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11/10/2008 - 6169' „- ^� _ . . _ . . - � � QiY OF � � � FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 7:30 p.m. - City Council Chambers Attendance Sheet ALFASS' AR/NT NAM�, ABaRFSS AND ITf'M NdMBSR Y(!U ARS /NTFR�STFt� /N. Fri�# l'�ame (Clear�g) ' Address Iteria No. ' ' ,' �vt, D a- l ` Or � ; � � � �---- o j�- _ / ��{ G°��e.- -� .- +,�. [D� 5 �(OS Ov�ov�cic� a 5. N.�, � �� y pi ��,, � � b 6� � f- �, � S �/ z � M R- v� 1a5 � Z, d�l o-� . jU � � ;k�. � 'ba �� 1�zi `"4�ah t4vssr (�3`10 3-Itirl,#< glr�. IJE lo � rs ehS 1�' l,t�o o�. 'Q ,� �P f I 0 e r j ., (0 3� --• R 2. _ Y� � •a- R.= - r FRfDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 a. = . • � � t�C.i The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Homelessness Awareness Month — November, 2008 BOARD OF CANVASS Receive and Certify the Statement of Canvass from the General Election of November 4, 2008 ............................................................ 1 - 5 ADMINISTRATIVE HEARING Abatement Appeal of Wayne and Kellie Liepke, 1634 Gardena Avenue N.E. ........... 6- 7 CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 27, 2008 OLD BUSINESS: APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Resolution Regarding the Disposition of C�rtain ' Tax Forfeited Lands, Pursuant to Minnesota �u� Statutes, Section 282.01, Located Within the City of Fridley, Minnesota (Ward 3) ,... 12 - 15 J� �'Sl 3. Resolution Authorizing Changes in � Appropriations for the 2008 Budget for August Through October, 2008 .......... 16 -�.8 G-�"`1 �,� Z� o$� � Z- �C� � 4. Resolution Appointing the City of Fridley Alternate to the Six Cities Watershed Management Organization ................� 19 - 20 �,�R�� I�c.o Zoo 8— �3 5. Approve Change Order No. 1 for 2007 Street Improvement Projecf No. ST2007-3 (Quiet Zone Project) .......................... - ............ 21 22 6. Approve Antenna Site Lease Agreement between the City of Fridley and the Metropolitan Council .......................... 23 - 33 7. Claims ......................... 1. Second Reading of an Ordinance Adding a New Chapter to the Fridley City Code: Chapter 8. 8. Licenses f�� Criminal History Background Investigations for � City Employment and Licensing .. 8-11 vr� �� -` �`I9, Estimates V" �` ��J .�, . �. ................ 34 ................ 35 - 36 ................. 37 K -_y� 'F ♦ .- w FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10 2008 PAGE 2 OPEN FORUM (VISITORS). Consideration of Items Not on Agenda —15 Minutes PUBLIC HEARINGS: 10. Consideration of the Assessment for Street Improvement Project No. ST. 2008 —1 (Continued October 27, 2008) ........... 38 - 39 11. Consideration of Public Comments on the City of Fridley's Draft Wellhead Protection Plan (Phase 2) ................. 40 - 41 12. Consideration of Special Use Permit SP #89-08 for Sam's Auto World, Generally Located at 7570 Highway 65 N.E. (Ward 2) ............................................. 42 - 43 OLD BUSINESS: � �w ,�.> 13. Resolution Adopting Assessment for the 2008 �� Street Improvement Project No. 2008 —1 (Tabled October 27, 2008) ............................. 44 - b6 j1�� 2008- 5 � d'"� '� NEW BUSINESS: f`��, } . . "�I.s `¢/ �t'} 14. Resolution Approving the 2030 Comprehensive ,►`�`'' ` Plan for the City of Fridley and Authorizing Staff ��rt to Distribute the Plan to the Metropolitan Council � ............................................... 57 - 61 fZ,� ZD�S-55 , 15. Informal Status Report ...................... 62 ADJOURN: � � CITY COUNCIL MEETING OF NOVEMBER 10, 2008 �ffY �F FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Homelessness Awareness Month — November, 2008 BOARD OF CANVASS Receive and Certify the Statement of Canvass from the General Election of November 4, 2008 .................................................. 1- 5 ADMINISTRATIVE HEAR/NG Abatement Appeal of Wayne and Kellie Liepke, 1634 Gardena Avenue N. E . ..................................................................... 6- 7 CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 27, 2008 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance Adding a New Chapter to the Fridley City Code: Chapter 8. Criminal History Background Investigations for City Employment and Licensing ................................................................... 8- 11 NEW BUSINESS: 2. Resolution Regarding the Disposition of Certain Tax Forfeited Lands, Pursuant to Minnesota Statutes, Section 282.01, Located Within the City of Fridley, Minnesota (Ward 3) .............................................................. 12 - 15 3. Resolution Authorizing Changes in Appropriations for the 2008 Budget for August Through October, 2008 ............................................................................................................. 16 - 18 4. Resolution Appointing the City of Fridley Alternate to the Six Cities Watershed Management Organization ............................... 19 - 20 5. Approve Change Order No. 1 for 2007 Street Improvement Project No. ST2007-3 (Quiet ZoneProject) ................................................................................................ 21 - 22 6. Approve Antenna Site Lease Agreement between the City of Fridley and the Metropolitan Council ................................................. 23 - 33 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Claims .......................................................................................................... 34 8. Licenses ....................................................................................................... 35 - 36 9. Estimates ..................................................................................................... 37 OPEN FORUM (VISITORS). Consideration of Items Not on Agenda — 15 Minutes PUBLIC HEARINGS: 10. Consideration of the Assessment for Street Improvement Project No. ST. 2008 — 1 (Continued October 27, 2008) ...................................................................... 38 - 39 11. Consideration of Public Comments on the City of Fridley's Draft Wellhead Protection Plan (Phase 2) ............................................................................ 40 - 41 12. Consideration of Special Use Permit SP #89-08 for Sam's Auto World, Generally Located at 7570 Highway 65 N.E. (Ward 2) ................................................. 42 - 43 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 4 OLD BUSINESS: 13. Resolution Adopting Assessment for the 2008 Street Improvement Project No. 2008 — 1 (Tabled October 27, 2008) ........................................................................................ 44 - 56 NEW BUSINESS: 14. Resolution Approving the 2030 Comprehensive Plan for the City of Fridley and Authorizing Staff to Distribute the Plan to the Metropolitan Council ........................................ 57 - 61 15. Informal Status Report ................................................................................. 62 ADJOURN. % / .!� < <��/L./.1 � .! LI fs��I:I ��f��s� 1Vovember, ZooB �c:� WHEREAS, the Anoka County Community Continuum of Care, along with the Heading Home Committee is sponsoring a unique, countywide education and awareness campaign to help end homelessness in our shared communities. The month of November will mark the SLEEP OUT 2008, Be Part of Something BIG, FirstAnnual Community Challenge; and WHEREAS, SLEEP OUT 2008 provides a unique opportunity for the City ofFridley to join forces with communities across Anoka County in an effort to promote education and awareness to help enct homelessness; and WHEREAS, the Anoka County Community Continuum of Care and the Heading Home Anoka committees play a vital role in bringing together the community and establishing needed partnerships to support homelessness prevention efforts; and WHEREAS, it is essential that all citizens of the City of Fridley be aware of the importance of homelessness prevention and the impact their participation can have on ensuring that all individuals and families have access to a warm, safe place to call home in our community; and WHEREAS, community partnerships, awareness, and the desire to provide warm, safe housing in our community are important themes ofSLEEP OUT 2008. NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim November; 2008, as HOMELESSNESS AWARENESS MONTH in the City ofFridley, Minnesota, and encourage all citizens to support the SLEEP OUT 2008, Be Part of SomethingBlG, FirstAnnual Community Challenge during the month ofNovember. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affzxed this IOth day ofNovember, 2008. Scott J. Lund Mayor � � �ffY �F FRIDLEY T0: FROM: AGENDA ITEM CANVAS BOARD MEETING OF NOVEMBER 10, 2008 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK SUBJECT: CANVAS REPORT OF GENERAL ELECTION — NOVEMBER 5, 2008 DATE: November 5, 2008 A general election was held on Tuesday, November 4, 2008, for the offices of Mayor and Councilmember-At-Large. Attachment 1 is the Statement of Canvass for this election. State Law states that the City Council must canvas the results within 7 days of the election. I have included the total number of ballots cast in the city for this election, the total number of votes for each candidate (which includes over-votes, under-votes and write-ins where applicable), a true copy of the ballot, and the names of the election judges as required. The voters re-elected Scott Lund as Mayor and Bob Barnette as Council-Member at Large. There were a total number of 15,276 registered voters at 7:00 a.m. and 2,972 Election Day registrations for a total number of 18,248 registered voters. 14,351 registered voters cast a ballot in the City thereby giving the City a voter turnout of 78.6%. Staff recommends a motion accepting and certifying the results of the election. � 0 O � N � � � � � � � � �v � �, o ��z �� .o w � � o � °' �W �� U � a� � a� �7 � � O � � � � � �. O � � � O 4-i r--� � � U � N �--� � � 4--i � �. N � � � % � � � � H .. � � � � � � U � O � � 4-i O �. 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P��l M � N � V �"r * � �"r � * � �, * o � o .� � � O O � O � U � � � � � p; � � ��,o ��z � � ��,�'3 ,� M�Qo�°a�-�� o� � � �Q�� '�H.� � � � ,� � ro ro � � o � � � �� ,�tiC7,�QQdr�;U��i C7W � N -� �, � -� �� o � o ,� �' � � ,� Z � c� � `� �' ri � w ro ° ''� � Z � a p � ,�°' � � � ^�P�.� c� `� � a�.�'' � � �� V�v��N � c� p � �" s.�• U � '�c�' ,.�., i'c�' � '•�• � N :� "3r�C70.�10.�1a0.�1 °ti'�v��Qaa °� � � �� • V � � O 't"�' * � N `+� ,Si N � � � � � � � ,.� � �, ' � . � � N O M O p� �, � O 0� P-i �, 'C 'C � ��y.y��a�y�?-��o�.�+ CC �� CC � Li C� �� p U U Cd 3�ax��ti °�aQr�r�� bA "� �-, � U � � � � � � � � � � � N • �-'��"J- � � bA N � N � � 0 Q Q � � '� �� '� �� ro � � �a3ti��Q � � Q x h 0 � � � H 0 � 0 0 N N W � � 0 z � � � O H v � W � � U W a � � H w O � H � � � O � � H � � H � W C� P� � � � � O O N W � � °z O � N � � ti I "� � � N � N � U �." O U "� � � 0 U � � 0 � � x � � U .� � N O a� Q N "� � � N � N � �U �." O U � � � � � � � 0 � I N b�A � � � �. a� � N .