06/18/2001 - 4736OFFICIAL CITY COUNCIL AGENDA
CITY COUNCIL MEETING
JUNE 18, 2001
� FRIDLEY CITY COIINCIL MEETING
cmroF
Fwa�r ATTENDENCE SHEET
Ma-�day, June 18, 2001 '
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
PRINT NAME (CLEARLY) ADDRESS
ITEM
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� CITY COUNCIL MEETING OF JUNE 18, 2001
CRY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regazd 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 r
interpreter br other persons with disabilities who require auxiliary aids should contact Roberta Collins at .
572-3500 at least one week in advance. (TTD/572-3534)
.
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of J�.�ne 4, 2001
NEW BUSINESS:
1. Receive the Planning Commission
Meeting Minutes of June 6, 2001 .................................................................... 1- 10
O
2. Resolution to Vacate Portions of the University
Avenue Service Road and 57th Place, Generally
v Located Northeast of 57th Avenue and University
Avenue in Order to Accommodate the Gateway
. East Redevelopment Project (Ward 1) .......................................................... 11 - 13
FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Approving a Plat, P.S. #01-01
(Gateway East), by Gateway East Redevelopment,
LLC, to Replat Property for the Purpose of Creating
28 Lots and 6 Outlots to Allow the Construction of
28 Owner Occupied Townhome Units, Generally
Located at 57'/ Avenue and University Avenue
-
ar ........................................................................................................ 14 16
4. Resolution to Vacate a Portion of Third Street,
Generally Located East of Fifth Street
N.E. and North of the Apartments at 5451 Fifth
Street N.E. (SAV #01-05, by Harriet Skarie) (Ward 1) .................................. 17 - 21
5. Resolution Authorizing Agreement with the
State of Minnesota for Furnishing Chemical
Assessment Team Services for State FY 2002 ............................................ 22 - 23
.
6. Resolution in Support of an Application for
a Minnesota Lawful Gambling Premise Permit
Renewal for Spring Lake Park District 16 Youth
Hockey (Generally Located at K.J.'s Restaurant
and Bar, 8298 University Avenue N.E.) (Ward 3) ......................................... 24 - 25
, FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
0
NEW BUSINESS (CONTINUED):
7. Resolution Authorizing Execution of Agreement
No. 81795 Between the City of Fridley and the
Minnesota Department of Transportation for
Improvements to the TH 47 (University Avenue)
NoiseWall ..................................................................................................... 26 - 33
8. Approve Contract Amendment between Short
Elliott Hendrickson, Inc. (SEH), and the City of Fridley �-
for the Design of TH 65 Causeway Improvements ....................................... 34 - 39
9. Approve Agreement between the Minnesota
Department of Natural Resources and the City
of Fridley for a New Fishing Pier at Moore Lake ........................................... 40 - 47
10. Claims ........................................................................................................... 48
11. Licenses ....................................................................................................... 49 - 53
0
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FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 4
ADOPTION OF AGENDA.
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARINGS:
12. Corrsideration of an Ordinance Amending
Section 6.06, Contracts, How Let and Chapter 8,
Public Improvements and Special Assessments,
of the Fridley City Charter (Continued from
June4, 2001) ..................................................................................................... 54 - 57
13. Consideration of a Rezoning Request,
ZOA #01-02, by Bobby Taylor, to Change a
Dwelling from R-1 Single Family, to R-3 Multiple
Family, Generally Located at 401 Ironton Street
N.E. (Ward 3) ..................................................................................................... 58 - 64
NEW BUSINESS:
14. First Reading of an Ordinance Amending
Section 6.06, Contracts, How Let, and Chapter 8,
Public Improvements and Special Assessments
of the Fridley City Charter .................................................................................. 65 - 68
FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 5
NEW BUSINESS (CONTINUED)•
15. First Reading of an Ordinance to Amend the
City Code of the City of Fridley, Minnesota, by
Making a Change in Zoning Districts (ZOA #01-02,
by Bobby Taylor, Generally Located at 401
Ironton Street N.E.) (1Nard 3) ............................................................................. 69 - 70
16. Special Use Permit Request, SP #01-05,
by Richard and Laura Wolfe, to Allow a Second
Accessory Structure, Generally Located at _
960 Hathaway Lane N.E. (Ward 2) .................................................................... 71 - 74
17. Informal Status Report ............................................. ..................... 75
.....................
ADJOURN.
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C(TY OF
FRIDLEY
CITY COUNCIL MEETING OF JUNE 18, 2001
The City of Fridley will not discriminate against or hazass 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 disabiliries
to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons
with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
-� ' ,� �
�. � �'! ~ "�`1
APPROVAL OF MINUTES: �i � � �,�' ; ,_��
City Council Meeting of June 4, 2001 �%'�� ��
�
NEW BUSINESS:
Receive the Planning Commission
Meeting Minutes of June 6, 2001 .. 1- 10
APPROVAL OF PROPOSED CONSENT AGENDA:
2. Resolution to Vacate Portions of the University
Avenue Service Road and 57`h Place, Generally
Located Northeast of 57t" Avenue and University \
Avenue in Order to Accommodate the O�
Gateway East Redevelopment Project �.
(Ward 1) ......................................... 11 - 13 (�1
ra��
3. Resolution Approving a Plat, P.S. #01-01
(Gateway East), by Gateway East
Redevelopment, LLC, to Replat Property for _n1
the Purpose of Creating 28 Lots and 6 Outlots ���
to Allow the Construction of 28 Owner �
Occupied Townhome Units, Generally ��
Located at 57'/z Avenue and University
Avenue (Ward 1) ......................... 14 � 16
NEW BUSINESS (CONTINUED):
4. Resolution to Vacate a Portion of Third Street,
Generally Located East of Fifth Street
N.E. and North of the Apartments at 5451 Fifth
Street N.E. (SAV #01-05, by Harriet Skarie)
(Ward 1) ...................................... 17 - 21
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�
Resolution A�thorizing Agreement with the
State of Minnesota for Furnishing Chemical
Assessment Team Services for State FY
2002 ............................................ 22 - 23
3�'a°°1
6. Resolution in Support of an Application for
a Minnesota Lawful Gambling Premise Permit
Renewal for Spring Lake Park District 16 Youth
Hockey (Generally Located at K.J.'s Restaurant
and Bar, 8298 University Avenue N.E.)
(Ward 3) ..................................... 24 - 25
3��01
7. Resolution Authorizing Execution of Agreement
No. 81795 Between the City of Fridley and the
Minnesota Department of Transportation for
Improvements to the TH 47 (University Avenue)
Noise Wall .................................... 26 - 33
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FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 PAGE 2
�
APPROVAL OF PROPOSED CONSENT AGENDA: PUBLIC HEARINGS (CONTINUED): ��-� Y�� ,I �'�.� �' �.
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NEW BUSINESS (CONTINUED): 13. Consideration of a Rezoning Request, ��� ��� "�'�
ZOA #01-02, by Bobby Taylor, to Change a Li (��
8. Approve Contract Amendment between Short Dwelling from R-1 Single Family, to R-3 Multiple� �
Elliott Hendrickson, Inc. (SEH), and the City Family, Generally Located at 401 Ironton Street
of Fridley for the Design of TH 65 N.E. (Ward 3) 58 - 64 n -'
Causewa Im rovements 34 - 39 �� �-'��,' '��"'��`�f �
Y P ............ �-� . j!� �� ._
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11
9. Approve Agreement between the Minnesota
Department of Natural Resources and the
City of Fridley for a New Fishing Pier at
Moore Lake .................................. 40 - 47
10. Claims
11. Licenses ...........
......................... 48
.................... 49 - 53
ADOPTION OF AGENDA. " �� / ,� _
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OPEN FORUM, VISITORS:
Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARINGS:
12. Consideration of an Ordinance Amending
Section 6.06, Contracts, How Let and Chapter 8,
Public Improvements and Special Assessments,
of the Fridley City Charter (Continued from
June 4, 2001) 54 - 57
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NEW BUSINESS:
14. First Reading of an Ordinance Amending
Section 6.06, Contracts, How �et, and Chapter 8,
Public Improvements and Special Assessments
of the Fridley City Charter .................. 65 - 68
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15. First Reading of an Ordinance to Amend the
City Code of the City of Fridley, Minnesota, by
Making a Change in Zoning Districts (ZOA #01-02
by Bobby Taylor, Generally Located at 401
Ironton Street N.E.) (Ward 3) ............. 69 - 70
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16. Special Use Permit Request, SP #01-05,
by Richard and !�ura 1,Nolf�, Y� Rfiow a Second
Accessory Structure, Generally Located at
960 Hathaway Lane N.E. (Ward 2) .... 71 - 74
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17. Informal Status Report
ADJOURN.
................. 75
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THE MINUTES OF THE
FRIDLEY CITY COUNCIL
MEETING OF JUNE 4, 2001
0
_ THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF JLTNE 4, 2001 -
The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30
p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEM�ERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom,
Councilmember Billings, Councilmember Wolfe.
MEMBERS ABSENT: None.
`49ER DAYS PRESENTATION
Mr. McKusick, Fire Chief and President of the Fridley `49er Days Committee, stated that the
Fridley `49er Days royalty were present to inform the public of the various activities during the
celebration taking place June 12 through 16.
Ms. Christy Peterson, Fridley Princess, stated that the Kids ID Program was brand new this year.
It would be taking place Friday, June 15 from 4:00 p.m. to 8:00 p.m. and Saturday, 1:00 p.m. to
5:00 p.m. at Columbia Arena. Key informat:on regarding the children would be put on a
computer disc to be used in the event of an emergency. `49er Days buttons are for sale for $3.00
at Fridley City Hall, the Fridley Community Center and Wells Fargo. Each button also includes
a pamphlet with a schedule of events.
Ms. Jennifer French, Fridley Princess, stated that on Saturday, the Fridley Scholarship Pageant
members will hold a car wash on Highway 6� for donations to raise money for the scholarship.
The pageant fashion show will be held on Friday night at Northtown Mall at 7:00 p.m. A street
dance will be held on both Friday and Saturday nights.
Miss Fridley, Rachel Wright, stated that this year the pageant will be held on Father's Day,
June 17 at 6:30 p.m., at the Fridley High School Auditorium, with free admission with the
purchase of a button. There are 13 total candidates this year. The scholarship of $6,000 is
renewable and they are eligible for the next four years to receive $1,500 per year.
Mayor Lund thanked them for coming and stated that they would be on the KARE-11 news
broadcast on June 12. Mr. McKusick and the royalty will also be there.
FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 2
PROCLAMATION: Stand for Children Day - June 16, 2001
Carter and Faye Hendricks were present to receive the proclamation.
Mayor Lund stated that this is to renew the community's commitment to improving the quality of
our children's lives. This recognizes our children's unmet needs and our efforts in rededicating
ourselves to addressing them.
Mr. Hendricks stated that this originated as a day to advocate for the young people in our
community. This year over 2,000 communities are expected to participate. He appreciates the
City's support for Stand for Children Day.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Proposed Consent Agenda. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES: City Council Meeting of May 21, 2001
Mayor Lund stated that Mrs. Leibfried's and Bob Schroer's names were misspelled and should
be conected.
APPROVED.
NEW BUSINESS:
1. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF MAY 16,
2001:
RECEIVED.
2. APPROVE SHORELINE HABITAT AGREEMENT BETWEEN THE ANOKA
CONSERVATION DISTRICT AND THE CITY OF FRIDLEY:
Mr. Burns, City Manager, stated that the City would receive $3,000 in grant money to
replant a buffer area on the southern border of Moore Lake between the retaining wall
and the water. The turf that is there would be cut out and replaced with natural
vegetation. In order to qualify for the grant, the City needs to commit to maintaining the
vegetation. This could mean watering during drought conditions, pulling out weeds and
picking up litter. The purpose is to improve water quality and deter the geese. Both the
Parks and Recreation Commission and the Environmental Quality and Energy
Commission have passed resolutions in support of this agreement and are looking at
extending this buffer process to other portions of Moore Lake.
FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001
PAGE 3
APPROVED SHORELINE HABITAT AGREEMENT.
3• AI'PROVE AMENDMENT TO AGREEMENT FOR CURBSIDE RECYCLING
SERVICES BETWEEN BFI WASTE SYSTEMS OF NORTH AMERICA, INC.
AND THE CITY OF FRIDLEY:
Mr. Burns, City Manager, stated that staff is suggesting that Council approve a three-year
extension of the cunent recycling contract that expires in March of next year. The
extension would cost an additional 4.8 percent annually for collection of recyclables and
6.5 percent for multi-family collection of recyclables. BFI has done an excellent job and
the three-year period is very reasonable. Staff recommends approval of the agreement.
-APPROVED AMENDMENT TO THE AGREEMENT FOR CURBSIDE
RECYCLING SERVICES.
4• RECEIVE AND RE,TECT BID FOR THE MUNICIPAL CENTER RECARPET
. PROJECT NO. 339 AND AUTHORIZE RE-ADVERTISEMENT FOR BIDS:
Mr. Burns, City Manager, stated that on 1VIay 17 staff opened bids to recarpet the
Municipal Center. Pink Business Interiors submitted the only bid, in the amount of
$167,777. This is over the $140,000 that had been budgeted. Staff recommends rejection
of the bid and authorization from Council to rebid this project.
RECEIVED AND RE,TECTED BID FROM PINK BUSINESS INTERIORS IN
THE AMOUNT OF $167,777. AUTHORIZED READVERTISEMENT FOR BIDS.
5• APPOINTMENT - CITY EMPLOYEE:
Mr. Burns, City Manager, stated that Gary Lenzmeier retired earlier this year and staff
recommended that Michael Williams be appointed to fill the position of Patrol Officer.
Mr. Williams has an Associate of Arts degree from North Hennepin Community College
and passed his law enforcement skills curriculum and obtained his Law Enforcement
License from the State of Minnesota. He has been a Community Services Officer for the
communities of Robbinsdale and Plymouth.
Councilmember Billings pointed out a typographical error on Page 16 regarding the
hourly wage.
APPROVED APPOINTMENT OF MICHAEL WILLIAMS.
6• CLAIMS:
APPROVED PAYMENT OF CLAIM NOS. 99639-99835.
FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 4 .
7. LICENSES:
Mayor Lund stated that it has been requested that a temporary food license for St.
Williams Church be added to the agenda, and that the license fee be waived because it is
a non-profit agency.
APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE.
8. ESTIMATES:
Ron Kassa Construction
6005 - 250t" Street East
�Elko, MN 55020
Miscellaneous Concrete Curb and Gutter
And Sidewalk Project No. 338 -� $3,985.08
Estimate No. 2
Frederic W. Knaak, Esq.
Holstad and Knaak, P.L.C.
1690 Minnesota World Trade Center
30 East Seventh Street
St. Paul, MN 55101
Services Rendered as City Attorney for the $5,000.00
Month of May, 2001
ADOPTION OF AGENDA:
MOTION by Councilmember Billings to adopt the agenda as presented. Seconded by
--- �ouncilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No members in the audience spoke.
FRIDLEY CITY COUNCIL MEETING OF JUNE 4. 2001
PUBLIC HEARINGS:
PAGE 5
9. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.06,
CONTRACTS, HOW LET, AND CHAPTER 8, PUBLIC IMPROVEMENTS AND
SPECIAL ASSESSMENTS, OF THE FRIDLEY CITY CHARTER:
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:54 P.M.
