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02/11/2002 - 4732r a CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 7:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/MT NAMF, AflflRFSS AND /TFM NUMSSR YaU ARF /NTiEitFSTb'0 /M. i ( �'�`/� \, , . /iiii/ / _ ii : / '� \ � y -: /g ,�.�' /i ��y: „ � . . �C�F��o - ./ �� ��'" ... � s \ . . � . ..// // � ��� � - �// � �.������.�„ �� 6�/%i.. �/ �� .: � ,,, ///., .... , � ; ., ..a - .., .:° , ....�..,, �. ��:> `• , : : /� � i.� ,� .> „ ' ���a '�, . . _. .... .-. ....._. ._:: : ,', „I .. . .. , , . . . . . .:, .......��,. . .. .-�..�. , . /� � 0'� __ �.�� �� .� /(/�� r' � - i�i u �4. � � CITY COUNCIL MEETING OF FEBRUARY 11, 2002 ClTY 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 28, 2002 OLD BUSINESS: 1. Second Reading of an Ordinance Under - Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and _ Authorizing the Sale Thereof (Generally Located Near 1200 Cheri Lane N.E.) (Ward 1) ...................................................................................................... 1 - 3 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Receive Bids and Award Contract for Repair of WellNo. 12 ................................................................................................... 4- 6 3. Receive a Petition in Support of Street Improvement ProjectNo. ST. 2002 - 1 ............................................................................... 7- 11 4. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Edgewater Gardens Neighborhood Street Improvement Project No. ST. 2002-1 ..................:................................................................................. 12 - 13 5. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use .......................................... 14 - 15 6. Resolution Extending Survivor Benefits to Members of the Consolidated Police Relief Association................................................................................................... 16 - 17 � 7. Resolution Authorizing an Amendment of the Agreement Befinreen the City of Fridley and Independent School District 14 for the Joint Use of the Fridley Community Center ........................................................... 18 - 21 � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Appointment - City Employee ....................................................................... 22 9. Claims .....................................................................:..................................... 23 10. Licenses ....................................................................................................... 24 - 26 11. Estimates ...................................................................................................... 27 ADOPTION OF AGENDA. - OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. � , � . FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 4 NEW BUSINESS: 12. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Exterior Storage Requirements ..................................................... 28 - 29 13. Informal Status Reports ..................................................................................... 30 ADJOURN. _ .� � �` � �� ��. � � - a FRIDLEY CITY COUNCIL MEETING OF FEBRUARY I1, 2002 �oF ��� 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 Co(lins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: ,' '�" �� � � � �� City Council Meeting of January 28, 2002 � �,� (�.�� v�► � � � � � ��� �. � �t ���,.� OLD BUSINESS: 1. Second Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally � Located Near 1200 Cheri Lane N.E.) I„ (Ward 1) .................................. 1 - 3 1 lV , -::,, � ,� � , � NEW BUSINESS: 2. Receive Bids and Award Contract for Repair of Well No. 12 .................................. 4- 6 3. Receive a Petition in Support of Street Improvement Project No. � * ST. 2002 - 1 ............................... � ._,. ,.:,ra.�.. �»°�� / � : � APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use .................1�;��•0�......... 14 -15 �� 6. Resolution Extending Survivor Benefits to Members of the Consolidated Police Relief Association .............�b�.�....... 16 -17 I�s 7. Resolution Authorizing an Amendment of the Agreement Between the City of Fridley and Independent School District 14 for the Joint Use of the Fridley Community Center ................... .. ��/......... 18 — 21 1�,a.6 ° 8. Appointment — City Employee ...... 22 9. Claims ......................................... 23 ��� � ��� � � �' . 7 -�11 �`� � �� � �`� �� ���� �� 10. Licenses 4. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: /)( Edgewater Gardens Neighborhood �� Street Improvement Project No. ' ST. 2002-1 ................................... 12 -13 \ 11. Estimates .............. 24 - 26 27 F ' FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 ADOPTION OF AGENDA. �� ��� � � i }���� OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. �o �, r� ``�- NEW BUSINESS: 12. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Exterior Storage Requirements 28 - 2g .................................. �l� �� �y� �� 13. Informal Status Reports ..................... 30 0 ADJOURN.�j {}�� � � } �� ��� 1� �,7 y, � PAGE 2 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 28, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: _ Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Billings stated that he would like Item 4 removed and put on the regular agenda for discussion. Councilmember Bolkcom stated that she would like Item 2 removed and put on the regular agenda for discussion. MOTION by Councilmember Barnette to approve the proposed consent agenda as amended with Items 2 and 4 put on the regular agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of January 7, 2002. APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF JANUARY 2, 2002: RECEIVED. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 2 2. APPROVE COMPREHENSIVE SIGN PLAN FOR EAST RANCH ESTATES, PHASE II, GENERALLY LOCATED AT 7610 IJ1vIVERSITY AVENUE N.E. �RD?Z THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. APPROVE AMENDMENT NO. 1 TO THE AGREEMENT FOR ADMINISTRATIVE SERVICES BETWEEN THE CENTER FOR ENERGY & ENVIRONMENT AND THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that staff is asking that the agreement be extended an additional yeaz or until CEE can wrap up work on pending housing rehabilitation applications. Staff recommended Council's approval. APPROVED AMENDMENT NO. 1 TO THE AGREEMENT FOR ADMINISTRATIVE SERVICES. 4. RESOLUTION NO. 9-2002 AUTHORIZING THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO CARRY OUT A SPECIAL PROJECT TO DISPOSE OF COUNTY-OWNED EXCESS RESIDENTIAL PROPERTY LOCATED IN FRIDLEY: THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. RESOLUTION NO. 10-2002 ORDERING ADVERTISEMENT FOR BIDS: 2002 MISCELLANEOUS CONCR�TE REPAIR, PROJECT NO. 344: Mr. Burns, City Manager, stated that the resolution covers remedial concrete curb repair as a result of utility work or driveway construction. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 10-2002. 6. RESOLUTION NO. 11-2002 ORD�RING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY AND STORM SEWER LINING PROJECT NO. 345: u Mr. Burns, City Manager, stated that $135,000 has been budgeted for this project. Staff recommended Council's approval. ADOPTED RESOLUTION NO.11-2002. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 3 7. RESOLUTION NO. 12-2002 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2002-10: Mr. Burns, City Manager, stated that this resolution authorizes bids for the City's 2002 sealcoating project. The amount of $100,000 has been budgeted for sealcoating City streets in the west central portion of Fridley. The amount budgeted is down considerably from prior years due to budget constraints. Staff recommended Council's approval. ADOPTED RESOUTION NO. 12-2002. 8. RESOLUTION 13-2002 AUTHORIZING AND DIRECTING THE REASSIGNMENT OF SPECIAL ASSESSMENTS FOR THE CIC NO. 80 TALIAS TOWNHOMES: Mr. Burns, City.Manager, stated that the special assessments included in this resolution are the University Avenue Service Drive assessments for the townhomes recently built. Since lot and block numbers are changing, Council is being asked to change the assessment. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 13-2002. 9. APPROVE 2002 ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND THE BRIGHTON VETERINARY HOSPITAL: Mr. Burns, City Manager, stated that this is an extension of the existing contract with Brighton Veterinary Hospital in New Brighton. There are no changes in compensation or terms of the agreement. Staff recommended Council's approval. APPROVED 2002 ANIMAL CONTROL CONTRACT. 10. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND GOVERNMENT & ENTERPRISE SERVICES: Mr. Burns, City Manager, stated that, the agreement would extend the contract for � lobbying services associated with the Highway 65 and the 85�` Avenue bikeway walkway projects and would cost $14,000. Staff recommended Council's approval. APPROVED AGREEMENT WITH GOVERNMENT & ENTERPRISE SERVICES. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 4 11. APPROVE CITY OF FRIDLEY PAY EQUITY IMPLEMENTATION REPORT: Mr. Burns, City Manager, stated that this report is required by the Minnesota Department of Employee Relations. It is based on comparative pay for the City's male and female dominated job classes. Staff recommended Council's approval. APPROVED PAY EQUITY IMPLEMENTATION REPORTO. 12. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, stated that it is recommended that Jason Rustman be appointed as Lead Liquor Store Clerk. He replaced Burt Dahlquist who retired. Jason has been a part-time employee in the store since January of 1999. He recently completed his Associate of Arts degree in business and financial management at North Hennepin Community College. He has been an outstanding employee. Staff recommended Council's approval. APPOINTED THE APPOINTMENT OF JASON RUTSMAN TO LEAD LIQUOR STORE CLERK. 13. CLAIMS: APPROVED CLAIM NOS.103315-103662. 14. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as amended with Items 4 and 2 placed after Item 16. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No persons in the audience spoke. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 5 PUBLIC HEARINGS: 15. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO EXTERIOR STORAGE REQUIREMENTS (BOAT, CAMPER AND TRAILER PARKING): MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:40 P.M. Mr. Hickok, Community Development Director, stated that staff is requesting consideration of a zoning text amendment that would change the City Code requirements for the pazking of non- motorized camper trailers, boats, and utility trailers. In 1998, the City's systematic code enforcement program revealed that a number of property owners were storing utility trailers and camping trailers and boats in their front yards and on their driveways. Two variance requests that were made in 1999 to store travel trailers in the front yard and on driveway were denied. Mr. Hickok stated that on September 17, 2001, Council held a hearing to discuss the existing ordinance and to allow residents to voice their opinions. Approximately 60 people spoke. The majority of those who spoke owned camper trailers and were in favor of parking them on the driveway seasonally. He stated that other cities have several different options regulating pazking ranging from very simple to very complicated. Fridley allows outdoor storage on the side or rear yard for non-motorized boats, trailers and campers. Motorized RV's are required to be parked on a paved surface and that could be the driveway. Basically there are three options. Option 1 would be to leave the ordinance as is. Non-motorized storage is allowed beside or behind the house. Motorized storage is allowed on the driveway. Option 2 would be to repeal the existing language in the ordinance and simply allow outdoor storage in all portions of the yard in residential districts. This is the easiest to enforce. Option 3 would allow non-motorized storage in the front yard on a paved service. Mr. Hickok stated that the Planning Commission held a public hearing on the proposed ordinance at its meeting on January 2. The Planning Commission recommended ridding the draft ordinance of the provision requiring that trailers not extend more than 25 feet in front of the home. They suggested requiring that no portion of the trailer may be closer than 15 feet to the back of the curb on a given lot. The motion to recommend approval passed on a 5 to 1 vote. Changes to the language in the code would be under Exterior Storage. Staff recommended that the proposed language for the third option be approved by the City Council and the first reading of the ordinance be scheduled for February 1 l, 2002. Ms. Donna Reisner, 6424 Pierce St. NE, asked if this would allow them to keep their camper where it is. Councilmember Wolfe stated that it would depend on which option was voted on. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 6 Mr. Hickok sta.ted that they looked at aerial photography of the camper for a measurement. There is 40 to 45 feet from the front of their house to the curb. Based on those measurements, the camper can be placed on the front driveway. Mayor Lund asked that if Section C-1 should say "motorized and non-motorized." Mr. Hickok stated that the motorized vehicles are regulated by another portion of the code. Mayor Lund asked if this was a deviation from the current code when people pazk their campers on the side yard. He asked if they were required to put them on a hard surface. Mr. Hickok stated that they are required only if it is motorized. Councilmember Wolfe stated that this would be an easy option to choose because only a tape measure would be needed to determine if there was enough room. . Mayor Lund asked if most measurements would work with the public right-of-way. Mr. Hickok sta.ted that rights-of-way range from 7.5 to 15 feet. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:50 P.M. 16. CONSIDERATION OF A REQUEST TO DECLARE A CERTAIN PARCEL OF CITY-OWNED REAL ESTATE SURPLUS AND TO AUTHORIZE THE SALE THEREOF, GENERALLY LOCATED NEAR 1200 CHERI LANE N E(WARD � MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:50 P.M. Mr. Hickok, Community Development Director, stated that this is to a declare pazcel of property adjacent to the Skywood Apartments near 1200 Cheri Lane N.E. excess and authorize its sale. The property is owned by Dr. Alexander Levitan. The owners of the apartment complex improved their parking situation and inadvertently placed parking curb and gutter over the area. This is a recommendation to approve and authorize parcel as excess property and to approve its sale based on certain conditions. They are recommending the elimination of one parking stall that is on the public right-of-way. There is some parking in the curb area south of the area also. Menard's is aware of the problem. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 7 Councilmember Billings asked if this parcel would be available to only one purchaser. Mr. Hickok stated that the public hearing was being held to offer the opportunity for others to speak. Councilmember Billings asked if Menard's was sent notification. Mr. Hickok stated that they had been sent notification. Councilmember Billings asked if this was a good deal if they do not reach agreement with Menard's regarding the little wedge of property south. Mr. Hickok stated that it is a good deal because their circulation depends on that triangular piece of land. If the situation with Menard's is not rectified, that is another issue with parking. This is the optimum location in terms of curvature of the roadway and the location of the apartment building. There may be parking issues internally to still work out. Councilmember Billings asked if the square piece of land to the right of the triangular piece of land was significant. Mr. Hickok stated that it was outlined only to make a distinction between the different parcels. There are three parcels in the legal description of the plat as well. Councilmember Billings stated that if they do not reach agreement with Menard's, they do not have a couple of parking stalls to deal with, they have a driveway to deal with also. Mr. Hickok stated that was correct. The entire width of the drive is on Menard's property. Mayor Lund stated that this is a significant encroachment on someone else's property. He does not know how that came about. Mr. Hickok stated that he cannot offer an answer to that. Councilmember Billings stated that it is hazd to believe it is a mere oversight. Councilmember Barnette stated that he recalled that Menard's was not there when the pazking lot was first put in, and it has switched different owners. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:00 P.M. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 8 NEW BUSINESS: 4. RESOLUTION AUTHORIZING THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO CARRY OUT A SPECIAL PROJECT TO DISPOSE OF COUNTY-OWNED EXCESS RESIDENTIAL PROPERTY LOCATED IN FRIDLEY: Councilmember Billings asked if any properties have setbacks that are less than code allows. Mr. Burns, City Manager, stated that at least one was on a non-conforming lot. Councilmember Billings asked to what extent it was non-conforming and why would they want to enter into an agreement to allow a non-conforming situation to exist. He asked if that was the reason the Anoka County Highway Department did not purchase the homes in the first place because we would not let them buy the strip of land from the property owner and create a non- conforming property. Mr. Hickok, Community Development Director, stated that in each case there are setback deficiencies. One property is short by less than half a foot with respect to the proper setback. There was discussion about the design of the project. The City was inclined to grant a variance based on size and Council did not see movement toward making smaller lots sizes for the City. The County asked if the Hugo property should ask for a variance. Staff were clear the variance would not be granted. Staff suggested that the alternative was to recognize these properties as non-conforming and see what the market would do if they were sold. Mr. Burns, City Manager, stated that he is not sure it is the City's prerogative to deny use of the property if they are non-conforming. The County Housing and Redevelopment Authority or the County Highway Department would sell them without any restrictions on our part. The consequence would be if the property would be destroyed by fire, they would lose the use of the property. Mr. Hickok stated that was true. They need to recognize non-conforming structures with mortgage lenders and insurance companies. There are some very nice houses on these properties that are viable. Mr. Burns stated that they aze priced so a first-time home buyer may be able to purchase them. Councilmember Bolkcom asked what kind of protection there is for someone with low to moderate income when they buy these lots. Are they advertised as non-conforming? Are we doing them an injustice and can we put something in here so people are aware of that? Mr. Hickok stated that the City could certify the non-conformities on the property but in each case the title insurance would find and describe them. We also keep the address file to show the deficiencies. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28. 2002 PAGE 9 Councilmember Bolkcom stated that we need to do something to certify that they are non- conforming. These properties are listed on the agenda but sometimes we shorten it so much that people are not awaze of the exact properties. Those properties are listed as 461 Hugo St., 8102 Fairmont Circle, 8114 Fairmont Circle, 7948 East River Road, 8180 East River Road, 8200 East River Road, and 510 Janesville Street. Once this resolution is passed, how do people find out about these properties? Mr. Hickok stated that the transaction between the Anoka County Housing and Redevelopment Authority and the Anoka County Highway Department depends on whether the HRA can do this in Fridley. The best bet would be for interested people to contact the Anoka County HRA. The Anoka County HRA has a package of finance opportunities for first-time home buyers. Councilmember Billings stated that he recollects the main reason the Anoka County Highway Department purchased these homes in the first place is was that the City of Fridley told them it would not approve the plans for East River Road. We would not allow them to buy a portion of the property and create non-conforming properties. They are figuring that three years later we do not remember what we did three years ago. The Anoka County HRA cannot operate in the City without authorization from that City, and if this is voted on it needs additional language to indicate that something must be attached to the land records of each pazcel regarding the non- conformities. Mr. Hickok stated that the County will recognize that properties were diminished. There is nice housing there and they need to recognize it is non-conforming. Councilmember Bolkcom asked Mr. Hickok if he knew exactly which non-conformities were on every address. � Mr. Hickok stated that he could tell the range that varies from a 17.25-foot side yard to a side yard that has only inches between the house and the right-of-way edge. It ranges from that to diminished side yazds such as the one on Hugo where the edge of the right-of-way comes up to the corner of the house. The side yard setback there is much less than a foot. Mr. Burns asked if there was legal leverage with the County to require them to tear this home down. Mr. Hickok stated that he is not aware of that. Councilmember Bolkcom asked how these are different than the other homes that were non- conforming that were either torn down or moved out. The one on the corner of 71 St and East River Road had a very nice house. Mr. Hickok stated that they ended up buying the entire house and in some cases the house is actually sitting on the public right-of-way. They have the decision to move or take the house down. They are now trying to decide what to do. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 10 Councilmember Bolkcom stated that the house on Hugo is right on the borderline. She asked if we have some legal obligation for non-conforming homes that we aze treating differently than we have in the past? Mr. Knaak, City Attorney, stated that there is not an affirmative duty to take down non- conforming structures. They cannot, however, be rebuilt if they are destroyed. Councilmember Bolkcom stated that she would hate to see the house destroyed but she is concerned about someone purchasing the property unawaze of the problem. Councilmember Barnette stated that maybe this could be tabled and staff could work with the County HRA to come up with language to protect the buyers. Councilmember Bolkcom stated that they could go back and ask them the question of why this is different than in the past. Mr. Hickok stated that there is a broad spectrum of options here. The City could tell the County it is not comfortable with this and ask what needs to be done to rectify the problem. The City could file for each one of the properties at the County offices. Owners looking at the title work would then see the properties as non-conforming. Mr. Burns asked if it would be possible to get the County HRA to cooperate and take some permanent action for advertisement for potential buyers. Mr. Hickok stated that their mission is like our's. It is fair to ask if the County would make known all those things. Councilmember Bolkcom asked if they could table this item tonight. Mr. Hickok stated that the County is interested in rectifying this matter as soon as possible. The Hugo property needs to be taken caze of. MOTION by Councilmember Bolkcom to table this resolution. Seconded by Councilmember Billings. Mayor Lund stated that it may be better to work with the County HRA rather than just vote no to this motion. Unsuspecting buyers may still be in the same predicament. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE _ MOTION CARRIED UNANIMOUSLY. 0 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 11 2. APPROVE COMPREHENSIVE SIGN PLAN FOR EAST RANCH ESTATES, PHASE II, GENERALLY LOCATED AT 7610 UNIVERSITY AVENUE N.E.(WARD 3): Councilmember Bolkcom asked if at the current time there was only one tenant. As the tenants come forward, there would still have to be a sign permit pulled for each area. She said council is approving the overall signage and plan for the whole project area. Mr. Hickok stated that was correct. Any time there are three or more tenants, there needs to be consistency in the signage. This approval tonight would make sure that happens. MOTION by Councilmember Bolkcom to approve the comprehensive sign plan for East Ranch Estates, Phase II. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. 17. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTAE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED NEAR 1200 CHERI LANE N.E.): MOTION by Councilmember Billings to waive the reading and adopt the ordinance on first reading with the following stipulations: 1. Dr. Levitan cover a11 filing fees associated with transaction; 2. Parcel be combined with Dr. Levitan's existing property; 3. Dr. Levitan cover City's costs associated with preparation of a quit claim deed; 4. Dr. Levitan and future owners agree to stipulation on purchase, that this site not be used for telecommunications facilities and equipment, beyond currently approved lines that exist below grade; 5. Dr. Levitan provide a letter of intent and performance bond or cash deposit in the amount of $2,000 to ensure the parking space overhanging the City's right-of-way is removed, curbing on that portion of parking lot is reinstalled, and boulevazd area is restored by July 1, 2002. Seconded by Councilmember Bolckom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�IIMOUSLY. MOTION by Councilmember Billings to amend Section 4 of the ordinance as follows: "The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of the above-described real estate, for $1/square foot, to the adjacent property owner, with the following conditions: •��� Purchaser cover all filing fees associated with transaction. • Parcel be combined with T�r r�<,:*�r'c purchaser's existing property. •� r.�::� Purchaser cover City's costs associated with preparation of a quit claim deed. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 12 •��� Purchaser and future owners agree to stipulation on purchase, that this site not be used for telecommunications facilities and equipment, beyond currently approved lines that exist below grade. •�.-� Purchaser provide a letter of intent and performance bond or cash deposit in the amount of $2,000 to ensure the parking space overhanging the City's right-of- way is removed, curbing on that portion of parking lot is reinstalled, and boulevard area is restored by July 1, 2002. •�t� Purchaser go through variance process to recognize sub-standazd parking setbacks." and an addition bullet added stating: •"The sale shall be effective by July 1, 2003." Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings stated that it should be clear it is offered for sale to the adjacent property owner, not just anyone. He has a problem naming a particular purchaser in the ordinance. He said a time constraint was needed so that 20 years from now someone cannot come in and say that they can buy it for $1.00 per square foot. This is a one-time offer and needs time conditions. Councilmember Billings stated that they need enough time to negotiate and make a business decision. He said they may decide to get all the stuff off the right-of-way, but if they are not able to reach a reasonable settlement with Menard's about the driveway, this will allow them some time to reach an agreement. Councilmember Bolkcom asked what would happen if they do not go through with the whole purchase. Mr. Hickok stated it is clear that the City will abate it as a nuisance issue if not rectified through this process. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE � MOTION CARRIED UNANIMOUSLY. 18. INFORMAL STATUS REPORTS: Councilmember Billings stated that the Minnesota Housing Finance Agency has a proposal for an adoption of a mixed housing development bill. He asked for an analysis of the proposal by the next Council meeting. FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2002 PAGE 13 Mr. Burns, City Manager, stated that it is an attempt to place the burden for affordable housing on local government. Mr. Hickok stated they could address that topic. Councilmember Bolkcom asked what they were going to do with the application for the vacancy on the Planning Commission. Mr. Burns stated that he would find out how many applicants there are. Councilmember Bolkcom asked if it was possible to review that before the next meeting. Mr. Burns stated that they could. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JANUARY 28, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:35 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor � � CRY OF FRIDLEY LEGISLATIVE ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2002 Date: February 5, 2002 To: William Burns, City Manager �� � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: 2nd Reading Of An Ordinance Declaring Certain Real Estate To Be Surplus And Authorizing Sale Thereof. M-02-16 INTRODUCTION The Skywood Apartments, owned by Dr. Alexander A. Levitan, are located at 1200- 1290 Cheri Lane. The owners of Skywood Apartments had inadvertently expanded the parking area for the apartments by expanding onto a 4,752 square foot triangle of City owned property (without the City's consent) and, as a recently submitted survey revealed to City Staff, Menards property. All issues with expansion of the parking lot over the Menards property have been resolved and Dr. Levitan has agreed to the City's conditions placed on the sale of this property. The parcel in question is not buildable as a stand-alone parcel and the City has no plans for future use of this property. STAFF RECOMMENDATION Staff recommends holding the 2nd reading of the ordinance declaring this property surplus and selling the property for $1/ square foot, with the conditions listed in the attached ordinance. 