6:00 a.m. and during any snow removal operation from November 1 to April 1 of each year. Snowplow drivers report snowbirds to the Police Department. Depending on available police personnel, tickets are issued, if the vehicle is not removed. Vehicles that are blocking the street are towed away. Snowbirds that are still parked when cleanup operations begin are towed and impounded underthe direction of police personnel. For larger storms predicted to be over 8 inches and up to 15 inches or storms of longer duration, City crews may begin plowing when streets are covered by approximately 6 inches of snow. Crews will follow our standard snow plowing format of concentrating on the redline streets first and then moving into the residential neighborhoods. Once the storm is substantially over, crews will begin a final city-wide plowing operation cleanup. For a major storm over 15 inches, our alternate plan comes into effect. The City is sectioned into 10 districts (see Attachment D- Emergency Snow Removal Plan) and the personnel are established into two 12-hour shift crews. The redline streets are plowed first and then the remaining streets in the district are plowed. The major difference is only one pass is made down the center of each street initially. Once all streets are opened, the crews then go back and start clearing the roads full width. This continues until all the streets are cleared by rotating the crews through their shifts. MnDOT is responsible for clearing TH 47 (University Avenue), TH 65 (Central Avenue) and I-694. Their policy is black pavement and run teams down the highway as the snow storm progresses. Anoka County plows East River Road, the 44th Street bridge, Main Street to 57th, 57th to University, 49th between Main Street and University, Mississippi Street, Osborne Road, 85th and Old Central. The County also varies its starting points and attempts to clear to black pavement. 11 /06 EMERGENCY SNOW REMOVALPROCEDURES 1. We differentiate between a"normal snowfall" and what we would call an "emergency snowfall." An "emergency snowfall" is a snowfall of 15 inches or more that is projected to fall within a 24 hour period. 2. When there is a projection of an emergency snowfall, the snow plowing procedure will begin when there is 6 inches of snow on City streets. The Police Department will have the responsibility for notifying the Public Works Department of the existence of 6 inches of snow on the streets. 3. Once the plowing for an emergency snowfall has been decided, Public Works employees will be divided into two 12-hour shifts beginning at the time they are called out. 4. Each shift will consist of eight employees who will operate five dump trucks and three front-end loaders. Each group of eight employees will be assigned to one 12-hour shift. In addition to the eight employees assigned to each shift, another employee shall be assigned as needed to address particular problems. He may, for example, be assigned to digging out cul-de- sacs, plowing sidewalks, and plowing City parking lots. The storm and/or any other circumstances surrounding the storm will dictate the use of any additional employees. These employees will also be available to assist the Police and Fire Department with emergency operations (i.e., police calls, medical and fire emergencies). The Police Department will take the primary responsibility for responding to questions from citizens. It was agreed that the Police Department personnel will be updated approximately every two hours. Personnel will keep maps and be responsible for plotting the progress of the snow removal crews as reported. As the plows are working during a major snowfall, they will make an initial pass in each direction through redline streets and then residential streets. Efforts toward plowing curb to curb will not be made until all streets have been opened to traffic. It is understood that there will be difficulties with cul-de-sacs and driveways being plowed shut on a number of occasions and with cars being parked on the streets. Revised: 11 /06 PRIORITIES ON SIDEWALK PLOWING L Mississippi Street from University Avenue to Highway 65 2. 7�' Street from Mississippi to 61 gt 3. 61gt from University to Highway 65 4. Mississippi Street, from University Avenue west to East River Road, then to the two walkway easements off Rivers Edge Way for Stevenson School 5. Osborne Road, from University Avenue to Highway 65 6. 7�' Street, 61gt south to 59�' 7. Hayes School on Monroe, from Mississippi to 67�' 8. Mississippi Street, from East River Road to Central Avenue, south side 9. 5�' Street, from Mississippi to 63�d, then to University Avenue Service Road to 57�' 10. 61gt, University Avenue west to Starlite, both sides, also two walkway easements from Starlite to Trinity 11. 61gt, from University to Moore Lake Commons on south side 12. Medtronic Parkway from Highway 65 to 7�' Street 13. 