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05/17/1993 - 4949� � FRIDLEY CITY COUNCIL � ciN� MAY 17, 1993 FRIDLEY 7:00 P.M. - FRIDLEY MIDDLE SCHOOL CAFETERIA PLEDGE OF ALLEGIANCE: PUBLIC HEARING: Proposed Regional Senior Citizens Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 FRIDLEY MUNICIPAL CENTER PRESENTATION OF PROCLAMATION: Pubiic Works Week: May 17 - May 24, 1993 APPROVAL OF MINUTES: City Council Meeting of May 3, 1993 u �. _ FRIDLEY CITY COUNCI_L_ MEETING OF M� ADOPTION OF AGENDA: OPEN FORUM. VISITORS: 17, 1993 (Consideration of Items Not on Agenda - 15 Minutes) PUBLIC HEARING: Vacation Request, SAV #93-01, by Mark and Jean Schwartz and �� p: �� 5 � Frank and Vallie Labandz, to A � Vacate an Alley Generally � �,��,,�'�'`" Located eetween 1356 and .� f� �,��'' �1 1372 - 64th Avenue N.E. . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2N 0 OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 113, "Solid Waste Disposal and Recycling Collection," by Amending Sections 113.01, 113.07, 113.11, 113.13, 113.15, and Chapter 220, "Residential Rental Property and Condominium Area Maintenance," by Amending Section 220.09, and Amending Chapter 11, "General Provisions and Fees for Solid Waste Abatement Programming," by ��� p/ � ��`' , `�, Amending Section 113 . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3E n 2 FRIDLEY CITY COUNCIL MEETING OF MAY 17, 1993 Page 3 OLD BUSINESS (CONTINUED� Approve Agreement between the Cities of Fridley and New ���; Brighton for the Design, ��"' oathe Interconne c onaofPhase - 4� s��� Their Water Distribution Systems .� �l'' �""O (Tabied May 3, 1993) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 4C NEW BUSINESS: Approve Request by St. Phillip's Lutheran Church to Waive the Temporary Sign Permit Requirements Establish a Public Hearing for June 7, 1993, on an Ordinance Amending Chapter 3 of the Fridley City Charter �-� � �'� �� � -� A / ....... �..... 5-5A i �a,� �%:�u�, t�t,�iz¢�l ... ......... 6-6D � �� Receive Bids and Award Contract , for Street Improvement Project ��- '��' No. ST. 1993 - 10 (Sealcoat) . . . . . . . . . . . . . . . . . . 7 - 7B / �� � �� 0 rr\\!\■ !�\/ AtT�/ AA1 ���A�• �. �• '�. .. . . rn�v�.� i�.� � T•,vv�v�.�� m�c � 11v�a ut MAY 17. 1 NEW BUSINESS (CONTINUED): Approve Change Order No. 1, ,(� Electrical Conversion of Well � � -�,��.,`� �� Nos. 2, 4, 5, 6 and 7, Project �� _-- No.238 .................................... 8-8H Motion to Approve Abatement of Penalty, interest and Cost for David Harris for Property Generally Located at 250 Commerce Circle South, Paco Industrial � -� l — �i Park....................................... 9-9E Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . 10 � -�' Claims . . . . . . . . L ,� . � . . . . . . . . . . . . . . . . . . . . . 11 J� � � r � � � Licenses . . . . . . . . �� . , _ � ................... 12-12D , � Estimates . . . . . . �! 13 - 13A . �. ,;, . . . . . . . . . . . . . . . . . . . . . . . , ADJOURN: � _ _ _ _ _ _ _ _ _ 4 TH8 MINOTBS OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF MAY 3. 1993 The Regular Meeting of the Fridley City Council was called to order at 7:39 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, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick MEMBERS ABSENT: Councilwoman Jorgenson PRESENTATION OF PROCLAMATIONS: VETERANS' BUDDY POPPY DAY, MAY 21, 1993: Mr. Hunt, Assistant to the City Manager, read this proclamation which proclaimed May 21, 1993 as Veterans' Buddy Poppy Day. Mayor Nee urged all patriotic citizens to wear a buddy poppy as mute evidence of gratitude to the men and women of this country who risked their lives in defense of the freedoms which we continue to enjoy as American citizens. Mayor Nee presented this proclamation to Rudy Nessman of 'the Fridley VFW Post. Mr. Nessman introduced Maxine Nystrom and Erin Alrick, Buddy Poppy Queen, who sold buddy poppies to the City Council and others who wished to purchase them. STUDENT FOREIGN EXCHANGE WEEK. MAY 3 THROUGH 9, 1993: Mr. Hunt, Assistant to the City Manager, read the proclamation which proclaimed the week of May 3 through 9, 1993 as Student Foreign Exchange Week. _ Mayor Nee presented the proclamations to Arna Horwood of New Zealand, Adriana Pereira of Brazil, Jana Podschun of Germany, and Andreina Requiz of Venezuela. All of the foreign exchange students presented the flag of their country to the Mayor and Council and expressed enjoyment with their stay in Fridley. Mr. Nessman of the Fridley VFW Post presented American flags to the foreign exchange students. FRIDLSY CITY COIINCIL MEETING OF MAY 3, 1993 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING. APRIL 19. 1993: Councilman Schneider stated that on Page 15, Item No. 11, the minutes indicate that the motion failed for lack of a second, and Councilwoman Jorgenson had seconded the motion. MOTION by Councilman Schneider to approve the minutes with the above correction. Seconded by Councilman Fitzpatrick. 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 Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• l. PUBLIC HEARING ON VACATION REQUEST, SAV #90-02, BY THE CITY OF FRIDLEY, TO VACATE BROAD AVENUE, NORTH OF LAFAYETTE STREET: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:52 p.m. Ms. Dacy, Community Development Director, stated that this vacation is to vacate a portion of Broad Avenue which is a 50 foot right- of-way and combine it with vacant Lot 26 to the east to create a buildable lot. She stated that the total size of the lot would be about 10,000 square feet with an eight foot bikeway/walkway that would run along the west and north of the parcel. Ms. Dacy stated that at the Planning Commission meeting there was testimony from two adjacent property owners. She stated that the Reierson's had indicated they were not interested in purchasing the lot, and the Wetterlind's were wondering if they could create a buildable lot. She stated that staff requested the City of Coon Rapids to analyze the lot split request with or without the Board Avenue vacation. She stated that if Broad Avenue is vacated, the City of Coon Rapids confirmed that the Wetterlinds will have less difficulty in splitting their lot due to the setback requirements in the Coon Rapids zoning ordinance. FRIDLEY CITY COIINCIL MEETING OF MAY 3. 1993 PAGE � Ms. Dacy stated that staff inet with the Wetterlind's to discuss the options presented by the City of Coon Rapids, and they agreed it would be easier for them to split their property if the City vacated Broad Avenue. She stated that they would like to acquire a 10 foot wide triangle from the City which would provide improved frontage along the intersection of Broad Avenue and Lafayette Street. She stated that the Wetterlind's would prefer the bikeway to be located on the east side of Lot 26. She stated that the Reierson's do not want the bikeway along the east lot line. Ms. Dacy stated that the Planning Commission recommended approval of this vacation subject to addressing the Wetterlind's concerns. Councilman Billings asked the height of the existing chain link fence. Ms. Dacy stated that she thought it was about four feet in height, but she has not measured it. Councilman Billings stated that when this vacation was discussed he raised the question of how this would be handled at the County, since the parcel would be located in two cities, Fridley and Coon Rapids. Ms. Dacy stated that the triangular piece of property would have to be a separate PIN number. Councilman Billings stated that the purpose of this process is to vacate a street and combine it with tax forfeit property to try and provide a buildable lot and by creating this triangle, it would, in fact, potentially create a lot that could at some time in the future become tax forfeit. Mr. Herrick, City Attorney, stated that if the County cannot combine the parcels into a single PIN number, it is possible there might be a restrictive covenant placed on the larger lot that would indicate it could not be sold without the sale of the triangular piece of property. He stated that this may solve the problem, but he is not in a position this evening to give the Council a final answer. Councilman Billings stated that even if the parcel is not sold, taxes could be paid on the larger portion and not on the smaller portion which creates the potential of it becoming a piece of tax forfeit property. He felt that it would be better not to create the parcel. Ms. Dacy stated that the triangular piece of property shifts the lot line to increase the distance for the setbacks and orient a house, which may be built at some future date on this iot, so that it is at an angle to the street right-of-way. Councilman Schneider questioned how the triangular piece of property fits into this request. r� FRIDLEY CITY COIINCIL MEETING OF MAY 3, 1993 PAGE 4 Ms. Dacy stated that this triangular piece widens the lot line so that a house could be placed in a fashion that is more compatible with the setbacks and buildable area. She stated that there would still be adequate lot area and frontage to meet the City's ordinance requirements. � Councilman Billings stated that it is a hypothetical question on how a house might be located on the lot. He stated that a variance may or may not be needed, and he felt it is a situation where a variance could be requested from the City of Coon Rapids at the time the lot is split. Councilman Billings stated that he has a problem with creating a parcel that may go tax forfeit at some time in the future. He stated that he has a difficult time supporting the triangular piece of property. Mr. Wetterlind stated that if the City of Coon Rapids does not approve a variance, the lot would be unbuildable. He stated that the Planning Commission created the pie shaped area. Mrs. Wetterlind questioned why there could not be an annexation to Coon Rapids so the triangular portion would not be needed. Ms. Dacy stated that staff has not discussed the annexation issue. Mayor Nee stated that if the City approves the lot split, he felt the City of Coon Rapids would grant the variance. Mrs. Wetterlind asked if the Council was aware of how this situation developed. She stated that the problem was created by the cities of Fridley and Coon Rapids. She stated that the City of Fridley would not pay to install the street. She felt that the Council has to be concerned about their situation. Mayor Nee stated that there were property owners in this area who were against construction of the street. Mr. Wetterlind stated that there is a concern about the location of the bikeway/walkway, and they did not want it located across the front of the property. Councilman Billings stated that the bikeway/walkway needs to be on the west side of Broad Avenue or on the east side of Lot 26. He stated that the walkway in Coon Rapids is currently east of the center of the whole lot. He stated that it seems more logical if the bikeway/walkway is on the west side of the property. Mrs. Wetterlind stated that they are objecting to the plan and would rather have a street. Mr. Wetterlind stated that it does not do any good to have this reviewed by the Planning Commission if the Council does not agree. FRIDLEY_CITY CODNCIL MEETING OF MAY 3. 1993 PAGB 5 No other persons in the audience spoke regarding this proposed vacation. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:25 p.m. OLD BUSINESS• ' 2. ORDINANCE NO. 1010 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205 ENTITLED "ZONING" BY AMENDING SECTION 205.04.04.1• MOTION by Councilman Schneider to waive the second reading of Ordinance No. 1010 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 1011 ESTABLISHING CHAPTER 208 ENTITLED "EROSION CONTROL" TO THE FRIDLEY CITY CODE: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 1011 and adopt it on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ORDINANCE NO. 1012 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206 ENTITLED "BU�LDING CODE " BY AMENDING SECTION 206.03. "PERMIT FEES," AND RECODIFYING CHAPTER 11. ENTITLED "FEES." BY AMENDING SECTION 11.10, "FEES:" MOTION by Councilman Schneider to waive the second reading of Ordinance No. 1012 and adopt it on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH 2. 1993• A. VARIANCE RE4UEST, VAR #93-01, BY SIGNART FOR PLYWOOD MINNESOTA, INC., TO ALLOW THE CONTINUANCE OF A VARIANCE GRANTED PRIOR TO NOVEMBER 21 1977 TO ALLOW THE REMODELING OF A SIGN GENERALLY LOCATED AT 5401 EAST RIVER ROAD N.E. (TABLED APRIL 5. 1993): Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this parcel is located south of I-694 and is zoned heavy industrial. She stated that Plywood Minnesota has undergone a name change to Home FRIDLEY CITY COIINCIL MEETiNG OF MAY 3. 1993 PAGB 6 Valu, and they were granted a variance in the 1970's to construct a 300 square foot sign. She stated that any changes to the sign have to be approved through the variance process, and that it is the reason for this request. Ms. Dacy stated that the Appeals Commission considered this variance and tabled the request to allow the petitioner time to redesign the sign to reduce the overall area. She stated that the petitioner revised the sign to reduce the square-footage to 186.25 square feet from the initial 300 square feet. She stated that the Appeals Commission recommended approval of the variance with the Home Valu portion of the sign to be 140 square feet, the automatic time and temperature sign to be 32.75 square feet, and the "Open Tonite" sign to be 13.5 square feet. Ms. Dacy stated that this item was tabled at the Council meeting on April 5, 1993 in order to enable Mr. Boschwitz to attend. Mr. Jerry Boschwitz stated that one of the problems at their business is that they are somewhat eclipsed by Wickes Furniture and they have a very large sign. He stated that in changing the "Open Tonite" portion of their sign is to better alert the public that they are a retail store. He stated that many people mistake their business for an office and warehouse. He stated that the time and temperature portion of the sign is somewhat of a community service. He stated that the area in front of their store has been an area where there has been a lot of car accidents. He stated that they felt that the time and temperature sign would be a good community service and draw some attention to their building. Mr. Bill Brattland, representing SignArt, the petitioner for this varianCe, stated that the time and temperature portion of the sign adds a nice commercial flavor to the Home Valu business. He stated that he hoped the Council would approve the variance as requested. Councilman Fitzpatrick asked the total square footage proposed for this sign. Mr. Brattland stated that this proposed sign is about 186 square feet which includes the time and temperature sign. Councilman Schneider stated that his problem is justifying the larger signs and allowing one business to have a larger sign and then not permit another to do the same. He pointed out the size of the Menards and Embers signs. Mr. Boschwitz stated that Menards has a very large sign in front of their building. Mr. Brattland stated that they investigated the possibility of a wall sign, but there were some trees that would impede the visibility. He stated that the wall sign would have to face directly north, and it would not work well for an advertising sign. FRIDLEY CITY COIINCIL ME�TING OF MAY 3. 