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09/27/2004 - 4584( OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING SEPT'EMBER 27, 2QQ4 � �f � , _ , , � ,� � ` CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 2?, 2004 7:30 p.m. - City Council Chambers Attendance Sheet Please print name address and item number You are interested in. � Print' Nam� (Clearty) Address Item No. ' ' ,� � I Z_ C ,,� � c� � I � �' c l� � � Ki% '� � � ' �`.�i x x (c. ��� 1') � � � -� � � J ! �2- l� '� ,�,� y" � L� � `1�� ' /�5 �j e�? �a r �. /1a� � %f� � �,, tZ c�.�.c-���d-rr/ � - -� , , :i� �S�( .C"�- r / U�'� , aJ � r� H�:�`� �`n� a, � R�� �'� . Z:�r� � . � � � � � .� � � ' �,f( � 7. ' 3� I(� c- c., t. Y� i t2-� �t,�`��/l N� "Zc�i �2 ., � � —� t Vf' .�+ t, r-' l� � % C� ` 1 �7G� `�.L ' c �� �v � � 1 � ` � �, - � ��1 �rl � �. VY' �.�� .�/�L.� -�' � � 7 � � � Sr-�.��'i ►� �rx ,r„: � � CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 G7TY 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 regaxd to public assistance. Upon request, accommodation will be provided to a11ow 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. PROCLAMATION: Fire Prevention Week: October 3— 9, 2004 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 13, 2004 NEW BUSINESS: 1. Resolution Approving a Plat, P.S. #04-02, Capretz '3 Addition, by John F. and Sandra K. Capretz, for the ��� S Purpose of Creating Two Single Family Lots, Z' Generally Located at 7335 East River Road N.E. (Ward 3) - ....................................................................................................... c� �� 2. Resolution Extending the Term of the Southern °�-�'� Anoka County Community Consortium Joint Powers Agreement - ....................................................................................................... 5 4 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Approve Renewal of Contract for Towing, Storage and Impounding of Vehicles befinreen the City of Fridley and Shorty's Heavy Duty Wrecker Service, Inc . ....................................................................................................... 15 - 19 4. Claims ....................................................................................................... 20 5. Licenses ....................................................................................................... 21 - 23 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 6. Consideration of Neighborhood Street Improvement Project No. ST. 2005 — 1 .................................................................................... 24 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 PAGE 3 NEW BUSINESS: 7. Special Use Permit Review, SP #03-07, by Frattalone Companies, for the Purpose of a Rock Crushing Operation on the North Side of the Property, Generally Located at 8170 Hickory Street N.E. (Ward 3) ................................................... 25 - 27 8. Informal Status Reports ..................................................................................... 28 ADJOURN. I� � � � � � � FIRE PREVEI�TION WEEK October 3 - 9, �004 WHEREAS, the Fridley Fire Department responds to more than 160 fires a year; and, WHEREAS, home fires claimed more than 2,600 lives in the U.S. in 2002; and, WHEREAS, 79 percent of fire deaths nationwide happen in the home; and, WHEREAS, the Fridley Fire Department recognizes the significant personal and economic toll fire takes on its citizens; and, WHEREAS, the Fridley Fire Department understands that safety measures can significantly cut the risk of fire; and, WHEREAS, a fire can spread rapidly, and a quick escape from the home increases the chances of survival; WHEREAS, smoke alarms have been proven an effective lifesaver, having helped to cut the home fire death rate by one-half since their introduction to the general public; and, WHEREAS, smoke alarms are essential in every household and should be installed on every level of a home, including the basement and outside of each separate sleeping area; and, WHEREAS, the Fridley Fire Department is joining with the National Fire Protection Association (NFPA) in reaching out to its citizens with a message of fire safety during Fire Prevention Week 2004; and, WHEREAS, the Fire Prevention Week 2004 theme, "It's Fire Prevention Week. Test Your Smoke Alarms " is an important message for all citizens of Fridley; NOW, THEREFORE, BE IT RESOLT�ED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the week of October 3 through 9, 2004, as FIRE pREYE1VTlON WEEK in the City of Fridley. The Fridley Fire Department invites all residents to visit the Fire Department during their annual open house on Saturday, October 2, 2004, from 11:00 a.m. to 3: 00 p.m. I call upon the people of Fridley to remember the Fire Prevention Week 2004 reminder, "It's Fire Prevention Week. Test Your Smoke Alarms, " and urge all citizens to heed the advice to install and maintain smoke alarms. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 27`" day of September, 2004. Scott J. Lund, Mayor ' .;� � b 0 MINUTES OF THE ` FRIDLEY CI'1'Y� COUNCIL MEETING , OF SEPTEMBER 13, 2004 _ �p.. . � - . ��z � � � �� �� � ��� ��� .. . . . . Y�g;�. :� _ {k , � - ....,. �.��- _...2i CITY OF FRIDLEY CITY COUNCIL MEETING SEPTEMBER 13, 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 Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. PROCLAMATION: Student Foreign Exchange Week: September 13 —19, 2004 Mayor Lund presented the proclamation and introduced the following foreign exchange students: Roberta Masala from Italy, Aude Pauhaer from France, and Joergen Steffensen from Norway. Constitution Week: September 17 — 23, 2004 Mayor Lund presented the proclamation to Ann Essling and Dorothy Linse. Domestic Violence Awareness Month: October 2004 Mayor Lund presented the proclamation to Christine Molso from the Alexandra House. Ms. Molso, Volunteer and Community Education Coordinator for Alexandra House, stated this past year they housed 420 women and assisted 395 children. Of the 420 women served, 42% were from Anoka County and 47% of those women were from the City of Fridley. � APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 9, 2004. (Tabled August 23, 2004.) Approved. City Council Meeting of August 23, 2004. Approved. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paae 2 of 9 OLD BUSINESS: 1. Ordinance No. 1197 Amending the Fridley Municipal Code by Allowing Certain Holders of Liquor Licenses to Sell Intoxicating Liquor until 2:00 a.m. Dr. Burns, City Manager, stated this legislation amends Chapters 602, 603 and 606 of the City Code to allow establishments that are licensed for on-sale beer and liquor and on-sale clubs to apply for permits to extend their hours of sales to 2:00 a.m. Council approved the first reading of this ordinance on August 23, 2004. Staff made the language clarifications requested by Council. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1197 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Resolution to Vacate an Existing Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2"d Addition, Generally Located at 1419 West Danube Road (Ward 2). Dr. Burns, City Manager, stated last September, Council approved the preliminary plat to allow the creation of legal descriptions necessary to swap properties with Brendan and Cheryl Klein, owners of the property at 1419 West Danube Road. The Kleins' mortgage holder has requested that the unused utility easement located under the swimming pool be vacated. Though the property is being replatted into a new configuration and legal description, a resolution approved by Council is necessary to vacate the underlying easement. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Approving a Subdivision Plat, PS# 03-05, Generally Located at 1419 West Danube Road (Ward 2). Dr. Burns, City Manager, stated that last year, an encroachment on City property was discovered. The owners of 1419 West Danube Road built a pool on a portion of park property. The City has an easement for a trail over a portion of the Klein's property. Last September, Council approved a land swap of two similar sized properties to correct the problem. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paae 3 of 9 4. Resolution of the City of Fridley, Approving the Transfer and Exchange of - Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, said that pursuant to the terms of the land exchange, Mr. and Mrs. Klein will receive a 1,447 square foot parcel, Tract A, and the City will receive a 1,550 square foot parcel, Tract B. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Resolution No. 2004-48 Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Adopting a 2004 Tax Levy Collectible in 2005. Dr. Burns, City Manager, stated that since 1996, the HRA has been levying a small property tax to cover the cost of its housing and rehabilitation programs. This tax amounts to .0144% of the taxable market value for all Fridley real estate. In 2005, this tax is expected to generate $321,192 and will cost the owner of a$200,000 single family home approximately $28.80. The HRA unanimously approved the 2005 levy at their September 2 meeting. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-48. 6. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST.2004-1. Dr. Burns, City Manager, explained there are 67 properties and a proposed assessment of $106,171.67. The amount will be assessed for ten years with interest charged in equal payments at the rate of 6.5%. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Alley Paving Project ST. 2003-3. Dr. Burns, City Manager, stated this is the assessment for the alley paving that was done last year for the alley located behind Anoka Street and Arthur Street from Mississippi Street to 66th Avenue. The cost, $21,336, is to be assigned to the benefiting property owners. The amount will be assessed for ten years with interest charged in equal payments at the rate of 6.5%. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 0 FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 4 of 9 8. Resolution Directing Preparation of the Assessment Roll for the 2004 Nuisance Abatement. _ Dr. Burns, City Manager, explained that there are two properties to be assessed for a total of $9,830.16. They will be assessed for one year at the rate of 6.5%. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. Resolution Directing Publication of the Public Hearing Notice on the Proposed Assessments for Street Improvement Project No. ST. 2004-1; Alley Paving Project No. St. 2003-3; and Nuisance Abatement Project 2004-1. Dr. Burns, City Manager, stated the notice will be published on September 16 and the hearings will be held on October 4. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. Resolution No. 2004-51 Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986. Dr. Burns, City Manager, explained this item provides for Council's approval of the 2004 firefighters contract which provides for life, health, and dental insurance benefits currently enjoyed by non-union employees. It also provides for the same 2% cost of living adjustment that non-union employees received this year. There are no other changes in the current contract language. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-51. 11. Resolution No. 2004-52 Designating Time and Number of Council Meetings for 2005. Dr. Burns, City Manager, stated staff has provided a proposed calendar of ineetings and holidays for 2005. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-52. 12. Claims. APPROVED CLAIM NOS. 117988 THROUGH 118275. FRIDLEY CITY COUNCIL MEETING. SEPTEMBER 13. 2004 Paqe 5 of 9 13. Licenses. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda with the removal of Items 2, 3, 4, 6, 7, 8, and 9. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt the agenda with the addition of Items 2, 3, 4, 6, 7, 8, and 9. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on the agenda (15 minutes). Mr. Nathan Jones, 2217 Maiden Lane N.E., Columbia Heights, introduced himself as a candidate for State Representative in House District 50A. Mr. Pete Eisenzimmer 6535 Oakley Drive N.E., thanked the people who helped him get the utility rate issue on the ballot. He also expressed concern about the lack of response from the City staff on his question regarding the recycling contract and asked staff to send him a letter explaining what will be done. Mr. Hickok, Community Development Director, said he contacted Mr. Eisenzimmer last week to schedule a meeting with him. Mr. Eisenzimmer indicated he was not available. He stated he will contact Mr. Eisenzimmer again to schedule an appointment. At Councilmember Bolkcom's request, Mayor Lund clarified the purpose of the Open Forum portion of the meeting. Mr. Don Anderson, 7304 West Circle N.E., stated he will be participating in the Twin Cities Marathon on October 3 and would like the citizens' support. Mr. Bob Ecker, 5940 Third Street N.E., stated there is a 10' x 10' shed on the property across from his home. Mr. Hickok asked Mr. Ecker to call him and he will investigate. Mr. Brett Letourneau, Citywide Service Corporation, stated he thought the City's Police Department's towing contract was on tonight's agenda. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 6 of 9 Mr. Abbott, Public Safety Director, apologized and explained there was insufficient time to prepare the material for this meeting, but it should be ready for the next Council meeting. NEW BUSINESS: 2. Resolution to Vacate an Existing Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2"d Addition, Generally Located at 1419 West Danube Road (Ward 2). 3. Resolution Approving a Subdivision Plat, PS# 03-05, Generally Located at 1419 West Danube Road (Ward 2). 