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01/08/2007 - 6120. . .� _ � . . _ _ . � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 7:30 p.m. - City Council Chambers Attendance Sheet A[FASF AR/NT NAMF, ADDRFSS ANU /i'FM NUMBFR YIJU ARF /NTSRFSTFfl /N. Pririt Name (Clearly) • Address Item No, ,_. :. ��°µ-� , 1 - � � � = �-. , � �� - ; v �.�'1� L ,�ia W�-� � .��-t� �'► ,,- . � � {;tvr �� .�� '' ��.� � ! � � � ��,,�.�1� Ci � l� ' � Q,'� '3 � �`(� �' ►�etir ��-'� �� - e� M �� 2 1l, l�.(,0 1� r. � ' iis � � /�l � i��.. � �, � � ,�� . . _ . ,b FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 �, Z� a. � '� CffY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. OATH OF OFFICE: Councilmember, Ward 1: James T, Saefke Councilmember, Ward 2: Dolores M. Varichak Councilmember, Ward 3: Ann R. Bolkcom APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): �,O tl � 'I 5. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota ............................................. 16 - 21 STATE LEGISLATIVE UPDATE. �7I�� 2�✓� APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 4, 2006. City Council Meeting of December 11, 2006. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of December 6, 2006 ............... 1- 6 Zoo1- v I 2. Resolution Designating Official Depositories for the City of Fridley ............................. 7- 9 �dU1 ` � 2 3. Resolution Designating an Official Newspaper for the Year 2007 ............... 10 - 11 z�v-�-�� 4. Resolution Establishing Procedures Relating Compliance with Reimbursement Bond Regulations under the Internal Revenue Code...................................................... 12 - 15 �00�'°5 6. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use .............................................. 22 - 24 ��r�� 7. Resolution Ordering Advertisement for Bids: 2007 Miscellaneous Concrete Repair Project No. 370 ................................................. 25 - 26 ap01-D� 8. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary Sewer Lining Project No. 371 . 27 - 28 9. Approve Consulting Services Agreement between the City of Fridley and 3M Company for GIS Services .................................... 29 - 39 10. Approve 2007 City Council and Staff Appointments ........................................ 40 11. Appointment - City Employee 12. Claims 13. Licenses 41 42 43 - 44 , , FRIDL ADOPTION OF AGENDA. � I �V � OFJANUARY OPEN FORUM (VISITORS): Consideration of items not on Agenda —15 Minutes ;�. -2;�'L. �'��. Z 7 �+� : i PUBLIC HEARING: `� � ��/�� S'i�"' � 14. Consider the Building Located at 136 Horizon Circle Hazardous and Order its Removal or Repair Pursuant to Minnesota Statutes, Section 463 (Ward 3) (Continued December 11, 2007) ................................... 45 - 49 �'-n�.u�- ¢`' ��a c,�° 7 iL;�'- � � �'/ v�- �i� s f-�- NEW BUSINESS: � _, . PAG E 2 �'/ �`✓� � � �/��%��:�- -�J�� C�, �� ,p. `� �" _ �'% �/ `�, �_� K i� Q -� G � ' _ � �� ti.t�o-Q `'° `�", (� "�. ` � .� = y'`� � 15. Approve City Licenses for JWBB, Inc., d/b/a Baggan's � Pub, Generally Located at 3720 East River Road ��y�'�° L' ��`� (Ward 3) J ........................� ..... 50 ,y �/ �-� /f( S, �— � �, S f�ns �-�. n� � ,� _� v�r c ��-�-� r c � �,,� � 16. Special Use Permit Request, SP #06-14, by ),� ✓( Q r, �-� =� � BWBR Architects, for Unity Hospital, to Consider � �,�. S�+ ?� h� �-��' (� c the Expansion of an Existing Hospital Building � 2�` S�`� �� _, � J � I o L,, �.}�- a S � G2 z, -t d in an R-1, Single-Family Residential Zoning District, '` ,�.�ti �.l ��c��-- Generally Located at 550 Osborne Road N.E. � � � � ( �' � "L"� "" �-' �`� `'"'� `' (1Nard 1) ................................... 51 - 57 ' ... .. . _ . . ' � ` �'l ✓ 1 � t' l .Vii'?„�,�Yl��) �_.v�' �S � w ( �j l-�`�. L�. �n � . S (�, - % } � � � 1 �� .��,��ivt.� � � , 17. Informal Status Reports .....:.................. 58 -�'� s� ADJOURN. � � ��. /� � " . � ( � ii✓�2 C�-.n � � �'t � � CITY COUNCIL MEETING OF JANUARY 8, 2007 CffY OF FRIDLEI' 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. OATH OF OFFICE: Councilmember, Ward 1: James T. Saefke Councilmember, Ward 2: Dolores M. Varichak Councilmember, Ward 3: Ann R. Bolkcom STATE LEGISLATIVE UPDATE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 4, 2006. City Council Meeting of December 11, 2006. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 2 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of December 6, 2006 ........................................................................ 1- 6 2. Resolution Designating Official Depositories for the City of Fridley ...................................................................................... 7- 9 3. Resolution Designating an Official Newspaper for the Year 2007 ........................................................................ 10 - 11 4. Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations under the Internal Revenue Code .............................................. 12 - 15 5. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota ........................................................ 16 - 21 6. Resolution Requesting Municipal State Aid System Construction Funds for Other LocalUse ....................................................................................................... 22 - 24 7. Resolution Ordering Advertisement for Bids: 2007 Miscellaneous Concrete Repair Project No. 370 .......................................................................................................... 25 - 26 8. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary Sewer Lining Project No. 371 .......................................................... 27 - 28 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Approve Consulting Services Agreement between the City of Fridley and 3M Company forGIS Services .............................................................................................. 29 - 39 10. Approve 2007 City Council and Staff Appointments.................................................................................................. 40 11. Appointment - City Employee ......................................................................... 41 12. Claims ............................................................................................................. 42 13. Licenses .......................................................................................................... 43 - 44 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 14. Consider the Building Located at 136 Horizon Circle Hazardous and Order its Removal or Repair Pursuant to Minnesota Statutes, Section 463 (Ward 3) (Continued December 11, 2007) ....................................................................................................... 45 - 49 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 4 NEW BUSINESS: 15. Approve City Licenses for JWBB, Inc., d/b/a Baggan's Pub, Generally Located at 3720 East River Road (Ward 3) ....................................................................................................... 50 16. Special Use Permit Request, SP #06-14, by BWBR Architects, for Unity Hospital, to Consider the Expansion of an Existing Hospital Building in an R-1, Single-Family Residential Zoning District, Generally Located at 550 Osborne Road N. E. (Ward 1) ....................................................................................................... 51 - 57 17. Informal Status Reports ..................................................................................... 58 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY DECEMBER 4, 2006 The City Council meeting for the City of Fridley 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 MEMBERS ABSENT: Councilmember Bolkcom (Due to family emergency illness.) OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Richard D. Pribyl, Finance Director/Treasurer Jon Haukaas, Public Works Director John Berg Fire Chief Jim Saefke, Councilmember Elect Dolores Varichak, Councilmember Elect APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 13, 2006 APPROVED. City Council Meeting of November 20, 2006 APPROVED. NEW BUSINESS: Receive the Minutes from the Planning Commission Meeting of November 15, 2006. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 2 RECEIVED. 2. Extension of Special Use Permit, SP #05-03, and Variance, VAR #05-14, for the Expansion of Woodcrest Baptist Church, Generally Located at 6875 University Avenue N.E. (Ward 1). William Burns, City Manager, stated the special use permit and variance were approved last year and were due to expire on November 7, 2006. The Church's contractor is requesting a one- year extension of the two items on behalf of the Woodcrest Baptist Church, The special use permit and variance will permit Woodcrest to construct a 14,162 square foot addition onto the northwest end of the existing building. It will include a new entrance and glassed-in fa�ade that faces the parking lot. The expansion will accommodate a main floor sanctuary, a balcony, and a lower-level classroom. Staff recommends Council's approval. APPROVED. 3. Resolution to Vacate a Portion of Madison Street, Generally Located North of Rice Creek Terrace and Terminating at Rice Creek Park, in Order to Vacate a No Longer Needed Right-of-Way (Ward 1). William Burns, City Manager, stated the vacated property is not needed for Madison Street and is needed for driveways at 617 and 625 Rice Creek Terrace. The Planning Commission held a public hearing on the vacation at their November 15 meeting and approved the vacation. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-85. 4. Resolution Authorizing an Agreement for the Replacement of the Traffic Control System on University Avenue (TH 47) and 81st Avenue N.E. (Ward 3). William Burns, City Manager, stated the resolution defines the scope of the work and the distribution of costs. Fridley's share is $60,318 and will be paid from the City's MSAS account. The use of this funding will not affect local street reconstruction or maintenance projects. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-86. 5. Resolution Authorizing an Agreement for the Installation of a Trail Crossing Over the BNSF Railroad Tracks Along 85t'' Avenue N.E. (Ward 3). William Burns, City Manager, stated the agreement with BNSF will allow the 2007 construction of the 85th Avenue bikeway. The City is funding the bikeway by using a federal transportation grant to cover 80 percent of the cost. We will use state money to cover the $18,149 local match. The total cost of the crossing is $90,744 and will cover the relocation of signal components and other costs for building the crossing. Staff is recommending Council's approval this agreement. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 3 ADOPTED RESOLUTION NO. 2006-87. 6. Claims (129401-129683). APPROVED. 7. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 8. Estimates. APPROVED THE FOLLOWING ESTIMATES: Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 73 '/z Avenue Street Improvement Proj ect No. ST. 2005 - 3 FINAL ESTIMATE ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $ 4,685.72 Concrete Idea 13961 — 44th Lane N.E. St. Michael, MN 55376 Miscellaneous Concrete ProjectNo. 365 FINAL ESTIMATE ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....... $ 4,208.87 Greystone Construction Company 500 S. Marschall Road, Suite 300 Shakopee, MN 55379 Salt and Sand Storage Building Project #369 FINAL ESTIMATE — Invoice No. 6480 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,481.05 Greystone Construction Company 500 S. Marschall Road, Suite 300 Shakopee, MN 55379 Salt and Sand Storage Building Project #369 Invoice No. 6478 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... $61,408.00 MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Billings. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Barnette to approve the agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): No items presented. PUBLIC HEARINGS: 9. Consideration of the 2007 City of Fridley Budget. MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:38 P.M. William Burns, City Manager, stated the budgeting process is a yearlong process. It begins in March of each year with departmental budgeting and progresses to the City Manager's review and from there to Council review usually in June and in October. It involves a lot of people. The department managers are very responsible in their budgeting habits. The City does not get a lot of requests for things that are not really needed, and most of what the City eventually funds is a continuation of existing services. He thinks it is important as they look at the budget for any year to pay attention to the State legislative context in which the budgeting occurs. What the legislature does has a lot to do with City's operation. Dr. Burns stated in 2006, there were some good and bad things at the legislative level. From his perspective as city manager he thinks it was good they did not get levy limits and that wine was not allowed in grocery stores. It was good that $60 million was approved for the Northstar project. There were some bad things. From his perspective they got some very restrictive legislation regarding the use of eminent domain which will adversely impact the City's ability to do redevelopment projects. There were some other things he would call "mixed blessings." The City got some relief on tort liability as it relates to j oint powers agreements. On the other hand, the tort liability limits were raised beginning in 2008 and then again in 2009. So our municipal liability has been increased although the joint powers agreement liability has been decreased. The State legislature approved about $82 million in expenditures for the "Clean Water Legacy Act." Most of the money for the Clean Water Legacy Act projects goes to greater Minnesota; FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 5 and it also absorbs general fund money that could be used for funding our schools and our cities in general. So it competes with other general funding sources. Dr. Burns stated for 2007, he has been told we will have levy limits. Property taxes were one of the big issues in the 2006 election campaign. There seems to be some dedication now towards restoring levy limits in 2007. There is a good chance the legislature will do that. There is more money. In fact $80 million has been requested for expansion of the Clean Water Legacy project. Some of that will come to the metro area, but the vast majority of that will go out-state. With the general fund budget surplus that has been announced, the opportunity for revising the local government A-Formula is much brighter than what it was in the past. Any time you start changing the formula, which he feels is very unfair for the first-ring suburbs in the metropolitan area, there are winners and losers. He thinks we will have a better chance at revising that local government aid formula which helps with property taxes. Without local government aid, any gap in general funds will need to be filled locally or else programs will need to be disbanded. So it is good for us to get local government aid. Dr. Burns stated the wine in the grocery stores issue is back. He understands it is not likely to pass this year, but SuperValu is pushing very hard to get that to happen. If it happens, it will be damaging to Fridley's municipal liquor business, in that it will set up a new competitor for the sale of wine. We will also see some legislation in the tax increment financing area. There will probably be some reduction of restrictions on pooling of money from different tax increment districts. The Northstar commuter rail organization will be pushing for some sales tax relief, and they will also be pushing for some investment money. His understanding from talking to the metropolitan cities' representative is they will have a very tough road in getting that money for the Northstar project. A lot of it has to do with how the transit portion of the money is split up between the metropolitan area and the greater Minnesota area and then, if a portion does go to the greater Minnesota area, how will greater Minnesota view the Northstar proj ect. They may not view it favorably. Dr. Burns stated there is also a big push for improving highways in Minnesota, both in the metropolitan area and in the greater Minnesota area. It is likely we will see some funding proposals either through things like a metropolitan area sales tax or through a gasoline tax increase to provide more money for highway construction. Dr. Burns said staff had two budget work sessions—one in June and one in October. They began that process several years ago, and it works well. The June session allows staff to get an early jump on the budget, and the October session allows them to address items that they have more information on. Health insurance costs are one of those items. One of the major issues in this year's budget work sessions was employee health insurance. The City has been paying 80 percent of the premium cost for health insurance. That number was reduced to 70 percent for both family and single policies. It was well over $50,000 in savings as a result of that move. Another issue was whether we should fund Alexandra House which operates a battered women's shelter. They also have a domestic abuse advocate who has been operating under the Fridley Police Department. The question was do we want to spend $42,700 to continue the funding of the domestic abuse advocate; and it was decided that they should do that. That amount is about $7,000 more than they budgeted for this year. They also budgeted about $6,500 for a code FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 6 enforcement intern. They talked about additional security cameras and other security devices for the Municipal Center and they talked about improvements to the Innsbruck Nature Center. Dr. Burns stated the bulk of their time in the work sessions was talking about general fund and utility fund imbalances. The City has a great imbalance in both areas between the revenues that it is collecting from taxpayers and utility rate payers and the money the City is expending. He said the City is spending $17,852,706. That is almost $SOI,OOO less than what the City budgeted for this year. The general fund expenditure is about 4 percent more or about $528,000. The City is seeing about $720,000 less budgeted for capital improvements and $302,000 less budgeted for the various special revenue funds. Dr. Burns stated with respect to the general fund, this is the fund that funds the police, fire, public works, administrative services, City Council, City Attorney, and most of the day-to-day operations of the City. The overall budget is up by $528,000 or 4 percent; and the vast majority of that money comes in the personal services area. The increase is $474,357 or 5 percent in personal services cost. There is some reduction in capital outlay costs and some additional increase for supplies and other services and charges. From the personnel side, the $478,000 includes the 3 percent COLA for city employees, costing $197,000. There are mandated costs for PERA of $63,000 and additional health insurance costs of $21,302. Had the City not increased the cost of the premiums for employees, that number would have been up over $80,000. The temporary employee costs are up by $128,523. One of the reasons for that is the City had a full-time employee who became part-time in the Community Development Department. The City replaced that full-time employee with two part-time employees. The City also had another person budgeted as a full-time employee in the rental inspection program reduced to a part-time employee. Regarding mandated workers' compensation, costs are up by almost $42,000; and market rate adjustments for a number of positions throughout the City will cost $80,000. Dr. Burns stated the big item in supplies is vehicle fuel. The City will be spending almost $29,000 more on fuel, and that may not be enough. In other services and charges, energy costs are up so utility costs are up by almost $45,000. The Alexandra House contribution raises that part of the budget by $7,561. Dr. Burns stated under capital outlay, the City has reduced expenditures for equipment by $47,590. What is left is $105,860 for four police squads; $95,000 for replacement of street maintenance equipment; $45,000 for replacement of parks maintenance equipment; and $80,000 for the purchase of an additional fire rescue truck. Dr. Burns stated on the revenue side, the revenues for the general fund include $940,000 in transfers from other funds and $676,000 from the general fund reserve. Altogether, the City has over $1.6 million in the use of either transfers or general fund reserves the City is using to balance the general fund budget. Dr. Burns said the special revenue funds category includes the cable television fund, the grant management fund, the solid waste abatement fund, police activity fund, and Springbrook Nature Center fund. They are special revenue funds because they must be accounted for separately from FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 7 the general fund. The cable television fund is funded through the franchise fees the City gets from the cable company. The expenditure there is down because this year the City replaced a lot of the analog cable equipment with digital cable equipment. The City does have a few purchases in next year's budget