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05/19/2003 - 4625� � CRY dF FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public - assistance. Upon request, accommodation will be provided to allow individuals with disabilities �o participate in any of Fridley's services, programs, and activities. Hearina impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins �t 572-3�00 at least one week in advance. (TTD/572-3534) �,,, `� " PLEDGE OF ALLEGIANCE. � )-� , �'�`'� � J �,��` �e�� APPROVAL OF PROPOSED CONSENT AGENDA. ��I � APPROVAL OF MINUTES: City Council Meeting of April 28, 2003 City Council Meeting of May 5, 2003 OLD BUSINESS: �, ��fi SS � 1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 901, Penalties ' ....................................................... 1 NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of May 7, 2003 - ................................................................................ 3 � � FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED�: � PAGE 2 3. Special Use Permit Request, SP #03-08, by Michael Malone, to Construct a Second Accessory Structure (Attached Garage), Generally Located at 635 Ely Street N.E. (Ward 3) .................................................................................................. 23 - 27 - 4. Special Use Permit Request, SP #03-09, by Michael Wojcik, to Construct a Second Accessory Structure (Garage), Generally Located at 109 — 76th Way (Ward 3) ................................................................. 28 - 31 5. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: Hickory Drive Watermain Replacement ProjectNo. 350 ...............................................................................o................ 32 - 34 6. Receive Bids and Award Contract for the 2003 Street Improvement Project No. ST. 2003-1 .................................................... 35 - 37 7. Claims .................................................................................................. 38 0 FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): PAGE 3 8. Licenses ................. 39 - 45 ................................................................................. � —°�. ~�- , aF 9. Estimates ............ . .....D�................�. .............................. � �- , l �� d`'� �'' � �, tl� l � ;;� �dv'y' `''%` / D ? r c ,ti � �� I !�� ^ P 'P� � ADOPTION OF AGENDA. �I 2 . �� `° � � OPEN FORUM, VISITORS: Consideration of items not on Agenda - 15 minutes. eJ�" (`�;ic�`v.�%'`i �./� � C�'`� 4'�". �j � �,- � � � �� , �°'�v� �-/` �� °�" - NEW BUSINESS: �j� .� � �� 10. Special Use Permit Request, SP #03-07, � � � � g/� �� ,u__�� ,� 5/'� by RJ Ryan Construction, Inc.; to Allow a Rock ��,,,G,Q �,,� ��5 „�, �. � u Crushing and Recycling Facility on the �►. S+� P� � �-� ,� :'� s+ �c -'�� _- Northern 325 Feet of the Property Located �- �.fi �, # 2 te.ru S �,; „� �� ` at 8170 Hickory Street N.E. (1Nard 3) ..................:...........�.�.�:'.�.Z..�� ,, \ b .� `J�•f-i P. fE �`l Y Gv, c,Y.2,;� :a:� �'� �'+ - `-f �';`� L �` - �� , (� v ,2 .S k.�4-. .i �. ��. �2� �- �.�l,�e._� C% �t,e� i� o:� c J e Q �- \+- ( � . ( � rv,-� :�f-c c,; I� � qK�� ,f-lnz-re.z-4- {-t-✓' � t% � • � ��,Y 11. Informal Status Reports .. 64 ............................................................................ Z G'�� ,� .\ �� L` (��;�� ADJOURN. \ � �� i � � . . � � CITY COUNCIL MEETING OF MAY 19, 2003 C(TY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3�00 at least one week in advance. (TTD/572-3534) y� ` � PLEDGE OF ALLEGIANCE. � )-� , J ��,�� " e�° � APPROVAL OF PROPOSED CONSENT AGENDA: �e�jl� � APPROVAL OF MINUTES: City Council Meeting of April 28, 2003 City Council Meeting of N9ay 5, 2003 � � �S � fi S S � °�� '��` OLD BUSINESS: � � 1. Second Readin of an Ordinance Amending `` �. . 5 �" � Fridley City Code, Chapter 901, Penalties .......... ...� ................................... 1- 2 . NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meetingof May 7, 2003 ................................................................................ 