1 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: All of Lot Five (5), Auditor's Subdivision No. 94, except that part platted as Skywood Addition and except that part taken for highway and except that part described as follows: Commencing at a point on the South line of the North half of the South half of the Southwest quarter of Section 24, where the South line of State Highway #100 right of way intersects said line, thence West along South line of North half of South half of Southwest quarter of Section 24 a distance of Six Hundred Seventy Five (675) feet, thence North at right angles a distance of One Hundred Twenty Three (123) feet more or less to the intersection of said line with the South right of way line of State Highway #100, thence Southeasterly along said South right of way to point of beginning, Anoka County, Minnesota. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of the above- described real estate, for $1 /square foot, to the adj acent property owner, with the following conditions: • Purchaser cover all filing fees associated with transaction. • Parcel be combined with Purchaser's existing property. • Purchaser cover City's costs associated with preparation of a quit claim deed. • Purchaser and future owners agree to stipulation on purchase, that this site not be used for telecommunications facilities and equipment, beyond currently approved lines that exist below grade. • Purchaser provide a letter of intent and performance bond or cash deposit in the amount of $2,000 to ensure the parking space overhanging the City's right-of-way is removed, curbing on that portion of parking lot is reinstalled, and boulevard area is restored by July l, 2002. 2 • Purchser go through variance process to recognize sub- standard pazking setbacks. • The sale shall be effective by July 1, 2003. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 2002. ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: January 28, 2002 Second Reading: Publication: 3 SCOTT J. LUND — MAYOR / � CRY OF FRIDLEY TO: :�u DATE suBJECT: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2002 William W. Burns, Ci Mana er � ry g �,�� Jon H.�Haukaas, Public Works Director Paul Lawrence, Public Works Superintendent January 31, 2002 Well Number 12 Repair PW02-015 $65,000.00 has been appropriated in the FY 2002 capital improvement budget for the repair of Well No. 1 and Well No. 12. In December of 2001 Well No. 10 failed and the repair of Well No. 10 originally scheduled for FY 2003 was substituted for repair of Well No. 1. Well No. 1 has been rescheduled for repair in FY 2003. The repair of Well No. 10 is scheduled for completion the first week in February for about $20,000.00. On January 29`� three bids were received for the repair of Well No. 12, with the following results: Bergerson-Caswell for $22,681.00, Keys Wel� Drilling for $22,850.00 and Traut Wells for �37,615.00. Bergerson-Gaswell has performed qualiry work for the City in the past. Bergerson-Caswell can begin work a few days after award and complete the work before the end of March. The work can be completed on both wells for an amount much less than the budget available. Recommend the City Council receive the bids and award the contract to Bergerson-Caswell in the amount of $22,681.00. Attachments � � B[D FOR PROPOSALS REPAIR OF WELL NO. 12 JAI�iUARY 29, 2002, 11:00 A.M. Bergerson Caswell CNA 5% $22,681 Start: Feb S 115 Industrial Complete: Mazch Maple Plain MN 55359 Keys Well Drilling Capital 5% $22,850 413 N Lexington Parkway St Paul MN 55104 Traut Wells United 5% $37,615 151 72nd Ave St Cloud MN 56301 E H Renner NO BID 15688 Jarvis Elk River MN 55330 5 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 2002 City of F�idley As of 10/31/01 State of Minnesota Water Capital Improvements 2001 Well repair # 5 8� 9 •• Replace 400 ft Watertnain on Rice Creek Blvd • Replace Roof on Wellhouse #8 Eliminated dead end lines - Hilicrest Dr to Femdale SVeet Project - wateRnain replacement Total 2002 Repair weil # 1 8� 12 Street Project - watertnain replacement Hickory Dr wateRnain replacement - 69th Way to 70th Cir. Replace back wash electronics at Commons Commons Plant Recycie Vault Floor Modifications Irragation System at Commons Filter Plant Total 2003 Repair well # 10 8� 11 Street Project - watermain replacement Interior repair, exterior inspection repair 8� painting of 1 1/2 MG standpipe at 53rd 8 Johnson St. ' Reconstruct water line 73rd & 73 1/2 {Salvage Yard Redevelop) (with HRA) Commons Park GAC Plant (Superfund Dollars/Grant) ' Repair Shop & Storage Building ' Hartman Circle Loop Total � 65,000 50,000 10,000 10,000 200,000 3S 35,000 65,000 100,000 100,000 40,000 30,000 20,000 355 000 65,000 100,000 100,000 50,000 6,000,000 300,000 50,000 � 6,665,000 , � � � QiY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2002 TO: William W. Burns, City Manager ,, a � �� FROM: Jon H�Haukaas, Public Works Director DATE: SUBJECT: January 24, 2002 PW02-012 Petitions for ST 2002 - 1 Edgewater Gardens Neighborhood Street Project We have received a petition from the Edgewater Gardens neighborhood requesting the Ciry upgrade the streets in their area. Joy Glaser of 16 Rice Creek Way agreed to walk this petition during the Public Hearing at the December 17, 2001 City Council meeting. Mrs. Glaser visited 45 of the 106 residences in the neighborhood and found a lot of support for the project. The petition shows 43 properties in favor of the project and one resident signing against the project. Mrs. Glaser noted that only one other properry she visited would not sign the petition requesting the project. Recommend the Ciry Council receive the petition in support of the Edgewater Gardens Neighborhood Street Improvement Project No. ST. 2002 - 1. J HH:cz Attachment 7 PETITION IN SUPPORT OF STREET IMPROVEMENT PROJECT NO. ST. 2002 -1 WHEREAS the City proposes to upgrade Rice Creek Way, Hickory Street, Ashton Avenue, 65 �i`z Way, 66`� Way, 66 �/z Way and 67`h Way in the 2002 stfeet improvement project, and WHEREAS we have received information on this submittal and support this improvement. �Ve .hereby request that the City continue the plans and specifications and initiate this project for .a �yeaz's construction. : � PETITION IN SUPPORT OF STREET IMPROVEMENT PROJECT NO. ST. 2002.-1 WHEREAS the City proposes to upgrade Rice Creek Way, Hickory Street, Ashton Avenue, 65 �r`iWay, 66`� Way, 66 �`i Way and 67`� Way in the 2002 street improvement project, and WHEREAS we have received information on this submittal and support this improvement. ��.hereby request that the City continue the plans and specifications and initiate this project for year's construction. � PETITION IN SUPPORT UF STREET I�iPROVEMENT PRnJECT �'O. ST. 2l)U2 -1 WHEREAS the Gity proposes to upgrade R.ice Creek Way, Hickory Street, Ashton Avenue, 6S �i Way, 66" Way, 66 �fi Way and 67`h Way in the 2002 street improvernen[ project, aald WHEREAS we have received informarion on this submittal and support this imp�ovement. e hereby request that the City continue the plans and specifieauons and initiate this project forf���ear's construction. 10 PETITION IN SUPPORT OE STREET IMPROVEMENT PROJECT NO. ST. 2002 -1 VVHEREAS the City proposes to upgrade Rice Creek Way, Hickory Street, Ashton Avenue, 65 �`z VVay, 66`" Way, 66 �/z Way and 67`� Way in the 200? street impravement project, and WHEREAS we have received informarion on this suomittal and support this improvemeat. �'4�e.hereby request that the City continue the plans and spe�ifications and initiate this ptoject for year's construction. NAME ADDRESS 3/ 6s �Z G� � � � �� ' fl G s��a �/ �� U^-, � � ' �/ �s �G� �C� ! , � - 6� w r I 11 � � QTY OF FRIDLEY TO FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2002 William W. Burns, City Manaaer (�N �� � Jon H. Haukaas, Public Works Director January 24, 2002 SUBJECT: Resolution Ordering Final Plans: Project No. ST. 2002 - 1 PW02-014 The attached resolution orders the iinal plans, specifications and cost estimates for the Edgewater Gardens Neighborhood Street Improvement Project No. ST. 2002 - 1. Recommend the Gity Council adopt the resolution to proceed into final design of the project. JHH:cz Attachment 12 RESOLUTION NO. - 2002 A RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: EDGEWATER GARDENS NEIGHBORHOOD STREET IMPROVEMENT PROJECT N0. ST. 2002 - 1 WHEREAS, Resolution No. 38 - 2001 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. 62 - 2001 receiving the preliminary report and called for a public hearing on the matter of the construction of certain " improvements for this project, and WHEREAS, a public hearing was held on December 17, 2001 regarding this project, and WHEREAS, the City Council has determined a need to reconstruct the streets to maintain them in a safe condition and at a reasonable cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution 38 -2001 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, necessary repairs to the storm, water and sanitary sewer systems, landscaping and other facilities. 2. That the following work be incorporated in the 2002 street improvement project as ST. 2002 - l. 3. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Director of Public Works, Jon H. Haukaas, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for the making of such improvements. _ PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF FEBRUARY, 2002. � Attested: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR G�� � � CfTY OF FRIDLEIf TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRVARY 11, 2002 William W. Burns, City Manager��� Jon H. H'a� Public Works Director January 24, 2002 Resolution for Use of MSAS Funds PW02-013 In order to be eligible to use our Municipal State Aid System funds on our neighborhood streets, MN rules 8820.1800 requires the City Council request this use by resolution. The attached resolution requests disbursement of the City's population portion of the Municipal State Aid System construction funds for the proposed Edgewater Gardens Neighborhood Street Improvement Project No. ST. 2002 - 1. Recommend the City Council adopt the attached resolution for submittal to the State Aid Office. JHH:cz Attachment 14 0 RESOLUTION NO. -'2002 RESOLUTION REQUE3TING MUNICIPAL STATE AID 3YSTEM CON3TRUCTION FUND3 FOR OTHER LOCAL USE WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and maintaining 20�5 of its City streets, and WHEREAS 25.31 MSAS miles are currently authorized, and WHEREAS 25.22 MSAS streets have been built or resurfaced since 1988, and . WHEREAS the City currently has 100.32 municipal streets that require maintenance and upgrade, and WHEREAS the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS it is proposed to systematically install concrete curb and gutters and storm sewer system for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional surfacing, and WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS the City proposes to improve surface water drainage and rebuild the street in the process, and WHEREAS it is proposed to use a portion of the City's population allocation funds to upgrade local streets, towit: Rice Creek Way, Hickory Street, Ashton Avenue, 65 '-� Way, 66t'' Way, 66 '� Way, and 67th Way, identified as City Project No. ST. 2002 - 1, and WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS the City further aqrees to defend at its sole cost any claims arising as a result of constructing the local street, and - WHEREAS the final approval of the State Aid for Local Transportation Division is therefore given. - NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the release of MSAS funds for the upgrade and reconstruction of City municipal streets, towit: Rice Creek Way, Hickory Street, Ashton Avenue, 65 '� Way, 66th Way, 66 '-� Way, and 67th Way, identified as City Project No. ST. 2002 - 1. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11H DAY FEBRUARY, 2002. ATTESTED: DEBRA A. SKOGEN - CITY CLERK 15 SCOTT J. LUND - MAYOR . . ;, TO: FROM: AGENDA ITEM COUNCIL MEETING OF FEBRUARY 11, 2002 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: BAC%GROUND RELATED TO THE RESOLUTION THAT EXTENDS SiIRVIVOR BENEFITS TO THE CONSOLIDATED POLICE PENSION ASSOCIATION. Date: February 7, 2002 In 1994, the Minnesota State Legislature enacted a law that would extend survivor benefits for a surviving spouse who married a retired or deferred member of a police relief association or its successor boazd. The retiree must have remairied at least 5 years before his or her death. When this bill was enacted, no one under the Police Pension was interested enough to pursue this with either the Public Safety Director or myself. As such, time passed without any action from the City enabling this type of survivor benefit. In the fall of 2000, we were contacted by Ms. Ann Walter. She is the daughter of the spouse of Jim Sprungman, who is a retiree of our Police Department under the old pension plan. Her mother married Mr. Sprungman a$er his retirement. Mr. Sprungman is one of the last two members that are associated with the old benefit structure provided for under the old pension plan. When we consolidated, they opted for continuing benefits as provided for under the private pension plan instead of the features provided for under the Police and Fire PERA plan. Ms. Walter was concerned about her mother's future financial situation in the event of Mr. Sprungman's death. She was aware of the 1994 law change and knew that if the City were to enact the legislation her mother would be covered. I have contacted Ms. Mary Vanek from PERA regarding this issue. I did this to insure that if the City Council enacted a resolution to invoke the survivor benefit allowed under the 1994 law change, it would not be responsible for any additional financial liability. We ha.ve contacted the actuary that performed the financial study when our consolidation occurred with PERA and found that they had determined maximum financial expose and assumed that both individuals would use survivor benefits. This means that PERA took enough money from the funds the City provided at consolidation to fund the extended benefit provided for under the 1994 law. Since this action does not provide any financial burden to the City of Fridley, and it does help with the future fmancial independence of Ms. Jim Sprungman, Staff is recommending the attached resolution. RDP/me Attachment � �� RESOLUTION NO. ,2002 A RESOLUTION EXTENDING SURVIVOR BENEFITS TO MEMBERS OF THE CONSOLIDATED POLICE RELIEF ASSOCIATION WHEREAS, the C'ity Council of the City of Fridley is the official governing body of the City of Fridley; and WHEREAS, in 19�94 the Minnesota Legislature enacted Laws of Minnesota 1994, Chapter 528, Article 