but not nearly as much capital outlay as it had this year. Grant management is about the same. This covers Section 8 and the Chores and More Program at the Senior Center. The solid waste abatement program is up by 37 percent. Most of the $122,000 there is represented by what is called a"revenue sharing program." The City has a deal with the recycling hauler, BFI, in which BFI shares the revenue for selling the recycled products. The City gets more than $100,000 a year from BFI to use for special recycling days. A big part of that increase is for those revenue sharing programs and for additional drop-off days. Dr. Burns said the police activity fund had $2.5 million in it. The City has been spending it down year by year. This year the City is spending the remaining $190,000 of that money (which was actually a one-time turn back on pensions from the State of Minnesota). So after this year the City will be out of police activity fund money and will be replacing that with transfers from other funds in order to balance the budget. The Springbrook Nature Center fund is up by $25,706; almost all of that has to do with either cost of living adjustments or market rate adjustments for three full-time staff inembers who work at the nature center. Altogether the special revenue funds are projected to spend $302,000 less than what the City is spending this year. Dr. Burns stated regarding the capital improvement funds, the City has three capital improvement categories: "general" which usually includes buildings but it also sometimes includes fire department trucks, streets, and parks. The City's general capital improvements this year will be funded at the level of $75,000. Streets are down somewhat from last year, $2,590,000; and parks at $197,000. The City is spending $727,000 less mostly because the expenditure for streets capital improvements is considerably down from what it was. Dr. Burns stated under the general capital improvements category, the City will be doing some security system improvements. The card readers are being replaced in the building. The City is also installing some cameras in the temporary holding cells and interview rooms in the Police Department. There is a new vehicle hoist recommended to be purchased for the City garage and some sprinkler system improvements underneath the Municipal Center. The amount of $2,350,000 is budgeted for street reconstruction. Regarding parks, the City is doing court overlays, replacing the Commons Park hockey rink, doing a few improvements to the Innsbruck trail at a cost of $15,000, and expanding the Fridley Community Center parking lot at a cost of $30,000. The City also has a$75,000 project at Community Park which is Phase II of the park soil replacement and irrigation program. There has been a problem with drainage on the six ball diamonds. The City is taking out dirt and replacing some of the hard clay that has been in there with more acceptable soils and replacing the irrigation systems over a three-year period of time. This is the second year of that program. Dr. Burns stated there is another category of funds not officially part of the budget but nevertheless are budgeted. They are the enterprise funds which are supposed to be operating like a business. The amount of $12,498,000 has been budgeted for the four enterprise funds: water, sewer, storm water, and municipal liquor. About half of it goes to liquor and the rest goes to the FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 8 three utilities. The water fund is down, and the sewer fund is up by $270,000. Most of the increase in the enterprise funds is accounted for by the sewer fund, and almost all of the sewer fund increase is accounted for by the NCES wastewater treatment charge that is passed down to the City over which it has no control. Dr. Burns stated there are some debt service programs in the budget which includes $417,000 for water system improvements; $101,000 for storm sewer projects; and $314,523 for street improvements. Dr. Burns stated regarding the tax impact of the 2007 budget, the total tax levy is $9,200,426 or 5.1 percent more in total levies for 2006. The levy includes $243,432 which is allowed by the City Charter for the general fund. This part of the levy has been increased by 2.8 percent which is the amount allowed by the Charter. It also includes $7,900 allowed by the City Charter at the rate of 2.8 percent as an increase in the Springbrook Nature Center levy and, finally, it includes $198,036 for debt retirement and street improvement bonds which is not limited by the Charter. These levies, along with changes, and property valuation will result in a$1 reduction in the City's portion of the property tax bill as it applies to the average valued home of $216,500. Dr. Burns stated the total property taxes will increase or decrease, depending on which school district you live in. They will increase by $115 in Spring Lake Park School District and decrease by $110 in the Columbia Heights School District, increase by $1 in the Fridley School District and decrease by $64 in the Anoka-Hennepin School District. Dr. Burns said regarding the financial health of the City, one measure of that is what we are doing to our fund balances. The City is pulling down the balances at a pretty good rate. By the end of 2007, it will have moved from $17.8 to $16.8 million. During that whole period, the City has seen expenditures exceed revenue by anywhere from $1.3 million to well over $2 million. The 2007 deficit is $1.6 million. The only reason it has held at $1.6 million is that at the end of July the City received news from the State that we would be getting $382,000 in unexpected local government aid from the State of Minnesota. If the City had not received the local government aid, the deficit would be up around $2 million. Dr. Burns stated as the City has lost local government aid, the emphasis on property taxes has increased. In 2003 when it still had some aid, 43.3 percent of revenue came from property taxes. In 2006 the City will see 62.2 percent come from property taxes, and next year 61.8 percent. The City has become much more dependent on property taxes as the State takes its aid away. In constant dollar terms, the City is spending about the same amount of money as it did over 10 years ago. Dr. Burns said for a second year in a row, new construction is down considerably. Last year, it was down by 10 percent. This year, it is down by 19.3 percent. Unemployment is going up in Fridley. It went from 3.9 percent to 4.2 percent. He believes that is consistent with the current national average. These figures are the average for the first nine months of 2006. The City is seeing continued loss of jobs. Over the last five years, something like 3,000 jobs have been lost in Fridley. They are pretty much evenly divided among manufacturing, retail, and service sector jobs. Over 10 percent of the jobs that the City had five years ago have been lost. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 9 Dr. Burns stated property values are also up by 6.4 percent although residential values are only up by 5.1 percent. That is quite a change from what we were experiencing over the previous couple of years where we were seeing double digit single-family residential appreciation. The values of non-homestead units (3 units or less) have gone up by 40 percent. The tax assessor stated the City had 103 single-family residential properties in 2006 that were converted from homestead properties or owner-occupied property to rental properties. Dr. Burns said crime rates are about the same. The City had 3,836 Part I and Part II crimes during the first nine months of 2006. That is pretty close to what was reported last year and the five-year average for the rate of crime in Fridley. Dr. Burns stated regarding public assistance, the number of families benefiting by cash assistance (welfare checks and food stamps provided by the County) is up by 10.2 percent, and students receiving free or reduced meals in District 14 schools is up by 14.9 percent. They are quick to point out that a sizable share of that 14.9 percent has to do with the all-day kindergarten they have now. Dr. Burns stated in conclusion, the 2007 budget provides for continuation of existing service levels. There is nothing new. At the same time, it also provides for continued imbalance between revenues and expenditures for both the general fund and the utility funds, and that is a concern. As projected in his budget message, the City probably has between 5 and 7 years before it is totally out of money; and it cannot wait that long to do something. One of the things the City really needs to do, and has been working very hard on, is to seek a fair portion of LGA funding from the State of Minnesota. The current LGA formula needs to be changed. The City also needs to seek additional support from the Fridley voters in the form of utility rate increases that cover the cost of the City's utility operation. Without new infusions of local government aid, the City will soon come to a fork in the road whereby it must choose between higher property taxes if you want to keep the same level of services. He thinks the City has cut as much as it can from its services. Unless the utility imbalance is dealt with, it is facing deterioration of its water, sewer, and storm water systems. Dr. Burns stated the City is already at the point where it cannot issue revenue bonds to pay for the improvements to the systems because the City is not generating revenue. So ultimately, the systems will deteriorate. The City will not have money to repaint tanks, refurbish the insides of tanks, redevelop wells, take care of sewage lift stations, or take care of the other huge amount of public infrastructure the City has to support its water and sewer system. When that happens, those things will go downhill, and they will threaten the public health and safety of the people of Fridley. It is a lot easier to do preventive maintenance on the utility system than it is to let it wear down and have to totally replace it. This is the same for other services. Dr. Burns said he believed the City does have good teamwork It has a City Council that does look at staff's proposals and at the same time works with staff as a team and vice versa. Comparing Fridley's cost of taxes and services to other cities, he thinks people will quickly see, as shown in the past, its taxes and rates are very low. The City looks forward to working with its residents to find continued support for these services. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 10 MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:18 P.M. 10. Consideration of an Intoxicating Liquor License for Baggan's Pub, 3720 East River Road N.E. (Ward 3) (Continued November 13, 2006). MOTION by Councilmember Billings to reopen the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING REOPENED AT 8:18 P.M. Richard Pribyl, Finance Director, said the business will operate as a restaurant on the one side and as the Oops Theater and Banquet Center on the other side. The original public hearing was conducted on November 13 and continued until this evening based on a couple of concerns identified at that meeting. The first concern was related to a number of significant deficiencies regarding the building that were identified by the Anoka County Health Department and also members of the City of Fridley Inspection Division. Also, during the meeting, Councilmember Billings identified an issue that staff felt was worth considering again which related to the proposed business operation and its relationship to the City ordinance regarding the food-to- liquor ratio, and also the definition of a restaurant and the percentage of sales that relate to that 40 percent in the definition of a restaurant. They have heard recently from the Anoka County Health Department and are very pleased with Mr. Bisek's progress and feel he should be on target to complete the work by the end of December. The City's inspection division is also satisfied with his progress. Mr. Pribyl stated as of this evening staff has not received a business plan from Mr. Bisek or his attorney, and he understands a lease arrangement has yet to be executed with the Oops Theater. They are aware that the City Attorney and Mr. Bisek's attorney have been in contact, and this business-related information is in the progress of being defined. Staff is concerned about their business plan and how it will coincide with the City's liquor ordinance. The action staff is recommending tonight is due to the 60-day rule (today is the 60th day the City has been in receipt of the license request from Mr. Bisek) and because staff is still in need of the business plan or at least the financial plan to fully evaluate the request, staff is recommending Council authorize an additional 60-day extension to review and consider the intoxicating liquor license Mr. Bisek has requested. Staff is recommending this public hearing be continued to December 11, 2006, in the hopes of evaluating the business plan related to the overall sales of food and liquor on the premises. Mayor Lund asked since this is the 60th day of the 60-day rule, is Ms. Bisek going to be requesting an e�ension. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 11 Mr. Bisek replied, yes. He stated he has a pro forma that has already been compiled that he can bring in tomorrow for the City. There has been quite a bit of conversation today with his attorney and a little bit with the City Attorney. They understand pretty much now how the City would like to see the contract drawn up between himself and Oops Theater. They should be able to have that to the City by the middle of the week, Thursday the latest. They should be able to have everything in the City's hands by December 11. Councilmember Billings stated there are a couple of issues. There is the 60-day rule where if Council does not act within 60 days, the action becomes automatic and in this case the liquor license would be issued. One of three things can happen tonight. Mr. Bisek can ask for an additional 60 days for Council to consider this, the Council can ask for an additional 60 days, or they can make a motion tonight to deny the liquor license. Mr. Bisek requested the additional 60-day extension so they can maneuver through the contracts and keep the City satisfied. Councilmember Billings said Mr. Bisek indicated that he and his attorney had something done or something real close to being done. He asked when Mr. Bisek thought he could get it to City staff. He thought Mr. Bisek was hoping for a January 1 opening. Mr. Bisek replied it would be ideal if they could get everything accomplished in time to open by January 1. He said he would work on the documents right away and would more than likely have them to City staff by Thursday at the latest. Councilmember Billings asked if he could have them to staff by Wednesday. This would allow the City Attorney to review them and would allow Mr. Bisek time to make any changes. He said he thought there was an ordinance that says you cannot issue a liquor license on the same evening a public hearing is held. He asked the City Attorney if they would be in compliance if they issued a liquor license next week. Fritz Knaak, City Attorney, replied that should not be a problem. Councilmember Billings stated he is very anxious for Mr. Bisek and his attorney to get things done so staff and the City Attorney can look at them again. Mr. Bisek replied he will request his attorney to either e-mail or fax a copy of the draft to have it approved by the City Attorney and he will proceed to get signed copies and get those documents to City staff. Mayor Lund asked if they should close the public hearing. Attorney Knaak said it was an option, but it would preclude Council from getting any additional information on the record. Based on the facts, he would suggest that it is important to develop a good record.. He said he did not think it would prejudice the applicant in any way provided the 60-day rule is extended. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 12 Mayor Lund asked if it would be a problem to issue the liquor license on the same evening a public hearing is held. Attorney Knaak replied under the circumstances he does not think it will be a problem for them, but he would check into it. He said it would be in the City's interests to send something in writing to the applicant indicating that the 60-day rule has been extended. It is a technical rule, but he wanted to make sure it was met. Mayor Lund stated let the record show they are giving Mr. Bisek the form asking for the extension to the 60-day rule, and he has received it. MOTION by Councilmember Billings to continue the public hearing until December 11, 2006. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING MOTION CARRIED UNANIMOUSLY CONTINUED AT 8:31 P.M. AYE, MAYOR LUND DECLARED THE AND THE PUBLIC HEARING WAS 11. Consideration of the Neighborhood Street Improvement Project No. ST. 2007 — 1 (Continued November 13, 2006). MOTION by Councilmember Barnette to reopen the public hearing. Seconded by Councilmember Billings UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING REOPENED AT 8:32 P.M. Jon Haukaas, Public Works Director, stated this was initiated on November 13, 2006, and they requested that it be continued to tonight's meeting to allow them to get additional publication of the notice of this hearing into the paper. They have done all the necessary notification of residents in the project area. The purpose of the public hearing is to receive further information or input from the citizens. They have held neighborhood meetings explaining what they propose to do. He said it is their standard reconstruction project--reconditioning some of the City's older bituminous curb streets to the new street standards of 30 feet wide with concrete curb and gutter. He believes almost all of these streets are at that width. There are a couple of streets south of the high school that have narrower streets. They will not be able to get them to their standard of 30 feet wide, but they will improve them a little bit and work with what they have. MOTION by Councilmember Billings to close public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:37 P.M. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 13 OLD BUSINESS 12. Motion to Approve Amended Language in Sections 6.03.04 and 6.06.02 of the Fridley City Code; and Second Reading of an Ordinance Amending Chapter 6, Commissions, of the Fridley City Code, Correcting Number of Planning Commissioners and Providing for Substitute Members on the Appeals Commission (Tabled November 13, 2006). Scott Hickok, Community Development Director, said this is an ordinance amendment regarding substitution of commission members. Initially they were looking at substituting members to the Appeals Commission from the Planning Commission when there was not a quorum for a Appeals Commission meeting. In the process of modifying that section of the City Code, Council called to staff's attention some inconsistencies with the language in the City Code. As a result, staff reviewed the language and made modifications. At the advice of the City Attorney staff is recommending that Council make a motion to adopt the other amendments before addressing the second reading of the ordinance. MOTION by Councilmember Billings to approve the amendment language in Sections 6.03.04 and 6.06.02 of the Fridley City Code. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings pointed out a typographical error with respect to the date listed for the first reading of the ordinance. It says August 20, 2006. He thought the first reading was actually held in October, 2006. MOTION by Councilmember Billings waive the reading of the ordinance and adopt Ordinance No. 1237 on second reading and order publication. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 13. Approve Change Order No. 3 to the 2006 Street Improvement Project No. ST. 2006 — 1. Jon Haukaas, Public Works Director, stated this is their final housekeeping change order for a lot of small items that the contractor was requested to do throughout the course of the project, primarily in the final phase. It balances out some of the City's contract cost versus what was actually done during the project. It encompasses 15 separate items. Each item has supporting documentation from the City's contractor: itemized labor and contract costs they occurred, hours FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 14 for each individual item, quantities for what was being done, etc. Request No. 28 is for additions to the private driveway contracts, and it has essentially 50 subparts for all the different driveway work. Each little item on a driveway that the City may not have bid originally but was requested by a resident was agreed to under each driveway contract. However, since the City does not have it as an item in its bid, it needs to be approved through a change order. Each one of these costs are passed through the residents who have already agreed to pay them. The City just needs to approve it under its contract with Park Construction. Councilmember Barnette asked if this was a fairly typical number of items. Mr. Haukaas replied it is not unusual to have this many special pay requests. Some contractors handle them differently. Because of the size and complexity of this project, he does not think this is unusual at all. He said he thought this was a much more cleaner and transparent method. Every single item is itemized with its exact costs, and a request is made for each one. MOTION by Councilmember Barnette Approving Change Order No. 3 to the 2006 Street Improvement Project No. ST. 2006 — 1. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 14. Reinstate the 2005-2006 Rental License for 6571 Channel Road; and Approve Application for a 2006-2007 Rental License for 6571 Channel Road (Ward 2). John Berg, Fire Chief, stated on June 26, 2006, City Council voted 5-0 to revoke the 2005-2006 rental license for the property generally located at 6571 Channel Road. Since that time, the owner has met all the requirements that the City's inspection staff has required. They corrected all the open inspection items, they paid all their utility bills and fees, and they have made the proper application for licenses. At this time, staff is recommending that the 2005-2006 rental license at 6571 Channel Road be reinstated. In addition, staff is recommending that the application for the 2006-2007 rental license be approved. Mayor Lund asked if the fence issue had been resolved. Mr. Berg said it had. MOTION by Councilmember Wolfe to reinstate the 2005-2006 Rental License for 6571 Channel Road. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 15 MOTION by Councilmember Wolfe to approve the application for a 2006-2007 Rental License for 6571 Channel Road. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 15. Receive Bids and Award Contract for the Construction of Two Rescue Trucks for the City of Fridley Fire Department. John Berg, Fire Chief, stated for the year 2006 and 2007, the City budgeted $80,000 each year for the replacement of two rescue trucks. The 2006 truck bids were received in August 2006, and the City was about 24 percent over budget at that time. Staff then made a request to bid both trucks in an effort to be more cost effective. Bids for two rescue trucks were opened on August 30, 2006. General Safety was the lowest bidder on the truck construction at $62,595 per truck. That was about a$7,500 reduction from the previous bid. By going with the State bid for a cab and chassis, the City could save $1,900, which was about $1,900 lower than any of truck manufacturer bids that it received in October. The City gave them the option to bid on both the truck and the chassis, but the State bid was lower. Total project cost is $183,738 for the two years. That is about a 15 percent increase over what they originally budgeted. Staff recommendation at this time is that the City buy two cab chassis off the State bid at the cost of $58,548, that Council received the bids from October 30, 2006, and award construction of the two rescue trucks to General Safety Fire Apparatus at a cost of $125,190. William Burns, City Manager, said the biggest reason for the delay between October 30 and now is staff was waiting for the State bid to become clear and final. Mayor Lund asked what the total cost savings would be by doing the two trucks at once. Chief Berg replied the City saved about $7,500 on the construction of the vehicle and whatever inflation would have been added into that. Councilmember Wolfe commented from what has happened in the past and how costs have increased so quickly in a year, it could have been close to $10,000 in one year if the City waited a year on the extra truck. Chief Berg replied the City anticipated a 10 percent increase, and ended up with a 24 percent increase just because of the price of inetals and construction. MOTION by Councilmember Barnette to receive the bids and award the contract for the construction of two completed rescue truck apparatus to General Safety Fire Apparatus. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 16 16. Preliminary Plat Extension Request, P.S. #05-02, by Family Lifestyle Development Corporation, Generally Located at 1314 Mississippi Street, 1340 Mississippi Street, 6421 Central Avenue and 6461 Central Avenue (Ward 2). Mr. Hickok said they received an e-mail from Mr. John DeMello requesting an extension for six months on his project. Mr. DeMello got approval from the Council on June 13, 2005, to redevelop five parcels at the southeast corner of Mississippi Street and Central Avenue. Mr. DeMello has asked for a couple different six-month extensions to allow him to complete negotiations with investors on this project. It is staff's understanding that he is working with three different investors at this time. He has requested a six-month extension to June 4, 2007, and it is staff's recommendation to approve the extension. Councilmember Wolfe asked Mr. Hickok if it is unusual for someone to get this many extensions and if it harms the City in any way. Mr. Hickok replied, no, it does not. It delays the filing. As long as they continue to make progress and continue to request in a timely matter the extension, it is okay. As to whether this is unusual, Town Center Development across the street has been granted extensions for that proj ect. It is not entirely unusual. John DeMello, said he actually put on the MLS to expand the scope of the market of the investors who would take a look at the project as a result of the slow economic real estate development that just recently came into play. They had a couple of very serious investors with proposals on the table but then all of a sudden they looked at the market situation and pulled out at the last minute. Since that time, they have had three investors who actually have purchase agreements on the table. The issue is the retail portion of the project. They would like to find a way to fund a retail side. They are ready to go ahead with the housing. In this arena, it seems investors either like housing or they like retail. The challenge is to find different groups that will work together in the same proj ect. They have investors who understand the proj ect the way it is and are excited about it, but there are two camps: the retail camp and the housing camp and they do not necessarily share the same views. William Burns, City Manager, stated the financial media that you hear these days talk about this huge surplus of housing units nationally. He asked if there was a surplus of residential condominiums. Mr. DeMello replied, certainly. At this point there is a surplus of any kind of housing you could imagine. Someone said there is a 6-8 month supply of houses, let alone condos which are going up all over the place. However, he thinks it is more an issue of how you manage things. MOTION by Councilmember Wolfe to approve Preliminary Plat Extension Request, P. S. #OS- 02, by Family Lifestyle Development Corporation, generally located at 1314 Mississippi Street, 1340 Mississippi Street, 6421 Central Avenue and 6461 Central Avenue. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 17. Informal Status Reports. None given. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:03 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor CITY COUNCIL MEETING CITY OF FRIDLEY DECEMBER 11, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Layne Otteson, Assistant Public Works Director Richard Pribyl, Finance Director/Treasurer Fritz Knaak, City Attorney Jim Saefke, Councilmember-Elect Dolores Varichak, Councilmember-Elect APPROVAL OF PROPOSED CONSENT AGENDA: 1. Resolution Ordering Final Plans, Specifications and Estimates of Costs Thereof: 2007 Neighborhood Street Improvement Project No. ST. 2007 — 1. William Burns, City Manager, stated that with the completion of preliminary plans and specifications for the 2007 street reconstruction project and the closing of the public hearing, staff recommends the ordering of final plans and specifications. ADOPTED RESOLUTION NO. 2006-88. 2. Resolution Authorizing a Change in Mileage Reimbursement Rates for the 2007 Calendar Year. William Burns, City Manager, stated that the City's mileage reimbursement rate has, in past years, been changed to reflect the current mileage reimbursement rate allowed by the IRS. The IRS has changed their rate from .445 per mile to .485 per mile for 2007. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-89. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 2 3. Resolution Providing for Sewer Rate Increases. William Burns, City Manager, stated staff is recommending that the City's sewer rates be increased in accordance with the amount allowed by the City Charter. The 2.8% rate increase will raise sewer rates by $2.59 per thousand gallons of water used. This amount will bring the minimum quarterly sewer charge for residential customers to $31.08. The increase will leave us with a 2007 operating deficit of $393,731. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-90. 4. Resolution Providing for a Storm Water Drainage Rate Change. William Burns, City Manager, stated staff is recommending that the storm water drainage rates be raised by 2.8%, an amount consistent with the requirements of the City Charter. This increase will bring the storm water fee for a residential lot to $3.30 per quarter. The increase will leave us with $12,073 less than needed to cover 2007 expenditures. Staff recommends Council's approval. 5. Resolution Providing for Water Rate Changes. William Burns, City Manager, stated staff is recommending that the City's water rates be raised by 2.8%, an amount consistent with the requirements of the Fridley City Charter. The increase will raise quarterly residential water rates by $1.18 per 1,000 gallons of water used. The increase will leave the City $217,444 short of covering water system expenditures. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-92. 6. Resolution Approving Recycling Service Fees. William Burns, City Manager, stated staff is recommending that the City's recycling fees be raised by 2.8%, an amount consistent with the requirements of the Fridley City Charter. The increase will raise quarterly residential recycling fees for single family residential properties by $.18 The increase will leave us $42,844 short of covering our Solid Waste Abatement Fund expenditures. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-93. 7. Resolution Calling for a Public Hearing on Modifications to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-3, 6-7, 9 and 11-18, Creation of Tax Increment Financing District No. 19 and Approval and Adoption of a Tax Increment Financing Plan Relating Thereto. William Burns, City Manager, stated Fridley would like to establish a new TIF district to accommodate a new proj ect on the former Guardian Building Products site at 5110 Main Street. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 3 Staff is proposing that the public hearing for this project, known as the Industrial Equities Project, be scheduled for February 26, 2007. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-94. 8. Resolution Authorizing a Salary increase for the Fridley City Manager. William Burns, City Manager, stated he is requesting a 3 percent merit increase effective December 11, 2006. If approved, it would raise the City Manager's base salary from $110,510 to $113,817. The total cost of the increase, including impacts on the City's contribution to the City Manager's retirement plan is $4,130.95. The increase will bring the City Manager's salary closer, but still below, the mean salary for city managers in Fridley's population group. The increase will also leave the City Manager's salary well below the state-imposed salary cap for city managers. This is the first merit increase that the City Manager has had since 1993. The proposed increase is also justified by the fact that he received no COLA or other increase in compensation for the years 2003, 2004, and 2005. ADOPTED RESOLUTION NO. 2006-95. 9. Claims. APPROVED CLAIM NOS. 129686 THROUGH 129815. 10. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 11. Estimates. APPROVED THE FOLLOWING ESTIMATES: Midwest Asphalt 5929 Baker Road, Suite 420 Minnetonka, MN 55345 Mill and Overlay Project No. 2006 - 2 FINAL ESTIMATE ................................................................................ Midwest Asphalt 5929 Baker Road, Suite 420 Minnetonka, MN 55345 $ 12,622.55 Third Street Proj ect No. 2006 — 3 FINAL ESTIMATE ................................................................................... $ 2,388.67 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 4 Park Construction 500 — 73rd Avenue, Suite 123 Fridley, MN 55432 2006 Street Improvement Proj ect No. ST. 2006 - 1 FINAL ESTIMATE ....................................................................... $220,505.80 Councilmember Bolkcom commented that the City Manager did not request the raise. An evaluation was performed and Council looked at other City Managers' salaries. As a result it was recommended that this be brought forward for a vote. MOTION by Councilmember Barnette to approve the consent agenda as submitted. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Barnette to adopt the agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC SERVICE ANNOUNCEMENT Greg Kottsick, City Sewer Supervisor, presented an overview of the City Sewer Services. Mr. Kottsick was appointed Supervisor of the City Sewer Department in June of 2000 and has been employed with the City for 20 years. The Sewer Department has five full-time personnel who are in charge of the day-to-day operations of sanitary and storm water maintenance. There have been dramatic changes in the operations over the years. Many of these changes have come from computerized and mechanical equipment. With the use of these tools, the department operates more efficiently and productively. The department has a well trained, educated crew that has adapted to the new high tech advances. Mr. Kottsick presented an overview of Capacity Management Operations and Maintenance (CMOM). CMOM is good business for collection and utilities. CMOM encompasses more than 152 program elements such as sewer inspections and rehabilitation, system capacity, cost analysis, employee training, emergency operations, and preventative maintenance and help preserve infrastructure assets. CMOM is a U.S. environmental protection agency mandate. Correction systems are aging and in need of maintenance and rehabilitation. This area has been under funded and neglected for many years. The US EPA reports that sanitary sewers are the least maintained among all U. S. infrastructures. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 5 Mr. Kottsick said the City is compliant. The City has a very proactive maintenance and operations program that addresses many of the guidelines. A few examples of the operation maintenance actives are to clean sewer lines with the use of a j etting machine, house services, work station rehabilitation and maintenance, and computerized alliance systems for pumping stations. Mr. Kottsick reviewed the jetting and televising maintenance activity. The City of Fridley has 110 miles of sanitary sewer lines ranging in size from 6-inch to 24-inch. The City is divided into five areas based on direction of flow. It is the rule to jet all six, eight, ten and twelve inch lines in areas over a two-year period. Last year the department had an exceptional year and completed all areas from September 2005 to September 2006. The camera equipment was purchased in 2004 which made inspection of the sewer lines much easier. The sewer is video taped on a hard drive data base and can be pulled at any time for review. If things go as planned, within the next two years, the entire City should be televised. Mayor Lund asked if there were rules of routine maintenance that residents should take into consideration. Mr. Kottsick responded that if a resident has sewer issues, they should call the City first to check the main line before calling an independent service. If the problem is in the City line, there will be no cost to the resident. Mayor Lund asked what the quickest way to reach the Sewer Department was. Mr. Kottsick provided the following numbers said his number was 763-572-3565 or 763-572- 3560 (Monday through Friday from 7:00 a.m. - 3:30 p.m.). After hours, there will be a recording with a telephone number to call. In an emergency, ca11911. William Burns, City Manager, asked about how much of the City sewer lines get jet flushed every year. Mr. Kottsick answered that they would like to get the entire system done each year. Last year about 470,000 linear feet was completed. Typically, they clean around 400,000 linear feet each year. Mr. Burns asked if it was State law to clean all the sewers every five years. Mr. Kottsick said the State would like to see the entire system cleaned in a three-year period. The City is meeting this requirement and is well ahead of the standard. Councilmember Barnette asked about sump pumps and if they should drain them into the laundry tub. Mr. Kottsick said no and this was against City Code. All the clean water goes through the system and is metered, which means we would be paying a surcharge on the clean water. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 6 Bruce Nustad, President of the Twin Cities North Chamber of Commerce, introduced himself to Council. He expressed the business community's appreciation for the work of Council. He also congratulated Councilmember Wolfe and Councilmember Billings on their retirement. OPEN FORUM (VISITORS): Paul Westby stated that he owns the building at 6425 Central Avenue. He would like Council to look at a clinic and wellness spa proposal. This is not a beauty salon and nothing in the City Code states that he cannot put in a wellness spa. After speaking with Mr. Hickok there seems to be some discrepancy. Mayor Lund stated that Council will look at the information Mr. Westby submitted and give a response. Councilmember Bolkcom asked if this issue could be briefly discussed after the meeting. Councilmember Billings stated that he recalls issuing a special consideration for a chiropractic clinic in a residential neighborhood. The proposed business presented appears to have some therapeutic nature to it, and he asked if the disagreement is regarding if this is actually chiropractic. Mr. Westby answered that he could have a dentist or any type of professional services in the building. He said he owns the building, works there and wants to be specific as to who the tenant is. Donald Anderson, 7304 W. Circle N.E., said there was a pothole on Highway 65 and 73ra Avenue and asked if someone could fix it. Councilmember Bolkcom mentioned that in the future he could call the City and report the issue to the Public Works Department. Councilmember Wolfe spoke up for the realtor office he works for. He said the Toys for Tots signs from his office were taken down. He called the City and asked why the signs were taken down and was told the signs were in the right of way and they also had the real estate office name on them. The Toys for Tots program is for underprivileged children and the intent was not to advertise the company. Some photographs were shared of signs within the City that were inappropriately displayed advertising businesses. An email was received from Paul Bolin with the stipulations of signs and how far away they need to be from a curb and property lines. There were several signs that were found throughout the City that were not meeting this stipulation. The Toys for Tots signs that were displayed would be displayed for 10 to 15 days and were to let residents know where they could drop off toys. Mayor Lund asked Councilmember Wolfe if his office thought of applying for a temporary sign permit. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 7 Councilmember Wolfe stated that regardless, it was not right to pull up the signs that were for a good cause. Many signs are displayed advertising for businesses throughout the City that are against code and those signs are not being pulled. Scott Hickok, Community Development Director, stated that the sign that was displayed by Blue Print Homes was legal as it was on the private side of the public right of way. He agreed that some of the real estate signs were not displayed correctly. He said that the real estate signs should be moved away from the curb but he has been in the area and rarely are they 10 feet off the property line. The real estate signs are not put up by the company but by a private contractor. The City believes that Toys for Tots is a good cause and the City also has a drop-off location and advertised the drop-off site on the city marquee sign. The signs that are in the public right of way will be pulled whether they are for Toys for Tots or not. The City cannot differentiate what the sign says, even if the sign is for a good cause. It still cannot stay in the public right of way. Equality and sign enforcement is what the City is after and staff encourages anyone who sees signs in the public right of way to report them to the City. Mayor Lund asked if a temporary sign permit could be granted to put the sign on their own property. Mr. Hickok stated that the sign would have to be on the real estate office property, not the corner where the signs were originally located. Councilmember Wolfe reiterated that the Toys for Tots signs were for a good cause so people could find the drop-off location and in no way were they put in that location to offend the City of Fridley. Mayor Lund stated that this is not the first time we have had sign issues as it happens many times with schools and other businesses. Councilmember Wolfe stated that the City said if the real estate company name was not on the sign, they may have stayed in the right of way. Councilmember Bolkcom suggested Councilmember Wolfe apply for a temporary sign permit and then the sign would be legal. Mr. Hickok agreed that would be within the City Code. Councilmember Wolfe asked how long it takes to get a temporary sign permit. Mr. Hickok answered that if a temporary sign permit was applied for tomorrow, they would get the permit the same day. PUBLIC HEARINGS: 12. Consideration of an Intoxicating Liquor License for Baggan's Pub, 3720 East River Road N.E. (Ward 3) (Continued December 4, 2006). FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 8 MOTION by Councilmember Bolkcom to remove the item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Richard Pribyl, Financial Director, said the original public hearing was presented on November 13, continued to December 4, and continued again to this evening. The hearing has been continued due to concerns about how the requirements for the food to liquor ratio would be met with the operation of the Oops Theater and Catering Services with Joe Vitale. Mr. Bisek has provided staff with a narrative and proforma describing how the two businesses would be working together showing Baggan's providing all of the food and liquor sales for the Pub and for the Theater. After reviewing the information, staff is satisfied with the information provided. Mr. Pribyl stated that there are two components of the liquor ordinance that must be complied with. First of all, 40% of the total of gross sales must come from the business of selling food and intoxicating beverages. The total sales generated on site from sales related to the full operation must be included since they operate under the umbrella of the licensed premises. Second, of that 40% trade requirement related to the definition of a restaurant, a minimum of 40% must be from sales of food prepared on site. Staff recommends closing this public hearing. The liquor license would be listed in accordance with Section 60387C on the meeting of January 8th. Mayor Lund stated that a memorandum was received and he asked if it was incorporated with Mr. Pribyl's data. Mr. Pribyl answered yes, and a conversation was held regarding the revenue generated from the Oops Theatre and that it would be included in the total revenue. Mayor Lund asked if the Pub and Theater were two separate businesses. Mr. Pribyl answered that they are two different businesses to review. MOTION by Councilmember Bolkcom to submit the memorandum dated December 8 into the record. Seconded by Councilmember Barnette. Councilmember Bolkcom questioned the subcontract as it related to the use of the kitchen. Mr. Pribyl stated that the kitchen is of sufficient size for both staff to work independently of one another. Councilmember Bolkcom asked if there was enough work completed on the kitchen to start business. She asked if it would be okay to close the public hearing. Mr. Pribyl stated that the work is progressing quite well. Councilmember Bolkcom asked if the Anoka County would be inspecting the property. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 9 Mr. Pribyl said the Health Department would be completing a final inspection. Councilmember Bolkcom asked if the inspection would be completed by the meeting on January 8. Mr. Pribyl answered that staff will watch the progress of this item. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:32 P.M. 13. Consider the Building Located at 136 Horizon Circle Hazardous and Order its Removal or Repair Pursuant to Minnesota Statues, Section 463. (Ward 3) MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:35 P.M. Scott Hickok, Community Development Director, said the home is located at 136 Horizon Circle and is a modified story and a half. State Statute 463 defines the process by which a building is deemed hazardous. The process begins when staff has completed an investigation and ask Council to deem the property hazardous based on the findings of the investigation. Staff began the investigation on October 16. Based on that inspection, a notice was sent to the owner on October 17. The house has been vacant for months--possibly years. In April 2001, staff contacted the homeowner by letter to notify the owner of the hazardous conditions. The home has evidence of foundation failure on the lower face of the structure's southeast corner. Mr. Hickok stated that since the hearing notice was sent out, both the owner and daughter have come forth regarding this property. A private party has prepared a purchase agreement for the property and the offer has been accepted. The buyer grew up in the neighborhood and plans to demolish the home, make necessary soil corrections and build a new home in its place. Staff recommends that Council approve the hazardous ordinance. Councilmember Bolkcom asked how staff came upon this hazardous home. Mr. Hickok said in 2001, City staff went to inspect two homes on this block One had fixed the problems and this home remained hazardous. Staff was aware that it was abandoned and the conditioned worsened. Councilmember Bolkcom asked why staff waited so long to list the home as hazardous. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 10 Mr. Hickok answered that there was a list of actions that was taken with the property owner. Staff had given the owner time to fix the home on their own and thought the owner was seeking solutions. The owner was not seeking solutions and in time the property has deteriorated and is now abandoned. Councilmember Bolkcom asked if the home had been homesteaded since 2001. She asked if the taxes were paid by the homeowner. Mr. Hickok answered that the taxes have been paid, but the homeowner chose not to live in the home. Councilmember Bolkcom stated that staff waited five years to deem this property hazardous and now gives the new owner 20 days to come to a resolution. She asked if the property had been inspected since 2001. Mr. Hickok said the property had not been inspected since 2001. In 2001 after the inspection, staff had hoped that the owner was seeking a solution to fix the problem. This did not happen and the situation got worse. Now that the property is abandoned, it is a liability to leave it sit. Councilmember Bolkcom asked that if staff knew in 2001 the property was hazardous, why did it take so long to come forward. Councilmember Billings questioned what the procedure would be if no buyer was present. Mr. Hickok stated that Council would make a resolution and the property owners would be notified by having papers served. Twenty days would be given to resolve the issues on the property. The 20 days allows time for the owner to respond to staff and come up with a reasonable solution. If nothing happens, an abatement process starts and the City can demolish the property and bill the property owner for the demolition fees. Right now, staff would like something done to rectify this property so it does not present a dangerous situation for residents. Valerie Tatley, buyer of property stated that she has met with the owners and signed a purchase agreement. Mayer Lund asked if she had a problem with the staff's recommendations. Ms. Tatley asked if the 20 days could be pushed back a little to give the owners time to clean out the house and pack up their personal things. Councilmember Barnette asked if all the belongings were still in the home. Ms. Tatley answered yes. Councilmember Bolkcom stated that the 20 days does not mean that the home needs to be demolished. A plan just needs to be in place as to what you plan to do with the property. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 11 Ms. Tatley asked if the issue could be dropped with the title transfer as she thought it was a waste of City funds. Mr. Hickok answered that the City would not add their costs on top of the fees. He asked if her request was to stop the proceedings and not put money into the issue of tearing down the structure. Ms. Tatley answered yes. Councilmember Bolkcom stated that the proceeding still needs to be on record in case the sale does not happen. Ms. Tatley stated that she could get the paperwork to Council once the property is closed. Councilmember Billings answered that the paperwork could be submitted after closing. Sometimes it is difficult to find the title of the property, and anything can happen. Hopefully this will not be the case, but we need this on record so if something does happen, we can proceed. Ms. Tatley responded that they should have a clear title prior to closing. Councilmember Billings stated that he hopes everything works out okay. Councilmember Bolkcom asked if the resolution should be tabled until the first meeting in January. Mr. Hickok stated that he is convinced that a workable solution can be made to move ahead with this matter. Ms. Tatley stated that the sale is conditional and could be stopped upon title transfer. Bids are being submitted on the property and she hopes to have a plan in place soon. Councilmember Bolkcom stated that the plan has to be given to staff within 20 days. Attorney Knaak stated that the action by Council is used to initiate a lawsuit. A document is filed with the court in which there are 20 days to respond. If no answer is filed with the court, on the 21st day, the city can raise the property. The issue of the title may create an impediment to the title. This can make it difficult to explain to a mortgage company why there was a lawsuit to destroy the house. This may be a reason to delay the passing of the resolution until the property is closed. You have that option and run a risk of stating that the City knew about the hazardous condition. To eliminate problems, you may want to put off the resolution until the property is closed. Mayor Lund stated that due to Mr. Knaak's response, Council may want to consider tabling this item until the next meeting. Councilmember Bolkcom asked if they could continue the resolution and close the public hearing. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 12 Attorney Knaak answered that no additional information would be needed to continue the public hearing. Mayor Lund stated that it is not the intent to use tax dollars to demolish a building that someone is taking care of. The new owners are willing to work with staff. By postponing the action, the new owner would have additional time to take care of matters. MOTION by Councilmember Billings to continue this hearing until January 8, 2007. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Consider the Building Located at 8100 East River Road Hazardous and Order its Removal or Repair Pursuant to Minnesota Statues, Section 463 (Ward 3). MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 9:05 P.M. Scott Hickok, Community Development Director, stated that the property at 8100 East River Road has been deemed hazardous by virtue of fire damage, food waste and lack of underground tank corrosion protection by the City's Chief Building Official, code enforcement staff, and the Fire Marshall. On October 24, 2006, a fire was responded to and the building had been compromised by the fire. A letter was sent to the property owners after the fire. The building has been vacant for months. In the month of November, the Fire Department and staff inet with the property owner to notify him of the concerns of the building's hazardous conditions. The south of the building has been boarded up by the City's contractor and secured, but not repaired. Also, rotting food has been observed and documented to exist inside of the structure. Further, all underground gas tank corrosion protections that require power, have been compromised due to lack of electricity at the site. Anyone entering the structure at this site may be in danger of injury or death. Garbage has been an issue on the site with no collection service scheduled. Mr. Hickok stated that the property owner is present. The owner indicated that he is willing to rebuild the facility as required. Staff recommends Council approve the hazardous building resolution. Councilmember Bolkcom asked how long there has been no electrical current to the building. Mr. Hickok answered that he was not sure of the exact date but at least since the fire. Councilmember Bolkcom asked how long it has been since the business was operating. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 13 Mr. Hickok answered that it was June or July of 2006. Councilmember Bolkcom asked if the State inspector has been on the site. Mr. Hickok answered that the inspector has been in contact with the owner and visited the site. Councilmember Bolkcom asked if there was a current license to do business on the property. Mr. Hickok was not sure of the current status of the business license. Councilmember Bolkcom commented on complaints she has heard of garbage in the neighborhood and graffiti. Councilmember Billings asked about the underground tanks and if it had any impact on the hazardous conditions. Mr. Hickok answered that the tanks are a separate issue, and even though it is important, they are a different problem. Councilmember Billings said the hazardous situation we are talking about now is just the structure. Mr. Hickok answered that the integrity of the structure is the question. Engineers will need to access the damage and present a plan to correct the structure. Councilmember Billings asked if the property owner has 20 days to respond and present an acceptable plan of action. Attorney Knaak stated that if a response is not received, the abatement process would start. The owner can negotiate a workable solution under court action up to 20 days. If no solution is resolved, the abatement process will start, a trial will take place and the City will get the court's decision to demolish and abate the property. Soloman Hersh, 8100 East River Road, stated that this issue was brought to his attention from Mr. Hickok. He has owned the property for five years and owns 14 other locations he subleases. This station had a corporate lessee, Fridley Food and Fuel. The lessee has left the store and Mr. Hersh has no key to enter the building. He has received an appraisal from the insurance company and has two contractors lined up to inspect the property and give bids. The intention is to rebuild and reopen the doors with a new lessee. The trash is something he cannot control, but he would like to rebuild and repair the property. Mayor Lund asked if Mr. Hersh had received any information regarding the hazardous property prior to the call from staff. Mr. Hickok stated that a letter was sent out to the property owner with an Eagan address but the owner moved and did not give the City the new address. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 14 Mayor Lund asked when the business was last open. Mr. Hersh answered it was open until mid-June. Mayor Lund asked what the future intent of the property was. Mr. Hersh answered that he planned to fix the property, rent it out and open a business. Mayor Lund asked what the business was prior to the fire. Mr. Hersh answered that prior to the fire he was going to clean and remodel the building for a new look. Mayor Lund asked for clarification that the property sublease tenant left a mess and the business has been closed since mid June. Mr. Hersh answered yes. He was not sure what was left inside. Mayor Lund asked if the insurance claim has been settled. Mr. Hersh answered that he was contacted Friday morning and was told the claim was approved. He said he would start to find his own contractor. Mayor Lund thought 20 days was a reasonable amount of time to come up with a solution. Numerous complaints have been received regarding this property. Mr. Hersh respected the Mayor's opinion but compared this business, which has been deemed hazardous for two months, to the previous hearing of the house deemed hazardous for 5 years and they got an extension. He said the trash was from people in the neighborhood dumping it there. Mayor Lund responded that it is typical for trash to be dropped off when buildings are abandoned. Mr. Hersh stated that he was interested in fixing up the property as soon as possible and reopen for business. Councilmember Bolkcom stated that the fire was on October 24 and the building is boarded up. The trash is a separate issue and is there because of the abandoned business. Soon this building could be vandalized causing further damage and possibly injury. This building is not secure and is a bigger issue than the previous public hearing. Mr. Hersh commented that he was at the building two days after the fire and the building was already boarded up. He saw the damage through photographs. He did not receive any communication until he received a telephone call about this public hearing. The insurance company has approved the claim and he is getting bids. The 20 days is workable. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 15 Councilmember Bolkcom asked Mr. Hersh if he understood the process in that if the resolution was passed, the deadline to get a plan of action to the City would be in 20 days. Councilmember Billings stated this is Mr. Hersh's problem to take care of. The building is dangerous and the City will go ahead with the proceedings as needed. Mayor Lund stated that Mr. Hersh will need a plan submitted in 20 days. Councilmember Billings stated that once the papers are served, he has 20 days to respond and present an action plan. Mr. Hersh stated that he will work with staff to get the business ready to reopen. Councilmember Billings recommended that Mr. Hersh call the insurance adjustor and advise them that the building will be torn down in 20 days if they do not start the process. Tori Swanson, 8080 East River Road, stated that she lives down the street from the gas station. The station has been in shambles since January. No gas has been for sale and because of the food, crows and animals are loitering in the area. The fence is torn down and a new one was never built. This makes the neighborhood look bad. Jody Beyers, 534 Fairmont Street, stated that she agreed with the concerns that were addressed. She added that within the garbage on the property there were receipts with credit card numbers possibly creating concerns for identity theft. She agrees that it is a health hazard and does not think the abandoned property is safe. Brandon Brinkly said he bought a home in the area 6'/z months ago. This property was a concern. People were wondering since the owner left why someone had not come sooner to check on the property. One would think that a business owner would visit the store more than once every six months. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:40 P.M. NEW BUSINESS 15. Resolution Certifying Final Tax Levy Requirements for 2007 to the County of Anoka. MOTION by Councilmember Wolfe to adopt Resolution No. 2006-96. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 16 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Resolution Adopting the Final Budget for Fiscal Year 2007. Councilmember Barnette noted that the budget is down from last year. Richard Pribyl, Finance Director, answered that the City needs to continue to balance the budget and reduce funds from transfers. William Burns, City Manager, stated that the levy is down considerably. Councilmember Barnette stated that residents should be pleased with the efforts of staff. MOTION by Councilmember Wolfe to adopt Resolution No. 2006-97. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Resolution Ordering the Removal or Repair of a Hazardous building Pursuant to Minnesota Statutes Section 463, Located within the City of Fridley, Minnesota (136 Horizon Circle) (Ward 3). MOTION by Councilmember Bolkcom to table the resolution. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 18. Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statues Section 463, Located within the City of Fridley, Minnesota (8100 East River Road) (Ward 3). MOTION by Councilmember Bolkcom to adopt Resolution No. 2006-98. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 19. Informal Status Reports Councilmember Bolkcom thanked Councilmember Wolfe and Councilmember Billings for their years of service on the City Council. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 17 ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:45 P.M. Respectfully Submitted by, Krista J. Monsrud Scott Lund Recording Secretary Mayor DRAFT CITY OF FRIDLEY PLANNING COMMISSION MEETING DECEMBER 6T", 2006 CALL TO ORDER: Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 pm. MEMBERS PRESENT: Diane Savage, Jack Velin, Brad Dunham, Larry Kuechle MEMBERS ABSENT: Leroy Oquist, Barbara Johns, Dean Saba, David Kondrick OTHERS PRESENT: Julie Jones, Planning Manager Tim Grote, 550 Osborne Road NE, Unity Hospital Shannon Bambery, BWBR Architects APPROVE OF MINUTES: 1. Approval of November 15t", 2006 Planning Commission meeting minutes MOTION by Commissioner Kuechle to approve the minutes as submitted. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #06-13, by John Allen, to consider an increase in building construction lot coverage to 50% on an M-2, Heavy Industrial zoned property, generally located at 5110 Main Street NE Julie Jones, Planning Manager, stated that the City has received confirmation from Mr. Allen to withdraw this application. Mr. Allen was considering a lease arrangement which would require him to build a larger building that would exceed the 40% lot requirement. He is withdrawing his application because the potential larger user is no longer interested in the property. The property will still be redeveloped using the original two building plan. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #06-14, by BWBR Architects, for Unity Hospital, to consider the expansion of an existing hospital building in a R- 1, single-family residential zoning district, generally located at 550 Osborne Road NE. MOTION by Commissioner Dunham to open the public hearing. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:34 P.M. Julie Jones, Planning Manager, stated that this is the 14th SUP of the year. Last year the city only had five SUP requests submitted and this may not be the last request for the year. The petitioner, Shannon Bambery of BWBR Architects, who is representing Unity Hospital, is seeking a special use permit to allow an existing hospital to expand an existing building in an R-1, Single Family zoning district, located at 550 Osborne Road. Ms. Jones stated that the proposed expansion involves building a second story over the existing surgery area, which was built in 1994. Of the proposed expansion area, approximately 9,600 sq. ft. will be connected to an area to the southwest on the same level. At this time, 2,200 sq. ft. of the 9,600 sq. ft. expansion will be undeveloped shell space for future needs. The petitioner proposes a remodel and expansion of the Emergency Department. The remodeled area, consisting of approximately 11,000 sq. ft. will include the entire existing Trauma, Treatment and Exam area of the original 1984 addition. Ms. Jones reviewed that the subject property is zoned R-1, Single Family as are most surrounding properties and is approximately 35 acres in size. The parcel of land is comprised of a hospital, other associated buildings, parking lots and landscaped areas. The initial hospital building was constructed in 1969. Subsequent special use permits were issued to allow expansions. Ms. Jones stated that in 1984, the City Council approved a special use permit to add approximately 43,000 square feet for a Trauma, Treatment and Exam area. Additionally in 1984, the City Council approved a special use permit to allow expansion of the parking lots to meet the demand of the new addition. In 1994, the City Council approved a special use permit for a surgery addition. Ms. Jones said that in 2002 the City Council approved a variance request to increase the size of a wall sign from 3 sq. ft. to 49 sq. ft. in order to replace the sign faces on existing signs. In 2003, the City Council approved a special use permit for a minor addition to the building that added a second story ICU unit. Ms. Jones stated that the proposed expansion will not increase number of beds, but will create larger exam rooms, private settings for waiting patients, a second story staff work station, and an expanded first floor staff area. Hospitals are a permitted special use in the R-1, Single Family zoning district, provided that the proposed expansion complies with the requirements for the special use permit, subject to the stipulations suggested by staff. Unity Hospital has existed on this site since 1969. Ms. Jones stated that the property complies with all setback and lot coverage requirements. The addition of a second story complies with building height limits in an R-1 district. Ms. Jones stated that staff had received a couple phone calls on this item from residential neighbors. There were concerns about delivery hours, garbage pickup, employee smoking, and traffic, but the main concern appeared to be parking. Staff shared this concern since there had been a code enforcement case on this site this year related to parking violations. However, staff had since learned that there was a temporary extra staffing issue, which was the reason for the parking problem. She showed on an aerial picture where possible new parking areas had been proposed a couple years earlier by the petitioner. Since parking appears to be in greatest demand in the south end of the site, staff is suggesting that the City require 36 parking stalls on the south end of the hospital site at this time and require proof of parking on another 115 parking stalls in the northwest corner of the site. Even though there seems to be enough parking stalls on the site, the parking does not appear to be in the area where staff and visitors desire to park. If the petitioner has proof of parking designed with plans for the new addition, the City can impose the petitioner to install the additional parking when and if it is needed in the future. Ms. Jones stated that staff recommends that the special use permit be granted, noting that a hospital is a permitted special use in the R-1, Single-Family zoning district. If the permit is granted, staff suggested the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements. 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary exterior building materials and color scheme. 6. The petitioner shall increase parking by 36 stalls on the southern side of the parking lot, according to the parking plan dated October 19, 2004 and have new parking completed by September 1, 2007. 7. Petitioner shall revise site plan to include 115 parking stalls as proof of parking in the northwest corner of property as shown on parking plan dated October 19, 2004. 8. Petitioner shall submit grading and drainage and storm water management plans for additional parking area to be reviewed and approved by the City engineering staff prior to issuance of the building permit. Ms. Jones stated that this item is scheduled to be reviewed before City Council on January 8th, 2007. Commissioner Kuechle asked what areas create the greatest parking problems. Ms. Jones replied that the biggest problems were early fall when people were parking on the grass in the northwest part of the property. People in the neighborhood also complain about parking on the street and police had to be called to enforce parking regulations. One hour parking is permitted on Madison Street. Commissioner Kuechle commented that looking at the aerial photo, Lyric Lane seems to be a long ways from the building. Shannon Bambery, representing Unity Hospital, stated that Staff did a good job in presenting the SUP request. The emergency room has not been remodeled since 1984 and this new remodel will be cosmetic in nature. The existing treatment rooms are currently shared with curtains and this remodel would allow private exam and treatment rooms. The hospital will keep similar bed counts and maintain a slight increase to make room for waiting patients. Patients will gain privacy and be placed in a room sooner. This will increase the quality of care patients receive. The additional shell space will be built at this time for future expansion of 4-6 additional exam rooms. This expansion is on the same level as the existing emergency room department. Commissioner Savage questioned if the petitioner had any problems with the stipulations. Tim Grote, Direct Support Services for Unity Hospital, stated that some of the stipulations are challenging. Stipulations 1-5 are fine but he wanted to offer some options for stipulations 6-8. He distributed a memo to speak of the issues that occurred in the past regarding parking. Mr. Grote stated that Unity Hospital recently installed a new electronic medical record system which involved hundreds of temporary staff on site August through October. Extra staff was on site to help with the implementation of this new electronic medical records system. The hospital did recall seeing employees parking in the northwest corner on the grass but now parking is back to normal and the situation is much better. Mr. Grote stated that Mercy and Unity are close in line with leadership and shared staff between the hospitals in the past. The hospitals will be splitting services and dedicating staff at each site which should also reduce the parking demand. During the month of November the security department did a study of the parking lot during the peak parking times of the day (8:00 a.m. and 3:00 p.m. — shift change times). They found that parking was sufficient. The hospital considers the current parking adequate for staff, patients and visitors. Mr. Grote stated that the impact of the emergency department will not take away from site space or parking stalls. Efficiency will be achieved by adding seven exam rooms. Patients' waiting to be seen adds to parking needs. Adding more rooms will not only improve patient care but also parking problems because the patients will get through the process faster. Mr. Grote proposed that the hospital continue the parking surveys and share the study with City Staff. If parking becomes a problem, additional parking would be added by July 30, 2007. Mr. Grote also proposed to install curb stops in the turf area to prohibit cars from entering on that area. The hospital will initiate corrective action based on the parking studies. Commissioner Kuechle asked what could be done about the church lot to encourage people to use the spaces available. Mr. Grote stated that the church lot is the most preferred parking area. That lot is a matter of preference for people that work on the lowest end of the building. Commissioner Kuechle questioned if the petitioner plans to put the curb stop in the church lot. Mr. Grote responded yes, that the curb stop would be put in regardless of the situation as soon as the frost was out of the ground. Commissioner Dunham questioned if the petitioner has discussed this alternative parking proposal with staff prior to tonight. Mr. Grote responded that he spoke with Scott Hickok very briefly that afternoon, but staff has not seen the memo that was distributed prior to tonight. Mr. Grote stated that the parking issue regarding Lyric Lane became an issue when Allina went smoke free and it was a close area for people to go and smoke in their cars. The hospital will educate staff not to park in that area, which has not been an issue in recent times. Most cars parked on Lyric Lane are on the other side of the street and are assumed to be resident's vehicles. Mr. Jones stated that it is true that Scott Hickok talked with Mr. Grote this afternoon. Staff is willing to look at the suggestion as they would not want to require additional impervious surface on the site if it is not needed. Staff was not aware of the extra staff at the hospital during the training period prior to today. The proposal to the stipulations seemed reasonable and will take this information under advisement before preparing recommendations to the City Council regarding this item. No one from the public was present to address the Commission. MOTION by Commissioner Kuechle to close the public hearing. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:05 P.M. Commissioner Savage stated that she would agree with this matter once the stipulations were revised. Commissioner Kuechle questioned stipulation number six in that 36 stalls are already in a plan and if the hospital can be imposed to install additional parking at any time. Ms. Jones answered yes, that the 36 stalls are in a proposed parking plan that was considered by the petitioner two years ago. This plan is not part of the site tied to this project. The City can refer to the other parking plan but would prefer it be incorporated into the records for this SUP. Commissioner Dunham asked if they need to amend stipulation number six to reference proof of parking for 36 stalls. Commissioner Savage asked if Staff had a suggestion. Ms. Jones answered that this is the first time she has seen the memo and would like some time to review with other staff. Commissioner Savage asked if the matter should be tabled until Staff has time to review the issue. Ms. Jones responded that she did not think that would be necessary and did not want to delay the project due to the upcoming holiday schedule. Commissioner Kuechle recommended leaving stipulation number six as it is but add "or work out suitable alternative arrangement with City Staff." Commissioner Savage stated that stipulations seven and eight would not be changed. MOTION by Commissioner Kuechle to approve the consideration of a Special Use Permit, SP #06-14, by BWBR Architects, for Unity Hospital, to consider the expansion of an existing hospital building in an R-1, single-family residential zoning district, generally located at 550 Osborne Road NE with the amendment to stipulation six adding "or work out suitable alternative arrangement with City Staff." Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY OTHER BUSINESS: Ms. Jones reminded the Planning Commission that the January 3�d meeting has been cancelled and there is a chance that Staff may not have any items for the January 17tn meeting. Staff would like a work session to discuss the updates for the Comprehensive Plan. Staff would like input from the Planning Commission on the Housing and Land Use chapters. It would be beneficial to have the Planning Commission involved early on in the development stages in creating goals. Staff would like an informal discussion/ work session regarding the Comprehensive Plan upon adjournment of the January 17tn meeting. If this meeting is cancelled, the work session would take place at the scheduled meeting time. Please keep that date open, January 17tn ADJOURNMENT: MOTION by Commissioner Kuechle to adjourn the meeting. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 8:15 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary � � CffY OF FRIDLEY T0: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES DATE: January 4, 2007 Attached is a resolution that will appoint Wells Fargo Bank Minnesota N.A. as the City's official depository for 2007 We are incurring little cost for the service we are provided by Wells Fargo Bank Minnesota N.A. At this time, it does not seem to be beneficial to solicit for banking services since our options are limited within the City The service we receive is very good; Wells Fargo Bank Minnesota N.A. has been responsive to our requests for information. In using Wells Fargo Bank Minnesota N.A. we are able to invest idle cash on a daily basis with minimum cost to the City. We are able to determine daily needs and invest the balance in a money market account with Wells Fargo and First Trust. If we were to change the provider for the banking services we would need to change the method in which we invest idle funds and the ease in which we make deposits. RDP/me Attachment RESOLUTION NO. - 2007 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY I, Richard D. Pribyl, do hereby certify that I am Finance Director-Treasurer of the City of Fridley, a corporation organized under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and properly called and held on the 8"' day of January, 2007, the following resolution was passed; that a quorum was present at said meeting; and that said resolution is set forth in the minutes of ineeting and has not been rescinded or modified. IT IS HEREBY RESOLVED, that Wells Fargo Banks is hereby designated as a depository for the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this corporation on deposit with said bank shall be signed by two of the following: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Bums, City Manager and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTI�R RESOLVED, that Wells Fargo Banks as a designated depository of the corporation is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of the following: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Bums, City Manager and Wells Fargo Banks sha11 be entitled to honor and to charge this corporation for a11 such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with Wells Fargo Banks by the City Clerk or other officer of his corporation. BE IT FURTI�R RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as goveming the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. Page 2- Resolution No. - 2007 BE IT FURTI�R RESOLVED, that a11 transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the same hereby are, in a11 things ratified, approved and confirmed. BE IT FURTI�R RESOLVED, that any bank or savings and loan may be used as depositories for investment purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTI�R RESOLVED, that the signatures of two of the following named City employees are required for withdrawal of City investment funds from sauings and loan associations: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Bums, City Manager BE IT FURTHER RESOLVED, that any brokerage firm may be used as a vendor for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. I further certify that the Council of this corporation has, and at the time of adoption of said resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named who have full power and lawful authority to exercise the same. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 2007. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY T0: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2007 January 2, 2007 Attached is a resolution designating the Focus News as the official legal newspaper for the City of Fridley for the year 2007. The Minneapolis Star Tribune is designated as the City of Fridley's second official newspaper for the year 2007. RDP/me Attachment RESOLUTION NO. - 2007 RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2007 WHEREAS, the Charter of the City of Fridley requires in Section 12.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Focus News is designated the official legal newspaper for the City of Fridley for the year 2007 for all publications required to be published therein. BE IT FURTHER RESOLVED that the Minneapolis Star and Tribune be designated as the City of Fridley's second official newspaper for the year 2007. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 2007. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY TO FROM: AGENDA ITEM COUNCIL MEETING OF JANUARY 8, 2007 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PR/BYL, FINANCE DIRECTOR SUBJECT: RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLA/NCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE DATE: January 4, 2007 Attached is the resolution prepared by the City's Bond Counsel, Mary Ippel from the firm of Briggs and Morgan. This resolution is the same as the one that was past last year by the City Council and pertains to the debt that we issue annually in conjunction with our street reconstruction program. The bonds issued by the City are used to reimburse itself for the costs associated with certain predetermined projects. This spring and summer the City will be working on the next phase of the continuing expanded street improvement project. The costs associated with these projects have been determined to be financed by a General Obligation Improvement Bond supported by an additional tax levy. This resolution authorizes the Finance Director to create a declaration of intent to reimburse for each general obligation bond used to finance each of our improvement projects. This resolution has attached to it an Exhibit A, which is the "Declaration of Intent" that shall be used for this summer's street improvement project and the related general obligation debt that shall be issued to cover those expenses. This resolution is only used to declare, an intent to reimburse, and does not provide the Finance Director with any new role in the issuance of general obligation bonds which has always been the City Council's role. RDP/me Attachment(s) RESOLUTION NO. , 2007 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: RECITALS - The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2, (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the City prior to the time of issuance of those bonds. The Regulations generally require that the City (as the issuer of or the primary obligor under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the of payment of the expenditure or (2) the date the proj ect is placed in service (but in no event more than 3 years after actual payment). The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. OFFICIAL INTENT DECLARATION — The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the Finance Director to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: Each Declaration shall be made not later than 60 days after payment of the applicable proj ect cost and shall state that the City reasonable expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A, which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. Each Declaration shall contain a reasonably accurate description of the "project" as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and state the maximum principal amount of bonding expected to be issued for that proj ect. Care shall be taken so that the City, or it authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be issued to finance the subject project costs, and the City officials are hereby authorized to consult with bon counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to proj ect expenditures for which the City has made declarations. REIMBURSEMENT ALLOCATIONS. If the City is acting as the issuer of the reimbursement bonds, the designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. EFFECT. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 2007. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK EXHIBIT A Declaration of Official Intent The undersigned being duly appointed and acting Finance Director of the City of Fridley, Minnesota ("the City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: The undersigned has been and is on the date hereof duly authorized by the City Council of the City to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. This Declaration relates to the following project, property or program (the "project") and the costs thereof to be financed: 2007 STREET RECONSTRUCTION PROGRAM The City reasonably expects to reimburse itself for the payment of certain costs of the Proj ect out of the proceeds of a bond issue or similar borrowing (the `Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $1,600,000 is the maximum principal amount of the Bonds which will be issued to finance the Project. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.1502(d)(3) of the Regulations. AS of the date hereof, the statements and expectations contained in the Declaration are believed to be reasonable and accurate. Date: , 2007 Richard D. Pribyl — Finance Director City of Fridley � � CffY OF FRIdLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 William W. Burns, City Manager Jon Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director January 8, 2007 Load Limit Designation Attached is a resolution establishing the spring load limits for the City Streets. PW07-004 Annually we receive Council's approval to publish the load limits. This allows us to place the notice in the newspaper at an appropriate time based upon the spring thaw. Load limits stay in effect until the Anoka County Highway Department informs us of them raising the limits on the County roads. To facilitate the notification process, recommend the City Council adopt the attached load limit resolution for 2007. JHH:jb Attachment RESOLUTION N0.2007- RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS IN THE CITY OF FRIDLEY, MINNESOTA BE IT RESOLVED by the City Council of the City of Fridley as follows: A. That pursuant to Chapter 503,City Code of Fridley, Minnesota, 1978 that commencing on the date ordered by the State of Minnesota Commissioner of Transportation, and continuing until the 15th day of May 2007, unless sooner terminated or thereafter continued, no vehicle shall be driven or operated upon any street or in the City under jurisdiction of the City where the weight of such vehicle exceeds: 4 TON PER AXLE B. The above restriction shall not apply, but shall instead be limit to 9 TON PER AXLE with respect to the following named streets, to-wit: STREET 3rd Street 3rd Street 4t'' Street 5t'' street 6t'' Street 7t'' Street 45t'' Street 51st way 52�'d Avenue 52�'d Way 53rd Avenue 53rd Avenue 53rd Way 57t'' Avenue 57-1/2 Avenue 58t'' Avenue 61st Avenue 63rd Avenue 63rd Avenue B 64t'' Avenue 64t'' Avenue B 65-1/2 Way 66t'' Avenue 66t'' Avenue B 66t'' Way 66 % Way 67t'' Avenue 67t'' Avenue 67t'' Avenue B FROM 49th Avenue Mississippi Street 57th Avenue 61st Avenue 67t'' Avenue 53rd Avenue Main Street East River Road Taylor Street Ashton Avenue Main Street Matterhorn Drive East River Road TH 4 7 University Ave. E Jackson Street Starlite Boulevard TH 47 E Service Road Quincy Street Arthur Street Jackson Street Hickory Street Arthur Street Jackson Street Hickory Street Rice Creek way Brookview Drive Monroe Street Monroe Street TO 53rd Avenue Starlight Lane 57% Avenues Mississippi Street Rice Creek Terrace 67t'' Avenue University Avenue Industrial Boulevard Buchanan Street Industrial Boulevard Cheri Lane Fillmore Street Industrial Blvd Quincy Street E. 4t'' Street W Moore Lake Drive W Moore Lake Drive Monroe Street Jackson Street Central Avenue Van Buren Street Ashton Avenue 609 Feet West Able Street Ashton Avenue Ashton Avenue west End Cul-De-Sac 6t'' Street Quincy Street STREET 69t'' Avenue B 73rd Avenue 67TH Way 69t'' Place B 73rd Avenue N Ser Dr 68t'' Avenue 71% Way 74t'' Avenue 68t'' Avenue B 71st Avenue 75t'' Avenue 69t'' Avenue 72�'d Avenue 75t'' Way 76t'' way 77t'' Avenue 78t'' Avenue 79t'' Avenue 7 9 t'' way 81st Avenue 83rd Avenue Able Street B Able Street Able Street B Alden way Alley E of Beech Arthur Street Arthur Street Ashton Avenue Ashton Avenue Ashton Avenue Baker Street Beech Street Bellaire way Bellaire way Benjamin Street Berne Road Broad Avenue Brookview Drive Buchanan Street Buffalo Street Camelot Lane Carrie Lane Cheri Lane Cheryl Street FROM Rice Creek way Brookview Drive Pandora Drive Central Avenue 145=W of Rice Crk Blvd Rice Creek Blvd 200 Ft w of Alden TH 47 E Service Dr TH 65 Commerce Circle W Univ. Ave E. Serv.Dr Univ. Ave E. Serv.Dr Central Avenue Osborne way Alden way East River Road E Burlington No. R/W E Burlington No. R/W W Burlington No. R/W Hickory Street Main Street Mississippi Street W Moore Lake Drive Overton Street Rice 79t'' Avenue 78t'' Avenue Camelot Lane North Danube Road 52�'d Way 65-1/2 Way 79t'' Avenue 73rd Avenue 77t'' Avenue Alden way Alden way Gardena Avenue Windmere Drive Buffalo Street Mississippi Street 73rd Avenue Riverview Terrace Squire Drive Quincy Street 53rd Avenue Riverview Terrace TO Ashton Avenue Monroe Street Oakley Street East City Limits University Service Dr. 69t'' Avenue Cul-De-Sac Park Entrance Central Avenue Central Avenue Able Street Lyric Lane Stinson Boulevard Alden way East to Cul-De-Sac Ranchers Road Main Street TH 4 7 Riverview Terrace TH 4 7 TH 4 7 66t'' Avenue Mississippi Street Creek Terrace B Dr B Street to Jackson St 75t'' way 79t'' Avenue Mississippi Street 400 Feet North Industrial Boulevard Rice Creek way Ironton Street Osborne Road 81st Avenue Park Property Pearson way Rice Creek Road Berne Cir E Cul-De-Sac Lafayette Street Rice Creek Terrace To Columbia Hgts Border Broad Avenue Arthur Street Jackson Street Fillmore Street Broad Avenue STREET Chesney way Commerce Circle East Commerce Circle Commerce West Commerce Lane Craig way Craigbrook way Creek Park Lane Dover Street Dover Street East Danube Road East Moore Lake Drive East River Road East River Road Elm Street Ely Street Ely Street Fairmont Street Fairmont Street Fillmore Street Fillmore Street Fireside Drive Firwood way Gardena Circle Gardena Lane Glen Creek Road Glencoe Street Hackmann Avenue Hackmann Circle Hartman Circle Hathaway Lane Heather Circle Heather Place Hickory Street Hickory Street Hickory Street Hillcrest Lane Hillwind Road Hugo Street Industrial Street Ironton Street Ironton Street Jackson Street B Jackson Street Janesville Street Jefferson Street B Kennaston Drive B Kennaston Drive B FROM TH47 E Serv Dr 73rd Avenue Commerce Circle East Commerce Circle South 73rd Avenue East River Road Alden way Central Avenue Ely Street Riverview Terrace Matterhorn Drive TH 65 51st way 5 7 t'' way 77t'' Avenue East River Road Riverview Terrace 53rd Avenue 53rd Avenue TH 65 Pearson way Central Avenue Gardena Lane Gardena Avenue Matterhorn Drive Logan Parkway Riverview Terrace Tennison Drive Hackmann Avenue East River Road Hackmann Avenue Heather Place Central Avenue 78t'' Avenue 81st Avenue Mississippi Street woody Lane Matterhorn Drive Riverview Terrace 51st way Hugo Street Riverveiw Terrace 63rd Avenue Carrie Lane Riverview Terrace Madison Street Monroe Street Jackson Street TO 355 Feet West Commerce Circle South Commerce Circle West 73rd Avenue Osborne Road Cul-De-Sac East River Road Arthur Street W End of Cul-De-Sac Broad Avenue North Innsbruck Drive Central Avenue North to Cul-De-Sac North of 57t'' way 79t'' Avenue w end of Cul-De-Sac Broad Avenue East River Road East River Road Cheri Lane 7 9 t'' way East City Limits Through Cul-De-Sac woody Lane St. Moritz Drive East River Road East River Road Central Avenue Hackman Avenue West 400 Lineal Feet East End of Cul-De-Sac Through Cul-De-Sac Through Cul-De-Sac 79t'' Avenue 600 Feet North Rice Creek way Central Avenue Hackman Avenue East River Road Ashton Avenue Ashton Avenue East River Road 68t'' Avenue 58t'' Avenue East River Road 210=South 68t'' Avenue 68t'' Avenue STREET Kerry Lane Kimball Street Kristin Court Lafayette Street Liberty Street Lincoln Street Logan Parkway Logan Parkway Logan Parkway Longfellow Street Lynde Drive Main Street Main Street Madison Street B Madison Street B Matterhorn Drive Medtronic Parkway Mississippi Street Monroe Street North Danube Road North Innsbruck Drive Oakley Street B Osborne way Overton Drive B Overton Drive B Pandora Drive B Pearson way Pierce Street Polk Street Quincy Street Quincy Street B Rainer Pass Ranchers Road Regis Drive Regis Lane Regis Terrace Regis Trail Rice Creek Blvd B Rice Creek Terrace Rice Creek way Rickard Road Riverview Terrace Riverview Terrace Riverwood Drive Royal Oak Court Ruth Circle Ruth Street Service Road Shamrock Lane Skywood Court Skywood Lane Skywood Lane Spring Brook Place Squire Drive St. Imier Drive St. Moritz Drive Stinson Boulevard Stinson Boulevard FROM Ben More Drive Riverview Terrace Stinson Boulevard Broad Avenue East River Road Buchanan Street Riverview Terrace Riverview Terrace Logan Parkway East River Road Hillwind Road Osborne Road 57t'' Avenue 67t'' Avenue Rice Creek Terrace South City Limits 7t'' Street Central Avenue 63rd Avenue west Danube Road Matterhorn Drive 68t'' Avenue East River Road Kennaston Drive Monroe Street Monroe Street East River Road 53rd Avenue Hackman Avenue 57t'' Avenue 67t'' Avenue Glacier Lane 77t'' Avenue Hathaway Lane Regis Drive Regis Drive Reqis Lane 69t Avenue 6t'' Street East River Road East River Road 71% way 7 9 t'' way 71st way Arthur Street Ruth Street Ruth Circle Liberty Street 69t'' Avenue Skywood Lane Fillmore Street Fillmore Street 7 9 t'' way Rice Creek Road Berne Road Trollhagen Drive 69t'' Avenue Osborne Road TO Rice Creek Road East River Road End of Cul-De-Sac East River Road w end of Cul-De-Sac 53rd Avenue East River Road Glen Creek Road Glen Creek Road w end of Cul-De-Sac Regis Drive 83rd Avenue 61st Avenue Rice Creek Terrace 160 = North Gardena Avenue TH 65 Stinson Boulevard Rice Creek Terrace North Innsbruck Drive East City Limits Rice Creek Terrace 75t'' way 68t'' Avenue 68t'' Avenue 68t'' Avenue Firwood way Through Cul-De-Sac Lynde Drive Carrie Lane 68t'' Avenue South City Limits 81st Avenue Regis Lane Matterhorn Drive Regis Trail Through Cul-De-Sac Univ. W Serv Dr (inc. Cul-De-Sac) Brookview Drive Ashton Avenue Alden way Logan Parkway 200ft N of Kimball Street 71 % way west to Cul-De-Sac Ruth Street Hugo Street Ely Street North to Cul-De-Sac Through Cul-De-Sac w Through Cul-De-Sac Matterhorn Drive Longfellow Street Camelot Lane South City Limits South City Limits 68t'' Avenue 73rd Avenue Stinson Boulevard Stinson Boulevard Stonybrook Way Symphony Street Talmadge Way Taylor Street Tennison Drive TH 47 E Service Drive TH 47 E Service Drive TH 47 E Service Drive TH 47 W Service Drive TH 47 E Service Drive TH 65 E Service Drive TH 65 E Service Drive TH 65 E Service Drive TH 65 W Service Drive TH 65 W Service Drive Trollhagen Drive University W Service Washington Street B West Danube Road West Moore Lake Drive Windemere Drive Mississippi Street Rice Creek Road Alden Way 73rd Avenue N Service West Cul-de-sac 52nd Avenue Gardena Avenue 53rd Avenue 57-1/2 Avenue 69th Avenue 73rd Avenue Osborne Road 73rd Avenue Osborne Road 63rd Avenue Osborne Road 73rd Avenue Matterhorn Drive Rice Creek Blvd 500=North of 68tn North Danube Road TH 65 (North Moore Trollhagen Drive 66 l� Avenue 800 Ft S of East River Road 74th Avenue North East Cul-de-sac Through Cul-de- Through Cul-de- North Approx 500 Mississippi 73rd Avenue 85 Avenue 73rd Ave N 72nd Avenue Fireside Drive South 350 feet South 800 feet MCRR Tracks St. Imier Drive 69tn Avenue Monroe Street South Cul-de-sac Medtronic Parkway Trollhagen Drive C. Notice of these restrictions shall be published with respect to each of such streets and when so published, the restrictions shall be in full force and effect; all as provided thereof, under Chapter 503, City Code of Fridley, Minnesota, 1978. D. A vehicle in excess of such limits may be operated or driven upon a street in the City without violation of law when the same is done under Special Permit thereof issued in accordance with the provisions of Minnesota Statutes Sec. 169.87 which are adopted and made a part hereof by reference the same as if fully incorporated herein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8th DAY OF JANUARY, 2007 SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Asst Public Works Director January 8, 2007 Resolution for Use of MSAS Funds PW07-002 In order to be eligible to use our Municipal State Aid System funds on our neighborhood streets, MN rules 8820.1800 requires the City Council request this use by resolution. The attached resolution requests disbursement of the CityOs population portion of the Municipal State Aid System construction funds for the proposed Street Improvement Project No. ST. 2007 - 1. Recommend the City Council adopt the attached resolution for submittal to the State Aid Office. JHH:Io Attachment RESOLUTION NO. 2007 - RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and maintaining 200 of its City streets, and WHEREAS 22.9 MSAS miles are currently authorized and have been improved to State Aid standards and are in an adequate condition that they do not have needs other than additional surfacing, and WHEREAS the City currently has 88.3 miles of local streets that require maintenance and upgrade, and WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS it is proposed to systematically install concrete curb and gutters and storm sewer system for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS it is proposed to use a portion of the City's population allocation funds to upgrade local streets, and WHEREAS the City of Fridley has identified the following streets for inclusion in its 2007 Street Improvement Project No. ST. 2007-1, towit: 4t" Street - 57'/ Avenue to 61 St Avenue 5t" Street - 57'/ Avenue to 60t" Avenue 6t" Street - 57'/ Avenue to 60t" Avenue 6t" Street — 61 St Avenue to 63rd Avenue 57t" Place — 7t" Street to Jefferson Street 57'/ Avenue — 4t" Street to 6th Street 58t" Avenue - 7t" Street to Jefferson Street 58'/ Avenue - Little League Fields to Monroe Street 60t" Avenue - 4t" Street to 5t" Street 63rd Avenue — 5t" Street to 7t" Street Jefferson Street - 57t" Place to 59t" Avenue University Avenue Service Drive - 4t" Street to 7t" Street Washington Street - 58t" Avenue to 59t" Avenue Concerto Curve - 73rd Avenue to Ballet Boulevard Lyric Lane - 73rd Avenue to Ballet Boulevard Melody Drive - 73rd Avenue to Ballet Boulevard Tempo Terrace - 73rd Avenue to Ballet Boulevard Memory Lane — 73rd Avenue to Ballet Boulevard Ballet Boulevard — Lyric Lane to Memory Lane Community Park Ballfields No.'s 1& 2 Resolution No. 2007- Page 2 WHEREAS the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS the final approval of the State Aid for Local Transportation Division is therefore required. NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the release of MSAS funds for the upgrade and reconstruction of City municipal streets, identified as 2007 Street Improvement Project No. ST. 2007-1. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8th DAY JANUARY, 2007. SCOTT J. LUND - MAYOR ATTESTED: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Asst Public Works Director January 8, 2007 Miscellaneous Concrete Repair Project No. 370 PW07-001 Attached is a resolution ordering advertisement for bids for the 2007 Miscellaneous Concrete Repair Project No. 370. This resolution is provided for execution by the City as mandated by State law. This project covers remedial sidewalk, pavement and curb repair and replacement in the City whether due to utility repairs or driveway entrance permits. Recommend the City Council adopt the attached resolution ordering advertisement for bid for the 2007 Miscellaneous Concrete Repair Project No. 370. JHH:Io Attachment RESOLUTION NO. 2007 - RESOLUTION ORDERING ADVERTISEMENT FOR BIDS: 2007 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 370 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as required: 2007 Miscellaneous Concrete Repair. 2. The plans and specifications prepared by the Director of Public Works for such improvements are hereby approved and shall be filed with the City Clerk. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisements hall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 10:00 AM WEDNESDAY, March 14, 2007, and that no bids will be considered unless sealed and filed with the Director of Public Works. That the advertisement for bids for 2007 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 370 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF JANUARY 2007. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director January 8, 2007 Sanitary Sewer Lining Project No. 371 I,�JL�rQiI�X? The Capital Improvement budget has funds identified for rehabilitation of our sanitary sewer lines. We will be doing this work in three areas in 2007. They are as follows: 731/2 Avenue - Highway 65 to Central Ave. 1340 LF of 10" of VCP South City Limits Easement - Matterhorn Dr to Buchanan Street 760 LF 8" CIP Hugo Street - Broad Avenue to 300FT East 300 LF 8" VCP There is $80,000 budgeted for this project. Recommend the City Council adopt the resolution authorizing staff to advertise for the Sanitary Sewer Lining Project No. 371. JHH:Io Attachment RESOLUTION NO. 2007 - A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY SEWER LINING PROJECT NO. 371 WHEREAS, the City Council of the City of Fridley has established a policy of lining sanitary sewers when necessary, WHEREAS, the Director of Public Works has submitted a plan showing the sanitary sewers in need of lining. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 3. That the sanitary sewers recommended for lining by the Public Works Department be lined, and the work involved in said improvement shall hereafter be designated as: SANITARY SEWER LINING PROJECT NO. 371. 731/2 Avenue - Highway 65 to Central Ave. 1340 LF of 10" of VCP South City Limits Easement - Matterhorn Dr to Buchanan Street 760 LF 8" CIP Hugo Street - Broad Avenue to 300FT East 300 LF 8" VCP 2. The plans and specifications prepared by the Public Works Department for such improvement and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under Sanitary Sewer Lining Project 371 be performed under one contract. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at 10:00 a.m. on WEDNESDAY, MARCH 21, 2006, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Director of Public Works and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (50) of the amount of such bid. That the advertisement for bids for Sanitary Sewer Lining Project No. 371 shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF JANUARY, 2007. SCOTT J LUND - MAYOR Attested: DEBRA A. SKOGEN - CITY CLERK � � Cfflf OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 William W. Burns, City Manager c�� *�' � Jon H. Haukaas, Public Works Director January 8, 2007 2007 GIS Contract PW07-005 Our GIS Consultant, the GIS Rangers, joined the Traffic Safety Systems Division of 3M. They will continue to offer the full complement of services to their existing clients while also supporting the Roadway Maintenance Services Unit of 3M. This combination will allow them to expand their range of experience while being backed by the strength and integrity of the 3M brand Current clients will see no change in personnel services. Our new contract for 2007 will now be with 3M. The 2007 contract allocates 80 hours per month to the City of Fridley at a cost of $31,075.00 and has been budgeted for. Recommend the City Council approve the 2007 contractthrough the Tri-City JPAwith the Cities of Andover and Columbia Heights, for GIS services by the 3M Company. JHH:jb Attachments 29 CONSULTING SERVICES AGREEMENT This Agreement is made as of , 200_ (the "Effective Date"), by and between 3M COMPANY, a Delaware corporation, acting through its Traffic Safety � Systems Division ("3M" or "Contractor") and the Tri-City GIS Joint Powers _ Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri-City." 3M and Tri-City are collectively referred to as "Parties" and individually as a "Party." " WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agree�nents contained herein the parties agree as follows: 1. TERM 1.1 Term. The term of this Contract shall be from January 1, 2007, through December 31, 2007, unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR' S OBLICrATIONS 2.1 General Description. Contractor will provide 2,405 hours annually of onsite GIS technical assistance to Tri-City. The Contractor will spend approximately 80 hours per month per each city in Andover and Fridley, and approximately 40.5 hours per month in the City of Columbia Heights. Additional hours may be contracted as provided in Section 3.4. 2.2 Conformance to S�ecification. The Contractor will provide the Services as set forth in Exhibit A. 0 30 2.3 Limited Warrantv 3M warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. 3M MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARR.ANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. PAYMENT 3.1 Service Fees The Contractor's fees for Services are set forth below ("Service Fees"). Service Fees do not include any taxes that may be due based on the Service Fees, or for reimbursable expenses, for which Tri-City agrees to pay directly or reimburse 3M. Total Service Fees: $77,145.0-0 to be allocated as follows: Andover-$31,075.0-0, or 40%; Fridley-31,075.0-0, or 40%; Columbia Heights-$14,995.0-0, or 20% 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Payment. All invoices are due within thirty days from the invoice date. If Tri-City disputes any portion of Contractor's invoice, then Tri-City will: (a) pay any amount not in dispute by the due date; and (b) within five business days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason(s) for withholding payment. On 2 31 Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri- City agrees to pay any disputed amounts within iive days after the issues have been resolved. 