� � v H � H � � 0 U '� O � � � M "� � � N � N � �U �." O U � N U � U � a� 0 ,� � � � � Q � � �ff1' 4F FRIDLE7` DATE: TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 10, � 1 1 : November 6, 2008 William W. Burns, City Manager Members of the Fridley City Council Commission Scott J. Hickok, Community Development Director Hearing Regarding Liepke Abatement at 1634 Gardena Avenue On Monday, November 10, 2008, the City Council is being asked to fulfill an important role. Code Section 128 provides for a hearing process, if the City seeks to abate a nuisance matter on private (or private nuisance on public) property. Both, the City Charter and local ordinances first empower the Fridley Appeals Commission to act as the hearing officer; to render their opinion, when there is a matter of disagreement between City staff and a resident on one of these abatement matters. The Fridley Appeals Commission heard this matter on September 10, 2008, and concurred with staff that an abatement commence on the Liepke property at 1634 Gardena Avenue. Once the decision was rendered by the Commission, the petitioner had 20 days to appeal the decision to the City Council. They complied with the statutory timeline and are entitled to a hearing before the City Council. The purpose of this letter is to describe the role you are being asked to fill in this regard. Council's meeting will convene at its normal meeting time of 7:30PM. Council will consider this item where a service presentation would normally be given at the beginning of the agenda. This item is an appeal, not a public hearing. Because hearings of this type are a quasi-judicial matter, the Mayor will be asking each presenter to swear to the authenticity of the testimony, before they make their presentation. Like in court, you will ask the presenter to raise their right hand and to: Swear that the testimony that you provide will be the whole truth and nothing but the truth. Once sworn in, the presentations will feel very much like those you hear for other land use requests. First, staff will make its presentation. In this case, David Kondrick and Scott Hickok will each make a presentation (Hickok first). Each will be sworn in individually at the time that they are ready to begin their testimony. Council can ask questions of each presenter, after their presentation has been completed. Once staff concludes its presentation, the petitioner will need to be sworn in and then asked to make its presentation. Once their presentation is complete, staff should be given the floor for rebuttal and then the petitioner should be given an equal opportunity for rebuttal. Each is already sworn-in, so that step does not need to be repeated. One rebuttal segment each side (staff and petitioner) is typical for a hearing of this nature. After testimony has been heard, Council should render its decision. A written copy of the finding of fact will then be prepared by staff and signed by the Mayor as final documentation of the appeals matter. A copy of that final signed document will be mailed to the petitioner. Receipt of this document by the petitioner concludes the appeals process (unless the petitioner chooses to pursue other legal remedy). CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 27, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak MEMBER ABSENT: Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager James Kosluchar, Public Works Director Richard Pribyl, Finance Director Fritz Knaak, City Attorney Julie Jones, Planning Coordinator Scott Hickok, Community Development Director PRESENTATION OF PLAQUES: Appreciation Plaque to Diane Savage (Planning Commission) Appreciation Plaque to Ken Vos (Appeals Commission) STAFF PRESENTATIONS: Layne Otteson, Public Works Assistant Director, presented information on the completion of the accelerated Street Reconstruction Proj ect. Don Abbot, Public Safety Director, presented a report on the Quiet Zone. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 13, 2008. APPROVED. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 2 NEW BUSINESS: 1. First Reading of an Ordinance Adding a New Chapter to the Fridley City Code: Chapter 8. Criminal History Background Investigations for City Employment and Licensing. William Burns, City Manager, said the item has been requested by the State's Bureau of Criminal Apprehension. The Fridley Police Department has been processing about 100 background checks per year for employment and licensing purposes. The BCA has requested that the City Council officially authorize this process by ordinance. The ordinance before Council tonight establishes terms, conditions, and processes for the background checks. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE ON FIRST READING. 2. Receive the minutes of the Planning Commission meeting of October 1, 2008. RECEIVED. 3. Approval of the 2009 - 60 Day Action Calendar for the Planning and Appeals Commissions. APPROVED. 4. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2009 Property Taxes. William Burns, City Manager, said staff has listed 502 accounts and delinquencies amounting to $315,797. Since utility customers have until November 14 to pay these delinquent accounts without further penalty, the final count and dollar amount may vary from the list submitted tonight. This count and dollar amount is growing and reflects the growth of property foreclosures in Fridley. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-47. 5. Resolution Amending the City of Fridley's Representative to the Six Cities Watershed Management Organization. William Burns, City Manager, said Donna Bahls of 7514 Alden Way, has expressed an interest in serving as the City's representative to the Six Cities WMO. In view of Donna's very active involvement in the Springbrook Nature Center programs, and her interest in the Six Cities WMO, staff recommends her appointment to this board. ADOPTED RESOLUTION NO. 2008-48. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 3 6. Planning Commission Appointment. William Burns, City Manager, said pursuant to City ordinances, the City Council appoints the Chair of the Planning Commission. In view of the current vacancy created by the resignation of Diane Savage, and the interest in the position shown by the current Vice Chair of the Commission, David Kondrick, staff recommends the appointment of David Kondrick to the unexpired portion of Diane Savage's term. The term will expire in April, 2009. APPROVED THE APPOINTMENT OF DAVID KONDRICK AS CHAIR OF THE PLANNING COMMISSION. 7. Claims (138973 —139076). APPROVED. 8. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): None. PUBLIC HEARING: 9. Consideration of the Assessment for the 2008 Nuisance Abatements. MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:09 P.M. Richard Pribyl, Finance Director, said this is the annual assessment for those properties that the City has expended resources to clean them up in accordance with the City code. There are 56 properties involved in this assessment. The total amount of the assessment will be $52,761.79. The assessment will be for 1 year at 6 1/2 % Interest. Staff will be presenting the assessment resolution later in this meeting for Council's consideration. Debra Johnson, 5329 Fifth Street N.E., presented a letter of appeal to Council. Julie Jones, Planning Coordinator, said staff was trying to coordinate Ms. Johnson's driveway with the driveway next door. The case started in December of 2006 when the first notice was sent to the homeowner. The second notice was sent in January 2007 and several extensions were granted along the way. There were complications with the driveway so the survey was ordered as the driveway comes off of an access easement by a church. Staff could not determine where to put the driveway and keep it on the homeowner's property. It is not common to request a survey but staff did not want the driveway to end up on the City's property. The survey cost was $500 and it was done last fall. When the owner came forward concerned about the expense, staff granted another extension and since then, the homeowner has complied and completed the driveway hiring her own contractor. Mayor Lund asked when the 5-year sunset was for all hard surface driveways to be completed. Scott Hickok, Community Development Director, said the official sunset was in 2001, but it was extended to 2002 before citations were issued. Staff had a special provision for driveways that came off of improved alleys. This was a situation that the alley was asked to be vacated. The City would have preferred to vacate the alley but the City's policy is unless there is 100% agreement, the alley will not be vacated. These two driveways needed to be paved to make a complete alley. There is a garage off this property and the other home as well. Mayor Lund agreed that this is a hardship for the homeowner to take on this expense but vacating the alley would have been the most cost efficient. Ms. Johnson said she needed the alley to have access to her garage. Mayor Lund said the homeowner claims that more than one survey has been done within the last 10 years. Ms. Johnson agreed and said one of the surveys marked the south side of the property. Mayor Lund asked if the homeowner hired a private contractor to put the driveway in. Ms. Johnson answered yes. She said she had permission from the church to access their property, so the driveway is off of that property. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 5 Ms. Jones said the City would have put in the driveway differently. The homeowner ended up moving their shed to put in the new driveway. Mayor Lund said staff gave the notices to the homeowner plus granted several extensions. It sounds like the last extension went past the date. The work needed to be completed and staff did not think you were cooperating. Now it is the property owner's burden to come back to the City and ask for another extension. Ms. Johnson said her husband had medical problems and had medical bills, so that is why they were not able to comply. Mayor Lund said if there are problems they need to be communicated to staf£ Staff usually understands hardships. Council does not want to alienate our citizens. Staff took it upon themselves to prepare for the driveway and called for a survey. Fortunately you hired a contractor before the City completed the proj ect. The City should not pay for the survey. Ms. Johnson said the survey was never used. Councilmember Saefke asked if Ms. Johnson talked to staff about moving the shed. Ms. Johnson said no one said she would need to move the shed. Councilmember Saefke asked Ms. Jones if she ever talked about moving the shed. Ms. Jones said staff never got to that point. Once the property was surveyed, the homeowner asked for another extension in the spring and still had not paved the driveway. The stakes were then moved and there was a dispute on the property lines. There were several extensions granted that were not met. Councilmember Saefke said it is not up to the City to get easements from abutting properties. The agreement with the church and moving the shed was done by the homeowner. He said he agreed with Mayor Lund that from 2006 to 2008, something could have been worked out with staff. He also agreed that City staff works hard with citizens to work out a plan. The homeowner could have talked over the easement or agreement with staff, and maybe then the survey would not have been necessary. From staff's point of view, the survey was the next step because the homeowner had not complied with the notices that were sent out. Councilmember Saefke said the next step was to find out where the property lines were. The homeowner came in compliance with the driveway but negotiated an agreement with the church and moved the shed. The City had done everything they could have to cooperate with the homeowner. The homeowner should have spoke with staff on the issues and why they were not meeting extensions. City staff does their best to try and treat everyone equally. Mayor Lund said the assessment is $765. Ms. Jones said the survey was only $500. He asked what the extra $165 was for. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 6 Ms. Jones said staff time involved was $112.50 which makes the total invoice $612.50. There is also an extra fee if it goes to assessment. Mayor Lund said all staff is looking for is compliance from property owners. The expense is legitimate because if staff had put in the driveway they had to make sure it was on the homeowner's property. The homeowner probably saved money by installing the driveway themselves. Councilmember Barnette asked what survey was used to put in the driveway. Ms. Johnson said she just asked the church for access. Her husband and church officials marked off the property. Mr. Hickok said that staff does not have any issues with the location of the driveway in relationship to the alley. Councilmember Barnette asked if the issue is the homeowner does not think they should have to pay for the survey. Ms. Johnson said correct. They did not use the survey. Councilmember Varichak asked if the homeowner ever called the City to let them know that they were installing the driveway themselves. Ms. Johnson said she called but just left messages. Mayor Lund said it is helpful to contact staff when homeowner's have timelines for documentation and to just state their case. Staff is usually generous with extensions. The homeowner may have even received another extension had staff been aware of their circumstances. Councilmember Saefke asked if the homeowner received a copy of the survey. Ms. Jones said staff did not receive a printed copy of the survey; the survey was done to just stake the property to keep cost as minimal as possible. Mr. Hickok said he received a call from the property owner at 369 - 66th Avenue and they have sold the property. There is a closing set for the property this week and the costs will be built into the sale. The homeowner would like to pay for the cost of the abatement at the time of the closing. Mayor Lund said with the closing in a few days, possibly Council could make an amendment to the resolution that if the closing takes place on or about October 31, the City would forego the 25% administrative costs. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 7 Fritz Knaak, City Attorney, said Council could waive those costs. William Burns, City Manager, said there could be problems with payment so maybe the assessment should stay as is until the payment is received. Mayor Lund asked if the resolution were adopted tonight would it be certified on November 14 to the County. If the assessment is not paid tonight, the assessment price will stand as listed. Mr. Pribyl said on the nuisance abatement, unless there are special situations, this is the cut-off for the resolution. Attorney Knaak said it works either way. Mayor Lund said it should stay listed the way it is. Dr. Burns said Council still has the ability to take it off of the assessment but because it has not been paid, the amount listed is being assessed. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saefke UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:50 P.M. 10. Consideration of the Assessment for Street Improvement Project No. ST. 2008-1. MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8.51 P.M. Richard Pribyl, Finance Director, presented the assessment for Street Improvement Proj ect No. ST. 2008-1. This is for concrete curb and gutter construction which includes both the excavation and installation of concrete curb and gutter. This project includes 328 properties for a total assessed cost of $685,416.17. The assessment is for 10 years at an interest rate of 6'/z%. Staff recommends that Council open the public hearing and continue it until November 10, 2008. This recommendation is due to a problem with not meeting the required two-week mailing notice for the final public hearing. Any testimony taken could cause a defect in the assessment. Staff is also recommending that the resolution under Agenda Item 14 be tabled until November 10, 2008. MOTION by Councilmember Barnette to table the public hearing until November 10, 2008. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 8 UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING TABLED UNTIL NOVEMBER 10, 2008 11. Consideration of the Assessment for the Street Improvement Project No. ST. 2008-2. MOTION by Councilmember Saefke to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8.54 P.M. Richard Pribyl, Finance Director, said this is a continuation of the Assessment for Street Improvement Proj ect No. ST. 2008-2 from October 13, 2008. This assessment is for the mill and overlay street project that involves 56 properties for a total of $107,384.03. The assessment is for 10 years at an interest rate of 6 1/2 %. Staff recommends the public hearing be opened and testimony taken from any property owners wishing to speak The resolution certifying the assessment is Item #12 on the agenda. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:55 P.M. OLD BUSINESS 12. Resolution Adopting Assessment for the 2008 Street Improvement Project No. 2008-2 (Tabled October 13, 2008). MOTION by Councilmember Varichak to adopt Resolution No. 2008-49. Seconded by Councilmember Barnette. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY NEW BUSINESS 13. Resolution Adoption Assessment for the 2008 Nuisance Abatement. MOTION by Mayor Lund make exception on 369 - 66th Avenue and to amend the amount to be assessed on this property less the administrative fee if paid prior to November 14. Seconded by Councilmember Saefke. Rick Pribyl, Finance Director, said that in this case staff is aware the property owner will pay. No one else has come forward saying they were in a situation such as this. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 9 Mayor Lund said that the property owner is willing to pay the abatement fee. One of the discussions would be to pay the bill and settle later. The property owner took it upon themselves to contact staff and asked for a three-day extension. Attorney Knaak said that in protection, Council has to treat someone in an identical circumstance the same. If someone else in a similar circumstance comes forward, Council would have to deal with them in the same manner. Mayor Lund said that Council tries to treat everyone the same and be cooperative. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to adopt Resolution No. 2008-50. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Resolution Adopting Assessment for the 2008 Street Improvement Project No. 2008-01. MOTION by Councilmember Varichak to table the resolution until the November 10, 2008, City Council meeting. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Barnette said he received a call from a homeowner asking why they are being assessed on the street proj ect before the proj ect is completed. Jim Kosluchar, Public Works Director, said the project is not completely done but the majority of the project will be done by November 10. The City will complete the work in the spring, but the bulk of the work will be done this year. William Burns, City Manager, said that the estimated time for the project to be completed is November 3 through 10. Mr. Kosluchar said that most of the work will be done by November 3. 15. Informal Status Reports. Councilmember Varichak said on Saturday a paper shredding event will be held at City Hall from 9:00 a.m. to noon. She also reminded everyone to vote on Tuesday, November 4. If people are not sure where to vote, they can call the City or access the City's website for information. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 10 ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:45 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor � � CffY OF FRIaLE'f AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 10, 2008 To: William W. Burns, City Manager From: Don Abbott, Public Safety Director Brian Weierke, Police Captain Deborah Dahl, Human Resource Director Richard Pribyl, Finance Director Debra Skogen, City Clerk Date: Re November 6, 2008 SECOND READING OF AN ORDINANCE ADDING A NEW CHAPTER TO THE FRIDLEY CITY CODE: CHAPTER 8. CRIMINAL HISTORY BACKGROUND 1NVESTIGATIONS FOR CITY EMPLOYMENT AND LICENSING The Bureau of Criminal Apprehension (BCA) audits Law Enforcement Agencies every few years for compliance with criminal justice data practices. The BCA has guidelines regarding local law enforcement access to Minnesota Computerized Criminal History (CCH) information for non-criminal purposes. After our last audit, the BCA recommended that we have a city ordinance in place regarding background checks for city employment and licensing purposes that use criminal justice data. The Fridley Police Department completes approximately 100 background checks per year. Staff worked with the League of Minnesota Cities in drafting an ordinance that is acceptable to the BCA. The audit guidelines require: o A city adopt an ordinance regarding the use of CCH data for hiring and business licenses background check purposes. o Access to CCH data is limited to a law enforcement agency. o The ordinance expressly authorizes the use of CCH data for the screening of the applicant. o The ordinance must comply with Minnesota Statutes Chapter 13 with specific attention to the elements of the "Tennessen Warning" and "Informed Consent." o Notification of the applicant for reason(s) of denial of employment or license and of the process for questioning CCH results at the Bureau of Criminal Apprehension (BCA). Background Investigations November 5, 2008 Page 2 Staff inet to discuss the requirement and drafted an ordinance which has been reviewed by the City Attorney and the BCA. A few small changes have been made and the ordinance now meets the BCA requirements. The first reading of the ordinance was held on October 20, 2008. Staff recommends the second reading of the ordinance. ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER TO THE FRIDLEY CITY CODE: CHAPTER 8. CRIMINAL HISTORY BACKGROUND INVESTIGATIONS FOR CITY EMPLOYMENT AND LICENSING The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended by adding the following Chapter as follows: CHAPTER 8. CRIMINAL HISTORY BACKGROUND 1NVESTIGATION FOR CITY EMPLOYMENT AND LICENSING 8.01. PURPOSE The purpose and intent of this Chapter is to establish re�ulations that will allow the Citv of Fridlev Police Department access to Minnesota's Computerized Criminal Historv information for specified non-criminal purposes of emplovment and licensin� back�round investi�ations. 8.02. CRIMINAL BACKGROUND 1NVESTIGATION FOR CITY EMPLOYEES AND APPOINTEES. The Citv of Fridlev Police Department is required to do a criminal historv back r� ound investi�ation on the a�plicants for all re�ular full-time, re�ular part-time, seasonal, and temporarv emplovees who are finalists for paid positions; and selected appointees, volunteers, a�ents and independent contractors who work with the public involvin� at risk populations such as vulnerable adults, children or the disabled; or who mana�e, handle or coordinate si�nificant citv assets, sensitive data or financial materials. 8.03. CRIMINAL BACKGROUND 1NVESTIGATION FOR CITY LICENSING The Citv of Fridlev Police Department is required to do a criminal historv back�round investi�ation on the all of the a�licants for business licensin� as a matter of public safet� 8.04. PROCESS OF CRIMINAL BACKGROUND 1NVESTIGATION 1. When conductin� the criminal historv back�round investi�ation to screen emplovment and license a�plicants, the Police Department is authorized to access the a�propriate code maintained in the Minnesota Bureau of Criminal A�rehensions Computerized Criminal HistorX information. Anv data that is accessed and acquired shall be maintained bv the Police Department under the care and custodv of the chief law enforcement official, or desi�nee, and retained as required bv the General Records Retention Schedule for the Citv of Fridlev Police Department. A summarv of the results of the Computerized Criminal Historv data mav be released bv the Police Department to the Citv Council, Citv Mana�er and citv staff as appropriate. 