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12/11/1995 - 4890� OFFICIAL CITY COtJffiCIL AGBNDA COIINCIL l[EETINa DBCEMH$it 11, 1995 .� '� FRIDLEY CITY COIINCIL MEETING unror F��' ATTENDENCE SHEET Manday, �ecembelc 11, 1995 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) � r` � �_ . {_,�. ,q i i �.�zi�� '"c..c-l� � � � ti�1� �i �—=� ��1 �� ADDRESS 3 � � 7 � v,� ��' s-�� . � `� � S � S'� S� � � � � iJ i�' � %� LS y� � �� Lit7 �� t�� } �� /��,.r� �rt�G�e ��s � ;, /� � �� .�a��t�� '�' , lj/=� ITEM NUMBER /V OY! �UC�U � � �_,�,-�� ;7, v/-, �.i i%�-�i � � arY oF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodarion will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of November 27, 1995 Speciai City Councii Meeting of December 5, 1995 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINES : Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 216, Entitled "Storm Water Drainage Utility" by Amending Section 216.04 � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.02 FRIDLEY CITY COUNCIL MEETlNG OF DECEMBER 11, 1995 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #94-04, by Gary Hedman) (Ward 3) . . . . . . . . First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-05, by Industrial Equities) (Ward 9 ) . . . . . ............ 2.01-2.03 ............ 3.01 -3.04 Variance Request, VAR #95-32, by Industrial Equities, to Allow Loading Docks in the Front Yard Facing Northco � Drive, to Allow Construction of an . 87,600 Square Foot Multi-Tenant Office/VVarehouse Industriaf Building, Generally Located at the Southwest Corner of 73rd Avenue and Northco Drive (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.07 Resolution Approving the Creation of Tax Increment District No. 14 and Adopting a Tax Increment Financing Plan Related Thereto . . . . . . . . . . . . . . . . . . . . . . . . 5.0'I - 5.20 � #� :_ FRIDLEY CITY COUNCIL MEETlNG OF DECEMBER 11,1995 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSfNESS (CONTINUED� Approve Comprehensive Sign Plan Amendment for 7570 Highway 65 N.E. {Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.04 Resolution Authorizing Changes in Appropriations for the General Fund � for the Year 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.03 Resolution Authorizing the Transfer of up to $190,000 from the Closed Bond Fund to the Solid Waste Abatement Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.03 Resolution Providing for a Storm Water Drainage Rate Change . . . . . . . . . . . . . . . . . 9.01 - 9.03 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 Page 4 APPROVAL OF PROPOSED C�NSENT AGENDA• NEW BUSINESS (CONTINUED.�• Resolution Approving the Final Agreement Between the City of Fridley, Ramsey County and the Rice Creek Watershed District Resolving the Litigation Over the Locke Lake Improvement Project .............. 10.01-10.14 Resolution Authorizing an Increase in Compensaiion for Fridley City Employees for the 1996 Calendar Year ..................................... 11.01-11.02 Appointment: City Employees . . . . . . . . . . . . . . . . . . 12.01 Claims ................................... 13.01 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.03 Estimates . . . . . . . . . . . . . . . . . . . . . . . .� . . . . . . . . . . 15.01 - 15.07 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 Page 5 ADOPTION OF AGENDA: OPEN FORUM�VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARINGS: On-Sale License to Gourmet Village, Generally Located at 7890 University Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.0'f -16.08 Establish Stonybrook Creek Special � Tax District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 -17.08 OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code, � Chapter 31, Entitled "Pawn Shops," by Amending Sections 31.06, 31.11, 31.12, 31.13, and Adding New Section 31.14, and Renumbering the Remaining Sections Consecutiveiy, and Amending Chapter 11, "General Provisions and � Fees" .................................... \�__ 18.01 - 18.12 � � t FRIDLEY CITY COUNCIL MEETtNG OF DECEMBER 11, 1995 Page 6 NEW BUSINESS: Resolution Adopting a Budget for the Fiscal Year 1996 . . . . . : . . . . . . . . . . . . . . . . . . . . . 19.01 - 19.03 Resolution Declaring the Necessity to Levy a Tax Which Appears to be in Excess of 16 Mills and Certifying Tax Levy Requirements for 1996 to the County of Anoka for Collection . . . . . . . . . . . . . . . . . . . . . 20.01 - 20.03 Variance Request, VAR #95-34, by Erickson Oil Products, to lncrease the Maximum Size of a Free-Standing Sign from 80 Square Feet to 126 Square Feet, Generally Located at 7600 University Avenue N.E. (Ward 3) .............. 21.01 -21.19 Informa! Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.0'! ADJOURN: FRIDLEY CITY COUNCIL MEETING OF DECEMgER 11, 1995 1" . C7TY OF FRIDLEY ��,�,,�� The City of Fridiey will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, nationat origin, sex, disability, age, marital status, sexual orientation or status:with cegard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANGE: APPROVAL OF MINUTES: City Council Meeting of November 27, 1995 l�-��2��.�-t r-(' l,�-� . �� %'�-�.— / Special City Council Meeting of December 5, 1995 .. ��y��C..� �1�,,.�-t.c—�.c...-� .t�� `%� L " � APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Secon� Readir+� ef an Ordinance Recodifying the Fridley Ciry Code, Chapter 216, Entitled "Storm Water Drainage Utility" by Amending Section 216.04 . . . . . . . . . . . . . . . . . 1.01 - 1.02 ��,� Y�. Gr.c.--si t�-� /�/G��L�G�/�GG,��% � � �� ''C..� � '� --` , NEW BUSINESS: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #94-04, by Gary Hedman) (Ward 3) . . . . . . . . . . 2.01 - 2.03 �,��---�� NEW BUSINESS (CONTINUEDI: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #95-05, by Industrial Equities) (Ward 1) . . : . . . . 3.01 - 3.04 /,�-��. Variance Request, VAR #95-32, by Industrial Equities, to Allow Loading Docks in the Front Yard Facing Northco Drive, to Allow Construction of an 87,600 Square Foot Multi=Tenant OfficelVllarehouse Industrial Building, Generally Located at the Southwest Comer of 73rd Avenue and Northco Drive (Ward 1 j . . . . . . . . . . . . . . . . . . 4.01 - 4.07 ��-�`��' ,2�ti.�� (�� `z � Resolution Approving the Creation af Tax Increment District No. 14 and Adopting a Tax Increment Financing Plan Related Thereto . . . . . . . . . . 5.01 - 5.20 ��_�L�� _ Approve Comprehensive Sign Plan Amendment for 7570 Highway 65 N.E. (Ward 2) . . . . . . . . . . . . . 6.01 - 6.04 �/i��,_..�..%L. . uthorizin Chan es in �`iy� Resolution A g 9 G�� Appropriations for the General Fund for the Year 1995 . . . . . . . . . . . . . . . 7.01 - 7.03 � _ APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS�CONTINUEDL Resolution Authorizing the Transfer of up to $990,Q00 from the Closed Bond Fund to the Solid Waste Abatement Fund . . . . . . . . . . . . . . . . 8.01 - 8.03 G7��--r-� .... .5�� -�.�-�` � �z�� . l�� , �-��v.--�. Resolution Providing for a Storm Water Drainage Rate Change ...... 9.01 - 9.03 <,� � �iY�� -- Resolution Approving the Final Agreement Between the City of Fridley, Ramsey County and the Rice Creek Watershed District Resolving the Litigation Over the Locke Lake Improvemenf Project ��c �� . . . . 10.01 -10.14 Resolution Authorizing an Increase in Compensation for Fridley City Employees for the 1996 Calendar Year . . . . . . . . . . . . . . . . . . . . . . . . 11.01 -11.02 1�� • +-s` ,. , �� , Appointm� t: City Employees ...... 12.01 L'- �. Claims , . .��:`'``.'. . . ... . . . .. . 13.01 Licenses . . �'.�.�.��:`''�� . . . 14.01 -14.03 � Estimates . . . .G.��. . . . . . 15.01 -15.07 �� ;�, : �.��` ,�.�_,,�_ J �� -r-�� ADOPTION OF AGENDA, � � � 3� � �. `'�;JBLIC HEARINGS: On-Sale License to Gourmet Village, Generally Located at 7890 University Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . . . 16.01 - 16.08 �� .�% J � Establish Stonybrook Creek Special Tax District . . . . . . . . . . . . . . . . . . . . . . . 17.01 -17.08' �Q -- � , ,�' =� , _ �' �;' Lo OLD BUStNESS: Second Reading of an Ordinance • Recodifying the Fridley City Code, Chapter 31, Entitled `Pawn Shops," by Amending Sections 31.06, 31.11, 31.12, 31.13, and Adding New Section 31.14, and Renumbering the Remaining Sections Consecutively, and Amending Chapter 11, "General Provisions and Fees'�e{� , ��-�� . . . . . . . . . . . . . . 18.01 - 18.12 � ,�,e.,� _ ,,��-�-�., •�-�� .�� .��`, a-.� �� l�, /o NEW BUSINESS: �� ( a�j�.,t...�-'� ,,��µ� �--- Resolution Adopting a Budget i 5��1�--- .- for the Fiscal Year 1996 . . . . . . . . . . . . �. . . 19.01 - 19.Q� �. .t.- �-��.-�--� 4�� : �� l.y-�-, � � Resolution Declaring the Necessity to �" �✓ Levy a Tax Which Appears to be in �� ' Excess of 16 Mills and Certify�ng Tax Levy Requirements for 1996 to the County of Anoka for Collection . . . . . . . . . . . . 20.01 - 20.03 �..t,�� f✓ � �� .�— �y ��--' �'. � � I�' v�-�( . �'`�p��'i-.�� anance Request, �R # 5-34, /1�� by Erickson Oil Products, to Increase '�� the Maximum Size of a Free-Standing Sign from 80 Square Feet to 126 Squa�e Feet, Generally Located at � 7600 University Avenue N.E. (Ward 3) .. .. 21.01 - 21.19 _?_'�� ,��.,�.�. ,� �-�� ti�� ,��,=�' . � �=„r.�-- j y �� ,�- � , �,.��.� OP�N FORUM. VISITORS: i � � // Informal Status Re o s . . . . . . . . . . . . . . 22.01 �--� � � --�- �-=� G i�i� - �-�� (Consideration of Items not on Agenda 1�� 5 Minutes) ��,�_,� � �� G� Z� �,G_� AJ�JOURN: � ! , �� t� THB l[INDT88 OB T88 F'RZDLI�Y CITY COLNCIL l[ELTIII�i OF � s NOVBMS$R 27, 1995 TH$ MINOTES OF THE REGQLAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 27. 1995 The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to tY�e Flag. ROLL CALL• MEMBERS PRESENT: Mayo� Nee, Councilman Billings and Councilman Schneider MEMBERS ABSENT: Councilwoman Jorgenson and Councilwoman Bolkcom APPROVAL OF MINUTES: COUNCIL MEETiNG, NOVEMBER 13. 1995: MOTION by Councilman Schaieider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. �urns, City Manager, reviewed the proposed consent agenda items. NEW BUSINESS: 1. A�PROVE PARK NAME FOR PARK PROPERTY SOUTH OF RICE CREEK TOWNHOUSES: . Mr. Burns, City Manager, stated that the Parks and Recreation Commission recommended that the park be named Creek View Park. Iie stated that the neighborhood has been polled, and nut of the eight persons responding, seven indicated that they liked the na�ne Creek View Park fnr the park property south of the Rice Creek Townhouses. He stated that it is recommended that Council approve this name for the park and authorize the in- stallation of a park sign in early spring. APPROVBD THS NAME OF CREER VIBW PARIt FOR TH8 PARH PROPERTY SOIITH OF THE RICE CREER TOWNAOIISES AND AIITHORIZBD T8S IN- 8'1'ALLATION OF A PARR BIGN. 2. APPROVE HOUSING GOALS AGREEMENT FOR THE METROPOLITAN LIVABLE COMMUNITIES ACTz Mr. Burns, City Manager, stated that at the October 23, 1995 meeting, Council electesi to participate in the housinq FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 27, 199s P31GE 2 incentives program and agreed to sup��rt th� six �rinciples of the Act. He reviewed the benchmarlcs and stated that the City agrees to use benchmarks esta�lished for this area regarding affordability, life-cycle, ar�3 density. He stated that the City is now within these benctxmarks. APPROVED TH8 HOIISING _GOALS AGREEMEN�' FOR TtiE METROPOLITAN LIVEABLB COMMIINITIES ACT AND AIITHORIZED TH� MAYOR TO SIGN SAMF. 3. FIRST READING OF AN ORDINANCE RECODI�YING THE FRaDLEY CITY CODE, CHAPTER 31, ENTITLED "PAWN SHOPS," BY AMENDING SECTIONS 31.06. 31.11. 31.12. 31.13, AND ADDING NEW SECTION 31.14, AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY. AND AMENDING CHAPTER 1Z. "GENERAL PROVISIONS AND FEES:" Mr. Burns, City Manager, stated tha� the Public Safety Director, David Sallman, is recommending seven changes to Chapter 31 of the City Code. He stated tha� these changes would: (1) limit the number of pawn shop licenses in the City to three; (2) require that record keeping conform with re- quirements af automated record �Ceeping software being de- veloped by the Minneapolis Police Department; (3) provide changes in customer identificatio�; (4) require that the pawned items be stored on the premises; (5) limit the conditions under which property may be received by the licensee; (6) limit the conduct of persons on the licensed premises; and (7) raise the annual pawn shop license from $8,000 to $15,000 a year to cover the cost of eniorcement and monitoring. WAIVED THE READIN(3 AND APPROVED THE ORDINANCTs ON FIRST READING. 4. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 216. ENTITLED "STORM WATER DRAINAGE UTILITY" BY AMENDING SEC'�ION 2i6.04: Mr. Burns, City Manager, stated that this amendment would allow storm water drainage fees to be set by Council resolution. WAIVED T8E READIIJG AND APPROVED THS ORDINANCl3 ON FIRST READING. 5. RESOLUTION NO. 89-1995 CONFIRMING THE AMOUNTS HELD IN CHANGE FUNDS WITHIN THE GENERAL FUND AND MUNICIPAL LI4UOR FUND• Mr. Burns, City Manager, stated that this resolution consoli- dates all of Council's previous actions on change funds, as well as approves an increase of $100 in tY�e change fund at the front counter. He stated that the front counter change fund FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 2�, 1995 PAGB 3 needs to be increased to allow for a second cash drawer that will be used on Tuesday nights when City offices are open until 7:00 p.m. ADOPTBD REBOLIITION NO. 89-1995. 6. RESOLUTION NO. 90-1995 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO SPRING LAKE PARK LIONS {LONGHORN GRILL & BAR� LWARD 3'e Mr. Burns, City Manger, stated that this is a request to allow a lawful gambling premises permit at Longhorn Grill and Bar by the Spring Lake Park Lions. ADOPTED RESOLIITION NO. 90-1995. 7. CLAIMS' AIITHQRIZED PAYMENT OF CLAIM NOB. 65190 THROiJGH 65414. 8. LICENSES• APPROVLD THL LZC8NSB8 AS BIIBMITTTsD AND AS ON FII.$ IN THS LICE11fSL CLERR' 8 OFFICL. No persons in the audience commented on the consent agenda items. MoTION by Councilma� Scttneider to approve the consent aqenda items . 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 5econded by Councilman Billings. Upon a voice vote, aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: submitted. all voting There was no response from the audience under this item of business. PUBLIC HEARINGS� 9. PUBLIC HEARTNG TO AMENB REDEVELOPMENT PROJECT AREA NO. 1. AND CREATE TAX INCREMENT FINANCING DISTRICT NO. 14: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:52 p.m. FRIDLEY CITY COiJNCIL MEETING OF NOVEMBl3R 2�, 1995 PAGE 4 Ms. Dacy, Community Development Director, stated that the subject parcel is located at the southeast corner of 73rd Avenue and the University Avenue Service Drive. She stated that the project is to be known as the Fridley Business Center and will consist of a one-story 88,000 square foot building for use as office/warehouse. She stated that the parcel is in an M-2 zoning district, and it is anticipated that companies involved in printing, electronics, and high technology would occupy the space. She stated that there are vacation and variance requests associated with this project. She stated that the developer has indicated they have tentatively iden- tified a tenant for about half the space and nee3 occupancy in the spring of next year. Ms. Dacy stated that tax increment financing assistance is re- quested for this project, and the site is already in a redevelop- ment project area. She stated that there has been conceptual approval by the Housing and Redevelopment Authority for assistance in the form of a loan and a grant for soil correction and reloca- tion of the storm sewer on this site. She stated that the soil reports indicate that there are a number of areas where peat and organic clays need to be removed and silty sand needs to be replaced. She stated that approximately 27,000 cubic yards of fill is needed on the site after removaZ of the poor soils. Ms. Dacy stated that this would be Tax Increment Financing District No. 14, but there will only be eleven active tax increment finan- cing distric�s, as two districts, No. 4 and 5, were decertified in 1994 �nd 1995, and District �To. 8 will be decertified in 1996. She stated that this new district would expire in the year 2006. She stated that the LGA/HACA penalty can be avoided by paying a Iocal contribution equal to ten percent of the annual tax increment. She stated that by paying the local contribution from unrestricted revenue from the HRA, a savings of $129,815 would be realized. Ms. Dacy stated that after the public hearing this evening, a reso- lution to create this district will be submitted to the Council on December 11. The HRA will consider the development contract for assistance on December 14. No persons in the audience spoke regarding the creation of this tax increment financing district. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion ca�riecl unanimously and the public hearing closed at 7:58 p.m. 10. PUBLIC HEARING ON VACATION RE4UEST, SAV #95-04 BY GARY -LIEDMAN, TO VACATE A UTILITY EASEMENT, GENERALLY LOCATED AT 60-70TH WAY N.E. (WARD 3j: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilraan FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 27. 1995 PAGE 5 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:58 p.m. Mr. Hickok, Planning Coordinator, stated that this request is to vacate a utility easement at 60 ?Oth Way N.E. He stated that the petitioner's home was constructed over the eas�ment, and this en- croachment was revealed at a recent sale of the home. He stated that the title company is requesting this easement be vacated. Mr. Hickok stated that the Planning Commission recommended approval of this vacation with two stipulations: (1) the petitioner dedi- cate a new utility easement adjacent to the westerly lot line of the subject parcel; and (2) a verifying survey shall be submitted by the petitioner, which shall determine the width of the new easement between the dwelling and the westerly lot line. In all other areas along the west lot line, the easement shall be ten feet and shall be indicated on said survey and, in no case, will the easement be required to be wider than ten feet �n this property. He stated that staff concurs with the recommendation of the Planning Commission. No persons in the audience spoke regarding this proposed vacation request. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:01 p.m. 11. PUBLIC HEARING ON VACATION REQUEST. SAV #95-05, BY INDUSTRIAL EQUITIES. TO VACATE DRAINAGE AND UTILITY EASEMENTS ORIGINALLY DEDICATED ON THE RECORDED PLATS OF NORTHCO BUS�NESS PARK AND NORTHCO BUSINESS PARK 2ND ADDITION, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 73t'2D AVENUE AND NORTHCO DRIVE LWARD ): MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all vot�ing aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:01 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request for vacation of a 20 foot drainage and utility easement to allow the construction of an office/warehouse industrial building. He stated that the 24 inch storm water line will be relocated. Mr. Iiickok stated that this request has been reviewed by the Planning Commission, and staff concurs with the recommendation for approval with two stipulations: (1) the petitioner shall maintain the storm water drainage system from the manhole located in the southeast corner of the parking lot and the outlet located at the FRIDLEY CITY COUNCIL MEETIN(i OF NOVEMBBR 27, 1995 PAGL 6 intersection of 73rd Avenue and the East University Avenue Service Road; and (2) the petitioner shall execute and recard against the property a storm water pond maintenance agreement. Mr. Al Quam, 399 73rd Avenue N.E., statec� that he would like Council to withhold approval of this vacation until such time that an acceptable landscaping plan can be developed. He suggested landscaping in the 73rd Avenue median to screen this property from the neighborhood to the north. Mr. Hickok stated that ail the setbacks have been met, and the amount of Iandscaping is based on the building dimensions. He stated that he believed the landscaping plan can be designed to meet code requirements and enhance the site. Councilman Schneider stated that landscaping in the boulevard area would have to be maintained, and asked Mr. Quam if the residents would be willing to pay extra taxes for this maintenance. Mr. Quam stated that he would be willing to pay for the maintenance. He also suggested that if some landscaping could be placed in the median, it would spare the residents from looking at the development. Councilman Schneider fe�t that was is a planning issue, and the item before Council at this time is a public hearing for the vacation of an easement. Councilman Billings stated that as he understands, Mr. Quam is requesting that the petitioner or the City pay for some land- scaping, and he did not feel the issue of the vacation and land- scaping are connected. Mr. A11en, the petitioner, stated that he felt the landscaping could be worked out. Fie stated that there is not a great deal that would be required but perhaps some majestic spruce. He assured Council that this project is not something Mr. Quam would object to looking at and would be a credit to the neighborhood. Mayor Nee stated that he takes this as an offer to work out the landscaping and keep in contact with the residents on the plans. MOTION by Counciiman Billings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:17 p.m. 12. PUBLIC HEARING ON STONYBROOK CREEK IMPROVEMENT PROJECT NO. 246: MOTION by Councilman Schneider to waive the reading of the public hearinq notice and open the public hearing. Seconded by Councilman FRIDLEY CITY COIINCIL MEETINQ OF NOVEMB$R 2i. 1995 PAG$ 7 Billings. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:17 p.m. Mr. Flora, Public Works Director, stated that this public hearing is necessary to initiate the project for the improvement of Stony- brook Creek. He stated that Petition Nwaber 6A-1995 was received signed by eleven property owners agreeing to the $2,000 assessment and waiving the right to a public hearing. He stated that a petition has now been received from seven property owners supportinq this improvement, the $2,000 assessment, and waiving the right to a public hearing. He stated that these two petitions incorporate all of the properties on the Stonybrook Creek portion of the project. Mr. Flora recommended that the petition be received and the public hearing be closed. No persons in the audience spoke reqarding this improvement proj ect for Stonybrook Creek. Councilman Schneider stated that a letter�was received regarding the easements. Mr. Flora stated that easements have been executed except for two properties, and the majority are pe�manent easements. He stated that the Netzs and Martins ind�cated that they wili sign the construction easements after they are changed to inelicate a temporary easement and a final drainage utility easement. He stated that ths Sombrios indicated that they will sign a release agreement once the project has been completed. He stated that once work is completed the easements will allow for maintenance on the pipe and ditch systems. MOTION by Councilman Billinqs to receive Petition No. 12-1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:23 p.m. NEW BUSINESS• 13. VARIANCE RE4UEST, VAR #95-31, BY ANTHONY AND JOYCE SWANSON, TO REDUCE THE SIDE YARD SETBACK FROM A STREET RIGHT-OF-WAY �RO�I _�7.5 FEET TO .5 FEET TO ALIAW RECONSTRUCTION OF A GARAGE, GENERALLY LOCATED AT 6601 LUCIA LANE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that this is a request to allow a variance from the required setback of 17.5 feet to .5 feet FRIDL$Y CITY COIINCIL MEETING OF NOVSMBER 2i, 1995 PAGE 8 for a side yard on a corner lot adjacent to a public right-of-way. He stated that the variance is requested to allow the reconstruc- tion of a garage. Mr. Hickok stated that the Planning Commission and staff reviewed this variance request and determined that there are really three alternatives. He stated that these alternatives are: (1) to vacate the 66th Avenue right-of-way between Lucia Lane and Pierce Street; (2) locate the garage behind the house 17.5 feet from the property line; and (3j locate the garag� behind the dwelling facing the south property �ine and 25 feet from the rear property line and acquire an easement from the City to drive on the 66th Avenue right-of-way to access the garage. Mayor Nee asked if 66th Avenue was closed if it wouid adversely affect the traffic in the neighborhood. Mr. Hickok stated that the potential for a street is debatable. He stated that, at this time, it is landscaped property that is being enjoyed by the property owners. Mr. Flora, Public Works Director, stated that the right-of-way for 66th Avenue has been acquired to provide access between Lucia Lane and Pierce Street. He stated that this provides the City possibilities for future development. Councilman Schneider stated that the only reason for the variance is because of the platted riqht-of-�way. He felt that if a street has not been constructed in the last thirty years, it should probably be determined if there is a need for the right-of-way. He stated that he can see the need to continue Pierce Street in order to open up possible development of lots in the future, but he questioned if the 66th Avenue right-of-way was really needed. Mr. Flora stated that the 66th Avenue right-of-way is another way of distributing traffic if Pierce Street is opened. He stated that if this right-of-way is vacated, it eliminates an option. Mr. Hickok stated that if 66th Avenue was vacated the land would be added to the four adjacent properties. This would increase the value of these properties from $2, 000 to $3, 900, and increase taxes in a range of $44 to $86 per year. He stated that for this particular site, the value would increase by $2,700, and taxes would be increased by $59 per year. MOTION by Councilman Billings to table this variance request and request staff to submit a report on thp pros and cons of vacating the 66th Avenue right-of-way. MOTION FAILED FOR LACK OF A SECOND. Councilman Schneider stated that he did not feel the variance is very significant. He proposed to grant the variance and, if the City vacates the easement, the petitioner would accept it. He FRIDL$Y CITY COIINCIL MEETING OF NOVEMB$R 27, 1995 PAGB 9 stated that this right-of-way is being used now by all the adjacent property owners, and it seems the right-of-way should be vacated and added to the tax rolls. MOTION by Councilman Schneider to grant Variance Request, VAR #95-31, with the stipulation that should the 66th Avenue right-of- way be vacated by the City, the petitioner agrees to accept this parcel, maintain it, and pay taxes on it. Further, to direct staff to report on the pros and cons of vacating 66th Avenue. Seconded by Councilman Billings. Councilman Billinqs stated that he has a problem of approving a variance that is within six inches of the right-of-way. He stated that a variance has already been granted for 14-1/2 feet. He felt that this would be setting a danqerous precedent. He stated that it seems highly unlikely that the street will ever by constructed. If the street is vacated, the variance would not be necessary. He stated that if, in fact, the street is needed, a variance would have been approved which is greater than any in the history of the City when there really is not a hardship involved. This would be in violation of the spirit and intent af the State statute. He stated that he would vote against the variance because if the street is not vacated and constructed at some future date, the garaqe would be too close to the street. Councilman Schneider stated that the garage has been there for 25 years, and the street has not been constructed. He stated that the alternate location for tMe gar_aqe places it immediately behind the house, and the driveway would have to be much longer. He stated that the options are not very practical, and he did not feel there would be a pressing need to construct this street. Mr. Swanson, the petitioner, stated that if he built the garaqe in the back, his neighbors would only have a view of the garage instead of the trees. He stated that if he rebuilds the qarage where it is now located, he is still twelve feet from the right- of-way. For the two foot variance, he would be ten feet from the right-of-way. He did not feel that there would be that much of a difference between ten or twelve feet. Mrs. Swanson stated that these buildings have been in existence on Lucia Lane over thirty years, and they wanted to improve their property and construct a new garage. Councilman Schneider asked if all four property owners must agree to a vacation. Mr. Hickok stated that the vacation policy for alleys has been to have one hundred percent in support for a vacation. He stated that staff viewed this as being similar to an alley vacation. Councilman Billings stated that the most important question is whether adjacent property owners are in favor or opposed, but the FRIDLEY CITY COIINCIL MEETINQrOF NOVEMB$R 27. 