4. Resolution of the City of Fridley, Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Councilmember Billings referred to the City Charter which requires that any land sold or disposed of by the City must be done by ordinance. Mr. Fritz Knaak, City Attorney, reviewed the Charter and concurred that the final action on this exchange will have to be by ordinance. He suggested Council table the resolutior� and begin with the normal procedures for adopting an ordinance. Councilmember Billings questioned the whole process on this matter and whether or not the City is actually gaining anything. Mr. Hickok, Community Development Director, explained that staff thought this would be a creative solution to what was a problem for the property owner. They had a pool and equipment installed outside of their survey boundaries. There was almost an exact square foot trade that could be made so that the City could take the path land by easement and get that in title and in exchange the Klein's could get almost identical square foot dimensions back to reconfigure their lot and have their pool and equipment on their own property. Councilmember Billings commented when the City has an easement, it has the right to use it for whatever purposes the easement is. Mr. Hickok explained that this was an important issue for the Kleins. Councilmember Billings asked who is paying the fees and how much staff time has been invested in this matter. Mr. Hickok stated the Kleins are paying the fees. As for staff time, there has been a limited amount involved. The Kleins hired their own surveyor, their own attorneys, their own title people and their own closing company. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paae 7 of 9 Mayor Lund asked about the existing chain link fence on this property. Mr. Hickok explained there is a retaining wall with a fence around the pool equipment. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to table Items 2, 3 and 4 until such time that staff can bring these items back before the Council. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Resolution No. 2004-46 Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST. 2004-1. 7. Resolution No. 2004-47 Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Alley Paving Project No. ST. 2003- 3. 8. Resolution No. 2004-49 Directing Preparation of the Assessment Roll for the 2004 Nuisance Abatement. 9. Resolution No. 2004-50 Directing Publication of the Public Hearing Notice ' on the Proposed Assessments for Street Improvement Project No. ST. 2004-1; Alley Paving Project No. 2003-3; and Nuisance Abatement Project 2004-1. Councilmember Bolkcom her only concern is that the correct and current property owners are notified of the above items. Mr. Pribyl, Finance Director, stated there are only two property owners involved in the nuisance abatement. Staff uses the information available from Anoka County property tax system as far as current property ownership. He said they checked the County records as recently as last week to make sure they had up-to-date information. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to adopt Resolution No. 2004-46. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-47. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 8 of 9 MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-49. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-50. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Informal Status Reports Councilmember Bolkcom stated there are meetings on September 14 and 15 at 7:00 p.m. at City Hall regarding the street reconstruction project for next year. Councilmember Bolkcom thanked the City Police and Recreation Department for their assistance in the Art at Rice Creek event. Councilmember Wolfe thanked Jack Kirk and the Recreation staff for the successful City golf tournament. Mayor Lund thanked those who attended the September 11th Patriot Day event at Spring Lake Park High School. Mary Lund stated on September 29 the City will be hosting a Senior Safety Camp at the Fridley Community Center from 8:30 a.m. to 3:30 p.m. Councilmember Billings commented on the editorials in the Fridley Focus about the comprehensive plan and housing forums. One question raised is how this is being paid for. Another concern expressed was that the consultant was trying to steer attendees in a specific direction. He asked Mr. Hickok to explain the process, why there is a coordinator involved, what staff's expectations are and how staff plans to address those people who are dissatisfied with the direction of the housing forums. Mr. Hickok explained the consultant for the housing forums is being paid half by a revenue fund for Section 8 and half by the Fridley HRA. He stated the facilitator was chosen because he has worked with the City on the comprehensive plan. They also felt it was important to have City staff step back based on recent criticisms, and they did not want the forums to be biased in any way. The facilitator is neutral and understands the comprehensive plan process. At the end of the forums, the consultant will prepare a final report that will summarize the discussions. There is no effort being made to steer work to the facilitator. It is about getting feedback on City housing issues. This facilitator is very good at getting the issues out on the table and getting those matters resolved. Another concern expressed was that the forums are more like a lecture. He FRIDLEY CITY COUNCIL MEETING SEPTEMBER 13 2004 Page 9 of 9 said a forum includes sharing of information with a question and answer period. Attendees should be prepared to listen as well as to ask questions and get answers. There is a follow-up document for the first session that answers every question presented. It will be handed out at the next forum scheduled for September 23. Councilmember Bolkcom commented that the forum was structured for questions and answers without creating debates. ADJOURNMENT MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:35 PM. Respectfully submitted by, Rebecca Brazys Scott J. Lund Recording Secretary Mayor � CXiY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 September 20, 2004 William Burns, City Manager �` � Scott Hickok, Community Development Director Stacy Stromberg, Planner Final Plat, PS #04-02, John and Sandra Capretz M-04-122 INTRODUCTION On May 5, 2004, the Planning Commission considered plat request PS #04-02, by John and Sandra Capretz. Mr. and Mrs. Capretz plan to replat the property located at 7335 East River Road to create two single family lots. City Staff and the Planning Commission recommend approval of plat request, PS #04-02, with 12 stipulations. At the May 24, 2004,•City Council meeting, the preliminary plat was approved, with 12 stipulations. RECOMMENDATION City Staff and the Planning Commission recommend final plat approval of PS #04-02. STIPULATIONS 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Property owner of record at time of building permit application shall obtain a permit from Anoka County for any work done within the county right-of-way. 5. Petitioner to properly maintain Lot #1 until sale occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. 1 9. Each property shail have there own access onto East River Road, defined and separated with B6-18 curb drops and aprons. 10. Access to Lots 1 and 2 shall be made within 30 feet of their common property lines. 11. Property owner of record at time of building permit application to obtain residential access permit from Anoka County Highway Department for the new access to Lot 1. 12. Each property shall be accessed through proper, legal driveways. � RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #04-02, CAPRET2 ADDITION, BY JOHN F. AND SANDRA K. CAPRETZ, FOR THE PURPOSE OF CREATING TWO SINGLE FAMILY LOTS, GENERAiLY LOCATED AT 7335 EAST RIVER ROAD 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 CAPRETZ ADDITION at their May 24, 2004, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat CAPRETZ ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for CAPRETZ ADDITION 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 27TH DAY OF SEPTEI�ER 2004. 