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11/15/1993 - 4936� � � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 Page 2 OLD BUSINESS: Appointment to CAN Advisory � Commission (Tabied October 4, 1993) ...................... ,��............. 1 Motion Directing Payments from the Cabie Television Franchise Fees (Tabled October 18, 1993) NEW BUSINESS: Appointments: City Employees �1 . " i .. ��. ........ 2 .�,�.�.,� . . ... . .� ....... 3 s � i Resolution Declaring a Vacancy in the � City Council and Ordering a Special �Cj � �� Election . . . . . . . . . . . __ . . . . . �. � . . . . 4 - 4A �,�i� - First Reading of an Ordinance Establishing a New Chapter of the City Code of the City of Fridley, Chapter 112, Entitled �False Alarms," and Amending Chapter 11, Entitled "General Provisions and Fees" . . . . . . . . . First Reading of an Ordinance Establishing Chapter 128 Entitled "Abatement of Public Nuisances" to the Fridley City Code .... _ . 1!`� 1 � i»�.�,� .Sv— n �� . . �r.�' � . :� . . (1�;� � v . . . �. (,�'� i iI ... 5-5C / .... 6-6E FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 Page 3 NEW BUSINESS (CONTINUED� Receive the Minutes of the Planning Commission Meeting of October 27, 1993: . . . . . . . . . . . . 7 - 70 A. Establish a Public Hearing for December 13, 1993, for a Preliminary Plat Request, P.S. #93-04, by Dale Edstrom of Northco Corporation, Northco Business Park 4th Addition, fo Replat Property Generally Located at 500 - 73rd Avenue N E ��� ��'� � � �� 7E - 7F 7H - 70 �� $ �5 ���� - � Approve Supplemental Contract with /��� Westwood Professional Services for � � i Wetland Consultation Services . . . . . . . . .P .�. . . . . . . . s - sB � I..% � p5 Approve Return of Unused 1991 CDBG � �� Funds to Anoka County _ . . . . . . . . . . .' . . . . . . . . : . . . 9 � Approve Disposition of Tax Forfeit `� � Property in the City of Fridley . . . . . . . . . .� ;�. � . . . . . . 10 - 10D Approve Participation in Springbrook ��J�� Creek Erosion Project (Generally Located at 8111 Fairmont Circle) .��. .... �►� 11 - 11B ...... i FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 Page 4 NEW BUSINESS (CONTINUED : � f i � , Approve Joint Powers Agreement between �r the County of Anoka and the City of �1' ;,�� Fridley for the Installation of Traffic S'�/,�,j Control Signals at the Intersection of � y� ,� County Road No. 132 and Springbrook � �� Drive ...................................... 12-12H ��� � � , � Receive B�ds for the 64th Avenue Storm ��/ Water Improvement Project No. 260 . . . . . ;� . . . . . . . . . 13 - 13A Resolution Requesting Variance from Minnesota Department of Transportation Rules for State Aid Operations to Allow Street Improvements with 50 Foot � Right-of-Way Widths (Third Street, 63rd Avenue and University West Service Road) ....................... Resolution Requesting Variance from Minnesota Department of Transport�,tion Rules for State Aid Operations to Allow Street Improvements with 50 Foot Right-of-Way Widths (Camelot Lane and Squire Drive) . . . . . . . . . . . . . . . . . . �� �,� ,� .............. 14-14B � �. ............... 15-15A FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 Page 5 NEW BUSINESS (CONTINUED� Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . 16 � � Claims .................... ................. 17 %,f Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 18B U" Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 - 19A V`" ADJOURN: 0 THE MINIITES.OF THE REGOLAR MEETING OF THE FRIDLEY CITY COIINCIL OF NOVEMBER 1, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings and Councilman Schneider MEMBERS ABSENT: Councilman Fitzpatrick APPROVAL OF MINUTES: COUNCIL MEETING. OCTOBER 18, 1993: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billings. 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: PROBLEMS AT APARTMENT COMPLEX AT 5430 7TH STREET: Mrs. Violet Jurek, 556 54th Avenue, stated that she is a concerned and angry citizen regarding the apartment building at 54th Avenue and 7th Street. She stated that there was a shooting incident at this complex several weeks ago, and all the neighborhood is angry. She stated that she has lived in her home over thirty years, paid taxes, and worked steady to live in a stable community. She stated that she is disappointed in Fridley. Mrs. Jurek stated that this apartment building has deteriorated to the point where there is nothing but riffraff in the units, and she and her husband are not even able to go out in the evening. She stated that she cannot afford to move out. She asked how the apartment complex got to this point. She stated that in the shooting incident six bullets were randomly fired, and it is a tragedy that something like this has happened. She stated that it is a shame that people cannot go out in their own back yards. She FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 1. 1993 PAGE 2 asked what the City is doing about this apartment building and what options citizens have. Mrs. Kathryn Lovelace, 532 Cheri Circle, stated that she has two daughters. They are not even allowed to ride their bikes around the block, and this is a sad situation. She stated that it is a joke when the police cars are there every morning. She stated that her back yard faces this apartment building, and bullets can go a long way. She stated that she wanted to move, but her daughter has established friends and does not want to move. She stated that she should not have to move, as she has a nice home and neighbors. She stated that there are a lot of concerned and angry neighbors that live in this area. She stated that she trusts that the Council will do something about this situation. Mr. Jeff Larson, 161 Longfellow Street, stated that he is not going through the sarne situation as these residents, but he has that type of concern in his area. He stated that when property is not kept up it brings down values of other properties in the neighborhood, and he did not know how long it would be before they have shootings in his neighborhood. He stated that he came to the council meeting this evening regarding the nuisance abatement issue, as there is an on-going problem in his area, and he hoped that something would change. Mayor Nee stated that the public hearing on the nuisance abatement is one element by which the Council is trying to deal with these problems. He requested that City staff comment on the way the Council is trying to resolve some of these issues. Mr. Burns, City Manager, stated that last year City staff inet with the owner of this apartment building regarding the problems at this complex. He stated that since last year, there was some reduction in the number of police�calls. He stated that there was an attempt on the owner's part to do something about the tenants causing the problems. Mr. Burns year that increased. ordinance management tenants. government that ways management stated that the City initiated a housing program this includes rental housing, and rental inspections will be He stated that the City is also considering an that would give leverage to withhold licenses where the of apartments have not been in control over their He stated that another area for consideration is a subsidy for rehabilitation of rental units. He stated have to be found to improve the physical facility and of the apartment buildinqs. Ms. Dacy, Community Development Director, stated that this type of issue has physical and behavior dimensions. She stated that the City Manager stated that there would be an increase in rental inspections, and the Council will be considering an ordinance that would hold the owner responsible for the behavior of the tenants FRIDLEY CITY COiTNCIL MEETING OF NOVEMBER 1. 1993 _PAGE 3 based on the number of police calls. She stated that the City is trying to work with the owners to encourage proper screening of tenants and background checks. She stated that the issue the Council and community needs to evaluate is how far the City can go to control these problems. Mr. David Sallman, Public Safety Director, stated that it is good the residents are angry. They should not accept this type of violence. He stated that there has been about a fifty percent reduction in the number of police calls at this apartment building. He stated that what happened in the shooting incident was that there was a party in the apartment building, and one person was harassing another person who was trying to leave. He stated that this person asked the apartment manager for his he1p. When the suspect walked over to the suspect's vehicle, the suspect pulled out a gun and fired the shots. Mr. Sallman stated that the Police Department has talked to over twenty people; however, in some cases, people are not cooperating. He stated that information has been sent to the County Attorney's Office, and he believes that there will be charges filed by the end of this week. Mr. Sallman stated that there was some concern that, this was a gang related issue. He stated that none of the suspects names appeared on the lists of gang members. He stated that the people who had the party were evicted, and the owner is going through the eviction process with three more tenants in this complex. He encouraged everyone to attend a meeting scheduled next week when the name of the suspect will be available. He stated that he believes the City's direction with the housing inspection will be helpful. He stated that the City is also part of the Anoka County Consortium to have outreach workers work with youth who are at risk. He stated that a lot of problems involve particular families, and he felt they would benefit from this program. Councilwoman Jorgenson stated that these residents are not aZone in living in a neighborhood with problems. She stated that at Polk Street and Lynde Drive there are eight apartment complexes with a lot of the same problems. She stated that she is very aware of what is happening in the neighborhoods. She stated that the City will be hiring three additional police officers to provide for a faster response and work special projects. She stat�d that an outreach worker will be working with youth in finding some alternative programs and teaching them there will be consequences for unacceptable behavior. She stated that oFten parents are not accessible to their children, and the cities are trying to address this problem. Councilman Schneider stated that he appreciated the residents coming to the meeting. He stated that every year the Council establishes goals and objectives. Two major goals were the preservation and protection of the City's housing stock and making people feel safe on the City streets. He stated that thi�s was the FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 1, 1993 PAGE 4 reason for the rental inspection program. He stated that from a safety standpoint, he felt other things had to be done in addition to adding more police officers. He felt that everyone on the Council shares the concerns of the residents, and that he would do everything he could to work as quickly as possible to have some meaningful programs in place. Councilman Billings stated that he hoped the housing program would help the situation. He stated that regarding the apartment building in question, there is not a lot of problems with physical items, but it is the management of the building and the tenants. He stated that the owner needs to take some responsibility, and it is one of the prime areas the Council is trying to work on at this time. He stated that there are just so many things the City can do, and the primary one is to try to get the property owner to resolve some of these problems. Mrs. Lovelace, 532 Cheri Circle, asked if the property owner could be fined so that he would take action more quickly. She felt that property could be confiscated if there are drug dealings occurring. She stated that in regard to the youth, it is sad when a city has to bring up their youth. She asked if something could be done with the parents of these youths to make them responsibility for their children's activities. She felt that parents should be responsible, and unless there is direction in the home, nothing will change. Councilwoman Jorgenson stated that her neighborhood has one juvenile whose family does not take responsibility for his behavior. She stated that it has taken at least three assault charges and a charge of fourth degree assault to go to court. She stated that she has received letters from residents that have been harassed, victimized, and vandalized by this youth. These documents are inadmissible in court until a charge has been brought. She stated that the residents are angry, and they will not be run out of their homes. She stated that a police officer has been assigned to this family to make sure everything is documented. She stated that a youth outreach worker will be working not only with the youth, but with the parent. Mr. Charlie Johnson, 580 Cheri Lane, stated that the residents are concerned. He stated that the problem is with children being brought into their neighborhood.. He stated that Brooklyn Center and Brooklyn Park are passing ordinances that if a person does not pay their rent, they are evicted and cannot rent anywhere in the city. He stated that Columbia Heights has closed at least thirty double bungalows where they were experiencing problems. He asked what Fridley City is doing. Ms. Jean Mensinger, 453 54th Avenue, stated that the apartment building in question is in her back yard. She stated that her neighbor is trying to run a daycare facility, and it is hard to do FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 1, 1993 PAGB 5 with gun shots, vulgar language, broken windows and broken bottles in her yard. She stated that, unfortunately, Fridley will not be her home because nothing will be done in her lifetime. Mayor Nee stated that this has been a concern which the Council has been dealing with for over a year. He stated that there is an effort to keep the housing and multiple units up to code and not let the values decline. He stated that a significant part of the problem with this particular apartment complex is that they have chosen to drop their rents to attract tenants just to keep them filled. He stated that this has been reflected in the maintenance of the buildings, and _the City is working to improve the maintenance and condition of these buildings. He stated that the owner is going to have to find higher paying tenants, and with that comes a more responsible tenant. Mayor Nee stated that the City has been concerned for several years, mainly because of the dynamics that developed in Columbia Heights and Brooklyn Park. He stated that he hoped within his lifetime, and certainly within Ms. Mensinger�s lifetime, that the problem can be solved. He stated that he was pleased that the residents came to speak to the Council this evening. He stated that the City would keep working on the problem. NEW BUSINESS• 1. RECEIVE LETTER OF RESIGNATION FROM COUNCILMEMBER EDWARD J. FITZPATRICK• Mayor Nee read a letter dated September 20, 1993 from Councilmember Edward J. Fitzpatrick in which he regretfully submitted his resignation from the City Council due to his health. Mayor Nee stated that �Ed Fitzpatrick has been a member of the Council since 1975. Prior to this time, he was Chairman of the Parks and Recreation Commission and a member of the Planning Commission. He stated that Ed has many years of service to the citizens of Fridley and especially to the residents of Ward III. MOTION by Councilman Schneider to receive, with sorrow, the letter of resignation from Councilmember Ed Fitzpatrick. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried�unanimously. PUBLIC HEARING• 2. PUBLIC HEARING ON AN ORDINANCE ESTABLISHING CHAPTER 128 ENTITLED "ABATEMENT OF PUBLIC NUISANCE" TO THE FRIDLEY CITY CODE• MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearinq. Seconded by FRTDLEY CITY COIINCIL MEETING OF NOVEMBER 1. 1993 PAGE 6 Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:15 p.m. Mr. Steve Barg, Planning Assistant, stated that this item, in a sense, is related to the Open Forum issue. He stated that the purpose of this ordinance is to address the concerns of residents in the City regarding the abatement of a public nuisance. He stated that the City currently processes four hundred to five hundred complaints a year. About five to ten percent of these complaints cannot be resolved through the normal channels and have to be referred to the Anoka County court. Mr. Barg stated that it is difficult for the court system to address these complaints, as the system is better designed to handle law enforcement issues. He stated that it can take from six months to ten months to process a complaint. Mr. Barg stated that in order to be more responsive to the needs of a complainant, staff reviewed an ordinance that was in effect in Coon Rapids. He stated that he has met with the City Prosecutor to review this ordinance, which resulted in the proposed ordinance now before the Council. He stated that this proposed ordinance would expedite the process for handling the abatement of public nuisances. Mr. Barg stated that with this new approach, an inspection would be conducted and a notice given to the property owner to correct the violations or request a hearing on the matter. He stated that if compliance is not achieved and there is no request for a hearing, the City contracts for the removal of the violations. He stated that if a hearing is requested, it would be before a hearing examiner who would rule for or against the City's order. He stated that if the property owner wishes to appeal the ruling, it can be appealed to the City Council. Mr. Barg stated that the benefit of the proposed ordinance is to increase responsiveness to residents' concerns, to decrease staff time and prosecution costs associated with the criminal court system, and to improve the appearance of properties. Councilman Schneider stated that if a property owner was not satisfied with the ruling of the hearing examiner or the City Council, he would still have the.right to go through civil court. Councilwoman Jorgenson asked if the City would have to store any equipment that was removed. Mr. Barg stated that the City normally holds materials for a period of time to allow the property owner to pay the charges associated with abatement and storage fees. He stated that the City maintains the right to dispose of all property deemed to have value and does not store items that have no value. He stated that items of value are held for thirty days. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 1, 1993 PAGE 7 Mr. Allen Stahlberg, 8055 Riverview Terrace, asked if the number of cars parked on a property is related to the number of licensed drivers. Ms. Dacy stated that it is recoiamended the City does not take this approach to control vehicles on the property. She stated that the City adopted an ordinance which requires vehicles to be parked on a hard surface driveway. Mr. Barg stated that in the junk vehicle ordinance there are two standards in determining whether a vehicle is a junk vehicle. The vehicle must have current license tabs and be street opexable. Mr. Mark Solarz, 187 Longfellow Street, stated that he bought an abandoned house in Fridley, and this was a mistake. He stated that as soon as he bought the house, the neighbors called the City stating that the house was not up to code. Mr. Solarz stated that he has several vehicles he restores, and all his cars are operable and licensed. Mr. Solarz stated that he is from up north. When people have problems, they come and talk with their neighbors about it. He stated that he spent $6,000 on a driveway, and there was a brush pile in his yard that the neighbors had put there. He stated that he received a summons for failure to provide adequate vegetation, and he has installed a fence for his dogs, but the neighbors complain about the barking. He stated that he cannot take the harassment, and he would love to move. Mr. Jeff Larson, 161 Longfellow Street, stated that he is Mr. Solarz's neighbor. He stated that they have had discussions and problems, and it is an on-going thing. Mr. Larson felt that the proposed ordinance did not go far enough into detail regarding junk vehicles. He stated tYiat it is not only junk vehicles, but the City does not have a means to deal with nuisance property. He stated that if property is not maintained, it is not easy on the neighbors. He stated that it is total neglect on Mr. Solarz's part. Mr. Larson felt that Mr. Solarz is not trying to maintain his property, and that is the problem. Mr. Larson stated that he is in favor of this ordinance, but something further needs to be done. Ms. Kathy McCollom, 197 Longfellow Street, stated that she bought her home two years ago. It is on the west side of Mr. Solarz's property. She stated that Mr. Solarz uses his property to store vehicles, and his dogs attack the fence in her back yard. She stated that she would love to sell her home. She stated that she works hard to maintain her property, and she wondered why Mr. Solarz cannot do the same. She stated that all she is asking is that Mr. Solarz rake his yard and do something with the vehicles. FRIDLSY CITY COIINCIL MEETING OF NOVEMBER 1. 1993 PAGE 8 Ms. McCollom supported this proposed ordinance, as she felt something needed to be done. Mr. Herrick, City Attorney, stated that from the comments he has heard, it seems the residents feel the Council has unlimited authority to solve some of these problems. That is not the case. He stated that the City only has the authority given them by the legislature. He stated that there are a lot of situations that have been discussed which the City does not have control over. He stated that enforcement powers of the City are limited to misdemeanor or gross misdemeanors. Mr. Herrick stated that the City does not have the authority to say who can live on a particular piece of property. He stated that a lot of cases will take cooperation between the City and County and the City and property owners and residents of the neighborhood. He stated that comments were made that this ordinance was not enough, but he stated he was not sure the City could �go much farther. Mr. Herrick stated that on the question of operable vehicles, he has reservations as to whether the City has any authority to limit the number of vehicles that are on a piece of property, as long as the cars are licensed vehicles. Mr. Stahlberg, 8055 Riverview Terrace, stated that in the situation he was referring to, the property owner has the cars neatly parked in two rows for a total of about eight to ten vehicles. Ms. Dacy stated that the question is if the number of drivers should be equal to the number of vehicles. She stated that this is very controversial, and the way the City is proceeding is on the basis of a nuisance abatement. Mr. Dennis Bechard, 1024 Hackmann Circle, stated that he was in favor of the ordinance, and he requested that Council support this proposed ordinance. - Mr. Pat Carlin, 5705 Jackson Street, stated that he has a single garage and three grown sons who drive and have vehicles, all of which are on paved driveways. He stated that he is against this proposed ordinance because it is giving up certain rights to due process. He stated that the problem is in the courts. He stated that there are five licensed drivers in his home, and he did not want to give up his extra vehicle. He stated that some of the cars are not insured and up on blocks. He felt that the process could be expedited by issuing tickets. He stated that there is only a small percentage of violators, and he felt that everyone should not have to give up their rights to due process. He felt that Coon Rapids' ordinance was unconstitutional. FRIDLBY CITY COIINCIL MEETING OF NOVEMBER 1. 1993 PAGE 9 Mr. Leroy Oquist, 1011 Hackmann Circle, stated that there is a situation in their neighborhood where cars are in the driveway that are not operable. He stated that there is transmission grease, batteries, and even a piano there. He felt that something needed to be done to clean up Fridley. He stated that there are places where cars can be stored. Mr. Bruce Cerepak, 1041 Hackmann Circle, felt that this ordinance was a step in the right direction. He stated that they have a nuisance in their area, and he is concerned about property values. He stated that he supported the ordinance. Councilwoman Jorgenson stated that she lives in the area of Hackmann Circle, and she has been keeping an eye on a piece of property in that area. She stated that she has watched for sale signs going up on the block, and it is sad to watch that neighborhood deteriorate. She stated that while the ordinance is not perfect, the City has to try and make neighborhoods liveable. Councilwoman Jorgenson stated that there are mediation services available through Anoka County for residents of Fridley, and this organization tries to mediate some of the conflicts in neighborhoods. She urged residents to take advantage of this service in order to make Fridley a more pleasing environment for everyone in the community. Mr. Solarz, 187 Longfellow Street, stated that the ordinance is a good idea, but he works sixty hours to seventy hours a week and does not have a lawn mower. He stated that he rakes leaves, cleans the front and back, and keeps his dogs inside almost all the time. He stated that as far as the junk cars, he felt the ordinance is just asking for more trouble. Councilman Billings stated that the ordinance does not change the number of cars that can be kept; it streamlines the process for abatement. Mr. Herrick, City Attorney, stated that he supports the ordinance, as he felt it provides a better procedure for abatement of a public nuisance. He stated that if a property owner is dissatisfied with the decision of the hearing e,x�4,ir�,�� and City Council, the City has no authority from preventing them to go to court. Mr. Herrick stated that a comment was made by Mr. Carlin to issue a ticket, and that would expedite the process. He stated that a criminal prosecution of a public nuisance is not very effective. He stated that the courts will typically give a fine of $100 to $200, but the property is usually not cleaned up in a criminal prosecution case. He stated that the civil process is more effective and, under most circumstances, it is the procedure the City should follow. He stated that this is only a procedural matter, and it does not change the definition of a public nuisance. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 1, 1993 PAGE 10 Councilman Schneider stated that this ordinance does not eliminate due process. He stated that as he reads the ordinance, the only thing it accomplishes is to provide a more responsive answer where there is an existing problem. He stated that the City has to do something. It may take away some of the rights we hold most dear, but the City is changing and it does not have large lots where items can be stored. Mr. Carlin stated that the City presently uses due process, and the violations are criminal. Mr. Herrick stated that the violations are not always in a criminal court; sometimes they are in a civil court. Mr. Carlin stated that the burden of proof is now on the City, and the proposed ordinance states that if a property owner does not like what the City has done, they could sue. He stated that this places the burden on the resident who cannot afford to go to court. He stated that most of the problems are there anyway because of economics. Mr. Herrick stated that� there is no criminal aspect in this ordinance, it is civil. He felt that from the City's standpoint, it is better to pursue these matters in a civil court action whether the City does or does not have this ordinance. He stated that the criminal court system does not efficiently handle these types of problems. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:28 p.m. Mayor Nee stated that the first reading of this proposed o�dinance would be considered at the next City Council meeting. OLD BUSINESS• 3. APPROVE PURCHASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND SCOTT KOHANEK FOR THE PURCHASE OF PROPERTY GENERALLY LOCATED AT 6116 CENTRAL AVENUE N.E. (TABLED OCTOBER 18, 1993�: MOTION by Councilwoman Jorgenson to remove this item from the table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that the owner of this property approached the City last spring to determine if the City was interested in purchasing the property. She stated that the City was interested in purchasing the property for expanding Moore Lake Beach. She stated that there is a purchase agreement between the City and the owner �or $64,000. She requested that Council approve this agreement. FRIDL$Y CITY COIINCIL ME$TING OF NOVEMBER 1. 1993 PAGE 11 MOTION by Councilman Schneider to authorize the appropriate City officials to enter into the purchase agreement between the City and Scott Kohanek for property located at 6116 Central Avenue N.E. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. APPROVE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND EDWARD C. ANDRIX, III. AND DONNA MARIE MELICH. FOR PROPERTY GENERALLY LOCATED AT 6116 CENTRAL AVENiJE N. E. (TABLED OCTOBER 18 , 1993 ): Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director., stated that this is a lease agreement with the three tenants of the property at 6116 Central Avenue N.E. from the date of closing on this property, tentatively scheduled for November 2, 1993 to May 31, 1994. MOTION by Councilman Schneider to authorize the appropriate City officials to enter into this lease agreement. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND PROFESSIONAL REDEVELOPMENT RESOURCES INC. FOR RELOCATION CONSULTING SERVICES (TABLED OCTOBER 18. 1993): Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this contract is for relocation consulting services to provide relocation assistance for the tenants at 6116 Central Avenue N.E. MOTION by Councilman Schneider to authorize the appropriate City officials to enter into this contract with Prof.essional Redevelopment Resources, Inc. for relocation consulting services. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. APPROVE AGREEMENT BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF CSAH NO. 8 AND THE MAIN ENTRANCE TO UNITY HOSPITAL (TABLED OCTOBER 18, 1993): Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that this agreement is with the Anoka County Highway Department for the installation of the Opticom system at a cost estimated at $8,640. He stated that the County and Unity Hospital would share in the cost for installing the signal on Osborne Road and the main entrance to the hospital. FRIDLEY CITY COiTNCIL MEETING OF NOVEMBER 1 1993 PAGB 12 MOTION by Councilman Billings to authorize the appropriate City officials to enter into this agreement with Anoka County for installation of the Opticom system. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 93-1993 APPROPRIATING MUNICIPAL STATE AID FUNDS TO A MUNICIPAL OFF-SYSTEM PROJECT fTABLED OCTOBER 18 1993)• Mayor Nee removed this item from the table. MOTION by Councilman Billings to adopt Resolution No.-93-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. AWARD CONTRACT FOR LOCKE LAKE PARK FILTER PLANT PROJECT NO. 240 (TABLED OCTOBER 18 1993)• Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that Council received the bids for this project at their October 18, 1993 meeting. He stated that NewMech Companies, Inc. was the low bidder with a bid of $693,000. Mr. Flora stated that the City's consultant, Maier Stewart and Associates, has determined that a$35,000 deduction from this bid is appropriate, as it is anticipated that the residual sandblasting material from the interior of the plant will not have sufficient quantities of lead to warrant its classification as a hazardous waste. Mr. Flora stated that since the cost is over the anticipated budget, the City's consultant identified an alternate specification for the manganese removal material. He stated that by using a synthetic green sand, an additional deduction of $54,000 is possible. He stated that it is the consultant's recommendation; however, that the City maintain the natural green sand filter similar to what is in the Commons Park filter plant and which is installed in the New Brighton/TCAAP filter operations. He stated that he supports the consultant's recommendation. Mr. Roushar, representing Maier S�ewart and Associates, stated that the synthetic green sand is a silica sand, and the natural green sand will result in a better system to treat water that has manganese in it. Co�ncilman Schneider stated that he is extremely displeased with the way the TCAAP water line project is proceeding. He stated that the TCAAP project is behind schedule, and there is no sensitivity to the disruption for the residents. He stated that he questions the City staff's and the consultant's ability to seriously monitor a contractor. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 1, 1993 PAGE 13 Mr. Roushar stated the City of Brooklyn Park was displeased with NewMech. He stated that six other references were checked, and positive responses were received from them. He asked if one negative response would be grounds for not approving a contract with NewMech. Mr. Herrick, City Attorney, stated the law states that the City is required to accept the lowest responsible bid. He stated that if the City is to rule someone is not responsible, it is the City's burden to establish this fact. He stated that it is a fairly significant burden, as the courts will require substantial evidence. He stated that he would recommend that if the Council does not want to award the bid to the lowest bidder, that the bids be rejected and re-advertised. Councilman Schneider asked if the contract is awarded to the low bidder, what commitments the City has as to the timetable and other issues which may go wrong. Mr. Roushar stated that their firm carries professional liability insurance to stand behind their work. He stated that as part of the contract, there is a completion date and liquidated damages for every day the project is delayed. He stated that the City also has a one-year warranty, a performance bond, payment bond, and maintenance bond. He stated that some of the equipment also carries additional warranties. Councilman Schneider stated that he understood the City has liquidated damages on the TCAAP project. Mr. Roushar stated that he believed it was $500 per day. Councilman Schneider stated that the contractor committed to a completion date of October 26. He asked why there should be liquidated damages, if it cannot be enforced. Councilwoman Jorgenson asked who opted to let the contractor not pay for liquidated damages. Mr. Flora stated that an extension was allowed to the contract. If the City delays placement of the final mat, it will be the Council's decision or at the contractor's request due to the weather. . Councilman Schneider asked why the City did not proceed to collect damages when the completion date was not met. Mr. Flora stated that when a claim is made on a contract and there are alibis and excuses, the courts would make a decision if the City could collect. Mr. Herrick stated that if there are liquidated damages, and there is such a clause in the contract, he recommended that the City not FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 1, 1993 PAGE 14 pay the contractor too much so there are sufficient funds to cover the liquidated damages. Councilman Schneider stated that the curbing on 64th Avenue was installed incorrectly and had to be torn out. He stated that he understands there was a mistake in staking and Maier Stewart and Associates was responsible. He asked if Maier Stewart and Associates was covering the cost of the extra concrete and labor. Mr. Roushar stated that if this was their staking error, they would cover the cost for removal and replacement of that curb. Councilman Schneider asked if this contract has provisions that gives the City leverage to control the project to assure that the contractor performs in a professional manner, provides reasonable services, and completes the construction on schedule. Mr. Roushar stated that there has to be a spirit of cooperation between the two parties. He stated that it is something that goes undefined in the contract. He stated that as long as there can be some flexibility maintained and a good working relationship, it does not matter how big or long the contract is; that really is not an issue. Mr. Roushar stated that the TCAAP project had a difficult time frame, and there was a problem in obtaining the pipe mater.ials due to flooding from the Mississippi River. He stated that the construction period was for ninety days, and it took thirty days to receive the materials. Mr. Flora stated that there was a very specific construction schedule for the streets in the TCAAP project. He stated that the contractor was apprised of this issue, but they had difficulty with their sub-contractors. 'He stated that the concern was to get the pipe installed this winter. He felt that the entire project would be finished this fall, but the final mat may not be installed due to the weather. Mr. Flora stated that he did not feel there would be a problem with this project, as there was with the TCAAP project. The TCAAP project mixed a number of different skills and abilities. Councilman Schneider stated tha� if the contract is awarded, he wanted to make sure there were good inspections. Mr. Herrick asked if there was a provision in the contract that permits the $35,000 deduct or if the contractor is agreeable to that deduction. Mr. Roushar stated that he has contacted the contractor, and it is agreeable with them. Councilman Schneider asked the project schedule. FRIDL$Y CITY COIINCIL MEETING OF NOVEMBER 1, 1993 PAGE 15 Mr. Roushar stated that April 1 is the operational date and everything will be complete by May 1 with the exception of the outside work, which has a completion date of June 30. He stated that the intent is to have the plant up and running about April 1 so that when the sprinkling season begins in May everything will be ready. MOTION by Councilwoman Jorgenson to award the contract for the Locke Lake Park Filter Plant, Project No. 240 to the low bidder, NewMech Companies, Inc., with a deduct of $35,000, for a total amount of $658,000. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. AWARD CONTRACT FOR THE LEASE/PURCHASE OF A SIDEWALK SNOWPLOW AND ACCESSORIES (TABLED OCTOBER 18. 1993): Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that the Council received these bids at their October 18, 1993 meeting. MOTION by Councilman Schneider to award the contract for the Zease/purchase of a sidewalk snowplow and accessories to the low bidder, McQueen Equipment, Inc. for $14,572.29 per year for a three-year period beginning January, 1994 and authorize purchase of the two-way radio at $499 with the first lease payment in January, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE CHANGE�ORDER NO. 2 TO TWIN CITY ARMY ANIlKUNITION PLANT INTERCONNECT LINE � PROJECT NO. 248 (TABLED OCTOBER 18, 1993): MOTION by Councilman Billings to remove this item from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to authorize Change Order No. 2 to the Twin City Army Ammunition Plant Interconnect Line, Project No. 248 in the amount of $41,903.80. Seconded by Councilwo�an Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.- 11. RESOLUTION NO. 94-1993 AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND EXECUTION OF THE GRANT AGREEMENT - FEDERAL POLICE HIRING SUPPLEMENT PROGRAM �TABLED OCTOBER 18, 1993): MOTION by Councilwoman Jorgenson to remove this item from the table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER l� 1993 PAGE 16 Mr. Sallman, Public Safety Director, stated that the resolution before the Council is to authorize participation• in the U.S. Department of Justice Police Hiring Supplement Program. He stated that the requirement for this grant program is an agreement to continue the salary and benefits of officers hired under the grant at the end of the three-year grant period. He stated that the grant limit is $75,000 per officer for a total of $225,000 over a three-year period. The City's match for that period is $148,491. MOTION by Councilwoman Jorgenson to adopt Resolution No. 94-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPOINTMENT: CITY EMPLOYEES: MOTION by Councilman Schneider to concur with the following appointments by the City Manager: Name Herbert Zimmerman Michael Trancheff Todd Mitchell Position Lieutenant Exempt Sergeant Exempt Corporal Non-exempt Starting Salarv $53,619.84 per year $4,468.32 per month $49,216.80 per year $4,106.40 per month $20.32 per hour $3,535.74 per month Richard Store $29,419.92 Johnson Manager per year Exempt $2,451.66 per month Seconded by Councilwoman Jorgenson. Starting Date NoV. 2, 1993 Nov. 2, 1993 Nov. 2, 1993 Nov. 16, 1993 Replaces Gary Lenzmeier Herbert Zimmerman Michael Trancheff Michael Larson Mr. Burns, City Manager, stated that three of these appointments are promotional vacancies in the Police Department. He stated it is recommended that Herbert Zimmerman be promoted to Lieutenant; Michael Trancheff be promoted to Sergeant; and Todd Mitchell be promoted to Corporal. Mr. Burns reviewed each of these officers backgrounds, the number of years of service to the City, and their awards and recognitions. FRIDLEY CITY COONCIL MEETING OF NOVEMBER 1, 1993 PAGE 17 Mr. Burns stated that Richard Johnson is recommended for appointment as Store Manager at the municipal liquor stores. He stated that Mr. Johnson had fourteen years of liquor store experience and a bachelor's degree in business administration. Mr. Burns stated that he was pleased to recommend these individuals for appointment. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 13. ESTABLISH PUBLIC HEARING FOR AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manger, stated that the Charter Commission is in the process of reviewing the Charter, has approved changes to Chapter 4, and is requesting that Council establish a public hearing far these proposed changes. Councilman Schneider stated that with Councilman Fitzpatrick's resignation, the public hearing should probably be held when there is a full Council. Mr. Hunt stated that he did not think the Charter Commission would object if the public hearing was held at the Council's second meeting in January, 1994 so there would be a full Council. Councilman Billings stated that it may be appropriate to table the item at this time. Councilman Schneider stated that if there was no objection, he would move as follows: MOTION by Councilman Schneider to set the public hearing on this proposed ordinance amendment to Chapter 4 of the City Charter at the first regularly scheduled meeting after January 15, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. EXTEND SPECIAL USE PERMIT, SP #90-07, AND VARIANCE, VAR #90-30, BY PATRICK AND RITA BOYLE, FOR PROPERTY GENERALLY LOCATED AT 6261 RAINBOW DRIVE N.E.: . MOTION by Councilman Billings to extend Special Use Permit, SP #90-07 and Variance Request, VAR #90-30 until November 1, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 95-1993 FOR SUBMISSION OF GRANT APPLICATION TO THE STATE BOARD OF GOVERNMENT INNOVATION AND COOPERATION FOR THE PROPOSED REGIONAL SENIOR CENTER: MOTION by Councilman Schneider to adopt Resolution No. 95-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 1, 1993 PAGE 18 16. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 17. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 52243 through 52486. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, i+iayor Nee declared the motion carried unanimously. 