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08/28/2000 - 4693OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING AUGUST 28, 2000 � � CffY DF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2000 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, ADDRFSS AND /TFM NUMB�'R YaU ARF /NT�itFSi�D /N. � � ; ��� ,�� ,2s����<<<. �a'�N��me�„ �'�Y� ' ' � � y(�. � �� � � � �<« „� ,i� � . .,' .:� � .. .. •y , . .. ,,,,,. , iri/ .i ,..ii�//:l�// �i,/i.. � 1a�� Y. „``�h ��� � �� yi F � i,%//..i � ' J C ` �,` ���` /�d !<3, 1 ��C C''� � �t r/�' M ��� � � �G���� S�� � v �� � � ��� ������ ��,, �� r= � 12 � C � ��� �3s^4� �-Yi: s % ��_ c fp � �,� �'�-�e �� � � CITY COUNCIL MEETING OF AUGUST 28, 2000 CITY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: National Night Out Videotape APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 14, 2000 OLD BUSINESS: 1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #00-01) (Ward 2) ..................................................... 1- 4 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2000 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Variance Request, VAR #00-19, by Bruce A. Kath and Julie Archer-Kath, to Reduce the Required Side Yard Setback for Living Area from 10 Feet to 5 Feet to Recognize an ' Existing Non-Conformity, Generally Located at 1352 Hillcrest Drive N.E. (Ward 2) ......................................... 5— 12 3. Receive Petition to Amend Chapter 7 of the Fridley City Charter and Direct City Clerk to Examine the Signatures to Determine if the Petition is Sufficient ......................................... 13 - 17 4. Resolution Adopting the Proposed Budget for the Fiscal Year 2001 ................................................. 18 - 20 5. Resolution Certifying "Proposed" Tax Levy Requirements for 2001 to the County of Anoka - ..................................................................................... 21 22 6. Resolution Authorizing Changes in Appropriations for the General Fund for January through August, 2000 ....................................................................................... 23 - 25 '' 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for " Blaine Jaycees (Shorewood Restaurant) (Ward 2) .................... 26 - 27 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2000 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Resolution Appointing Additional Election Judges for the 2000 Primary and General Elections.................................................................................... 28 - 29 9. Resolution of Application for Minnesota Amateur Sports Commission/Minnesota Department of Children, Families & Learning Grant....................................................................................... 30 - 37 10. Resolution Designating Time and Number of Council Meetings for 2001 ......................................................... 38 - 40 11. Resolution Declaring the City of Fridley's Commitment to Participate in the "Minnesota Cities: Building Quality Communities" Educational Effort....................................................................................... 41 - 42 12. Approve 2000-2001 Animal Control Contract Between the City of Fridley and Brighton VeterinaryHospital ..................................................................... 43 - 47 FRIDLEY CITY COUNCII. MEETING OF AUGUST 28, 2000 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 13. Establish a Public Hearing for September 25, 2000, to Evaluate a Cable System Franchise Proposal Submitted by �deOpenWest Minnesota, LLC .......................................................................... 48 14. Appointments— City Employees ................................................. 49 15. Claims ....................................................................................... 50 16. Licenses ....................................................................................... 51 - 53 17. Estimates ...................................................................................... 54 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2000 PAGE 5 PUBLIC HEARING: 18. Ordinance Repealing Chapter 207 and Amending Chapter 402 of the Fridley City Code, Pertaining to Water and Sewer Administration .............................................. 55 NEW BUSINESS: 19. First Reading of an Ordinance Repealing Chapter 207 and Amending Chapter 402 of the Fridley City Code, Pertaining to Water and Sewer Administration ............................................................. 56 - 69 20. Informal Status Reports ................................................................ 70 /_\ �a1�1�1:7 ► A � I,�j l9e-r�`�lS �d� � ., / r - FRIDLEY CITY COUNCIL MEETING OFAUGUST 28, 2000 �� �� 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, narional origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (T"fD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: National Night Out Videotape APPROVAL OF PROPOSED CONSENT AGENDA:�� APPROVAL OF MINUTES: City Council Meeting of August 14, 2000 OLD BUSINESS: 1. Second Reading of an Ordinance to Amend tF�e City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #00-01) (Ward 2) ....... 1- 4 � NEW BUSINESS: / l'`�'� �� < � . �f I� �� 2. Variance Request, VAR #00-19, by Bruce A. Kath and Julie Archer-Kath, to Reduce the Required Side Yard Setback for Living Area from 10 Feet to 5 Feet to Recognize an Existing Non-Conformity, Generally Located at 1352 Hillcrest Drive N.E. (Ward 2) .................................... 5 —12 3. Receive Petition to Amend Chapter 7 of the Fridley City Charter and Direct City Clerk to Examine the Signatures to Determine if the Petition is Sufficient .................................... 13 -17 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution Adopting the Proposed Budget for the Fiscal Year 2001 .... ✓ � 18-20 Resolution Certifying "Proposed" Tax � q Levy Requirements for 2001 to the County of Anoka .................................... 21 - 22 �O 6. Resolution Authorizing Changes in Appropriations for the General Fund for January through August, 2000 .................................... 23 - 25 l(� / 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Blaine Jaycees (Shorewood Restaurant) (Ward 2) ..........:......................... 26 - 27 �� 8. Resolution Appointing Additional Election Judges for the 2000 Primary and General Elections .................................. 28 - 29 (� 3 9. Resolution of Application for Minnesota Amateur Sports Commission/Minnesota Department of Children, Families & Learning Grant.................................... 30 - 37 � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2000 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSiNESS (CONTINUED): � 10. Resolution Designating Time and Number of Council Meetings for 2001 ............... 38 - 40 11. Resolution Declarin the Ci of Frid►e '� 9 �Y Y Commitment to Participate in the "Minnesota Cities: Building Quality Communities" Educational . Effort .................................... 41 - 42 12. Approve 2000-2001 Animal Control Contract Between the City of Fridley and Brighton Veterinary Hospital .......................... 43 - 47 13. Establish a Public Hearing for September 25, 2000, to Evaluate a Cable System Franchise Proposal Submitted by WideOpenWest Minnesota, LLC ................................ 48 14. Appointments— City Employees .. 15. Claims 16. Licenses 49 � .... 51 - 53 17. Estimates ................................... 54 ADOPTION OF AGENDA. �� � n K�� OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. �`� IA � ����- -�,�, d,r-, � �' P3 �e.� + 1 w N �'.vo ('j,tiw�w�;�v�, �wn�e u PUBLIC HEARING: j % I �% I I ' 18. Ordinance Repealing Chapter 207 and Amending Chapter 402 of the Fridley City Code, Pertaining to Water and Sewer Administration .................................... 55 �/ � g�� v y 6 � �15�- �A� CCa �- g'� 2-� �1 S � NEW BUSINESS: 19. First Reading of an OrdinancP Repealing Cnapter 207 and Amending Chapter 4�71 of the Fridley City Code, Pertaining to Water and Sewer Administration ...................... 56 - 69 �-wf�� 0�1.�� �� c�—� r�-�.� l�5...� ' ii 20. Informal Status Reports ......................... 70 .`�� r'�,.t�ruc IC �2�t' � �¢ (9', vp � � , C t— .S F�✓'r e�F �r 3 Q ADJOURN. �)��,� THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2000 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 14, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through your individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meetin� of Julv 24, 2000. APPROVED. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 2 NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JLTLY 19, 2000: RECEIVED THE MINUTES FO THE PLANNING COMMISSION MEETING OF NLY 19, 2000. 2. RESOLUTION NO. 55-2000 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE 2000 PRIMARY AND GENERAL ELECTIONS: Mr. Burns, City Manager, stated that this was consideration of a resolution designating polling places and appointing election judges for the 2000 primary and general elections. These appointments are for two-year terms. The head judges are appointed for specific precincts. The remainder are appointed without precinct assignments. The names come from lists of those with previous experience, lists provided by the political parties and from lists of names of individuals who have registered for election judge training. There is one change in polling places. The Ward 1, Precinct 4 polling place is being changed from Fridley High School to the Fridley Community Center. Staff recommended Council's approval. ADOPTED RESOLUTION NUMBER NO. 55-2000. 3. RESOLUTION NU. 56-2000 TO ANOKA RKING ON TH OLD CENTRAL (CSAH 35) AND THE COUNTY BOUNDARY: Mr. Burns, City Manager, stated that as a result of a citizen request, staff asked Anoka County to change parking restrictions on the north side of 73`d Avenue between Old Central Avenue and the County boundary on the east. The change would eliminate the current no parking restriction at all times and replace it with no parking between the hours of 8:00 a.m. and 4:00 p.m. on weekdays, excluding holidays. The County has agreed to make the change upon receipt of Council's resolution. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 56-2000. 4. RESOLUTION NO. 57-2000 AMENDING RESOLUTION NO. 50-2000 REQUESTING OFF SYSTEM STATE AID FUNDS ST NO. 2000 - 6(SAP 127-050- 003, SP 0205-80): Mr. Burns, City Manager, stated that we have been asked by the Minnesota State Aid Office to add indemnification language to a resolution passed and submitted earlier this year. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 3 ADOPTED RESOLUTION NO. 57-2000. 5. APPROVE CHANGE ORDER NO. 1 TO TH 47 WEST DITCH IMPROVEMENT PROJECT NO. ST. 2000 - 6: Mr. Burns, City Manager, stated that the proposed change order is for $7,550. Staff requested the change order for purposes of reconfiguring the bottom of the detention pond at the intersection of 79�' Way and Riverview Terrace. Earth from the University Avenue project would be moved to the detention pond to help eliminate the impact of spring water at the bottom of the pond. Staff recommended Council's approval. APPROVED CHANGE ORDER NO. 1 TO TH 47 WEST DITCH IMPROVE- MENT PROJECT NO. ST. 2000 - 6. 6. APPROVE CHANGE ORDER NO. 1 TO STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2000 -10: Mr. Burns, City Manager, stated that staff asked Council to approve a change order in the amount of $17,804.07 to be payable to Allied Blacktop Company for work done in conjunction with the 2000 sealcoat project. The work consisted of additional street segments and the sealcoating of the Little League parking lot. The total cost for the project was well within the amount budgeted. Staff recommended Council's approval. APPROVED CHANGE ORDER NO. 1 TO STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2000 - 10. 7. RECEIVE PROPOSALS AND AWARD DESIGN OF THE MOORE LAKE CAUSEWAY IMPROVEMENT PROJECT: Mr. Burns, City Manager, stated that staff recently requested design proposals from six engineering firms for additional widening of Highway 65 between I-694 and 63`a Avenue. One firm, SEH, responded with a proposed cost of $380,200. In designing the project, the consultant has been asked to widen the highway by adding additional north and southbound lanes without impacting the high water mark of Moore Lake. Accordingly, the project would be designed in a manner that would allow for the collection of surface water from the highway and the transmission of the surface water to a sedimentation basin at the northwest corner of the project. In addition to widening, the project also calls for a cantilever bikeway/walkway system and a fishing pier on the east side of the highway. Staff expected that the final design would be completed by June of 2001. This will enable staff to submit final plans for MnDOT and Federal funding in 2002. The costs for the design work would be covered from a State grant that was received in 1999. Staff recommended Council's approval. RECEIVED PROPOSALS AND AWARDED DESIGN OF THE MOORE LAKE CAUS`VAY IMPROVEMENT PROJECT TO SEH IN THE AMOUNT OF $380,2000. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 4 8. MOTION TO APPROVE THE DEFERRAL OF THE RIVERVIEW HEIGHTS ASSESSMENT FOR THE PROPERTY GENERALLY LOCATED AT 8295 BROAD AVENUE N.E. (WARD 3): Mr. Burns, City Manager, stated that staff has receive an application for special assessment deferral from Marie Streich of 8295 Broad Avenue until the property is sold. Ms. Streich was assessed $1,000 for the Riverview Heights improvement project. Since she meets the age and income requirements of our senior citizens deferral program we are recommending Council's approval. APPROVED THE DEFERRAL OF THE RIVERVIEW HEIGHTS ASSESSMENT FOR THE PROPERTY GENERALLY LOCATED AT 8295 BROAD AVENUE N.E. 9. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, stated that after interviewing nine candidates, staff was pleased to recommend the appointment of Deborah Kay Dahl as the City's new Human Resources Director. Debbie has a Bachelor's Degree from the University of Minnesota and is working on a Master's Degree in Human Resources at the same institution. Since March of 1997, she has served as a Human Resources Specialist with the City of Brooklyn Park. Between June of 1993 and March of 1997, Debbie worked as Brooklyn Park's "Come Home to the Park Coordinator." She also worked for Brooklyn Park as a Recreation Coordinator between November, 1991 and June, 1993. Prior to that, she worked for seven years as an employee services and events coordinator for Honeywell, Inc. If appointed, she will begin work on September 11, 2000. APPOINTED DEBORAH KAY DAHL AS THE CITY'S NEW HUMAN RESOURCES DIRECTOR. 10. CLAIMS: APPROVED CLAIM NOS. 94620 THROUGH 94952. 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 12. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederic W. Knaak Holstad and Knaak, P.L.C. St. Paul, MN 55110 FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 5 Services Rendered as City Attorney for the Month of July, 2000 Carl J. Newquist 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 May, 2000 Ron Kassa Construction 6005 - 250�' Street East Elko, NIN 55020 2000 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 330 Estimate No. 4 W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 2000 Street Improvement Project No. ST. 2000 - 1 Estimate No. 3 ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda. Wolfe. $ 5,000.00 $ 17,366.80 $ 4,194.44 $ 79,307.81 Seconded by Councilmember UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM.VISITORS: No persons in the audience spoke. PUBLIC HEARING: 13. REZONING REQUEST, ZOA #00-01, BY MASTER CIVIL ENGINEERING, INC , TO REZONE PROPERTY FROM M-1, LIGHT INDUSTRIAL, TO _R-4, MOBILE HOME PARKS, TO CONSTRUCT A TOT LOT, PLAYGRO�JND, FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 6 SOCCER AND BASKETBALL PARK, GENERALLY LOCATED AT 7400 TAYLOR STREET N.E. (WARD 2): MOTION by Councilmember Wolfe to open the public hearing and waive the reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:42 P.M. Ms. Dacy, Community Development Director, stated that this request was to rezone two parcels that are located immediately adjacent to Fridley Terrace Mobile Home Park from M-1 to R-4 district. The R-4 permits manufactured mobile home parks. The total acreage of the site is about 1.6 acres. The site plan proposes on one of the parcels a basketball court, tot lot, and a soccer area. This would provide a play area for the residents and children of the mobile home park. Baker Street is on the west side and the site would be serviced by a little asphalt trail coming down from the park amenities. It would be enclosed by a wood fence on the north and a one- way gate would be on the west side. The second parcel farther to the east is to be reconstructed as a parking hard surface area for placement and storage of larger types of vehicles. Ms. Dacy stated that these sites should be rezoned because an analysis indicated that formally incorporating and establishing these sites as part of the manufactured home development would tend to support the longevity of the park. It would also have more resistant control in terms of zoning and provide additional services for people living in the park. All of the facilities that exist on the eastern lot would be moved and the tot lot and basketball court would be established on the western side. The easterly lot would be paved for vehicle storage, new lights, and new wood fencing. Staff recommended approval to the Planning Commission based on the findings that the rezoning would not cause adverse circumstances to other properties, would make good use of the area, and would improve the quality and vitality of the manufactured home park. Mr. Don Gerberding, President of Master Engineering, stated that this was a good improvement for the City and the children of the park. He said his company has agreed to incorporate the landscaping w-ith preferential shrubs and deciduous trees. His company was willing to move forward with everything the Planning staff asked them to do. Councilmember Bolkcom asked about the issues regazding the children playing in the retention pond next door at the industrial site. Ms. Dacy stated that there were concerns regarding the type of fence along the north side of the proposed tot lot area. A larger fence was preferred. The Planning Commission felt the wood fence would be more appropriate and more in keeping with the character of what they are trying to create. Councilmember Bolkcom asked if the fence would be six feet tall. Mr. Gerberding stated that it would. He said he had a chance to visit with the industrial site owners. All agreed on the wood fence. Their main concern was that children may be able to FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14, 2000 PAGE 7 crawl over a six-foot chain link fence to get onto the property. Everyone was concerned about the liability. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:49 P.M. NEW BUSINESS: 14. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICT (REZONING REQUEST, ZOA #00-01): MOTION by Councilmember Wolfe to approve the first reading of an ordinance to amend the City Code by making a change in zoning districts with three stipulations: 1) Landscaping on the playground area shall be done in accordance to a revised plan, meeting code requirements and providing a mix of hardwood and coniferous species; 2) Code required paving and curbing of the storage area shall be completed by July 1, 2001; 3) Properties shall be combined with fee owners' adjoining property. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. INFORMAL STATUS REPORTS: Councilmember Bolkcom thanked everyone who attended the meeting on August 2 regarding the Northstar Corridor. Councilmember Bolkcom asked Ms. Dacy if they mentioned that there was going to be a public hearing about the commuter rail on August 16. Ms. Dacy stated that because of the amount of comment, they thought it best to have the hearing during one of the two meetings in September by the Planning Commission. A letter will be mailed ten days in advance of that meeting. Councilmember Bolkcom stated that National Night Out went very well with a big turnout. She wanted to thank everyone for participating and thank the block captains. Councilmember Barnette stated that on National Night Out he had the pleasure of attending the Fridley Terrace site. He felt that the proposed was an appropriate play area for the many children that live there. Mayor Jorgenson stated that National Night Out was a very enjoyable evening. FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 14. 2000 PAGE 8 ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE AUGUST 14, 2000, CITY COLTNCIL MEETING ADJOURNED AT 8:55 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor � AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 28, 2000 CRY OF FRIDLEY Date: 8/21 /00 � To: William Burns, City Manager �� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Second reading of ZOA #00-01 M-00-139 INTRODUCTION Cal-Am Properties, owner of Fridley Terrace, has initiated a rezoning of Lot 8, Block 1, Nagels Woodlands, & The south 161.63' of the north 785.13' of the west 200' of the east 46 acres of the north half of section 12, township 30 range 24, from a M-1 zoning district to a R-4 zoning district. PLANNING COMMISSION ACTION At the July 19, 2000 Planning Commission meeting, a public hearing was held for ZOA 00-01. After reviewing the proposal, a motion was made to recommend approval of the rezoning request. The motion passed unanimously. CITY COUNCIL ACTION At the August 14, 2000 City Council meeting, a public hearing and the first reading of the ordinance to rezone this property was held. PLANNING STAFF RECOMMENDATION City staff recommends that the City Council hold the second reading of the ordinance to rezone the property. 1 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 8, Block 1, Nagels Woodlands, & The south 161.63' of the north 785.13' of the west 200' of the east 46 acres of the north half of section 12, township 30 range 24, as recorded at the office of the Anoka County Recorder, generally located at 7601 Baker Street. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1, Light Industrial to R-4, Mobil Home Parks. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF _�Y_, 2000. ATf EST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: August 14, 2000 August 14, 2000 August 28, 2000 2 NANCY J. JORGENSON - MAYOR City of Fridley Land Use Application ZOA-00-01 July 19, 2000 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Cal-Am Properties, Inc. Master Engineering 16255 Ventura Blvd. #410 2021 Hennepin Ave. Encino, CA 91436 Mpls, MN 55413 Requested Acrion: Rezone property to R-4. Existing Zoning: M-1 Industrial Location: 7601 Baker Street Size: 36,700 square feet 1.6 acres Existing Land Use: Vacant. Surrounding Land Use & Zoning: N: Industrial & M-1 E: Industrial & M-1 S: MH Park & R� W: Duplex & R-2 Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning History: • According to address file, property has never been developed. Legal Description of Property: Lot 8, Block 1, Nagels Woodlands, & The south 161.63' of the north 785.13' of the west 200' of the east 46 acres of the north half of section 12, township 30 range 24. Council Action / 60 Day Action Deadline: August 14, 2000 / August 15, 2000 Public Utilities: Located near property. Transportarion: Baker Street & private roads in MH park provide access to this property. Physical Characteristics: Relatively flat, grass covered lot. � SUNIMARY OF REQUEST Fridley Terrace recently purchased the property along Baker Street to construct a tot lot, playground, soccer & basketball park. Another portion of property, previously purchased by Fridley Teirace and used as their fenced in outdoor storage area is also included in the rezoning request. Rezoning to R� would a11ow the properiy to become part of the adjoining manufactured home park. SUMMARY OF ANALYSIS City Staff recommends approval of this rezoning request, with stipulations • would allow the playground area to become a part of the mh park • landscaping provided by park would improve image of tlus azea Staff Report Prepared by: Scott Hickok ZOA-00-01 ANALYSIS The vacant property located at 7601 Baker has been zoned M-1, Industrial. Fridley Terrace recently purchased the property to construct a tot lot, playground, soccer & basketball park. Another portion of property, previously purchased by Fridley TeRace and used as their fenced in outdoor storage area is also included in the rezoning request. Rezoning to R-4 would allow the property to become part of the adjoining manufactured home park. The proposed play area will be nicely landscaped and the current gravel storage area will be paved and guttered as per City code. RECOMMENDATION City Staff recommends approval of this rezoning request, with stipulafions. � The proposed park will be an amenity to this area. • The gravel storage area will meet code requirements for paving 8� curbing. STIPULATIONS City Staff recommends the following stipulations be attached to the approval of this rezoning request. 1. Landscaping on playground area shall be done in accordance to a revised plan, meeting code requirements and providing a mix of hardwood & coniferous species. 2. Code required paving & curbing of storage area shall be completed by July 1, 2001. 3. Properties shall be combined with fee owners adjoining property. � / AGENDAITEM � CITY COUNCIL MEETING OF AUGUST 28 , 2000 CRY OF FRIDLEY Date: 8/23/00 To: Wiiliam Burns, City Manage��,�C° From: Paul Bolin, Planner Scott Hickok, Planning Coordinator Barbara Dacy, Community Development Director RE: VAR #00-19 (Bruce Kath —1352 Hillcrest) M-00-141 INTRODUCTION Petitioner is seeking to reduce the required sideyard setback, for an enclosed porch, from 10' to 5' to recognize an existing non-conformity. The enclosed deck, at 1352 Hillcrest, has existed since 1985 and provides stair access down the steep grade into the rear yard. APPEALS COMMISSION ACTION At the August 9, 2000 Appeals Commission meeting, a public hearing was held for VAR #00-19. The neighbors immediately to the east of the Kath's home raised objections to the granting of the variance. After a discussion that included the Appeals commission mentioning that the deck has existed for 15 years, is constructed to building code standards, and is within previously granted dimensions, a motion was made to recommend approval of the variance request with the stipulation presented by staff. The motion carried unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends the City Council concur with the Appeals Commission recommendation of approval for VAR #00-19. �� City of Fridley Land Use Application VAR #00-19 August 9, 2000 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Bruce A. Kath & Julie Archer-Kath 1352 Hillcrest Drive Fridley, MN 55432 Requested Action: Variance to reduce sideyard setback to allow the reconstruction of an open deck. Exisbng Zoning: R-1 (Single Family Residential) Location: 1352 Hillcrest Drive Size: 14,020 sq. ft. .32 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conforn�ance: Sec. 205.07.03.D.(2).(a) requires a side yard setback of 10'. Zoning History: 1947 - Lot is platted. 1967 - Home is built. 1983 — Deck is built. 1985 — Deck is screened in. Legal Description of Property: Part of Lot 13, Blk 3, Moore Lake Hills Public Utilities: Home is connected. Transportation: Hillcrest provides access to site. Physical Characteristics: Typical suburban landscaping. � SLfMMARY OF PROJECT Petitioner is seeking to reduce the required sideyard setback, for an enclosed porch, from 10' to 5' to recognize an existing non-confomuty. 'The enclosed deck has existed since 1985 and provides stair access down the steep grade into the rear yard. SUMMARY OF HARDSffiP "We had to do something because of the water collecting around the foundation of our house and the flooding that would occur during heavy rainfall... We then rocked the side of the house....in 1983..we decided to build a wood patio. .. We also built wood steps going down the hill to the back yard. This allowed us to walk on the east side of the house without worrying about slipping or pushing rock into the back yard...In 1985... we decided to screen in the patio. " — Brzcce Kath SUMMARY OF ANALYSIS City Staff has no recommendation, as similar variances have been granted in the past. Similar variance granted: VAR #98-OS 150 Talmadge Way Sideyard setback reduced to 4.4'. CITY COUNCIL ACTION/ 60 DAY DATE CC-8/28/00 _ (home & screen porch) Staff Report Prepared by: Paul Bolin VAR #00-19 REQUEST Petitioner is seeking to reduce the required sideyard setback, for an enclosed porch, from 10' to 5' to recognize an existing non-conformity. The enclosed deck has existed since 1985 and provides stair access down the steep grade into the rear yard. SLfMMARY OF HARDSHIP "We had to do something because of the water collecting around the foundation of our house and the flooding that would occur during heavy rainfall... We then rocked the side of the house....in 1983..we decided to build a wood patio. .. We also built wood steps going down the hill to the back yard. This allowed us to walk on the east side of the house without worrying about slipping or pushing rock into the back yard. ..In 1985... we decided to screen in the patio. "— Bruce Kath Full hardship statement attached. ANALYSIS The property is located on Hillcrest Drive. The lot is somewhat irregularly shaped, with the home being "squared up" to and fronting on Hillcrest Drive. The lot is a"walk-out" with a severe slope on the east (screen porch) side of the home. The existing home was built in 1967. The covered screen porch was constructed in 1985. The City building staff has examined the screen porch and detemuned it to be structurally sound. RECOMMENDATIONS City Staff has no recommendation, as similar variances have been granted in the past. Similar variance granted: VAR #98-OS 150 Talmadge Way Sideyard setback reduced to 4.4'. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits. �� CITY OF FRIDLEY APPEALS COMISSION MEETING AUGUST 9, 2000 1. PUBLIC HEARING: VARIANCE REQUEST, VAR #00-19, BY BRUCE A KATH � JULIE ARCHER-KATH: Per Section 205.07.04.D.(2).