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11/20/2006 - 6116� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, ADDRFSS AND /i'FM MUMSFR YaU ARF /NTSRFSTFD /N. _ �. , Print Nam+� (Cl+early) Address Item Na. � v� �., . � . ,� , _ � �r • _ -� ' < ,� G, '�`°� � � •� .� �G � � � � � � l � r � L. �� , w u ;�; y . ,¢,..,: � I � , , , ,_ � ,• _ _ , , , ; ,.' ��.3°� �- t � ' ' �- i � 1 �.: �:- . C � 1 ; 1 t� L: — �.5 f�r� d ' ' ' ` �J�, /i�—L .�>n�. 4 i �1 .�. . �� . � �. � �,�;- ,:�'� ( - � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 .L ..-_ '� _! ! ts� � U CfTY OF FR�LEY 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. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 'Z.DO�o-�S � 1. Resolution Confirming the Statutory Level of Tort Limits ................................... 1- 2 2.b0(�-$2 2. Resolution Abating a Portion of the Assessment for Certain Properties within the 2006 —1 Street Improvement Project ....................... 3 - 4 2oa(o-`d3 3. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2007 Calendar Year ............ 5- 6 �o� -$� 4. Resolution Extending the Term of the Southern Anoka County Community Consortium Joint Powers Agreement ......................... 7 -16 5. C'� r� Approve Change Order No. 1 for the 2006 Miscellaneous Concrete Repair Project No. 365 ........................................... 17 - 18 Claims............................................. 19 Licenses :......................................... 20 - 22 8. Estimates ........................................ 23 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes � PUBLIC HEARING: �!. U 9. Consider Revocation of Special Use Permit, SP #06-08, for Sinclair Fridley, Generally Located at 6071 University Avenue N.E. (1lVard 1) ................................... 24 - 27 10. Informal Status Reports .......... ADJOURN. 28 � � CITY COUNCIL MEETING OF NOVEMBER 20, 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. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Confirming the Statutory Level ofTort Limits .............................................................................................. 1- 2 2. Resolution Abating a Portion of the Assessment for Certain Properties within the 2006 — 1 Street Improvement Project .................................................................................. 3 - 4 3. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2007 Calendar Year........................................................................................................... 5 - 6 4. Resolution Extending the Term of the Southern Anoka County Community Consortium Joint Powers Agreement .................................................................................... 7 - 16 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Approve Change Order No. 1 for the 2006 Miscellaneous Concrete Repair Project No. 365 ...................................................................................................... 17 - 18 6. Claims ........................................................................................................ 19 7. Licenses ..................................................................................................... 20 - 22 8. Estimates ................................................................................................... 23 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 9. Consider Revocation of Special Use Permit, SP #06-08, for Sinclair Fridley, Generally Located at 6071 University Avenue N.E. (Ward 1) ....................................................................................................... 24 - 27 10. Informal Status Reports ..................................................................................... 28 ADJOURN. � � CffY OF FRIDLEY T0: FROM: DATE: RE: AGENDA ITEM CITY COUNCIL MEETING OF November 20, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR NOVEMBER 16, 2006 RESOLUTION CONFIRMING THE STATUTORY LEVEL OF TORT LIMITS Staff is currently in the process of working with the League of Minnesota Cities Insurance Trust to renew the insurance policies for the ne�t year. One of the items that requires Council's attention is regarding establishing the limit of Tort Liability. Due to the nature of this decision, the League Trust requires that this decision be made by the City Council. Staff is recommending that the City does not waive the statutory tort limit. In this case the legal limit of tort liability would be capped at $300,000 per occurrence and $1,000,000 in aggregate. Should we waive our limit of tort liability, a claimant could potentially recover up to $1,000,000 per occurrence with the event having an aggregate expose of $1,000,000. Again, Staff recommends that the Council approve the attached resolution that does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. RDP/me Attachment RESOLUTION NO. - 2006 A RESOLUTION CONFIRMING THE STATUTORY LEVEL OF TORT LIMITS WHEREAS, the City of Fridley maintains its insurance coverage through the League of Minnesota Insurance Trust; and WHEREAS, the League of Minnesota Insurance Trust requires the City Council to provide direction in regard to statutory tort liability limits for the City of Fridley; and WHEREAS, under Minnesota state law, if a city chooses to insure itself for an amount in excess of the statutory limits provided by state law, it will be deemed to have waived the protection of those statutory limits to the e�tent of any increase in the insured coverage amount; and WHEREAS, any increased coverage amount will result in an increase in the cost of insurance to the City; and WHEREAS, the current statutory tort limits are a maximum of $300,000 for an individual single claim, and $1,000,000 for a group of claimants on any single claim; and WHEREAS, the City of Fridley finds no reasonable basis to e�tend liability coverage beyond those amounts provided for under Minnesota law; and WHEREAS, the City of Fridley finds it to be in its best interest to be insured to the full extent of liability imposed by law, but not beyond those statutory limits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that it accepts up to and only to the e�tent of the statutory tort liability limits as expressly provided under Minnesota law. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF DECEMBER, 2006. SCOTT J. LUND Mayor ATTEST DEB SKOGEN - CITY CLERK � � CffY OF FRIDLEY i'�: FROM.• AGENDA ITEM COUNCIL MEETING OF NOVEMBER 20, 2006 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• A RESOL UTION ABATING A PORTION OF THE ASSESSMENT FOR CERTAIN PROPERTIES WITHIN THE 2006-1 STREET IMPROVEMENT PROJECT Date: November 17, 20066 On the evening of October 23, 2006, Staff presented the final assessment role and resolution associated with the 2006-1 Street Project. Staff indicated at the October 23rd Council Meeting that they would be coming back to Council with an abatement resolution reducing a few of the properties within the assessment. This year along with the street improvement, residents were allowed to include their driveway as part of the assessment, as long as they agreed to be assessed for 100% of the cost. This is similar to what was done with last year's street project. Due to the length of the project and issues that were identified at the public hearing, final numbers were not available until just recently. The final assessment role that was presented on October 23, 2006, included a few estimates that were known to be high and are to be adjusted by the attached resolution. This was done so as not to postpone the assessment until next year and add one more years worth of interest expense to each homeowner. Staff recommends the approval of the resolution abating a portion of the assessment for certain properties within the 2006-1 Street Improvement Project. RDP/me Attachment RESOLUTION NO. - 2006 A RESOLUTION ABATING A PORTION OF THE ASSESSMENT FOR CERTAIN PROPERTIES WITHIN THE 2006-1 STREET IMPROVEMENT PROJECT WHEREAS, the City Council on the evening of October 23, 2006 approved the final assessment on all of the properties within the 2006-1 Street Improvement Project; and WHEREAS, due to the magnitude of the 2006 -1 Street Improvement Project and the desire by the city to assess the properties during 2006 it was necessary to prepare the final assessment role prior to the establishment of final costs for a few properties, and WHEREAS, in order to properly assess a number of the properties in which the final costs had not been determined at the date of the final assessment hearing and resolution, the Council wishes to reduce the assessments on the following properties to fairly reflect the actual costs associated with each improved property, and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley, is abating the principle amounts of the ST. 2006-1 Street Improvement Project on the following lots: 2006-1 Street Reconstruction Abatement ' PIN ' ' ADD1xESS ' AM�UNT 143024410050 752 63rd Ave N.E. 178.00 143024410032 6360 Jackson Street N.E. 