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10/26/2009 - 4549� � CITY COUNCIL MEETING OF OCTOBER 26, 2009 �ffY �F FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Home/essness Awareness Month — November, 2009 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 12, 2009. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of October 7, 2009 ................................................................................ 1- 8 2. Resolution Adopting the Assessment for the 2009 East Moore Lake Drive Landscape Revitalization ProjectNo. 2009-1 ............................................................................................. 9- 11 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Special Use Permit Request, SP #09-13, by H.B. Fuller Co., to Allow Limited Outdoor Storage in the Rear Yard of the Property, Generally Located at 5220 Main Street N. E. (Ward 3); and Resolution Approving Special Use Permit, SP #09-13, for H.B. Fuller, 5220 Main Street N.E . ............................................. 12 - 24 4. Special Use Permit Request, SP #09-14, by Sign Wise Group on Behalf of Mohamed Zaro, the Property Owner, to Allow an Electronic Gas Pricing Sign, Generally Located at 7899 East River Road N. E. (Ward 3); and Resolution Approving Special Use Permit, SP #09-14, for Sign Wise Group on Behalf of Mohamed Zaro, the Property Owner of 7899 East River Road N. E . ................................................................. 25 - 35 5. Approve Comprehensive Sign Plan for Riverboat Strip Mall, Generally Located at 7899 East River Road N. E. (Ward 3) ............................................................. 36 - 40 6. Approve 2010 Sixty-Day Agency Action Application Deadlines for the Planning Commission and the Appeals Commission Meetings............................................................................................................. 41 - 47 7. Approve School Resource Officer Program Agreement between the City of Fridley and Independent School District No. 14 .................................................................... 48 - 51 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Claims ............................................................................................................. 52 9. Licenses ............................................................................................................. 53 - 54 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 10. Consideration of the Assessment for the 2009 Nuisance Abatements ............................................................................... 55 - 56 11. Consideration of the Assessment for the 2009 Street Improvement Project No. ST. 2009 — 1 ....................................................................................................... 57 - 58 NEW BUSINESS: 12. Resolution Adopting Assessment Roll for 2009 Nuisance Abatement ................................................................................. 59 - 65 13. Resolution Adopting Assessment Roll for the 2009 Street Improvement Project No. ST. 2009 — 1 ........................................................................................................ 66 - 82 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 4 NEW BUSINESS (CONTINUED): 14. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2010 Property Taxes ............................................................................. 83 - 93 15. Approve Change Order No. 1 for Watermain Rehabilitation Project No. 386 ............................................................................ 94 - 97 16. Approve Memorandum of Understanding for the Reconstruction of the 45t" Avenue Storm Sewer Outfall, City of Fridley Project No. 390; and Authorize Call for Bids and Funding for 45t" Avenue Storm Sewer Outfall, City of Fridley Project No. 390 ........................................................................................ 98 - 121 17. Informal Status Reports ...................................................................................... 122 ADJOURN. Proclamation HOMELESSIVESS A WAREIVESS M01VTH 1Vovember, Zoo9 � WHEREAS, the Anoka County Community Continuum of Care, along with the Heading Home Anoka Committee is sponsoring a unique, countywide education and awareness campaign to help end homelessness in our shared communities. The month of November will mark the SLEEP OUT 2009, Be Part of Something BIG, 2"d Annual Community Challenge; and WHEREAS, SLEEP OUT 2009 provides a unique opportunity for the City ofFridley to join forces with communities across Anoka County in an effort to promote education and awareness to help end homelessness; and WHEREAS, the Anoka County Community Continuum of Care and the Heading Home Anoka Committee play a vital role in bringing together the community and establishing needed partnerships to support homelessness prevention efforts; and WHEREAS, it is essential that all citizens of the City of Fridley be aware of the importance of homelessness prevention and the impact their participation can have on ensuring that all individuals and families have access to a warm, safe place to call home in our community; and WHEREAS, community partnerships, awareness, and the desire to provide warm, safe housing in our community are the important themes of the SLEEP OUT 2009, Be Part of Something BIG, 2"d Annual Community Challenge. NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim November; 2009, as HOMELESSNESS AWARENESS MONTH in the City ofFridley, Minnesota, and encourage all citizens to support the SLEEP OUT 2009, Be Part of Something BIG, 2"d Annual Community Challenge, during the month ofNovember. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affzxed this 26"' day of October, 2009. Scott J. Lund Mayor CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 12, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney James Kosluchar, Public Works Director Scott Hickok, Community Development Director Richard Pribyl, Finance Director/Treasurer Debra Skogen, City Clerk PRESENTATION: Siah St. Clair — Pumpkin Night in the Park at Springbrook Nature Center. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 28, 2009 Councilmember Saefke pointed out on page 17, paragraph 4, instead of "Scott Lund" it should read "Scott Hickok" APPROVED. NEW BUSINESS: 1. Resolution Confirming the Statutory Limit of Tort Limits. William Burns, City Manager, stated the legal limits of municipal tort liability are capped under State law at $500,000 per occurrence and $1,500,000 in the aggregate. In conjunction with renewal of our municipal liability insurance with the League of Minnesota Cities Insurance FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 2 Trust, staff recommends Council reconfirm that it only accepts tort liability limits expressly provided under State law. ADOPTED RESOLUTION NO. 2009-51. 2. Resolution Approving and Authorizing Execution of Convention and Tourism Bureau Agreement. William Burns, City Manager, stated on August 24 Council approved the Articles of Incorporation for the Minnesota Metro North Tourism. Tonight Council is being asked to approve an agreement with the newly established Minnesota Metro North Tourism. The agreement defines the services of the Bureau, the composition of the Board of Directors, the indemnification of the City, and other terms and conditions of our participation in this organization. Fridley will be joining the cities of Arden Hills, Anoka, Blaine, Coon Rapids, Ham Lake, Mounds View, and Shoreview in this newly formed convention and tourism bureau. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Approving the Agreement for Collection of Fluorescent Lamps with Xcel Energy. William Burns, City Manager, stated Xcel has a statutory obligation to collect and recycle fluorescent lamps in Minnesota. This resolution is the renewal of the two-year agreement between Xcel and the City of Fridley for reimbursement of the City's costs for collecting and recycling at its recycling drop-off days. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Claims (143484 —143681) APPROVED. 5. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 6. Estimates Veit & Co., Inc. 14000 Veit Place Rogers, MN 55374 2009 Sanitary Sewer Lining Proj ect No. 3 83 FINAL ESTIMATE .....................................$ 7,816.70 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 3 Standard Sidewalk 10841 Mankato Street N.E. Blaine, NIN 55434 2009 Miscellaneous Concrete Repair Proj ect No. 375 FINAL ESTIMATE .....................................$ 1,847.30 Colt Construction 285 Forest Grove Drive Suite 126 Pewaukee, WI 53072 85th Avenue Trail Proj ect No. ST. 2007-04 Estimate No. 8 ................................................$ 14,811.69 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374-9461 2009 Street Rehabilitation Proj ect No. ST2009-01 Estimate No. 3 ................................................$ 39,330.80 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item Nos. 2 and 3 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item Nos. 2 and 3. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 2 and 3. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Tom Myhra, 6360 Able Street NE, stated he has never seen anything come out in the paper or from the Council regarding the actual cost per person to ride the Northstar rail. It is $12. They FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 4 are going to be paying for it. It stated in the Star Tribune that money will be paid by counties and cities. It will be about $1,600 for a person to ride both ways for a year. He believed the cost to the public is going to be $4,355. Multiply that by 20 years and multiply it again by all 10,000. It is an astronomical amount of money. He thinks the public should be told they are in on this and will be paying for more than two-thirds of the cost. Mayor Lund stated it is subsidized. It is well known it is subsidized multi-modal transportation. Mr. Myhra stated his neighbor and other people do not know it. Councilmember Bolkcom asked whether that same person knows the buses are subsidized. Mr. Myhra stated the cost of the bus does not compare to this astronomical Northstar commuter. The buses run all the time. The commuter is going to run morning and night. It is terribly, terribly expensive Mayor Lund said Mr. Myhra's arguments really belong at the County level. Mr. Myhra stated Councilmember Barnette has told him we have been money in for a long time, and it has been used for the Northstar. Mayor Lund replied, the HRA which is separate function from this body also. Mr. Myhra stated but equity still spent on HRA happened for advertising before it even happened. Councilmember Bolkcom stated we have not used City money to advertise for Northstar. Mr. Myhra replied, we have put money into the rail authority, and that was used for the propaganda before they ever got started. Councilmember Barnette stated Anoka County Rail Authority has financed some of this. All public transportation is subsidized. Roads and highways are subsidized as well. Mr. Myhra asked how much freight are they going to handle on the Northstar? How much are they going to carry? Highways and roads do. Councilmember Bolkcom stated for the record the City of Fridley has not had in our budget any money for advertising or anything else related to the Northstar. Yes, there has been money from Anoka County Rail Authority. Council has not used taxpayers' money to develop Northstar Commuter Rail. Other than the HRA buying some property that is being used for one of our rail stations. Mr. Myhra stated we have put Fridley money, his money, that has been used, the County has levied that. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 5 Pat Delaney, 6250 Riverview Terrace, stated he observed six garbage trucks in his neighborhood at one time. He is wondering if this is really necessary to have that many. He referred to a newspaper article in the Star Tribune and offered to provide it Council. Mayor Lund stated he believed they had received a copy of the same article. This is not a new issue and has been discussed on more than one occasion. There have been numerous citizen surveys over the years. It makes perfect sense to have only one dedicated carrier. The citizen survey has come back every single time with a vast majority saying they do not want the City regulating their garbage haulers/collections, even with the knowledge it should be cheaper. It would basically put the City in the garbage collection business which means the City would have to collect the money from residents. We could put it on utilities with the quarterly water and sewer bill. We have hundreds of thousands of dollars, however, in uncollected water and sewer bills now and the problem is getting worse. Now is probably not the time to add another service that ultimately has a cost to all the taxpayers for all those who do not pay their utility bills. William Burns, City Manager, stated he saw the article, too. He took the article and drafted a set of questions relating to the cost figures and asked staff to research whether those were good for the cities surrounding Fridley. He also asked staff to give him figures on delinquent utility bills and how that might translate into delinquent sanitation bills. He will be doing a newsletter article based on questions arising from the newspaper article. It has been a bitterly debated issue in communities such as Coon Rapids. PUBLIC HEARING: 7. Consideration of the Modifications to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Finance District Nos. 1, 6-7, 9, 11-14 and 16-19, Creation of Tax Increment Financing District No. 20 (Columbia Arena Property) and Approval and Adoption of a Tax Increment Financing Plan Relating Thereto (Continued September 28, 2009). MOTION by Councilmember Bolkcom removing the item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE ITEM WAS REMOVED FROM THE TABLE AT 8:01 P.M. Scott Hickok, Community Development Director, stated staff recommends Council cancel a public hearing scheduled for this meeting. There is no formal resolution or motion required. Simply the Mayor can inform the audience the project has been moved to another site, and there is no need to create a tax increment financing district at this time. Mayor Lund said this was a complicated issue with two developers, each developing half the site. One developer has pulled out. The other developer (a medical facility) did not want to take on the whole property on its own and they could not wait to find another developer. They needed to be in a new medical facility this time next year. They will be staying in Fridley and FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 6 they are making some arrangements with Unity Hospital. The Fridley clinic across from the hospital will now move onto the hospital's campus towards the west side. Mr. Hickok replied the financial position of the senior developer on this case was not well known to us. They did have another facility they were gong to build in Blaine at the same time. The City asked if that meant the facility in Fridley would not happen. At that time, they stated it is only nine miles away but it is worlds apart. Generally, financially for developing a senior building is extremely difficult. Part of it is the equity piece of it. How much has to go into it up front. Banks have revised their schedules completely. It is almost getting to a point where you almost have to finance it yourself. There are a couple of other senior developers who are interested in our site. Another thing we hear is seniors are having difficulty selling their homes, and you need to have that market. It absolutely is not something that the City did. William Burns, City Manager, stated TIF is not something that is a site-driven vehicle. It is a proj ect-driven vehicle. When a developer comes in and asks for TIF for a proj ect, the City requires them to pay the expenses of putting together the TIF project. He thought it was around $7,500. Mayor Lund asked for clarification. This item talks about modifications to a number of other districts. Why is this not simply allowing for the creation of a TIF District No. 20? Mr. Hickok replied, it is good housekeeping. Mayor Lund asked for examples of housekeeping items that he would embed or into the creation of District No. 20. Mr. Hickok said there are districts reaching their expiration and the point of decertification. Mayor Lund stated they do not need to bring those forward at the time that they actually do. They just wait until they have another issue up for tax increment. Mr. Hickok said if the timing allows that, and it did in this case. Richard Pribyl, Finance Director, stated there are a lot of smaller kinds of legislative items that occur during the year; and we do have a few TIF districts that are actually rolling off onto the tax rolls. This legislation would formalize some of those TIF districts back to the tax rolls. This is a housekeeping item. Staff wanted to wrap this into one legislative item just to consolidate it. MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE HEARING CLOSED AT 8:17 P.M. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 7 NEW BUSINESS: 8. Receive Referendum Petition No. 2009-01; and Adopt Resolution Declaring an Election to Approve Ordinance No. 1260, an Ordinance of the City of Fridley Amending Chapter 7 of the Fridley City Charter. Richard Pribyl, Finance Director, stated with the proj ected continuing loss of local governmental aid (LGA) and unallotments of LGA, declining interest earnings, and considerably reduced permits and license fees, the City has had to focus on reducing costs prior to its 2010 budgeting process. We have implemented numerous cutbacks for 2009, as well as identified more than $700,000 in cuts to the 2010 general fund budget. A combination of revenue and expense adjustments will leave us about $750,000 short of balancing our general fund budget for 2010. The shortfall will be made up from transfers from our general fund reserve. This has been noted in our management report from our auditors as far as our continuing reliance on that move from funds in that reserve. We are also moving money from other external funds for 2010. We are projecting that we could potentially reach the point where we would need to borrow money to keep up with our cash flow needs by early 2012 if we were to continue in a downward spiral as far as an economic crisis. By this time next year, the City will be facing the choice of either cutting services or attempting to raise revenues. Chapter 7 of our City Charter only allows the City Council to ask for additional revenues during regular municipal elections which would be November 2010, and that was staff's concern. Debra Skogen, City Clerk, stated in order to get the issues to the voters in a more timely manner, City staff approached the Charter Commission on June 10 with a request to initiate an amendment to Chapter 7 of the City Charter to allow the City Council to bring a revenue issue to the voters in a special election. The proposed amendment also asks that the 51 percent majority requirement for approval be changed to a majority of those voting on the issue. The Charter Commission agreed to initiate the amendment by a vote of 8 to 2. The City Council held a public hearing on July 13, and Ordinance No. 1260 received a first reading. Ordinance No. 1260 was adopted on July 27, 2009, and published in the Fridley Sun Focus on August 6, 2009. Ms. Skogen stated Ordinance No. 1260 would have become effective on October 5, but Referendum Petition, No. 2009-01, with the signatures of 1,037 registered voters was received by staff on September 25, 2009; therefore suspending the ordinance. Staff reviewed all of the names from the petition in the state voter registration system, an electronic database which holds permanent records of all voters, and found the petition to be sufficient. In order to be sufficient, the petition needed 5 percent of the registered voters. Staff used the date of June 1, 2009, which is the date Anoka County regularly uses for all of their elections when determining the numbers for the fall election. As of June 1, 2009, there were 15,443 registered voters which required a minimum of 773 signatures to be sufficient. The petition was found to have a minimum of 773 valid signatures and was then certified, and a letter was sent to the referendum committee of its sufficiency. There were 883 registered voters on their petition. The petition's committee asked staff to review some additional names, and there were three additional registered voters, making FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 8 the total 886 active registered voters. There were 151 signatures who were not registered because their voter registrations had become inactive due to the lack of voting in the past four years or because they were not registered. There was one signature and two individuals with the same exact name but they did not have a birthdate to verify which individual signed the petition. Also, there was one signature where the first name and middle initial were different. Staff certified 886 registered voters. Ms. Skogen stated State law requires Ordinance No. 1260 to be reconsidered or reaffirmed by the City Council. Reconsideration would repeal the ordinance, and reaffirmation would send the matter to the voters to let them decide whether it should be adopted. At this time staff is recommending the following two actions: A motion receiving Referendum Petition No. 2009-01 and a motion adopting a resolution scheduling a special election for December 8, 2009. Council also has the ability to repeal the ordinance. MOTION by Councilmember Saefke to receive Referendum Petition No. 2009-01. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund asked Attorney Knaak how many votes are required for the actions they can take. Fritz Knaak, City Attorney, said if they move to reconsider, any affirmative action they take on the ordinance they have already passed needs a 5-0 vote. If they were to re-pass it they would need a 5-0 vote. A motion to reconsider would take the majority of Council and then the matter would be back on the table for reconsideration for their review, and it would then again take a 5-0 vote in order to affect that. He thinks the question is what vote would be needed to pass the resolution to put it on the ballot. It would take the simple majority of the count of Council. Because of the 5-O language in State law for passage of the ordinance itself, he thought that was pretty strong and emphatic. However, the language that deals with placement of the issue on the ballot, does not include that specific language. It simply says they may by resolution put it on the ballot. In looking at the City Charter, that resolution language does not require a super majority. It is a simple majority of the Council to pass the resolution and put the matter on for election. Mayor Lund stated to be clear he asked Attorney Knaak if they wanted to proceed with a special election, they could do that with one motion and it could pass by a simple majority or better. Attorney Knaak replied, yes, that would put it on the ballot he believed in December. Mayor Lund asked if they needed to take any other actions prior to that. Councilmember Bolkcom stated, normally to reconsider something, it has to happen at the very next meeting because Roberts Rules of Order allows you to reconsider if you are one of the FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 9 majority votes. When Attorney Knaak states it takes 5 people to reconsider the ordinance, she does not understand that clearly. Attorney Knaak stated the motion to reconsider first has to be brought by whoever it was who was on the prevailing side. All 5 of them voted for that motion and that is not an issue. However, for that to pass they would have to have a maj ority of people agree to reconsider the item, otherwise it is not reconsidered and remains in effect. So it takes a simple majority to move to reconsider. Once it is before Council again, it would need to have a 5-0 unanimous vote to re-pass it. Councilmember Bolkcom stated any one of them can make a motion to reconsider. Once they get the maj ority to go along with it, then they can actually take the ordinance and reconstruct it. Attorney Knaak replied if they chose to do so and, again, it would take 5 people. Councilmember Bolkcom stated there is also the option for them to change the date of the special election. William Burns, City Manager, stated the genesis of the ordinance was the Charter Commission. So if they are going to reconsider, Council will have to go back to the Charter Commission. Attorney Knaak stated when the councilmember said there would be a process that it would re- initiate or words to that effect, that is the process that they would be talking about re-initiating. Councilmember Bolkcom stated as a City Council they could also bring an ordinance change forward. Attorney Knaak replied, yes. Dr. Burns replied except if they do initiate a Charter amendment, he believed it has to go back to the Charter Commission for a review over 60 or 90 days. They have to be involved one way or another. Councilmember Bolkcom stated it would not have to go back to them originally. They could just start it and pass it off to them. She said in the information they received it referred to the language in the Minnesota statute, which was confusing. Ms. Skogen replied, yes, because this is a Charter amendment, they have to refer it to State Statute which is in Section 410.12.7. It is a 51 percent maj ority of those voting on the question. Councilmember Bolkcom stated so not only do they have a resolution asking them to vote on the question but it is also in the Minnesota Statutes that we have to have a 51 percent vote in the affirmative. Ms. Skogen replied, for a Charter amendment. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 10 Councilmember Bolkcom stated and that is what we are trying to do by having a special election. Mayor Lund asked the audience how many people were there to see Council repeal the ordinance they approved a couple of months aga (Mayor Lund noted a vast maj ority of people were there to see that the Council repealed the ordinance.) Councilmember Barnette stated the ordinance the Charter Commission sent to the City does state that it will only take a majority of the votes cast on the election, so that is different from the State Statutes. Dr. Burns replied, no, that is a different issue. Ms. Skogen replied that would be if they went to the special election for a revenue increase or a fee, then those voting on that question would be approved by the majority. Councilmember Bolkcom stated they have to have 53 days basically once the resolution is passed so the earliest this could be is 53 days from tomorrow because you have to notify the County, so it is December 4? That is a Friday so it would wait until Monday. She asked Ms. Skogen whether she has checked what polling places are available. Ms. Skogen replied, yes. Councilmember Bolkcom asked whether all the polling places are available. Ms. Skogen replied they are. All 13 polling locations would be available to the City. Mayor Lund asked how much it would cost to put on a special election. Ms. Skogen replied, the biggest cost for any election is the wages for the election judges. If you have 6 or 8, the cost is going to be between $12,000 and $15,000. You also have to pay to have the ballots printed and for any additional supplies needed. There is some employee overtime and mileage. That will probably cost around $1,000. Mayor Lund stated in looking at the 2010 "proposed" budget, he saw there are election costs for about $53,000. He asked Ms. Skogen why that is such a significant difference. Ms. Skogen stated they have a primary and a general, so there is double the cost. The City hires between 10 and 12 election judges per precinct to make sure they have enough people. Mayor Lund asked where the money would come from if they decide to move forward with a special election this year. Dr. Burns replied from one of two places. We would probably take it from the general fund reserve or there is a line item for non-program studies for the general fund budget for 2009 that is FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 11 around $25,000. The money originally was projected he believed for a citizen survey and we did not do a survey. Councilmember Varichak stated she is disappointed that they have to do this. The City is running out of money. It needs to raise funds. She is not positive that a special election and spending $12,000 to $15,000 is the right way to go about doing this. She is not sure how they are going to raise the funds at this point. If they wait until 2010, they have to wait until 2011 to start collecting that money. Already the City has lost LGA funds. Mayor Lund stated if they wait until the general election year as the Charter required them to, just to ask the question of will the City be allowed to ask for a raise, and then we ask for the raise and the voters say no, do we wait unti12012 again to ask for a raise? At that point, the reserves are gone. Councilmember Bolkcom stated we can ask for an increase in our levy. The problem is we could not do it this year on its own. Attorney Knaak replied correct. Councilmember Bolkcom stated there is more than one option. The option would be this ordinance could go on the ballot in November 2010. Also there could be a different ballot question related to increasing our tax levy beyond what our Charter amendment says, and that is something that is allowed by State Statute. Dr. Burns stated the special levy Councilmember Bolkcom is talking about is the special levy to recover 2010 unalloted money. However, that would not be a voted levy, it would be a special levy that Council would approve as part of the levy-setting process in 2010. Councilmember Bolkcom asked if we could put a ballot question related to increasing our levy in the general election. Dr. Burns replied, yes. Councilmember Saefke asked if this new ordinance is not passed, we need a 51 percent voter turnout of everyone who votes in the general election for even the amendment to change. If there is a levy question on the same ballot, if the ordinance does not pass, then the 51 percent of all those who voted, or even if it does pass, how does that figure then on the same day. Attorney Knaak replied it can be the same ballot. There is a 51 percent requirement that the State Statute imposes to amend the Charter which is the same standard basically that your Charter imposes on that question. If you have both questions on the ballot at the same time, it would essentially need the same number of votes passed. Either the Charter amendment itself or, in the alternative, the question related to the levy increase. Dr. Burns stated but if you have a levy question on the ballot as well as the special election question, the levy question would be governed by the City Charter which would require 51 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 12 percent of those voting in the election but not necessarily on the issue. Now past experience with numbers and voter falloff shows that there is considerable falloff by the time you get from the Governor down to a levy issue. Looking at past voting numbers, his observations have been that can be anywhere from 58 to 68 percent of those voting. In order for a levy to pass it would have to pass by 58 to 65 percent depending on the amount of voter falloff. It is very difficult for a levy to pass in a general election based on the current Charter language. Attorney Knaak stated there is a distinction. It is 51 percent of all ballots cast on language having to do with the levy. It is 51 percent on any amendment in favor of its adoption. The standard is slightly lower for an adoption of a Charter amendment. That is the important distinction to make. Dr. Burns stated if you use the 2008 presidential election as an example, he calculated that if they had a levy on the ballot that year or some sort of fee increase issue that year, it would have had to pass by 63.5 percent under the current Charter requirements. Attorney Knaak stated the amendment to the Charter takes 51 percent of the votes cast on the amendment. On that question only. The 51 percent rule that the Charter requires for a levy is actually 51 percent of all ballots cast in that election, and that is the point Dr. Burns is trying to make. Councilmember Bolkcom stated there is more than one option. There is this resolution and special hearing now. There is an option of a special hearing later on. She said the reason she will vote against this resolution tonight, unless she hears something different, is because she does not think it gives them enough time. December 8 is right around the corner. She understands that over 1,000 people signed the petition. In order to really be educated on the issue, you have to hear both sides. She does not think the general citizens have any idea of what financial straits the City is in. Maybe what we need to do is to start cutting services so people do realize how tough it is. Mayor Lund said he did not know if giving it a year would help. Councilmember Bolkcom stated she is not saying they need to wait a whole year, but she does think they need to realize there is more than one option. For one thing it could go on the general election. Granted this would be just a Charter amendment. She does not want to spend $12,000 on December 8 and not have everyone know both sides of the story. Mayor Lund stated the petitioners only had 60 days, and they did it within that time. We knew this issue had been coming up. MOTION by Mayor Lund to adopt a Resolution Declaring an Election to Approve Ordinance No. 1260 and scheduling an election for December 8, 2009. Seconded by Councilmember Saefke. Mayor Lund moved to amend his original motion to change the actual ballot language to: "Shall the Fridley City Charter be amended to allow the City Council to bring revenue issues to FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 13 the voters in a special election which will be won or lost by a majority of those voting on the question?" Seconded by Councilmember Saefke. Mayor Lund asked attorney Knaak if this adequately addressed the actual changes. Attorney Knaak replied in his opinion it does. They have different options on how to present this language, but they have to present it in a way that accurately reflects the proposed change. Mayor Lund asked if it also changes how the casted votes are tallied. Instead of having 51 percent of all votes passed, that is changed to a maj ority of the votes cast on the ballot question. Attorney Knaak stated although he thinks what was in the original resolution was clear, he thinks this does clarify it more. Councilmember Bolkcom stated she felt the resolution had too many "or's" and to her the language is much simpler. Councilmember Saefke said if both the question of a levy increase for more taxes and this amendment are on the same ballot next fall and the amendment passes, does that automatically change the Charter so that the second question dealing with the tax or increase now is 51 percent of the maj ority voting on that question or 51 percent of all those voting in the election? Does it take effect immediately? Attorney Knaak replied, no. It would be the current standard that would be applied to it, the 51 percent. Councilmember Saefke asked had they not received the petition, there would have been a good possibility they would have had a special election anyway to ask the voters for income to keep running the City in a more timely manner. If they would have had the election this fall, they could probably get revenues to make up for the 2011 budget. If they do not ask the voters whether they will accept this Charter amendment, they could put it on the ballot again in 2010 and they could ask for more money then, but that would be underneath the old standard. The City has been criticized for not being forward-looking enough to try and solve some of our problems. He thinks they are doing that by having a special election this fall, December 8, to allow the voters to tell them what they want done with this amendment. He asked people to contact him and let him know what the City should cut back on, for example, senior programs, potholes not filled, some streets not plowed at times, etc. Pam Reynolds, 1241 Norton, stated as people went out and petitioned, they did not tell people to tell the City that you cannot go to the voters and ask for tax levy increases or fee creation. They told people by signing this petition you are not saying that you agree or disagree with these things. You are merely saying did you have a preference as to when these things are brought to the voters. You keep mixing in all the budgetary cuts and this and that and granted it all falls in together; however, this language is not the language that appeared on the ballot on this petition. This petition specifically asked that the Charter language not be amended. This has nothing to do with the Charter language. This is a totally separate question. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 14 Mayor Lund stated that is the question that would be on the ballot. Ms. Reynolds asked where is the reference in that question to what the Charter language says. The Charter language does not currently say, "revenue issues." It says, very clearly, "tax levy, fee creation." Councilmember Bolkcom stated one would argue that those are revenue issues, fees and tax levies. Ms. Reynolds asked if they were going to change the language after the election to read that way. Mayor Lund asked what she meant. Ms. Reynolds stated the special election is for the purpose of bringing forward the petition regarding the Charter language. That is not the Charter language. Attorney Knaak stated the purpose of the election is to ratify or not ratify Ordinance No. 1260. The Council's task, when they pass the resolution, is to provide language that succinctly summarizes the question. It does not have to repeat the entire ordinance, but has to succinctly in the Council's judgment summarize the question. That is the purpose of the language in the resolution and, as he understood it, that is the purpose of the Mayor's amendment which was to clarify it even further. Councilmember Bolkcom stated it has nothing to do with the petition that was passed out. She thinks what Ms. Reynolds is saying is they need to have an election with a ballot question related to their petition which is two different things. Ms. Reynolds said to check Chapter 5 of the City Charter. Ms. Skogen stated that is initiative referendum and recall. That is completely different than a charter referendum. Ms. Reynolds asked if this was not a referendum petition. Ms. Skogen replied, we are amending the Charter, and we have to go through the State Statute to amend the Charter. That is the referendum petition process. It is completely different than initiative referendum and recall which refers to ordinances. While it is an ordinance amending the Charter, we have to follow State law as far as the referendum. Even the number of signatures we need is different. Mayor Lund stated he is not suggesting Ordinance No. 1260 have any other changed wording. He was talking about the question. If they do proceed with a special election on or about December 8, the earliest possible date, he suggested they change the verbiage on the question in front of the voters at that time. He is trying to make it as easy as possible. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 15 Ms. Reynolds stated by using language that is not included in the Charter language that he altered in Ordinance No. 1260. Mayor Lund stated, no, the Charter language remains the same. The question simply is, if we go to a special election, voters come to the poll, say yes or no, they want us to make these changes that are written right now in front of you and me. Will they allow us to ask you in a regular or, additionally, in a special election if the need arises, to ask the voters if we can raise the property taxes or potentially some other fee. It does not necessarily mean taxes. The other thing is how we count the ballot. We are not changing the Charter language at all. Ms. Reynolds stated that is what the ordinance is, to change the Charter language. Attorney Knaak stated the ordinance changes the Charter language. The resolution is intended to summarize succinctly the change to go on the ballot. Councilmember Bolkcom stated Mayor Lund's ballot question really does answer where the changes in the Charter were done. She thinks what Ms. Reynolds is trying to say is her petition should be the ballot question which has nothing to do with changing the Charter other than the amendment to the Charter which did not take effect on October 5 because we received the petition that had the required signatures. That does not mean we have to put the question on the petition on the ballot. Mayor Lund asked if Ms. Reynolds is saying that her verbiage has to be on the ballot. Ms. Reynolds stated she is saying they are using the ballot to ask the voters whether to approve the language change they made in Ordinance No. 1260, so how can they then change the language to read that way instead of asking the voters whether they want to change the language as it exists today? Councilmember Bolkcom stated it says shall the City Charter be amended. That does ask the question. Ms. Reynolds stated but the City Charter does not say "revenue issues." It says "tax levies and fee creation." Are you going to put in there the definition of "revenue issues" in order to make those clear to the voting public because this is what they have been looking at all along. She had to provide them with this for them to read what the language currently says and what the Council wishes it to say. That is neither of those items. Councilmember Bolkcom asked if revenue issues are not taxes and fees. Ms. Reynolds stated revenues could be selling pencils on the corner or collecting money for any general fund item, not just tax levies and fee creation. They are required to present a clear and concise question. That might be a clear and concise question when you go and ask them for an increase. It is not a clear and concise question, should you be allowed to enact this ordinance or change this language. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 16 Mayor Lund stated they are not changing that language. Councilmember Bolkcom asked Attorney Knaak for his opinion. Attorney Knaak replied it is really Council's call to decide whether revenue issues are tax levies or new fees generally. He thinks the only obj ection Ms. Reynolds brings to that language is to bring tax levies or new fees to the voters. Mr. Pribyl stated the only revenue issue that you would bring before the voters are those restricted by the Charter. Councilmember Bolkcom stated originally the question said, "Shall the Fridley City Charter be amended to allow the City Council to hold a special election to increase the tax levy or to increase or create new fees that are approved by a maj ority of those voting on the question?" Mayor Lund stated here it says, approved by the majority of those voting on the question. He asked how you simply it to make is non-confusing. Councilmember Saefke said either one of the languages they adopt is not asking anyone for an increase in taxes or levy right now. All they are asking for is the ability for people to vote one way or another when it is timely, which could mean a special election. We can have special elections on Charter amendments but the City cannot ask persons for any revenues or fees unless it is in a regular election year. Even if we adopt this one that talks about tax levies, an increase in fees, etc., it does not mean it is going to happen for certain. There is a good possibility that we will go to the voters and ask, but you will still have the ability to say yes or no. Councilmember Bolkcom asked Ms. Skogen to read the question at the top of the petition. Ms. Skogen stated, "This petition proposes a repeal of an ordinance to amend the City Charter which would change the language in Chapter 702, Power Taxation, Section 2(C) and (D), thereby permitting the use of special election and a simple majority voter acceptance rate on the question when seeking voter approval for an increased tax levy fees in excess of the Charter restriction. The preferred language prior to this ordinance required voting on tax levy increase fees in excess of Charter restrictions to a general election and a 51 percent acceptance rate of those voting in the election. A copy of the ordinance hereto is attached. The proposed repeal is sponsored by the following committee." Their petition is proposing repeal of an ordinance. Councilmember Bolkcom stated if she understands it, they are not against having a special election related to tax levies. Ms. Skogen replied, tax levies and fees in excess of the Charter's restrictions. Councilmember Barnette stated he thinks it is very difficult for all of us to understand the dire straits that not just cities, but counties and schools, have been thrown into with the unallotments, LGA loss, etc. The City of Fridley is in a very, very difficult situation. We have done a lot of work through the efforts of the City Manager to try and understand where we are at. They have FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 17 had staff make cuts in each of their departments. He does not know if all the residents understand that. He is in favor of the special election. He thinks that spending $12,000 to $15,000 is not small by any means, but he thinks they have to get it out and let the people know the situation we are in, and give them the choice under the democratic process to say yes or no. Mayor Lund stated he agrees, it is a tough call. A thousand signatures or whereabouts does bear a lot of weight. He has struggled with this the last couple of weeks. He does not see it as a real win-win situation. They will continue to do some budget cutting. Can they cut right now another million dollars out of our budget so we stop using our savings accounts? The City is also on a fixed income. He personally thinks they have been unfairly burdened by the State. Since 2003 it has been one hit after another. We do budget cuts to try and get ourselves back into close an even keel and we get hit by another change. Then the unallotments came which was like a double whammy, and they came at the end of the year. Councilmember Bolkcom stated she is going to change her vote. She thinks there are a lot of options. She will work hard in the next 53 days to get the word out. Mayor Lund called for a roll call vote on the amendment of the ballot language: Mayor Lund - Aye Councilmember Barnette — Aye Councilmember Saefke - Nay Councilmember Varichak — Nay Councilmember Bolkcom - Aye THE MOTION CARRIED ON A 3 TO 2 VOTE. MOTION by Mayor Lund to adopt Resolution No. 2009-54 as amended. Mayor Lund called for a roll call vote: Mayor Lund - Aye Councilmember Barnette — Aye Councilmember Saefke — Aye Councilmember Varichak - Nay Councilmember Bolkcom - Aye THE MOTION CARRIED ON A 4 TO 1 VOTE. 9. Approve Revised Roadway Major Maintenance Financing Policy. James Kosluchar, Public Works Director, stated this policy applies to surface repair, mill and overlay, sealing of roadways, etc. It does not apply to reconstruction. The policy was developed and passed in 2006. It did not address low-density multiple-unit properties. Duplexes are treated as two single-family units for purposes of policy. Triplexes are three units. These were treated as commercial, along with fourplexes and based on a front foot assessment. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 18 Mr. Kosluchar stated the 2009 resurfacing project this year in Sylvan Hills included the first duplexes. The 61st Avenue resurfacing project included the first triplex. Staff developed a revised policy which calculates assessments for two to four unit residential uses based on the lower of either the commercial rate (which is the current rate for three and four unit properties) or for two units, 1.5 times the single-family residential rate; for three units, 2 times the single- family residential rate; or for four units, 2.5 times the single-family residential rate. Mr. Kosluchar stated the draft revised policy impacts are minimal overall. They are spread out among all the residential assessments within a project. For the 2009 project, the increase proposed single-family rate to balance out the five duplexes. Most projects will have fewer than five duplexes. Mr. Kosluchar stated the exception to this, which we have not encountered for four years prior, is a planned resurfacing for 2011 in the Hyde Park neighborhood. About 26 (20 percent) have two to four units in the assessment area. A single-family rate could increase as much as $50 to $80, looking at the streets that are to be done in this neighborhood. The City's share of the project will also go up because the three- and four-unit properties are not assessed on a commercial basis, and, therefore, are not assessed for side yard work under the policy. All the commercial properties are assessed for both front and side. Mr. Kosluchar stated additional minor revisions that staff included are (1) standardizing some of the language in the policy; and (2) eliminating the dollar-specific limit for storm sewer extension. Staff feels that should be calculated for each project. The limit was set at $1,000. He thinks that is a good guideline, and policy of the Council has been to allow that limit. It should be at Council's discretion outside of the policy to set that rate for each project itsel£ It allows for terms other than the customary ten years. It does say that the ordinary term would be ten years. Also, it includes exceptions for payment or alternate payment schemes, such as prepayment and deferral that we currently have. Councilmember Bolkcom stated she thinks it is very confusing how it is written. Under "(A) Benefited Property" why even put the low density residential? Why not just say, four or fewer dwelling units, those properties with frontage? It seems to her it would be clearer. She asked him to explain to her the section where it says, "In the event a residential lot has frontage on two streets and is of sufficient size or subdivide, those portions of the lot that front on a second street will be assessed for current projects and may be assessed for future projects." Mr. Kosluchar stated what it is saying is that if someone has an excess of property that could be subdivided at a future point, the City will assess for two properties for that parcel. That has been done and has been the history of this policy. William Burns, City Manager, said this is existing language. Councilmember Bolkcom asked if she has a really big lot and could divide it, would the City charge her double. Mr. Kosluchar replied yes. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 19 Councilmember Bolkcom asked if that had been the City's practice. Mr. Kosluchar replied, since 2006 that has been the City's policy. Councilmember Bolkcom asked if he could actually go back to properties and tell her they have done that. Mr. Kosluchar said he believed there was one on Gardena last year that was assessed in this fashion. Councilmember Bolkcom asked what number they used to determine whether a lot is large enough to fall into this category. Mr. Kosluchar said he was not sure there is a definite number. He believed it depended on the zoning as to whether it could be subdivided or not. In the case of the Gardena property, it was obvious there were two lots there. The property could be subdivided easily, and the second lot could be sold off. Councilmember Bolkcom asked whether he could say fairly that since we started this policy any lot we thought could be split, not just the obvious ones, was charged twice. Mr. Kosluchar replied he believed so for the residential properties which this portion of the policy applies to. Councilmember Bolkcom commented but the language states "may" be assessed. Mr. Kosluchar stated it may be assessed for future road construction. Ultimately that is up to the policy at that time. The existing policy says that current or future road construction will be assessed as defined under this policy statement. He does not think that is necessarily correct. Councilmember Bolkcom asked why it was in there. Mr. Kosluchar replied, that is a good point. They could eliminate the future condition altogether because none of this policy deals with the future condition. The idea in the current policy is that they will be assessed for the current projects and may be assessed for future proj ects. Councilmember Bolkcom asked if this item needed to be voted on. Mr. Kosluchar replied it should come back to them at the next meeting because there are some duplexes that would be subj ect to this policy change. Dr. Burns asked if there was a timing problem. We have the assessment hearing on the next meeting agenda. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 20 Councilmember Bolkcom stated they can bring back language changes as long as they are agreeing to the policy. She is not saying she does not agree with the policy. Mayor Lund stated he did not really have a problem with it but asked Councilmember Bolkcom whether she had other issues with it? He does like the changes where it related to the two units, 1.5; three units at 2. Councilmember Bolkcom stated and she is not arguing those, but her understanding is that revisions are not just about that. Mayor Lund stated the only other issue he had was the word "may," which should be more definitive. Councilmember Bolkcom suggested to just end it and not refer to the future. She also asked about the last sentence in the next paragraph. Mr. Kosluchar stated what they were getting at is removal of the term "actual street," but the policy should speak about a constructed street as part of a project. Councilmember Bolkcom suggested not adding the word "constructed." She then referred to (III)(1) on page 3 of the proposed policy at the paragraph which says the current lot assessment will be set by the City Council. She asked if it should say "per proj ect" or something similar. Mr. Kosluchar stated if that is the choice of Council this could be modified. He has not encountered a storm sewer extension project yet. He knows this Council has set that limit, and he does not know if Council would want the discretion to set the amount on a project-by-project basis. That would probably be a very good way to handle any kind of storm sewer extension. Councilmember Bolkcom stated she guessed if they just did it per project then they can understand the impact and the cost and everything else related to it. Council should just change it. Mr. Kosluchar stated to summarize the changes discussed, in (I)(A) we do something with the definition of the low-density residential or forget that term altogether. In (I)(A)(1) on page 2 at the bottom of the paragraph, his suggestion would be they exclude all the words after " rp ojects." In other words, it will read, ". .. on a second street will be assessed for current projects as defined in this policy statement." Then, under (III)(1), they would modify that to read, ". .. The current per lot assessment will be set by the City Council on each proj ect." Councilmember Bolkcom stated, right. Then under (A) the "30 foot wide standard street divided by a 36 foot wide" just leave out "�" and "constructed." Mayor Lund asked if he had any problems with the changes. Mr. Kosluchar replied these will be fine. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 21 MOTION by Councilmember Bolkcom to approve the Revised Roadway Major Maintenance Financing Policy with the changes. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Resolution Approving the Agreement for the State Health Improvement Program (SHIP) Grant with Anoka County. Mr. Hickok stated this is a State health improvement program grant administered by Anoka County to the City of Fridley. It is a two-year agreement which provides $73,300; and the grant term would end June 30, 2011. The grant's objective is to implement policies and practices to create an active community and increase opportunities for non-motorized transportation, such as walking, biking, and access between recreation facilities. Staff has outlined six transportation- related action steps in the 2030 Comprehensive Plan. Community Development and Engineering will use these grant funds to work jointly with the Citizens Task Force to begin implementation of those action steps. The SHII' grant provides funding towards completion of as many of Fridley's 2030 Comprehensive Plan goals and action steps as possible. The grant creates another avenue for continuation of Fridley's tradition of citizen involvement in policy planning. Staff recommends Council adopt the attached resolution authorizing the execution of the proposed agreement for the SHII' grant with Anoka County. Councilmember Bolkcom stated there is a lot of "to be decided" or TBD projects. As far as the City Council, there are no City funds. This is all part of a grant. City staff worked with a group of people so in a sense it is staff time but there are no City funds being used for this project, correct? Mr. Hickok replied, right. Some may recall an article published in the Star Tribune regarding the SHIP program. In that article it talked about a 10 percent match for local communities. That 10 percent match is being paid for Anoka County on our behalf. The out-of-pocket cash comes from other sources, and our contribution of course is time. William Burns, City Manager, stated he was very concerned about the City putting our money into this thing because there is none. One thing Council should realize is we are putting our money in up front and being reimbursed for these things. So there is a reimbursement factor. That made him very concerned about getting some assurances from the County Health Department that the kinds of projects we had in mind met their objectives, so we sent these six Comprehensive Plan action steps to the Health Department, they in turn reviewed it with the Minnesota Department of Health, and they liked them. For all intents and purposes we believe they will accept our expenditures in these areas. Councilmember Bolkcom asked and how will staff determine the community involvement. Is there an action plan on how they are going to get people involved? They are wonderful projects and make sense to her. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 22 Mr. Hickok stated this is an extension as staff sees it of our comprehensive planning process. The beauty of this is we had six action steps that we wanted to take as part of that comprehensive plan and would get folks that were interested in the original document and others to come back and be involved in our community outreach program to get their feedback on these next steps. Councilmember Bolkcom asked if Council would be involved in the future. Mr. Hickok replied, this is a program that has a structure to it that will have staff reporting back to Council and letting them know of their progress as they move through Year 1 and into Year 2. In talking with the people at the State on this program, it is possible that with success in this first round there would be other implementation dollars later to move forward if there are other more brick and mortar type improvements. It is possible that funds might become available. Being involved with this first round and first two years of funding, really enables the City to move forward hopefully in the future in other funding that might become available. Councilmember Bolkcom asked Attorney Knaak if he had seen anything that would cause alarm in the document. Attorney Knaak replied, no. Mayor Lund stated when he looked at the six steps, talking about defining safety or issues of multi-modal traffic impacts and how it relates to pedestrians, cyclists, he takes that as a broader view of the continuation of making these more livable communities, walkable communities, and trying to get away from having to get into your car every time to run errands, etc. He asked if the walkway on 85th Avenue was the last of their trail system and if a need may arise for additional bikeway/walkway systems in our community. Mr. Hickok said this is more like taking what we use for bikeway/walkway already and enhancing that opportunity by making sure the striping is there, signage is there, maybe making additional signage stating you are at the 3-mile mark, etc. Use incentive type things for people to get out and exercise. We might create, for example, a 3-mile loop and maybe then graduate to a 5-mile loop. A lot of it is infrastructure that is already there, but it takes it to the next step. Ultimately it makes a healthier community. Dr. Burns stated it could conceivably be a major capital improvements project also. Mr. Hickok replied, yes, it could be. We do want to make sure we do not miss that opportunity. We want to be involved in the first couple of years. If there are funds available down the road, we want to make sure we have done the first part so we can get some of those other funding opportunities later. Mayor Lund stated it makes sense the City is taking it to another level. He would not spend our local dollars on it as we have more important things to spend it on. He understands these have been approved as the six items to ensure we would get reimbursement. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-55. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 23 Councilmember Saefke pointed out a typo on page 34, it should say "HEALTH IMPROVEMENT." UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Resolution Determinin Substandard Buildings District. g that Certain Parcels are Occupied by Structurally and are to be Included in a Tax Increment Financing Mr. Hickok stated this is a request to consider certain properties blighted and provide for their demolition. The HRA currently owns six vacant properties along University Avenue in the area referred to as Gateway Northeast. The City through the HRA owns the Sinclair station, the former Van-O-Lite facility and former Carquest facility, newer Van-O-Lite facility, an Alano building, a Specialties Office Product building, and the Oriental House restaurant. A blight analysis had been done on those buildings. The City is ready to move on to the next phase which is demolition of those buildings. It is important now because the buildings are blighted and present a poor image along University Avenue. The City has had problems with break-ins, vandalism, copper theft, huge cost of maintenance, and even dangerous booby trapping. One of our inspectors had three of his tires punctured by purposely set nail strips along this corridor. Costs were determined using a means data source. This is the standard for determining blight. All buildings far exceed the 60 percent rule. Five buildings need fire sprinklers, all need new roofs, HVAC, plumbing upgrades, and would require substantial improvements to meet the energy and accessibility code. All the buildings exceed the 15 percent rule in terms of the amount of blight that is necessary. These buildings have stood vacant for some time. Mr. Hickok stated the resolution allows the demolition of the properties now while allowing the properties to be included in the future tax increment redevelopment district. The HRA would have three years from the date of demolition to create a TIF district. If the project is not ready at that time, they can defer the collection of increment for four years. Essentially that means there are seven years between now and the time they would need to start construction on a new proj ect. Mr. Hickok stated staff recommends adopting the resolution to allow for a late fall demolition. The demolition was approved by the HRA at their meeting on October 1. Councilmember Barnette asked if all the buildings are included. Mr. Hickok replied no. The owners of the Tae Kwon Do building have chosen not to negotiate with the City. The veterinary clinic has also chosen not to negotiate. The City only does an arms-length transaction. We do have an offer out to the Sikh Society, and negotiations continue. Councilmember Barnette stated after the demolition there will be two or three other buildings there. What does that do as far as chances for any kind of developer to come in? FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 24 Mr. Hickok replied he thinks they would all agree that they went into this to enhance the image along the corridor. We began to purchase those buildings because of the opportunity. As for a developer being interested, we went through the corridor initiative with the corridor folks. Staff talked to some neighbors about what they would like to see. It may be a more truncated project. Have a nice northern block proj ect and then something smaller on the southern end of the block. He thinks it is in the City's interest to eliminate as much blight as possible. Hopefully it will inspire the remaining buildings to maintain their properties. MOTION by Councilmember Saefke to adopt Resolution No. 2009-56. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Resolution Approving and Authorizing Execution of Convention and Tourism Bureau Agreement. Councilmember Bolkcom said the agreement says a budget will be submitted for review by the City on or before the first day of October. She asked how that works. Debra Skogen, City Clerk, stated they just incorporated and are now in the process of having their first board of directors meeting. There is not an established budget at this time. The agreement actually would begin January 1, 2010. This is a similar agreement that we have had with Visit Minneapolis North since 1986. In October of 2010, Council will be presented a proposed budget for the following year. Councilmember Bolkcom asked whether they have actually seen a budget in the past for this. Ms. Skogen stated she thinks they have come in and reviewed it with the City Manager on an annual basis. William Burns, City Manager, replied not regularly. Richard Pribyl, Finance Director, stated he thinks probably the only one who has seen one is either Ms. Skogen or the prior representative. Ms. Skogen stated it is supposed to be brought to the board of directors for approval in September so that it can go to the cities in October. Councilmember Bolkcom stated this might be something that somebody should be approving besides just the representative. Councilmember Bolkcom referred to paragraph (6) where it states "The Finance Officer of the city shall have the right of access to the books and records. .. at any time." She asked if they normally gave the City a copy of the monthly financial statements and if someone looked at them. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 25 Ms. Skogen replied, she has been on the executive committee for the last three years; and they are reviewed by the executive committee on a monthly basis. Councilmember Bolkcom stated, it states the Bureau will provide the "city" a copy of the monthly financial statement. Ms. Skogen stated she thinks they are given to the representative. She has not brought it forward to the City since 2000, but they do provide a copy to her as a representative. Mayor Lund stated he thinks it probably appropriate to provide a copy to Council. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-52. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Resolution Approving the Agreement for Collection of Fluorescent Lamps with Xcel Energy. Councilmember Bolkcom stated our recycling contract expired in 2008. She asked if it was normal for them to be a year behind in submitting a new contract. Mr. Hickok replied he did not think that it s typical. They have never denied their obligation or their duties to collect. Councilmember Bolkcom stated we have not had any problems with getting reimbursement. When we have our recycling drop-off days, do they pay for the recylcler? Mr. Hickok replied, yes. They also collect the fluorescent bulbs for the Municipal Center and the Public Works facility. They have a regular collection schedule. Councilmember Bolkcom stated someone stated they could not come on Saturday and asked if there was something else they could do with their fluorescent bulbs. Mr. Hickok stated they can call Rachel Harris at 763-572-3594, and she can help them. Councilmember Bolkcom said the agreement outlines two methods of payment. She asked which one we are choosing. Mr. Hickok said they use the second method. Councilmember Bolkcom asked if it needed to be spelled out in the agreement. Mr. Hickok stated this has been our standard agreement. This is their standard contract they use with every City. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 26 Councilmember Bolkcom asked Attorney Knaak if it should be spelled out in the agreement what method we will be using. Attorney Knaak replied, as long as the City is clear in choosing the option. The agreement provides for the necessary understanding. It does not have to be city specific in this case. Mayor Lund stated it is probably all pretty minor anyways because of the fact that it is an ongoing program. He asked about the term of the contract. Attorney Knaak stated they have pretty clearly a two-year contract that has been extended because it is retroactive. He read the contract as being from 2010-2011 or for two years. MOTION by Mayor Lund to adopt Resolution No. 2009-53. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mayor Lund to amend the Resolution by adding: "Whereas, the contract term begins January 1, 2009, and ends December 31, 2011." Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Informal Status Report Councilmember Bolkcom asked Mr. Kosluchar what he knew about the signal and lane changes. She saw they are starting to work on East River Road. Does he think that will be able to happen yet? Mr. Kosluchar replied he is guessing they are going to complete what they need to on the roadway yet this fall. Dr. Burns asked about the elevated storage tank. Mr. Kosluchar stated the contractor is late and knows it. The contractor is a slave to the weather and probably needs three good days. Dr. Burns asked if there is a danger it will get held over until next year. Mr. Kosluchar replied, there is, but his expectation is they will get barely get their three days. Councilmember Bolkcom asked if there are penalty fees in the contract related to their being behind schedule. Mr. Kosluchar replied there are. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2009 PAGE 27 Councilmember Bolkcom asked if there was any danger painting this late. Mr. Kosluchar stated staff has made them aware of the stipulations in the contract regarding completion and he believed the paint was warranted for two years. It is their duty to complete it on time and to complete it right. He thinks it may still happen this year. Ms. Skogen stated regarding the special election they will now be having on December 8, residents can vote by absentee ballot. They have to file an application and their ballot will be sent out 30 days before the election. The applications will be made available to the public on Wednesday. Councilmember Bolkcom asked if they can call and get an application. Ms. Skogen replied, they can call her at 763-572-3523, they can e-mail her at sko,_�end(c�ci.fridley.mn.us, or they can come in person. Mayor Lund asked for those people campaigning, can they bring absentee ballots. Ms. Skogen replied they can bring the applications and voter registration cards. In order to get the names in a roster book for a special election there is always is a 20-day window where they cut off voter registration for 20 days before December 8. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 10:43 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor PLANNING COMMISSION OCTOBER 7, 2009 Chairperson Kondrick called the Planning Commission meeting to order at 7:00 p.m. ROLL CALL: MEMBERS PRESENT: Brad Dunham, Leroy Oquist, Dean Saba, David Kondrick, Marcy Sibel, Brad Sielaff, Jack Velin OTHERS PRESENT: Stacy Stromberg, City Planner George Brown, HB Fuller Chuck Schwalbe, Sign Wise Group APPROVE PLANNING COMMISSION MEETING MINUTES: September 16, 2009 MOTION by Commissioner Dunham to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING: 1. Consideration of a Special Use Permit, SP 09-13, by H.B. Fuller Co., to allow limited outdoor storage in the rear yard of the property, generally located at 5220 Main Street NE. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sibel. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:04 P.M. Stacy Stromberg, City Planner, said the petitioner, George Brown, on behalf of HB Fuller, is seeking a special use permit to allow limited outdoor storage in two designed areas, one within the side yard and the other within the rear yard of the property, which is located at 5220 Main Street. The items stored outdoor will consist of storage trailers that contain empty 55 gallon drums, pallet storage, and other misc. materials/equipment required for their business. Ms. Stromberg said that the property is zoned M-2, Heavy Industrial as are the properties to the north and south. Burlington Northern Santa Fe Railroad property is to the west and Single Family Residential properties are located to the east. It is located on Main Street, south of Interstate 694. The property was originally developed in 1959. Storm damage in 1965, required the building to be reconstructed. Several additions have been constructed since 1965. Ms. Stromberg said that this summer the City's Community Development department has hired a Code Enforcement Intern to do systematic inspections of our commercial and industrial properties. As a result, many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is one of those that came to staff's attention during those systematic inspections. Ms. Stromberg said that City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 43,600 square feet, so City code would allow up to 21,800 sq. ft. of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located behind the building and is 10,800 sq. ft. in size. The second area is in the side yard and is in the loading dock area and is 5,100 square feet in size. Both areas combined are 15,900 square feet which is below what code would allow for outdoor storage space on this site. The two areas the petitioner has designed as outdoor storage areas, won't be full of outdoor storage items, instead the petitioner has created these two contiguous areas to encompass all of their outdoor storage needs. Ms. Stromberg said that before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg said that based on the breakdown of uses within the building, which was provided by the petitioner, parking needs for this site are 73 parking stalls. The petitioner has stated that they have 42 parking stalls on their site. As a result, they fall short of meeting code requirements by 3lstalls. Since this business has been in operation in this location for around 40 years, staff has asked the petitioner to provide staff with a better understanding of how the interior manufacturing space is used. Ms. Stromberg read the letter from George Brown, HB Fuller's Sr. Facility Technical Manager, who stated "HB Fuller currently has 39 employees at the Fridley plant, of which 27 work the day shift, 7 work 2nd shift and S work 3rd shift. At our peak when we were at 100% capacity and when our divisional offices were in the building, we had SI employees of who 34 were on the day shift, 9 were on 2nd shift, and 8 were on 3rd shift. We no longer have a separate division of our company and do not anticipate going back to those levels, but even at the highest point within our company, we had ample parking. It should also be pointed out that we have large machines within our manufacturing space that take up a lot of space and we also have large areas of warehouse space dedicated to storage of materials. " Ms. Stromberg said that staff hasn't noticed that parking seems to be an issue on this site, despite the fact that code would require them to have additional stalls. Based on what the petitioner has stated, about the amount of manufacturing space that is allocated for large equipment and warehouse space, staff would feel comfortable allowing the site to continue to function with the 42 parking stalls that currently exist. Staff will stipulate though that all parking stalls be clearly marked and that at which time parking does become an issue for this tenant or future tenants of the building that the interior space may need to be re-worked to better meet City code parking requirements. Ms. Stromberg said that the petitioner plans to designate two outdoor storage areas on the property. The first area is 10,800 square feet in size and is in the rear yard of the property. Within that storage area will be pallet storage, misc. equipment storage and storage of trailers that contain empty 55 gallon drums. Storage area two is 5,100 square feet in size and is in the side yard of the property, by the loading docks, between 2 sections of the building. This area will be used to store two storage trailers that hold the empty 55 gallon drums that are used for the petitioner's business. It should be noted that the storage trailers that are used will not meet City code height requirement of 12 ft. for outdoor storage, however, these trailers will be coming and going as all the 55 gallon drums are used. However, because the material within the trailers is continually being used for the petitioner's business and the trailers will come and go on the site; staff is comfortable allowing them to remain. Ms. Stromberg noted that one of the trailers on the north side of the lot is slightly over the petitioner's property line. The petitioner has articulated to staff that they have a verbal agreement with the neighboring property owner, Mr. Timmerman to have the trailers stored in this location and have had this agreement for at least 20 years. Ms. Stromberg said that the proposed outdoor storage areas will not be visible from Main Street, however storage area one will be visible from the railroad right of way. As a result, City staff will stipulate that the petitioner plant some ivy along the rear fence or plant some shrubbery along the fence line to help screen the area from the railroad right- of-way. The proposed site plan meets all other code requirements that aren't already addressed in this report. City staff hasn't heard from any neighboring property owners. Ms. Stromberg said that Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall submit a landscape plan to be approved by staff within 30 days of issuance of this special use permit, showing areas for installation of ivy or sufficient shrubbery to further screen the outdoor storage area from the rail right- of-way. 2. The petitioner shall stripe all parking stalls to meet City code requirements. 3. If a parking shortage occurs on the site, the petitioner shall develop an agr�eeable plan approved by City staff to re-work the interior space of the existing building or find other parking options. 4. The location and type of materials shall be reviewed by the Fire Marshal. Commissioner Oquist asked what type of materials would be stored under stipulation number four. He asked if it would be outdoor storage items. Ms. Stromberg said that is correct. The Fire Marshal would like to know what is being stored outside. Commissioner Oquist asked if the storage items would be checked on a monthly basis. Ms. Stromberg answered no, the Fire Marshal will check out the items periodically but not on a monthly basis. Commissioner Oquist suggested to add something to stipulation number four about the fact that we're referring to outside materials. Commissioner Velin asked if the storage that was facing the rail road tracks really needed to be screened. Chairperson Kondrick said that with the North Star Rail coming in maybe those folks don't want to look at the storage areas. Ms. Stromberg said that it is a code requirement to have the area screened from the rail right-of-way so it was not something additional staff was asking them to do. Chairperson Kondrick asked if the petitioner understood and was in agreement with the stipulations. George Brown, H.B. Fuller Co., said yes, he understood the stipulations and agreed with all of them. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Velin. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:15 P.M. MOTION by Commissioner Saba to approve the Consideration of a Special Use Permit, SP 09-13, by H.B. Fuller Co., to allow limited outdoor storage in the rear yard of the property, generally located at 5220 Main Street NE with the following stipulations: 1. The petitioner shall submit a landscape plan to be approved by staff within 30 days of issuance of this special use permit, showing areas for installation of ivy or sufficient shrubbery to further screen the outdoor storage area from the rail right- of-way. 2. The petitioner shall stripe all parking stalls to meet City code requirements. 3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved by City staff to re-work the interior space of the existing building or find other parking options. 4. The location and type of materials, specifically for outdoor storage, shall be reviewed by the Fire Marshal. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY Chairperson Kondrick said that this item will go before the City Council on October 26, 2009 at 7:30 p.m. 2. Consideration of a Special Use Permit, SP #09-14, by Sign Wise Group, to allow an electronic gas pricing sign, generally located at 7899 East River Road NE. MOTION by Commissioner Sibel to open the public hearing. Seconded by Commissioner Sielaff. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:16 P.M. Stacy Stromberg, City Planner, said that the petitioner, Sign Wise Group, who is representing Mohamed Zaro, who is the property owner, of the property located at 7899 East River Road, is requesting a special use permit to allow a free-standing electronic LED gas pricing sign. Ms. Stromberg said that an 80 sq. ft. free-standing sign already exists on the subject property. The petitioner is planning to reface the existing sign and insert a 28 sq. ft. panel, which will allow for an electronic LED gas pricing sign. The new sign face will also have panels inserted in it, which will allow space for signage for other tenants within the rest of the building. Total square footage of the sign is 80 sq. ft. Ms. Stromberg said that the subj ect property is located at the southeast corner of 79tn Way and East River Road. The property is zoned G1, Local Business. Motor vehicle fuel and oil dispensing services are a permitted special use in the G1, Local Business zoning district. In 1992, the City Council approved a special use permit to allow motor vehicle fuel and oil dispensing service as an accessory use to a convenience store. A variance was also granted in 1992, to reduce the hard surface setback requirement from 20 ft. to 6 ft. to allow the construction of a gasoline pump island. The original free- standing sign was constructed in 1981; however, there have been several changes and modifications to the sign since it was constructed. Ms. Stromberg said that electronic changeable signs are an approved special use in any zoning district, except residential, provided the message doesn't change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district, in which the property is located. The subject property is zoned, G1, Local Business, which requires that free standing signage cannot exceed 80 square feet in size. The existing and proposed sign meets that size requirement and all other sign code requirements for free-standing signage. The petitioner is proposing a retro-fit the existing sign, by installing a 28 sq. ft. panel which will display an electronic LED gas pricing sign. The new sign will also identify the property as the "Riverboat" and have panels for names of the businesses within the strip mall to be displayed. Ms. Stromberg said that Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never fZash or have motion that may distract vehicular traffic in the area. 4. The existing manual gas pricing sign on the pole below the 80 square foot existing cabinet shall be removed upon installation of the electronic gas pricing sign. S. The existing sign pole shall be repainted. Chairperson Kondrick asked if Mr. Schwalbe had anything to add to the staff presentation. Mr. Schwalbe, Sign Wise Group, said that one of the stipulations was changed to allow them to keep the old sign up until the new sign is done so the gas prices can be posted. Chairperson Kondrick asked if he was okay with the other stipulations. Mr. Schwalbe answered yes, definitely. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Dunham. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:23 P.M. Commissioner Oquist said that the new signs are nicer looking than the old ones and it is great to have the new technology. Chairperson Kondrick added that it will be easier to change the prices. MOTION by Commissioner Oquist to approve the consideration of a Special Use Permit, SP #09-14, by Sign Wise Group, to allow an electronic gas pricing sign, generally located at 7899 East River Road NE with 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. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. The existing manual gas pricing sign on the pole below the 80 square foot existing cabinet shall be removed upon installation of the electronic gas pricing sign. 5. The existing sign pole shall be repainted. Seconded by Commissioner Sielaff. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY Chairperson Kondrick said that this item will also go before City Council on October 26, 2009. 3. Receive the Minutes of the September 3, 2009 Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Oquist to receive the minutes of the September 3, 2009 Housing and Redevelopment Authority Commission Meeting. Seconded by Commissioner Saba. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY OTHER BUSINESS: 4. Approve the 2010 Planning Commission meeting dates. Stacy Stromberg, City Planner, said that in 2010 the Planning Commission will only meet once a month; the third Wednesday at 7:00 p.m. MOTION by Commissioner Oquist to approve the 2010 Planning Commission meeting dates. Seconded by Commissioner Velin. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY Ms. Stromberg said that at the last meeting there were several SUP's requested for outdoor storage. All of them were approved at the September 28th City Council meeting Ms. Stromberg said that the next Planning Commission meetings scheduled are October 21st and November 4tn ADJOURN MOTION by Commissioner Saba to Adjourn. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:25 P.M. Respectfully submitted, Krista Monsrud, Recording Secretary � � �ffY �F FRIDLEY TD FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2009 EAST MOORE LAKE LANDSCAPE REVITALITAZATION PROJECT PROJECT NO. CD 2009-1 DATE: October 22, 2009 Attached you will find the final assessment roll for the 2009 East Moore Lake Landscape Revitalization Project No. CD. 2009-1 along with the Resolution to adopt the assessment. This proj ect included 5 properties. The assessment will be for 5 years at a rate of 6.5%. A public hearing is not necessary since all affected property owners, or their representative, have signed a contract waiving any rights to one. RDP/gt Attachment RESOLUTION NO. 2009- RESOLUTION ADOPTING ASSESSMENT FOR THE 2009 EAST MOORE LAKE DRIVE LANDSCAPE REVITALIZATION PROJECT NO. 2009-1 WHEREAS, pursuant to contracts signed by property owners or their representative, the council has met and considered the proposed assessment for the 2009 East Moore Lake Drive Landscape Revitalization Project No. 2009-1. NOW THEREFORE, BE IT RESOLVED BY TI� CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of five years, the first of the installments to be payable on or before the first Monday in January, 2010, and shall bear interest at the rate of 6'/2 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2010. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF OCTOBER, 2009. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK ASSESSMENT ROLL EAST MOORE LAKE DRIVE LANDSCAPE REVITALIZATION PROJECT October 22, 2009 Property Assessmen PIN No. Property Street t E Moore Lake 13-30-24-31-0035 1271 Dr $4,901.00 E Moore Lake 13-30-24-34-0008 1109 Dr $3,372.00 E Moore Lake 13-30-24-34-0025 1001 Dr $13,858.33 E Moore Lake 13-30-24-34-0028 1250 Dr $13,858.33 E Moore Lake 13-30-24-34-0029 1200 Dr $13,858.33 $49,847.99 � � CfTY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 October 20, 2009 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Special Use Permit Request, SP #09-13, HB Fuller — 5220 Main Street INTRODUCTION The petitioner, George Brown, on behalf of HB Fuller, is seeking a special use permit to allow limited outdoor storage in two designated areas, one within the side yard and the other within the rear yard of the property, which is located at 5220 Main Street. The items stored outdoor will consist of storage trailers that contain empty 55 gallon drums, pallet storage, and other misc. materials/equipment required for their business. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The building's square footage is 43,600 square feet, so City code would allow up to 21,800 sq. ft. of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located behind the building and is 10,800 sq. ft. in size. The second area is in the side yard and is in the loading dock area and is 5,100 square feet in size. Both areas combined are 15,900 square feet, which is below what code would allow for outdoor storage space on this site. Though the areas won't be filled with materials initially, the petitioner has created these two areas to handle all future outdoor storage needs. PLANNING COMMISSION RECOMMENDATION At October 7, 2009, Planning Commission meeting, a public hearing was held for SP #09-13. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #09-13, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall submit a landscape plan to be approved by staff within 30 days of issuance of this special use permit, showing areas for installation of ivy or sufficient shrubbery to further screen the outdoor storage area from the rail right-of-way. 2. The petitioner shall stripe all parking stalls to meet City code requirements. 3. /f a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved by City staff to re-work the interior space of the existing building or find other parking options. 4. The location and type of materials, speci�cally for outdoor storage, shall be reviewed by the Fire Marshal. City of Fridley Land Use Application SP #09-13 October 7, 2009 GENERAL INFORMATION Applicant: HB Fuller George Brown 5220 Main Street NE Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage of materials. Existing Zoning: M-2 (Heavy Industrial) Location: 5220 Main Street NE Size: 116,451.43 sq. ft. 2.67 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-2 E: Single Family & R-1 S: Industrial & M-2 W: Railroad & RR Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.12 requires a special use permit to allow limited outdoor storage. Zoning History: Lot hasn't been platted. 1959 — Mfg. plant constructed. 1962 — Building addition. 1965 — Storm damage. 1965 — Building constructed. 1968 — Building addition. 1977 — Building addition 1983 — Deck constructed. 1987 — 15 ft. bikeway / walkway easement, 30 ft. in on east side of property. 1993 — Tank building 2004 — Deck constructed. Legal Description of Property: Legal description enclosed in packet. Public Utilities: Building is connected. Transportation: The property is accessed from Main Street. SPECIAL INFORMATION Physical Characteristics: Building, hard surface parking areas with very little landscaping. SU M MARY OF PROJECT The petitioner, Mr. Brown, who is representing HB Fuller, is requesting a special use permit to allow limited outdoor storage within the side and rear yard of the property located at 5220 Main Street. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — October 26, 2009 60 Day — November 2, 2009 Existing Building Staff Report Prepared by: Stacy Stromberg SP #09-13 REQUEST The petitioner, George Brown, on behalf of HB Fuller, is seeking a special use permit to allow limited outdoor storage in two designated areas, one within the side yard and the other within the rear yard of the property, which is located at 5220 Main Street. The items stored outdoor will consist of storage trailers that contain empty 55 gallon drums, pallet storage, and other misc. materials/equipment required for their business. HISTORY AND ANALYSIS The property is zoned M-2, Heavy Industrial as are the properties to the north and south. Burlington Northern Santa Fe Railroad property is to the west and Single Family Residential properties are located to the east. It is located on Main Street, south of Interstate 694. The property was originally developed in 1959. Storm damage in 1965, required the building to be reconstructed. Several additions have been constructed since 1965. As you are aware, this summer the City's Community Development department has hired a Code Enforcement Intern to do systematic inspections of our commercial and industrial properties. As a result, many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is one of those that came to staff's attention during those systematic inspections. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 43,600 square feet, so City code would allow up to 21,800 sq. ft. of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located behind the building and is 10,800 sq. ft. in size. The second area is in the side yard and is in the loading dock area and is 5,100 square feet in size. Both areas combined are 15,900 square feet which is below what code would allow for outdoor storage space on this site. The two areas the petitioner has designed as outdoor storage areas, won't be full of outdoor storage items, instead the petitioner has created these two areas to encompass all of their outdoor storage needs. Before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Based on the breakdown of uses within the building, which was provided by the petitioner, parking needs for this site are 73 parking stalls. The petitioner has stated that they have 42 parking stalls on their site. As a result, they fall short of ineeting code requirements by 31stalls. I` Since this business has been in operation in this location for around 40 years, staff has asked the petitioner to provide staff with a better understanding of how the interior manufacturing space is used. George Brown, HB Fuller's Sr. Facility Technical Manager, states "HB Fuller currently has 39 employees at the Fridley plant, of which 27 work the day shift, 7 work 2"d shift and 5 work 3'�d shift. At our peak when we were at 100% capacity and when our divisional offices were in the building, we had 51 employees of who 34 were on the day shift, 9 were on 2"d Shlft, and 8 were on 3'�d shift. We no longer have a separate division of our company and do not anticipate going back to those levels, but even at the highest point within our company, we had ample parking. It should a/so be pointed out that we have large machines within our manufacturing space that take up a lot of space and we a/so have large areas of warehouse space dedicated to storage of materials." Staff hasn't noticed that parking seems to be an issue on this site, despite the fact that code would require them to have additional stalls. Based on what the petitioner has stated, about the amount of manufacturing space that is allocated for large equipment and warehouse space, staff would feel comfortable allowing the site to continue to function with the 42 parking stalls that currently exist. Staff will stipulate though that all parking stalls be clearly marked and that at which time parking does become an issue for this tenant or future tenants of the building that the interior space may need to be re-worked to better meet City code parking requirements. The petitioner plans to designate two outdoor storage areas on the property. The first area is 10,800 square feet in size and is in the rear yard of the property. Wthin that storage area will be pallet storage, misc. equipment storage and storage of trailers that contain empty 55 gallon drums. Storage area two is 5,100 square feet in size and is in the side yard of the property, by the loading docks, between 2 sections of the building. This area will be used to store two storage trailers that hold the empty 55 gallon drums that are used for the petitioner's business. It should be noted that the storage trailers that are used will not meet City code height requirement of 12 ft. for outdoor storage, however, these trailers will be coming and going as all the 55 gallon drums are used. However, because the material within the trailers is continually being used for the petitioner's business and the trailers will come and go on the site; staff is comfortable allowing them to remain. It should also be noted that one of the trailers on the north side of the lot is slightly over the petitioner's property line. The petitioner has articulated to staff that they have a verbal agreement with the neighboring property owner, Mr. Timmerman to have the trailers stored in this location and have had this agreement for at least 20 years. The proposed outdoor storage areas will not be visible from Main Street, however storage area one will be visible from the railroad right of way. As a result, City staff will stipulate that the petitioner plant some ivy along the rear fence or plant some shrubbery along the fence line to help screen the area from the railroad right-of-way. The proposed site plan meets all other code requirements that aren't already addressed in this report. City staff hasn't heard from any neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall submit a landscape plan to be approved by staff within 30 days of issuance of this special use permit, showing areas for installation of ivy or sufficient shrubbery to further screen the outdoor storage area from the rail right-of-way. 2. The petitioner shall stripe all parking stalls to meet City code requirements. 3. /f a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved by City staff to re-work the interior space of the existing building or find other parking options. 4. The location and type of materials, speci�cally for outdoor storage, shall be reviewed by the Fire Marshal. RESOLUTION NO. 2009 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 09-13 FOR HB FULLER, 5220 MAIN STREET NE WHEREAS, Section 205.18.O1.C.12 of Fridley City Code allows limited outside storage in an M-2 zoning district by a special use permit if certain conditions can be met; and WHEREAS, on October 7, 2009, the Fridley Planning Commission held a public hearing to consider a request by HB Fuller, generally located at 5220 Main Street NE in Fridley, legal description attached in Exhibit B, for a special use permit SP# 09-13 for limited outside storage; and WHEREAS, on October 26, 2009, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on special use permit SP# 09-13; and WHEREAS, the petitioner, representing HB Fuller, was presented with Exhibit A, the stipulations for SP# 09-13, at the October 26, 2009 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 09-13 and stipulations represented in Exhibit A are hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26tn DAY OF OCTOBER, 2009. SCOTT LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP# 09-13 Special Use Permit for Limited Outdoor Storage HB Fuller, 5220 Main Street NE, Fridley, MN Stipulations 1. The petitioner shall submit a landscape plan to be approved by staff within 30 days of issuance of this special use permit, showing areas for installation of ivy or sufficient shrubbery to further screen the outdoor storage area from the rail right-of-way. 2. The petitioner shall stripe all parking stalls to meet City code requirements. 3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved by City staff to re-work the interior space of the existing building or find other parking options. 4. The location and type of materials, specifically for outdoor storage, shall be reviewed by the Fire Marshal. EXHIBIT B SP# 09-13 Special Use Permit for Limited Outdoor Storage HB Fuller, 5220 Main Street NE, Fridley, MN All that part of Lot 4, Auditor's Subdivision Number 79, lying East of a line 361 feet Easterly when measured at right angles from the center line of the main track of the Northern Pacific Railway Company and lying between lines, and the e�tensions thereof which are parallel to the south line of said Lot 4 and distant 646 feet and 818 feet respectively therefrom, said distance being measured at right angles to said South line. Subject to the rights of the public over the East 30 feet thereof designated as being a part of Main Street N.E. Together with a triangular portion of said Lot 4 described as follows: Commencing at a point on the North line of the tract hereinbefore described which point is distant 500 feet west of the center line of Main Street, said distance being measured along said North line, thence in a northwesterly direction to a point on the westerly line of the tract hereinbefore described extended in a Northerly direction, which point is distant 58 feet North measured along said Westerly line extended from the Northwest corner of said tract hereinbefore described; thence in a Southerly direction along said westerly line e�tended to the Northwest corner of said tract hereinbefore described; thence in an Easterly direction along the Northerly line of said tract hereinbefore described, to the point of beginning. � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 October 20, 2009 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #09-14, Sign Wse Group for Riverboat Strip Mall INTRODUCTION The petitioner, Sign Wise Group, who is representing Mohamed Zaro, who is the property owner, of the property located at 7899 East River Road, is requesting a special use permit to allow a free-standing electronic LED gas pricing sign. An 80 sq. ft. free-standing sign already exists on the subject property. The petitioner is planning to reface the existing sign and insert a 28 sq. ft. panel, which will allow for an electronic LED gas pricing sign. The new sign face will also have panels inserted in it, which will allow space for signage for other tenants within the rest of the building. Total square footage of the sign is 80 sq. ft. PLANNING COMMISSION RECOMMENDATION At the October 7, 2009, Planning Commission meeting, a public hearing was held for SP #09-14. After a brief discussion, the Planning Commission recommended approval of SP #09-14, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. 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. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. The existing manual gas pricing sign on the pole below the 80 square foot existing cabinet shall be removed upon installation of the electronic gas pricing sign. 5. The existing sign pole shall be repainted. City of Fridley Land Use Application SP #09-14 October 7, 2009 GENERAL INFORMATION Applicant: Sign Wise Group Chuck Schwalbe 5445 Teakwood Lane N Plymouth MN 55442 Requested Action: Special Use Permit for an automatic changeable sign Existing Zoning: C-1, Local Business Location: 7899 East River Road Size: 34,589 sq. ft. .79 acres Existing Land Use: Gasoline Station Store with attached Strip mall Surrounding Land Use & Zoning: N: Single & Multi-Family & R-3 & R-1 E: Apartment Building & R-3 S: Apartment Building & R-3 W: East River Road & ROW Comprehensive Plan Conformance: Consistent with Plan Zoning/Permit History: 1963 — Lot is platted. 1978 — Building constructed. 1981 — Pylon sign constructed. Legal Description of Property: Lot 1, Block 1, Pearson's 1 St Addition, subiect to easement of record. Public Utilities: Building is connected Transportation: The property receives access from East River Road or 79th Way. Physical Characteristics: Lot consists of the building, the gasoline pumps, parking areas with very little landscaping. SPECIAL INFORMATION SUMMARY OF REQUEST The petitioner, Sign Wise Group, who is representing the property owner, Mohamed Zaro, is requesting a special use permit to allow a free-standing automatic changeable LED gas pricing sign at the gas station located at 7899 East River Road. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit request. Electronic changeable signs are an approved special use in the commercial zoning districts, provided the sign complies with Code Aerial of Subject Property CITY COUNCIL ACTION / 60 DAY DATE City Council — October 26, 2009 60 Day Date — November 2, 2009 Staff Report Prepared by: Stacy Stromberg SP #09-14 REQUEST The petitioner, Sign Wse Group, who is representing Mohamed Zaro, who is the property owner, of the property located at 7899 East River Road, is requesting a special use permit to allow a free- standing electronic LED gas pricing sign. An 80 sq. ft. free-standing sign already exists on the subject property. The petitioner is planning to reface the existing sign and insert a 28 sq. ft. panel, which will allow for an electronic LED gas pricing sign. The new sign face will also have panels inserted in it, which will allow space for signage for other tenants within the rest of the building. Total square footage of the sign is 80 sq. ft. HISTORY AND ANALYSIS The subject property is located at the southeast corner of 79th Way and East River Road. The property is zoned C-1, Local Business. Motor vehicle fuel and oil ����� �L����r �-�- dispensing ,�r� n.r �;� � services are a permitted � �� ', � . � :: % special use in % the C-1, Local Business zoning district. In 1992, the City Council approved a special use permit to allow motor vehicle fuel and oil dispensing service as an accessory use to a convenience store. A variance was also granted in 1992, to reduce the hard surface setback requirement from 20 ft. to 6 ft. to allow the construction of a gasoline pump island. The original free-standing sign was constructed in 1981; however, there have been several changes and modifications to the sign since it was constructed. �,� ' � �' CODE REQUIREMENTS ��__ ��° r� ., � 4 ' 1,� �� `�•� Electronic changeable signs are an approved special use •-• � �� ��� �� � 1�a���-�''��� -�"` in any zoning district, except residential, provided the message doesn't change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district, in which the property is located. The subject property is zoned, C-1, Local Business, which requires that free standing signage can not exceed 80 square feet in size. The existing and proposed sign meets that size requirement and all other sign code requirements for free-standing signage. The petitioner is proposing a retro-fit the existing sign, by installing a 28 sq. ft. panel which will display an electronic LED gas pricing sign. The new sign will also identify the property as the "Riverboat" and have panels for names of the businesses within the strip mall to be displayed. STAFF RECOMMENDATION City Staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning districts, provided the sign complies with Code requirements, subject to stipulations. STIPULATIONS City Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. The existing manual gas pricing sign on the pole below the 80 square foot existing cabinet shall be removed upon installation of the electronic gas pricing sign. 5. The existing sign pole shall be repainted. RESOLUTION NO. 2009 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 09-14 FOR SIGN WISE GROUP ON BEHALF OF MOHAMED ZARO, THE PROPERTY OWNER OF 7899 EAST RIVER ROAD NE WHEREAS, Section 214.07.01 of the Fridley City Code allows electronic changeable signs in commercial zoning districts by a special use permit if certain conditions can be met; and WHEREAS, on October 7, 2009, the Fridley Planning Commission held a public hearing to consider a request by the Sign Wise Group, on behalf of the property owner of 7899 East River Road in Fridley, on Lot 1, Block 1, Pearson's First Addition, for a special use permit SP# 09-14 for an electronic changeable sign; and WHEREAS, on October 26, 2009, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on special use permit SP# 09-14; and WHEREAS, the petitioner, Sign Wise Group, on behalf of the property owner of 7899 East River Road, was presented with Exhibit A, the stipulations for SP# 09-14, at the October 26, 2009 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 09-14 and stipulations represented in Exhibit A are hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26tn DAY OF OCTOBER, 2009. SCOTT LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP# 09-14 Special Use Permit for an Electronic Changeable Sign Mohamed Zaro, 7899 East River Road NE, Fridley, MN 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. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. The existing manual gas pricing sign on the pole below the 80 square foot e�sting cabinet shall be removed upon installation of the electronic gas pricing sign. 5. The existing sign pole shall be repainted. � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 October 21, 2009 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Sign Plan for Riverboat Strip Mall — 7899 East River Road INTRODUCTION The petitioner, Sign Wise Group, representing Mohamed Zaro, the property owner of 7899 East River Road, is requesting that the City Council approve the new attached sign plan. The original sign plan was approved by the City Council on July 22, 1987. The strip mall has currently changed ownership and is undergoing renovation and modifications to the exterior of the building. A new sign package is part of that modification. SUMMARY Code Section 214.14, requires shopping centers and multiple tenant buildings to have a comprehensive sign plan approved by the City. The purpose of this requirement is to assure that centers have well planned, aesthetically pleasing, and consistent appearance. The proposed sign plan meets all the City's criteria, and will allow for new modern looking signs. All new wall signage will consist of manufactured channel letters that will be mounted on a raceway, instead of adhering directly to the building. All signs will be required to be the same color, with red aluminum returns, red trim caps, and white acrylic faces. The petitioner is also seeking a special use permit for an electronic gas pricing sign, which is also on the City Council's agenda for October 26, 2009. The entire free-standing sign will be remodeled with the addition of the electronic sign. The modifications that are currently being made to the strip mall are a nice improvement to the site and the new signage will only enhance the aesthesis of the property. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed new comprehensive sign plan for the Riverboat Strip Mall located at 7899 East River Road. RIVERBOAT CENTER Fridley, Minnesota SIGN CRITERIA General Guidelines 1. It is the intent of the sign program for RIVERBOAT CENTER that the signage be creative and individual while operating within the guidelines of this criteria. 2. Approval of the store design drawings and working drawings and/ or specifications does not constitute approval of any sign work Sign approval procedure is spelled out later in this criteria. 3. Each Tenant shall be require to identify their premises with approved signage prior to opening for business. 4. The furnishing and installation of signage and the cost incurred shall be the responsibility of the Tenant. Sign construction is to be completed within the guidelines of this criteria. Sign Specifications A. Pylon Signage 1. Tenant will be limited to a single identification panel on each side of the pylon sign as determined by the RIVERBOAT CENTER MANAGEMENT. B. Exterior Signage 1. All signs shall consist of manufactured Channel Letters on a raceway -with white faces and red trim, installed on the mansard roof overhang. Tenants sign area shall be assigned by RIVERBOAT CENTER MANAGEMENT. 2. Sign material - Channel Letters - red aluminum returns, red trim cap, and white acrylic faces, LED illumination, raceway painted Ocean Blue, and power source. Largest individual letters in the sign cannot exceed 18". Multiple raceways or add on logo signs shall not exceed 36" in total sign height with the width not to City of Fridley requirements on the lease line allotment as established by RIVERBOAT CENTER MANAGEMENT. 3. Tenant Signage shall consist of store identity only and copy shall be limited to the Tenant's name and/ or major product and / or service offered. Corporate logos, emblems, shields, and similar identification items shall be allowed provided they are contained within the allotted area and conform to the applicable height, width and material standards as established herein and which are approve by the RIVERBOAT CENTER MANAGEMENT. 4. Maximum letter and logo height on the signage area shall be 18". Tenant signage must not be closer than 24" from lease line on both right and left sides and must be placed on the lower half of the mansard roof, consistent with the other signs on the building. C. Sign Approval Process 1. Tenant shall submit two (2) sets of drawings and specification to the Owner for approval. The drawing shall clearly show the location, graphics, color, construction and attachment details of proposed signage. 2. RIVERBOAT CENTER MANAGEMENT shall return one (1) set of drawings and specs to the Tenant marked "Approved", "Approved based on Owner's modifications" or "Disapproved". Drawings returned "Approved based on Owner's modifications" are to be returned to the owner with Tenant approval of the modifications or new drawings within seven (7) days of receipt by the Tenant. Drawings returned "Disapproved" are to be redesigned and resubmitted for approval within seven (7) days of receipt by the Tenant. After receiving RIVERBOAT CENTER MANAGEMENT approval, the Tenant shall obtain approval and permit from the city prior to installation of signage Prohibited Signs 1. Signs with exposed ballast boxes, transformers or power supplies. 2. Moving or rotating signs. 3. Signs with moving or flashing lights. 4. Signs, letters, symbols or identification of any nature painted directly on exterior surface of the premises. Cloth, wood, paper or cardboard signs, stickers, decals, or painted signs on or around the exterior surfaces (doors and/ or windows) of this premises, without the expressed approval of the RIVERBOAT CENTER MANAGEMENT. 6. Free-standing signs other than the pylon for identification. 7. Rooftop signs. 8. Signs with noise-making devices and /or components. 9. Signs exhibiting the name, stamp, or decal of the manufacturer or installer. 10. No signs not approved by the RIVERBOAT CENTER MANAGEMENT. � � �ff1' 4F F�io�er DATE: TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 October 22, 2009 William W. Burns Julianne Beberg, Planning Assistant Proposed 2010, 60 Day Agency Action Dates for Planning and Appeals Commission meeting Dates Enclosed are the following dates for your review and approval of the proposed 2010, 60 Day Agency Action Dates for the Planning and Appeals Commission meeting dates. ,, � � �.- n ��,; xx � a�������� �:�:� ��w..� �, . Planning City of Fridley 2010 Development Review Schedule for Planning Commission and City Council Action City Council meeting dates are contingent upon the outcome of the Planning Commission meetings. Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m. *Different date due to Holiday ** Date subject to change Application Deadline Publication Deadline City Council Meeting Application Deadline Publication Deadline City Council Meeting Application Deadline Publication Deadline City Council Meeting lication Deadline Publication Deadline Council M December 18, 2009 December 30, 2009 * aanuary 2{?, 2010 February 8, 2010 January 15, 2010 January 28, 2010 Febru�ry 17r �01� March 8, 2010 February 12, 2010 February 25, 2010 March'17, 2{?10 ' March 29, 2010 March 19, 2010 April 1, 2010 Apri I 21, 2U10 May 10, 2010 City of Fridley 2010 Development Review Schedule for Planning Commission and City Council Action -Page 2 City Council meeting dates are contingent upon the outcome of the Planning Commission meetings. Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m. *Different date due to Holiday ** Date subject to change Application Deadline April 16, 2010 15 Day Completiorr Notific�tian April 30, 2U10 Publication Deadline April 29, 2010 Planning CQmmission Me�ting ' IUlay �9, 2��U' City Council Meeting June 14, 2010 Application Deadline May 14, 2010 15 Day Completion Notification M�y 28� 201U Publication Deadline May 27, 2010 Plar�ning Cc�mmission Meeting ����� �une 1�, 2{?l� Citv Council Meetin� June 28. 2010 Application Deadline 15 Day Completiorr N Publication Deadline Pl�nning Commissior Citv Council Meetin� Application Deadline 15 Day Completiorr N Publication Deadline Pl�nning Commissior Citv Council Meetin� June 18. 2010 July 1, 2010 July 21, 2014 ' Au�ust 9. 2010 Julv 16. 2010 July 29, 2010 August 18, 2�1U September 13. 2010 Application Deadline August 13, 2010 15 Day Completiorr Notific�tian Augwst 27, 2�1U Publication Deadline August 26, 2010 Pl�r�ning Commission Meeting ����� �eptember 15, 2{?10����� Citv Council Meetin� October 11. 2010 City of Fridley 2010 Development Review Schedule for Planning Commission and City Council Action — Page 3 City Council meeting dates are contingent upon the outcome of the Planning Commission meetings. Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m. *Different date due to Holiday ** Date subject to change lication Deadline Publication Deadline Council Meetin lication Deadline Publication Deadline City Council Meeting lication Deadline Publication Deadline 17. 2010 September 30, 2010 November 8. 2010 October 15. 2010 October 28, 2010 December 6, 2010 November 12. 2010 November 24, 2010 * City Council Meeting January 3, or January 10, 2011 ** ,, � � �.- n ��,; xx � a�������� �:�:� ��w..� �, . Appeals City of Fridley 2010 Development Review Schedule for Appeals Commission and City Council Action City Council meeting dates are contingent upon the outcome of the Appeals Commission meetings. Appeals Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m. *Different date due to Holiday ** Date subject to change Application Deadline Appeals Commission Meeting 60 Day Agency Action Application Deadline Appeals Commission Meeting 60 Day Agency Action lication Deadline December 4, 2009 January 6, 2010 February 1, 2010 December 30, 2009 * February 3, 2010 February 27, 2010 January 29, 2010 Appeals Commission Meeting March 3, 2010 City C�uncil Meeting March'29, 2U10 60 Day Agency Action March 29, 2010 lication Deadline Is Commission Meetin March 5, 2010 I 7, 2010 60 Day Agency Action May 3, 2010 lication Deadline I 2, 2010 Appeals Commission Meeting May 5, 2010 City C�uncil Meeting May �4, 2��U' 60 Day Agency Action May 31, 2010 City of Fridley 2010 Development Review Schedule for Appeals Commission and City Council Action -Page 2 City Council meeting dates are contingent upon the outcome of the Appeals Commission meetings. Appeals Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m. *Different date due to Holiday ** Date subject to change lication Deadline 30, 2010 Appeals Commission Meeting June 2, 2010 City Ct�uncil Me�ting lune 14, 2U10' 60 Day Agency Action June 28, 2010 lication Deadline June 4. 2010 Is Commission Meetin� Julv 7. 2010 60 Day Agency Action August 2, 2010 lication Deadline Julv 2. 2010 Appeals Commission Meeting August 4, 2010 City Council Meeting August 23, 2�1U 60 Day Agency Action August 30, 2010 lication Deadline Julv 30. 2010 Is Commission Meeti 2010 60 Day Agency Action September 27, 2010 lication Deadline 2010 Appeals Commission Meeting October 6, 2010 City Council Meeting October 25, 2U10 60 Day Agency Action November 1, 2010 City of Fridley 2010 Development Review Schedule for Appeals Commission and City Council Action — Page 3 City Council meeting dates are contingent upon the outcome of the Appeals Commission meetings. Appeals Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m. *Different date due to Holiday ** Date subject to change lication Deadline October 1. 2010 Appeals Commission Meeting November 3, 2010 City Counc�l Meeting November 15, 2010 ����� 60 Day Agency Action November 29, 2010 lication Deadline October 29. 2010 Appeals Commission Meeting December 1, 2010 60 Day Agency Action December 27, 2010 � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF October 26, 2009 William W. Burns, City Manager Donovan W. Abbott, Public Safety Director October 22, 2009 2009-2010 School Resource Officer Contract This memo is written in support of the City's acceptance of the School Resource Officer Contract with Independent School District #14 for the 2009 - 2010 school term. The most significant change is that only one School Resource Officer (SRO) will be funded. The School District will pay to the City an amount equal to one half of the salary and benefits for one SRO to be assigned to work in and with Fridley public schools for the nine months of the year that school is in session. The total to be funded by the School District will be $33,240. The funding specified in the previous contract covering the 2008 — 2009 school term was $68,023 for two SROs. In consideration of the funding amount, the City of Fridley will commit to provide one SRO to Independent School District #14. The Public Safety Director will maintain control over the schedule, assignment and duties of the SRO. It is expected that the one SRO will split their time between the Fridley High School and the Fridley Middle School. The term of the contract is from September until June and is renewable annually. The City of Fridley or the School District may exercise a 30-day cancellation clause at any time. The 2009 - 2010 School Resource Officer contract is attached and has been signed by Public Safety Director pon Abbott and School Superintendent Dr. Peggy Flathmann. Staff recommends approval of the 2009 - 2010 School Resource Officer Contract. SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT BETWEEN THE CITY OF FRIDLEY AND INDEPENDENT SCHOOL DISTRICT #14 This agreement is made the day of , 2009, pursuant to M.S. 471.59 by and between the City of Fridley (City) and Independent School District #14 (School District). 1. PURPOSE The City and the School District wish to participate in a School Resource Officer Program. Both the City and the School District agree that a more formalized approach to the School Resource Officer Program is needed to improve understanding and promote mutual respect between police, school, staff, counselors, parents and students. The purpose of this Agreement is to set forth in writing the terms and conditions of the mutual duties and obligations and to create, fund and implement the position of School Resource Officer (SRO). 2. FUNDING The School District will fund the following expenses in connection with the SRO: The School District will fund one-half of the salary and benefits for one SRO totaling $33,240 for the 2009-10 school term. This amount shall be based on the assigned officer's salary and benefits for the 4 months in 2009 (September-December) and 5 months in 2010 (January-May). The School District officials and the City of Fridley Public Safety Director shall determine the specific days/hours to be worked under this agreement. 3. SERVICES This City shall provide the services of one licensed police officer and related support services and supplies to assist the School District in establishing a School Resource Officers Program. The officer will have primary responsibility in serving as a resource person to faculty, classroom members and school administrators in the promoting of positive juvenile behavior. The School District agrees to provide 1 adequate office space, telephone and other reasonable clerical support services. Basic assignments will be to the High School and Middle School with occasional support at other facilities as needed. 4. PAYMENT The City shall provide billing to the School District for services provided in this Agreement, and the School District will remit payment to the City on a quarterly basis. 5. TERM This Agreement shall commence on the 8t" day of September, 2009, and shall end on the last day of the 2009-10 school term. Thereafter, it shall be renewed on a yearly basis by mutual agreement. Either party may cancel this Agreement with a 30 day written notice. 6. GENERAL PROVISIONS It is expressly agreed that the School Resource Officer is a City employee and shall not be considered an employee of the School District for any purpose including but not limited to salaries, wages, other compensations or fringe benefits, Worker's Compensation, Unemployment Compensation, P.E.R.A., Social Security, Liability Insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The City shall assume all liability for the actions taken by the SRO in the performance of his/her duties as a Peace Officer. The SRO will report to and be directed by the City of Fridley Public Safety Director or his designee, but will receive general and daily direction from the assigned school building administrator. Representatives of the School District and the Public Safety Director or his designee shall negotiate resolution of unforeseen problems arising in this program. 7. SCHEDULING The duty hours of the SRO are flexible and will be primarily coordinated with the school day and activities. The SRO will make daily contact with the Police Department for the purpose of keeping abreast of incident reports and other City activity. The SRO may be required to conduct juvenile investigations. During non-school periods, the City will determine the SRO duties and schedule. 8. DISCRIMINATION 2 The City and the School District agree not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age or religion. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THIS THE DAY OF , 2009. City of Fridley Scott. J. Lund, Mayor Donovan W. Abbott, Public Safety Director Independent School District # 14 Dr. Peggy Flathmann, Superintendent 3 � AGENDA ITEM � COUNCIL MEETING OF OCTOBER 26, 2009 � �F CLAI MS FRIDLEY CLAIMS 143684 - 143833 � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 26, 2009 ��F LICENSES FRIDLEY TYPE (�F LICENSE: APPLICANT: ' ' APPROVED BY: TREE REMOVAL AND FRAN'S TREE SERVICE PUBLIC WORKS TREATMENT PUBLICE SAFETY RECYCLING & SOLID TENNIS ROLL OFF, LLC PUBLIC WORKS WILLIAM J. TENNIS RECYCLING � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 26, 2009 ��F LICENSES FRIDLEY Contractor T e A licant A roved B De endable Indoor Air Qualit Heatin Thomas Chouinard Ron Julkowski, CBO Four Seasons Air S ec Inc Heatin Howard Anderson Ron Julkowski, CBO Global Mechanical LLC Heatin Mike Rin Ron Julkowski, CBO GW Cook Construction Roofin Robert Luedtke Ron Julkowski, CBO Master Gas Fitters Gas Dan Perzichilli Ron Julkowski, CBO Riccar Heatin Heatin LeeAnne R bachek Ron Julkowski, CBO River Ci Sheet Metal Gas Chris Ra Ron Julkowski, CBO Thermex Co oration Heatin Curt Brekke Ron Julkowski, CBO Westair Inc Heatin Jose h L nch Ron Julkowski, CBO Restoration Professionals Commercial or S ecialt Edward Strom Ron Julkowski, CBO � � �ffY �F FRIDLEY T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE 2009 NUISANCE ABATEMENTS. DATE: October 22, 2009 Attached is the Public Hearing Notice for the assessment for the 2009 Nuisance Abatements. The Public Hearing Notice was published in the Focus newspaper on October 8, 2009 as required by State Statute. RDP/gt Attachment CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 26, 2009 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2009 STREET IMPROVEMENT PROJECT Project #2009-1 2009 NUISANCE ABATEMENT Assess 10 years @ 6.5% Interest $ 495,123.13 2009 Street Improvement Assess 1 year @ 6.5% Interest $ 47,548.86 The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written obj ection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any obj ection to the amount of a proposed individual assessment at an adj ourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. /s/ Scott J. Lund, Mayor Publish: October 8, 2009 � � �ffY �F FRIDLEY T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR STREET PROJECT NO. ST 2009-01. DATE: October 22, 2009 Attached is the Public Hearing Notice for the assessment for Street Proj ect No. ST 2009-01. The Public Hearing Notice was published in the Focus newspaper on October 8, 2009 as required by State Statute. RDP/gt Attachment CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 26, 2009 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2009 STREET IMPROVEMENT PROJECT Project #2009-1 2009 NUISANCE ABATEMENT Assess 10 years @ 6.5% Interest $ 495,123.13 2009 Street Improvement Assess 1 year @ 6.5% Interest $ 47,548.86 The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written obj ection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any obj ection to the amount of a proposed individual assessment at an adj ourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. /s/ Scott J. Lund, Mayor Publish: October 8, 2009 � � �ffY �F FRIDLEY T0: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2009 NUISANCE ABATEMENT October 22, 2009 Attached you will find the final assessment roll for the 2009 Nuisance Abatement along with the Resolution to adopt the assessment. The assessment includes 49 properties at a cost of $47,548.83. The assessment will be certified for 1 year at an interest rate of 6.5%. RDP/gt Attachment RESOLUTION NO. 2009- RESOLUTION ADOPTING ASSESSMENT ROLL FOR 2009 NUISANCE ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2009 Nuisance Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2010, and shall bear interest at the rate of 6'/z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2010. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF OCTOBER, 2009. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK ASSESSMENT ROLL FOR 2009 NUISANCE ASATEMENT Name PIN No. Actual Assessment Leslie Plummer 3-30-24-23-0154 $ 309.38 663 Hugo Ave NE Fridley, MN 55432 Jose A. & Sanjuana Gonzalez 3-30-24-24-0044 $ 964.01 8160 Ruth Circle Fridley, MN 55432 Jody Jakubik 3-30-24-24-0049 $ 643.75 8145 Ruth St. Fridley, MN 55432 Hersch Sulieman 3-30-24-24-0153 $ 1,849.80 RE: 8100 East River Road 11105 Dupont Court Elko, MN 55020 Kathleen Rohe 3-30-24-42-0079 $ 453.61 RE: 248 Liberty St 2015 Dominion Shakopee, MN 55379 Option One Mortgage RE: 220 3-30-24-42-0090 $ 220.51 Ely Street 6501 Irvine Court Irvine, CA 92618 Richard J Campbell Sr 10-30-24-12-0043 $ 5,07020 115 Craig Way Fridley, MN 55432 Muliaiiiiiied Moon 10-30-24-41-0013 $ 2,015.55 7235 East River Road Fridley, MN 55432 Anthony Chester 11-30-24-14-0015 $ 234.38 RE: 7351 Jackson St 1300 Skywood Ct NE Fridley, MN 55432 Countrywide Homes 11-30-24-21-0038 $ 173.64 RE: 7553 University Ave NE 7105 Corporate Dr PTX-c-35 Plano, TX 75024 ASSESSMENT ROLL FOR 2009 NUISANCE ASATEMENT Steven Spanbauer 11-30-24-24-0022 $ 373.60 7400 Tempo Ter Fridley, MN 55432 Brian Manning 11-30-24-24-0096 $ 3,521.88 RE: 7385 University Ave NE 6985 137th Ave NW Ramsey, MN 55303 Anthony Kollie 12-30-24-13-0076 $ 665.00 1310-75th Avenue Fridley, MN 55432 Nakiea Ware 12-30-24-14-0016 $ 384.38 7470 Lakeside Road Fridley, MN 55432 Kheu Yang 12-30-24-14-0071 $ 826.79 1533 73 1/2 Ave Fridley, MN 55432 Countrywide Homes 13-30-24-22-0021 $ 528.13 RE: 6830 Brookview Dr 7105 Corporate Dr PTX-c-35 Plano, TX 75024 Town Center Dev RE: 6490 13-30-24-31-0079 $ 2,979.33 Central Ave 13750 Reimer Dr Maple Grove, MN 55311 Town Center Dev RE: 1282 13-30-24-31-0080 $ 381.70 Mississippi 13750 Reimer Dr Maple Grove, MN 55311 Sarah Shackleton 13-30-24-32-0001 $ 173.63 6489 Taylor St Fridley, MN 55432 Daniel Leverenz 13-30-24-42-0019 $ 173.63 1340 Mississippi St Fridley, MN 55432 Countrywide Home RE: 6710 14-30-24-14-0102 $ 384.38 Kennaston Dr 7105 Corporate Dr PTX-c-35 Plano, TX 75024 ASSESSMENT ROLL FOR 2009 NUISANCE ASATEMENT Paul Swanson 14-30-24-44-0034 $ 1,662.95 831 West Moore Lake Dr. NE Fridley, MN 55432 Josh Welter & Shelli Johnson 15-30-24-13-0013 $ 368.75 77 Rice Creek Way Fridley, MN 55432 Fremont Investment 15-30-24-13-0039 $ 173.64 RE: 95 Mississippi Way 3110 Guasti Rd #500 Fridley, MN 55432 Linda Bethke 15-30-24-41-0071 $ 356.81 6305 E. River Rd. Fridley, MN 55432 Adell Langenfeld 15-30-24-41-0086 $ 825.00 79 - 63 1/2 Way Fridley, MN 55432 Bruce Westman 15-30-24-42-0067 $ 267.39 RE: 100-110 Mississippi Place NE 17758 Palm Street Andover, MN 55304 Thuy Bui 15-30-24-42-0081 $ 220.50 RE: 6496 Riverview Terrace NE 6230 Starlite Blvd. NE Fridley MN 55432 Section of Housing & Urban Dev. 15-30-24-44-0006 $ 460.13 RE: 6255 East River Road NE 501 Marquette Ave, Ste 1200 Minneapolis, MN 55402 Benjamin Rettke 15-30-24-44-0016 $ 253.50 80 - 62 1/2 Way Fridley, MN 55432 Noah & D. Brown Brisky 15-30-24-44-0030 $ 300.38 6103 East River Road Fridley, MN 55432 Michael E. Corbett & Kari Owens 23-30-24-13-0007 $ 37126 5797 Washington St. Fridley, MN 55432 ASSESSMENT ROLL FOR 2009 NUISANCE ASATEMENT Rebecca Nyafli 23-30-24-14-0084 $ 1,000.43 RE: 690 Helene Place 286 Little John Dr Circle Pines, MN 55014 Justin Thompson 23-30-24-22-0148 $ 902.01 RE: 6015 Main Street NE 14639 Cord Street NE Ham Lake, MN 55304 Quang Le Ha 23-30-24-22-0156 $ 150.19 5921-3rd Street NE Fridley, MN 55432 FlagstarBank 23-30-24-23-0066 $ 1,12229 RE: 5821 2 1/2 St NE 5151 Corporate Dr. Troy, MI 48098-2639 Banco Popular 23-30-24-23-0079 $ 173.64 RE: 5828 2 1/2 Street 9600 W Bryn Mawr #3 Rosemount, IL 60018 Todd Arndt 23-30-24-23-0117 $ 300.75 232-58th Avenue Fridley MN 55432 Chas Lindberg 23-30-24-23-0152 $ 2,127.40 RE: 5825 2 1/2 Street 2349 Laport Drive Mounds View MN 55112 Barbara Walters 23-30-24-24-0006 $ 3,909.75 5917 Sth Street NE Fridley, MN 55432 Nicholas & Jill Anderson 23-30-24-24-0066 $ 1,39220 5830 7th Street NE Fridley MN 55432 Richard Breneman 23-30-24-34-0057 $ 312.50 5357-4th Street Fridley, MN 55432 Chong Pal Kim 24-30-24-11-0103 $ 826.79 6035 Benjamin Fridley, MN 55432 ASSESSMENT ROLL FOR 2009 NUISANCE ASATEMENT Tashi Topgyal RE: 6059 24-30-24-21-0009 $ 604.89 Central PO Box 48831 Coon Rapids MN 55448 Norris Lee Johnson 24-30-24-43-0041 $ 1,171.88 RE: 1411 W Danube R 8650 Davenport St. NE, Apt. 202 Blaine MN 55449 Richard Krueger 26-30-24-23-0043 $ 225.00 173 Pilot Ave Ne Fridley, MN 55432 Carol Bazevage 26-30-24-32-0062 $ 3,886.45 4740 2nd Street NE Fridley, MN 55421 Bruce Setterholm 26-30-24-33-0105 $ 1,514.06 4538 2 1/2 Street NE Fridley, MN 55432 Patricia Rinehart 34-30-24-41-0004 $ 341.01 4042 Main St Fridley, MN 55421 � � �ffY �F FRIDLEY T0: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2009 STREET IMPROVEMENT PROJECT NO. ST. 2009-1 DATE: October 22, 2009 Attached you will find the final assessment roll for the 2009 Street Improvement Proj ect No. St. 2009-1 along with the Resolution to adopt the assessment. This proj ect included 244 properties. The assessment will be for 10 years at a rate of 6.5%. RDP/gt Attachment RESOLUTION NO. 2009- RESOLUTION ADOPTING ASSESSMENT FOR THE 2009 STREET IMPROVEMENT PROJECT NO. 2009-1 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2009 Street Improvement Proj ect No. 2009-1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2010, and shall bear interest at the rate of 6'/z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2010. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26tn DAY OF OCTOBER, 2009. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. 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BURNS, CITY MANAGER FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR ALAN D. FOLIE, ASSISTANT FINANCE DIRECTOR SANDRA K. HARA, UTILITY BILLING CLERK SUBJECT: DATE: CERTIFICATION OF DELINQUENT UTILITY SERVICES October 22, 2009 Attached is a resolution for the purpose of certifying delinquent utility accounts to the County for collection with property taxes in the year 2010. All property owners have been notified that the utility bills are being certified to the County and have been given adequate opportunity to pay their bill. The penalty shown on this resolution is in addition to the regular penalties that accrue on the utility bills. The number and dollar value of accounts varies each year. We cannot be sure of the final count or dollar value until mid-November since property owners have until that time to pay without penalty. For your information, the chart below shows the certification history at this point in the process for this year and the past two years. $450,000 , , ,.. $400 000 $350 000 $300 000 � $250 000 �{� $200 000 4 $150 000 $100 000 $50 000 $ 2007 O$ Amt. of Accts. Certified $266,467 �# of Accts. Certified 461 RDP/me Attachment Certification History 2007-09 2008 $315,797 502 2009 $383,285 502 510 500 490 # � 480 � � 470 � 460 450 440 RESOLUTION NO. 2009 A RESOLUTION CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY FOR COLLECTION WITH THE 2010 PROPERTY TAXES WHEREAS, certain utility services for the City of Fridley are delinquent in payment, and WHEREAS, Chapter 402, Water and Sewer Administration, Chapter 113, Solid Waste Disposal and Recycling Collection, Chapter 216, Storm Water Drainage Utility, and Section 1.02 of the City Charter provides for the certifying of delinquent charges to the County for collection with the property taxes, and NOW, THEREFORE BE IT RESOLVED, that the City Clerk is hereby authorized and directed to certify the following charges to the County for collection with the property taxes payable in the year 2010, to wit: All these noted in Exhibit "A" attached hereto and made a part hereof by reference. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26tn DAY OF OCTOBER, 2009. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 2009 DELINQUENT UTILITY CERTIFICATION LIST - EXHIBIT A CITY OF FRIDLEY DELINQUENT UTILITY SERVICES - 2009 PIN ACCT # LOCATION # ACTIVE ACCOUNTS: 26 30 26 30 23 30 23 30 23 30 23 30 23 30 26 30 26 30 26 30 26 30 23 30 23 30 23 30 26 30 26 30 26 30 26 30 26 30 26 30 26 30 26 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 11 30 11 30 11 30 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 32 0066 32 0062 23 0087 22 0070 22 0043 22 0055 22 0046 33 0036 32 0104 32 0079 32 0031 23 0066 23 0152 22 0030 33 0018 33 0014 32 0007 23 0068 23 0064 23 0106 23 0080 23 0080 22 0102 22 0101 22 0009 22 0014 22 0014 22 0014 34 0034 34 0053 34 0031 34 0020 31 0055 31 0113 31 0055 31 0113 31 0055 31 0113 31 0055 31 0052 31 0111 31 0111 24 0170 24 0035 24 0110 21 0084 21 0083 21 0130 21 0019 21 0048 21 0026 425 505 134585 137865 112105 141865 134635 1705 1715 1875 96725 2095 116385 2705 140435 133905 150715 3185 113955 117795 82445 88915 120545 89265 155125 155135 155145 142225 15155 15175 102695 97095 153035 103585 153005 126825 153045 126825 15455 153015 153025 131205 15605 137575 112195 96795 119335 94535 155055 58075 443800 443880 444160 444360 444430 444460 444910 445070 445080 445240 445430 445440 445750 446050 446080 446300 446450 446520 446580 446590 446600 447120 447130 447150 447250 447260 447270 458350 458390 458410 458520 458600 458610 458620 547680 458630 547690 458640 458680 547100 547260 548030 458830 458940 459000 459020 459160 500650 500700 500790 ADDRESS 4706 2 ST 4740 2 ST 5835 2 ST 5980 2 ST 6001 2 ST 6018 2 ST 6031 2 ST 4632 2 1/2 ST 4733 2 1/2 ST 4744 2 1/2 ST 4856 2 1/2 ST 5821 2 1/2 ST 5825 2 1/2 ST 6035 2 1/2 ST 4642 3 ST 4663 3 ST 4827 3 ST 4928 3 ST 4976 3 ST 5044 3 ST 5045 3 ST 5045 3 ST 5974 3 ST 5980 3 ST 6007 3 ST 6051 3 ST 6053 3 ST 6055 3 ST 5310 4 ST 5323 4 ST 5330 4 ST 5423 4 ST 5600 4 ST 5601 4 ST 5602 4 ST 5603 4 ST 5604 4 ST 5605 4 ST 5606 4 ST 5614 4 ST 5622 4 ST 5624 4 ST 5706 4 ST 5831 4 ST 5908 4 ST 5932 4 ST 5942 4 ST 5981 4 ST 7501 4 ST 7518 4 ST 7557 4 ST BALANCE PENALTY 336.11 892.24 1,308.71 1,886.74 2,057.60 902.75 1,124.00 193.56 644.13 759.83 376.62 282.59 918.98 170.39 609.37 680.87 1,018.12 87.77 822.64 465.46 274.78 433.34 994.60 1,221.66 999.07 1,480.14 1,030.65 1,274.71 422.83 293.12 265.36 136.75 544.26 259.86 1,119.08 388.48 383.37 576.79 1,145.93 537.58 1,083.32 628.53 652.49 337.72 810.02 1,361.65 757.73 363.54 369.61 201.46 1,049.67 33.61 89.22 130.87 188.67 514.40 90.28 112.40 19.36 64.41 75.98 37.66 28.26 91.90 17.04 60.94 68.09 101.81 8.78 82.26 46.55 27.48 43.33 99.46 122.17 99.91 148.01 103.07 127.47 42.28 29.31 26.54 13.68 54.43 25.99 111.91 38.85 38.34 57.68 114.59 53.76 108.33 62.85 65.25 33.77 81.00 136.17 75.77 36.35 36.96 20.15 104.97 TOTAL 369.72 981.46 1,439.58 2,075.41 2,572.00 993.03 1,236.40 212.92 708.54 835.81 414.28 310.85 1,010.88 187.43 670.31 748.96 1,119.93 96.55 904.90 512.01 302.26 476.67 1,094.06 1,343.83 1,098.98 1,628.15 1,133.72 1,402.18 465.11 322.43 291.90 150.43 598.69 285.85 1,230.99 427.33 421.71 634.47 1,260.52 591.34 1,191.65 691.38 717.74 371.49 891.02 1,497.82 833.50 399.89 406.57 221.61 1,154.64 23 30 23 30 23 30 23 30 23 30 23 30 14 30 14 30 14 30 14 30 23 30 23 30 23 30 23 30 23 30 23 30 14 30 14 30 14 30 25 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 24 30 13 30 13 30 15 30 15 30 15 30 15 30 15 30 14 30 14 30 14 30 15 30 15 30 15 30 15 30 13 30 15 30 14 30 14 30 13 30 15 30 14 30 14 30 12 30 12 30 12 30 11 30 PIN 24 34 0103 24 31 0119 24 31 0022 24 24 0006 24 21 0062 24 21 0066 24 34 0071 24 34 0082 24 34 0017 24 34 0016 24 31 0015 24 24 0047 24 24 0060 24 21 0057 24 21 0034 24 24 0066 24 24 0095 24 24 0093 24 12 0087 24 21 0032 24 43 0102 24 43 0083 24 43 0071 24 42 0026 24 23 0004 24 14 0067 24 14 0052 24 14 0054 24 14 0056 24 14 0057 24 14 0023 24 11 0066 24 44 0049 24 44 0051 24 44 0094 24 43 0093 24 43 0042 24 44 0011 24 44 0012 24 31 0027 24 31 0024 24 42 0114 24 43 0017 24 43 0023 24 42 0033 24 42 0043 24 42 0059 24 41 0088 24 24 0021 24 14 0065 24 13 0109 24 14 0029 24 11 0029 24 11 0030 24 13 0035 24 14 0078 24 14 0071 24 24 0076 ACCT # 148035 151255 148045 16825 123075 91065 104105 106185 124515 94215 149755 103835 129055 140625 100115 152285 150875 120875 20145 153725 140125 148795 124525 125345 161675 22135 104835 93275 150895 144125 130615 123085 127955 97685 153305 4885 4945 119285 146215 130025 118645 144145 126495 5265 130225 151825 120725 5575 120735 136595 110145 5805 25105 25115 141345 109425 145795 144725 LOCATION # 459440 548950 459670 460040 460120 460210 460390 460510 460550 460570 461070 461150 461330 461380 461590 462390 463060 463080 463290 464120 463720 463810 464350 464640 447750 465230 465260 465290 465320 465340 465470 465520 465700 465720 547780 448190 448250 448300 448310 465780 547430 465950 448450 448570 448770 448780 466460 448880 466580 466990 467180 449110 468180 468190 502520 502190 502220 502750 ADDRESS 5315 5 ST 5543 5 ST 5601 5 ST 5917 5 ST 5949 5 ST 5981 5 ST 6111 5 ST 6221 5 ST 6244 5 ST 6252 5 ST 5628 6 ST 5800 6 ST 5909 6 ST 5932 6 ST 6040 6 ST 5830 7 ST 6716 7 ST 6736 7 ST 6854 7 ST 1326 53 AVE 524 53 1/2 AVE 557 53 1/2 AVE 548 54 AVE 590 57 AVE 215 57 PL 700 58 AVE 711 58 AVE 731 58 AVE 751 58 AVE 761 58 AVE 705 59 AVE 1541 60 AVE 1601 61 AVE 1621 61 AVE 23 62 WAY 140 62 WAY 180 62 WAY 20 62 1 /2 WAY 30 62 1 /2 WAY 415 63 AVE 459 63 AVE 608 63 AVE 110 63 WAY 182 63 WAY 135 63 1 /2 WAY 146 63 1 /2 WAY 1490 64 AVE 20 64 WAY 363 66 AVE 851 66 AVE 1376 66 AVE 17 66 WAY 751 68 AVE 801 68 AVE 1461 73 AVE 1520 73 1/2 AVE 1533 73 1/2 AVE 380 74 AVE BALANCE 270.67 144.87 612.30 573.29 431.31 716.08 618.69 355.81 1,390.31 1,194.56 272.20 1,128.52 70.95 348.71 904.59 570.34 587.74 237.84 230.28 539.82 461.19 353.65 121.12 492.87 172.79 390.15 298.33 1,123.10 128.37 289.16 528.57 568.29 920.35 270.16 527.46 1,121.78 415.14 400.00 637.15 1,526.13 534.98 576.21 682.46 770.44 769.74 200.00 779.20 423.19 756.99 370.39 426.34 416.24 381.12 158.97 7,767.89 174.05 524.03 520.41 PENALTY 27.07 14.49 61.23 57.33 43.13 71.61 61.87 35.58 139.03 119.46 27.22 112.85 7.10 34.87 90.46 57.03 58.77 23.78 23.03 53.98 46.12 35.37 12.11 49.29 17.28 39.02 29.83 112.31 12.84 28.92 52.86 56.83 92.04 27.02 52.75 112.18 41.51 40.00 63.72 152.61 53.50 57.62 68.25 77.04 76.97 20.00 77.92 42.32 75.70 37.04 42.63 41.62 38.11 15.90 776.79 17.41 52.40 52.04 TOTAL 297.74 159.36 673.53 630.62 474.44 787.69 680.56 391.39 1,529.34 1,314.02 299.42 1,241.37 78.05 383.58 995.05 627.37 646.51 261.62 253.31 593.80 507.31 389.02 133.23 542.16 190.07 429.17 328.16 1,235.41 141.21 318.08 581.43 625.12 1,012.39 297.18 580.21 1,233.96 456.65 440.00 700.87 1,678.74 588.48 633.83 750.71 847.48 846.71 220.00 857.12 465.51 832.69 407.43 468.97 457.86 419.23 174.87 8,544.68 191.46 576.43 572.45 11 30 12 30 12 30 12 30 12 30 12 30 12 30 12 30 12 30 03 30 03 30 03 30 03 30 13 30 13 30 14 30 12 30 12 30 12 30 12 30 12 30 12 30 12 30 12 30 12 30 12 30 10 30 15 30 10 30 10 30 23 30 23 30 23 30 13 30 13 30 13 30 12 30 15 30 15 30 10 30 13 30 13 30 13 30 13 30 03 30 04 30 13 30 13 30 13 30 13 30 14 30 24 30 24 30 24 30 24 30 24 30 24 30 13 30 PIN 24 24 0076 24 13 0076 24 12 0022 24 12 0033 24 11 0043 24 12 0098 24 12 0100 24 12 0102 24 12 0104 24 42 0015 24 42 0012 24 31 0027 24 31 0127 24 33 0023 24 32 0049 24 41 0060 24 23 0011 24 22 0024 24 22 0022 24 22 0021 24 22 0021 24 22 0020 24 22 0019 24 22 0019 24 22 0018 24 22 0018 24 42 0007 24 43 0013 24 12 0016 24 12 0079 24 33 0097 24 33 0103 24 32 0003 24 14 0130 24 14 0116 24 14 0068 24 12 0037 24 41 0020 24 14 0050 24 41 0029 24 32 0034 24 43 0018 24 44 0075 24 44 0022 24 32 0021 24 11 0005 24 23 0036 24 23 0039 24 22 0016 24 41 0028 24 44 0033 24 23 0024 24 21 0028 24 21 0032 24 21 0010 24 21 0009 24 12 0077 24 42 0046 ACCT # 144715 147065 118835 129615 158815 129625 60795 107985 60865 160485 120465 140185 102315 150935 92205 126065 143675 135645 143655 139285 134985 145085 145095 145105 145115 145125 56095 128665 160435 86485 6315 147725 120565 110165 96465 25945 56875 6475 154235 155045 156225 113575 161015 94845 57575 70505 149985 130885 120905 153455 109655 149905 161395 142435 100225 137605 91525 153445 LOCATION # 502760 502830 502850 503010 503200 503420 503450 503490 503520 503910 503930 504000 504090 468450 468590 468640 498510 498560 498620 498640 498650 498680 498690 498700 498720 498730 498830 450120 498900 498930 449620 449700 449730 468810 469010 469020 499610 449780 449910 499700 479060 469830 470500 470030 500290 546870 479100 479120 479250 471330 470810 471650 549270 471790 471830 471840 471900 472010 ADDRESS 382 74 AVE 1310 75 AVE 1319 75 AVE 1453 75 AVE 1661 75 AVE 1359 76 AVE 1375 76 AVE 1391 76 AVE 1409 76 AVE 161 79 WAY 195 79 WAY 351 79 WAY 479 79 WAY 6281 ABLE ST 6351 ABLE ST 6410 ABLE ST 7497 ABLE ST 7515 ABLE ST 7541 ABLE ST 7553 ABLE ST 7555 ABLE ST 7567 ABLE ST 7579 ABLE ST 7581 ABLE ST 7595 ABLE ST 7597 ABLE ST 125 ALDEN CIR 6260 ALDEN WAY 7515 ALDEN WAY 7524 ALDEN WAY 5417 ALTURA RD 5471 ALTURA RD 5489 ALTURA RD 6544 ANOKA ST 6680 ANOKA ST 6683 ANOKA ST 7676 ARTHUR ST 6425 ASHTON AVE 6701 ASHTON AVE 7129 ASHTON AVE 6444 BAKER AVE 6250 BEN MORE DR 6190 BENJAMIN ST 1613 BRIARDALE RD 8051 BROAD AVE 8320 BROAD AVE 6566 BROOKVIEW DR 6606 BROOKVIEW DR 6880 BROOKVIEW DR 1631 CAMELOT LN 6201 CAROL DR 5819 CENTRAL AVE 5927 CENTRAL AVE 6021 CENTRAL AVE 6057 CENTRAL AVE 6059 CENTRAL AVE 6075 CENTRAL AVE 6391 CENTRAL AVE BALANCE 443.84 638.22 508.81 415.04 315.46 1,145.95 1,100.80 683.31 776.31 257.08 1,070.16 1,063.80 1,076.24 550.64 379.13 115.33 236.24 584.41 160.90 473.06 178.70 483.66 207.12 358.12 728.52 314.91 372.83 543.92 704.17 412.66 2,082.17 590.53 406.25 609.84 1,990.00 1,049.71 563.58 342.20 460.97 504.40 383.75 1,045.98 143.46 955.94 311.37 194.68 465.72 303.31 1,241.06 956.74 637.97 264.40 129.52 378.11 466.31 611.60 931.12 168.07 PENALTY 44.38 63.82 50.88 41.50 31.55 114.60 110.08 68.33 77.63 25.71 107.02 106.38 107.62 55.06 37.91 11.53 23.62 58.44 16.09 47.31 17.87 48.37 20.71 35.81 72.85 31.49 37.28 54.39 70.42 41.27 208.22 59.05 40.63 60.98 199.00 104.97 56.36 34.22 46.10 50.44 38.38 104.60 14.35 95.59 31.14 19.47 46.57 30.33 124.11 95.67 63.80 26.44 12.95 37.81 46.63 61.16 93.11 16.81 TOTAL 488.22 702.04 559.69 456.54 347.01 1,260.55 1,210.88 751.64 853.94 282.79 1,177.18 1,170.18 1,183.86 605.70 417.04 126.86 259.86 642.85 176.99 520.37 196.57 532.03 227.83 393.93 801.37 346.40 410.11 598.31 774.59 453.93 2,290.39 649.58 446.88 670.82 2,189.00 1,154.68 619.94 376.42 507.07 554.84 422.13 1,150.58 157.81 1,051.53 342.51 214.15 512.29 333.64 1,365.17 1,052.41 701.77 290.84 142.47 415.92 512.94 672.76 1,024.23 184.88 13 30 13 30 13 30 12 30 13 30 13 30 13 30 13 30 23 30 24 30 24 30 24 30 24 30 03 30 14 30 26 30 26 30 14 30 14 30 11 30 10 30 13 30 13 30 03 30 03 30 24 30 24 30 24 30 24 30 24 30 24 30 24 30 15 30 15 30 15 30 10 30 10 30 10 30 03 30 03 30 03 30 03 30 03 30 03 30 12 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 25 30 03 30 03 30 03 30 PIN 24 42 0024 24 31 0079 24 21 0011 24 12 0077 24 24 0046 24 24 0077 24 24 0077 24 21 0003 24 43 0005 24 33 0024 24 33 0025 24 33 0026 24 33 0027 24 32 0110 24 32 0225 24 23 0092 24 23 0115 24 14 0048 24 33 0063 24 13 0018 24 12 0043 24 13 0056 24 41 0013 24 32 0092 24 32 0184 24 41 0089 24 41 0082 24 44 0229 24 44 0221 24 44 0200 24 44 0191 24 44 0192 24 44 0030 24 41 0071 24 13 0056 24 43 0011 24 41 0028 24 11 0013 24 43 0044 24 31 0086 24 24 0026 24 23 0238 24 22 0083 24 42 0147 24 13 0045 24 24 0033 24 24 0025 24 24 0022 24 23 0089 24 23 0091 24 23 0094 24 32 0011 24 23 0198 24 32 0086 24 21 0019 24 43 0014 24 43 0012 24 34 0004 ACCT # 28975 148825 138545 119215 129425 29295 29315 29595 29915 30095 30105 30115 30125 108275 144025 7055 7065 138645 7355 116675 143365 154555 138565 155575 147595 104885 144255 123205 135205 127105 30715 119445 142095 14555 149555 154845 157545 63825 144835 134175 90765 140195 111635 141445 160615 100795 140055 65295 65425 160495 140065 139705 65595 156605 124655 117735 162045 88915 LOCATION # 472030 472050 472270 529230 472290 472350 472370 472650 472970 473150 473160 473170 473180 504470 546250 450340 450350 479350 450640 504570 505210 473200 473390 505690 505730 474640 474670 473600 473640 473740 473750 473780 457710 457800 457900 506050 506150 506450 548710 506740 506800 506860 506930 507240 507780 507840 507860 507890 508020 508060 508120 508140 508180 508260 475310 508480 508520 508580 ADDRESS 6401 CENTRAL AVE 6490 CENTRAL AVE 6700 CENTRAL AVE 7639 CENTRAL AVE 6500 CHANNEL RD 6551 CHANNEL RD 6571 CHANNEL RD 6801 CHANNEL RD 536 CHERI CIR 1200 CHERI LN 1230 CHERI LN 1260 CHERI LN 1290 CHERI LN 627 CHERYL ST 174 CHRISTENSON CT 5017 CLEARVIEW ST 5024 CLEARVIEW ST 6588 CLOVER PL 6271 COMET LN 7321 CONCERTO CUR 115 CRAIG WAY 1320 CREEK PARK LN 1551 DANA CT 625 DOVER ST 670 DOVER ST 5567 EAST BAVARIAN PASS 5575 EAST BAVARIAN PASS 5437 EAST BRENNER PASS 5445 EAST BRENNER PASS 5467 EAST BRENNER PASS 5471 EAST BRENNER PASS 5475 EAST BRENNER PASS 6103 EAST RIVER RD 6305 EAST RIVER RD 6520 EAST RIVER RD 6921 EAST RIVER RD 7135 EAST RIVER RD 7513 EAST RIVER RD 7751 EAST RIVER RD 8000 EAST RIVER RD 8161 EAST RIVER RD 8200 EAST RIVER RD 8340 EAST RIVER RD 233 ELY ST 7335 EVERT CT 8087 FAIRMONT CIR 8102 FAIRMONT CIR 8110 FAIRMONT CIR 531 FAIRMONT ST 545 FAIRMONT ST 563 FAIRMONT ST 580 FAIRMONT ST 615 FAIRMONT ST 690 FAIRMONT ST 5261 FILLMORE ST 7851 FIRWOOD WAY 7865 FIRWOOD WAY 7883 FIRWOOD WAY BALANCE 192.33 612.95 942.16 621.84 395.09 3,835.43 3,615.16 287.66 303.92 2,006.53 1,785.46 2,305.98 2,585.42 374.70 497.89 969.87 365.73 374.32 927.75 1,463.73 467.93 722.20 458.95 217.54 220.00 422.59 322.61 297.05 367.42 394.95 233.24 220.45 829.56 334.05 7,794.44 436.12 555.80 829.86 3,417.28 564.05 626.18 405.90 381.11 572.78 1,528.20 449.33 276.41 340.08 337.79 241.77 183.15 1,120.54 552.86 834.80 705.76 1,649.13 372.71 940.21 PENALTY 19.23 61.30 94.22 62.18 39.51 383.54 361.52 28.77 30.39 200.65 178.55 230.60 258.54 37.47 49.79 96.99 36.57 37.43 92.78 146.37 46.79 72.22 45.90 21.75 22.00 42.26 32.26 29.71 36.74 39.50 23.32 22.05 82.96 33.41 779.44 43.61 55.58 82.99 341.73 56.41 62.62 40.59 38.11 57.28 152.82 44.93 27.64 34.01 33.78 24.18 18.32 112.05 55.29 83.48 70.58 164.91 37.27 94.02 TOTAL 211.56 674.25 1,036.38 684.02 434.60 4,218.97 3,976.68 316.43 334.31 2,207.18 1,964.01 2,536.58 2,843.96 412.17 547.68 1,066.86 402.30 411.75 1,020.53 1,610.10 514.72 794.42 504.85 239.29 242.00 464.85 354.87 326.76 404.16 434.45 256.56 242.50 912.52 367.46 8,573.88 479.73 611.38 912.85 3,759.01 620.46 688.80 446.49 419.22 630.06 1,681.02 494.26 304.05 374.09 371.57 265.95 201.47 1,232.59 608.15 918.28 776.34 1,814.04 409.98 1,034.23 13 30 13 30 13 30 24 30 24 30 24 30 24 30 03 30 03 30 24 30 24 30 24 30 12 30 23 30 23 30 10 30 10 30 15 30 03 30 13 30 24 30 23 30 26 30 26 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 14 30 11 30 11 30 11 30 11 30 11 30 03 30 03 30 03 30 23 30 23 30 14 30 14 30 14 30 14 30 14 30 13 30 PIN 24 14 0094 24 14 0060 24 14 0049 24 24 0101 24 12 0025 24 12 0012 24 14 0049 24 23 0104 24 23 0236 24 24 0083 24 24 0062 24 32 0051 24 13 0024 24 13 0077 24 14 0084 24 44 0030 24 44 0035 24 12 0019 24 13 0014 24 31 0073 24 12 0059 24 33 0026 24 22 0051 24 22 0059 24 13 0010 24 24 0090 24 24 0085 24 24 0108 24 24 0079 24 24 0078 24 23 0046 24 23 0227 24 23 0154 24 23 0188 24 23 0187 24 13 0005 24 24 0060 24 24 0001 24 24 0158 24 23 0166 24 23 0136 24 14 0022 24 14 0049 24 14 0008 24 11 0014 24 11 0028 24 11 0013 24 23 0240 24 23 0228 24 23 0120 24 13 0002 24 13 0086 24 42 0077 24 32 0013 24 11 0023 24 11 0017 24 14 0103 24 43 0025 ACCT # 153515 32615 32655 156185 119475 142505 145545 66275 105665 34025 34155 33715 143445 156415 140785 137665 67415 131755 137305 152075 154745 138025 133945 122975 129695 90625 68165 147275 68265 124295 108015 68535 97225 68675 124315 68745 95745 154155 115065 144875 69325 103295 134305 69615 146085 102525 140245 143475 70105 70185 144395 140805 152325 8965 143105 37695 101885 38105 LOCATION # 475590 475600 475640 475840 475950 476020 476120 508840 509030 477010 477140 477200 509460 477720 477820 510090 509950 509810 548440 478420 478210 451230 451350 452000 510600 510640 510700 510790 510800 510810 510940 511060 511170 511200 511220 511270 511400 511450 511500 511730 511850 479970 512010 512130 512300 512310 512320 512530 512610 512690 480070 480120 480190 452240 480530 480650 480760 481050 ADDRESS 6594 FRIDLEY ST 6600 FRIDLEY ST 6631 FRIDLEY ST 1207 GARDENA AVE 1337 GARDENA AVE 1465 GARDENA AVE 1564 GARDENA AVE 538 GLENCOE ST 620 GLENCOE ST 5882 HACKMANN AVE 5945 HACKMANN AVE 975 HATHAWAY LN 7300 HAYES ST 640 HELENE PL 690 HELENE PL 6969 HICKORY CIR 6933 HICKORY DR 6817 HICKORY ST 8170 HICKORY ST 6319 HIGHWAY 65 1353 HILLCREST DR 148 HORIZON CIR 5144 HORIZON DR 5109 HUGHES AVE 180 HUGO ST 308 HUGO ST 340 HUGO ST 389 HUGO ST 420 HUGO ST 440 HUGO ST 551 HUGO ST 617 HUGO ST 663 HUGO ST 670 HUGO ST 680 HUGO ST 265 IRONTON ST 350 IRONTON ST 381 IRONTON ST 420 IRONTON ST 600 IRONTON ST 671 IRONTON ST 6730 JACKSON ST 7360 JACKSON ST 7441 JACKSON ST 7599 JACKSON ST 7600 JACKSON ST 7601 JACKSON ST 554 JANESVILLE ST 585 JANESVILLE ST 641 JANESVILLE ST 5790 JEFFERSON ST 5824 JEFFERSON ST 6301 JEFFERSON ST 6270 JUPITER RD 700 KENNASTON DR 800 KENNASTON DR 6700 KENNASTON DR 6244 KERRY LN BALANCE 99.65 884.36 339.42 435.59 2,795.04 190.18 209.24 118.52 758.01 896.13 636.91 629.74 1,230.78 295.54 1,178.74 454.60 785.14 903.99 4,429.13 896.54 175.81 253.92 460.71 672.73 426.03 437.67 187.74 102.57 554.22 208.56 383.09 458.37 551.69 177.47 348.92 744.98 51.15 262.15 893.08 399.93 319.15 313.37 802.66 769.07 664.76 797.53 665.00 1,103.62 984.14 1,137.47 75.23 223.07 295.74 678.91 837.06 376.40 572.63 906.55 PENALTY 9.97 88.44 33.94 43.56 279.50 19.02 20.92 11.85 75.80 89.61 63.69 62.97 123.08 29.55 117.87 45.46 78.51 90.40 442.91 89.65 17.58 25.39 46.07 67.27 42.60 43.77 18.77 10.26 55.42 20.86 38.31 45.84 55.17 17.75 34.89 74.50 5.12 26.22 89.31 39.99 31.92 31.34 80.27 76.91 66.48 79.75 66.50 110.36 98.41 113.75 7.52 22.31 29.57 67.89 83.71 37.64 57.26 90.66 TOTAL 109.62 972.80 373.36 479.15 3,074.54 209.20 230.16 130.37 833.81 985.74 700.60 692.71 1,353.86 325.09 1,296.61 500.06 863.65 994.39 4,872.04 986.19 193.39 279.31 506.78 740.00 468.63 481.44 206.51 112.83 609.64 229.42 421.40 504.21 606.86 195.22 383.81 819.48 56.27 288.37 982.39 439.92 351.07 344.71 882.93 845.98 731.24 877.28 731.50 1,213.98 1,082.55 1,251.22 82.75 245.38 325.31 746.80 920.77 414.04 629.89 997.21 03 30 03 30 03 30 03 30 12 30 12 30 03 30 25 30 10 30 10 30 03 30 03 30 03 30 03 30 03 30 03 30 03 30 13 30 24 30 24 30 24 30 24 30 11 30 11 30 11 30 11 30 11 30 11 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 23 30 14 30 14 30 02 30 03 30 13 30 12 30 12 30 12 30 24 30 24 30 24 30 24 30 11 30 11 30 11 30 11 30 11 30 11 30 11 30 14 30 15 30 15 30 PIN 24 22 0086 24 22 0090 24 22 0131 24 23 0126 24 14 0016 24 11 0102 24 42 0085 24 21 0047 24 42 0032 24 42 0024 24 42 0030 24 42 0073 24 42 0007 24 42 0167 24 31 0048 24 31 0032 24 31 0131 24 24 0026 24 32 0038 24 31 0026 24 31 0025 24 31 0023 24 24 0059 24 24 0037 24 24 0040 24 12 0021 24 12 0019 24 12 0010 24 43 0033 24 13 0073 24 13 0070 24 23 0108 24 23 0103 24 22 0149 24 22 0148 24 22 0066 24 23 0099 24 23 0026 24 33 0029 24 44 0087 24 14 0041 24 14 0056 24 12 0090 24 12 0070 24 41 0065 24 41 0060 24 41 0058 24 41 0053 24 13 0105 24 12 0049 24 12 0052 24 13 0095 24 13 0087 24 14 0039 24 13 0090 24 32 0033 24 42 0067 24 42 0068 ACCT # 153095 91825 91835 133025 125905 70935 71195 142785 123565 71685 134935 94075 137445 71825 152725 152695 72055 93645 38825 38965 38985 101915 124355 141625 97325 149055 134945 125935 124725 39585 39615 9425 151855 145295 140535 113025 114205 9735 73015 162115 153895 137475 116865 81235 142865 124755 42375 42425 92125 139195 156725 103215 160555 95355 91865 9815 134735 134735 LOCATION # 512780 512870 512940 513000 513280 513430 513690 481410 514060 514180 514200 514320 514370 514390 514480 514490 514550 481690 481770 481910 481930 481970 514670 514720 514780 514950 514970 515060 482450 482530 482560 452700 452770 452890 452910 452940 452980 453010 515500 515510 482390 515240 515650 515660 485240 485290 485310 485360 516520 516590 516640 515960 516010 516050 516090 453090 548360 548370 ADDRESS 517 KIMBALL ST 567 KIMBALL ST 615 KIMBALL ST 656 KIMBALL ST 7470 LAKESIDE RD 7590 LAKESIDE RD 225 LIBERTY ST 5230 LINCOLN ST 130 LOGAN PKWY 323 LOGAN PKWY 134 LONGFELLOW ST 201 LONGFELLOW ST 240 LONGFELLOW ST 260 LONGFELLOW ST 305 LONGFELLOW ST 380 LONGFELLOW ST 410 LONGFELLOW ST 6645 LUCIA LN 1011 LYNDE DR 1100 LYNDE DR 1110 LYNDE DR 1130 LYNDE DR 7310 LYRIC LN 7331 LYRIC LN 7361 LYRIC LN 7501 LYRIC LN 7509 LYRIC LN 7549 LYRIC LN 5401 MADISON ST 5720 MADISON ST 5750 MADISON ST 5765 MAIN ST 5861 MAIN ST 6007 MAIN ST 6015 MAIN ST 6035 MAIN ST 6661 MAIN ST 6721 MAIN ST 7835 MAIN ST 7840 MAIN ST 6640 MCKINLEY ST 7473 MCKINLEY ST 1378 MEADOWMOOR DR 1391 MEADOWMOOR DR 5530 MEISTER RD 5550 MEISTER RD 5558 MEISTER RD 5578 MEISTER RD 7432 MELODY DR 7452 MELODY DR 7466 MELODY DR 7369 MEMORY LN 7376 MEMORY LN 7381 MEMORY LN 7386 MEMORY LN 222 MERCURY DR 100 MISSISSIPPI PL 110 MISSISSIPPI PL BALANCE 376.39 612.29 641.77 1,114.20 1,041.58 1,094.68 600.40 623.87 756.18 262.15 100.00 850.03 289.31 661.41 325.56 405.30 1,292.28 1,337.02 172.69 1,150.87 470.66 473.28 1,185.03 951.55 725.76 299.26 350.35 478.33 946.29 295.00 378.26 465.56 165.15 186.30 1,101.40 1,360.93 1,633.65 382.89 1,315.73 128.34 921.00 307.27 150.83 776.28 1,002.32 376.87 248.10 556.30 415.73 218.09 495.12 518.42 413.25 1,109.78 779.92 798.14 897.55 1,088.75 PENALTY 37.64 61.23 64.18 111.42 104.16 109.47 60.04 62.39 75.62 26.22 10.00 85.00 28.93 66.14 32.56 40.53 129.23 133.70 17.27 115.09 47.07 47.33 118.50 95.16 72.58 29.93 35.04 47.83 94.63 29.50 37.83 46.56 16.52 18.63 110.14 136.09 163.37 38.29 131.57 12.83 92.10 30.73 15.08 77.63 100.23 37.69 24.81 55.63 41.57 21.81 49.51 51.84 41.33 110.98 77.99 79.81 89.76 108.88 TOTAL 414.03 673.52 705.95 1,225.62 1,145.74 1,204.15 660.44 686.26 831.80 288.37 110.00 935.03 318.24 727.55 358.12 445.83 1,421.51 1,470.72 189.96 1,265.96 517.73 520.61 1,303.53 1,046.71 798.34 329.19 385.39 526.16 1,040.92 324.50 416.09 512.12 181.67 204.93 1,211.54 1,497.02 1,797.02 421.18 1,447.30 141.17 1,013.10 338.00 165.91 853.91 1,102.55 414.56 272.91 611.93 457.30 239.90 544.63 570.26 454.58 1,220.76 857.91 877.95 987.31 1,197.63 14 30 14 30 14 30 14 30 14 30 13 30 13 30 13 30 13 30 13 30 15 30 14 30 14 30 24 30 13 30 12 30 12 30 12 30 12 30 12 30 12 30 12 30 24 30 12 30 12 30 12 30 14 30 14 30 14 30 14 30 14 30 03 30 25 30 25 30 26 30 14 30 14 30 24 30 24 30 14 30 14 30 02 30 02 30 24 30 24 30 24 30 24 30 14 30 13 30 13 30 15 30 14 30 14 30 13 30 13 30 10 30 15 30 15 30 PIN 24 24 0004 24 24 0001 24 13 0010 24 42 0011 24 41 0112 24 32 0029 24 31 0080 24 13 0021 24 13 0006 24 14 0085 24 13 0039 24 42 0089 24 41 0029 24 41 0011 24 11 0108 24 31 0092 24 31 0086 24 31 0095 24 31 0046 24 31 0070 24 31 0071 24 31 0072 24 11 0037 24 13 0086 24 14 0003 24 12 0061 24 11 0127 24 11 0123 24 14 0096 24 14 0097 24 11 0084 24 43 0042 24 21 0023 24 21 0015 24 23 0043 24 23 0058 24 23 0040 24 32 0012 24 32 0063 24 41 0015 24 33 0016 24 33 0011 24 32 0019 24 31 0093 24 31 0104 24 34 0014 24 31 0054 24 22 0059 24 43 0113 24 44 0007 24 13 0013 24 22 0068 24 24 0073 24 22 0014 24 22 0015 24 12 0008 24 43 0069 24 43 0016 ACCT # 41065 123875 41195 124735 41435 116205 150065 41875 101075 150055 126675 84855 117355 146655 102575 159625 158875 158305 137705 152845 152855 152865 148465 131845 156655 132885 161185 151095 97165 126275 45445 32965 144455 44825 10455 88435 101465 146685 146695 105215 10975 75275 99285 46455 159225 148475 85195 130455 103855 116315 145305 142185 151195 133735 48455 133145 111425 142345 LOCATION # 484010 484050 484140 484170 484380 484510 484760 484810 484920 484970 453360 485620 485650 486750 516950 548470 548530 517000 517080 548590 548600 548610 487090 517310 517600 518250 487220 487300 487570 487590 488330 506580 487690 487720 453730 453800 453820 488680 488720 489020 454250 517710 517780 489340 489390 488770 489430 518640 489650 489760 455540 455270 490320 491300 491330 519400 454260 454700 ADDRESS 421 MISSISSIPPI ST 495 MISSISSIPPI ST 531 MISSISSIPPI ST 574 MISSISSIPPI ST 792 MISSISSIPPI ST 900 MISSISSIPPI ST 1282 MISSISSIPPI ST 1361 MISSISSIPPI ST 1465 MISSISSIPPI ST 1515 MISSISSIPPI ST 95 MISSISSIPPI WAY 6370 MONROE ST 6381 MONROE ST 1555 NORTH OBERLIN CIR 1534 NORTH TIMBER RIDGE 1124 NORTON AVE 1154 NORTON AVE 1163 NORTON AVE 1239 NORTON AVE 1277 NORTON AVE 1279 NORTON AVE 1281 NORTON AVE 5926 OAKWOOD MANOR 1382 ONONDAGA ST 1618 ONONDAGA ST 1424 OSBORNE RD 730 OVERTON DR 810 OVERTON DR 6740 OVERTON DR 6750 OVERTON DR 801 PANDORA DR 7800 PEARSON WAY 5210 PIERCE ST 5216 PIERCE ST 173 PILOT AVE 6731 PLAZA CUR 6750 PLAZA CUR 5650 POLK ST 5725 POLK ST 6350 QUINCY ST 6261 RAINBOW DR 7855 RANCHERS RD 8010 RANCHERS RD 5650 REGIS DR 5720 REGIS DR 1160 REGIS LN 5503 REGIS TRAIL 220 RICE CREEK BLVD 1400 RICE CREEK RD 1520 RICE CREEK RD 77 RICE CREEK WAY 261 RICE CREEK TER 434 RICE CREEK TER 1024 RICE CREEK TER 1062 RICE CREEK TER 161 RICKARD RD 100 RIVER EDGE WAY 6230 RIVERVIEW TER BALANCE 335.29 434.22 197.14 861.40 663.25 330.64 921.03 1,167.83 870.45 829.90 510.08 258.05 700.11 245.58 115.62 305.45 373.21 240.85 52.01 507.39 437.46 699.36 882.62 683.68 1,285.10 539.05 256.68 460.25 688.76 544.15 66.45 201.94 1,032.60 554.52 187.53 853.82 204.22 3,940.25 856.67 697.36 1,308.32 810.63 2,272.57 787.06 216.86 879.83 1,161.50 585.20 454.59 529.16 922.46 493.29 999.77 420.36 747.12 1,352.61 391.70 1,083.41 PENALTY 33.53 43.42 19.71 86.14 66.33 33.06 92.10 116.78 87.05 82.99 51.01 25.81 70.01 24.56 11.56 30.55 37.32 24.09 5.20 50.74 43.75 69.94 88.26 68.37 128.51 53.91 25.67 46.03 68.88 54.42 6.65 20.19 103.26 55.45 18.75 85.38 20.42 394.03 85.67 69.74 130.83 81.06 227.26 78.71 21.69 87.98 116.15 58.52 45.46 52.92 92.25 49.33 99.98 42.04 74.71 135.26 39.17 108.34 TOTAL 368.82 477.64 216.85 947.54 729.58 363.70 1,013.13 1,284.61 957.50 912.89 561.09 283.86 770.12 270.14 127.18 336.00 410.53 264.94 57.21 558.13 481.21 769.30 970.88 752.05 1,413.61 592.96 282.35 506.28 757.64 598.57 73.10 222.13 1,135.86 609.97 206.28 939.20 224.64 4,334.28 942.34 767.10 1,439.15 891.69 2,499.83 865.77 238.55 967.81 1,277.65 643.72 500.05 582.08 1,014.71 542.62 1,099.75 462.40 821.83 1,487.87 430.87 1,191.75 15 30 15 30 15 30 10 30 03 30 03 30 04 30 10 30 03 30 15 30 24 30 24 30 24 30 13 30 13 30 13 30 14 30 15 30 15 30 15 30 15 30 13 30 03 30 03 30 14 30 14 30 15 30 14 30 11 30 10 30 10 30 25 30 13 30 13 30 11 30 11 30 11 30 11 30 11 30 11 30 11 30 24 30 14 30 25 30 25 30 25 30 25 30 25 30 23 30 23 30 14 30 14 30 11 30 11 30 11 30 11 30 11 30 11 30 PIN 24 42 0023 24 42 0086 24 42 0030 24 42 0053 24 32 0113 24 23 0233 24 14 0014 24 42 0065 24 24 0053 24 41 0085 24 34 0062 24 34 0042 24 34 0029 24 11 0129 24 41 0059 24 41 0058 24 33 0011 24 44 0065 24 41 0064 24 41 0077 24 41 0093 24 14 0028 24 43 0039 24 43 0038 24 33 0004 24 33 0045 24 41 0052 24 33 0092 24 24 0078 24 13 0010 24 13 0005 24 22 0028 24 32 0059 24 32 0002 24 24 0018 24 24 0140 24 24 0022 24 13 0058 24 13 0062 24 12 0044 24 12 0042 24 24 0038 24 33 0087 24 12 0044 24 11 0084 24 11 0082 24 11 0081 24 11 0049 24 24 0192 24 24 0195 24 34 0004 24 34 0004 24 32 0032 24 24 0090 24 24 0090 24 24 0092 24 24 0096 24 24 0096 ACCT # 11565 11645 11745 107465 77285 159585 77435 14015 161585 90015 130015 112555 157935 152815 49915 82725 149445 146285 147735 125095 151785 49535 118285 112875 143925 157075 113115 13535 158275 152805 78425 90105 154675 135915 129925 78765 150565 155625 149205 79055 156715 44905 122985 155395 153125 154775 103865 138875 148705 131395 51435 128175 79585 115135 79645 79685 118015 139255 LOCATION # 454840 454920 455020 519500 519680 519780 519830 522690 520100 455740 491760 491790 491960 521850 492780 492790 455860 456060 456260 528570 549030 492410 520380 520400 456530 456580 456610 456780 520670 520800 520820 492890 492970 493060 521030 521150 521200 521230 521280 521430 521470 493590 457250 493370 493430 493460 493480 493550 548260 548290 494290 494340 521960 522010 522020 522060 522150 522160 ADDRESS 6417 RIVERVIEW TER 6440 RIVERVIEW TER 6480 RIVERVIEW TER 7138 RIVERVIEW TER 7965 RIVERVIEW TER 8141 RIVERVIEW TER 8241 RIVERVIEW TER 7126 RIVERWOOD DR 8161 RUTH CIR 115 SATELLITE LN 1300 SKYWOOD CT 1315 SKYWOOD LN 1365 SKYWOOD LN 1540 SOUTH TIMBER RIDGE 6450 SQUIRE DR 6460 SQUIRE DR 6102 STAR LN 6170 STARLITE BLVD 6336 STARLITE BLVD 6422 STARLITE CIR 6433 STARLITE CIR 6530 STINSON BLVD 165 STONYBROOK WAY 187 STONYBROOK WAY 6211 SUNRISE DR 6240 SUNRISE DR 101 SYLVAN LN 250 SYLVAN LN 7388 SYMPHONY ST 100 TALMADGE WAY 115 TALMADGE WAY 5235 TAYLOR ST 6411 TAYLOR ST 6473 TAYLOR ST 7321 TEMPO TER 7381 TEMPO TER 7400 TEMPO TER 7411 TEMPO TER 7440 TEMPO TER 7519 TEMPO TER 7525 TEMPO TER 5801 TENNISON DR 6251 TRINITY DR 1490 TROLLHAGEN DR 1534 TROLLHAGEN DR 1542 TROLLHAGEN DR 1546 TROLLHAGEN DR 1591 TROLLHAGEN DR 5805 UNIVERSITY AVE 5825 UNIVERSITY AVE 6225 UNIVERSITY AVE 6253 UNIVERSITY AVE 7200 UNIVERSITY AVE 7313 UNIVERSITY AVE 7315 UNIVERSITY AVE 7337 UNIVERSITY AVE 7385 UNIVERSITY AVE 7387 UNIVERSITY AVE BALANCE 1,728.47 497.66 862.87 173.87 244.50 409.40 300.00 1,019.70 346.92 798.90 571.45 406.75 331.81 113.07 262.75 761.83 916.35 636.59 634.67 457.29 659.30 520.56 192.26 299.20 176.13 569.47 747.67 399.66 312.61 1,580.80 562.04 1,308.79 494.51 88.59 441.40 1,722.01 329.03 226.46 715.74 817.21 264.91 1,404.11 235.21 223.01 519.34 438.21 662.64 506.18 1,407.80 195.82 1,426.93 918.37 6,466.01 387.76 395.35 333.19 1,159.21 1,065.83 PENALTY 172.85 49.77 86.29 17.39 24.45 40.94 30.00 101.97 34.69 79.89 57.15 40.68 33.18 11.31 26.28 76.18 91.64 63.66 63.47 45.73 65.93 52.06 19.23 29.92 17.61 56.95 74.77 39.97 31.26 158.08 56.20 130.88 49.45 8.86 44.14 172.20 32.90 22.65 71.57 81.72 26.49 140.41 23.52 22.30 51.93 43.82 66.26 50.62 140.78 19.58 142.69 91.84 646.60 38.78 39.54 33.32 115.92 106.58 TOTAL 1,901.32 547.43 949.16 191.26 268.95 450.34 330.00 1,121.67 381.61 878.79 628.60 447.43 364.99 124.38 289.03 838.01 1,007.99 700.25 698.14 503.02 725.23 572.62 211.49 329.12 193.74 626.42 822.44 439.63 343.87 1,738.88 618.24 1,439.67 543.96 97.45 485.54 1,894.21 361.93 249.11 787.31 898.93 291.40 1,544.52 258.73 245.31 571.27 482.03 728.90 556.80 1,548.58 215.40 1,569.62 1,010.21 7,112.61 426.54 434.89 366.51 1,275.13 1,172.41 11 30 14 30 14 30 11 30 11 30 11 30 11 30 11 30 23 30 23 30 23 30 23 30 14 30 14 30 24 30 24 30 24 30 24 30 24 30 24 30 24 30 24 30 24 30 24 30 14 30 25 30 13 30 13 30 24 30 PIN 24 24 0150 24 41 0087 24 41 0081 24 14 0097 24 14 0086 24 11 0079 24 11 0069 24 11 0080 24 13 0030 24 13 0127 24 13 0007 24 13 0092 24 12 0011 24 12 0008 24 44 0090 24 44 0099 24 41 0218 24 41 0246 24 41 0165 24 44 0175 24 44 0158 24 44 0147 24 43 0041 24 43 0046 24 44 0039 24 11 0065 24 44 0118 24 44 0016 24 21 0046 ACCT # 151505 148845 156475 155645 113365 86455 124425 80755 102085 137015 132455 115985 128205 103695 144805 145625 131135 150235 52325 138955 128225 160375 158755 54345 129355 157965 151275 55285 146855 LOCATION # 547630 493830 493960 522840 523050 523090 523100 523110 495990 496040 496100 496180 496560 496620 494620 494750 495070 495130 495160 497440 497510 497560 497120 497170 495560 497040 548880 498090 497700 FINAL BILLED ACCOUNTS: 23 30 14 30 23 30 24 30 10 30 03 30 24 30 13 30 24 30 14 30 03 30 14 30 13 30 13 30 12 30 13 30 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 14 0070 24 0017 33 0082 41 0088 11 0014 31 0092 12 0002 33 0001 31 0022 13 0067 44 0087 41 0055 32 0030 31 0083 31 0089 31 0020 22225 148135 143795 127155 90225 64905 149965 133825 97065 152465 150515 106535 151055 121655 159635 140925 465310 466620 449460 474620 506440 507510 476350 478300 481990 482830 515510 484500 484540 547710 548500 487960 ADDRESS 7415 UNIVERSITY AVE 6300 VAN BUREN ST 6360 VAN BUREN ST 7358 VAN BUREN ST 7471 VAN BUREN ST 7527 VAN BUREN ST 7528 VAN BUREN ST 7541 VAN BUREN ST 5707 WASHINGTON ST 5765 WASHINGTON ST 5797 WASHINGTON ST 5837 WASHINGTON ST 6830 WASHINGTON ST 6855 WASHINGTON ST 1564 WEST BAVARIAN CT 5466 WEST BAVARIAN PASS 5627 WEST BAVARIAN PASS 5651 WEST BAVARIAN PASS 5654 WEST BAVARIAN PASS 5405 WEST BRENNER PASS 5419 WEST BRENNER PASS 5429 WEST BRENNER PASS 1411 WEST DANUBE RD 1418 WEST DANUBE RD 881 WEST MOORE LAKE DR 1535 WINDEMERE DR 1551 WOODSIDE CT 1629 WOODSIDE CT 6053 WOODY LN BALANCE 415.02 975.52 203.23 218.06 560.70 466.39 1,218.20 866.76 986.45 1,216.12 1,105.80 176.34 1,134.87 99.04 421.52 238.82 1,406.98 627.02 142.34 171.35 295.58 397.43 428.29 316.94 113.36 245.05 377.06 493.46 1,073.07 PENALTY 41.50 97.55 20.32 21.81 56.07 46.64 121.82 86.68 98.65 121.61 110.58 17.63 113.49 9.90 42.15 23.88 140.70 62.70 14.23 17.14 29.56 39.74 42.83 31.69 11.34 24.51 37.71 49.35 107.31 TOTAL 456.52 1,073.07 223.55 239.87 616.77 513.03 1,340.02 953.44 1,085.10 1,337.73 1,216.38 193.97 1,248.36 108.94 463.67 262.70 1,547.68 689.72 156.57 188.49 325.14 437.17 471.12 348.63 124.70 269.56 414.77 542.81 1,180.38 Sub Total Active Accounts $ 338,653.86 $ 34,174.28 $ 372,828.14 742 58 AVE 369 66 AVE 5336 ALTURA RD 5563 EAST BAVARIAN PASS 7509 EAST RIVER RD 501 ELY ST 6005 GARDENA LN 6161 HIGHWAY 65 1140 LYNDE DR 6731 MADISON ST 7840 MAIN ST 890 MISSISSIPPI ST 932 MISSISSIPPI ST 1140 MISSISSIPPI ST 1140 NORTON AVE 6411 PIERCE ST 104.76 80.37 385.17 85.61 318.50 35.80 19.72 7,909.29 59.35 61.14 146.15 35.07 58.38 86.27 29.23 91.60 10.48 8.04 38.52 8.56 31.85 3.58 1.97 790.93 5.94 6.11 14.62 3.51 5.84 8.63 2.92 9.16 115.24 88.41 423.69 94.17 350.35 39.38 21.69 8,700.22 65.29 67.25 160.77 38.58 64.22 94.90 32.15 100.76 Sub Total Final Billed Accounts $ 9,506.41 $ 950.66 $ 10,457.07 Grand Total Actives & Finals $ 348,160.27 $ 35,124.94 $ 383,285.21 � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne R. Otteson, Assistant Public Works Director October 26, 2009 Watermain Rehabilitation Project No. 386 - Change Order #1 I:,L�LIl•all.r� Attached is Change Order No. 1 for the watermain work on University Avenue West Service Drive between 73rd Avenue and Osborne Road. This change order includes additional work outside of the original contract and quantity increases for various reasons. The amount of this change order is $47,130.04. As this is a water main proj ect, all funding for the work is paid by the City's Water Utility Fund. In summary, the increase in work required on the project is due to three main changes 1) installation of new services valves for each property (+7.1%), 2) installation of the new main at greater depth to avoid utility conflicts (+5.2%), and 3) removal of unsuitable soils encountered (+4.9%). Items 1— 4. These include additional work relating to excavation and surface restoration needed on the project for various reasons. Over half this amount was due to required change in depth of the new water main, which was installed at a greater depth to avoid utility conflicts. Unsuitable soils were encountered in the water service trench that were considered too poor to provide support for the roadway, and were therefore removed. Public Works staff provided and delivered replacement fill, which resulted in an estimated savings of about $2,700. The larger excavations resulted in replacing more curbing and asphalt bituminous patching. The change in the project costs for Items 1- 4 is a net increase of $20,830.72. Items 5— 6. These include modifications to water services at the US Post Office building and at the Thorne Brothers building. Each building had one larger service line that branched into three services at the property line. It was determined that each building was originally built with three individual units and had separate services installed for each unit. A manifold on the incoming service line and branched to each unit. During this project, each service received its own curb stop valve and connection to the main. The change in the project costs for Items 5- 6 is a net increase of $5,440.48. Items 7-10. Installation of new service valves were not included in the proj ect as bid to control costs. It was determined after the bids were opened that budget was available to replace the curb stops for each property, as is customary for open cut construction. The Staff negotiated costs with the Contractor to install the curb stops and provide additional dewatering and surface restoration as needed. Also, excavation in the boulevards to install the curb stop valves required additional restoration. The change in the project costs for Items 7-10 is a net increase of $14,469.14. Item 11. An additional hydrant and gate valve was delivered to the project and not used. The Water Department was in need of a hydrant and gate valve for stock The Contractor agreed to sell the hydrant and gate valve for approximately $2601ess than the City's most recent purchase. The change in the project costs for Item 11 is a net increase of $2,625.76. Item 12. The Car Wash water service was damaged during the underground directional drill by the Contractor. The water service looped downward approximately three feet below the watermain in a very unusual manner. This downward loop put the water service line directly in the path of the new water pipe being installed. The Contractor performed an emergency repair of the service line to maintain water service at the Car Wash. The change in the project costs for Item 12 is a net increase of $904.00. Item 13. The Contractor was required to sawcut the bituminous edges of each patch in the street. The contract did not provide for this work item. The change in the proj ect costs for Item 13 is a net increase of $2,256.00. Item 14. Engineering staff and Public Safety staff determined it would be in the best interest of the City to remove the one way traffic control during the weekend. The Contractor agreed and removed the one way traffic control at the end of each of five work weeks. On Monday mornings, the one way traffic control was reinstalled by the Contractor. The change in the project costs for Item 14 is a net increase of $426.90. Item 15. Engineering staff determined that additional signage was needed to direct customers to follow the detour. This aided customers in finding the commercial businesses on the Service Drive. The change in the project costs for Item 14 is a net increase of $177.04. Staff recommends the City Council approve Change Order #1 to Ellingson Drainage Co. in the amount of $47,130.04. The revised contract amount shall be increased to $252,166.40. This is the final change order for the project, which increases the work and cost by 18.7% from the original contract. This is also well below the amount estimated and budgeted for the project. LRO Attachment Page 1 of 2 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Ellingson Drainage, Co. PO Box 68 West Concord, MN 55985 SUBJECT: Change Order No. 1— 2009 Watermain Rehabilitation Project No. 386 Gentlemen: October 26, 2009 You are hereby ordered, authorized, and instructed to modify your contract for the 2009 Watermain Rehabilitation Project No. 386 by including the following items: Item No. Item Description Cost 1 Contractor excavated and removed 135 cubic yards of poor soils off-site. $2,700.00 2 Contractor removed 81 lineal feet of curb and gutter. $146.61 3 Contractor removed 493 square yards of bituminous pavement. $4,915.21 Contractor installed 335.1 square yards of 4" bituminous wear course and 4 8" class 5 aggregate. $13,068.90 5 Contractor connected 4 additional existing water services. $4,400.00 6 Contractor installed 4 additional saddles and corps. $1,040.48 7 Contractor installed 10 curb stop valves (1" diameter). $9,445.80 8 Contractor installed 2 curb stop valves (1 1/2" diameter). $2,111.38 9 Contractor installed 1 curb stop valve (2" diameter). $1,258.71 10 Contractor installed 425 square yards of sod in the boulevard. $1,653.25 11 City purchased 1 hydrant and gate valve assembly from Contractor. $2,625.76 12 Contractor repaired 1 water service line at the Car Wash. $904.00 13 Contractor sawcut bituminous pavement for patch areas. $2,256.00 Contractor spent 6 hours removing and reinstalling traffic control for 14 weekends. $426.90 15 Contractor installed 2 temporary business signs along detour route. $177.04 Total $47,130.04 Page 2 of 2 Submitted and approved by James Kosluchar, Director of Public Works, on the 26th day of October, 2009. James P. Kosluchar, Director of Public Works Approved and accepted this day of , 2009 by Ellingson Drainage Co. Ellingson Drainage Co., Representative Approved and accepted this day of , 2009 by CITY OF FRIDLEY Scott Lund, Mayor Wlliam W. Burns, City Manager � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 26, 2009 William W. Burns, City Manager James Kosluchar, Public Works Director October 26, 2009 PW09-059 City of Fridley Project 390 — 45t" Avenue Storm Sewer Outfall Repair In September of this year, we were advised by Anoka County Parks staff of a storm sewer failure within Riverfront Park along the Mississippi River at a location just north of the Minneapolis Water Treatment Plant. A large trunk storm sewer that serves both Fridley and Columbia Heights had collapsed near the river, and sloughing of the bank had occurred. Approximately 60 feet of the 96" corrugated metal (CMP) storm sewer pipe had failed and been crushed under the roughly 30-foot high bluff. A remaining 60-foot section of corrugated metal pipe just upstream was inspected and found deteriorated beyond a point of repair. Just upstream of the latter segment, the pipe changes to 84" reinforced concrete pipe (RCP). The pipe was constructed in 1965 in the approximate location of the extension of 45th Avenue. Staff found that there were several construction and maintenance agreements with the City of Columbia Heights for this storm sewer system, dating from 1965 and later. We contacted the City of Columbia Heights, and their Public Works staff has been very receptive to sharing in both the work necessary and the financial commitment to complete the required repairs. Since that time, we have been working with the City of Columbia Heights and other agencies to obtain permits, design, and obtain contractor pricing for necessary repairs. A restoration plan has been prepared under the direction of both Fridley and Columbia Heights Engineering personnel. Both cities have had staff involvement to minimize costs with survey work, permit applications, and intend to continue with construction staking and project inspection. The project involves restoring the original pipe segment and the remaining metal (CMP) pipe segment using concrete (RCP). The work will also include excavating the sloughed materials out of the river backwater and settling basin (constructed in 1965) for use in the slope restoration. One of the construction and maintenance agreements mentioned previously (dated 1965) details the cost share for this trunk line segment based on ratio of stormwater discharges as: Columbia Heights: 82% Fridley: 18% A subsequent agreement dated 1978 details the cost share for this trunk line as: Columbia Heights: 66.5% Fridley: 23.8% MnDOT: 9.7% While MnDOT has not yet committed to their participation, the two cities will be requesting their financial commitment for the project as well. Because of changes in land use and changes in the tributary area since these agreements were developed, staffs from both Cities believe it appropriate and recommend updating the cost allocation agreement based on current contributing flows due to land use in the drainage area. In the interim, we are recommending to our respective City Councils tentative apportionment of costs between the two Cities for this emergency repair project per the most recent agreement. We have prepared a Memorandum of Understanding between the City of Fridley and City of Columbia Heights to formalize this recommendation. As the work is located in Fridley, City of Fridley staff is the lead agency and is administering design, permitting and construction of the repairs. Due to the immediacy of the repairs and the limited construction season remaining, we requested quotes from seven different contractors. A summary of the quotes received is attached. Unfortunately, the quotes are much higher than the Engineer's Estimate, and above the threshold requiring competitive bidding. Staff requests that the City Council moves to approve the attached Memorandum of Understanding with the City of Columbia Heights for the reconstruction of the 45th Avenue storm sewer outfall. In addition, staff requests that the City Council moves to a authorize a call for bids for City of Fridley Project 390 — 45th Avenue Storm Sewer Outfall Repair to be funded from the Storm Water Utility Fund. We anticipate having a recommendation for award to you on the agenda for November 16. JPK/jpk Attachment CITY OF FRIDLEY QUOTE SUMMARY 2009 45th Ave. Storm Sewer Outfall Repair PROJECT NO. 390 October 23, 2009 GL CONTRACTING MEDINA, MN NORTHDALE CONST. CO. INC. ALBERNILLE, MN PARK CONSTRUCTION CO. MINNEAPOLIS, MN DAVE PERKINS CONTRACTING, INC RAMSEY, MN FRATTALONE CO. LITTLE CANADA, MN $124,177.00 $129,837.28 $142,302.20 $184,282.00 $ 260,090.00 Page 1 of 1 10/23/2009 DATED October 22, 2009 MEMORANDUM OF UNDERSTANDING FOR THE RECONSTRUCTION OF THE 45TH AVENUE STORM SEWER OUTFALL CITY OF FRIDLEY PROJECT NO. 390 This Memorandum of Understanding (MOU) is between the City of Fridley, a municipal corporation under the laws of the State of Minnesota, 6431 University Ave, Fridley, Minnesota 55432 hereinafter referred to as "Fridley", and the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, 590 40th Ave NE, Columbia Heights, Minnesota 55421 hereinafter referred to as "Colu�bia Heights". The parties to this preliminary MOU agree in principle that reconstruction a� the Storm Sewer Outfall at the Mississippi River and appro�mately located at 45th Avenue NW, includi�tg piping, embankment, stabilization, and ancillary repairs, referred to as the "Proj ect" is in the best interest o� tl�e public and that the excerpted preliminary plans as shown in E�ibit "A" defines the preliminary design o£ the Proj ecf. It is agreed that the E�ibit "A" plans dated October 20, 2009 have been reviewed and accepted by the parties and are suitable for construction. Any significant changes made hereafter to the design as presented in the E�ibit "A" plans will require approval by the parties by their respective Directors of Public Works. These same changes may require a change in the cost share to include any additional design �ngin�ering cost that may occur. COST ALLOCATION: The parties to this preliminary MOU acknowledge the e�stence of previous agreements for cost allocations for construction and maintenance, based on a ratio of stt�rmuvater discharges. The most recent of these agreements is from 1978 as shown in E�ibit "B", and specifies cost sharing�`�between the City of Fridley, City of Columbia Heights, and Minnesota Department of Transp�r�ation (1VINDE�T). The parties will use this cost proportioning as a basis for a tentative allocation of costs, and �ndeavc�r tp compel 1VINDOT to provide their allocation in accordance with this agreement. Further, the p�rties will cotnmence an analysis to redefine this cost allocation under current conditions, and incorporate results of an agreed to analysis as part of a final updated cost allocation agreement. LEAD AGENCY: The p Fridley shall be the lead � the Proj ect is pliysically located within the City of Fridley, that fox the administration of the Project. DESIGN: Tl�e parties agre� that Fridleya �s lead agency�on the Project, will administer and disburse monies required t� eomplete design oi�e Project. �olumbia Heights will reimburse Fridley in accordance with the Cost Allocation described above. PERMITTING: The parties agree that Fric�ey, as lead agency on the Project, will secure all necessary permits and disburse monies required to complete permitting of the Project. Columbia Heights will reimburse Fridley in accordance with the Cost Allocation described above. CONSTRUCTION: The parties agree that Fridley, as lead agency on the Project, will administer and disburse monies required to complete construction of the Project, including those required for construction inspection and miscellaneous restoration. Columbia Heights will reimburse Fridley in accordance with the Cost Allocation described above. IN-KIND WORK: The parties agree that in-kind work applied to this project shall be allocated as a deduction form each party's respective cost allocation. SUMMARY: Upon acceptance and signatures by the parties of this MOU, a separate cost allocation agreement for cost share and maintenance will be prepared by the parties. The cost allocation agreement to follow will formalize all estimated and actual cost shares. CITY OF FRIDLEY, MINNESOTA CITY OF COLUMBIA HEIGHTS, MINNESOTA By: By: Scott J. Lund Gary Peterson r R__.__ r R__.__ Da AT By Da � By .• By: By: Fritz Knaak Jnn Hoeft City Attorney City Attorney )N: EXHIBIT B � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 26, 2009 �ffY �F FRIDLEY INFORMAL STATUS REPORTS