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07/26/2004 - 4589OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING JULY 26, 2004 � �` CiTY COUNCIL MEE7'It�G OF JULY 26, 2004 cxrr aF 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 OF VALUES FIRST 2004 COMMUNITY RECOGNITION AWARDS: Community Organization: Fridley United Methodist Church Group Business: Target Operations Center PROCLAMATION: National Night Out — Tuesday, August 3, 2004 E4PPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 12, 2004 FI�IDLEY CITY COUNCIL MEETING OF 3ULY 26, 2004 PAGE_2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Approving a Piat, PS #04-03, Fifth Street Townhomes, by Gerald Windschitl, Tradition Homes, Inc., for the Purpose of Constructing a Four-Unit Town Home Development, Generally Located at 5541 Fifth Street N.E. (Ward 1) ....................................................... 1- 5 2. Approve Development Agreement between the City of Fridley and Gerald C. Windschitl of Tradition Homes, Inc., for the Property Generally Located at 5541 Fifth Street N.E. (Ward 1) ...................................................................... 6- 13 3. Approve Preliminary Plat Extension Request, PS #03-18, by Town Center Development for the Properties Located at 1282 Mississippi Street and 6490 Central Avenue N.E. (Ward 2) ........................................................... 14 4. Ratification of Actions and Reauthorization to Execute City of Fridley and School District No. 14 Land Swap Documents .............................................................. 15 - 16 5. Approve School Resource Officer Service Agreement between the City of Fridley and School District No. 14 ........................................................................................ 17 - 19 0 Fl�DLEY CITY COUNCIL MEETING OF JULY 26, 2004 PAGE 3 �PPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 6. Claims 7. Licenses ...................................................................................................... 20 ....................................................................................................... 21 - 24 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes NEW BUSINESS: 8. Informal Status Reports ADJDURN. .................................................................................... 25 � 0 � � � �� � � �� NATIONAL NIGHT �UT Tuesday, August 3, 2004 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nation-wide crime, drug and violence prevention pYOgram on August 3, 2004, called "National Night Out "; and WHEREAS, the "21 S` Annual National Night Out" provides a unique oppo�tunity for Fridley to join forces with thousands of other communities ac�oss the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, Fridley Nesidents play a vital role in assisting the Fridley Police Department through joint crime, drug and violence prevention efforts in Fridley and by supporting "National Night Out 2004 " locally; and WHEREAS, it is essential that all citizens of Fridley be aware of the importance of crime pNevention programs and the impact that theiN participation can have on reducing crime, d�ugs and violence in Fridley; and WHEREAS, police-community partnerships and neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Tuesday, August 3, 2004, as: NATIONAL Ai=GHT OUT BE IT FURTHER RESOLVED, that I, Mayor Scott J. Lund, do hereby call upon all citizens of Fridley to join the Fridley Police Department and the National Association of Town Watch in suppo�ting the "21 St Annual National Night Out" on August 3, 2004. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 26`h day of July, 2004. SCOTT J. LUND, MAYOR MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JULY 12, 2004 � ` CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 26, 2004 7:30 p.m. - City Council Chambers Attendance Sheet Please nrint name, address and item number you are interested in. Print' Name tClearly) Address Item Na. ..--''1.� � � � ✓,� �'��� � l!1%- L,�J,,l t� �`^ ��r`' " �'� �'�'c/,Z ! � 7rt � �`� „y` �S � ,r Y � f>' � - _. ��, '� � .s��v� � G L1 I�L1 ' �'` _ f l.,,,� � ' �Y� � �(o � � �-�� - �". �' � /Y ° C� �. �.�, G � ,� s � � %� � , ��'�- ' u ' � ( S �� %�vp /� y �-�'��=� � �= � ���,:2 % S ' 3' �' � 3 ' �. `Q'�-= i� ��i " �.. t� ��°�i.+� c-' � � � .. � � r�'�, � �r f �^ �Q,� �l� t�✓ ��e� . � ,�2%�-i � v r 1 Dear Editor July 25 2004 J-�� ��J Please publish this piece in the next possible issue, I call it Expansion Plan Uproar is d j�A �'v" Understandable. Now that the residents of the Moore Lake Hills and Gardena neighborhoods laiow about the �I�j ��l("yIQ expansion plans of the Islamic Center of Minnesota, the debate can begin. I would like to th�nk the Islamic �1�- �J '�� Center of Minnesota for hosting the open house on July 13th. Although it is very early in this debate and (�",3 �'°�y many things are subject to change, in my opinion, the "uproar" in the Moore Lake Hills and surrounding neighborhoods is understandable. I am personally very concerned about the expansion plan starting with parking, ponds, programs, and privacy. The parking plan that was presented was not a plan at all; it was a plan to NOT build adequate off- street parking. The amount of parlcing on the site glan was penciled in because the City of Fridley Community Development Department woutd not accept a plan that did not meet the requirements of law, based on building size and usage. If the parking lots were built, it would require the removal of two single family homes at 1345 and 1�t 13 Gardena Avenue, which aze currently utilized as day care centers. Of course it would be costly for the Islamic Center to raze the daycare centers for parking lots. However, in my opinion that is exactly what they will have to do to meet the necessary off-street parking requirements, especially at this location, which is already very busy with the proximity of Totino Grace High School. The fact that the new classes of high school children "will not drive to school" is just as irrelevant as a new business not building required parking because the employees plan on carpooling, or can take the a bus if a bus stop is neazby. Sharing the parking with Totino Grace is not part of a solution either because they have recently had to expand their parking just to meet their own needs. Pazldng requirements are not based on the actual use, but on objective criteria in our City of Fridley codes. The project architect Dean Dovilis said part of the parking plan would require some negotiation at City Hall, rather than building actual parking lots. T would accept a personal invitation to represent the neighbors if there is going to be some deal making which r��*n���s parldng requirements for the Islamic Center. The presenters at the open house were very clear about not building the required pazking other than the parking behind adjacent neighbars and even BETWEEN two single family homes on a lot that is clearly �latted for a single family home. The lot was left undeveloped except for a walking path for the neighborhood children to walk to Gardena Elementary starting in 1967. The parldng lot in between homes on Hillcrest is completely unacceptable to every resident I have tallced with. It essentially turns a residential "horseshoe" street into a through street between two homes. In the Hyde Park neighborhood the city has spent millions of taxpayers dollars to remove what was essentially a parking lot in between single family homes (Franks Used Cars). If tlus parking plan were approved it a11ow the exact opposite land use in the Moore Lake Hills neighborhood. The Islamic Center said that this driveway and parking was required by fire code. The day after the open house I went to city hall and had a conversation with both the Fire Chief and Fire Marshall who both said they had not yet made that determination, and had not contacted the Islamic Center. Even if it is required by code to have emergency access from Hillcrest, why have the parking lot between the side yards of two homes? I have aU�eady pointed aut that it would be inconvenient and costly to build parking lots off of Gardena Avenue, appazently the residents on Hillcrest will not be inconvenienced by a pazking lot in between the side yazds of two homes. I have toured almost every school, church, and community center in Fridley, and in no case is parking permitted between two homes even with a special use permit. Once a reasonable parldng plan is introduced and hazd surface area is calculated, now we can consider storm water containment ponds. The location, size, and capacity of ponds are determined by the amount of hard surface created by the proper amount of parking and other non-permeable surfaces built for the expansion. Once again, the Center's idea is a plan to NOT have a self-contained on site storm water pond. The site plan pictured on the cover page of the Sun Focus July 22 issue does not illustrate the entire pond, proximity of homes, and the much lower elevation of the homes. Half of the pond illustrated on the fi-ont page of your paper is on the adjacent homeowner's property. The Islamic center storm water would simply flow into the back yards of the residents. Properties have already been flooded during heavy rain seasons, even without the additional water that would increase as the e�ansion turns acres of rain absorbing land into acres of hard surface. This is a natural pond, the additional runoff threatens the existing habitat and to my knowledge, there has not yet been environmental impact study for this natural wildlife area. Clearly, a man-made storm water containment pond is required on the Islamic