Mr. Pribyl, Finance Director, stated that this relates to changes in Chapter 6 and Chapter 8. The
only substantive change that actually is applied would raise the amount required for the formal
competitive bidding process from $10,000 to $50,000, so the Charter can be updated to match
the new State statute. Minor wording changes serve to actually update the City Charter and they
aze not substantive in nature. ��
Councilmember Billings stated that in Section 8.04, Local Improvement Regulations, substantial
changes are being made. If we do not have a majority petition, under the current Charter
language, it would require a full 5 affirmative votes by the City Council to go ahead with the
assessment. The recommendation with the Charter Commission is to change that to 4/5 vote. He
stated that he thought it was a very substantial change, and wondered how the Charter
Commission felt about that change.
Mr. Pribyl stated that he was not versed on what the particular background was on making that
change. He could find out from the Charter Commission Chair.
Councilmember Billings stated that he does not have a problem with bringing the Charter into
conformity with the current State statute, but he is concerned because it could impact the
residents of the City. Relative to increasing the dollar amounts to conform, does the City
Councii always set policy to- require approval on items that are less than wl�at -the Charter calls
for? Should the Council adopt a policy wherein the City Manager is required not to bring
anything to the Council less than the $50,000 amount?
Mr. Knaak, City Attorney, stated that is correct and establishing different policies with respect to
bidding practices is possible too. The State statutes impose general restrictions but bids could be
required on all contracts.
Councilmember
the outside limi
tightly.
Billings stated that both State statutes and the changes in the City Charter are
ations and Council could prepare policy that draws those limitations in more
Mr. Knaak stated that is accurate.
FRIDLEY CITY COUNCIL MEETING OF JUNE 4. 2001 PAGE 6
Councilmember Billings stated that this should be continued until his earlier question is .
answered so that it is part of the record.
MOTION by Councilmember Billings to continue the public hearing until the next City Council
meeting. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. CONSIDERATION OF ISSUING AN ON-SALE INTOXICATING LIQUOR
LICENSE TO ROBERT CHAPUT OF CHAPS PRODUCTIONS, INC., DB/A
MAIN EVENT RESTAURANT, GENERALLY LOCATED AT 7864
-UNIVERSITY AVENUE N.E.:
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 8:02 P.M.
Mr. Pribyl, Finance Director, stated that Main Event has been acquired by Robert Chaput and
sons. This requires the new owner to acquire his own liquor license. The business will continue
to operate as the Main Event and the Public Safety Department found no reason to deny the
license request based on their investigation.
Councilmember Bolkcom asked if there was a statement made by the Public Safety Director.
Mr. Pribyl stated that there was no statement.
Councilmember Bolkcom asked Mr. Chaput if he owned any other businesses where he serves
liquor now. - -- --
Mr. Chaput stated that he did not.
Councilmember Bolkcom asked him if he owned any restaurant-type businesses.
Mr. Chaput stated that they do not. They provide sound and light production for the restaurant
businesses though. This business will include all former staff.
Councilmember Bolkcom asked if he was aware of the food/alcohol ratios that must be met.
Mr. Chaput stated that he was.
Councilmember Barnette asked if he intends to have the same pull-tab operation.
. FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 7
Mr. Chaput stated that they would. They met with the pull-tab operator who seemed very
supportive of the community. The "Karaoke Night" is still on Sunday with a few changes. They
moved their sound and light business from Mound to Fridley before they purchased the Main
Event.
Councilmember Billings asked what Chaps Productions does.
Mr. Chaput stated that they provide sound and light production and sound system installation for
churches, bars and restaurants. It is run from the center behind the Main Event.
Councilmember Billings stated that he would be an absentee owner from the standpoint that he is
not going to be working the establishment but will not be hundreds of miles away if there is a
proble�.
Mr. Chaput stated that was correct and they do intend to really learn the business.
Councilmember Billings stated that there is a good team of employees there to teach him well.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:07 P.M.
Councilmember Bolkcom stated that the actual license would not be approved until the next
meeting.
11. CONSIDERATION OF THE ASSESSMENT FOR 5100 INDUSTRIAL
BOULEVARD, DEFERRED IMPROVEMENT PROJECT NO. 1989 -1 & 2:
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Wolfe. _
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:08 P.M.
Mr. Pribyl, Finance Director, stated that this project pertains to the third portion of the 1989
street projeet that was assessed in 1990. The project was located at Slst Way and East River
Road and involved concrete, curb and gutter, asphalt and signals. The only assessed portion of
this was the concrete and curb. The total amount of the deferred portion was $37,020.73. This
was to be assessed when the building permit was provided. The assessment is over a period of
ten years and the assessment rate is 6.5 percent. This is located at 5100 Industrial Boulevard
N.E.
Councilmember Bolkcom asked why it took so long for a public hearing to be scheduled.
0
FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 8
Mr. Pribyl stated that when the building permit was pulled, it was not brought forward.
Councilmember Bolkcom asked if the property owner was notified of the situation.
Mr. Pribyl stated that they have been notified.
MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:11 P.M.
NEW BUSINESS
12. RESOLUTION ADOPTING ASSESSMENT FOR 5100 INDUSTRIAL
BOULEVARD, DEFERRED IMPROVEMENT PROJECT N0.1989 -1 & 2:
MOTION by Councilmember Bolkcom to adopt the Resolution adopting assessment for 5100
Industrial Boulevard, Deferred Improvement Project No. 1989 - 1& 2. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. RECEIVE PETITION NO. TO CREATE A FOUR-WAY STOP AT THE
INTERSECTION OF 48 AVENUE AND 2 1J2 Si'REET N.�.:
Councilmember Bolkcom stated that this petition was circulated by Brian Maertens requesting
that stop signs be placed at 48th and 2 1/2 Street. The majority of neighborhood residents who
signed this are concerned because there is a park on Main Street and many of the children walk
to the park. People do not stop on that street and there have been many near misses. The City
has followed a policy i� the past wherein if a majority of the neighborhood favors the same
location for a stop sign, it may be considered. Some neighboring communities place stop signs
when a majority of the neighborhood requests this and some communities hold public
hearings/meetings for discussion. She said she would like to see this happen. The neighborhood
feels that this would not slow people down, but it would make people stop while kids are
crossing the street.
Mr. Haukaas, Public Works Director, stated that the petition is from residents between 47�' and
49�' Avenues and 2 1/2 Street. The park is less than a block away. This does not meet design
criteria for the installation of stop signs and they are not an effective speed control device.
Mayor Lund stated he had a question regarding some owners close to the intersection who have
not signed yet. He drove down there and saw kids playing on the street. There is a rise to the
street and you cannot see beyond the intersection until you are at the intersection.
FItIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 9
Councilmember Bolkcom stated that they aze not trying to control speed, they just need people to
stop because of the kids crossing there.
Mayor Lund stated that he is not against this because it is what the neighborhood wants.
Councilmember Wolfe stated that he is all for this. It took seven years for his neighborhood to
have a stop sign installed.
MOTION by Councilmember Bolkcom to receive the petition and approve the placement of stop
signs at the intersection of 48`" Avenue and 2 1/2 Street. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTIUN CARRIED UNANIMOUSLY.
Councilmember Billings asked if red flags would be placed there to notify people that there is
traffic change ahead.
Mr. Haukaas stated that they would put red flags on top of the stop signs for about a year and
through the summer, temporary barricades advising of the change would be placed there also.
14. INFORMAL STATUS REPORTS:
Councilmember Bolkcom stated a meeting will be held on Thursday at 7:00 p.m. for the street
improvement project.
Mr. Haukaas, Public Works Director, stated that this is for the neighborhood north and east of
Mississippi and East River Road. The meeting will held downstairs at the Municipal Center in
Meeting Room 1.
Mayor Lund asked if a notice for this went out.
Mr. Haukaas stated that a letter had been sent to the residents.
ADJOURN:
MOTION by Councilmember Billings to adjourn the meeting. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
JUNE 4, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:25 P.M.
Respectfully submitted,
Signe L. Johnson Scott J. Lund
Recording Secretary Mayor
CITY OF FRIDLEY
PLANNING COMMISSION MEETING. JUNE 6. 2001
CALL TO ORDER:
Chairperson Savage called the June 6, 2001, Planning Commission meeting to order at 7:30
p.m.
ROLL CALL:
Members Present: Diane Savage, Barbara Johns, Dave Kondrick, Leroy Oquist,
Larry Kuechle
Members Absent: Connie Modig, Dean Saba
Others Present: Paul Bolin, Planning Coordinator
Stacy Bulthuis, Planner
Bobby and Cathryn Taylor, 401 Ironton St.
- Karen Marty, 5601 Minnesota Dr, Suite 880, Bloomington, MN, 55435
Scott and Marie St. Arnold, 350 Ironton St
Rick Wolfe, 960 Hathaway Lane
Harriet and Jim Skarie, 3504 Larchwood Dr, Minnetonka, MN, 55345
APPROVE THE MAY 16 2001 PLANNING COMMISSION MEETING MINUTES'
MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve the May 16, 2001, Planning
Commission meeting minutes as presented.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
Consideration of a Special Use Permit, SP #01-05, by Richard and Laura Wolfe, for a
second accessory structure (garage), generally located at 960 Hathaway Lane.
MOTION by Ms. Johns, seconded by Mr. Kuechle, to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M.
Ms. Bulthuis stated that the petitioners are requesting a special use permit to construct a 600
square foot accessory building. The Code requires a special use permit to allow an accessory
building other than the first accessory bui�ding over 240 square feet. The Code also requires
that the total square footage of an accessory structure not exceed 1,400 square feet. The total
square footage of existing and proposed accessory structures on this site would be 1,040
square feet. The proposed location of the garage is in the rear yard of the residence. Staff
recommends approval with stipulations.
Ms. Savage asked if any calls were received regarding this request.
Ms. Bulthuis stated, no.
1 __-
PLANNING COMMISSION MEETING, JUNE 6, 2001 PAGE 2
Mr. Rick Wolfe, petitioner, stated that the same color of the house is not stocked anymore, but
he has found a similar compatible color that is almost exact, but slightly darker.
Ms. Johns asked if the proposed garage would go right on top of the slab shown on the picture
or further back.
Mr. Wolfe stated that it would go right on top of it. His back yard is very long so it does not
infringe on any easements. There is plenty of room.
MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing.
UPON A VOICE VOTE, ALl VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:36 P.M.
Mr. Kondrick stated that he did not have any problem with this request.
Ms. Johns stated she did not either.
Mr. V1Folfe stated this was an easy process. Is there ever a chance the Planning Commission
could give the knowledgeable City staff the power over these decisions that are pretty routine
and simple?
Ms. Savage stated that the whole structure provided by Statute or ordinance would have to be
changed.
Mr. Bolin stated that a second accessory building over 240 square feet by zoning code is
required to go through a special use permit process. The cases whe�e the second garage
would not fit due to lot size or surrounding uses gives the City discretion to place additional
stipulations to make the garage more compatible. A majority of the structures do make sense,
but there are a few cases with problems like putting in a second driveway. This way the
stipulations can be put on there. It is possible to change the zoning code to take the second
accessory structures out of the uses allowed with a special use permit and make them a
permitted use with conditions that need to be met. The City Council would have to take the
initiative to instruct staff to change that portion of the zoning code.
Ms. Johns stated that it is also good for the neighbors to be able to come in and give their
opinion on these requests.
MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve SP #01-05 with the following
stipulations:
1. The petitioner shall install Code required hard surface driveway within 12 months of
issuance of the building permit.
2. The petitioner shall obtain all necessary building permits prior to construction.
3. The structure shall not be used for a home occupation or living area.
4. All vehicles shall be stored on a hard surface as approved by the City.
5. The total square footage of all accessory structures must not exceed 1,400 square feet.
6. The garage shall be architecturally compatible with existing home and finished with a
complementary siding and color scheme.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2
PLANNING COMMISSION MEETING, JUNE 6, 2001 PAGE 3
Ms. Savage stated that this matter goes to City Council on June 18.
2. PUBUC HEARING:
Consideration of a Vacation, SAV #01-05, by Harriet Skarie, to vacate a portion of Third
Street, generally located at 5451 5th Street.
MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:37 P.M.
Ms. Bulthuis stated that the petitioner is seeking to vacate a portion of 3`d Street which is
adjacent to 5'h Street and north of the apartments at 5451 5`� Street. This portion of street is an
unimprDVed right-of-way and is not used by the general public. A vacation request to vacate the
same portion of street was submitted in 1972. At that time, City Public Works staff did not
recommend vacating it in case it was ever utilized again. Since that time, all connections to that
street have been vacated and there is no longer a reason to keep the entire right-of-way. The
proposed vacation is south of I-694 and, if granted, the petitioner would gain the 29 ft. x 302 ft.
piece of land, correcting a nonconformity for the 5-foot setback needed for the existing garages.
There are no underground utilities, and the northerly five feet of this property shall be dedicated
to the City as an easement. There is a water main north of the property, and this easement is
needed for access purposes. Staff recommends approval.
Ms. Savage asked if any calls have been received.
Ms. Bulthuis stated she has not received any.
Ms. Skarie, petitioner, stated she is in a family partnership in ownership of this property. She
has concern about the second stipulation referring to the cell tower. They had negotiated to
place the cell tower back from the garage, because they would lose parking spaces. The cars
park along the whole strip by the grass right now; and if the cell tower came in, it would take that
grassy area. The area by 3`d Street tends to be a place where kids come back and play with dirt
bikes and some people actually throw washers and dryers back there. They are thinking of
putting in chain link fencing to discourage the dumping and graffiti on the garages. In
constructing the cell tower, the equipment used may destroy part of the parking space.
Mr. Bolin stated this stipulation came from the Planning and Public Works staff. The petitioners
are required to have a paved driveway to the cell tower for maintenance purposes. The City
does not like to see any more hard surFace area than necessary in Fridley. There is a paved
drive there already. There would be less impervious surface utilizing what is already there.
There are concerns with plowing snow around the corner and the plows would be constantly
blocking the access drive into the cell tower site.
Mr. Kuechle asked if the property owners would lease the site for the cell tower?
Mr. Bolin stated this site is an approved cell tower site identified by the City in 1997.
Mr. Kuechle asked Ms. Skarie if she had the prerogative of not letting the cell tower there.
Ms. Skarie stated, yes.
Mr. Bolin stated that during the construction, the City Engineers probably would not have a
problem with equipment going across the grassy portion of 3`d Street. They could come out
�
PLANNING COMMISSION MEETING, JUNE 6, 2001 PAGE 4
once a week or so to work on the cell tower, and staff would rather have them utilize the area
you have.
Ms. Skarie stated they even thought about asking the City for permission for more parking spots
because they are short of spots right now. They are not allowed to park on the street, and it
makes it hard in the winter. If they are not going to put a driveway in the back, they may need to
take out the grassy area to be used for more parking space.
Mr. Bolin stated that Ms. Skarie would need to work with the Engineering staff regarding that.
Mr. Kuechle asked where the cell tower driveway is proposed to go through.
Mr. Skarie stated that the cell tower would be by the east parking entrance on the north side.
Ms. Skarie stated that if this is vacated, half of the property would go to MnDOT and they would
get 15 feet of it.
Mr. Skarie stated that five feet of it would have to go to the City.
Mr. Bolin stated they would need a five-foot easement. If MnDOT holds on to the property, that
would probably not be a problem.
MOTION by Mr. Kuechle, seconded by Mr. Oquist, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:55 P.M.
Mr. Kuechle stated that this is legitimately straightforward and probably will not become a street
so they may as well get it maintained. The cell tower driveway is hard to figure out exactly what
to do with.
Mr. Kondrick stated that he does not know how that would work out either.
Mr. Oquist stated that 15 feet were indicated, but it states it is 29.69 feet on the survey map.
Mr. Bolin stated they are only getting 15 feet of the 29.69 feet. MnDOT would obtain the other
half.
Ms. Johns asked if staff indicated that driving on that grassy area would be approved for
construction of the cell tower.
Mr. Bolin stated that is correct.
Mr. Oquist stated there is the problem of cars being parked back there on parking spots for the
people to access that area for construction.
Mr. Bolin stated that MnDOT would give 15 feet to the petitioner.
Mr. Oquist stated that there would be about 30 feet.
Mr. Skarie stated that just because MnDOT owns the other half now, to vacate it they have to
give them the half and they give it back.
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PLANNING COMMISSION MEETING, JUNE 6, 2001 PAGE 5
Mr. Oquist asked if City Council would have to approve the cell tower going up in that area.
Mr. Bolin stated it is a matter of coming in for a building permit which would stipulate that it
needs to be built on an asphalt area, a requirement in the zoning code.
Mr. Kuechle asked if they left it out entirely, they would still have to put in a hard surface
driveway. The only thing is they are taking away the option of expanding the parking lot behind
the building and using that as an access to the cell tower.
Mr. Bolin stated that the City requires a 25-foot drive aisle for two-way traffic, and it may not be
possible to get any parking stalls behind the existing garage.
Mr. Kuechle stated that they could put them in line giving them a nine foot width.
Mr. Bolin stated that they need to keep it five feet back from the property line; and, even for one-
way traffic, they need an 18-foot drive aisle. There is not a possibility for parking behind the
garage.
MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend approval of SAV #01-05 with
the following stipulations
1. A utility easement on the northern 5 feet of this property be dedicated back to the City.
2. Access to a future cell tower needs to be through the existing driveway and parking lot
area.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Savage stated this would go to City Council on June 18.
3. PUBLIC HEARING:
Consideration of a Rezoning, ZOA #01-02, by Bobby Taylor, to change a dwelling from
single family to a multiple family dwelling, generally located at 401 Ironton Street.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:15 P.M.
Mr. Bolin stated that the petitioner is requesting a rezoning of this property from R-1, single
family, to R-3, multi-family to accommodate the number of units and density with the desire to
operate the properry as a rental sober house. The lot was platted in 1966. In 1976, Norma
Willson obtained a special use permit, #76-08, which at that time made provisions for a single
family residence to be modified to allow a second dwelling unit. That section of City Code was
removed shortly after that time. In 1999, the City became aware the property had been
converted into three distinct units and two sleeping units in the basement. None of the
renovations over the years had been done with any building, electrical permits, or plumbing
permits. In September 1999, Ms. Willson was asked to give the tenants notice and have all but
the two units that were approved vacated. In November 1999, Ms. Willson applied for an R-3
rezoning. The City inspected the building and found the home in serious disrepair and in non-
compliance with building, electrical, and fire codes. The property owner was instructed to
vacate all tenants. After inspection, many structural problems and electrical and plumbing
problems were reviewed, and Ms. Willson withdrew her rezoning request. In February 2000,
City Council revoked the rental license and Ms. Willson failed to meet the requirements by the
5
PLANNING COMMISSION MEETING, JUNE 6, 2001 PAGE 6
May deadline. City Council revoked the special use permit that allowed the second dwelling.
The property was then reverted back to its original status as a single family dwelling.
Mr. Bolin stated that in March 2001, Mr. Taylor, the new owner of the home, contacted the City
requesting inspection of the property in order to obtain a �ental license. At that time,.staff
inspected the home and informed Mr. Taylor that the property was zoned R-1 for single family
use only. When staff inspected the home, it had undergone major remodeling without the
benefit of any permits. There were three distinct units with 9-11 people living on this site. Mr.
Taylor was informed that he had an illegal rental and must reduce the number of persons living
in the home to five in order to comply with the City's R-1 requirements.
Mr. Bolin stated that without the benefit of property inspections, staff was unable to determine
the soundness of the home, quality of the plumbing work, and safety of the electrical work. In
May 20D1, Mr. Taylor submitted this rezoning application. The copy of the inspection sheet
states that no permits were pulled on this p�operty from 1977 on with the exception of Ms.
Willson pulling finro permits to install egress windows in the basement.
Mr. Bolin stated rezoning is discretionary on the part of the City. The consideration of health,
safety, and welfare concerns reflect that this is not adequate to allow rriany units. The request
fails to meet the criteria the City uses to evaluate a rezoning of property. The first criteria is the
compatibility of the use with the comprehensive plan. Nowhere in the plan does the City
mention expanding the R-3 zoning into this neighborhood. The granting of this request would
be inconsistent with the City's overall vision of the neighborhood.
Mr. Bolin stated compatibility with adjacent uses is not appropriate, because this is not allowed
by the R-1 zoning standards and could change the character with increased density and
increased traffic. Parking would not meet the R-3 requirements, and creating a new parking lot
would alter the look and feel of the neighborhood. This request would allow current and future
property owners the ability to remove the single family home that currently exists and replace it
with a 3 unit apartment building.
Mr. Bolin stated compliance of the proposed use with the proposed district requirements is the
third criteria. This does not meet the setback requirement for the R-3 zoning. A total of six
parking stalls would need to be provided on site. A conversion of this property would require a
landscape plan typical for the R-3 district.
Mr. Bolin stated staff recommends denial with many concerns of the health, safety, and welfare
not properly addressed. Mr. Taylor has not applied for the appropriate permits and this is not in
conformance with the comprehensive plan. It would increase neighborhood density beyond the
R-1 standards. The creation of a required parking lot would change the residential character of
this neighborhood. There are two duplexes to the west of Mr. Taylor's properry zoned R-3, but
they are very residential in character. There is a four-plex to the south somewhat residential in
character.
Ms. Savage asked about the other duplexes.
Mr. Bolin stated that they are actually in R-3 zoning. They have been zoned R-3 for a number
of years. A duplex is an allowable use in the R-3 district.
Ms. Savage asked how that cluster got there.
Mr. Bolin stated that it is not uncommon to put some high residential as a buffer befinreen a main
thoroughfare and R-1 single family.
0
PLANNING COMMISSION MEETING, JUNE 6, 2001 PAGE 7
Ms. Savage asked if he received any call regarding this.
Mr. Bolin stated he received six calls from the neighborhood all opposed to this rezoning.
Mr. Oquist asked if the stipulation could be added that a va�iance is required if this is approved.
The side yard setback is not within the code. �
Mr. Bolin stated they could add that.
Mr. Kuechle asked if the 1976 special use permit philosophy was known under what venue it
was permitted.
Mr. Boliq stated that the intent was to allow a mother-in-law type apartment. There were no
stipulations placed on that approval other than one rental unit within the home.
Mr. Kuechle asked if there were any others like that.
Mr. Bolin stated that was the only one he had come across. �
The petitioner, Cathryn Taylor, stated they were unaware that this was not a rental. When they
brought this property, the realtors informed them it was a duplex, that it would need to be
repaired, and then they could apply for rental license. The building has two separate entrances
and two separate kitchens. They purchased it in November of 2000. They bought the property
for sober housing rental. They had an appraisal done on April 10 where it lists on the title that it
is zoned R-2. The appraiser stated she got the information from the City of Fridley.
Ms. Taylor stated they didn't find out it was not zoned properly until Mr. Taylor called for an
inspection. They have saent quite a bit of money updating thi� house and, had they known it
was not zoned properly, they would not have spent this kind of money. They thought they could
just fix this place up themselves. The residents living here are working and paying rent. It is a
support community for people trying to get on their feet. She and her husband manage the
property and check it every night. This is a community service, and they have been
commended on their ability to provide this community service. This is not temporary housing,
___and there will not be an influx of different residents. The current residents are very careful and
comfortable there. They brought letters of recommendation from former neighbors to explain
that they provide a good service. They are willing to do anything the City requests and will
cooperate fully. Their personal residence is only one block away.
Mr. Kondrick asked how many people they expect to live there.
Ms. Taylor stated that they would like thirteen people to be able to reside there paying rent.
Mr. Oquist asked what the R-2 zoning was for.
Mr. Bolin stated that R-2 is for two family dwellings with up to ten unrelated persons.
Mr. Oquist stated this was appraised wrong.
Mr. Bolin stated that is correct.
MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the letters of recommendation
submitted by Ms. Taylor.
U
PLANNING COMMISSION MEETING, JUNE 6, 2001 PAGE 8 --
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Karen Marty, attorney representing the Taylors, stated that the history is irrelevant and
unrelated to how a normal property should be reviewed for a duplex.
Ms. Savage stated that it seemed to her that they wanted to use this for a more than a duplex.
Ms. Marty stated they bought it as a duplex and, in remodeling, they discovered it had more
units. They left the rooms in the basement and fixed them up. They will take them down if that
is what you desire. The comprehensive plan would be very unusual to include a specific plan
for one lot. Usually it is a broad line picture for what you want for the City. This would be an
incredible waste of money and public service opportunity to deter the Taylo�'s request.
Marie and Scott St. Arnold, 350 Ironton Street, stated this issue is still a very sore spot for them
since last year. They both have worked very hard appearing at all meetings regarding this
property. At the last Council meeting regarding this, they were assured that this property would
never-be anything but a single family property. They have done a Iot of work on their property
and would like to keep their value up, too. They have a child and do not need extra traffic or
commercial buildings.
Mr. St. Arnold stated that the City and the Fire Marshall determined that the subfloor was rotted
and needed to be redone to support it.
Ms. St. Arnold stated that it is not a matter of only re-sheetrocking it. There was an enormous
list of repairs needed.
Mr. St. Arnold stated that all the stipulations for rental property state that all the work has to be
done by a licensed contractor.
Ms. St. Arnold stated that every city requires that work be done by a licensed contractor with
valid building permits.
Mr. St. Arnold stated that Fridley is pretty strict and he himself had been caught without a
permit.
Ms. St. Arnold stated that the previous situation with the former owner was awful with garbage,
and it was alleged to be a drughouse and flophouse.
Ms. Savage stated that it now would only be a sober house and does that have any effect on
how she feels about it now.
Ms. St. Arnold stated that the children from that house are coming in her yard. It would be
different if there were no children.
Mr. St. Arnold stated that he understands the need for a sober house being a recovered
alcoholic himself. That does put fear into people, though. There is about a 75% chance for
relapse. Everybody in the neighborhood was happy when Ms. Willson's permit request was
denied as they then hoped someone would buy it only for single family. There are enough
rentals around the neighborhood. The kids from the double bungalow are constantly coming in
his yard by the creek with no parental guidance.
:
PLANNING COMMISSION MEETING, JUNE 6, 2001 PAGE 9
Ms. St. Arnold stated there are too many cars in the street which blocks vision when you turn
the comers. '
Mr. St. Arnold stated that some vehicles have to park on yards.
Ms. St. Arnold stated they were assured that the real estate agents would have to sell it as a
single family home.
Ms. Johns stated that in March when the City went for an inspection, there were 11 people living
there. Did you notice any differences during that time that you did not like?
Ms. St. Arnold stated that there were a lot of extra vehicles but not a lot of extra children in the
neighborhood.
Mr. St. Arnold stated there is a bunch of old concrete sitting by that house right now and how
long is it going to sit there.
Ms. Marty stated that there would be no children living at this house. It is for single women only.
There are onfy a total of three vehicles at this site. The garbage by the f�ouse is supposed to be
picked up and removed, but the Taylors stopped doing anything after they were told of this
hearing.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the pubtic hearing
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:50 P.M.
Mr. Kuechle stated that the rezoning to R-3 would have some possibilities. There are R-3
prope�ties on each side, but he could not vote for a rezoning without a complete plan of how the
property is going to be brought into compliance. He would vote against an approval; and if he
were to consider a proposal, he would require a performance bond because of the history of
problems. There is a lack of any kind of formal plans of how this property might be brought up
to the kind of standards that the neighbors would be comfortable with.
Ms. Johns stated that she was part of this committee when Ms. Willson was applying for the
license and was amazed at the things that happened in that home and the structural problems.
It is nice to see the improvements; but without the permits, it is hard to know if it is structurally
sound. She did not think the R-3 zoning would be the best for the neighborhood. Applying for
this permit is bringing up the unresolved issues and they need to be resolved before this is
brought here again. A timeline would be good because of what happened in the past and the
neighborhood is still very sore. She would vote "no" because it is too early without taking the
steps prior to holding the public meeting for this request.
Mr. Kondrick stated he agreed with Mr. Kuechle exactly. If the sober thing does not work out,
what prevents the owners from renting it out to 15 other people with 15 cars. He is not
comfortable with this. The owners claim ignorance, but spending $50,000 would not have
happened without some kind of plan. He would vote against the rezoning request.
Ms. Savage stated that the sober house plan is commendable and it sounds like the people
living there would not cause a problem; however, this is the wrong place for this and it is too bad
the Taylors did not realize that in the beginning. As a Commission, they have to look at the best
interest of the City of Fridley and this property in the future when the Taylors sell it and an
apartment building could go up. She would have to vote "no".
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PLANNING COMMISSION MEETING, JUNE 6, 2001 PAGE 10
Mr. Oquist stated he concurs with the other Commission members. It is commendable to have
a sober house now; but if that does not work out, it could turn into a three-unit apartment. He
likes Mr. Kuechle's idea of the performance bond and a real plan with timelines. He would go
with denial.
MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend denial of ZOA #01-02.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Savage stated that this goes to City Council on June 18.
Mr. Oquist stated that he would suggest that the duplexes in the neighborhood could also be
cleaned up.
Ms. Bulthuis stated that letters have been sent to them already about parking on the grass and
outdoor storage issues. One of the residents across the street from 401_ Ironton had three
vehicles parked on the grass. Staff is trying to get the neighborhood cleaned up.
Mr. Oquist asked if one of the owners lived in the duplexes.
Ms. Bulthuis stated staff is not sure. If no results are seen, they will try to contact the owner.
4. RECEIVE THE MINUTES OF THE MAY 15 2001 ENVIRONMENTAL QUALITY &
ENERGY COMMISSION MEETING:
MOTION by Ms. Johns, seconded by Mr. Oquist, to receive the minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT:
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting _
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE JUNE 6, 2001, PLANNING COMMISSION WAS ADJOURNED
AT 8:59 P.M.
Respectfully submitted,
; ' o�.
Si e L. Joh on �,j,
Re�ording Secretary
10
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CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 18, 2001
Date: 6/13/01 ��
To: William Burns, City Manager,s[
�
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
RE: Consideration of a resolution for the vacation of streets in tfie Gateway East
project area.
M-01-77
INTRODUCTION
Gateway East Redevelopment, LLC, is seeking to vacate portions of the University
Service Road and 57th Place, generally located at 57`h Avenue & U�iversity Avenue,
in order to accommodate the development of 28 two bedroom townhome units.
Title issues have caused Anoka County to not be able to record the vacations
approved by the City Council in February. The new descriptions for the vacated
streets (attached) have been pre-approved by Anoka County.
PLANNING STAFF RECOMMENDATION
City staff recommends that the City Council approve the resolution for the street
vacation request, with the new legal descriptions.
11
RESOLUTION NO.
RESOLUTION TO VACATE PORTIONS OF THE UNIVERSITY AVENUE SERVICE
ROAD AND 577H PLACE, GENERALLY LOCATED NORTHEAST OF 57TM AVENUE �
UNIVERSITY AVENUE IN ORDER TO ACCOMMODATE THE GATEWAY EAST
REDEVELOPMENT PROJECT.