1995 PAGL 10 vacation is at Council's discretion. He stated that the policy, in particular to vacation of alleys, is that the City wanted one hundred percent participation because that is an access to a particular property. He stated that in this particular instance, it is not that critical because access to these properties would not be affected. MOTION by Councilman Billings to table Variance Request, VAR �95-31 until the Council meeting on January 8, 1996. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, l�ayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to direct staff to prepare an analysis of the pros and cons of vacating 6bth Avenue and to present a report to the Council prior to thQ Council meetinq of January 8, 1996. Seconded by.Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 91-1995 ADOPTING A DRUG AND ALCOHOL POLICY IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTiNG ACT AND RELATED REGULATIONS: Mr. Hunt, Assistant to the City Manaqer, stated that in 1988, the Federal government passed a Drug Free Workplace Act that led to a policy for all City employees that was approved by Council in May, 1993. He stated that in February, 1994, a new set of regulations were initiated for the Transportation Safety Act that included municipalities. He stated this means that employees who drive large trucks, drivers of buses which transport sixteen or more passengers, or drivers of trucks of any size that transport hazardous materials are subject to these requlations. He stated that the City is,required by law to have a policy covering these kinds of occasions. He reviewed the six different kinds of tests. Mr. Hunt stated that cities can choose to implement the regulations individually or join a consortium aclministered by a third party. He stated that he is recommending that the City enter into a service agreement with Kerr Transportation Services, Inc. doing busiriess as Metro-Test to administer the City�s-participation in their consortium. He stated that the City Attorney has reviewed the aqreement with Kerr Transportation Services, Inc. and recommends that a provision be added that specifies this service agreement is connected to our policy. He stated that there is no reference as to how much insurance Kerr Transportation should carry which should probably be included. He stated that there also is some language that is apparently omitted under Item 10, Indemnifi- cation, which should be inserted. He recommended that the resolu- tion be adopted to approve the aqreeme�t and that the City Attorney work out the details with Kerr Transportation. MOTION by Councilman Billings to adopt Resolution No. 91-1995. Seconded by Councilman Schneider. FRIDLEY CITY COIINCIL MEETINa OF NOVSI�B�R 2i. 1995 PAGB 11 MOTION by Councilman Billings to amend the last paragraph in Resolution No. 91-1995 by deletinq the words "the attachedn and substituting the word "a." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. • � • �•I �"• � �_ � �s •' �i�_ :�_ � • •�� ='�• � ,e_'�• �_��_ -� • Mr. Burns, City Manaqer, stated that there will be another public hearing process for the ad valorem levy for this project. He stated that if this resolution is adopted, the City is authorizing proceeding prior to the ad valorem levy hearing. He stated that the Public Works Director feels it is important to beqin this proj ect . MOTION by Councilman Billings to adopt Resolution No. 92-1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECEIVE PROPOSAL AND APPROVE CONTRACT WITH MAIER_STEWART & ASSOCIATES FOR DESIGN OF WELL NO. 12 FILTRATION PLANT �,WARD 2 ) : Mr. Flora, Public Works Director, stated that Maier Stewart & Associates conducted a preliminary study of filtering the City's water system. Iie stated that by installing a new filter at Well No. 12, it would satisfy the City's demand for the removal of manganese and iron by filtering eight millions gallons of water per day. He stated that Maier Stewart & Associates has submitted plans and specifications for a filter plant at Well No. 12, and it is recommended that they be contracted to provide the design and construction inspection of the filtration plant for Well No. 12 at a cost of $125,465. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into a contract with Maier Stewart & Associates for the design and construction inspection of Well No. 12 filtration plant at a cost not to exceed $125,465. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. FRIDLBY CITY COIINCIL MELTINti OF NOVSMBLR 27, 1995 PAG$ 12 ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 27, 1995 adjourned at 9:20 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor TSE MIDiUTBB 08 THS 8$PCIAL BRIDI.BY CITY COQNCIL ILEBTING OF DFCBMBLR 5, 1995 SP$CIAL ME$TING OF TH$ FRIDL$Y CITY COIINCIL OF D$CEMB$R 5, 1995 The Special Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Schneider, Councilman Billings and Councilwoman Bolkcom MEMBERS ABSENT: Mayor Nee and Councilwoman Jorgenson Mayor Pro Tem Schneider stated that Mayor Nee has been havinq some difficulty with his leg and was recently hospitalized. He stated that Mayor Nee is doing well and should be out of the hospital soon. ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda as submitted. Seconded by Councilman Billings. Mayor Pro Tem Schneider stated that the City Attorney's staff has advised Council that action cannot be taken on Item 2 as a four- fifths affirmative vote is needed. He stated that since there are not four members present, the item should be deleted from the agenda. MOTION by Councilwoman Bolkcom to delete Item 2 from the agenda. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. UPON A VOICE VOTE TAI�N ON THE MAIN MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: 1. PUBLIC HEARING ON THE ADOPTION OF THE 1996 CITY OF FRIDLEY BUDGET: ND PUBLIC HEARING TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS: Mayor Pro Tem Schneider stated that this meeting is mandated by the state legislature, and official notice of this special meeting has been published. SPECIAL CITY COIINCIL MEETINa OF DECEMBBR 5. 1995 PAQE 2 MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 7:37 p.m. Mr. Burns, City Manager, stated that this public hearing is the last of a series of multi-faceted issues involved in preparing the 1996 budget. He stated that four factors were identified: (ij threats at the State level to reduce funding; (2) Council�s goals; (3) departmental goals and objectives; and (4j cash flow analysis. Mr. Burns stated that the effect on Fridley from state cuts was minimal, but revenue did not grow. He stated that Council's goals emphasized reduction of crime, improvement of housing and programs that stimulate community and neighborhood pride. He stated that the Community Development Department initiated housinq programs in the Hyde Park area. He stated that the Police Department initiated programs such as Proj ect Safety Net for the youth in the community, and police officers are involved in neighborhood crime watch programs. Mr. Burns stated that another factor that had an impact on the budgeting process was a cash flow analysis. He stated that it was projected that the City would run out of General Fund bal.ances in the year 1999 if immediate action was not taken. He stated that the question arose if the City should continue the property tax assessing function or if this should be done by the County. He stated that after further review it was agreed that the City should continue this function. Mr. Burns stated that there were a number of capital improvement issues for garage renovation, filtering of Well No. 12, reconstruc- tion of Riverview Terrace, and construction of a community activity center. He stated that Council agreed to proceed with the filter- ing of Well No. 12, and a decision has not been made on the recon- struction of Riverview Terrace. He stated that while funds were not budgeted for a community activity center, funds have been budgeted for a study. Mr. Burns stated that Council determined that water and sewer rates would increase in 1996. He stated that the last major issue in the budgeting process was to close the $1.5 miilion gap in the General Fund between revenues and expenditures. He stated that approxi- mately $800,000 was cut from the General Fund by eliminating five positions, closing warming houses and skating areas, reducing hours at Springbrook Nature Center, replacing the senior transportation program, and eliminating of mowing on University Avenue. Mr. Burns stated that in addition to these adjustments, it is proposed that $300,000 will be raised from fees and interfund charge increases, $181,000 from property tax increase, and $400,000 from fund balances. SPECIAL CITY COt1NCIL ME$TINQ OF DECEMBBR Se 1995 PAG$ 3 Mr. Burns stated that the total budget for all funds is $11.9 million or a one-half percent increase from 1995. He stated that the General Fund has decreased 1.6 percen� and is $9.8 million. He stated that this decrease is due to the elimination of personnel, not hiring a new police officer, cutbacks or elimination of overtime, reduction of the cost of living increase from three percent to two percent, and avoidance of additional costs for employee health insurance. Mr. Burns statecl that there are slight increases in supplies and contractual services and a small reduc- tion in capital outlay items. Mr. Burns stated that, overall, the Special Revenue Funds have decreased slightly from last year; however, there are small increases in the Cable Television Fund and Grant Management Fund. He stated that the Grant Management Fund includes the Community Development Block Grant programs for housing rehabilitation, human services, Section 8 housing assistance, and chore services. Mr. Burns stated that the Solid Waste Abatement Fund has decreased for 1996; however, no money has been budgeted for a neighborhood cleanup in 1996. He stated that the City is in the process of conducting a citizen survey to determine what parts of the city- wide cleanup program the citizens wish to retain. l�ir. Burns stated that the budget also increased $250,000 for acquisition of blighted properties. Mr. Burns stated that the Capital Projects Fund budget has increased in the areas of buildings and lands and includes $50,000 for a feasibility study for a community activity center. He stated that the streets portion of the budget has. increased, which includes street reconstruction, sealcoating, overlays, emergency vehicle signal improvements, and the improvement of Old Central Avenue north of 73rd Avenue. Mr. Burns stated that the Parks Department budget increased and includes ADA improvements, court resurfacing, and playground equipment upgrades. He stated that funds are also budqeted for improvements at the Riverview Heights Park, Springbrook Nature Center, and for carpet replacement at Community Park. Mr. Burns stated that the overall increases in the Enterprise Funds, which include the water, sewer, storm water, and liquor funds, are about 25 percent. He stated that the water fund will increase by $236,298; the sewer fund will increase by $332,172; and the storm water fund will increase $113,612. He stated that the liquor fund increase is $1,420,321 or 48 percent. Mr. Burns stated that the 1996 levy increased by four percent, the first increase in six years. He stated that this means the City's estimated portion of taxes on an average $80,000 Fridley home will increase from $142 to $145. He stated that taxes for any household will vary depending on the school district in which it is located SPECIAL CITY COIINCIL MEETING OF DBCEMBER 5. 1995 PAG$ 4 and the extent to which the assessed market value of the home has increased or decreased. He stated that the average increase in market value is 3.5 percent or $2,800 on a home valued at $80,000. Mr. Burns stated that there are internal and external indicators that are used in determining the.City's financial health. He stated that in regard to external revenues versus expenditures, until 1992, the City was not relying on internal sources of revenue. He stated that beginning in 1993, the City began to use the fund balances. He stated that the City is depending less on transfers and more on property taxes and charges than in previous years. Mr. Burns stated that new construction through November of 1995 was valued at $22,199,524 and included many new projects for Target, Agro K, Northco, Murphy Warehouse, Supreme Tool, Minco Products, and Home Depot. He stated that unemployment was down from 3.4 percent to 3 percent. He stated that property values have increased by $30,388,163 between September, 1994 and September, 1995, and the value of rental property has increased by $3,000,000 or 17 percent in one year's time. Mr. Burns stated that the crime rate is about the same as last year with a 5.6 percent decrease in less serious crimes, but an li percent increase in more serious crimes. He stated that the number of children receiving assisted meals at School District 14 has increased by 5 percent, but the number of families receiving cash assistance and food stamps has decreased by 4.3 percent. Mr. Burns stated that the 1996 budgeting process was marked by coming to grips with the growing gap between revenues and expenditures. He stated that the budget reflects an $800,000 cutback. He said that spending outside the General Fund has stayed the same or increased, but there are considerable increases in the Enterprise Funds. Mr. Burns stated that both internal and external indicators of the City's financial health are positive. He stated that the local economy is growing as reflected in new construction, jobs, retail sales, unemployment and property values. He stated that while indications of financial health are positive, the City should continue to be cautious in expenditure decisions as taxes from property appreciation are not likely to keep pace with inflation. He stated that there is a continued threat for state sources of revenue and an increasing burden from Federal abandonment of programs. He stated that the likelihood of heavy reliance on fund balances as a source of operating income will continue. Mr. Burns stated that the City can be very proud of what has been accomplished in 1995, as there are not very many cities that would have contemplated doing the number of projects the City has accomplished. He stated that it is with great pride that he presents the 1996 budget for Council's consideration. SPECIAL CITY COIINCIL MEETINQ OF DECEMBSR 5. 1995 PAQS 5 Mayor Pro Tem Schneider asked Mr. Burns to explain the cash flow projections. Mr. Burns stated that, in general, the Cityos General Fund balances would disappear by 1999. He stated that the utility fund balances were running low and would run out in 1996 if Council had not taken action. Mayor Pro Tem Schneider stated that it has been the City's policy to hold the tax levy constant. He stated that while property values have gone up somewhat, there have been changes in the formulas. The revenue generated from property taxes is less than the rate of inflation, and the gap continues to widen between revenues and expenditures. Mr. Burns stated that another factor is the funding received by the state, which is about 32 percent of the General Fund revenue. He stated that when inflation is considered; however, this percentage is actually reduced. Ms. Joan Olson, 6320 Van Buren Street, stated that it bothers her that the City is laying off employees but there are funds for a public cleanup. She stated that she is concerned the City will have another Lake Pointe in the southwest quadrant at University Avenue and Mississippi Street with no development occurring. Ms. Olson stated she felt that City governYnent�s primary purpose is to provide police and fire protection, utilities, and streets and everything else is secondary. She felt that the City should hire a new police officer and that something else could be set aside. Mr. Burns stated that the southwest quadrant development was moving at a rapid pace; however, there was a problem with the issue of land use and improvements. He stated that the City plans to submit a recommendation to solve these problems to the Housing and Redevelopment Authority next week and looks for development to occur in the spring of 1996. Mr. Burns stated that in regard to the Lake Pointe site, the office market is recovering and, hopefully, there will be construction of corporate offices on this site in the next year, as the City is currently working with a developer. Ms. Olson stated that she is not complaining about the tax increase, but she wants to make sure the more important issues are considered first. Councilwoman Bolkcom stated that as far as the additional police officer, the City would have received a grant for this position, and the number of police officers is not being decreased. SPECIAL CITY COIINCIL ME$TING OF D$CBMB$R 5, 1995 pAG$ 6 Ms. Olson stated that she would like to see the police officers have the best equipment, and she does not disagree with having more officers. Councilwoman Bolkcom stated that the decrease in the Police Depart- ment was for clerical personnel during the night time hours. She stated that the records have shown there are not many persons cominq to the Police Department at these hours. Mayor Pro Tem Schneider stated that crime has been Council's number one priority, and everything the Public Safety Director requested was included in this budget. Councilman Billings stated that as far as the budget cuts, the City has eliminated some of the warming houses. He asked how this impacts the budget and how many warming houses were eliminated. Mr. Burns stated that the warming houses at Madsen, Sylvan, Hayes and Stevenson were eliminated, as they needed replacement. He stated that this results in a$15,000 to $20,000 savings. Councilman Billings asked if any rinks or hockey surfaces have been eliminated for the 1995-96 season. Mr. Burns stated that seven skating areas were eliminated out of a total of 24. He stated that the City will maintain all the rinks and will pay for any necessary overtime to maintain the rinks where there is league play or lessons. Councilman Billings asked if the warming houses to be eliminated were the ones that were located at the rinks that had less use. Mr. Burns stated that the rinks at Hayes and Madsen were used the most and Sylvan the least, with Stevenson somewhere in the middle. Councilman Billings asked if the City has spent the funds for computers that were budgeted for 1995. Mr. Burns stated that these funds have not been spent. He stated that he wished to discuss this issue with Council at the first• meeting in January. ' Councilman Billings asked if these funds would be part.of the 1995 or 1996 budget. Mr. Pribyl, Finance Director, stated that this is an internal service fund and those funds are actually encwnbered from 1995 and become encumbered for 1996 and will become part of the 1996 budget. Councilman Billings stated that it is his understanding, then, that even if those funds were in the 1995 budget and would not be spent until 1996, Council would not need to make any changes in the budget. BPECIAL CITY COQNCIL MEETINa OF DECEMB$R So 1995 PAaS 7 Councilman Billinqs stated that a two percent cost of living increase is included for City employees. He asked Mr. Burns if he knew how much the cost of living has increased for 1995. Mr. Burns stated that he has not heard a recent figure, but earlier the projectiori was three percent. No other persons in the audience spoke regarding this proposed 1996 budget and the proposal to levy a tax which appears to be in excess of 16 mills. Mr. Pribyl stated that the 16 mill issue is an old Charter require- ment that requires Council to pass a resolution if it appears that the tax levy will be in excess of 16 mills. He stated that because the Charter has not been changed to the newer tax terms, the City still needs to enact a resolution for a levy that may exceed 16 mills. Councilman Billings stated that Council does not really know at this point if the 16 mills will be exceeded. He stated that the Charter is not updated with the new language and felt that perhaps this should be reviewed. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearinq closed at 8:17 p.m. Mayor Pro Tem Schneider stated that the adoption of the 1996 budget would be at the next Council meeting on December 11, 1995 which begins at 7:30 p.m. • ADJOURNMENT• MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Special Meetinq of the Fridley City Council of December 5, 1995 adjourned at 8:20 p.m. Respectfully submitted, Carole Haddad Dennis L. Schneider Secretary to the City Council Mayor Pro Tem TO WILLIAM W. BURNS, CTTY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJEGT: 2ND READING OF ORDINANCE TO CHANGE STORM WATER RATE DATE: December 5, 1995 Attached is the Ordinance to recodify the Fridley City Code Chapter 216, Entitled "Storm Water Drainage Utility" by amending Section 216.04. RDP/me Attachment 1.01 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 216, ENTITLED "STORM WATER DRAINAGE UTILITY" BY AMENDING SECTION 216.04. The City Council of the City of Fridley does ordain as follows: 216.04. STORM WATER DRAINAGE FEE For the purpose of calculating storm water drainage fees, all developed one family and duplex parcels shall be considered to have an acreage of one-tlurd (1/3) acre. The quarterly storm water drainage rate shall be set by Council Resolution. PASSED AN ADOPT'ED BY THE CTTY COUNCIL FOR THE CTTY OF FRIDLEY THIS DAY OF DECEMBER, 1995. ATTFST: WILLIAM A. CHAMPA - CI'TY CLERK Public Hearing: November 13, 1995 First reading: November 27, 1995 Second Reading: Publication: 1.02 WILLIAM J. NEE - MAYOR � _ � . Community Development Department PI.ANNING DIVISION City of Fridley DATE: December 5, 1995 W'lliam Burns Cit Mana er �°� TO : 1 , y q �, FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planninq Coordinator Michele McPherson, Planning Assistant First Reading of an Ordinance Approving a Vacation Request, SAV �95-04, by Gary Hedman, Generally Located at 60 - 70th Way NE The City Council conducted a public hearing regarding the vacation request at its November 27, 1995 meeting. The Planning Commission voted unanimously to recommend approval of the request to the City Council. The City Charter requires the City Council to approve an ordinance for the vacation of all streets, alleys, and easements. Staff recommends that the City Council approve the attached ordinance vacating the easement at 60 - 70th Way NE. MM/dw M-95-603 2.01 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate the East 10 feet, except the Southerly 5 feet, of a utility easement located on Lot 9, Block 4, Ostman's Third Addition, generally located at 60 - 70th Way N.E. Al1 lying in the South Half of Section 10, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulations adopted at the City Council meeting of , 1995. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: November 27, 1995 First Reading: Second Reading: Publication: 2.�2 inousTwui. BUG�NL�B cm �o�rs TOrOORAPHIC MAPP(N6 N SCAtE ��" :30' � SAV 4�95-04 C. E. C O U L T E R � Gary Hedman LAND SUF2VEYOR REC3ISTEREO UNDER LAWS OF STATE OF MINNESOTA LIGENSED pV 011DINANGH O� CITY OP MINNEAP06IC 3300 LYi�1DALE AVE. SO. MINNEAPOLIS 9. MINN. TAYLOR 4-037a S U FZVE Y �ar O TTO � S�'MAN �urnrgur's Lrrtifr�tr rurrit+a rwnw sunvars uKCSHORe JUDICIAL � �iQ �`—" \1`/ AY l�. E , - • �-- �2o.az - - - - . - -- -.i4O . . . . — — - :-1 �; --� — — — — 2 . n . ba _ -- — —.-ao . . . - � �. �s .__..Sa _ . . . . - ; � , •� o , � + ��o � LOT � .� I , _ I _ ; _ _ �� I�3.35 — —� — — — — — — — — — — — — W i-S-F - � ' t? ` � Q 1 . �' . , N°'�� -� ( J l= _,3. �o � a �7 � I o�- � �� d � : L �� j�� ro / ' --- -- --- --- ` � ; - w — — -- ._ ___ —= �r �'— �� } ° asement to be Vacat d - � p� f �' • � ; _ o :i.�. _ ._ • _ � Y i � . C� � � � L. �-T 3 . � 1 � i � ' � = i �. � \ . �, — — Eastliae Qi LQt — — — -- — — — — —I , !" . . _ l• � ; � L.' �`-- — �" _ . -°.21� _ � • . . .� .,zo.�3 - � � `L O T �" d°� 1 , N ' I , . . ....�p,.. . . . _ _ -_ 80_.. � —..� _I ' - - 14p .. . • " I hereby certify that the above is a true and correct plat of a survey of: '�he Easterly 20 feet of Lot 9 as measured=at right angles to the Easterly line thereaf, Block 4, OSTMAN'S THIRD ADDITION, Anoka County, Minnesota, `together with the Westerly 60 feet of Lots 1, 2, 3.and 4 as measured`along the North and Soutn lines thereof, B1ock 14, Camp Howard and Hush's lst. Addition to Fridley Park, Anoka County.,, Minnesota.< As surveyed by me this 3rd day of June 1960 A: D. � �! d 1 =� �z I It�G, c a �-ned .i'�O• (n • �, "�� .L,. . ,Z.�3 Ni�.nnesota Registration No . 2584 __ ; . �.:. , � _ � Community Development Department PLANNING DIVISION City of Fridley DATE: December 5, 1995 TO: William Burns Cit Mana er �� , Y g � FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant First Reading of an Ordinance Approving a Vacation Request, SAV #95-05, by Industrial Equities, Generally Located at the Southwest Corner of 73rd Avenue and Northco Drive The City Council conducted a public hearing regarding the vacation request at its November 27, 1995 meeting. The Planning Commission unanimously recommended that the City Council approve the vacation request. The City Charter requires the publication of an ordinance vacating all streets, alleys, and easements. Staff recommends that the City Council approve the attached ordinance for first reading vacating the drainage and utility easement for Northco Addition. MM/dw M-95-602 3.01 ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate those particular 20.00 foot drainage and utility easements originally dedicated on the recorded plats of Northco Business Park and Northco Business Park 2nd Addition and now to be vacated which lie within Lots 1 and 2, Block l, in said Northco Business Park and Lot 2, Block 1, said Northco Business Park 2nd Addition and lying southerly of the northerly 20.00 feet of said lots. The centerline of said 20.00 foot easement is described as follows: Commencing at the most southerly corner of said Lot 1; thence northwesterly, along the southwesterly line of said Lot 1, a distance of 62.51 feet, to the intersection with the westerly line of said Lot 1 (said intersection hereinafter referred to as "Point A"); thence southeasterly, along a line passing through a point on a southeasterly line of said Lot 2, Block l, Northco Business Park distant 29.00 feet southwesterly from said most souther].y corner, a distance of 85.00 feet, to the point of beginning of the centerline to be described; thence northwesterly, a distance of 85.00 feet, to the above referenced "Point A"; thence northerly, along the westerly line of said Lot 1, a distance of 379.40 feet and said centerline there terminating, generally located at the southwest corner of 73rd Avenue and Northco Drive. All lying in the South Half of Section il, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulations adopted at the City Council meeting of , 1995. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. 3.02 Page 2 - Ordinance No. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: November 27, 1995 First Reading: Second Reading: Publication: 3.03 �� - �., �::.;::. � c � � F `'J a � ^ � �� + \� _ - � 00'b� �I�,Op � J � t _ LJ C` � � � t� t�,; � _ , � _ 3 �;:a:. � � ;-- �..� i � , J .� � ��' �� , � u � . � 1 � � . ( , . `� �� J G� i Lt_ . " . . . �— i• t • � � � . . . � � � " . . . . . . SAV ��95-05 Industrial Equitie t�� M �f .- .� .��-= Q Y7M !p �11 � i1�l� MM� i1Y �O ]INT J � F • ��oi• LSIQ ' . �.�j%� � � - M'77�lOMpiYlO711111tt7 � `t -11'N� ;H.�EM . � "' IO7� �A • . - � �` Ir� 9fO �" , � � �� li �� 9 �� i' , �— •� � . ... • . , � .. �� • LJ ' `1 �. . a � � \ . � `,� � . � l� . ._ ' l �� ' � J�� - � L� . 1 r� s ' � ! a � �'0131 ,� ,. '.'73.f t�-,! � � "� � � � c ,-� •w } � v'�.y ^ r .� ' 1 � c� � � ' ., y .y�4� J . � T ,y � 1 / r � � � . J � t��•� �_ _ �T�� '°0�� K•� ' � ' � �� , � � ,. ." � � _i � • I • � �� ►�; � K 7 T I� . � , � � �ti� �r�' 3.t . a � __� a A � � � � O . - -. � E k� -' �' � M � � G � �, � � � - : � �a �� a. �� "; > �,`� . l�- ' /�� W CI , ^ � r ;, - �� m ��_ �.� �s � �f � y� s � • '- - "'•'°•" �.;ss ` _� �, 0 � � A �" \ ' ► ._ � � �� . � \ . . 1 � , �., . �, �, �.! � . . � ` .. ~ . � 9 � �y 1 . � j � \��f�� . A > � � J � � \•+� �a• � � � � . � �� Y � � . �'"� W �• --- __ � �" � . �� ` �. �� 9 w � w� . • p1M ;IRO�i � � J O` _ -sroN / �a.so.� �;� � ��. ��vr � J� � S �M M ��s � � �� _ � � �� b� � � �� J �i �y�� !�S � !! o. 1 ' `� � r � � 1 � I � . b!! � � s � �� • � � e < �� . . I�- . . � M � . S� I ( . - • ..�. ra. .�..a«w. li Y .. ,» I � a �� N � I „� � �. �.,.�. ? � - �� !{ � � � w�� — � tf �A�40I1�A � M� � �l4 n�l �/ ��ON iM1111q a a ' .. i l 'r �•-�•�� -�-•��-�� i ��,��-�•� iniii - ,. _7 /V -71 /,V_7/i� /:J_/..��_7/�//Vi i % - / -�� Y� � i i I-� 4? � / L� / � � `, / � / /� i / / -1 / �--i i �� _� .��v .:�i✓�r;.J�rr ��iv, i�1_ =�1 ✓ i .; , • , 3.04 DESCRIPTION OF REQUEST: The petitioner requests that a variance be granted to allow loading docks to face the public right of way in order to allow const�uction of an 87,000 square foot multi-tenant office/wazehouse industrial building. The request is generally located at the intersection of the East University Avenue Service Road and 73rd Avenue. SUMMARY OF ISSUES: Section 205.18.OS.D.(6).(a) of the City Code requires all loading docks to be located in the rear or side yard and be screened from the public right of way. Public Purpose served by this requirement is to limit loading activities in the rear and side yards in order to reduce traffic conflicts and aesthetic impacts. The subject parcel is bounded on three sides by public streets, therefore it has three front yards. The loading docks face the interior of the industrial development, therefore the impact to the general public is minimized. HARDSHII': See attached letter. RECOI��V�NDED ACTTONS: Staff recommends that the City Council approve the variance request to allow loading docks in the front yard with the following stipulations: 1. Submission of landscaping plan adequately screening the loading docks. 2. Installation of underground irrigation. APPEALS COMIVIISSION ACTION: The Appeals Corrunission voted unanimously to recommend approval of the request to the City Council. 4.01 Staff Report VAR #95-32, by Industrial Equities Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Eaisting Vegetation: Eaisting Zoning/Platting Availability of Municipal Utitities: Vehicular Access: Pedestrian Access: Engineering Tssues: Site Planning issues: PROJECT DETAILS Variance to allow loading docks in the front yard. East University Avenue Service Road and 73rd Avenue. 0 Lot 1, Block 1, Northco Business Park and Lot 2, Btock 1, Northco Business Park Second Addition 298,627 square feet 6.85 acres Flat Some trees, vegetation of tall grass M 2, Heavy Industrial; Northco Business Park First and Second Addi6on (18988 and 1990 r�vely) 73rd Avenue� Northco Drive 73rd Avenue, Northco Drive, East University Avenue Service Road Bikeway along 73rd Avenue; south side Stormwater flow relocation None 4.02 r Staff Report VAR #95-32, by Industrial Equities Page 3 DEVELOPMENT SITE PropeMy History The subject parcel was originally platted as part of the Northco Business Pazk First Addition in 1988. The parcel is comprised of two legally described lots. The petitioner is also processing a vacation request to vacate a 20 foot drainage and utility easement which bisects the lot in a north- south direction. Analysis Section 205.18.OS.D.(5).(b) of the City Code requires loading docks to be located in the rear or side yazd and be screened &om the public right of wa.y. Public Purpose served by this requirement is to limit loading activities in the rear or side yards in order to reduce traffic con8icts and aesthetic impacts. The subject parcel is bounded on three sides by public stree�ts: East University Avenue Seivice Drive on the west, 73rd Avenue on the north, and Northco Drive on the east/sou�. The proposed building will be constiucted parallel to 73rd Avenue, with that being its "frotrt" side. The loading docks are proposed to be located on the opposite side facing the urterior of the indust�ial development. There is adequate room to provide screening and landscaping along the public right of way (a 20 foot hardsurface setback is provided as required by code). At the writing of this report, the petitioner had not submitted a landscape plan. The petitioner will be requirerl to submit a landscape plan which complies with the requirements of the M 2, Heavy Industrial District requirements. 4.03 Staff Report VAR #95-32, by Industrial Equities Page 4 RECOMN�NDATION/STIPULATIONS: Staff recommends that the Appeals Commission recommend approval of the variance request, to allow loading docks in the front yards with the following stipulations: WEST: SOUTH: EAST: NORTH: ADJACENT SITES Zoning: M 2, Heavy Industrial Zoning: M 2, Heavy Industrial Zoning: M-2, Heavy Industrial Zoning: R 1, Single Family Dwelling Comprehensive Planning Issues: Land Use: Vacant Land Use: Vacant Land Use: Manufacturing, research, and development Land Use: Residential The property is zoned and guided on the Comprehensive Plan as an industcial site. This proposal is consistent with the City's plans. Public Hearing Comments: While the hearing has not been held, questions regarding the setback requirements adjacent to 73rd Avenue may be raised by the public at the meeting. Section 205.18.03.D.(4).(a) requires the building to be setback from the street right of way abutting a residential distrid 100 fcet. It dces, however, allow pazking and drive areas to be located within this 100 foot setback The code dces not require this azea to be fully vegetated. 4.�4 , .. . VAR ��95-32 � Industrial Equities ._ . _... _. w.__ __._ __ _ _ ; , � . _ �I'd AYCIlllC N.L''. . . r ' R1.f11 1 �Ci :.a i ri _ _.�. ., ii.`"�iu .�v�ii. �v4—��98 UCL .L4 � `9J 1L �JU i .:.-.�' �� .�.�.��..�.��.�.� ..r..- - - - — �r .��.w.w�w.iwi� �� "" M __ ..+.� �� 1rq•r �"�•�w7f��I •w � VAR �i95-32 In�ustrial F.�ti� _i 0 , - .� �.n.a� a � ae� b � �o,��o i �� 'C.� • � `7� / � �� ; ,. � � � �` `. � �`�� ,�'.�' . i 1 . .� � � . � � ` ... � � � � � . � � � � �#�,�,'�� : .� � : � j� � �a t � �f � � Y�: �� . � � �; #�� w � � � �� ; � � ;� . � � � � �� i� � • �� r� 11 � 1�� ;i� �� f � '"y� INDUSTRIAL EQUITIES L.L.P. D e v e 1 o p m e n t a n d I n v e s t m e n t s TEL 612 591 0892 1660 South Highway 100, Suite 536W, Minneapolis, Minnesota 55416 FAX 612 591 1383 November 3, 1995 Mr. Scott Hickok City of Fridley 6431 University Avenue NE Fridley, MN 55435 RE: �idley Busine.ss Center - 73rd and University Dear Scott: Please let me take this opportunity to outline for you the rationale behind the necessity of requiring a variance on the truck loading issue. First and foremost, unlike most properties this site is sunounded by Northco Drive, 73rd and Universiry Service Drive. Accordingly, it is impossible to develop this property without having some visibility of the truck court. I believe our plan has done an outstanding job of sheltering the trucks from 73rd Avenue and the landscaping on the back of the property will mitigate the views of the truck court. Secondly, the narrow site requires saw tooth docks on the east end of the property. Scott, should you, the City Council or the Planning Commission have any questions on this issue, kindly do not hesitate to advise. We certainly appreciate your assistance on this matter and look forwazd to developing the Fridley Business Center in the city of Fridley. Yours very truly, !�� /1% G�� John N. Allen Managing Partner JNA/gw 4.07 r _ � . Community Development Department G DIVISION City of Fridley DATE: December 5, 1995 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Amending 1, and Creating Tax No. 14 Request Redevelopment Project Area No. Increment Financing District John Allen of Industrial Equities Development Investments is proposing to develop a multi-tenant, 88,000 square foot, one- story industrial business center in the Northco Business Park adjacent to 73rd Avenue. Allen has applied for tax increment financing to assist with soil correction and utility relocation costs. In order to provide the assistance, an economic development district is proposed to be created. The site already lies in the redevelopment project area. The proposed project will cost approximately $3,500,000, and will generate approximately $120,000 in taxes per year. The one-story building is for office/warehouse and manufacturing uses. Anticipated uses include printing companies, electronic and high- tech industries, and those industries that need storage space. Allen believes that the community needs "upgraded" multi-tenant industrial space for industrial expansion. Tax Increment Financina Assistance The initial assistance package discussed with Northco and the HRA was approximately $350,000 of assistance, of which one-half would be a loan and the remaining amount would be a grant (very similar to the Agro-K project). The developer will relocate the storm sewer and will remove peat and organic clays in various locations on the property. Other types of existing soil need to be replaced with fill for better compaction. Allen has advised us that at least 27,000 cubic yards of fill must be imported to the site. Because one-half of the assistance will be provided through a loan, the grant amount can be recovered by tax increment by 2001. 5.01 Tax Increment District #14 December 5, 1995 Page 2 Therefore, the district could be retired early, or the City may want to keep the district until 2006 because an additional $100,000 of tax increment could be qenerated for other Authority expenses. The HRA not only receives tax increment from the project, but also receives the interest amount on the loan repayment. Because this is an Economic Development District, the amount of captured increment decreases as the district ages. State law requires that the "base amount" increases each year. This means that an increasing amount of taxes will be returned to the County and school district beginning in 1999. Process In order to create a tax increment district, the City Council must pass a resolution authorizing creation of the district after holding a public hearing. Of what would be 14 districts, two districts have expired (#4 and #5; the Johnson and Paschke districtsj, and District #8, the Shorewood district, will be retired in 1996. "But For" Test Site preparation costs like soil correction and utility relocation costs are eligible expenses for TIF assistance. Because of the site's unusual soil conditions, extensive work is needed to make the site buildable. These types of projects have been completed in the-�iorth industrial area (TIF #3) for Sam's Club, the Agro-K project, and some of the Paschke office/industrial developments. LGA/HACA Loss? Under the recent amendment to the TIF statutes, the City may elect to avoid the LGA/HACA loss by electing to make a"local contribution" of 10� of the tax increment. The LGA/HACA loss is predicted to be $182,468 over the life of the district. The local contribution amount equals $52,653 over the life of the district for a savings of $129,815. The local contribution may come from unrestricted revenue of the City or the HRA. In this case, the HRA has adequate non-restricted revenue sources to act as the source for the contribution so that the City's resources will not be affected. Recommendation Staff recommends the City Council approve the attached resolution. BD/dw M-95-604 5.02 KESOLUTION NO. A RESOLUTION MODIFYING THE RLDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THL TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. l, 2, 3, 6, 7, 9, 10, 11, 12 AI�TD 13 TO REFLECT INCREASED PROJECT COSTS WITHIN REDEVELOPMENT PROJECT NO. 1, AND CREATTNG TAX INCREMENT FINANCING DISTRICT NO. 14 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows; Section 1. Recitals. 1.01. It has been proposed by the Housing and Redevelopment Authority (the "Authority") that the Council modify, approve and adopt a Modified Redevelopment Plan relating to Redevelopment Project No. 1 to reflect increased project costs, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed by the Authority that the Council modify, approve and adopt Modified Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1, 2, 3, 6,7, 9, 10, 11, 12 and 13 (the "Existing TIF Districts") to reflect increased project costs within Redevelopment Project No. l, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended and supplemented from time to time. 1.03. It has been further proposed by the Authority that the Council create proposed Tax Increment Financing District No. 14 and approve and adopt a proposed Tax Increment Financing Plan relating thereto, pursuant to and in accordance with Minnesota Statutes, Section 469,174 to 469.179, inclusive, as amended and supplemented from time to time. 1.04. The Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, a Modified Redevelopment Plan for Redevelopment Project No. 1 and Modified Tax Increment Financing Plans for the Existing TIF Districts to reflect increased project costs within Redevelopment Project No. 1 and a proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. 14, defining more precisely the property to be included, the public costs to be incurred, and other matters relating thereto. 1.05. The Council has performed all actions required by law to be performed prior to the modification, approval and adoption of the Modified Redevelopment Plan, the Modified Tax Increment Financing Plans and the proposed Tax Increment Financing Plan. 5.03 � Page 2 - Resolution No. 1.06. The Council hereby determines that it is necessary and in the best interests of the City and the Authority at this time to modify, approve and adopt the Modified Redevelopment Plan and the Modified Tax Increment Financing Plans to reflect increased project costs within Redevelopment Project No. 1 and to create proposed Tax Increment Financing district No. 14 and to approve and adopt the proposed Tax Increment Financing Plan relating thereto. Section 2. Findinas. 2.01. The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan are necessary to assure the development and redevelopment of Redevelopment Project No. 1. 2.02. The Council hereby finds, determines and declares that the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan afford maximum ogportunity consistent with the sound needs of the City as a whole for the development and redevelopment of Redevelopment Project No. 1 by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. 2.04. The Council hereby finds, determines and declares that the approval and adoption of the Modified Redevelopment Plan for Redevelopment Project No. 1, the Modified Tax Increment Financing Plans for the Existing TIF Districts and the proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. 14, by the City is intended and, in the judgement of this Council, its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan. 2.05. The Council hereby finds, determines and declares that proposed Tax Increment Financing District No. 14 constitutes a"tax increment financing district" as defined in Minnesota Statutes, Section 469.174, Subdivision 9, and further constitutes a type of "economic development district" as defined in Minnesota Statutes, Section 469.174, Subdivision 12. 5.04 Page 3 - Resolution No. 2.06. The Council hereby finds, determines and declares that the proposed development or redevelopment in proposed Tax Increment Financing District No. 14, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 2.07. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Modified Redevelopment Plan, the Modified Tax Increment Financing Plans, the proposed Tax Increment Financing Plan and Exhibit A of this Resolution. Section 3. Modification, Approval and Adoption of Modified Redevelopment Plan. 3.01. The modification to the Redevelopment Plan relating to Redevelopment Project No. 1 reflecting increased project costs is hereby approved and adopted by the Council of the City of Fridley. Section 4. Modification, Approval and Adoption of Modified Tax Increment Financing Plans. 4.01. The modifications to the Tax Increment Financing Plans for the Existing TIF Districts reflecting increased project costs within Redevelopment Project No. 1 are hereby approved and adopted by the Council of the City of Fridley. Section 5. Creation of Tax Increment Financing district and Adoption of Tax Increment Financina Plan. 5.01. The creation of proposed Tax Increment Financing District No. 14 within Redevelopment Project No. 1 and the proposed Tax Increment Financing Plan relating thereto are hereby approved and adopted by the Council of the City of Fridley. Section 6. Election of Citv Contribution. 6.01. The Council hereby elects to make a qualitying local contribution equal to 10.00% of the tax increment generated from Tax Increment Financing District No. 14, pursuant to 1995 Minnesota Laws, Chapter 264, Article 5, Section 6, Subdivision 6(d). Section 7. Filina of Plans. 7.01. Upon approval and adoption of the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan (collectively the "Plans"), the City shall cause said Plans to be filed with the Commissioner of Revenue. 5.05 Page 4 - Resolution No. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 5.06 Page 6 - Resolution No. I. IIe SCHEDULE 1 TO EXHIBIT A RESOLUTION NO. REDEVELOPMENT WITHOUT TIF ASSISTANCE: Estimated Market Value * $ 674,260 Original Market Value $ 223,200 Increased Market Value $ 451,060 * 20,000 square feet of building only �$22.553/square foot plus current market value of land REDEVELOPMENT WITH TIF ASSISTANCE: Construction of an office/manufacturing/warehouse facility Estimated Market Value * Original Market Value Increased Market Value Less Tax Increment Present Value 8.50%, 11.5 years Net Increased Market Value $ 2,521,564 $ 536,900 $ 1,984,664 $ 351,639 $ 1,633,025 ** 88,000 square feet of building only Q$22.553/sguare foot plus current market value of land 5.08 �� CITY OF FRIDLEY, MINNESOTA FRIDLEY BUSINESS CENTER Estimated P. V. Analysis TaX 8.500% Date Increment 06/01 /96 12/01 /95 06/01 /96 12/01 /96 06/01 /97 12/01 /97 Q6/01/98 i 2/01 /98 06/01 /99 12/01 /99 06/01 /2000 12/01 /2000 06/01/2001 12/01 /2001 06/01 /2002 12/01 /2002 06/01 /2003 12/01 /2003 06/Of /2004 12/01 /2004 06/01 /2005 12/01 /2005 06/01 /2006 12/01 /2006 �,�„ � � , - _,� - � "�.;��°"�' ., " 0 0 0 0 0 47,099 47,099 44,080 44,080 40,579 40,579 36,5i 8 36,518 31,809 31,809 26,347 26,347 20,014 20,014 12,668 12,668 4,149 4,149 526,527 0 0 0 0 0 39,876 38,250 34,339 32,939 29,086 27,901 24,085 23,103 19,303 18,517 14,712 14,112 10,283 9,864 5,989 5,745 1,805 1,731 351,639 ALLEN2 PREPARED BY CASSERLSMOOJ�ZAHN & ASSOCIATES, INC. 13-Nov-95 . y INDUSTRIAL EQUITIES L.L.P. Deaeloyment and Innestments TEL 612 591 0892 1660 South Highway 100, Suite 536W, Minneapolis, Minnesota 55416 FAX 612 591 1383 October 19, 1995 Ms. Barb Dacy CommLnity Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 Dear Barb: As you know, Industrial Equities has a preliminary interest in developing the 6.8 acre Northco Business Center site that is located at 73rd and University with a speculative multi tenant 88,000 squaze foot business center. Because this site has significant soil conection and utility relocation issues our current and future interests must be contingent upon establishing a reasonable tax increment and financing district that is consistent with the plans that have been discussed between Northco, James Casserly and the City. Without soil conection and utiliry relocation assistance this project, like others considered before it, cannot proceed, and the future development is quite unlikely. Based on our discussions and your previous discussions with Northco, it appears that the HRA and the City Council will favorably consider establishing a tax increment finance district for this site. Accordingly, I have developed preliminary project designs and made the required appli�atiens to the City and Rice Street Watershed District to allow for the sites preparation and � i conection. As I understand it, the District cannot be formally established prior to December ! 12, 1995. However, assuming the City would support this proposal, Industrial Equities would I, ;� like to do preliminary site preparation prior to that date so as to allow for construction through i j the winter. This site preparation would include onlv tree removal and general site grading that would allow for specific soil correction and preparadon for the importing of the required select � material to conect and raise the elevation of the site after the approval is granted. j' Unfortunately, if this early access is not possible, site grading must be delayed until late April , of 1996, and construction completion will be delayed by over five months. � Barb, if T.I.F. is not going to be available on this project we clearly do not want to get out in �; front of the headlights and invest any more time or money. However, if the City supports this ; j ,' project, we would like to take the allowable steps which would bring this project on line in the � j Spring of 1996. � ? 1 ; 5.10 Ms. Barb Dacy October 19, 1995 Page 2 Industrial Equities is enthusiastic about the possibility of developing this project in Fridley because businesses like doing business in Fridley. The City works for both the employees and the employers. You have virtually no vacancy but you have no expansion space to expand your exisdng companies much less attract desirable new employers. Industrial Equities believes a high quality energy efficient business center could fill this void for both Fridley and businesses in the City. I look forward to discussing in greater detail with you the HRA and City Council's response to this request. If ;�o�: �:��e �.�� ;�aPs±iors, tiin�l; d� net hesil?te ±� ��iss. Yours very truly, �� .��j � John N. Allen 7NA/gw 5.11 SECTION XV TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 14 (FRIDLEY BUSINESS CENTER) Subsection 15.1. Statement of Objectives. See Section I, Subsection 1.5. Statement of Objectives. Subsection 15.2. Modified Redevelopment Plan. See Section I, Subsections 1.2. through 1.15. Subsection 15.3. Parcels to be Included. The boundaries of Tax Increment Financing District No. 14 are described on the attached Exhibit XV-A and illustrated on Exhibit XV-B. Subsection 15.4. Parcels in Acquisition. The Authority may publicly acquire and reconvey any or a11 of the parcels in Tax Increment Financing District No. 14 identified on the attached Exhibit XV-A. The following are conditions under which properties not designated to be acquired may be acquired at a future date: (1) The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the Tax Increment Financing Plan; and (2) Such acquisition will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 15.5. Development Activitv for which Contracts have been Signed. As of the date of adoption of the Tax Increment Financing Plan, the City intends to enter into a Development Agreement with Industrial Equities L.L.P. for the activities discussed below. Subsection 15.6. Sbecific Development Expected to Occur. At this time it is anticipated that an approximate 88,000 square foot office/manufacturing/warehouse facility with an estimated market value of $2,521,564 will be constructed in 1996. Subsection 15.7. Prior Planned Improvements. The Authority shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of district enlargement with a listing of all properties within Tax Increment Financing District No. 14 for which building permits have been issued during the eighteen (18) months immediately preceding 15 - 1 5.12 approval of the Tax Increment Financing Plan by the Authority. The county Auditor shall increase the original tax capacity of Tax Increment Financing District No. 14 by the tax capacity of each improvement for which the building permit was issued. If said listing does not accompany the aforementioned request or notice, the absence of such listing shall indicate to the County Auditor that no building permits were issued in the eighteen (18) months prior to the Authority's approval of the Tax Increment Financing Plan.. Subsection 15.8. Fiscal Disparities. The Council hereby elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3, clause (a) if and when commercial/industrial development occurs with Tax Increment Financing District No. 14. . Subsection 15.9. Estimated Public Improvement Costs. The estimated costs associated with Redevelopment Project No. 1 are listed in Section I, Subsections 1.9 and 1.10. Subsection 15.10. Estimated Amount of Bonded Indebtedness. It is anticipated that $900,000 of bonded indebtedness could be incurred with respect to this portion of Redevelopment Project No. 1. Pursuant to Minnesota Statutes, Section 469.178, Subdivision 1, General Obligation Tax Increment Bonds may be used as required to amortize the costs identified in Section I, Subsections 1.9 and 1.10. The City reserves the right to pay for all or part of the activities listed in Section I, Subsections 1.9. and 1.10. relating to Redevelopment Project No. 1 as tax increments are generated and become available. Subsection 15.11. Sources of Revenue. The costs outlined in Section I, Subsection 1.9. will be financed through the annual collection of tax increments. Subsection 15.12. Estimated Original and Captured Tax Capacities. The tax capacity of all taxable property in Tax Increment Financing District No. 14, as most recently certified by the Commissioner of Revenue of the State of Minnesota on January 2, 1994, is estimated to be $24,697. The estimated captured tax capacity of Tax Increment Financing District No. 14 upon completion of the proposed improvements on January 2, 1997 is estimated to be $82,775. Subsection 15.14. Tax Increment. Tax increment has been calculated at approximately $94,198 upon completion of the improvements assuming a static tax capacity rate and a valuation increase of zero percent (0%) compounded annually. Subsection 15.13. Tax Capacity Rate. The current total tax capacity rate is 113.8010. 15 - 2 5.13 Subsection 15.15. Type of Tax Increment Financina District. Tax Increment Financing District No. 14 is, pursuant to Minnesota Statutes, Section 469.174, an Economic Development District. Subsection 15.16. Duration of Tax Increment Financinq District. The duration of Tax Increment Financing District No. 14 is expected to be nine (9) years from receipt of the first tax increment or eleven (11) years from date of approval, whichever is less. The date of receipt of the first tax increment is estimated to be July, 1998. Thus, it is estimated that Tax Increment Financing District No. 14, including any modifications for subsequent phases or other changes, would terminate in the year 2006. Subsection 15.17. Estimated Impact on Other Taxinq Jurisdictions. The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of Tax Increment Financing District No. 14. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance of the City, the attached Exhibit XV-E reflects the estimated impact of Tax Increment Financing District No. 14 if the "but for" test was not met. Subsection 15.18. Election of Citv Contribution. The Council hereby elects a qualifying local contribution equal to ten percent (10.00%) of the tax increment generated from Tax Increment Financing District No. 14, as set forth in 1995 Minnesota Laws, Chapter 264, Article 5, Section 6, Subdivision 6 (d) . Subsection 15.19. Modification of Tax Increment Financinct District and or Tax Increment Financina Plan. As of December 11, 1995, no modifications to Tax Increment Financing District No. 14 or the Tax Increment Financing Plan therefore has been made, said date being the date of initial approval and adoption thereof by the City Council. 15 - 3 5.14 EXHIBIT XV-A PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 14 AS ORIGINALLY ADOPTED DECEMBER 11, 1995 PIN 11.-30-24-31-0008 PIN 11-30-24-31-0018 XV-A-1 5.y5 EXHIBIT XV-B Boundary Map Univcrsity Avenue N.E. � ; i � ; XV - B - 1 5.16 �, EXHIBIT XV - C CASH FLOW ANALYSIS Original Estimated Captured Estimated Less Available Period Tax Tax Tax Tax Admin Tax Ending Capacity Capacity Capacity Increment Fees Increment 12/01 /95 06/01 /96 12/01 /96 06/01 /97 12/01 /97 06/01 /98 12/01 /98 06/01 /99 12/01 /99 06/01 /2000 12/01 /2000 06/01 /2001 12/01 /2001 06/01 /2002 12/01 /2002 06/01 /2003 12/01 /2003 06/01 /2004 12/01 /2004 06/01 /2005 12/01 /2005 06/01 /2006 12/01 /2006 24,697 28,642 28,642 33,217 33,217 38,523 38,523 44,677 44,677 51,813 51,813 60,089 60,089 69,687 69,687 80,819 80,819 93,728 93,728 108,700 108,700 126,062 126,062 24,697 28,642 28,642 115,992 115,992 115,992 115,992 115,992 115, 992 115,992 115, 992 115, 992 115,992 115,992 115,992 115,992 115,992 115,992 115,992 115,992 115,992 115, 992 115,992 0 0 0 0 0 82,774 82,774 77,469 77,469 71,315 71,315 64,179 64,179 55,903 55,903 46,304 46,304 35,173 35,173 22,264 22,264 7,292 7,292 XV-C-1 5.17 0 0 0 0 0 47,099 47,099 44,080 44,080 40,579 40, 579 36,518 36,518 31,809 31,809 26,347 26,347 20,014 20,014 12,668 12,668 4,149 4,149 0 0 0 0 0 9,420 9,420 8,816 8,816 8,116 8,116 7,304 7,304 6,362 6,362 5,269 5,269 4,003 4,003 2,534 2,534 830 830 0 0 0 0 0 37,679 37,679 35,264 35,264 32,463 32,463 29,214 29,214 25,447 25,447 21,078 21,078. 16,011 16,011 10,135 •10,135 3,320 3,320 526,527 105,305 421,222 PAY 1990 MARKET VALUE 11-30-24-31-0008 11-30-24-31-0018 PAY 1995 MARKET VALUE 11-30-24-31-0008 11-30-24-31-0018 ESTIMATED ECONOMIC FACTOR ORIGINAL TAX CAPACITY ESTIMATED MARKET VALUE ESTIMATED TAX CAPACITY ESTIMATED TAXES PAY 1995 TAX RATE 1996 CONSTRUCTION 1997 VALUATION 1998 TAXES PAYABLE ADMIN/PROGRAM FEES PV RATE INFLATION EXHIBIT XV - C ALLEN DEVELOPMENT ASSUMPTIONS 88,000 SF 88,000 SF 06/01 /96 �.1 �- 2 @ @ 135,200 163,300 223,200 313,700 4.600% 28.65 JSF 4.600% 1.50 /SF 1.13801 20.000% 8.500% 0.000% 298,500 536,900 1.160 24,697 2,521,564 115,992 132,000 EXHIBIT XV-D "BU'T FOR" ANALYSIS The two parcels located within the proposed Tax Increment Financing District are located in an area the City has been attempting to redevelop for the past several years. Previous efforts to redevelop this area have been unsuccessful, however, due to the significant soil correction and utility relocation costs required to render the parcels buildable. The City feels that because these parcels have not developed in the past due to the significant soils correction and preparation costs, the use of TIF Assistance is necessary to help the proposed project proceed. In addition to creating between 80 and 150 additional employment opportunities, this redevelopment will provide an additional $1,984,664 in market value to the City's tax base. XV-D-1 5.19 EXHIBIT XV—E ESTIMATED IMPACT OF TAX INCREMENT FINANCING DISTRICT NO. 14 IMPACT ON TAX BASE ORIGINAL ESTIMATED CAPTURED DISTRICT TAX TAX TAX TAX AS % ENTITY BASE CAPACITY CAPACITY CAPACITY OF TOTAL City of Fridley 27,329,921 24,697 115,992 91,295 0.334% County of Anoka 146,471,588 24,697 115,992 91,295 0.062% ISD #16 11,514,810 24,697 115,992 91,295 0.793% IMPACT ON TAX RATE TAX % OF TAX TAX RATE ENTITY RATE TOTAL INCREMENT INCREASE City of Fridley 0.16098 14.15% 14,697 0.054% County of Anoka 0.32765 28.79% 29,913 0.020% ISD #14 0.58566 51.46% 53,468 0.468%. Other 0.06372 5.60% 5,817 1.13801 100.00% 103,895 * Assumes construction would have occurred without the creation of a Tax Increment Financing District. If constrtuction is a result of Tax Increment Financing, the impact is $0. XV—E-1 5.20 � _ � Community Development Department PI,��]VNING DIVISION City of Fridley DATE: December 4, 1995 TO: William Bums, City Manager h � c�� FROM: Barbara Dacy, Community Development Director Scott H'ickok, Planning Coordinator 1Vlichele McPherson, Planning Assistant SUBJECT: � Approve Comprehensive Sign Plan for 7570 H'ighway 65 The property owner at 7570 H'ighway 65 is in the process of renovating the froirt facade of the building. As part of this renovation, the owner has applied for pernuts to install new signs for each tenant. As the building includes more than three tenants, Chapter 214 of the sign code requires the Council to approve a comprehensive sign plan for the building. The property owner has submitted the attached comprehensive sign plan criteria for the subject property. The criteria includes sign size, color, material, and location. This criteria also requ'ves all signs to be approved by both tbe building owner and the City prior to installation. Recommendation Staff recommends that the City Council approve the attached sign criteria. M-95-601 11rIlVi/ 6.01 , SIGNAGE CRITERIA 7570 INC. 7570 HIGHWAY 65 NE FRIDLEY MN 55432 784-1268 November 30 1995 This document shall establish the exterior sign program for the tenants of the property located at 7570 Highway 65 in Fridley, Minnesota. All exterior signage will be assigned by a square foot ratio of leased or rented spaces. All letters, numbers and logos, are to be of viayl. The maximum size is not to exceed 24 inches. Multiple lines of copy aze allowed. In keeping with uniformity all letters, numbers and logos are to be one color. This color code shall not be enforced for any FOR LEASE or FOR RENT signage. All signage on front building to be attached to white Lucabond facing. This facing is approximately 4 feet by 130 feet. There will be no signage allowed on overhead doors. Signage will be allowed on entrance doors and mailboxes. (approval of owner required). All signs, variances or deviations from this criteria must be approved by both the building owner and the City of Fridley. 7570 Inc. ��%o��.� Michael Obraske secretaty,treasurer Highway 65 NE Fridley Mn 55432 784-1268 6.�2 � .� v- Q � �l � � � � � . � � �� ` V' _� ..� � ` r, , . . � � � r 0 � �� U � ._ � O O - tl. � 0 0 :� �� . � � �� N � � � � � � � � w � z W �U t� ,�� O . V � � � J J � �! Q �' Q � � � . >' OC - >- Q w � OC OC � , _ a. � z � � z� � 6.03 L � �, � . � `� � � � I � ',,� N � N ,, � , M __ � � � � � �� 0 :, � ` � � � 0 d ,, � - � -, Q �, � � � o .� � 00 .� � , � � ,,, > n O V � � � � � � �1 1 ,: ; ; . � � � 0 o� I � � � L 1 , �'v � 1 � � � � � � � � 6.04 � W .J � Q C� c� � .� - � O = L � Q � 0 0 C� � W � � 0 � � Q � � � o � � � Q � � � � � � � � j ` ! � � - � �� . � � � �'� .� � TO: WILLIAM W. BURNS, CITY MANAGER /M � � FROM: RICHARD D. PRIBYI., FINANCE DIRECTOR PAUL S. HANSEN, STAFF ACCOUNTANT SUBJECT: MODIFICATIONS TO THE 1995 BUDGET DATE: " December 6, 1995 Attached you will find a resolution amending appropriations to the 1995 Budget in accordance with the City Charter. The adjustments listed have arisen as a result of donations, unforeseen expenditures, and items budgeted in the wrong categories. All adjustments have been informally approved by you through the Budget Reappropriation Form. We request that Council approve the amendment of the attached budgets. RDP/ph Attachment 7.01 RESOLIITION # - 1995 A RESOLOTION AOTHORIZING CHANGSS IN APPROPRIATIONS FOR THE GENSRAL FUND FOR THE YEAR 1995. WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 1995. NOW, THEREFORE, BE IT RESOLVED that the General Fund budget for the following divisions be amended as follows: REVENUE ADJUSTMENTS DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - NATURAUST TOTAL REVENUE ADJUSTMEM'S APPROPHIATION ADJUSTMENTS GENERAL MANAGEMENT SUPPUES/CNARGES POLICE FlRE RENTAL INSPECTIONS ENGINEERING PARK MAINTENANCE PERSONAL SERVICES CAPITAL OUTLAY SUPPUES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTIAY PERSONAI SEFNICES SUPPLIES/CHARGES GENERAL FUND 5,000 FRIOLEY UONS CLUB - 49ER DAYS 2,000 FRIDLEY LIONS CLUB - PARK SHELTER AT COMMUNtTY PARK 1,000 FRIDLEY IJONS ClUB - CITY PARADE FLOAT 150 FRIDLEY UONS ClU6 -`WELLNESS WALIC' 58.150 2,700 OUTPLACEMENT SERVICES FOR JIM FROEHLE 49,744 PROJECT SAFETY NET (509) TRANSCRIBING MACHINE 2.700 OUTPLACEMENT SERVICES FOR DEBBI O'NEILL 3,675 PAID ON-CALL FIREFlGHTER'S UFE INSUFtANCE 4,055 TRANSFER OF APPROVED BUDGET TOTAL FROM CAPITAL TO SUPPUES DUE TO UNIT COSTS OF PURCHASE (�405 EACI-� (4,0557 67,277 SET-UP 1995 BUDGET 9,555 SET-UP 1995 BUDGET SUPPIIES/CHARGES 2,700 OUTPLACEMENT SERVICES FOR CLYDE MOREVEfZ CAPITAL OUTIAY 4,129 PORTABLE WELDEH TRAILEH SUPPLIES/CHARGES 4,000 REMOVED A-FRAME BUIIDiNG SUPPLIES/CHARGES 3,381 EMERGENCY REPAIR OF THE BOAROWAIK IN THE SPRINGBROOK NATURE CENTER CAPITALOUTLAY 1,582 RADIALARMSAW CAPITAL OUTtAY 2,247 TWO BASKETBALL STANDARD&CHARGED TO CAPITAL OUTLAY DUE TO UNIT COSTS OF PURCHASE (>$50� EACI-� SUPPUES/CHARGES (2,24� CAPITAI OUTLAY 564 HAND LAWN MOWER 7.02 STREET MAINTENANCE CAPITAL OUTLAY (4,129) POFiTABLE WELDER TRAILER CAPITAL OUTLAY (1,58� RADIAL ARM SAW CAPITAL OUTLAY (564) HAND IAWN MOWER RECREATION NATURALIST EMERGENCY RESERVE SUPPLIES/CHARGES 5,000 FR�OLEY UONS CLUBS - 49ER DAYS CAPITAL OUTLAY 2,000 CONSTRUCTI�N OF PARK SHELTER AT COMMUNITY PARK SUPPUES/CHARGES 1,000 LION'S CONTRIBUTION TOWARD REBUILDING CITY PARADE FLOAT SUPPUES/CHARGES 150 SPRINGB�i00K NATURE CENTER'WELLNESS WALK' CAPITAL OUTLAY 9,000 FiIDING IAWN MOWER SUPPUES�CHARGES 2.700 OUTPLAC9�AENT SERVICES FOR DAWN FUNN (49�744) (3,67� (67,277) (9,555j (4��) (3.381) (3.�) 509 (2.700) (2.700) (2.700) (2.��) TOTAL APPROPRIATION ADJUSTMENTS 58.150 PROJECT SAFEIIf NET PAID ON-CALL FlREFlGHTER'S LIFE INSURANCE SET-UP 1995 BUDGET SET-UP 1995 BUDGET HENAOVE A-FRAME BUILDING BuIERGENCY REPAIR OF THE BOARDWALK tN THE SPRINGBROOK NATURE CENTER RIDING LAWN MOWER TAANSCRIBING MACHINE OUTPLACBNENTSERVICES FOR DEBBI O'NEILL OUTPIACEMENT SERVICES FOR CLYDE MORAVER OUTPIACEMENT SERYICES FOR DAWN FLINN OUTPLACEMENT SERVICES FOR JIM FROEHLE PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 7.03 WILLIAM J. NEE - MAYOR e TO: WILLIAM W. BIIRNB, CITY MANAGER FROM: RICHARD D. PRIBYL� FINANCE DIRECTOR HOWARD D. ROOLICR, ASBISTANT FINANCE DIRECTOR SIIBJECT: RFSOLIITION TO TRANSFER FIINDS FOR FRIDLLY PRIDE CITY WIDE EBPENSES DATE: December 6, 1995 Attached you will find a resolution authorizing the transfer of up to $190,000 from the Closed Bond Fund to the Solid Waste Abatement Fund to fund the unbudgeted portion of the Fridley Pride City Wide activities. Total costs to date for Fridley Pride City Wide, as detailed on Exhibit A, are $204,952.77. The City received cash donations totaling $1,275 to offset costs. Since $16,000 was budgeted in the Solid Waste Abatement Fund, the unfunded portion totals $187,677.77. By authorizing a transfer of up to $190,000, Council will have approved funding for any minor bills that may have not been received yet, although we are not aware of any at this time. �: 1 R880I�UTION # - 1995 A RESOLIITION AIIT$ORIZING THE TRANBFLR OF IIP TO $190, 000 FROM THE CLOSBD BOND FIIND TO THI3 SOLID WASTE ABATEMENT FOND. WHEREAS, the City undertook a citywide clean up and neighborhood pride project entitled Fridley Pride City Wide; and WHEREAS, the 1995 budget included $16,000 for the administration of this project since the final size and scope were not known at the time the budget was adopted; and cash controls, ' WHEREAS, the final cost for Fridley Pride City Wide exceeds the budgeted amount by approximately $190,000. NOW, TIiEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby authorized transferring up to $190,000 from the Closed Bond Fund to the Solid Waste Abatement Fund. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK : 1 � WILLIAM J. NEE - MAYOR EXHIBIT A FRIDLEY PRIDE CITY WIDE COSTS As of December 11, 1995 ADMINISTRATION Consultant Fees Printing Postage Signs Entertainment Clothing Food Rentals Paper Products Copies Security Mileage Logo Advertising Contest Winner Phone Insurance Misc. Supplies Total Administration CURBSIDE Tree, Brush and Branch Removal Appliance Removal Usab(e Fumiture Removal General Refuse Total Curbside DROP-OFF CENTER Tire Removal Flourecent Lamp Used Oil and Filters Demolition, Concrete, Asphalf Total Drop-off Center Costs as of Costs Ye# 11-30-95 to be Paid Total Costs 19, 508.81 195.00 19, 703.81 4,406.13 4,406.13 2,846.40 4.80 2,851.20 2,092.19 2,092.19 1,750.00 1,750.00 2,161. 50 2,161.50 904.74 904.74 271.58 271.58 245.14 245.14 218.09 218.09 213.00 213.00 174.58 3.77 178.35 161.48 161.48 86.80 86.80 50.00 50.00 13.69 13.69 1,631.00 1,631.00 149.96 4.32 154.28 36,885.09 207.89 37,092.98 68,986.50 68,986.50 11,533.00 11,533.00 2,663.46 2,663.46 69,264.93 1,091.55 70,356.48 152,447.89 1,091.55 153,539.44 2,098.20 2,098.20 1,493.87 1,493.87 948.00 948.00 8,759.72 8,759.72 13,299.79 13,299.79 BUSINESS BEAUTIFICATION AWARDS 2,320.00 2,320.00 fFy�';i.u�•.r,r:{ti{!: 'SitCJRtY.iv r+FU�t��ye.x{F� �y:� y..{rx xr •. y L S ii '. i+I :+C ^. j f .:..M1 v�'^ff.!:+t.•::�.v. . . . .t . `4/ S`� S .•::: • . ; . . �{#� '`� � r�%�'}� ' • • . S ' � .' . . . x �``� ��# % : :::;� .n - . � .-..- . � � .:::.:. ...,....... ... .,,� ..k..w�..,. � � ,�.. ,., .,�.. ::.. �-.::..:.:�::....� : . ��..- ... �:,:.,,�.; . , 8.03 TO: WILLIAM W. BURNS, CITY MANAGER FROM: RICHARD D. PRIBYL, FIN.ANCE DIRECTOR SUBJECT: RESOLUTION INCREASING THE STORM WATER DRAINAGE FEE DATE: Decem6er 6, 1995 Attached you will find a Resolution that increases the storm water drainage fee from $5.25 per quarter per REF-acre to $8.40 per quarter per REF-acre. An REF acre by definition, in Ordinance #216, is the ratio of the average volume of runoff generated by one acre of a given land use to the average volume of runoff generated by one acre of typical single family residential land use during a standard one year rainfall event. To calculate the residential cost per quarter Section 216.04 provides that both single and duplex parceLs be considered to have an acreage of one-third (1/3) acre. Therefore, the $8.40 per REF-acre shouid be divided by 3 to get $2.80 per quarter per single family parcel. The increase of this fee was discus.sed a great deal during the recent 1996 Budget Work Sessions. I have attached the projections that were provided by the Finance Department during those sessions. The 1996 projected loss amounted to approximately ($116,000) if no increase in fees were to take place. Staff is recommending that this Resolution be passed io eliminate ihe erosion of capital from this fund by running it at a loss. RDP/me Attachment 9,01 O N C m � � m � rn I m Q � � 000 ONOO�p�:�:��0 O '0'0�:.:-:::06� ....` �:�� M ;C7� 07 :�N� ::n0:: y O�{� ':�� N 11� n O�::FD N N � M;: � r OD ::t0: V' �:�- ::dQi : �: " O C7 'ct tf) :�:Si: O e{ 10 N ?:x? 'V' W .: � W OD :�:W: 1�1 ::N-. �:�.r.!:; �O ;il>; et V O CD ^ 2�: �(A N H N:�:.: � � M :;C?: N�P9 ::�D: r+ :ip ::�:: .�..0 � NT fA � �" {y �y: N O ::r: f0 `C0 ;AQ:: O N in � ip?:>:=:: N :,.. 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W m �.a c v o C � p o ::;9►: at .;:�< w a a> a �!� �_ Z a m a .. � �� o >�a: o::� :>ai:: c� m� c a a m o c a0 c ac '� � � � •;,.... 3 ¢ � o v� a m m o ;�� :>� �:�+d' " a� w � � p 0 m � N% v ��v ss :�:�I1 :.'�: � � � � � � £ mor° ?:E: m�a�'�a3o � I m��m c >:� r::� �:�: o �� h ;;:: m� �a m m H m c... m a a :::a <��:: •. a" :�► aav�Ssoz a o c�o0 � >�4 �>:�:. v� O iu: O O z— z ::z t� ;� �'� >�d:: m O m � V � m a a a v c 0 � .� � RESOLUTION NO. - 1995 RESOLUTION PROVIDING FOR A STORM WATER DRAINAGE RATE CHANGE WHEREAS, Section 216.04 of the City code provides that the City Council shall have the authority to set the storm water drainage fee by resolution, and Wheceas, the City has not increased this rate since 1985, and Whereas, the City has indicated a desire to provide for proper maintenance and improvements to the storm water drainage system, and Whereas, both the maintenance and improvements have been outlined in the City's Budget and Capital Improvement Program, and WHEREAS, the new rate is to be effective with the January, 1996 billing. NOW THEREFORE, BE IT RESOLVED, that the storm water drainage rate for all customers shall be $8.40 per quarter per REF-acre PASSED AND ADOP'TED BY TI� CTTY COUNCIL OF THE CTTY OF FRIDLEY THIS ______ DAY OF DECEMBER, 1995. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CTTY CLERK 9.03 20RERT A. GUZI' Rf:RNAR[� 6. STEFFEN FICHARD A. MERRti_L DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER jON ['. ERICKSON LAWRENCER.JOHNSON DAVID A. COSSI TIiOM.AS P. MALONE MICHAEL F. HURLEY VIRGILC. HERRICK HERMAN L. TALLE .