Center properiy, just like the pond that was built when the Fridley Community Center was expanded. In fact, the Fridley High School recently had to build a storm water containment pond when the new running track was built even though it would have been more convenient to let the rain water flow into the Community Center parking lot and into their containment pond. If the proper required pazking and storm water pond is acceptable to the City of Fridley Community Development Staff, we can now consider privacy issues starting with the Islamic Centers programs. The operation hours of the facility and the programs offered are more consistent with a business, community center, school, and church a11 combined. The programs and activiries may make the Islamic center a seven-day a week, possibly up to eighteen hour a day facility. The hours of operation and continuous traffic and noise does have an impact on the quality of life of the neighbors thus privacy issues must be considered. There needs to be some kind of uuderstanding between the residents and the Islamic Center about limited hours of operation perhaps stipulated in the special use permit that is required for the project. Another privacy issue is screening. City code requires proper screening between parking lots and residential homes for the issuance of a special use pernut in R-1 zoning. The privacy of neighbors would be lost immediately once construction is approved. I have recommended to the City of Fridley Director of Community Development, that the special use permit have a stipularion that calls for all screening (privacy fences) to be constructed first throughout the site, prior to the issuance of building permits for anything else. This is necessary because it took years of neighborhood complaints before the Center built a fence between the service area of the existing school, and the adjacent neighbors. It is just the good neighbor thing to do, building fences that ensure some privacy from all the construction noise and traf�ic, dust and debris, and continuous development activiiy which will be completed in phases for up to the next five years. There are many other concerns that the residents have which are more subjecrive such as the falling value of homes; the safety impacts of increased traffic on our once quiet residential streets, and a development completely changing the character of a neighborhood. These issues, though very subjecrive, must also be considered. Even though the eapansion plan is on Islamic Center land, the health, welfare, and quality of life of the neighborhoods will be affected. I would request from the Sun Focus that in future articles on this controversial subject, that you illustrate the lazger area, which also shows the residential properties and streets that will be affected by this expansion. The photo an page 5 does not illustrate the close proximity of the two households, which are most affected by the parking lot, and does not mention that it will require a separate storm water containment pond. A picture is worth a thousand words; maybe a lazger diagram of this area will help your readers understand what the "uproar" is about. Respectfully, i Timoth M. Byrne Moore Lake Hills of Fridley _ �� I�. ���Tz 160 Mississippi Place Minneapolis, Minnesota 55432 (763) 574-1730 Mayor Scott Lund and City Counsel Don Abbott-Chief of Police RE: 5tate of MN v. Larry Herbert Spitz Case No. 04-84076 ������� Requesting an internal investigation of Officer Cesare #115 and Fridley Police Officers. At a per�on's suggestion-I am requesting an investigation of officer Cesare #115- as well as, the officers that work nights in "Friendly Fridley" There are two sides to every story, and after purchasing a copy of his report and doing some personal investigation- I am compelled to request an internal investigation into this matter and the obvious perception by the public of the police that work the night shift.. I have talked to Lynne Tellers about the incident and her reply was--Cesare is very active and HE DID NOT LIKE YOUR ATTITUDE AND THAT WAS THE REASON FOR GETTING THE CITATION. Infact, right after the incident-I called Lynne and left her a message stating that I was concerned about being hurt by Cesare- my message-" I am concerned he will be breaking down the door and hurt me" I wanted to go on record with the police department and knowing Lynne for years-felt this would be prudent. Yes- I took the paper and my intent was to pay for it-but I forgot my wallet. My intent was not to steal it. I was never offered to walk home and get my wallet-I was dealing with Cesare.-he determined I was GLJILTY. MY RECOLLECTION OF THE INCIDENT. � was confronted by Cesare when I was going back home to get my wallet-yes- I had the paper- and I was attempting to cross East River Road. We had eye contact and he proceeded to cross the median and force-ptish me back with the police car. Originally-I thought he was pursuing an important police call-and didn't want to make a u-turn. He then proceeded to direct me with his car to the front of the gas station. He got out of the car and I replied--What the is this???? He said SHIJT UP �ND BACK UP TO THE STORE. We discussed the paper and his report is accurate-I was tired, forgot my wallet etc. Then he proceeds to lecture me that I need to carry identification with me "at all times" in Fridley-my comment was-"who the hell are you"-this is t�ot a police state. He became very mad-how dare anyone question the Fridley Police. Then-fie asked me questions-- DQ YOU KNOW WHERE YOU LIVE? 160 Mississippi Place Apartment #1 DO YOU KN�W YOUR NAME? Larry Herbert Spitz DO YOU KNOW HOW TO SPELL YOUR NAME? Yes-and do you know how to ��rite or do you still print. _ My comment-really upset him and he then called for BACKUP. The officer came and Cesare - before checking out my information on the police computer-told the other officer-who was out of his car--IF HE KIJNS CHASE HIM DOWN. My information checked out. I have never ever received a ticket-I am 56 years old. I feared for my Iife and let him lecture me as he told me-HE DIDN'T LIKE MY ATTITUDE AND IF MY STORY DOESN"T CHECK OUT-I WOULD RECEIVE A CITATION IN THE MAIL.I walked home shaking and left the message for Lynne Tellers His report-copy attached-is different from my recollection: No mention of the median he crossed No mention of carrying a license at all times No mention of the interrogation No mention of "back-up" No mention-"if he runs chase him down" I found out that this citation carried a mandatory court date and at the suggestion of Lynne-called the prosecuting attorney. His letter to me is enclosed-dated 4/29/04 I went to court on 6/3/2004 and pleaded not guilty and have my next court date 8/17/2004. How many tax dollars are being spent-because he didn't like my attitude??? I wondered just what encounters Fridley residents had with the police and went and asked employees and managers of stores opened all night. I have no way to find out about person's stopped by the police. What- I found out was very disturbing. 1�fter dark-Fridley Police control everything. Just go to SA on Central Ave and they can te11 you stories about Mike and Randy. The SA-can tell you about Cesare. Most employees and managers are skeptical of the police. Some of the stories-I have heard are very DISTURBING. I thought the WILD WEST WAS HISTORY BUT IS PRESENT IN"FRIENDLY FRIDLEY" AT NIGHT. I have Iived in Fridley for 26 years and had no idea of what happens during the Night Shift in Fridley-yet-with not much effort-I have heard many stories. I WONDER-IF IFOUND OUT THE OBVIOUS"IMAGE PROBLEMS" THAT EASY-WHY DO THE�' EXIST?????????? Hopefully ���e can have this settled before the next court date of August 17, 2004 ( �7 � l�T���r� � `.. LaI7y H. S � ltT � 'r',nc�osures: Citation Keceipt for Citation Letter of 4/29/2004 Notice of Court Appeara.nce I 1 , _ __ _�-- �, � - _ DRIVER LICENSE N0. STATE ICR N0. n y _.._.___. _, - rf O -i � '- �+„ ,� �� � �� � � NAME - fIRST, MIDDLE, BIRTH, LpST � Z m l_ . -�t O �arr� �r� -<2x, S��r�7`Z o„ ADDRESS 8 CITY . � '-:, Y � �. T � /,� n — %J y� z STATE�IP CODE �� r� S:'r` S I!� i 7 L %�'1 �% C 7C Crn/� DAfyTE OF BIRTH EYES HEIGHT WEIGHT SEX Ta I ,✓w�✓ Si!/�,�. i1� z� � O �' a � VEHICLELICENSE PLATE .: STATE MAKE MO�EL COLOR _._._ .. . _ _ _. . - --._._ � DATE OF OFFENSE - TIME JUVENILE PARENT/GUARDIAN ; y-��-� � a �,.Z � . LOCATION & CITY � i �' ' �`s� f-- . � ' i �, f' �/ � �r� ! , �i'` ��, /,..._ : � OfFENSE N0. 1 ' %i i �1 � � � �, 1� J � `_ 1 STATUTE/ORDINANCE + / Cn ��''rC r� 5 � SPEED �N C OFFENSE N0. 2 ZONE � ' STATUTEJORDINANCE Z _ .. in + OFFENSE N0. 3 . � STATUTE/ORDINqNCE I i ❑ COMMERCIAL VEHICLE ❑ OWNER OF VEHICLE � 7� OR MORE PAS E� GERSS ❑ NON-OWNER OF VEHIGLE I �- C T � ❑ HAZARDOUS MATERIAL — - � pASSENGER _ �.QPERATE, _ ^y+� ' • o co � � ❑ MOTORCYCLE . ❑ DRNER ❑ PqRK rZ-°c_' ACCIDENT: K� j ❑ ENDANGERED PERSON '' OR PROPERTY ❑ PROPERTYDAMAGE ❑ FATAL ❑ UNSAFE CONDITIONS ❑ PERSONAL INJURY ' ❑ PEDESTRIAN • DATE OFCOURTAPPEARANCE (MO., DAY, YR.) TIME ' I� ? . Q t ; --� i I ' � . �_ C .� � � . ; ANOKq COUNTY COURTHOUSE N � � � 325 EAST MAIN STREET � � ANOKA, MN 55303-2489 O ' O f NOTE: REFER TO BACK OF SUMMONS FOR FURTHER INFORMATION. � , � OFFICER � _ 'S � �- 1 � - �, — ------_ BADGE N0. � DEPT. i `:'( i )[ i �..! t �. �., DATE IRECEIV�D FROM r`�� _ �� � — �� � �° � � No. ���� �a���, ��, � � , c�C7 � � /� �� u DOLLARS OFORRENT /�'G��-'l.x� �' �. �V � � v ��~�� Q FOR ACCOUNT CASH � FROM PAYMENT OCHECK BAL. DUE MONEY BY_ OORDER � i TO r �. ; � iN'CID�;ATr.� i�L���T �.•_ RENTAI, :i0USI13G ' : . - �E# : oa-saa�6 � �IDLEY POLICE DEPARTMENT rurooao600 �`c'E'ENSE/INCIDENT DAY OF WEEK ��7;PI�IOUS MALE/THEFT S� DATE REPORTED TIME REC'D T?ME DISP TIME ARR TZME COMPI,ETE HOW RECEIVF'D 4/18/04 425 425 435 I DATE OCCURRED TIME OCCURRED ' ) r' ��_ � ,�_(}4 4�.5 V ; �I�ACE OF OCCURRENCE GRID # ,r 'r'� i( �42�5 F RTVFR Rl� R `��t Ni-1�1E OF COMPLAINANT/VICTIM Dpg a"". ;PTTR C'TAS 4TATT(�N _ i;OME ADDRESS PHONE "' S ADDRESS PHONE ��� n� R 5 R R TVRR R l� FR TT)T ,RY MN RF.PORTED BY ppg eac� _^.TTY C)F FR TT�T ,RY P�DDRESS PHONE �� �,�J� /% f/— U� �� CFFICER ASSIGNED SQUAD TYPIST ISN MOC/9000 DISP �E�ARE #115 3M32 VALIIE OF THEFT $1 7j A55ISTING OFFICER SUPV APPROVAL VALUE RECOVERED �f�TTFR �� -�Pub11C VALUE OF DFIMAGE ("PHF.R TNV(IT,VRiI PARTTF.R : ��) LARRY HERBERT SPITZ 11-20-47 160 MISSISSIPPI ST #1 FRIDLEY MN 55432 574-1730 _�M} SUNDAY MORNING EMI'LOYEE• JUDY CONLEY ;{M) MANAGER• HELEN POSSIBLE STOLEN ITEM: STAR AND TRIB SUNDAY NEWSPAPER LDrTAILS OF INCIDENT: I was southbound on E River Rd approaching Mississippi St when I observed a male walking by the front �oors of the Spur Gas Station. I then did a u-turn in the 6400 blk of E River Rd and stopped the male as he was �L��ting ready to cross E River Rd. I observed the male to be carrying a Sunday Newspaper. I asked the male what he s,�<:s doing and he advised he was just getting a Sunday paper. I told the male I did not know the gas station had a .��:«rspaper dispenser and asked him to back up so I could see if there was one. The male backed up some and I did not ��.:e one. I then asked the male to go back to the front of the store. I then observed several piles of newly delivered �t�a�-z�a.� �:,;�sNdy.,rs ��.ctie� up by ihe �r�nt door • The male then acivised he took one of the pape'rs„ I asked if he had left money and he advised he forgot his �x:r�llet, however, he usually leaves the money on top of the papers. I then started to request the males full name and �:'�te of birth. The male then staned to get upset that I wa.s asking this information. I asked why this was and he ����ivised he worked a long day, was on his feet all ciay, was tired and did not mean to get upsex. I then checked the j�i.xles DVS photo and it matched. The male verbally identified hims�elf as Larry Spitz. I then advised th� male that I will checking with the store to see if his story checks out and if it did not I will be ::��.il.ing him a citation for theft. Spitz then became upset that I was going to be checking his story out with the store :=�d asked what I meant. I advised that if he leaves money for the paper on Sunda.ys then the employee could tell �..�e so. Spitz then started to raise his voice telling me he usually leaves mo�ey and sometimes he drives up to S/A. I �:;°�^n used a firm tone of voice witb Spitz �nnd advised him I had an obligation to check with the store because if he �;,�_� t�king the paper an�i not paying for it it was theft. I also told Spitz that it was strange thaY he came to the store to ::�� � paper but did nat bring amy money. ; Sptiz adv��e� �hat he was wrong and I advised that I thought he was. � l/ 1 v C — / �d/ � � � �as busy on another call, I asked Officer Potter to speak to the Sunday morning employee to see if Spitz � to�y was conect. I was told that the employee, Judy, opens every Sunday Morning. Judy had advised that �ccasionally she will show up to work and find a quarter on top of the papers. On the evening of 4-18-04 I spoke to the stores manager, Helen, about the incident. I was told that she did work �ne Sunday and found what she thought was a paper missing and no money. Helen advised it was okay if the male I pake to was charged with theft. I then mailed Spitz a citation # 762-009 for theft. Clear CESARE 0 f N�wpuzsT & �xsxxu�, Gz�4xT�x�D ATTORNEYS AT LAW SUITE 301. FRIDLEY PLAZA OFFICE BUILDING 6401 UNIVERSITY AVENUE N.E. FRID�EY, MINNESOTA 5543Z-4381 CARL J. NEWQUIST TELEPHONE (763> 571-6870 OF COUNSEL Q. WI�LIAM EKSTRUM FAX (763) 571-6684 GREGG HERRICK PLLC DAVID J. BRODIE DOUGLAS J. PETERSON` LEGAL ASSISTANT PATRICIA A. PHILLIPS April 29, 2004 Mr. Larry H. Spitz 160 Mississippi Street, #1 Fridley, MN 55432 Re: State of Minnesota v. Larry Herbert Spitz Case No. 04-84076 Dear Mr. Spitz: i have reviewed the police report you brought to my office regarding the allegation of theft arising from an incident at the Spur Gas Station in Fridley on April 18, 2004. I would be wiiling to resoive this case by giving you the option of either of the following results: 1. You pay a$100.00 fine, and the matter would be certified as a petty misdemeanor. You would need to get a check to this office made payable to the Court Administrator, and this ofFice would submit the check to the Court along with a request that the matter be certified as a petty misdemeanor. 2. You could appear in court on the day of your scheduled arraignment, and enter a guilty plea, with the agreement that there would be a stay of adjudication. In other words, the Court would have your guilty plea on the record, but wouid not accept the guilty plea as a conviction. In lieu of that, the Court would require you to pay $100.00 in prosecution costs, and wouid also require that you have no same or similar charges within the next twelve (12) months. If you meet those two conditions, your plea will be vacated, and there would be no record of a conviction (even of a petty misdemeanor). 'C�F.IZTII�'S7-:D .\S .1 I21�:AI, PIt(�PLlt'PY LAW S1'li(;I_1LIti'l' I1Y TF1P MINNI�:SO'P.� S'1'ATti HAR .15tiOGI.�'CI(>Y Mr. Larry H. Spitz April 29, 2004 Page 2 of 2 If you want to get some legai advice about your options, I encourage you to do so. If you or your attorney wish to discuss anything with me further, feel free to give me a call. If you do want to resolve this as a petty misdemeanor prior to your court appearance, you will need to get payment back to me promptly. BWE/jz Very truly yours, ,G��"C B. William Ekstrum Fridley Prosecutor � f : �: `aTAT� �� M dNESOTA w` '� � � , ,� - C �- �� , � �� ��r t° �� J, l Z. Defendant RiMt��L`DIVISI�►'� . :��.. Sr�.i.S�. NOTICE OF NE�� COURT APPEARANG� 'r� �L T l _ ��-� cis ►vo. 7" �� ���9 Ticket No. ! You have just completed your �/ � appearance C;ursuant to Minnesota Rules of Criminaf Proced . Your next court appearance is for: ( ) Rule 8 ( ) Trial (Jury/Court) ( ) Omnibus Hearing ( ) Sentencing ontested ( � Probation Violation Hearing Pre-Jury / Pre-Court Hearing () Admit () Denied ( ) Formal Complaint Demand ( ) Speedy Trial Demand ( ) Waived ( ) Continuance ( ) Ottier � _ � Jud e �7ATE: � /� TIME: '�C.1 �l}''• . I.00ATION: Anoka County Courthouse NOTE: cHecK w,i� couRr'S INFORMATION DESK, PLEASE: BRING THIS FORM TO YOUR NEXT 325 East Main Street FIRST FLOOR, FOR COURTROOM LOCATION. COURT APPEARANCE Anoka, MN 55303 THIS IS THE ONLY NOTICE YOU WILL RECEIVE AS TO THE DATE AND TIME OF YOUR COURT APPEARANCE. You must personally attentl all court appearances! If you are not representetl by counsel at any court appearance, but intlicate that you will be retaining a private attorney, a copy of this form will be given to you for your attorney. If you qualify for a public tlefender and one is appointed to represent you, a copy of this notice will be forwarded #o the public defender. � If you are scheduletl for a pre-jury or pre-court hearing; your witnesses need not be present. If you are scheduled for trial, be prepared with your witnesses reatly for trial. FAILURE TO APPEAR FOR A COURT APPEARANCE IS A CRIMINAL OFFENSE �'�1E DE�=ENDANT SHALL REMAIN LAW-A8IDING AND SUBJECT TO THE FOLLOWING: O SAME AS PREVIOUSLY SET �3�lt�: � ;�c� �ontact directlindirect with Victim This includes pe[sonal and telephone contact, leflers or notes and/or third parry contact. ) RPR ( ) BAILIBOND CONTINUED ( ) Order Filed `i�,� tJSE"oR"ApSSESSION oF:` O firearrns � O mood alterin chemieals or dru s l 9 g ` ( ) alcohol ���MI�' T0: ; ( ) unnalysis ( ) breathalyzer ( ) today ( ) on demand ( ) at own expense t?���.IIREMENT:TO'DRlVE - VALiD: Driver'slicense'� Insurance'- � �� ; � � ) i ) ( ' ) Registration' ,,_, . :'r��ecutor: : G:'eFense�Attomey:;•_ Al�cmey: I D.:�No: �. �- .�2: ;1ai�zx x_. kaa � lPnon�:�; ( � ) dnve ( ) BOOK PRIOR TO RELEASE ( ) 701/902 Fi(ed ( ) NG PLEA "' � ( ` ) Pretrial Orde� � Public Defender A`� t/Denied`= ` `y i`` ` r,`' ' � ' ) PP ` ( ) Fi1e Copied , � ( ) 'w/ ' ---. : _._. _ ,_ ._.,� . :_ _. .__ .__. Reimbursement : { � ( : ,� lnferpreter nee�ed - =� --- -- - . - r( _ ) Court Admirnstrator Notifiecf� ' � � . �J��' � c ... E,. �'rtx� �fr {' r z� . �, . , ( ) ( ) Psych Evai , ( ) 'Copy td'CoR ; _ _r Deputy,r` _ - DE�ENSE COUN': �_� . e�a REJ:a,-�i' �C�PY , CITY OF FRIDLEY CITY COUNCIL MEETING JULY 12, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 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-at-Large Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Director of Community Development Richard Pribyl, Finance Director Jack Kirk, Director of Recreation and Natural Resources Rebecca Brazys, Recording Secretary Fritz Knaak, City Attorney Malcolm Mitchell, Chair, Springbrook Nature Center Foundation Peter Borman, `49er Days Chair Peter Eisenzimmer APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 28, 2004 APPROVED NEW BUSINESS: 1. Resolution No. 2004-34 Amending the Housing Replacement District Plan for Housing Replacement District No. 1 to include Phase IV. Dr. Burns, City Manager, explained that the Housing Replacement Program allows the HRA to collect tax increment on scattered housing sites that it has acquired since 1995. The action before Council tonight approves Phase IV by adding 8018 Ashton Avenue N.E., which was recently sold. While the City received the money from the sale of the property, the increment collected over 15 years will be held by the HRA for use in FRIDLEY CITY COUNCIL MEETING JULY 12, 2004 Paqe 2 of 12 furthering its redevelopment programs. The HRA approved the amendment at their meeting on July 1. Staff recommends Council's approvai. ADOPTED RESOLUTION NO. 2004-34. 