2. Before the investi�ation is undertaken, the a�licant must authorize the Police Department bv written consent to undertake the investi�ation. The written consent must fullv com�ly with the provisions of Minnesota Statutes Chapter 13 re a� rdin� the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the Citv will not reject an a�lication for employment or a license on the basis of the a�plicant's prior conviction unless the crime is directiv related to the position of emplovment or license sou�ht and the conviction is for a felonv, �ross misdemeanor, or misdemeanor with a jail sentence. If the Citv rejects the a�licant's request on this basis, the Citv shall notifv the applicant in writin� of the followin�: A. The �rounds and reasons for the denial. B. The a�plicant complaint and �rievance procedure set forth in Minnesota Statutes Section 364.06. C. The earliest date the a�licant mav rea�lv for emplovment or license. D. That all competent evidence of rehabilitation will be considered upon rea�plication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: October 27, 2008 Second Reading: Published: � � C1TY flF FRIaLE'f DATE: TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 10, 2��8 November 7, 2008 William W. Burns, City Manager Scott J. Hickok, Community Development Director Jack Kirk, Parks and Recreation Director Certain Forfeit Lands in Fridley INTRODUCTION On September 5, 2008, Larry Dalien, Director Property Records/Anoka County Land Commissioner, prepared a letter regarding land that is being considered for sale through the County tax forfeiture process. There are 3 parcels total, two of the parcels belong in Glencoe Park and will need to be purchased by the City for a nominal fee ($100.00/each, plus filing fees). The third parcel, staff does not recommend that the City purchase. It is on 71 '/z Way north of the juncture of Riverwood Drive and would serve no useful purpose for the City. A resolution has been attached for Council's consideration. ELEMENTS TO CONSIDER The packet of information is prepared and sent annually to cities in Anoka County that possess parcels that have been forfeited for non-tax payment. Our report shows that in Fridley, we have three pieces that are ready to be sold by the County. One is Outlot A, Gary Obrycki Addition. That lot is substandard in size as a buildable lot and may be best used as an addition to an adj acent residential parcel. The second parcel is the peculiar one. It is in Glencoe Park in Riverview Heights. Those of you familiar with Glencoe Park know it is a small park It is made up of several turn- of-the century platted, residential parcels. The park is the rough equivalent of five 50' wide residential home sites, or ten 25' wide lots. Lots 17 and 18 are each 25'X 110', and have always functioned as part of the park As it turns out however, these parcels were not dedicated to the City as park Instead, an entity called; Riverview Playgrounds, Inc. owned the lots. Though there has not been time to fully analyze the rest of this entity's history, our assumption is that RP, Inc. was likely a homeowner initiated effort to preserve additional land as park, rather than having more homes on Glencoe Street. Tax Forfeit Parcels November 7, 2008 PAGE 2 Nonetheless, that interest now appears to have waned and the taxes have no longer been paid, therefore the land would be offered for sale. If the City does not choose to purchase the property a new home could then exist in the middle of Glencoe Park Jack Kirk has indicated that it is his desire to maintain the parcel as park land and that the nominal cost of acquiring the parcel would come from his Park's Capital Budget. Mr. Dalien has indicated that the price for the City to purchase will be $100 per parcel, plus filing fees. If we were to buy the other parcel and it would not be for park land, an appraisal would be necessary and we would pay market value for that parcel. This fact further supports our recommendation to pass on the purchase of that particular remnant of land. RECOMMENDATON Staff recommends that council approve the attached resolution to purchase Lots 17 & 18 Block S Riverview Heights, Subject to Easement of Record. Staff also recommends that the City forgo the purchase of Outlot A, Gary Obrycki Addition. RESOLUTION NO. -2008 RESOLUTION REGARDING THE DISPOSITION OF CERTAIN TAX FORFEITED LANDS, PURSUANT TO MINNESOTA STATUTES SECTION 282.01, 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 three tax forfeit parcels identified by the Anoka County Land Commissioner; Legally described as OUTLOT A GARY OBRYCKI ADDITION, and LOTS 17 & 18 BLK S RIVERVIEW HEIGHTS, SUBJECT TO EASEMENT OF RECORD, Anoka County, as on file and of record in the County Recorder's Office. WHEREAS, Pursuant to Minnesota Statutes, Section 282.01 the Council of the City of Fridley, having duly considered the matter of the three identified tax forfeited parcels desires to purchase for park purposes two of the three parcels listed as: LOTS 17 & 18 BLK S RIVERVIEW HEIGHTS, SUBJECT TO EASEMENT OF RECORD, Anoka County, as on file and of record in the County Recorder's Office; and WHEREAS, Pursuant to Minnesota Statutes, Section 282.01 the Council of the City of Fridley, having duly considered the matter of the three identified tax forfeited parcels desires not to purchase the single parcel listed as: OUTLOT A GARY OBRYCKI ADDITION, Anoka County, as on file and of record in the County Recorder's Office; and; WHEREAS, if the City Council desires to acquire any parcel lying in the municipality by procedures authorized by Section 282.01, it shall, within sixty days of the request for classification of sale, file a written application with the County board to withhold the parcel from public sale for six (6) months; and, NOW, THEREFORE, BE IT RESOLVED, Council authorizes that City staff commence with filing of a written application and the eventual purchase of LOTS 17 & 18 BLK S RIVERVIEW HEIGHTS, SUB7ECT TO EASEMENT OF RECORD, Anoka County, as on file and of record in the County Recorder's Office; and NOW, THEREFORE, BE IT RESOLVED, Council also recognizes that OUTLOT A GARY OBRYCKI ADDITION, Anoka County, as on file and of record in the County Recorder's Office; will be offered for sale to the public and at this time the City declines the opportunity to purchase said parcel. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOt'' DAY OF NOVEMBER, 2008. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � � �ffY �F FRIDLEY TO: FROM: AGENDA ITEM COUNCIL MEETING OF NOVEMBER 10, 2008 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG ELLESTAD, ACCOUNTANT SUBJECT: MODIFICATIONS TO THE 2008 BUDGET Attached you will find a resolution amending appropriations to the 2008 Budget in accordance with the City Charter. The adjustments listed have arisen as a result of various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget Reappropriation form. We request that the Council approve the amendment of the attached budgets. 1:7�7�[�_'. Attachment Resolution 2008 - A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2008 BUDGET FOR AUGUST THRU OCTOBER, 2008 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2008 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the following funds will be amended as follows: GENERAL FUND REVENUE ADJUSTMENTS Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Fire-Donation Transfer In From Other Funds APPROPRIATION ADJUSTMENTS Police-Other Services & Charges Police-Supplies Police-Other Services & Charges Police-Supplies Police-Personal Services Police-Capital Outlay Police-Other Services & Charges Fire-Supplies Other Financing Uses SPECIAL REVENUE FUND REVENUE ADJUSTMENTS Transfer In From Other Funds APPROPRIATION ADJUSTMENTS 186 Anoka Court 799 Federal Grant 810 Anoka County 1,897 Anoka County 4,592 Federal Grant 10,000 Federal Grant 15,621 State Grant 325 Various Organizations 20,900 Transfer from Police Activity Fund 55,130 186 Restitution Squad 360 799 Bullet Proof Vests 810 Detox Transport 1,897 DARE 4,592 Operations Night Cap 10,000 Squad Video Cameras 15,621 POST Training 325 Operating Supplies 20,000 Transfer To Police Activity Fund 54,230 20,000 Transfer from General Fund Other Financing Uses 20,900 Transfer To General Fund REVENUE ADJUSTMENTS Transfer In From Other Funds APPROPRIATION ADJUSTMENTS Other Financing Uses CAPITAL IMPROVEMENT FUND and STREET FUND 102,554 Transfer from Street Fund 566 102,554 Street Fund 566 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY OF NOVEMBER, 2008. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 10, 2008 William W. Burns, City Manager Roberta S. Collins, Administrative Assistant November 6, 2008 Alternate to Six Cities Watershed Management Organization At the Council meeting on October 27, 2008, Ms. Donna Bahls was appointed as the representative to the Six Cities Watershed Management Organization. No alternate was chosen at that time. The attached resolution appoints Jerold Bahls as the alternate representative to the Six Cities Watershed Management Organization. Staff recommends Council's approval. Attachment RESOLUTION NO. 2008 - A RESOLUTION APPOINTING THE CITY OF FRIDLEY ALTERNATE TO THE SIX CITIES WATERSHED MANAGEMENT ORGANIZATION WHEREAS, the City of Fridley entered into the Joint Powers Agreement establishing the Six Cities Watershed Management Organization, and WHEREAS, the City may appoint one representative and one alternate representative as a member of the Six Cities Watershed Organization, and WHEREAS, the appointed member may also be designated as the Subdistrict Representative of the Six Cities Watershed Organization, and WHEREAS, Resolution 108-2000 appointed John Flora as the City representative and John Haukaas as the alternate representative to the Six Cities Watershed Organization, and WHEREAS, Resolution No. 2008-48 appointed Donna Bahls as the City of Fridley Representative. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley, Anoka County, Minnesota, hereby appoints Jerold Bahls as the Alternate to the Six Cities Watershed Management Organization. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOTx DAY OF NOVENIBER 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 10, 2008 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne R. Otteson, Assistant Public Works Director November 10, 2008 2007 Street Improvement Project ST2007-3 - Change Order #1 I',L�LI�:�IL�iI Attached is Change Order No. 1 for the 2007 Street Improvement Proj ect No. ST. 2007-3, commonly referred to as the "Quiet Zone Proj ect". This change order includes additional work required to adjust the driveway farther way from the railroad tracks on 77th Way. The adjustment meets spacing requirements between the driveway and the future 3rd rail line for the North Star Commuter Rail. Staff coordinated this adjustment with BNSF and Federal Rail Authority personnel to keep the quiet zone order in effect should the future line be installed. The work includes boulevard grading behind the curb and sprinkler line relocation. The amount of this change order is $1,438.55. Recommend the City Council approve Change Order # 1 to Hardrives, Inc. in the amount of $1,438.55. The revised contract amount is now increased to $129,796.90. LRO Attachments Page 1 of 1 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Hardrives, Inc. 14475 Quiram Dr. Rogers, M N 55374-9461 SUBJECT: Change Order No. 1— 2007 Street Improvement Project No. ST2007-3 Gentlemen: November 10, 2008 You are hereby ordered, authorized, and instructed to modify your contract for the 2007 Street Improvement Project No. ST2007-3 by adding the following work: Item No. Item Description Cost 1 Excavate and place topsoil behind curb at 55 77th Way. $373.40 2 Remove and reinstall sprinkler heads and piping at 40 77th Way and 55 $1,065.15 77 Way. Total �1,438.55 Submitted and approved by James Kosluchar, Director of Public Works, on the 10th day of November, 2008. James P. Kosluchar, Director of Public Works Approved and accepted this day of , 2008 by Hardrives, Inc. Approved and accepted this day of , 2008 by CITY OF FRIDLEY Scott J. Lund, Mayor Wlliam W. Burns, City Manager � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 10, 2008 William W. Burns, City Manager James Kosluchar, Public Works Director November 10, 2007 I,�JL��:�iLy Metropolitan Council Antenna Lease for Commons Park Water Tower In July, the Metropolitan Council contacted Paul Bolin and me with a request for a possible antenna lease for the Commons Park Water Tower. The Manager of Communications for Metro Transit, Dan Bullock, advised he was working with the North Star Project office to obtain leasing agreements for water towers to complete a communications path that will provide video security, platform announcements and signage, etc. Mr. Bullock requested our standard antenna lease agreement. We received a modified site agreement in September for review. Upon request, City Attorney Fritz Knaak reviewed the proposed site agreement, and approved the proposed language. The proposed lease allows for three antennas, power supply, cabling and control panels. According to Mr. Bullock, one antenna would be aimed at the Coon Rapids Water Tower, one aimed at the City Center downtown, and of course the other at the Fridley commuter rail station. The term of the lease is five years, with a possible four-year extension. I have attached the Lease Agreement. The Lease Agreement varies from previous lease agreements as follows: 1. The language is as provided by Metro Transit staff. This will allow them to utilize their standard lease they have for other locations. 