(a) of the Fridley Zoning Code, to reduce the required side yard setback for living area from 10 feet to 5 feet to recognize an existing nonconformity on Lot 13, Block 3, Moore Lake Hills, generally located at 1352 Hillcrest Drive. MOTION by Dr. Vos, seconded by Mr. Tynjala, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:31 P.M. Mr. Bolin stated that the petitioners are seeking to reduce the required side yard setback for an enclosed porch from 10 feet to 5 feet to recognize an existing non- conformity. The enclosed deck on their property has existed since 1985 and it provides stair access down the steep grade into the rear yard. In the early 1980s, the petitioner was having water problems. Water was running up against the house and causing problems. The petitioner then put rock on that side of the house which took care of some af the problems but did not leave much room to get to the back yard. The petitioner then built a deck with steps going down the hill. In 1985, the petitioner re- roofed his home and put the roof over what was once an open porch, making an enclosed porch. The enclosed porch now requires a variance. Mr. Bolin stated the home is on the north side of the northern portion of the Hillcrest loop in the road. The property is zoned R-1, single family, as are all the properties surrounding it. The petitioner's hardship statement is: "We had to do something because of the water collecting around the foundation of our house and the flooding that would occur during heavy rainfall. We then rocked the side of the house in 1983. We decided to build a wood patio. We also built wood steps going down the hill to the backyard. This allowed us to walk on the east side of the house without worrying about slipping or pushing rock into the back yard. In 1985, we decided to screen in the patio." Mr. Bolin stated that the eaves of the porch hang out within two feet of the property line which is allowable by the building code. Staff has no recommendation on this request, as it is within previously granted dimensions. A similar variance was granted at 150 Talmadge Way where the side yard setback was reduced to 4.4 feet for living area. If the variance is approved, staff recommends the following stipulation: 1. The petitioner shall obtain all necessary building permits. Ms. Jackson asked if a building permit was obtained when the porch was built in 1985. Mr. Bolin stated there was not. C�7 � APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 2 Ms. Jackson asked if it would have been required at that time. Mr. Bolin stated that a permit and a variance would have been required at that time. Mr. Kuechle asked if the petitioners were replacing the porch exactly the way it was. Mr. Bolin stated, yes. The enclosed porch is illegal non-conforming because it does not have a variance and was erected without building permits. The granting of the variance would rectify that situation by recognizing this non-conformity that has been there since 1985 and would allow a building permit to be issued for the enclosed patio. The Building Official has inspected the deck, and everything is built to code so there are no building-related issues with this. Mr. Kuechle asked what was triggering this request at this point. Mr. Bolin stated that it came about as a result of a complaint. Staff checked the files and found that a variance had not been granted and a building permit had never been issued. Dr. Vos asked if the porch was at a five-foot setback along the whole length of the porch. Mr. Bolin stated that it was only five feet at the front corner and as you go toward the back yard it gets further from the property line. Dr. Vos asked how much of that length was without a variance. Mr. Bolin stated all of it is without a variance because it gets to about nine feet at the other side. Dr. Vos stated that the stairs could be within the setback area. Mr. Bolin stated that, yes, the stairs could be within that setback area. Mr. Jones asked when the first complaint was registered with this property. Mr. Bolin stated that the complaint was registered in late spring of this year. Mr. Bruce Kath, the petitioner, stated that he had photos if the Commission was interested in looking at more of the deck. Dr. Vos asked what the petitioners were going to do if the variance was not approved. Mr. Kath stated that they will have to do whatever the Commission tells them to do. Dr. Vos stated that part of the porch could be sliced off and still be within ten feet of the property line. 0 APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 3 Mr. Kuechle asked if the porch is ten feet wide. Mr. Bolin stated that it is 10'/ feet wide. Mr. Kuechle asked if they would need a variance if the porch is open. Mr. Bolin stated that then they could be within five feet of the property line. Dr. Vos asked what would happen if it was a deck without anything. Mr. Bolin stated that then it would be five feet as well. Ms. Jackson stated that the home to the left of the petitioners' home had a narrow walkway around the side to the back. Mr. Kath stated they do not have a walkway. They put an addition on. If they took the structure down and left a deck there, it would be virtually useless. One of the main reasons they enclosed the deck was because of the bug infested neighbor's back yard. Mr. Jones stated that it seems like this whole situation stemmed from trying to resolve some water problems. Ms. Kath stated they have damage in the basement and were advised that they needed some stonework. They did that and it alleviated some of the water problems. They then had the problem of walking to the backyard with the stones so then they decided to build the deck. Dr. Vos stated there is a drain coming out of the retaining wall. Ms. Kath stated there are two drains. Dr. Vos asked if they drain to the west toward their property. Ms. Kath stated, yes. Mr. Kath stated that he imagines that the drains are plugged up. Mr. Jones asked if the retaining wall was on the property line. Mr. Bolin stated that it is about one foot away from the property line. Ms. Rose Meyerhoff, stated that she lived in the house next door at 1350 Hillcrest Drive. They are going to sell their house and feel that having this non-conforming porch so close next door would be detrimental to the value of their house. She was not under the impression that this porch was built a few years ago. When they went to the Municipal Center in May to ask if the porch was built outside of the ten feet ordinance requirement, they were informed that the assessor recorded the porch being there in 1998. Four years before when the assessor was there, there was not a porch. She is concerned that if the petitioners sell their house, the new owners will not take the porch 10 APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 4 down. The reason that they did not say anything before is because they did not want to cause any problems and be a good neighbor. They would not have a problem with a cement floor there instead or stairs going down to the backyard. Mr. Peter Meyerhoff stated that they felt that this was going to affect the value of their house and went to an appraiser. They received a letter from the appraiser stating that the condition of the porch would affect the marketability of their house. As far as the storm drain holes near his house, he would be glad to plug them up if he has to. Dr. Vos stated there is pretty good drainage coming off the petitioners' property onto the neighbor's property so he can see there is a water problem. Mr. Meyerhoff stated that they live on a hill and all the water runs down. Dr. Vos stated that he knows it runs down, but they have to try to keep as much on their own property as possible. Ms. Jackson asked if the only window that faces this porch is in their garage. Ms. Meyerhoff stated that most of the living room faces the porch. Mr. Kath stated that the wood patio was installed fourteen years ago. Ms. Meyerhoff stated they have no problem with the patio, only the porch. MOTION by Dr. Vos, seconded by Mr. Jones, to receive the letter written by the appraiser as presented by Mr. & Mrs. Meyerhoff UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Jones, seconded by Ms. Jackson, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:58 P.M. Dr. Vos stated that looking at the paper copy that shows that this has been existing for a decade or two, the first thing that came to mind is the sale of the property next door. He does not know how to resolve that. There is a pretty good distance befinreen the structure and the living quarters of the 1350 Hillcrest Drive house. There is not a level look with a drop of at least five to six feet from one house to the other. He would be inclined to vote in favor of the variance request. Mr. Kuechle stated that if this came before them without the issue of the possibility of reduced adjacent property value, he would be in favor of approval. Since the majority of the encroachment is along the garage side and the garage is higher than the neighboring building the affects are minimized. He would also recommend approval. 11 APPEALS COMMISSION MEETING, AUGUST 9, 2000 PAGE 5 Mr. Tynjala agreed. This is within previously granted dimensions. The structure is up to code and he is a little dubious of the appraiser's letter because you can get an appraiser to say about anything. He would vote in app�oval of the variance request. Ms. Jackson stated that it is unfortunate that a building permit was not taken out in the beginning. She appreciates that the neighbors were concerned but didn't want to cause any problems. She empathizes with the water problem. People need to protect their property. It has been there a long time and the structure is solid. If the neighbors could show that the assessor reduced their taxes there may be evidence of reduced property value but she does not think that happened. Mr. Jones stated that he can appreciate the water damage issue and responsibility of where the water is coming from. This has been there a long time and it is past the City being involved. He would vote for approval. Mr. Kuechle stated that because it has been in existence for a long time would not be a reason to approve it. Mr. Jones stated they have approved similar variances in the past and he feels that there is a water problem there that the petitioners have worked very hard to solve. The water was not necessarily coming from their property and no one came forward to help them. He would vote in favor of this variance. Ms. Jackson stated that the rocks address the water problem. The neighbors do not object to the rock. That also creates a safety issue for the homeowners to get to the front to the back and that is why they needed a deck and a stairway. The rocks are related to the stairs which are related to the deck. MOTION by Dr. Vos, seconded by Mr. Jones, to recommend approval of Variance Request, VAR #00-19, by Bruce A. Kath and Julie A. Archer-Kath with the following stipulation: 1. The petitioner shall obtain all necessary permits prior to construction. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated that this would go to City Council on August 28, 2000. 12 � CfTY OF PRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF August 28, 2000 William W. Burns, City Manager�,r� I� Richard D. Pribyl, Finance Director Deb Skogen, City Clerk August 23, 2000 Receive Petition to Amend Fridley City Charter According to Minnesota State Statutes, Section, 410.12, Attachment 1, the City Charter may be amended when a number of registered voters, equal to 5% of the total votes cast at the last state general election in the city, sign and file a petition with the Charter Commission at least 12 weeks before the general election. On August 14, 2000 the city clerk received a petition, Attachment � to amend the Fridley City Charter by requiring voter approval for tax increases beyond specified inflationary adjustments, or to create, expand or increase various fees. Upon a brief review of the petition, it was estimated that there were approximately 947 signatures. 5% of the 12,614 votes cast in the 1998 State General Election would require 631 signatures. The Petition Committee met the time requirement and the number of signatures needed. After a petition has been received, it must be filed with the Charter Commission. The Charter Commission met on Monday, August 21, 2000 to receive the petition. The Charter Commission attorney directed the Commission to receive the petition and forward it to the City Council without changes. After some discussion, the Charter Commission passed the following motion, "A majority of those present are not in favor of this proposed amendment because it imposes severe restrictions on the City Council which are unwarranted and very restrictive in how taxes and fees are changed." In addition, the Charter Commission passed another motion encouraging the City Council to publish and provide information to all residents, similar to what was done with the franchise fee, as much as possible before the election. Within ten days after such petition is transmitted to the city council, the city clerk shall deterniine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk is currently reviewing the signatures to see if there are enough signatures for the petition to be sufficient. If the petition is found to be insufficient, the Committee would be given an additional ten days to file a supplementary petition. If the petition is found to be sufficient, the amendment shall be submitted to the voters at the general election. The city clerk shall complete the examination of the signatures and report back to the City Council on September 11`h. At that time the City Council shall approve a resolution placing the amendment on the ballot of the General Election in November and a resolution adopting the ballot language. Staff recommends the City Council receive the petition and direct the City Clerk to examine the signatures to determine if the petition is sufficient and report back to the City Council on September 11�'. 13 Page 6 of 12 Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 weeks before the general election. Only registered voters are el_gible to sign the petition. All petitiona circulated with respect to a charter amendment shall be unifozm in character and sha21 have attached thereto the text of the proposed amendment in €ull; except that in the case of a proposed amendment c:ontaininq more than 1,000 words, a true and correct copy of the same may be filed Nith the city clerk, and the petition shall tnen cor.tain a summary of not less than 50 nor more than 300 words setting fortn in substance the na*_ure of the proposerl amena.aer.t. Such summary shall contain a statement oE the abjects and purposes of the amendment proposed and an out2ine of any proposed new scheme or frame work of government and shaZl be sufficient to inform the sigr.ers of the petition as to what chang= in govprnment is sought *_o be accomplished by the amer:d�er.t. The summary, together with a copy of the progosed amendmenc, shall first be submit*_ed to the charter cou�nissfon for its approcal as to form and substance. The commissicn shall �ithin ten days after such submission to it, return the same to the c=oposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. la. Alternative methods of charter amendment. A home rile charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. S�,bd. 2. Petitions. The siqnatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator therecf as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate aiter the siqnature the place of residence by street and r.umbec, or other description sufficient to identify the ��ace. There shall appear on each petition the names and a�:dresses of five electors of the city, and on each oaper tae r.ames and addresses of the same five electors, who, as a ��e;nmi:tee of the petitior.ers, shall be regazded as responsible for th2 circulation and fiiing oP the getition. The affidavit attached to each petitior. shall be as follows: State of ................ 1 ) ss. County o� ............... ) .......................... heing duly sworn, deposes and says that the affiar,t, and the af£iant only, personally ci:culated �he foreqoing paper, that all the siqnatures appended �here�o were made in the affiant's preser.ce, and that the affiar�t believPS them to be the genuine signatures of the persons whose names tney aurport to be. Signed............................ iSignatura of Circulator) Subscribed and sworn to before me t^is ....... day of ...... ....... Notary Public (or other officer) l�ttp://ww�v.