6, which pr��vides pension benefits for a surviving spouse who married a retired or deferred member of a police relief association or its successor boazd after the member's retirement but at lease five years before thE� member's death; and WHEREAS, the City Council has been informed by PERA, that the actuarial analysis completed at the time of consolidation, included costs associated with providing the remaining two retirees with the survivor benefit cost; and WHEREAS, the Ciity Council finds that approval of this legislation will not constitute any additional fmancial burden on the City and will promote equity in the distribution of survivor pension benefits; and NOW, THEREFORE, be it resolved that the City Council of the City of Fridley approves+- the Laws of Minnesota 1994, Chapter 528, Article 6 and directs the City Clerk to send a copy of this Resolution to the E:Kecutive Director of the Legislative Commission on Pensions and Retirement, the State Auditor, the S�ecretary of State and the Executive Director of the Public Employees Retirement Association. PASSED AND AD��PTED BY TI� CITY COUNCIL OF THE CITY FRIDLEY THIS DAY OF FEBRUARY, 2002. ATTEST: DEBRA A. SKOGEN — CITY CLERK SCOTT J. LUND — MAYOR 1� ` AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2002 ClIY OF FRIDLEY To: William W. Burns, City Manager �1 �� From: Jack Kirk, Director of Recreation and Natural Resources Date: February 4, 2002 Re: FCC Agreement Attached is a resolution which authorizes approval of a Letter of Understanding to amend the 1996 Agreement between the City of Fridley and Independent School District 14 for the cooperative use of the Fridley Community Center. This Letter of Understanding has been reviewed and agreed to by Jackie Johnston (District 14 Community Education Director) and myself after several meetings to work out the details. I know that you and School District Superintendent Dr. Mary Ann Nelson have also been part of the discussions on this Letter of Understanding, and are both in agreement that it is now ready for signatures. The letter has the City agreeing to help, for the next two years, fund the increasing operating costs of the Fridley Community Center at a greater level than the original agreement of 1996. The City will contribute an additional $26,000 per year to help with higher operating expenditures, the facility supervisor's salary and an additional half-time weekend custodian position. The School District has agreed that it will not raise the rental fees for the rooms that the City has contributed toward remodeling or construction of for at least the two-year time frame of this amendment to the agreement. The cap on the City contribution toward shared operating costs will be eliminated with the new agreement, as we will be adjusting the dollars paid by the City to reflect the fluctuations (up and down) in the energy costs incurred at the FCC. These are the main points in the agreement with the School District and I believe this new agreement will help us operate a better for facility for community use. I would recommend that the City Council approve the resolution authorizing the Mayor and City Manager to sign the Letter of Understanding to amend the 1996 FCC Agreement with the Fridley School District. Attachment : RESOLUTION NO. - 2002 RESOLUTION AUTHORIZING AN AMENDMENT OF THE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND INDEPENDENT SCHOOL DISTRICT 14 FOR THE JOINT USE OF THE FRIDLEY CONIlVIUNITY CENTER WHEREAS, the City of Fridley entered into a Joint Cooperative Agreement with Independent School District No. 14, Fridley, Minnesota, on September 17, 1996, for the joint use of the Fridley Community Education Center, subsequently renamed Fridley Community Center (FCC), located at 6085 Seventh Street N.E.; and WHEREAS, the original 1996 signed agreement continues to be a symbol of continued collaboration that has provided expanded services for the citizens of Fridley through a creative and innovative partnership. The City and School District continue to celebrate the spirit of good faith and cooperation that has mazked this 30-year agreement, first signed in 1996 and amended herein in 2002; and WHEREAS, joint review of the FCC operating history by City and School District staff has revealed that State, City and School District funding sources are inadequate for the future operation of the Fridley Community Center, and WHEREAS, the City and the School District share the operating costs of the Fridley Community Center, NOW, THERI?FORE, BE IT RESOLVED, that the City Council of the City of Fridley authorizes an amendment to the Joint Cooperative Agreement between the City of Fridley and Independent School District No. 14, Fridley, and authorizes the Mayor and City Manager to execute any and all necessary dociunents to effect the stated purpose of this resolution. PASSED AI�iI) ADOPTED BY TI� CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2002. ATTEST: DEBRA A. SkOGEN - CITY CLERK 19 SCOTT J. LUND - MAYOR January, 2002 Letter of Understanding Amendment to the 1996 Agreement between School District 14 and the City of Fridley for the Fridley Community Center This agreement was reached in a joint meeting between the Fridley School District 14 School Board and the City of Fridley City Council on August 20, 2001. This document was formally approved at follow-up business meetings for each group and signed/dated by both parties below. WHEREAS, in 1996 the City of Fridley and the Fridley School District entered into an unprecedented joint powers agreement to share the Fridley Community Center (FCC) site in a manner that maximizes the use of facilities for the benefit of the Fridley community; WHEREAS, the original 1996 signed agreement continues to be a symbol of continued collaboration that has provided expanded services for the citizens of Fridley through a creative and innovative partnership. The City and School District continue to celebrate the spirit of good faith and cooperation that has marked this 30-year agreement, first signed in 1996 and amended herein in 2002. WHEREAS, joint review of the FCC operating history by City and School District staff has revealed that State, City and School District funding sources are inadequate for the future operation of the Fridley Community Center, and Whereas, the City and the School District share the operating costs of the Fridley Community Center, THEREFORE, BE /T RESOLVED that School District 14 and the City of Fridley have agreed that the City will amend the original agreement as follows: A. Additional City Contributions. The City will pledge an additional $26,000 per year for two years. The City will make monthly payments beginning in January 2002. The funding will be used for the following operating costs: 1. $5,000 toward existing operating costs 2. $3,000 toward a portion of the facility supervisor's salary 3. $18,000 toward a half-time custodian assigned to weekend hours". *The custodial position will begin January 1, 2002 and extend through December 31, 2003. B. FCC Community Use Expanded. The added part-time custodian will be assigned to weekend hours to further expand community use of the Fridley Community Center. As a result, the Fridley Community Center will be open on Saturday and Sunday, in addition to regular Friday hours. The City and the School District recognize, however, that they will cooperate in adjusting janitorial hours as may be necessary to accommodate program needs. The School District agrees that it will not raise rental fees for the