18. LICENSES• MOTION by Councilwoman Jorgenson to approve the license as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Northwest Asphalt, Inc. 1451 County Road 8 Shakopee, MN 55379 Street Improvement Project No. ST. 1993 - 1& 2 Estimate No. 5 . . . . . . . . . . . . . . . $135,937.74 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared�the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneide� to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 1, 1993 adjourned at 10:27 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: 1 _ _ CIN OE FRIDLEY TO: FROM: DATE: MEMORANDUM Municipai Center � 6431 University Avenue N.E. Office of the City Manager Fridley, MN 55432 William W. Burns (612) 571-3450 The Honorable Mayor and City Council William W. Burns, City Manager �, ..� �` November 9, 1993 SUBJECT: Payments from Cable N Fund Counciimember Steven Billings has requested that I prepare a substitute motion for the one that was tabled on October 18, 1993. You may recall that the tabled motion provided a payment of $3,307 to School District 14 which was to be used for the purchase of a character generator. Councilmember Billings is suggesting that in addition to the $3,307 for the School District� that we approve the payment of an additional amount to Everyone's Television Channel 33 (ETC 33)� the public access entity in Fridley. Council may recall that we already authorized the payment of $36,600 to ETC 33. If we make a payment of $3,307 to School District 14 and earmark $6,614 for the Spring Lake Park and Columbia Heights School Districts, we would have the amount of $26,679 left to give to ETC 33. Staff recommends tha� Council make a motion authorizing payments from the Cable N equipment funds as follows: 1. � To Independent School District No. 14 in the amount of $3,307 for the purchase of a character generator; and, To ETC 33 in the amount of $26,679. Thank you for your consideration of this' matter. VW11B: rsc 2 C I T Y O F F R I D L S Y M E M O R A N D II M � �y, . �14 TO: WILLIAM W. BIIRNB, CITY MANAGBR � FROM: RICIiARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SIIBJECT: SPECIAL ELl3CTION, WARD 3 DATE: NOVEMBER 10, 1993 Pursuant to Council's request, we would like to establish Tuesday, January 11, 1994 as the date to fill the City Council vacancy in Ward 3. The filing period for nomination petitions would begin November 30, 1993 and end at 5:00 on December 7, 1993. n � RESOLUTION NO. - 1993 A RESOLIITION DECLARING A VACANCY IN THE CITY COUNCIL AND ORDERING A SPECIAL ELECTION WHEREAS, Ward 3 Councilmember Edward Fitzpatrick resigned on October 27, 1993; and WHEREAS, the Fridley City Charter and applicable Minnesota election laws make provision for the filling of a vacancy in the City Council; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that a vacancy of the Councilmember from Ward 3 be declared to exist on the Fridley City Council. BE IT FURTHER RESOLVED that an election to fill the above mentioned vacancy shall be held in Ward 3 of the City of Fridley on Tuesday, January 11, 199�. BE IT FURTHER RESOI�VED that the period of filing nomination petitions for Councilmember for Ward 3 of the City of Fridley shall commence on Tuesday, November 30, 1993, and end on Tuesday, December 7, 1993. BE IT FINALLY RESOLVED that the above mentioned election be conducted in accordance with all applicable provisions of the Fridley City Charter and Minnesota election laws. PASSED AND ADOFTED BY THE CITY COUNCIL OF THE�CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM J. NEE - MAYO�t WILLIAM A. CHAMPA - CITY CLERK - � � ///ri, : ��; ? : ,,.�AV\ // \\\� F d '' � �:�11�, 4Y3 y `� .� �r• ,► , \ �. POLICE DEPARTMEIVT City of Fridley Minnesota OATE NOVEMBER 10, 1993 FROM DIRECTOR SALLMAN SU6JECT ALARM ORDINANCE (18T READING) MEMORANDU�M TO WILLIAM BURNS 0 ACTION INFO X I have enclosed the draft False Alarm Ordinance with changes recommended by the Council at the October 4, 1993 meeting. The proposed ordinance was presented to the Chamber of Commerce Crime Prevention Committee on October 27, 1993. The Chamber of Commerce will be notified of the proposed lst Reading date (November 15, 1993) . I will also Tank/Determan's offenders. notify, in writing, Dow Brands and Brownie as they were the two greatest false alarm It is recommended that the draft False Alarm Ordinance be presented to the City Council at the November 15, 1993 meeting for a first reading. � DHS/sa �� � NO. AN ORDINANCL LSTABLISHING A NEW CHAPTER OF THL CITY CODS OF THE CITY OF FRIDLEY, CHAPTBR 112� ENTITLED ��FALSS ALARMS��, AND AMENDING CHAPT�R 11, ENTITLED ��GENBRAL PROVISIONS AND FEES�� The City Council of the City of Fridley does ordain as follows: 112.01. PURPOSE AND INTENT The purpose of this ordinance is to provide regulations for the use of burglary, fire and safety alarms, including e5tablishment of user fees for false alarms. 112.02. DEFINITIONS The following terms shall apply in the interpretation and application of this chapter: 1. "Public Safety Personnel" means duly authorized city employees. 2. "Alarm User" means the person, firm, partnership, association, corporation, company, or organization of any kind in control of any building, structure, or facility wherein an alarm system is maintained. �3. "Alarm System" means any alarm installation designed to be used for the prevention or detection of burglary, robbery or fire on the premises, which contains an alarm installation. 4. "False Alarm" means an alarm signal eliciting a response by public safety personnel when a situation requiring a response does not, in fact, exist, and which is caused by the activation of the alarm system through mechanical failure, alarm malfunction, improper installation, or the inadvertence of the user of an alarm system or its employees or agents. False alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, or violent conditions of nature, nor do they include ala�nas caused by third persons over whom the user has no control. 112.03. EXCEPTIONS The provisions of this ordinance are not applicable to alarm systems affixed to automobiles, boat trailers, house trailers, and recreational motor vehicles. 5A Page 2 -- Ordinance No. 112.04. FEES 1. The user fee shall be as provided � �� �� � 'v` � �� � ; - �' �� t� �'� �n �� � � L� 1 of t d� J� 2. Payment of user fees provided for erei must be paid City Treasurer within thirty (30) days fr the date of no the City to the alarm user. Failure to pay the fee within (30) days will result in the imposition of a penalty of ten (10%) of the user fee. �� � t�he � ti��bv � 3. All unpaid user fees and penalties shall be certified as an assessment against the property on which the alarm was located and shall be collected each year along with the taxes on said property. 1 �� � 'l b �` � � �2�1 4. An alarm user which is required by the City to pay a user feeoS�� as a result of a false alarm, may make a written appeal of th%G0� false alarm user fee to the Public Safety Director or Fire Chief, as appropriate, within ten (10) days of notice by the City of the �I `����� false alarm charge. An adverse decision by the Public Safety 2 '�� Director or Fire Chief may be appealed to the City Manager, within �"7 9�0��, ten (10) days of receipt of the Public Safety Director or Fire ,y �j Chief's decision. The Cit Manager will have authority to make a�V�� ti Y � final determination as to whether or not the user is to be charged a user fee for the false alarms. 112.05. LIABILITY OF CITY ���G1 The regulation of alarm response shall not constitute acceptance ��j� / by the City of liability to maintain equipment, to answer alarms, �-� � or to respond to alarms in any particular manner. � � - l�l CHAPTER 11, GENERAL PROVISIONS AND F8E8. Section 11.10, "Fees" is amended to include the following Alarm fees. 112 False Alarms l �� : v �� . � � / This or� its pass � ��r �, �$50.00 for sixth false alarm in /r^ single calendar year and for each �1 subsequent false alarm in calendar � year, an additional $25.00 (e.g., 7th false alarm =$75.00, 8th false � alarm = $100.00, 9th false alarm = � $125.00, etc.j. in full force and effective from and after� ication. / � � � G ��.� � ����- . , ��� , � �� , �, `� � � 3 � ��� � �(� , � � , � � ,�o C,�,�� a ��' 6° � � 5� �1:5 ���o �� � � � -� � � � � L� ►� S � � (� � � ,/ o � ,� s r--�. B °� ,� � . �, � � �'� f � � � s �. / PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM. A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: 5C WILLIAM J. NEE - MAYOR U � _ � Community Development Department PL�NG DrviSION City of Fridley DATE: November 9, 1993 ,_ , _: �, . TO: William Burns, City Manager�: FROM: SIIBJECT: On November 1, regarding the instructed to consideration Barbara Dacy; Community Development Director Steven Barg, Planning Assistant First Reading of an Ordinance Adding Fridley City Code Chapter 128 entitled "Abatement of Public Nuisances° 1993., the City Council conducted a public hearing attached ordinance. Subsequently, staff was research:.the following issues prior to further of this item: 1. In the event that proceeds from the sale of property taken through abatement actions exceeds the cost of the abatement, how would the City address the "profit" from this transaction? 2. Can the City conduct its abatement action immediately following the conclusion of its ordinance process regardless of whether or not the property owner intends to take legal action against the City? 3. If the City refrains from performing abatement actions immediately following the formal process outlined in the ordinance to allow a property owner to file a legal appeal, how long should the City permit property owners to file such an appeal before performing the abatement work? � Staff is currently reviewing these issues with the City Prosecutor and will provide further information once these concerns have been fully addressed. - Recommendation: Staff recommends that the City Council approve the first reading of the attached ordinance. SB:ls CEM-93-90 � ORDINANCE NO. AN ORDINANCE ESTABLISHING CHAPTER 128 ENTITLED ��ABATEMENT OF PIIBLIC NIIISANCEB�� TO THE FRIDLBY CITY CODE The City Council of the City of Fridley does ordain as follows: CHAPTER 128 ABATEMENT OF PIIBLIC NIIISANCES 128.01 PIIRP08E The Council of the City of Fridley has determined that the health, safety, general welfare, good order and convenience of the public is threatened by certain public nuisances on property within the City limits. It is declared to be the intention of the Council to abate such nuisances, and this Chapter is enacted for that purpose. 128.02 APPLICATION This Chapter shall apply to the abatement of public nuisances involving junk vehicles (as defined in Chapter 123) and outside storage of materials and equipment including, but not limited to, disused machinery, household appliances and furnishings, tires, automotive pazts, scrap metal, lumber, and all other materials deemed to create a public nuisance as described in 128.01. 128.03 BEARING EXAMINER 1. Position Created. The position of Hearing Examiner is hereby created. The City Manager may, at his discretion and with the approval of the Council, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of compensation therefor. 2. Qualifications. The hearing examiner shall be an individual trained in law; however, it shall not be requir,�d�that the hearing examiner be currently licensed to practice law in the State of Minnesota. 3. Duties. � The Hearing Examiner shall have the following duties: A. Set dates and hear all contested cases following appeals of orders of the Code Enforcement Officer or other duly authorized agents. . ' B. Take testimony from all interested parties. C. Make a complete record of all proceedings including findings of fact and conclusions of law. D. Affirm, repeal or modify the order of the Code Enforcement Officer or other duly authorized agents. 128.04 INSPECTION AND INVESTIGATION 1. Periodic Inspection. The Code Enforcement Officer or other duly authorized agents shall cause to be inspected all public and private properties within the City which might contain a public nuisance as defined in this Code section as often as practicable to determine whether any such conditions exist. The Code Enforcement Officer or other duly authorized agents shall also investigate all reports of public nuisances located within the City. 2. Right of Entry. � � The Code Enforcement Officer or other duly authorized agents may �,�" enter upon all public and private properties for the purposes of � conducting inspections for public nuisances. If the property owner �`I� and/or occupant of any property refuses said inspector(s) right of ;I� 1 entry for inspection, the City may seek an administrative search warrant or other order of the District Court for said purpose of entry and inspection. 128.05 ABATEMENT OF NDISANCLS Upon a determination by the Code Enforcement Officer or other duly authorized agent that a public nuisance exists on any public or private property within the City, said official shall order the public nuisance to be abated in accordance with this Code section. 128.06 PROCEDIIRE FOR REMOVAL OF PIIBLIC NIIISANCES l. Notice. Whenever the Code Enforcement Officer or other duly authorized agent finds with reasonable certainty that a public nuisance exists on any public or private property in the City, said official shall notify the affected property owner by first class mail that the nuisance must be abated within a reasonable period of time, not less than twenty (20) days from the date of service of the notice. (Service by mail shall be deemed complete upon mailing.) The order shall set forth the following: �. : A. The specific nature of the violations and requirements for compliance. B. That the property owner may, within twenty (20) days of the date of the order, request a hearing before the Hearing Examiner and by what procedure such hearing may be requested. C. That failure to abate the nuisance or request a hearing within the applicable time period will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. 2. Hearing. Any property owner who feels aggrieved by an order of the Code Enforcement Officer or other duly authorized agent issued pursuant to this chapter may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the Community Development Director within twenty (20) days after the date of service of the notice by the Code Enforcement Officer or other duly authorized agent. The Community Development Director shall notify the Hearing Examiner who shall notify the property owner of the date, time, and place of the hearing. The hearing shall be conducted no more than twenty (20) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or modify the order of the Code Enforcement Officer or other duly authorized agent. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice of such appeal with the Community Development Director within twenty (20) days of receiving notice of the Hearing Examiner's decision. At its next available regular meeting following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. 