0 ATTEST: DEBRA A. SKOGEN - CITY CLERK � �i3 SCOTT LUND - MAYOR Page 2- Resolution -2003 - CAPRETZ ADDITION EXHIBIT A STIPULATIONS 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Property owner of record at time of building permit application shall obtain a permit from Anoka County for any work done within the county right-of-way. 5. Petitioner to properly maintain Lot #1 until sale occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped _ or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. � 8. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. 9. Each property shall have there own access onto East River Road, defined and separated with B6-18 curb drops and aprons. lO.Access to Lots 1 and 2 shall be made within 30 feet of their common property lines. 11.Property owner of record at time of building permit application to obtain residential access permit from Anoka County Highway Department for the new access to Lot 1. 12.Each property shall be accessed through proper, legal driveways. � � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager t���' �� SUBJECT: DATE: Extension of the SACCC Joint Powers Agreement September 22, 2004 The Southern Anoka County Community Consortium agreed to ask their membership to renew the current SACCC Joint Powers Agreement by extending the term to December 31, 2006. Please note the attached memorandum from Tim Yantos, a resolution providing for the extension and a copy of the agreement. I recommend that Council approve the resolution. 5 TIM YANTOS Deputy County Administrator Direct #763-323-5692 COUNTY OF ANOI�:A OFFICE OF CO�JNTY ADMINISTRATION GOVERNMENT CENTER 2100 3xn AvExu� • Artoxa, MINNESOTA 55303-2265 (763) 323-5700 June 23, 2004 N��IO TO: Ccr�zmissior�er dim, Kcrd�ak Nancy Kaldor, Superintendent, Columbia Heights Ind. School District #13 Walter Fehst, City Manager, City of Columbia Heights Mark A. Robertson, Superintendent, Fridley Ind. School District #14 ipf.' William W. Burns, Manager, City of Fridley Ruth Nelson, City Clerk, City of Hilltop , FROM: Tim Yantos, Deputy County Administrator •''��:-- E t C�v` ' SUBJECT: Renewal of Joint Powers Agreement and Values First and SACCC Coordinator Services for 2005-2006 At the May 6, 2004, meeting of the Southern Anoka County Community Consortium (SACCC), the consortium addressed the subject that the participating SACCC members consider renewing the current 7oint Powers Agreement by extending the term to December 31, 2006. According to Article 8 of the current Joint Powers Agreement, "This agreement may be renewed for an additional term of two years each by resolution of all of the governing bodies of the parties hereto, prior to the expiration date of this agreement." I have attached a sample resolution you may wish to use to allow for this extension. Anoka County has made a decision to continue financial support of SACCC/Values First through 2006 at the current 2004 level. We are hoping that the cities and schools are able to make a similar commitment. At this level of commitment, the Values First SACCC coordinator position could be continued at a 17-hour week level. This is a reduction from the current 20-hour week contract, however my understanding from the Values First Executive Committee is that this would be acceptable to Barbara Tuccitto Warren and that Values First would make attempts to fund additional hours through grant requests. We understand the consortium recommends the 17-hour work week be divided between Values First and SACCC, with approximately 12 nours per week for Values First and the remaining 5 hours per week for SACCC. We would recommend that th.is contract position be for 2 years; however, continued funding of the position w�uld be addressed annually by the consortium FAX: 763-323-5682 Affirmative Action / Equal pportunity Employer TDD/T'TY: 763-323-5289 June 23, 2004 Page 2 members. We would like to be able to increase our financial commitment and maintain the coordinators hours at the current level, but due to the �nancial stresses we are all currently experiencing, the decision to maintain our financial commitment at the 2004 level seems appropriate. The following table details a breakdown of inember costs for 2005 and 2006 for the Values First /SACCC coordinator contract: 2005 2006 City of Fridley $5,782 $5,782 City of Columbia Hei hts $5,782 $5,782 School District #13 $4,262 $4,262 School District #14 $4,262 $4,262 City of Hillto $304 $304 Anoka County 7 500 7 500 $27,892 $27,892 The consortium requests each member governing body take action on the approval of the extension for the Joint Powers Agreement and funding of the coordinator by December 1, 2004. Please address these matters with your governmental members and, once approved, forward a signed copy of the Joint Powers Agreement to: Tim Yantos, Deputy Administrator Anoka County Government Center 2100 3rd Avenue Anoka, MN 55303-2265 Should you have any questions regarding this matter, please do not hesitate to contact me at 763-323-5692. TY:sky Enclosures cc: Barb Wanen, SACCC Coordinator r� RESOLUTION NO. 2004 - RESOLUTION EXTENDING THE TERM OF THE SOUTHERN ANOKA COUNTY COMMLTNITY CONSORTIUM JOINT POWERS AGREEMENT (CONTRACT NO. 950154D) WHEREAS, in June of 1995, a Joint Powers Agreement established the Southern Anoka County Community Consortium consisting of Anoka County, and the Cities of Columbia Heights, Fridley, Hilltop, and Independent School District Nos. 13 and 14; and, WHEREAS, the general purpose of this Joint Powers Agreement is to allow each party to jointly and cooperatively coordinate the delivery of services, maximize the use of resources, avoid redundancy, encourage public, private community partnership, and to develop and find programs to promote the general community health and safety in the territory of the cities herein; and, WHEREAS, a very successful example of this joint, cooperative effort is the establishment of the community values program known as Values First, which has been recognized throughout the country as a model for promoting core values consistently across all sectors of the community so that youth and adults have a common, inclusive foundation upon with to operate, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley supports the efforts of the Southern Anoka County Community Consortium and does hereby renew and enter into the aforesaid Southern Anoka County Community Consortium Joint Powers Agreement (Contract No. 950154D) until December 31, 2006, unless earlier terminated or extended under the terms hereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF SEPTEMBER, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK : SCOTT J. LL1ND - MAYOR Contract vo. 950154 JO �iT PO wERS A GRE�tiL��°r SOV�'HERN A.L'�IOKA. COUIv�TI' COltiL1�i IL'IvZTY CONSORTIGyI "SACCC" The parties to this ADreement aze Anoka Counry, City of Columbia Heights, Ciry oi Fridley, Ciry of Hilltop, Independent School District No. 13, Independent School D'utrict No. 14, all of which are aovernrnental units of the State of lyfuinesota. This A� e�ment is made pursuant to I�innesota Statutes, Section 47I.59. ARTICLL" I. �GF-�YERA.L PURPOSL The ge»eral puipose of this ADreement is to create an organiza.tion to be known as the Southezn Anoka County Community Consortium ("SACCC") �hrou;h which the parties may jaintly and cooperati�rely coordinar.e �he delivexy of services, mzximize rhe use of resources, . avoid redundancies, encouraae public-private community partnerships, and develop and fund pro;rams to promote the general commuriiry heal�h and welfare in �he cerri�ory of the cides � herein. 