2. The amount of the lease is not at our typical market rate. As this is part of a cooperative project between the City and the Metropolitan Council, special consideration has been given to lessen the impact to public transit fares. Staff recommends the City Council approve the attached Lease Agreement between the City of Fridley and the Metropolitan Council. JPK/jpk Attachment SITE LEASE AGREEMENT FRIDLEY Thxs Site Lease Agreement ("Agreement") is made as of this day of. 2008, by and between the City of Fridley, a Minnesota municipal corporation ("LESSQR.") whose address is 6I31 University Avenue NE, Minnesota 55432 and the Me�ropoliian Council, a pixblic corporation and politic,al subdivision of the state {"LESSEE") whose address is 390 North Robert Street, St. Paul, MN 55102 for the leasing of certain real property pursuatat to the following #erms: �. PROPER.TY. The property interests hereby Ieased (collectively, the "Leased Premises") and granted by LESSOR. include the following property: The pr�perty is located at 601 61 St Avenue Fridlev, Minnesota. The propeiiy is comprised of the water tower ("Stniciure") exterior space for attachment of non-guyed antennas, space required for cable runs to carnlect equiprnent and antenzzas, non-exclusive easements required to run utiliiy lines/cables, a non-exclusive easement acrass L,ESSOR property, {hereinafter defined) far access in ar upon the LESSOR.'s real property ("LESSOR's Property"). I,ESSOR's Property is legally described in Exhibit A attached hereto, and the locations af the equipment and antennas on the Structure are depicted in Exhibit B attached hereto. 2. TERM. The i�itial term of this agreement shall commence on the effective date of this Agreement, and shall terminate on Decen-�ber 31, 2013. 3. OPTION TERM. L,ESSEE may extend the term of the Agreement far an additional four 4 year option periods. Unless LESSEE gives LESSOR written notice of its intention not to extend at least Ninety (94) days prior to the expiration of the then-cuirent term, the applicable Opiion Period shall be deemed effective. 4. RENT. The L,ESSEF shall pay LESSOR fve hundred dollars (�500 er ear for the use of the Leased Premises. ,5. IJSE. LE�SEE may use the Leased Premises for the purpose of installing, removing, replacing, mainta.ining, modifying, altering and operating its commnnication fixt�xes and related equipment antennas, cables, accessories and improvements (collectively, the "Communications Facilily"}. The manner in which the Cornmtulications Facility may be attached to the Leased �'remises shall be dqciunented in E�ibits A and B and any subsequent documents as needed, and is subject ta the prior approval by LESSOR, sucli approval not ta be tuu�easonably withheld, conditioned, or delayed. Any �raposed modi�cations ar alterations to the I,ESSOR's structure that znay affect its structural integrity shall be incl2ided in the dacurnentation provided by the LESSEE and shall inchzde plans and drawings signed hy a professional structural engineer licensed in the State of Minnesota. LESSOR. shall provide LESSEE with supervised twenty-four (2�) hour, seven (7} day a week. year round access to the Leased Premises. Premises, this Agreerneni shalI terminate as of the date af the casualty if I,ESSEE gives written notice of the same within thzrty (30) days after LESSEE receives notice of such casualty. 14. QLIIET EN34YMEI�T. L,ESSEE, upon performance of its obligations hereunder, shall peaceably and quietly have, hold and enjoy the I.,eased Premises. LESSOR shall not cause or perrnit any use of LESSOR's property that interferes with or impairs (a) the integrity of the Communications Facility and/or the Structure to whir.h it is attached, or (b) the quality of the cammunication services being rendered by LESSEE from the L,eased Premises. LESSEE shall not cause or permii any use of LESS�R's Property that interferes with or impairs (a) the integrity of the LESSOR's Property and/or the Strur,ture to which it is attached, or (b) the use of the Structure for its intended purp�se of �ortable water and property storage. 15. DEFALJLT. Except as expressly lirnzted hereby, LESSOR and I,ESSF,E shall each have such xemedies far the default of the other party hereta as may be provided at law or equity following written notice of such de#'ault and failure to cure the same within t�iirty (34) days, provided, however, that neither pariy will be in nan-monetary default under this Agreennent if it commences cizring any such non-manetary default within such 30-dayperiod and thereafter diligently prosecutes the cure to completion. 16. INTERFERENCE. LESSE' S equipment sha11 be installed and operated in a manner which does nat cause interference with LESSOR equipment or existing equipment of other lessees. Shotzld any such intez�£erence occur, LESSEE shall diligently pursue a cure to remove �r satisfactorily attenuate such interference. If such interference to the existing equipment cannot be cured or satisfactarily attenuated, LESSEE agrees to immediately stap using its equipment if so demanded in writing by LESSOR. LESSOR agrees to use all reasonable effort to afford L,ESSEE protection from interference which may be caused by tlae operations af subsequent additional usexs of I,ESSOR's Property. 17. MAINTENANCE, IMPROVEMENT EXPENSES. After initial installation, LESSEE shaXl obtain written approval prior to undertaking any m.odification o�its communications facility, which approval sha11 not be unreasonably withheld. Natwithstanding the foregoing, LESSEE shall be allowed to replace and upgrade any af its existing equipment upon fifteen (i 5) days prior written notice to LESSOR, as long as any such replacement or upgrade equipment does not exceed in size or number LESSEE's then-existing equipment. All modifications to the Leased Premises and all iznprovements made for LESSEE's benefit shall be at LESSEE's expense and such improvements, including the Comrnunications Facility and equipznent, shall be znaintained in a good state af repair. In the event LESSOR's reasonable maintenance of L.ESSOR's Property affects areas involving the Leased Premises, LESSBE agrees to protect its equipment from such repairs at LESSEE's sole cost and expense. 18. MISCEr,L.ANEOUS. A. LESSEE and LESS(3R each acknowledge and represent that it is duly organized, validly existing and in goad standing and has all rights, pc3wer and authority to enter into this 3 IN VViTNESS WHEREC3F, the parties have executeci this Agreement as of the day and year fixst above wz�itten. LESSOR: LESSEE: CITY OP FRIDLEY NLETROPOL,ITAN COUNCIL : �y: zts: Its: Exhibit B Communications Equiprnent �.ocations � y�y � �- � � � �' �r� � � r � ,'a ��, � ' �' � �, ,t a��i ,�'� ' �� p ��:. � � ,.�x. Type Planar Array Regulatory Compliance ETSI EN 302 0$5 V 1.1.2 (2001'-02) ! Frequency Range �5.25-5.85 GHz �� Gain 28 dBi (min) VSWR 1.5;1 (typ) 1.7:1 (max) 3 dB BW 4.5° (typ) Polarization Linear (Vertical or Horizontal) Cross Polarization 28 dB {max) Sidelobe Level ETSI EN 302 0$5 V1.1:2 (2001-02) TS1-TSS Range l Lightning Protection I DC Grounded Dimensions (LxWxD) 600 x 600 x 55 mm � Weight 5 kgs (max) Connector N-Type Female* Temperature (operating) -45°C to +70°C ' Wind Load (Survival) 220 km/hr Radial Ice Load 25 mm Mounting Kit MT-120003 (See Mounting Kit section) CONNECTOR SMA PEM-BSOS 632-10 RIGNT ANGLE 14P�. 14 - MT-486001 � AGENDA ITEM � COUNCIL MEETING OF NOVEMBER 10, 2008 �ffY �F FRIDLEY CLAIMS 139079 - 139290 � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 10, 2008 ��F LICENSES FRIDLEY Type of License Applicant Approved By: CHRISTMAS TREE SALES Home De ot #2802 Communit Develo ment 5650 Main St Fire Ins ector Public Safety CHRISTMAS TREE SALES Bob's Produce Ranch Community Development 7620 Universit Ave Fire Ins ector Public Safet CHRISTMAS TREE SALES Bachman's Inc. Communit Develo ment 8200 Universit Ave Fire Ins ector Public Safet � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 10, 2008 ��F LICENSES FRIDLEY � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 10, 2008 � �F ESTI MATES FRIDLEY Standard Sidewalk 10841 Mankato Street N.E. Blaine, NIN 55434 2008 Miscellaneous Concrete Project No. 375 EstimateNo. 4 ..................................................... Midwest Asphalt 5929 Bake Road, Suite 420 Minnetonka, MN 55345 2008-1 Street Improvement Project Estimate No. 6 ................................. Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 2008 Street Improvement Proj ect No. 2007-3 EstimateNo. 3 ..................................................... $ 8,190.18 $396,492.91 $ 9,522.78 � � �ffY �F FRIDLEY T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 10, 2008 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE STREET PROJECT NO. ST. 2008-1 DATE: November 5, 2008 Attached is the Public Hearing Notice for the assessment for the Street Project No. 2008-1. The Public Hearing Notice was published in the Focus newspaper on October 9, 2008 as required by State Statute. RDP/gt Attachment �o -- /s—o 8` .; ,. _ . �"o : �Le�l� o�' �o c,� �-�' o� /�%fl 0 �. ,�unl Q �� R�J in1q : O� d �+ ��e-T -�� a�Nn'j e•�IT � ( �'o�c�rNO. ST�aa$—/ �� ,q ,�' �j � 0 % `� ss�ss�� P • _a ff�i�sh�P d- � F s.�e-� rc.� p Q� cc�':o� ,Du� . .J , .� o hr� sc� n1 �- � o �✓ �✓/� �iQ � �Z R a l,,,� p� �/ e� s, �`i�leo L- r•�/rJcso-r�l 1� a � _ ,�e j ,ro,� -�" - N � �- ��° � ss�� - �� a.33a��`�.3ao�� e� fF�J � �J ��1 �. �� o�l e� 1�� uc��- � �'l e.�' � v� � r��S BQdL �lou.�.o � .� 1 � a . �o, 80� �� 0 � I � �'-�l S ��u"�'l- .�7' ,�'�, � � �• � C� • /� RA S� i��O �A , cu.�.,• ,�j jSf� 81 [a � � � on� -SoG� !� L,.S� ��„2,T`j C S � , / . �"f �S V � , s Ve,� `J �a�� N Co �✓I c- � LO /l � fl �u � � oirrf � i/�1Gs •�.�u '��° � '� 4,�-� S a� F` , F'`,► cu-�-�,r' ��(i e s c. � S'tX �� _...� r � �} �e S � V �A a u �e. ��-OO � `F�2l� � �R ,�;,�,� ��N l ?� , a �, . �► o n�r✓ � � � �f fi'�4c_ 4' eJ�-- � 7 � s G� � S'6 �t G � �� },J ` � r°'2 .56�'l G � � �s �it% � �� o �1 �i, �, o v �� %% /ao, /./� �«,o. �� S (/V / / °�� c �/'/I e- �S/Qa ��'�"E , • �7d �! �'% �' ��Y e--- �� , �f o �!`�Cf1- f�/�,� /✓b �Ie� v�- �.-�� J �lg s � � �' / ` o� � � ! ,¢R q�e.� � a �e �� / 1i✓ � / W�RQ � � � � � � �� ,�-� �_` r_-; _--"'"�� . 6 � ��/ �% � `` �� < r` %� � !��i�1f��'�-- U' ��'' r � � y •u�t�is��d .zno� ��Zrn �jnsuo� as�ald •no� .zo� a��.�do.zdd� st aaau pa�sil a��uza�j� ar�� t aaiui.za�ap u�� u�i��s�C�d .zno� �jtip •�.tup pa��a�� aij� s� .zai� �Li�.��us-�so� Io ss�j��C.zo�a�� nad�.�atj� auz�s au� ut s�nrp az� s�n.�p ant��u.za�jd� ��o�o� III IIII IIIII IIIII IIIII IIIII �:,�;;, >. : �� .: »�;:;:':, „�::��....;.