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 8/24,J00 Page 5 of 12 Attac�ent 1 be submitted at a special election to be held within 90 days after the delivery of such draft. The council or other governing hody may call a speciai election for that purpose only at any time. Ii the election is held at the same time with the general election, the voting places and election officers shall be the same for both elections. At any time before the council has fixed the date of the election upon the proposed charter, the charter commission may recall it £or further action; and the ccuncil may suthorize recall of the charter by the commission at any later date prior to the fitst publication of the proposed cnarter. Subd. 2. Election notice; publication. The notice of electien sha11 contain the complete charter and shall be oublished once a week for two successive weeks in the official ne�spaper of the city, or if there be none, in a legal newspaper of general circulation in the city. In every city o£ the first c2ass, the publication shall be made in a newspaper having an aggregate regvlar paid circulation of at least 25,000 copies. ':"r:e governinq body may in addition thereto publish the notice in a!:y or_her legal newspaoer published in the city. Subd. 3. Ballot wards,_form. The ballot shall bear the printed words, "Shall the proposed new charter be adopted? tes.... [ap....," with a square after each of the last two words, in which the voter may place a cross to express a choice. If any part o� such charter he submitted in the alternative, the ballot shall be so grinted as to permit the voter to indicate a preforence in any instance by inserting a cross in like manner. Subd. 4. Rejection; later proposals. If any charter so submitted be rejected the charter commission m.ay propose ethers from time to time until one is adopted. HZST: (1299) RL s 759; 1909 c 214 s 1; 1959 c 305 s 5; 1961 c 6C8 s 4; 1973 c 123 art 5 s 7; 1986 c 494 ==,10.1= 4i0.11 Adop�ion; notice, effective date. Zi 51 percent of the votes cast on the proposition are in f�;vcr af the pr000sed charter, it shall be considered adopted; and, if ar.y provisions thereof are submitted in the alternative, �hose ratified by a majority of the vo*es cast thereon shall prerail. If the charter is adepted, the city clerk shall file with the secretary of state, the county recorder of the county irt «hich the city lies, and in the city clerk's cffice a copy of :he charter acccmpanied by a certificate aktesting to the accuracy of tne copy and giving the date of the election and the vo�e by which the charter was adopted. The charter shall take vf°ect 3C 3ays after tne election, or at such other time as is f'_xed in �he charter, and shall ther supersede all other charter prcvis'ens relatinq to such city. Thereupon the courts shall take judici=l notice o: the new charter and, upon the election o: o__i�ers *_hereunde-, the off:cials of the former corporation sha:i deiiver to them the records, mor.ey and other public property ir. their control. HZST: (1285} RL s 755; 1959 c 305 s 2; 1969 c 1027 5 1; T9']3 c 123 art 5 s 7; 1976 c 181 s 2; 1986 c 499 ==4.�.12 4i0.12 Amendr.lents. http:/lwwtiv.revisor.leg.state.mn.us/cg-bin/getstatchap.pl 8/24i00 Page 7 of' 12 autharized to administer oaths The foregoing a�fidavit sha12 be strictly construed and any af°iant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existinq law. Subd. 3. May be assembled as one petition. All petition Qapers for a proposed amendment shall he assembled and fiied with �he charter commission as one instrument. Within ten days after such petition is tzansmi*ted to the city council, the ci�y cle=•k shall determine whether each paper of the petition is properly attested and whether the peti�ion is signed by a saf�icient number of voters. The city clerk shali declare any oetition paper entirely invalid which is not attested by the ..:*culator :hereof as required in this section. Unon completing ar. examination of the petition, t�e city clerk shall certify the r_s�lt of tne examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk s?�all se* forth in a certificate the particulars in which it is d>__°ecrive and shall at once notify the committee of the ce:itioners of the findings. A pe*_ition may �e amended at any tiTe within ten days after the making of a certificate of i^sufficiency by the cit:: clerk, by filing a supplementary peti:±on upon ad.�'.itional papers siqned and filed as provided in case o° an origiral petitien. The city clerk shail within five days after such amendment is filed, make examination of the amer:ded petition, and if the certi_°icate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners ci tne findings and no further action shall be had on such ir.sufficient petition. The findinq of the insufficiency of a pet;ticn shall no= prejudice the filir.g of a new petition for tne same purpose. Subd. 4. Election. P.cner.dments sha11 be submitted to ��e qualified vcters at a general or special elec*_ion and pub:isF:ed as in t^e case ci the origir.al charter. The form of *_he ballot shall be fixed by the gove.rnir,q body. Tha statement c� t^e question on the baliot shall be sufficient to identify �he amendment clearly and to distincuish the ouestion from every ct^:er questioa or. the ballot at the same time. If 52 percent of �ne vctes cast on any amen�ment are in fevor of its adoption, cocies of the amzadment and certi�icates shall be filed, as in the case of the ozir,inal charter an3 the amendment shall take ef?act in 30 days from t^e date o* the election cr at such other time as is fir.ed in the amendment. Subd. 5. Ar.:endmants proposed by ccuncil. The ce;:nci2 0` any city having a hone rule charter may propose charter amendments to the voters by ordiaance. Any ordinance ;ro�os'ng sucn ar, amendr„ent shall be submitted tc the charter _...-u:issi�r.. Withir: o'C da•ys therea_ter, the charter commission sha':2 _=view the groposed amendaent bu� before the expiration of suc�_ �ericd the cc�:�issicn may ex�e^.d the time fcr review for an acditional 90 days by filing with the city c'_erk its resolution da�ermin_av that ar. additional time for teview is needed. After re�:ie.r�nc the proposed am_ndment, the charter commission shall aperove or reject the proposed amendment or sugqest a substitute amendment. The commissian shali promptly notify the council of :he action taken. On notification of the charter coenmission's action, the counci: may submit Co the people, in the �ame manner as orovided in subdivision 4, the amer.dment originally proposed br it or �he subsc'_tute amendment proposed hy the charter http:/htilvw.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 8/24/00 ' Proposed City Charter Amendment Language to be removed is et�teken Attacheent 2 I.anguage to be added is boid and underlined. The fotlowing modifications are proposed for CHAPTER 7 of the ciry charter, tided TAXATTON AND FINANCES: Section 7.02. POWER OF TAXAT'ION. 1. , ,. 2. The City Councit may also lery a tax +�y-yeer against real and personal property within the City in addition to said limit as defined in paragraph 1 provided the Counci! shall: A. Adopt a resolution declaring the necessiry for an additional tax levy and spccifying the purposes for which such additional tax levy is required. B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of die City setting farth the contents of the resolution described in Subdivision A. C. Adopt after such pubhc hearing a resolution by�aa aff"umahve vote of a least four (4��meu�bess� �� , � •s; r:: Council wfiich �'' `. shayl be `p'resented` as a clear: an��coticis� .. �iin° , _ _ _ _ . --- _, . - --- v _; : �.,. :� ,,. , D The addifional tax tev�siiall take effect if 51% of the votes cast at said elecHoa are iri�' avor "+' adopHon. : ,, ': _ . .. _ ,. •;tir � .:-� . - 3 Anv other fees created `or incteased' bevond the limifs set `forth in snbsection i: :shall renuire''vofet ap,provai as stloulated in subsect'ion 2. •" �^-�" '' . . . , ... ,. .., A For the parposes of this "sutisection "fees° iriclades`bat ls nof necessaril�limited�fo sa�es an�w6`st tFouarv monetarv-charge by cltv�overnment. ;, ' - ` "'= '. .. . . . ie "nnrnncnc nf thia anhcoofinni :��faaa��. dnpc nnt'3nclode� ; Parks and Recreation Deosr'tment ition of a tax or fee base. add aa ezfension of an ezptrine tax or fee" _ , _ ,_ . _> . .. . -:. . : , , , _,. „___.._, .u= : -;.i==;� instrumeniality`of or within'the citv. " `' , "`i" `• ' . �_..,:-. E For fHe p"nrpose of addressinQ nataral dissstets'tBis snbsection ddes'nof aabiv to any specific'emerQgp�y measare sutborized in Ghapter 7 sectIon':08 (7.08Z " ?� --R° -" TO: WILLIAM W. BURNS, CITY MANAGER� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: RESOLUTION ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 2001 DATE: August 11, 2000 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the 2001 "proposed" budget. Chapter 275 requires the City to certify a"proposed" budget to the County Auditor prior to September 15. We request the City Council pass the attached resolution and adopt the2001 "proposed" budget. RDP/ce Attachment : RESOLUTION NO. - 2000 A RESOLUTION ADOPTING THE PROPOSED BUDGET FOR THE FISCAL YEAR 2001 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare 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 IT RESOLVED thatthe following budget be adopted and approved: GENERALFUND Taxes and Special Assessments: Current Ad Valorem Deliquent, Penaities, Forfeited Special Assessments Licenses and Permits Licenses Permits Intergovernmental: Federal State- Locai Government Aid Homestead and Agriculture Credit Aid All Other Charges for Services: General Government Public Safety Conservation of Health Recreation Fines and Forfeits Interest on Investments Miscelianeous Revenues Other Financing Sources: Sales of General Fixed Assets Liquor Fund Closed Debt Service Fund Employee Benefit Fund Police Activity Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND ESTIMATED REVENUE $ 4,016,800 54,000 6,000 186,000 653,000 5,000 1,687,729 1,069,173 535,782 800,410 150,525 12,500 236,300 190,500 435,000 153,600 20,000 300,000 232,900 150,000 193,105 11,088,324 575,698 $ 11,664,022 19 Legislative: City Council Planning Commissions Other Commissions City Management: General Management Personnel Legal Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Civil Defense Fire: Fire Rental Inspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Recreation: Recreation Naturalist Community Development Buiiding Inspection Pianning Reserve: Emergency Nondepartmental: APPROPRIATIONS $ 119,380 1,760 3,351 286,552 140,973 296,298 1,025 602,715 149,686 272,445 148,641 3,492,745 15,629 873,361 97,156 238,126 508,822 203,600 906,610 1,282,330 818,617 280,820 304,315 445,545 100,000 73,520 $ 11,664,022 SiPECIAL REVENUE FUNDS Cable N Fund Grant Management Fund Solid Waste Abatement Fund Housing Revitialization Fund Police Activity Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUND Capital Improvement Fund Taxes-Current Ad Valorem HACA Interest on Investments Park Fees Fund Balance TOTAL CAPITAL PROJECTS FUND $151,000 432,530 277,500 250,000 115,000 78.786 $ 1,304,816 $ 70,550 15,000 417,225 30,000 81 2 $ 1,348,400 General Capital Improvement Streets Capital Improvement Parics Capital Improvement $ 114,481 432,530 314,700 250,000 193,105 $ 1,304,816 $ 204,000 830,000 314,400 $ 1,348,400 AGENCY FUND Six Cities Watershed Fund Taxes-Current Ad Valorem 6,200 Six Cities Watershed 6,200 TOTAL AGENCY FUND $ 6,200 $ 6,200 TOTAL ALL FUNOS $ 14,323,438 $ 14,323,438 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF AUGUST 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK a�aioo Z� NANCY J. JORGENSON - MAYOf 0 A� TO: WILLIAM W. BURNS, CITY MANAGER �Q[ FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: RESOLUTION CERTIFYING THE "PROPOSED" TAX LEVY REQUIREMENTS FOR 2001 TO THE COUNTY OF ANOKA FOR COLLECTION WITH NO TAX INCREASE DATE: August 11, 2000 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a resolution certifing the "proposed" tax levy requirements to the Anoka County Auditor. Chapter 275 requires the City to certify its "proposed" tax levy requirements prior to September 15. The staff is recommending a2001 "proposed" tax levy of$4,137,304. This is a 5% increase from what has been approved for the past five years. We request the City Council pass the attached resolution to certify the "proposed" tax levy requirements. RDP/ce Attachment 21 RESOLUTION NO. - 2000 A RESOLUTION CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 2001 TO THE COUNTY OF ANOKA WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its "proposed" tax levy requirements to the County Auditor; NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following "proposed" tax levy to be levied in 2000 for the year 2001. GENERAL FUND General Fund CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND $ 4,137,304 72,667 Six Cities Watershed Management Organization 6,200 Stonybrook Creek Sub-Watershed District TOTAL ALL FUNDS 8,900 $ 4,225,071 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF AUGUST, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK 22 NANCY J. JORGENSON - MAYOR TO: WILLIAM W. BURNS, CITY MANAGER �t�l' FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: MODIFICATIONS TO THE 2000 BUDGET DATE: AUGUST 18, 2000 Attached you will find a resolution amending appropriations to the2000 budget in accordance with the City Charter. The adjustments listed have arisen as a result various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget reappropriation form. We request that the Council approve the amendment of the attached budgets. RDP/ce Attachment 23 Resolution # - 2000 A RES.OLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR JANUARY THRU AUGUST, 2000 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 2000. NOW, THEREFORE, BE IT RESOLVED that the General Fund and Capital Improvement Fund budgets for the folfowing divisions be amended as follows: GENERAL FUND REVENUE ADJUSTMENTS Police-Grant Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Fire-Donation Fire-Reimbursement Recreation-Donation APPROPRIATION ADJUSTMENTS Police-Personal Services Police-Personal Services Police-Personal Services Police-Personal Services Police-Personal Services Police-Personal Services Fire-Supplies Fire-SupplieslCharges Recreati on-Su ppl ies/Cha rges 5,608 5,946 4,796 3,250 1,200 1,200 1,000 123 75 ��� 5,608 5,946 4,796 3,250 1,200 1,200 1,000 123 75 23• 198 24 State of Minnesota City of Blaine State of Minnesota Anoka Country Anoka Country Anoka Country Fridley Lions Club Anoka Cty Fire Protect Council Norwest Bank Juvenile Accountability Truancy Program Emergency Mgm't Program Detox Transportation Drug Task Force Drug Task Force Smoke Detectors Training Course Video Dance Party CAPITAL IMPROVEMENT FUND GENERAL CAPITAL IMPROVEMENT REVENUE ADJUSTMENTS Fund Balance Fund Balance Fund Balance Fund Balance 63,064 35,539 25,272 16,172 140.047 APPROPRIATION ADJUSTMENTS Election Equipment Muni Center Plaza Improvements Emergency Generator Muni Center Security System Capital Outlay 63,064 Election Equipment Capital Outiay 35,539 Muni Center Plaza Improvements Capital Outlay 25,272 Emergency Generator Capital Outlay 16,172 Muni Center Security System 140•047 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH, DAY OF August, 2000. NANCY J. JORGENSON - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK FIe=WlAcctg\BudgeflReappropriation /00 Jan-Aug Reappropriations.XLS 8/18/00 25 � � UT7 OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF August 28, 2000 William W. Burns, City Manager�� � Richard D. Pribyl, Finance Director Deb Skogen, City Clerk August 23, 2000 Blaine Jaycees Gambling Premise Permit Applicallon Shorewood Restaurant, 6161 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Minnesota Youth Athletic Services (MYAS) is currently conducting charitable gambling at Shorewood Restaurant, 6161 Highway 65 NE, however, their lease with Shorewood will expire on October 31,2000. The Blaine Jaycees was contacted by Shorewood and has signed a Lease to begin charitable gambling after MYAS concludes their charitable gambling. The application requires a resolution of approval from the City Council. If approved, the premise permit would become effective November l, 2000. Please find a resolution for the premise permit application. Staff recommends approval of the premise permit by adoption of the attached resolution. 26 RESOLUTION NO. - 2000 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR BLAINE JAYCEES (SHOREWOOD RESTAURANT� WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Blaine Jaycees; and WHEREAS, the location of the Premise Permit is for the Shorewood Restaurant, 6161 Highway 65 Northeast and the Lawful Gambling would become effective November 1, 2000; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, TI-iEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Pernut Application for the Blaine Jaycees at Shorewood Restaurant located at 6161 Highway 65 Northeast. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28� DAY OF AUGUST 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK 27 NANCY J. JORGENSON - MAYOR � � QTY OF FRro�r To: From: Subject: Date: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 28, 2000 William B. Burns, City Manager �� Richard Pribyl, Finance Director Debra A. Skogen, City Clerk Resolution Appointing Polling Locations and Election Judges for the 2000 Two Year Election Cycle August 24, 2000 The City has had overwhelming response from citizens who are interested in serving as an election judge during the elecrion this year. The attached resolution appoints four additional election judges for the 2000 two-year election cycle. The election judges have received training, which qualifies them to serve a two year term as an election judge. : RESOLUTION NO. - 2000 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE 2000 PRIlVIARY AND GENERAL ELECTIONS NOW, TI�REFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a regulaz meeting on August 28, 2000. SECTION 1. That on the 12th day of September 2000, and the 7th day of November, 2000, there shall be a Statewide Primary and General Election: SECTION 2. That the following people are hereby appointed to act as Judges for said election except that the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of the City Charter: Julie Delaney Nina Landt Roger Sosoleil Nancy Torres-Ocasio Jean Wagener SECTION 3. Compensation for said Judges shall be at the rate of $7.50 per hour for regulaz Judges. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF AUGUST, 2000. ATTEST: DEBRA A. SKOGEN, CITY CLERK � NANCY JORGENSON, MAYOR ! Recreation and Natural Resource Department emo To: William W. Burns, City Manager �� � From: Jack Kirk, Director of Recreation and Natural Resources •� Date: August 23, 2000 Re: Grant Funds for Soccer Fields The youth soccer program in our community continues to draw large numbers of participants and finding enough game and practice facilities is a constant challenge. Over the past four years, participation in the Fridley Youth Sports Association soccer program has averaged over 350 boys and girls each season. A cooperative effort of using city park fields and school district athletic areas has allowed us to provide facilities for this program, however, there is still a need for some additional spaces. To address this concern, there was a recent meeting of School District, City and Youth Sports Association representatives. I participated in this meeting, along with Park Maintenance Supervisor Dave Lindquist and Recreation Program Supervisor Mark Daly. We all-seemed to agree that there was a need to expand and upgrade some of the soccer facilities and that the most practical and cost effective approach would be to use existing City or School District property. After discussion as to possible sites for soccer field expansion, we agreed that the open fields to the northwest of Fridley Middle School would offer the best solution. There are some baseball fields in this area, however, overall it is an underutilized area of the Commons Park — Middle School complex. The State of Minnesota, through the Minnesota Amateur Sports Commission and the Department of Children Families and Learning is providing grant funds to help develop sports facilities in communities. Improving soccer facilities was the driving force behind the legislation to provide these dollars. The representatives at our recent meeting thought that a joint effort af the City, School District and the Youth Sports Association would make for an attractive grant applic�tion to be considered for soccer fields. There was a sense of urgency in getting an application together, since the deadline for applying was August 15'h. Steve George, Athletic Director for Fridley High School, put together the application and submitted it to the State. It does name the School District and City as applicants and is accompanied by a letter stating that the application is being submitted pending approval of the School Board and the Fridley City Council. The grants being offered will provide matching funds for 50% of a project the 30 size we have been looking at. The majority of the project is improving the turf areas for the fields and purchasing soccer goals. The estimated total costs on the project are $12,000. With School District, City and Youth Sports Association participation on the 50% match, I believe we should be able to find a way to cover the City costs (possibly in the operating budget). The soccer field upgrades at the Middle School can be looked at as the first phase of a longer term project to improve the community facilities in this area. We have discussed the creation of a winter play area to include a skating oval on the track and a centralized community skating complex. The improvement of soccer fields in this area will give this area a year-round use to the facilities that may be needed. The attached resolution was drafted by the School District in support of the grant application. It is my understanding that the School Board passed this resolution at their most recent meeting. Also attached is the grant application that was submitted by Athletic Director Steve George. I believe this is a good opportunity for the City and a real benefit to the growing soccer program. If the City Council concurs that this is a good project for the City to be a partner in, I would recommend their support of this attached resolution. Please let me know if you need additional information or would like to discuss this further. 31 RESOLIITION NO. - 2000 RSSOLIITION OF APPLICATION FOR MINNSSOTA Ab1ATBUR SPORTS COD�lISSION/MINNBSOTA DSPARTMENT OF CHILDRSN, FAMILISS & LSARNING GRANT WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State Fund, provides for capital funds to assist political subdivisions of the State of Minnesota for the development of sport facilities; and WHEREAS, Independent School District No. 14 and the City of Fridley desire to develop and improve soccer facilities for boys and girls of the school district and community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, as follows: 1. It is estimated that the total cost of developing said facility shall be $12,000, and the City of Fridley and Independent School District No. 14 are requesting $6,000 from the MASC/CFL General Fund and will assume responsibility for a match requirement of $6,000. 2. The City of Fridley and Independent School District No. 14 agree to own, assume 100 percent of the operation costs for said sport facility, and will operate said facility for its intended purpose for the functional life of the facility which is estimated to be 50 plus years. 3. The City of Fridley and Independent School District No. 14 agree to enter into necessary and required agreements with the Minnesota Amateur Sports Commission for the specific purpose of constructing a sport facility and long-term program direction. 4. That a joint application be made to the State of Minnesota, Minnesota Amateur Sports Commission and the Department of Children, Family & Learning. - 5. That the Mayor of Fridley and the Superintendent of Tndependent School District No. 14 are authorized and directed to execute said application, and the Director of Buildings and Grounds for Independent School District No. 14 shall serve as the official liaison with the Minnesota Amateur Sports Commission. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28tY1 DAY OF AUGUST, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK 32 NANCY J. JORGENSON - MAYOR � Fridiey High School Athletic Of'fice s000 west nnoore take �ri�re FricNey, IVIN 5543�2 August 15, 2000 Department of Children, Families & Leaming Division of Management Assistance 1500 Highway 36 West Roseville, MN 55113 Dear Sir or Madam: Please consider this application for the MASC/CFL Grant pending the approval of our School Board and the Fridley City Council. Sincerely, Steve George Athletic Director 33 V1'ritten Description of Project • Land is already owned by Independent School District # l4. (Fridley Public Schools) • Phase I of the project is the development of three soccer fields. • Excavation of area, bringing in topsoil, crowning of fields and planting of grass seed for three fields. • Goals for the three new soccer fields. BudQet • Excavating, grading, planting of seed $6000 • Three pairs of goals for the soccer fields (52000/pair) 6000 • 'Total $12,000 Pro�ram '� arrati�•e As in many communities in the state, soccer is undergoing rapid growth in the Fridley School District and Community. Boys' and Girls' soccer programs were added to the high school sports program 3 years ago and are beginning their 4'" season of competition in the fall of 2000. The high school projecu that over 100 7'" — 12'" grade students will be involved in the school program in the fall of 2000. In the communiry program, the numbers have grow�n from 212 players in 1994 to 453 in 2000. The Ciry of Fridley has cooperated with the school district by allow•ing the high school program to use ciry facilities and equipment. The ciry has cooperated by lining fields and providing a liehted field for evening competition. As the soccer programs in the schoo] district and community have grow�, it has been difficult Co provide enough fields for the participanu. One of our communiry's large businesses (�tedtronic) has two corporate soccer teams. Medtronic has been fotced to have games and practices at the \ational Sports Center in Blaine because the facilities in the communiry and school district are under such heavy pressure. These tw�o new full-sized fields will give the high school teams a quality pracrice faciliry and allow for other teams to use the fields ouuide of the high school season. Junior Varsiry and other lower level games can also be played on these fields. The community soccer program had 453 soccer players in the spring/summer of 2000. The two full sized fields and additional U-10 field would benefit approximately 267 of those players. Independent School District # 14 has about 25.6% of its students participating in the free and reduced lunch program. The development of the area w�itl be worked on in at least tw•o phases. Phase I— The proposal currently described in this grant application. Phase II — Develop the varsiry game field into a multi-use faciliry. 1. Along w ith the ciry, create an ice skating oval around the soccer field. 2. Fence the faciliry 3. Install lighting to benefit soccer and ice skating. 4. Build a w�arming house,'concession stand on the w•est side of the soccer field. 34 pe�utine�t �f C1lWre�. Fas�6a �c Lanvt plv1� of Mus�e�eN ���a iS00 Hlgbvray 3: Wat Rae,�{/e, �MJV ssti� iS VSi2-� ppplication Form Fridley Soccer Complei Project Name: Name of AppUudoa Oc��ntz�dor (r'� ,�st be a PubUc Endtp)�ri y p��h�� Sch 1 6000 West Moore Lake Orive r d ev. MN 55432 ChlelEzautive: Dr. Mdrv Ann `''-- C„wA~;^*�n�pnt Conbict Pcnon:�Ve Athletic Director prnjectDacripdon: Phase I' To develpp two tuii-s�ze prd4���c a��� u� fields and one U10 soccer field for scho4l , �+:� a�� r_orfmufli�Y use_ Grint Amoant Reqnested' �6 Cost of ToW ProJect:.��?.nnn Proposed Len�tb oi ProJcct: Start Date 4/1/2041 Completion D�te:][ 1/ QO1 nf tchool Di5trlCt Sourcts and Amount ot Matching Funds (It Any) Joi nt effor� - #14, City of Fridley, Fridley-Heights Soccer Club, and Metronic Corp. Year Round Program Yes _ No X 1 Months New Program Y� N0 X No Growth of Community and Expansion ot Ezisting Program Ya School progrdms Authorized Signature io 35 � 1 I ,. � . Frldley independent School Dist�ict M14 „ .— � RKS CncJ� lC. e c 0 � x School District #14 Boundaries: 79th Way East to Main Street -- South to 6�th Avenue — East to Stinson Bou�eva�d — South to 57th Avenue — Wesf to 7th S1��et - South to 53rd Avenue — West to the Mississippi River. 36 0 � s� O C I I 1 FRIDLEY SOCCER COMPLEX Proposed U-10 tield !1 t PhASe I . Proposed eame/practice tields w I� �� �� � , �t� Proposed,soccer only, �ame field (Hi�b school and Coa►munfty use) � Phase II 37 m • '� /�..f AA `I^w ^-'` r . j �w��� v: v v .-= n�.vvi�„' �.- � : � . AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 28, 2000 CRY OF FRIDLEY TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager � DATE: August 24, 2000 SUBJECT: 2001 City Calendar Attached is a proposed 2001 calendar which indicates City Council meetings and holidays. In addition to the City Council meetings, conference meetings were scheduled during the months of January, February, April, May, August, October and November. Budget work sessions were tentatively set for June � 1 and 12. Staff recommends that Council approve the attached resolution and the 2001 calendar of City Council meetings and holidays. Thank you for your consideration of this matter. WWB:rsc Attachments � R$SOLIITION NO. - 2000 RSSOLUTION D$SIGNATING TIME AND NiJMBER OF COIINCIL ME$TINGS FOR 2001 WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall meet at such times as may be prescribed by resolution; and WHEREAS, it is the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: 1. The Council will hold regular meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the following Mondays in 2001: January 8, January 22, February 5, February 26, March 5, March 26, April 9, April 23, May 7, May 21, June 4, June 18, July 9, July 23, August 13, August 27, September 10, September 17, October 8, October 22, November 5, November 19, December 3 and December 17. 2. The Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed but no formal action is taken, commencing at 7:00 p.m. on the following Mondays in 2000: January 29, February 12, April 16, May 14, August 20, October 15, and November 26. 3. On the dates of regular Council meetings, conference meetings will be held in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF AUGUST, 2000. NANCY J. JORGENSON - MAYOR ATTEST: DEBR.A A. SKOGEN - CITY CLERK 39 � � � O � r� ey D RAFT 200� �aler r da � January '• February March S M T W T F S S M T W T F S S M T W T F S 2 3 4 S 8 � 1 ! 2 3 1 2 3 7 8 9 10 11 i 12 13 : 4 5 8 7 8 j 9 70 4 5 � 8 7 8 9 70 14 18 17 18 � 19 I 20 �.: 17 � 12 13 � 1♦ j 15 � 18 � 17 i1 I 12 13 14 15 18 17 21 22 23 24 25 28 27 18 X 20 I 27 22 j 23 � 24 18 19 � 20 21 22 23 24 28 29 30 31 25 28 7/ 28 i 25 28 27 28 29 30 31 � i i April May June S M T W T F S S M T W T F S S M T W T F S 7 2 3 4 5 8 7 1 � 2 I 3 ' 4 � S � 1 2 8 9 10 11 12 13 14 . 8 7 8 9 10 : 11 � 12 3 I 4 5 8 7 8 9 15 78 17 78 19 20 21 .. 73 14 15 16 I 17 � 18 ( 19 10 1 1 13 11 15 IB 22 23 24 25 28 ' 27 28 20 21 Y2 23 ' 24 ' 2S 28 17 18 19 20 21 22 23 29 30 ' 27 X 29 30 31 26 25 26 27 28 29 �30 I I , ! I I July . August September S M T W T F S S M T W T F S S M T W T —r F S 1 2 3 I� 5 � 8 7 .,, � 1 2 �I 3 j 4 I I 7 8 9 10 11 12 73 14 : 5. 6 7 8 i 9 ' 70 � 11 2 x 4 5 8 7 8 15 16 � 17 18 19 � ZO 21 �. 12 13 14 .� 15 18 ' 17 I 18 9 10 /1 12 13 14 15 22 23 24 25 28 ��, 27 28 ' 19 20 21 22 ;� 23 � 24 25 18 1� � 18 19 20 21 22 29 30 31 I . 28 27 28 ' 29 �, 30 ; 31 3 26 25 26 27 � 28 29 � I I I i j ..�. i ' � � , 30 i � i October November December � S M T W T F S S M T W T F S I S M T W T F S i' z I s� a. s s � i 2 3 i � I T I � 7 8 i 9 I 70 11 �i. 72 � 13 . 4 5 6 � 7 8 � 9 10 II 2 3 4 5 6 7 8 11 15 16 I 17 1B 19 I 20 �� 17 13 10 � 15 , 18 � 17 � 9 10 11 12 13 /4 75 21 22 i 23 24 25 28 27 ' 1B 19 20 21 ��� � 2! 16 17 18 19 ZO 27 22 28 29 � 3p 31 � '�, 25 28 27 28 29 �. 30 23 x I 28 T7 28 29 i i I i j � 30 31 � I O City Council Meeting � Budget Work Sessions ❑ Conference Meeting X Holiday Annual Conferences NLC: Congressional City Conference - Mazch 8-13 Congress of Cities and Exposition - November 27 — December 1(Atlanta) LMC Annual Conference: June 19-22 (Duluth) ICMA Annual Conference: September 23-26 (Salt Lake City) Holidays: 9 Holidays (per City Code) 2 Floating Holidays: a. Friday after Thanksgiving (November 23) b. Christmas Eve (December 24) . � � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 28, 2000 Memo to: The Mayor and Council From: William W. Burns, City Manager �� t1� Subject: Date: LMC's Statewide Education Effort August 24, 2000 The League of Minnesota Cities has asked us to pass a resolution in support of their statewide education effort. The effort is called "Minnesota Cities Building Quality Communities." It is an effort to link City services to the quality of life in Minnesota and thereby establishes a strong public relations background for their 2001 legislative program. As I understand their program, it has many of the same purposes as our current efforts to market Fridley through our newsletter and our cable television programming. In fact, I think we are probably way ahead of anything they ever imagined. Since we are already heavily involved in the efforts that the LMC are promoting, I recommend your approval of the attached resolution. I also suggest that you name me as your contact person for this campaign. WWB Attachment �� RBSOLUTION NO. - 2000 RESOLIITION DECLARING THE CITY OF FRIDLEY'S COI�IITMENT TO PARTICIPATE IN THE " MINNESOTA CITIES : BUILDING QUALITY CObIlKtTNITIES" FsDUCATIONAL EFFORT WHEREAS, the top values and priorities of citizens include safety, family, job opportunities, health, the well-being of children, and recreational opportunities; and WHEREAS, many of the services cities provide directly enhance those citizen priorities; and WHEREAS, the connection between city services and how they benefit citizen priorities and concerns is not always understood by citizens; and WHEREAS, it is one of the responsibilities of city officials to ensure legislators, media and citizens understand their governments through open and frequent communication using various avenues and means; and WHEREAS, it is important to encourage citizens to actively participate in city government, to share their views, and to work in partnership with city officials to ensure that the needs of the community are met; and WHEREAS, partnerships developed between citizens and city officials can result in greater understanding of the connection between Minnesota's high quality of life and the services provided by Minnesota cities, as well as in greater trust by citizens in the efforts of their city government; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, that the City hereby declares its commitment to join in the " Minnesota Cities: Building Quality Communities" statewide education effort in cooperation with our fellow members of the League of Minnesota Cities. We hereby designate as the City of Fridley's key contact for this effort, and will inform the League of Minnesota Cities of this designation. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28th DAY OF AUGUST, 2000. ATTEST: DEBR.A A. SKOGEN - CITY CLERK 42 NANCY J. JORGENSON - MAYOR � � C(T'Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 28, 2000 TO: FROM: DATE: SUBJECT: William W. Burns, City Manager,�{�( (O ,I►''' Lt. Herb Zimmerman August 24, 2000 2000-2001 Animal Control Contract Attached is the proposed 2000-2001 animal control contract. We are once again proposing this contract be made with Brighton Veterinary Hospital. There are no changes in the new contract, including compensation. The Fridley Police Department is very satisfied with the service provided by the Brighton Veterinary Hospital and recommends approval and signing of the contract. Attachment 43 ANIl1+tAL CONTROL CONTRACT This contract, made and entered into this day of August 2000 by and between Brighton Veterinary Hospital, 2615 Mississippi Street, New Brighton, 11�nnesota, 55112, hereinafter referred to as "animal shelter" and the City of Fridley, a municipal corporation, 6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to as "city". I. TERM The term of this contract shall be from September 1, 2000 through August 31, 2001. II. ANIMAL SHELTER SERVICES The city agrees to purchase and the animal shelter agrees to furnish the following services: 1. Shelter for animal drop-offs on a 24-hour basis. 2. Animal examinations and veterinary care as required during normal business hours. 3. Seized stray animals shall be held for five (5) regular business days. After five regular business days the city shall have no right or interest in such animals. 4. Euthanasia and disposal if required due to serious injury, illness, or after five regular business days, in compliance with State Statute MS 35.71. 5. Receiving and disposing of dead animals delivered by the city. 6. Upon request, train city animal control officers in safe and humane handling and apprehension of animals. 7. Keep accurate records of all animals impounded, boarded, and destroyed, pursuant to this agreement and furnish monthly statements to the city. 8. Keep the animal shelter open during normal business hours of the Brighton Veterinary Hospital and not less than normal business hours of the city. 9. The animal shelter, during normal business hours, shall be open for inspection by the city or it's agents. 10. Collect boarding fees at $12.00 per day for dogs and $10.00 per day for cats, per animal from owners who retrieve animals. Fees are kept by the animal shelter. .. 11. Hold any impounded animal being reclaimed until proof of appGcable current licensing and rabies vaccine is produced. 12. Serve as animal control officers for the city, as defined in Fridley City Code Chapter 101, and as applicable to the operation of the animal shelter. III. CITY RESPONSIBII,ITY After normal business hours, the city will transport any injured animals that are in a live threatening condition to the Affiliated Emergency Veterinary Services, at no cost to the animal shelter. After treatment and release the city will transport the animal to the animal shelter. N. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, the animal shelter shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services. V. AUDIT DISCLOSURE AND RET'ENTION OF RECORDS The animal shelter agrees to make available to duly authorized representatives of the city and either the legislative auditor or the state auditor for the purpose of audit examination, any books, documents, papers, and records of the animal shelter that are pertinent to the animal shelter's provisio� of service hereunder. The animal shelter further agrees to maintain all such required records for three years after receipt of final payment and the closing of all other related matters. VI. ANIl�IAL SHELTER RESPONSIBILITIES AND INSURANCE The animal shelter shall be responsible for all damages, harm or illness suffered by the animals under its care and in its custody which may be due to the negligence of the animal shelter. Said animal shelter shall save the city harmless from any damages, costs, actions, or causes or action, or claims made against the city for any harm, losses, damages, or expenses or account of bodily injury, sickness, disease, improper disposition, death, and property damage resulting from the animal shelter's operation. The animal shelter shall procure and keep in full force comprehensive general liability insurance in the amount of not less than $100,000 and $350,000 to safeguard and indemnify the city for any of the occunences aforementioned. Such insurance policy must be filed with the city clerk. 45 VII. COMPENSATION 1. The city shall pay the animal shelter the sum of $1,200 per month for services stated in this contract. Said sum shall be paid on or about the last day of the month, or within thirty (30) days after submission of the monthly claims, by the animal shelter. 2. The animal shelter may charge and retain customary veterinary fees including rabies, and distemper-parvot (DHPP) vaccine. VIII. EARLY TERMINATION This contract may be ternunated by either party, with or without cause upon thirty (30) days written notice, delivered by United States mail or in person, to the other party. For purposes of such notice, the address of the animal shelter is: Brighton Veterinary Hospital PA 2615 Mississippi St. New Brighton, MN 55112 and the address of the city is: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 IX. MODIFICATIONS Any material alterations, modifications or variations of the tenns of this contract shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. X. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties are contained herein and that the contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the animal shelter and the city relating to the subject rnatter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agee that this contract is the only and complete agreement regarding the subject hereof. ANIMAL SHELTER CITY I �J �� By: ; �� � � � � ` _ _ By: �� � Title: /�- \� ^�? � , � , _�� ki �!�`� : - , � � Date• ,' � /4- �:.� �: � i,, Title: Date: 47 Title: Date: Title: Date: � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 28, 2000 �� TO: WILLIAM W. BURNS, CITY MANAGER � a� � FROM: WILLIAM A. CHAMPA, MANAGEMENT ASSISTANT SUBJECT: REQUEST TO HOLD PUBLIC HEARING FOR WIDEOPENWEST MINNESOTA, LLC DATE: AUGUST 25, 2000 In response to the City's Notice of Intent to Franchise, Cable Communications System Request for Proposals, and accompanying Technical Specification Memorandum, we have received one application for a cable system franchise. This application was submitted by WideOpenWest Minnesota, LLC. The applicant appears to have met the minimum requirements to obtain a cable television franchise in Fridley. In compliance with Minnesota State Statutes and the City Charter Chapter 10.09, staff requests that a public hearing be held on September 25, 2000, to discuss the cable system franchise application. .; � � Q1Y OF FRIDLEY Name Myra Harris Johnson Sue Anne Kirkham AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 28, 2000 Position Public Safety Projects Coord'r Exempt Acc't'g/Data Proc'g Clerk/ Cashier Non-exempt Appointments Starting Salary $43,347.20 per year $13.40 per hour .• Starting Date Replaces Aug.29, Rose 2000 Griep Sept.6 Mechell 2000 Turok : AGENDA ITEM COUNCIL MEETING OF AUGUST 28, 2000 QTY OF FRIDLEY CLAIMS 94953 - 95 � 49 �,, J � � CfTY OF FRIDLEY Type of License: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 28, 2000 CIGARETTE SALES East River Road Texaco 8100 East River Road Fridley, MN 55432 PRIVATE GAS PUMP Park Construction 7900 Beech Street NE Fridley, MN 55432 LICENSES � Don M Kisch Approved By: Police Department Fire Department Community Development Jan Lalley Police Department Fire Department Community Development TEMPORARY INTOXICATING LIQUOR Totino-Grace high School Angie Manella 1350 Gardena Avenue Fridley, MN 55432 ELECTRICAL Mayer Electric Corporation 5128 Hanson Ct Minneapolis MN 55429 GAS SERVICES River Cities Mechanical 14960 Afton Blvd S Afton MN 55001 Suburban Air 8419 Center Dr Minneapolis MN 55432 Summit Mechanical Inc 11833 Douglas Dr N Champlin MN 55316 Cherie Holm Robert Miller Mark Sims C J Wiege 51 Police Department Fire Department Community Development STATE OF MINN RON JULKOWSKI Building Official Same Same Fees: $125.00 $ 30.00 $ 25.00 �pe of License: B,� GENERAL CONTRACTOR-COMMERCIAL Craftsmen Siding 743 Paul Park Way Blaine MN 55434 Eddie Lind Metro Intercom Inc 15686 Heywood Ct Apple Valley Mn 55124 Whitehorse Development Co 9175 107 St N Stillwater MN 55084 Scott Lichty Timothy Jawor GENERAL CONTRACTOR-RESIDENTIAL Alpine Designers & Builders (20069780) 6860 Shingle Creek Pkwy Brooklyn Center MN 55430 Reed Sandstad Girtz Construction (20216415) 16138 Goodview Cir Lakeville MN 55044 Jude Girtz Guyers Builders Express (2589) 13405 15 Ave N Plymouth MN 55441 Norsk Concrete Construction (7333) 1115 Osborne Rd NE Minneapolis MN 55432 Osborne Enterprises (20169386) 5869 Hackmann Ave NE Fridley MN 55432 Approved By: RON JULKOWSKI Building Official Same Same STATE OF MINN Same Donald Klaers Same James Jackson Same John Osborne Same Reliable Roofing Company (20218872) 9110 Grand Ave S Bloomington MN 55420 Cathy Poechmann Same Showcase Builders Inc (20078380) 16026 Lakeshore Dr Eden Prairie MN 55347 Brad Ervin Walek Tom Construction (20226198) 3621 Roosevelt St St Anthony MN 55418 Tom Walek 52 Same Same Fees: Type of License: HEATING Peterson & Pinney Inc 4151 Coon Rapids Blvd NW Coon Rapids MN 55433 Suburban Air 8419 Center Dr Minneapolis MN 55432 Summit Mechanical Inc 11833 Douglas Drive N Champlin NIN 55316 MASONRY Hage Construction 6518 Cambridge St St Louis Park MN 55426 Mack Chris Contractor 1498 Jackson Ave St Michael MN 55376 Norsk Concrete Construction Inc 1115 Osborne Rd NE Minneapolis NIN 55432 PLUMBING Janecky Plumbing 720 Pontiac Place Mendota Heights MN 55120 SIGN ERECTOR Serigraphics Sign Systems Inc 7321 Washington Ave S Edina MN 55439 � Ray Turnquist Mark Sims C J Wiege Mitzi Minier Chris Mack James Jackson Dave Janecky Bob Kane �� Approved By: RON JULKOWSKI Building Official Same Same RON JULKOWSKI Building Official Same Same STATE OF MINN RON NLKOWSKI Building Official Fees: � L CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 28, 2000 ESTIMATES Allied Blacktop Company 10503 — 89�' Avenue North Maple Grove, MN 55369 2000 Street Improvement (Sealcoat) Project No. 2000 — 10 FINAL ESTIMATE:. ......................................................................... $ 7,789.63 W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 2000 Street Improvement Project No. ST. 2000-1 EstimateNo. 4 ....................................................... Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432 ........................ $114,165:54 TH47 West Ditch Improvement Project No. ST. 2000 — 6 EstimateNo. 1 .................................................................................... $ 20,709.05 Ron Kassa Construction 6005 — 250�` Street East Elko, MN 55020 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 330 EstimateNo. 5 .................................................................................... $ 9,859.15 � � AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 28, 2000 CffY OF FRIDIEY Date: 8/23/00 � To: William Burns, City Manager�� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Public Hearing for an Ordinance repealing Chapter 207 and Amending Chapter 402 of the City Code regarding Water and Sewer Administration M-00-142 INTRODUCTION Recent changes in State Rules and Met Council requirements now require that all individual sewage treatment systems (ISTS) in the City of Fridley be inspected, properly maintained, and meet the State criteria for conforming treatment systems. As a result of these mandates, City Staff is proposing amending the Ciry Code to reflect these requirements. Most recent information available has indicated that there are only 5 ISTS's left in the City of Fridley. City Staff has already had contact with three of the affected - properties, who have indicated they are wanting to connect to the City sewer system. Staff has met with these property owners and is currently working on finding the most cost effective means for making the connection. PLANNING STAFF RECOMMENDATION City staff recommends that the City Council hold a public hearing for the repealing of Chapter 207 and amendment of Chapter 402 of the City Code, titled Water and Sewer Administration. 55 � AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 28, 2000 CfiY OF FRIDLEY Date: 8/21 /00 � To: William Burns, City Manager ��� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: First reading of an Ordinance repealing Chapter 207 and Amending Chapter 402 of the City Code regarding Water and Sewer Administration M-00-140 INTRODUCTION Recent changes in State Rules and Met Council requirements now require that all individual treatment systems (ISTS) in the City of Fridley be inspected, properly maintained, and meet the State criteria for conforming treatment systems. As a result of these mandates, City Staff is proposing amending the City Code to reflect these requirements. PLANNING STAFF RECOMMENDATION City staff recommends that the City Council hold the first reading of the ordinance to repeal Chapter 207 and amend Chapter 402 of the City Code, titled Water and Sewer Administration. 56 AN ORDINANCE REPEALING CHAPTER 207 AND AMENDING CHAPTER 402 PERTAINING TO WATER AND SEWER ADMINISTRATION Fridley City Code Chapter 402. Water and Sewer Administration (Cross-reference: Chapter 207) (Ref.113, 464, 565, 566, 629, 638, 662, 922, 988) 402.01 CITY MANAGER RESPONSIBLE The City Manager in the City of Fridley shall have the responsibility of the management and operation of the municipal water system, sanitary sewer system and storm sewer system in the City of Fridley. The City Manager shall have immediate control and custody of all properties, be responsible for their safekeeping and their proper storage and care, and shall provide for the keeping of a full and accurate record of all work done with respect thereto, the cost thereof, the names of persons employed, hours worked and such other information and records as may be required by the City Council. Further, the City Manager shall have immediate charge of all employees necessary to the operation of the said utilities of the City. (Ref. 113) 2�02�.402.02. POLICY The City shall eliminate hazards to safety and health arising from defective water systems, sanitary sewer systems, and storm sewer systems in the City of Fridley; and for such purposes shall extend its municipal or public sewers to all lands of the City and require connection of all failing Individual Sewage Treatment Systems (ISTS) to said systems. 49�0� 402.03. CONNECTION SERVICE No person shall make any type of connection to the municipal water system, the sanitary sewer system or the storm sewer system except upon making an application therefor on a form provided by the City and receiving a permit issued by the City for such purpose. The application shall include an exact description of the property to be served, the uses for which the connection is requested and the size of the service lines requested or to be used. At the time of making such application, there shall be paid to the City a fee as designated in Sections 4A�.8�, ^n� nn� nnr) A�i7 Iir+' 402.04, 402.05, and 402.06, which shall be applied to, paid for, and received by the City for the purpose indicated. 49�-93: 402.04. PROPORTIONATE SHARE No connection shall be made or continued in use at any time with respect to any sewer or water connection serving property if any person or occupants of the land, parcel or premises affected have not paid or provided for the payment of the full and proportionate share of the systems, services or improvements to be used as determined by the City Council, which share of the cost of said system, service or improvement shall be payable as follows: A. For service to property to which service lines have not been previously run from the street laterals to the property line, the owner, occupant or user shall pay into the City 57 Fridley City Code Chapter 402 Page 2 Treasury (Water and Sewer Utility Fund) an amount not less than the cost of making connections, taps and installation of necessary pipe and appurtenances to provide service to the property and necessary street repairs. B. For service to property to which service lines have been run previously to the property line but have not been paid for, the owner, occupant or user shall pay in cash or agree to pay charges in the form of Special Assessments to be levied against the property to be spread over a number of years coincident with the maturity requirements of any Special Improvement Bonds sold for the purpose of financing the construction of such water and sewer lines and service connections serving the property. Said cash payment or Assessment charge shall be in principal amount not less than the payments made by or charges placed against comparable properties for like services of such water or sewer, i.e. FOR AN "EQUIVALENT LATERAL ASSESSMENT", or an amount as may be established by the City Council. In the instance of services run to the property lines as provided under Section 402.03.A, the payment to the City Treasury of any amount required under Section 402.03.6 shall be reduced by the amount paid to the City under Section 402.03.A. Payment to the City Treasury in the form of a Special Assessment charge shall be in the form of equal annual installments together with interest on the unpaid balance from year to year, which interest shall be computed at the �a�e-e�-s� current rate of assessment. 492*04, 402.05. PERMIT FEE Prior to constructing or repair of any water or sewer line connecting the existing municipal system and any house or building for which the application is made, the owner or contractor shall be required to obtain a permit for such connection, and shall pay a permit fee as provided in Chapter 11 of this Code. After such connection has been made, the Water and Sewer Department shall be notified. It shall be unlawful to cover any connecting line until an inspection has been made and such connection and the work incident thereto has been approved by the City as a proper and suitable connection. 402�9�. 402.06. REPAIRS TO CONNECTION - After the initial connection has been made to the water curb stop box or the sewer lead at the property line or a water service or sewer lead has been extended to the property line for connection, the applicant, owner, or the occupant or user of such premises shall be liable for all repairs required to any water line or any sewer lines necessary for connection of the premises from the property line to the premises. The City will be liable for all repairs required from the. property line to the street mains, including any necessary repairs. It shall be the responsibility of the applicant, owner, occupant or user to maintain the curb stop box at such height as will ensure that it remains above the finished grade of the land or property. (Ref. 638) 402.07. CONSTRUCTION OF PRIVATE SEWER SYSTEMS PROHIBITED The construction of new individual sewage treatment systems (ISTS) is prohibited in the City of Fridley. Existing individual sewage treatment systems meeting MN Rules Chapter 7080 standards may and shall be permitted to continue in use and operation : Fridley City Code Chapter 402 Page 3 until system is deemed failing by a licensed inspector during a biennial inspection or the property owner expands kitchen, bathroom, or bedroom areas. The use of a cesspool, outside toilet, or any other individual sewage treatment system not meeting standards set forth in MN Rules Chapter 7080 is strictly prohibited. 1.New Construction. All new houses, buildings, businesses, facilities, etc., producing wastes or discharges must be properly connected to the City of Fridley sewer system. Appiication for connection shall be made to the City Building Department and all connection fees shall be paid as provided by City Ordinances. No building permit shali be issued by the City after the effective date of this ordinance, unless the applicant shows compliance with the terms of this ordinance. 2.Existing Structures. Any existing houses, buildings, business or facilities presently utilizing their own septic systems, drainfield, soil absorption system, etc., shall be inspected by November 1, 2000 by a licensed inspector. After the initial inspection, systems must be inspected biennialiy by a licensed inspector and inspection results presented to the City of Fridley Building Department. All systems shall also be inspected prior to sale and/or transfer of title. All properties utilizing on site sewage treatment shall be connected to the City Sewer system prior to the issuance of any building permits for kitchen, bathroom, or bedroom expansions. Further, any such system presently in use, but which is revealed to be a failing system by inspection, shall be connected to the City of Fridley sewer system as soon as is practical but within 6 months of the time of failure. If the system is determined to be an immediate health hazard, the system must be connected immediately. 3.Abandoned Sewage Treatment Systems. All existing cesspools, dryweils, septic tanks, or any other on-site sewage treatment systems which are abandoned and not in use shali be properly removed and/or filled immediately to State standards so as not to pose a danger to health and safety. ��3, 402.08. NUISANCE Hereafter, whenever and wherever any such private septic tank, cesspool or other type of private sewage system is damaged or defective and as a result thereof operates improperly creating an immediate health threat by exposing raw sewage to the grounds surface, then except as is further provided herein, connection shall be made to a public sewer immediately . Use of a defective system, or one in need of repair to eliminate a hazard to safety or health is deemed maintenance of a nuisance and is prohibited; and such nuisance may be abated according to law. 402.09. FAILURE TO COMPLY; NOTICE The City Manager may cause written notice of sewer and water requirements to be given to any person required by subsection 402.08.02 or 402.09 to make such repairs and connections. Such notice shall be mailed by certified mail or delivered by the Building Official or Code Enforcement Officer by order of the City Manager. In the 59 Fridiey City Code Page 4 Chapter 402 event that (I.) any person, required by subsection 402.08.02 to connect an existing building to sanitary sewer mains where there is not an immediate heaith danger, fails to complete the making of such connection within 6 month after such written notice is given, or (II.) any person required by section 402.09 to connect an existing system to sanitary mains due to system failure and immediate heaith threat fails to complete the making of such connection with 5 days after the written notice is given, the Council may by resolution direct that the required connection be made and the cost assessed against the benefited property as set forth in section 402.14. From the time of failure until connection, outflow must be plugged and tank pumped on a regular basis. Work must be done by a Certified septic installer and pumping schedules must be filed with City Building Department. 20�96�.402.10. HEARING In any case where an owner deems himself or herself aggrieved by an order of the Building Official �e� of the City or other representative of the City with respect to a private sewage disposal system and its continued use, the owner is entitled, upon giving notice and demand, to a hearing before the Council with respect thereto and before the order shall become final. Such notice and demand shall be made promptly and in no case later than five (5) days after receipt of any order from the City. 4�0�, 402.11. SEWAGE AND WASTE CONTROL The "Waste Discharge Rules for the Metropolitan Disposal System" '�ewage-a+� " as adopted by the Metropolitan Council Environmental Services (MCES), is hereby adopted by reference and incorporated into and made a part of this Code as completely as if set out here in full. �n� �n 402.12. INSTALLATION BY CITY Wherever the notice provided for in Section 402.09 is not complied with, the Council may, by resolution, direct the connection of such building or property to the public sewer system. The cost of all necessary appurtenances and the connection to public services shall be paid initially from the General Fund and then assessed by the Council against the property benefited. If the assessment is not paid to the City within ten (10) days after the City Clerk has served written notice in the same manner as provided for notice referred to in said section, the City Clerk shall certify the amount of the assessment to the County Auditor for collection in the same manner as other special assessments. The Council, by resolution, may provide for payment of the assessment in one (1) annual installment bearing interest at the current assessment rate ° from the expiration of such ten (10) day period. � �. . .. � � � Fridley City Code Page 5 Chapter 402 - - - - - - - �� - ■- . . . �, .a • • „ ■ „ „ ■_ 20�3.402.13. STATE $ METROPOLITAN COUNCIL REGULATIONS BY REFERENCE There is hereby adopted by reference, and shall be in full force and effect in the City of Fridley as if set out here in full, the following rules, regulations and recommended practices as set forth in pamphlets published by the State of Minnesota, rules, regulations and recommended practices which shall be considered and construed as minimum codes and standards of the City of Fridley: � 1. Rules, regulations and recommended practices for the design, construction and operation of sewage systems , , , , ��e+�ses as set forth in " " , , � date Minnesota Rules Chapter 7080, dated 1995, published by the Minnesota Pollution Control Agency, as amended to date. 2. Rules, regulations and recommended practices on the type, design, construction and location of wells for potable water supply when connections to the municipal water system are not feasible as set forth in pamphlets entitled "Manual of Water Supply Sanitation", Section 11, dated 1956, Section V, dated 1956, and Section VII, dated 1957, all as pubtished by the Minnesota Department of Health, Division of Environmental Sanitation, as amended to date. 4s2r0�9. 402.14. CONSENT TO REGULATIONS Every person applying for water or sewer service and every owner of property for which any such application is made shall be deemed upon making such application to consent to all rules, regulations and rates set forth in this Chapter, and such further rules, regulations and rates as may thereafter be set forth and adopted by the City Council. 40�?�a. 402.15. WATER METER 1. Before any water conveyed through the municipal water system shall be used or utilized on the land or premises of any person, firm or corporation, there shall first be installed a water meter that will accurately measure the water consumed on the premises, except and unless such installation shall be exempted by the City. The applicant for water service shall deposit in 61 Fridley City Code Page 6 Chaptec 402 the City Treasury at the time of application for permit as set forth above, an amount determined by the City to be sufficient to cover the cost of the meter. (Ref. 566) 2. All existing customers of the system will be required to purchase a meter. At such time as there is a change of customer or ownership for an account or at termination of service, if all bills are paid in full, at the request of the customer, the City will refund the purchase price of the meter to the customer, whereupon the new customer must purchase a meter. (Ref. 566) 3. All water meters installed under the provisions of this Chapter shall remain the property of the City of Fridley. The meters shall be repaired from time to time as is necessary to ensure accurate measuring of the flow of water. The City shall pay for the cost of repairs except when a meter has been damaged due to negligence on the part of persons other than employees of the Water Department, the owner, occupant or user of the premises or such other person desiring use of the water shall reimburse the Water Department for the expense of repairing any such meter. Upon failure to reimburse the Water Department within a reasonable time and upon demand therefore, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the City. 482,�. 402.16. TAMPERING PROHIBITED It shall be unlawful for any person to tamper with, alter, by-pass or in any manner whatsoever interfere with the proper use and functioning of any water meter owned by the City. 482�0, 402.17. METER READING AND PAYMENT FOR SERVICES 1. The City may p�ovide a system of water meter reading by post-card, meter-reader, or any other method deemed suitable to the purpose by the City Council. The City may also establish billing areas or districts and provide for the readings of ineters and billing charges by month, by calendar quarters or monthly quarters, or such periodic intervals as the City Council shall determine suitable and necessary from time to time to the needs of the City. In the case of a post-card meter reading, each consumer shall mail or return the meter card on or before the due date. 2. Each consumer shall be assessed a one dollar ($1.00) penalty for any card not returned within seven (7) days of the due date. 3. A charge of ten dollars ($10.00) will be added to the bill if the reading card is not returned to the City for the second quarter billing. 