1993 PAGE 7 He stated that the Embers Restaurant is located on a 35 mph street, and Home Valu's visibility is from I-694 which has a speed limit of 55 mph. Councilman Billings felt that there were definitely differences between this particular parcel of property and the Menards and Embers properties and any other sign located on a"typical" street. He stated that the Menards sign is probably 30 feet from the driving lanes, and it is visible hundreds of feet away in.either direction. He stated that this particular piece of property has its frontage on I-694 and adjacent to the on-ramp of the freeway. He stated that the business is probably about 70 feet to 80 feet away from the drive-by traffic. Councilman Billings stated that although the reduction in the sign is not to 80 square feet which is allowed by code, it is a substantial reduction in size from the existing sign. He stated that he felt this was a reasonable variance request. Councilman Schneider stated that he respected Councilman Billings' comments, and agreed that there is a difference in location from this sign and the signs at Menards and Embers. He stated that he would favor a variance of 153 square feet and letting the petitioner choose how they wanted to use this square footage. Mr. Brattland stated that he would like to request leniency by the Council, as whatever a business can do to survive and remain on the tax rolls is of benefit to both the City and Home Valu given the economic climate today. Councilman Billings stated that in discussing this item at the April meeting, Councilwoman Jorgenson favored a sign in the area of 150 sguare feet. He stated that he certainly did not want to speak for her or did not know how she would vote if she were at the meeting tonight. Councilman Billings asked the importance of the time and temperature sign. Mr. Boschwitz stated that the time and temperature sign is meaningful to them; however, they may be able to rearrange the "open Tonite" sign. He stated that this would reduce the sign by another 13 square feet. Councilman Fitzpatrick asked if they could reduce the sign to 153 square feet. Mr. Boschwitz stated that, frankly, they have not looked into this possibility. He stated that they wanted their business name as large as possible and remain within a reasonable size sign. Mr. Brattland stated that they are trying to utilize the existing footings, but they could reduce the sign by a few feet here and there. He stated, however, that the sign would still have to be the width they are proposing. FRIDLEY CITY COIINCIL MEETING OF MAY 3, 1993 _ PAGE 8 MOTION by Councilman Schneider to grant Variance Request, VAR #93-01, for a total sign not to exceed 160 square feet and the square footage to be used at the petitioner's discretion. Seconded by Councilman Billings. Councilman Billings asked the width of the "Home Valu" sign. Ms. Dacy stated that the sign was 14 feet by 10 feet. Councilman Billings stated that if this portion of the sign could be reduced to 14 feet by 9 feet, it would save 14 square feet. He stated that space could also be saved by removing the roof logo above the "Home Valu" portion of the sign. Mayor Nee stated that Councilwoman Jorgenson had called and stated that she would not be willing to grant a variance beyond 160 square feet. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF MARCH 10, 1993• A. SPECIAL USE PERMIT RE4UEST, SP #93-02, BY SIGNART FOR PLYWOOD MINNESOTA, INC., TO ALLOW AN AUTOMATIC CHANGEABLE SIGN, GENERALLY LOCATED AT 5401 EAST RIVER ROAD N.E. (TABLED APRIL 5, 1993): Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that the time and temperature sign proposed by Home Valu is an automatic changeable sign, must conform to the sign requirements, and the message shall not change more than once very fifteen minutes except for a sign displaying time, temperature, and/or date. She stated that the Planning Commission recommended approval of this special use permit. MOTION by Councilman Schneider to grant Special Use Permit Request, SP #93-02. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. MOTION BY REALLOCATE $1,684.40 TO UNEXPENDED FUNDS FROM_THE 1991 HUMAN SERVICES CDBG ALLOCATION TO THE HOUSING REHABILITATION PROGRAM (TABLED APRIL 19, 1993): MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that at the last meeting the question was raised whether or not a public hearing was required for this reallocation of funds. She stated that Anoka FRIDLEY CITY COIINCIL MEETING OF MAY 3. 1993 PAGE 9 County has advised that a public hearing was not required for this amount of funding. Councilman Schneider stated that at the_last meeting on April 19, 1993 he objected to Councilman Billings' amendment to the motion, as he believed the first priority was the housing rehabilitation program, but stated he will withdraw his obj ection to the amendment and support Councilman Billings' motion. The motions on this item from the April 19, 1993 meeting are as follows; MOTION by Councilman Schneider to reallocate $1,684.40 of unexpended funds from the 1991 Human Services Community Development Block Grant allocation to the housing rehabilitation program. Seconded by Councilwoman Jorgenson. MOTION by Councilman Billings to strike "housing rehabilitation" from the motion and insert "human services." Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. APPOINTMENT: CITY EMPLOYEE: Mr. Hunt, Assistant to the City Manager, requested that the Council concur with the appointment of Thomas Blazina as Chief Building Official. He stated that Mr. Blazina has a degree from St. Cloud State, is certified as a building official by the State, and as a plans examiner by the International Congress of Building Officials. He stated that Mr. Blazina has worked as a plans examiner and assistant building official in Brooklyn Park, as well as working for the cities of Northfield and Hibbing, and as a maintenance supervisor at Hanna Mining in Keewatin. MOTION by Councilman Schneider to concur with the following appointment by the City Manager: Name Thomas Blazina Position Chief Bldg. Official Exempt Starting Salarv $45,267.84 per year $3,772.32 per month Range 7 Starting Date May 27, 1993 Replaces Darrel Clark Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1993 PAGE 10 9. APPROVE AGREEMENTS BETWEEN THE CITY OF NEW BRIGHTON AND THE CITY OF FRIDLEY FOR THE INTERCONNECTION OF THEIR WATER DISTRIBUTION SYSTEMS: Mr. Erickson, Assistant Public Works Director, stated that these agreements are for the interconnection of the water distribution systems between the cities of New Brighton and Fridley. He stated that one agreement covers the design and construction phase, and the other agreement covers the operation, maintenance; and�repair phase. Councilman Schneider stated that in the design and construction agreement under Section 3.08.01 it states that New Brighton shall own the Primary Interconnection System Elements and Fridley hereby assigns and conveys to New Brighton any right, title, or interest which Fridley may have in or to the Primary Interconnection System Elements (including, without limitation, that portion of the pipeline located in Fridley which constitutes part of the Primary Interconnection System Elements). He questioned if the pipe that is buried in Benjamin Street is owned by New Brighton and what would happen if Fridley had to dig up the street for other reasons and the pipeline broke. Mr. Erickson stated that any maintenance to that line will be done by the City of Fridley, but will be billed to the City of New Brighton for any work pertaining to that particular line. Councilman Billings stated that there is really no difference from this pipe than from a Minnegasco pipe that may be located in the street. He stated that at the public hearing he believed Mr. Flora, Public Works Director, stated that the City of New Brighton was responsible for all maintenance of this system up to the new pump house located in the Moore Lake Commons area. Mr. Herrick, City Attorney, stated that was correct, and the cost of financing the work in New Brighton and Fridley will be paid for by New Brighton with monies received from the Army. Councilman Schneider stated that the construction does not address any alignment issues. He asked if the agreement locks the City into a specific alignment. He stated that he has heard rumblings there may be an issue with 64th Street. Mr. Erickson stated that the agreement does not tie the City into the actual alignment for the system at this time. Councilman Schneider asked how Fridley is protected if the project had begun and there was a hassle between the City of New Brighton and the Army. Mr. Herrick stated that it is his understanding that the Army has escrowed $17 million to $18 million with the City of New Brighton FRIDL$Y CITY COIINCIL MEETING OF MAY 3. 1993 PAGE 11 and thought any costs incurred up to this amount New Brighton would agree to pay. He stated that he had some discussion with the attorney from New Brighton about what would happen if the project exceeded that amount. He stated that the attorney for New Brighton indicated that this was not very likely based on the cost estimates, but that there was an understanding between the Anay and New Brighton if that was not sufficient, the Army would provide additional funds. He stated that the original position between New Brighton and the Army was one of litigation, and� this is a settlement of that litigation. He stated that under the settlement approved by the court, the Army is obligated to do certain things, and it is more than a contractual relationship. It is a court order. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the design and construction phase agreement dated May 11, 1993 between the cities of New Brighton and Fridley for the interconnection of the water distribution systems. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that in regard to the other agreement for the operation, maintenance, and repair phase, there are several they items that are different than what his understanding was, and are a concern. He stated that the agreement states that use of the New Brighton water will be Fridley's highest priority and that Fridley will use that water before any of its own. He stated that he was surprised at this statement. Councilman Schneider stated that during the hearing, he understood Mr. Flora to say the water delivered to Fridley by New Brighton would meet Fridley's water quality standards. He stated that this is not the language under Section 3.02.01 of the agreement. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the operation, maintenance, and repair phase agreement dated May 11, 1993 between the cities of New Brighton and Fridley for the interconnection of the water distribution systems. Seconded by Councilman Billings. MOTION by Councilman Schneider to amend the first sentence of Section 3.02.01, Quality Made Available, as follows: "The available water delivered to Fridley by New Brighton will be of the same or better quality as currently provided by the City of Fridley to its residents (as measured in accordance with Section 3.02.04)." Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to amend Section 3.02.03, Iron and Manganese, by eliminating the words "strive to" in line 6. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL ME$TING OF MAY 3. 1993 PAGE_12 Councilman Schneider stated at the public hearing it was discussed that the City of Fridley would do its own monitoring of the water quality and could turn off the water. He felt the language under Section 3.02.04 (a) does not give the City that right. He proposed the following amendment: MOTION by Councilman Schneider to amend Section 3.02.04 (a), Failure to Meet Standards, as follows: "If the results of monitoring performed by New Brighton or the City of Fridley show that the quality of water delivered does not meet a duly promulgated law, rule, regulation, or City of Fridley water standards for public potable water supplies, New Brighton shall notify Fridley in a timely manner. At its discretion, Fridley may elect to suspend acceptance of Available Water until such time as New Brighton can demonstrate that the Available Water meets the requirements of such law, rule, regulation, or City of Fridley water standards. When New Brighton and Fridley agree that the water meets relevant requirements, Fridley shall immediately resume acceptance of the Available Water (subject to the terms and conditions of this Agreement)." Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked if this item could be tabled. Mr. Erickson stated that it is critical to return the agreements to New Brighton by May 11 so this information can be submitted to the Army to proceed with allocation of funds for the project. He stated that he understands there is a very critical time frame to follow. Councilman Billings stated that he has difficulty with any documents that are this complicated. As they are being reviewed, changes are being made. He stated that he believed this agreement probably should be tabled, and so should any urgency that exists with the design and construction agreement which the Council has already approved. He stated that he believed the operations agreement is not as critical as the design and construction agreement. Councilman Billings stated that with the amendments, some inconsistencies may have been created, and he does not feel comfortable voting on the agreement this evening. If a vote is taken, he would abstain. Councilman Schneider stated that he shared Councilman Billings' concerns. He stated that the only reason he would move to support the agreement at this time is on staff's recommendation. He felt that this is not the way to modify a document. Mr. Herrick stated that with the amendments that will be attached, if the agreement is approved this evening, it will have to be FRIDLEY CITY COIINCIL MEBTING OF MAY 3. 1993 PAG$ 13 submitted to the New Brighton City Council for their concurrence with the amendments. Mayor Nee stated that he felt Council shares Councilman Billings' feelings. Councilman Schneider stated that with the amendments proposed, he would feel more comfortable tabling the agreement. Councilman Billings stated that his primary reason for voting for the amendments is to document the Council's position. MOTION by Councilman Schneider to table the operation, maintenance, and repair phase of the agreement with New Brighton for the interconnection of the water distribution systems, as amended, and request staff to work out the appropriate issues with the City of New Brighton. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Burns, City Manager, stated that Councilwoman Jorgenson had called and stated that these were also her sentiments. 10. RESOLUTION NO. 34-1993 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1& 2: MOTION by Councilman Billings to adopt Resolution No. 34-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked that when the bids are awarded that copies of the petitions be submitted to the City Council. 11. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 113. "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION, BY AMENDING SECTIONS 113.01. 113.07, 113.11, 113..13, 113.15, AND CHAPTER 220 "RESIDENTIAL RENTAL PROPERTY AND CONDOMINIUM AREA MAINTENANCE " BY AMENDING CHAPTER 11 "GENERAL PROVISIONS AND FEES " FOR SOLID WASTE ABATEMENT PROGRAMMING BY AMENDING SECTION 113• Ms. Dacy, Community Development Director, stated that as required by the Solid Waste Management Act, cities must provide the opportunity for residents in multiple units to recycle. She stated that this proposed ordinance is intended to implement the recycling strategy for multiple units to (1) expand the City's current recycling services contract to include multi-unit dwellings of five to twelve units; (2) require owners with thirteen or more units to contract for recycling services and submit a copy of their contract with their residential rental license application; and (3) require recycling collectors operating in the City to report to the City by weight and material the type recyclables collected in the City on at least a quarterly basis. FRIDLEY CITY COIINCIL MEETINQ OF MAY 3, 1993 PAGE 14 Ms. Dacy stated that staff recommends the Council approve the ordinance on first reading. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RECEIVE THE MINUTES OF THE PLANNING COMMISSION- MEE�'ING OF APRIL 14, 1993• A. SPECIAL USE PERMIT REOUEST, SP #93-04, BY TARGET STORES TO ALLOW GARDEN CENTERS OR NURSERIES WHICH REOUIRE OUTSIDE DISPLAY OR__STORAGE OF MERCHANDISE, GENERALLY LOCATED AT 755 53RD AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a special use permit for an annual garden center operation at the Target store on 53rd Avenue. She stated that the garden center would be located on the south end of the building and a hoophouse would be erected. She stated that pallets to hold trees and plants would be located in a U-shape around the hoophouse. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with four stipulations which she outlined. Mr. John Sandstede, Store Manager of Target, stated that previously Tarqet had an area directly to the north of the building which was used as a garden center. He stated that with the nera style of merchandising, they want to locate a hoophouse on the south end of their building for visibility from 53rd Avenue. He stated that they intend to obtain only several shipments of shrubs, and the hoophouse would be used for the bedding plants. He stated that the hoophouse would be removed from the site after the garden season is over. MOTION by Councilman Billings to grant Special Use Permit Request, SP #93-04, with the following stipulations: (1) there shall be no outdoor storage of fertilizers, pesticides, or herbicides; (2) the petitioner shall notify the Community Development Department in writing by December 31, 1993, whether the sales will occur on an annual basis; (3) if there are no complaints or issues raised by the operation of the garden center, the sales may continue on an annual basis. If problems do occur, the Planning Commission and City Council may review the special use permit request to change the stipulations or to determine if revocation is necessary; and (4) the garden center shall be located at site #3 which is adjacent to and on the south side of the building. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MAY 3. 