0 A.RTICLE LT_ P�t?TES Section I. Tlie Dovernmental uniu eli;ibie co be�ome panies to this A�rerr:�ent are Anoka Coun�y, Ciry of Columbia Hei?iit�, City of Frzdley, Ciry of Hilltop, Independen� School D'utrict No_ 13, Independent School District No. 14, and such other �overnmental units sharing common concerns an� designated by the Board from time co tirne. Seccion 2. Any eligible governmenral unit d.esirina to enter into this A;rerment may do so� by the duly authorized execution of a copy of rhis A;re�menc by iu proper officers. Thereupon, the clerk or othex correspondin� officer of the �overnmental unit snall file a duly execuced copy of che Agrerment, together with a cerrified copy of tre authorizin� resoluti�n or other acdon, with the Board of Directors. The resolution anthorizing the execution of the A;reement snall also designate che firsc directors and al�erna�e d'uector. � d 0 e ARTTCLE III. BO �.ZtD 0 F DIRECTORS Secdon 1, The governin; and policy-making res�onsibilities of SACCC shall be � vested in irs Board of Directors, which shaIl con[rol i[s properry, be responsible for zcs finances, and direct i� affairs. Fach panY shall be en[itled co cwo direccors who shall have one vote each. Section 2, Fach parcy shall also be entided to one aitemate director who shall be enaded to attend meedngs of the Board and may vote in the absence of the parry's director. Secuon 3. Directors and alternate d"uectors shall be appointed by the ;o�erning body of each pany. Directon and alternates shall serve without compensa[ion from SACCC, but may be paid ezpenses foz attendance at meeangs of, or on behalf af, �he Board. A parry may provide compensation for its director or alternate director if such compen5ation is authorized by such governmental unit and by law. Section 4. There shall be no votin; by proxy, but all va[es must be cast in person ac Board meednos by che director or alternate director. Secdon 5. Direccors and alternate directors shall be appoinced to serve until their svccessors are appoin�ed and qualified. Sectian 6. When rhe governin� body of a party appoints a director or alternace dixector, it shall oive �otice of such appoin�ment to the SACCC in wzidn�. Secaon. 7. Any director or alternate e�irector shal� serve at the pleasure of the oovernin; body of the appointing pury. Section 8. A majoriry of the vo�es attributable to che parties shall constitute a quorum of the Boaxd. -2- � d :, � Section 9. 'I�►e Board by majority vote may desi�nate ex-officio members who shall " be entided to attend and pardcipate in Board meednos, but shall not be encitled to vote. Such ex-officio members shall serve for a term of two years, and may be re-appoin�ed. ART'xCLE iV. PO�YERS A�ti� DU?�S OF '�,E BOA.RD Section 1. The powers and duties of �he Board. shall include che powers s�t Eor[h in this Article. Secuon 2. I� may employ a person to act as Executive Direccor of che Board and may employ such ocher persons az it deems necessary to accomplish che purposes of this Aoreement, to carry out i�s responsibilides, or to effectuate i�s powen. Any such persons may be employed on a full-time, parc-time, or consultin� basis, as the Board may determine. Secdon 3. It may rnake such contrdccs as the Board deems necessary and advisable co + make effecuve any power to be exercised by che Board pursuant to the provisions of this Aazerment. Seccion 4. Xt may provide for any of its employees co be mernbers of che Public Fmployees Redrement Association and may make any required empioyer contribution co that or;anization and any other employer contributions which municipalities are authorized or requized by law to make. Secrion 5. Tt shall establish an annual budget. it may invest or reinvest funds not needed for current operadng expenses, if any, in the maaner appticable by law to cities. It shall not at any time incur obli�dons in excess of funds then avaitable to it. Organizauon funds may be expended by the Board in accordance with procedure established by laws fer the expenditure of funds by the members hereto. The Board, annually, shall appaint a fiscal -3- 11 a�en� From amona its members to si�n orders, checks and drafts. �ther le;al insttuments shall be executed on beha]f of the Board by the chair and vice-chair. Secdon 6. It shall maintain a suic� accoundn; of all ftinds and report of all rec�ipts and disbursements. Ic shall make a financial accouncin; and report �o che parries ac Ieast once each year and its books and records shall be audited annually and be available for and open to examination by the parues at all reasonable times. Secdon 7. It may accepc gifcs, apply for and use grdnts of money or ocher properry from che Sta[e of Minnesota or any o�her �overnmental or pnva�z or;anizati°n �d may enter into a;reements required i� connection therewith and may hold, use, and dispose.of suth monies or properry in accordan�e `�ti► the terms of the �ift, �rant, loan or aoreement relatina thereto. Secdon 8. Ic may contract or lease for space, macerials, services, and supplies with a - member pany or elsewhere. Contrac�s let and purchases made shall be in conformance with the requirements applicable to Anoka County. Section 9. It shall have the power t� enter into conuacts with other a�encies, companies, or individuals to provide services accordin� to che terms of su�h contracts. Section 1.0. Subject [o the limita.ti�ns contained in Minnesota Statutes 466.07, it shall defend and indemnify directors, officers, and employees a;ainst clairns for dama�es; costs and expense incurr�d by any of such persons in connecaon with any action, suit or proceedino in which such person may be in�olved by zeaSon of such person's havina be of a director, officer, or employee. Such defense and indemnificadon need not he exclusi ocher riohts to which any such person would otherwise be ent�ded as a matcer of law. -4- 12 0 Section 11. It may establish annual monetary contributions, and any supplemen�s chereto, fram the member governmental units in amounts to be determined by the Board from rime to dme. Any such proposed annual contributians shaI� be reported to the member ;overnmental uniu at least cwo months prior to che end of SACCC's fscal year and shall no� become effecuve unal rhe commencement of tl�e ensuin� fiscal year: Sectioa 12. It may budget for and purchase insurance a?ainst risks which may arise ou[ of the operation of this A;reement, includin� the ac�ions of the Boacd of Directors, its officers, directors, employees, and member parties. Sec[ion 13. It may exercise any other power necessary and incidental to the implementation of its powers and duaes under the provisions of this A;reement. A1tTICLE V. I4IEET .