2. Resolution No. 2004-35 Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Marion Hills Reservoir Replacement Project No. 356 (Ward 1). Dr. Burns, City Manager, stated the 2004 Water System Capital Improvements Plan includes $550,000 for the replacement of the Marion Hills water storage tank. The design of the tank has been completed and staff recommends Council approve the plans and authorize staff to seek bids for the project. Bids will be opened on August 2, awarded on August 9, and the existing tank torn down shortly after Labor Day. Construction should be completed by mid-December. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-35. 3. Claims. APPROVED CLAIM NOS. 117045 THROUGH 117209. 4. Licenses. APPROVED THE LICENSES AS SUBMITTED AN AS ON FILE. 5. Estimates. APPROVED THE FOLLOWING ESTIMATES: Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 2004 Street Improvement Project No. ST. 2004 —1 Estimate No. 2 $192,915.92 Magnum Company LLC 7309 Lake Drive Lino Lakes, MN 55014 Woodside Court Improvement Proj ect No. ST. 2004 — 2 Estimate No. 2 $ 29,482.68 FRIDLEY CITY COUNCIL MEETING JULY 12 2004 Paqe 3 of 12 MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the Consent Agenda. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOULSY. ADOPTION OF AGENDA MOTION by Councilmember Bolkcom, seconded by Counciimember Woife, to adopt the agenda. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOULSY. OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes. Peter Borman, Chairman of the '49er Days Committee, thanked the Council and all the City departments and staff members who helped make this year's event successful. OLD BUSINESS: 6. Resolution No. 2004-36 Declaring a Question to be Placed on the Ballot at the Next Regular Municipal Election, to Levy a Tax Which is in Excess of the Inflationary Index for Tax Levy Requirements for 2004 to the County of Anoka for Collection for the Purpose of Continuing Programming at Springbrook Nature Center (Tabled Septernber 8, 2003). MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove this matter from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, said a resolution was passed on July 28, 2003, in compliance with Section 7.02 of the Fridley City Charter, defining the need for a tax levy greater than the defined index for use with the Springbrook Nature Center. The need was due to the State Legislature cutting city and state aid for 2003 and beyond. Dramatic budget cutting measures were required to provide a budget for 2004 and a draft for 2005. One of the major cost reduction plans was to eliminate the naturalist programming at the Springbrook Nature Center. Based on the feedback staff received, it appears that public opinion is in support of levying an additional $275,000 in taxes to support the programming, maintenance and administration for Springbrook Nature Center. Pursuant to the City Charter, a public hearing notice was published three times prior to the public hearing (July 31, August 7 and August 14, 2003). The public hearing was held August 25, 2003. At the close of the public hearing, Council reviewed the FRIDLEY CITY COUNCIL MEETING JULY 12, 2004 Paqe 4 of 12 resolution that would have placed this levy on the ballot for 2004. Councii tabled the resolution to this meeting. The resolution must be approved by a 4/5 vote. It would begin the election process that would ask the voters whether they would like to pay additional taxes to maintain the programs at the Springbrook Nature Center. If the resolution was approved and the question of the levy was not approved by the voters, Council would then pass a final resolution levying taxes without the $275,000. Councilmember Bolkcom asked how staff came up with the figure of $275,000. Mr. Kirk, Director of Recreation and Natural Resources, said they evaluated all the equipment and needs of Springbrook Nature Center well into the future. They came up with about $30,000 per year. They also looked at the budget level of $300,000 for 2003, which allowed them to be open Sundays and evenings, provide programs to the public and provide a maintenance person which had been cut out of the budget. The level of the budget would work at $303,118 plus $30,000 per year for the replacement items. They felt a reasonable leve� of revenue from programming would be about $58,500. Subtracting the revenue would leave a balance of about $275,000. In previous years, Springbrook Nature Center had an income of around $40,000. In 2002, it was $55,000. This year they instituted an admission fee, raised a number of other fees and scheduled fundraising events. The $58,500 figure does not include any admission charges as they found that people were not paying admission fees as they had hoped. It also does not include as many of the fundraising events. Dr. Burns, City Manager, stated the nature camp fees were raised about 25 percent and asked if the projected amount includes the increase. Mr. Kirk stated it included the level they thought they would end up with. Councilmember Barnette asked if inflation continues to occur, how the additional costs would be covered and if they would need to ask for another referendum to increase the amount. Mr. Kirk explained that the $275,000 figure could go up at the same rate the City budget is allowed to increase. Mr. Pribyl explained it is controlled by the Charter Amendment so that the amount can increase based on the amount of inflation, but no more than 5 percent. Councilmember Barnette asked if the expectation was that any additional amount required would have to be covered by additional fees. Mr. Kirk responded they would take a look at how they would have to adjust fees to make up the additional revenue. Councilmember Wolfe asked Mr. Pribyl about the impact on individual taxpayers and how the $26.00 figure will be affected by inflation and increased home values. FRIDLEY CITY COUNCIL MEETiNG JULY 12 2004 Paqe 5 of 12 Mr. Pribyl said the figure will go up as values go up and the increase is approximately $1.30 per $10,000 worth of valuation. Pete Eisenzimmer, 6535 Oakley Drive N.E., expressed his concern that housing prices continue to increase and this tax levy will add to that increase. - Mayor Lund said the levy will be placed before the voters. The question was the dollar amount that would be placed on the ballot. Councilmember Bolkcom asked if the resolution should say 2005 rather than 2004. Mr. Pribyl responded that 2004 refers to the action Council will take during 2004 for taxes payable during 2005. Councilmember Bolkcom asked if Council passed a motion agreeing to place the question on the ballot. Mr. Pribyl responded there was a second motion on the resolution on September 8, 2003. Dr. Burns asked if the dates needed to be changed on the resolution as the resolution was tabled in 2003. Mr. Pribyl explained that the approved resolution that defined the need for this levy does not need to be modified because the need still holds. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to offer a substitute motion to adopt an updated resolution. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings stated in the title of the resolution before Council in 2003, the date was 2004. In the current resolution, the date is still 2004. Mr. Pribyl stated Council can change it to 2005. Councilmember Billings asked if the year in the first "whereas" paragraph should be changed. Mr. Pribyl stated if the heading is going to be modified, this paragraph should also be modified. Councilmember Billings asked if any resolution should be acted upon this year. FRIDLEY CITY COUNCIL MEETING, JULY 12, 2004 Page 6 of 12 Mr. Knaak, City Attorney, stated the Charter states that a resolution is required declaring the need for the tax levy and that was done by the Council in 2003. Just because the need was declared in 2003 does not mean the tax had to be levied in 2003. Councilmember Billings stated he just wanted to make sure that the City Attorney is comfortable that this will meet any legal challenge. ' MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to . approve the updated resolution. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to amend the title of the resolution to read "Index for Tax Levy Requirements for 2005." Mayor Lund asked if the first "Whereas" paragraph should also be amended to read 2005. Councilmember Bolkcom said Mr. Knaak indicated that it refers to actions that took place last year. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO AMEND THE RESOLUTION CARRIED ON A UNANIMOUS VOTE. Councilmember Wolfe said if this passes, the ballot will reflect the figure of $275,000. Mayor Lund responded that is correct. Councilmember Billings questioned if the ballot will include all the resolution text from the "Whereas" down. Mr. Pribyl said it would. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE RESOLUTION 2004-36 CARRIED ON A UNANIMOUS VOTE. Councilmember Bolkcom asked if there is anything else the City Council needs to do in order for this matter to be on the ballot in November. Mr. Pribyl explained that staff will review the resolution with the City Attorney and forward it to Anoka County. Mr. Malcolm Mitchell, Chairman of the Springbrook Nature Foundation, thanked the Council for their support. FRIDLEY CITY COUNCIL MEETING, JULY 12, 2004 Paqe 7 of 12 NEW BUSINESS: 7. Request by Jarrett Hickman to forgive charges for Nuisance Abatement. Mr. Hickok, Community Development Director, stated the property in question is at 1275 Norton Avenue N.E. and has been the subject of numerous code violations. In January, 2001, staff sent a letter to William and Fay Covey regarding an outdoor storage problem on this site. That was corrected through code enforcement efforts. In September, 2001, another code enforcement action was required because of a car on blocks for a period of time. This problem was corrected. About a year later, the property was again observed with outdoor storage code enforcement problems. The property was in a general state of disrepair. Staff sent a letter to the property owner on September 5, 2002. Records indicate the property was sold in October 2002. No compliance was gained through the letters sent to the property address. Mr. Hickok stated at that time, Mr. Jarrett Hickman began calling about this property and asking if a duplex could be built on the site. Staff indicated to Mr. Hickman that there were code enforcement issues on this site. Paul Bolin and Stephanie Hanson spoke with Mr. Hickman about the issues. Letters were mailed to the property and Mr. Hickman was notified through telephone conversations, yet no action occurred. The code violations remained. Mr. Hickok said that after the verbal discussions with Mr. Hickman, a letter was sent to Mr. Hickman on November 4, 2002 indicating the property would be abated. This is standard procedure spelled out in Ordinance 128 of the City Code. The letter indicated Mr. Hickman had three options: he could clean up the property within 20 days; he could notify staff of an alternative plan if he needed additional time beyond the 20 days; or he could ask for a hearing. None of those were done. In December, 2002, staff contracted with Advance Restoration to do the clean-up on this property at a cost of $1,890.59, plus the 25% outlined by the City Ordinance for administration fees. In January, 2003, the City's Finance Department began to send monthly bills to Mr. Hickman and added the standard late payment penalty for non-payment. An entire year went by and no payment was received. Mr. Hickman subsequently sold the property to PMJ Development. Mr. Hickman had not paid for the clean-up. City staff turned this matter over to a collection agency and in April, 2004, Mr. Hickman was contacted by the collection agency. Mr. Hickman then contacted the City Manager and Planning staff claiming that he had not been properly notified. Mr. Hickok said staff recommends that Council not release Mr. Hickman from his obligation to pay for the abatement done on the property he owned at the time of the " abatement. To release Mr. Hickman would weaken the City's position on public nuisances and would set a future precedent for those not wanting to pay for nuisance abatements. A review of the facts with the City Attorney indicated that all standard enforcement procedures and notification practices were followed. Additionally, Mr. Hickman was made aware of the problems through telephone conversations with Paul Bolin and Stephanie Hanson. If Council were to forgive this abatement fee, the City FRIDLEY CITY COUNCIL MEETING JULY 12 2004 Paqe 8 of 12 would need to use resident tax payer dollars for IC Systems, the collections agency. The Assistant Finance Director has indicated the cost to the City to date would be $567.15. In conclusion, staff recommends Council not forgive Mr. Hickman's debt. The City made proper attempts to notify Mr. Hickman and he was the property owner at the time of the abatement. It does not matter whose mess it was to begin with. The property became the responsibility of Mr. Hickman when he purchased it. Ms. Amy Hickman, 3010 Hennepin Avenue South, stated she is a real estate agent and her husband is a mortgage broker. They buy properties that need to be rehabbed, . clean them up, bring value back to the neighborhood and then sell the property. Unfortunately, the property in question had more problems than they were aware of. They purchased the property in October, 2002, and the code enforcement issues with the property had been going on before they purchased it. They contacted the previous owners and told them the property needed to be cleaned up and they agreed. So when they found the property had been cleaned up, they thought it had been done by the previous owner. When they purchased the property, their goal was to demolish the home and build a new home or a duplex. After looking at the numbers, they decided they could not proceed and sold the property to the current owner in April, 2003. They only owned the property for 7 months and because they did not live on the property, they did not receive the letters that were sent by the City staff. They had planned to clean up and had hired dumpsters, but the City got the clean-up done before they could get to it. Mayor Lund commented that with both Mr. and Mrs. Hickman being real estate professionals he is surprised that they did not address the code enforcement issues on or before closing. He could understand that the Hickmans may not have received the letters, but there had been verbal discussions between Mr. Hickman and City staff so they were aware of the issues. Councilmember Barnette asked if a title search had been done before the property was purchased. Ms. Hickman responded there were no title issues which is one of their arguments. Mr. Hickok stated the City has two approaches they can take; they can go to assessment or go through an administrative process of billing the owner. The administrative route was chosen in this case, so this would not have come up on a title search. It is clear there was knowledge of the issue. Mr. and Mrs. Hickman owned the property for 7 months, 5 months after the clean-up occurred. Between the time of the clean-up in December and the time they closed on the property in April, they would have known there had been some costs incurred. In fact, the Hickmans spoke to Dr. Burns, the City Manager, in April and to other staff members. Councilmember Wolfe asked if staff had gone after the previous property owners. 0 FRIDLEY CITY COUNCIL MEETING, JULY 12, 2004 Paqe 9 of 12 Mr. Hickok explained that the previous owners addressed prior code enforcement issues within the deadline. Councilmember Bolkcom asked about the certified mail receipt addressed to Jarrett Hickman. Mr. Hickok said even before the Hickmans purchased the property, there were verbal discussions with Mr. Hickman and he was informed of the code enforcement issues. As far as the certified letter, the practice is to send a certified letter and an identical standard letter at the same time because some people do not pick up a certified letter. Councilmember Bolkcom said if the certified letter was not signed for, do they know it was received. Mr. Hickok stated the law requires staff to make a reasonable attempt to notify the property owner, and they did that. Ms. Hickman stated she and her husband do not inquire about properties until they own the property. She added they never called the City prior to purchase. She also stated they purchased the property on October 30 and the City sent the abatement letter November 4. They knew they had to do some things on the property and requested at closing that the previous owners clean up. She stated they did not own the property when all the problems were taking place and thought those issues should have been taken care of before the property was sold. Also, there were no clouds on the title. Mr. Hickman stated they purchased this property �rvith the best of intentions. The letters Mr. Hickok referred to were mailed to 1275 Norton, but they did not reside on this property. He claimed that not only did they not receive the letters, they did not speak to anybody at the City until after they purchased the property. He called to enquire about setbacks and no one mentioned any difficulties with the property. He also called the tow truck company to pick up the junk cars on the site, but because he did not have the title, the tow truck company could not pick up the vehicles. He stated the first correspondence they received on this matter was in April, 2003. Prior to receiving the letter in April, they believed that the previous owners had removed the items from the property. Mayor Lund stated staff did what they were legally required to do and the City did spend the money to clean up the property. He did not believe taxpayers should be forced to cover the costs. Councilmember Wolfe asked if staff has access to property sales. Mr. Hickok stated eventually the tax records do come to staff but if they purchased the property in October, staff would not have had any personal information for some time. FRIDLEY CITY COUNCIL MEETING, JULY 12, 2004 Paqe 10 of 12 Councilmember Billings asked if this was the first property the Hickman had purchased and he questioned why they did not escrow funds to cover the cleanup. Ms. Hickman responded that it was their first purchase and they believed that the previous owner would do the cleanup. Councilmember Billings stated this is a difficult situation because the Hickmans had - good intentions when they purchased the property, but Fridley residents do not want to be responsible for this bill. When the abatement was done, the Hickmans were the . property owners. He reviewed the actual costs to the City for this abatement issue and stated the City lost approximately 6% to 7% interest if payment had been made in 2003, $165. He then added the $165 to the $567 for the collection agency costs and added that to the original balance of $2,363. He said if the Hickmans