4. A charge of fifteen dollars ($15.00) will be added to the bill if the reading card is not returned to the City for the third consecutive quarter. Such penalty and any use charges (based on an estimate of the water consumer) will be added to every quarterly billing thereafter if subsequently not read. 5. The water rate charges shall be considered net charges and shall be the charges payable after the last day of the month or billing period in which the billings are sent out. 62 Fridley City Code Chapter 402 Page 7 6. Payments not paid within thirty (30) days from the date of the bill will be assessed � an additional ten percent (10%) penalty. (Ref. 662, 988) dn� 402.18. DISCONTINUANCE OF SERVICE The City reserves the right to discontinue service to arty customer of the water and sewer system without notice when necessary for repairs, additional connection or reconnection or for nor}payment of charges or bills or for disregard of any rules or regulations in connection with the use or operation of said system. Whenever any service has been discontinued for nor�payment of charges or bills or for disregard of any rules or regulations, it shall not be resumed, except upon payment of the charges of bills accrued together with compliance with the rules or regulations previously violated and payment to the City of a restoration fee of the sum of five dollars ($5.00) before 4:30 p.m. weekdays and ten dollars ($10.00) at all other times. (Ref. 565) dn� 402.19. LIEN In the event a water or sewer bill is unpaid at the end of the calendar quarter or the billing period under which the billing is sent out, the bill shall be considered delinquent and the service may be discontinued as provided in Section 402.11 above and the City Council may cause the charges noted in such billing to become a lien against the property served by certifying to the County the amount of said delinquent bill in accordance with Minnesota Statutes, Chapter 444. A penalty of ten percent (10%) will be assessed to all amounts certified to the County for collection. (Ref. 113 and 565) 4�2,�-3�. 402.2U. WATER AND SEWER RATES 1. Water consumption and sewer use charges to the consumer shall become due and payable quarterly each year on a calendar schedule or by monthly intervals or periods of time in accordance with a schedule prepared by the City Manager. (Ref. 464) 2. The water rates per quarter shall be set by Council Resolution. 3. The sewer rates per quarter shall be set by Council Resolution. 4. Whenever the period of billing of charges for either water or sewer or both is altered or changed, the minimum charge payable for such water or sewer may and shall be prorated as necessary in equity to the consumer for any period of time less or more than a full quarter of any period used. Such prorating is also authorized whenever the rate, minimum or otherwise, for either water or sewer services, or both, is charged. 492a�, 402.21. DEFECTIVE METER If a meter fails to register or accurately measure the water, the charge for water consumed shall be paid for at the established rate based upon past average billings as determined by the City Manager. 63 Fridley City Code Chapter 402 4�5. 402.22. NOTICE OF LEAK Page 8 Any owner, occupant or user of a premises who discovers a leak in a service line to the premises shall notify the Water Department within 24 hours. Any water wasted due to failure of such person to comply with this regulation shall be estimated by the City Manager and charged against the owner of such premises at the established rate. (Ref. 113) 402a�6. 402.23. STOP VALVE There shall be installed in every connection to the City water system one stop and waste valve which shall be installed at a point befinreen the curb stop and the meter so that the water may be turned off and the meter and house plumbing entirely drained. There shall be installed another stop and waste cock in the pipe on the house side of the meter. All service pipes connected to the City systems shall be of a TYPE K copper or its approved equal and shall be laid at a depth not less than 6.5' below the finished grade, or as low as the street mains. 4��. 402.24. PERMIT Any applicant, owner, occupant or user in applying for permission to connect to the City water and sewer systems shall have all work in connection therewith performed under the supervision of a plumber, licensed to do plumbing in the City of Fridley, except that nothing in this Chapter shall be construed as to prohibit an individual owner from obtaining a permit therefor provided that a person, firm or corporation actually performing the work be a plumber licensed to perform such work in the City. 402,��. 402.25. OPEN CONNECTION FOR FIRE PROTECTION Any applicant, owner, occupant or user who shall apply for a connection to the City water mains which connection shall be open at all times for the purpose of fire protection, shall apply in writing to the Water Department giving detailed information as to the size of main required, location of main and a copy of the plans of the system that shall be served by such connection. Such applicant shall furnish and install a� between the point of connection to the City main ", a shut off valve +�-a��ele or if the same be installed by the City, the cost thereof shall be paid by the said applicant. Such �el�shutoff valve shall at all times be open for inspection purposes to the Water Department personnel, but maintenance and cost of repair of the valve and tap shall be the sole responsibility of the applicant desiring such service. In the event a single connection is made for the joint purpose of fire protection and potable water use, applicant shall split the connection line and provide separate shut off valves for each use, a minimum distance of 20 feet from the outermost point of the building. Such permit may be granted by the City upon such conditions as may be deemed by the City Council to be in the best interest of the City including requirement by the City of the installation of any valve and meter for water use detection purposes. 4�02,�� 402.26. RESTRICTION It shall be unlawful for any person, firm or corporation having such an open main for the .� Fridley City Code Page 9 Chapter 402 purpose of the protection to make any connection to such main for any purpose other than the one noted in the original request to the Water Department. 4g2.20�. 402.27. CITY NOT LIABLE The City shall not be held liable at any time for any deficiency or failure in the supply of water to the customer whether the same be occasioned by shutting off the water for repairs or connections, or for any cause whatsoever. dn-,�?? � 402.28. RATES The City Councit shall have the authority to prescribe the rates to be charged for water and sewer service to the customer from time to time and may prescribe the date of billing, a discount for the payment of any bill within a reasonable time, and such further rules and regulations relative to the use and operation of such systems as it may deem necessary from time to time. 4�02.22, 402.29. INDUSTRIAL USER STRENGTH CHARGE 1. Recitals. The Metropolitan Council Environmental Services (MCES) ', a metropolitan commission organized and existing under the laws of the State of Minnesota (the " '""MCES"), in order to receive and retain grants in compliance with the Federal Water P�Ilution Control Act Amendments of 1972 and regulations thereunder (the "AcY'), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System, as defined in Minnesota Statutes, Section 473.121, Subdivision 24, and to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the cha�ge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge allocated to it each year by the ', MCES it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the County Auditor as a tax lien against the property served. 2. Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the MCES that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength 65 Fridley City Code Chapter 402 Charge"). 3. Establishment of Strength Charge Formula. Page 10 For the purpose of computation of the Strength Charge established by Section 402.22.2, there is hereby established, approved and adopted in compliance with the Aet the same strength charge formula designated in Resolution No. 76-1972 adopted by the governing body of the MCES on June 15, 1976, such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. 4. Strength Charge Payment. It is hereby approved, adopted and established that the Strength Charge established by Section 402.22.2 above shall be paid by each industrial user receiving waste treatment seniices and subject thereto before the finrentieth (20th) day next succeeding the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date an industrial user shall pay interest compounded monthly at the rate of finro-thirds of one percent (2/3%) per month on the unpaid balance due. 5. Establishment of Tax Lien. As provided by Minnesota Statutes, Section 444.075, Subdivision 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Section 402.22.2 above is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge, plus accrued interest established pursuant to Section 402.22.4, shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the County Auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not p�eclude the City or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy. (Ref. 629) 492,�3. 402.30. METER DEPOSIT 1. The deposit for the water meter made to the City as provided above for the purpose of the installation of such water meter shall be returned to the person depositing such money whenever such person shall leave the premises and the water service is disconnected, and the meter returned in good condition and not damaged, provided further that there are no delinquent or unpaid water or sewer chargers or bills accumulated to the date of the termination of such service. If there are unpaid bills or charges, these must first be deducted from the deposit. Whenever any consumer shall become delinquent in payment of any bill, the City shall be entitled to deduct from said deposit the amount of the unpaid bill, and may discontinue service to the consumer until the depleted deposit sum shall be increased to the �� Fridley City Code Chapter 402 original amount required under this Chapter. Page 11 2. The liability of the City for the return of said deposit however shall be limited to the funds as are available in the Water Department and shall not constitute a general obligation of the City. If an owner shall sell or transfer the premises to another person, the purchaser thereof shall be entitled to the return of said deposit in lieu of the original applicant upon the following conditions: A. Upon satisfactory proof of transfer of title and possession of said premises at least six (6) months prior to application for the refund; or, B. If the prior owner failed to apply for such refund. Such refund, however, shall be subject to all other restrictions of this Chapter. dn-�?�?d 402.31. TAMPERING It shall be unlawful for any person to tamper with, use, alter or damage any water line or connection of any type or part thereof or any fire hydrant, curb or valve box or street valves or any sewer line or connection of any type or part thereof without authority from the City. Any person who shall damage any part of the municipal water system, or any pipe or connection of any type or part thereof, including any hydrant or valve, or any part of the municipal sewer system or any pipe or connection of any type or part thereof, shall be liable for the damage or loss to the City caused thereby. 452.25�. 402.32. SURFACE WATER INTO SANITARY SEWER It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any storage water to drain into the sanitary sewer system of �he City of Fridley. 4�02t?�. 402.33. CITY INSPECTION 1. All installation work or repair of connections to the municipal sewer and water system, including grades, bends and back-filling shall be performed under the direction and supervision of the City Manager or the City Manager's designee. No work shall be covered or back-filled until directed by the City Manager or the City Manager's designee. All work and excavations shall be protected by barricades and warning markers and lights reasonable and suitable to the purpose. The City shall be held harmless of any claim or loss as might otherwise arise for damage or loss of injury caused by or arising by reason of such work being performed; and the applicant, owner or user performing or causing such work to be done shall give a report to the City with respect thereto. 2. No digging on any permanent type street shall be permitted except by special permission from the City. 3. Whenever a water user questions the accuracy of the meter, and desires that such meter be tested, such person shall pay a fee of five dollars ($5.00) if the meter tests accurate within a 67 Fridley City Code Page 12 Chapter 402 range of minus three percent �-3%) to plus one and one half percent (1-1/2%). If it is not accurate within this range, no charge will be made for testing and an adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate. 452.2.�. 402.34. WATER CONSERVATION In order to ensure an adequate water supply for human consumption, sanitary purposes, and fire fighting purposes, the City Council may establish by resolution water conservation regulations as they may be required from time to time. (Ref. 922) 4g2�.2�. 402.35. TERMINATION NOTICE Requests for turning off the water shall be made in writing thirty (30) days prior to the time for which payment has been made. Otherwise, the owner of the premises shall be liable for water rent for the next period. 4�9. 402.36. INSPECTION & CORRECTION The City Manager or any authorized employee or agent of the City shall have right to enter and be admitted to any lands and property in the City for the purpose of inspection of materials, plumbing work and fixtures of all kinds used by or in connection with the water and sewer systems. Any and all work, construction, alteration, repair, addition to, remodeling, moving, use, maintenance and occupancy of any building and the work and installation of any utility and appliance thereof and in use therewith to which the codes herein referred to apply shall be done and performed strictly in accordance with this Code. If, after inspection, any of the same are found not to be in accord with this Code, then the same shall be corrected upon notice from any duly authorized representative of the City of Fridley authorized to give such notice. If, after such written notice to any person performing any work which requires correction thereof, such person neglects or refuses to correct such work and fails to make the same conform to this and to the order of the City's representative, the City by any of its duly authorized representatives may remove such work and charge the cost thereon to the person installing the same. No person shall cover any such work without the same being first duly inspected. 442.3�0. 402.37. SEPARATION FROM PRIVATE WATER Whenever any premises are connected to the municipal water system, there shall be maintained a complete physical separation between the municipal water supply system and the private water supply system, so that it is impossible to intentionally or unintentionally allow any water produced by a private system to be introduced into the supply line from the municipal system. 4�3��-. 402.38. CHARGES WHERE NOT METERED Any water obtained by any person, firm or corporation from the municipal water system which is not paid for by the consumer or the user thereof by payment of water charges or rates .: Fridley City Code Chapter 402 Page 13 determined by a meter shall be charged at and paid for by such consumer or user upon an estimate of the quantity of water used as computed at the established rate for such purpose or use, except that the Council may waive payment of such charge where deemed by the Council to be in the interest of the City. 24�1-a. 402.39. ENFORCEMENT It shall be the duty of such administrative personnel as designated by the City Manager to ensure compliance with the provisions of this Chapter. 4�2. 402.40. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. .• � AGENDA ITEM � CITY COUNCIL MEETING OF AUGUST 28 2000 � CfTY OF FRIDLEY INFORMAL STA'TUS REPORTS 70