�l \ � 1 �� Barna, Guzy & Steffen, Ltd. ATT'ORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids B�ulevard Minneapolis, MN 55433-5894 (612)780-8500 TO: FRIDLEY CITY COUNCIL FROM: SCOTT LEPAK FAX (612) 780-1777 DATE: NOVEMBER 30, 1995 RE: FINAL AGREEMENT ON LOCKE LAKE LITIGATION CHARLES M.SEYKORA WILLIAM M. HANSEN IIANIEL D. GANTER, JR. REVERLY K. l�[X;E CRAIG M. AYERS GREGG V. HERRICK JAMES D. HOEFT JOAN M. QUADE SCOTT M. LHPAK ELIZABETH A. SCHAnING WILLIAM F. HUEFNER JONATHAN K. REPPE ROBERT C. HYNES 1935-1993 On November 8, 1995, representatives from the City of Fridley, Ramsey County and the Rice Creek Watershed District met in a second mediation session to discuss possible settlement of the pending litigation surrounding the Locke Lake improvement project. Pub].ic Works Director John Flora and I attended the mediation on behalf of the City of Fridley. At the mediation session, the matter was tentatively settled. This �tentative settlement was previously presented to the City Council and was approved at that time. The t�ntative settlement was also subsequently approved by the Ramsey County Board of Commissioners. The representatives from the Rice Creek Watershed District who were present at the mediation, including three of the board members and their attorneys, have also indicated that they will approve the tentative settlement. Following the ratification of the tentative agreement by the three parties, the attorneys have been working on the language of the final settlement agreement and joint powers agreement. That language has now been finalized. The language is attached for your review. The substantive provisions are as follows: Fridley will make a monetary contribution of $54,000.00 and will remove $52,000.00 worth of material from Locke Lake to reduce the costs to be allocated to Ramsey County. As a result of Fridley's contributions outlined above, Ramsey County shall contribute $282,734 as its share of the cost of the Locke Lake Tmprovement project. Fridley will provide, at its cost, any maintenance required for the non-sediment basin portion of the Locke Lake Project. The Watershed District will provide, at its cost, the maintenance required for the sediment basin portion of the Locke Lake Project. � �.� � An Equal Opporcunity Employer Ramsey County has already given its attorney authority to execute these documents. Following execution by the City of Fridley, the documents will be submitted to the Watershed District for the appropriate signatures. A motion authorizing the Mayor and City Manager to sign these documents is attached to this memorandum for your review and approval. fridley\lockelak\setmemo 113095s1 2 10.02 RESOLUTION NO. - 1995 RESOLIITION APPROVING THE FINAL AGREEMLNT BETWEEN THE CITY OF FRIDLEY, RAMSEY COUNTY AND THE RICE CREER WATERSIiED DISTRICT RESOLVING THE LITIGATION OVER TIiE LOCRE LAKE IMPROVEMENT PROJECT WHEREAS, representatives of the City of Fridley, Ramsey County and the Rice Creek Watershed District have reached a tentative settlement of the pending litigation, Ramsey County district court file no. C9-93-9419; and, WHEREAS, the tentative settlement was previously submitted to the Fridley City Council and was approved; and, WHEREAS, the tentative settlement has now been reduced to final written form; and, WHEREAS, the attached documents entitled Settlement Agreement and Release, Joint Powers Agreement between the Rice Creek Watershed District and the City of Fridley, and the Stipulation of Dismissal with Prejudice represent the entire settlement between the parties NOW, THEREFORE BE IT RESOLVED that the City Council approves the final agreement and that the Mayor and any other appropriate elected or appointed officials are authorized and directed to execute originals of the attached documents. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 10.03 WILLIAM J. NEE - MAYOR C1�6y�984� M j u TEL PJn . F,126�99845 Iie c 01 , 95 10 : 28 P. 02 SETTLEMENT AGREEMENT ANb �ET,$ASE This settlemen� Agreement �thd Release (Agreement) is made � 1995 between Ct]A YZiCE� Crae�k Wa�er�hed D1.tlttrict {F�CWD),.the City oP Fridley (Fridley) and the County oP Ramsey (R€�m�ey Caunty) . WHEREAS, RCWU on �uly 14, 1993 �s�ued Findings Gf Fac�, Canalusions and Order to �mglement the Locke La�ke Improvemelnt project upon certain condi.tion� s�at �orth in the Canclusian� and Oxde�r f t�nd � WH�ttEA�, On AUgu�tt 13, 1993 Ramsey County ap ealed in Rama�y Caunty Distriat Caur� the RGWD�B July 14, �.��3 F�t�dings a�' Fac�, conc�.us�,ons and orQer, an �h� fallowing qrounds: RCwTI�� failure ta Pa�lQw prQper gracadurea in the adoptfvn v� the� w��sz�sh�d management plan amandment relat�nq to the Lock� lake Capitdl Impravement Projectf �ailure ta �ddress comments submitted into the pubiic hearing record by the Metropoli�an Counoii and the Minnesota Department af Natt�re�l Re�aurae�; and fa��ure ta determ�ne �ri equitable method of �und�ng af th� Lo�ke Lrxk� Capi��i �mpravement P�ra j ect ; r�ryd WHEREAS, Frie��ey intervened as m�Arty ta the appealf and WHEREA&� tha pertiaa ha�ve �ean invalved in litigatian an thi� mat�er Bince Au�u�t i�, Y��t �nd WH�&�Afi, tha parti�� gr�a it ia now in their mutual b�gt in�eres�s ta eettle the litiqation reqarding thia pro�ea�. arid appeal pending in ltamsey County Di�triot court, Ffie No. cg-43- &419 f tzrid NOW, THEREFORE, i� is aqread between the pa��ies� 1. In coneideratian for the pt�Yrments, perfpx'm�tnce �nd pramises sgt for�h be,].ow, Rams�ey Caunty shaYl dit�misa with pr�jnd�ee �h� �ppe�►1 oP the RGWD'e Ju1p �.4, 1993 �'indinga ot Faot, conciusions and orAer pending in T�a�m�ey caunty pistri�ct Court, File Na. C�-93-9419. Ail parties wil]. execute a stipulatian af Diami�eal with Prejudiae in the fo�n attaoh�d ae Exhibit A. 2- A�.�. p�.�tie� t�gree th�t, excegt as provided in this Agree�men�, the i,a�ke Lak� rmprovement Pro�eat shail be implemented an �ha eama �erm� and conditfans contained in �he R�wO�g �u1y �4, �.�93 Fl.nding� o� Faat, canciu�ions and arder. The RCWp �nd k'r�d2ey will uge �heir be�r ��ort� ta award contracts tor th� praja�t by tht3 ia�.� o� 1SiS16. 3. ]Cn partial oanaidceration af Remgey cauntiy agreeinq ta diBmiss fts appeal end the RCWD �greeS.ng to pr[�ceed with tha pra j ect set garth in ite Ju�y 14 , 1993 Findirtg� af k'etCt, 10.04 E12b559�45 P•1ju TEL t••10.h125999845 D�c 01,95 10�29 P.03 Conclus�.ans and Oraer, Fri.diey shail G�ntri.bu�s the a►mount af $54,000.00 to reduce the cost to be dllocated ta Ramgey CoUrity es outlin�d in paraqraph ib of the RCWD�s July ].4, �993 Coaclusiona� and order. �'ridley shall pay the $5,4,000.00 to RCWD an ar betore the date vn whiah Ramsey County submit� i.ts payment to th� RCWD for Ramsey County'a ahare of the prvjec� cogt as outlined in �his Agreement. 4. In partial aon��deratian a� Ramsey Coutity a�gre�inq to di�miss i�g t�ppeal dnd the IrCWD agreeinq tp praceed with the praject se� farth itt �ts July 14, ].993 Findinqs af Faot, conaivaiong and Order, Fridley ghall contribut� labor and materidls to rr�raave materia�l fram Laake Lake, iri accordance with the pidns and gpaai�iaations far the Looke La�ke Improveme�nt Prajeat, in the amaunt of at least $S2,OOO.00 ta reduae tihe approximate aost to be a�located to x�msey caunty as outl�.nad in paragraph 14 af �he RCWD'� July 14, 1.993 Conalug�ona and Order. The Yalus of the la�bar and materia�s provided by Fridley sha�� be medsured by �pplying the same unit cost� ag those cont�ained in th� successfui b�dder's aoritaraat far the Lacka Lake Impraveme�nt Project. For sxemple, in the event that the suco��sful bidder �or the sediment r�moval portion aP the Locke L�ke Improvement Project indicates in its bid that it will charge $1.00 per CUb�G �oot ta xemove sediment �rom I,ocke Lake, Fridley wili aqree ta remove at la�st lifty-two thousand (52,OOOj cub�c fest of scedi:ment ($�a2,�0� divided by $1.00 per cuhic faot) . Fridley may da�enaine where this matwxial will be xemoved �ram Lacke Lake, provided t.hat the removal 1s consiatent with the plens and gpeo�.Picntians �a�r tne r�ocKe Laxe improvem�ent praject, and ie appravad by the RCWD Engine�r. Fridley ahall �].so hatre �he xigh� �.o re�eil or atherwise reuse the materit�� it remaves from tha grajeat eite. 5. As a result oP Fridxey's contribu�ion� a� out�lined in p�ragraphs 3 and 4 �►bov�, Ramse� County sha�ll aontribu�a $2$Zi734.U0 t�s its �hare o� the cast a� the Locke �k� Improvement Pro�e�ct contained in the 12CWD•� Ju]�y 14, 1993 Findingg ot Fact, �ono�uaforsa �xnd O�dor. Th�.g amount w�� abta�ined by reducinq R�meey County'� arig�nal aagt allocatian �� $388,734.Od out��.ried in paragraph 10 af the RCWD�s� Ju�y 14, 1993 Canclu��.ons and Order, by the monetary and �abor and mAte�ria7. contrfbutians from Fridley ($�4,000.ao �nd $52,ob0.QO). 6. Fridley agreea to pravide a� it� cas� any mnintenance requirad �ar the nc�n-sediment basin portiort of the I.ocke Lak� Impx'oV�m�n� Proj�Ct i2'� accorde�ilCe With the Jo�nt PowerB Agreemetit between RCwD end Fridley, A oopy of which is attached ae� Exhibit 8. Nothing in thi� Aqreement alterg the RCWD�� re�pane�bility �a mt�intein the sedfinent bae�in partion �f th�a Y.ocke Lake Improvement Pra j ect �as� provided in the Joint Fowers Agreement, a cc+py of which �s �►ttached a�s �xhibit B. Ramsey County may ent'oXr�e the Joint Pawere Agreement �B a valid thira-►pa�r�y neneYiciary gu�e;uniil. 1.v this Agre�menc. 2 10.05 6126999845 Mju TEL N0.�126999845 Dec 01,95 10�30 P.04 7. Ra��ey county, FriQ2ey and the Rcw� mu�ually, tully end forever re�ease and di�oharge eaah ather, eaah party'8 BucceBSar� and asaigrts, fram �all claim� and causes of ac�ion, past, pre�ent or �uture, anfl c9emanae f�r dam�►qes, arising �ram �he� Locke Lak� ImpravemenG �ra�eCt arc�er�d by the �t�WU �in i�g July �4, 1��3 FinQings v� �'act, Conc�usions and Order, specifically including all Clafms� s�et �arth in kam$ey County�s Notic� o� Appae►1 from the RG"WD's �uly 14, 1993 Findings af Fact, Conclusians and Order, and in�ludfng, but nat 13.mited ta, al�ims far breacsh af wrif�en e�z ox�� aontraat, statuto�ry vioit�tic�r��, ��r,it�l o� du� �r�c�,��r �r �tri�r federal, state, ar �acal 1aws�, pramigsary egtoppel, ne�gliq�nce and any ather cl�►ima. 8. Nothing in this Agr��ment i� fnt�tt�ed ta be an admission of ].iabfiity b� �rr� c�f �ha pa�rtie�a �hat it hx�e 'v�olat�d �ny e�4eot4u4�� s:ul�� ].u�:a� v�.alivaiiues� Ytiiii„�fyXa vt is�:rti�lltiCi�i 1laW� �1 lYaa ariqage�d irt ax�y� Wrertqdeitig. � 9. The parties fuz�ther deciare and represent that no promiee, inducement or aareement other than as expressed in this Aqrre�m�n� hae b�en made to �►ny party and thet this Aqreement oont�in� �he en�i�� ►gxeement between the parties reqardinq the Locka Lake zmpravemen� �roject ord�r�d by �ne �tcwn in ita Jaly 14, �.993 Finding� �f F$at, Conalusions and Order and that th� telm� og the Aqreement are cantractual and not a mere recitA].. zo. Z'h� partiee deciare 2�een comp�etely read end are aCCepted far t�is purpase oi �d jus�me�� and settXeia�nt o� ImproVerilerit Px'o j ec� end that to df�oussg �his� ma�ter fu].].y attarnsys. that th� ternaa. of this Agr�ement have fully underetood r�nd are vo�untarily. making a ful l a�nd f inal aomprami.ge, all clai�s related to the Lo�ke I,�k� ail parties have had the opgartunity a�d ta �he�r aa��s�action with �heir �.1. Thi� Aqre�mant supara�de� a�li priar agre�emar�ts ar�d under��andi.nqs between the parties �relating to th� i.��k� LErk+� Improve�merit Projec� and. �t may not be aha»ged or tei^minated arall,y. Na modif�.cation, termination ar attempt�d waivar of any of the prauf�siaris� af thic rigra�amant ahall ba valid unl�s� in writing signed by ali parties. lz. Thi� Ag��em�►nt and an� Euhibito may ba aignad k�* tha p�brtt�a in ca�unte��.-part. 13. The tralidity, anfora�ability, oonatruct�.on and in��rpxeta�ti�n of this Aqreemant shall be govern�d by �he ].awg of the� S�at� oE Minneeatia. � 10.06 Mju 6126999845 TEL td0.E126999845 Dec 01,95 10�31 P.05 lFa�uaay Cov��y By It� Ch�tir, Gounty So�rd af CoYamiaQio�►ers And By �te Chief Clerk �,pprvvaa aa ba Form Ramsey Caunty Attarnay Sy Aaa�atant Caunt�r A��orn4� STA�� OF MINNESQTA ) �BS.= G`a►UN�X l7F RAMBEY ) The abvve dacuntent was �ubecribed and swo�tt ta before me th�s day of , �.995, by . and , the Ght��.r end Chief Clerk o� the Ramsey county Bo��.^d af Commiasianers, on behalf af the County of Rameay. n � 10.07 6126�99845 Mju TEL PJ0.6126999�45 Dec 01,95 1Q=31 P.06 City ot Fridley �y Itg Maya� And B�r Y�a Ci,�y Manager ETATE dF MINNS84TA) )SS-t COUNTY QF �ANOKA j The� above document was subacribad and s�war» ta befcre me this day of , �995, by r and ,�he Mayo� and city Manager o� the Cit� of F�ridl�y, n municigal aarpor�tian, oh behalf of the City �i Fridl�y. 5 10.08 Mju 6126999845 TEL N0.6126999845 RiC� Cxeek iPntershed Diatrfat By Preaid�nt af the Rfoe Cz�aek waterghed Distriot Baard of Manegerg STATE QF MINNESOTAj }ss.: COUNTY GF ��) Dec 01,95 10=32 P.07 The �Dov� documen� was subecribed and sworn to bsPar� me this C�ay at , 1995, by ,. President of the Rice Creek Watershed Distrivt Bo�rd of Managers� on taehalf of the Rice creek wa�ershed Distriat. d 10.09 Mju. TEL hd0.F12E9��45 Der 01,95 10��2 P.O� JOINT POWERS AGREEMENT BETWEEN THE RICE CREEK WA',�ERSHED DISTRICT AND THE CITY OF FitIDLEX This a�oin� Fowers Aqreement is made , 1995 between the Ria� Gree�k Water�hed Di.gtr�ct (RCWb) and the Cfty of Fridley ( t�rid].ay) . WHEREAS, Fridl.ey and the RCWD are qovernman�al units as defined fn Milrtn��att� statutes seation 471.59 (1) (1994) ; And W'�IEREAB, purauent to Minnesota 8tatutes seation 471.��(i) (1994) Fridley a.nd the RCWD have the authority to jc�in�ly or cooperatively �xarcis�e any pawer COl�illl�ri to the partfe�e; and wHEREAS, pure�uant to rllnneaata statuCes �9�zxcn 4�il.�v�iu� (19�4j �he qovern�nq bQdies of Fridley and the RCWD may ent�r inta agreementa wi�h each ather to pexform an behalf of th� other any service or functfon which th+� governmenta�. unit providing the �erv�.ce or fun�tion i� autiharizad ta provida for itse�.�; and wHEREAB, Fridley end the RGWQ dee�ire ko �nter into such a join� exerai�� af powers aqreement; and WY.EREAS � th� RCWD on Suly 14 � 19�3 i�csued Findinqa af Fae�, Gortclusior►a dnd Ordar �� impl�n�an� tMe Le�cke Laka Impz�ovwmont Projec� upcn certr�irt aanditions se� farth in th� Canalusions and Oxder; and wHEREAS, an Auqu�t �3, 1993 Ramsey County app�aled in Rtimaey Caunty District court the RCW'D�s+ �uly 14, 1993 FfnditsqB of �aat, Conclu�iona and Ord�ri end wx��AS, Fr�diay interven�c� as a party ta the a►ppeai; and WHEREAS, the parties to th� appeal have settled th� litig$�ian regardinq this project and �cubs��quent agpeal as set foxt� in �he Settleme�t Agreemen� and R�lea�� and WHE�tEAS, as part of the settZement af the litigatian, Fridley haa agreed ta be respon�ible for maintenance o� the non-sedimen� basin porti�an of the Locke La�ke zmprov�men� Proj�at. NOW, THEREFORE, it �.s� aqrQ�d betwe�e�n the �artie� s 1. Fridiey, during �h� iife o� the Lacka I.ake Impravement Froject, shall asauma the respcnsibility �o p�rfox-m and pay nny t 4 laain�en�►nce of the non-sedimant b�sin portion of the Lo�k� Lake Improvement Pz�o�ect ordered puX�uant to the RCWd�s July 14, 1993 10.10 Mju 6126959845 TEL hd� . 51259y9�45 Dec 01,95 7�55 P.10 Findings of Fact, Canclus�ion� and Order. F4r purpose� af thi� paragraph, th� terra non-sadiment ba�ain ,�ha].� be de�fined as ths portion af the Locke Lake Improvement Projeot that does not �.21Clude ��e in--lake ba�in areated by overexae�v�ting a portion o� the► na�theast ha�.f of tha b�sin a�g de�axibed in Find�.ttgs o! Faat paragraph� thirty through thirty-faur, a£ the RCWD�s July 14, 1993 Fittdings af Fact, Conclusions and Order, a aapy of which i� ntt�ched as Exhfbit �. 2. Nothinq in thie agr�ementi altar� the RCWD'� reaponsi.b�litiy to maintain �he sediment bagin portian aP the Locke Lak� improvement projeot ardered pursuant to tho RCWp�s July 14, 1993 F�.ndings� of Faat, Ganalugions and 4rder. For purpagea a! this p�ragraph, the term eediment basin �hall be defin�d•ag th� in-l�tke basin oreated by ovar�xoevatinq a portian a� th� northeas� ha�lf ot �h� baein e��s describod in Findinqe of F�at paragraphe� thirty throuqh thirty-four, of the� RCWb's July 14, 1999 Findinq� of Fact, GoriClLis�.ons and 4rdsr, a capy of which is attaahed as Exhibit 1. CITY �F �'RZpLEY By - �tXCE CREEK WATERBHED OISTRICT By ..� It� President o� the Riae Creek watershed Dietrict Soard oP M�►nagar� BTATE OF M�NNESOTA) �ss.. COUNTY OF ANOICA j The above document wa�s aubsoribed and e��arn tia ba�or� me thie day of , 1995, by � af the C�ty of Fridley, on behalf of the City o� Fridley. STA�`fi a� IdINN$SOTA) )SS.: COUNTY OF _ _.) The above docu�nent wa►s aubacribed day of � , 1995, president of the Rice Creek Watersshed on behalf of the Rice Creel� Watershed � 10.11 and awartt to befare me th�Ls by , D�et�ic� Board of Man�gers, Di�xtr�.at. 61269�9845 Mju TEL N0.6126999845 Dec 01,95 10�34 P.10 Rice creek w�ter�had �i�trivt By Fresident a� the Rice creek watierehad aistriat �a�rd at Men�qers STATE OF MINNEBa�A� j�$.i C�UNTY OF ,�j The above aocum�nt was �ub�crib�fl end e�warn to be�4re me this dAy of , ��95, by Prea�c�ent of the Rice creek Water�hed aistriot Boa►r� of Manag�rs, an behalf r�� the Rice Cr�ek Wa��rah�d Di�ttriCt. 3 10.12 Mju 6126999845 TEL N0.6126999845 gTATE OF MINNESOTA COUNTY OF RAMSEY IN THE MATTER OF PROI'USED I�OCICE L+AK� �ROJEC'� FRIDLEY, MINNES�TA Dec 01,95 10�34 P.11 DI�TRICT COURT SECOND �UDiCIAL DISTRICT GASE TYPE3 aT�IER CxVxL COURT FILE NO. C9-93-9419 8'�'xpQLi1TIO�i OS DIeI[Ie8�1L 1��H PADISppICH Th.� abovo�antitl4d ��tior�, h�vistig b�an fully rcmpromiaad �rtd gettled, IT TS STTPULATED AND AGRSED by the parties through their r�sF�ctiv� �aun�e�l tha� the above-entitled aation ia dismi�sed �rith prejudfae �nd on the merf�a, withcut costa to any of the parties. iT iS FURTHSR STSgtTLAT$D AND AGRESD �ha� any o� the part�.es, without natioe ta the othere, may aause judgment o� di.emiesal w�.th prejudice and an th� me�it� to be ��C�►r�d ih thig matti�r. Dated: 10.13 SMI7`H, GENDL�R, SITY�LL, SHL�'F & FORD, P.A. Sy H�►rold H. ShOff #100018 Mi�helle J. Ulrich #111673 3350 Firat Bank Place 60]. Seo4nQ Avenue south MinnempoXlB, MtQ bS4�� i2� 3sa-ioao A��orn�Y� Lvr Ri�a Gre�k W�terslted p�striot b126559845 Mju TEL fd0.6126999845 Dec 01,95 10�35 P.12 pated: patad: SU�AN GAERTN�R �SEY COUNTY ATTORN�Y Hy- - --- St�pheri P. McLauqhlin �255002 Speaial Astrf�tant County At�orney 560 Gavernmen� Canter Wegt 50 West Kellagg Bauiavard sbin� paui, Mx 551a2 ��ia) a��-3054 Attorney for County af Rt�m�ey SAR�TA� GUZY & STEFFEN, LTD. By SCOtt M. Lepak �184��3 40p Narthtowri Pla�z�► 20o Cc�arl Rapids �ou��vard Minneapaiia, i�ll�i 55433�5894 {612) 780-8500 ACtorney� tor Ci�y of Frid�ey QRD�R Par6uc�r,b �a the faragoinq Etipulatian, tha ��OVO�"Q17��il+at� �atiori ie dismissed with prejudic�e, withaut costs to nny party, and judgui�»t shnll be entered ��ca�dingly. Datad: E 10.14 BY �HE COU�tT : �ud�}R nf n! �at r i at C�urt MEMORANDUM S Municipai Center _ 6431 University Ave�ue Northeast Fridley, Minnesota 55432 CI7YOF �6� 2� 572-3507 FRIDLEY FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager Memo to: William W. Burns, City Manager �/ ��From: William C. Hnnt, Assistant to the City Manager � Subjec� Dat� Compensation Adjustments December 7, 1995 In order to prepare the final figures for the Personal Services portion of the 1996 budget it will be necessary for the City Council to approve a resolution adjusting salaries, benefits, and other forms of compensation for 1996. � I recommend the following for employees who are not members of a bargaining unit. _ 1. � A general increase of 2.0 percent in salaries. An increase of 2.0 percent in automobile allowances, where applicable. 3. A one cent increase in the mileage reimbursement rate from $0.29 per mile . to $0.30 per mile (the current federal Internal Revenue Service rate) for employees who use their own velucles for City business. 4. Supplemental Holiday Pay for Sergeants equivalent to one-half of their regular rate of pay for work on City designated holidays. These recommendations have been incorporated into the attached resolution. I request that you present this resolution to the Fridley City Council for acrion at their meeting of December 11, 1995. WCH/jb RESOLUTION NO. - 1995 A RESOLUTION AUTHORIZING AN INCREAS F TN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FUtt THE 1996 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City Employees witlun budgetary constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity Act; and WHEREAS, the City Council and City Staff have reviewed the City's financial position as well as economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is wananted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments be authorized for employees of the City of Fridley, with the exception of employees who are members of a bargaining unit, effective January 1, 1996: 1. A general increase of 2.0 percent in employee salaries. 2. An increase of 2.0 percent in automobile allowances, where applicable. 3. Mileage reimbursement at the rate of $0.30 per mile. 4. Supplemental Holiday Pay for Sergeants equivalent to one-half of their regular rate of pay for work on City designated holidays. PASSED AND ADOP'TED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CIT'Y CLERK 11.02 (�� I �. � s.. CITY QF FRiDLEY GAS SERVICES As U Neeci It Plbg & Htg 10610 South Shore Dr Plymouth MN 55441 C& H Heating & Air Cond Inc 16730 242 Avenue Big Iake MN 55309-9743 Contract Services Inc 11915 Highland Rd Elk River MN 55330 1 st Choice Plbg & Htg Inc 29948 Hwy 47 Isanti MN 55040 �f ��riT�� Ronald Rath Charlene Ribaudo Howard Dunham Randy Gifford Midwest Fireplace Co 5205 N Hwy 169 Plymouth MN 55442 Kevin Murphy GENERAL CONTRACTOR- OMMER IAL American Liberty Construction Inc 279 N Medina St PO Box 383 Loretto MN 55357 Howazd Jacobson Gorski & Olson Construction Inc 527 Marquette Ave #2300 Minneapolis MN 55402 Bob Olson Ives Enterprises Inc 1333 Osborne Rd Minneapolis MN 55432 Ives Boisvert GENERAL CONTRACTOR - RESIDENTIAL Blomquist Mitch Contr (20047345) 9701 Austin St Circle Pines MN 55014 Mitchell Blomquist 14.01 RON JULKOWSKI Chief Bldg Ofcl Same Same Same Same RON JULKOWSKI Chief Bldg Ofcl Same Same STATE OF MINN Century Roofing 8i Construction (20034174) 6336 Lyndale Ave S Richfield MN 55423 Dave Yantes Midwest Fireplace Co (2359) 5205 N Hwy 169 Plymouth MN 55442 Kevin Murphy Schoenborn Construction (20032072) 5107 Drew Ave N Brooklyn Center MN 55429-3333 Everett Schoenborn Sirodak Lauren Roofing (2734) 8465 110 St S Cottage Grove MN 55016 Lauren Sirotiak HEATING As U Need It Plbg & Htg 10610 South Shore Dr Plymouth MN 55441 Ronald Rath Air Condidoning Associates Inc • 689 Pierce Butler Rte St Paul MN 55104 John Matthews C& H Heating & Air Cond Inc 16730 242 Avenue Big Lake MN 55309-9743 Charlene Ribaudo Contract Services Inc 11915 Highland Rd Elk River MN 55330 Howard Dunham lst Choice Plbg & Htg Inc 29948 Hwy 47 Isanti MN 55040 Randy Gifford MOVERS Semple Building Movers Inc 1045 Jessie St St Paul MN 55101 Denice Semple 14.02 Same Same Same Same RON JULKOWSKI Chief Bldg Ofcl Same Same Same Same STATE OF MINN PLUIVIBING As U Need It Plbg & Htg 10610 South Shore Dr Plymouth MN 55441 Jobco Plumbing 5225 Arrowood Ln Plymouth MN 55442 Ronald Rath Jim O'Brien 14.03 STATE OF MINN Same CITY OF FR,IDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. F�idley, Minnesota 55432 December 11, 1995 Honorable Mayor and City Council City of Fxidley c/o William W. Burns, City Manager 6�431 University Avenue N.E. Fridley, MN 55432 Council Members: C ' �1i s _ � � _ _ � �� _ s. We hereby subnut the Iinal Estimate for Washington Street Watermain Repair Project No. 272, for Penn Contracting, InG, 1697 Peltier Lake ' Drive, Centerville MN 55058. We have viewed the work under contract for the construction of Washington Street Watermain R,epair Project No. 272 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on December 8, 1995. Respectfully submitted, + f. ,i �.. �� ohn G. Flora Director of Public Works JT:cz Prepared Checked 15.02 CfIY OF FRIDLEY Penn Contracting, Inc. 1697 Peltier Lake Drive Centerville, MN 55058 ESTIMATES DECEMBER 11, 1995 Washington Street Watermain Repair Project No. 272 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,136.95 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of October, 1995 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55435-5489 . . . . . . . . . . . . . . . . $ 14,137.50 Services Rendered as City Attorney for the Months of October/November, 1995 . . . . . . . . . . . . . . $ 7,727.36 December 11, 1995 City of Fridley WASHINGTON STR,EET WATER.MAIN REPAIR PROJECT NO. 272 . . . � ' � *- ►. * �--'- _ � This is to certify that Penn Contracting, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. PENN CONTftACTING, INC. VVesley Crawf d, 'eci Superintendent 15.03 December 11, 1995 City of �idley WASHINGTON STREET WATERMAIN REPAIR, PROJECT NO. 272 ;_ *__ � �� '_ �. This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $41,970.00 and the �nal payment of �6,136.95 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. PENN CONTRACTING, INC. Wesley Cra rd, o'ect Superintendent 15.04 December 11, 1995 To: Public Works Director City of �idley �_'�� * 1�_' h� �� M1 �_ � �_ � *__ :��\ � \ _ _y� � 4 � U 4 \ � ' * � . . � � � � We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specif'ications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being December 8, 1995. Jon ompso , Construction Inspector Wesley Cra rd, ject Superintendent 15.05 I FROM: City of Fridley Engineering Division �.i i t vr rniuLCY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 RE: Estimate No. 2 (FINAL) Period Ending: December 8, 1995 TO: Honorable Mayor and City Council FOR: Penn Contracting, Inc. City of Fridley 1697 Peltie� Lake Dr 6431 University Ave, NE Centerville, MN 55058 Fridley, MN 55432 JOB CODE NO. 601 -6000-415-4530-6045 Da#ed: December 11, 1995 WASHINGTON STREET WATERMAIN REPAIR PROJECT NO. 272 STATEMENT OF WORK ,:;: ;:: ..... ,.. .. ;:::;>:;;;:::. ,. : .::: :.::.:.:.::»:.::>;> .;;: ..... >::::?:::«'::::::.>::s��::::::::::>:::': :>::::::�::>:�>::.: >::::.:.;:�::::;::;.::..;::;.:::;;::::;::;:.;::.:.: .. � :.:>::::::>::;::::;:.:.....,.;>:.;:.;;;: ,;::.:.::<::::>:....... ..Quar�tit ..... .Tot�l �;;:_::: ;<:>::;:::;: >:;:.