537.47 143024410034 6340 Jackson Street N.E. 750.00 143024110021 720 Kennaston Drive N.E. 1,006.00 143024140103 6700 Kennaston Drive N.E. 300.00 143024140008 6730 Quincy Street N.E. 250.00 133024220069 981 Overton Drive N.E. 5,222.00 143024220053 246 Rice Creek Blvd N.E. 600.00 143024130074 6730 Madison Street N.E. 270.00 $9,113.47 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 � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 20, 2006 William W. Burns, City Manager Deborah K. Dahl, Human Resources Director November 15, 2006 Compensation Adjustments In order to prepare the final figures for the Personal Services portion of the 2007 budget, it will be necessary for the City Council to approve any adjustments to salaries, benefits and other forms of compensation for 2007. I recommend the following for full- and part-time City employees: 1. A general increase of 3.0 percent in salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. Staff recommends Council's approval of the attached resolution. Thank you for your attention to this matter. dkd/rsc Attachment RESOLUTION NO. RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 2007 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City employees within budgetary constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity Act; and WHEREAS, the City Council and City staff have reviewed the City's financial position as well as economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments and changes be authorized for non-union employees of the City of Fridley, effective January 1, 2007: 1. A general increase of 3.0 percent in non-union employee salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK ■' AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 20, 2006 CRY OF FRIDLEY . TO: The Honorable Mayor and City Council � � FROM: William W. Burns, City Manager � J4 DATE: November 16, 2006 RE: Egtension of the SACCC Joint Powers Agreement The Southern Anoka County Community Consortium agreed to ask their membership to renew the current SACCC Joint Powers Agreement by extending the term to December 31, 2008. Please note the attached memorandum from Tim Yantos, a resolution providing for the extension, and a copy of the initial agreement. Staff recommends that Council approve the attached resolution. rsc Attachments 7 TIM YANTOS Deputy County Administrator Direct #763-323-5692 C ovNTY aF ANOKA OFFICE OF COUNTY ADMII�TISTRATION GOVERNMENT CENTER 2100 3xn AvErtuE, A1�oxA, MINNESOTA 55303-2265 (763) 323-5700 October 10, 2006 MEMO TO: Commissioner Jim Kordiak Nancy Kaldor, Superintendent, Columbia Heights Ind. School District #13 Walter Fehst, City Manager, City of Columbia Heights Mark A. Robertson, Superintendent, Fridley Ind. School District #14 Dr. William W. Burns, Manager, City of Fridley Ruth Nelsen, City Clerk, City of Hilltop FROM: Tim Yantos, Deputy County Administrator SUBJECT: Renewal of Joint Powers Agreement, Values First, and SACC Coordinator Services for2007-2008 At the October 4, 2006 meeting of the Southern Anoka County Community Consortium (SACCC), the consortium addressed the subject that the participating SACC members consider renewing the current Joint Powers Agreement by extending the term to December 31, 2008. According to Article 8 of the current Joint Powers Agreement, "This agreement may be renewed for an additional term of two years each by resolution of all the governing bodies of the parties hereto, prior to the expiration date of this agreement." I have attached a sample resolution you may wish to use to allow for this extension. Anoka County is expected to continue financial support of SACCC/Values First through 2008 at the current 2006 level. We are hoping that the cities and school will continue to support this effort at their existing 17-hour/week financial level. It is my understanding from the Values First Executive Committee that this would be acceptable to Barbara Tuccitto Warren and that Values First would make attempts to fund additional hours through grant requests. We understand the consortium recommends the 17-hour work week be divided between Values First and SACC, with approximately 12 hours per week for Values First and the remaining 5 hours per week for SACCC. We would recommend that this contract position be for 2 years; however, continued funding of the position .would be addressed annually by the consortium members. FAX: 763-323-5682 TDD/TTY: 763-323-5289 ,.,�, October 10, 2006 Page 2 The following table details a breakdown of inember costs for 2007 and 2008 for the Values FirsdSACCC coordinator contract: The consortium requests each member governing body take action on the approval of the extension for the Joint Powers Agreement and funding of the coordinator by December 1, 2006. Please address these matters with your governmental members and once approved, forward a signed copy of the Joint Powers Agreement to: Tim Yantos, Deputy Administrator Anoka County Government Center 2100 3`� Avenue Anoka, MN 55303-2265 Should you have any questions regarding this matter, please do not hesitate to contact me at 763-323- 5692. 