WHEREAS, Gateway East Redevelopment, LLC, has been selected by the Housing &
Redevelopment Authority to redevelop this site; and
WHEREAS, Gateway East Redevelopment, LLC, has proposed to construct 28
townhome units on this site; and
WHEREAS, realignment of the roadways is necessary to accommodate the
development; and
WHEREAS, neighborhood meetings were held to determine the most favorable street
layout for this project area; and
WHEREAS, public hearings were held on this matter by the Planning Commission on
February 7, 2001, and the City Council on February 26, 2001; and
WHEREAS, title issues arose that prevented the previously approved vacation
descriptions from being recorded at Anoka County; and
WHEREAS, the attached vacation descriptions, which describe the exact same land
area, have been given preliminary approval by Anoka County.
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following:
Portion Accruing to Part of Lot 17, Block 2, City View
That part of the West Half of vacated Universiry Avenue Northeast, dedicated as a public
highway in City View, according to the recorded plat thereof and situate in Anoka Courity,
Minnesota lying between easterly extensions of the north and south lines of Lot 17, Block
--- 2, said City View and the North Half of that part of vacated 57th Avenue Northeast,
dedicated as a public highway in said Ciry View, lying west of the southerly extension of
the east line of said West Half which lies easterly of State Trunk Highway No. 47 as
amended by Width Order No. 62597.
Portion Accruing to Lots 3, 4, 5, 6, 7, and 8, Block 3, City View
That part of the North Half of vacated 57th Place Northeast, dedicated as a public highway
in said City View, according to the recorded plat thereof and situate in Anoka County,
Minnesota lying east of the southerly extensions of the west line of Lot 3, Block 3, said
City View and west of a line described as beginning at a point in the south line of said
Block 3, distant 50.00 feet west of the southeast corner of Lot 8, said Block 3; thence
southe�ly to a point in the north line of Lot 7, Block 6, said City View, distant 9.57 feet
west of the northeast corner of Lot 7, Block 6.
Portion Conveyed by Valvoline
That part of the South Half of 57th Place Northeast, dedicated as a public highway in the
plat of City View, according to the recorded plat thereof and situate in Anoka County,
12
Minnesota lying befinreen the northerly extensions of the east line of Lot 4, Block 6, said
City View, and a line parallel to and 16.50 feet west of the west line of Lot 1, said Block 6.
Portion Accruing to Lot 17, Block 7, City View
That part of the South Half of vacated 57"' Place Northeast lying east of the easterly right
of way of State Trunk Highway No. 47 (also known as University Avenue) as amended by
Width Order No. 62597 and west of that part of the South Half of vacated 57th Place
Northeast accruing to Lots 1, 2, 3, and 4, Block 6, City View.
Portion Accruing to Certificate of Title No. 65929
That part of the South Half of vacated 57th Place Northeast, dedicated as a public
highway in said City View lying east of the northerly extension of the west line of said Lot
5 and west of a line described as beginning at a point in the north line of said Lot 7,
distant 9.57 feet west of the northeast corner thereof; thence northerly to a point in the
south line of Block 3, said Ciry View, distant 50.00 feet west of the southeast corner of
Lot 8, said Block 3.
Portion Accruing to Certificate of Title No. 85283 --
That part of the North Half of vacated 57�h Place Northeast, dedicated as a public highway
in said City View lying between the southerly extensions of the east line of said Lot 2 and
the west line of said Lot 1.
and
That part of the East Half of vacated University Avenue No�theast, dedicated as a public
highway in said City View lying between westerl�r extensions of the north line of said Lot
1, and the south line of the North Half of said 57� Place Northeast.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
18"i DAY OF JUNE, 2001.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT LUND - MAYOR
13
: AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 18, 2001
CffY OF
FRIDLEY
Date: 6/13/01 ��
To: Wiiliam Burns, City Manager �
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
RE: Consideration of a resolution for final plat for the Gateway East project.
M-01-76 --
INTRODUCTION
Gateway East Redevelopment, LLC is seeking to replat the property, generally
located at 57t'' Avenue & University Avenue, in order to accommodate the
development of 28 two bedroom townhome units.
Since the City Council approved the Preliminary Plat on February 26, 2001, title
issues had arisen which caused a delay in moving the final plat forward. After
working with City Staff and Anoka County, the petitioner has made minor
modifications to the plat, which will enable the County to record the plat and
construction to begin.
PLANNING STAFF RECOMMENDATION
City staff recommends that the City Council approve the resolution creating the final
plat with stipulations.
STIPULATIONS
1. Petitioner sha/l obtain a/l necessary permits prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff prior to
the issuance of any building permits, in order to minimize impacts to fhe
surrounding properties.
3. During construction, silt fencing shal! be used where applicab/e.
4. Petitioner to pay $750 per unit park fees prior to issuance of building permits.
5. Petitioner to pay all water and sewer connection fees.
6. The petitioner shall agree to preserve mature trees to the extent possible. All
trees required to be removed for the new homes shal! be marked and
approved by City staff prior to issuance of building permits.
14
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RESOLUTION NO. -2001
RESOLUTION APPROVING A PLAT, P.S. #Ol-01 (GATEWAY EAST), BY GATEWAY
EAST REDfiVELOPMENT, LLC. TO REPLAT PROPERTY FOR THE PURPOSE OF
CREATING 28 LOTS AND 6 OUTLOTS TO ALLOW THE CONSTRIICTION OF 28 OWNER
OCCUPIED TOWNHOME UNITS, GENERALLY LOCATLD AT 571/ AVENUE & IINIVERSITY
AVENUE.
WHEREAS, the Planning Commission held a public hearing on February 7,
2001, and recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for GATEWAY
EAST ADDITION at the February 26, 2001, meeting with stipulations
attached as Exhibit A; and
WHEREAS, a copy of the plat GATEWAY EAST ADDITION has_been attached as
Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the
Final Plat for GATEWAY EAST ADDITION and directs the petitioner to
record plat at Anoka County within six months of this approval or such
approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COtTNCIL OF THE CITY OF FRIDLEY THIS
18th DAY OF JUNE, 2001.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
15
Scott Lund - MAYOR
�
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Page 2- Resolution -2001 - GATEWAY EAST ADDITION
EXHIBIT A
1. Petitioner shall obtain all necessary permits prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff prior to the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
3. During construction, silt fencing shall be used where applicable.
4. Petitioner to pay $750 per unit park fees prior to issuance of building permits.
5. Petitioner to pay alI water and sewer connection fees.
6. The petitioner shall agree to preserve mature trees to the extent possib/e. All trees
required to be removed for the new homes shall be marked and approved by City
- staff prior to issuance of building permits.
FXHIBIT B
See attached plat map in your packets of the GATEWAY EAST ADDITION.
16
� AGENDA ITEM
a
CITY COUNCIL MEETING OF JUNE 18, 2001
CffY OF
FRIDLEY
DATE: June 12, 2001 �
TO: Wiliiam W. Burns, City Manager ,��
FROM: Scott Hickok, Community Development Director
. Paul Bolin, Planning Coordinator
Stacy Bulthuis, Planner
RE: Consideration of a resolution for the vacation of a portion of Third
Street, SAV #01-05, Harriet Skarie
M-01-73
INTRODUCTION
Harriet Skarie, owner of the property at 5451 5�h Street is seeking to vacate a
portion of Th�rd Street that is adjacent to 5�' Street NE and north of the apartment
located at 5451 5th Street.
SU_
This portion of Third Street is an unimproved right-of-way and is not used by the
general public. All possible connections to this street have been vacated,
therefore; City Public Works Staff have indicated that there in no longer a reason
to keep this entire right-of-way. If the vacation is granted, City Public Works staff
has requested that the northerly 5 feet of this property be dedicated back to the
City as an easement. There is a water main located directly north of this property
and the City needs this easement for access purposes.
In 1996 this right-of-way was determined by the City to be an approved site for
the installation of towers or wireless telecommunication facilities.
PLANNING COMMISSION RECOMMENDATION
At the June 6, 2001, Planning Commission meeting, a public hearing was held on
SAV #01-05. After a brief discussion, the Planning Commission recommended
approval of the vacation request, with the stipulations as presented.
THE MOTION CARRIED UNANIMOULSY.
17
PLANNING STAFF RECOMMENDATION
City staff recommends that the City Council concur with the Planning
Commission and approve the resolution for the street vacation request.
STIPULATIONS
1. A utility easement on the no�thern 5 feet of the property is dedicated
back to the City.
2. Access to a future cell tower needs to be through the existing driveway
and parking lot area.
:
RESOLUTION NO.
RESOLUTION TO VACATE A PORTION OF THIRD STREET, GENERALLY
LOCATED EAST OF FIFTH STREET NORTHEAST & NORTH OF THE
APARTMENTS AT 5451 FIFTH STREET NORTHEAST.
WHEREAS, this portion of Third Street is an unimproved right-of-way and is not
used by the general public; and
WHEREAS, all possible connections to this portion of Third Street have been
previously vacated; and
WHEREAS, City Public Works Staff indicates that there is no longer a reason to
keep this unimproved right-of-way; and
WHEREAS, the northerly five feet of this portion of Third Street will be dedicated to
the City as a utility easement; and
WHEREAS, a public hearing was held on this matter by the Planning Commission
on June 6, 2001, and the City Council on June 18, 2001.
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the
following:
1. That portion of Third Street as dedicated in the plat of Hamilton's
Addition to Mechanicsville, Anoka County, Minnesota described as
follows; That part of the Southeast Quarter of the Southwest Quarter of
Section 23 Township 30, Range 24, Anoka County, Minnesota lying
north of the north line of Block 10 (and its easterly and westerly
extensions) Hamilton's Addition to Mechanicsville, according to the
recorded plat thereof situate in Anoka County, Minnesota and lying
east of the northerly extension of the west line of said Block 10'and
lying west of the centerline of 6th Street N.E. as vacated and its
northerly extension.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 18�' Day of JUNE, 2001.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT LUND - MAYOR
19
City of Fridley Land Use Application
SAV #01-05 May 31, 2001
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Harriet Skarie
3504 Larchwood Drive
Minnetonka, NIN 55345
Requested Actions:
Vacate a portion of Third Street
Existing Zoning.
R-2 Two Family Units and R-3 General
Multiple Units
Location:
Portion of third street adjacent to S`� Street,
north of the apartments located at 5451 5`h
Street.
Size of Property:
70,606 square feet 1.62 acres
E�cisting Land Use:
Multi-family apartment building.
Suirounding Land Use & Zoning:
N: Interstate 694
E: Billboard & C-2
S: Cemetery & R-3
W: 4-Plex & R-3
Comprehensive Plan Conformance:
Use of property is consistent with Plan.
Property History:
• 1886 — Hamilton's Addition to Mechanicsville
is platted.
• 1972 — 32-unit apartment building and 16
garages are built.
Legal Descriprion of Property:
See Attached Survey.
Council Action:
June 18, 2001
Public Utilities:
Apartment building is connected.
Transportation:
Property is accessed from 5`h Street.
ZD
Physical Characteristics:
Portion of street to be vacated is an
unimproved right-of-way generally
located north of the properly.
SUMMARY OF REQUEST
The petitioner is seeking to vacate a portion of
Third Street, that is an unimproved right-of-way
and is not used by the general public. In seeking
ttus vacation, the petitioner would gain compliance
with the five-foot setback for the current garages
and it would clear the title and bring the property
into full compliance.
SUMMARY OF ANALYSIS
City Staff recommends approval of the street
vacation, with stipulations.
Due to the following factors:
• Street could not be connected through;
• No utiliries are located under the street;
• Conects an existing non-confomuty with the
garage setbacks.
(Portion of Third Street to be vacated)
Staff Report Prepazed by: Paul Bolin & Stacy
Bulthuis
SAV #01-05
REQUEST
The petitioner, Harriet Skarie is seeking to vacant a portion of 3'� Street also referred to as
55�h Avenue in a survey from 1973, that is currently an unimproved right-of-way and is not
used by the general public.
HISTORY
In 1972 prior to the construction of the apartment building, there was a vacation request
submitted by State Land and Development Company to vacate 55`h Avenue between 5cn
and �th Streets and the 12-foot alley located in Block 10 befinreen Highway #100 on the
north and 54"' Avenue on the south. The vacation was approved for the 12-foot alley
between Highway #100 and 54th Avenue, but the request to vacate 55th Avenue was
denied. At that time City Public Works staff did not recommend vacating this street in case
55t'' Avenue were to ever be utilized again. Since that time all possi6le connections to this
street have been vacated. Current Public Works staff has indicated that there is no longer
a reason to keep this entire right-of-way.
ANALYSIS
The portion of Third Street proposed to be vacated is located directly north of the property
located at 5451 5`h Street. If the vacation is granted, the petitioner would gain the 29 ft. by
302 ft. strip of land and would therefore be correcting an existing non-conformity for their
existing garages. The street could not be connected through because as stated earlier, the
section between the proposed vacation area and 7th Street has been vacated. The area
proposed to be vacated has no underground utilities that would cause the street to not be
vacated.
City Public Works Staff has requested that the northerly 5 feet of this property be dedicated
back to the City as an easement. There is a water main located directly north of this
property and the City needs this easement for access purposes.
RECOMMENDATION
City Staff recommends approval of this proposed street vacation with stipulations.
STIPULATIONS
Staff recommends that if the vacation is granted, the following stipulations be attached.
1. A utility easement on the northern 5 feet of this property be dedicated back to
the Ciry.
2. Access to a future cell tower needs to be through the existing driveway and
parking lot area.
�
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CITY OF
FRIDLEY
TO:
FROM:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 18, 2001
WILLIAM W. BURNS, CITY MANAGER,� _'�Y��
CHUCK MCKUSICK, FIRE CHIEF
JLJNE 13, 2001
SUBJECT: CHEMICAL ASSESSMENT TEAM CONTRACT
The "North Metro Chemical Assessment Team" consists of specially trained firefighters from
Fridley, Coon Rapids and the Spring Lake Park\Blaine\Mounds View (SBM) fire departments
who respond to chemical emergencies in a six county area at the request of the State Duty
Officer. Our relationship with the other fire departments is under a joint powers agreement
written for the specific purpose of providing this service pursuant to the State's Hazardous
Materials Emergency Response program. Fridley is the contracting agency with the State, and
the Fridley Fire Chief is responsible for administering the contract.
Ir. consideration of this service, the State provides the team with equipment, vehicles and training
under an annual $40,000 budget, and also reimburses the team for authorized response costs.
This response capability is used to protect our own community, and offsets the considerable
expense Fridley would incur if it had to provide the service without the State contract.
The partnership with Coon Rapids and SBM fire departments assures the availability of team
members who can respond to a hazardous materials scene, without depleting our own department
staffing level.
The attached resolution would authorize the City Manager and Mayor to execute an extension of
our current contract, from July 1, 2001 to June 30, 2002, which is the State fiscal year. This will
become the sixth year we have had this contract with State Department of Public Safety.
Dir. CA1\Council Resolution June18, O1
22
RESOLUTION NO. - 2001
RESOLUTION AUTHORIZING AGREEMENT WITH THE STATE OF
MINNESOTA FOR FURNISHING CHEMICAL ASSESSMENT TEAM
SERVICES FOR STATE FY 2002
WHEREAS, the City of Fridley's Fire Department has provided Chemical Assessment Team
service to the State of Minnesota under contract which will expire June 30, 2001; and
W�IEREAS, the State has solicited the City to continue said service for a one yeaz period from
July 1, 2001 to June 30, 2002 under substantially the same terms as the current agreement;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Manager are hereby
authorized to enter into a service agreement with the State of Minnesota, Department of Public
Safety, for the providing of Chemical Assessment Team service as authorized by the Minnesota
Hazardous Materials Incident Response Act, and pursuant to the terms and consideration recited
in the "North Metro Chemical Assessment Team" agreement tendered to the City by the State
Department of Public Safety.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18�'
DAY OF JUNE, 200 L
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
23
SCOTT J. LLTND, MAYOR
/
�
QiY OF
FRIDLEY
To:
From:_
AGENDA ITEM
CITY COUNCIL MEETING OF
June 18, 2001
William W. Burns, City Manager�c���
Richard D. Pribyl, Finance Director �
Deb Skogen, City Clerk
Date: June 12, 2001
Re: - Spring Lake Park District 16 Youth Hockey
Premise Permit Application — KJ's Restaurant and Bar, 8298 University
Avenue NE.
Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The
Spring Lake Park District 16 Youth Hockey organization was granted a a charitable gambling
license at KJ's Restaurant and Bar, 8298 University Avenue NE in May of 2000. This license is
up for renewal.
The premise pemut renewal application requires a resolution from the rt�y Council approving
" "�'�l� 2001 and expire
the renewal. If approved, the premise permit would become effective ��' ,
September 30, 2003. Please find a resolution for the premise permit application attached. Staff
recommends approval of the premise pemut application by adoption of the attached resolution.
24
RESOLUTION NO. - 2001
RESOLUTION IN SUFPORT OF AN APPLICATION FOR
A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT RENEWAL FOR
SPRING LAI� PARK DISTRICT 16 YOUTH HOCKEY
K.J.'S RESTAURANT AND BAR, 8298 U1�iIVERSITY AVENUE NE
WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota
Lawful Gambling Premise Pernut Renewal for the Spring Lake Park District 16 Youth Hockey; and
WHEREAS, the locarion of the Premise Permit is for the K.J.'s Restaurant and Bar, 8298
University Avenue NE, and
VVf�REAS, they currently hold a state charitable gambling license which is scheduled to expire on
September 30, 2001; and
WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable
gambling operation.
NOW, TI-�REFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the
Minnesota Lawful Gambling Premise Permit Application for the Spring Lake Park Di e c-�t 16
Youth Hockey at K.J.'s Restaurant and Baz, 8298 University Avenue NE for a period of ,
2001 to September 30, 2003.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TF� CITY OF FRIDLEY THIS _
DAY OF 2001.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
��
SCOTT J. LUND - MAYOR
,.�...:�:.
crnr oF
FRIDLE7
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 18, 2001
TO: William W. Burns, Ciry Manager �
� ��
FROM: Jon H. Haukaas, Public Works Director
DATE: _ June 11, 2001
SUBJECT: TH 47 Noise Wall Aesthetic Improvements
PWO1-051
The attached resolution and agreement is between the City of Fridley-and MnDOT for a lump
sum payment of $30,000 to pay for the aesthetic improvements to the TH 47 (University Ave)
noise wall as requested by the Fridley HRA. MnDOT required that this agreement be between
them and a municipaliry. They would not create the agreement direcdy with the HRA.
The HRA approved the payment of $30,000 to the Ciry of Fridley to pay these costs at its June
7, 2001 meeting.
Recommend the Ciry Council adopt the resolution and approve the Cooperative Constxuction
Agreement with MnDOT for the payment of $30,000 for TH 47 noise wall aesthetic
improvements.
JHH:cz
Attachments
26
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RESOLIITION NO. - 2001
RESOLUTION AUTHORIZING E]CECLJTION OF AGREEMENT NO. 81795
HETWEEN THE CITY OF FRIDLEY AND THE MINNESOTA DEPARTMENT OF
TRANSPORTATION
WHEREAS IT IS RESOLVED that the City of Fridley enter into MnDOT
Agreement No. 81795 with the State of Minnesota, Department of
Transportation for the following purposes:
To provide for a lump sum payment by the City to the State of
the City's share of the costs of the decorative noise wall
trim construction to be performed upon, along and adjacent to
- Trunk Highwa�r No. 47 from 44t'' Avenue Northeast to 625 feet
north of 53= Avenue Northeast under State Project No. 0205-
75 (T.H. 47=156).
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City
of Fridley, Anoka County, Minnesota, authorizes the-mayor and city
manager to execute the agreement and any amendments to the
agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
18th DAY OF JUNE, 2001.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND, MAYOR
27
PRE-LETTING STATE OF MINNESOTA Mn/DOT
SERVICES DEPARTMENT OF TR.ANSPORTATION AGREEMENT NO.
SECTION COOPER.ATIVE CONSTRUCTION
AGREEMENT 81795-R
S.P. 0205-75 (T.H. 47=156)
State Funds
The State of Minnesota
Department of Transportation, and
The City of Fridlev
Re: City lump sum payment for
� decorative noise wall trim
construction by the State on
T.H. 47
AMOUNT ENCUMBERED
.�-
AMOUNT RECEIVABLE
� ��� ���
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Fridley, Minnesota, acting by and through
its City Counc�.l, hereinafter referred to as the "City".
�
r:
e
�
❑
�
81795
WHEREAS the State is about to perform noise wall construction and
other associated construction upon, along and adjacent to Trunk
Highway No. 47 from 44`" Avenue Northeast to 625 feet north or 53Zd
Avenue Northeast in accordance with State plans, specifications
and/or special provisions designated as State Project No. 0205-75
(T.H. 47=156); and
WHEREAS the City has requested that the State include in its contract
decorative noise wall trim construction; and
WHEREAS the City has expressed its willingness to participate in the
costs of the decorative noise wall trim construction and associated
construct�on engineering in an amount equal to $30,000.00 as
hereinafter set forth; and
WHEREAS Minnesota Statutes Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
� _� • • � 4�
- . • � .
The State shall advertise for bids and award a construction contract
to the lowest responsible bidder for State ProjeCt No. 0205-75
(T.H. 47=156) in accordance with State plans, specifications and/or
special provisions which are on file in the office of the
Commissioner of Transportation at St. Paul, Minnesota, and are made a
part hereof by reference with the same force and effect as though
fully set forth herein.
- .� � - .s _�. .- - .� . .s= •r
The State shall direct and supervise all construction activities
performed under the construction contract, and perform all
�
29
0
ai�95 .
construction engineering and inspection functions in connection with
the contract construction. All contract construction shall be
performed in compliance with the approved plans, specifications
and/or special provisions.
- .� -� r-r_.-- •.. .�_ . - � .
The State shall make changes in the plans and/or contract
construction and enter into any necessary addenda, change orders
and/or supplemental agreements with the State's contractor which are
necessary to cause the contract construction to be performed and
completed in a satisfactory manner. However, the State's
Metropolitan Division Engineer at Roseville or hi� authorized
representative or his authorized representative will inform the
appropriate City official of any proposed addenda, change orders
and/or supplemental agreements to the construction contract.
F��•� � - .y .s. - .� . .t
The State shall perform all other acts and functions necessary to
cause the construction contract to be completed in a satisfactory
manner. Acceptance by the State of the completed contract
construction shall be final, binding and conclusive upon the City as
to the satisfactory completion of the contract construction.
ARTICLE II - INSPLCTION BY THE CITY
The contract construction shall be open to inspection by the City.
If the City believes the contract construction has not been properly
performed or that the construction is defective, the City shall
inform the State Division Engineer's authorized representative in
writing of those defects. Any recommendations made by the City are
not binding on the State. The State shall have the exclusive right
to determine whether the contract construction has been
satisfactorily performed by the State's contractor.
ARTICLE III - PAYMENT BY THE CITY
The City shall advance to the State, as the City's full and complete
share of the costs of the decorative noise wall trim construction and
3
30
n
0
81795
associated construction engineering to be performed upon, along and
adjacent to Trunk Highway No. 47 from 44`h Avenue Northeast to
625 feet north or 53rd Avenue Northeast under State Project
No. 0205-75 (T.H. 47=156), a lump sum in the amount of $30,000.00.
The City shall advance to the State the lump sum amount after the
following conditions have been met:
A. Execution and approval of this Agreement and the State's
transmittal of same to the City.
B. Award of the construction contract for the construction to be
performed hereunder.
C. Receipt by the City of a written request from the State for the
advancement of funds.
:_, �t�r� ; : ; • • � �
- .� _r �_�.--
The City may request changes in the plans. If the State determines
that the requested plan changes are necessary and/or desirable, the
State will cause those plan changes to be made. ,
- .� -. -�i-� . - •_
The City shall furnish the State's contractor with new castings
and/or parts for all inplace City-owned facilities constructed
hereunder when replacements are required, without cost or expense to
the State or the State's contractor, except for replacement of
castings and/or parts broken or damaged by the State's contractor.
Section C Examination of Books Records Etc
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
� books, records, documents, and accounting procedures and practices of
the State and the City relevant to this Agreement are subject to
4
31
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81795 .
examination by the State and the City, and either the legislative
auditor or the state auditor as appropriate, for a minimum of six
years from final payment.
- .� � ,�_
Each party is responsible for its own employees for any claims
arising under the Workers Compensation Act. Each party is
responsible for its own acts, omissions and the results thereof to
the extent authorized by law and will not be responsible for the acts
and omissions of others and the results thereof. Liability of the
State is governed by Minnesota Statutes Section 3.736 and other
applicable law. Liability of the City is governed by Minnesota
Statutes chapter 466 and other applicable law.
- .� •. --� -s .. .
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE V - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements ----
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, Minnesota 55155,
(651) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is John Haukaas, Director of Public Works, or his
successor. His current address and phone number are 6431 University
Avenue Northeast, Fridley, Minnesota 55432, (763) 571-3450.
�
5
32
S
81795
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
CITY OF FRIDLEY
By
Mayor
Date
By
Title
Date
COMMISSIONER OF ADMINISTRATION
As deleqated to Materials Management Division
By
DEPARTMENT OF TRANSPORTATION
Reco�nended for approval:
By
Division Enqineer
Approved:
By
State Desiqn Enqineer
Date � -
OFFICi3 OF THE ATTORNEY GENERAL '
Approved as to form and execution:
By
Date
Date
0000000000000000000000000000000000000
This Agreement was acknowledged before me this day of , 2001,
by and ,
(Name) (Name)
the Mayor and of the City of Fridley.
(Title)
Notary Public
My Commission Expires
A'�'�`-
.:��� �ti�1~
6
33 � KS
�
�
��
FR�LEY
TO:
FROM:
DATE: _
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 18, 2001
William W. Burns Ci Mana er �
, ry g �
Jon H. Haukaas, Public Works Director
June 7, 2001
Contract Amendment for Design services for TH 65 Causeway
PWOI-052
Attached is a letter outlining the additional engineering services SEH will need to provide in
order to complete the design of the TH 65 Causeway Improvements to a point where we can
be eligible for Federal funding of the project.
The original agreement for engineering services called for SEH to provide technical services
designing the improvements on TH 65 from the south end of Moore Lake to 63`d Avenue.
This set of plans could then be turned over to MnDOT for construction. The agreement
needs to be expanded for several reasons. Since we were unable to persuade MnDOT to
include this project into the State Transportation Plan, we are seeking other funding options.
The Federal Aid process is the most likely source to fiznd the project and requires several
additional steps be added to the design process. These include the preparation of a"Project
Memorandum" which documents the social, economic and environmental impacts of the
project. This is similar to the Environmental Impact Statement (EIS) used on larger projects.
The Federal Aid process also requires that we hold a public information open house. SEH will
provide technical assistance and visual images for this meeting. The final addition required by
the Federal Aid process is the preparation of a staging layout showing how the project will be
constructed and what will happen to the existing traffic during that time. This was not in the
original scope of services.
One of the other items contributing to the expansion of services is SEH aiding the City in
preparing right-of-way and easement documents for the intersection of TH 65 and 61"
Avenue. These are necessary to accommodate additional width for reconfigured turn lanes
and signalization not identified until preliminary layouts were put together. The last item is
MnDOT's requirement that we extend the project approximately 1,000 feet north of 63`a
This allows for safer merge lanes between 63`d and Mississippi Street. Without this additional
length, MnDOT would require us to close the 63`d Ave access to TH 65.
34
' June '7, 2001
PWO 1-052
- Page 2
The City is funding this design through a$500,000.00 grant from DTED. $38,744.60 was
spent on preliminary subsurface investigation and the feasibiliry study. The current SEH
contract is for $380,200.00.
The estimate for additional services from SEH is $115,250.00. The Ciry would need to fund
$34,194.60 above the $500,000.00 DTED grant. These services are necessary to have any
chance of Federal funding.
Recommend the Ciry Council approve the Contract Amendment with SEH for the design of
TH 65 Causeway Improvements in the amount of $115,250.00.
J HH:cz _
Attachment
35
�
�
-
-
May 31, 2001
3535 Vadnais Center Drive, St. Paul, MN 55110-5196 651.490.2000 651.490.2150 FAX
arcltitectu�t • tngine�ring • environmental • tsansporeation
RE: City of Fridley
TH 65 at Moore Lake Causeway
S.P. 2704-74
City Project ST 2002-7
SEH No. A-FRIDL0004.00
Mr. Jon Haukaas
Director of Public Works
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
Dear Mr. Haukaas:
This letter describes additional engineering services requested by the City for the Moore Lake
Causeway project. If acceptable, this letter would serve as an amendment to our original
Engineering Services Agreement dated August 14, 2000.
Background
The preliminary design phase of the work is very nearly completed. Some of the assumptions made
at the time of the proposal have changed. The limits of the project have been expanded north, and
staging of the work on the causeway must be part of the project. Detouring tra�c is not acceptable
to Mn/DOT. In addition, the City has asked for public meeting assistance in the form of computer
images, exhibits, handouts and attendance at the meeting. We have also been asked to prepare a
Project Memorandum, project documentation necessary for a federal funding path.
Scope of Work
The following paragraphs describe our approach and understanding of the work requested.
Attached is a detailed man-hour task breakdown that further describes the work.
Public Meeting
We expect to provide three computer images illustrating the before and after construction condition
of the causeway for use at the public meeting. One of the images will be of the causeway from an
aerial photo, and the other from the south end of the project neaz Old Central. The third image is
proposed to be a night image of the causeway from the east side of the lake near the park. The
impact of lighting options will be illustrated as seen by the residents that live on that side of the
lake. I have inclnded three SEH staff inembers to attend the public meeting - me, the project
engineer, and the lighting specialist. We have assumed the meeting will be an open house format so
people can come and go and they please. SEH will have comment cards and handouts explaining
the project, availab(e for the public.
Short Elliott Hendrickson Inc. • Offices located throughout the Upper Midwest • Equal Opportunity Empioyer
Wi lulp you fi[d��gn, and achieve.
�v
Mr. Jon Haukaas
May 31, 2001
Page 2
Project Memorandum
The City of Fridley intends to submit for a Federal Aid grant to finance the project. If the project
follows a federal funding path, the City of Fridley must prepare a Project Memorandum to conform
to State and Federal Aid processes. A Project Memorandum (PM) documents the social, economic,
and environmental impacts of the project and proposed mitigation. The PM is also used to
document design exceptions, and ultimately serves as the document used to obtain approvals.
The work tasks for the PM include Data Collection, Agency Reviews, Preparation and Distribution
for the Project Memorandum. SEH will complete a PM in accordance with the procedures outlined
in the State Aid Project manual. SEH will be responsible for requesting reviews from the DNR,
MPCA and coordinating document submittal and review with the Office of State Aid. SEH will
incorporate review comments and prepare a final PM for resubmittal to State Aid.
Stagiag
At the time of the engineering services proposal, the project had not been formulated far enough to
include staging. It would be more cost effective and take less time if TH 65 would not have to carry
traff'ic during construction. However, the local, county and other Mn/DOT transportation routes do
not have enough capacity to allow for a closure. The work task includes development of staging
concepts so they can be reviewed by Mn/DOT and others for feasibility. The detail tasks also show
time to prepaze four stages of work sequence and subsequent traffic control to satisfy Mn/DOT
design and plan format requirements.
Expanded Project
The original proposal included preparation of plans from Old Central to 63`d Avenue. During the
preliminary layout phase, Mn/DOT has required the southbound lane to be expanded approximately
another 1,000 feet north. There is also discussion regarding extension of the northbound through
lane up to Mississippi Street and dropping it as a right turn lane at the intersection. Currently we do
not have surveys in this area. Because the widening is occurring as fill over an existing ditch, we
recommend getting additional borings so the embankment can be properly destgned. We propose to
gather the surveys and borings needed for both northbound and southbound to save time.
The extension of the project roughly adds another plan sheet to each plan such as removals,
construction, drainage and erosion control. It requires special attention to the ditch grades and
extensions or replacement of the existing culverts. Typical sections will need to be added.
Earthwork calculations and cross sections will also need to be completed for this area.
Right-of-Way
The original proposal did not anticipate assisting the City with right-of-way. We have been asked
to prepare easement descriptions and exhibits for three parcels that are adjacent to 63rd Avenue.
37
Mr. Jon Haukaas
May 31, 2001
Page 3
Compensation
We propose to be compensated for the scope of the work described on an hourly basis within the
terms of our original contract. Compensation will be based on hourly cost of personnel, plus
reimbursable expenses including reproducdons, mileage, equipment and subcontracted geotechnical
services. We have estimated our services to cost $115,250.
If the work outlined in this proposal is satisfactory, please sign both copies below and return one for
our records. Please contact me if you have any questions, or need more information.
Sincerely,
Short Elliott Hendrickson Inc.
Susan M. Mason, P.E.
Sr. Project Manager/Principal
sah
������ ��.�
Accepted this day of , 2001
City of Fridley
BY=
Authorized Client Signature
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39
/
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FRIDLEY
���
FROM:
DATE: _
�,b. .� ; ��: .
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 18, 2001
William W. Burns, Ciry Manager �
��
�
Jon H. Haukaas, Public Works Director
June 6, 2001
SUBJECT: Agreement with DNR to Fund Fishing Pier at Moore Lake
PWO1-050
The Parks Maintenance Division applied for, and received, a Minnesota DNR grant for a new
fishing pier at Moore Lake to help accommodate the intense use of that park. The new fishing
pier will be a floating design extending 64 feet &om shore with an 8-foot by 40-foot "T"
platform at the outer end. Installation would be early summer 2002.
The attached agreement states that the State shall provide the fishing pier structure except for
the $10,000 matching funds by the Local Unit of Government. We have identified the
$10,000 in the 2002 Capital Improvement Plan budget to fund our share of this project.
Recommend the Ciry Council accept the grant agreement to pay matching funds for a new
Moore Lake fishing pier.
JHH:cz
Attachment
� 1
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. �' ���ss,�~��;�2s
. �
'�'A`� !0� '�`3
CttYOF ,: �,,� �
FR[DL�.Y � ��sr�E��� _,�
�y
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•. -
FRIDLEY MLJNICIPAL CENT'ER • 6431 UMVERSITY AVE. N.E. FRIDL.EY, MN 55432 •(763) 5']1-3450 • FAX (763) 571-1287
May 15, 2001
Mr. Rick �alsh
MN Department of Natural Resources
1200 Warner Road
St Paul M1�T 55106
Subject: Moore Lake Fishing Pier
Dear Mr. Walsh:
PWO 1-022
The City of Fridley has identified � 10,000 in our 2002 Capital Improvement Program as matching
funds to a Minnesota Department of Natural Resources grant to replace the fishing pier at Moore
Lake. The pier is to be constructed on the east shor� in Moore Lake Park generally lotated at
5890 Central Ave NE in Fridley. We understand that all future maintenance associated with this
project is the responsibility of the City.
If you have questions or need additional information, please contact me at 763-572-3550.
Sincerely,
�
r
���..
Jon H. Haukaas
Public Works Director
Jxx:�Z
�
._._�.
FISHING PIER/SHORE FISHING AGREEMENT
This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Depa�tment of
Natural Resources, hereinafter referred to as the "State" and City of Fridley hereinafter referred to as the "Local
Unit of GovemmenY'.
WITNESSETH:
WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota
Statutes Section 97A.141 to provide public access sites on lakes and rivers where access is inadequate; and
WHEREAS, the State and the Local Unit of Government are authorized under Minnesota Statutes Section 471.59 to
enter into agreements to jointly or cooperatively exercise common powers; and
WHEREAS, the Local Unit of Government and the State have determined that a fishing pier site on Moore Lake
hereinafter referred to as the "Fishing Pier" is. of high priority under the state public water access program; and
WHEREAS, plans for the Fishing Pier have been developed and approved by the State and are attached hereto as
Exhibit "A" and shall be referred to as the "Plan", (the actual length of the pier shall be 84 feet); and
.
WHEREAS a Fishing Pier site location on Moore Lake has been selected by the State and Local Unit of
Govemment as shown on the map attached hereto as Exhibit "B" and is legally described as follows: Gov Lots 1& 2
including Lot 15 Melo Land Gardens, NW 1/4, Sec. 2, T30N, R24W.; and
WHEREAS, a resolution or copy of the Local Unit of Government council/board meeting minutes authorizing the
Local Unit of Government to enter into this agreement is attached hereto as Exhibit "C' ; and
WHEREAS, the State and Local Unit of Govemment desire ta cooperate in the installation and maintenance of the
Fishing Pier on Moore Lake.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the public bodies hereto and for the
benefit of the general public, the parties agree as follows:
INSTALLATION
Installation of the Fishing Pier structure itself shall be the responsibility of the State, however, the
Local Unit of Government shall provide personnel and equipment when feasible to assist with the
installation. The Local Unit of Govemment will construct and pay for a concrete footing and
approach at the shoreline connecting the gangway to the shore. The Local Unit of Govemment will
also construct and pay for a hard surfaced, accessible sidewalk/path connecting Ehe �ishing Pier to
an accessible parking space. The Local Unit of Govemment agrees to complete their portion of the
project within one year of the effective date of this Agreement.
OPERATION OF THE FISHING PIER
The Local Unit of Govemment shall operate the Fishing Pier in the following manner:
A. The Local Unit of Government shall comply with all local, state, and federal laws,
regulations, rules, and ordinances which may apply to the management, operation, and
maintenance of said premises.
B. The Fishing Pier may only be used for fishing, observation and other compatible uses.
C. The Fishing Pier and related facilities shall be free and remain open every day during open
water season for at least sixteen (16) hours per day between the hours of 6:00 a.m. and
midnight or in conjunction with existing and established Local Unit of Govemment hours of
use for its park facilities. The Fishing Pier may be closed by the Local Unit of Government
in emergency situations or with the prior written consent of the State. The State shall be
notified within three (3) days if the Fishing Pier is closed for emergency reasons.
D. Free and adequate pa�king in the vicinity will be provided for the Fishing Pier including at
least one designated accessible parking space for persons with disabilities.
E. The State reserves the right to inspect the premises at all times to insure that the Local Unit
of Government is in compliance with the terms of this Agreement.
42
F. The Local Unit of Government shall provide police protection in accordance with the Local
Unit of Govemment's customary practices in providing for the Local Unit of GovernmenYs
public park areas.
G. The State shall post a sign informing the public that the Fishing Pier is cooperatively
provided by the Local Unit of Govemment and the Minnesota Department of Natural
Resources.
H. The State shall retain ownership of the Fishing Pier and retains the authority to relocate
and/or remove the Fishing Pier if the site (Exhibit "B") is detennined to be inadequate or if
the Local Unit of Government fails to comply with the terms of this-Agreement. Before such
removal or relocation, the State shall consult with the Local Unit of Government.
I. The Local Unit of Govemment shall make a good faith effort to keep the Fishing Pier in
clean and sightly order in accordance with the Local Unit of GovemmenYs customary
practices for the maintenance of public park areas. Additionally, the Local Unit of
Government shall provide aIl necessary routine maintenance and minor repairs including
but not limited to the repair or replacement of decking and railing. The State shall assist the
Local Unit of Government with major structural repairs subject to the availability of funding
according to the provisions of Paragraph III below.
J. The Local Unit of Government shall provide any permit or license to the State which it might
require for the Fishing Pier.
K. The Local Unit of Govemment shall take necessary action no earlier than October 15"' of
each year to protect the Fishing Pier from damage caused by ice action. Additionally, if
necessary, the Local Unit of Govemment shall return the Fishing Pier to its original location,
Exhibit "B", no later than May 1°` of each year.
III. FUNDING
The State shall provide the Fishing Pier structure in accordance with the Plan. Except for the
10 000 (ten thousand dollars) donation by the Local Unit of Government, the cost of the
Fishing Pier structure shall be bome by the State,. Said donation shall be made by the Local Unit of
Govemment after the State has ordered the pier and prior to said delivery date of the structure. The
obligation of the State for the cost of repairs and stn.ictural improvements beyond the initial
construction cost is limited to the amount of funds legislatively appropriated and administratively
allocated to this project.
IV. LIABIL.ITY
Each party agrees that it will be responsible for its own acts and the results thereof to the extent
authorized by the law and shall not be responsible for the acts of the other party and the results
thereof. The State's liability shall be govemed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, and other applicable law. The Local Unit of GovemmenYs
liability� shall be governed by Minnesota Statutes Sections 466.01-466.15, and other applicable law. --
V. TERM
This Agreement shall be effective on the date it is signed by the Office of the Attomey General and
shall remain in effect for a period of twenty (20) years except as otherwise provided herein or
agreed to in writing by both parties. This agreement shall renew at the end of the term for an
additiunal five (5) year period unless a party gives three (3) months written notice to the other party
to temiinate the agreement. This agreement shall continue to automatically renew at the end of
each five (5) year period unless the required written notice is given.
VI. AUDIl"
The bc�oks, records, documents, and accounting procedures and practices of the Local Unit of
Government relevant to this Agreement are subject to examination by the Commissioner of Natural
Resources and the State Auditor.
VII. ANTI7'RUST
The UUG hereby assigns to the State any and all claims for overcharges as to goods and/or
services provided in connection with this Agreement resulting from antitrust violations that
arose under the antitrust laws of the United States and the antitrust laws of the State of
Minnesota.
43
0
VIII. COMPLETE AGREEMENT .
This Agreement, and ammendments, constitutes the entire agreement between the parties.
IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound
thereby.
DEPARTMENT OF NATURAL RESOURCES (Local Unit of Govemment)
_ gy: By:
Title: Title:
Date: Date:
(Local Unit of Govemment)
APPROVED AS TO FORM AND EXECUTION .
Mike Hatch, Attorney General BY� �
gy. Title:
Title: Assistant Attomey General Date:
Date:
2/9/99 H:\T81MFisingPiers�FPAgmt
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Rtq�ona! Fisheriei Sups�viss�'s Signature � C�t•
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❑ OI SAPPROVEO �_ _ __ � _
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�
GTY OF
FRIDLEY
AGENDA ITEM
COUNCIL MEETING OF
JUNE 18, 2001
CLAIMS
99838 - 100 � 39
.;
�
CfTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 18, 2001
LICENSES
Type of License: �
FOOD
Wendy's Old Fashioned Richard James
Hamburgers
7601 Hwy 65
Fridley, MN 55432
Approved By:
Public Safety
Fire Inspector
Community Development
King Club & Restaurant Suki Marie Lewandowski Public Safety
1051 E. Moore Lake Dr Fire Inspector
Fridley, MN 55432 Community Development
TREE REMOVAL
Dave's Tree Service David Lenarz
& Landscaping
610 2"d St NE
Little Falls, MN 55345
AUCTION
Michael Servetus Unitarian Society Bruce Van Bronkhorst
5824 Halifax Ave N.E. �
Brooklyn Center, MN 55429
INTOXICATING LIQUOR
Main Event Robert Chaput
7820 University Ave NE
Fridley, MN 55432
Public Works
Public Safety
Public Safety
Building Inspector
King Club & Restaurant Suki Marie Lewandowski Public Safety
1051 E. Moore Lake Dr Building Inspector
Fridley, MN 55432
.•
Fee
$45
$45
$40
Fee
Waived
$8,600
$8,600
AGENDA ITEM
City Council Meeting Of Monday, June 18, 2001
City of
Fridle
Electrical
JNK Electric Inc
321 Quincy St NE
Minneapolis MN 55413
Gas Services
Dependable Indoor Air Quality Inc
2619 Coon Rapids Blvd NW
Coon Rapids MN 55433
Dorweiler B A Services
1809 Point Douglas Rd S
St Paul MN 55119-
Knight Heating 8 Air Cond Inc
10413 61 St NE
Albertville MN 55301-
Marsh Heating 8 AC Inc
6248 Lakeland Ave N
Brooklyn Park MN 55428
Midwest Heating 8� AC Inc
26355 Tucker Rd
Rogers MN 55374
Peterson & Pinney Inc
4151 Coon Rapids Blvd NW
Coon Rapids MN 55433-
Statewide Home Supply 8 Service
1454 3 3/8 St
Turtle Lake WI 54889-8819
�
John Kouri
James Holt
Blaine Dorweiler
Kenneth Lien
Kelly Marsh
Lance Hamey
Larry Tumquist
Greg Weber
50
Ap�roved Bv:
State of MN
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
�1L�.
General Contractor-Commercial
Greiner Construction Inc
222 S 9 St #600 Wolfgang Greiner
Minneapolis MN 55402-
Nu Look Exteriors inc
3801 W 145 St Brett Looney
Bumsville MN 55306-
General Contractor-Residential
B & B Building � Remodeling (20262207)
8272 Irving Ave Tracy Brown
Brooklyn Park MN 55444-1566
Blomquist Exteriors Inc (20172580)
12601 Harpers St Mitch Blomquist
Blaine MN 55449-
Cedar Valley Exteriors Inc (20177285)
9920 Zilla St Jeff Hausmann
Coon Rapids MN 55433-
Home Pride Remodelers (20013090)
790 W Wentworth Ave Todd Hoffman
Mendota Heights MN 56118-
LaFrance Exteriors (20265227)
2022 N Ferry St#3101 Jeff LaFrance
Anoka MN 55303
Statewide Home Supply 8� Service (4774)
1454 3 3/8 St Greg Weber
Turtle Lake WI 54889-
Stinson Exteriors (20069652)
901 22 Ave NE Jerry Stinson
Minnepolis MN 55418
51
• .. . -.
Ron Julkowski
Buiiding Official
Ron Julkowski
Building Official
State of MN
State of MN
State of MN
State of MN
State of MN
State of MN
State of MN
Heatina
Dependable Indoor Air Quality Inc
2619 Coon Rapids Bivd NW
Coon Rapids MN 55433-3900
Dorvveiler B A Services
1809 Point Douglas Rd S
St Paul MN 55119-
Knight Heating & Air Cond Inc
10413 6?'St NE
Albertville MN 55301-
Marsh Heating & AC Inc
6248 Laketand Ave N
Brooklyn Park MN 55428
Midwest Heating 8� AC Inc
26355 Tucker Rd
Rogers MN 55374
Peterson � Pinney Inc
4151 Coon Rapids Blvd NW
Coon Rapids MN 55433
Mobile Home Installer
Statewide Home Supply & Service
1454 3 3/8 St
Turtle Lake WI 54889-8819
Plumbina
Perkins Dave Contracting Inc
14230 Basalt St NW
Ramsey MN 55303-
Peterson 8 Pinney Inc
4151 Coon Rapids Blvd NW
Coon Rapids MN 55433-
�
James Holt
Blaine Dorweiler
Kenneth Lien
Kelly Marsh
Lance Hamey
Larry Tumquist
Greg Weber
Dave Perkins
Larry Tumquist
52
Anoroved B�
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
State of MN
State of MN
State of MN
�L: Anuroved B�
Rose Plumbing
1131 W Co Rd B Dennis Wagner State of MN
Roseville MN 55113
53
CITY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 18, 2001
To: William W. Burns, City Manager �L�r
From: Richard D. Pribyl, Finance Director �Q
Debra A. Skogen, City Clerk
Date: June 12, 2001
Re: - Continued Public Hearing of Proposed Charter Amendment on Chapter 6 and 8 of the
Fridley Charter Pertaining to Contracts, Public Improvements and Special Assessments
A public hearing was held on June 4, 2001, and continued to the next City Council meeting
pertaining to the Charter Commission proposed amendments to the City Charter.
The Fridley Charter Commission began reviewing Chapter 8 last spring to see if any changes were
necessary to update the language. They requested information from John Flora, the former Public
Works Director and the Minnesota State Legislature had passed a new law changing the dollaz
amount required for the competitive bid process. The state law was changed from a$25,000
threshold to $50,000, and the Fridley Charter is currently $10,000. During this legislative session,
the special assessment threshold was also changed to $50,000.
Upon reviewing the recairunendations of Mr. Flora and the new state laws, the Charter Commission
moved to amend the City Charter and drafted an ordinance, as shown in Attachment 1. The
ordinance was reviewed by Charter Commission Attorney Elizabeth Moore, who said the ordinance
was appropriate and advisable.
Staff recommends continuing the public hearing.
54
Attachment 2
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 6.06, CONTRACT5, HOW LET AND
CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS OF THE
FRIDLEY CITY CHARTER
The City Council of the City of Fridley does hereby ordain as follows:
That the following sections of the Fridley City Charter be amended as follows:
Secrion 1: That Section 6.06. CONTRACTS, HOW LET, be amended as follows:
In all cases of contracts for the purchase of inerchandise, materials or equipment or for any kind
of construction work undertaken by the City, which require an expenditure of more than that
which is set by the State Statutes, unless the Council shall by an emergency ordinance otherwise
provide, the City Manager shall advertise for bids by at least ten (10) days published notice in the
official newspaper. When a bid is required, it shall be let to the lowest responsible bidder who is
qualified in accordance with Minnesota State Statutes as determined by the Council. The
Council may, however, reject any and all bids. Nothing contained in this Section shall prevent
the council from contracting for the doing of work with patented processes, or from the
purchasing of patented appliances.
Section 2: that CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS,
be amended as follows:
Section 8.01. THE CITY PLAN.
The present �}�ge zoning and comprehensive plans shall be the plar�s for future physical
development of the City. &�s�i�Plarn may be altered from time to time. To alter s�s�ia zoning
plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior
to hearing with notices sent to affected proper�y owners. It may include provisions for zoning,
for the platting and development of new areas, for the planning and location of public works of
art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities,
and for laying out, �g improving e�streets and public places as well as €e� all other matters
which may seem essential to such a plan.
Section 8.02. ENFORCEMENT OF CITY PLAN.
The Council shall have all necessary power, acting through the City Manager, to enforce
complete adherence by all persons to the plarn adopted as provided above, and to adopt and
enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to
regulate the use of private property, the height of buildings, and the proportion of the area of any
lot which may be built upon and to establish building lines. Such power shall be exercised to
promote public health, safety, morals, welfare and convenience.
55
Ordinance No.
Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS.
Page _
The City shall have the power to make any and every type of public improvement not forbidden
by the laws of the State and to levy special assessments to pay for all such improvements as are
of a local character, in accordance with Minnesota State Statute Chapter 429, Local
Improvements, Special Assessments. The amounts assessed to benefited property to pay for
such local improvements may equal the cost of the improvements, including all costs and
expenses connected therewith, with interest, until paid, but shall not exceed the benefits to the
property.
Section 8.04. LOCAL IMPROVEMENT REGULATIONS.
�
. The City Council may prepaze and adopt
a comprehensive ordinance, prescribing the procedure which shall determine all matters
pertaining to the making of local improvements thereafter, and such ordinance shall supplant all
other provisions of law on the same subject and may be amended only by an affumative vote of
at least four (4) members of the City Council. Such ordinance shall provide for such notice and
hearing in the ordering of improvements and the making of assessments therefore as shall be
necessary to meet constitutional requirements. Such ordinance shall also require a petition of a
majority in number and interest of the owners of property to be assessed for such improvement,
or improvements, for the initiation thereof; provided that the City Council may proceed upon its
own initiative hereunder and under such ordinance by resolution adopted by €�e-�� four/fifths
� afiumative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776)
Section 8.05. PUBLIC WGRKS HOW PERFORMED.
1. Public works including all local improvements, may be constructed, extended, repaired or
maintained either by contract or, 'f +'� *' * '' ^^°+ ;c '°"" +"�^ ^ ° +''^.,c'"'' ''^""'°
, , directly by day labor. Before receiving bids the City Manager shall, under the
direction of the City Council have suitable plans and specifications prepared for the
proposed material or project and estimate of the cost thereof in detail. The award of any
contract amounting to more than � fiftv thousand dollars ($�50,000) shall require an
affirmative vote of at least four (4) members of the City Council. When the best interest
of the City will be served thereby, the City Council may organize a s��as�s�ie� public
works department under competent supervision and provided with suitable equipment.
(Ref. Ord. 776)
2. The right is reserved to the City Council, upon the recommendation of an engineer, acting
through the 6e�st�st�e� public works deparhnent, to bid on any work to be let by
contract. All contracts shall be let to the lowest responsible bidder who is qualified in
accordance with Minnesota State Statutes. ,'�••—��- The term "lowest responsible
bidder" shall be interpreted as giving the City Council the right to accept any bid which it
determines to be most advantageous to the City. The City Council shall reserve the right
to reject any or all bids in accordance with Minnesota State Statute Chanter 429.
r� . '1 a a' tl� ..a .e..«:�e.,,o„+ F .. L.:a� .,a �l,o__o.,s,..,+;,.,, „F �t,e
r c a a
56
0
Ordinance No.
Page _
. The City shall require contractors to furnish
proper bonds for the protection of the City, the employees and material person. (Ref.
Ord. 776)
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 2001.
.
;
Scott J. Lund — Mayor
ATTEST:
Debra A. Skogen — City Clerk
Public Hearing: June 18, 2001
First Reading:
Second Reading:
Publication:
57
.
,
�
� AGENDA ITEM
` CITY COUNCIL MEETING OF JUNE 18, 2001
CfTY OF
FRIDLEY
Date: 6/13/01 �
To: Wiliiam Burns, City Manager �
From: Scott Hickok, Community Development Director
_ Paul Bolin, Planning Coordinator
Stacy Bulthuis, Planner
RE: Public Hearing for ZOA #01-02 M-01-74
INTRODUCTION
Mr. Bobby Taylor, property owner of 401 Ironton, is requesting rezoning this property.
from R-1 Single Family to R-3 Multiple Family, in order to accommodate the number
of units and density desired to operate as rental sober housing.
City Staff is recommending denial as the request fails to meet the City's criteria for
rezoning.
PLANNING COMMISSION ACTION
-- At the June 6, 2001, Planning Commission meeting, a public hearing was held for
ZOA 01-02. After reviewing the staff report and hearing from the petitioners, a
motion was made to recommend denial of the rezoning request. The motion passed
unanimously.
, PLANNING STAFF RECOMMENDATION
City Staff recommends the public hearing for ZOA 01-02 be held. City Staff further
recommends concurrence with the Planning Commission in denial of this rezoning
request.
m
,ren E btarty To: Scott Hickok
_ .,:
3601 Minnesota Drive
Suite 880
Bloomington, MN 55435
Mr. Scott Hickok
Community Development Director
6431 Univenity Ave. N.E.
Fridley Municipal Center
Fridley, MN 55432
Dear Mr. Hickok:
Date: 6/18/Ol Tims: 3:46:32 PM
KAREN E. MARTY
Attorney at Law
June 18, 2001
�-r➢aga2ot2
Telep6one: (952) 921-5859
e-mail:lrnsartyQix.netcom.com
Fax: (952)830-8211
Thank you for taking the time to speak with me this afternoon. As I indicated over the
tele,�hone, the Taylors would appreciate a continuance of their rezoning request from tonight to
the second City Council meeting in July. If this time is outside the 60-day-rule (Minn. Stat.
§ 15.99), they waive that time limitation to that date.
We understand that the City Council has published notice of a public hearing and will
probably open the hearing. We are asking that they then continue it until their second meeting in
July.
Although I did not mention it on the telephone, I broke a bone in my foot last Friday, and
find it difficult to get around. A continuance will give me time to (forgive the pun) get back on
my feet again.
Thank you for your consideration.
Sincerel ,
Karen E. Marty �,.
Attomey at Law (i'
cc: The Taylors
c
ORDINANCE NO. _____
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,
MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS
SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley and
described as:
Lot 2, Block 1, Froids Addition, as recorded at the office of the Anoka
County Recorder, generally located at 401 Ironton Street
SECTION 3. That the Zoning Administrator is directed to change the official zoning
map to show said tract or area to be rezoned from Zoned District R-1, One
Family Units to R-3, General Multiple Units.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_ _DAY OF __�_, 2001.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Public Hearing: June 18, 2001
First Reading: June 18, 2001
Second Reading:
Publication:
59
SCOTT J. LUND - MAYOR
City of Fridley Land Use Application
ZOA-01-02 June 6, 2001
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Bobby Taylor
401 Ironton Street
Fridley, MN 55432
Requested Acrion:
Rezone property to R-3.
Existing Zonuig:
R-1 Single Family Residential
Location:
401 Ironton Street
Size:
13,464 square feet .3 acres
Sunounding Land Use & Zoning:
N: Single Family Home, R-1
E: Single Family Home, R-1
S: Apt. Complex, R-3
W: Duplex, R-3
Comprehensive Plan Conformance:
Proposed use of property is inconsistent with Plan.
Zoning Ordinance Conformance:
Section 205.09.O1.A,(1) allows multiple dwellings.
Zoning History:
• 1966 — Froids Addition is platted
• 1976 — Previous owner obtains a SUP
(SP#76-08), which at the time made provisions
for a single family residence to be modified to
allow a second dwelling uni�
• 1999 — Property has been converted into 3
distinct units and 2 additional sleeping rooms in
the basement.
• May 2000 — Special Use Permit is revoked by
City Council
• Fall 2000 — City receives numerous calls from
realtors and prospecrive buyers, inquiring about
the possibility of using this home as a multi-unit
rental. All are instructed that the property is
zoned for use as a single-family home.
• March 2001— Bobby Taylor contacts Ciry,
requesting an inspection of the properly in order
.1
to obtain a rental license. City inspects and
notes that the home has undergone major
remodeling (without peimits) and that there are
three distinct units with at least 9-11 people
living at the site. Mr. Taylor is informed that he
has an illegal rental and must reduce the number
of unrelated peison living in the home to five, in
order to meet the City's R-1 zoning
requirements.
May 2001— NIr. Taylor submits applicarion for
rezoning of property to R-3.
Legal Description of Property:
Lot 2, Block 1 Froids Addition
Council Action:
June 18, 2001
Public Utilities:
Home is connected.
Transportation:
Home is accessed via lronton Street.
Physical Characteristics:
Typical suburban landscape.
SUMMARY OF REQUEST
Petirioner is requesting rezoning this property to R-
3, which would accommodate the petitianer's multi-
unit "sober house".
SUMMARY OF ANALYSIS
City Staff recommends denial of this rezoning
request.
• Would increase neighborhood density beyond
R-1 standards by allowing up to tluee units
(15+ people)
• Not consistent with Comprehensive Plan
Staff Report Prepared by. Paul Bolin
ZOA #01-02
THE REQUEST
Mr. Bobby Taylor, property owner of 401 Ironton; is requesting rezoning this property from
R-1 Single Family to R-3 Multiple Family, in order to accommodate the number of units and
density desired to operate as a sober house.
PROPERTY HISTORY
In 1976, Norma Willson, the previous property owner obtained a special use permit
(SP#76-08); which at the time, made provisions for a single family residence to be
modified to allow a second dwelling unit.
In 1999, the City became aware that the property had illegally been converted into three
distinct units and two additional sleeping rooms in the basement. None of the renovations
that had taken place over the years were done with building, electrical, or plumbing
permits. In September of 1999,.the City asked the property owner to give tenants proper
notice and have all but the two approved units vacated.
In November 1999, Ms. Willson made application for a rezoning of this property to R-3. As
a result of this application, on December 9, 1999, City Staff inspected the building and
found the condition of the home to be in serious disrepair and out of compliance with
building, fire, and electrical codes. (See attached Inspection Report) In addition, tenants
were still occupying the basement sleeping rooms and the third floor attic. The property
owners were again instructed to vacate all tenants.
After the inspection, which revealed that the structure was inadequate to allow more units,
Ms. Willson withdrew her request for rezoning. There were many health, safety and welfare
concerns (as indicated in the attached Inspection Report) that were of much concern to City
Staff. _
In February 2000, a new tenant from the basement of 401 Ironton introduced herself to City
staff. She indicated that she had just moved in and that she was representing Ms. Willson
in a request for information about inspections, etc. Her comments about moving in were
puzzling since the City had stated that only two units be occupied.
The City Council held a hearing to consider revocation of Ms. Willson's Special Use Permit
(SP#76-08) allowing the second unit. At the hearing, Ms. Willson was ordered to vacate all
rental portions of her home as she no longer had a valid rental license and the City needed
to assure the safety and well being of the tenants. Ms. Willson was ordered to bring the
property up to a safe, Code compliant condition and work with a licensed building
contracto� to prepare an aggressive repair schedule and obtain building permits prior to
the City Council meeting of May 8, 2000.
61
Ms. Willson failed to meet any of the requirements by the May 8, 2000, deadline and the
Special Use Permit (SP#76-08) was unanimously revoked by the City Council. This action
returned the property to its original single-family status. Without the Special Use Permit,
this property must now meet all single-family code requirements.
Ms. Willson put the property up for sale. During the late summer and fall of 2000, City Staff
received numerous calls from realtors and prospective buyers, inquiring about the
possibility of using this home as a multi-unit rental. All were instructed that the property is
zoned for use as a single-family home. Ms. Willson and her realtor were contacted directly
and informed that they were not to be misrepresenting this property as anything more than
a siogle family home.
In March 2001, Mr. Bobby Taylor, new owner of the home contacted City, requesting an
inspection of the property in order to obtain a rental license. Mr. Taylor is informed that the
property is zoned R-1, Single Family only and that a rental license cannot be issued. Mr.
Taylor informs Staff that he thought that if he fixed the home up the City would issue a rental
license to him. City Staff inspects the home and notes that the home has undergone major
remodeling (without permits) and that there are three distinct units with at least 9-11 people
living at the site. Mr. Taylor is informed that he has an illegal rental and must reduce the
number of unrelated person living in the home to five, in order to meet the City's R-1 zoning
requirements.
All of the remodeling done by Mr. Taylor, without building permits and proper inspections,
still raises many concerns with City Staff. Without the benefit of proper inspections, Staff is
noi able to determine the structural s�undness of the home, the quality of the plumbing
work, and the safety of the electrical work. Though the interior of the home has been given
a facelift, without knowing what lies beneath the new sheet rock, City Staff still has health,
safety, and welfare concerns.