�i 1GS - ELECTiON A�.YD b�7ZES OF OFFICFR S Section 1. At the first meean; of the Board of Direccors of SACCC and a� the annuzl meeting of the Board each even-numbered year thereaher, the Board shall elect from ics members a chair and vice-ehair. New officers shatl talce office at•che adjournment of the annual meean� of the Board at which they are elected. Secti.on 2. A vacancy Shall immediacely occur in the ofhce of any officer upon resionation, death, or otherwise upon such offic�r c�sin; to be a represent�t�ve of a oovernmer,�aI unit. Upon vacancy occurcin; in any office, the Board shall fill such position at its ne�ct meetin�. Section 3. At the organzzarional meecing or as soon thereaf�er as may reasonably be done, the Boaxd shall determine i�s procedures, including the time, place, frequency and nocice of ics reoular meetings and the manner of callin� special meetings. -5- 13 � 0 � A.RTICLE � I. �� ITHDR� �� ?►L Secuon 1. Any member parcy may at any time oive written no�ic� oE withdrawal - from SACCC. A pa.rty withdrawing from membership at a ume when such wi�hdrawal does nat result in dissolution of [he organization shall for�eit irs claim to any aSSets of the organivarion, includin� any cantributions pursuant to Article IV, Section 11. ARTTCiE YII. DiSSOLU?TON Secdon 1. Ii�e organizadon shall be dissal�ed whenever (a) a�gre;ate withdrawals of membez parties represendng more than one-half of the area. populatio�n occurs, or (b) by a majoriry vote of all members of che Board. Section 2. Upon dissolurion the remainina assecs of �che oroanization, after paymenc of all obligadons, shall be discributed amono the then existin� member parcies in proportion to cheir contributions, as determined by the Boazd. If there have been no such contribuuons, , rhe assets of the organizadon shaJ.l be returned �o Anoka Caunry. ARTYCLE VIII_ T�RM 'I71e term of this Agreement shal] commence on January 1, 1997, and shall continue in full Eotce and effect until December 31, 1998, unless earliec terminated by the paRies pursuant to Ar�icle VII of [his agreemenc. This Agreement may be reoewed for addi�ional cerms of r�+o years each by �esolution oF all of che governing bodies of the parcies hereto, prior to �he expiration date of chis Agreement. ART'ICiE IX. �FFECTIVE UATE This Agreement shall become efiective upon its execution by the parties hereto. IN�Z�S yy�3�g,EpF, che undersianed parties have caused �hzs Agreement �o be executed on their behalf. � 14 � � CffY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 William W. Burns, City Manager ,��� � Captain Brian Weierke September 21, 2004 Renewal of Police Tow Contract I have reviewed our pending tow contract and have a recommendation for you to review for City Council approval. Our current contract with Shorty's Towing has been in effect since 1974. The City of Fridley usually spends about $1,000.00 per year with Shorty's but since the contract is out of date, I tested the market by accepting quotes from two other tow companies. We received the following three quotes from different tow companies listed below. $I10 'S Accidents $85.00 Non-Accidents $65.00 Flatbeds additional $25.00 Snowmobiles/Motorcycles $65.00 Police Vehicles Free Stora e Fees Inside storage = $30.00 per day Outside storage =$18.00 per day after 5 days $25.00 per day Citywide Services Private Tows $60.00 first 3 miles than $3.00 each mile Flatbeds additional $35.00 Dollies additional $35.00 Basic Impound Tow $65.00 Storage Fees Inside storage = $30.00 per day Outside storage = $20.00 per day Police Vehicles free "ti+� Auto Medics Service Regulax Tows $60.00 Dolly/Flatbed additional $20.00 Accidents with clean-up additional $20.00 Stora eg Fees Inside Storage $30.00 Outside Storage $20.00 Police Vehicles free After reviewin� the quotes I recommend we retain Shortv's Towin� for the followin� reasons• The prices are similar and competitive to other tow companies. We have a long history of satisfactory service with Shorty's. The response time Shorty's provides is very good. They are in close proximity with the City so it convenient for Fridley citizens to pick up their vehicles. Shorty's has an employee at their front desk 24 hrs. a day so the public may retrieve their vehicle at anytime. They have alLof the necessary equipment to tow heavy-duty equipment. Fridley has about 25-30 heavy tows a year. *Our City Attorney, Fritz Knaak, has reviewed and approved the new contract language. *** Staff recommends approval of renewing the police tow contract with Shorty's Towing 16 Contract for Towing, Storage and Impounding of Vehicles for The City of Fridley This agreement, made and entered into this day of 2004, by and between Shorty's Heavy Duty Wrecker Service, Inc., 1229 Osborne Road, Spring Lake Paxk Minnesota, 55432, hereinafter referred to as the Contractor and the City of Fridley, a municipal corporation with offices at 6431 University Avenue NE, Fridley, Minnesota, 55432, hereinafter referred to as the City. WI-�REAS, the Contractor has proposed to do towing and storage of police impounded vehicles and vehicles determined to be, and found to be, in violation of the Fridley City Code and the Minnesota State Statutes; AND WHEREAS, it is in the best interest of the City that the Contractor show responsibility to the City and the public and indicate the charges and rates for towing and storage of motor vehicles; AND WHEREAS, it is the intention of the City and the contractor that this agreement shall run for the period of year(s) from , to NOW, THEREFORE, IT IS MUTUALLY AGREED 1. That the Contractor will do towing, removal and storage of vehicles promptly upon the order of the Police Department of the City. 2. That the Contractor agrees to comply with administrative policies and procedures established by the Fridley Police Department with respect to record keeping and the control and release of impounded vehicles. 3. The Contractor shall maintain either indoor or outdoor storage for at least twenty-two (22) vehicles. It shall be the responsibility of the Contractor to provide additional outside storage if needed to meet storage volume requirements. The outside storage yard shall be screened in accordance with the policy established by the Fridley City Council and a11 storage shall conform to the Fridley City Code and Minnesota State Statutes. 4. The rate per day for inside storage sha11 be $30.00. The rate per day for outside storage sha11 be $18.00, and after 5 days, $25.00 per day. Towing rates shall be uniformly charged to all owners of vehicles. The rate for towing shall be as follows: Accidents $85.00 Non-accidents $65.00 Flatbeds $25.00 additional Snowmobiles/Motorcycles $65.00 Police Vehicles Free 17 Towing Contract Page 2 5. The Contractor will assume full responsibility for the collection of all fees involved with the towing, removal and storage of any vehicles. 6. The City shall not be liable, or responsible, for any towing or storage fees; or for any unpaid fee for storage or towing with the following exceptions: a. The City guarantees towing charges in accordance with contract rates for vehicles ordered towed for evidentiary purposes, by the Fridley Police to locations other than the Contractor's storage facilities. 