now paid $3,100 the City would be in the same shape as if it had received the payment when it was due. Mr. Pribyl agreed. Councilmember Billings stated it is his opinion that this is a timing issue. He is willing to accept that they did not know about the abatement, but he does not believe the cost should be the responsibility of the taxpayers. It appears that staff extended reasonable efforts to contact the Hickmans. He would be willing to support a motion to reduce the payment to $3,100. Councilmember Bolkcom said there were two dumpsters worth of trash and being in the real estate business, the Hickmans should have been more aware. She was concerned that reducing the abatement amount would set a precedent. She wondered why the Hickmans waited over a year after being contacted by the collections agency to try and resolve the issue. Mr. Hickman said they did not know and were not made aware of the abatement until they were contacted by the collections agency. When they closed on this property in 2002, the previous owners were living in Colorado and were represented by a power of attorney, so they never spoke to the owners. Also, when they sold the property, they thought the bill would stay with the property and pass on to the new owner. Councilmember Bolkcom explained that the property was actually cleaned up while the Hickmans owned the property which is why it is their responsibility to pay for it. Mr. Knaak stated the cost is the responsibility of the property owner at the time the abatement occurs. In an abatement, the City has three options: they can bill it, which is the way most people prefer to have it done; the City can sue the owner; or they can assess the property which is usually the least attra�ctive. Had the City proceeded with an assessment that woutd have shown as a lien when the property was sold by the Hickmans. FRIDLEY CITY COUNCIL MEETING, JULY 12 2004 Paqe 11 of 12 Mayor Lund stated he likes the idea of giving the Hickmans the benefit of the doubt and reducing the amount due as Councilmember Billings suggested. Mr. Hickman stated the City could have found out who they were and contacted them directly regarding this matter. He also stated they believed that if the abatement was not assessed to their property, then it would not be their responsibility. Councilmember Bolkcom stated it was too late to certify this abatement to the County in 2002. Ms. Hickman stated they purchased the property in October. The first letter was sent in November and the property cleaned in December. It really left little time for them to take action. Councilmember Barnette asked how many abatement issues go unpaid. Mr. Hickok responded they have been very successful collecting the code enforcement abatement fees. Councilmember Bolkcom was still concerned about setting a precedent for future abatement issues. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to direct staff to accept payment of $3,100 on or before August 1, 2004, as full and complete consideration of the abatement process of November, 2002, for the property located at 1275 Norton Avenue N.E. If said payment is not received on or before August 1, 2004, Council would direct staff to continue with the abatement process as though this motion did not exist. Mayor Lund asked if that meets with the City Attorney's approval. Mr. Knaak stated the Council has the authority to settle the matter this way. Mr. Hickman stated this was reported on their credit record and they would like some type of letter from the City stating the matter has been addressed. Councilmember Billings recommended Mr. Hickman get together with Mr. Pribyl and the collection agency to work this out. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND COUNCILMEMBER BILLINGS VOTING AYE AND COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED. FRIDLEY CITY COUNCIL MEETING, JULY 12, 2004 Paqe 12 of 12 8. Informal Status Report Councilmember Barnette stated Banfill-Locke Center for the Arts held its first family day on Sunday and it was a success. ADJOURNMENT. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:30 PM. Respectfully submitted, Rebecca Brazys Scott J. Lund Recording Secretary Mayor e � 0 � � QTY OF FRIdLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 26, 2004 Date: July 21, 2004 To: William Burns, City Manager��� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Final Plat, PS #04-03, Jay Windschitl, Tradition Homes, Inc. M-04-89 INTRODUCTION On May 5, 2004, the Planning Commission considered plat request PS #04-03, by Jay Windschitl, Tradition Homes, Inc. Tradition Homes plans to replat the property located at 5541 5th Street to allow for the construction of a 4-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #04-03, with 11 stipulations. At the May 24, 2004, City Council meeting, the preliminary plat was approved, with 11 stipulations. RECOMMENDATION City Staff and the Planning Commission recommend approval of PS #04-03. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and size 3. 4. 5. 6. 7. 8. of plantings and be reviewed and approved by City staff prior to issuance of a building permit. All landscaped areas shall have irrigation installed. Brick on building elevations shall be extended up to the banding element above the garages. (Shown on submitted elevations) A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. Individual services will be required for each unit. Petitioner shall provide easements as shown on preliminary plat. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 1 9. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 10. Association documents to be filed with final plat. 11. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 2 0 � RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #04-03, FIFTH STREET TOWNHOMES, BY GERALD WINDSCHITL, TRADITION HOMES, INC., FOR THE PURPOSE OF CONSTRUCTING A 4-UNIT TOWN HOME DEVELOPMENT, GENERA.LLY LOCATED AT 5541 5T$ STREET NE . WHEREAS, the Planning Commission held a public hearing on May 5, 2004, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for FIFTH STREET TOWNHOMES at their May 24, 2004, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat FIFTH STREET TOWNHOMES has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for FIFTH STREET TOWNHOMES and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF JULY 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK 3 SCOTT LUND - MAYOR Page 2- Resolution -2004 - FIFTH STREET TOWNHOMES EXHIBIT A STIPULATIONS l. The final landscape plan shall meet code requirements for y number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. . 2. Al1 landscaped areas shall have irrigation installed. 3. Brick on building elevations shall be extended up to the banding element above the garages. (Shown on submitted elevations) 4. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 5. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 6. Individual services will be required for each unit. 7. Petitioner shall provide easements as shown on preliminary plat. 8. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 9. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 10. Association documents to be filed with final plat. 11. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat I, approval. 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Z a N I O O i � � t Z m O � U ✓ Y n 0 a �` in U a` � 'o x ° J 5 o � E r � � E o `�3 .� � $°o 5 ��� aF Q '� � E °o� n � � _ $ � E Q E : � m _ 3�1iA5�invH�3W Ol NOLLiOav 5. ��W�N n �/ n '[ haol9 '6Z n+4t 9L ilol lo au��l+'>M- -� / /.1� 3llH5JINVH]3110t NOUIOOtl SNOLli1YVN / / '� yaolB '9L lo� �o �a�ioa � Vt N-� _ — _ — _ — _ — _ _ ___ _ _ _ — _ — _ __ _ _ _ _ _ _ J '_J'!.1 i-,-J\II;� ��il� � _ I V _ _ (11. �% -' n / n / — — _ _ — � _ _ — - r------�-----r-----I-- / r I � ' �� `�� ��:5 � �� � � I ° � I , I g ,ry G � � e 2 N � � � arr aF FRIDLEY DATE TO: AGENDA ITEM CITY COUNCIL MEETING OF JULY 26, 2004 July 21, 2004 William W. Burns, City Manager ��" � FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Development Agreement for the Fifth Street Townhomes M-04-88 INTRODUCTION On May 5, 2004, the Planning Commission considered plat request PS #04-03, by Jay Windschitl, of Tradition Homes, Inc. Tradition Homes plans to replat the property located at 5541 5th Street to allow for the construction of a 4-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #04-03, with 11 stipulations. At the May 24, 2004, City Council meeting, the preliminary plat was approved, with 11 stipulations. To be consistent in the plat process, staff has prepared a development agreement for the Fifth Street Townhome development. That development agreement has been attached for your review and approval. RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. 