53�d from Target to Menards 14. Highway 65, from Ground Round to Twin City Federal 15. East River Road from Osborne Road north to Lafayette Street west side 11 /06 SIDEWALKS Osborne Road South side Commerce Lane to Old Central Mississippi Street North side, Stinson Boulevard to East River Road South side, East River Road to Old Central Monroe Street, from Mississippi to 67t" Avenue 7t" Street, west side from Mississippi to 63�a 7t" Street, east side from 63�d to 61St 61 St Avenue North side, Main Street to Highway 65 South side, Main Street to just east of Sears Outlet Store Easements north to 61St Between Starlite and Trinity Between Rainbow and Sunrise 7t" Street from 61 St to 59t" 53�d Avenue north side from Learning Tree to Menards Highway 65 east side, from 53�d to 52"a 57t" Avenue north side University west to Main Street University East Service Drive from 57t" Avenue to Mississippi 5t" Street east side from Mississippi to 63�a Fourmies Avenue between Service Drive and 5t" Street 63�d Avenue north side between University Service Drive and 7t" Street University east side bikeway between Mississippi and 69t" Avenue West Moore Lake Drive in front of high school Walkway path behind high school and Little League fields Medtronic Parkway, 7t" Street to Highway 65 Easements west side of East River Road Between 62"d Way and River Edge Way River Edge Way to Stevenson School East River Road west side from Stevenson School to River Edge Way East River Road west side from Osborne Road to Lafayette Street 11 /06 SNOWPLOWS ASSIGNED TO PLOWING DISTRICTS - 2006/2007 SEASON District # 1 District #2 District #3 District #4 District # 5 District #6 District #7 District # 8 District # 9 District # 10 North & South Industrial #774 - '96 Case Loader w/wing #792 - '97 Ford Dump Truck w/wing #775 - '04 Sterling Tandem Dump w/wing #795 - '99 JD Loader w/wing #744 - 'OS Case Loader #725 - '92 Ford w/wing #755 - 'O1 InYl Dump w/wing #763 - '02 Sterling Dump w/wing #762 - 'O1 Sterling w/wing #769 - 'OS InYI Dump w/wing #672 -'91 Ford Single Axel w/Util Box & front one-way plow #730 - 'OS InYl Potpatcher front plow w/underbody Red Denotes Snow Emergency Routes Black Denotes Snowplowing Districts Supervisor: Jeff Jensen Plowing Assignments for Snow Emer�ency Routes North Area 769, 762, 774 East Area 792, 775 Central Area 744, 763, 795, 730, 672 WestArea 755, 727 Alleys, Cul-de-sacs, & Intersections: Alleys & Area # 1 781 - Ken Small 554 - Mark Schulte Area #2 753 - Keven Becklin Area #3 528 - Tyson Jenkins 541 - Rich Perron Intersections 724 - Craig Hanson Sidewalks 740 - Bruce Koopmeiners 11/06 Angie Taylor Scott Bradseth Brandon O'Mara Garry Volk Craig Turbak Pete Gunderson Kevin Mensch Mike Graves Brian Benesch Bud Zurbey Jon Williams Gary Bulman Equipment Responding to Snow Emerg, 3 Front end loaders w/directional plows & wings 1 Dump truck w/one-way plow & underbody plow 5 Dump trucks w/one-way plows & wings 1 Ford Single Axel w/utility box & front one- way plow 1 Sidewalk plow & snow blower 5 4 x 4 vehicles 1 One ton truck 4x4 w/sander 2 Potpatchers w/one-way plow & underbody plow SNOWPLOWING ASSIGNMENTS FOR SNOWS OF 15 INCHES OR MORE AREA TEAM A TEAM B Area 1: Bud Zurbey Tyson Jenkins Unit 769-Int. Dump w/wing Area 2: Brandon O'Mara Unit 775 - Ford tandem w/wing Keven Becklin Unit 774 - Case loader w/wing Area 3: Unit 762 - Ford dump w/wing Brian Benesch Jason Wiehle Area 4: Unit 763 - Sterling dump w/wing Mike Graves Pete Gunderson Area 5: Unit 755 - Int. Dump w/wing Kevin Mensch Ken Small Area 6: Unit 792 - Ford dump w/wing Scott Bradseth Gary Bulman Area 7: Unit 795 - JD loader w/wing Craig Turbak Gary Volk Area 8: Unit 774 - Case loader w/wing Angie Taylor Unit 744 - Case loader w/wing Phil Perron Auxiliary Crew Rich Perron Mike Schulte Bruce Koopmeiners Jon Williams Mechanics Mark Foster Mark Kluge Kelly Odenthal NOTE: Crews will consist of 10 - 11 men plus mechanics in 12-hour shifts 11/06 I / �� _ �i, _ .�i ��ii, s � _ � r �.n:�.�� -- �` � � � � 1 ..� r == = _ � ,;�.+��' _ - - � � 1� ,�, ,"_-=_ _I ::_ = 1='== - i:'-- =� - �_ :_-_ "::,°`.;�: ' , � � , ♦ a r % � .! in�� <- - . , ,�,. � 'r 1 � unu n , ' � �� n - � i� �� '�.. � . � .� ��u�r��u',1 � Y11'li� ��,��Ililli„ .. . . � I�� . .. 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" — ■ -' � .i:l.'iiliii �.-:�: �� _ �� _1111 L� n�r�� r �� ■'�; b,�i� ��II �111� ��f' �1111111■. � '_ - � u1,U;Y� Ir - ,I-�- � � � _- �.---_� �� /� �1f/IIII" ' _ -. _ — _ _ — I iI0///�� 1� . ..,, ♦ �: • ��„�. - � _' _ _ �� -:��,,, • s;:, �� __ _nanfni=� ,_, �'�� m unu� � - e��S: �� - .. aL'llifll'll: ; K � - _ � ,. �� ; = := � — - g - _:�.✓, tlll'l\/1 ►i �� i �_ o �� q � ( _ - s�,mu _'; � � '- iir 5 . . - ' . ,. .I� . , ` 1'i. � . . ' . i��-�� : ►/ '�-�-' Ir� ��1 ��■ �� , . � `�iii ��1 � ✓/ - � ��' � , � � � ° s . 4 - ' � l _- � , � ��. � , � . � . , . , .� � :• •. � ',� � L E G E N D District 1 District 2 � District 3 � District 4 � District 5 � District 6 � District 7 � District 8 � District 9 � District 10 � Contractor 1 Rotating Staring Points `` o; �Snow Plow District Boundaries t> Right-of-Way E� 0 parcel Boundaries Water Features N W E S 1000 0 1000�2000 3000 4000 MAP DATE: NOVEMBER 2006 City of FRIDLEY PLOWING DISTRICTS Sources: City of Fridley Public Works City of Fridley Engineering City of Fridley GIS Anoka County GIS � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 To: William W. Burns, City Manager From: John Berg, Fire Chief Date: November 7, 2006 Re: Rescue Truck Bid In 2006 and 2007 the Fire Department budgeted $80,000 each year in Capital Outlay for replacement of a"heavy rescue" and "grass truck" with a two "medium duty" rescue trucks. The specifications for the new trucks called for a four-door, four-wheel drive, Ford F450 chassis (which was purchased on state bid for the total sum of $32,480.60) with a custom built "twenty-year" modular rescue box and a two-door, two-wheel drive, Ford F450 chassis with the same modular rescue box. The trucks would be used for responding to medical emergencies, special rescue and fire calls and are designed for personnel and equipment including, but not limited to, SCBA, personal protective gear, extrication equipment, and water rescue equipment. Bids were opened on Monday, October 30, 2006. The following bids were received for the modular truck body, emergency lights and graphics for both vehicles and the option of providing a chassis for the second vehicle: Bidder Conway Fire Apparatus Fort Garry General Safety North Central Ambulance Rescue Vehicles of Iowa Body No Bid $75,350.00 $62,595.00 $66,500.00 $76,025.00 Body & Chassis $114,608.00 $99,759.00 $94,477.00 $111,368.00 North Central Ambulance is the low bidder on the combination body and chassis and they are the second lowest bidder on just the construction of the truck body. However, they did not provide line drawings, did not meet the specifications in the bid process and they do not build their own truck bodies. They contract to another shop for the truck body work. General Safety is the second lowest bidder for the combination truck body and chassis and they are the low bidder on the truck body construction. In their bid they specified a chassis with an 80 inch wheel base and a diesel engine. The fire department specified a chassis with a 60 inch wheel base and a gasoline engine. If a contract were to be signed with General Safety the actual cost of the chassis would be $7,953.00 less than their bid price. Staff's recommendation is to accept the bids from October 30, 2006, and award the bid to General Safety Fire Apparatus of Wyoming, Minnesota, for the production of two completed rescue truck apparatus for the total sum of $154,401.00. /' " � � " i � � IIIII� �IIII CONTRACT This agreement made by and between GENERAL SAFETY EQUIPMENT, Wyoming, Minnesota, Party of the First Part, hereinafter called the COMPANY and THE CITY OF FRIDLEY, MN Party of the Second Part, hereinafter called the BUYER. Witnessed that the Company agrees to sell upon the conditions which are written below, the apparatus and equipment per the General Safety Equipment Proposal, all of which are to be in accordance with the proposal specifications and guarantees, and which are made a part of this agreement and contract. Delivery; The delivery time for the two (2) completed apparatus is to be made within 240 calendar days or sooner after receipt of and approval of this contract duly executed, subj ect to causes beyond the Company's control. The quoted delivery time is based upon our receipt of the specified materials required to produce the apparatus in a timely manner. The Company can not be held responsible for delays due to Acts of God, Labor Strikes, or Changes in Governmental Regulations that result in delayed delivery to our manufacturing facilities of these specified materials. This delivery estimate is based on the Company receiving complete and accurate paperwork from the Buyer and that no changes take place during pre-construction, mid point inspections or final inspections. Changes required or requested by the Buyer during the construction process may be cause for an increase in the number of days required to build said apparatus. The Buyer agrees to purchase and pay for the aforesaid property, delivered as aforesaid, two (2) apparatus per the bid specifications for the total Sum of One Hundred Fifty Four Thousand, Four Hundred One Dollars. ($154,401.00) ($62,595.00 for the unit with department supplied chassis and $91,806.00 for the unit with General Safetv supplied chassis) F.O.B Fridley, MN. Terms; Payment for the balance of each respective apparatus will become due upon delivery of each apparatus to the buyer. Any partial payment amounts will be due and payable Net 15 days from day from invoice date. GUARANTEE; The Company, hereby agrees that the material and workmanship shall be of the best grade and the Company, at it's own expense, will replace such parts as may fail, if such failure is attributed to defective material or inferior workmanship within the terms of the warranty period. It is further agreed that if on delivery and test, any defects should develop, the Company shall be given a reasonable time to correct same. Guarantee of the chassis is subject to the guarantee of the chassis manufacturer. And it is further mutually agreed that no misunderstanding, verbal or written, regarding equipment or otherwise, shall enjoin the Company or Buyer unless in this Contract. After company receipt of this document signed by the buyer, the document will be reviewed and upon approval, countersigned by the company putting the document in force. GENERAL SAFETY EQUIPMENT (Party of the First Part) i (signature) ype or prmt name (Title) Date: CITY OF FRIDLEY, MN (Party ofthe Second Part) i or 2006 Date: . 2006 � � CffY OF FRIDLEI' Name AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 APPOINTMENT - COMMISSION Steven E. Billings Commission Housing & Redevelopment Authority Term Expires June 9, 2010 Replaces Virginia Schnabel � AGENDA ITEM COUNCIL MEETING OF NOVEMBER 13, 2006 CffY OF FRIDLEI' CLAIMS 129042 - 129239 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 LICENSES Type of License FOOD / TOBACCO SALES � Approved By: CVS Pharmacy #8435 Linda Cimbron Public Safety Director 5696 University Av NE Fire Inspector Fridley, MN 55432 Community Development � AGENDA ITEM CITY COUNCIL MEETING OF �' °F November 13, 2006 FRIDLEI' Contractor T e A licant A roved B Aurora Mechanical Heatin Mike Bruestle Ron Julkowski, CBO City of Mpls — Water Dept Commercial/Specialty Charles Huske Ron Julkowski, CBO Hilliard Ht & Cl Inc Heatin Gre Hilliard Ron Julkowski, CBO Johnson Com an Commercial/S ecialt Val Johnson Ron Julkowski, CBO Johnson Company Sign Erector Val Johnson Ron Julkowski, CBO N E Commercial Service Inc Commercial/Specialty James Grabowski Ron Julkowski, CBO Roberts Re air & Maintenance Heatin /Gas Robert Lillard Ron Julkowski, CBO R bak Inc Wreckin Dan Martin Ron Julkowski, CBO Villa Landscapes Sign Erector Steve Shaw Ron Julkowski, CBO Winkelman Building Corporation Commercial/Specialty Duane Schultz Ron Julkowski, CBO � AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 � °F ESTI MATES FRIDLEI' Shank Contractors 3501 — 85th Avenue North Brooklyn Park, MN 55443 Fridley Commons Park Water Treatment Plant Upgrade FINAL ESTIMATE ...................................................................... $ 5,000.00 Midwest Asphalt 5929 Baker Road, Suite 420 Minnetonka, MN 55345 Mill and Overlay 2006 — 2 Estimate No. 1 ................................................................................. $184,903.24 Midwest Asphalt 5929 Baker Road, Suite 420 Minnetonka, MN 55345 3rd Street Project 2006 — 3 Estimate No. 3 ................................................................................. $ 22,093.96 Greystone Construction Company 500 S Marshall Road, Suite 300 Shakopee, MN 55379 Salt and Sand Storage Building Estimate No. 1 ................................................................................. $ 42,731.95 Park Construction 500 — 73rd Avenue, Suite 123 Fridley, MN 55432 Street Improvement Project ST. 2006 — 1 Estimate No. 7 ................................................................................. $139,658.45 Concrete Idea, Inc. 13961 — 44th Lane N.E. St. Michael, MN 55376 2006 Miscellaneous Concrete Repair Project No. 365 Estimate No. 5 ................................................................................. $ 25,725.85 � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF November 13, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk November 9, 2006 Public Hearing Liquor License Application of William Bisek of JWBB Inc. dba Baggans Pub, located at 3720 East River Road, Fridley, MN 55421 William Bisek of JWBB Inc dba Baggans Pub, has applied for an intoxicating liquor license for the Sha� location at 3720 East River Road, Fridley, Minnesota, 55421. Mr. Bisek formerly owned Kelley's Korner in Centerville, Minnesota. Section 603 of the Fridley City Code requires that a public hearing be held to consider the approval of an Intoxicating Liquor License. The City Code also requires that the license can not be approved during the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus on October 26, 2006 and mailed to Mr. Bisek. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. During the time Mr. Bisek owned Kelley's Korner, the establishment failed four alcohol and tobacco compliance checks in Centennial Lakes between 1993 and 2006. Records indicate no occurrence of Mr. Bisek selling to minors personally. His employees acknowledged Mr. Bisek was strict about not selling to minors and provided training in an effort to prevent that occurrence. In addition, records show three after-hours sales violations, again to employees of Mr. Bisek. Attachment B is a memo from the Public Safety Director outlining his concerns. Mr. Bisek would like to open and begin selling intoxicating liquor at Baggans Pub on December 1, 2006. The final approval of the license will be scheduled for November 20, 2006 to allow the state paperwork to be filed At this time staff recommends holding a public hearing for an intoxicating liquor license. Attachment A (Legal Notice) CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City Council of the City of Fridley will hold a public hearing at the Fridley Municipal Center, 6431 University Avenue NE, Fridley, Minnesota, on Monday, November 13, 2006, at 730 p.m. on the question of issuing an on-sale Into�cating Liquor License to William J Bisek, 15880 Xeon Street, Andover, MN 55304, for JWBB Inc dba Baggans Pub located at 3720 East River Road, Fridley, Minnesota. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than November 6, 2006. Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk (Published.• October 26, 2006 in the Fridley Sun Focus) �� `� � �� Q,1 � t.:E' a''� � k s 4..a1' �� '�.. F� �' '�°. �i' ��. � r� [k +B �.. �5' } ( . � G � [�� i r �,a Fridley Police Department Memorandum To: Deb Skogen, City Clerk From: Don Abbott, Public Safety Director Date: November 1, 2006 Re: Liquor License Background Check: William Bisek Per City Code, Chapter 603.07, the Police Department completed a background investigation on Mr. William Bisek, applicant for an On-Sale Liquor License for Baggan's Pub at 3720 E. River Rd. NE. Sgt. Prois conducted this investigation in later October of 2006 for the purpose of verifying the information included in his License Application. This memo is prepared to report concerns with items in Mr. Bisek's background that are germane to his application, as required by Code. Ultimately, we found no items that would preclude the issuance of a liquor license as provided by State Law or Fridley City Code. The items of concern are: 1. Mr. Bisek's criminal record includes three DUI convictions (1988, 1999, and 2002). Mr. Bisek acknowledges the violations and claims he no longer consumes alcohol. 2. Mr. Bisek's criminal record includes a misdemeanor conviction for gambling in 1994. Sgt. Prios determined that Mr. Bisek ran or allowed a dice game to run in his bar (Kelley's Korner in Centerville, MN). 3. Mr. Bisek owned Kelley's corner in Centerville between 1993 — 2006. During that time, Centennial Lakes Police completed approximately 4 alcohol & tobacco compliance checks per year. Records indicate that Kelley's Korner failed these checks four (4) times in that 13-year period, and sold either alcohol (twice) or tobacco products (twice) to minors. Records show no occurrence of Mr. Bisek selling to minors personally and his employees acknowledged that Mr. Bisek was strict about not selling to minors and provided training to his staff in an effort to prevent that. In addition, records show three after-hours sales violations, again to employees of Mr. Bisek. Centennial Lakes Police Chief Bob Makela had generally positive comments about Mr. Bisek's conduct as a liquor licensee. As Director of Public Safety, I recommend issuance of an On-Sale Liquor License, and subordinate licenses and endorsements, to Mr. Bisek with reservations as noted above, with a provision for no violations allowed for re-licensure at the next renewal period. � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director November 8, 2006 Public Hearing: Neighborhood Street Improvement Project No. ST. 2007-1 PW06-063 A neighborhood open house was held on Tuesday, October 3, 2006, in the Council Chambers to present the 2007 street project to any interested residents. There were 67 people in attendance representing 62 properties. The project covers approximately 3.7 miles of streets. Staff gave a presentation of the work, schedule and assessments. The evening concluded with approximately 45 minutes of question and answers. Topics ranged from drainage, to access, to boulevard restoration. The overall discussion was well received and very positive. A newsletter and survey questionnaire were sent to all of the residents in the project area. We had an excellent response receiving over half of the questionnaires back prior to the open house. Surveys, letters, and phone calls continue to be received weekly. The Public Hearing for the 2007 Street Project is scheduled for the Council Meeting of Nov 13. Staff has been very careful about following all proper procedures for notifying the affected residents; individual letters inviting them to the meeting, discussion about it at the Neighborhood meeting, and publication in the Focus Legal Ads section. Unfortunately staff didn't have the City Council pass the Resolution Ordering the Preliminary Report (which should been passed when we accepted the design contract back in June) and also pass the Resolution Receiving the Report and setting the Public Hearing for the November 13 meeting. This time we were so focused on making sure the affected residents were given ample and proper notice that we forgot about the necessary actions by Council that normally accompany the process. We have discussed the issue with Mr. Knaak and he has provided guidance as to fulfill the requirements of the Chapter 429 assessment process. First, we have placed on the Agenda a Resolution ordering the Preliminary Report on the Project. Then, we have placed on the Agenda a Resolution accepting the Preliminary Report on the Project and Calling for a Public Hearing to be held on Nov 13. The information in the Preliminary Report is what is presented in the Public Hearing presentation. Council action must be taken on these two resolutions prior to the Public Hearing. Recommend the City Council open the Public Hearing to present the Preliminary Report and take citizen input. We would recommend that the Public Hearing be kept open until the meeting of December 4. This will provide opportunity to take any additional comments from citizens at the Continued Public Hearing on December4 and then close the Public Hearing. In the meantime, we will place another legal notice in the Fridley Focus regarding the continued Public Hearing. JHH:Io 2P Columbla Nelphts 3 Frldley Sun-Focus-Thursday, Oct.26, 2006- www.mnSun.com LEGAL NOTICES City of Fridley {OMiclai Publlealion) 70 BE SOLD BY SEALED BID 14+ aulo'a 8 trucks, CNy owned & IoAeited. Inspection 6 bids can be made at the Ciy of Frklley Public Works garage lowted at 400 77s1 Ave NE. (behintl Columbia Arena) Irom 9:00 AM to 2:00 PM Nov., 2 8 3 8 Irom 8:00 AM'fo 72:00 PM on Sat. Nov.. 4th, 2006. Bids close et 12:00 PM 71/4N6. (Od. 26 & Nov. 2, 2006)12•city auclbn -JA City of Fridley (Oflkial Publleation) fRIDLEY, MINNESOTA NOYEMBEH 7, 2006 INSTFUCTIONS TO VOTERS, To vote, completely NI in the oval�s) nexl lo your choice(s) Ifke this: • COUNqLMENBEq WARD 1 '" • FI: �.(VOTE FOH'ON� . _ ., Q Del Jenldns Q �m Saelke � (Writedn, N airy) COUNCIkMEMBEFi WApD 2 y; :.; � �:tVOTE FOH ONE) .. . . Dolores M. Varichak Pam Reyndds � (WrNe-fn� X anY) COUNCR�MEMBER WAflD 3 : � c:rIVOTE�FOR�.9NE) _., . �Mn Bolkcom AI Stahberg (Write-in, if a�ry) .. -".: _'.G�TY-CUF9TIONS ."... �� INSTRUCTIONSTOVOTERS, �� To vole lor a question, fill in ihe ovd nezl W Ihe wad'YES" br Ihat quesGon. To wte apafnst a question, fiB in the oval �rext b the word'NO' Iw �hat question. �uesibn TNb: Shell lhe City I�reu� the water, ssnitary eewer end storm wriar retes7 �ry �ia ereqWied towet operefions lAce a buslne9s. Due tp fhe CJty ChBrtef GmNe- Son on rate Maeases, the operaBona lost ePProximetely SSOD.000 in 2005. TMe Clty expecfs similer or yreafer bues M 2006 and beyond uMess fliese rates aro nised as /aWowa: Wafer- 18 eents per 7,000 gn6 lons useQ SanRary Sewer - 32 cents per f,000 pa/bna o! weter used; an0 Sform Water- 13 ceMS per querter per resldeMfal P�PByY•� Q YES Do you approve Ihe utility ra�e h,creases �is�ea eoove Q NO ihat are needed to brinp rov- erwes even wilh expensesT By. Debra A Skopen, Cily Clerk (PubM1Shed In the Fridley Foeua Octobar 19, 26 anJ November 2. 2006) (Ocl. 19. 28 8 Nw. 2. 2006) t2/GE Ballol City of Fridley (Ofllelal Pubilcatlon) c�ry w Fr�mey Notlee M Federel, Stata end Municlpal In said precincl, on Tuesdey, the 71f� day of Novembar, 2006, al which Ihe poll� will be open irom the hour ot seven (7) o'clock a.m., to the hour of eight (8) o'GOek p.m., Iw the purpose ol alecling car�tlates for slate and �eaeral om�ce. (2) AGing as the Canvassing BoaM for Me City ol Fndley, Minnesota, Ihe Cily Coundl shall meel at FriCley CHy Hell, 6437 University Avenue NE, Fridley, Minnesola on Monday, November 13, 2006, st 7:30 p.m, to canvas ihe resulls ol safd election e�q to deGare iha resulis ihereoi. Debre A. S ge n, Cily Clerk Cfry ol Fridleyf Published'm ihe FriOley Sun Focus, Oelober 1 B, 26 a�d November 2, 2006. fOcl. 19, 26 6 Nov. 2, 2006) I?J2U06 NOGE City of Fridiey (OHiclal Publleellon) CITY OF FRIDLEY PUBLIC ACCUHACY TEST 2006 fEDERAL; STATE AND NUNICIPpL ELECTION The Olficial Publ'ic Aauracy Test la the CNy of Fridley witl be held on Thursday, November 2. 2006, al 8:30 p.m. in the Fritlley Munfeipal Center, lower level, Meeling Rooms 1 aM 2, 6431 Univercily Averwa Norlheasl, Fridley, MN 55432. The puryose d Ihe tesl is lo ascertain thal the ebelion equipment wiq conedy mark end couM tM votes cast lor the Fedetal. Sfate and Municipal Eledbn lo be heM November 7. 200B. Debra A. Skogen, Ciry Clerk Ciy of Fridley Pub6sAetl In Ihe Fridley S�m-Focus Oclober �m 26. 2006 (Oct. 26, 2006) @I20D6 PAT General City of Fridley (Otticlal Publleetion) (Legsl Notiq) GTY OF FRIDLEY PUBLIC HEARIN6 BEFORE THE CITY COUNCIL Notioe Is hereby gNe� tAat the Clty CounrJl ol Ne Ciry d Frklley wIA hoM e pub- lic hearinp al 1ha Fridey Munic�d Center, 8431 University Avenue NE. Fridley, Minnesota, on Monday, November 13, 2D06, at 7:30 p.m. on tl�e question ol issul� an on-sele Intozieating Liquor License to William J Bisek, 15880 Xeon Street, Andover, MN 55304, lor JWBB Inc dba Baggr__ �... �---'-' -' ""' _... RNer Road, Ht iny to etlend jr per- sons � xlliary aids sl . .t 572- 3500 r Anyor natter shoul� it this W� /s/ Det (PubFS -ri�ey SLnFa Ganeral Elect{on . (1) To the. EleNOrs ol lhe CITY of FRIDLEV, (< �b Stale ol Minnesota; NOTICE IS HERE6Y GIVEN: Thet a s�ate Ge�reral Eleelion wip be Cit Of F�'id12 held in aA pretlncls ol Ihe above named city y y e� (011lelal Publicat�on) Wt-Pt Grace Evangelical Free Church CITY OF FRIDLEY 755 73rd Ave NE NOTICE OF HEARINCa ON �• W1-P2 Hayes Elemenlary School 615 M'BSissippi S� NE IMPROVEMENTS W7-P3 Fritlley Municipal Center STREET IMPROVEMENT PROJECT NO. 6431 Univers�Yy Ave NE 5T. 2007-1 Wt-P4 Fridley Gommunity Cenler WHEREAS, the Cily Coundi ol Ihe City ol 608571hStreetNE Fridley, Anoka County. Minnesota, �es W2•P/ Woodcresl ElemeMary Scfqol tleemed it expedienl to �eceive evidence 880 Osborne Road NE perlaining lo the improvements hereinafler W2•P2 Kniphls of Columbus Hall desafied. 6837 Highway 65 NE W2•P3 SI. Phiflps Lul�eran Church NOW, THEREFORE, NOTICE IS HEREBV 6180 Highway 65 NE GIVEN THAT on the 13th Day ol November, W2•P4 Norih Park Elemenlary School, 2006, a1 7:30 pm, Ihe Ci1y Courcil m71 meef Gym 1, 5575 Fillmore S� NE al �he Fridley Municipal Center Council W2•PS North Park Elementary School, C�ambers, 6431 University Avenue NE, Gym 2, 5575 Fillmore SI NE Fridley, MN, and wiN et said lime and place W3-Pt Springbrook Nalure Cenler hear all parlies interested in said improve- tOD BSth Ave NE menis'in whole or in paA. W3-P2 Redeemer Lulheren Chwch The general nafure of the improvemenl is 61 Mississippi St NE tAe conslruction (in Ihe lands and street W3•P3 Slevenson Elemenlary Schod noled below) of Ihe Iollowing, to-wit: 6080 East River Road NE W3-P4 Fridley Cwenant Church CONSTRUCTION ITEM 639D University Ave NE Slreet im rwemenla, indudin radi ..._.. __...__......_......