gymnasium, the kitchen or other parts of the building where the City has contributed to remodeling or new construction prior to December 31, 2003. It agrees further that weekend rental fees will not include extra fees for a custodial salary, subject to the following exception. If the requested hours of use fall outside of the designated work hours covered by the part-time custodian, fees will be Z� charged to pay for the required staff member and/or supervision during those requested hours of facility use rental. C. Level of Custodial Services. The School District pledges to allocate the extra cleaning hours across all FCC maintenance staff and to supervise staff work so as to provide satisfactory cleaning services to the lower level of the FCC, as well as to the whole facility. The past concerns about inadequate cleaning services available to the lower level will thus be resolved. City and School District staff will cooperate in monitoring the acceptability of services. D. Shared Operating Costs. The current cap on City contribution increases toward the shared operating costs for the FCC will be eliminated in the agreement, effective with the July 1 start of the 2001-02 school fiscal year. Further, the energy portion of the City's operating contribution for fuel oil, electricity and natural gas will be adjusted at the end of each fiscal year based on the difference between the projected City budget expenditures and actual end- of-year School District expenditures. If the City contributes more than what was actually spent by the District for energy costs during the school fiscal year, the City will receive a refund of overpayment from the District. If more is actually spent on energy costs by the District than was budgeted by the City, the City will pay the difference to the School District. This agreement will be considered in effect on the date when both parties have signed it below. Signed into effect on this day, the Scott J. Lund Mayor, City of Fridley Dr. William B. Burns Fridley City Manager of , 2002. Lary Johnson Chair, Fridley School Board Dr. Mary Ann Nelson Fridley District 14 Superintendent of Schools 21 � � CfT'Y OF FRIDLEY Name AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2002 Lynn E. Krachmer Appointment Position Appraiser Starting Salary $22.26 per hour 22 Starting Date March 4, 2002 Replaces Mary Smith (Promoted to City Assessor) � � AGENDA ITEM °�'YOF COUNCIL MEETING OF FEBRUARY 11 2002 FRIDLEY � CLA1 MS � 0366v - 10390A, 23 � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2002 Type of License: FOOD Quiznos Subs 7610 University Ave NE Fridley, MN 55432 LICENSES � Approved By: Josh Ellis Public Safety Fire Inspector Community Development 24 Fee: $45 � AGENDAITEM City Council Meeting Of Monday, February 11, 2002 Cifiy of Fridle Gas Services Schimmelman Sean Contracting 18760 Peridot St NW Anoka MN 55303- Hea in Schimmelman Sean Contracting 18760 Peridot St NW Anoka MN 55303- � Sean Schimmelman Sean Schimmelman Masonrv Pladson Concrete 8� Masonry Inc 6220 169 Lane NW Craig Pladson Anoka MN 55303- Plumbina Aquastar Plumbing 8 Heating Inc 24630 114 St Joseph Frasier Zimmerman MN 55348-8749 B& D Plumbing 8 Heating 4091 Maclver Ave NE Dennis Daleiden St Michael MN 55376 Backdahl 8� Olson Plumbing 8� Heating Co 3157 Chicago Ave S Rich Olson Minneapolis MN 55407- Culligan Soft Water Service Co (Water Softener Only) 6030 Culligan Way John Packard Minnetonka MN 55345 25 A�nroved By; Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN Lakeland Mechanical Inc 9060 Zachary Lane N Maple Grove MN 55369- M& W Water 8 Sewer Inc 2760 183 Lane Cedar MN 55011- Nowthen Plumbing 22311 Nonis Lake Rd NW Anoka MN 55303-9647 Zeil Plumbing Inc 8920 27 St N Lake Elmo MN 55042- Sian Erector Juleen Designs Inc 4137 Woodland Rd Lexington MN 55014- Sign Language 6237 University Ave NE Fridley MN 55432 Signsations 2140 Energy Park Dr STE D St Paul MN 55108- Spectrum Sign Systems Inc 5680 Flint Trail Wyoming MN 55092-8010 � Harland Perron [i�11C{� • •C•7: Jeff Boettcher Leslie Zell Rick Juleen Jim Golden Eric Carlson Rick Ferraro 26 Annroved Bv: State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official ` AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 11, 2002 GT'Y OF FRIDLEY ESTIMATES Floors by Beckers 805 First Street N.W. New Brighton, NIN 55112 Recarpeting the Municipal Center Project No. 339 FINAL ESTIMATE ................................................................................... $2,475.00 27 � L CffY OF FRIDLEY uate: To: Agenda Item City Council Meeting February 11, 2002 February 6, 2002 William Burns, City Manager From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: 1� Reading of Ordinance Changing Boat, Camper, and Trailer Parking M-02-17 BACKGROUND The purpose of this memo is to provide the background necessary to consider changes to the City's current requirements on the parking of non-motorized camping trailers, boats, & utility trailers. During the summer of 1998, the City's systematic code enforcement program revealed that a number of property owners were storing utility trailers, camping trailers, and boats in their front yards and on their driveways. The extent of these code violations led to discussion and to survey questions on the 1999 & 2001 Citizen Survey and the 2000 Council / Commission Survey and also to two variance �equests to this code section. Both variances were denied. On September 17, 2001, the City Council held a public hearing to discuss the existing ordinance and allow residents to voice their opinions on the issue. Approximately 16 people spoke, the majority of them owned camper trailers and were in favor of allowing these trailers to be parked on the driveway, at least seasonally. The Planning Commission held a public hearing on January 2, 2002, to gather information and make a recommendation on the proposed ordinance change. The motion to recommend approval of the proposed ordinance change passed on a 5-1 vote. The City Council held an additional public hearing on the proposed ordinance change on January 28, 2002. RECOMMENDATION Staff recommends holding the first reading of the proposed ordinance change. : Ordinance No. AN ORDINANCE AMENDING CHAPTERS 205 OF THE FRIDLEY CITY CODE PERTAINING TO EXTERIOR STORAGE REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER REVIEW, EXAMINATION AND STAFF RECOMMENDATION THAT CHAPTER 205, ZOI�]ING OF THE FRIDLEY CITY CODE BE AMENDED AS FOLLOWS: Section 205.07.06.0 EXTERIOR STORAGE C. Exterior Storage (1) Nothing shall be stored in the required front yard, with the exception of boats, non-motorized camping trailers, and utilitv trailers provided they are located on an approved hard surface and no portion of said trailer extends closer than 15' to the back of the curb. In no case shall said trailer encroach on the public right of way. (2) All materials shall be kept in a building or shall be fully screened, so as to not be visible from any public right-of-way except for stacked firewood , in the side or rear vard. Boats, non-motorized camping trailers, and utilitv trailers stored in the side or rear vard are not required to be located on a hard surface drive. (3) The City shall require a Special Use Pernut for any exterior storage of materials, except for C 1 and (2) above. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2002. A TTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publicarion: 29 SCOTT J. LUND - MAYOR � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF FEBRUARY 11, 2002 FRIDLEY INFORMAL STAT"US RE'PORTS 30