>:;:::;::;:.;:; :>::�:::>::;::::::::»::>:;;::::::::::>::>.>::;:::;:::;:::::::><::�::>>>::::>::>:.::: ::>::;;:::.;::;:::;;:::.>:;:> .<::::>:<:: Y :.:. ..::::.::::::: .....::::.::: .: .::.::.:.:::::::::::::. :::... .�:..;«:.::;::<::::»::>::::>::: :: <::::.;::>::::>; :»:::>:::::::><;::;:::»:»:;<.. :.>::>::>::::::::>::..:::>.:::::; :::.:.::... ...:::::::::.:::. ..: ::::: ; ::;:>:::>::.:::.:::;<:::;»<::;:.>::;:;:::»>:::;;>;:;::;.;.:.::<;::::;: ::;:::::»>:<::::::::>:::>;:::::: ::>: .. .. . ......: ..:::.::.:::.:.>: �.::.::.;:.:.: .;:: .>.::;.;:�: ;:::: ::»:::<:::::::><:::::::::<:::::::>: ;>;:>:;:<:; , :...;�;::::,: .::;>;.�:: .. . :.:.:::::: .::..... > >::>;::;:::<:::::>::>::>::>:. ;:<:>::>::>::;:.:� :::;:::::»::;.:;-:�::,::::;:»>:<:;.: ;:>;;;> .:;�stimated:::::::::<�»?<:::»:� ni: .::.::::: .:. .... .;; ... ..... ......................................:..._.. ...... .. ... . . .... ......... U t......:::-� .:;:.;;:.;:.:<.;:.;::::.;:.::.:. .:::;....�'h.is..::..:::.:. .:.;;;;:.;Tt�rs�::::::<:::::;:::;.>:>:;>7>otal:. . . .. :::::::TotaC..�:::.:�: :.;:.;;:.;:.;::;.::.;: ::>:::<::�:»:<:>;::. >:;.;;:.:::::.;:.:;,:.:.;: ; ; .......... <::>::::::«:»::>::>�:::::<: . <:>:: <:::>::>=::::<::; ::.:� :::: . .::: :::.;::::.::.;::::::;;: >;:::<; ::;. ::»::: . .... ... ..�UIr[TRAC >:;�:>::>::>::::>::>: � :;..;:.:;:<:: ;�: � ��<>:;�:.::.;�;:<.::;.;.:::;;.::;,:;:.::. .::..::::::::... :..;�::;;:.;:::: <: � . :::::::..::.;:.; <::::>:::;:<>:::::»>:.>;::;� T.�TEM... �>_:::::::>:�;::::::>:::::: ... .Wanti ::::::>:::::::::::::: .:ri�� <>:::>:: � �� . .. ......:.. ......:...:............._ ._....................:.: :.:::Q............. :..: :.,::.�:.:P._ ...:::.:::�:-;:::.:::..i�nif.:.,::.::;E�f:im.a.fe.::: : Esfrmate;.::::;:�2uantit :.::,.::;�::Arn:ount.:.:>::: Insta116-in. DIP Watermain (Class 52) 420.00 45.00 LF 0.00 0.00 420.00 18,900.00 Polyethyfene Encased Remove F�cisting 6-in. Watermain 420.00 3.00 Lf 0.00 0.00 420.00 1,260.00 , Reconnect House Services 11.00 340.00 Each 0.00 0.00 11.00 3,740.00 Install 6-in. Gate Valve with Box 2.00 400.00 Each 0.00 0.00 2.00 500.00 Remove & Replace Concrete Curb 420.00 24.00 LF 0.00 0.00 391.00 9,384.00 8� Gutter (B-6-18) �d 300.00 2.50 SY 0.00 0.00 Topsoil Borrow 60.00 10.00 CY 0.00 0.00 Traffic Control 1.00 1,500.00 LS 0.00 0.00 1.00 1,500.00 Install 6 in. x 6 in. x 6 in. Tee 1.00 160.00 Each 1.00 160.00 2.00 320.00 Furnish and lnstall Hydran# with 1.00 1,975.00 Each 1.00 1,975.00 2.00 3,950.00 Gate Valve 8� Box Soil Correction (Change Order #1) 1.00 4,251.00 LS 1.00 2,116.00 1.00 2,116.00 fOTAL THIS ESTIMATE 15.06 $4, 251.00 TOTAL AMOUNT $41,970.00 Penn Contracting, Inc. Estimate No. 2 (FIIJAL) SUMMARY: Originai Contract Amount Contract additions C.O.# 1 Contract deductions — Revised contract amount Value Completed To Date Amount Retained (0°�) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR $39,765.00 4,251.00 44,016.00 41,970.00 0.00 35,833.05 s6,136.95 I hereby certify that the work pertormed and the materials suppl'ied to date under the terms of the contract for this project, and all authorized changes thereto, have an actual value under the contwact of the amounts shown on this estimate (and the final quantities on the final estimate are correct), and that this estimate is just and correct and no part of the "Amoutit Due This Estimate" has been received. BY � 1 �(�. '�-�.J�' Contractor's Auth 'zed presentative (Title) GERTIFICATE OF THE ENGINEER I hereby certify that 1 have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDLEY� INSPECTOR By, Checked By ' 12,-�� 15.07 Date: � 2 '� � — � Respectfutty submitted, Flora, PE of Publ'�c Wotics Page 2 �- CITY OF FRIDLEY MEMORANDUM TO: WII.LIAM W. BURNS, CITY MANAGER k'ROM[: RICHARD D. PRIBYL, FINANCE DIRECTOR . WILLIAM A. CHAMPA, CIT'Y CLERK SUBJECT: PUBLIC HEARING FOR GOURMET VII.LAGE, INC. ON-SALE BEER LICENSE DATE: DECEMBER 6, 1995 On the December 11 City Council agenda is a public hearing io consider the approval of an on-sale beer lieense for Gourmet Village, Inc., located at 7890 University Avenue Northeast. A Public Hearing IeTotice is attached for your review. Chapter 602 of the City Code requires that a public heari.ng be held. This application has been approved by Dave Sallman, Public Safety Director. 1fi.01 CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on December il, 1995 at 7:30 p.m. on the question of issuing an On-Sale Beer License to Gourmet Village, Inc. for the property located at 7890 University Avenue Northeast. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than December 8, 1995. Anyone having an interest in this matter should make their interest known at this public hearing. William A. Champa City Clerk Publish: December 7, 1995 16.02 � cmr oF �o�v 6431 UNIVERSITY AVENUE NORTNEAST FfiIOLEY. MN 554.32 - (61 �5713450 Receipt # �� License # Public Heari�g �ate � APPLICATION FOR AN ON AND OFF-SALE BEER/ �y �_:�� ;,� NONINTOXICATING MALT LIQUOR LICENSE i �o TO THE CITY COUNCIL OF FRIOLEY, MINNESOTA: The undersigned hereby makes application for an on end off-sale beer/�obcetine malt liquor license In accordance wNh Cfiapter 602 ot tt�e City Code of Fridley. . {Definition: Anv malt liquor with an aicoholic content of more than one-half of one perce�E (.5%) bv volume and not more than 3.2 percent (3.2°�1 � weiqht. � - Fee: $ 60.00 $325:00 $ 90.00 $180.00 Off-Sale Beer pane: - November 1 , ' 1995 On-Sale Beer (Includes Off-Sale) � - Investigation Fee, Individual r,,�,�r� x� «�. Investigation Fee, Corporation, Partnership, etc. Expires: April 30, 19 96 TO THE C17Y COUNCII OF FAI�IEY, MINNESOTA: The undersigned hereby makes appl'ication for an on end off-sale nonintoidcating mdt 1'puor (beer) license in atxordance wifh Chapter 603 of the City Code of Fridley. PART I - GENERAL INFORMATON Nama of apptica�t: GniirmPt Vi 1 1 agg, Tnc � (Name of i�dividual, partnership, corporation or association.j Business name: (;c>>trmc�t Vi 1 1 agP Businessaddress: 7H9O University Ave NE: ; Fridley, MN 55432 Business pho�e number: _( h 1 i� 5 7 2- 2 5 6 7 Type of Applicant: Nalural Person ({�dividuaf) Type of license applicant seeks: 9/91 � Q� p o r a t i o n corporation Pertriership Associatio� or other 0 n- S a 1 e onsale pnciudes offsate) OffSale Temporary OoSde 16.03 � !f appiicant is a natural person (individual) state fuil name residence and business addresses and telephone numbers Full name: Residence address: Phone number: Business address: Business phone number. � (PART VI -- PERSONA� lNFORMAitON FORM MUST BE COMPLETED BY INDlVIOUAL.) The full name, residence address and telephone number of the agent in charge of individual owner's premises at such lime as the owner is absent. Full narne: Reside�ce address: � Phone number: (PART VI -- PERSONAL INFORMATION FORM MUST BE COMPLETED AGENT.) PART III - PARTNERSHIP If the applicant is a partnership state full names residences and business addresses and telephone numbers Ful! name: Residence address Phona number: Full name: Resid�nce address: Phone number: ��!! na�i=: Residance addrsss: Phone number. Full name: Residence add�ess Phona number: (PART VI -- PERSOf�lAL INFORMATION FORM MUST BE COMPLETED BY EACH PARTNER.) Th� manager v�ill be: Name: Address: Phone �umber: (PART VI -- PERSONAL INFORMATION FORM MUST BE COMPI.ETED BY MANAGER.) 1s.�o4 If the appiicant is a corporation or association qive the name of co�poration or association, FridleY address and phone number, and home office address and phone number. Name of corpo�ation: G O U,i' tii e t— V�11-a-sg-, �^ � Fridley address: 7$ 9 0 U n i v i� A v e �1 E; F r i r� 1 P�,_ M�j 5�5 L. '� � Phone number: ( 612 ) S 7 2- 2 S 6 7 Home office address Phone �umber: The full names, residence addresses and telephone numbers of all officers of said corporation or associaGo�. President: B8C Vien TruonQ r��d�,c add��s: 956 Jefferson Ave; St Paul, MN 55102 Phone number: __( h 1� 2 2 4— 5 2 S�+ Vice President: Resident address: ' Phone number. Secretary: Resident addresx Phone number. Treasurer. Resident address: Phone �umber. (PART VI -- PERSONAL INFORMATION FORM MUST BE COMPLETED BY EACH OFFICER.) The manag2r will be: Nam�: B3C Vien Truong aaa�e5s: 956 Jefferson Ave; St Paul, MN 55102 Phone number: _( h 12 ) 2 2 4— 5 7 S 4 (PART VI -- PERSONAL INFORMATION FORM MUST BE COMPLETED BY MANAGER.) PART V - CLUB If the applicant is a club, stafe name of club: Date ihat club was first incorporated: Address of club: Phone number: The full names, positions, residence address and phone �umbers of all oifice�s, executive committee members and membe�s ot board of directors: Full name: Residence address: 16.�J5 ' Position: - Fuli name: Residence address: Position: Full name: Residence address: Position: Full name: Residence address: Position: Full narne: Residence address: Positio�: Fuli name: Residence address: Position: Fuil narne: Residence address: Phone number: Phone number: Phone number: Pho�e numbe�: Phone �umber: Phone number: Pos�tion. Phone �umber: (PART VI -- PERSONAL INFORMATlON FORM MUST BE COMPLETED BY EACH OFFICER.) The ful! names, residence addresses and telephone number of the manager, or any other indiyidual with managament responsibiliti=s �or the club's premises to be licensed. � �u':1 nw�•a: Rasidence address: Position: Phone number. (PART VI -- PERSONAL INFORMATION FORM MUST BE COMPLETED BY fvtANAGER.) ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS MAY RESULT IN DENIAL OF THE APPLICATION. .t � Subscribed and sworn to betore me a Notary Public nd on this day of , 9 otary Pubiic) yt N'�� $ , Sl!?iihtlE l. � :':OLA Commission expires o� ��__'j ��Q NCTAkYFUyL{G?,1�NhECr��.1 RAMSEY CO•.1Ni't �1y Comm�ssron Expires Jan. 31, 2000 � ,.�nnnw x 1 �.os PLEASE NOTE: Section 11.11: The penaity for late payment of di licenses and permit tees es shown in Section 11.10 oi tfie City Code shali be 25°k of the amount of the fee if received trom 1 to 7 days late. If the paymeM is received more than 7 days after it is due, ihe panalty shall be 50%,of the fee. If payment is not �eceived 30 days efter the due date the buslness MUST d'isconti�ue operation. FOR CITY USE ONLY: , ` � � ' ,,- 1 -- ;'� %" : , . <._ _� PUBUC SAFETY OIRECTOR By�� ` �/ penied• Approved• %� Oate: %�^ Z C_ (� CITYCOUNClL- Approved: Oenied: Date: 9/t , .� 16�7 a . PART VI - PERSONAL 1NFORMATION �PART VI - PERSONAL lNFORMATION -- MUST 8E COMPLETED BY EACH PARTNER OFFICER ETC ) Nar„e of applicant B a V i e n T r u o n Q Residence add��s: 956 Jefferson Ave; St Paul. MN 55102 Phone number: ( 612 ) 224-5254 U.S. Citizen: Yes X No If naturaJized, date and place: j/ 1(/ H S; M i n n e a p o 1 i s. M i n n Oriver's license number. T— fi 5 �— n f; l— Fi 4 7— 8 9 G Date of 6irth: 1 1� 2 3� 6 3 Last place of employment: F1St1eT'—ROSeID011rit S stems , Inc ;�u000�P��ela�� re�3� . List your residence address for the past 5 years. 956 Jefferson Ave. .St Paul Street Address C�ty 3950 Gramsie Court Street Address Street Addr�ss Street Address Shoreview City City City Minnesota State Minnesota State Sta,a S:s:a 55102 Zip Code 55126 Zip Code Zip Code c'ip Code Ust nvo residents of the State of Minnesota that have known you for two years, and that will vouch for your sobriety, honesty, and general good character. D u n� T r a n � S M a n 1 P T a n n� T; t t 1.�C a-� a� a�--�I1j��a Name Address Ethan Traen 3114 Joyce Court; Eagan, MN 55121 Name Address ANY FALSIFIC,QTION OF ANSWERS TO THE ABOVE �UESTIONS MAY RESULT IN DENIAL OF THE APPLICATION. Subscribed �d�worn to b=fore me a Notary Public on this day or 0(/ �� . � g otary Public) �. • Commis,ion expires on�� , ��(� �'t ) a�.c—L_-L�.! x lVV+NlNVNVW�f�� .-�-"" SUL1N�lE i.. A��,fOIA � NCTAkY FU$l{C•?:iI�IrJE"C �,i � � RA?iScY C•�t1?v'i�`! . �; 11,y Commks�cn rxrires,,.�.�. �;, t^;:� � Y WMAMAM/�J�l1!J'JV43MM�V./�^N.'4W4N % • - �• • TO: FROM: DATE: SUBJECT: En9�neering Sewer Water Parks Streets Ma�ntenance William W. Bums, City Manager �� John G. Flora, Public Works Director December 11, 1995 Stonybrook Creek Special Tax District PW95-335 To establish an ad valorem ta�c levy for the Stonybrook Creek storm water project, it is necessary for the City to pass an ordinance establishing a special tax district. This district is established in accordance with the Six Cities Watershed Management Organization Plan and Minnesota Statutes 103. It defines the area of Stonybrook Creek sub-watershed within the City of Fridley. After a public hearing on the ordinance, the City requires two readings for formal establishment of the district. Recommend the City Council conduct a public hearing to establish Chapter 221 the Stonybrook Creek storm water improvement district. � JGF:cz Attachment 17.01. �� :, . •.r, , ORDINANCE NO. AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 221 ENTITLED "STONYBROOK CREEK STORM WATER IMPROVEMENT DISTRICT" The City Council of the City of Fridley does ordain as follows: CHAPTER 221 STONYBROOK CREEK STORM WATER IMPROVEMENT DISTRICT 221.01. PLAN The Six Cities Watershed Management Organization (WMO) Plan approved in September 1988 has been adopted and implemented by the City through the establishment of the erosion control, wetland and critical area ordinances as well as the capital improvement program. The Stonybrook Creek storm water improvement project is a result of this plan. 221.02. PURPOSE The purpose of this ordinance is to establish a special tax district for a storm water improvement for properties within Fridley in the Stonybrook Creek sub-watershed. This district will allow for the levying and collection of ad valorem taxes on the properties within the District. District-wide storm water, as well as run-off from properties immediately adjacent to this project has contributed to erosion of Stonybrook Creek. 221.03. LOCATION The special tax district for Stonybrook Creek is identified in Appendix A. 221.04. COST The cities of Fridley and Spring Lake Park have recognized the continued erosion problem along Stonybrook Creek from East River Road west to the Mississippi River. As a solution to this problem, the City of Fridley has agreed to initiate repairs sharing the cost proportionately with the City of Spring Lake Park and the adjoining land owners. The City of Fridley will contribute to the cost of the project. Said payments shall be funded through the special tax district. The City of Spring Lake Park, having properties which contribute ta the storm water drainage into Stonybrook Creek, has agreed to pay the City of Fridley $50,000 for a one-time improvement project on Stonybrook Creek. The abutting residents to Stonybrook Creek, after petitioning the City to correct the erosion problem, having agreed by petition to contribute $2,000 per lot to the project. 17.02 Page 2 -- Ordinance No. 221.05. PROJECT This project is designed to correct the erosion problern by extending the culvert from East River Road west behind the £irst five properties and establishing a controlled drainage ditc�� `or the remainder of the creek's run. 221.06. ESTABLISHMENT OF SPECIAL TAX DISTRICT The properties within the Stonybrook Creek sub-watershed district are determined to contribute to the erosion problem and are therefore subject to an ad valorem tax for their contribution to the area surface water run-off. In accordance with the approved Six Cities Watershed Management Plan established through a Joint Powers Agreement and Minnesota Statutes Chapter 103, the Stonybrook Creek sub-watershed ad valorem special tax district is established for the Stonybrook Creek storm water improvement project No. 246. This ordinance shall be effective from, and after its adoption and publication as provided by City Charter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: December 11, 1995 First Reading: Second Reading: Publication: 17.03 STON�'BROOK SUB WA TERSHED DISTRICT I CITY nF FllIOLF i 7.04 APPENDIX A �. . � ) �� , � �g3r�0'�AVE:�.�M.E. . . �, .;: � , - t , . 3 ;. , :; `� . . , . ��._ �.;�:81ST•I�VE.�tv;E �. 0 r'� . �j . >. _ � . t- . N . Q u� 85TH �/ fr ��.�?� �� ,- 4 r, -i >. . �,a Subwatershed D�v�<�� f : Minor� Watershed '�e�t� �= r=-o-�-�^�- :�� Flow Direction •� "�"�" " �� t Q: - o . aoa�3�;' + � �� . . ��.. _. . . . . � Scale in Feet : :r,..` � ; �'". ' � . . � - �: � ';�„ � . Figure 10 . • . ' � SUBWATERSHED STONEY BROOK �. � � 17.05 � � � 0 W � � 6 O° _ � � � �P � � / � \ . • , ' ��'�� o �/ $r /. \ . �� \\ ° � �,P<' � ,,% '� � ��r / � co ,� �/°`� � � X e � il ��''/ _ / �.^��$ � � � � � � � • " �- v�'�� a \ / >�',��" �� ,� \ �. � � �� \ `�\ {° � . \ . . • JJo ' �1 ' / � � �i . r .- p . // \ .``\�- �� \`.. . �� o o � � . � � � . , � V�� . ��$N � m o � . . � �� . W��M� � � � j � � W y� � y� ; . . ./ ` � . d��F�� ' u � G u � /, �� \/� � i �' , n�r�� I / � ` Y�,QYL � ` F��z I �� $� v � ��e3�� /'� I � i . � \ I II � , i i , ° %�' � � I N � � �� . �/ \� � � j \� I'�I � � � � \ � � � � � �� ' � \ � / , / � J� \ ' � � a*��\ .. � i� \ / � N `'t�� • \ � i h � � � � i � , $ � � � — _ � '� — — — � . � — � �. . \ � � a�25 � � �� \ � �� . -\ � `- � �� \ � i .. . � � � �� , l" � '. \ F � � � � ��, -_�� ,,,_ ._1 � �. \ � \ \ . �'\ �~ / \ ' N . / \ <_�j /' � \ ' � � � \ � z \ �W O o � ' � . .Z � / � \ � � . T� �\ �� /i � � �� tl o. `�� 1}3ti �,� � � �� ^• � '� � � �- �- � � / \ ' ��`C�i� � .� "8� W \ � � y sy �� \ � ,l�l _ iS3s ', \ .� a � 4' n \ \ � � (p �, . �� /� J ��V � � b `�� N �� / �/ t- � 8 � � $ ii� / � � \ W / �°��\ <� ��ri� � G� � � W � i � � � �\ � �� / � �,"R� tn � / / � � � / ��` w � �� _ � W .�� ///�� i / � � � 4: ��`�. � �� / � �� `� � � / \ / a0 N$>� I`�.`b� I� / tl \ ' 3 `s / �.+1, � �/ � � � � / .i>>c,0 � 0 /''` � ; s , . � � / / / ��GO�/ � g _ . . �� /� ��<�;�'2� � / ,� / � Y �_� / � � T , �i _ � l c , . / �/ \1 ` 6 . � � \ / _ ; �\ � / /� � `\� g � ..o � / `� $3��), F \ � \ �" � ,� . ., . � - . \ V/ � < / 17.06 ' � �� STONYBROOH CREEH IMPROVEMENT PROJECT NO. 246 17.07 CITY OF FRIDLEY NOTICE OF HEARING ON STONYBROOK TAX DISTRICT STONYBROOK CREEK IMPROVEMENT PROJECT NO. 246 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the adoption of an ordinance establishing the Stonybrook Tax District. NOW, THEREFORE, NOTICE IS HEREBY GNEN THAT on the llth day of December, 1995, at 7:30 p.m. the City Council will meet at the FYidley Municipal Center Council Chambers, 6431 University Ave., NE, Fridley, MN, and will at said time and place hear all parties interested in said Tax District in whole or in part. The general nature of the Tax District is the repair and upgrade of Stonybrook Creek which services this watershed, to-wit: TAX DISTRICT Generally the area bordered by UniversityAvenue, 81st Avenue, Burlington Northern R,ailroad tracks, 79th Avenue, East River Road, Pearson Way to the Mississippi River, Osborne Way and Osborne Road. •, ' • � - All of the land abutting said Stonybrook Creek and all lands within, adjacent and abutting thereto. All of said land established by the ordinance to be ad valorem tazed for the benefits received by the Stonybrook Creek improvement. Hearing impaired persons planning to atf,end the public hearing who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than November 20, 199�. Published: FRIDLEY FOCUS: November 23, 1995 December 7, 1995 17.08 POLICE DEPARTMENT City of Fridley MEMORANDIIM Minnesota �� TO: William W. Burns �� 1 FROM: Dave Sallman 'a�� SIIBJECT: Pawn Shop Ordinance -Second Readinq DATE: December 1, 1995 � � Attached is the proposed revised Pawn Shop Ordinance (Chapter 31) which is scheduled for a second readinq at the reqular City Council meetinq on December iith, 1995. Changes from the first readinq include (1) usinq the aqe of 18 instead of the word minor, (2) ahanqe in wordinq reqardinq outside storaqe to make it consistent with the Soninq Code-Chapter 205, and (3) a chanqe in identifications required by the customer. It was the opinion of City Attorney Greq Herrick that requirinq only Minnesota identification would constitute a possible violation of free trade. I have also attached letters sent to the current and prospective pawn shop license holders. . 18.01 � U�� F�� CIVIC CENTER • 6431 UIVIVERSITY AVE_ N.E. FRIDLEY, MINNESOTA 55432 • PHOIYE (612) 571-3450 December 1, 1995 Cash-N-Pawn Ltd, Hopkins, Inc. 5807 University Avenue N.E. Fridley, I�Ild 55432 The City of Fridley is proposing changes to the Pawn Shop Ordinance (Chapter 31 of the City Code). There was a first reading on November 27th, 1995 at the regular City Council meeting. The second reading is scheduled for the City Council meetinq on December iith, 1995 at 6431 University Ave. NE. The meeting will begin at 7:30 P.M. There is no requirement for a public hearing in this type of ordinance change but licensees have been invited and will have an opportunity to express their views during the meeting. I have enclosed a copy of the proposed revisions. Please feel free to contact me if you have any questions regardinq this issue. Sincerely, � � , . David H. Sallman Public Safety Director City of Fridley � 8.�2 �G'A H NPawn December 11, 1995 David H. Sallman Public Safety D'uector City of Fridley 6431 University Avenue Minneapolis, NIN 55432 Dear Mr. Sallman: 5831 Cedar Lake Road, Ste. 12 • Minneapolis • MN 55416 •(612) 525-2008 I am in receipt of your letter dated December 1, 1995 in relation to the proposed changed to the Pawn Shop Ordinance. I would confirm that I will attend the meeting on December 11, 1995. With regard to the proposed changes, my company would like to make the following suggestions and requests. Section 31.11 Conditions of Licenses 1(A) With regard to the recording of identifying�n and all numbers' t at he term serial suggest that instead of usmg the words y number be substituted. The purpose of this section is to help the police department trace �d he�oli �e is items that may be stoien. The main .-•a.:=her �are� fc�s this purpose by p the serial number. 1(E) Identification. We would suggest that the following forms of identification be allowed. 1) Niilitary I•D• 2) Passport and 3) Alien Registration Card. Many people have these forms of I.D. and the backgound check on information used to grant one of these forms of I.D. is equal to, if not more detailed than that used to grant a drivers license. 2 Disposition of Articles. We would suggest that a monetary amount be included here, say $125.00. Most of the sales done in our store are for small items such as movies, CD's and other general miscellaneous merchandise. � 7 We would suggest that the redemption period be reduced to 60 days. Most loans . are in pawn for between 45-51 days. In our experience, if a loan goes beyond 51 days it ends up being forfeited. 8 Our company has a voluntary agreement with the Fridley Police Department to hold items from purchase for 15 days and we would suggest that this be written into the ordinance. 10 We would like to see something written in to reflect an input by the Fridley Police Department. We also feel that if an article is put on hold we should be given a case number and a hold period of 6 months maximum. 11 This section serves no useful or good business purpose. We would propose it be stricken from the ordinance. 31.13 Inspection Again, we would like to see this altered to have the input of the Fridley Police Department included. We also feel that it would be helpful and necessary to include a section detailing the necessity for the police department to make application for restitution on behalf of the pawn broker. 2 Again, we would suggest that this section be changed to reflect the input of the local Fridley Police Department. Finally, I would like to voice our objections to the proposed increase in the annual license fee. We believe this exorbitant and totally unnecessary. Due to the minimal amount of stolen merchandise actually recovered, in our case 121oans for $1,500.00. To spend $15,000 to recover $1,500 in stolen goods is not prudent use of police time or city budget dollars. In order to save time on input, we would be prepared to produce the information on disk. Yours sincerely, � � ( ( .,�� ,� S . :- .�.�: AUTO PAWNBROKER� iL��i .si, 't'O: Fridley Cltj► COUnc1i . . . . From: 8111 Rlcd�ts Re: Annusi �i�lcenslag Fees Date: Decootber 7 ,1995 I atn plea�sed to be a new bueinese Ownor in the olrY of Fr1Qle�►, an0laok forwatd to a long rolsaronstrip with thc 5ne city . As I.�m e�me you can icnagin�o, I 1ookod at eawrai naighboiing clties: �Colu�nbia Hoigh�s;l�a Ca�da; Coon Rap�lds; (�ircle Phue; -Ramsey; 2318ine; Sprl�g I.eke Yack;� M�outtAs View; RoeevWe; shorc�►Iew; and New. . 