0 DEVELOPMENT AGREEMENT THIS AGREEMENT, made this day of , 2004, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and Gerald G. Windschitl of Tradition Homes, Inc., (hereinafter called the "Developer"). WHEREAS, The Developer have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: Lots 27, 28, and 29, Block 7, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota. That part of Lots 25 and 26, Block 7, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota, lying Northerly of the following described line: Commencing at the Northeast corner of said Lot 26; Thence southerly along the east line of said Lot 26, a distance of 46.5 feet to the point of beginning of the line to be described; thence Northwesterly to a point on the westerly line lying 5.50 feet southerly of the Northwest corner of Lot 26 and said line there terminating. (the "Subdivision"); and to be described as FIFTH STREET TOWNHOMES WHEREAS, the City Council, by resolution # , adopted , 2004, granted Developer's plat request for a portion of the property to allow it to construct a four unit town home development on the subdivision on the condition that the subdivision is developed according to the final site plan that was approved by the City Council on , 2004, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. following: Improvements shall include, but not be limited to the ♦ Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans ♦ Underground utilities for the 4 town homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations as evidenced as conditions in any resolution accepting this agreement and any related plat, and technical % specifications. The Preliminary site grading, construction of underground utilities, including main line sewer, water and sewer services; and full street restoration shall be completed prior to sale of any lots and prior to issuance of any building permits. The Developer agrees that it will not sell any lot, parcel or whole or partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other building or structure constructed on the development or within the development until the City has approved and the Developer has completed the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. The Developer shall follow all instructions received from the City's inspectors. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of the development. 2. Water and Sewer A water and sewer lateral fee assessment will not be applied to each lot, due to the fact that the original lots had paid lateral charges and the new development will require private utility installation from the existing laterals. (A) The Developer shall construct sanitary sewer and water service lines from the mains in the street to each unit. These water and sewer services shall be inspected and must meet all City standards. The City (at the developer's expense) will patch the street to City's specifications following the installation of water and sewer services, the Developer must have the cut approved by the Public Works Department of the City. (B) The Developer shall provide a utility drawing prepared by an engineer registered with the State of Minnesota for the sanitary sewer and water service connections prior to construction for approval by City Engineering staff. 3. Gradinq Erosion Control and Tree Preservation Plans. The Developer shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The grading limits for the construction of the new town homes. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan. If the Developer, future owner, its contractors, or subcontractors does not comply with the erosion control plan and schedule or supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Six Cities 0 . Watershed Management Organization, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer, future owner, contractors, or subcontractors in advance of any proposed action, but failure of the City to do so will not affect the City's rights or obligations hereunder. (C)The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Developer shall clear all soil, earth, or debris from the streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developer. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developer shall pay SAC fees at the time of the building permit issuance. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of $1,500.00 per lot at the time of building permit issuance. The total park dedication fee for the development is $6,000.00. (4 lots x $1,500.00 = $6,000.00). 7. Drainaqe Easement. The Developer shall provide the City with easements dedicated on the plat over the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Approval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Legal Proceedinqs. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of � this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest — as described in Paraqraph 1. 13. Attornevs' Fees. The Developer agrees to pay the City reasonable attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Bindinq Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developer and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. 16. Assignability. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third party without the express written consent or waiver of by the City. SIGNED AND EXECUTED by the parties hereto on this day of , 2004 DEVELOPER CITY OF FRIDLEY B --`. , ;r - By: erald G. Windschitl � Scott J. Lund, Mayor 10 ATTEST: Debra A. Skogen, City Clerk 11 EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. The final landscape plan shali meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick on building elevations shall be extended up to the banding element above the garages. (Shown on submitted elevations) 4. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 5. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 6. Individual services will be required for each unit. 7. Petitioner shall provide easements as shown on preliminary plat. 8. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 9. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 10. Association documents to be filed with final plat. 11. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 12 �, � N � � � 0 O a � �' � x w �; � O C''� p H C�t H � � � O � W � Wu ^ 0u ^ F—i � � � w �^ V < � � H � 0 a s e � 1 Eo o= �� N� mS ov �r �n o$ Y S ox 9v r _a � or��. � 50 � s°5 U -� Z o�vO F ��E - �« � rvpi ,_ - - V'Sb ..5 a { Yc° �d �E ' � o `o � n3 ES5 � �� 8ao $_ - �9I `m$" gJ O nS OZ o =' 33 O�[ ��a° ��4 o$ Zm E°� `01 z w 0 � O F � � I� 0 N � 00 oV al � vs 3� 3 m F E o � �tw � Z a �o o� O d� L° Z '� - N V � (j � a' O Z ►t�it S W E O � �Eo n�'E� .rig�0 iJ p �'.r�i o° m$ 2C�� Ot°� ��°�q �So ��3uo `''3k o�pem �'uo6m °v�_°crn o.o o; €s=_° - ny�c� i o $?� �oeo� cto ���Ee ng _.to°S � z rZ Uj d� Z C U� a N E m �. 3 � 3j a 2t1 Z4 CU� _ $� �Z �m � v�i°u �i� � a' z W E U � �Ea �Ya °.,`s` °craa- Z' V i -L E _�WC UN3� T o U U � � �3 o�o_ ;� VI - LlV � °1 0 °x a � �i � U To 0 0 �O� �roh r �9°-� w�`�'�� z �°u�in z `oEo � SEr' J n� oN o i �. � � �Eoua r N 2 z w � O � U � 0 U � � U � � � I � I I � � � �� � � i ; ; � �����,�3� o� �p,.� =�o�,�rv.� � , i, �o,a e= ,e, ,o .��� ,.,.�„r� —�, i / � i _.� ,,; i , i,�„ i "�J �� I / I )� 3LINSJIMVHJ3W Ol NOLLqOY SN011irvvN � — J -- '( h�IB'62 nryl Si �lol lo sui� Iso3-� I �--- '' — -- ��—----�—�-- —r— — -�- =r �-`- — —� — — — � i I _ — — `i 1 3 OS��991s \ i -�'i-�v / .. _ _ — _ � _7 i i v � � � r — � - OL'46 � � r ° � 1 0 � � OH'L \ -OS.46 _� I OE I �_ L ( �__-`--- 111�� awasoa i f_ cd-_�_-____- - 1 I !� I I "� R ii I�V6ou�o� /�� � i � oi � `; I I � �J � �.. �, « I -'- I il N I(J>/ i � i ;,```r i'n�tJ� I � �� i;\ j�,``� °' I i %%,� �� , �., , i , i ��, I `� I - 3 i �\ ; � I � opy � I -_ � I /� 85'fL t n• 11 J � I oN � 6G't[ � r C� -� I _°<<� pM I M.00.00.DOS ��. \ � M.00.0Q005 �C� �'\ry (J� I C� l . 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At this time, the developers are in the process of resolving some title and land issues that have caused them to not be able to close on the property. On July 6, 2004, staff received a letter from Richard Whinnery, of Town Center Development, LLC requesting a six-month extension to file the final plat, to allow additional time to resolve the above stated issues. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the 6-month extension to January 5, 2005. 14 � � cmr oF FRIdLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 26, 2004 Date: July 21, 2004 To: William Burns, City Manager�c�� From Subject Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Ratification of Actions and Reauthorization of Staff to Execute School District/ City Land Swap Documents 11•• INTRODUCTION The purpose of this action is first to Ratify (or reconfirm) all previous actions of the City with regard to the Vineland Park Plat and land swap with certain easements granted to each of the parties, the City of Fridley and School District No. 14. The second part of this action reauthorizes staff to finalize the documents by collecting all pertinent signatures and filing said documents with Anoka County. ELEMENTS This project quite possibly holds the record for lengthiest plat/agreement process from start to finish. Fortunately, its application predates State Statute 15.99 (the 60—Day Law) and both parties have contributed to and recognized the time that was taken as essential to the final satisfaction and comfort of both parties. On July 8, 1996 the City held a public hearing regarding the plat of Vineland Park. In October of that same year the first and second reading of the preliminary plat resolution was approved and was published on November 7, 1996. The final plat mylars were completed in early 1997. Before the time the final plat mylars were completed and ready for Council approval, some of the school board members had changed. The mylars were then prepared again with the new Board Member signature lines. Much time had elapsed before the Council re-approved the plat in 2002. The final plat itself has been filed and the agreements relating to the land swap are details that this action will complete. Much time was spent in the subsequent years preparing and revising documents to finalize what started as a complicated, yet common sense solution to a longstanding 15 land ownership matter. The action before you recognizes the plat that was approved in 1996, ordinance 1079 — sale of surplus land, ordinance 1076 vacating of streets and alleys, a resolution approving the revised 2002 plat, quit claim deeds as necessary for title conveyance, a school district resolution granting the City easements and the City Resolution granting the School District easements (for access to Moore Lake to continue physical education and other class work as they have historically. All documents have been reviewed and approved by both the School District and City attorneys and await City Council approval. PLANNING STAFF RECOMMENDATION City Staff recommends ratification of all previous actions on this land swap and reauthorization of staff to execute and file documents with Anoka County. 16 ■► AGENDA ITEM �` CITY COUNCIL MEETING OF �TM QF J U LY 26, 2004 FRIDLE7 To: William W. Burns, City Manager ,�,'�� .� From: Captain Lynne Tellers Bankes Date: July 23, 2004 Re: School Resource Officer Contract The Fridley Police Department has furnished two officers to Fridley Independent School District #14 to serve as School Resource O�cers. One serves at Fridley Middle School and one serves at Fridley High School. Since the inception of the program in 1994, the Police Department has paid the salaries and benefits of these two officers. Grants were plentiful and supplemented the cost of the officers. Those grants have been eliminated. Due to severe State budget cuts the police department analysis of our budget included the possibility of eliminating one or both positions in the schools. The City of Fridley and the School District believe in the School Resource Officer program and the benefits of having officers in the schools are numerous. Meetings were held and a collaboration agreement was reached. The purpose of this contract is to share the expenses of the two School Resource Officers with the Fridley School District. For 2004-OS school year, the Fridley School District will pay the City of Fridley $53,438.78. The City will bill the School District quarterly. The actual amount of the officers' salaries and benefits may be different from this figure as the officer's union contract for 2004 has yet to be settled. This contract has been reviewed by Fridley City Attorney Fritz Knaak and approved. It is in the process of being reviewed and has preliminary approval from Fridley School Superintendent Mark Robertson and Finance Director Jim Fisher. While the School District is paying for one half of the o�cers assigned to the schools salary and benefits, the Public Safety Directar maintains control over the officers' assignments and duties. The term of the contract is from September each year to June of the ne� year and is renewable yearly. The City of Fridley and the School District may exercise a 30-day cancellation agreement. The staff recommends City Council approval of this contract. Captain Lynne Tellers Bankes For pon Abbott; Public Safety Director 17 SCHOOL RESOURCE OFFICER CITY OF FRIDLEY / FRIDLEY SCHOOL DISTRICT #14 SERVICE AGREEMENT This agreement is made tl�is day of , 200� pursuant to M.S. 471.59 by and between the City of Fridley (City) and Independent School District #14 (School District). 1. PURPOSE The City of Fridley and the Fridley School District wish to participate in a School Resource Oi�icer Program. Both the City and the School District agree that a more formalized approach to the School Resource Officer Program is needed to improve understanding and promote mutual respect between police, school, staff, counselors, parents and students. The purpose of this Agreement is to set forth in writing ,the terms and conditions of the mutual duties and obligations and to create, fund and implement the position of School Resource Officer (SRO). 2. FUNDING The School District will fund the following expenses in connection with the School Resource Officer (SRO): The School District will fund one-half of the salaries and benefits for two SRO's during the school year, totaling $53,438.78 for the 2004- OS school year. This amount shall be based on the two assigned officer's salaries and benefits per month far the 4 months in 2004 (September-December) and 5 months in 2005 (January-May). The School District officials and the Fridley Public Safety Director sha.11 deteimine the specific days/hours to be worked under this agreement. 3. SERVICES This City shall provide the services of two licensed police officers and related support services and supplies to assist the School District in establishing a School Resource Officers Program. The officer's will have primary responsibility in serving as a resource person to faculty, classroom members and school administratars in the promoting of positive juvenile behavior. The School District agrees to provide adequate office space, telephone and other reasonable clerical support services. One SRO will be assigned to the middle school and one to the high school. 4. PAYMENT The City shall provide billing to the School District for services provided in this Agreement, and the School District will remit payment to the City on a quarterly basis. . �� 5. TERM this Agreement shall commence on the day of September, 2004, and shall end on the last day of school. Thereafter, it shall be renewed on a yearly basis by mutual agreement. Either party may cancel this Agreement with a 30 day written notice. 6. GENERAL PR4VISIONS It is e�ressly agreed that the School Resource Officer is a City employee and shall not be considered an employee of the School District for any purpose including but not limited to salaries, wages, other compensations or fringe benefits, Worker's Compensation, Unemployment Compensation, P.E.R.A., Social Security, Liability Insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The City shall assume all liability for the actions taken by the SRO in the performa.nce of his/her duties as a Peace Officer. The SRO will report to and be directed by the Fridley Public Safety Director or his designee, but will consult regularly with School District Officials. Representatives of the School District and the Public Safety Director or his designee shall negotiate resolution of unforeseen problems arising in this program. 7. SCHEDULING The duty hours of the SRO are fle�ble and will be primarily coordinated with the school day and activities. The SRO will make daily contact with the Police Department for the purpose of keeping abreast of incident reports and other City activity. The SRO may be required to conduct juvenile investigations. Anytime an SRO must take a da.y off or schedules vacation during the school year, he/she will coordinate school coverage with the other SRO. SRO's will attempt to refrain from taking time off at the same time. During non-school periods, the City will determine the SRO duties and schedule. 8. DISCRIMINATION The City and the School District agree not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age or religion. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THIS date: City of Fridley Scott. R. Lund, Mayor Donovan Abbott Public Safety Director Fridley School District #14 Mark Rabertson, Superintendent Jim Fisher, Finance �� 2 � AGENDA ITEM �` COUNCIL MEETING OF JULY 26, 2004 CffY dF FRIDLEY CLAIMS 117412 - 117565 20 � � C�'f'Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 26, 2004 LICENSES ' Type of License � Approved By: PEDDLER' S LICENSE RELIGIOUS AND CHAIRTABLE ORG Grassroots Campaigns, Inc. Todd Richard Public Safety 1885 University Avenue St. Paul, MN 55104 TEMPORARY FOOD SALES LICENSE Fridley Historical Society Mary Sue Meyers 611 Mississippi Street Fridley, MN 55432 MASSEUR / MASSEUSE CERTIFICATE Jessica Jellings 2412 5�' St. NE Minneapolis, NIN 21 Public Safety Fire Inspector Planning Director Public Safety � � �� � � ._�..W�.;� City of Fridley AGENDAITEM City Council Meeting Of Monday, July 26, 2004 Gas Services Superior Contractors Inc 6121 42 Ave N Crystal MN 55422-0559 General Contractor-Commercial Dorglass Inc 6008 Culligan Way Minnetonka MN 55345- Mortenson Eric Construction 2741 Churchill St Roseville MN 55113- NewMech Companies Inc 1633 Eustis St St Paul MN 55108- Nor-EII Incorporated 851 Hubbard Ave St Paul MN 55104- Trung Duong Contractor 661 116 Lane NE Blaine Mn 55434- General Contractor-Residential Blomquist Exteriors(20172580) 12601 Harpers St NE Blaine MN 55449- Cox Contracting LLC (20319491) 5925 Polar Bear Lane White Bear Township MN 55110- � James Scott Jon Hansen Eric Mortenson Peter Jordan Robert Norris Trung Duong Mitch Blomquist Edward Cox 22 Approved By: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN � � � DreamMaker Bath 8� Kitchen (20204058) 6801 Wayzata Blvd Lynn Monson St Louis Park MN 55337- Durabilt Associates Inc (3004) 6318 Cambridge St Thomas Kasprcak St Louis Park MN 55416- First Builders of MN Inc (20178688) 9523 Pineview Lane N Bradley Boltz Jr Maple Grove MN 55369- Kessler Michael Builders (20277018) 6832 190 Lane NW Michael Kessler Anoka MN 55303- Loyal Home Improvements LLC (20353848) 477 Grand Ave Brian Mayer St Paul MN 55102- Matrix Construction (204331447) 1204 Knox Ave N Bill Baskerville Minneapolis MN 55411- Schoenborn Construction (20032072) 11640 Terrace Rd Everett Schoenbom Blaine MN 55434- Tradition Homes Inc (20004273) 3680 152 Lane Jay Windschitl Andover MN 55304- Heatinq Practical Systems 4342B Shady Oak Rd Jeff Kline Hopkins MN 55343- Superior Contractors Inc 6121 42 Ave N James Scott Crystal MN 55422-1601 23 Approved By: State of MN State of MN State of MN State of M N State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Plumbinq Jay Hawk Mechanical Inc 1245 Choke Cherry Rd Lino Lakes MN 55038- Sign Erector Signcrafters Outdoor Display 7775 Main St NE Fridley MN 55432- � Geno Gardner 24 Approved By: State of MN Ron Julkowski Building Official � �` AGENDA ITEM �TM�F CITY COUNCIL MEETING OF JULY 26, 2004 FRIDLEY INFORMAL STATUS REPORTS 25