1993 PAGE 15 B. RESOLUTION NO. 35-1993 APPROVING A SUBDIVISION. LOT SPLIT L.S. #93-03. TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED AT 260 LONGFELLOW STREET N.E.: Ms. Dacy, Community Development Director, stated that this property is zoned R-1. The properties to the west, north, and east are also zoned R-1, and the property to the southwest is zoned R-3. She stated that the property contains four platted lots, and the lot split is to divide Lot 28 from the three other platted lots, 29, 30, and 31, in order for Detroit and Northern Federal Savings Bank to divest itself of the mortgage which was applied for on Lots 29, 30, and 31. She stated that these four lots 28, 29, 30 and 31, were combined in 1990 at the City's request. She stated that the mortgage pending on the property only pertained to the three lots. Ms. Dacy stated that the Planning Commission reviewed this lot split request, and staff's recommendation at that time was for denial because a non-conforming lot would be created. She stated that the Planning Commission felt the lot split should be approved, and they based their recommendation on three findings (1) the combination of the lots into one tax parcel is not under control of the bank. Either the City or County required the combination; the record is not clear; (2) Approvinq the lot split moves the problem off "dead center". Once Lot 28 is split, the property owners can move forward; and (3) The more time which passes before Lots 29-31.can be conveyed to a new owner, the greater the risk that the dwelling will be damaged. Ms. Dacy stated that a resolution was distributed to the Council before the meeting should they desire to approve this lot split. Mr. Michael Oberle, Peterson, Fram & Bergman, stated that there was a mortgage placed on the three lots back in 1987. The fourth lot was a tax forfeit parcel, acquired in 1990, and combined into one tax parcel. He stated that the mortgage was foreclosed, and they were advised the fourth lot could not be recorded without the City's approval. He stated that the property has been vacated, and the transaction cannot be completed until the conveyance occurs. He stated that HUD has a potential buyer for this property. Mr. Oberle stated that the problem has nothing to do with the lender and is something done after the fact. He stated that they are in the process of having their interest cut off by HUD because they could not complete the conveyance. He requested that the Council approve the lot split so the property could be sold. Mr. Oberle stated that the fee owner of Lot 28 is Mr. Stewart, and the lot is still subject to a contract for deed. He stated that this lot was a tax forfeit parcel at one time and a non-conforming parcel in 1987. He stated that it was acquired after this mortgage was of record. He stated that the mortgage is an FHA insured mortgage and pursuant to HUD regulations, the lender will convey FRIDLEY CITY COIINCIL MBETING OF MAY 3. 1993 PAGE 16 the property to HUD and then HUD will pay the FHA. He stated that this problem was created due to the action taken by the City. Ms. Dacy stated that she has verified that the City requested that Lot 28 be combined with the other lots, as outlined in a letter sent to Mr. and Mrs. Jaeger by the Assessor's Office. She stated that they were using the property as one site. Mr. Oberle stated that the Jaeqer's bought Lots 29, 30; and�31 and placed a mortgage on those lots. He stated that it was not until 1988 that they acquired Lot 28, and it was combined with the other lots into one tax parcel at the City's request. He stated that the problem was not created by the bank but by the City. Mr. Herrick, City Attorney, stated he felt that when the lots were combined into one tax parcel, the City should have received approval of the lender which was not done. He stated that the mortgage company that had a pre-recorded interest in the property, was not asked to consent to the combination, and probably was unaware of it. He stated that if the City were to deny the lot split, the bank would be able to go to court and get an order to force the City to approve the lot split. Councilman Schneider asked why Lot 28 cannot be conveyed to HUD. Mr. Herrick stated that it could not be conveyed to HUD because it is owned by Mr. Stewart. He stated that HUD has no interest in it, as they have no mortgage on that particular lot. Mr. Oberle stated that the property owner on the other side of this lot expressed an interest in the property at the time it was tax forfeit, and the matter may be resolved in the future. Ms. Dacy stated that Mr. Jarvi contacted Mr. Stewart,�and they were not able to come to terms on the sale of this lot. Mr. Herrick stated he suspects that at some period in time, Lot 28 will again become a tax forfeit parcel. He stated that if that occurs, it could be offered to either the property on the east or the west. Councilman Billings stated that the fact of the matter is that Lots 29, 30, and 31 have different owners as a result of the foreclosure of the mortgage. He stated that the mere fact that the City has asked the County to assess them as one large parcel does not change the fact that there are two different owners of the parcel. He stated that what these owners are tryinq to do is record their ownership of the parcel. He felt that the only thing that would be accomplished by not approving the lot split is to incur some court fees. Ms. Dacy stated that staff did try to get adjacent property owners talking to each other regarding this parcel. � FRIDLBY CITY COIINCIL MEETING OF MAY 3, 1993 PAGE 17 Mayor Nee felt that the City is not in the business of making sure that property owners did not error in their title search. MOTION by Councilman Billings to adopt Resolution No. 35-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of April 14, 1993. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETTNG OF APRIL 28, 1993• A. EXTENSION OF SPECIAL USE PERMIT, SP #82-12 BY PARK CONSTRUCTION COMPANY TO ALLOW ROCK CRUSHING ACTIVITIES TO CON_T_INUE UNTIL MAY OF 1995, GENERALLY LOCATED AT 7900 BEECH STREET N.E.• Ms. Dacy, Community Development Director, stated that last year the Council rezoned this property to M-3. As part of that public hearing process, homeowners west of the railroad tracks attended the hearings and complained about the height of the rock piles and noise from the rock crushing activities. Ms. Dacy stated that the Planning Commission suggested that when the permit was to be renewed, this be reviewed with Park Construction. She stated that the Planning Commission conducted a public hearing and the individuals that complained during the M-3 zoning process were notified. She stated that Mr. Bishop did submit a letter. Ms. Dacy stated that Mr. Bishop and Mr. Carlson met before the April 28, 1993 Planning Commission meeting, and Mr. Bishop has advised staff that he was satisfied with the arrangements Park Construction has made. Ms. Dacy stated that the Planning Commission recommended extension of this special use permit for rock crushing activities with six stipulations which she outlined. She stated that a letter was received from Mr. Carlson that if the City received any formal complaints, an officer of Park Construction and a member of the City staff would meet with the complainant. She stated that Park Construction indicated they would cooperate with the complainant in a reasonable manner. MOTION by Councilman Fitzpatrick to grant an extension of Special Use Permit, SP #82-12, with the following stipulations: (1) Special Use Permit, SP #82-12, is granted only for the period from June 1, 1993 to May 31, 1995. If there have been no rock crushing operations during that time, staff shall be allowed to extend the permit for another two-year period. If there have been crushing operations, the permit shall be brought before the City Council FRIDLEY CITY COIINCIL MEETINQ OF MAY 3, 1993 PAGE 18 prior to May 31, 1995; (2) the City shall be allowed to dump their waste concrete material at this site at no cost; (3) Park Construction shall take the necessary steps to ensure that the City and 5tate noise, dust, and environmental limits are not exceeded; (4) the rock crusher, generators, and stockpiles shall be located as far north and east on the property as possible; (5) the same standards regarding run-off shall be applied to this site as applied in the Rice Creek Watershed area; and (6) Park Construction shall submit a letter to City staff summarizing Park Construction's management plan for addressing noise and dust complaints. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR A VACATION RE4UEST, SAV #93-01, BY MARK AND JEAN SCHWARTZ AND FRANK AND VALLIE LABANDZ TO VACATE AN ALLEY GENERALLY LOCATED BETWEEN 1356 AND 1372 64TH AVENUE N.E.• Mr. Herrick, City Attorney, stated that the action of the Planning Commission was to recommend vacation of the alley subject to continuing an easement for street and utilities. He stated that if you vacate an alley easement and create a street easement, you just exchange one thing for another, and it makes no sense. He stated that he wondered if there was some misconception about fee ownership or use of the easement prior to its use as an alley or street. He stated that it would make sense to vacate the alley and reserve a utility easement, but it does not make sense to vacate an alley and reserve a street easement. Ms. Dacy stated that she has not had an opportunity to discuss this issue with Mr. Herrick in detail. She stated that the Schwartz's were approached with an option of maintaining the alley but executing a hold harmless agreement. She stated that they were also advised a street easement would be recommended and, in essence, it would be the same. Ms. Dacy stated that the petitioner wanted to pursue the vacation in order to move the property line an additional eight feet. Mr. Herrick stated that he has no problem in setting the public hearing, but he felt he needed to meet with staff. He felt that the property owners may be able to do what they want without the vacation. Councilman Billings stated that the property owners want to obtain title to the eight feet and, if at a later date, the City constructed a street, it is a chance they would take. 9 Mr. Herrick stated that in his opinion, they have the eight feet subject to an easement. He stated that they have fee title to the middle of the alley subject to the easement. FRIDL$Y CITY COIINCIL M$ETINa OF MAY 3, 1993 PAQB �9 Ms. Dacy stated that the Schwartz's discussed this with the Labandz's, and they were not amenable to the vacation. MOTION by Councilman Schneider to set the public hearing on Vacation Request, SAV �93-01, for May 17, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes -of the Planning Commission Meeting of April 28, 1993. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVE CONTRACT WITH KURTH SURVEYING FOR PRELIMINARY AND FINAL PLAT WORK FOR THE SHOREWOOD PLAZA REPLAT: Ms. Dacy, Community Development Director, stated that the alignments on East Moore Lake Drive were platted in such a manner that they do not conform to the Minnesota State Aid requirements for street radius. She stated that this was discovered after the plat was approved by the Council. Ms. Dacy stated that there are a number of drainage and utility easements existing in the Shorewood Plaza and Auditor's Subdivision plat. She stated that in 1989, she reviewed the surveyor's proposed costs and made decisions as to how the costs should be appropriated. She stated that after four years all property owners agree to the amounts, and the City now has their payment. She recommended that the Council authorize the survey to correct errors that have been made. Mayor Nee asked if the City had a contractor for the work that had been done. Ms. Dacy stated that the City had contracted with Short-Elliat- Hendrickson, and they have contributed $600. MOTION by Councilman Schneider to authorize the City Manager to execute a contract with Kurth Surveying for preliminary and final plat work for the Shorewood Plaza replat. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 36-1993 APPROVING PLAT, P.S. #93-01, ANDERSON DEVELOPMENT REPLAT: Ms. Dacy, Community Development Director, stated that this is a proposed replat of five lots into three lots. She stated that between the public_hearing and the meeting this evening, the petitioner and potential buyer of Lot 1 have moved the lot line 15 feet to the east. She stated that this does not adversely affect the lot area. She stated that staff has confirmed that the special FRIDLEY CITY COIINCIL MEETINd OF MAY 3, 1993 PAGE 20 assessments in the amount of $1,640.25 are valid, and the City can impose the park fees. She 5tated that it is recommended Council adopt this resolution approving the plat subject to fourteen stipulations which are attached as Exhibit A and part of the -resolution. MOTION by Councilman Fitzpatrick to adopt Resolution No. 36-1993, with stipulations attached as Exhibit A and Exhibit B, and outlined as follows: (1) special assessments of $1,640.25 shall-be paid for Lot 1, Block l, Anderson Development Replat; {2) a park dedication fee of $2,951.10 for Lot 1 and $3,987.16 for Lot 2 shall be paid at the time of the issuance of a building permit; (3) the owner of Lot 1 shall execute and record against both Lots 1 and 2, Block 1, Anderson Development Replat, a maintenance agreement which ensures that the owner of Lot 1, Block 1, shall maintain the private sewer line located on Lot 2; (4) permits for the number and location of driveways shall be obtained from Anoka County prior to issuance of a building permit; (5) the maximum number of access points onto Osborne Road shall be three; (6) the hard surface shall be set back from the west property line five feet; (7) concrete curb and gutter shall be provided except for those areas proposed for expansion (see Exhibit B); (8) a landscape plan in compliance with the City Code shall be submitted; (9) a grading and drainage plan shall be revised in compliance with Scott Erickson's letter dated April 16, 1993; (10) no exterior storage of vehicles shall occur except on hardsurface areas; (11) a storm water pond maintenance agreement shall be executed and recorded against Lot 1, Block 1, Anderson Development Replat; (12) a joint driveway agreement shall be executed and recorded against Lots 1 and 2, Block 1, Anderson Development Replat; (13) a permit shall be received from the Rice Creek Watershed District prior to construction; and (14) the grading and drainage plan shall be submitted to Anoka County prior to construction. Seconded by Councilman Schneider. Mr. Kevin Olson, representing Anderson Trucking Services, did not think they should be assessed the sewer lateral fee if they were providing the full line. Mr. Scott Erickson, Assistant Public Works Director, stated that at one time or another every lot in the City is assessed a charge for a lateral main located in the street. He stated that there is a long service run to the main in the street, and the City's policy has been to give a credit for a long service run, and that credit was applied to this assessment. He stated that the credit value is basically a deduction of 100 feet off the assessable front footage of the lot abutting Osborne Road. Mr. Olson stated that in regard to the park dedication fee, he objects to this fee. He stated that he received a copy of a memorandum from the City Attorney explaining that replats and plats could be assessed a park fee. He stated that he has found receipts that they have already paid a$75 fee, and'he asked if this had to be paid again. FRIDLEY CITY COIINCIL MEBTINQ OF MAY 3. 1993 PAGE 21 Ms. Dacy stated that the City did have a copy of a check to the City for $75 for a park deposit. She stated that the issue here is that by virtue of the replat, the City has the authority to impose the park fee. Mr. Herrick, City Attorney, stated that in his memorandum he made reference to a portion of the Minnesota State statute, and it is his opinion that a replat or lot split is a proposed subdivision. He stated that a small amount was paid in 2969, and the property was not developed as platted at that time. He stated that this means that the replat is considered another subdivision, and it is his opinion that the State statute permits a park fee. Mr. Olson stated that they paid $15 per lot in 1969, and the Council is now saying the City can collect additional monies which he felt was not necessarily correct. � Mr. Herrick stated that if the property had been developed in 1969, there would not be any question regarding the park fee. He stated that a new plat has now been submitted, and it is his opinion that the City has the authority to require payment of the park fee. Councilman Schneider asked if changing the lot line would affect the park fee. Ms. Dacy stated that the park fee is based on the square footage, and this could change if the lot line is moved. Mr. Olson verified that stipulations 1 through 5 do apply to the replat. Mr. Herrick asked if Stipulation Nos. 6 through 14 are a requirement for development of the property. Ms. Dacy stated that the City receives site plans in conjunction with plat requests. She stated that the stipulations are the City's way to communicate what the City expects on the plat. She stated that there have been a number of revisions to the site plan, but she wants to make sure that the stipulations are clear. Mr. Herrick asked Mr. Olson if he had any specific questions or objections to Stipulation Nos. 6 through 14. Mr. Olson stated that in Stipulation No. 12 regarding the joint driveway, the property line was moved 15 feet. The property will be sold to Voigt, and they would not use it as a driveway for themselves. Mr. Herrick stated that there are some limitations on the number of driveways that can exit onto Osborne Road. Ms. Dacy stated that the lot line shift is acceptable. and the maximum driveway width is 32 feet. However, staff was not clear FRIDLEY CITY COIINCIL MEETING OF MAY 3. 