13zig�iton, before #�i�alq► �g on.cLviflg b�►�eiaoes 1n:Fr1Q�1aY. BiU Ciisimp�, PJlen Duncan and avoryonc dsa'Y d�oaatt �viah, before smd dudng tl�o lic�onsitlg p�ocoss. werc ve�Y helpfut and'that intpactod:m,y Baal d�iaia� tv op�a my swro in Plridloy. ' 1Lcou� the hce�eung parocose I fouad tt�at t�+e dty of Frldley, �at�e ihe other ddoe I i�rvoecig�a�od, doas not p�rate t� iica�ng feo. L�t us vse one of your n�eighboring ciucs :ae Bn exsmple. That aAaual lica�n$ i'ee i� 54,000.00. Thvy prorate !t from'tha time th�r is�ue� the llc�ee. So, i� a naw l�ense w�s issued No�vnmbar 1, 1995, and the reatowal dato far the c�+ i� Aprll 30 ,1996, �he a�wal oost of the prorated �conao for the remainiog time �, would be 52,000.00 . When pnu�dt�g to�ether an ordiaance of . sub�se�, possiblc a� can occur. The proratittg f�ue coulA be oIIe of tZ�ao ov�,�tBig�tt�. t would raiuo�t d�at tltis part of the oa+�stance ba r�viscd- EsPxa�', in Y�u` �f the faat, that du titlna�g aec�us to be ri�t with dte prapo�od �vlsions of flu cunent ordinance that are oa the �genda for pocemb�' 11, 1995. . I aould also llko W p�ose a cha�e in the 120-day rode�tion 1�siod. If a cuatomor hes not rod�emed ti►a1r pawn�d merchandise wittiin 30 da�y$ , hietAncaliy it ha: bcen found t�at th�y w�t not. It wo�d seam logical to ci�ang�e that patt of the ordin�co tn s 60-day redetnptian perlad. Finally; I would like to oxprass my anc�aia�#ng of rho proposed imcroase in licoit�e feea. Tjie c�ty is looking at purai�ss�g aa atlrtoin�ud pawn seivlce. I am no1. suro it mis �s suppoged tfl �av�e me ci�y time and effort apent P��8 Pn��'O� but it would seem that 'tt would. If'.ttWt ie the ca� i wouid be alt fot it. The other pa�t of 1ha incroa�e 1 got as 1 discussed�the propaaod cttia�t�ges with Ctdef S�ihna�t � ie that afta� closaty moiritoring "Cash=N•Pawn," tit�e city fouad d�at thc �time spent polic�ng p�►wn �s wa$ 7976 Universlty Avenue NE . ' Frldley, MN 55432 � 612.783.3987 1.800.111.PAWN n � �_� �' more than the reveaue �ot�rstod 8nm cumont lsc�nse fi�e of 58,000.00. As a rosult, he said, it would cogt the t8x pu�►os� more monCy. Thet+e ara thoee on the othot sida of the isaue tlwt disa�ree with the orig�ttat fee of 5�,000.00, not to meatlon sn incrvas� t� $15,000.00. I would recluost dnce the proposed inc�case in llcense feos is dirocted at prImat�ly mo�titoring stoJ.en merchandise, tlte ciry would ad,jt�st the licensc f� ibr auto- °�Y'Pawnbrokere. 'lhe time tl�a c�y wi11 spe�td po�ing auto psa►nbmlcerx wl11 vlrwaily be nvne�st�ent eince it ie i�t�posatblo to pav�m a etolea veldaie when a�e, S+ee of stl flcns or enwmbrazues with the .customer nsme , i�cludi�wg a vatiA pi�w�+e ID, ia required to complete �e pawn. llio #hought occun+ed �o C�iaf Sa�hnat� and mysel� to hav�o a justifice�ion of expendttutee� �1n tbe cily, P� tog�r rn+er.the nwcc four w e�x montha on auto pawnwiily bu�inca� ih thc city of Fridlcy. With ffi9� in miaq I woind� ask d�ac a_fee of 51,000, be assess�d un� a juedflca�ton ��expendtamos bas been complet+ea on suto- onty'�s.wnbrokers. It ie m�y undotstanding tbat this appi+oach ie usod for gambling licenaes 8II� t�l�: fI1C fGL'8 8IG V8[�i0. • • Your hacwtablo con�ideratio� of these mature are deepl3' ePPm�at�d. Zi' you hav+e any questione.at all, ploaso call � at (cfayrj ?83.3987, (�eni�g) 780.1135, fax 783.3946 : ��- -� \ � ' \�': , �►��1\ � � �: Unlverslry Avenue NE idley, MN SS432 612.783.3987 1.800.711.PAWtd 2 0 ,„.,- �::�;�,., � , �:�, ,j� � ` �'� � � , CIV[C CENTER • 6431 UN[VERS[TY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (6l2) 571-3450 December 1, 1995 Pawn America II, Ltd. 3935 Cedarview Drive Eagan, MN 55122 The City of Fridley is proposing changes to the Pawn Shop Ordinance (Chapter 31 of the City Codej. There was a first readinq on November 27th, 1995 at the regular City Council meetinq. The second reading is scheduled for the City Council meeting on December lith, 1995 at 6431 University Ave. NE. The meeting will begin at 7:30 P.M. There is no requirement for a public hearing in this type of ordinance chanqe but licensees have been invited and will have an opportunity to express their views during the meeting. I have enclosed a copy of the proposed revisions. • Please feel free to contact me if you have any questions reqardinq this issue. Sincerel , : � David H. Sallman Public Safety Director City of Fridley 18.03 �,g, -. ,�;; i� � . � CIVIC CENTER • 6431 UNIVERSITY AVE. IV.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 December 1, 1995 William John Richards 8085 Garfield St. N.E. Spring Lake Park, MN 55432 The City of Friclley is proposing chanqes to the Pawn Shop Ordinance (Chapter 31 of the City Code). There was a first reading on November 27th, 1995 at� the regular City Council meeting. The second reading is scheduled for the City Council meeting on December lith, 1995 at 6431 University Ave. NE. The meeting will begin at 7:30 P.M. There is no requirement for a public hearing in this type of ordinance change but licensees have been invited and will have an opportunity to express their views durinq the meeting. I have enclosed a copy of the proposed revisions. Please feel free to contact me if you have any questions regardinq this issue. Sincerely, � .- ;, `_ . David H. Sallman . Public Safety Director City of Fridley 18,04 � ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 31, ENTITLED "PAWN SHOPS," BY AMENDING SECTIONS 31.06, 31.11, 31.12, 31.13, AND ADDING NEW SECTION 31.14, AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY, AND AMENDING CHAPTER 11, �GENERAL PROVISIONS AND FEES" The City Council of the City of Fridley does hereby ordain as follows: 31.06. GRAN'PING LICSNSLS. l. At the time of making an initial or renewal application, the applicant shall, in writing, authorize the Police Department to investigate all facts set out in the application and do a personal background and criminal record check on the applicant. The applicant shall further authorize the Police Department to release information received from such investigation to the City Council. 2. Each license shall be issued to the applicant only and shall not be transferable. 3. Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. 4. No change in ownership, control or location of a license shall be permitted except by amendment to the license which amendment must be approved by the City Council. 5. No more than three (3) licenses shall be issued by the City at any time and priority shall be given to qualified applicants for renewal of existing license. 18.05 31.11. CONDITIONS OF LICENSES. l. Records. Every license, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately record, in the manner prescribed by the city, the following information: A. An accurate description of the article, in English; any and all numbers written, stamped, impressed or engraved thereon; any identifying marks; and the name of the manufacturer and model if indicated on the article. B. The amount of money loaned upon or pledged therefor. C. The date, time and place of receipt of the item. D. The full name, date of birth, current address of residence, current telephone number if possessed, and a reasonably accurate description of the person from whom the item was received including at a minimum sex, height, weight, and race. E. The identification number from one of the following forms of identification of the person from whom the item was received: (1) A valid Minnesota photo driver's license; or (2) A valid Minnesota photo identification card; or (3) A valid photo identification issued by the state of residency of the person from whom the item was received and one other form of identification. 2. Disposition of Articles. When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and full name, current address and telephone number of the person to whom soid. 18.06 3. Inspection of Records. The records referred to in this section shall be open to the inspection of the police officers at all reasonable times and shall be retained by the licensee for at least four (4) years. 4. Receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles, a certificate numbered to correspond with the'licensee's records. The certificate shall contain the substance of the record. 5. Reports to Police. Every licensee shall prepare and deliver to the City, each day, in the manner and form prescribed by the City, a legible, correct and complete record of the hereinbefore required account of all personal property or other valuables received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. 6. Exceptions to Reports. No licensee shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of busines5. Any goods referred to in this section must be accompanied by a bill of sale or other evidence of open or legitimate purchase and must be shown to the Police Department when demanded. 7. One Hundred Twenty-Day Redemption Period. Any person pledging, pawning or depositing an article of property for security shall have a minimum of one hundred twenty (120) days from the date when the loan or pledge becomes due and payable to redeem the article before the article becomes forfeitable. 8. Minimum Period Before Redemption or Sale. No article of property on deposit with any licensee nor property purchased by or sold to, or in any other ways coming into the possession and under the control of any licensee in the due course 18.07 of business, shall be permitted to be redeemed from the place of business of the licensee for a period of seventy-two (72) hours, nor shall the property be sold within ten (10) days, after the record required to be delivered to the City has been delivered. 9. Storage of Items. All articles of property being held pursuant to the above sections must be stored on the licensed premises. Outdoor storage of oversized items may be permitted only if said outdoor storage is permitted by the zoning requirements applicable to the licensed premises. All permits and procedures required by Chapter 205, Zoning Code, shall be obtained prior to, or in conjunction with, a license for a pawn shop. 10. Police Restrictions on Sale or Redemption. Whenever any police officer, acting in the course and scope of his or her duties, shall notify a licensee not to sell or permit to be redeemed any articles of property received on deposit or purchased by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the Public Safety Director or designee. 11. Payment by Check. Payment by licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. 12. Posting License. All licensees shall post their licenses, in a conspicuous place, in. the licensed premises under the licensed activity. 13. Responsibility of Licensee. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. . . . i . 14. Penalty for Property Owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this Chapter. 31.12. RESTRICTED TRANSACTIONS. l. No licensee shall be open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. 2. No licensee shall purchase, accept or receive any article of property from any person under eighteen years of age. 3. No licensee shall purchase, accept or receive any article of property which contains an altered or obliterated serial number or any article of property whose serial number has been removed. 4. No licensee shall purchase, accept or receive any article of property knowing, or having reason to know, that the article of property is encumbered by a security interest. For the purposes of this section "security interest" means an interest in property which secures payment or other performance of an obligation. 5. No licensee shall purchase, accept or receive any article of property, from any person, knowing, or having reason to know, that said person is not the true and correct owner of the property. 6. No licensee shall purchase, accept or receive any articl� of property, from any person, without first having obtained one of the following forms of identification from the person: (1) A valid Minne�ota photo driver's license; or (2) A valid Minnesota photo identification card. (3) A valid photo identification issued by the state of residency of the person from whom the item was received and one other form of identification. No other forms of identification shall be acceptable. 18.09 31.13. INSPECTION. 1. Stolen goods. Any licensee shall, at all times during the term of the license, allow any police office to enter or inspect the premises, where the licensee is carrying on business, and all records pertinent to the operation of the business for the purpose of•locating articles of property suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any police officer. Articles ot property determined, upon investigation, to be stolen may be seized as evidence from the licensee by any police officer and returned to the rightful owner in accordance with the provisions of Minnesota Statute 609.523. No licensee may obstruct, hinder, or otherwise interfere with any police investigation concerning stolen articles of property discovered on the licensee's premises. A licensee must report to the police department any article of property pawned or received, or sought to be pawned or received, if the licensee has reason to believe that the article.of property was stolen or lost. 2. Inspection by Claimed Owner. Al1 articles of property coming into the possession of any licensee, under the terms hereof, shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompanied by a police officer. 31.14. CONDUCT OF PERSONS ON LICENSED PREMISES. l. No person may pawn, pledge, sell, leave, or deposit any article of property not their own; nor shall any person pawn, pledge, sell, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn,_ pledge, sell, leave, or deposit any article of property in which another has a security interest; with any licensee. 2. No person under the age of eighteen may pawn, pledge, sell, leave, or deposit any article of property with any licensee. . 18.10 3. No person may pawn, pledge, sell, leave, or deposit an article of property with a licensee without first presenting identification in the form of a Minnesota photo drivers license or Minnesota photo identification card to the licensee. 4. All licensee's shall by adequate signage and separate written notice inform persons seeking to pawn, pledge, sell, leave, or deposit articles of property with the licensee of the foregoing sections. For the purposes of �his section "adequate signage" shall be deemed to mean at least one sign, of not less than four (4) square feet in surface area, comprised of lettering of not less than 3/4 of an inch in height, posted in a conspicuous place on the licensed premises and stating substantially the following: TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEAR.S OF AGE. YOU MUST BE THE TRUE AND CORRECT OWNER OF THE PROPERTY. THE PROPERTY MUST BE FREE AND CLEAR OF ALL CLAIMS OR LIENS. YOU MUST PRESENT A PHOTO ID OR A VALID PHOTO IDENTIFICATION ISSUED BY YOUR STATE OF RESIDENCY. VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME. For the purposes of this section "separate written notice" shall be deemed to mean the certificate, hereinbefore required to be delivered to the person pawning, pledging, selling, leaving, or depositing an article of property with a licensee; incorporating a statement to the effect that the person pawning, pledging, selling, leaving, or depositing the article is at least 18 years of age; is the true owner of the article; and that the article is free and clear of all claims and liens; and requiring a signature of acknowledgment by the person pawning, pledging, selling, leaving, or depositing the article as to the statement. 5. No person seeking to pawn, pledge, sell, leave, or deposit any article of property with a licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false 18.11 or out of date address of residence or telephone number; nor present a false drivers license or identification card; to any licensee. 11.10. FEES. Section 11.10, "Fees" is amended to include the following Pawn Shop fees: CODE 31 SUBJECT FEE Pawn Shops $15,000 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: November 27, 1995 Second Reading: Publication: 18.12 '� TO: WILLIAM W. BURNS, CITY MANAGER ,�� . FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S. HANSEN, STAFF ACCOUNTANT SUBJECT: RESOLUTION A,DOPTING A BUDGET FOR THE FISCAL YEAR 1996 DATE: November 14, 1995 As required by Section 7.05 of the City Charter, the attached Budget Resolution provides for the adoption of the 1996 City of Fridley Budget. Please present the resolution to Council on December 11, 1995 for their approval. RDP/ph Attachment 19.01 RESOLUTION NO. - 1995 A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 1996 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepaze an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall hold a public hearing to adopt a budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate; NOW 'THEREFORE, BE TT RESOLVED that the following budget be adopted and approved: GENERAL FUND Taxes and Speciai Assessments: Current Ad Valorem Delinquerrt, Penafties, Forfeited Special Assessmerrts Licenses and Permits: Licenses Permits lntergovernmental: Federal State - Homestead and Agriculture Credit Aid Local Govemment Aid AII Other Charges for Services HRA Water Fund Sewer Fund Storm Water Fund Liquor Fund Cabie N Fund Construction Funds Fines and Forfeits Interest on Irnestments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Closed Debt Service Fund Liquor Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAI FUND ESTIMATED REl/ENUE $3,703,641 75,344 2,530 152,122 382,827 4,116 1,024,834 1,625,082 473,847 271,632 237,609 148,575 143,154 79,575 56,850 21,653 55,640 203,573 425,000 84,211 13,456 134,843 75,000 9,395,114 395,367 59.790.481 � 9.02 Legislative: City Council Pianning Commissions Other Commissions City Managemerrt: General Managemerrt Personnel i.,egal Finance: Eledions A�ccou�ing Assessing MIS City Cle�k/Reoords Pot'ice: PoGce Civil Defense Fire: Fre Rerrtal Housing Inspections Public Works: Civic Center Engineering Lighting Park Mairrtenar�ce Street Mairrtenance Aecr�tan: Recre,ation Naturalist Community Developmerrt: Building Irwspection Planrnng Resenre: Emergency Nondepartmerital: APPROPRIAl10NS $95,183 3,518 6,961 27&,228 87,839 252,700 23,216 543,006 117,20Ci 159,140 109,523 3.,173,037 9,850 703,707 93,917 189,961 437,536 192,900 652,096 1,121,417 569,519 210,229 222,646 334,206 100,000 104,939 _ E9.790.481 SPECIAL REVENUE FUNDS Cable TV Fund Grant Management Fund Solid Waste Abatemerrt Fund Housing Revitalization Fund Fund Balance TOTAL SPECIAL RE1/ENUE FUNDS CAPITAL PROJECTS FUNDS Capital Improvement Fund Taxes — Current Ad Valorem IMerest on Investrnerrts Donations State Aid Construction Fund 8ala�ce $101,389 208,674 228,029 250,000 25,865 5813.957 �85,550 General Capital Improvemerrt 271,036 Streets Capital Improvement 10,000 Parks Capital Improvemerrt 650,000 320,154 TOTAL CAPITAL PROJECTS FUNDS s1.336,740 AGENCY FUND Six Cities Watershed Fund Taxes — Currerrt Ad Valorem $3�g� � TOTAL AGENCY FUND =g,g� � TOTAL �11.945.089 PASSED AND ADOPTED BY THE CTTY COUNCIL OF TI� CTTY OF FRIDLEY THI$ OF DECEMBER, 1995 ATTEST: WILLIAM A. CHAMPA - CITY CLERK 19.03 WILLIAM J. NEE - MAYOR $117,100 208,674 238,183 250,000 5813.957 $63�000 941,640 332,100 t1.336.740 $3.911 53.911 511.945.089 DAY i TO: WILLIAM W. BURNS, CITY MANAGER ��r FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S. HANSEN, STAFF ACCOUNTANT SUBJECT: RESOLUTION TO LEVY TA7�S WHICH APPEA,R TO BE IN EXCESS OF 16 NIILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1996 TO ANOKA COUNTY DATE: October 30, 1995 The attached resolution gants City Council the authority to levy a tax which appears to be in excess of 16 mills. As stated in Section 7.02 of the City Charter, pursuant to three weeks published notice and a public hearing the Council may adopt a resolution showing the necessity for such taxes. The attached resolution also provides for the certification of the 1996 tax levy to Anoka County for collection. RDP/ph Attachment 20.01 RE30LUTION NO. - 1995 A RESOLIITION DECLARING THE NECESSITY TO LEVY A TA8 NHICH APPEAR3 TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TA% LEVY REQIIIREMENTS FOR 1996 TO THE COIINTY OF ANORA FOR COLLECTION WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, said Section 7.02 of the City Charter provides that if the taxes levied against property within the City exceeds 16 mills on each dollar of assessed valuation, that the Council shall adopt a resolution showing the necessity for such tax; and WHEREAS, the State of Minnesota has changed the method of computing taxes from "mill levy" to "tax capacity"; and WHEREAS, the State of Minnesota transferred state aid dollars from the city to the school districts to reduce school district taxes; and WHEREAS, in addition, the State of Minnesota reduced the amount of state aid dollars it had previously distributed to cities; and WHEREAS, the City of Fridley needs to levy taxes which appear to be in excess of 16 mills because of the reduction of local government aids by the State of Minnesota. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley pursuant to three (3) weeks published notice and public hearing on the 5th day of December, 1995, shall have the authority to levy a tax which may be in excess of 16 mills; and BE IT FURTHER RESOLVED that the City of Fridley certify to the County of Anoka, State of Minnesota, the following tax levy to be levied in 1995 for the year 1996. 20.02 Page 2 - Resolution GENERAL FUND General Fund CAPITAL PROJECT FUND - 1995 Capital Improvement Fund - Parks Division AGENCY FUND Six Cities Watershed Management Organization TOTAL ALL FUNDS $3,821,853 72,689 3,087 $3,897,629 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF DECEMBER, 1995 ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 20.03 DESCRIPTION OF REQUEST: Erickson Oil Products requests that a variance be granted to increase the maximum square footage of a free-standing sign from 80 square feet to 126 square feet. This would allow the installation of a new freestanding sign on their properly at 7600 University Avenue N.E.. HARDSHIP STATEMENT: See attached letter from the petitioner. SUMMARY OF ISSUES: Section 214.11.02.(B) requires that a ma�amum size of 80 square feet in area of signage per development. Public purpose served by this requirement is to control visual pollution and excessive use of signs in commercial areas. The petitioner has not met the four conditions of the sign code which allow granting of the variance. The peritionex has adequate signage through the use of the existing freestanding and wall signs. This request is similar in nature to the request by Conoco which the City denied in 1989. The City Council has previously approved variances for Bob's Produce (120 sq. ft.), Home Depot (160 sq. ft.), Home Valu (150 sq. ft.), and Embers (120 sq. ft.) within the last five years. RECOD�VVIEEIVDED ACTIONS: Staff recommends that the City Council deny the request. APPEALS COMIVIISSION AGTION: The Appeals Commission voted unanimously to recommend denial of the request to the City Council. 21.0 Petition For: Location of Property: I.egal Description of Property: Size: Topography: Eaisting Vegetation: Eaisting Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: PROJECT DETAILS A variance to increase the maximum size of a sign from 80 square feet to 126 square feet.. 7600 University Avenue N.E. Lot 1, Block 1, Commerce Park Additioa 42,827 square fcet Flat New Vegetation; trees, shrubs, etc. C-2, General Business; Conunexce Park 1965 Connected Osborne Road, West University Avenue Service Road University Avenue Bikeway/Walkway None 2 21.02 DEVELOPMENT SITE Section 214.11.02.(B} requires that a maximum size of 80 square feet in area of signage per development. Public purpose served by this require�ne�rt is to corrtrol visual pollution and excessive use of signs in commercial areas. Request Erickson Oil, owner of the Freedom Station located on Lot 1, Block 1, Commerce Park, the same being 7600 Univecsity Avenue N.E., is requesting a variance to the sign ordinance for an increase in allowable sign area from 80 square feet to 126 square feet. The sign will be located at the corner of the properly. A freestanding sign of 48 square feet is already located on the propex�y in the location of the proposed sign. The existing sign will be removed if the variance is granted. Site The site is located on a loopbacic parcel on the corner of Osborne Road and Utuveisity Avenue and is the site of what was the old Jet Mast Sta.tion south of and acxsoss from the University Station Restaurant and Bob's Produce. The original Jet Mart building was constructed in 1968. The petitioner recently bought the property, and in June 1995 removed the old building and consttucted the new Frcedom Station. Analysis The petitioner is requesting an increase in the allowable sign area from 80 square fcet to 126 square feet. Their standard freo-standing pricing signs corrtain ttu�e areas for gas prices, the Conoco logo, and a read�board area. The petitioner would like to add the Freedom name to this standard sign design. This is 46 square feet larger than the 80 square feet «ur�tly located by the Cit�s Sign Code. This request is sim�ar in nature to the Conoco request which the City Council denied in 1989. Section 214.21.03 of the City Sign Code sets forth four conditions which the applicant must prove in order for the Commission to grant a variance to the City Sign Code. The following analysis will analyze each of the four conditions: Condition A"That there are acceptionai or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to othes properly in the same vicinity and district." As was stated earlier, the property in question is not an exceptional cir«xmstance. The City has several loopback propeities which ocaxr at many of the intersections along the major corridors in the City. These parcels typically are sucrounded on all sides by street frontages, and many of these loopba.ck pazcels contain automobile, motor fuel, and oil dispensing starions. Other propaties similar to this have been restrided to one free-standing sign to advertise prices and company logos, so restricting the petitioner to one 80 square foot sign would not be atypical. 21.03 Condition B: "That the variance is necessary for the preservation and enjoyment of the substantial property right possessed by other properties in the same vicinity and district, but which is denied to the property in question." The petition� can sstillll install 80 square feet of signage on the fre�standing sign, and the petitioner has the option of wall signage. By denying the variance, the staff is not denying the petifione�'s right to have signage. The proposed area of the Frcedom text is 15.75 square feet. This area could be adde�l to the existing sign without requiring a variance. A sign variance was granted for the Bob's Produce sign to 120 square feet, however, this allowetl a consolidation of two business signs into one. Condition C: "That the strict application of the chapter would conskitute an unnecessary hardship." The strict application of the Fridley Sign Ordinance would not create an undue hardship for the petitioner. The petitione.r has utilizsd wall sigr�age as allowed by code as well as the proposed signage. A freestanding sign less than that allowed by code already exists on site. Erickson Oil Products does have the benefit of canopy signage. This benefit is not universal and dces tend to draw additional attention to the site, providing an opportunity to do ample advertisemerit. Condition D: "That the granting of the variance would not be materially detrimental to the public health, safexy, or. general welfaze, or detrimental to the property in the vicinity or district in which the property is located." The variance requested is not exc�essive, however, the public purpose is to reduce the visual clutter caused by large signs. The azea already has one sign variance, the petitioner can meet the code requirements. Recommendation: Staff recommends denial of the variance request, VAR #95-34, by Erickson Oil, to increase the allowable square footage of signage for a development from 80 square feet to 126 square feet on the basis that the petitioner does not me� all of the criteria for variances as listed in the Sign Ordinance. The petitioner can install an 80 square foot sign which is required of other establishments in the general vicinity of the site. WEST: SOITTH: EAST: NORTH: ADJACENT SITES Zoning: G2, General Business Zoning: C-2, General Business Zoning: G2, General Business R 1, Single Family Zoning: C-3, General Shopping 21.04 Land Use: Muld-Tenant Retail Land Use: Mu1ti-Tenarn Retail Land Use: Vacant Residential Land Use: Vacant Residential Comprehensive Planning Tssues: Public Hearing Comments: To be taken 21.05 ERICKSON OIL PRODUCTS, INC. 1231 INDUSI'RIAL SfRHET HUD.SON, WTSCONSIN 54016 October 30, 1995 715-386-8241 612�33fi-8056 Fa�c 715-386-2022 Michelle McPherson City of Fridley 6431 University Avenue Northeast Fridley, MN 55432 Dear Michelle, Thank you for seeing me last week on such short no6ce. I do appreciate the input and help you gave me. I wili attempt to answer the four variance conditions in this letter. It would be easier, of course, if we were permitted to have two 80 square foot signs (1 per street frontage) as Scott and I discussed, but I trust you have interpreted the code correctly. The sign we are proposing is approximately 120 square feet. Condition A: I think it would be appropriate to explain the proposed sign. It consists of a 40 square foot CONOCO capsule, a 50 square foot gasoline price sign, a 16 square foot reader board and a 16 squaze foot FREEDOM sign. As you can see, the largest sign is the one that advertises our gas price. Our store will be selling three grades of gas, so the state requires us to post all three prices. If our store, like some others, sold only two grades of gas this sign could be 1/3 smaller. We have proposed a 16 sqnare foot reader board below the price sign. We have found in large metro communities this is our best way to advertise. It is often cost prohibitive to advertise in the newspaper, such as larger retailers do. Historically, we occasionally use our reader boards for civic and comimunity events, wlaich I. feel benefits those that are not our customers. Lastly, the 16 square foot FREEDOM signi this is us, our company. We have found that without letting the customer know this, they often think iYs a CONOCO corporate store. We have had to negotiate with CONOCO to allovv us to be on "their" sigq but we think it is important for the customer to know who they are doing business with. Condition B: As I drive the University Avenue comdor, I certainly see many large signs over 80 square feet- restaurants and other retail businesses. Our problem is that we need to post our gas prices as required by the State anrl we are really advertising two corporate identities - CONOCO and FREEDOM, not to mention the cost effective advertising of the reader board. Condition C: We have made a significant investment in your community and are delighted to be there. It is pazamount to our success to be recognized to the traffic on University Avenue and Osborne Road. I am sure you will remember the former CONOCO store had used the rear or side of the building to mount their price sign. I believe they also used the canopy facia to mount signs. I have not "looked" faz enough into the ordinance to see if we have used up our available building signage, but I would doubt that we have. I do not wish to even explore mounting other signs on the building or canopy unless we absolutely have to. I think it would detract from the appearance we have worked hard to achieve. Condition D: I believe thaf there would be zero negative impact to any of the other property in our vicinity. I would like to believe our investment and future success would enhance values in the area. I certainly can see no detriment to the public health or safety. The sign will be mounted high enough and far enough back to eliminate any traffic problems. 21.06 Michelle McPherson October 30, 1995 Page 2 In closing, I think it is important for the staff and board to know that our request is real and warranted. By most retail standards, this is not an above average sign. We recendy installed this identical sign in White Bear Lake with support from the City staff. The support from the City of Fridley staff, Board of Appeals and Council will be greatly appreciated. Sincerely, �C David B. Erickson President DBE/cef 2 �.�7 l VAR �� 95- 34 �Frickson Uil Products 21.os �O�AT10N MAP � /r/I ''I I I-�� I� �I-/ • � /A. �,� ��'� / '�' �' ♦ � � i � �` 1�� . / � � �� .�♦�.ih�♦�`� ■ � //� i �/ ��</�� C :� i � ►-�-�_1-�-�-��. : •� • ■�■ , �►�T � �� ►r��'�`�� r'�� • ° � = = -_==�=�i �.. �(�::.-- ■e�■■■■ � .....-- �■��■ �►n:.��u �%��■ ■�:.��■ ��■ a��■ �� I.i��■ r��■ �� ' ��/,��1,��1/1 �►�i�iii i�i� . o� ai � '��. � �� r ��' ��l�ll�[t�►��/!�: SUSURSAN LIGHTING INC_ 612 439 7521 P.82 SiGNAGE IDEN'Y'IFICATION I2' CAP'SULE p1tICE SiG ti Two 12' capsute price si�S do not have service message panels. A tivcce-panel wrttparound sign (B7� is available with a twaline mar- quee. Tbere is no diesel option Sign Type B7 3-Panel Wi�paroutid with 2 Line Marquee � �. ava�abk. The four-panel wrap- arouad sign (B9) co:aes only w�th the gree� diesei panel fox jobbers cammitted M long-term marketing of tivi8 produc� T s• r � �' r s� �'9" � „ �� pne Face i '� 6: +q• �k. 'A aepa�atc toot aet mast be ordered tor ihe Marquee board. 21.10 Remember to paint the poie a►hite witbit► the pri� sign when adding a wraparownd p�ce sign. This wil� asstune even �[wnin►ation across the face of the sign. � ljrpe B9 nel Wrapaxnund Dieset �� • �r OrR ��H U �_ ��==�� one Ihca ./ 2 8 �- �- T � s� r � � T 9' i� ` . � � � � � � _ CITY OF FRlDLEY Fi�1DLEl' MUNICIPAL CENTER •(r331 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6121571-3450 • FAX (61?► 571-1?R7 CITY COUNCIL ACTION TAKEN NOTICE October 24, 1989 Conoco Inc. Connie Lutton ^Z68 Commerce Circle South N.E. Fridley, I�1 55432 Dear Ms. Lutton: On October 23, ridley City Council denied your request for a varianc , VAR �89-24 to increase the total square footage of signage from square feet to 110 eet on Lot l, Block 1, Commerce Park, the same being 00 University Ave . et Mart). If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn 21.11 FRIDLEY CITY COIINCIL MEETZNG OF OCTOBER 23 1989 PAGE 2 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl, Finance Director, stated this is a request for an on- sale beer license for the Yung Tae Hoe Restaurant at 6440 University Avenue. He stated a background investigation has been completed and staff is recommending approval. Councilman Billings stated the public hearing.notice states the public hearing is to be on November 23, 1989 and questioned if this was the date published in the hearing notice: After checking the publication in the Fridley Focus, the hearing date published was November 23, 1989, therefore, it was determined that this notice was defective and the public hearing should be re-published and held on November 20, 1989. No persons in the audience spoke regarding the issuance of this on- sale beer license. MOTION by Councilman Billings/to find tYie publication of the public hearing defective, close th,iis hearing and order the public hearing to be re-published for Nov�mber 20, 1989. Seconded by Councilwoman Jorgenson. Upon a voice�vote, all voting aye, Mayor Nee declared the motion carried un �iimously. OLD BUSINESS• � 2. ORDINANCE IrTO. 936 APPROVING A VACATI�N. SAV #89-04_ TO VACATF MOTION�by Councilman Billings to waive the second reading of Ordir�ance No. 936, adopt it on second reading and arder publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried urianimously. 3. CONSIDERATION OF A VARIANCE REOUEST. VAR #89-24. TO INCREASE THE TOTAL SOUARE FOOTAGE OF SIGNAGE FROM 80 SOUARE FEET TO 110 ON LOT l. BLOCK 1, COMMERCE PARK. THE SAME BEING 7600 UNIVERSITY AVENUE N.E.. BY CONOCO, INC. (TABLED 10-2-89�: Ms. Dacy, Planning Coordinator, stated this item was tabled at the last Council meeting in order for staff to determine if a variance for a sign greater than 8U square feet had been approved previously for this property. She stated in August, 1983, a variance request was filed to increase the signage from 80 to 183 square feet, however, this variance was denied. Ms. Dacy stated this variance request was originally for two free standing pylon signs each to be 110 square feet. She stated the 21.12 % FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23, 1989 PAGE_3 petitioner has now reduced the request to one pylon sign of 110 square feet which would be 30 square feet over what the ordinance allows. Ms. Dacy stated both staff and the Appeals Commission recommend denial of this variance as it does not meet the criteria for a variance as outlined in the Sign Ordinance. Councilman Billings stated his primary concern was if variances had been issued in the past. He stated the current signage is 75 square feet and seems to be adequate for this station. Ms. Connie Lutton, District Manager for Conoco, presented photos of signs at other Conoco stations. She stated the signage they are requesting is a standard sign which Conoco uses nationwide. Mayor Nee commended Conoco for the attractiveness of this station, and stated he did not have a problem with the increased signage they are proposing at this particular location. He stated, however, if this variance was granted, it would definitely set a precedent and the Council may be obliqated to grant other requests of a similar nature. Ms. Lutton stated she has taken pictures of other siqns in Fridley which are greater than the 80 square feet allowed by the ordinance. She stated one such sign is for Bob's Produce. Mayor Nee stated some of the signs existed before the Sign Ordinance was adopted and they are, therefore, qrandfathered such as Bob's Produce. Councilman Fitzpatrick stated what Ms. Lutton is doing is exactly what the next person would do if they requested a variance. He felt to grant the variance would set a precedent. Ms. Dacy stated an alternative may be to list two types of fuel on one side of the sign and the other two types of fuel on the other side to meet the requirements of the Sign Ordinance. Councilman Billings felt there are options available and even though he does not find the sign displeasing, it does not meet the code and there really is not a hardship. MOTION by Councilman Billings to deny this variance, VAR #89-24. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21.13 � � cinroF FRIDLEY DATE: �� FROM: � PLANNING DIV�[ON MEMORANDLiM� October 5, 1989 Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Conoco Inc. Variance; 7600 University Avenue N.E. Per your request dated October 3, 1989, I have researched the Conoco building file for any potential sign variances that were previously granted to the parcel at 7600 University Avenue N.E. In my research, I have found three variance requests for this parcel. Variance Reauest #1: In July of 1968, a variance was granted by the Appeals Commission for an increase in the amount of signage for the building at 7600 University Avenue H.E. The sign variance granted by the Appeals Commission was for an increase in signage from 1,184 square feet to 1,776 square feet. The total square footage included signage on a11 four walls of the building and one rotating pylon sign. Exact square footage of the wall and pylon signs are unknown. Variance Request #2: In August of 1983, the variance request was to increase the allowable square footage of signage from 80 square feet to 183 square feet. The Appeals Commission voted to recommend approval of a five square foot increase from 80 square feet to 85 square feet. The City Council on October 17, 1983 denied the variance request to increase the allowable signage from 80 square feet to 183 square feet. The petitioner at that time was not interested in a compromise on the square footage, so the five square foot variance was also denied. Variance Reauest #3: In August of 1984, which was not associated with signage. hardsurface setback from the required 20 the widening of an entry driveway. This Appeals Commission and City Council. MM/dn M-89-602 21.14 a variance wa's requested It allowed a reduction of feet to 10 feet, to allow was approved by both the � � FRIDLEY CITY COIINCZL MEETING OF OCTOBER 2, 1989 PAGE 7 Ms. Dacy stated the Appeals Commission stated this var nce request would be submitted to the Council on October 2, 1� Councilman Fitzpatrick stated he understands me of the neighbors signed a petition indicating they were awar of the request and had no objections, with the exception of one rson who wanted to think about it. Mayor Nee asked what Mr. Schrei s meant when he stated at the Appeals Commission meeting tha it would be the only house on the block that would extend beyo the other houses." Ms. Dacy stated she believed he was referr' g to the rear of the homes because the front yard setback woul e maintained. Councilman Fitzpatr with development. more extensive an seems reasona e. re,'k stated this lot has a history of problems !ie stated the variances granted in 1986 were w�at is now being requested and this variance MOTION b ouncilman Fitzpatrick to grant the Variance, VAR #89- 23, to educe the side yard setback for an accessory building on a c er lot from 30 feet to 20 feet. Seconded by Councilman S eider. Upon a voice vote, all voting aye, Mayor Nee declared e motion carried unanimously. D. CONSIDERATION OF A VARIANCE, VAR #89-24, TO INCREASE THE TOTAL S4UARE FOOTAGE OF SIGNAGE FROM 80 SQUARE FEET TO 220 SOUARE FEET (2 PRICE SIGNS AT 110 S4UARE �EET EACH,� ON LOT l. BLOCK 1, COMMERCE PARK. THE SAME BEING 7600 UNIVERSITY AVENUE N.E., BY CONOCO, INC.: Ms. Dacy, Planning Coordinator, stated this is a request to increase the total square footage of signage from 80 square feet to 220 square feet. She stated the Sign 4rdinance allaws properties to have more than one freestanding pylon sign if it has more than one street frontage, however, the total square feet must not exceed 80. She stated the petitioner has adequate means to advertise the business with an 80 square foot sign, as wall signage is permitted as well. Ms. Dacy stated Conoco is petitioning for this variance as they are refurbishing this site of the Jet Mart Station. Ms. Dacy stated the Appeals Commission recommended denial of this variance request. She stated staff has since received information from Conoco that they wish to reduce their request to have one 110 square foot sign, rather than two signs of 110 square feet each. She stated the petitioner is present this evening and may wish to confirm this request. Ms. Connie Lutton, District Manager for Conoco, stated when they originally submitted the variance request, they were under the 21.15 ( �.. FRIDLEY CITY_COIINCIL MEETING OF OCTOBER 2, 1989 PAGE 8 impression that 80 square feet per sign was allowed. She stated she would like to change the variance request to have only one sign at 110 square feet. Mr. Herrick, City Attorney, asked if there was some particular reason why they needed a 110 square foot sign. Ms . Lutton stated it is a standard sign that Conoco uses throughout the company. Mr. Burns, City Manager, asked staff if they knew the range of variances allowed in the past. Ms. Dacy stated Viking Chevrolet had a sign up to 200 square feet. She stated several other applications for sign variances were received from other gas station owners, with most of them being denied. Ms. Lutton stated Fina has a 196 square foot sign. The Regional Manager stated a variance was received in 1985 to add to their sign when they wished to advertise diesel fuel. Ms. Dacy stated this variance is not reflected in the master list of variances which dates back to 1981. Councilman Billings stated he was prepared to concur with the recommendation of the Appeals Commission to deny this variance request for the two signs totaling 220 square feet, however, he would like the item tabled to the next meeting for staff to research the size of the existing sign and check if a variance was granted at this location in 1985. MOTION by Councilman Billings to table this item until the next regular meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION TO CLOSE PROJECT #629 CRIME PREVENTION AND RETURN UNUSED CDBG FUNDS TO ANORA COUNTY: Mr. Robertson, Community Development Director, s ed the City received $15,500 in CDBG funds to conduct a s rity program for low and moderate income households by ' allation of security locks. He stated a portion of the ds were to be used in the actual implementation and a rtion for administrative and advertising costs. He ed there is a surplus in the administrative and adve sing fees of $1,023.73 and this should be returned to Anok ounty. MOTION by Co cilman Fitzpatrick to authorize staff to notify Anoka County t Crime Prevention Project $629 authorized in 1986 is 21.16 l_ � can be constructed witho t any variances. Even with the proposed house plan, the garage c uld be detached, and there would be no need for a variance. so, because of the history of the development in the area, e would have to vote against this variance. Dr. Vos stated he is also oppo ed to the variance. There are quite a few different ways the house nd garage could fit on the lot that could satisfy the petitioner an the neighbors. He did not see any hardship that made it necessary o encroach 10 ft. into the rear yard setback. Ms. Savage agreed with Mr. Barna and Dr. Vos. She hoped the petitioner and the neighbors can wor together and find a solution. Mr. Kuechle stated he is also in gen al agreement with what has been said. A variance should not be eeded in a new plat like this. He was sympathetic to the petitio er; however, he felt there is someway the house can fit on the lo without a variance. He would vote against the variance. MoTION by Dr. Vos, seconded by Ms. Savage t Council denial of variance request, VAR #89- 3, pursuant to Section 205.07.03.D.(3).(a) of to reduce the rear yard setback for an acce corner lot from 30 feet to 20 feet, to allow a single family home and attached garage on Riverwood Park, the same being 7100 Riverwood IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON MOTION CARRIED QNANIMOIISLY. o recommend to � City by 0. B. Zachmann, e Fridley City Code sory building on a he construction of Lot 15, Block 2, D 've N.E. DECLARED THE Mr. Barna stated this item will go to City Council %n October 2, 1989. � 4. ` INC ,. Pursuant to Section 214.11.02.(b) of the Fridley City Code to increase the total square footage of signage.from'80`sq. ft: to 220 sq. ft. (2 price signs at 110 sq. ft. each), on Lot l, Block 1, Commerce Park, the same being 7600 University Avenue N.E. � MOTION by Ms. Savage, seconded by Mr. Kuechle, to open the public hearing. IIPON A VOiCE VOTE� ALL VOTING AYE, CBAIRPERSON BARNA DECLARED THE PUBLIC HEARING OPEN AT 9:13 P.M. Ms. McPherson stated the o1d.Jet Mart Station.is being refurbished by Conoco, Inc. The property is zoned C-2, General.Business:, The maximum allowable square footage for a free-standing sign is 80 sq: 21.17 � �. . APPEALS_COMMIS3ION MEETING, SEPTEMBER 19, 1989 PAGE 12 ft. Conoco, Inc., is requesting an increase in the allowable sign area for two free-standing signs, one on the University Avenue frontage and one on the Osborne Road frontage, at 110 sq. ft. each. Ms. McPherson stated the petitioner is also proposing to replace the existing diesel signs with the Conoco logo on the canopies over the pump islands. That is not a part of the variance. In addition, they are remodeling and repainting the exterior of the existing building. Conoco has removed the existing facia, and at this point,.do not have any plans to utilize that wall space for additional signage. Staff states that the petitioner could use this wall space for additional square footage of signage, and that this particular parcel is similar to other loopback parcels in the City that have similar uses, are zoned similarly, and have been limited to the one 80 sq. ft. sign. In staff's opinion, the petitioner does not any special condition that creates a hardship for the petitioner as they have other alternatives to place signage on the building as allowed under the Sign Code. For that reason, staff is recommending denial of this variance. Ms. Connie Lutton, District Manager for Conoco, Inc., stated she represents the Fridley area. She stated Conoco, in its reimaging program, has eliminated the bright yellow color and has restricted all signage on the facia. Unfortunately, Fridley's sign code varies from Conoco's new image. She stated there will be one Conoco emblem per canopy. Ms. Lutton stated that when they are completely done with the remodeling, the station will lose some of its recognition because it will not stand out as it did with the bright yellow. Because of that, they will lose some of their customer base. She stated they need two signs so that they will be visible to traffic on both University Avenue and Osborne Road. There is no way of angling one sign so that the logo and price of gas can be visible from both roadways. Ms. McPherson stated staff has discussed with the petitioner that they must modify the existing site plan to allow the sign to meet the required 10 ft. setback from Osborne Road. They will be adding additional green area and moving the sign to comply with the 10 ft. setback from Osborne Road. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PIIBLIC HEARING CLOSED AT 9:26 P.M. Ms. Savage stated she is glad to hear that the yellow color is going. She thought that yellow station was one of the worst eyesores on University Avenue. She stated she feels very strongly about signs, and that excessive signs, like billboards, are visual 21.18 � ��. APPEALS COMMISSION MEETING, SEPTEMBER 19. 1989 - PAGE 13 pollutants. There is no hardship. Apparently, the Amoco station across the street does not have a variance for its sign. She is opposed to even one sign that would exceed the 80 sq. ft. allowed, and certainly would be opposed to two of them. She would vote against the variance request. Mr. Kuechle stated he is in agreement. Zf they have not allowed other stations and businesses in similar situations to have variances, it would be very difficult to approve it in this case. Dr. Vos stated he certainly did not see the need for two signs. Even one sign at 110 sq. ft. is a 40� increase over what is allowed which seems excessive. Since there are "quick stop" stations along University Avenue and Highway 65 which seem to do quite well, he felt fairly confident Conoco could compete in the market with an 80 sq. ft. sign. Mr. Barna stated the Amoco station on the northeast corner of Osborne/University is completely within the sign code. The car wash and station at 73rd/University Avenue was given no sign variance, and the SuperAmerica an East River Road/University was given no sign variance, so in this surrounding area, everyone seems to be doing alright with 80 sq. ft. Conoco can always put signage on the building even though they do not want to. He stated he would also be opposed to any variance in increasing the allowable square footage for signage. MOTION by Ms. Savage, seconded by Mr. Kuechle, to recommend to City Council denial of variance request, VAR #89-24, by Conoco, Inc., pursuant to Section 214.11.02.(b� of the Fridley City Code to increase the total square footage of signage from 80 sq. ft. to 220 sq. ft. (2 price signs at 110 sq. ft. each) , on Lot 1, Block l, Commerce Park, the same being 7600 University Avenue N.E. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED LJNANIMOIISLY. 5. 0 SANDBLASTING SERVICE, INC.:� 1. Pursuant to Section 205. 8.03.A of the Fridley City Code to reduce the required 1 t area from 65,340 sq. ft. to 14,768 sq. ft.; 2. Pursuant to Section 205.18. .B of the Fridley City Code to reduce the required lot idth from 150 feet to 104 feet; 3. Pursuant to Section 205.18.03.D (2) of the Fridley City Code to reduce the required si yard setback from 20 feet to 5 feet; 21.19