>. ,r.....,<�K,. � � � � Qouglas Beckiin Onondaga St., NE Fridley MN 55432 (763) 786-9346 RE: Assessment Appeal 2008 Street lmprovement Project ST 2008-01 I had received letters from the City informing me of the above project. i"he original letter stated that the information was just a curiosity and my property would not to be assessed since the project started at my western lat line and continued west to Central Avenue. The information was also being provided because the street improvement proj�ct was going to interfere with the use of my property (d�iveway access). A large hole was dug at the intersection at the end of my driveway to perforrn work or� the sanitary sewer. Upon completion of the project I received a letter dated October 13, 2008. The letter stated my property as being assessed $858.00. I contacted the City for ciarification and was told that the assessment was to pay for the street reconstruction caused by the sewer work. The {etter stated that the street reconstruction covered 60' along the sauthern edge of my property. I took issue with the measurement and re-measured myseff and found it to be slightfy more than 42'. The City re-measured and agreed. I asked for a corrected letter, and the City said that they would not provide one until they consulted the City Rttar�ey. ! insisted, and received a co�rect I�tter an Qctober 31, 2008. The corrected letter included a waiver of appeal that I'm supposed to sign. l fee! that the City has treated me poQrly because �f their reluctance to correct the letter and then the waiver that I now have to sign. I feel my property should not be assessed for the following reasons: • I was not included in the project at its inception but was informed of it after its completion. • The street repair in .firont of my property was the result of sewer work and not the street improvement project. � �� av � 2oos cErv o� r�c��Y E�GiNEERit�G r� = .:;�,�_ �� vs �Y.:- UTYOF FIZ[DLEY FRIDLEY MUNICIPAL CENTER • 6431 LTNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534 November 7, 2008 Doug Becklin 1405 Onondaga Street Fridley, MN 55432 RE: 2008-1 Street Improveme�zt Assessment Appeal PIN 123024130066 Dear Mr. Becklin: ,� � _ . PW08-056 This letter is in response to your letter of assessment appeal received today. Please note that as the property referenced is not included in the assessment roll, you are not subject to special assessment at this time. Your refusal to provide the assessment waiver will not allow the City to include you on the assessment roll this year. City policy is to assess a portion of the roadwork to adjacent properties that already have concrete curb and gutter. Your assessment is for the cost of removing the pavement and the installation of pavement. I understand that you choose not to authorize assessment at this time through the previously provided waiver. The City plans to schedule additional hearings to enable assessment of your property consistent with its current policies. If you require any clari ication of this information, or if I can Ue of any further assistance, please feel free to contact me at (763) 572-3552. Sincerely, , , - j i�� mes Kosluchar �=Public Works Director � Attachment Cc: William Burns, City Manager Rick Pribyl, Finance Director Layne Otteson, Assistant Public Works Director r , . • r �� y I'�I l y I i I I I,�PII I,, � �y '. ,� � � � � 3�,. �� .. �� `�� ' ; y, � #�r � T .. ;'� "�� , x a:' � �i' "�s r �?1 ,'�" � .t.�" ,. . ,� � a.b.�.. �?}��,,i.r _ �✓� a.Wn ��- .c a°� � ,d' � '�S ; „� ?- ra� -, � �,� 5' �„ � � , � Y� �" �' � �- -u� j k'� -� '��5-y"�s -.e.x v-a� �. �'� �,a,a- .y , � � � 5� � �' y 1'�# "�" ��; fi a a, �+ r �n � � ,i �� 't� �y"'y',': z `"`11 '> ti� _ 15 : . £ , A ¢ :� k ' ��i � .....,� ' �' ` �, �^ ,i1 _ �. � � S a # �-w ", .� "°#Maw .F � � �-_ 7'L��Rr �,-��p� 1 ,.� �,C�3. e - ... . " .,. Y4r., -.. . . , ��....^ �� 'k. � � � �. - �_:, , 4 -�� ,� ;, � ;vr.;s �, . ;. � #� �. ; �� - � � � �� .:: "�` � : �, � .�t �. T $ � "o- � y�, '':q� �,�� f!�:JS.� +� y�-. � bv� � . ..� S��T�� f : � h'�' �� }' t #; � F k� d'+��: � �' i +;y + +• G� #� ='Y L t � ; �� n . . . e .. . ,}'ri�y'.1 �.; � �. y Ra }�t T � �-: �:.: � � r a _�� ', CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 27, 2008 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2008 STREET IMPROVEMENT PROJECT Project #2008-1 $ 870,000.00 Assess 10 years @ 6.5% Interest 2008 Street Improvement 2008 NUISANCE ABATEMENT Assess 1 year @ 6.5% Interest $ 57,261.30 The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written obj ection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Scott J. Lund Mayor Publish: October 9, 2008 � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 10, 2008 William W. Burns, City Manager James P. Kosluchar, Public Works Director November 10, 2008 P W08-043 Public Hearing to Review Comments on the City's Draft Wellhead Protection Plan The City of Fridley Draft Phase 2 Wellhead Protection Plan was sent out on September 4, 2008 to various local government and state agencies are required. This began a 60-day comment and review period for the draft plan. At the conclusion of this period, the City is required to schedule a public hearing in compliance with Minnesota Statutes 4720.5350. Public comments received will be reviewed during the hearing, and any persons desiring to be heard shall be given an opportunity. After consideration of the public comments, and providing time to address comments received, staff intends to submit this plan to the Minnesota Department on or before December 15, 2008 for approval. Recommend the City Council open this public hearing to Review Comments on the City's Draft Wellhead Protection Plan and receive comments and review comments previously received. JPK/jpk attachment City of Fridley Public Hearing Notice Before the City Council WELLHEAD PROTECTION PLAN Notice is hereby given that there will be a public hearing by the Fridley City Council on Monday, November 10, 2008 at 7:30 p.m. at the Fridley Municipal Center, 6431 University Avenue NE in Fridley, Minnesota, for the purpose of taking public comment on the following Wellhead Protection Plan (Part 2) The Plan is posted to the City web site (www.ci.fridley.mn.us) and is available for review and comment by residents. A hard copy of the Plan is also available in the Engineering Department at the Fridley Municipal Center. Any persons desiring to be heard shall be given an opportunity at the above stated time and place. If you have questions regarding the plan or desire to submit comments in advance of the meeting please contact James Kosluchar at (763) 572-3550 or koslucharj@ci.fridley.mn.us . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contactRoberta Collins at (763) 572-3500 no laterthan Wednesday, November 5, 2008. The TDD number is (763) 572-3534. Deb Skogen, City Clerk DATED: September 15, 2008 PUBLISHED: Fridley Focus News on October 30 and November 6, 2008 � � �ffY �F FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF NOV. 10, 2008 November 4, 2008 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Public Hearing to Consider Revocation of Special Use Permit #89-08 for Sam's Auto World, generally located at 7570 Highway 65 NE Introduction After noticing an illegal temporary sign and outside storage violations a few months ago, staff has been monitoring the business activity at Sam's Auto World. In the midst of our investigation, staff received a tip from a State Department of Public Safety staff inember that they were seeing several sale receipts coming through their office with the address 7570 Highway 65, but under the business name of Rhino Auto Repair. There is no signage at 7570 Highway 65 indicating the existence of a business by this name. When staff contacted Sam's regarding this different business name, the business manager said he had never heard of it. Recent code violations at 7570 Highway 65 include: • Automobile sales in an industrial zoning district Outdoor storage in the front yard Unauthorized use of a public right of way for vehicle storage and display Illegal temporary signage Staff finds these code violations and the lengthy history of disregard for abidance of City codes to be substantial reason to recommend revocation of Sam's Auto World special use permit SP# 89-08 to conduct automobile body repair in an industrial zoning district. Background The City Council reassigned the 1989 special use permit (SUP) for auto body repair in an M-1 zoning district to the owner of this business, a partnership which included Samir Awaijane, in 1991. There were 14 stipulations on the SUP, which mostly pertained to record keeping. One of the stipulations has been repeatedly violated: Operating the garage in a law-abiding manner. There have been numerous code violations at this property over the years. The one that is of most concern, however, is the sale of vehicles from this site. The owner is well aware that car sales are not permitted at his business. In 1994, he was notified by City staff that car sales were not permitted in an M-1 zoning district. In 1999, he applied for a rezoning, but later withdrew the application. Mr. Awaijane instead purchased a nearby property at 990 Osborne Road, which is zoned G2, General Business, and sold cars from that property after obtaining a dealer's license from the State. Three years ago, Mr. Awaijane sold his car sales business on Osborne Rd. Soon after, staff noticed cars displayed for sale at the 7570 Highway 65 auto body business. Mr. Awaijane argued that the vehicles were not for sale but were being used by his own family and as loaner cars for his auto body repair customers. City staff signed off on a State Lessor Vehicle Dealer's License in November 2005 to allow Mr. Awaijane to have up to 9loaner vehicles on his site (4 for family and 5 for customer loaners). When staff had complaints that there continued to be many cars lined up for display with flags attached along the highway side of the properiy, we asked the State Department of Public Safety to investigate compliance with the lessor license. The State reported to staff that Mr. Awaijane has conducted several retail sales at his business, violating the terms of his State license. In light of this evidence, in 2006, staff presented the City Council with a recommendation to revoke the special use permit for auto body repair at 7570 Highway 65. Following a public hearing and careful consideration, on September 11, 2006, the Fridley City Council moved to maintain the SUP under the condition that the owner of this business, Samier Awaij ane, ceases to sell automobiles at the property after November 15, 2006. Because of the recent evidence provided by the State and other recent code violations occurring on the site, staff is asking Council once again to hold a public hearing to consider revocation of the SUP for auto body repair at 7570 Highway 65. Recommendation Staff finds the sale of vehicles at Sam's Auto World under a different business name to be a devious way to continue business as usual and avoid compliance with the restrictions of the business's SUP. Two years ago, the City Council gave this business owner one more chance to change his business operations and comply with City Codes. The owner chose to violate the conditions City Council provided so that he could continue operating a body shop at 7570 Highway 65. According to the language in Section 205.OS.S.G of the Zoning Code, failure of a property owner to meet the stipulations of their special use permit requires the City to revoke the permit following a public hearing. Mr. Awaijane has proven that he is unwilling to comply with City Codes and is not concerned with ensuring that his tenants comply with City Codes on his property at 7570 Highway 65. Allowing him to continue this behavior in a highly visible site threatens the integrity of the Fridley City Codes and the Minnesota Department of Public Safety's vehicle sales regulations. Staff recommends that the City Council take action to revoke this business owner's special use permit SP #89-08. A resolution for this purpose can be prepared for the Council's consideration at the next meeting on November 