In May of 2001, Mr. Taylor submitted this application for rezoning of the property to R-3 in
order to continue running the homs as a sober house with 9-15 persons residing in the
various units. To date, Mr. Taylor has not applied for building permits despite requests
from the City's Chief Building Official to do so.
ANALYSIS
A rezoning is a discretionary grant on the part of the City. The Staff, Planning Commission,
and City Council must decide whether or not a request is in keeping with the overall vision
and best interests of the City. A rezoning in Fridley, historically, also has involved
consideration of all health, safety and welfare issues. As alluded to in the PROPERTY
HISTORY section of this report, it is those health, safety, and welfare concerns at 401
Ironton that cause great concern to Staff. The City's December 1999 inspection revealed
that the structure was not adequate to allow additional units. The City's March 2000
inspection revealed that Mr. Taylor had done many cosmetic changes to the home, without
the benefit of permits and proper inspections that, while making the home feel very
comfortable, only covered up many of the health, safety, and welfare issues. Beyond the
62
health, safety, and welfare issues, the request fails to meet the foliowing three criteria for
rezoning.
Compatibility of the proposed use with the Comprehensive Plan.
The City's latest Comprehensive Plan makes no mention of expanding the R-3 zoning
district into this neighborhood. Granting of this rezoning request would be inconsistent
with the City's overall vision for this neighborhood.
Compatibility of the proposed district with adjacent uses.
The rezoning of this property to R-3 would allow three units (due to lot size) and up to
a 5+ unrelated persons living on this property. This increased density is well beyond
what is allowed by R-1 zoning standards and could change the character of this well-
established neighborhood through the increased density and traffic. There is not
adequate paved parking on this site to meet the R-3 code requirements for parking.
Creating an appropriately sized parking lot would drastically alter the residential feel
" and look of this neighborhood.
The neighboring properties immediately West of this properiy are duplexes that are
residential in character. The property directly across the street from this home is an
older 4-plex. The expansion of the R-3 district onto this property, however, will change
the character of the neighborhood due to the changes needed to make the home
conforming with R-3 parking requirements. Designation as an R-3 district would allow
the current or any future property owner the ability to remove this single family home and
replace it with a three unit apartment building that may not have any residential type
architecture and may not blend at all into this neighborhood.
Compliance of the proposed use with the proposed district requirements
Setbacks
The existing home does not meet setback requirements for the R-3 zoning district. A
_ side-yard of 15' is required. The existing home is only 11.2' from the side-yard property
line.
Parking
Based on the size of this site and the possibility of three finro bedroom units, a total of
six parking stalls, meeting all code requirements would need to be provided on site.
Parking stalls must be 10' X 20' with appropriate drive aisles widths provided (18' for
one-way traffic, 25' for two-way traffic).
Landscaping
Conversion of this property into a multi-family structure would require a landscape plan.
RECOMMENDATION
City Staff recommends denial of this rezoning request.
63
1. Concerns over health, safety, and welfare have not been properly addressed.
2. The further expansion of the R-3 district into this neighborhood is not in
conformance with the City's Comprehensive Plan.
3. Rezoning this property would inappropriately increase the density of this
neighborhood.
4. Would increase neighborhood density beyond R-1 standards by allowing up to three
units (15+ people).
5. Creation of a"parking lot" would change the residential character of this
neighborhood.
STIPULATIONS
City Staff recommends that if the Planning Commission or City Council grant the rezoning
request, that the following stipulations be attached.
1. All building permits be obtained prior to final Council Action.
2. Rental license be obtained from Rental Inspections Division. -
� 3. All Building, Fire, Electrical, and Zoning Code deficiencies be brought into
conformance prior to occupancy by more than five unrelated individuals.
4. Parking lot meeting all code requirements to be constructed within 1 year of
rezoning approval.
5. Landscape plan to be submitted to City prior to final Council Action. Further, all
required plantings to be installed by October 1, 2001.
6. Garage shall not be used as iiving space or for any home occupations.
OTHER:
Staff would like to note for the record, that if the rezoning application is denied, the
petitioner must still obtain all necessary building permits for work done to date. Petitioner
is also required to return the home to single-family status by installing a doorway and/or
necessary steps between the main floor and the second floor within three months of denial.
A follow up inspection will be done at that time, and criminal citations will be issued if there
is non-compliance.
.�
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� AGENDA ITEM
� CITY COUNCIL MEETING OF
�oF JUNE 18 2001
FRro«r �
To: William W. Burns, City Manager ���
From: _ Richard D. Pribyl, Finance Director �{�
Debra A. Skogen, City Clerk
Date: June 12, 2001
Re: - First Reading of Proposed Charter Amendment on Chapter 6 and 8 of the Fridley Charter .
Pertaining to Contracts, Public Improvements and Special Assessments
A public hearing was held on June 4, 2001, and continued to June 18, 2001, pertaining to the
Charter Commission proposed amendments to the City Charter.
Staff recommends holding the first reading of the ordinance shown in Attachment 1.
��
Attachment 2
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 6.06, CONTRACTS, HOW LET AND
CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS OF THE
FRIDLEY CITY CHARTER
The City Council of the City of Fridley does hereby ordain as follows:
That the following sections of the Fridley City Charter be amended as follows:
Section l: That Section 6.06. CONTRACTS, HOW LET, be amended as follows:
In all cases of contracts for the purchase of inerchandise, materials or equipment or for any kind
of construction work undertaken by the City, which require an expenditure of more than that
which is set by the State Statutes, unless the Council shall by an emergency ordinance otherwise
provide, the City Manager shall advertise for bids by at least ten (10) days published notice in the
official newspaper. When a bid is required, it shall be let to the lowest responsible bidder who is
qualified in accordance with Minnesota State Statutes as detemuned by the Council. The
Council may, however, reject any and all bids. Nothing contained in this Section shall prevent
the council from contracting for the doing of work with patented processes, or from the
purchasing of patented appliances.
Section 2: that CHAPTER 8. PUBLIC IlVIPROVEMENTS AND SPECIAL ASSESSMENTS,
be amended as follows:
Section 8.01. THE CITY PLAN.
The present �':'-� zoning and comprehensive plans shall be the plans for future physical
development of the City. �sk �Plans may be altered from time to time. To alter s�s� a zonin�
plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior
to hearing with notices sent to affected property owners. It may include provisions for zoning,
for the platting and development of new areas, for the planning and location of public works of
art, public buildings, pazks, playgrounds, bridges, transportation lines, and other public facilities,
and for laying out, g�g improving e€ streets and public places as well as €e� all other matters
which may seem essential to such a plan.
Section 8.02. ENFORCEMENT OF CITY PLAN.
The Council shall have all necessary power, acting through the City Manager, to enforce
complete adherence by a11 persons to the plans adopted as provided above, and to adopt and
enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinanc�� �-��
regulate the use of private property, the height of buildings, and the proportion of the azea ��° ��:�;
lot which may be built upon and to establish building lines. Such power shall be exercised ��,a
promote public health, safety, morals, welfare and convenience.
..
Ordinance No.
Section 8.03. PUBLIC IlVIPROVEMENTS AND SPECIAL ASSESSMENTS.
Page _
The City shall have the power to make any and every type of public improvement not forbidden
by the laws of the State and to levy special assessments to pay for all such improvements as aze
of a local character, in accordance with Minnesota State Statute Chapter 429, Local
Improvements, Special Assessments. The amounts assessed to benefited property to pay for
such local improvements may equal the cost of the improvements, including all costs and
expenses connected therewith, with interest, until paid, but shall not exceed the benefits to the
property.
Section 8.04. LOCAL IlVIPROVEMENT REGULATIONS.
,
. The City Council may prepare and adopt
a comprehensive ordinance, prescribing the procedure which shall determine all matters
pertaining to the making of local improvements thereafter, and such ordinance shall supplant all
other provisions of law on the same subject and may be amended only by an affirmative vote of
at least four (4) members of the City Council. Such ordinance shall provide for such notice and
hearing in the ordering of improvements and the making of assessments therefore as shall be
necessary to meet constitutional requirements. Such ordinance shall also require a petition of a
majority in number and interest of the owners of property to be assessed for such improvement,
or improvements, for the initiation thereof; provided that the City Council may proceed upon its
own initiative hereunder and under such ordinance by resolution adopted by €�e-(�) fotu/fifths
4/5 affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776)
Section 8.05. PUBLIC WORKS HOW PERFORMED.
Public works including all local improvements, may be constructed, extended, repaired or
maintained either by contract or, '
, , directly by day labor. Before receiving bids the City Manager shall, under the
direction of the City Council have suitable plans and specifications prepared for the
proposed material or project and estimate of the cost thereof in detail. The award of any
contract amounting to more than �� thousand dollars ($�50,000) shall require an
affirmative vote of at least four (4) members of the City Council. When the best interest
of the City will be served thereby, the City Council may organize a se� up blic
works department under competent supervision and provided with suitable equipment.
(Ref. Ord. 776)
2. The right is reserved to the City Council, upon the recommendation of an engineer, acting
through the �s�ie� public works department, to bid on any work to be let by
contract. All contracts shall be let to the lowest responsible bidder who is qualified in
accordance with Minnesota State Statutes. ,'��•—� The term "lowest responsible
bidder" shall be interpreted as giving the City Council the right to accept any bid which it
determines to be most advantageous to the City. The City Council shall reserve the right
to reject any or all bids in accordance with Minnesota State Statute Chapter 429.
ll ♦ '1 ,i .7' �l,e .,.7: e,.�;� „♦ F.,r 1,�d� «,7 *l,e e e „�;.. .,F +l,e
67
Ordinance No.
Page _
. The City shall require contractors to furnish
proper bonds for the protection of the City, the employees and material person. (Ref.
Ord. 776)
PASSED AND ADOPTED BY 'TF� COUNCIL OF TI-� CITY OF FRIDLEY THIS DAY
OF , 2001.
- Scott J. Lund — Mayor
ATTEST:
Debra A. Skogen — City Clerk
Public Hearing: June 18, 2001
First Reading:
Second Reading:
Publication:
. :
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 18, 2001
CfTY OF
FRIDLEY
Bate: 6/18/01 �
To: William Burns, City Manager���
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Bulthuis, Planner
RE: First reading of ZOA #01-02 M-01-75
INTRODUCTION
Mr. Bobby Taylor, property owner of 401 Ironton, is requesting rezoning this property
from R-1 Single Family to R-3 Multiple Family, in order to accommodate the number
of units and density desired to operate as rental sober housing.
PLANNING COMMISSION ACTION
At the November 1, 2000, Planning Commission meeting, a public hearing was held
for ZOA 00-02. After reviewing the staff report and hearing from the petitioners, a
motion was made to recommend denial of the rezoning request. The motion passed
unanimously.
PLANNING STAFF RECOMMENDATION
City Staff recommends that the City Council deny the approval of ZOA #01-02.
.•
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,
MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS
SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley and
described as:
Lot 2, Block 1, Froids Addition, as recorded at the office of the Anoka
County Recorder, generally located at 401 Ironton Street
S�CTION 3. That the Zoning Administrator is directed to change the official zoning
map to show said tract or area to be rezoned from Zoned District R-1, One
Family Units to R-3, General Multiple Units.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
____DAY OF __�_, 2001. .
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Public Hearing: June 18, 2001
First Reading: June 18, 2001
Second Reading:
Publication:
%�
SCOTT J. LUND - MAYOR
,
c
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 18, 2001
CffY OF
PRIDLEY
DATE: June 12, 2001 ,� I
�'Y
TO: Wiiliam W. Burns, City Manager .R�
a�
FROM: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator - -
Stacy Bulthuis, Planner
RE: Special Use Permit Request, SP #01-05, Richard and Laura Wolfe
M-01-72
INTRODUCTION
Richard and Laura Wolfe are seeking a special use permit to construct a 600
sq�are foot second accessory building at their residence at 960 Hathaway Lane.
PLANNING COMMISSION RECOMMENDATION
At the June 6, 2001, Planning Commission meeting, a public hearing was held
for SP #01-05. After a brief discussion, the Planning Commission recommended
approval of the special use permit, SP #01-05, with the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Petitioner shall install Code required hard surface driveway within 12
months of issuance of the building permit.
2. Petitioner shall obtain all necessary building permits prior to
construction.
3. The structure shall not be used for a home occupation or living area.
4. All vehicles shall be stored on a hard surface as approved by the City.
5. Total square footage of all accessory structures must not exceed 1,400
square feet.
6. Garage shall be architecturally compatible with existing home and
finished with a complementary side and color scheme.
71
City of Fridley Land Use Application
SP #01-05 May 29, 2001
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Richard and Laura Wolfe
960 Hathaway Lane NE
Fridley, MN 55432
Requested Action:
Special Use Permit to allow a second accessory
structure over 240 square feet.
Exisling Zorung:
R-1 (Single Family Residential)
Location:
' 960 Hathaway Lane
Size:
17,250 sq. ft. .40 acres
Existing Land Use:
Single family home.
Sutrounding Land Use & Zoning:
I�T: Single Family & R-1
E: Single Family & R-1
S: Single Family & R-1
W: Single Family & R-1
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.07.1.C.(1) requires a special use
pernut to allow accessory buildings other
than the first accessory building, over 240
square feet.
Zoning History:
1958 - Lot is platted.
1958 - Home is built.
1962 — Addition to home.
1966 — Garage is built.
Legal Description of Properiy:
Lot 14, Block 3, Parkview Heights
Addition
Public Utilities:
Home is connected.
Transportation:
72
Hathaway Lane would provide access to
proposed garage.
Physical Characteristics:
Typical suburban landscaping.
SUMMARY OF PROJECT
The petitioners are seeking a special use permit to
allow the construction of a 600 square foot
accessory building.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special
use permit, with stipulations.
Second accessory buildings over 240 square feet
are a pernutted special use in the R-1 zoning
district, provided the total square footage of all
accessory building doesn't exceed 1,400 square
feet. The current two stall garage is 440 square feet
and the proposed accessory structure is 600 square
feet. The total of all accessory buildings, existing
and proposed is 1,040 squaze feet.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — 6/18/Ol
60 Day — 7/3/O1 --- —
SP #01-05
REQUEST
The petitioners, Richard and Laura Wolfe are seeking a special use permit to allow the
construction of a 600 square foot second accessory building.
ANALYSIS
The property is located on Hathaway Lane, with the home being "squared up" to and
fronting on Hathaway Lane. The lot is rectangularly shaped which narrows to a point in the
southern corner. The existing home was built in 1958 and the detached garage was built in
196�.
Accessory structures over 240 square feet are a permitted special use in the R-1 zoning
district. The existing one-stall garage and the proposed accessory structure are a total of
1,040 square feet, which is 360 square feet less than the total allowed by Code.
The proposed garage location would not encroach any closer to the side yard lot line than
the existing garage. City staff has received no comments from neighboring property
owners.
Proposed Garage Location
73
RECOMMENDATIONS
City Staff recommends approval as second accessory strucfures are permitted under
special use permit in the R-1 Single Family District.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. Petitioner shall install Code required hard surface driveway within 12 months of
issuance of the building permit.
2. Petitioner shall obtain all necessary building permits prior to construction.
3. The structure shall not be used for a home occupation or living area.
4. All vehicles shall be stored on a hard surface as approved by the City.
5. Total square footage of all accessory structures must not exceed 1,400 square feet.
6. Garage shall be architecturally compatible with existing home and finished with a
complementary siding and color scheme. _
m
a
0
� AGENDA ITEM
�
CITY COUNCIL MEETING OF
F�O� JUNE 18, 2001
1NFORMAL STATUS REPORTS
75