1993 PAG$ 22 as to what the future would hold, and that was the reason for Stipulation No. 12. Councilman Schneider asked if this item should be tabled in order to give staff time to rework the lot lines. Ms. Dacy stated that she did not think this was a major issue to warrant tabling the item. Mr. Herrick stated financial standpoint for use by both Lots will have to make. that it would seem to make sense from a to construct the driveway on the property line 1 and 2, but that is a decision the petitioner MOTION by Councilman Schneider to amend Stipulation No. 12 by adding the following words at the end of the sentence: "if a shared driveway is to be constructed between Lots 1 and 2." Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 16. APPROVE 1993 ANOKA COUNTY JOINT POWERS AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM: Ms. Dacy, Community Development Director, stated that this joint powers agreement is to enable the City to receive the first half of the S.C.O.R.E funds. She stated that this agreement also releases a supplemental grant for the management of problem materials, solid waste recycling, and yard waste abatement programs in the amount of $8,422.92. She recommended that Council approve this joint powers agreement. MOTION by Councilman Schneider to approve the joint powers agreement with Anoka County for the residential recycling program. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked about the cleanup and recycling program held last Saturday, May 1. Ms. Dacy stated that there was a steady flow of traffic, but a smaller amount of appliances were collected than what was received last year. 17. APPROVE PURCHASE OF SERVICE AGREEMENT FOR CONSULTANT SERVICES: Mr. Burns, City Manager, stated that this agreement is part of the City�s participation in the Southern Anoka County Community Consortium. He stated that the Consortium is working together to identify the communities' strengths, prioritize communities' needs, FRIDLEY CITY COIINCIL MEETING OF MAY 3. 1993 PAG$ 23 and promote strategies for addressing these needs. He stated that the Consortium is composed of cities in southern Anoka County, as well as the school districts. The Consortium is proposing to contract with Richardson, Richter & Associates to provide a number of services including conducting two focus group meetings. He stated that Fridley's share of this contract is $2,750.00. MOTION by Councilman Billings to authorize the Mayor to enter into the Purchase of Service Agreement for Consultant -Services in conjunction with the Southern Anoka County Community Consortium. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. ESTABLISH A PUBLIC HEARING FOR MAY 17 1993 ON THE PROPOSED REGIONAL SENIOR CITIZENS CENTER: Mr. Burns, City Manager, stated that at Council's request, staff is working on establishing a meeting place for the proposed public hearing on the Regional Senior Ce�ter. He stated that the Fridley High School auditorium was not available on this date, but the Fridley Middle School gymnasium is available. Mr. Burns suggested that the public hearing be scheduled for May 17 and announce that Council would return to the Municipal Center after this public hearing to reconvene and consider the balance of the agenda items. He also suggested that Council begin this public hearing at 7:00 p.m, rather than 7:30 p.m., the normal meeting time. Councilman Billings stated that he talked to Mr. Burns about the fact that they wanted sufficient space to accommodate all those who would be attending this public hearing. Mr. Jack Kirk, Director of Parks and Natural Resources, stated that both the girls' gymnasium and the cafeteria at the Middle School are on the main level and would be handicapped accessible. He stated that he has had meetings there, and he felt the sound system was fine. He felt that if the meeting was at the Community Education Center the sound system may not be adequate. MOTION by Councilman Billings to set the public hearing on the proposed Regional Senior Citizens Center for May 17, 1993 and that the Council convene at 7:00 p.m. at the Fridley Middle School. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 20. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 49032 through 49250. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY CO_IINCIL MEETING OF MAY 3. 1993 PAGE 24 21. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Insituform Central, Inc. 17988 Edison Avenue Chesterfield, MO 63005 Storm & Sanitary Sewer Repair Project No. 242 FINAL ESTIMATE . . . . . . . . . . . . . . . $161,020.00 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Buiiding 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of March, 1993 . . . . . . . . . . $ 10,863.75 Seconded by Councilman Billings. 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 Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 3, 1993 adjourned at 11:12 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: '��������������������7 ; -- Public Hearing — ; � _ � � - � � � � � � / � The Fridley City Council � � invites all Fridley residents to a� � Public Hearing for the proposed � � Regional Senior Citizens Center. � � � � The Facts Are: � � � � � 5,230 senior citizens live in the Fridley, � � 13,000 seniors will live in Fridley by the � � year 2010. � � � Proposed location - 69th Avenue in � � Fridley on 1.5 acres. � j0 Proposed building - 22,000 square feet. j ; 0 2 full-time and 6 part-time employees � � plus volunteers and social service � ; agencies would provide the programs. ; � � A presentation at the beginning of the � � Public Hearing will explain the entire � � proposal including: financing, programs, � � costs, and location. � � ■ � Learn the facts, talk to the City � � Council, give your opinion, and � ; hearthe opinions of your neighbors. ; � � � Monday, May 17th � � 7 p.m. � � Fridley Middle School � � Cafeteria � i 6100 West Moore Lake Dr. i ; ca11572-3500 for more informarion ; jAlso shown live on cable FMTV j � Channe131. Residents must attend the � � Public Hearing to give their opinion. � � � � � �%�: � � " � � — Public Hearing — � L��.��.���.����.����..� • {�llb�lC �Ol'�S �ee% May 17 - 24, 1993 William J. Nee Mayor Fridley. MN �lnld�i�t2�r9S, pubeic wox�s sexuices pt�ot�ide.d ik ouK cow�w�ukity axe aK ikte,gKae pau.t o{� ou�. citize,�s' et�enyday Q�ves; akd �lald�lEl��lS, tRe suppoxt o{� ak uKdexstakdiKg akd ik�oKw�ed citize�xy is U�itQe to tRe. �{�{�iCiekt ope,xatio� o� pubQic woK{2s systew�s aKd pKOC�Kawis suC6� as �ratex, se.�e,�s, stKeets, �igRurays, paK�s, pub�iC buiQdit�gs aKd s�ow Xe,wwUQ2; akd �1J�1��15, tRe ReaQtR, sa�ety aKd co►��oAt o� tRts co�u��y �xea►t2y depe.uds o� tRes� �ac�Qit�es akd sexu�ices; a�d �1�Jd�lE�s, tRa qua2tty aud e{��ect�u�e►less o{� tRese �-aeieities, as we2Q as tRe.ik p2aKKiKg, desigk, w�aikteKaK�e akd CoHstKUCtio� is t�ita2P,� depexdext upoK tRe e{��oKts akd S12iQPS o�- pubQiC woK{2s pexso��ee; a�d �1�(d�I���IS, tRe e{��i�ieK�y o� tP�e quaQi�-ied aKd dedicated pexsokKeQ urRo sta{�� pub2ic wot�l2s depa►�tw�eKts is w�atexia�4,� iK�Que,��ed by tRe pe.opee's attitude aHd uade,xstaKdiKg o{� tRe iw�poKtaKCe o{� tRe uroK{2 tRey pex{}--oxw�; .�o�w, T��t2�ot2�, � rr t2�so�� tRat r, �w�ee�a� 1.��, MayoK o� ta� ��ty o� �.ideey R.exeby pu.oe�aix� �ay 17 - 24, 1993, as �ubl'u �orks �ee� ia t�.e Citl� o� �k�deey aKd eaee upoK aee eitize�s akd eit�ic oxgakiZatio�.s to aequaiKt tRew�seeues witR tR.e pxobQew�s ikVoP,Ved iK pxot�idikg oux pubQiC woK{ZS, a�d to KecogK�Ze tR� eo�tx�but�o�s �RteR. pube�c woK�s pe.�sok�ee w�a�e e.�exy day to ouK ReaQtR, sa�ety aKd eo��oat. TJI( �Wf �I(ESS 9�1�12�0�, I Ra�re set w�y RaKd akd eaused tRe, seaQ o�- t9�e City o{� �xidQ,ey to be a���x�. t��s nt� day o� �Qy, �9�. WILLIAM J. NEE, MAYOA r _ � Community Development Department PLANIVING DIVISION City of Fridley DATE: May 13, 1993 To: William Burns, City Manager �� , � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Conduct Public Hearing for a Vacation Request, SAV #93-01, by Mark and Jean Schwartz and Frank and Vallie Labandz, 1356 and 1372 - 64th Avenue N.E. The Planning Commission conducted an informal hearing regarding the vacation request at its April 28, 1993 meeting. The Commission voted to recommend approval of the request to the City Council. The City Charter requires the City Council to conduct a public hearing for all vacation requests. Staff recommends that the City Council conduct the public hearing. MM/dn M-93-276 [�' S TAFF REPORT � Community Development Department Appeals Commission Date Planning Commission Date : April 14, 1993, April 28, 1993 City Council Date May 3 1993 May 1�, 1993 REQUEST Permit Number - Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conforrnance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMNIENDATION Staff Appeals Commission Planning Commission Attthot �MM/dn 0 SAV ��93-01 Mark and Jean Schwartz/Frank and Vallie Labandz To vacate the east half of the alley adjacent to Lot 13, Block 2, Spring Valley Addition 1372 - 64th Avenue N.E. R-1, Single Family Dwelling Residential R-1, Single Family Dwelling on all sides Residential on all sides Rice Creek See staff report Approval with stipulations 2A � ��- REZ`� �� 3 � „z�_ E4 �" � � 6 R iv ORS S �/2 SAV ��93-01 Mark and Jean Schwartz ��C. /3. T. 30, �' 24 C/TY OF FR/OL EY 14 . � ! . �. LOCATION MAP Staff Report SAV #93-01, by Mark & Jean Schwartz and Frank & Vallie Labandz Page 2 Request The petitioners request that a vacation be approved to vacate the alley located between their properties in Block 2, Spring Valley Addition. The alley is adjacent between 1356 and 1372 - 64th Avenue N.E. Site The alley is located between two single family dwellings. The properties are zoned R-1, Single Family Dwelling. There are utilities and a sanitary sewer line located within the alley. Analysis Mr. and Mrs. Schwartz originally applied for the vacation request. Mr. and Mrs. Labandz contacted staff regarding the Schwartz's request and indicated that they might be interested in vacating the westerly eight feet of the alley, thereby vacating the entire alley. The Labandz's applied for a separate vacation to vacate the westerly eight feet of the alley. The two requests have since been combined into one. Located in the alley is a sanitary sewer line, underground telephone lines, and overhead uti2ity lines. The alley was platted with the original Spring Valley Addition. The alley could potentially provide access to the rear of the properties fronting on Central Avenue, as the alley extends south to Rice Creek Road. The properties in the Spring Valley Addition were platted with a depth of 300 feet. There is opportunity for these properties to be split if an additional east/west street is constructed midwap between Rice Creek Road and 64th Avenue. This road would be extended from Camelot Lane on the east to the subject alley on the west. Vacating the subject alley could potentially limit access and possibly eliminate a cross-connection with this potential east/west street. Vacating the alley would limit the number of options the Schwartz's would have should they choose to subdiv.ide their property to the rear. The Schwartz's at the original hearing on April 14, 1993 submitted a drawing showing an alternate road alignment. They believe this option preserves a resubdivision alternative (see attached). As utilities are located within the alley, a utility easement would also need to be maintained to provide the City and utility companies access for maintenance. It would be prudent for the City to reserve a street easement over the vacated alley for a potential street connection if a future subdivision occurs. The petitioners would also be required to execute and record against their r� �J Staff Report SAV #93-01, by Mark & Jean Schwartz and Frank & Vallie Labandz Page 3 properties hold-harmless agreements which would eliminate the City's liability for replacing any vegetation or fences located in the alley if they were to be removed due to routine maintenance activities by the City or utility companies. Recommendation Staff recommends that the Planning Commission recommend approval of the vacation request to the City Council with the following stipulations: 1. The petitioners shall execute and record a street and utility easement in place of the vacated alley. 2. The petitioners shall execute and record a hold-harmless agreement provided by the City. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission's action. 0 ��2E SAV 4�93-0'1 Mark and Jean Schwart� _ _ _ _ _ __ ------- --_ _ _ - ------ __--- -- , _ --.;��� and- ' .�n z /�3s"� - _��I:��.C�� rt 15 and A ctual Foundation �- _=._, �� � ►t 16 - Locati on � Addition 6 4 TH - ,. _ _ AV E . .RI . E. _ x s �.t� � . y. - � �a� �a p - - �,� ����� 80 I 14 1�0 � # I3'"I?�- M 4� ! ' ; 15 � 25' ; " ti' ���-h' � F ASN0. � ti M `� � CONST. M O : N 14� �..� � 23 4 — 263, . ,� �� " � • t`*� . _ s� N - -. , i ?_. _ . ,_ , .. .. ° -- -� =-- --- °:.�_. --°_ _------�. 6 ����Z.. N /.� � � � L� � � N M O N / Q N v M ... o. . __ ._. .... , . N , !� /4 ,. � �F SITE PLAN f:.� s �i2 s�c. i�, T. 3�, � ��- REz'� 3` �"a E¢ �� 5 �P � div , F�_ '�N� 6 •� ' %� R i� ORS SUfl 88 � 34 C/TY OF FR/OL EY 14 2 �4 - . � � SAV #93-01�� w��V Mark and Jean Schwartz Frank anA Val 1; p T.al��nriZ � �� 43 . . �;�, i � � �� � �' I ALTERNAI'E ROAD ALIGNMENT��� � �� c � ��c �{ � 1�' �� t • �. �n �+ ca1; _ .i �,r c ia� b : Jf {r- _ � � • r' 4. ..,�:� � � �" CITY OF FRID µ� ��` '°'� �� � � �,� LEy��-��,�� , ;� , ���,�,�,�d���� : ,,� ���; �' � � 6431 �LTNNERSITi�. AVE �� � � �� `� '� � � � ` NUE,N�. :. , � ��':���� � ��� � ;r I � yy;��, v 4 ;? f Z+�+a�+�i/ i� 11�L � JJ'N� ��k."FFd �x�.�r p �K /' t I F s l i � � _. �.. +�4w1 �d � . �' �a�`�`` (612) $�i-�4so :` ��� ��� � ,;� �o�MV � � .� ,�! � . �•���. . �;� a � v.a„ ,� .,� � : ,�. �: � - � ��r ,f; I� .+ 4. , rn ��"` r 9 F`t v._. � ��4 Z� � f�� �. Ir 5 � ., 1 ;y 1� Ki4 �,( .,� +#$ 4�f� �' �� T�$., . �dsL� � ��#r.', � ,}�,pb' IfK V3�.i:�-fr � ° � a +,�J� :�e3 ��,�+� `��. � �y� s... � :_— i \¢ �.:, � i �- ��L ai.-J:ti�r,:- I � . � � Y '� ���� d' .. �y,� � a''� }n °- �e fl�,�*ANiv �: t�9 k . _..i. t �� � a s .a t � I� � ::. ., ..,: k�Y..4r ���'��� �j.,/ {!iA b C•J �R���f:�� ����''4°i� ,� h 4 ... " ` a � PROPERTY�i1�FORMATION = site p an,requiredfor �; , : �,b>, ;:� �, , � , f Address: '_i � % Z � '�i � � }o '� �i C� : 'F P�� �D L4 r Property Idenrif'ication Number {PIl� �1 �-" �1- Z� -�--iZ � Lega1 description: �t 13 . Q�� o c� Z� ��„ r..�� � ti� ��% Lot � 3 Block Z Tract/Addition;��' -"� � Legal descripdon of easement to be vacated: � a� �3 L�.� � C f� � � f Current zoning: �-� Square footagelacreage Z� : i Reason for vacation:�n � .,� ��. ,.�.e�� �a��, -�� Have you operaxed a business ijny a city which requu�d a business licen � ��� �', S� k` €�^'�rzr . �fSi� "F x*e�'; .S4i �": f� ci >�h���ir.,' e��?L.�°�1` �� a^' � , , i, � „ . . , ..:�. . .. y . .. y, Yes No �,, If yr�� wh1Ch C1ty`�` ` � . ... . . . . , . "'=:.: , s..` � � � , ��, ; �y�, what type of busuiess?- - � �_ :� w � ti�'' . �,'. " .,,'� .; ..,, a. JF ! 1'rCY J'�t.,� .,, � ,-� ...;� o-rv �� t� 'i�P `i '� �� Was that license ever demed or revoked� � Yes �'� No ��''�� � -" F si � �� - � ��� A :'� t`4� . `� C � - FEE OWNER I�T ORMA � TnN�(�,s:it appears ��n fihe � ��i�u�•r�i � •• , �'7 ` ���� ,, ::. �� �. ___ � -��: : ; . _: G� � � -,� ��. l.,. , a' *����� ���, �` N�'Y � _ _ �� � � r � (Contract Purchasers ��ee�Owneas;must sign �his form pnor;v'f�o pm�cess � .r , � �T ��y, � �� :� � �.- � n, , � ,} �s .. � k���� ��� r 1�IA1Ml,l.7 � R�� \4^�'t-\ 1,�d [��['^�Y�t � Cp1iZ\'Z_�r���a��`�' ��� � '�? r ��- -, 6. �s r t � M � d f�4s � 'Y� w, z a�, ' . E?9i n,.. e� +Y t` a � ,� � .,,,..� ::.�_. . . A1�1�RFC:C 1 �'77 �<,.C��-i�:.e���£wY1���-����,�'�.p��'h'�`��*: ,�.; .� 'rrr�'�iC�I�yj�i `r`� .rA►,..�:4.-�� _.,� �, i ��— � ; 7j �—��s�r+ytr � � � �� � ' _ �� � � L � �l `�_ � , � . � �t t � � �' I �• � _ u � `���/� � ��� �; �,�:� ��, �,�� �.�, > . �,� �``", x � ", � , �. � xA � n, �;� � �r*., navTr�urF pu�x� C 7? -'Z�1c�8s; _:: i`� ���:��» �� - � ,� -�. �� �� � t�t" � q. ; ;4=z,' Ad�S. � �� � .��� �"�.,..� .�.� ���,r.��'�'� .�.,,�L�'€�� �, �'SP'�3s�^C :x�'v`QA�'i ri '�":Y¢,s",c�,�,+�`€c�, �'�'�".,'' . � ��� � Property Identif'ication l�umber (PIN� ��R ���'� ',� :;`� (� >�� 'u � '"06 � C� �. � �;'; ' i ��,. Legal descripdon: � /7�'i�/r-�( � �s�w��•�,-'�-�--°;>:g � 14�1 Y (3a��n °c31� ��. p�� "` :et , _ t 4 �t ��" Bi�k' T��aa�aon ' = � � � ; , , ; �. `��� Legal description oi easement to be vacated ��i�'�� ��`v'' �Ro �.d - AS� �rn �.•%�� 4 : J� � c.� .1��`� �_ � Current zoning: ' - (2 ^ =� :},> �-� � :Square� #oota eJacreage � .�� �TM . :�°. ' r w� owv�'�—hE.� ` A�Ew�I?. -{ �v�,. i..r: �%i+fiw ,.. ' , . . Reason for vacafion: �„a„ �d �, 5 � h_"�� +a �.,�� -: A\�v �.�Ir� Maa�� TE.a,� ;. .Have you operated a busuiess ,�n a, ty wh�ch=requi�ed a business license? -�� t�� w� tt � ti yt. �t y �3'�y�� .: �_T} V - y� �� �� � : - �, . � i;� rr �� 4 'J �yu ;c., "� z �4`s ,��. '�'.�� "��� � � 1 � � lY.� f TC�� L..C. .. � � ,. � '��v.'��v f i�`�� � s°F ��i°r �i�� N 1`�'�A'� } � �-'�� .��. 11 111 �F � �` "�t� a�, x �,-c - } _ , r t£,$ty`�'at �}, S. �-` �" +r . �er = s t.r, a * � � S� € � t �:� _; a„ o- tiw �, �.�, ,y . ,'�„� �, . If VP,S: what tvt�e of busines.t?� � ' ` � _ � � ��' � , �_.� _. . ':�:, . �. .� �� . .Y, � rn:._�.:...... �---L----- *'-- �.ppears on zne .prop NAME �_�+n"�� -t-'�::1JAi\: i:. �� �"��A�llYri i0 Z ADDRESS ! �S`(o � 5/� {-�: �1 �/.1��� �%i�;l�� '= ` { " � 1° .,'�r` i� g +z ,�'',� �`� t r „ c� 7� � . , w� � r � � � -�� : / ��.� r� � � ���� DA�'TIlV�F PHONE�, �,� -. . . � ♦• .o, -cx ,,. :SSrs/.?..:1� r`�' �,.,_ ea+'�sa(nE'a 'T� f .,Rofn s�r. „_. ... Engineering Sewer Water IParks Streets Maintenance MEMORANDUM TO: Barb Dacy� Community Development Director PW93-151 FROM: John G. FlorarPublic Works Director DATE: April 23, 1993 SU B.1 ECT: Vacation Request SAV 93-01 in reviewing the Planning Commission items for their Wednesday, April 28, meeting, I noticed that there is a vacation request for what is defined as an alley located befinreen Lot 13 and 15 and 16, Block 2, Spring Valley Addition. This "alley" has been viewed as a street� for planning purposes. We have looked at a street being constructed from Mississippi Street to Rice Creek Road down the alignmerrt of the right-of- ways that had been platted. Within this right-of-way, we have proposed to constn�ct a storm system which would handle the water coming from the Creek Ridge Park area and convey water into the Harris Pond ditch. It has also been the Council's policy in the past that alleys wouid not be vacated unless 100% of the abutting properties of an ailey opted for the vacation or the construction. Because of the options that the existing right-of way provides the City for future services and accessibility� and because of the inconsistency of the request of this petition, I would recommend that the vacation request be denied. JGF:cz 2J � C.IIYOf F�DI.EY e .�" . .. ., , PLANNING COMMISSION MEBTING. APRII, 14, 1993 PAGB 14 that is worse than getting things organized so thinqs can move forward. MoTION by Mr. Oquist, seconded by Mr. Oquist, to recomm to City Council approval of lot split, L.S. �93-03, by Mich Oberle for D& N Federal Savings Bank: To create two separate parcels, Par 1 1 and Parcel 2, described as follows: Parcel l: Lots 29, 30, a 31, Block 3, Spring Brook Park, Anoka County, Mi esota, and together with the North Half of the vaca d alley adjacent to said Lots 29 and 30, Block 3, S ng Brook Park, lying between the Southerly extensi s of the East line of said Lot 29 and the West line said Lot 30, in said Block 3, Spring Brook Park, oka County, Minnesota Parcel 2• Lot 28, Block 3, Spring Brook Park, Anoka County innesota This prq�5erty is generally located at 260 Longfellow Street N.E. / OPON AJ{�OICF,�VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTIqi�f CARRIED IINANIMOIISLY. N�.�. McPherson stated this item will go to the City Council on May 3, 1993. 4. VACATION RE4UEST, SAV #93-01 BY MARK AND JEAN SCHWARTZ• To vacate the East 8 feet of the alley adjacent to the West lot line of Lot 13, Block 2, Spring Valley Addition, generally located at 1372 - 64th Avenue N.E. Ms. McPherson stated the petitioners reguest that a vacation be approved to vacate the east eight feet of the alley located directly adjacent to their property. The property is zoned R-1, Single Family Dwelling. There is additional R-1 zoning to the east and south, and there is R-1 and C-1, Local Business, to the west. Ms. McPherson stated that between the Schwartz' property and the Labandz' property at 1356 - 64th Avenue, there is a 16 foot easement for an alley which extends from 64th Avenue on the north to Rice Creek Road on the south. The petitioners are requesting that the 300 foot by 8 foot alley.easement be vacated. There are utilities located in the alley easement. Ms. McPherson stated the alley was originally platted with the Spring Valley Addition and could provide a means of access to the rear of these properties in this general vicinity should a road in an east/west direction be constructed along the rear property lines 2K PLANNING COMMISSION MSgTING. APRIL 14, 1993 PAGB 15 to the east. If the alley is vacated and a street and utility easement is not maintained over the vacated alley, this would potentially limit the number of options for a future subdivision in this particular neighborhood. Staff is requesting that this type of easement be maintained over the vacated portion of the alley.. A utility easement would also need to be maintained. Ms. McPherson stated that after the petitioners applied for the vacation request, the Labandz', the neighbors to the west, also applied for a vacation request to vacate the west half of the alley easement. Staff has contacted both petitioners to see if a joint vacation request could be processed at one time, thereby vacating the entire all�ey. Ms. McPherson stated staff is recommending the Commission recommend approval of the vacation request with two stipulations at a minimum: 1. The petitioners shall execute and record a street and utility easement in place of the vacated alley. 2. The petitioners shall execute and record a hold-harmless agreement provided by the City. Mr. Mark Sch�aartz stated that this alley was platted 52 years ago, and it has never been used as an aliey and probably never will. He stated he has lived here 7 1/2 years, and the alley was never maintained before he moved there. He has put a lot of money into seed and dirt to make it look like part of the neighborhood. Yet, because it is not vacated, he cannot use the alley the way he wants to use it. He stated he realized a utility easement has to be maintained. He was not sure whether the street easement is needed and would prefer to see the street easement not part of the stipulations. Mr. Schwartz stated that if all the neighbors on the block decided to split the backs of their lots to create another block, he would suggest bringing a street down the middle and curving it out to Rice Creek Road. The City would r�ot have to acquire any additional property. He stated his house sits approximately 20 feet off the alley, so he did not know how much closer the City could come to his home to acquire enough property for a street. Mr. Frank Labandz stated he did not want to see any street there because the children play in that area. A street would be a bad idea. Ms. Dacy asked Mr. Labandz if they are interested in vacating the west half of the alley. Mr. Labandz stated, yes, they filed for a vacation on Monday, April 19. 2L � ._. . . ,; : _ .....�.........._�.___... . _ _ . _ „r 4r ax _ ., !�c �n,.t . , �- ._m, � .: ... �r-� ., � , PLANNING COMMISSION MS�TING,•APRIL 14. 1993 PAGB 16 ; �ts.`'� Dacy stated '�that if' 'the � Schwartz' are willinq, t2ie vacation application=`for the west=half of�the=alley could be heard`at the April" 28th Planning Commission meeting. Then, botti applications could be combined with one ordinance going to the Council for the same alley. . . Mr. Schwartz stated that if both the vacations can be done at the same time, that would be great. � - Ms. Modig stated she is a little concerned about the stipulation for a street easement. Mr. Sielaff stated he would like to see that part of the stipulation deleted. Mr. Saba agreed. He did not think it very likely that a street would ever be built there. Mr. Oquist stated he also would agree to the elimination of the street easement from the stipulations. Mr. Newman stated he would be inclined to keep the street easement as part of the stipulations. This area has had a variety of applications over the years, and it is also a unique area because of the high water table. Even though he cannot visualize how the easement would be used, he has seen examples in the past where leaving a street easement has been a benefit. There are not many buildable sites left in Fridley, and it allows the City to keep its options open. MOTION by Ms. Modig, seconded by Mr. Saba, to table action on SAV #93-01 by Mark and Jean Schwartz until the next Planning Commission meeting when Mr. and Mrs. Labandz' vacation application will be heard. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOII3LY. 5. RECEIVE MARCH 1 1993 PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Ms. Modi o receive the March Z, 1993, Parks & Recreation Commission ' utes. UPON A VOICE VOTE, ALL VOTING AYE MOTION CARRIED UNANIMOUSLY. / 6. OTHER BUSINESS: a. Meeting w' i City Council �� IRPERSON NEWMAN DECLARED THE Frank & Vallie Labandz Mark and Jean Schwartz SAV ��93-01 Mark and Jean Schwartz 1372 - 64th Avenue N.E. Fridley, MN 55432 Leroy Tovsen 1356 - 64th Avenue N.E. Fridley, MN 55432 Glenn Pilarski 5100 Eden Avenue South Minneapolis, NIN 55436 Current Resident 1315 Rice Creek Road N.E. Fridley, MN 55432 JSC Marketing Inc. 1630 Highway 10 N.E. Spring Lake Park, MN 55432 Lavonne Kowski 6391 Central Avenue N.E. Fridley, NIN 55432 Frank Labandz t356 - 64th Avenue N.E. Fridley, NIN 55432 Sharyn Ramsey 1340 - 64th Avenue N.E. Fridley, MN 55432 Current Resident �381 Central Avenue N.E. ridley, MN 55432 David Zerby 1400 - 64th Avenue N.E. Fridley, MN 55432 Stanley Dahlberg 1384 - 64th Avenue N.E. Fridley, MN 55432 Ernest Klar 1373 - 64th Avenue N.E.. Fridley, MN 55432 MAILING LIST Michael Hausker 1385 - 64th Avenue N.E. Fridley, MN 55432 Dennis Edwards 1403 - 64th Avenue N.E. Fridley, MN 55432 Joseph Nelson 1357 - 64th Avenue N.E. Fridley, MN 55432 John Rau 1341 - 64th Avenue N.E. Fridley, MN 55432 Planning Comm. Chair City Council Members Planning 3/26/93 Council 4/30/93 (Added 4/15/93 with Labandz request) Mark Mattison 6421 Central Avenue N.E. Fridley, MN 55432 Bob Calderom 6401 Central Avenue N.E. Fridley, MN 55432 2N r � � I Community Development Department P G DIVISION City of Fridley DATE: May 13, 1993 � Q,,. To: William Burns, City Manager� I, FROM: Barbara Dacy, Community Development Director Lisa Campbe��Planning Associate SUBJ�CT: Second and Final Reading of Ordinances to Amend Chapters 113 Entitled, "Solid Waste Disposal and Recycling Collection", Chapter 220 Entitled, "Residential, Rental, and Condominium Common Area Maintenance", and Chapter 11 Entitled, "General Provisions and Fees" of the FridZey City Code The proposed ordinance amendments are intended to implement the recyeling strategy for multi-unit buildings. The strategy has three parts: 1. Expand the City's current recycling services contract to include multi-unit dwellings of 5-12 units. 2. Require owners with 13 or more units to contract for recycling services and submit a copy of their contract with their residential rental license application. 3. Require recyeling collectors operating in the City of Fridley to report to the City by weight and material type recyclables collected in the City on at least a quarterly basis. The proposed ordinance amendments are attached for your consideration. An�endments to Chapter 113 require owners who are serviced by the City to pay $0.83 per unit per month to the City (SWAP fee) and require owners who do not receive service from the City to contract for services. This amendment also requires recycling collectors to report materials collected in the City to the City. Amendments to Chapter 220 require owners of multi-units not serviced by the City to contract for recycling services and submit with a copy of the contract with their annuai residential rental license application. 3 Second and Final Reading of Ordinances to Amend Chapters 113, 220, and 11 May 13, 1993 Page 2 Amendments to Chapter 11 extends the solid waste abatement programming fee to 5 through 12 multi-unit dwellings. Staff has notified multi-unit owners and residents of the proposed recycling program and of the public hearing. In March 1993, staff also conducted informational meetings with the multi-unit owners. Recommendation Council conducted a public hearing on April 19, 1993, and the first reading on May 3, 1993. Staff recommends that the City Council conduct a second and final reading of these ordinance amendments. LC:ls M-93-237 m 3A ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 113, SOLID WASTE DISPOSAL AND RECYCLING COLLECTION BY AMENDING , SECTIONS 113.01, I13.07, 113.11, 113.13, 113.15, AND CHAPTER 220, RESIDENTIAL RENTAL PROPERTY AND CONDOMINIUM AREA MAINTENANCE BY AMENDING SECTION 220.09, AND AMENDING CHAPTER 11, GENERAL PROVISIONS AND FEES, FOR SOLID WASTE ABATEMENT PROGRAMMING BY AMENDING SECTION 113 113.01 DEFINITIONS 7. Multiple Dwelling Unit A residential structure with five or more dwelling units. 8. Landfill Site 9. Person 10. Private Garbage and Solid Waste Collectors 11. Recyclable Materials All newsprint including supplements, office paper, corrugated cardboard, glass (iood and beverage), tin cans, aluminum, steel, and magazines and catalogs, and any other materials as mutually agreed upon by the City and its Recycling Collector or building owners and their Recycling Collectors. 12. Recycling Collector Any person or entity engaged in collecting,_transporting, and processing of recycled materials from residential or commercial sites in the City. 13. Refuse 14. Residential Dwelling Unit 15. Rubbish 16. Solid Waste 17. Swill 18. Waste Matter 19. Yard Waste : Page 2 - Ordinance No. 113.07 SOLID WASTE ABATEMENT PROGRAM FEE Effective January 1, 1992, the City of Fridley shall begin charging residential dwellings of one to four units $2.50 per unit per quarter. Effective June 1, 1993, the City shali begin charging multiple dwellings of 5-12 units and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services $2.50 per unit per quarter. Triis fee shall be charged in conjunction with the utility billings as administered by the Finance Department. This fee shall be called the Solid Waste Abatement Program Fee. This revenue shall be placed in the Solid Waste Abatement Fund and shall be expended on solid waste programming activities. These activities include the curbsida collection of recyclables for residential dwellings of one to four units, recycling services to multiple dwellings of 5-12 units and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services, the purchase and distribution of curbside recycling containers, a drop-off redemption center for recyclables, a yard waste transfer site, and other special abatement activities, as authorized by the City Council. (Ord. 962) 113.11 RECYCLING COLLECTION Recyclable materials shall be collected at least once a month by a recycling collector licensed hereunder. The City's recycling collector shall collect all recyclable material placed along the curb of residential properties and at designated locations at multiple dwelling units of 5-12 units and multiple dwellings of 13 or more units that have been certified for service by the City. Every owner of a multiple dwelling of 13 or more units or other units not serviced under the City contract for recycling services shall arrange and contract for at least monthly collection of recyclables. Such services shall include collection of at least newsprint, glass ( food and beverage) , aluminum, steel and tin cans, and corrugated cardboard. Privately contracted recycling collectors shall collect recyclable materials from locations designated by their customers. These materials shall be transported by the collector to a processing site and will be marketed as determined by the recycling collector. 113.13 PLACING OF RECYCLABLE MATERIALS Multiple Dwelling Units At.multiple dwelling units of 5 or more units, recycling collection containers shall be located inside or adjacent to the waste dumpster enclosure. Alternate exterior locations may be designated by the building owner or manager. Recycling collection containers at multiple dwellings of 5 or more units shall be clearly marked for acceptable material. 3C Page 3 - Ordinance No. Fridley Municipal Center and Fridley Public Schools Recycling collection containers shall be located inside or adjacent to the waste dumpster enclosure. Alternate exterior locations may be designated by the building official. All recycling collection located at the Fridley Municipal Center and Fridley Public Schools shall be clearly marked for acceptable materials. 113.15 REPORTS All applicants for licenses hereunder who provide recycling collection services in the City shall submit at least quarterly reports to the City detailing the weight of recyclables by material type collected during the previous quarter. Weights collected from multiple dwelling unit accounts shall be reported separately from other commercial accounts. The reports shall be submitted by April 10, July 10, October 10, and January 10. CHAPTER 220 220.09 MAINTENANCE 13. Collection of Recyclables Every owner of a multiple dwelling of 13 or more units or other units not serviced under the City contract for recycling services shall arrange and contract for at least monthly collection of recyclables to include at least newsprint, glass (food and beverage), aluminum, steel and tin cans, and corrugated cardboard. A copy of the owner's contract for recycling services shall be submitted to the City in conjunction with the annual renewal of the rental license. 14. Containers for Storage and Collection of Recyclables Every owner of a multiple dwelling of 13 or more units or . other units not serviced under the City's contract for recycling services shall be required to provide containers for the storage of recyclables and for arranging for at least monthly collection of the recyclables. CHAPTER 11 GENERAL PROVISIONS AND FEES 113 Solid Waste Programming $2.50 per residential dwelling of 1-4 units and per multiple dwellings of 5 or more certified for service under the City's recycling services contract .3D Page 4 - Ordinance No. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1993. ATTEST: WILLIAM A. CHAMPA, CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: April 19, 1993 First Reading: May 3, 1993 Second Reading: Publication: 3E TO: FROM: DATE: SU BJ ECT: Engineering Sewer Water Parks Sireets MaintCnance MEMORANDUM Williarr� W. Bums, City Manager �� �' � John G. Flora,�Public Works Director May 11, 1993 Overview of the TCAAP Agreement PW93-178 The first agreement proposed to be executed befinreen the cities of New Brighton and Fridley outline the issues associated with the design and construction of the TCAAP interconnect line. New Brighton is responsible for developing the design and construction of the control valve station which is to be constructed in New Brighton. Fridiey is responsible for the design and the construction of the pipeline from New Brighton through Fridley. This includes the construction of a new booste� station and the control system modifications (SCADA). During the design process, each party has the requirement for commenting on the design documents to ensure that they resuit in an overail operabie system for an efficient interconnection. Upon completion of final designs of the control valve and the interconnect line, the documents would be submitted to the Anny by New Brighton for review and approval. F'inal design must be approved by the Army before any advertising for construction can commence. The cities of New Brighton and Fridley are responsibfe for obtaining afl the necessary and appropriate permits and approvals relative to the construction project. Fridley is responsible for acquiring all necessary or appropriate right-of-way and property interests within the City. The agreement requires the cities to make every reasonable effort to expedite the design schedule and construction. The parties agree that they will comply with the laws and regulations of the State of Minnesota in regard to construction and bidding procedures. Upon authorization of the Army for commencement of the bidding process, bids would be requested. The bid period must be open for 90 days after receipt and opening of the bids. The Army would then authorize the awazding of contracts after their review. No contracts could be awarded without the Army's authorization. The agreement speAs out the change order or modification process. This is accomplished through coordination and consent of New Brighton. It outiines the project schedule of essentially 180 days for the construction and 260 calendar days for the SCADA system. The agreement calls for New Brighton to own the pipeline to the Fridley booster station. Fridley would own the booster station ar�d the pipeline west. All payments would be made by New Brighton and remitted to Fridley based upon a submittal of invoices and costs. New Brighton is obligated to pay for Fridley costs to the extent that such costs are properly incurred. The points of contact would be Les Proper of New Brighton and John Flora of Fridley. •� . • � � May 11, 1993 Page 2 The agreement would extend until the final payment for the construction has been made and the warranty periods have expired. The agreement outlines the procedure for termination. It also outlines the process to be foilowed should the Army or Alliant fail to make payments, and establishes how the agreement coutd be modified by written consent of both parties. The document provides for the exchange of as-builts drawings befinreen the two cities and provides indemnification for each City. The agreement outiines a dispute resolution process should it be necessary, and outlines the method of sefecting the authorized representatives. Appendix A to the Design and Construction Agreement outiines the litigation agreements that were compieted between the Department of the Army and New Brighton in regard to the disposition of the treated water. The second agreement to be executed between the cities of New Brighton and Fridiey establishes the grounds for the future operation, maintenance and repair of the interconnect pipeline. New Brighton retains ownership of the primary line to the booster station. Fridley retains responsibility for the booster station and the pipeline west. While New Brighton owns the pipeline, the City of Fridley retains fee interest on the real property. The agreement establishes the position that water would be made availab{e to Fridley based upon the excess needs of New Brighton. It explains the production process of the remedial production facilities, and otrtlines the expectations for peak periods when New Brighton has primary use of all water. It is expected tha# during those periods a minimum flow would be maintained in the interconnect system to eliminate stale water, During the non-peak periods, Fridley would receive all the available water on a relativefy continuous basis from New Brighton. The agreement calls for Fridley making reasonable efforts to assure that all avaitable water can be accepted. As amended, it outlines the quality aspects of the water being prov�dedto Fridley and stipulates that the remedial production facilities will have non-detectable concentra#ions o# volatile organic compounds (VOCj. The ag�eement also indicates that the Army would design, construct, operate, maintain and repair the iron and manganese removal systems associated with the PGRS and PGAC facilities. These facilities aze ato be constructed and compteted by 3anuary 1, 1995, and provides options for receiving the water should there be a delay in putting the iron and manganese system on line. The agreement also provides for a means of terminating the agreement should the Army fail to treat the water for iron and manganese. In the interim period, it calls for the use of polyphosphates for sequestering the iron and manganese. The agreement calls fo� New Brighton to perform all monitoring of the water within their facilities and indicates that any additional monitoring would be a requi�ement of Fridley at Fridley's cost. It establishes that the City of Fridley, at its discretion, may elect to suspend acceptance of available water should New Brighton demonstrate that available water does not meet the requirements of the agreement. It provides for a means of transferring funds to the City of Fridley for any operation, maintenance or repair activities and allows access to both cities to inspect and operate on the inte�connect line system. The agreement specifically states that Fridley would not be charged for any treatment costs or fees associated with providing water to the City of Fridley except for the chemicals, chlorine and fluoride. The agreement also outlines 4A � May 11, 1993 Page 3 any future treatment costs that would be necessitated and outlines whose responsibility they would be; i.e., the ARny, New Brighton or Fridiey. The agreement estabiishes an annual meeting to be held between the two c�ties to revi�nr the results of the operation and update the operating procedures. The agreement also establishes that should the interconnect line not be required, the City of Fridley has the option of purchasing that line for $1.00 or establishes the procedure for New Brighton to abandon the line. This agreement also includes Appendix A which is a duplicate of that attached to the Design and Construction Agreement. It also incorporates an Exhibit B. Exhibit B is a more detailed analysis of the anticipated operating condition and concepts of the interconnect system. It describes the anticipated and remedial production rates of something like 4.37 miliion gallons/day. It establishes the off-peak season as October 1 through Apri130 and the peak water periods as May through September. It outlines the fact that there will be an attempt to provide the City of Fridley 2 million gallons/day during the off-peak season and whatever excess water is available during the peak water periods. It establishes a reasonable uniform rate of flow to ensure pressure control and to eliminate stagnation within the interconnect line. The ag�eement identifies the impact of the New Brighton and Fridley storage systems to be able to receive water and distribute the agreeable amounts. Based upon a review of the documents and the understanding that has been developed between the two cities, recommend the City Council approve the documents in order to facilitate the Department of the Army's action to fund the constnaction project this summer. JGF:cz Attachment � � ROBEfCI'A. CUZY . BERAIARD E, S?EFFEN • RICHARDA.�tERRII.I. DNRRELLA JTsNSf.N J�.FFRhY&}o[-I.NSON � �.K� ]0�3 P.FRICKSON LA�NC� R JOHNSON QAVID A. CoSSi 1HOMAS P. MAtANE I�CHAEL E HlJRLEY SEU1RfJN L. tiAt1. vu�u.c. t�tca: HEItMAN L. TAI.GE DATE: T�: $arna, �Guzy & Steffen, �.,�d. ATIURNEYS AT iAW �'�Gc'C�1tOVVL1 �tllaIIClal ��. 200 Coon Rapids Boulevard Minneapolis, MN SS433 t6ZZ� 7sa-s5ao FAx c6�2� 78a-17�7 FAX '�RAN$MITTAL CC1V$R PAGS M�y 13, 1993 W1�,LI�I W. BU�NS CiTY 'M�INAGF,it GOMPANY'S FAX NO.: 571-1287 ��.,,�..-,�..�,.P 1 -� ,��-> -� PAMEt,AM. �1ARR{,S CkiARI.ES1vS. SEY1CaRA, 1wlf.LIAM �+L F�u+NSEN DANgL Q GANTER; lR. $&VER1.Y K. DODCE ��� � �onN a�. Rtrnn� Sf:'OIT'IvL t.F.PAiC STEVEN !.. MAC�Y QAVIb M.'9�E(GEL xoB�!'G ttYN�s 1935d993 FRi]M: svs.��c�r: VIRGIL C. HERRICK cz�Y :��raRxEY TCAAR MESSAGE: �FOLI�OWING 7'YiE ?�AS�' 'C4tJ�TCII, M��'ING I HAVE REVIEWED THE OPERATION AND MAINTENANCE AGREEMENT B�TW�FN•NEW $i�iGx�rax Axn FkznL�r. SIZ.L �v�xs, Joxx Fr�oR�► ArrD l ALSO IiAD A MEET�NG WY7'H �HE NEW SRIGi�'QN CITY A'�'TpRNEY, CONSULTING ENGINEER AND CI'�'Y MANAGER. THE I�ROPUS$b CHANGES �Y `i'His C�iiNCIL A'I' THx LAST ME�'1.'ING HAVE BEEN ACCEP`I'ED AND INCLIIDED IN THE AGREEI�REN'T. I HAVE AI,Sp REV� s�iF•A THE AC�2EII� TO DETERMINE IF THERE ARE ANY INGONSISrTENGTES WIT�i OTHER S�;C`��U�i$ l�i,t�ip AM cOF THE OPINION THAT THERS ARE NO TNCONSIS7'ENCIES. IT I9 MY RECO�ENDATION TFIAT THE AGRE�iENT BE APPROVED .AS AMENdED AT THE LAST MEETING. '�OTAL PAGES INCIaUpING THIS $FIEE'�.': 2 Please notify Nita Ext. 3;58 at 612-7$0-8500 if all p2�ges Sre n0� received. The infarmation contained in �his facsimile meas�ge is attorn�y . privil�qed and confidenti�l informat3.vn intended anly �o� �he use af the individual. or entitg named above. If the �eader af �his message is not the il�ttended recipient, ar the employee ar agent respan�ible ta de�.iv�r it to fihe intended recip�.ent, you are hereby notified that any disseminatioa, distribution or oopying of this communication is�strictly prohibited. If you hav� nn Equat � E�o�� � _ � . � Community Development Department PLANNING DIVISION City of Fridley DATE: May 13, 1993 i� ' �'f� TO: William Burns, City Manager�. FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Request by St. Phillips Church to Waive Temporary Sign Permit Requirements St. Phillips Church has requested that the City Council waive the temporary sign permit requirements in order for them to display a sign 40 square feet in area. St. Phillips is currentZy conducting a two year fund drive. A banner with similar language was previously displayed on the building. The banner has since been removed and a 4' x 10' plywood sign has been erected on the property at the corner of West Moore Lake Drive and Highway 65. The church has requested that the City Council waive the permit and deposit requirements as well as the length of time the sign may be dispiayed. The church has indicated a need to display the sign for four to six months in order to encourage their members to contribute to the fund drive. Staff recommends that the City Council waive the permit fee and deposit requirements, but enforce the maximum length of time the sign may be displayed. This will permit the church to display the sign for a maximum of 28 days. If the church wishes to display the sign for a longer period of time, the church should apply for a variance. MM/dn M-93-272 O � � 0 6180 HIGHWAY 65 NORTH EAST • FRIDLEY, MINNESOTA 55432 • TELEPHONE 612/571-1500 St.P ' 'p's Luth�ran Church Apri122, 1993 Mayor William Nee Fridley City Council 6431 University Avenue NE Fridley MN 55432 Dear Mayor Nee: I am writing to request a permit for the church to place a temporary sign on the church property. As an invitation to the community for the many services provided at St. Philip's, and as part of our bwilding fund drive we would like to place a temporary sign on the west side of our property along Highway 65. It would be professionally made and very attractive, approximately 4'x10' wood construction with our logo and theme, "Catch the Vision--Celebrate the Challenge." We're present in this community to make a positive influence in people's lives. We would appreciate the permit fee being waived, if possible. If you have any questions, please call me. Sincerely, Allan ). Schoonover, Connie M. Kleingartner • pastors Thelma Nash, administrator •�h� Dahlberg, childhood education A MEMORANDUM - Municipal Center _ 6431 University Avenue Northeast Fridiey, Minnesota 55432 ,G.�� (612) 572-3507 fR[DLEY FAx: �si 2� s�� -� 2s� William C. Hunt Assistant to the City Manager ��r(' Memo to: William W. Burns,� City Manaqer R � From: WiZliam C. Hunt, Assistant to the City Manaqer��/ Subject: Amendments to Chapter 3 of the Fridley City Charter • Date: May 12, 1993 At the April 19, 1993 meeting of the Fridley City Council a public hearing was set for May 17, 1993 on proposed amendments to Chapter 3 of the Fridley City Charter. Due to an error in communication, the public hearing notices contained the�text of amendments to Chapter 2 of the City Charter instead of amendments to Chapter 3. As a result, it will not be possible to hold the public-hearing scheduled for May 17, 1993 due to lack of proper notice. State 1aw requires two weeks published notice before the public hearing can take place. . I request that you present the attached-amendments to Chapter 3 of the Fridley City Charter to the Fridley City CounCil at their meeting of May 17, 1993 with the recommendation of setting a public hearing at the City Council meeting of June 7, 1993. WCH/jb 0 � J y .r,. :^z;;;n; ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridl,ey does herebp ordain as follows: That the followinq sections of the Fridley City Charter be amended as follows: CHAPTER 3 PROCEDURE OF COUNCIL Section 3.01. COUNCIL MEETINGS. `����:: � ., ......:.....:. ..Ef • • ::n:. i.. 4iY: rr••?�:ix{:f.{{:•:;-}T':«xitiSi:?':4iY:?}:::i�:?:.i4:?:....ii�..,}":4Yi'?'riS:+..,�:ir:t:•::8}iiiiilbY••�. '�:sv-�L.—i=9ZZii[L ` .:.r;�::ti� .:n,.; ;; ...,.:<..c•:,:,.;�:r.:,...•:.f.;;�c i :..`�::'•:<..�:..L�'�..�N::��:.3"•:�3::�:^::;::'•�p.�:�:�:3�. � :::>::i'�.�.'::>::�.t�::::::.t�:�1i133�.:3:�:<:,:• ;�..,:>:�•� :• • : .: � :: :.:. ;...: 4.�....,,;�.;:: �:::.:::: � :.: <.;:-::�:.:�.: �.::.: ;;::.::.: �.::-;:.:>:: .::::.: . :.:::: ::�.�;::; ���;� ��:> -. .: ..,..,.: .: _ .. .:: : ..: :.: :.::.::<r,.: : ::::::: � :.:;:.;:.