3.4 Tri-City shall have the right to request changes within the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change causes an increase or decrease in the fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri-City of such increase or decrease and the Agreement shall be modified in writing accordingly. Contractor shall not proceed with any change until a written amendment has been accepted by Contractor; however Contractor's right to payment for such change shall not be affected in the event Contractor agrees in writing to proceed prior to the completion of such amendment. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. 6. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri-City, its officers or erriployees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. �32 7. INSURANCE _ 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity • provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this - Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity _ provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri-City of intent to cancel. 0 7.2 Covera�e. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence B) Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. 4 33 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inabilit�to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Dutv to Mitigate• Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 10.2 Notice of Default. Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described � by the notice given under the above paragraph within the ten (10) days, or such additional time as may be mutually agreed upon, then the whole or . any part of this Contract may be terminated by written notice. 5 34 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the other Party's Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. 11. CONTR.ACT RIGHTS/REMEDIES 11.1 Ri�hts Cumulative. All remedies available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri-city and Contractor. 11.3 Force Majeure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 12. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. 6 35 13 14 To Contractor: Division Vice President Traffic Safety Systems Division 3M Center Building 225 ST. Paul, MN 55144 Fridlev: Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432 MODIFICATIONS Andover: City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Columbia Hei� Public Works Director City of Columbia Heights 637 - 38�' Avenue NE Columbia Heights, MN 55421 Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, 1NDIRECT OR CONSEQUENTIAL DAMAGES 1N ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. 15. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. 7 36 0 � � 16. MERGER Final Agreement. This Contract is the final statement of the agreement of the Parties and the � complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no • representations, warranties, or stipulations, either oral or written, not herein contained. 17. DISPUTE RESOLUTION 17.1 This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 17 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A NRY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later of: (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. 17.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non-binding mediation to resolve any dispute they may have. The mediation will be conduct by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys' fees and will share equally the other mediation costs. While this mediation will be non-binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute's resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for 8 37 purposes of the applicable rules of evidence. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. " CONTRACTOR TRI-CITY GIS ORGANIZATION • By: By: . Title: Title: Date: Date: By: Title: Date: By: _ Title: Date: . �: Exhibit A ' Contractor shall provide the following services generally described as GIS On- Site Support, including but not limited to: ' • Maintain and edit all GIS datasets being used for Companies GIS • Create new datasets by: - _ _ o Heads up digitizing o Merging new datasets � o Spatial analysis o Geoprocessing o Geocoding • Create and update GIS maps • Advise Tri-City on GIS projects and software • Maintain and keep records of GIS-related software and software licenses • Customize GIS software where applicable • Customize and maintain GIS related web pages Other non-GIS services: • Create and maintain Microsoft Access databases � • Customize forms and reports using Microsoft Access r �� 10 39 � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 2007 CITY COUNCIL AND STAFFAPPOINTMENTS 2006 REPRESENTATIVE Mavor Pro Tem• Councilmember-at-Large Barnette 2007 APPOINTEE Anoka Countv Law Enforcement Council: Councilmember-at-Large Barnette, Rep. Councilmember Wolfe, Alternate Association of Metronolitan Municivalities: Mayor Lund, Delegate Councilmember Bolkcom, Alternate League of Minnesota Cities: Councilmember Billings, Rep. Mayor Lund, Alternate School District No. 13: Councilmember-at-Large Barnette, Rep. Councilmember Bolkcom, Alternate School District No. 14: Councilmember-at-Large Barnette, Rep. Councilmember Bolkcom, Alternate School District No. 16: Councilmember Billings, Representative Councilmember Wolfe, Alternate Northstar Corridor Development Authoritv: Councilmember-at-Large Barnette, Rep. Councilmember Billings, Alternate Visit Minneaaolis North: Debra A. Skogen, City Clerk .� EXPIRES 12-31-07 12-31-07 12-31-07 12-31-07 12-31-07 12-31-07 � 12-31-07 . 12-31-07 12-31-07 12-31-07 12-31-07 12-31-07 12-31-07 - 12-31-07 12-31-07 12-31-07 � � CffY OF FRIDLEI' Name Perry Jones AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 Position Patrol Officer Appointment Starting Salary $19.04 per hour 2007 Contract Starting Date Jan. 16, 2007 Replaces Jeffrey Schoeberl � AGENDA ITEM COUNCIL MEETING OF JANUARY 8, 2007 CffY OF FRIDLEI' CLAIMS 129818 -130128 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 LICENSES Type of License MASSAGE CERT/F/CA TE Andrew Acree 10260 180t" Court NW Elk River, MN 55330 (Hott Heads 6530 E River Rd Fridley, MN 55432) � Approved By: Public Safety Director � AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 �°F LICENSES FRIDLEI' Contractor T e A licant A roved B Al's Master Plumbing/Benjamin Franklin Gas TraCy LaYY1paI'ty ROn 7ulkOwskl, CBD Aspen Air Gas Micki Soule Ron Julkowski, CBO DJ's Heating & A/C Heating/Gas Thomas Wendel Ron Julkowski, CBO DL Johnson Htg & Air Conditioning Heating Darryl Johnson Ron Julkowski, CBO Don Gervais Welding Heating Mary Gervais Ron Julkowski, CBO East Bethel Heatin & Air Inc Heatin Peter Chouinard Ron Julkowski, CBO Gorham Oien Mechanical Inc Heating Jon Gorham Ron Julkowski, CBO K John Custom Homes & Remodelers Wrecking Keith Johnson Ron Julkowski, CBO Kevin's Heating & Cooling Heating Kevin Hopp Ron Julkowski, CBO Master Gas Fitters Heatin /Gas Dan Perzichilli Ron Julkowski, CBO McQuillan Bros Plbg & Htg Co Heating Tim McQuillan Ron Julkowski, CBO Minnesota xeating & Air conditioning Heating/Gas Jeff Sturges Ron Julkowski, CBO Nordquist Sign Company Sign Erector Hans Peters Ron Julkowski, CBO Soft Touch Demolition Wrecking Cliff Lutz Ron Julkowski, CBO South-town Refri eration Heatin Dan Anderson Ron Julkowski, CBO Superior Mechanical Systems Inc Heating Paul VanTassel Ron Julkowski, CBO Welter & Blaylock, Inc Gas Steve Yetzer Ron Julkowski, CBO � � CffY OF FRIDLEY DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2��7 January 3, 2007 William W. Burns, City Manager Scott J. Hickok, Community Development Director Ronald Julkowski, Chief Building Official PUBLIC HEARING - Hazardous Building at 136 Horizon Circle INTRODUCTION An abandoned property at 136 Horizon Circle has been deemed hazardous (by virtue of extreme foundation/soils damage) by our Chief Building Official and was scheduled for a public hearing before the City Council on December 11, 2006. The hearing was opened and after comments that evening; Council chose to continue the hearing until January 8, 2007. It appeared from discussion that night that the property would likely be changing hands to a new owner by the end of December 2006. Potential buyer indicated that they had made a purchase offer and that offer was accepted by the owners of 136 Horizon Circle. Since the December 11, 2006 meeting; that new owner has closed on their purchase of the property. That new owner's soil engineers and foundation contractor have been working on the project and have been in touch with our Chief Building Official. Soil boring results are due to be completed today (January 3, 2007). Staff recommends having Council continue to hold the hearing open until February 26, 2007. If an acceptable plan is in place by that date, staff will prepare a memo to Council describing the homeowner's proposed plan to eliminate the hazard. With an acceptable plan in place, staff will recommend denial of the resolution to deem the structure hazardous at that time. ELEMENTS At the Public Hearing, Council was advised of the property conditions and was asked to officially deem the property hazardous and to authorize staff to begin the statutory process and commence toward demolition. State Statute 463 defines a process by which the demolition proceedings must move forward if the City is to proceed. Essential structural items of this home such as foundation walls have been compromised by an unusual geological condition on this property. Clay soils often referred to as, "Fatty Clay" appears to have damaged the foundation of this home beyond service. The foundation has buckled and is depressed an inch and a half or more across one face of the foundation. Council member Bolkcom asked, if the facts of this foundation problem were known in 2001, why staff is requesting this action now in 2006? Why not before? Simply put, the owners of this home were elderly, held very few options for alternative housing, and they would have been displaced from this home. It is always staf� s first choice; once a problem has been identified to: work with the homeowners, to seek resolution, and to assist in any manner necessary to bring the project to a close. Staff did identify the problem for these owners and their neighbor on the next lot; both homes were experiencing similar problems. Staff suggested potential courses of action for resolution of the problem. Staff also highly recommended professional engineering (both soils and structural) as the first step toward solving the problem. The solution would certainly be costly and would likely require time for the elderly owners to gather the funds the engineering and ultimately the structural improvements would require. The ball was in their court and we allowed time for the folks to work on their solution. Staff hoped that these owners, like their neighbors (who had the same problem) were seeking a solution and that we would be hearing from their contractors at some point. We heard from contractors on the one home and the problem was resolved through the construction of a new foundation. We did not hear from contractors about 136 Horizon and upon recent investigation found that the home was now empty. Once it was known that the home was abandoned, displacement was no longer an issue and the matter would now not only be a structural problem, but the house would be an attractive nuisance as well. The homeowners failed to respond to any recent attempts at communication and staff then recommended hazardous structure statute to resolve the dilemma. RECOMMENDATION Staff recommends Council hold the public hearing and receives public comment. Further, staff recommends that Council continue to hold the hearing open until February 26, 2007. If an acceptable plan is in place by that date, staff will prepare a memo to Council to define the schedule for elimination of the hazard and close the loop on this matter. Staff will at that time recommend denial of the resolution to deem the structure hazardous if a satisfactory plan is in place. � � CffY OF FRIDLEY DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2��7 January 3, 2007 William W. Burns, City Manager Scott J. Hickok, Community Development Director Ronald Julkowski, Chief Building Official RESOLUTION - Hazardous Building at 136 Horizon Circle 1NTRODUCTION The property at 136 Horizon Circle has been deemed hazardous (by virtue of extreme foundation/soils damage) by our chief building official and was scheduled for a public hearing before the City Council on December 11, 2006. At that time, Council considered the item and heard from a potential new buyer for the property. The buyer had indicated that a purchase offer had been made and accepted by the owners of 136 Horizon Circle. Since the December 11, 2006, meeting; that new owner has closed on their purchase of the property. That new owner's soil engineers and foundation contractor have been working on the project and have been in touch with our building department. Infact, the soil boring results are due to be completed today (January 3, 2007). RECOMMENDATION Staff recommends that Council delay action on the attached resolution until February 26, 2007. If an acceptable plan is in place by that date, staff will prepare a memo to Council to close the loop on this matter and will recommend denial of the resolution to deem the structure hazardous. The purpose of the delay will be to allow additional time for the new owner to prepare a reasonable plan for correction of all foundation defects once all soils and other conditions are known. RESOLUTION NO. RESOLUTION ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING PURSUANT TO MINNESOTA STATUTES SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY, MINNESOTA BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: In the matter of the hazardous building located at 136 Horizon Circle: Legally Described as: Lot 12, Block 3, Carlson's Summit Manor North Addition, Anoka County, as on file and of record in the County Recorder's office of said County. TO: Mr. Harvey B. and Ms. Jean A Johnson, and any tenants, occupants, or other persons claiming an interest in the above described premises 1. Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the City Council of the City of Fridley, having duly considered the matter, finds the above- described building to be a hazardous building for the following reasons: the Chief Building Official of the City of Fridley has inspected the exterior of the home and has determined that the essential structural items of this home such as foundation walls have been compromised by an unusual geological condition on this property. Clay soils often referred to as, "Fatty Clay" have damaged the foundation of this home beyond service. The foundation has buckled and is depressed an inch and a half or more across one face of the foundation. Section 1300.0180.2000 NIN State Building Code, states in part, "any structure that constitutes a hazard to safety, health, or public welfare by reason of disaster or damage, shall be considered unsafe. All unsafe buildings shall be declared a public nuisance and shall be abated by repair or demolition, as referenced in the MN. State Statutes Sections 463.15 to 463.26. The above mentioned property was posted as a hazard in accordance with MN Statute 463.17. 2. The Council further orders that unless such corrective action is taken or an answer is served upon the City of Fridley and filed in the office of the clerk of District Court of Anoka County, Minnesota within 20 days from the date of the service of this order, a motion for summary enforcement of this Court will be made to the District Court of Anoka County. Enforcement of this order shall include, in the City's discretion, the option of razing the structure. The Council orders that all personal property or fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within 20 days, and if not so removed by the owner, and the City then Resolution No. Page 2 determines to raze the structure, the City of Fridley may remove and sell such personal property or fixtures at public auction in accordance with law. 3. The Council further orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes, Section 463.22. 4. The mayor, clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign, and serve such papers as are necessary to comply with this order and to assess the costs thereof against the real estate described above for collection along with taxes. PASSED AD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF JANUARY, 2007 Scott J. Lund, Mayor ATTEST Debra A. Skogen, City Clerk Suzanne M. Holm 7424 Melody Drive Fridley, MN 55432 763-784-7052 holm(n��olden�ate.net December 15, 2006 Fridley City Council 6431 University Ave. NE Fridley, MN 55432 Re: Unity Hospita.l Dear City Council Members: It is my understanding that Unity Hospital is planning to expand up one level in the central portion of the hospital building. I am concerned with the impact that will have on private homes in Melody Manor. The Unity Hospital parking lot facing Lyric Lane has reached the point of encroachment in our neighborhood. There is little separation between the parking lot and our residential streets. I, once again, ask for improved landscaping just as I did in my letter of 2002. I should note that a short fence and a few trees were added along Lyric Lane after October, 2002, but at the same time, the ivy was removed from the chain link portion of the fence. In addition, two or three trees that were part of this improved landscaping facing Lyric Lane, were felled by the October 2005 storm and have not been replaced. Net result: no more ivy "shield," and fewer trees along Lyric Lane. � With the current planned expansion, our neighborhood will once again be faced with construction trailers and much additional traffic on Lyric Lane. The residents of Melody Manor need help from the city. Specifically, please consider adding a stipulation to Unity's expansion request that will require landscaping/fencing to help reduce the neighborhood view of the unsightly employee parking lot and the large heating/cooling systems on the back of the hospital building. Also, does the parking lot entrance need to be as wide or "industrial" in appearance as is currently the case? Walk or drive Lyric Lane during the week and it will be apparent how visible the cars and buildings are from the homes on Lyric. Thank you for your consideration. Please refer to the letter of 2002 which was sent to the North Suburban Hospital Board with a copy to the City Planner. Mr. Bolin told me when I wrote in 2002 that the City could not ask for landscaping on an already a�proved expansion. This time, the approval has not yet been given and you have the opportunity to add the stipulation that will give our neighborhood some relief from an ever growing hospital site. Sincerely, �%�� .��'`�i �� ni7i � Suzanne M. Holm CC North Suburban Hospital Board City Planner, City of Fridley ,!-.e.0 �k /- 3-c, Suzanne M. Holm 7424 Melody Drive Fridley, MN 55432 763-784-7052 holm(�a, o� Idengate.net December 31, 2006 Fridley City Council 6431 University Ave. NE Fridley, MN 55432 Dear City Council Members: A follow-up to my letter of December 15, 2006 regarding Unity Hospital and its relationship to the Melody Manor neighborhood. On Dec. 27, I called and spoke to Ricky Russler, Unity Hospital president. Ms. Russler seemed receptive, as we talked, to improving landscaping on Unity Hospital property facing Lyric Lane, but mentioned it might be better to do so after approval of the current request for ad�litional space needed by Unity. I see a stipulation now, included in their request, as a way to make certain that improvements become a realiTy. On Dec. 28, Scott Hickok (Community Development) and Julie Jones (Planning) joined me on a walk along Lyric Lane to see that view of Unity Hospital's grounds, which consists largely of the hospital's mechanical equipment, smokesta.ck, and parking lot. I consider our neighborhood's view of Unity Hospital from Lyric Lane to be industrial and unpleasant. Ms. Jones and Mr. Hickok, of course, formed their own opinion, but I hope they also saw much room for improvement. Ms. Jones and Mr. Hickok were given a set of my photos of the Lyric Lane view of Unity that were taken on Dec. 18, 2006. I am including a set of�; photos for each of you with this letter. My comments are on the back of each photo. .S Thank you. Sincerely, C%�� Suzanne Holm cc: Scott Hickok (letter c�) �ltas � � �,hm�-� Julie Jones (letter os�) � 1 c,o s��Y�.�}-b Ms. Ricky Russler, President, Unity Hospital (letter only) •# Y�'rl�iam B. Holm I 7d2�1 hleloA} Dr. fVE �i Minnenpolis, eWV 55•432-3263 � .# +:_:�, ;;� ,:� .:?�.� ,�il iC,�- !l ti/ds-t.� j: j`, ' i . . _�, , . �r�'��_r�� `�`�� ---- � u _ . � � � � � - �' ' � �--- _ � ,.>,�� c. l ,�r.1 f" - �I \ / (� ik . ' � i � �. 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V 1}�i � 1�L�Shc � ct,,-,c� lc.i�' li^ct 11 S P�=�-C �"�i 1t� (�� P"ec� i.iC� �� v�5 �les � -}-�z�- ir��,c�c-t° c�S -�t-�z, `rr,��iE� V�6�rc�Pcs �,e� �s��r�- , ]�'c�� -� �res� -I F��- d�x�5►'�Cs Cz�� (-ci f M(��r- �.inclr-:a� 5�-f,i �c;l � � � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JAN UARY 8, 2007 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk January 4, 2007 Approval of City Licenses for JWBB Inc dba Baggans Pub located at 3720 East River Road William J. Bisek has applied for the following licenses for the establishment located at 3720 East River Road: Intoxicating Liquor with entertainment Liquor Managerial License for William J. Bisek Lawful Gambling Endorsement Billiards Food Tobacco 2 am Endorsement A public hearing was held on November 12, 2006 as required by Fridley City Code Chapter 603. The hearing was continued to December 4 and December 11 due to staff concerns. The hearing was closed and approval for the licenses was scheduled for January 8, 2007. At this time staff feels all of the issues have been addressed and would recommend approval of the above licenses with the following conditions: 1 2. 3. That the license not be issued until the Anoka County Health Department, the Fridley Building and Mechanical Inspectors and the City Fire Marshal have given their approval to open and operate a restaurant; and That the State of Minnesota has approved the liquor license. That the license be issued for a 16 month period to expire Apri130, 2008. Memorandum To: City of Fridley Planning Commission From: Timothy B. Grote, Director of Support Services Unity Hospital Date: December 6, 2006 Subject: SUP #06-14 ��a— �5 � — i 1 � c� �P�� It is my understanding that there may be some concerns related to the impact this project may have on parking at Unity Hospital. The following information is provided to help explain the hospital's situation and propose options in lieu of requiring the addition of 36 new parking stalls as a condition of recommending approval of this permit request. Over the course of the past several months, there have been a number of unique and short-term initiatives/changes that resulted in a temporary, one-time impact to parking at Unity Hospital: • Implementation of an electronic medical record (Excellian) — this initiative required a huge influx of additional staff to be on site 24x7 beginning early August and lasting approximately eight to ten weeks. RN staffing levels were increased substantially, temporary staff were on site to perform pre and post go-live data entry, and a good number of Super Users were brought in from various Allina sites to help with the implementation. This did cause some issues related to parking during that period. These groups of additional staff are now nearly gone, and things have returned to near-normal as far as parking is concerned. • Renovation of the Main Floor of the hospital resulted in the temporary closure of a number of parking stalls. These stalls reopened late November. • Mercy & Unity Hospitals are in the process of separating many of its services. This will result in a more autonomous situation for Unity, and should result in somewhat fewer employees on site. In November we began monitoring our parking situation, via both anecdotal observation and actual twice- daily surveys conducted by our Security Department. The surveys were completed during peak times of the day when the demand for parking is the greatest (Monday — Friday, 8:00 a.m. and 3:00 p.m.). The data from these surveys (attached) confirmed our belief that we are able to provide adequate parking on a daily basis, with room to spare. The impact of the Emergency Department expansion and renovation project will have little to no impact on parking. From a patient/visitor perspective, by adding seven additional exam rooms and improving flow, we expect to process patients more quickly and efficiently, thus eliminating what at times are significant wait times and backlogs. The result would be fewer vehicles parked in our lot at any given time. As the data shows, we currently have no issues with the availability of patient/visitor parking, so even if Emergency Department volumes increase (which we hope they may), we will have sufficient parking to support that. We have also examined the impact of staffing levels that will be required to support the services once the project is fully completed. Being that we are only adding seven exam rooms, the worst-case scenario would be that two additional staff would be required per shift. Here again, our data shows adequate staff parking is currently available. Considering the aforementioned information, and the significant cost to construct additional paxking, it is the Hospital's recommendation that no additional parking be stipulated as a condition of approving this permit. Having stated that, because it is certainly in best interest of the City, Hospital, and our stakeholders to ensure adequate parking is available, we propose the following: 1. Continue to perform monthly parking surveys. These surveys will be one-week in duration and will be submitted to the City for review and comment. 2. Initiate a formal study (proof of parking) which will result in options for additional parking when the need arises, along with a storm water management plan. This would commence in the spring of 2007 and be completed by July 30, 2007. The completed study would be shared with the City for their review and comment. 3. Install curb-stops in the "Church Lot" to ensure vehicles cannot access the turf area for parking. 4. Initiate corrective action when deemed necessary. The ComnZission's consideration and approval of this request and its subsequent recommendation to the City Council for approval would be greatly appreciated. Respectfully, ,� �� j _ Timot . Grote attachments / ... � _ � i � � � I� — _ ._ _,. J _..._ — — _' _ � . . I I, �..� � -�. � � �` .. -- � ,- II S!. 11 . — �x. � �x I - i f; ' I . , , ' �5 : - -� f.--._._ --- I� `.�._.�=.,�_ ( �qzv o< (w.WXSSror i s<cwx ._" .—_y_.. f _ - p : I--�TT„� {.93N15 NOS/OYM T— 1 �� rsr 1' _ �..,.. . . ��. _ L1'� _ i�. _--' "'_...'___._T ' � �-------� l� t�..�r'._-._`Ti"-.;'?'il.:� 7 R .,......._ . '�` _ .. j3 7� ; 1 � :a --, r-'- � '_ �� l � ;� il� � r- � ��`�.��, � , �� L'� ,i.i;�i It� Bs�> !�� "": � B� (��t jj'�',I�II� r-6J � ' � f �, . � ,:. �� -�---f_, t � 'it+i ,.I�� .;.� � � � ��,i F �� i�;,.�I � �! Ei ;:L,' � I �—r` t -T r ,... _, ��J „';,: . 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F - ..-__.. � I � r��- � � I.I�`_ � _�' _ _ . M1 �: , � .�.' _ 1� �_ — �—�`�� 3n.�L V 9 = -' ,,�� _ �� - �- ��' �,; � _ , � �� I . - - - ,T- - -�_ T � '� - � _� - _ _ - — _ - - - _ ` -_'_'` _ `I � , � � I� - _ _ :. i ' -=t - , ,~ _ � - �� - , �- � � a�\ � 0 m= 1 0 3< J � � �/ o � :� � 0 0 s � a � � � - -•:..°�. � � CffY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 January 3, 2007 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Rachel Harris, Environmental Planner Special Use Permit Request, SP #06-14, Unity Hospital M-07-01 INTRODUCTION The petitioner, Shannon Bamberry of BWBR Architects, who is representing Unity Hospital, is seeking a special use permit to allow an existing hospital to expand an existing building in an R- 1, Single Family zoning district, located at 550 Osborne Road. The petitioner proposes two changes. The first is a remodel of the Emergency Department. This area to be remodeled, consisting of approximately 11,000 square feet, will include the entire existing Trauma, Treatment and Exam area that was part of the 1984 addition. The second change is an addition that involves building a second story over the existing surgery area, which was built in 1994. Approximately 7,400 square feet of the proposed addition will be developed as an expansion of the existing Emergency Department. At this time, 2,200 square feet of the 9,600 square foot addition will be undeveloped for future internal use. PLANNING COMMISSION RECOMMENDATION At the December 6, 2006, Planning Commission meeting, a public hearing was held for SP #06- 14. After a discussion, the Planning Commission recommended approval of SP #06-14, with revisions to stipulation number six that required an additional 36 parking stalls at the hospital. After hearing evidence from the petitioner, indicating that the additional parking stalls may be unnecessary, the Commission changed the stipulation by adding the phrase "or reach a suitable alternative with staff" to the end of the stipulation. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission, including rewording of stipulation number six. The petitioner has requested an opportunity to conduct further parking studies to verify that additional parking is unnecessary. Staff finds this to be a reasonable compromise and would like to avoid the construction of additional impervious surface for parking at the Unity Hospital site if it is unwarranted. Therefore, staff has further reworded stipulation number six as shown below to instead require proof of parking of the 36 additional parking stalls. Following the public hearing, staff was contacted by a neighborhood resident concerned about the lack of screening between the hospital and the single family homes across Lyric Lane. As a result of those discussions, City Staff also recommends additional stipulations regarding landscaping and screening. See stipulations 9 and 10. When we consider a special use permit for a commercial type use in an R-1 zoning district, we typically would apply the zoning requirements of the corresponding zoning designation (C-1 in this case) to the proposal. Although an expansion upward upon an existing footprint does not typically warrant additional screening, staff agrees with the concerned resident that the view of the hospital's mechanical equipment and parking from Lyric Lane is not in compliance with C-1 code requirements for this type of use next to residential property. Either a fence or vegetative screening is required on the Lyric Lane side of the property. Section 205.13.7.D(6) states All roof equipment, except alternate energy devices, must be screened from public view unless the equipment is designed as an integral part of the building and is compatible with the lines of the building, as determined by the City. Staff is well aware that it is physically difficult to screen roof top mechanical equipment in a manner that continues to provide adequate air flow for the equipment to function properly. We have been in contact with the project architect/petitioner over the past few days, hopeful that an innovative combination of structural screening and landscaping could be designed that would soften the visual impact of this part of the hospital, which is in close proximity to the single family homes across Lyric Lane. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements. 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p. m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary exterior building materials and color scheme. 6. The petitioner shall provide a revised proof of parking plan that increases parking by 36 stalls on the southern side of the parking lot, according to the parking plan dated October 19, 2004 to be reviewed and approved by staff prior to issuance of building permit. 7. Petitioner shall provide a revised site plan to include 115 parking stalls as proof of parking in the northwest corner of property as shown on parking plan dated October 19, 2004 to be reviewed and approved by staff prior to issuance of building permit. 8. Petitioner shall submit grading and drainage, and storm water management plan for the additional parking areas to be reviewed and approved by the City engineering staff prior to issuance of the building permit. 9. Petitioner shall develop a landscape plan to screen the southeast parking areas facing Lyric Lane to be reviewed and approved by staff prior to issuance of building permit. 10. Petitioner shall develop plans for mechanical screening on the south side of building which are acceptable to staff and file a letter of intent to install mechanical screening prior to issuance of building permit. City of Fridley Land Use Application SP #06-14 December 1, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: BWBR Architects Shannon Bambery 380 St. Peter Street, Ste 360 St. Paul, MN 555102 Requested Action: Special Use Permit to allow an existing hospital expand in an R-1 zoning district Existing Zoning: R-1 (Single Family) Location: 550 Osborne Road NE (Unity Hospital) Size: 1,542,209 sa. ft. 35.4 acres Existing Land Use: Hospital Surrounding Land Use & Zoning: N: ROW & City of Spring Lake Park E: General Office C-1 & R-1 S: Single Family R-1 & ROW W: Single Family R-1 & ROW Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(3) requires a special use permit for hospitals. Zoning History: 1965 — Lots are platted 1969 — Hospital constructed 1984 — Trauma, Treatment and Exam area added 1984 — Parking lot expanded 1994 — Surgery unit constructed 2003 — Second story ICU is added Legal Description of Property: Lot 1, Block 1, Maple Manor Addition Public Utilities: Building is connected. Transportation: Osborne Road and Lyric Lane provide access to the property. Physical Characteristics: Buildings, parking areas and trees. SUMMARY OF PROJECT The petitioner, Mr. Bambery of BWBR Architects, who is representing Unity Hospital, is seeking a special use permit to allow an expansion of an existing hospital building to exist as a special use in an R-1, Single Family zoning district, generally located at 550 Osborne Road. The expansion will not increase numbers of beds, but will create larger private trauma rooms and additional staff workspace. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. ■ Hospitals, and expansions of existing hospital buildings, are a permitted sqecial use in the R-1 zonina district. Aerial of Existing Hospital Building and Grounds CITY COUNCIL ACTION/ 60 DAY DATE Planning Commission — December 6, 2006 City Council — January 8, 2007 60 Day — January 1, 2007 60 Day Extension — March 1, 2007 Staff Report Prepared by: Rachel Harris SP #06-14 REQUEST The petitioner, Shannon Bamberry of BWBR Architects, who is representing Unity Hospital, is seeking a special use permit to allow an existing hospital to expand an existing building in an R-1, Single Family zoning district, located at 550 Osborne Road. Unity Hospital is part of the Allina medical system. The petitioner proposes a remodel and expansion of the Emergency Department. The remodeled area, consisting of approximately 11,000 sq. ft., will include the entire existing Trauma, Treatment and Exam area of the original 1984 addition. The second change is an addition that involves building a second story over the existing surgery area, which was built in 1994. Approximately 7,400 square feet of the proposed addition will be developed as an expansion of the existing Emergency Department. At this time, 2,200 square feet of the 9,600 square foot addition will be undeveloped for future internal use. SITE DESCRIPTION AND HISTORY The subject property is zoned R-1, Single Family as are most surrounding properties. The property is located on Osborne Road, east of Madison Street and is approximately 35 acres in size. The parcel of land is comprised of a hospital, other associated buildings, parking lots and a storm water management controls. The initial hospital building was constructed in 1969. Subsequent special use permits were issued to allow expansions. In 1984, the City Council approved a special use permit to add approximately 43,000 square feet for a Trauma, Treatment and Exam area. Additionally in 1984, the City Council approved a special use permit to allow expansion of the parking lots to meet the demand of the new addition. In 1994, the City Council approved a special use permit for a surgery addition. _ a �� _ � a� ,� � � �� -�� :< <,F� X.!�i `aJE�.tFi ��. ��,r ,�i ,�.. � �.,: � i . :; : r, ;; ' Unity Hospital, ? 50 Osborne Rd f� � R-1 � �. F�if �� k `} ��5,.� , � � � '� � 3 � Mi tS � ary � �.. {� � �'.. . ��{� , ;* . .�.� : * .., t F .... � x�*� t' � � W� �:. '2`.'� x :� �� ' .. _ � � .. �i.FSE � .. � 5 .. . ,j '.S . c+' ''' �� '` .,.. .... ....... �. !k ... .... Map of property. Hospital compound is outlined. In 2002, the City Council approved a variance request to increase the size of a wall sign from 3 sq. ft. to 49 sq. ft. in order to replace the sign faces on existing signs. In 2003, the City Council approved a special use permit for a minor addition to the building that added a second story ICU unit. ANALYSIS AND CODE REQUIREMENTS Hospitals are a permitted special use in the R-1, Single Family zoning district, provided that the proposed expansion complies with the requirements for the special use permit, subject to the stipulations suggested by staff. Unity hospital has existed on this site since 1969. Property Designated By Outline - Aerial View The proposed expansion will not increase numbers of beds, but will create larger exam rooms, private settings for waiting patients, a second story staff work station, and an expanded first floor staff area. The property complies with all setback and lot coverage requirements. The addition of a second story complies with building height limits in an R-1 district. This special use permit request was heard by the Planning Commission on December 6, 2006. PLANNING COMMISSION RECOMMENDATION At the December 6, 2006, Planning Commission meeting, a public hearing was held for SP #06-14. After a discussion, the Planning Commission recommended approval of SP #06-14, with the revisions to stipulation number six. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission, including rewording of stipulation number six. The petitioner has requested an opportunity to conduct further parking studies to verify that additional parking is unnecessary. Staff finds this to be a reasonable compromise and would like to avoid the construction of additional impervious surface for parking at the Unity Hospital site if it is unwarranted. Therefore, staff has further reworded stipulation number six as shown below to instead require proof of parking of the 36 additional parking stalls. Following the public hearing, staff was contacted by a neighborhood resident concerned about the lack of screening between the hospital and the single family homes across Lyric Lane. As a result of those discussions, City Staff also recommends additional stipulations regarding landscaping and screening. See stipulations 9 and 10. When we consider a special use permit for a commercial type use in an R-1 zoning district, we typically would apply the zoning requirements of the corresponding zoning designation (C-1 in this case) to the proposal. Although an expansion upward upon an existing footprint does not typically warrant additional screening, staff agrees with the concerned resident that the view of the hospital's mechanical equipment and parking from Lyric Lane is not in compliance with C-1 code requirements for this type of use next to residential property. Either a fence or vegetative screening is required on the Lyric Lane side of the property. Section 205.13.7. D(6) states All roof equipment, except alternate energy devices, must be screened from public view unless the equipment is designed as an integral part of the building and is compatible with the lines of the building, as determined by the City. Staff is well aware that it is physically difficult to screen roof top mechanical equipment in a manner that continues to provide adequate air flow for the equipment to function properly. We have been in contact with the project architect/petitioner over the past few days, hopeful that an innovative combination of structural screening and landscaping could be designed that would soften the visual impact of this part of the hospital, which is in close proximity to the single family homes across Lyric Lane. RECOMMENDATIONS City Staff recommends approval of this special use permit since hospitals are a permitted special use in the R-1, Single-Family zoning district, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, �re, and ADA requirements. 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p. m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary exterior building materials and color scheme. 6. The petitioner shall provide a revised proof of parking plan that increases parking by 36 stalls on the southern side of the parking lot, according to the parking plan dated October 19, 2004 to be reviewed and approved by staff prior to issuance of building permit. 7. Petitioner shall provide a revised site plan to include 115 parking stalls as proof of parking in the northwest corner of property as shown on parking plan dated October 19, 2004 to be reviewed and approved by staff prior to issuance of building permit. 8. Petitioner shall submit grading and drainage, and storm water management plan for the additional parking areas to be reviewed and approved by the City engineering staff prior to issuance of the building permit. 9. Petitioner shall develop a landscape plan to screen the southeast parking areas facing Lyric Lane to be reviewed and approved by staff prior to issuance of building permit. 10. Petitioner shall develop plans for mechanical screening on the south side of building which are acceptable to staff and file a letter of intent to install mechanical screening prior to issuance of building permit. � AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 8, 2007 CffY OF FRIDLEI' INFORMAL STATUS REPORTS