17. M-08-23 � � �ffY �F FRIDLEY T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 10, 2008 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2008 STREET IMPROVEMENT PROJECT NO. ST. 2008-1 DATE: November 5, 2008 Attached you will find the final assessment roll for the 2008 Street Improvement Proj ect No. St. 2008-1 along with the Resolution to adopt the assessment. This proj ect included 328 properties. The assessment will be for 10 years at a rate of 6.5%. This item was continued from the October 27, 2008 council meeting. RDP/gt Attachment RESOLUTION NO. 2008- RESOLUTION ADOPTING ASSESSMENT FOR THE 2008 STREET IMPROVEMENT PROJECT NO. 2008-1 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2008 Street Improvement Project No. 2008-1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2009, and shall bear interest at the rate of 6'/z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVENIBER, 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 2008 STREET IMPROVEMENT PROJECT FINAL ASSESSMENT ROLL CITY PROJECT NO. ST 2008-1 PIN Taypayer's Name Address Assessment 3-30-24-31- 0041 PETERSON LAURA 7939 E RIVER RD $ 1,645.50 3-30-24-31- 0047 SEFEROVIC TARIK 7969 E RIVER RD $ 1,710.71 3-30-24-31- 0113 JORGENSON LESLIE & PATRICIA 305 LIBERTY ST $ 1,430.00 3-30-24-31- 0114 FERNANDEZ ELEAZAR & JOSEPHINE 303 LIBERTY ST $ 858.00 3-30-24-31- 0122 DAUGHERTY STEPHEN J& KIM I 300 LIBERTY ST $ 429.00 3-30-24-42- 0001 KLISMITH MICHAEL F& RACHEL C 7905 E RIVER RD $ 2,194.05 10-30-24-41- 0028 GOMEZ ENRIQUE 7135 E RIVER RD $ 601.37 10-30-24-41- 0029 MILE HIGH PROPERTIES LLC 7129 ASHTON AVE $ 608.26 10-30-24-41- 0030 KNUDSEN JOEL 7125 ASHTON AVE $ 593.36 10-30-24-41- 0031 PERSAUD PRISCILLA D 7119 ASHTON AVE $ 608.71 10-30-24-41- 0033 PUY VATHANA 7115 ASHTON AVE $ 561.89 10-30-24-41- 0035 SCHILLING THOMAS A& PAMELA J 7109 ASHTON AVE $ 582.35 10-30-24-41- 0055 SELIN DAVID A& RACHEL A 7107 ASHTON AVE $ 557.78 10-30-24-44- 0013 ANOKA COUNTY OF 7099 HICKORY DR $ 2,513.40 10-30-24-44- 0014 NORTHOME PARTNERSHIP 7091 HICKORY DR $ 2,722.71 10-30-24-44- 0015 ANDREWS GEORGE F& NANCY JO 7083 HICKORY DR $ 1,446.56 10-30-24-44- 0016 MOHAMED ASHA 7075 HICKORY DR $ 1,408.32 10-30-24-44- 0017 PIERCE PATRICIA 7067 HICKORY DR $ 1,365.20 10-30-24-44- 0018 FETROW ROBERT T& FRANCES A 7061 HICKORY DR $ 1,324.34 10-30-24-44- 0019 SWANSON KEVIN J 7053 HICKORY DR $ 1,431.72 10-30-24-44- 0020 GENOSKY THOMAS D& DORIS A 7043 HICKORY DR $ 1,630.94 10-30-24-44- 0021 RASMUSSEN KIRKA & BETH C 7035 HICKORY DR $ 1,484.10 10-30-24-44- 0022 SCHLEISS BENJAMIN V 7027 HICKORY DR $ 1,484.10 10-30-24-44- 0039 FOREMAN D& MCCANN M TRUSTEES 7092 HICKORY DR $ 1,799.08 10-30-24-44- 0040 BODEN TRAVIS C& MATTSON N R 7084 HICKORY DR $ 1,634.78 10-30-24-44- ANDERSON JOEL R& ROBIN S 7076 HICKORY DR $ 1,485.32 0041 10-30-24-44- 0042 MCGUIRE JAMES J& SUSAN ANN 7068 HICKORY DR $ 1,484.10 10-30-24-44- 0043 BERRY HARLAND 7030 HICKORY DR $ 1,484.10 12-30-24-13- 0016 BOATMAN ROSHELLE 1335 ONONDAGA ST $ 1,825.79 12-30-24-13- 0018 LABRECHE J W& H BETH 1381 ONONDAGA ST $ 1,309.50 12-30-24-13- 0065 HUB JAMES C& TERESA A 1395 ONONDAGA ST $ 1,396.80 12-30-24-13- 0069 MONTENEGRO DORY 1365 ONONDAGA ST $ 2,095.20 12-30-24-13- 0083 AMERICAN LEGION POST #303 7361 CENTRAL AVE $ 10,196.75 12-30-24-13- HOUSING CORP FOR SHADDICK 0084 ETAL 1360 ONONDAGA ST $ 1,309.50 12-30-24-13- 0085 MARBEN PATRICIA R 1366 ONONDAGA ST $ 1,309.50 12-30-24-13- 0086 YANG CHER & LEE PAI 1382 ONONDAGA ST $ 1,309.50 12-30-24-13- 0087 KARN EDWARD EMMETT SR 1390 ONONDAGA ST $ 1,746.00 12-30-24-13- 0091 CIRCLE CREEK LLC 7401 CENTRAL AVE $ 8,884.18 13-30-24-21- 0014 KNIGHT ANDREW W 6899 CHANNEL RD $ 1,864.90 13-30-24-21- 0016 SCHROEDER KURT A& PETER G J 6895 CHANNEL RD $ 1,449.18 13-30-24-21- 0019 ANOKA COUNTY OF $ 9,182.04 13-30-24-21- 0023 DALY MARK C 6887 CHANNEL RD $ 1,658.70 13-30-24-21- 0030 OLSEN FLOYD W& BARBARA A 6889 CHANNEL RD $ 1,746.00 13-30-24-21- 0034 NORTH AIR HOME ASSOCIATION 6831 HWY 65 $ 2,858.58 13-30-24-21- 0050 NORTH AIR HOME ASSOCIATION 6831 HWY 65 $ 16,028.80 13-30-24-21- 0052 STEWART RAYMOND L 6898 CHANNEL RD $ 1,309.50 13-30-24-21- 0053 MAU TERRI M 6890 CHANNEL RD $ 1,309.50 13-30-24-21- 0054 MAU-DAHLQUIST KATRINA 6886 CHANNEL RD $ 1,309.50 13-30-24-21- 0055 SIPPOLA JOHN W III 6880 CHANNEL RD $ 1,396.80 13-30-24-21- 0056 BHAKTA DIVYESH N& REKHA ETAL 6881 HWY 65 $ 5,201.07 13-30-24-21- 0059 TWO PC PARTNERSHIP 6875 HWY 65 $ 10,212.79 13-30-24-24- 0025 SWANSON CARL J& ADELE M 6663 LUCIA LN $ 5,195.22 13-30-24-24- 0027 LUCIA LANE APARTMENTS LLC 6670 LUCIA LN $ 23,511.11 13-30-24-24- 0047 SCHWALBACH MARJORIE 6501 PIERCE ST $ 1,466.64 13-30-24-24- 0048 LEKANG RICHARD E& JOYCE E 6517 PIERCE ST $ 1,414.26 13-30-24-24- BLISCHOK THOM & SHARLA 0049 TRUSTEE 6533 PIERCE ST $ 1,414.26 13-30-24-24- 0050 PEREZ-AGUILAR LORENA 6549 PIERCE ST $ 1,414.26 13-30-24-24- 0051 BERGLUND ERWIN R& SUZANNE 6565 PIERCE ST $ 1,414.26 13-30-24-24- 0052 MIRANDA LARRY B& SKIBA L J 6581 PIERCE ST $ 1,414.26 13-30-24-24- 0053 LANDRY DONALD J& MARY K 6597 PIERCE ST $ 1,443.94 13-30-24-24- 0054 BERGANINI RICHARD L& DIANE 6596 PIERCE ST $ 1,414.26 13-30-24-24- 0055 SKYHAWK MARIAN E 6580 PIERCE ST $ 1,414.26 13-30-24-24- 0056 IMBERTSON MARTIN B&ARDIS 6564 PIERCE ST $ 1,414.26 13-30-24-24- 0057 OLESON JR GORDON 6548 PIERCE ST $ 1,414.26 13-30-24-24- 0058 HITCHCOCK W& I TRUSTEES 6532 PIERCE ST $ 1,414.26 13-30-24-24- 0059 VANG CHOU TONG & THAO BAO 6516 PIERCE ST $ 1,414.26 13-30-24-24- 0060 MELCHER HENRY T& ROSEMARIE 6500 PIERCE ST $ 1,462.28 13-30-24-24- 0112 LINCOLN PAUL 6610 PIERCE ST $ 1,222.20 13-30-24-32- 0061 ABUMAYYALEH SAMIR 1060 64TH AVE $ 3,577.72 13-30-24-33- 0004 BRANDJORD-SPELTZ ASSOCIATES 6220 HWY 65 $ 1,244.96 13-30-24-33- 0033 AMF BOWLING CENTERS INC 6310 HWY 65 $ 10,035.79 13-30-24-33- 0034 FIVE CROWN DEVELOPMENT LLC 6304 HWY 65 $ 3,398.68 13-30-24-33- 0035 SINCLAIR MARKETING INC 6290 HWY 65 $ 1,005.77 13-30-24-33- 0044 HEBEISEN GREGG C 6280 HWY 65 $ 67.05 13-30-24-33- 0045 HEBEISEN GREGG C 6280 HWY 65 $ 70.14 13-30-24-33- 0046 MILLER KIM J 6210 HWY 65 $ 5,174.82 13-30-24-33- 0048 BRICKNER THOMAS E& M A 6240 HWY 65 $ 19.73 13-30-24-33- 0049 CRAFT PROPERTIES LLC 6240 HWY 65 $ 136.48 13-30-24-33- 0050 BRICKNER THOMAS E& M A 6240 HWY 65 $ 134.10 13-30-24-33- 0051 BRICKNER THOMAS E& M A 6240 HWY 65 $ 53.97 13-30-24-33- 0052 LANGE ANNE 6240 HWY 65 $ 52.31 13-30-24-33- 0053 JMI PROPERTIES INC 6260 HWY 65 $ 50.41 13-30-24-33- 0054 JMI PROPERTIES INC 6260 HWY 65 $ 32.10 13-30-24-33- 0055 JMI PROPERTIES INC 6260 HWY 65 $ 53.02 13-30-24-33- 0056 JMI PROPERTIES INC 6260 HWY 65 $ 46.60 13-30-24-33- 0057 JMI PROPERTIES INC 6260 HWY 65 $ 66.10 13-30-24-33- FISCHER-KINNUNEN LLP 6230 HVVY 65 $ 128.63 0058 13-30-24-33- 0059 BRICKNER BUILDERS INC 6230 HVVY 65 $ 47.55 13-30-24-33- 0060 BRICKNER BRAAM LLC 6230 HWY 65 $ 50.41 13-30-24-33- 0061 PEREZ FAMILY PROPERTIES LLC 6230 HWY 65 $ 89.40 13-30-24-33- 0062 LOUSHIN ALBERT J& DONNA C 6230 HWY 65 $ 47.32 14-30-24-32- 0021 FRIDLEY COVENANT CHURCH 232 SATELLITE LN $ 3,048.34 14-30-24-32- 0036 HOGETVEDT RODNEY B& C 201 SYLVAN LN $ 1,628.49 14-30-24-32- 0037 WOLD-ZAHNER DAVID A& CHERYL L 211 SYLVAN LN $ 1,545.56 14-30-24-32- 0038 SCHUELLER RAYMOND J& L 221 SYLVAN LN $ 1,500.69 14-30-24-32- 0039 SOTO JULIAN & ALVARADO M 231 SYLVAN LN $ 1,500.69 14-30-24-32- 0040 LEE BLONG & YER YANG 241 SYLVAN LN $ 1,501.56 14-30-24-32- 0041 OLSON CRAIG T& JANE K 251 SYLVAN LN $ 1,503.48 14-30-24-32- 0042 MILLER DUSTIN 261 SYLVAN LN $ 1,528.10 14-30-24-32- 0043 GEIST MARK J& ELENA 271 SYLVAN LN $ 1,396.80 14-30-24-32- 0044 HOSMAN ROBERT A& JANE I 281 SYLVAN LN $ 1,396.80 14-30-24-32- 0045 MCPHILLIPS MICHAEL B& D F 291 SYLVAN LN $ 1,400.47 14-30-24-32- 6390 UNIVERSITY 0060 FRIDLEY COVENANT CHURCH AVE $ 5,551.06 14-30-24-32- 0243 ROZEK THOMAS J 227 SATELLITE LN $ 400.40 14-30-24-32- 0244 BURKARD JULIE 225 SATELLITE LN $ 286.00 14-30-24-32- 0245 BEGNAUD AARON 223 SATELLITE LN $ 286.00 14-30-24-32- 0246 BAYLIS LAWRENCE A 221 SATELLITE LN $ 400.40 14-30-24-32- 0251 SALO AMY 235 SATELLITE LN $ 400.40 14-30-24-32- 0252 CHMELIK SETH L 233 SATELLITE LN $ 286.00 14-30-24-32- 0253 OLEEN OLIVIA 231 SATELLITE LN $ 286.00 14-30-24-32- 0254 MILLER CHARLES 229 SATELLITE LN $ 400.40 14-30-24-33- 0089 DAVIS ROSE M TRUSTEE 280 SYLVAN LN $ 1,396.80 14-30-24-33- 0090 FANNEMEL BRIAN 270 SYLVAN LN $ 1,391.21 14-30-24-33- 0091 HUSTAD RODERICK C& WENDI M 260 SYLVAN LN $ 1,382.66 14-30-24-33- 0092 MCNURLIN DOUGLAS 250 SYLVAN LN $ 1,358.04 14-30-24-33- 0093 LUKES FRANCIS 240 SYLVAN LN $ 1,360.83 15-30-24-41- 0002 BIELAWSKI STEPHANIE L 6468 ASHTON AVE $ 2,095.20 15-30-24-41- 0003 TROLAND MARK W 6446 ASHTON AVE $ 1,571.40 15-30-24-41- 0004 RLC PROPERTIES INC 6434 ASHTON AVE $ 1,222.20 15-30-24-41- 0005 HUGHES KENNETH D& CAROL A 6424 ASHTON AVE $ 2,095.20 15-30-24-41- 0006 RLC PROPERTIES INC 6412 ASHTON AVE $ 2,095.20 15-30-24-41- 0007 EMERSON EUGENE E& J G 99 64TH WAY $ 1,850.76 15-30-24-41- 0016 THOMPSON SHARON 6473 ASHTON AVE $ 698.40 15-30-24-41- 0017 KELLER BRADLEY 6461 ASHTON AVE $ 1,396.80 15-30-24-41- 0018 SHAFFER EDWARD M& ANN M 6457 ASHTON AVE $ 1,396.80 15-30-24-41- 0019 KASTANEK ARNOLD E& RAMONA 6435 ASHTON AVE $ 1,396.80 15-30-24-41- 0020 HARRIS-UNGLAUB JANICE D 6425 ASHTON AVE $ 1,396.80 15-30-24-41- 0021 HUSTON ANNA MARIE 6403 ASHTON AVE $ 2,793.60 15-30-24-41- 0022 BURLINGTON NORTHERN $ 44,926.82 15-30-24-41- 0024 MATTSON PAUL C& GUDRUN 40 64TH WAY $ 1,396.80 15-30-24-41- 0025 SAUTER NANCY 60 64TH WAY $ 1,746.00 15-30-24-41- 0026 JAMES KATHLEEN A 80 64TH WAY $ 1,746.00 15-30-24-41- 0027 GILLISPIE NATHAN S& ESTHER KO 98 64TH WAY $ 2,637.33 15-30-24-41- 6390 STARLITE 0059 PETERSON NATHAN S BLVD $ 746.59 15-30-24-41- 6380 STARLITE 0060 ECKER LEOCADIA ELEANOR BLVD $ 1,309.50 15-30-24-41- 6370 STARLITE 0061 SMEBY ROLF C BLVD $ 1,309.50 15-30-24-41- 6360 STARLITE 0062 FRID BOBBI BLVD $ 1,309.50 15-30-24-41- 6348 STARLITE 0063 MARTINEZ MARIO BLVD $ 331.74 15-30-24-41- SCHIMELPFENIG PAUL W & 0087 SAMRANG 6390 ASHTON AVE $ 2,308.39 15-30-24-41- 0088 SMITH ROBERT F& JANET S 20 64TH WAY $ 1,169.82 15-30-24-42- 0031 YANG TOU 111 63 1/2 WAY $ 1,445.34 15-30-24-42- 0032 JOHNSON ROBERTA L 123 63 1/2 WAY $ 1,309.50 15-30-24-42- 0033 STUSYNSKI JEFFREY D& K M 135 63 1/2 WAY $ 1,658.70 15-30-24-42- 0034 HUMBLE ARITA F 147 63 1/2 WAY $ 1,658.70 15-30-24-42- 0035 VALLIN DARLENE J 159 63 1/2 WAY $ 1,309.50 15-30-24-42- 0036 SOSA MAGDALENO M& KINGSLEY T 171 63 1/2 WAY $ 1,309.50 15-30-24-42- 0037 MASUDA ROBERT W& DELORES K 183 63 1/2 WAY $ 1,309.50 15-30-24-42- CLAIR LAUREL J 195 63 1/2 WAY $ 1,309.50 0038 15-30-24-42- 6351 RIVERVIEW 0039 MACK MICHAEL J& DEBRA R TER $ 2,078.26 15-30-24-42- 0040 OSMAN ROANAQAFROZ S& FAHMIDA 110 63 1/2 WAY $ 1,467.86 15-30-24-42- 0041 LYGA RACHEL E 122 63 1/2 WAY $ 1,309.50 15-30-24-42- 0042 KUMHERA ROSEMARY 134 63 1/2 WAY $ 1,309.50 15-30-24-42- 0043 FATHALLAH HATEM 146 63 1/2 WAY $ 1,309.50 15-30-24-42- 0044 EPSKY EDWARD W& ARLIE G 158 63 1/2 WAY $ 1,309.50 15-30-24-42- 0045 MOORE HELEN E 170 63 1/2 WAY $ 1,396.80 15-30-24-42- 0046 LOBERG JOHN E& PENNEY E 182 63 1/2 WAY $ 1,431.72 15-30-24-42- 0047 GREEN GEORGE E& ELIZABETH 194 63 1/2 WAY $ 1,571.40 15-30-24-42- 6331 RIVERVIEW 0048 HASTINGS RICHARD A& IRMA K TER $ 1,583.97 15-30-24-42- 6321 RIVERVIEW 0049 KNUTSON GARY G& CAROLYN C TER $ 1,585.02 15-30-24-42- 0050 RANSOM LYMAN EARL & JANET M 195 63RD WAY $ 1,571.40 15-30-24-42- 0051 RYAN CHARLES 183 63RD WAY $ 1,431.72 15-30-24-42- 0052 OVSHAK LARRY J 171 63RD WAY $ 1,396.80 15-30-24-42- 0053 KORZENIOWSKI CHESTER & S M 159 63RD WAY $ 1,309.50 15-30-24-42- 0054 FINKEL MAX E& BRUNHILDE K 147 63RD WAY $ 1,309.50 15-30-24-42- 0055 TESKE BONNIE 135 63RD WAY $ 1,309.50 15-30-24-42- 0056 OVERBY LARRY J 123 63RD WAY $ 1,309.50 15-30-24-42- 0057 THEISEN CLARENCE W& E L 111 63RD WAY $ 1,438.88 15-30-24-42- 6350 RIVERVIEW 0058 FLANDERS ALVIN E& NELLIE J TER $ 1,825.79 15-30-24-42- 6336 RIVERVIEW 0059 SIMER KARL F& LISA K TER $ 1,693.62 15-30-24-42- 6320 RIVERVIEW 0060 MAPSON TIMOTHY RILEY & LORA TER $ 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503.98 22-30-24-12- 151 ISLAND PARK 0029 DIZDAREVIC MIRSAD & ADVIJA DR $ 503.98 23-30-24-23- 0104 STORY WAYNE 5790 2ND ST $ 803.16 23-30-24-23- 0105 STORY WAYNE 5790 2ND ST $ 803.16 23-30-24-23- 0106 EAGLE ENTERPRISES USA LLC 5770 2ND ST $ 5,242.34 23-30-24-23- 0113 HOFFER ALLEN 5770 2 1/2 ST $ 5,417.88 23-30-24-23- 0115 HOFFER ALLEN 5761 2ND ST $ 1,239.66 23-30-24-33- 0050 HOIBY CARL J& JUDY M 5500 HORIZON DR $ 1,414.77 23-30-24-33- 0052 COMMERS CLOVER L L P 5495 MAIN ST $ 5,143.59 23-30-24-34- 0022 GIGUERE BRIAN L& JENNIFER M 5435 4TH ST $ 1,396.80 23-30-24-34- 0088 JAGODZINSKI BRADLEY 5461 4TH ST $ 779.94 23-30-24-34- 0089 BURGUSAIM VIOLET 5459 4TH ST $ 779.94 23-30-24-34- 0090 HOBSON DEBORAH K 5457 4TH ST $ 779.94 23-30-24-34- 0091 GROSE MATTHEW 5455 4TH ST $ 779.94 23-30-24-34- 0094 TKACZIK FAMILY LMTD PRTNSHP 5450 5TH ST $ 5,587.50 23-30-24-43- 0003 NGUYEN MAN 532 CHERI CIR $ 1,484.10 23-30-24-43- 0004 NEWPORT DWIGHT J& SHIRLEY 534 CHERI CIR $ 1,449.18 23-30-24-43- 0005 JOHNSON 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26-30-24-33- 0080 GARCIA ANDRES & LISA 4519 3RD ST $ 1,396.80 26-30-24-33- 0081 OKERSTROM CAROL 4537 3RD ST $ 1,396.80 26-30-24-33- 0082 PETERSON GORDON R& MARLYS 4555 3RD ST $ 2,357.10 26-30-24-33- 0083 EQURROLA ALBERT 4565 3RD ST $ 1,134.90 26-30-24-33- 0084 GERVING CHRISTOPHER D 4575 3RD ST $ 1,396.80 26-30-24-33- 0085 ARCHER ROBERT R& MARY K 4595 3RD ST $ 1,835.05 26-30-24-33- 0086 ROBINSON PAMELA J 4590 3RD ST $ 1,306.88 26-30-24-33- 0087 TANGREN BRIAN S& SHIRLEY M 4560 3RD ST $ 1,309.50 26-30-24-33- 0088 DUFFY BART J& MOLLY J 4544 3RD ST $ 1,309.50 26-30-24-33- 0089 PHAN PHOONG 4538 3RD ST $ 1,309.50 26-30-24-33- 0090 KLINE DAVID R& JENNIFER J 4526 3RD ST $ 1,309.50 26-30-24-33- 0091 GOLEN RICHARD L& CYNTHIA J 4514 3RD ST $ 1,309.50 26-30-24-33- 0092 PARKOS LAURA W 4506 3RD ST $ 1,309.50 34-30-24-41- 0005 PIKUS ANTHONY P& ROSELLA J 4036 MAIN ST $ 1,396.80 34-30-24-41- 0007 BURLINGTON NORTHERN $ 4,245.00 34-30-24-41- 0024 KRUGER CHRISTOPHER A 4030 MAIN ST $ 1,396.80 34-30-24-41- 0025 KRUGER CHRISTOPHER 10 40 1/2 AVE $ 2,007.90 34-30-24-41- 4021 CALIFORNIA 0026 ZIMMER HENRY & SHERILYN ST $ 1,772.19 � � �ffY �F FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF NOV. 10, 2008 November 6, 2008 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Rachel Harris, Environmental Planner Subject: Resolution to Approve Final Draft of 2030 Comprehensive Plan Background On February 11, 2008, the City Council directed staff to forward the draft Fridley 2030 Comprehensive Plan to our surrounding jurisdictions. State law requires the City to give our surrounding jurisdictions six months to review our draft plan. The comment period ended August 22, 2008. Staff then incorporated some changes recommended by surrounding jurisdictions into the draft Plan. When the Metropolitan Council extended the original September 8 submission deadline to December 31, staff delayed bringing the draft Plan back to the City Council for official approval by resolution until we could make some formatting changes, recommended by Metropolitan Council in a preliminary review last March, to the water-related chapters. Of our surrounding jurisdictions, only the Minnesota Department of Transportation and Anoka County relayed recommendations for changes. City staff agreed with most of those recommendations, and they are reflected in the attached final draft. Some changes have also been made as a result of another review of the Metropolitan Council's Systems Statement, which outlines what the Metropolitan Council will be looking for when they review Fridley's plan. The Water, Sewer, and Local Surface Water chapters are the parts of the plan most significantly changed from the precious draft plan, however, due to the formatting changes necessary to meet new State requirements. None of the changes made to the January 2 draft of the Comprehensive Plan, the last version reviewed by Council, significantly change any of the action steps in Chapter 14. Here is a summary of the changes: • Several typing errors that were pointed out at the February 11 Council meeting were corrected. • Various parts were updated to current project status, as much has changed since the first draft was started almost two years ago (i.e. the housing condition survey is complete). • Action Step 6 in the Housing Chapter was reworded to state the City would "consider" a text amendment to the S-1 zoning district language. • In the Housing Chapter, references were added to certain County programs per the County's request. • The role of "Principal Arterial" and "A Minor Arterial" roadways in Section 6.1 of the Transportation Chapter were better defined per a County request and a label referring to Principal Arterial was corrected on Figure 6.1. • The labeling of I-694 on Figure 62 was changed to be a"State" Interstate. • The Source reference at the end of Table 6.1 in the Transportation Chapter was corrected per a County comment. • Mention of what TransitMarket Fridley is located in, as well as, some te�t from Fridley's Systems Statement was added to the first and fourth paragraphs of Section 6.3 of the Transportation Plan. • Language describing Figure 6.5 was modified to clarify concerns that much improvement is needed to existing Metro Transit bus stops if the Metropolitan Council is to meet their goal of increasing ridership. • Figure 6.5 was modified to distinguish between current and future park and ride sites. • The County pointed out in their comments some contradictions with our noise reduction goal, so Objective #1 under Goal #4 was reworded. • The description of Figure 6.7 and the title of the map were changed per the County's concern that the City was promoting bicycle travel on busy roadways. • The funding source for the Springbrook Nature Center trail was clarified in Section 6.4 per County comments. • Comments regarding traffic volumes were clarified in Section 6.6 per a suggestion from Anoka County. • The word "improve" was changed to "expand or conduct major changes to" in the first sentence of Section 6.11 of the Transportation Plan per language in the Metropolitan Council's Systems Statement. • Figure 6.11 was modified to include future traffic volumes south of I-694. • Traffic volume was removed from Figure 6.12, which now shows daily capacity ratios. • Action Step 6 in the Transportation Chapter was reworded to state that reduced speed school zones would be "analyzed" as the County pointed out that we cannot obtain those simply by asking. • Action Step 8 in the Transportation Chapter was reworded to reflect that MnDOT has already studied and commented regarding the design of the University Avenue freeway exit. • Fridley Community Center usage data was added to the Public Facilities Plan Chapter 13. • Chapter 10, Sanitary Sewer Plan, was reorganized to make it more similar in format to Ch. 11. • Many of the tables in Chapter 11, Public Water Supply, were changed or replaced with other tables to better match Metropolitan Council format requirements. References to the Wellhead Protection Plan were updated. Text was also added at the end of Section 11.0 explaining that annual water quality reports can be viewed on the City web site. • Chapter 12, the Surface Water Management Plan will need to be rewritten when Rice Creek Watershed and Six Cities Management Organization draft their new surface watershed management plans. Staff has met with both entities to review the current draft chapter and they are willing to accept it with the understanding that it will need to be rewritten when their new plans are complete. • The sections within Chapter 12 were reorganized to flow better and match the outline in the beginning of the chapter. • The table on Surface Water Conditions in Chapter 12 was renumbered and modified to add additional data required by the new standards. • The Surface Water Management System, Section 123 of Chapter 12, was modified to explain National Pollutant Discharge Elimination System (NPDES), Municipal Separate Storm System (MS4) permit requirements, and Metropolitan Area Stormwater Runoff Infiltration requirements. • The Transportation Section of Chapter 14 was modified to reflect new and changed action steps. • Attachment D, telephone survey results was changed to a version which provided more detail. Besides the recommended changes noted above, staff has received very positive feedback from our surrounding jurisdictions on the draft Plan. Recommendation Staff recommends that the City Council approve execution of the attached resolution and submittal of the attached November 2008 draft 2030 Comprehensive Plan for the City of Fridley to the Metropolitan Council for review at the November 10 City Council meeting. RESOLUTION NO. -2008 RESOLUTION APPROVING THE 2030 COMPREHENSIVE PLAN FOR THE CITY OF FRIDLEY AND AUTHORIZING STAFF TO DISTRIBUTE TO THE METROPOLITAN COUNCIL WHEREAS, the 1976 Metropolitan Land Planning Act (MPLA) requires communities within the Twin Cities Metropolitan Area to develop and update once every 10 years a local comprehensive plan that includes elements as described in Chapter 473 Section 859 of the Minnesota Statutes including land use, public facilities and implementation strategies, and WHEREAS, Chapter 473 Section 175 of the Minnesota Statutes gives the Metropolitan Council the authority to review local comprehensive plans to determine their compatibility with each other and conformity with metropolitan system plans, and WHEREAS, Chapter 473 Section 864 Subdivision 2 of the Minnesota Statutes amended the MLPA in 1995 to require decennial reviews of local comprehensive plans, and WHEREAS, the City of Fridley conducted public "Neighborhood Planning" review meetings in each Ward of the City on March 19, 2007 and April 2, 2007 to obtain public input regarding all parts of the Comprehensive Plan, and WHEREAS, the City held several other public meetings with advisory commissions and interested groups between April 2007 and December 2007 and also conducted a telephone survey to obtain comprehensive public input for the purpose of drafting the updated comprehensive plan, and WHEREAS, the Planning Commission held an official public hearing on December 19, 2007 pursuant to Chapter 462 Section 355 Subdivision 2 of the Minnesota Statutes to allow formal public comment on all chapters of the draft comprehensive plan, and WHEREAS, the Planning Commission and City Council meetings are open to the public and televised on the City's local cable network, and WHEREAS, pursuant to Chapter 473 Section 858 Subdivision 2 the City submitted the entire draft Fridley 2030 Comprehensive Plan to adjacent local units of government for review and comment on February 22, 2008, and WHEREAS, the Planning Commission of the City of Fridley after careful study and after its public hearing has recommended to this City Council a comprehensive plan amendment for the City of Fridley, and WHEREAS, City Staff has reviewed the draft 2030 Fridley Comprehensive Plan to ensure it meets the Metropolitan Council required modifications, and Resolution No. 60-2001 Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the document as prepared by the Planning Commission pursuant to Chapter 462 Section 355 Subdivision 1 of the Minnesota Statutes entitled "The Comprehensive Plan" dated November 7, 2008 is hereby approved by the City Council of the City of Fridley. BE IT FURTHER RESOLVED, that upon approval by the Metropolitan Council, City Staff is authorized to post the final version of the Fridley Comprehensive Plan on the City web site and make and distribute copies as necessary to supply the County, surrounding cities, and libraries with copies as required by law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOTH DAY OF NOVEMBER, 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 10, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS