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02/01/1993 - 4956� � GTl(OF FRIDLEY FRIDLEY C{TY COUNCIL FEBRUARY 1, 1993 PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of January 19, 1993 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items Not on Agenda - 15 Minutes) NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 3, Entitled !'� "Personnel" by Amending � Section 3.09 . . . . . . . . . . . . . . . . . .� . . . . . . . . . . . . . . . 1 - 1 A � ��,e�� `'�� i � �w�w■ ��i w�.r�i ww� � rn�v�� .� � r�.va��,IL MCC I INU VI' rCCiF[UHt[T 7, 1 JJ3 NEW BUSINESS {CONTINUED.�: Resolution in Support of an � Appiication for a Minnesota Lawful Gambling Premise Permit �/ to Totino-Grace High Schooi . . . . . . . .� � . . . . . . . . . 2 - 2A Receive an Item from the Minutes of the Planning Commission Meeting of December 16, 1992: . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3K A. Special Use Permit Request, SP #92-13, by H & H Veterinary Services, to Allow an AnimalNeterinary Clinic which� Administers Vaccinations, Generally Located at 250 Osborne Road N.E. � � , � , .L � / � � Approve Comprehensive Sign Plan � Amendment for Moore Lake Commons � , West . . . . . . . . . . . . . . . . . ` 4 - 4FJ. ° � . ..�........ .. (,�%� . r � �� J 1V U �,� �� i �`� �U "L � �' C �� J r' h � ' �,��, , � � �,�' ,,,� ��`� .�� - ,� �� , ,� `�j� � � ` ,{�:%'� � w . .,� `�I U1 `�'' ��' - �'� , ' G�„�, i, !��' � � �; Approve 1993 Community Development Block Grant Application and Reallocation of -_,,,�✓ the 1991 and 1992 Community Development �`-�'" Block Grant Funds . . . . . . . . . �,��. . . . . . . . . . . . 5 - 5G , � �� } � � � � FRIDLEY CITY COUNCIL MEETINC OF FEBRUARY 1, 1993 NEW BUSINESS (CONTINUED�: � Approve Joint Powers Agreement between the County of Anoka and the City of � Fridley for the Purchase of Mobile Data ` Terminals . . . . . . . . . . . . . . . . . . . . . . . . .��,. � . . . . 6 - 66 Receive Bids and Award Contract for Tree and Stump Removai; � and � Receive Bids and Award Contract for Street Sweeping . . . . . . . . . . . . ' �''' Resolution Ordering Advertisement for Bids; Removal and Replacement of Miscellaneous Concrete, Curb, Gutter and Sidewalk - 1993 Project No. 245 . . . . . . . . . . . . . . 7-7A � . ,� ; . Resolution Indemnifying and Holding Harmless the State of Minnesota for Actions Arising from the Granting of a Variance on S.A.P. 127-316-05 (Monroe Street), S.A.P. 127-325-01 (Brookview Drive), and S.A.P. 127-351-01 (Regis Drive), City Project No. 1993 - 2 ...... Resolutior� Appointing the City Representative to the Six Cities Watershed Management Organization ,�''�� . � �� 10 - 10A 3 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 1, 1993 NEW BUSINE�SS (CONTINUED�: Resolution Revoking Municipal State Aid Streets . . . . . . . . . . . . Resolution Establishing Municipal State Aid Streets . . . . . . . . . . . . Resolution Authorizing Holmes & Graven to Represent the City of � Fridley in Lawsuits Commenced by �� John Starks and Christopher Fields .... . 11 - 11C . 12 - 12A . . 13 - 13E Informal Status. Reports . . . . . . . . . . . . . . . . . . . . . . . . . �'-Zr.d-z��i�.-�- zc �2c.,.�u:u.u�%�y Cut.�, . °.�rc�vc.t.1 �� ,�-� - '� J �' Claims................. �."............ / 14 15 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16A / Estimates ADJOURN: � � ................^�,�:. �e ............ 17 4 THE MINIITBS OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF JANUARY 19, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:34 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. JANUARY 4, 1993: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Councilman Billings stated that Mr. Burns, City Manager, has a petition to submit. RECEIVE PETITION NO. 2-1993 STREET LIGHTING ON CREEK PARK LANE• MOTION by Councilman Schneider to receive Petition No. 2-1993 concerning street lighting on Creek Park Lane. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING• 1. PUBLIC HEARING ON 1993 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND REALLOCATION OF 1991 AND 1992 BLOCK GRANT FUNDS FOR A HOUSING REHABILITATION PROGRAM: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman FRIDL$Y CITY COIINCIL MEETING OF JANIIARY 19, 1993 PAGE 2 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:38 p.m. Mr. Burns, City Manager, stated that this public hea�ing is to determine how the 1993 Community Development Block Grant Funds will be allocated. He stated that the deadline for submission of this grant application is February 26, 1993. He stated that the City's portion of these funds is $103,000. Mr. Burns stated that City staff reconunends the CDBG funds be distributed as follows: $1,000 for administration fees; $71,400 for housing rehabilitation; and $30,600 for human services. He stated that it is recommended the remaining allocations from the 1991 and 1992_ CDBG funds of $43,677.43 and $35,053.00 be reallocated to the housing rehabilitation program. He stated that with these amounts and the 1993 allocation, there would be $150,130.43 available for housing rehabilitation. He stated that these allocations have been reviewed by the Human Resources Commission, and they concur with staff's recommendation. Councilman Billings asked if a revolving fund can be established for the housing rehabilitation program so funds that are repaid can be redistributed to this program. Mr. Burns stated that as long as the funds are channeled into the. same rehabilitation program a revolving fund can be established. Mayor Nee stated tYiat the total housing rehabilitation program for the most part is an HRA project. He asked if the funds would be used by the City or turned over to the HRA. Mr. Burns stated staff would recommend that the �Anoka County Community Action Program (ACCAP) include these funds as part of their on-going housing rehabilitation program. Mr. Patrick McFarland, Executive Director of Anoka County's Community Action Program, stated that their agency is the administrator of rehabilitation funds. He stated that the rehabilitation program provides up to $9,000 for housing rehabilitation to eligible homeowners in Anoka County. He stated that this program brings homes up to Section 8 existing housing standards by making necessary repairs, installing furnaces, etc. He stated that those participating in the program have a ten-year lien placed on the home, and one hundred percent of the money would come back into the program if the home is sold before the ten-year period. He stated that the program has been in effect for about twelve years, and it improves the housing stock in Anoka County. No other persons in the audience spoke regarding the allocation of the Community Development Block Grant Funds. FRIDLEY CITY COIINCIL MEETING OF JANUARY 19. 1993 PAGE 3 MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:45 p.m. OLD BUSINESS• 2. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER �TABLED JANUARY 4, 1993 : Mayor Nee removed this item from the table. Councilman Billings stated that at the last Council meeting, the Council wanted to make sure they were communicating properly with the Charter Commission on this issue. He stated that he did talk individually with several of the Charter Commission members, and it was suggested that possibly the Council should meet with the Charter Commission to discuss this issue or send a letter to the Commission outlining the concerns before a vote is taken on this proposed amendment. He stated that there are several small items that need to be addressed, and the proposed amendments probably would not pass in the current form. Councilman Schneider stated that he commends the Charter Commission on their work, but he has one particular area of concern. He stated that he has communicated these concerns to the Chairman of the Charter Commission. He stated that he would feel remiss in voting for something that he truly does not feel is appropriate. Mayor Nee felt that it is appropriate to make an effort to reconcile the differences, and perhaps this item should again be tabled and dialogue established with the Charter Commission. Councilman Schneider stated that he did not know if an appearance is necessary before the Charter Commission, but he could certainly document his concerns in a letter to them. Councilman Billings suggested that he and Councilman Schneider meet to prepare a joint communication to the Charter Commission addressing the concerns. Mr. Hunt, Assistant to the City Manager, stated that the Charter Commission would have to begin the process again whether this amendment failed or if there were changes based on the Council's concerns. He stated that the public hearings would have to be held, so tabling this item would not necessarily expedite the matter. Councilwoman Jorgenson stated that she talked to several Charter Commission members, and they that felt if the Council was to table this item again they are prepared to take it to a vote of the FRIDLEY CITY COIINCIL ME$TING OF JANUARY 19� 1993 PAa$ 4 electorate. She stated that they felt the issues being brought forward are not significant. Councilman Billings stated that the reason for trying to resolve these issues is because the Charter is, in fact, the constitution -- of the City. He felt that the electorate would feel it was foolish if the Council did not attempt to reach an agreement with the Charter Commission before taking it to a vote by the citizens. MoTION by Councilman Schneider to table this item. Seconded by Councilman Billings. Councilman Billings stated that the intent of tabling the item is for more research and not to kill this amendment. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. NEW BUSINESS• 3. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF OCTOBER 6, 1992• A. VARIANCE REOUEST, VAR #92-21, BY ROBERT AND MIKE SCHROER TO REDUCE THE_REAR YARD SETBACK FROM 40 FEET TO 0 FEET: TO REDUCE THE NUMBER OF REOUIRED PARKING STALLS FROM 102 TO 13; AND TO INCREASE THE MAXIMUM S4UARE FOOTAGE OF A SIGN FROM 80 S4UARE FEET TO 120 SOUARE FEET, GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E.• Ms. McPherson, Planning Assistant, stated that this request is for three variances: to reduce the rear yard setback from 40 feet to 0 feet; to reduce the required number of parking spaces from 102 to i3; and to increase the maximum square footage of a sign from 80 square feet to 120 square feet for property at 7620 University Avenue. She stated that the sign variance is to allow installation of one sign for the entire redevelopment project of Bob's Produce Ranch and Lyndale Garden Center. She stated that the Appeals Commission has recommended approval of these variances with three stipulations, which she outlined. MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #92-21, with the following stipulations: (1) the petitioner shall record against the title of Lot 2, Block 1, East Ranch Estates Fourth Addition a covenant which prohibits the installation of a free-standing sign on said lot; (2) the variance shall remain in effect until (a) the sign is altered in any way, except for routine maintenance and change of inessages which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations; (b) the supporting structure of the sign FRIDLEY CITY COIINCIL ME$TING OF JANUARY 19, 1993 PAGE 5 is replaced or remodeled; (c) the face of the sign is replaced or remodeled; (d) the sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50 percent of the value of said sign, at which�time all of the sign and its structure be removed; and (e) notwithstanding paragraph (a), above, upon the change of the name of the business being displayed on the sign. (3) cross parking and access easements to all loading areas shall be filed against both Lot 1 and Lot 2, Block 1, East Ranch Estates Fourth Addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RESOLUTION NO. 6-1993 APPROVING PLAT RE4UEST, P.S. #92-06, EAST RANCH ESTATES FOURTH ADDITION (ROBERT AND MIKE SCHROER�: Ms. McPherson, Planning Assistant, stated that this plat has undergone a name change from Lyndale Garden Center Addition to East Ranch Estates Fourth Addition. She stated that the petitioner has worked to meet the stipulations attached to the preliminary plat and of those five stipulations, three stipulations remain and are a condition of the final plat approval and part of this resolution approving the plat. MOTION by Councilman Fitzpatrick to adopt Resolution No. 6-1993, with the stipulations attached as Exhibit A as follows: (1) variance request, VAR #92-21, shall be approved; (2) the petitioner shall execute cross parking and access easements between Lot 1 and Lot 2, Block 1, East Ranch Estates Fourth Addition; and (3) the petitioner shall execute and record against Lot 1, Block 1, East Ranch Estates Fourth Addition a detention pond or storm water pond maintenance agreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION NO. 7-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO LION'S CLUB OF FRIDLEY• Mr. Champa, City Clerk, stated that Minnesota State Statutes require the City's approval of this gambling premise permit before � they issue a license. MOTION by Councilman Fitzpatrick to adopt Resolution No. 7-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 8-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL• MOTION by Councilman Fitzpatrick to adopt Resolution No. 8-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ;::+1t..:. .Ah1+1 `: 1 d 1wh.`. 4. 1�RIr' .. J.}a�i1<?iY. Yi)A .).lihk Y Y)�i:il�Y�h2�F!i?�>.i`Ui1�`w�i!<:KY1�<3 .�Fdi2Y71bwti?i1Ut>iYi>i?f1i,.f.�Jt)a)Ui1Ji1 )1> M?r):1iti:d(:%.It]i,2i)�ii?�I�,.�7:. i.r:Qw�i>QNi:.f:�t�:.rii2{M2{34i.'NNiiNVFNV>{IHN�1i)tlt: FRIDLEY CITY COIINCIL MEETING OF JANQARY 19. 1993 PAGL 6 7. RESOLUTION�NO. 9-1993 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STORM AND SANITARY SEWER REPAIR PROJECT NO. 242: Mr. Erickson, Assistant Public Works Director, stated that this project is an on-going maintenance project of the City to re-line existing sanitary and storm sewers. He stated that the Apex lift station project will be delayed until 1994 to minimize the impact on the sanitary sewer fund. Mr. Burns, City Manager, stated that with delay of the Apex lift station, this project is considerably under the budgeted amount. MOTION by Councilman Schneider to adopt Resolution No. 9-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared.the motion carried unanimously. 8. RESOLUTION NO. 10-1993 ORDERING IMPROVEMENT APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: CORRIDOR MAINTENANCE PROJECT NO. 243• Mr. Erickson, Assistant Public Works Direetor, stated that this is an on-going maintenance project on University Avenue to provide general maintenance for that area. MOTION by Councilman Billings to adopt Resolution No. 10-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 9. MOTION TO APPROVE THE ADVERTISEMENT FOR BIDS FOR WELLS NO. 2, 6 AND 7• Mr. Erickson, Assistant Public Works Director, stated that this is an on-going maintenance project for the City's wells. He stated that Well No. 6 will be substituted for Well No. 3, as Well No. 6 is in dire need of routine maintenance at this time. MOTION by Councilman Schneider to approve the advertisement for bids for Wells No. 2, 6 and 7. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. 10. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. - 11. CLAIMS: MOTION by Councilman Billings to authorize payment of Claim Nos. 47221 through 47505. Seconded by Councilman Schneider. Upon a FRIDLEY CITY COLTNCIL MEETING OF JANOARY 19 1993 PAGE 7 voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. LICENSES• MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13.. ESTIMATES: MoTION by Councilman Schneider to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of December, 1992 . . . . . . . . . . . . . . $4,140.50 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 19, 1993 adjourned at 8:10 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � _ � c�TioF FRIDLEY MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager Memo to: Will.iam W. Burns, City Manaqer � fi� From: William C. Hunt, Assistant to the Citp Manaqer✓�%/'� � Subject: Date: Amendment to Personnel Ordinance January 20, 1993 Recently, we have.performed a number of criminal background checks on new employees. �After we receive a signed release statement we send the request for a criminal background investigation to the Minnesota Bureau of Criminal Apprehension (BCA) with a check for $8.00 per person. The process can take as much as two weeks to complete. The Police Department does not have to go through this procedure to run criminal checks on applicants for employment in the Police Department. They can access the records directly. However, to do this for other applicants the BCA requires.that an ordinance be in� place authorizing such searches of criminal records.. Accordingly, we are proposing an amendment to the City Personnel Ordinance which would enable the Police Department to do timely criminal records checl�s on applicants for employment in other departments. The prospective employee would still have to sign a release form authorizing the records check. James P. Hill, Assistant City Manager/Public Safety Director, has drawn up the attached amendment to the Personnel Ordinance. I request that you present this to the City Council for consideration at its meeting of February 1, 1993. WCH/jb c: James P. Hill, Assistant City Manager/Public Safety Director �- I ORDINANCE NO. An ordinance recodifying the Fridlep City Code, Chapter 3, entitled ��Personnel�� by amendinq section 3. 09 The Council of the City of Fridley does ordain as follows: Section 3.09 Administrative Policy The City Manager shall have the power to formulate and execute such administrative policies which will further clarify and complement this Chapter and to make rules and regulations for the employment of temporary, part-time and contract employees� as well as consultants and independent contractors for services. Such administrative policies, rules, and regulations shall apply to all City employees unless there is a specific provision to the contrary in this Chapter or_in a collective bargaining agreement entered into by the City. The administrative policies shall provide for verification and investigation of facts set forth in emplovment applications includincr examination of criminal and traffic records Passed and adopted by the Council of the City of Fridley this day of , 1992. Attest William A. Champa - City Clerk First Reading: Second Reading: Publish: � William J. Nee - Mayor CITY OF FRIDLEY M E M O R A N D U M , TO: WILLIAM A. BURNB, CITY MANAGER � � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CIiAMPA, CITY CLERK SUBJECT: MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR TOTINO-GRACE HIGH SCHOOL OF FRIDLEY DATE: JANUARY 29, 1993 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School at Straight Arrow Sports Cafe. This would be Totino-Grace's second premise permit issued for lawful gambling in Fridley. Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling permit. 2 RFSOLU!'I�T 1�U. - 1993 �• .� � .�••••� .° .+• .� •• n i ��• v• . � e�� i: � . .��+ � :� � �•� � � � � • c�•�� + :� r. N ;�� WHEREAS, the City of Fridley has bee.n served with a c�opy of an Application for a Minnesota Iawful G�mbling Premise P�ermit for Totino-Grace High School; and Wf�2F',AS, the location of the Premise P�ermit is for Straiqht Arrow .Sports Cafe, 5895 University Avenue Northeast; and Wf�REAS, the City of Fridley h,as not found any rea.son to restrict the location for the charitable gambling operation. NOW, TH�ORE, B�E IT RESOLUED, that the City Council of the City of �'ridley appraves the Minnesota Lawful Gambling Premise Permit to Totino-Grace High School. PASSED AND ADOPTED BY 'IHE CITY UOUNCIL OF Zi� CITY OF FRIDLEY TIIIS 1S'T L1AY OF FEBRUARY, 1993. � ATl'EST: I��I : u r. : ul•: YY M�1: . 2A WILISAM J. NEE - MAYOR � � � I Com.munity Development Department � P G Drvislorr City of Fridley DATE: January 28, 1993 �� TO: William Burns, City Manager�_ FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #92-13, by H& H Veterinary Services; 250 Osborne Road N.E., Attached please find the above-referenced staff report. T�e special use permit request would permit the operation of an animal/ veterinary clinic which administers vaccinations on the subject parcel. The Planning Commission reviewed the request at their December 16, 1992 meeting and voted unanimously to recommend approval of the request to the City Counail with the following stipulations: 1. 2. Any alterations to the building will require issuance of a building permit. , No vaccination supplies or medical waste shall be stored on the site. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-93-35 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size i Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALY�TS Financial Implications Conformance to the I Comprehensive Plan I Compatibility with Adjacent Zoning and Uses Environmental Considerations �I RECOMMENDATION ' Staff Appeals Commission Plarrning Commission Attthor rlMjdn S TAFF REP O RT Community Development Department Appeals Commission Date : Planning Commission Date : December 16, 1992 City Council Date : February 1, 1993 SP �{92-13 H & H Veterinary Services To allow animal/veterinary clinics which administers vaccinations. 250 Osborne Road N.E. C-2, General Business • Retail C-2, General Business to the east; C-1, Local Business and M-I, Light Industrial to the south; M-2; Heavy Ind'ustrial to the west; C-2, General Business and C-3, General Shopping to the north. - Reta'il and Industrial - Six Cities Approval with one stipulation Approval with stipulations �— � � KIC CORNER _SEG //_ r I � � � I li�f � � �� i �� I+ I I � I W. /f!� SEC. // i � I r SP ��92-13 H & H Veterinary _ _: Nl/2 SEC.. C/TY O 22 ' � 23 �� 21 � !' i �FC. ��"'� � �F r �7 /PIA01 /'/r( ■ � , �� ' LOCATION MAP rf- - 3B 1 � Staff Report SP #92-13, by H& H Veterinary Services Page 2 Request The petitioner requests that a special use permit be issued to allow the establishment of a veterinary clinic. The request is for Lots l, 2, 28, and 29, Block 2, Commerce Park, generally located at 250 Osborne Road N.E. Site Located on the property is a single story multi-tenant masonry building. The primary use of the building is retail. The property is zoned C-2, General Business. The property to the east is zoned C-1, Local Business. The property to the south is zoned M-1, Light Industrial and C-2, General Business. The property to the west is zoned M-2, Heavy Industrial, and the property to the north is zoned C-3, General Shopping Center and C-2, General Business. Analysis The petitioner operates what is known as a mobile veterinary clinic. The petitioner does not work out of a mobile vehicle, but within space Pet Food Warehouse provides. The petitioner provides vaccinations and limited examinations of animals brought in by Pet Food Warehouse clientele. The petitioner operates out of the Pet Food Warehouse site approximately three to five hours every three to five weeks. Hence, the term "mobile". The petitioner has other sites in the cities of Roseville and Maplewood. Section 205.14.O1.C.(10) of the Fridley City Code permits, with a special use permit, animal clinics, veterinary clinics, animal hospitals; public kennels, obedience schools, and training serVices provided the following conditions are met in order to eliminate offensive noise and odors: A. All windows in the area of the building housing areas shall be double glazed with a fixed sash. B. Any ventilation system shall be designed so that no odors or organism will spread between wards or to the outside air. C. There are no outside pens or holding areas. The intent of the ordinance section is to provide standards for full service clinics which maintain animals in their facilities on a round-the-clock basis. The petitioner does not intend to provide full scale veterinary services. The petitioner intends only to provide vaccination clinics on a regular basis. There will be no holding � Staff Report SP #92-13, by H& H Veterinary Services Page 3 pens either in or outside of.the building. The petitioner intends to use a small portion of the receiving area to establish the examination and vaccination room. " The petitioner has received a hazardous materials handling license from the State of Minnesota in order to dispose of the medical waste from the vaccinations in a proper manner. No cultures will be cultured on site, therefore, eliminating possible exposure by the general public. All necessary testing will be sent to an outside laboratory.for processing. Severely ill or injured animals will be referred to another facility. As no animals will be kept on the site, the window standard is not required. However, the building is masonry and no windows are located in the area of the clinic. � Any alterations required to establish the vaccination area will require a building permit and be reviewed by the Building Inspection department. The proposed use does not generate traffic over and above that which is gerierated by the clientele of the Pet Food Warehouse. Pet Food Warehouse clientele who now bring their animals to the store will be given an oppo�tunity to have their pet vaccinated in the store through this service. Recommendation As the proposed vaccination clinic does not violate the standards set forth in Section 205.14.O1.C.(10) of the Fridley City Code, and does not adversely impact the traffic on the site, staff recommends that the Planning Commission recommend approval to the City Council of special use permit request, SP #92-13, to allow veterinary clinics which provide vaccinations with the following stipulation: 1. Any alterations to the building will require issuance of a building permit. . Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission added a second stipulation: 2. No vaccination supplies or medical waste shall be stored on site. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 3E � 0 � iil � � � � � � � � 4 � � L:- � � � r � P � � � � 2. � � X V' ��" ,i�i� �� —� 0 'a�0.}.S fo -ap�sv� of... SP ��92-13 H & H Veterinary , � � t i � � � �t�� I �' h "��'3s � � i � + .X �� f , ` .� � � c� 3 4 ` \�\�� i v� = � I � 3 � . � � � . �� ( �} / \ � � � � � _ J -� J,�n Vf ` � 3�y � . h' bX� � ! � ' I E-' .r�i.�,C� ,`\ a� � � X� t �- ,��i .�'i�°� ,' � j � � :; 3 � t � `� � � v� ' -' -{- � S _ � � .� � X � S X � r —1 � �3 a� � a i ..� � � ! �� vi �� y � � � � -� � fl � s � �,, � � `��'" \4 � C� � i # � � • 1 , � � , � � � � i � � � \ L� P� MaJb Jl1!n!7JaJ O� � ...�..�,,.,.,�...,..� "':� 1 - ., , .;-�,< � � x ��..�.. � -. uY--� t �,u .. .. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 : COMMUNITY DEVELOPMENT,'DEPARTMENT ' : SPECIAL USE PERMIT APPLICATION�;FORM .� PROPERTY INFORMATION`- site plan required for submittal; see attached Address: o��d DS�p�n-2.�``�p�'� � r�r ,. Property Identification Number (P1I� 1 �- 34 - a�=a�. -40 ac� Legal description: - i.at � � a,a g� a q�i�ck � iractltiddition _ C-zSYnm.e.re.:�. Qcc.t-k Current zoning: _ li -?•� Squaze footage/acreage Reason for special use permi� _��ov✓ ,/ �.vi,na.vL. (�►�i�; var.rau,a,-�ia,�a . _ Section of Ci Code: 2� : i4. o i c—� f � o� ` , ,. � , _ �— Have you operated a business in a city which requu-ed a business license? Yes >G No � If yes, which city? �P�;l� If yes, what type of business? �t1c. v�e�er;�aru U�,� �,.. �,� � Was that license ever denied or revoked? Yes No __�___ FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior-to processing) . NAME GSS3oRa� C(�d SS n�5 �4 F.�"-�otf..��► ��.. ADDRESS �'o f�v !.£ � � ` .� �o., ct- s`� ach c�. ; s�►�� ,��,;+�. S S�I33 DA PHONE _ 7�d�gSa t� SIGNATURE � DATE l��.9 �Z�. PETITIONER INFORMATION NAME t—t �� e f� rl C.�, f� ADDRESS Jrgy �- IV� o�`�a �'R, � `DLE�i , M � 5S�13� SIGNATURE Fee: $200.00 -----� : $100.00 Permit SP # � � -- I Application received by: Scheduled Planning Commission date: . Scheduled City Council date: 0 DAYTIME PHONE 5� a - �'3 / �./ DATE / O�a? g�4'� ! for residential2nd accessory buildings rt# 0 9 r .;. ; :. �3G� - � H & H Veterinary Services 5847 NE 2 1/2 Street Fridley, MN 55432 (612) 572-8314 APPLICATION FOR SPECIAL USE PERMIT H& H Veterinary Services is applying for a special use permit with the city of Fridley in order to hold vaccination clinics in the Fridiey Pet Food Warehouse store. Statement of Intent H& H Veterinary Services provides low cost preventive health care for companion animais. Our mobile vaccination clinics are set up inside Pet Food Warehouse stores, providing increased customer turnout for Pet Food Warehouse and low overhead costs for H& H Veterinary Services. We offer this service in order to reduce the number of unvaecinated animals in the community. We are currnetly operating in the cities of Roseville and Maplewood. We use only the best products available in keeping with professional standards and we are prepared for emergency reaction situations. Documentation signed by the veterinarian is provided with each vaccination and rabies vacines are accompanied by Rabies Vaccination Certificates and rabies tags. Complete records are kept by H& H Veterinary Services for every animal vaccinated. These records are available, upon request, to che State Board of Health, the pet owner and any other authorized party. Prior to vaccination, each animal receives a complete physical examination. This is done to ensure that only healthy animals are being vaccinated. Owners are informed of any health conditions that warrant further attention and are encouraged to see their local veterinarian, Such conditions include, but are not limited to, dental problems, cardiac conditions, ear infections, and skin conditions. Owners are also encouraged to spay/neuter their pets and are informed of the pet overpopulation problem as well as the health risks that intact animals face. H& H Veterinary Services dces not provide this service but we advise our clients to call their local veterinarian. 3H � Reminders are sent to pet owners for booster vaccinations. Test results for Feline Leukemia are mailed within a week of testing. The owner of any cat testing positive is contacted personally by the veterinarian and is advised on how to proceed. H& H Veterinary Services revisits each store every 3- 5 weeks in order to provide timely boosters. Each client is advised to stay in the store for at least 15-20 minutes after vaccination so that we may be available in case of any immediate reactions. Also, our phone number is located on every form received by our clients so that we may be contacted in case of any delayed reactions. : � � � H& H Veterinary Services keeps complete records of every animal vaccinated or treated. A reminder system is also kept to notify owners of test results and boosters needed (both initial and annual boosters). H& H Veterinary Services will make these records available to the State Department of Animal Health, the pet owner, any other authorized party and, upon owner request, any other licensed veterinarian. Loc= H& H Veterinary Services will operate inside the Fridley Pet Food Warehouse store. The clinic will be set up in the receiving area in the rear of the store in order to limit public access. A diagram of the ciinic area is provided. Li hting There are three fluorescent light bulbs, each eight feet long, located directly overhead in the area of the examination table. Three more eight foot bulbs are located in the rest of the receiving area. These provide adequate lighting for examinations and administering of vaccines. Ventilation A temperature controlling fan is located directly above the front of the clinic area to provide adequate circulation of air and elimination of odors. Noise The receiving area is away form most in-store noise. All clinics are held on weekends when no shipments are received. Set-LJ� Tables will be set up, as shown in the attached diagram of the c�inic area, in a way that will prevent public access to biologicals and biohazards, and will allow a thorough physical examination of the animal to be done. 1'he arrangement will also prevent congestion, as the entire empty receiving area will serve as a waiting area. 31 0 Biologicals and Sup lp ies -- H& H Veterinary Services uses only tested products from reputable companies. Some of our vaccines are: IMRAB from Pitman Moore, Eclipse-4 from Solvay, LymeVax from Ft. Dodge, CoughGuard from SmithKline Beecham, LeukoCell-2 from SmithKline Beecham, etc. We always have available a"crash kit" for anaphylactic reactions, which includes epinepherine, fast acting steroids, lactated ringers, IV catheters, etc. . During the clinics, biologicals and pharmaceuticals are stored in coolers with ice packs. At all other times, they are refrigerated at 4C. At all times, all supplies are kept out of public access. �'Vaste Management H& H Veterinary Services has an Infectious Waste Management Plan with the Minnesota Department of Health. All biological waste, including syringes, needles and vaccine .vials, is stored in Biohazard containers and is kept away from public access, in accordance with state guidelines, until it is properly disposed of by a medical waste disposal company. Yeterinarian and Assisstants Uri Herzberg, D.V.M. is the veterinarian for H& H.Veterinary Services. Dr. Herzberg graduated from Washington State University, College of Veterinary Medicine in 1991. Dr. Herzberg is licensed to practice veterinary medicine in the states of Washington, Oregon and California and has a Temporay Permit to Practice Veterinary Medicine in the State of Minnesota, pending veterinary licensure examination results. Dr. Herzberg's assisstants are veterinary medical students at the University of Minnesota. All vaccines are administered by the veterinarian. Insurance H& H Veterinary Services carries Professional Liability Insurance through the American Veterinary Medical Association. This also covers any Veterinary Medical student working under Dr. Herzberg's supervisio�. 3J Member hins Dr. Herzberg is a member of the American Veterinary Medical Association and has submitted an application to the Minnesota Veterinary Medical Association. H& H Veterinary Services is a member of the Fridley Chamber of Commerce. Attached(copies) 1. Temporary Permit to Practice Veterinary Medicine in the State of 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Minnesota. Letter sent to the cities of Roseville and Maplewood. AVMA Professional Liability Insurance renewal notice. Washington State University degree of Doctor of Veterinary Medicine. American Veterinary Medical Association membership. Business License for City of Roseville. California State Veterinary License. Oregon State Certificate to Practice Veterinary Medicine. Washington State Certificate to Practice Veterinary Medicine, Surgery and Dentistry. Application to the Minnesota Veterinary Medical Association. Acknowledgement of Receipt of Infectious Waste Management Plan by the Minnesota Department of Health. 12. Infectious Waste Management Plan. 13. Fridley Chamber of Commerce membership. 14. Blueprints of Fridley Pet Food Warehouse store. 15. Diagram of Clinic Area. 3K r _ � Community Development Department PI.ANNING DIVISION City of Fridley DATE: January 28, 1993 /� _ � TO: William Burns, City Manager �:� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Comprehensive Sign Plan Amendment for Moore Lake Commons West Attached please find a proposed comprehensive sign plan amendment for Moore Lake Commons West, to permit signage for Sport Spree, which will be occupying the former Country Club tenant space. The proposed amendment will permit signage on the west wall of the shopping center and more clearly defines the amount of signage permitted on the front wall of the tenant space. AYso attached are drawings of the proposed signs for the front and west walls of the tenant space and for the pylon sign. The proposed signage (12Z square feet) is well within that permitted by code for wall signs (154 square feet). The proposed signs are individually lit letters, consistent with existing signage of other tenants in the shopping center. Staff recommends comprehensive sign shopping center. MM/dn M-93-36 that the City Council approve the proposed pZan amendment for the Moore Lake Commons West _ _ . ,__...... ... . �... .� ...... �... ..,.,.. . �. �. . ,� ,� y u �,�,�:,. i HEXA� Mf�NAGEMENT CO. , 4109 HIGHWOOD RO. ORONO. MINNESOTA 55364 t612) 472-1270 January 21, 1993 Ms. Barbara Dacy City of Frid�ey 6431 University Ave. N.E. Fridley, NII�T 55432 Re: Sports Spree signage Dear Barb, Enclosed you will find .drawings for the proposed signage for Sports Spree as well as a cop�r of the revised Sign Criteria for the shopping center. Proposed changes to the sign criteria are highlighted in bold print and reflect the clarifications necessary to accommodate the signage proposed by Sports Spree. The drawings enclosed are preliminary.but any changes to them �vould adhere to the amended sign criteria. If you have any questions or need additional information, please give me a call. Sin Pla�a Partners plebaum Partner . . $xa=szT n SIGN CRIT$RIA MOORB LARB COMMONS (FORMERLY S80RE�OOD PLAZA) Ameade8 1-20-93 These criteria have been established for the puxpose of assuring an outstanding shopping center, and for the mutual benefit of all Tenants. Conformance will be strictly enforced, and any installed nonconforming or unapproved signs must be brought into conformance at the expense of Tenant. The City oi Fridley s.trictly enforces its sign ordinance. Al1 provisions of this Sign Criteria, are subject to review and approval by the appropriate City authorities which have the final. authority to grant or deny sign permits notwithstanding the terms of this Sign Criteria. A. General Requirements (1) Tenant shall submit, or cause to be submitted, to.the Lessor for approval before fabrication at least three copies of detailed drawings•indicating location, size, layout, design, and color of the proposed signs, including all lettering and/or graphics. (2) The Lessor shall return one (1) set of the sign drawings, as soon.as possible to the Tenant. The drawing will either be marked "Approved", "Approved as Noted", or ��Disapproved". Sign drawings that have been �Approved as Noted", are to be returned to the Lessor bearing Tenant's approval, or are to be redesigned and resubmitted for Lessor's approval within seven (7) days of receipt by Tenant. Sign drawings that have been disapproved are to be redesigned and resubmitted to Lessor for approval, also within seven (7) da.ys of receipt by Tenant. (3) After the sign has been approved by the lessor, the approved sign drawing with Lessor's signature, must be submitted for approval of the City of Fridley prior to erecting the sign. (4) No sign shall be permitted outside of the designated sign band area except as provided herein. (5) Al1 permits for signs and their installation shall be obtained by Tenant or its representative. (6) Tenant shall be responsible for the fulfillment of all requirements and specif ications. .- 0 B. Design Requirements (1) Signs shall be permitted only within the sign areas on the building as designed by the Architect, and as ameaded by reguests approved by the owner aad the City of Fridley. (2) The vertical dimension of all wa11 signs, excludiag teaant logos, shall not exceed 24n in height, except that signage attached to the west wall of the shopping ceater shall be excluded fram this height limitation. (3) The total wall sign area for each Tenant shall not exceed 15 times the square root of the lineal length of the wall to which the siga is to be attached, provided, nevertheless, that the horizontal dimension of signs attached to the sign baa8 on the front portioa of the shoppiag ceater shall not exceed the Tenant's store width less 3 feet. (4) No signs of any sort sha11 be permitted above the roof line. C. General Specifications (1) A11 wall signs shall be composed of individually mounted and 1it lettering. No canister type signs shall be allowed. {2) At Lessor's discretion, all wall signs shall be a uniform color. In such case, however, corporate logos may be in the Tenant's typical color scheme. (3) Painted lettering will not be permitted, except as specified under Article D-2. (4) Flashing, moving or audible signs will not be permitted. (5) Landlord shall allocate space on the pylon sign in its sole discretion. The cost associated with the pylon sign sha11 be prorated among the Tenants making use of the same in proportion to the area their part of the pylon sign bears to the total pylon sign area. (6) All electrical signs shall bear the UL label, and their installation must comply with all local building and electrical codes. (7) �vo exposed conduit, tubing or raceways will be permitted, except where there is inadequate access behinfl the proposed siga location. � � (8) No exposed neon lighting shall be used on signs, symbols or decorative elements. (9) A1Z conductors, transformers and other equipment shall be concealed. (10) Electrical service to all signs except the ground sign and the pylon sign shall be on Tenant�s meter and not be a part of Common Area construction or operation costs. (11) All signs, bolts, fastenings and clips shall be of hot dipped galvanized iron, stainless steel, aluminum, brass or bronze, and no black iron materials of any type will be permitted. (12) All exterior letters or signs exposed to the weather shall be mounted at least 3/4~ from the building wall to permit proper dirt and water drainage. (13) Location of all openings for conduit and sleeves in sign panels of building walls shall be indicated by the sign contractor on drawings submitted to the Project Architect. Sign contractor shall install same in accordance with approved drawings. (14) No signmaker's Zabel or other identification will be permitted on the exposed surface of signs, except those required by local ordinance which shall be in an inconspicuous location. � (15) Al1 penetrations of the building structure required for sign installation shall be neatly sealed in a watertight condition. (16) Sign contractor shall repair any damage to any work caused by his work. (17) Tenant sha11 be fully responsible for the operations of Tenant's sign contractors. D. btiscellaneous Requirements (1) Tenant will be permitted to place upon each entrance of its premises not more than 144 square inches of gold leaf or decal application lettering not to exceed two inches (2��) in height, indicating hours of business, emergency telephone number, etc. (2) If Tenant has a non-customer door for receiving merchandise, it may have uniformly applied on that door in a Iocation as directed by the Pschitect, in two-inch high block letters, Tenant's name and address. (3) Lessor shall install on the front of the building, if . � required by the U.S. Post Office, the numbers only for the street address. Size, type and color of numbers shall be as determined.b� the Lessar. $. Temporary Sigas (1) Temporary signs shall be limited to the use of banners, pennants and holiday signs in Tenant's interior window area for use not more than sixty (60) days within one calendar year. (2} Window signs shall not exceed fifteen (15g) percent of Tenant's window area or 25 square feet, whichever is greater. F. Administration In the event of any conflict of interpretation between any Tenant and the Owner as to the application of these criteria, the Landlord's decision shall be final and binding upon the Tenant. Approved as to Lessor: Approved as to Lessee: '-E�� 4E �:�! i z 0 < Wb �� in \ \ ` � � f— N -� . W � 0 Y o a � . �¢ 4< w �i $ a U v �¢�� a¢g� o � � N ��s � � <� <_ � <> �W �Q��R ��A:ama��° J ti J � � � z ,..i N N Y � o� a ��Z- .N 5��^ cy�� :? �m':?:? L 'r i� 'v ' <�_� � �� N ��R N C O .y .; d a ly A � � 0 1.n d a 6 1� Nc G O N /��.:� V � Q � � � U � C. m O � G . N � � � J 0 � � U � � � � C � Q � � � C '_; A 3S w z Z � u �S' � Z $ s e � �$� � N u � •Q v a ¢ pIOJCCt Address City Stace 12' SPREEPYL MOORE V+KE CAMMONS FRlDLEY MINNE50T11 Scale �� a ,� Drawn by JK Salesperson BP Date 1/18/93 � Revisions Customer Approval Daie This Dawing is t!u p�openy o{ schad�tracU siqns 325 Miooewu Ave. N 1610 E CIiS Rd. O(oaa0. MN 3596P0364 Bmowi�e, 44�155337 (307)367•2631 � (612)894-2t21 cson 3st•z�3 �u� (612) 8942748 (fu) � r � F n tQ C Z � U W � ¢ w � � J J Q � � � � Z � � � � � � � � � O � � � 0 U2 y� �X W � � Z g a w F$� ��¢��s�� <��«�� > �5��AR �F:,:asa�rs w ,� ��GS S V �� 2< O � � §a r � lzil ^ C� � �S S `" �p� � t3 : • �- � -� � � � C " LL CT �="�s �. •� � �� u =mv:°. � � <�_� � �s�� y�j ��€ N � � .y �; u a I� A � > 0 V a n. < .. � E 0 N .7 U �a �c � � � T ? u 3 y A m � O N = a u � y Q � � �' z z � � � � U v�i N � i s � � � � . y N � �� Q � � � . Community Development Department P�vNrivG D�SION City of Fridley DATE: January 27, 1993 � TO: W,illiam Burns, City Manager� FROM: Barbara Dacy, Community Development Director Lisa Campbel� Planning Associate �� SII�.TECT: Consideration of 1993 Community Development Block Grant Application and Reallocation of the 1991 and 1992 Community Development Block Grant Funds. February 26, 1993, is the Anoka County deadline for the 1993 Community Development Block Grant (CDBG) application. It is estimated that in 1993, the City of Fridley will receive $103,000 in CDBG funds. The Council conducted a public hearing regarding this matter on January 19, 1993. Attached please find the 1993 CDBG application. The City of Fridley is proposing that $71,400 be allocated to the proposed Housing Rehabilitation Program (slum/blight). The p=oposed 1993 Human Services allocation is $30,600. The County of Anoka receives the remaining $1,000 as an administrative fee.. . 1993 CDBG PROPOSED FUNDING Activity Amount Administration Fee Sium/Blight (Housing Rehabilitation) Human Services $ 1,000 $71,400 $30,600 In addition to the 1993 allocation, staff recommends that the 1991 and 1992 Riverview Heights Project fund balances be reallocated to housing rehabilitation. The 1991 and 1992 balances are $43,677.43 and $35,053.00, respectively. Once these monies are reallocated,. there will be $150,130.43 available for housing rehabilitation. � Consideration of 1993 Community Development Block Grant Application and Reallocation of the 1991 and 1992 Community Development Block Grant Funds. January 27, 1993 Page 2 � Staff Recommendation Staff recommends that Council approve the 1993 CDBG funding proposal and application for submission to Anoka County and the reallocation of $78,730.43 from the Riverview Heights Project to the Housing Rehabilitation Program. LC:ls M-93-38 5A CITY OF FRIDLEY 1993 COMMUNITY DEVELOPMENT BLOCK APPLICATION : 1993 CDBG PROPOSED FUNDING Activity , Amount Administration Fee � $ 1,000 Slum/Blight (Housing Rehabilitation) $71,400 Human Services � $30,600 5C HOUSING REHABILITATION CDBG PROPOSAL FY 1993 City of Fridley 5D HOUSING REHABILITATION Project Overview The City of Fridley will offer the Housing Rehabilitation program to low to moderate income Fridley residents for the purpose of maintaining and improving the City's aqing housing stock. This program will be available to targeted neighborhoods. At this time, the selection criteria for defining a targeted neighborhood has not been completed. The City is in the process of hiring a Housing Coordinator. The Housing Coordinator will work immediately to develop selection criteria for defining targeted neighborhoods. Program requirements will be dictated by HUD rules regarding type oi housing, owner occupancy and loan amounts. CDBG ActivitV The proposed project will assist low to moderate income residents in maintaining and improving their single family residences. This year FY 1993, the City of Fridley City Council has allocated $71,400 to this project: Targeting the rehabilitation funds will also help to improve liveability and quality of immediate neighborhood. Funding Summary Total 1993 CDBG Project Costs . . . . . . . . . . . . .$71,400.00 Proiect Duration The project for which CDBG monies are committed will be completed in 18 months of project approval. Goals of the Proiect 1. To provide funds for low to moderate income households to correct health and safety code violations and problems in their homes. 2. To improve the liveability and appearance of specific neighborhoods within Fridley. Project Contact Person Barbara Dacy, Community Development Director, City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432 5E PUBLIC AND HUMAN SERVICE FUNDING CDBG PROPOSAL FY 1993 City of Fridley �� PUBLIC AND HUMAN SERVICE FUNDING Project Overview The City of Fridley in its effort to provide needed services to its residents is providing assistance to groups who (1) provide service to predominantly lower income people; (2) need funding for facilities, supplies, operating expenses, or staff time, but not construction; and (3) seek CDBG funding which will not substitute for previous regular funding from City of Fridley which was not CDBG monies. CDBG Project Activity The project activity being proposed in this application involves the funding of service groups who have taken out applications with the City. Applications will be ranked based on the funding priorities of the City and qualifications of the HUD CDBG guidelines are satisfied. Funding Summarv ' Total 1993 CDBG Project Costs . . . . . . . . . . . . . $30,600.00 Project Duration The project for which CDBG monies are committed will be completed in 18 months of project approval. Goals of the Project 1. To maximize the benefits to the citizens of Fridley from the limited resources available for public and human services funding. 2. To cost effectively provide public and human services that might not otherwise be provided through the public sector. 3. To provide a means of responding to the changing needs and interests of the community. Project Contact Person Steven Barg, Planning Assistant, City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432 5G � j:''.� �//ii, �,,: ` � ,',.��A\ /, t� ., {� , ,. ::� +t•. ,r ... POLICE DEPARTMENT C�ty of F��diey Minnesota OATE JANUARY 28, 1993 FROM DEPUTY DIRECTOR SUBJECT JOINT POWERS AGREEMENT ANORA COUNTY MEMORANDUM TO BILL BURNS, CITY MANAGER DIREC'FOR HILL � X INFO The City Council approved the purchase of three Mabile Data Terminals for the police department for 1993. This is to supplement one Mobile Data Terminal (MDT) which will be provided by Anoka County. Attached is a Joint Powers Agreement allowing Anoka County to act as our purchasing agent in an effort to secure "advantageous terms" by purchasing MDT's from the Hennepin County Contract. Please have the Mayor (or appropriate council Member) sign the agreement on behalf of the City, if the agreement is approved. Staff recommends approval of The Joint Powers Agreement at the Council Meeting on February l, 1993. The signed agreement will have to be back to Anoka Cou�ty by February 23, 1993. DHS/sa � F� •n ;•a : �: : I ��R.�tf�rczft.xth , , {�,rtti`fzi �: ,: :.; :` . . �t>.>t i, . K t.t>t t . . : . , . ..,. . . . .. .... .. ...... .. .. ... . .. . . . . ... . . . . ... . . . . . ... . . .... . . . ... . ` 2� i+.. . w: T.. �i a i :.2, �2 )�. ti: 7 YS l JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT, made and entered into between the undersigned local unit of govemment (herein "municipality") and the County of Anoka (herein "County"), each acting by and through its governing body, pucsuant to Minn. Stat. §471.59 providing for the joint exercise of powecs. WI'INESSETH: WHEREAS, the Cbunty and the municiQality joined together with other tocal governmental units located within Anoka County by joint powers agreement to form the Anaka County Joint Law Enforcement Council; and WHEREAS, the Anoka County Joint Law Enforcement Council has recommended implementation of a mobile data terminal communication system in Anoka County and Anoka County is in the process of such implementation; and WHEREAS, Anoka County has agreed to purchase one mobile data terminal for each law enforcement agency participating in the Anoka County Joint Law Enforcement Council and is willing to act as purchasing agent for the municipality for any additional mobile data terminal • units the municipality chooses to request; NOW, THEREFORE, in consideration of the mutual agreements contained herein and in exercise of the power granted by Minn. Stat. §471.59, the parties to this agreement do mutually agree as fotlows: 1. PURPOSE The parties agree that they have joined together for the purpose of providing for the purchase of mobile data terminals. The parties acknowledge that Anoka County has a joint powers agreement with Hennepin County which will permit the County to purchase mobile data terminal units under advantageous terms of a Hennepin County contract which terms are available if purchase commitment is made prior to March 6, 1993. 2. TERM This agreement shall begin effective February 23, 1993 and end effective December 31, . 1993, unless terminated earlier by either party, with or without cause, upon thirty days written notice to the other party. 3. MOBILE DATA TERMINALS PURCHASE The County agrees to act as purchasing agent for the municipality for mobile data terminal units requested in writing by the chief law enforcement officer of the municipality. The costs for any mobile data terminal units the municipality chooses to purchase shall be the responsibility of the municipality. Anoka County will provide information on the total cost amount of requested units to be paid by the municipality and the date by which funds for payment of the cost amount must be received by the County. . � 2 4. CONTRACTS AND PURCHASES All contracts and purchases made pursuant to this agreement shall be made by the County ana shall conform to the requirements applicable to the County. S. DISBURSEMENT OF FUNDS AND PROPERTY All funds disbursed by either party pursuant to this agreement shall be disbursed pursuant to the method provided by law. Funds to cover the cost of the mobile data terminal units purchased by the Gounty at the request of the municipality are to be provided to the County prior to the date payment of the cost must be made to the vendor by the County. Any mobile data terminal units purchased with funds provided by the municipality will become the property of the municipality. 6. STRIC'I' ACCOUNTABILTTY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. 7. ENTIRE AGREEMENT : This joint powers agreement constitutes the entire agreement of the parties on the matter related hereto. The agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. IN WITNESS WHEREOF, the parties have signed this Agreement on the dates below: ANOKA COUNTY Dan Erhart, Chair Board of Commissioners � MUNICIPALITY Dated: , 1993 Dated: , 1993 Attest: By: John "Jay" McLinden County Administrator .: Engii�eering Sewer 1Na�er Parks Slreets Mainten�nce MEMORANDUM . TO: William W. Burns, City Manager �� PW93-030 FROM: John G. Flora �Public Works Director DATE: January 25, 1993 SUBJECT: Annual Seivice Contracts We have received quotes for two of our service contracts which we request annually. One is for the tree and stump removal and the second is for the spring street sweeping. Outside Services, Inc. was the only firm that responded to our request for the tree and stump removal. Their bid is less than the bids we received last year. The budget amount for this item is $25,000. The exact amounts are not established untiI the actual trees and sizes have been determined. In our street sweeping contract this year, Allied Blacktop Company was the low bidder at $S7/hour. We have $18,000 budgeted for this service. In order to ensure that there would be no questions regarding these contracts, I recommend the City Council receive the bids and award the tree and stump removal contract to Outside Services, Inc, and the spring street sweeping contract to Allied Blacktop Company. JGF:cz 7 �_� . �.. , Submitted by Department PUBLIC WORKS Acoount No. 4340 John G. Flora contracted CiTY OF FRIDLEY Attachment B Budget Detail Form Dotiar � Amouni Requested lnc./Dec. Over Last Year 0.00 Total Budget Requested �165,000.00 Vehicle and equipment subiet repair Rubbish hauling/City dumpsters/land- fiit hauling Contract snow removai - Contract street sweeping � Contract diseased Vee/stump removai Buiiding 8� HVAC repairs Building Geanirig service Lock and security repairs (alarms) Electrical repai�s Storm warning services Fire ext. �echarge service Corridor maintenance Concrete curfi 8� gutter repair Radio repair, pager air time Weed and {awn aquatic applications Roof maintenance & repair Miscellaneous services - used tires, � sco�eboa�d, etc. TOTAL Budget Year 1993 STREET� PARKS, MECHANICS City Manage�'s Recommendation 15,000.00 15,0OO.OQ 16,500.00 18,000.00 -� 25,000.00 --� 3,000.00 6,000.00� 3,000.00 2,500.00 2,500.00 1,000.00 17,000.00 15,000.00 2,000.00 15,000.00 2,000.00 6,500.00 a165,000.00 0 Counal's Deasion Eng+neenng Sewer waler Parks Sirects hlainlenai��e MEMORANDUM TO: William W. Burns, Ci Mana er �'� , PW93-032 � g �� FROM: John G. Flora, Public Works Director Scott Erickson, Assistant Public Works Directo{� ,DATE: January 25, 1993 SUBJECT: Resolution for Miscellaneous Concrete Curb, Gutter and Sidewalk Project, Project No. 24� Attached is the resolution ordering advertisement of bids for the 1993 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245. This resolution is being provided for execution by the City as mandated by State law. This project covers the remedial sidewalk, curb repair and replacement in the City whether due to utility repairs or to driveway entrance permits. Recommend the City Council approve the attached resolution. SE/JGF:cz Attachment : I�; �i •. •, . � ItE9p7�iT1'I@1 1�. - 1993 • �: � � •� • • � �• � • � �•� y:n ia� • • : r�c • a+ • � u • W�+ i� � � w� � ia• •�� W�� •�: r �• � i� �� ►� ••,• a • WI�REAS, the c�onstruction of cextain i�roveqnents is deemed to be in the interest of the City of Fridley and the property awneYS affec-t�ed thereby. 1�W, T�EFORE, 8E IT RESOLVID by the City G�au�cil of the City of Fridley, Anoka Caanty, Minnesota as follcyws: l. That the follawing improvements proposed by Cbuncil Resolutions are hereby ordered to be effected ar�d ooanpleted as required: Re�maval and replacement of miscellarieous concrete curb, gutter and sidewalk. 2. The plans and specifications prepared by the Public Works Director for such i�ravements are hereby a�rwed and shall be filed with the City Clerk. The Public Works Director shall aaco�iirigly prepare and cause to be inserted in the official new�papex advertis�m�nts for bids upon the making of such improvements under such appraved plans and specifications. 'Ihe advertisements hall be published for three (3) week.s (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 11:00 a.m. W�.S�AY, 1�,R�i 3, 1993, and that no bids will be c5onsidered unless sealed at�d filed with the Public Works Direct.or. 'IYiat the advertise- ment for bids for REMdVAL ADID REPI�� ' l�IISCELL�IDOU3 CU12B, GUITER AI�ID SII�Ef�R PtbO►TEGT Nt�. 245 shall be substantially in the st.aridard form. PASSID ATID ADOPTID BY Tt�: CITY aDUNGZL OF '1� CITY OF FRIDLEY THIS 1ST D�AY OF FEB�iRY, 1993. ri Y4�•`s�iFa 1.�/��1i1 : u . �I. � u1': YY M�I: � • �� y�TTTAM J. NEE - MAYOR Eng+neering Sewer W�ler Parks Sireets Mainten�nce MEMORANDUM TO: William W. Burns, City Manager �� ' PW93-023 ,'.� FROM: John G. Flor�ublic Works Director Scott Erickson, Asst Public Works Director DATE: January 20, 1993 SUBJECT: MSA Street Variance On Wednesday, December 16, 1992, the Municipal State Aid (MSA) Variance Committee, contingent upon a resolution adopted by Council, granted a variance to use the e�risting 40 and 50 foot wide existing right-of-ways in lieu of the requirea 60 foot right-of-way for Monroe Street, Brookview Drive, and Regis Iane reconstruction. The attached resolution indemnifies and holds harmless the State of Minnesota for actions arising from granting of the variance. The difference in right-of-way widths does not affect the project or the safety at these locations. The State requires the resolution prior to final approval of the variance. Attachment �. i � .. �.. , RFSOI�]'1'I�T I�U. - 1993 RE90LT7'1'IaQJ AND �IDIIaG I�83 Ti� STA`i'E ' OF N� FOR AGTI�S ARISIIaG F�OIrI � GRA�II4G OF A VARIAIJ� O�T S.A.P. 127-316-05 (N�IliDE STRE�,T) � S.A.P. 127-325-01 (BIi00KVIEW DRIVE), AUID S.A.P. 127-351-01 (REGIS DRIVE) (CITY P�OiTE�C.T l�U. 1993-2j �, the City of FYidley regiested a varianc�e frcan Minnesota Standard Procedure for a 40 foot ar�d tw� 50 foot right-of-way widths in lieu of the required 60 foot mininrrm right-of-way width on the follawing street seqments: • Monroe Street - 67th Avern�e to Rice Creek Terrace (50 ft) • Brookview Drive - 68th Avenue to Rioe Creek Z�erraoe (40 ft) • Regis Drive - Regis Iane to Hathaway Iane (5o ft) WI�REAS, the Depar�nt of Transportation of the State of Minnesota has granted the variance r�quest as herein described. NC1W, TF�REFORE, B� IT RESOLVED by the City of FYidley, Minnesota that in acaordance with the Minnesata Department of Transportation requirements for granting the requested variano�, the City of Fridley hereby indemnifies, saves and holds harml.ess the State of Minnesota and all its agents and employees of and frarn ariy and all claims, demarids, actions, or causes of action of any nature or r.haracter arising out of or by reason of, in any matter, the reconstruction of the three street segments mentioned abave in any other manner than as in aa:o�tlance with Minnesota Rules 8820 and further agrees to deferyd at their sole c5ost and expeizse any action or prooeedirig c�canenced for the purpose of asserting any claim of whatsoever character ari,sing as a resu].t of the granting of this variance. PASSED AI�ID ADOPTED BY Ti� CITY QOiAaCIL OF TI� CITY OF FRZDLEY Z�IIS DAY OF , 1993. �f�� WILL.TAM A. Q-i�A - CITY CLII2K • � WILLIAM J. 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F „ c �•:::' �.l ::, � � •.• _ s ..,:o �`• u �, �I•+f`tf:r-�� _ � r '�y ` ~40 � �/� � � _�.�':t�:i-rI(F _..._.�)'� � , •; !� . .3 `r�c....�,I}�-tl::i_. _ � � ��y' �� t �` ' 'I,i�r1i.Lii� � t^ � �.. '�±n' � , �I � n� V .... C -•.: � � �i.i.��• �. I t i LJ tJ c a=��4 ii..� _�' ��, � Y ' r ti iJ^ • �i�:. :��T v ' =1,�r'�� ~ _�'' - �.' � e � �% S• >- � ::��s>t�.hi:�" ==: _�� Ur� � AKE c �� .�. ... � I w _�._H^':r:�''y � � L e; t a i .: �•_ � ^, i E �. -- ,..,. � I_'± ,y� _�� M��R ��N� ` � _ .:_":: �~ _ � I � I �:�: � �.J� 1�1�. �!-i � J �'' �.• �J ' ` � c � � _ ""'' , -.: i�'^ I c �� i'• . i r.�•��-t;,.... • `,..� Gil � i � ��I��'��'^Tl,"','. � ' _ � rin9'�79 ^c4�' � ni� �, �.� ��II�� .7"9�.. �� ac � i�� '.i��i�� i�� '�9nn� ::�. I ' ' i � Q l ,,,,•,��.,,,; ,, � ,, �� ,.,,�-, �;,.,., � '°�� •��,��„ � , , , ,,,,, �,�_ .�„ .. , d��'��'�t'��i��i��i� �. ,�,� t'��J�A,' � �(—�—_ �.r�--1--� t � d��'��I��lyi��iii� �'�y(l'��+�;=y��• o �1.—`_ � I I � " � . M • �r �i��'�� u� u� i'1�� "s�'�?'• � _ . � 1�� 11�1�1�111�1� I 111 �.r.r_ �r � r.r .r ��li��l�lll��l��ll��lll •� �'li' � / ' i .... __ � � _ �`�,: a �� _�� - •n. • -- --� � � ` -�i � i r � -� �� } �•'Sk I `'�.�, -- ! ;,.Z fl " t° )� % `� ~ ;�n r''y:� � 'i; I � � t' �' �..., r � -: e 0 ^ y�-,p ,f�i '< � M � �' � �� L��t �� , �i� , � � � , i i '��' _/-�� 1�;N � � I . , _(�� ;� , �._� : o : � ... � � � � � .. -:=--_ -- ' � �__7 9 � �-� - - �,, _ _- - - j � -- � : �.� u � .�.... . , ;� ._ - -- - � 1��'�r (�n r� r� nn n i��,-.� o, , :� � _ ! ;t � �T� �-� ��(� �� `�,ti�=-`�` ;,-� I Eng��ieer�ng Sewer Waler Parks S Ireets Mainten�nce MEMORANDUM .� �� TO: William W. Burns, City Manager�. PW93-029 FROM: John G. Flora,� Public Works Director DATE: January 25, 1993 SUBJECT: 6 Cities Watershed District Appointrnent The Joint Powers Agreement establishing the 6 Cities Watershed Management Organization (WMO) requires representatives to be appointed by resolution of the member cities. Scott Erickson has replaced Mark Winson as the Assistant Public Works Director, and it would be appropriate for the City Council to pass a new resolution identifying the representation to the 6 Cities WMO. Recommend the attached resolution be approved by the City Council designating myself as representative and Scott Erickson as the alternate representative. JGF:cz Attachment 10 '� . �.. ; RE90LUI'ION I�U. — 1993 - -. .� • •• . . u � • �• •� �+ v� � • u•� - r� r� ^r� �•.:t i�. r� r• H�; ia+ .•.e�• •t �S, the City of Fridley entered into the Joint Pr�wers Agreement establishi.rig the Six Cities Watershed Management O��anization, and Wi�, the City is to appoint one Representative arid one Alternate Representative as a member of the Six Cities Watershed Organization, and W�, the appointed m�mber is also to be designated as the Subdistrict Representative of the Six Cities Watershed On�anization. NbW, Tf�oRE, BE IT RE.90LVED, by the City C�ouncil of the City of Fridley, County of Anoka, that Jod�n Flora is appointed as the City Representative to the Six Cities Watershed Management Organization and Scott Erickson is appointed as the Altexnate Representative. PASSED AND ADOP'!'ID BY TI� CITY CJOUNCIL OF TI� CITY OF FR.IDLEY THIS ffisiY OF � 1993. :fti�� WILLSAM A. C�i�MPA — CI`!'Y CIERK 10A WILLIAM J. NEE — NIAYOR � TO: FROM: DAT'E: SUBJECT: Eng+neenng Sewcr L'Jaicr P3rk5 Slreets '�Ylaintenance MEMORANDUM William W. Burns, City Manager��i � J hn G. Flora �Public Works Director � lyde V. Moravetz, Engineering Assistant January 25, 1993 MSAS Route Changes Request for Fridley PW93-031 On Apri127, 1992 the City Council informally approved a list of new designated State Aid street segments, and a second list of existing State Aid street segments to be revoked. The preliminary approval of the Council was intended to initiate City staff discussions with the Minnesota State Aid staff. � Recently, we received partiai preliminary approval from the District State Aid Engineer on the recommended changes. As of December 31, 1992 our Street Certificate of Mileage is as follows: Basic Mileage for Computation (total street miles) Percentage MSAS Limitation Maximum Mileage Allowed for MSAS Designations Total Current MSAS Designation MSAS Mileage Available for Designation 126.04 x 20% 25.21 23.98 1.23 We are not recommending total revocation of the phantom streets in Fridley at this time. We will retain the State approved list and revoke as we add new streets to our MSAS system. This will allow us to maintain maximum mileage allowed and will increase our State Aid needs money. . The attached resolutions reflect a revocation of 0.41 miles and a new designation of 1.54 miles. �_� . �.. � 11 January 25, 1993 Page 2 Authorization of these resolutions will result in the following MSAS system totals. E�risting MSAS Designation Proposed New MSAS Designation Proposed MSAS Revocation Proposed MSAS Designation M�imum MSAS Allowed Miles 23.98 + 1.54 - 0.41 25.11 25.21 Recommend Council approval of the attached resolutions at their next meeting. This will allow us tune to submit 'needs requests' for the new street segments and thus increase our MSAS needs money for 1993. CVM/JGF:cz Attachment 11A RESOLUTIO�J I�: - 1993 •�� • � •� •� • �� i . -�+V, ;- �� +��4= W�P,S, it is evident to the City Cauncil of the City of �idley that the streets herein referenc,ed sh�ald be revolc,ed as Municipal State Aid Streets ur�der pravisions of Mit�.sota Laws . " N7W, Ti�F01�, BE IT RE90LVID by the City Ca�mcil oi the City of Fridley, Catianty of Anoka, that the streets de.scribed as follaws, to wit: Control Section S�.nt Termini Miles 310 010 83rd Ave — E River Road to Ashton Ave. .30 MSAS #310 TOTAI, .30 321 020 Hathaway Lane — Regis Dr to Matterhorn Dr. .11 (Partial) PtiSAS #321 TO►I'AL • v� • �a�� . .11 .41 be and hereby are revoked as Municipal State Aid Streets of said City subject to the apprav�al of the Commissioner of Minnesota Department of Transportation. BE IT FU1�PI�R RE90LVED, that the City Clerk is hereby authorized and directed to forward two (2) certified oopies of this Resolution to the Ccarnnissioner of the Minnesota Depaztment of Transportation for his appraval of the revocation of said Municipal State Aid Streets. PASSID A1�ID ADOPTID BY TI� CITY DOUNCIL OF TI� CITY OF F'RIDLEY Tl�S I�FiY OF � 1993. A�T: +v « ►• �• • « �� WILI�AM J. NEE - MAYOR -�-�--T `'� ` ��i� o�' � J. ,`,\� .... . �a ;vo �d'`,°.`�,�`'��)^'_..��k7� �o: 5��j:�j:':f�� ijl��J,. '\;:,� ��..�n,•d"�, =2� od�a�u J�J:e�A�i )7�'l'�n��i:� �� !�.9 W S wr. �� .Y..� J.'�l 1'.i n T. \aa,v-ov' ,��il �3;3�a � �..��7.oC.� ��^n��:�� . > WJ`�r.+� ''l�)�� ^� _J Jo �.b��^q��,�DJ ..i' ��.� � �ti v�-` s � ^� �A o � 7.�': �: � vdJ�+a` �•�+J3'ai Jw y�p< s„ , ,. � Y ;�' �` ._ � \ �.� t ;,,,,: �� :�Q �� :� ::,: ��„�,:,, �� O ��.. . .. �\' rr, 1 , . �.`�,,��; � '• , � � ° . �� ,,. � b �7ib .�� \�;^ , �_� ,, � = \ 1 `' 1 _� l ��°�" � a� 1- ' � � � ' �( � � � F_ I 3 . �, � N � �.� i a � ? � �'o` o('} � iL /� 1 r /� = v/ _ � i a' � �-..�wu.•.Y-'a.^.n'---- �.�;�\ � � �� `°"` �1TY OF FRVDLEY " � � � ANOKA COUNTY, MIWIESOTA � VOTiNG � � �4��.� �•�wTw� DISTRICTS � as�cTs �i CMr bw. �� M wM� i �-l-H . �M �. rw� ��f e �N r_' � . � ,�,...:�.._ .,o.�;... �a.�.e.. � I ..._. _ _ A :: �: :.;::: «........... ( �•ro. eu:' „ � j ._. 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' ° • e � ! ° � F ` 7)„^ oo:��r->nc • '•a — f �.._._ ..._.._\� . y'� e • c q o o p, o•••`• o m•LO'e c o o � �\;•` ` . � ' ....`...�" ' ° � C � s ° " Q ° � � � �a ° "1, v� + •Q��- ;JL• �R.'.��' � — — `it'_ �r�� !�`-'"•4 O:�U � � '�� •� i�.. �TIl�:Il��.� � o I��yV � � C ••. �'. !� � � �f..�] 1 . .,'_ ��M � .� W , ~ �� C �� .. " . �._'y�,_ � ]€__J[�WIL�UI' r-, : � _ � �� II 1 ' ' 3 �• _� �M $ I� r _ � ` � O R�:1'4� LI �. i� i� � ...�.,.. V ... ��` u�'; "" n �Qe; :'t ��:�`i!-. -� ,, tu o e "_=IiI'.�}.� .r� . 9C'' J � " t� ,Owc �itI1Sl�:��i' ..... S U'� 1 _- N j r c e �.�ti�;..�Cl,p.r +J"�`�J �« + ! Q p k �f+� Fr � w..�..: � ° o0 c�'v ......... a .....'•.: ..� q C � ��r n �*.�'''}' �;�: "_J ��^ Oj °, a lF_ �� '�' ° "e �!t • �� .r�Ki+s- 1 �° LpKE/��j �l , P � _ M C i V �• 9i V c.�• Q .:``: :; _ n l I �,.=!_..":...:_.. �°°RE o c�'/ a�? � -" � � C � W ��1 � � , �oc+ a Q ° s�, e Q C ao A��'� M �� ci ^ ,:. _p�i,. � � ' �'. Q � �� .._. � � �,-..:-•.; Y- - ��s7;.' � � _.. i - i o:: I � �� ! � 'r ; _. ._ _ _ / �= = - G � �-� � - \ _— � � / � `r /\ \ .. �....�. 1F� �\ � v % p / � / '�� s"�/ �J� ,-� ��__' � ��" � � ��w �� y �' i �. — r:_., � i ��a � , ' wa��i � � � � '� � ' ��r i � � r W � � � i:' � . p ■". , � �'f�) K"L; ��;�:�i;,?; } �.; �yy� ; ��;"';��;� ;�W�'''; i € 1 ;,��,�; ��y,�'��;+.�I: . � `� { � � �� I I �f -� y ;4•�Se I, � � " r��:? )� � I `� stz-, ,�- ' l i� r�Y�� I• � �� ' _ �-` ...` l { ..,� RE90LUTI�T PU. - 1993 • �: • •i, ati�v; : y;��: vi11�1 �M:Jc :�V: 4 ; �� '�+4; ��+4=. Wt�REAS, it appears to the City Council of the City of Fridley that the streets hereinafter described should be designated as Municipal State Aid Stre�ts under prwisions of Minn��ota Laws of 1967, Chapter 162. Nl7W� Tf�IttEFnRE, BE IT RE90LVED by the City Council of the City of Fridley, County of Anoka, that the streets described as follows, to wit: '�rmini 53rd Avenue — Fillmore St to Matterhorn Dr ` Cheri Lane — 53rd to Fillm�ore St. Fillmore Street — 53�1 Ave to Cheri In Ironton Street — E, River Road to Ashton Ave Matterhorn Drive — 53nd Ave to Hillwind Rd Regis Drive — Regis In to Hathaway In Regis Lane — Regis Dr. to Matterhorn Dr. 7�AL MSAS DFSIC�TION R�7QLJEST Miles .27 .38 .13 .26 .16 .22. .12 1.54 be and hereby is established, ioCatea ana a�i�ttea r�i�i�. state Aia str�ts of said City, subject to the appraval of the Ccarnnissioner of Minnesota Depa�tment of Transportation. � BE IT FURTI�R RF�SOLVED, that the City Clerk is hereby authorized an�d directed to forward two (2) certified copies of this Resolution to the C.o�anissioner of Highways for his oonsideration, and that upon his appraval of the designation of said streets that the same be constructed, i�raved, and maintained as the Municipal State Aid Streets of the City of Fridley, to be rn�m�bexed and ]mawn as Municipal State Aid Streets as established by the State. PASSID AI�ID ADOPTED BY T!� CITY �iINCIL OF Ti� CiTY OF FRID7�Y TfIIS DIAY OF , 1993. ATI'EST: WILZIAM A. CEiAMPA - CITY CL�2iC l C�l WILLIAM J. NEE - MAYOR : J \�I' J V ,ti '��j J, '�' ?'0°��M _ r«.� �., .... .. � ..� " Ulb; YSR� 1.7 : r � UIS 1 M � J J g .,�n;. « s ' 1 � � ? , " ;,,'^,�^, " ....r -� ��.a � � f v�J )o°J• �mypMn� f. n..�..wc..... •ee.,a.na n.o.u.an M i A �, ,�J � V �b��?3,'' '�� 9'9JJ� � � oio: e�iii I �f� v�� ,,,��J.��'��'): •.... ..«.� �naaw � � �� J >:-.., '>.� �� j �n 'a�n �::.�,� .o.o w�.. . � y :�:... �.. n=s.. � • �" �t � = _ • t�, - a .w n i � ,�-� �v� a 9�'i� � ...�..., .�� . .� _„_ � �� — — < , �.,, ,.,,,.,o ..� � – �� . M1� EY�L�NIITION 2 t .... � � NMS11w� . «�rw� � �. ' +"� � J ' �� ••• �� r � NMtllw •R�.�. , . . ' �� a . D Sn. i i . � _�_� � . � � `"•, -- / �■ .« _ � . .;�. --- �M:�� D TI = . e ��' � "'� \'.,� ` ❑ r...w. m e-r. _ .... \ � nut[!/A . ... � '� j � O . xn. a. � \ � ' � ``,` `. a � �' .°° � : ".«"., w.wwe . 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' �� t s � � . . � ' � �.. . _ _ � .� a� c ` � t ;�Q.� '�_' '� ' "" ' ''�w�� I�' o v 3.:`� �. _ a�a o `a.E o `� �i��^},�-�_,='•�'�� •°�• ■ s �+` ' ■�= � - � ` ^ r e . a ` o Q' ` � • c � ' c a • � c e .....� � � _.._.. � • i 3�. �')7 " n o o:� ec �� o c � > ' � .,�.9..`3?'��`' °• • e • _�� 7^. � �� o ,�� _ �� '��`�� '�"'`•� •°�,00p �'c.�a•°wac \ � �.' � - � e °oa d�� ' � D °,° ��U ��i .�. �� a /� �� (v ';4 .C�� uf�Ge;1 (_� � _ � J i�� c`".�i: �`�7' -r c-a . . i � 'Cl � �;c J � `tiv� �N�.�!:' o C" G N D:ao ti. ' 1 J.d,J'..io-� �W'• �' .' � �.. � ~ Q ! � t4� j J .a . L � O � `� �C � `:l� V �, � �� °' j _ ,. :; .... __ _ ,. _ � C—� � _.-:: .,��sQ�_ �_ :�.1 -•.�=. n- - .f�\ - �,-;''�. °�-1 �, :v �;�-;- o �� y�` � � _�� - - � -_ _M . a r i� � i a a�, t p� ' . ` i c _"', � Q �_c c.i�+�' Lj', �s v �u � - �' _ a �Qc _i�i:i tl:: ..._M a ^✓(y �' .^ I J e ••Ii�lt'.«<� � V j�uJ� _ ' � ♦ o�.� ' iI . ..� J> �" -. � 3 �c - ljI_.�-1'T, � .... ,�'�v I ..O ', C rt � ..*[ti.4:'+'�� r v�C V V i' ' t•a' � u i�-•` r e � �`t^FV 'C° :�-i�::^ �, � y'�J=':_.�' - eQ+°J � C �� J.�� _ .r oo � oa��_ _ �� ,� AKE Qo (:;t±,�, ! 4' - :f - _�'.:..r: ^'-:j� a. L os a �� .'.... � -. _..-;._: . _ �''�,i' _�. ..i:-=` - MO�RE °i�y�'�' . 1 ,i •� I y i Q � ' � � � W f : j•- �;i.iiay O �/ / ' ':'� E �l""-�' �. � C J �� J o ��[-�� % ' i o t / e � j� 'lW"�S� i � � � � J ` J{Y �:. � • I� Cl!'�_ i / ��y -- - r�.�� y - � !o„ • , � � ,�.�( ,i' __. � �� - - b.. . � . ��, - a _ : s �`� .��` ►� � � - �_ �� 1� ` � .n �: ... ,_--I �' ':� _ �_- - " ,�'� i. u� ^,,. , �i' ' _ -.;.-- .=��— 'u-- :` ",l_ ,__. _� � ..� � it t i �f= I `, ;,,� ��- � . , �s ,�,� � �� I � i �� _ � C[TYOF I FR[DLEY� MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager Memo to: Nilliam W. Burns, Citp Manaqer �, ��, From: William C. Hunt, Assistant to tbe City Manaqer � � Subject: Joint Defense Aqreement for MPRS Case Date: January 28, 1993 The City of Fridley and 35 other cities who have entered into a joint powers agreement to form the Minnesota Police Recruitment System (MPRS) have been sued by John Starks and Christopher Fields. At a meeting of the Board of Directors of the MPRS held on January 26, 1993 and attended by city managers or representatives of city managers from the 36 participating cities. It was agreed to ask the Holmes and Graven law firm to provide joint representation to the multiple defendants in this suit. Attached is a joint defense agreement and a resolution authorizing the City of Fridley to enter into the agreement. I discussed this matter with Gregg Herrick, and he approves the joint defense agreement and resolution. I request that you present this matter to the Fridley City Council for action at their meeting of February 1, 1993. WCH/jb c: James P. Hill, Assistant City Manager/Public Safety Director Richard D. Pribyl, Director of Finance/City Treasurer William A. Champa, City Clerk/Records Manager R. Marcy Everette, Finance Secretary 1 [�: REBOLIITION NO. REBOLOTION AIITHORIZINQ HOLMFS & GRAVEN TO RRPRESBNT THL CITY OF FRIDLBY IN LAWSIIITB COMMENCED BY JOHN STARRS AND CHRISTOPHER FILLDS WHEREAS, the City of Fridley has been named, along with 35 other municipalities and the Minnesota Police Recruitment System, as a defendant in two lawsuits commenced by John Starks and Christopher Fields; and WHEREAS, the Minnesota Police Recruitment System has retained the firm of Holmes & Graven to defend it in the lawsuits; and WHEREAS, the City of Fridley believes that it is in its best interest to defend the case jointly with the MPRS. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that Holmes & Graven is authorized to represent it in the lawsuits commenced by John Starks and Christopher Fields. BE IT FURTHER RESOLVED that funds in an amount not to exceed five thousand dollars ($5,000.00) be authorized to be expended from the emergency reserve for this purpose. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK ,\ 13A WILLIAM J. NEE - MAYOR JOINT DEFENSE AGRE�IT __. Aecitals 1. The• City of Fridley ("City") has been named as a defendant in two actions filed in the Fourth Judicial District, File Nos. 93-00218 and 00219, entitled John Starks v. Minnesota Police Recruitment System, et al. and Christopher Fields v. Minnesota Police ftecruitment S_ystem, et aI. ('�Lawsuits"). The plaintiffs in the Lawsuits allege that the defendants have allegedly engaged in activities that result in a racial diseriminatory impact on the plaintiffs . The complaints name as defendants 36 cities and the Minnesota Police Reeruitment System . 2. The City has been advised by the firm of Holmes & Graven in a letter dated January 27, 1993 of the ramifications, including the advantages and risks, involved in havi.ng a single law firm jointly represent all of the defendants in the Lawsuits . The City has also been advised by Holmes & Graven that it should consult with independent courisel as to whether it should agree to be jointly represented by one attorney in the case. 3. The City believes that it is in its best interests to retain Holmes & Graven to defend the City in the case and to have Holmes & Graven jointly represent the other defendants in the Lawsuits . A�reement Based on the above recitals, the City agrees as follows: 1. The City retains the firm of Holmes & Graven to represent it in the Lawsuits aad consents to having Holmes & Graven represent the other defendants in the Lawsuits . The City understands that Holmes & Graven svill bill MPftS and that the allocation of defense costs will be decided by the MPftS Board. JJT�7760 MP110-1 1 13B 2. The City understands that by entering into this agreement that confidential communications between itself and Holmes & Graven may be discussed by Holmes & Graven with the other defendants . 3. By ' entering into this Agreement, the City does not waive any attorney/client, work product privilege, right of immunity, which the City or its attorney may be entitled to invoke. The City specifically is not waiving these rights as to any third party that is not a defendant in the Lawsuits . 4. The City may revoke this Agreement at any time by providing written notice to Holmes & Graven. • Date : JJT47760 xriio-i 2 13C CITY OF By Its Mayor By Its City Mana�er Attorne7t at [,aw ROSERT A. ALSOP RoNwtn H. BwTrr srett�err J. Buso[. Jo�r B. Drwx Mssr G. Dossnvs S'CEFANIE N. GALEY COftRiNE A. HEINE .1,�t►�s S. Ho[.�Es DAVID J. BOVNiDY Jo�v R ir►rtsoN WELLINGTON H. LAW CHARLRS L. I�EEVEYE January 27, 1993 DISTBIBUTION LIST RE: John Starks v. HOLMES & GRAVEN CHARTERED a�o pnkeur� cmcK, M�Ane,pdia. n�lJaoe�o�, ssam (612) 337-9300 Faafroile (612) 337-9310 WRITER'S DIRECT DIAL 337-9209 nesota Police ftecruitment S_ystem,_et al. and v. Mi.nnesota Police Recruitment System, et al Joxlv M. IEFE�E, .ia. ROBERT J. ilMDALL Ui� iL MOI.tg1' BAAdARA L PORiWOOD Je�s M. sreo�r J,�s J. TaoMSON, �x- [r►1tRY M. WL�eiHIIM BONxtg G Wa�vs GARY P. WWfPJt Devm L. GeAVP�v (19z�iv�p OF COUJVSO. [toeenr c. c�►m.soN ROBEST L. DAVmSOH The MPRS Board decided at its meeting yesterday to continue to have our law firm represent MPRS in the lawsuits. The purpose of this letter is to determine whether the individual cities would also li.ke us to jointly represent them. The core of the joint defense would be that MPRS and the cities did not discriminate, and that in any case, defendants' actions and omissions did not cause damages to plaintiffs. The Rules of Professional Responsibility allow an attorney to jointly represent multiple defendants in a civil action as long as the attorney is not tnaterially limited by his or her responsibilities to another defendant and as long as the attorney reasonably believes that his or her representation will not be adversely affected. Each client must consent to the joint representation after consultation with the attorney . The attorney for each of the cities in this case owes that city an obligation to defend the case vigorously on its behalf. There is always the potential that a conflict between the defendants could develop . Based on my review of the facts and background to this case, there is no actual conflict of interest at the present time that would prevent a single attorney from defending the case vigorously on behalf of each of the individual defendants . There may be issues that apply to some defendants and not to others. For example, there is an allegation regarding a civil service violation that applies to only 13 cities. In addition, some cities supplement the MPRS system in their recruitment and hiring process. Another example is that some cities use MPRS less frequently than others. In defending each city on these issues, there may be facts that are more favorable to some cities than to others . At the present time, these differences seem only to make some defenses more or. less attractive to different defendants. I do not see those partially divergent facts creating an actual conflict of interest that would affect the core defenses. It is always possible, however, that a judge or jury could conclude that only some defendants are liable and not others because of different facts . There is also the possibility that the plaintiffs would be wi.11ing to settle with only some defendants, or that some defendants would have different settlement incentives. JJTd7876 1�110-1 � �J � DISTR.IBUTION LIST January 2?, 1993 Page 2 Joint representation of all of the cities in this case has certain advantages .° It allows the cities to present a united defense to the allegations and provides significant cost savings to the individual cities. Joint representation does, however, create some potential risks. The most significant risk would be that sometime later in the case an actual conflict could develop between some of the defendants . If the actual conflict adversely affected our relationship with ano.ther defendant, we would have no option except to withdraw from representation in the case. Potentially, this would include withdrawal from representing any of the defendants. In making your decision as to whether you want to have joint representation, you should also keep in mind the law regarding confidentiality among joint clients . When a single attorney represents joint defendants, there is no confidentiality among the clients themselves. In other words, whatever a particular client discloses to the attorney can be disclosed to the other clients. (There is, of course, confidentiality as to any third parties .) You should also be aware that our firm represents four of the cities (Brooklyn Center, Crystal, New Brighton and Robbinsdale) as general counsel. We also represent several of the other cities as special counsel in litigation and bond matters . We are also appointed by the League of Minnesota Cities Insurance Trust to defend lawsuits on behalf of Trust cities. Therefore, if a dispute about coverage arose between any of the defendants and the Trust, it would not be appropriate for us to represent either side on that issue . Based on my review of the case, I believe that our firm's representation of each of you will not adversely affect our responsibility to the other cities. I am, therefore, enclosing a consent form for each city to sign agreeing to joint representation. Each of the cities should discuss this issue with its attorney or other iudependent counsel before signing the agreement. (I am also enclosing a draft resolution for your use. Please feel free to modify it as you see fit. ) We do not believe that there will be any significant additional attorneys' fees incurred in representing the individual cities that would not otherwise be incurred as a result of defending MPRS. If this changes because of developments in the lawsuits, we would let the affected cities know immediately. We, therefore, propose to bill MPRS for our services, and the fees would be allocated to its members on whatever basis the MPRS Board determines is fair. If any of you have any questions concerning any issues pertaining to this matter, please feel free to contaet me or Charlie LeFevere and we will be happy to discuss them with you. Sincerely, Ja es . Thomson : jes Enclosure JJT�7876 l�I10-1 13E l 4; 15 _ . . , , . . ,, ,.. . ,, ,,, . , . . . . ., . ..,. � � _ FOR CONCURRENCE BY THE CITY COUNCIL F121pL�' February 1, 1993 Type of License: VEHICLE BODY REPAIR BUSINESS Maaco Auto Painting 148 Osborne Rd. N.E. Fridley,. MN 55432 . � � � Leffel Inc. 0 • � V Approved By: �LYCENSEB Barbara Dacy Com. Develoment�Dir. Fees: ' $175.00 � � FOR CONCURRENCE BY THE CITY COUNCIL GENERAL CONTRA,�OR-COMMER� A� Heco Construc�ion 1572 E Minnehaha Ave � St Paui MN SS1Qb Kevin Heide Hunerberg Construction Co 14915 32nd Ave N Plymouth MN 55447 John He�nerberg GENERAL CONTRACTOR-RESIDENTIAL Cla.«ic H�me De�ign (5$fi7) 1630 Hwy IQ NE S�ring I.ak� P�,rk MN 55432 Glenn Hamm�r Midw�st Remcxt�iing Cc�nSUltan� Inc (PEND) 10301 University Ave #21� Blaine MN 554�4 �t.�ve BackhQlm 11�IOBILE HOME INSTALLER C� � A Mc�hile Hnme Listing 14160 Hwy 6S Ham Lake MN 553Q3 PLUMBING Bru�e Jc�e Plumt�ing �� 11442 Ge�rgia Ave N Ghamplin MN �S�1G Krumhalz C�m�any 3107 Lyn�aie Ave N Minnea}x�li� MN SS411 N�w Mech C�m��nies Inc 1633 Eustis St I.�uderdale MI�i 5510$ Plumi�ing Services inc 1628 Hwy 10 NE S�ring Lake Park MN SS432 0 Gus Afr�z J�s�h Br��e Dennis Skjcx� ]erry P�ter Michael Nally � 16A LICENSES CLYDE WILEY Bldg Ins� Same STATE QF MINN . Sam� �TATE OF MINN �TATE OF MINN S�m� S�me Same y7