'TY/lb Enclosures (1) cc: Barbara Warren, SACCC Program Coordinator 0 RESOLUTION NO. 2006 - RESOLUTION EXTENDING THE TERM OF THE SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, in June of 1995, a Joint Powers Agreement established the Southern Anoka County Community Consortium consisting of Anoka County, and the Cities of Columbia Heights, Fridley, Hilltop, and Independent School District Nos. 13 and 14; and, WHEREAS, the general purpose of this Joint Powers Agreement is to a11ow each party to jointly and cooperatively coordinate the delivery of services, m�imize the use of resources, avoid redundancy, encourage public, private community partnership, and to develop and fmd programs to promote the general community health and safety in the territory of the cities herein; and, WHEREAS, a very successful example of this joint, cooperative effort is the establishment of the community values program known as Values First, which has been recognized throughout the country as a model for promoting core values consistently across a11 sectors of the community so that youth and adults have a common, inclusive foundation upon with to operate, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley supports the efforts of the Southern Anoka County Community Consortium and does hereby renew and enter into the aforesaid Southern Anoka County Community Consortium Joint Powers Agreement until December 31, 2008, unless earlier terminated or extended under the terms hereof. PASSED AND ADOPTED BY 'TI� CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 2006. ATTEST: DEBRA A. SKOGEN - CITY CLERK 10 SCO'TT J. LUND - MAYOR COntract V0. 950154 JO �i iT' PO �'�ERS A GRE.�:�SE�'+�T SOUTHERN A.i�IOKA. COUN-TY CONI1�i LL'IvZTY CO�SORTIGtit °SACCC" The parties to this Aoreement are Anoka Counry, Ciry of Columbia Heights, City oc Fridley, Ciry of Hilltop, Independenc School District No. 13, Independent School D'utrict No. 14, all of which are oovernmental units of the Srate of Mlnnesota. This A�,re�ment is made pursuant to Minnesota Statutes, Section 47I.59. A.�tTTCT.,L I. �GENFR4L PURPOSE The peneral puzpose of this Aareemezit is to crea�e an organizaaon [o be known as the Southern Anoka Counry Community Consortium ("SACCC") ��rou;h which rhe paraes may joinrly and cooperatively coordinat.e �he delivezy of services, m2ximize che use of resources, avoid redundancies, ericourage public-private communiry partnerships, and develop and fund pro;rams to gromote the general commuriiry health and v�+elfare in �he cerritory of the cities herein. ARTTCLE l�_ P?�tTTES Sec�on I. The Dovernmental unirs eli�ible to be: ome parries to this Agreer.�ent are A.nolr� Counry, Ciry of Columbia Hei�hts, Ciry of Fridley, Ciry of Hilltop, Independen� School District No_ 13, Independent School District No. 1�, and such ocher governmental uniu sharin; cornmon concerns an� desi�nated by the Board from time to tirne. Section 2. Any eligible governmenral anit d.esirin; to enter inco this A;rerment may do so• by the duly authorized execution of a copy of this A;reement by iu propet officers. Thereupon, the clerk or other correspondin� officer of the �overnmental unit snall file a duly executed copy of the Agreement, togerher with a c°rtified copy of t�e authorizina resoluti�n or other acaon, with the Board of Directon. 'Ihe resoluaon authorizin� thc execuuon of the A�reement snall a15o desi;nate the first direccors and alcerna�e direc�or. 11 ARTTCLT III. BO�.1tD OF DIltECTORS Secdon 1. �Ii�►e governin; and policy-making resgonsibilities of SACCC shall be vested in irs Boazd of Directors, wt�ich shall control irs properry, be responsible for its finances, and direct its affairs. F�ch Pan.Y shall be en[itled to cwo directors who shall ha�e one vote each. Section 2, Each paztY shall also be entided to one al�ernate director who shall be ° endded to attend meedngs of the Board and may vote in the absence of the parry's director. Se�uon 3. Diz�ectors and alternat�e d�re�t°�s Shall be appointed by the ;o�ernin� body of each garty. Directors and alternates shall sesYe wichout compensation from SACCC, but may be pzid expenses for attendance at meeanos of, or on behalf of, che Boazd. A parry may provide compensaaon for its direccor or alterna�e dire�tor if such compensadon u authorized by such governmental unit and by law. Section 4. 