7. The Contractor agrees to abide by applicable Minnesota Statutes and Fridley City Code in controlling and disposing of impounded vehicles. 8. The Contractor shall maintain at least two (2) wreckers available to the Fridley Police Department for emergency calls for a full twenty-four (24) hour service for the purpose of towing, removal or storage of vehicles. The Contractor sha11 also have available flatbeds and not less than two (2) tandem a�le wreckers. 9. The Contractor agrees to have an individual available on call from 8:00 a.m. to 9:00 p.m. (to Midnight in cases of emergency) daily to return vehicles impounded within one (1) hour after request by the owner. 10. The Contractor agrees to assume liability for the disappearance of any vehicle, or parts thereof, for which release was not secured in accordance with the Minnesota State Statutes, Fridley City Code or administrative release provision established by the Fridley Police Department. 11. The Contractor agrees to conduct all transactions with individuals whose vehicles have been towed in at the request of a City representative, in a polite, courteous, and businesslike manner and will inform the individua.l of towing charges, not to exceed towing charges specified in this contract, for towing in conjunction with City requests. The Contractor sha11 post in a prominent location in his place of business a list of charges as contained in this agreement. Upon request, the Contractor or his employees sha11 present a list of charges to individuals whose vehicles have been towed. 12. The Contractor agrees that the towing business will not be operated from a home or in a residential area. 13. The Contractor agrees and understands that he is allowed to park one (1) vehicle, not to exceed 11,000 pounds gross weight, in his driveway or garage or in the driveway or garage of an authorized employee in a residential area. 14. The Contractor shall carry liability, property damage and fire insurance which shall contain coverage in an amount not less than $100,000 to any one person and not less than $300,000 total in any one accident, and not less than $10,000 fire and property : Towing Contract Page 3 damage coverage, and which sha11 contain a clause providing for a ten (10) day notice to the City before cancellation, and sha11 file evidence of said coverage with the City Clerk in a form approved by the City Attorney. If the policy of insurance referred to in this Section is cancelled, the Contractor, before the date of expiration, shall furnish and file a similar new policy. Failure to file a new policy shall give the City the right to provide such insurance and surchazge the Contractor for the cost of such insurance or bond. 15. The acts otherwise prohibited by the terms of the contract shall be permitted if done at the written direction of the City Manager, or his designee where necessary, to . preserve evidence, transport the vehicle for sale, or alleviate a hazard to public safety. Nothing in this contract shall prevent or preclude authorized law enforcement officials from working on or investigating a vehicle in storage while performing their official duties. 16. The City hereby expressly disclaims any and all liability for damage to or loss of vehicles from date and time order is given to the Contractor by the Fridley Police Department for the impounding of any vehicle. 17. The Contractor further agrees that this contract shall remain in force for a period of twenty-four (24) months from the date of contract unless cancelled by either party giving written notice of cancellation thirty (30) calendar days in advance. 18. The Contractor agrees this contract shall remain in force for an indefinite period beyond the twenty-four (24) month period unless cancelled by either party by giving thirty (30) days written notice of such cancellation. AGREED TO THIS _ DAY OF , 2004. (SEAL) (SEAL) CONTRACTOR By: By: CITY OF FRIDLEY By: Mayor By: City Manager 19 � AGENDA ITEM �` COUNCIL MEETING OF SEPTEMBER 27, 2004 cm aF FRIDLEY CLAIMS 118278 -118546 Zo � � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 Type of License FOOD ESTABLISHMENT Applebee's 6522 University Av. NE Fridley, MN 55432 INTOXICATING LIQUOR Applebee's 6522 University Av. NE Fridley, MN 55432 LICENSES : Rebecca Tiiden Rebecca Tilden CHIRSTMAS TREE SALES Bachman's, Inc. Susan West 8200 University Av. NE Fridley, MN 55432 AUCTION Gordon Brothers Retail Partners Barton Hyte 5237 Central Av. NE Fridley, MN 55421 MASSEUSE CERTIFICATE Kathryn Arel Paisley's Brew 7891 East River Rd. Fridley, MN 55432 POLITICAL SIGN PERMITS Connie Bernardy � 21 Auproved By: Comm Dev Director Public Safety Director Fire Inspector Comm Dev Director Public Safety Director Fire Inspector Comm Dev Director Public Safety Director Fire Inspector Public Safety Director Public Safety Director f�1_1 AGENDAITEM City Council Meeting Of Monday, September 27, 2004 City of Fridley Excavatinq Ingram Excavating Inc 18900 Pioneer Trail Eden Prairie MN 55347- Gas Services G 8� H Heating � Air 1101 2 St NW New Brighton MN 55112- Twin City Mechanical 2141 108 Lane Blaine MN 55449- � Todd Ingram Michael Gormley Bruce Wilkenson General Contractor-Commercial Fridley Roofing 13670 Gamet St NW Todd Belrose Ramsey MN 55303- FWA Construction Inc 38033 Lincoln Trail Fred Ahems North Branch MN 55056- General Contractor-Residential Champion Window Co (20449672) 7155 West Commerce Cir NE Todd Trabant Fridley Mn 55432- Construx Builders Remodelers (20453544) PO Box 49243 Peter Karwoski Blaine MN 55449- 22 Approved By: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of M N State of MN . . . � � MJ Construction (20233970) 8071 Ranchers Rd � Fridley MN 55432- Shingle Creek Construction (20030639) 8108 415 Street Harris MN 55032- Skyway Quality Homes Inc (3005) 8025 Garfield St NE Spring Lake Park MN 55432- Heatinq G & H Heating & Air 1101 2 St NW New Brighton MN 55112- Plumbinq • Nygard Plumbing 7435 Hwy 65 NE . Fridley MN 55432- Siqn Erector Fromms Signs Inc 8300 W 35 W Service Dr NE Blaine MN 55449- . � Jeff Wald Jaun Luna Rob Shimanski Michael Gormley Nils Nygards Corey Fromm ��� Approved By: State of M N State of MN State of MN Ron Julkowski Building Official State of M N Ron Julkowski Building Officiaf � � �� ��� TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 William W. Bums, City Manager �� � Jon ti. a�� Public Works Director Layne Otteson, Assistant Pubiic Works Director � September 22, 2004 ' � /.. SUBJECT: Public Fiearing: I`leighborhood Street Improvement Project ST. 2005 - 1 Two neighborhood meetings were held Sept 14-15, 2004 at the Municipal Center. 71 residents representing 55 properties were in attendance. Council person Ann Bolkcom was also in attendance at both evenings. The attending properly owners appear favorable to the project as it continues to move forward. Staff gave a presentation regarding location of work, description of the work, and asse.ssment information. After the presentation, staff fielded questions from the audience for about 30 minutes. At the conclusion of the question and answer session, staff was able to discuss issues with residents one on one. This project will be similar to the previous sireet project except that it is considerably larger. This project will encompass approximately 3.8 miles in length and assess approximately 350 property owners. The construction costs will be approximately �2.2 million. The project is generally located in the northwest portion of Fridley. The City selected SEtI, Inc. to design, survey, and inspect the project The construction plans are still in a pretiminary design stage as issues such as right-�oFway, landscaping, street alignment, drainage, and assessments are being worked through. Assessments for this project are proposed at a not-to-exceed cost of �17.50 per front lineal foot City staff is working closely with the consultant during design to ensure another successful project this coming summer. City staff has also been in direct contact with residents regarding questions and concems. City staff has met with numerous property owners to work through various issues as they arise. The public hearing for the 2005 I`{eighborhood Street Improvement Project I`lo. ST. 2005 - 1 was set for September 27, 2004 by the City Council at their August 23, 200� meeting. Jlitt/LO:cz 24 . � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 Date: September 21, 2004 1��� To: William Burns, City Manager,�t'� � From: Subject: Scott Hickok, Community Development Director Stacy Stromberg, Planner Special Use Permit Review, SP #03-07, RJ Ryan Construction Co., Inc. M-04-117 INTRODUCTION As you will recall, RJ Ryan Construction Company, was granted a special use permit on May 19, 2003, to allow a rock crushing facility in an M-3, Heavy Industrial, Outdoor Intensive zoning district, to be located at 8170 Hickory Street. The petitioner is asking for a temporary reprieve from stipulations #8 and #10, related to drive aisle paving, concrete curbing, and a permanently installed water meter. On August 12, 2004, City staff met with Frank Frattalone and Mark Hanson of Frattalone Companies, regarding the rock crushing operation at 8170 Hickory Street. At the meeting, Mr. Frattalone, made us aware that in order for this site to be viable operation, they need to process 100,000 tons of concrete and asphalt materials per year in addition to screening and processing black dirt daily. As of the date of our meeting, they have only stockpiled approximately 20,000 tons of material for their crushing operation. Mr. Frattalone stated that they would like to give this site an additional year to see if they can reach their goal of 100,000 tons. In the event that they cannot reach their goal, they would need to close this recycling facility. With these facts known, Mr. Frattalone is requesting that some of the stipulations related to paving and curbing, and the installation of a building with a permanently installed water meter be delayed until which time they can make this site feasible. Mr. Frattalone has committed to putting $18,125.00 in an escrow account or doing a letter of credit to ensure that the paving, curbing and water meter installation would take place, once they were able to make this site operational. As a temporary measure water will be metered and drawn from a fire hydrant. 25 What benefit does granting this have to the City? As you will recall this special use permit request was very controversial. If the rock crushing operation fails in this location, the rock crushing use may go away, thus providing additional development opportunities in the M-3, Heavy Industrial zoning district. On the other hand, if the added investment is made in the improvements as outlined in stipulations #8 and #10, the trial period for using this site to crush would likely be extended in order to make use of the additional investments they've made in the site. STAFF RECOMMENDATION City staff supports the petitioner's request, and suggests that the City Council give the petitioner one year for the improvements set forth in stipulations #8 and #10, so the developer can ensure viability of the site. STIPULATIONS 1. Hours and days of the rock crushing operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 2. Crushing shall occur 72 days a year, with not more than 36 days being during the months of May through September. 3. Each year, the petitioner shall provide the City with a tentative calendar in which the weeks of crushing will occur; a one-week notification is required to modify the calendar. 4. The maximum height of all stockpiles shall not exceed 15 feet. 5. The final landscape and screening plan shall meet code requirements and be reviewed and approved by City staff prior to issuance of a building permit. 6. An 8 foot screening fence shall be installed on the west, north and east perimeters of the site and shall be properly maintained. 7. A storm pond maintenance agreement shall be filed with the City prior to commencement of operation. 8. Drive aisle to be paved and concrete curbing installed as indicated on site plan. 9. Crushing of limestone shall be prohibited. 10. Water service and use shall be through a permanently installed water meter. 11. The petitioner shall obtain a NPDES industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency prior to commencement of operation. 12. All State and City regulations shall be met for noise, dust and air quality. 13. Noise level shall not exceed 80 decibels at the property line. 14. Truck traffic shall be routed on 81St Avenue to and from University Avenue. 15. Site to be watered as needed to keep dust down. 16. All loads to be watered when leaving the site and streets to be cleaned daily if necessary. 17. Special use permit shall be reviewed in one year to ensure compatibility. 26 FRATTALONE C OMPANIE S au�st i s, Zoo4 Ms. Stacy Stromberg CITY OF FRIDLEY 6431 University Avenue NE Fridley, MN 55432 Dear Stacy: Per our conversation on August 12�', I would like to restate the changes we would like to see regarding our recycling facility in Fridley. We are asking for some pernut variances for the following reasons: In order for this to be a viable operation, we need to process approximately 100,000 tons of concrete and asphalt materials per year in addition to screening and processing black dirt daily. 2. To date, after over a year of operation, we have only stockpiled approximately 20,000 tons of material for our crushing operation — faz short of what it takes to make this operation profita.ble. We would like to continue our efforts for another year to see if we can reach our goal of 100,000 tons. In the event that we cannot achieve that operational objective, we will close this recycling facility. In light of the above, we would like to forego the installation of the balance of the curb, and not be required to install the water service line to the scale building. Additionally, we would like to discuss a variance regarding the height of the stockpile. I look forward to meeting with you to explore these issues further. Sincerely, FRATTALONE COMPANIES, INC. Frank M. Frattalone CEO 27 � �` AGEIVDA ITEM ��F CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 FRIDLEY INFORMAL STATUS REPORTS :