3. Disposition of Property. The City maintains the right to dispose of all property deemed to have value that it removes from public and private properties through abatement procedures as outlined in this Chapter. Disposal shall occur thirty (30) days after the property is secured, unless the property owner obtains a court order to the contrary and/or pays all costs associated with the removal and storage of said property within said thirty (30) day time period. The City maintains the right to immediately dispose of refuse and/or junk materials deemed to be without value. sC 4. Assessment. The Code Enforcement Officer or other duly authorized agent shall keep a record of the costs of abatements done under this Chapter and shall provide regular reports to the Finance Director or other appropriate officer regarding all work performed for which assessments are to be made, stating and certifying the description of the land, lots or parcels involved and the amount assessable to each. The amounts to be assessed shall include up to an additional twenty-five percent (25�) to cover any administrative costs associated with the abatements. On or before September 1 of each year, the City CZerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this Chapter. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment shall be payable in no more than ten (10) equal annual installments, pursuant to Minnesota Statutes, Section 429.01, Subdivision 2. .07 EFFECTIVE DATE The effective date of this Chapter shall be January 1, 1994. .08 SEVERABILITY Every section, provision or part of this Chapter is declared separable from every other section, provision or part to the extent that if any section, provision or part of this Chapter shall be held to be invalid, such holding shall not invalidate any other section, provision or part thereof. .09 NON-E%CLIISIVENESS Nothing in this Code section shall be deemed a waiver or limitation of any statutory right and/or power of the City as to hazardous buildings, properties or materials, nor shall this Code section be deemed to otherwise limit the right and/or power of the City to conduct other administrative and/or regulatory searches and inspections including, but not limited to, health inspections, fire scene and arson inspections and regulated business and industries inspections, nor shall this Code section be deemed to be an exclusive remedy o£ the City regarding the abatement of public nuisances. � Passed and adopted by the City Council of the City of Fridley this , 1993. Attested: William A. Champa - City Clerk Public Hearing: November 1, 1993 First Reading: Second Reading: Publication: � 0 6E William J. Nee - Mayor CITY OF FRIDLBY PLANNINC3 COMMI88ION MFETING, OCTOBER 27, 1993 ___..,.___.,______..____________________________________________,.__.._ CALL TO ORDER• Chairperson Newman called the October 27, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Newman, Dave Kondrick, Dean Saba, Brad Sielaff, LeRoy Oquist Members Absentc Diane Savage, Connie Modig Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Dr. Joel Locketz, Animal Medical Clinic, P.A. Helen Winder, Attorney Larry Berg APPROVAL OF SEPTEMBER 22. 1993, PLANNING COMMISSION MINUTES: Mr. Newman stated that probably one of the most valuable things the Planning Commission does as a body is its discussion on various issues. He complimented Ms. Saba on a nice job of capturing the various concerns and issues the Commission had on the hard surface driveway issue discussed at the last meeting. MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the September 22, 1993, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED T8E MOTION CARRIED tJNANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #93-07, BY ANIMAL MEDICAL CLINIC,�tabled 5/26/93�: Per Section 205.14.O1.C.(10) of the Fridley City Code, to allow veterinary clinics conducting vaccinations on Lots 1, 2, 28, and 29, Block 2, Commerce Park, generally located at 250 Osborne Road N.E. . MOTION by Mr. Oquist, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:37 P.M. 7 PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAG$ 2 Ms. McPherson stated this property is located at the intersection of the University Avenue West Service Drive and Osborne Road. It is the site of the former Cub Foods. The property is zoned C-2, General Business. The property to the east is zoned C-1, Local Business; the property to the south is zoned M-1, Light Industrial, and C-2, General Business. A single story multi-tenant masonry building is located on the property. Ms. McPherson stated the Planning Commission reviewed a similar special use permit request by H& H Veterinary for veterinary services at the Pet Food Warehouse in December 1992. The special use permit for veterinary services was approved by the City Council on February 1, 1993. Ms. McPherson stated the Pet Food Warehouse management has made a corporate decision to change veterinary service providers. H& H Veterinary Clinic is not associated with an established veterinary clinic, and the Pet Food Warehouse management felt it was better that the vaccination clinics be conducted by a provider who is connected with an established clinic. A new special use permit needs to be approved due to the change in service providers and in the change in intensity of the clinic. The H& H Veterinary Clinic had proposed to conduct vaccination clinics every 3-5 weeks for 3- 5 hours. The Animal Medical Clinic is proposing to conduct vaccination clinics every weekend for approximately 3-4 hours. Ms. McPherson stated Section 205.14.O1.C.(10) of the Fridley City Code permits animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools, and training services with a special use permit. However, the following three conditions must be met in order to eliminate offensive noise and odors: A. All windows in the area of the building housing animals shall be double glazed with a fixed sash. B. Any ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside area. C. There shall be no outside pens or holding areas. Ms. McPherson stated the intent�of this ordinance section is to provide standards for full service clinics which maintain animals on a round-the-clock basis. The petitioner does not intend to provide full scale veterinary services at the Pet Food Warehouse. The vaccination clinics will be held on a regular basis; however, there will be no holding pens, either inside or outside the building, and the petitioner intends to use a small portion of the receiving area to establish the examination and vaccination area. Ms. McPherson stated that the original petitioners provided plans for the storage of the biological and pharmacy items to be used � PLANNING COMMISSION MR$TING, OCTOBER 27. 1993 PAGE 3 during the vaccination process and indicated the proposed plans to prevent public access to these area. They also provided a plan to take care of any biological waste generated during the clinics. Originally, the petitioner, Dr. Locketz of the Animal Medical Clinic, did not indicate the proposed plans for the disposal of the medical waste. Staff did receive a letter that day indicating that the wastes generated from each vaccination clinic will be returned to the home clinic on Hennepin Avenue. The Animal Medical Clinic does have the appropriate state licenses and have a regular medical waste handler who picks up and disposes of this waste. Ms. McPherson stated this special use permit was originally scheduled for the Planning Commission in May 1993. At that time, the petitioner was under probation by the Board of Veterinary Medicine. Staff's original recommendation was that the Planning Commission consider approving the special use permit request. The special use permit would not become valid until after the probationary period was over. The petitioner also requested that the Planning Commission table the request until the issue of probation was resolved. The order and stipulation imposed by the Board of Veterinary Medicine expired October 22, 1993. The Commission has a copy of a letter from the Board of Veterinary Medicine indicating that there have been no subsequent problems or allegations while the petitioner was on probation. Ms. McPherson stated staff recommends that as the request meets all the appropriate Zoning Code standards, the Planning Commission recommend approval of the special use permit with three stipulations: 1. No vaccination supplies or medical waste shall be stored on the site. 2. Any alterations to the building will require issuance of a building permit. 3. Future violations similar to those set forth in the Board of Veterinary Medicine's stipulation order against the petitioner shall be grounds for revocation of the special use permit. Ms. Helen Winder, attorney repres�enting the Animal Medical Clinic, P.A., and Dr. Joel Locketz, stated she would like to make a correction to the record. At the time Dr. Locketz was placed on probation, there were no violations made against him. There were absolutely no findings of wrongdoing by the Minnesota Board of Veterinary Medicine. The probation was really an accommodation based on several false accusations raised. Rather than go through a lengthy, costly hearing process, they reached an accommodation whereby Dr. Locketz was placed on probation for a specific period of time. The Commission members had received a copy of a letter from the Minnesota Board of Veterinary Medicine finding that Dr. �=� PLANNING COMMISSION MEETING. OCTOBER 27, 1993 PAGE 4 Locketz has met the requirements of probation and expecting that the Board would act favorably on Dr. Locketz petition and remove the probationary status from his license. Mr. Sielaff asked how long the probation period was. Ms. Winder stated the probation period was for two years. Mr. Sielaff asked what the "unnecessary servicesn were that Dr. Locketz allegedly provided. Ms. Winder stated Dr. Locketz provided an additional test for an animal. However, the complaint was not raised by the animal owner, but rather by disgruntled employees. Mr. Sielaff asked what was the allegation for the medications? Ms. Winder stated that has to do with Dr. Locketz' children. His children were suffering fro� ear infections. Dr. Locketz had called their pediatrician who had volunteered to call in a prescription for antibiotics, but had forgotten to do so. The children became distressed so Dr. Locketz called in a prescription for antibiotics. Dr. Joel Locketz stated the Animal Medical Clinic has 3-4 other veterinarians who work part-time. Right now, they are servicing several other Pet Food Warehouses in Maplewood, Eden Prairie, Minnetonka, Brooklyn Park in November 1993, and St. Cloud. Each veterinarian has several years of experience. They offer.just a limited service, screening and inoculations. They refer animals to other hospitals for more severe problems. Their prices are very reasonable, up to 30� off the office price. Consumers are very happy with this type of service. They have received no complaints from the other communities. Dr. Locketz stated they see a population right now that have not been serviced. The economy is very tight, many people are unemployed, and they cannot afford the protection for their animals. Close to half the animals they service are overdue for inoculations. They are increasing the population of animals vaccinated for rabies and promoting license sales in local communities. - Mr. Kondrick asked Dr. Locketz .how long he has been practicing veterinary medicine. Dr. Locketz stated he has been practicing veterinary medicine in Minnesota for 22 years. The Animal Medical Clinic offices are at 26th & Hennepin where they offer a full service veterinary clinic. Dr. Locketz stated they went through quite a screening process with Pet Food Warehouse. There were some procedural problems which they %C PLANNING COMMISSION MEETING. OCTOBER 27, 1993 PAG$ 5 have now tightened up. They feel they offer a high quality service and there has never been a question about the type of care they give. Mr. Kondrick asked Dr. Locketz if he had any problem with the stipulations. Dr. Locketz stated, no, the stipulations are reasonable. MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive into the record a letter dated October 26, 1993, from Helen Winder regarding the storage and handling of inedical wastes and a letter dated October 27, 1993, from Dr. Prawer, Associated Skin Specialists, P.A., stating he supported Dr. Joel Locketz and his request for a low cost vaccination clinic at the Pet Food Warehouse. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Sielaff, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:SO P.M. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend to City Council approval of special use permit request, SP #g3-07, by Animal Medical Clinic, per Section 205.14.O1.C.(10) of the Fridley City Code, to allow veterinary clinics conducting vaccinations on Lots 1, 2, 28, and 29, Block 2, Commerce Park, generally located at 250 Osborne Road N.E., with the following stipulations: 1. No vaccination�supplies or medical waste shall be stored on the site. 2. Any alterations to the building will require issuance of a building permit. 3. Future violations similar to those set forth in the Board of Veterinary Medicine's stipulation order against the petitioner shall be grounds for revocation of the special use permit. . IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will be reviewed by the City Council on November 15, 1993. %a PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAGE 6 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P.S. #93-04, BY DALE EDSTROM OF NORTHCO CORPORATION: Northco Business Park 4th Addition, to replat Lots 7 and 8, Block 2, Northco Business Park, according to the recorded plat thereof, Anoka County, Minnesota, and Lot 1, Block l, Northco Business Park 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota, generally located at 500 - 73rd Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading.of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7t53 P.M. Ms. McPherson stated 500 - 73rd Avenue N.E. is the old Carter Day site. Fridley Business Center Partnership is comprised of Northco, as well as Jim Gray, owner of Quick File, which is located in one of the buildings on the subject parcel. The subject property is zoned M-2, Heavy Industrial, and is comprised of two vacant parcels, as well as one occupied parcel. The occupied parcel is the old Carter Day site. The southerly building is a manufacturing building which houses Quick File, and the northern building is still used by Carter Day for research and development purposes. In addition to Quick File, Carter Day and Steinwall, Inc., also lease space in the southerly building. Ms. McPherson stated the property to the north across 73rd Avenue is zoned R-1, Single Family Dwelling, and the property adjacent to the subject parcel to the south is zoned P, Public. Ms. McPherson stated the proposed plat will create four parcels, two which are directly adjacent to 73rd Avenue and two which are adjacent to Northco Drive. The petitioner is creating a 25 foot "flag" to provide access to the most southerly pareel which houses the manufacturing building. This flag will meet the ordinance requirements onto a public road. The lots all meet the minimum requirements of the M-2, Heavy Industrial, zoning district regulations, including the minimum lot area of 1 1/2 acres and the minimum lot width of 150 feet. Ms. McPherson stated the Engineer.ing Department has indicated that an additional utility easement will need to be dedicated adjacent to the most northerly curve of Northco Drive. Two 10-inch water lines intersect outside the dedicated right-of-way area, and a triangular utility easement needs to be dedicated on the plat to provide access to the City for maintenance or repair of the water lines. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the request as the plat meets the minimum 7E PLANNING COMMISSION MEETING. OCTOBER 27, 1993 PAGB 7 requirements of the M-2, Heavy Industrial, district standards with one stipulation: 1. An additional utility easement shall be dedicated on the plat as indicated on the attached drawing. Mr. Kondrick asked if any neighbors have expressed any objections to this request. Ms. McPherson stated she received two calls from property owners across 73rd Avenue. Their questions were general in nature; and when she explained that no development or construction is going to occur, they seemed satisfied and had no objections. Ms. Dacy stated she talked to one neighbor who also had no objection when the request was explained. Ms. McPherson stated the purpose of this plat request is to allow Mr. Gray, the owner of Quick File and one of the partners, to dissolve his portion of the partnership. Mr. Larry Berg, representing Northco, stated he has nothing to add to the staff's presentation. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. � IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of preliminary plat, P.S. #93-04, by Dale Edstrom of Northco Corporation,�Northco Business Park 4th Addition, to replat Lots 7 and 8, Block 2, Northco Business Park, according to the recorded pZat thereof, Anoka County, Minnesota, and Lot l, Block 1, Northco Business Park 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota, generally located at 500 -73rd Avenue N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated that on November 15, 1993, the Council will set a public hearing on this item for December 13, 1993. 3. RECEIVE SEPTEMBER 9. 1993 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the September 9, 1993, Housing & Redevelopment Authority minutes. %F PLANNING COMMISSION ME$TING, OCTOBER 27. 1993 PAGB 8 IIPON A VOICE VOTE� ALL oOTING AYE, CHAIRPERSON NEWMAld DECLARED THB MOTION CARRIED IINANIMOIISLY. 4. RECEIVE SEPTEMBER 13 1993 PARKS & RECREATION COMMISSION MINUTES� MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the September 13, 1993, Parks & Recreation Commission minutes. IIPON A VOICE oOTL� ALL VOTING AYS, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. 5. RECEIVE SEPTEMBER 21, 1993, ENVIRONMENTAL 4UALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the September 21, 1993, Environmental Quality & Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYL, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED tTNANIMOUSLY. 6. RECEIVE SEPTEMBER 28, 1993, APPEALS COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the September 28, 1993, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. 7. RECEIVE OCTOBER 19. 1993, APPEALS COMMISSION MINUTES: MOTION by Mr. Kondrick,�seconded by Mr. Sielaff, to receive the October 19, 1993, Appeals Commission minutes. QPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED '1`HB MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. Upon a voice vote, al� voting aye, Chairperson Newman declared the motion carried and the October 27, 1993, Planning Commission meeting adjourned at 8:05 p.m. Res ctfully sub itted, Lyn Saba Rec ding Secretary 7G r � � _ I DATL: TO: FROM: Community Development Department PL�vivnvG DrviSION City of Fridley November 9, 1993 �. � William Burns, City Manager i�'' Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SII&7ECT: Establish Public Hearing for Plat Request, P.S. #93-04, Northco Business Park 4th Addition, by Fridley Business Center Partnership Generally Located at 500 - 73rd Avenue N.E. The Planning Commission reviewed the attached request at its October 27, 1993, meeting. The subdivision ordinance requires the City Council to conduct a public hearing for all plats. Staff recommends that the City Council establish December 13, 1993, as the date of the public hearing. MM:ls M-93-654 %fi � REQUEST Permit Number Applicant Proposed Request ' � Loeafion SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial l mplications ' Conformance to the I Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECON�VVIENDATION Staff Appeals Commission Planning Commission Author �/dn S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date= October 27, 1993 City CounCil Date: November 15, 1993. P . S . 4� 93-04 Fridley Business Center Partnership To replat three lots in the Northco Business Addition into four lots. 500 - 73rd Avenue N.E. 1,163,587 square feet 26.71 acres M-2, Heavy Industrial Industrial M-2, Heavy Industrial to the East and West; R-1, Single Family to the North; P, Public, to the South. ,Industrial to the East and West; Residential to the North; Park ', to the South I $.023 per square foot Rice Creek Approval with stipulations Approval with stipulations Staff Report P.S. #93-04, by Fridley Business Center Partnership Page 2 Request The petitioner requests that a plat be considered to replat three lots of Northco Business Park into four. The request is generally located at 500 - 73rd Avenue N.E. The Fridley Business Center Partnership is comprised of Northco and Jim Gray, owner of Quick File. Quick File is located in the manufacturing facility located on the subject parcel. Mr. Gray is choosing to remove his interest from the partnership and wants to own the property where Quick File is located. In addition to Quick File, Carter Day Company and Steinwall, Inc. are also located in the building. Site The subject parcel is a combination of vacant and occupied parcels. Located on one parcel are two buildings; one used for research and development, the other as a manufacturing facility. The property is zoned M-2, Heavy Industrial, as are the parcels to the east and west. The property to the north is zoned R-1, Single Family Dwelling, and the property to the south is zoned P, Public. Analysis The proposed plat would create four parcels; two directly adjacent to 73rd Avenue with direct access onto 73rd Avenue, one adjacent to Northco Drive, and the fourth adjacent to 71st Avenue. The fourth parcel does not have access onto 71st Avenue as it abuts Locke Park. A 25 foot�"flag" will be created to provide road access to this parcel from Northco Drive. As proposed, the lots meet all of the minimum requirements outlined in the M-2, Heavy Industrial zoning district regulations, including the minimum lot area of 1 1/2 acres and minimum lot width of 150 feet. The Engineering Department has indicated that an additional utility easement will need to be dedicated adjacent to the most northerly curve of Northco Drive. Two ten inch water lines intersect outside of the dedicated right-of-way and therefore a triangular utility easement needs to be dedicated on the plat (please see enclosed drawing). Recommendation ' As the proposed plat request meets the minimum M-2, Heavy Industrial standards, staff recommends that the Planning Commission recommend approval of the request with the following stipulation: 7J Staff Report P.S. #93-04, by Fridley Business Center Partnership Page 3 1. An additional utility easement shall be dedicated on the plat as indicated on the attached drawing. 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' s � \ � � , , - — „} H � SAN S � N � BU�G.'ELEC. � , �-� S�. 5 P"�' 9 i \ iNV=8b�.9 � /� �j ' / / , ; � n � ��J �// ' /,' � � � � DATE: TO: FROM: SUBJECT: Community Development Department PLI�NNING DIVISION City of Fridley November il, 1993 William Burns, City Manager,� ��' 'r Barbara Dacy, Community Development Director Michele McPhersoa, Planning Assistant Supplemental Contract for Consultant Participation with Owners of Wetland Properties As a result-of the City Council's discussion of the.new wetland rules, Westwood Professional Services has prepared a supplemental . proposal and cost�estimate for their participation in p�eliminary .• meetings with�affected land owners and at public hearings. . The proposal submitted includes three alternatives. The first alternative is to have only Rob Bouta in attendance; the second alternative is to have only Ron Peterson in attendance; and the third alternative is for both Mr. Bouta and Mr: Peterson to be in attendance at these meetings. Based on staff's previous experience with Mr. Peterson, his presentation ski�ls at public meetings, and his knowledge of wetlands and the Wetland Conservation Act, staff recommends that the supplemental contract be approved for Mr. Peterson only on an hourly basis not to exceed nine hours. The nine hour total should be enough for the two property owner meetings in December as well as the public hearings before the Planning Commission and City Council. Recommendation Staff recommends that the City Council approve the attached supplemental contract with Westwood Professional Services for Ron Peterson to attend supplemental meetings at an hourly rate of $95.00 per hour, not to exceed $855.00, plus mileage expenses. NIl�I/dn M-93-646 Wesiwood Professional Services, Inc. October 28, 1993 Ms. Michele McPherson, Planning Assistant City of Fridley Community Development Department 6431 University Avenue Fridley, Minnesota 55432 Re: Supptemental Cost Proposal for meetings with owners of wetland properties Dear Ms. McPherson: . 14180 Trunk Hwy. 5 Eden Prairie, MN 55344 612-937-5150 FAX 6i2-937•5822 In response to your request of October 27, we have prepared this supplemental proposal and cost estimate for three meetings with owners of wetland properties located within the City of Fridley. We have assumed these meetings would be held during evenings in December at Fridley City Hall, and that Rob Bouta of Westwood Professional Services, Inc. and/or Ron Peterson of Peterson Environmental Consulting, Inc. would serve as meeting facilitators. F.r_� � � . �,: . Task 1 Wetland Landowner Meetings Rob Bouta and/or Ron Peterson wilt attend the weUand landowner meetings to explain technicai and regulatory issues related to wetlands. Each meeting will include a presentation focusing on: (1) a brief description of the Fridley wetland inventory, (2) agencies with wet4and review and permitting authority, (3) wetland regulations exclusive of the Wetland Conservation Act, and (4) Wetland Conservation Act provisions (Interim and Permanent Programs, Role of �GUs, Exemptions, Sequencing, and Repiacement). The discussion of the Wetland Consenra�on Act will include the ramifications of wetland ownership and the steps necessary to obtain approval for any projects involving filling or draining or wetlands. Ample time wiA be reserved for questions and answers�to address landowner concerns. COSTAND 77MEES77MA7FS Rob Bouta's and/or Ron Peterson's time would be bitled at $55.00 and $95.00 per hour, respectively. In ad�itior., mileage in�ur?�ed �ay Pstsrsor. Er.vir�nmental Consulting will be invoiced at a rate of $028 per mile. Westwood Professional Serv+ces does not charge for miteage in the metro area. We have assumed that time for these meetings, including travel time firom our offices, would not exceed three hours per meeting. If the time required for these meetings is less than anticipated, only the time invested will be invoiced. Assuming a maximum of thee hours per mgeting, the cost for these meetings would be: Consultants Attendina Cost Per Meetinq Total Cost Only Rob Bouta Only Ron Peterson $165.00 �. : � � $495.00 .: �� Both Rob and Ron $450.Op $1,35p.pp we:�a v,o����o�� se��� eWal o00onunM empfoyer Ms. Michele McPherson October 28, 1993 Page 2 coM�as�noN The task listed in the foregoing Scope of Work will be provided on an hourly basis in accordance with the attached fee schedule. We estimate the cost of completing this task to be $1,350.00. This amount does not include mileage charged by Peterson Environmental Consulting. The estimated fee of $1,350.00, plus mileage, will not be exceeded without prior authorization from you. Any special reports, studies, mcetings, agency coordination, permit applications, revisions or other- services not contained in the Scope of Work and ordered by the Client shall be performed on a per diem basis in accordance with the attached fee schedule. All work will be billed monthly, based on the pro-rata amount of work performed during the previous month. All invoices are due and payable upon receipt. All invoices outstanding thirry days or more irom billing date will be charged a finance charge (interest) at the rate of 1.25% per month. Pleas2 let us know if you have any questions on this proposal or if you wish to explore any additional tasks. A signed and returned copy of this letter proposal, combined with City Council approval, will serve as our authorization to proceed. We appreciate this opportunity and look forward to working with you. Very truly yours, WESIWOOD PROFESSIONAL SERVICES, INC. � i��'� (/'_ Robin P. Bouta �Idlife Biologist Enclosure: fee schedule ACCEPTED AND APPROVED BY: Wlliam W. Burns, City Manager City of Fridley Date cc: Ron Peterson, Peterson Environmental Consulting, Inc. 3209 W. 76th Street, Suite 207, Edina, MN 55435 . � � / � Community Development Department � NG DIVISION City of Fridley DATE: November 11, 1993 TO: William Burns, City Manager ��� . > FROM: Barbara Dacy, Community Development Director Steven Barg, Planning Assistant SUBJECT: Return of Unused 1991 CDBG Human Service Funds The City awarded $1,000 in 1991 CDBG Human Service funds to the North Suburban Consumer Advocates for the Handicapped (NSCAH)�. This grant was used to provide disability awareness �0 4th graders in the�Fridley pulilic schpols. Since some of NSCAH's expenses.were :� not eligible under the"CDBG guidelines, $150.00 of this -grant award was not spent. Staff recommends that the City Council approve the return of these unused 1991 CDBG funds to Anoka County. SB/dn M-93-642 C I T Y O F F R I D L E Y M E M O R A N D II M ���' TO: AILLIAM W. BIIRNB, CITY MANAGER h' �I FROM: RICHARD D. PRIBYL, FINANCB DIRECTOR AILLIAM A. CHAMPA, CITY CLERR DATE: NOVEMBER 10, 1993 SUBJECT: TA% FORFEIT PROPERTY We have received notice from Gene Rafferty, Anoka County Land Commissioner, that one parcel of land was classified as tax forfeit on October 26, 1993. Anoka County requests the City's response to the saZe of this parcel by December 10, 1993. Attached are the following materials: 1. Map illustrating location of the forfeited property 2. List of tax forfeit property 3. Parcel classification and appraisal form 4. Verification of relating special assessments. The Anoka County Land Commissioner has established a County-wide numbering system for tax forfeit properties. That property located in Fridley is 12. We have researched this property and recommend selling it. This property has an easement which we request be retained for street and utility purposes. We have asked Greg Herrick to review this information and he has agreed with our recommendation. In compiling this information, we solicited input from Assessing (Leon Madsen and Mary Smith), Community Development (Michele McPherson), and Public Works - Engineering (Clyde Moravetz and Scott Erickson). We recommend that the City Council approve the disposition of this property through a motion at the November 15, 1993 Council meeting so that we may respond to the County by the December 10, 1993 deadline. - RDP/WAC:wac Attachments i 10 - � ,�� ; ,-� — ; ti� ,�7� : r��. � 7s2o J��� L5� '�h� ;7S�fo '° ^ �' g, ilrf /• J . •%� . ��,i � tK�O / 7/ /7•�� .�� ) � �)tY ( � - d /t -se � _ - _ �' c` • a 1 •� viri ,� ,. �r ' �,�, � \ � � SP � S�/S . ,f - ../ .t�' C`� ` ° • `G �s iU , C�> o �� . 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R' s, l � '�: J _ ..jl'i 4' � -ir � r i r � �� (�D ��8 ;��j' ; 4 ;�5� ii60 � /6L)v ('��u ��r�9 f�89 O / ` /', . � � �_� 2 /a) Q �� ... � :, / � • i1�9o; � � �qp , e 2 / - �'c (�; ,� fia�o,. �reac� � ��� � � ; ('�) ��� � `-'f'� �'� ; iWo � y : �°� �3Yo s �. 2 5 a 277 29 � � f- �� .: s 7. ..� - ��,a> ,..,, -.r,.,o� �E3Z c s6 � • s . iA, ot-!ec � 3 , (�� �. si` � �,� �� 3�, t�� h ,:�,A.;, v� e �� S 10 ( I � -. 4i o s�r � t 5 � .5 � i t , � 29 � e ` ; �' : �� � � ` � � Q � 4 � (r`x') �w �) (�' Q �`�75' �S/g5 ,` I � li3s - �1 /r:S: liil73 � ` rEU. .1� ` ��y� ` ,VO 'O C7 �y� / F, — —,� — � . � s- , s. �:� • � 6 = .,s �J•. :ii J ...... iPl.f_�_ __--_—.._' �_ _.-- -- - ,� .:.�� _ � _ --A� .�./�_ _ � � _ _ _ t.: .. �>,• �•• � – �. .. .. .. 73; r.' _ _� i��� � �... a F/ � l4 Rvt.arv� w�. a�v�E���: �CJh:I Y" _. �<<'�%c Y�'���; ANOY.A COI.INiY .ti1/NNr"`.". , i 10A Appraised Sec. or Twp. or Value of Subdivision Lot Block Range Land CitY of FRIDLEY Cantact the Municipalitv for Local Buildinq and Zoninq Ordinances. AUD SUB NO 108 12. 12 30 24 14 009 2 Key1089459 The W 25 ft of N��s of Lot 4 4 Aud Sub No 108, subj to ease of rec -8- 10B _ , PARCEL PIN# �� ���' �%' �1- /�%- r r� j 1 Piease complete the tollowing Intormation by answering al1 appiicable questions. 1. Is this parcel buiidable or unbuiidable? ❑ Yes 4� N� not buildable (a) Has your city/township adopted a local ordinance governing minimum area, shape, frontage or access? (If yes, answer 1 b; 'rf no, proceed to question 5.) Yes (b) Does this parcei comply with your local o�dinances regarding minimum area, shape, frontage or access and, because of this, can be improved? If it does not comply, please lisi reason(s) for non compliance. No, it is too narrow. Minimum width ='75. This parcel is a vacated right of way. 2. Do you recommend combining this parcet with an abutting forfeit parcel (if there is one)? No 3. If your answer to #2 is yes, indieate which parcel on the list. 4. Do you recommend setling this parcel to the abutting landowner? Yes, with PIN ��12-30-24-14-0002 (property to the east) 5. 1Nhat is the current zoning of the forfeit parcel? R-1, single .family 6. Are there any buildings on the parcel? If so, what type, and what is their present condition? Yes, there is a small shed which we believe is owned and maintained by the groperty owner to the east. 7. Do you haye an appraised value on the parcel? If so, what is it? yes ,$1700 . 8. Does the city or townshiP want an easement over the parcel? We currently have an easement and want it retained for sanitary and storm sewer lines. 9. Any other information you may feel would be helpful. 10. Name and title of person wha completed this questionnai�e. Compiled by William A. Champa, City Cle: with assistance from Leon Madsen, City Assessor, Clyde Moravetz, Enginnering Asst. and Michele McPherson, Planning Assistant Thank you for providing the information. Please return to: Gene Rafferty, Land Commissioner Anoka County Government Center � 2100 3�d Avenue Anoka, MN 55303 323-5427 1 l�lr' City of Fridley VERIFICATION OF SPECIAL ASSESSMENTS PARCEL PIN# 1 2 30 24 14 0092 Date of Forfeiture 6/15/93 Before Forfeiture Amount After Forfeiture Amount L 0 Special Assessments Not Previously Certified Watershed District Rice Creek C We ask that you enter the amount of special assessments by category on the captianed parcel. If there are none, ptease enter a zero. If you need to verify the amounts, please contaet the Special Assessments CIerK at 323-5434 in the Property Records and Taxation Division. If your municipality or township has not previously certified special assessments on a forfeit property, you should now certify them to the Propertv Records and Taxation Division and enter them on the line, "Special Assessments Not Previously Certified." Improvements before forfeiture should include principal and interest up to the date of forfeiture and ail deferred installments of principal. Improvements after forfeiture should include onlv the total qrincipal amount. MS 282.01, Subd. 3 requires improvements made after forfeiture to be considered by the County Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. (Seal) Fridley Clerk of T.ownship, Municipality or Watershed District Date November 10, 1993 10� 0 TO: FROM: E���a�naen:i:t Sexer t4'aler P8fk5 S�rec!s ".1aVnler�nCe ME11/�ORANDUM William W. Burns, City Manager �� �" , John G. Flora Public Works Director DATE: November 1, 1993 SUBJECT: Springbrook Creek Erosion Project PW93-394 We received a plan and request from Mr. & Mrs. John Dunlap of 8111 Fairmont Circle regarding a proposed stream bed and bank erosion control project on their property along Springbrook Creek. T6e Dunlap's propose to armor a curved section of the creek behind their property with large rock boulders and filter fabric. I have visited the site and found considerable erosion occurring along the curved section of the creek behind the property. The proposed improvement should satisfy the problem and tie into the existing tunber wall. It is understood that should the existing timber wall fail, the property owner will replace the wall. The proposed project is estimated at $2,185. The Dunlap's have requested the City to participate in their project in accordance with our creek policy. Accordingly, the Council may wish to consider their participation in the project for an amount of $1,092.50. If the Council so chooses, recommend they make a motion utilizing funds established in our storm water contingency account. JGF:cz 11 � , •. �. . . 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Si7� '9'9 83 EACT.. � '� � '�. _ ' SL �� EAST � --- CENTER I � SEC. 3 24 11A . � , ! . ✓� � � t � � � a � r �� +�� C,�� �r t�I � F�r� d 1e,t1 � F'1 t,( .SS � 3 z i-� � g0 - I L 1 b � 3`t 3-�.S D�' LANDSCAPE PRODUCTS 1915 Arboretum Bivd • Box 9 Victoria, Minnesota 5538 Specializing in Landscape Timbers, Concrefe Retoining Wall Systems, Fencing, and Decking (612) 443-280 Since 1975 FAX (612) 443-201 �ryu.._ �-ec.�`�, �ldr,�s �� C;ross �,c.�t-� ev� G� � � ,v�� • , �.. � . i ,�. � ,�°'�r -�: t v�t� S� �e.a�^�.j � � �� Pro�0�2d � i � —�' �' � e,�,.� ►�o S��LE 5-�QK�� So D �r, �'DP ��l e�� '"� � laPe. / ✓`� b' � q ro�rw�c,,r , ` � 4 '. � bac�K.�.� 1t , ,�, � �� �, �S' ��� i�r �0„10�- � c� � . _-.�.� /.�rllla-LG� 11B S���E � -�I ��,I<.S �O� �dr�S 1 a.�� — o� `f''� P��-� ��,� Ecg�r•,eer nc Sewer J,'a[�r Parks Strcets �J'ainten:�ncc MEMORANDUM TO: w�� w. Burns, City Manager ,� � PW93�20 �i1 FROM: John G. F1ora �Public Works Director DATE: November 15, 1993 SUBJECT: Consideration of Joint Powers Agreement for the Installation of Tra.ffic Control At the Intersection of County Road 132 (85th Street) and University West Service Drive At the September 27 Council meeting, the Council approved the execution of the Joint P9wers Agreement with the Anoka County Highway Department for the installation of a traffic confrol signal at the intersection of County Road 132 (85th Avenue) and University West Service Drive. 'Since execution of the original agreement, the County detemuned that the emergency vehicle pre-emption system costs were not included and have revised the agreement to incorporate those costs at an estiYnate to the City of $41,040. The actual cost for the signal improvement is to be paid by Wal-Mart in accordance with the development agreement. Recommend the City Council authorize the execution of the Joint Powers Agreement for the installation of a riaffic signal at County Road 132 (85th Street) and University West Service Drive. JGF:cz Attachment 12 � `!�. i � ..�.sOWp COV �. : �. .'. P `. � �'i.M�NNE50�� . October 25, 1993 COU NTY OF ANOKA Department of Highways Paul K Ruud, Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 John Flora Director of Public Works City of Fridley 6341 University Ave. NE Fridley, Minnesota 55432 Re: Joint Powers Agreement - Installation of Traffic Control Signals Intersection of CR 4�132 & Springbrook Drive Dear Mr. Flora: Enclosed for your review and approval is one (1) original and two (2) copies of the aliove-referenced joint powers agreement between Fridley and Anoka County. If you have no questions on the agreement, have alI copies executed by designated personnel from the City of Fridley and returned to me for additional processing. Following that, a fully executed copy of the agreement will be sent to you for your files. If there are items in the agreement that you wish to discuss, please contact Jon Olson at 754-3520. Thank you for your cooperation and assistance. Sin y, �/% � �._._•' �. Roy Humbert Contracts Administrator Encl: (3) Affirmative Action / E��i Opportunity Employer Anoka County Contract No. 930155 JOINT POWERS AGREEMENT FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNAIS AT THE INTERSECTION, OF COUNTY ROAD NO. 132 AND SPRINGBROOK DRIVE IN T'I� CITY OF FRIDLEY • Project No. CP 93-06-132 THIS AGREEMENT is made and entered into this day of ,1993, by and between the County of Anoka, a political subdivision of the State of Minnesota, Anoka County Government Center, 2100 3rd Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the City of Fridley, 6341 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter referred to as the "City." WITNFSSETH: WHEREAS, the parties to this Agreement desire to jointly cause the construction of traffic- actuate� control signals at the intersection of Gounty Road No. 132 and Springbrook Drive; and WHEREAS, the parties to this Agreement agree that it is in their best interest that the City costs of said project be shared; and, 471.59. WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. § NOW, THEREFORE, it is mutuaily stipulated and agreed: I. PURPOSE: The County and City have joined together for the purpose of instalting a tra�c control system at the intersection of County Road No. 132 and Springbrook Drive, as described in the plans and specifications numbered 93-06-132 on file in the office of the Anoka County Highway Department and incorporated herein by reference. II. METHOD: The County shall provide all engineering services and shall cause the construction of Anoka County Project No. 93-06-I32 in conformance with said plans and specifications. The letting of bids and the acceptance of ail bid proposals shall be done by the County. 12B III. COSTS: A. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, norma� engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good- faith projections of the costs which will be incuned for this project. The estimated costs aze attached as Exhibit A, and incorporated herein by reference. B. The City shall pay for all costs associated with emergency vehicle pre-emption (EVP). C. The City shall pay for engine�ring services at a rate of eight percent (89�) of its actual construction costs. D. The total estimated cost to the City is based on the actual costs of construction and the City's share as provided for in Exhibit B. The estimated cost to the City is: Construction $3U,400.00 EVP 8,000.00 Engineering (8�'0) 3.040.00 Total Fstimated City Cost $41,040.00 E. Upon final completion of the construction, the City shall pay. to the County, upon written demand by the County, the actual cost of construction and engineering, estimated to be $41,040.(?0. The City's share of the project shall include only construction and engineering and does not include administrative or other expenses incurred by the County. IV. TERM: This Agreement shall continue until (1) terminateti as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever (1) or (2) shall first occur. V. DISBURSEMENT OF FUNDS: All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. � -2- 12C VI. CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to state laws. VII. STRICT ACCOUiV'TABILITY: A strict accounting shall be made of all funds and report of all re�eipts and disbursements shall be made upon request by either party. VIII. SIGNALIZATION POWER: The City, along with the Cities of Blaine and Coon Rapids, shall, at their sole expense, install or cause the installation of an adequate electrical power source ta the service pad or pole for the intersection of County Road No. 132 and Springbrook Drive, including any necessary extensions of power lines. The City of Coon Rapids shall be the lead agency in this matter. Upon completion of said traffic control signal installation, the ongoing cost of electrical power to the signal shall be at the sole cost and expense of the three cities. The City of Fridley shall enter into an agreement with the Cities of Blaine and Coon Rapids for the same. IX. MAINTENANCE: Maintenance of the completed signal and signal equipment will be the sole obligation of the County. A11 other maintenance, including the ongoing cost of electrical power to the signal, will be the responsibility of the City and the Cities of Blaine and Coon Rapids. X. TERMINATION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall ,n,� be effective with respect to any solicitation of bids or any purchases of services or goods which occuned prior to such notice of terminafion. XI. AFFIRMATNE ACTION: In accordance with the County's Affirmative Action Policy �and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time -3- 12D employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, marital status, public assistance status, age, disability or national origin. XII. NOTICE: For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, Anoka County Government Center, 2100 3rd Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager of the Ciry of Fridley, 6341 University Avenue Northeast, Fridley, Minnesota 55432. XIII. INDEMNIFICATION: The City and the County mutually agree to indemnify and hoid harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respect'ive officers, agents or employees relating to activity conducted by either party under this Agreement: XIV. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING: It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the pa�rties herein. -4- 12E IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA � By: Dan Erhart, Chairman County Board of Commissioners Dated: ATTEST _ By: John "Jay" NicLinden County Administrator Dated: RECOMMENDED FOR APPROVAL By: Paul Ruud County Engineer Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: �a��,�,«�t�21,;at�r � CITY OF FRIDLEY By: Name: Z-���: City Manager Daterl: By: Namec Title: Mayor Da'ted: -5- 12F EXHiBIT A . Joint Powers Agreement for the Installation of Traffic Control Signals - at the Intersection of County Road No. 132 and Springbrook Drive in the Cities of Fridley and Coon Rapids Estimated costs for County Project No. 93-06-132 are as follows• FuIly-Actuated Tra�c Control System Control Cabinet EVP Engineering Totat City Share {25% plus 1/2 of 25%) Plus EVP City of Blaine Share (1/4 of 25%) City of Coon Rapids Share (25% pfus 1/4 of 25%J County Share (25%) m�t��»su�aky.� 12G $70,000.00 10,000.00 8,000.00 7.040.00 $95,040.00 $41,040.00 5,400.00 $27,000.4U � $21,600.00 EXHIBIT � COST-SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY � USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS ITEMS COUNTY SHARE CITY SHARE Bikeways Concrete C�rb and Gutter Concrete Sidewalk 9 Concrece Sidewalk Replacement Concrete C�rb and Gutter for Median Construction Concrete Median Construction or Adjustment of Local Utilities Grading, Base and Bituminous Storm Sewer Driveway Upgrades Tra�c Signals (comuiunities larger than 5,000) Traffic Signals {communities less than 5,000) Engineering Services Right-of-Way 0 50 % 0 100 % 100 9b l OQ % 0 . 100 96 based on state aid letter*2 0*6 1/2 the cost of its legs of the intersection 100 % � 100 9�O 100 96 SU 9b 100 9b 0 0 0*' 100 % 0 based on state aid letter*2 � 100 % the cost of its legs of the intersection plus 1/2 the cost of the Couaty legs of the intersection 0*� � 0*s Street Lights 0 10090 *� The County pays for 10050 of a Standard Median Design such as plain concrete. If a community requests decorative mediaa such as red brick, stamped concrete, or ezposed aggregate concrete the City will pay the additional cost above the cost of standard median. � � � In the event no State Aid is being used, drainage cost shares will be computed by proportions of total area to County area where the area of the road right-of way is doubled prior to performance of the calculations. In communities less than 5,000 people the County pays for 100 % of the cost of the traffic signal effective March 1986. The County collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars" since they do not themselves qualify for state aid funds. These funds are used to pay the City Share. Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8 Y of the construction costs paid by that agency. '�`S In the event that the City requests pnrchase of right-of-way in excess of those right-of-ways required by County construction, the City participates to the eztent an agreement can be reac6ed in these properties. For instance, a City may request a sidewalk be constructed alongside a County roadway which would require additional right�f-way, in which case the City may pay for that portion of the right-of-way. Acquisition of right-of-way for new alignments shail be the responsibility of the City requesting the alignment. In addition, any costs including right-of:way costs incurred by the County because a City did not acquire sufficient right�f-way during the platting process or on new alignments shall be paid by the City. '�`6 The County will replace all driveways in-kind. Upgrades in surfacing (i.e. gravel to bituminous, bituminous to concrete) shall be at 100�0 expense to t6e City. dk/cootna/fo�mdex6Sbit. � 7116/93 12H V: ` r W Y ':f31.� as L. O N;��� O� cuis F'U Y�inn�na,:c U— w —' �m D� � MEMORANDUM TO: William W. Burns, City Manager �` PW93-432 }� � FROM: 3ohn G. Flora, Public Works Director DATE: November 15, 1993 SUBJECT: 64th Avenue Storm Water Improvement Project No. 260 On November 3, 1993, we opened bids for the second phase of the 64th Avenue Storm Water Improvement Project; namely, the culvert extension from Mississippi Street to 64th and from 64th down to the Central Avenue outlet. Eleven firms showed interest in the project. We received five bids. The low bid received was from Thomas and Sons Construction, Inc. at $105,404.50. This was considerably over our estimate of $50,000. Based upon the bids received, we feel there was a major concern by the contractors regarding the ground water conditions in this area. Also, there are items we need to look at as far as amending or deleting from the scope of the work. Accordingly, recommend the City Council receive and reject the bids and allow staff to revise the plans and specifications and re-advertise. JGF:cz Attachment 13 ,- , �- .�� . .,� � BID FOR PROPOSALS 64TH AVENUE STORM WATER IMPROVEMENT, PROJECT NO. 260 WEDNESDAY, NOVEMBER 3, 1993, 11:00 A.M. PLANHOLDER BID BOND TOTAL BID COMMENTS Thomas & Sons Construction, Inc. Universal $105,404.50 13925 Northdale Blvd 5�� Rogers MN 55374 Kadlec Excavating of Mora, Inc Granitere $115,933.90 Route 5 5�� Mora MN 55051 Northdale Construction, Inc. Great $123,462.95 14450 No�thdale Blvd American Rogers MN 55374 5% Bonine Excavating, Inc. Granite $136,836.17 12669 Meadowvale Rd 5°� Elk River MN 55330 Palda & Sons, Inc. Granitere $138,612.93 1462 Dayton Ave 5% St Paul MN 55104 Bituminous Consulting & Contracting NO BID 2456 Main Street Minneapolis MN 55434 Forest Lake Contracting, Inc. NO BID 14777 Lake Drive Forest Lake MN 55025 Park Construction, Inc. NO BID 7900 Beech Street NE Minneapolis MN 55432 Richard Knutson, Inc. NO BID 12585 Rhode Island Ave S Savage MN 55378 Ryan Contracting, Inc. NO BID 1534 E Cliff Rd , Burnsville MN 55337 W.B. Miller, Inc. NO BID 16765 Nutria St NW Ramse MN 55303 13A ' "'.�1i!'.l �.�.i (' u [� J �cti �(J 'l..�i(���.���. �� O � u MEMORANDUM TO: William W. Burns, City Manager ,� � PW93-429 � FROM: ohn G. F1ora,�Public Works Director i��� yde V. Moravetz, Engineering Assistant DATE: November 15, 1993 SUBJEGT: Resolution Requesting Variances from MN/DOT Rules and State Aid Operations to Allow Street Improvements with less than 60 Feet Right-of-way Widths The attached resolutions request a variance from Minnesota Department of Transportation rules for state aid operations, Chapter 8820-2500 Subp. 3, Urban State Aid Street 60 foot minimum right-of-way width requirements. If the variance is approved, the City can maintain the streets in our state aid system with the existing right-of-way widths of 50 feet. The elunination of right-of-way costs and condemnations will significantly reduce future improvement costs for these state aid streets. Request Council authorize the resolutions requesting variances from MN/DOT rules and state aid operations. CVMJJGF:cz Attachment 14 � .�� . . �. � Ii'�;90LUI'I�T I�. - 1993 ua�: • � •; • a� i :�_ � . . . �. «. . .,� �� i ia�. • v• � � •�4 i�+ • • • �:•�•�v• • •� r. •• _ �. . r� ••�•• • �: • •„ . .y� � i• •,� � i�+ � �• • r, • r• .���a4� Wf�,3, the City of Fridley desires to i�ruve the follawirig streets: Street 3rd Street 63rd Avenue University West Sexvioe Rd 7,imi ts Horizon Circle to 53rd Avenue 7th Street �o Nlpnroe Str�t 634 feet North to 81st to 83�1 Ave F�isting Riahtrof Wav 50' 50' 50' using Municipal State Aid F1�rr.�s: and �,5, the Minnesota Departm�xit of Transportation rules for State Aid operations, C�apter 8820.2500 S'ubp. 3 requires that urban State Aid streets have a minim�nn 60 feet of right-of�ray; and �,5, 3zt1 Street and 63rd Avenue were platted prior to I960 and adjoinirx� residential properties have been tatally developed for aver 30 years; and WI�RF�,S, the existing street right-of�aays are functional to theix present roadway and rightrof�ray widths; and sati.sfy the c.�urrent required minim�un State Aid roadway widths; aryd W�,S, the City of Fridley believes there are other c�npelling reasons including, but n�t ].imi.ted to: legal conformirx� status, Pzro�ertY sales mort9ages, trees and shrubbery aryd lar�sCaping facilities, for maintaining the existirig right-of�ray widths without affecting safety or traffic conditions. la7W, �, B� IT 1�SOLDED Ti�iT, the City Co�zricil of the City of Fridley. Minnesota, does hereby request a varianoe frcem Minnesot.a Department of Transportation rules for State Aid c�perations, Criaptex 8820.2500 Subp. 3, urban State Aid street 60 foot minim�un right-of-�ray require�me.r�ts, to allaw for street improvements of the above mentioned st�r•eets with their existing right-of�aay widths. PASSID AI�ID AD�P'PID BY Z� CITY aDiRV�CL OF Ti� CITY OF FRIDLEY THIS 15TH UAY OF �, 1993. A'I'PF5`!': 1����� : u : �i./� ul': i�Yf1 M,�1C .1 WILLIAM J. NEE - MAYOR i � A I I I > C D RE807�iPI�T PU. - 1993 '1 � • 1 •: •15� 1 :r: � � • • • �, ��i• • •,�: 1� I IB'� • V� �,�1' � '�� I�i � ' �: ' • '�V• • '11 �: � ' . Y• �� • ' :rl' � •1 ti � • ' '1�1 � i� •.• �+ i� � �� • r • ^►• 1� W�S, the City of F�idley desires to i�rove the follawing streets: Street C�melot I�ar�e Squire Drive T,imits Arthur Street to Squire Drive Rioe G'r�ek Rr�ad t:o C�melat Iane usir�g Municipal State Aid F'unds: and Existiryg Ric�t-of�n7ay 50' � 50' �S, the Minne.sota Depart�►erit of Transportation rules for State Aid operations, C%apter 8820.2500 5ubp. 3 requires that urban State Aid streets have a miniminn 60 feet of right-of�ray; and �,5, the streets in question were platted in 1973 and adjoining residenti.al properties have been totally developed for aver 20 years; and �8, the existing street rightrof�waays are functional to their present roadway ar�d right-of-way widths; and satisfy the current required � State Aid roadway widths; and �, the City of Fridley believes there are other co�elling reasons includirig, l�zt not limited to: legal c;onfozmuzg status. ProPezt�' sales mortqages, trees arr3 shn�bbexy and landscaping facilities, for maintainin� the existing right-of way widths withaut affecting sa.fety or traffic conditions. N�, Tf�EF01�, B� IT RF•BOLVED 7�IAT, the City Cauncil of the City of Fridley, Mirmesota, does her�l7y request a variance frcan Minnesota Depax'tm�nt of Transportation rules for State Aid operations,.Chapter 8820.2500 Subp. 3, urban State Aid street 60 foort minim�nn right-of�aay requirements, to allaw for street improvements of the above mentioned streets with their existing right-of-way widths. P�SSID At�ID ADOPI'ED BY Zi� CITY OOZA�ICIL �' 7� G'ITY OF FRIDI�7t 'i'�II8 15'1S L1AY OF 1�7VII�ER� 1993. ���.'�� WILLI�iK A. C�1ANIl�A - CITY CLF�2K WILLIAM J. I� - MAYOR 15 li V r t J _,�tTM A u�� I t= t y V � J W U W a .� f- W W � > � C H 0 ' ,,,� � �3 Q'N I t J W� , ,t �' t� �,P� � � � �- Q;y ?J4. ,�,o ��, � O a �� ���' Y.✓� � \ � `�..r' . . . a � L. �� 3 � � �AVENJE `J � "'�I t' r. r _ � ���-- � ``��- � •��M��IN.S.A � ISV1A11C CE��7ER ,. - 15A 66 t. 2 4VE RICE CRtEK I � W W ♦ W — Q ¢ . H N h � 3 � TH A�E lE 2 T ?' t W W � < J J Z Y p ! . � O = 2 Y a i � u � 22nd ST N W ���.�����' SOI ���r..���N� < STREET Lt,�, V NARtiIS ��KE t, � PARK OAN• ���G� �CLqT ~ --a� W W � Q' �. �' ^ �� � HaRRis � POND . O � � _ � „ � - �. a � i :� V O � � ^� E C�NELOT ,p . iENN04�E AVlMUE ; : 201A S7 M.W � ��j .. S .�::: ,� .._�.. 16 17 � � FOR CONCURRENCE BY THE CITY COUNCIL ('�AS SERYIC�S United Heating & A/C Inc 2702 Idaho Ave N Crystal MN SS427-2923 Jerry Peterson � NE I, CON'TRACTQ,�.�'nMMERCIAL Custom Work 5484 Yorktown Ln Plymouth MN 55442-1940 Rob Pipai Donahue Construction 847� Center Dr NE Spring Lake Park MN- 55432-1332 Joe Donahue S��`T.���?.�Y�'R CTUR-RF 3.��N��.A� Knutson Roofing & 5iding (2501) 5744 Bryant Ave N . Brooklyn Center MN 55430-2958 Jack Knutson Momingside Constivction (6082) 44U 1 Curve Ave S Edina MN 55424-204$ North Cent�rral Builders (3763) '1401 42 Ave N Minneapolis MN 55427-12I9 RAI� Cons�ruction (NONE) 1b221 Verdin St NW Andover MN 55304 Rayco Construction (3396) 3801 Sth St NE Minneapolis MN 55421-3703 HEATiNG NewMech Companies 1633 Eustis St St Paul MN 55108-12$8 United Heating & A/C Inc 2702 Idaho Ave N Crystal MN 55427-2923 Tom Brown Robert Norcross Ray Ellis R Pearson Jerry Peterson :� LICENSES GARY FORD B1dg/Mech Insp � THGIMAS BLAZINA Chief Bldg Ofcl Same STATE OF MINN Same Same THOMAS BLAZINA Chief Bldg Ofcl STATE OF MINN GARY FORD B1dgJMech Insp Same MASONRY Vidco Inc 3531 Nevada Ave N #201 New Hope MN 55427-2157 �,j,rUMBING D & R Plumbing 16620 Zirconium St Ramsey MN 55303-6$33 Lamb Mechanical 7150 Madison Ave W Golden Valley MN SS427-3642 MKD Plumbing 13IX? Ingerson Rd Arden Hills MN SS 112 Nova Frost Inc 1510 5 Ave Newport MN SSO55-1076 ,SIC'��RFCTOR City Lights Neon 4137 Woa�land Rd LexingEon 1VIN 55014-3529 Scenic Sign Corp PO �ox 88 i St Cloud MN 56302-088i WRECKING Veit & Company Inc 1400U Veit PI Rogers MN 553749306 Karl David Randy Cernohlavek Douglas Hayes . ���� Roger Mireau Itick Juleen Robert Gruber Jr Don Rachel 0 • � THOMAS BLAZINA Chief Bldg Ofcl STATE OF MINN Same Same Same THOMAS BLAZINA Chief Bldg Ofcl Same THOMAS BLAZINA Chief Bldg Ofcl ' FuRIDL.�EY FOR CONCURRENCE BY THE CITY COUNCIL NOVEMBER 15, 1993 Barna, Guzy & Steffen, Ltd. 400 Northtown Financiai Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as � City Attorney for the Month of October, 1993 . . . . . . . . . . . . . . . . . . . . . . . Newquist & Ekstrum, Chartered 301 Fridfey Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 ESTIMATES $ 3,946.99 Statement for Services Rendered as City Prosecuting Attorney for the Month of September, 1993 . . . . . . . . . . . . . . $ i 0,782.00 Gunderson Brothers 2325 Sneliing Avenue Minneapolis, MN 55404 e Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245 Estimate No. 6 . . . . . . . . . . . . . . . . . . . . . . $ 9,356.57 � 19A