'Ihere shall be no �otin; by proxy, but all voces musc be cast in person ac Boazd meedn;s by the director or alcernace director. 5ecdon 5. Direccors and alternate directors shall be appoinzed to ser�e until their sttccessors aze appoin�ed and qualified. Section 6. When the governin� body of a party apPoints a director or alternace director, it shall o ve �otice of such appain�ment to the SACCC in wridn�. - Section. 7. Any director or alternate director shall serve at �he pleasure of �he - governin; body of the appoinung pzsty. Section 8. A majoriry of the vo�es acvributable to the pames shall conscitute a quorum of �he Board. -2- 12 Section 9. The Boazd by majoriry voce may designate ex-officio members who shall be enritled to attend and participate in Board meednos, but shall not be enti[led to vote. , Such ex-officio member.s shall serve for a�erm of two yeats, and rnay be re-appoinced. . AR.TICLE TY. PUi�YERS A�ti-D DU?�S OF THE BOA.�2D Section 1. The powers and duties of the Board. shall include the powers s�t forth in - this Ar[icle. Secrion 2. Ir may employ a person co ace as Executi�e Direccor of rhe Board and may employ such o�her persons � it deems necessary to accomplish che parposes of chis Aoreement, to carry out its responsibilities, or to effecruate irs po"�ers- Ar►Y such persoas may be employed on a full-time, par� dme, or consultin; basis, �s the Board may determine. Secdon 3. It may make such con�racu as che Boazd deems necessary and advisable co make effecuve any power to be exercised by che Board pursuant to tt�e provisions of this � Aare.°ment_ Section 4. It may provide for ar►y of its employees co be mernbers of the Public Employees Redrement Association and may rnake ar►y zequued employer contribution to that or;anization and any vther employer contr�ibutions which municipalities are authorized or requiz'ed by law to make. Section 5. Tt shall establish an annual budget. It may invest or reinvest fttnds not needed for curtent operaGng expenses, if any, in the manner applicable by law to cities_ It shall not at any time incur obliaaaons in excess af funds then avaiLable to it. Oraanization funds may be expended by the Boaxd in accordance with procedure established by laws fer the expenditure of funds by the members hereto. 'Ii�e Board, annually, shall appoin� a fiscal -3- 13 a�en� from among its members to si,n orders, checks and dmfu. fl�her le;al i,nstrumenc� shall be executed on behalf of the Board by tY►e ci�au and vice-chair. Secdon 6. It shall maintain a suiu accounci.ng ot all fi�nds and report of all recapts and disbursements. I� shall make a finan�ial accounting and ceport �o the parries at least once each year and its books and recotds shall be audited annually ar►d be available for and open to e�canunation by the parues at all re�sonable ames. Secrion 7. Ic rnay accepc gifcs, apply for and use gtants of money or ocher properry from the State of Minnesoca or any ocher governm�ental or privatz or,aniz�ti0° �►d may encer ' t aQreemenrs required in connecdon therewith and may.hold, use, and dispose.of such a u� o b monies or properry in accordan�� "''1� �e tezms of �he ;ift, �xan�, loan or aoreement r at�n, chereto. Secdon 8. Ic may contract or lease for space, materials, services, and supplies with a member party cr elsewhere. Con�rac� let and purchases made shall be in conformar►ce v+itt► the requirements applicable to Anoka County. Section 9. It shall have the power to enter in�o conuacts wi�Y► o�her acencies�. companies, or individuals to provide services accordin� to the terms of suLh contra Section ],0. Subject [o the limit�tions contained in Minnesota Statuces 466.07, it shall lo ees aDainst cla�ms for dama�es; costs , defend and indemnify dixe,ctors, officers, and emp y ° a�d expense incurred bY anY of such persons in connecaon wirh any action, suit or P roceeding in which such perSOn may be involved by reason of such person's havin�.be ofa director, officer, or employee• Such defense and indemnification need not be Q law. o�her rights to whi,ch any such person would otherwise be entided as a matcer - -4- 14 Section 11. It may establish annuaI monetary contributions, and any supplemen�s theceto, fram the member governmental units in amoun�s to be determined by the Board from time to time. Any such proposed annual conuibutians shall be reported to the member ;overnmental uniu at least two months prior to che znd of SACCC's fiscal year and shall not become effecuve uncil che commencement of the ensuin� fiscal year: Section 12. It may bud;et for and purchase insurance a?ainst risks which may arise oat vf rhe operation of this A;reement, including the actions of the Boacd of Directors, its officen, directors, employees, and mernber parv.es. Section 13. It may exercise any other power neces5ary and incidental �o the implementation of its powers and dudes under the provisions of this A;reernent. ARTICLE Y. 1�.I�ET�iYGS - ELECTION A.iVD b�7?�ES 0� Ok�ICERS Section 1. At the first meean; of the Board of Directors of SACCC and a� rhe annu2i meeting of the Board each evert-numbered year thereaher, the Board shall elect from it� members a cha.ir and vice-chair. New officers shall take office at• �he adjournmen� of the annual meean� of the Board at w�,ich they are elected. Secaon 2. A vacancy shaIl immedia�ely occur in the office of any officer upon resionauon, death, or otherwise upon such offic�r c�sin; to be a representat�ve of a oovernmentaI unit. Upon vacancy occurrin; in any oEfice, the Board shall fill such position _ at its next meeting. Secuon 3. At the organizadonal meeting or as soon thereafter as may reasonably be done, the Board shall deternline its procedures, incIuding the time, place, frequency and noace of i�s reoular meetings and the manner of callin� special meean�s. . -5- 15 9 u A.RTICLE �I. 1►YITJiDR���:�L 5ecuon 1. Any member party may at any time gi�e written notic� of withdrawal ' from S�CCC. A parry w1thdra`�.'1ng fram membership at a time when such wi�hdrawal does nat resulc in dissolution of the or;anizarion shall forieit its claim co any assets oi the organization, includin� any contribudon5 pursuant to Article IV, Seccion 11. ARTICLE YII. DiS50LUTTON Secdon 1. Iiie organizadon shall be d'usolved whenever (a) a�gre;ate wi�hdrawals of member panies represenon; more than one-half of the area populado�n occurs, or (b) by a majoriry vote of all members of the Board. Section 2. Upon dissaluaon the remaining assets of�the oroani3ati.on, afrer payment of all obligadons, shall be disaibuted arnong the then exisdng member parties in proportion co cheir contributions, as determined by the Boazd. If �here have been no sucE► contribuuons, the assets of rhe or�anizadon sha�l be rerurned to Anoka Counry. ARTYCLE vIiI_ TERM �e term of shis Agreement shall commence oa 7anuary 1, 1997, and shall �ontinue in full Eorce and effec� un[it December 31, 1998, unIess earlier terminated by the panies pursuant co p►r�icle vIi of this agreemenc. This A�reement may be renewed for addicional cerms of �+o years each by �esolu�ion of all oE che goveming bodies of the parraes hereto, prior to �he expiration date of chis Agreement ARTICiE IX. EFFEtTiYE DAT� 'Ihis Agreement shall become efiective upon its exezution by the parties hereco. - IN�S 1,Y��REOF, che undersioned parries have caused chis A�reement �o be executed on their behalf. � 16 � � CffY OF FRIDLEY TO FROM DATE: 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 20, 2006 PW06-067 SUBJECT: 2006 Miscellaneous Concrete Repair Project - Change Order #1 Attached is Change Order No. 1 for the 2006 Miscellaneous Concrete Repair Project No. 365. This change order combines additional work beyond the contract quantities that was performed in September and October. Each item has been reviewed and approved by City staff. The cost for Change Order No. 1 is $3,880.00 Item #1— Remove and replace concrete panels (8 in.) Concrete Idea was required to do Extra Work to replace existing concrete panels in the Innsbruck and Matterhorn Drive areas. Due to deterioration of the many concrete panels in this area, staff directed Concrete Idea to replace additional panels beyond the estimated quantity. An additiona157 S.Y. of concrete panels were replaced. The cost for this work is $2,280.00 Item #2 — Remove and replace 36" concrete valley gutter (6 in.) Concrete Idea was required to do Extra Work to replace existing concrete valley gutters on University Avenue Service Drive West. Due to deterioration of the concrete valley gutters on in the Service Drive, staff directed Concrete Idea to replace additional panels beyond the estimated quantity. An additional 100 L.F. of concrete panels were replaced. The cost for this work is $1,600.00 Recommend the City Council approve Change Order # 1 to Concrete Idea in the amount of $3,880.00. The contract amount is now increased from $76,000.00 to $79,880.00. JHH; lo Attachment CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Concrete Idea, Inc. 13961 44th Lane NE St. Michael, MN 55376 SUBJECT: Change Order No. 1— 2006 Miscellaneous Concrete Repair Project No. 365 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 2006 Miscellaneous Concrete Repair Project No. 365 adding the following work: Item No. Item Description Costs 1 Remove & Replace concrete panel (8") $ 2,280.00 2 Remove & Replace 36" concrete valley gutter (6 ") $ 1,600.00 TOTAL $ 3,880.00 Submitted and approved by Jon H. Haukaas, Public Works Director, on the 20th day of November, 2006. Jon H. Haukaas, P.E. Director of Public Works Approved and accepted this day of , 2006_by Park Construction Company. Approved and accepted this day of , 2006 by CITY OF FRIDLEY Scott J. Lund, Mayor Wlliam W. Burns, City Manager � AGENDA ITEM COUNCIL MEETING OF NOVEMBER 20, 2006 CffY OF FRIDLEI' CLAIMS 129249 -129398 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 20, 2006 LICENSES Type of License � LAWFUL GAMBL/NG PERM/T Fridley Alano Society Christie Hogan 5925 University Av NE Fridley, MN 55432 CHR/STMAS TREE SALES Home Depot Stacy Kempton 5650 Main St Fridley, MN 55432 Approved By: Public Safety Director City Clerk Public Safety Director Community Development Fire Inspector � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 20, 2006 LICENSES Mechanical, Inc I Gas I Daniel Schade�� I Ron Julkowski, CBO � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 20, 2006 RENTAL LICENSES LICENSE APPROVAL FOR NOVEMBER 20, 2006 2006/2007 Rental License 2na and 3�d quarter delinquent properties — completed all requirements for licensing ProplD: Property Address Units Owner Dist Yr Qtr 1048 1151 1152 1153 1591 1500 1502 1282 1332 1333 1334 1335 1499 1092 1511 1380 1584 1378 5783-85 2 1/2 St. N E 5131-35 3rd St. NE 5141-43 3rd St. NE 5191-93 3rd St. NE 631 53rd Ave N E 1020 68th Ave N E 105 71 1/2 Way N E 5400-02 7th St. N E 1200 Cheri Ln. NE 1230 Cheri Ln. NE 1260 Cheri Ln. NE 1290 Cheri Ln. NE 7091-93 Hickory Dr NE 5133 Hughes St. NE 4551 Main St. NE 5495 Main St. NE 6423 Pierce St. NE 1532 S Timber Ridge 2 2 1 2 1 1 1 3 18 18 18 18 2 1 2 12 1 1 Jason Walgrave Preferred Builders, Inc Nizar Benhaj Steven M. Hynes Judy Edwardh Angela Stare Jeff Lester CAP, LLC. Skywood Levitan, LLC Skywood Levitan, LLC Skywood Levitan, LLC Skywood Levitan, LLC Northome Partnership Inc ACCAP Daniel Yesnes Philip Clove Milton Figueroa Donald O. & Barbara L. Bjork 9 18 18 18 15 66 5 15 16 16 16 16 5 18 18 18 11 7 2 1 1 1 1 2 2 1 1 1 1 1 2 1 1 1 4 4 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 4 3 � AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 20, 2006 � °F ESTI MATES FRIDLEI' Midwest Asphalt 5929 Baker Road, Suite 420 Minnetonka, MN 55345 Mill and Overlay 2006 — 2 Estimate No. 2 ................................................................................. $ 14,056.21 Midwest Asphalt 5929 Baker Road, Suite 420 Minnetonka, MN 55345 3rd Street Project 2006 — 3 Estimate No. 4 ................................................................................. $ 20,689.50 � � CffY OF FRIdLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF NOV. 20, 2006 November 15, 2006 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Consideration of Revocation of Special Use Permit #06-08 for Sinclair Fridley, generally located at 6071 University Avenue NE M 06-139 INTRODUCTION At the June 26, 2006, City Council meeting, the Council held a public hearing for Sinclair Fridley, generally located at 6071 University Ave NE. The purpose of the hearing was to revisit the stipulations of the Special Use Permit (SP) #73-05 and survey how the property owner has brought the site into compliance with City Code. As noted at the June 26, 2006, public hearing, staff had asked the business owner to comply with standards that were taken from similar SPs. As of June 26, 2006, the business owner had complied with the 10 standards. As early as June 27, 2006, staff observed that the business owner had not complied with the following: (1) More than 9 service vehicles parked on-site at one time; (2) Vehicles parked in stalls that are not striped and designated for parking; (3) Vehicles parked closer than 15 feet to