>:.: >::.:;:.;:.;. the newly elected members of the Council shall� assume their duties. Thereafter the Council shall meet at such times as may be prescribed by resolution, except that they shall meet at a fixed time not less than once each month. *. / � l tnpml�crq ....;, . ..... :....... �:::� The Mayor or a��e� �_-; _ . c�:;���tta�a�:�t� of the Council may call special meetings of the Council upon at least twelve (12) hours' notice to each member of the Council. Such notice shall be delivered personally to each member or be left at the member's usual place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person be found there. The presence of any member of the Council at a special meeting shall constitute a waiver of any formal notice unless the member appears for the special purpose of objecting to the holding of such meeting. The Council may provide by ordinance a means by which a minority may compel the attendance of absent members. 3. Al1 meetings of the Council shall be public and any person shall have access to the minutes and records thereof at all reasonable times. The Mayor and each Councilmember shall have one (1) vote. (Ref. Special Election 4/12/60, Ord. 857) Section 3.02. SECRETARY OF COUNCIL. The Council shall choose a Secretary � ����—e����r��,-� to serve at its meetings. The Secretary shall #ee� ��:�����!the journal of minutes of proceedings and such other records�and� perform such other duties as may be required by this Charter or by vote of the Council. The Council may 6A T__." designate any official or employee of the City, except the City Manager or a member of the Council, to act as Secretary of the Council. Section 3.03. RULES OF PROCEDURE AND QUORUM. ' The Council shall determine its own rules and order of business and shall keep a j ournal of its proceedings. A maj ority of a3-� the :����fl C�: C}h•. v.\5� . f: �... ��'�i� Councilmembers shall constitute a quorum to do business,- Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS. Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance and resolution shall be presented in writing and read in full at a Council meeting. All administrative business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and resolutions the ayes and noes shall be recorded unless the vote is declared unanimous. A majority vote of all of the members of the Council shall be required for the passage of all ordinances, motions, and resolutions except as otherwise provided in this Charter. Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances passed by the Council shall be in the words, "The City of Fridley does ordain. " Every ordinance other than emergency ordinances shall have two (2) public readings in full, and at least seven (7) days shall elapse between the first reading and the second reading. All legislation prescribing a penalty for violation thereof shall be enacted in the form of ordinances. Section 3.06. EMERGENCY ORDINANCES. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a vote of a majority of the Council, as recorded by ayes and noes. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in three (3) conspicuous places in the City and twenty-four (24) hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person(s), firm or corporation charged with violation thereof shall have had actual notice of the passage thereof prior to the act or omission complained of. No grant of any franchise shall ever be made by an emergency ordinance. ' �� i Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES, RESOLUTIONS AND MOTIONS. 1. Every ordinance passed by the Council shall be signed by the Mayor, or by �ee �:�'���i<: ����;�:`�.: of the . < { .. , > � ... v : n . .. , � : . . ..: : . �... � .��'. �... Council, and attested by the City Clerk, published and recorded. 2. Every ordinance shall be published at least once in the official newspaper of the City. If the publication of the title and a summary description of an ordinar�ce clearly informs of its intents and effect, the Council may by €�--F4�}- .. G F� .. L.. �. e-�'G7�c9 Di.�S� �R=-3: �'«�- v q,::::.: x, .. .... �`<.:::'�pi�:�.:�i����;;.:::���� direct the City Manager to publish only the����title of the ordinance together with a summary, with an added notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and at any other location designated by the Council. Prior to the publication of the title and summary, the Council shall approve a text of the summary that clearly informs the public of the intent and effect of the ordinance. The publishing of the title and summary shall be deemed to fulfill all legal requirements as if the entire ordinance had been published. 3. Every ordinance shall be recorded in its entirety by the City Clerk in a book kept for that purpose, within twenty (20) days after publication of the ordinance or of its title and summary. Proof of the publication shall be attached to and filed with the ordinance. 4. All resolutions and motions duly passed at each meeting of the Council may, at the discretion of the Council, be published in full or in part in the official newspaper of the City. In the case of partial publication, it shall be indicated in what respect they are incomplete. 5. Any administrative rule or regulation of any department of the State of Minnesota affecting the City or any statute of the State of Minnesota, or any published code, specifications or regulations prepared by an organization for general circulation and use may be adopted and incorporated in an ordinance by reference thereto and by marking the three (3) copies thereof as "official copies" and filing them for reference and inspection in the office of the City Clerk. The publication requirements of this Charter shall be as fully satisfied in such cases by this method as if the material had been set forth in the ordinance in full. (Ref. Ord. 767, Ord. 780) sc Section 3.08. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. Emergency ordinances, except as provided in Section 3.06 of this Chapter, and ordinances making the annual tax levy, disbursing money, determining the annual budget and providing for local improvements and assessments, shall take effect immediately upon their passage. All other ordinances enacted by the Council shall take effect fifteen (15) days after the date of their publication, unless a later effective date is fixed therein. All resolutions shall take effect upon their passage. Section 3.09. AMENDMENT AND REPEAL OF ORDINANCES. No ordinance or section thereof shall be amended or repealed except by ordinance. Every repealing ordinance shall refer to the ordinance repealed by title, date of passage and section number or numbers. No ordinance or section thereof shall be amended by reference to its title alone, but such amending ordinance shall set forth in full each section or subsection as amended; provided, however, that this requirement shall not apply to amendments to zoning ordinances. Section 3.10. REVISION AND CODIFICATION OF ORDINANCES. The ordinances of the City shall, c�$'9�-�'ei?—eF LL' ��"^'"�"^'"cr�—isi� 3t intervals �izr�frr��Of IlOt more than five (5) years, be revised, rearranged and codified with such additions and deletions as may be deemed necessary by the Council. Such codification shall be published �e*�see��eese-�e�€-€e�tt and copies thereof made available by the Council at the office of the City Clerk for general distribution to the public at a reasonable charge. Such publication shall be a sufficient publication of all the ordinances contained therein. �--bee�-���i��;;:;::;�:�� shall contain a printed certificate of the Mayor, attested to by the City Clerk, that the publication is correct and �•--�- '---,_ �;��_<`:��i�� so published shall be received in evidence in all courts���for the purpose of providing the ordinances therein contained, the same as though the original ordinances were produced in court. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1992. WILLIAM A. CHAMPA - CITY CLERK • � WILLIAM J. NEE - MAYOR Engineering Sewer Water Parks Streets h.1aintenance MEMORANDUM TO: �Iliam W. Bums, City Manager �` PW93-177 �" � FROM: John G. Flora! Public Works Director DATE: May 11, 1993 SUBJECT: Award of Street Improvement Project No. ST. 1993-10 (Sealcoat) On May 11, 1993, we opened bids on Street Improvement Project No. ST. 1993-10 (Sealcoat). Six (6) potentiai bidders received the plans and specifications and four (4) bids were received. The low bidder was Caldwell Asphalt Company, with a totai bid of $25,734.02. We have received a list of past references from Caldweli Asphalt Company and reviewed their capabilities. Recommend that the City Council awazd the Street Improvement Project No. ST. 1993-10 (Sealcoat) to Caldwell Asphalt Company for $25,734.02. SEJJGF:cz Attachment � � � FWDI.EY BID FOR PROPOSALS 1993 STREET RECONSTRUCTION, PROJECT NO. ST. 1893-10 (SEALCOA"� TUESDAY, MAY 11, 1993, 10:00 A.M. A.M. <;>�<;�:>'FCJXt�F1C�F::�E : ::::::;:�:::::<:::<'<;::;::;::;::`�:��:::::s:::::;`:s:s>:`:::>:::::::<:::�::�:��:��:`;::::;��:<;�:<�: ��:�:>:>;::»:_>::.>::::::::<::::>�::>::>:<:::�>:�:':s::>::»::::°:<::::::`<'`::��: :>:<:::«.<:::<_:::,>:«:>>.>.;;;:::«.::::::<:::::�_:::<<�;:?>:<:::><::::>�': <:::>::>:<::€::;<�:::;<.><::::<>:::«<:.;::<:>::::::<»>;..::::::'s:s>::�:: .. ...................... ...:...I�.�:::::::.�::. :::::.::::::::::. ... ::.:.BIQ� B�@ND::. ::::::::.:: '�i3���.Bli�..:::::._::::::::::::::..:::::::::::..:.�!(�1�11�I�;�......... Caldwell Asphalt Company 5% United Fire $25,734.02 24060 175th St NE Hawick MN 56246 Astech Corp 5% Employees $30,521.05 P O Box 1025 Mutual Cas. St Cloud MN 56302 Allied Blacktop 5% Continental $31,768.42 10503 89th Ave Insurance Co. Mapie Grove MN 55369 Bituminous Roadways 5°� United $34,159.10 2825 Cedar Ave S Pacfic Co. Minneapolis MN 55407 Bituminous Paving Inc NO BID POBox6 Ortonvifle MN 56278 L G Everest NO BID P O Box 5829 Sioux Falis SD 57117-5829 7A �`' S YEAR CAPtTAL 1MPF�OVEMENT PLAN BUDGET 1993 City ot Fridley State o( Min�esota Streets Capitai improrreme�ts Bepinntn� �Balance Revenues Funds Availabte Proiects Endinp Balance Beginning Balance Aevenues Fur�ds Availabie Proiects �ndi�g Bala�ce 1993 Interest Income Minnesota State Aid - Construction Total Reve�ues Sealcoat Program Overlay Program New Projects 1993 Street Reconstruction Project University Ave Bikeway Opiicom 81sU83rd Total Projects 1994 tnterest Income Minnesota State Aid - Construction Total Revenues Sealcoat Program Overlay Program Easi River Road Upgrade - Phase U fYew P�oject 1994 Street ReConstruction Project Totai Projects �� 54�632�318 . 370,585 ` 659.0�0 � . 1,029,585 5.661.903 124,000 "�'�'� 263,000 209.000 125.000 30.000 751.000 54.910,903 54.910�903 _ 392,872 209.000 601,872 5,512,775 135.000 100,000 110.000 500.000 845,000 54.667.T15 .. ;.u.. ,� - � - u; .;,, s , r" , " ' ■ � . `.-�, ..« - � �V � � , • .,.._.-� � r � _ t . �.T„6^wcwt � s " � �,r, rrt • I ; � t+� �c : _ t s 3 « � � ^ � p . � �r : I • � � � ' � � � � ? �..MVt . � � ' - . . • • i 1 � {3�0 � �. • i! � � �u► r�� � � 6 � .. � � . :. _ . . . � _ w�„ . ,� , s l,,i,; N.�� -� � . - �{eose .�� �., - �1' �. � � ' � _ � �, � � ' . . N .. - . � . . . � � . � . Kl �0 �.r � - . . . .. . � `- . � � . � . . _ . pwNt ! . , � "~ -MSi O � �• �.o sILf.RE3l11110�11 � rL0011[LN.•MOA � . � dEV T��NC • 1022I� S5 0 O.lKl4��f TANK RLl MO �_. ` �► � �� �T � �i► ro.� S 3 �� i 1 �. _ s �s � ,p ; i , , �. �l� I - . . �'� . _ ` i Nfw svtru[ I, ti ,, _ . . RE i O O � M , - . ► r � _ ' r � � % .. : � � , % w > , � C � � -�� . �� � �: i '� � - , � 4 i . _ , j `'�°,`....�.► . i � :� � � \. , � �; _ �,� ' �E. � �--" _ �+ �- � _ __ ,� � i --- -r� � � - �. '�"', �bs � . � � 'T 3 � � an G �. � s i �i . � ��---.� —___r-______� � � i► " ., � .�.�---�—�___ — � .aw i I _ -- � � �, ��,� ` •. / _ .. -�. x-- i `.� // • . � .J � �. CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 May 10, 1993 4Glimer Electric Company 9702 85th Ave N Maple Grove, MN 55369 SUBJECT: Change Order No. 1, Electrical Conversion for Weil No's 2,4,5,6 & 7, Project No. 238 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Electricai Conversion for Well No's 2, 4, 5, 6 and 7, Project No. 238 by adding the following work: Addition: ITEM 1. Electrical feeder connection Well No. 2 2. Electrical feeder connection Well No. 6 3. Trenching and new cable 4. Install circuit breaker Well No. 6 QUANTITY 1 each 1 each 1 each PRICE $3,279.00 1, 020.00 8,130.00 AMOUNT $ 3,279.00 1,020.00 8,130.00 1 each 483.00 483.00 TOTAL ADDITIONS . . . . . . . . . $12,912.00 TOTAL CHANGE ORDERS: Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,725.00 Contract Additions - Change Order No. 1 . . . . . . . . . . . . . . . . . 12,912.00 REVISED CONTRACT AMOUNT $107,637.00 0 � � Efectrical Conversion for Well No's 2,4,5,6 & 7 Page 2 Change Order No. 1 May 10, 1993 Submitted and approved by John G. Flora, Public Works Director, on the 17th day of May, 1993. , ` C, f N� Prepared by � .-� hecked by -�_ � Joh ora, P. E. or of Public Works Approved and accepted this Approved and accepted this day of , 1993 by KILLMER ELECTRlC COMPANY Raymond Bonifas, �ce President day of , 1993 by CITY OF FRIDLEY Wi!liam J. Nee, Mayor wlliam W. Burns, City Manager C� � � TO: ' FROM: DATE: SUBJECT: Engineer�ng Sewer �vate� Parks Slreets h1aintenante MEMORANDUM William W. Burns, City Manager �; � � � John G. Flora, P�tblic Works Director June 18, i�92 PW92-195 Change.�rder No. 1— Electrical Motor Conversion Project No. 230 and Electrical Senrice Change for Well No's 2, 4, 5, 6 and 7 Project No. 238 Attached is Change Order No. 1 from Traut Weils, 1nc. to connect Well No. 13 from a soft start motor to a variable frequency drive (VFD) starter motor. The change order costs are listed below: 1. New motor controi center 2. New variable frequency drive motor 3. Additional labor anc� materials 4. Deduct for soft start motor ancf labor Total Change Order No. 1 $ 9,575.00 17,768.00 4,500.00 �13,800.00� 18 043.00 NSP has pre-approved the rebate for the variable frequency motor for $8,750 and also approved $250 rebate for the new pump motor. The total amount of the NSP rebate is $9,000. The potential energy cost savings projected by NSP for Well Na 13 is $4,712 per year. According to NSP officials, the energy savings alone, without the savings on the pump and pump motor, the payback for the additional cost is less then two years. Also, because of the new NSP rebate program on VFD motors and the potential energy savings, the electrical service bids for Well No's �, 4, 5, 6 and 7 were rejected during the last Cou�cil meeting. NSP has pre-approved the VFD motors for these wells for a total rebate of $43,400. Cost difference for this project is listed below: � �� €� 8D �'� � , ' June 18, 1992 Page 2 1. Average bid for variable speed drive _ (based on rejected bids) $92,000.00 2. NSP rebates (5 VFD motors) � ,�43.400.00) Net difference: $48,600;00 3. 1992 Water Capital (mprovement Budget 57,000.00 Net difference $ 8,400.00 4. TKDA — new plans and specifications 5.000.00 Net savings to project 3 400.00 The combined cost difference for Well No. i3 Change Order ($9,043) and the potential cost savings of the Electrical Service Project ($3,400) is: - Well 13 Char�ge Order No. 1 $ 9,043.00 Electrical service cost savings (3,400.00) Cost difference of combined projects 5 643.00 (without energy savings) � The energy savings projected by NSP officials for these wells is $25,000 per year, not including the maintenance costs savings to pump and pump motors. The Change Ocder No. 1 will cost Fridley $5,443 up front in 1992, but potentially the City can save over $25,000 yearly in energy and maintenance savings. Recommend the City Council approve Change Order No. 1 for Well Electrical Conversion Project No. 230. We will present to the Council the bids for Electric Conversion of Well No's 2, 4, 5, 6 and 7, Project No. 238 when the new specifications have been advertised. BN/JGF:cz � � I � _ � — � � NORTHERN STATES POWER CON�ANY �� : o��o�s3 � 7� 414 NICOLLET MALL MINNEAPOUS, MN 55401 NO. 20G9610s::, ` TO THE OROER OF : �. 4 CITY OF FRIDLEY WELL 2 T PAY �`�' � � - � s ,"' a' � � -: � ATTN _.JIM SAEFKE . ; '. ` .,:� :� � �: — _:, �,� � 6431 UNIVERSITY. AVE NE - - - -'� . .-- � - � FRIDt,EY MN : ; � . � � r � L�� � �� _ t:ss� c�y3� a-� 55432 _ �� a �, .�, ,� -�- ���:� _ ' � ,i �"1 t. S.. � �. � s . � - � ��'��� i'? �'1 �� xt�' Mr . , . ...* �. ; � � � ��.x � � � . �.+f,.C��a, � .�. .��2..�'a� -,1 �..�;' � � . . � ��`.� . � .,� Y . � �'~ .�_ ' .F, t f.5� b C'�.i w T: `k` ^s � ' Sv4.— 1� o,,. 7 -� ST 811�IC-RED MI1� N.�. =8T5000� �;COFRIDE0003T �� �tirF IiEO WING. It�IESOTA �5066 . _.. .. � u'0 20696 �0��' �:09 L900465�: 2����645i►' NORTHERN STATES POWER COMPANY '��� ��E' � N� COFRIDE00037 .mM»+�e• •�� aEASON oue oArE oE�o � fiR088 AMOUMT DI�OOUNT OTl�R ADJUBTMENTB 8ALE8 TAX I�T AMOIMrT RFCPO 3665 �. : _ r a: , � � � k 03/05/93 ASD REBATE .00 .00 �750.00 , A .00 $750.00 �� �IOT NE ss 7so.00 � G�TIA�LE OD0154 os»oi Zos�s�• �T"� —�-� "�W. � .r _ a DATE' I� NORTHERN STATES POWER COIV�'ANY ` :� os�io�ss ' 414 NICOLLET MALL MINNEAPOLIS. MN 55401 - N0. 2069E ���� � m � o�n oF : . � � � :COFRIpE0Q039 . ' � � fk �' 4 � t. � . � ' . . . � - ,s.,,. i'� f �€;t; ^ �rL,s.� j,�i�`� . . . . � . . ,. � : t . .. , v. . . _. . .. �ti . . .. .,�r . 4 ,pr... I�. � ° . . ... . . . . _ . . . . . . . . . .__' . I w . .-fi�}S`r.L` .t� _.. s:::lf... ��3� .. '. . ��:� .... -`� ..fi':4P,..,� . .�7;_, .'a:= . i� . n:l'f`:2"',_�',:.! ..i ;r .. tt ;. ��' S CITY OF FRIDLEY 6 ' -.s � s� �. � `��.k�: ���� I ATTN JIM SAEFKE � x :�}, � a�;`PAY �. ��`����������� :� 6431 �INIVERSITY : AVE NE � � � ,,,{ � �:�� ���. ��''K FRIDLEY � 11N - � �, ~ � .�.�t �.�. ,. x j- .. �t; c�.. ..a.a.t �`'r, a- c. n �4.tf��, i F:�'&�+��'°a!'F�� � �i. ,�- C°1' .z t r�' �1 3 i r Y} CP;�, i! ti..�t..�. ii SS��� -.: '� _�,i s.o � a�t.a R ai��f° °ey 9 i. fS3 ;.i �'.itt`Y� ��� d� i"'' � •i�$}: ' � ,; .� ,� �"�t'titi.. ���r�«s�--'-,�er �� -�! i' �-',� rs�.. ,�r � � � � R ' � �� ��1° . � .. . � : : . ��� .• J 1 4 - ti ..] vy ��?�+r.t' t lti.o3i� _ Ta � t3 y4 s � �: �' uf st t s'�--i'6'�xF k�'c �rta�*u'L��'i�`'��r�F v^t+ a . . . '- ..�� -. � � b.. �� r �3 .x i ..w_ c � � � �,,,, � �w . . ..._ -:. . ...�:_ „ _. ,; t ' . ° .. i . d �': �� . b � � �^ �r» � �- r ';� � '�s,`° � � �.. �MEST BANK REO MING N. �. 8T5000 _�, COFRIDE00039 �uu� � ,,,r.,, MING M2NNESOTA �5066 `� � . _ . ,.• ,,•;, .....;> ,., ,.. u■O 20696 l ���' �:09 L900465�: 2 L���645��' NORTHERN STATES POWER COMPANY '�nT� ��%E' �� COFRIDE00039 n°M'""°i ww�cEM"�c" REASON WE DATE OE�RF.D � GA088 AMOUNT W800UNT OTHER ADJUSTMENTS 8ALE8 TAX NET AMOUNT RFCPO 3663 03/05/93 ASO REBATE .00 .00 8750.OQ .00 8750.00 0 NOT NEGOTIABLE 000��s osi�o 2069611 TOT� �� $$ 7so . o0 r� i . - 1 z - - -r . . - T . —. . .. . .... ;,.. . . . . . .. DATE µ 62-20 I`� NORTHERN STATES POWER COIV�'ANY o��o�s3 :" �_--�.. 4i4 NICOLLET MALL � MINNEAPOLIS� MN 55401 NO. 65802 :,,� ` � s �, � TO TNE OROEfi OF : �OFRIDE000�8 � .�' -�� - � ���� � � � �� � f -� �;� �, �x �t�€-r �� f . _ ., i.{: A. + li.� ;[ S,C�iafi'�l ?�t��tC. 7 tITY OF FRIDLEY - �5 . -z ' a � � � .�.. �,� � � ���';�ri� , � -- �� > s.� , PAY t: � ¢{'�'����� � �.. ;.�� AT'fN JIM SAEFKE ` � ��'�_-��"���..�1�I�Op� ��10 °� 6431 -UNIVERSITY • AVE NE - °' �` r�' �� ����`�': ��`'�`� ' 4 � � �� . ,�r+�..�:f3,si.•y !a.;3r.. r.�-.A ��.►�+t �'�'tk� � s i -�, FRID�EY MN �� ` � c ,ti��� ; �,, � � � L� � �_��,�,��;qlpf�,t� � ��� '`"���;�i." .�}���a}1, � �= 5343 �..��,� « �._.,1 P�- � z -��--�.'-�''���"����.���'� ,. � - � —r.r— -..i3c -r r(2 L �y� x''..9 - � `� K3w i r = - '' � �-r ^t s,a`��rn�� .�✓�{ ��r' cnY � y anr�y,,,� ; �'`.i : .,. . ; _ _ s...w. x: }^ -� ,:.� CITIBANK DEIAWARE o� �N�r s wnY 1400000'- ��COFRIDE00038 - �� i►ur�+oaiEO sw�u► �`�� �p7��"� I�M CASTLE. OE 1 �i720 . _ - , _' ii'0006 580 2��' �:0 3 L L00 209�: 38 70 2 L 39��' NORTHERN STATES POWER COMPANY '�RT� �N�' ��E N�� COFRIDE00038 �mM+�+� �E� HEA80N DUE DATE DEI�RRED � GROS8 AMOUNT DISOOUNT OTHER ADJUSTMENTS 8ALE8 TAX NET AMOIJNT RFCPO 36G4 0 03/05/93 ASD REBATE .00 .00 14000.00 .00 14Q00.00 0 NOT NEGOTIABLE o00007 osi�oi s�so2 TOTAL --� $14 000 . o0 / _ CINOF F��� MEMORANDUM Munlcipal Center 5431 U�iversity Avenue N.E. Office of the City Manager Fridley, MN 55432 � Wiltiam W. Burns ; (612j 571-3450 TO: The Honorabie Mayor and City Coun '1 FROM: Wi!liam W. Burns, City Manager �:� 1V • DATE: May 14, 1993 SUBJECT: Notice of Abatement of Penalty, Interest and Cost - Paco Industrial Park/David Harris On April 30, 1993, I wrote a memorandum to you describing a proposed abatement of penalty, interest and cost on taxes owed by Paco Industrial Park for the years 1989 and 1990. It is being recommended that the Anoka County Commissioners waive the penalty, interest and cost amounting to $22,369.32. It is my understanding from Rick Pribyl, Finance Director, that of this amount, approximately $3,000 would be the City's share of the penalty, interest and cost. At Monday night's City Council meeting, Council needs to either not object or object to Anoka County's waiver of the above amount. Please let me know if you have any additional questions. - Thank you for your review of this matter. VW1IB: rsc [•� � �°�e c�U� Q �� � - �:��� M�NN E 50�0 JOHN "JAY" McUNDEN County Administrator William Nee, Mayor City of Fridley 6431 University Avenue NE Fridley, MN 55432 COUNTY OF ANOKA Office of County Administration GOVERNMENT CENTER 2100 3rd Avenue • Anoka, Minnesota 55303-2489 (6i2) 323-568Q April 27, 1993 NOTICE OF ABATEMENT OF PENALTY, INTEREST, A1vD COST Linda Huber, Chair Fridley Independent School District #14 6000 West Moore Lake Drive NE Fridley, MN 55432 Re: Paco Industrial Park - David Harris PIN No. Rl1-30.2432-0007 Dear Sir/Madam: William W. Burns, City Manager City of Fridley 6431 University Avenue NE Fridley, MN 55432 Dr. Dennis Rens, Superintendent Fridley Independent School District #14 6000 West Moore Lake Drive NE Fridley, MN 55432 The Anoka Counry Board of Commissioners, pursuant to Minn. Stat. § 375.192, subd. 2, hereby gives notice to the above-referenced school district and municipality that it will consider the granting of the abatement of penalty, interest, and cost reqaested in the attached application for abatement and as indicated below. Please note that the abatement of penalty, interest, and cost exceeds $10,000.00, and if the school district or municipality does not object to the granting thereaf, the County Board may grant the abatement requested. "if either the school district or the municipality objects to the granting of the abatement, the County Board will refer the abatement to the Commissioner of Revenue for his recommendation pursuant to Minn. Stat. § 375.192, subd. 2. On page two of this letter, you will find a form to be used to indicate whether your city/school district objects or does not object to the proposed abatement of penalty, interest, and cost. Both pages of this letter, with the completed form, must be r�urned to the County by not later than May 17, 1993; otherwise, County Board members do not plan to act on this request. Please send the form to Edward M. Treska, Anoka County Property Tax Administrator, Anoka County Government Center, 2100 3rd Ave�ue, Anoka, Minnesota 55303-2265. The applicant and the propeRy on which the abatement is requested is identified as: Applicant: David Harris PIN No: Rll -30-24-32-0007 FAX: 323-5682 Aifirmative Action /��pportunity Empioyer TDD%TTY: 323-5289 i page 2 Address ([ocation of property): 250 Commerce Circle South, Paco Industrial Park, Fridley, Minnesota Description and amount of abatement being sought: Owner seeks an abatemera of penalty, interest, and cost payable in 1989, 199�0, 1991, and 1992 as outlined below.- Year P a le 1989 195�D 1991 1992 Tctx OutstandinQ Interest $13,986.82 $4,706.49 26,378.77 6,765.89 11,279.98 1,6(17.40 11,487.75 327.39 $13,407.17 P nal $1,958.1 S 3,693.05 1,579.20 1.608.29 $8,838.69 � Total penaltv. interest, and cost to be abated Reasons for abatement agreement: See attached abatement application. Total Pen. & Int. $ 6,664.64 10,458.94 3,18b.60 1 9• 3S• b8 $22,245.86 123.4b 22 69 2 If you have any questions with regard to this matter, please feel free to call me at 323-5680. Sincerely yours, ��� John "Jay" McLinden Anoka County Administrator, on behalf of the Anoka County Board PIN NO. R 11-30-24-32-0007 With regard to the proposed abatement of penalty, interest, and cost for the property noted above, the City of Fridley (check one): sy: Its: Dated: Attachmeirt OBJECTS By: Its: Dated: DOE5 NOT OBJECT PLEASE RETURN BOTH PAGES OF THIS LETTER. • � mcl�c�m�cL� Form No. 907 —�m�ss�oner pt Revenue qbatement Form 5(Aev. 5/90) � S � Q o < < �o � U2 U PouCAer. Mds. APPLtC/�TION FOR SETTLEMENT AND ABI�TEMENT pF DELtNQUENT TAXES, PENaLTtES, tNTEREST AND COSTS UPON REAL ESTATE (M.S. 3�5.182) Please print or type. ��s�#�v ApdicanYs Name �!1 v j�� r r i c Appiican2's Maiting Address ncvi�c�+s'S Social Security Number ���7 6_�.�,�-i3_�_ � 2 9 2 C o m m e r c e C i r c 1 e S o. - 7e+ephone �wonc) �( � 2 F r i d 1 e y� M N. S 5 4 3 2 Te►ephone (home) ( )✓ 5 7��..9 5 5 1 DESCRIPTION OF PROPERTY i Property I.D. or Parcei Number. ✓ Street Address pf diflerent than abovel Legat Descripiion of Property. OWNER'S OATA 1. Owner's Esiimate ot Market Value: City or Township Lot 7 Block 1 Paco Industrial Park Land 5 SUvctures S 7otal S What do you base this value estimate on? ExPlain. School District No. 2.� Taxes on said rea! estate are delinquent and unpaid for aft ot the fdlowing years: P�C I t i a 1 19 8 9,19 9 0 & P a r t i a 1 3 9 91 3. Accumulaied taxes, penaRies, mieresi and costs which are now a lien agairrst said real estate amounted to 5 4. The reaso�s said taxes l�ave not been paid are as fd)ows. (Explain tully,) SEE ATTACHED SHEET 5. Applicant is willing and now ofiers to pay in fuU settlement of said acx:umulated taxes, penalties, interest and costs the � sum ot 5 _ 6. Such settlement is reasonabte because: (Explain fully why applicant cannot or will not pay mwe.) APPUCANTS REOUES7 Applicant reouesis tha2 said taxes, pe�aliies, inieresi and costs +n excess ot said sum ottered by applicani be abaYed and cancelled upon the payment by him of said sum, and that su� payment be eccepted in tull payment thereot. 7his statement is 2 true and futl stateme�t of all tacls � own to the applica,nt relative to this matter. �,� r � /.� � � � ApdiqnYs 'gnature � Date NOTE: Minnesota Stalutes 198g, Section 609,41, "Whoever, in makinp any statemen� oral or written, which is required or authorized by law to be made as a basis of imposing, redupng, or abating any tax or assessment, intentionatly makes any statemen; as to any material marier which thg maker of the statement knows is false may be sentenceC, unless otherwise provided by Iaw, to imprisonment fa �ot more fhan one year or lo paymeni of a ime ot hoi more than 53.000, pr both.« 9C March 7, 1993 Department of Property iax Administration 325 East Main Street Anpka, MN. 55303 Attn. Administration Office As the owner of the property at 250/292 Commerce Circle .ivv �.� • y�• ♦ a.� �y vi � J V rI J t.l- b �. V l�l l VI� J J l.1/ �y IIIV L 1.. �1Q1�. {�r G1�5�11 1.1y i 1y�� by the R.T.C.), I am requesting an abatement of the penalty and interest on the real estate taxes. I feel very sirongly that I am an innocent vict�vm of the Savings and Loan Problems that has plagued the American public. I did not have any voice in claiming fovl when the R.T.C. would not �g honor the previous banking committments when it took contral o` the failed United Federal Savings Bank of St Paul. During the first two years a'fter construction there was an abundance of rental space av�ilable. Although I had only 5� occuaancy I still paid the real estate taxes when due. When it bAcame possible to negioate leases for the building I went to the bank to secure the funds for t�nnant imFrovements.that was promised p*eviously. Unfortunately by this time the bank was in if�t����b6��4 recevership and the R,T,C, was in control. I explained to them the capital improvements agreement and was told thaL they would not honor any previous funding agreements. They explained that they were a collection agency and nora bank. Also as I had always been current on my mortgage payments there was nothing more to discuss I was forced to a5id� by a provision in the mortgage whi;.� prohibits placing a second mortgage on the property. This lef� no �li,ernative but to fund these improvements•out of pocket. • ,1 2 It became a catch "22" situation, either pay for the improvements and secure ten�ants who in the future will provide income so that the taxes can be made on an ongoing basis or in the alternative not have any t ennants to ever pay the R.E. taxes. This process, although painfull, has worked as it relates to the current R.E. taxes. Ipaid a 50% portion in 1991 and the first half taxes in 1992. On May 15th I u�ill be able to h'�y ����- .>"::i.ui�u Z �onca i vi 1/%L a��u � 11J1. �id11 UI 177J. I have invested nearly $250,000 in this proper�y and feel very strongly that I should not have to give up my interest and retirement equity in this property because of another govermental agency decisions. This loss will make it impossible for me to continue in business and subsquenily my demands upon the system over the next few years will exceed the penalty and interest now owing. I am willing to pay th� tax now owing but request that f�irness prevail and the pen�lty and interest be waived. 0 Si�cerely . ����� Oavid Harris 9E 10 11 � ; , . - � FOR CONCURRENCE BY THE CITY COUNCIL �p���t P1ay 17, 1993 . Type Of License: B�r.� Approved By: FOOD ESTABLISHMENTS Loyai Order of Moose � Same 8298 University �Ave.1J.E. Fridley, MN 55432 . Total Petroleum � James P. Hi11 ' 5300 Central Ave.N.E. Fridley, MP� 55432 PEDDLER Matt Milner Sales �erald �lohnson . James P. Hill 1298 52nd Ave. f��E.. � Fridley, MN 55421 VEHICLE BODY REPAIR Abra Auto �ody Inc. Steve Weisenberger Barb Dacy 7710 University Ave.N.E. City Planner Fridley, MN 55432 Chris�ensen Auto Body Carl E. Ghristensen " " " 6501 E. River Rd, fJ.E. � Fridley, MN 55432 Friendly Chevrolet Geo, Inc. Roger J, Moody .° " 7501 Hwy 65 Pd. E. Fridley, MN 55432 Fridley Auto 8ody, Inc. Same °� " 960 Osborne Rd. N.E. Fridley, MN 55432 Sam's Auto Body Samir Awaijane " " 7570 Highway 65 N.E. . F�idley, MN 55432 12 � m w LiCENBEB • • Fees • ' $45.00 $45.00 $60.00 $150.00 $150.00 � $150.00 $150.00 �150.00 0 FOR CONCURRENCE BY THE CITY COUNCIL LICENSES �,�,AC�TO,�P,�G Northern Asphalt Const Inc � 11064 Raddison Rd NE � Minnea�wtis MN 55449-5339 FL�c'�'�3IC� Electric Service Co of Mpls Inc 1509 Chicago Ave S Minneapolis MN 55404-1697 Jeannet�e Larson James Peterson Electrical Contractors Inc 15343 C�rtis Ave NW Monticello MN S53b2-6250 Delores VVermerskirchen Mayer Electric Corporatian 5128 Hanson Co�rt Minneapolis MN 55429-3192 Cherie Holm Pete's Repair Inc ' 8835 Xyion Ave N Brooklyn Park MN 55445-1829 Pete Perusse �.�AV�'�� Weld Don Plumbing � 40U Cottonwood Ln Plymouth MN SS441-6000 Jerry Martin �AS S�RVICES Pete's Repair Inc 8835 Xylon Ave N Brooklyn Park MN 55445-1829 Pete Perusse SFN�RAI- CQ�j. �CTOR-CANlMfiRCLAL Harstad D W Co Inc 15850 Lincotn St NE Ham Lake MN 553U4- Alton Johnson Pete's Repair inc 8835 Xylon Ave N Brooklyn Park MN 55445-1829 Pete Penisse River Road Investors 7841 Wayzata Blvd Minneapolis MN 55426-1488 Chris Johnson 12A CLYDE WILEY BLDG INSP STATE 4F I4sINN Same Same Same CLYDE WILEY BLDG INSP CLYDE WTLEY BLDGIMECFI INSP CLYDE WILEY BLDG INSP Same Same ��N�R.A �ONTRACT�R_RF_�D�NT�„AL Beissel John Inc (6453) 1S3 E Thom�on Ave W St Paul NiN 5511$-32b1 Jeff Beissel Budget Exterriors Inc (b564) SOl 16 St Newport MN SS055-1065 Gates Roofing (6793) 4640 Ximines Ln N Plymouth MN 55442 Gorco Builders Inc (7162) 1595 Hamel Rd PQ Box 241 Medina MN 55344-9784 Johnson George B {1016) 5410 Girard Ave N Broolclyn Cent�er MN 55430-3166 Tri-Star Builders of Wayzata (2689) 913 Twelve Oak Cetrter 15500 Wayzata Blvd Wayzata MN 55391-1415 Twin City Storm Sash (3090) 10825 Greenbrier Rd Minnetonka MN 5S34S- HEATINC Marsh Heating & AJC Co 6248 I.akeland Ave N Brookiyn Park MN 55428-2937 Pete's Repair Inc 8$3S Xylon Avenue N Brooklyn Pazk MN 55445-1$29 Rapid Heating & AiC 5514 34th Ave N Crystal MN 55422-2600 Todd Shilz Bruce Gates Sheldon Coplin George Johnson R Tames Conzet David Savage LarrY Marsh Pete Perusse Duane Biddle 12B STATE OF MINN Same Same Same _1• ±,� Same Same CLYDE WILEY BLDG INSP Same Same �I���V BOWlei' COmpAtty 511 E Lake St Minneapolis MN 5540$-2494 Olson Doug Plumbing Inc 931 A4 Ave NE Columbia Heights MN SS421-3048 P& H Services Co Inc 248 73 Ave N Brooklyn Park MN SS430-1306 Plumbing Services Inc 1628 Hwy 10 NE Minneapolis MN 55432-2171 Rosetown Me�hanical Inc 10732 Hanson Btvd Coon Rapids MN 55433-7221 Weld Don Plumbing 400 Cottonwood Ln Plymouth MN 5544I -C�U BOOF�NG Superior Roofing Inc 2717 E 32 St Mirtneapolis MN 55446-1906 ,�,�V ERECTQR Sign I.anguage 6237 Umversity Ave NE Fridley MN 55432-4944 Signcrafters inc 7775 Main St NE Fridley MN 55432-2581 Suburban Lighting Inc 6Q77 Lake Elmo Ave N Stillwater MN 55082-9375 Jam�s Potts Doug Olson Gerald Steffens Michael Na11y Keith Zimmerman x�y �► Daniel Wbelan Jimmy Golden R Yurecko Phil Larson 12C STATE OF MINN Same Same Same Sarne Same CLYDE WILEY BLDG INSP CLYDE WILEY BLDG INSP Same Same ,$WI�N�IN,iG Pf)OL Belgazde Enterprises 7841 Wayxata Blvd Minneapolis MN 55426 ��8 � Desiga Elecbric PO Box 1252 St Cloud MN 56302 AT: l l l 83rd Ave AT: Univ/Miss St 12D CLYDE WILEY BLDG INSP CLYDE WILEY BLDG INSP / � UNOf Fwa.�r FOR CONCIIRRENCE BY THE CITY COIINCIL MAY 17, 1993 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Piaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 ESTIMAT88 Statement for Services Rendered as City Attorney for the Month of April, 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,133.64 Innovative lrrigation 10006 University Avenue N.W. Coon Rapids, MN 55448 Corridor Maintenance Project No. 243 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . $ 3,549.91 Jon Isaacson Lawn Care 105515 County Road 116 19910 Dassel Lane Rogers, MN 55374 Lake Pointe Maintenance Project No. 244 Estimate No. 1 . . . . . ................... 13 $ 3,283.90 13A