_.._....... P 99 �9.sta- bll¢ed bese, hot-mix Dituminous mat, coir crele curb and guller, storm sewer system, water and senilary sewer, landseapinp, and other fadHlies lowted as Idlows: STREETIMPROVEMENTPROJECTNO. sT.2oo�-t 4fh Street - 5712 Avenue to 67 st Avenue 5th Street - 57 72 Avenue l0 60th Avenue 6t� Sireet - 57 7!2 Avenue b 601h Avenue 61h Stteet - 61 sl Avenue to 63rd Avenue SRh Plau - 7th Slreet to Jellerson Streat 571/2 Avenua - 41A Street to 6th Streel 58th Avsnua - 4th Street to BIA Streel 58 1/2 Avenue - Little League Fieltls to Monroe Slreet 60th Avenue - 41h Street l0 51h Slreet 63rtl Arenus - Sth Sireet to 7M SVeel JeHeroon SUeet - 57�h Place W 59Ih Avenue Unfversity Avenua Servies Drive - 41h Slreet to 7�h Streel WasMnglon Streel - SBth Avenue b 591h Avenue Coneerto Curve - 73rd Avenue to Ballel BoulevaM Lyric Lane - 73rd Avenue l0 8allel Boulevard Melody Drive - 73rd Avenue to Ballet Boulevard Tempo Terreee - 73rd Avenue to Ballet BoWevard Memory Lane - 73rd Avenue lo Ballel BoulevaN Ballet BoulevaM - Lyric Lane to Memory Lane Community Perk Ba11tIeWs No.'s 1 8 2 For constructlon ilem above, TNE ESTI- MATED COST IS : ...............53.799.00D.00 All of t�e land abuttfng upon safd streel nemed ebova e�d all lentls witttin, adaceM and abultinp iherelo. AY ol saM land to 6e assessed propoAion- atey accordinp �o Ihe benelHs receivea by sue� Improvemant HearMg impairetl persons plannirg to atterM who need an inlsrpreter or other persons wNh dsabllilies who requfre auxiliary aids, chouM conlact Roberta CdFns at 572-3500 no laler Men November 6. 20D6. PUBLISHED: FRlOLEY FOCUS ( OcL 26. 20D6) f2�-P� s12007-t hrp City of Columbia HeigMs (OHklel PubNeetlon) NOTICE OF STATE GENERAL ELECTION To the Eledors of tha CI7Y ot COLUYBW HEIGHTS, $lata of Mi�mesota; NOTICE IS �m HEREBY GIVEN: That a General Ele�tion wNl be helC M a9 the F7eclion Precincls ot IM ebova named dly at• 1. COLUMBIA HEICaHTS P-1 .IOIiN P MURZYN HALL 530 MILL STREET NE 2 COWMBIA HEIGH75 P-2 IMMACULATE CONCEpTION CATHOLIC CHURCH 403U JACKSON ST NE 9. COWNBIA HEIGHTS P.9 PARIMEW VILLA 865 �OTH AVENUE NE �. COLUMBIA HEIGHTS P�4 HIGHLAND ELEMENTARY SCHOOL 7500 09TH AVENUE NE 5. COLUMBIA HEIGHTS P-5 FIRST LUTHERAN CHURCH 1555 40TH AVENUE NE 6. COLUMBIA HEIGHTS P-6 HIGHIAND ELEMENTARY SCHOOL 7500 49TH AVENUE NE 7. COLUMBIA HEIGHTS P-7 VALLEY VIEW ELEMENTARY SCHOOL 800 49TFI AVENUE NE 8. COLUAABIA HEIGHTS P-8 VALLEV VIEW ELEMENTARY SCHOOL B00 49TH AVENUE NE _. In saiA preci�d, on Tuesday, ihe Seventh day ol NovemDer, 20D6, at whicA lime the potls wql be open irom Ihe trour of seven (� o'cbck A.M., to the Iwur of ei{�t (8) o'dock P.M., for Ihe purpose of eleding Canddates br Ihe lolbwing offices, lo wll: FEDERAL OFFICES • UnNed States Senalor • Untted Slales Representalive for Diclricl5 STATE LEGISLATIVE OFFICES • Stale Senala for Distrid 50 • Stale Representative for DislriM SOA STATE CONSTfTUTIONAL OFFICES • Gwemor arW Lieutenant Governor • Secretary of S�ale • Atlomey General � Slate Audilm� CONSTITUTIONAL AMENDMENT � AmerWmeM One: PNASED IN DEDICA• i• In the Community, �th the Communiry, For the Commursiry TION OF THE MOTOR VEHICLE SALES TNC TO HIGHWAYS ANU PUB- LIC TRANSR JUDICIAL OFFlCES • Associate Jusfice Supreme Courl for sem i • Jutlge for Courl of Appeals Seats: 6, 7, 17 and 12. • Jutlge lor TeMh Distrid Seals: 2, 6, 10, 11. 12. 13, i6. 17. 25, 32 and 33 ANOKA COUNTY OFFICES • CouMy Commissione� for Distrid 4 � • County Attomey • Co�my Snarm • Soil 6 Water Conservation Supervisor lor Dislricls 3 antl 4 � CITY OFFlCES ANOKA COUNTY OFFICE3: Counly Commissioner for Dislrict 4, Couny SheriB, County Attomey, Soil 6 Waler Conservation Supervisor tor Districts 3 end 4. CtTY OFFICES: Mayor, Two City Council Members. SCHOOL DISTRICT OFFICES: Three Independent School Districl 13 Boerd Members. NOHTH SUBURBAN HOSPRAL DISTRICT OFFICE: One Board Member. Rulh J, Nelsen, Hilltop Ciry Gerk „ ( Oct. 26, 2006) Y2-General Eledion Noti� School District 14 • Tv+oY Gty Coundl Membera (OHlcial Publleatlon) ' • One City Question: ESTABIISH A Mlnulas Summary FOUH-WARD, 7W0 AT-LARGE COUN- School Board Businecs Maeting C�LMEMBER SVSTEM OF REPRE- Fridley IndepenMM Sehool DIstrIM 71 SENiATION September 19. 2006 SCHOOL DISTRiCT This fs a summary of minNes ol Ihe Fridley • Three Board Membere lor IndeperWeM �School Board Meeting IAat took plece on School DisUld 13 Tuestlay, Seplember 18, 2006 at Fridley CNy Hetl. lTe f W Ie�A � avaBable for publie Dated Oclober 20. ZOD6 inspadicn cn our websNe www.iridlev.kl2. WINam Elrlle. Gerk mn.us end in ihe �ce of tAe SuperiMan- Gry ol Columbla Heiphls deM. FrWley FGph Sdad, 6000 Wesl Moore (Oct. 28. 20 061 12-2 0 0 6 Gen Etedion PM Lake Drive. Fridry. AAh�nasWa. The followinp actlons were taken: 1. Ths Meatinp wss Glkd to Ordar City Of Columbla Helghts �air Bischke eapetl Me Busfnesc Meeling - 01 the Fri�ey Sehool BoaN lo order et 7:35 (OHlelal Pubiiution) p.m. on Tuesday. Seplember 1B. 20D6 in Iha CITY OF COLUMBIA HEIGHTS Fridley City Cou�dl Chambers. PresenL• BacklunC, BiscAke, Lindbletl, Pitltlle, NOTICE Sampson, and Tl9bsrry. ADseM: None. � The Publie Accufacy Test tor the Novembet Z APP�'tl ol Age�da 7, 20D6 Primary Eleelion will be run on �1D^ �' �� eecontled by Lindbled, on Wednesday, November 1, 2008 at 10:30 �o approve ths egenda lor September 79, p.m. in ihe Conierence Room al the 2008• �lp°^ wte baing faken, all voted 'm Columbia Heights City Hall, Columbla �avor, nons voted apainst, none abslainetl. Heights, MlnnesOte, to flscertein that ttie Motion eartbd 5-0. �� , �� 3. RasoluNon Fllling SeAool Board la ap oHicet. ��^�Y M APPanImsM WRliam Elrite. Chris Ridds was appoFded to flll Ihe unez- Ciy Gerk phetl term W tlie School BoeN seat vaca�ed CRy of Columbfa Hefghts by Lary Jotwnon. F6c te'm wip begin imme- (PubNshed Ocl�er 26. 