the gasoline pumps, in any direction; (4) Vehicles shall not be stored for more than 48 hours on-site. At the July 10, 2006, Council meeting, Council renumbered SP #73-05 to SP #06-08 and assigned a new set of stipulations that were taken from similar special use permits for gas stations with service bays. Please find attached a copy of the Action Taken Letter that includes a list of the stipulations. On Wednesday, September 6, 2006, Julie Jones and Rachel Harris met with the business owner to discuss how to bring the business into compliance. At that meeting, the following criteria were emphasized: (1) Park no more than two vehicles on the west side of the lot; (2) Limit of 9 vehicles parked outside on your property at any and all times during the day. (3) Paint stripes along the west side of the parking lot for two (2) spaces. Staff has observed violations of each of the above. Additionally, vehicles have violated the 48 hour parking rule. Through addressing these most recent and recurring violations, staff realized the necessity of revisiting the special use permit. On Tuesday, November 14, 2006, staff spoke to business owner Abraham Ahmed via telephone. Staff learned that due to health concerns, Mr. Ahmed may decide against renewing his lease when it expires on December 31, 2006. RECOMMENDATION Staff recommends that Council take the following action via resolution on December 4, 2006, following the public hearing at the November 20th City Council meeting: Revoke Special Use Permit #06-08 on December 31, 2006, when the business owner's lease ends and require a special use permit review prior to the signing of any new lease of the site. _ CIZYOF FIZIDLEY FRIDLEY MUNICIPAL CENTER • 6431 IJNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTDlTTY (763) 572-3534 CITY COUNCIL ACTION TAKEN NOTICE July 14, 2006 Mr. Abramoff Ahmed Fridley Sinclair 6071 University Avenue NE Fridley MN 55432 Dear Mr. Ahmed: On Monday, July 10, 2006, the Fridley City Council officially approved your request for a Special Use Permit, SP #06-08, to operate a service station with fuel sales. Please note, that Special Use Permit #06-08 replaces the old Special Use Permit #73-05. This property is legally described as, THAT PRT OF LOT� 26, 27, 28, 29 & 30 BLK 4 HYDE PARK LYG WLY OF FOL DESC LINE: COM AT NW COR OF SD LOT 30, TH S ALG W LINE OF SD LOT 6 FT TO POB, TH E PRLL/W N LINE OF SD LOT 57.49 FT, TH ON A TAN CUR TO THE RT, RAD OF 45 FT, 60.53 FT, TH SLY TAN TO SD C UR 60.20 FT, TH SWLY ON A TAN CUR TO THE RT RAD OF 55 FT, 77.93 FT, TH CONT SWLY TAN TO SD CUR 9.53 FT, TH SWLY ON A TAN CUR TO THE LFT, RAD OF 12 0 FT, TO ITS INTER/W W LINE OF SD BLK & THERE TERM; SUBJ TO EASE OF REC, generally located at 6071 University Avenue NE. Approval of this special use permit is contingent upon the following stipulations: 1. To maintain the site in a manner that is compliant with requirements of City Code, particularly the C-2 zoning district and Code Section 205.14. 2. Vehicles shall not park closer than 15 feet to the propane tank, in any direction. 3. Vehicles shall not park closer than 15 feet to the gasoline pumps, in any direction. 4. Vehicles leaking fluid shall not be stored outside without a device to prevent fluids from running off-site. 5. In accordance with C-2 zoning requirements for service stations, no heavy duty car repairs shall be performed on-site. Heavy duty car repairs include, but are not limited to, repairs on transmissions, engines, drive shafts and front ends and body work. . 6. Alterations to the site shall comply with the International Building Code (IBC) and International Fire Code (IFC). 7. The signage shall comply with Chapter 214 of the City Code. 8. Maintain current licenses per any and all City, County and State requirements. 9. No outside storage items shall be visible from the public right-of-way. 10. Vehicles shall not be stored for more than 48 hours on-site. 11. The drive aisles and entrances shall be kept clear. 12. Vehicles shall be parked in stalls that are striped and designated for parking. 13. No sale or display for sale of automobiles. 26 If you have any questions regarding the above action, please cail me at 763-572-3590. Sincere , Hickok Community Development Director SH/jb �;: , _ - . ��. , w cc: Spec�al Use Permit File Address File Sandy Stanger Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 28, 2006. C-06-54 27 Concur with action taken. � � AGENDA ITEM ��F CITY COUNCIL MEETING OF NOVEMBER 20, 2006 FRIDLEI' INFORMAL STATUS REPORTS