2006) dlately and rnMMu» unip tl�s first Monday Y� (Od. 26. 20DB) @-Publb AccuraoY Gen-pm ed�' 20D8 and wNfl a wccassor is eled- � n,� eaaa.�a, ��dw ny �r. Ci of Hillto a °�'°°°'""�°k1nisnA °' �^°�'�° tY P w m u�e sawd eoa�d �vao.rwy wM a te�m OIIIcIN Publke(ICn b � CRY Of HRLTOP � Upon mU belnp cslsd. Baddund,�8 �isdYCe, NOTICE OF PUBLIC ACCURACY TEST Lindpled. and 1Wbsny votetl k� fava. none 6ENERAL ELECTION voted apalnsL nais abstahieLL MWion car- Notice � hereby gNen that ths Ciry ol Hilllop rbd 40. Mx Me motbn was passed, CMis wiil conduct a publfc aeeuracy tesl on Ridde jo4�atl Ihs Sci�oW Board on tne dals. Thmstla , Nwember 2, 2006 at a�o0 � 4. Annual Report on Currlculum, the councN d�ambets of HiNI CN Hall, ~� �nd Student AchlevamsM 4� �� N� �°P Y Ths reporl indudes summsries of districl Itop, MN 55421. testing results on Ihe Minnesota ThB ��0� °� �� 1O �� Comprehanalve Assesements and Bask equipmerq wiB cortectly couM Me rotes ced SkiNs Tecls aa well as stafl development tor all otRces on the balbt tor tl�e Novembsr ��. In ad6Wn to beinp maAed b Fridley 7. 2006 Ge�eral Electim. resfdsMS. tM luq repoA is avellable on Me RWA J. Nelsen. Cily qerk d�strkt v�rebsNe a� xrww.lrMlev.kt2.mn.us. CNy of HIMop Nbtbn by Linddad. seeondad by TNlberry ro 763-571-2023 epprova ihe Annual R Inshuclion aM SludeM A�ddevemenL Upon ( Ocl. 26, 2006) ¢-AccuraqTesl GENERAI ��e beinp taken, all voted fn lava, nona wted apaine4 none abstained. Motion car- Ci}�� af Hilito ifed5'0• `7 P 5. DlatrM 14 Tax Lsvy for 2006 Peyable (Otflelal Publiwtion) �� Z�� CRY OF MILLTOP T� ��a ��ed �o adopt a proposed NOTICE OF STATE GENERAL ELECTION �� ' �s' The final levy wfll be approvad in December. When cerif- NOTICE IS HEREBY GNEN to Iha wlers d h�^B a' levy, lhe levy totals can be bwered Ihe Ctty ot HilNop, Minnesote, ihal a General bul nM inereasetl excapf in Ihe case M a Eledion will ba heW in Ihe Hitltop eledion ��er-approvetl levy or borW rele�enduyn. precind loeatad et Hilllop Ci�y Hall, 4555 T�refore the board approved ihe maxMwm Jaekson Street NE. Hilllop, Minnasota on aulhorited �evy la 2006 payeble M 2007. Tuesday. November 7. 20D6. Pblk will be �lion by Badclund, sewnded by L1rMbiad, open Irom 7:D0 am. to 8:00 p.m. lor Ihe pur- a approve fhe mazimum aulhoNZed lery irn pose oi aleding Ca'M'�dales lor Ihe lollowirg po06 payable in 2007.Upon vote befnp offices: _ laken, all wted M levor. nona wIM apains4 FEDERAL OFFICES: United Stetes �� abslafned. Motion carrietl 6-0. Senalor, Uniled States Reprecenlative lor 6. Consent Agenda Routine Aelion Dislrid 5. Ilems STATE LEGISLATNE OFFICES: Stale �"�� bY Baekluntl, seconded by Ridde to Senalw fa Distriel 50, Slate Representalive approve ths Consent Agenda ol �ouline lor Dishict SOA. aclron tlems InGudng minules ol ihe Schod STA7E CONSTITUTIONAL OFFICES: B°artl buNness meelinp and work seuion Govema aM Lieulenant Govemor. Attomey held on Aug�al 15. 20D6: arW monfhy linan Genaral. Secrelary d Stale, Slale Audlor. eial� repoAS; new conirects, emendmenis, CONSTITUTIONAL AMENDMENT: ��olebsenea,endlerminalions. Amendmenl One: Phased in dedicetfon ol �• Adjoumment Ihe motor vehicle seles taz lo highwaya and Motion by Lh�dbiad, seconded Dy Riddle lo puM�e IransB. a�ourn al 8:37 p.m. JUDICIAI OFFICES: AssocWte Justice ol � Suprame Court lor Seat 1, Judge fw Courf (�• �+� 2006) @- Minutes Summ 9•19-06 of Appeah Seals 6,7,17, and 12. Judge lor Tenfh Dislriet Seals: 2, 6, 70, 11, 12, 13, 18. '�• �� end �• Legal Notices cont. next page � � CffY OF FRIDLEI' T0: FROM: DATE: RE: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 13, 2006 The Honorable Mayor and City Council William W. Burns, City Manager November 8, 2006 Prevailing Wage Legislation Councilmember Rick Wolfe requested that I include the attached legislation on the November 13 agenda. This is consistent with my past policy of honoring any Council member's request for legislative consideration. Attachment ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRIDLEY, MINNESOTA, REPEALING ORDINANCE NO. 1095, AN ORDINANCE THAT ADOPTED THE PREVAILING HOURS OF LABOR AND PREVAILING WAGE WITHIN THE CITY OF FRIDLEY ON CERTAIN PROJECTS ON OR WITH THE CITY, AND ANY RULES AND REGULATIONS PROMULGATED THEREUNDER The City Council of the City of Fridley does ordain as follows: 1. That Ordinance No. 1095 of the City of Fridley, Minnesota, which provides for the working of prevailing hours and the payment of prevailing wages within the City of Fridley adopted May 15, 1997, be and hereby is REPEALED. 2. That Resolution No. 38-1997, and any and all other resolutions, written rules, policies or practices of the City done for the purpose of implementing and enforcing the provisions of Fridley Ordinance No. 1095 within the City is or are hereby REPEALED. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2006. SCOTT J. LUND ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: Second Reading: Publication: � � AGENDA ITEM ��F CITY COUNCIL MEETING OF NOVEMBER 13, 2006 FRIDLEI' INFORMAL STATUS REPORTS