3- 22 FRIDLEY•CITY COUNCIL MEETING OF MAY 19, 2003 � PAGE 2�' APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Speciai Use Permit Request, SP #03-08, by Michael Malone, to Construct a Second Accessory Structure (Attached Garage), Generally Located at 635 Ely Street N.E. (Ward 3) .................................................................................................. 23 - 27 4. Special Use Permit Request, SP #03-09, by Michael Wojcik, to Construct a Second Accessory Structure (Garage), Generally Located at 109 — 76�'' Way (Ward 3) ................................................................. 28 - 31 5. Resolution Receiving Final Plans and Specifications and Ordering Advertisement � �, for Bids: Hickory Drive Watermain Replacement � ProjectNo. 350 ......................................................... .��............................. 32 - 34 6. Receive Bids and Award Contract for the 2003 Street Improvement Project No. ST. 2003-1 .................................................... 35 - 37 7. Claims . .............................................................................................. 38 �2 �:;FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 3 AL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Licenses .................................................. 39 = 45 ................................................ : �,�- ......... �:- . 9. Estimates ................................. ....... .... . ........ � � �" ��o�, ��,,� �� J�Q.,�� -e,n�"' `� /0 � r o h % �� , � ��` P� � Y ADOPTION OF AGENDA. �I(� �p� �� OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. _ L ^ , r i. / V��a J�;.It/ l/" �,✓ �. P� �� , �� / �b, �� °� - . NEW BUSINESS: �j" -� � C 10 $l� Special Use Permit Request, SP #03-07, ��aB/�� a�.� ��/{ by RJ Ryan Construction, Inc.; to Allow a Rock ��,�,�,,.�,e �,_,� �� S �� . § N Crushing and Recycling Facility on the �►. S+, P- # � �� ,�,�,� :�,� rc -�r� M Northern 325 Feet of the Property Located ��.h ��- 2"��-� s�;,� ,� �'" t- at 8170 Hickory Street N.E. (Ward 3) •••••••••-�-�•�••�,•z••��" 3� \ .................... w�t� P. � i 1 Y c �•�-�..��.� `,�rt �'�M' `�Ph l b � . � �Q o ►1 S�(-• �j ��— � v w.c.c. � � a� c.t c 2 u- �f— � C� +�-� al-ti �; i. �..r q_,Q -f-ti,�....�a�C¢-c,✓' �D�• C�u.�" 11. Informal Status Reports .............................................................................. 64 ADJOURN. _ 2 � `�.� �� .� �� 1� i I. 1 ; s � �, MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 28, 2003 The Regular vteeting of the Fridley City Council was called to order by Mayor Lund at 7:3? p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Bums, City Manager Scott Hickok, Community Development Director Dave Sallman, Director of Public Safety Jon Haukaas, Public Works Director Mary Smith, City Assessor Fritz Knaak, City Attorney PROCLAMATIQN: Veterans' Buddy Poppy Day — May 9, 2003. � Mayor Lund issued a proclamation for Veterans' Buddy Poppy Day which would be held on May 9, 2003. CONTINUATION OF BOARD OF REVIEW MEETING MOTION by Councilmember Barnette to re-open the Board of Review meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE BOARD OF REVIEW MEETING RE-OPENED AT 7:35 P.M. Ms. Smith, City Assessor, said this was a continuation of the Board of Review meeting held on April 14, 2003. At this meeting all cases that were presented at the first meeting will be reviewed. It was the responsibility of the Board based on evidence presented to affum the current value, reduce the value or increase the value. Case No. 1: il�Iichael Hylden, 5601 Matterhorn Drive N.E. Ms. Smith asked if Mr. Hylden was present. There was no response from the audience. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 2 Councilmember Billings asked if Ms. Smith had a recommendation for this case. Ms. Smith said that although Mr. Hylden did not come to the first or second meeting, they requested that the City re-affirm the value of the property. Councilmember Billings asked if they received a letter that could be received into the record. Ms. Smith said they only received a telephone call. MOTION by Councilmember Billings to re-affirm the valuation placed on the property located at 5601 Matterhorn Drive N.E. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Case No. 2: Con-Way Central Egpress, 51— Slst Avenue N.E. Ms. Smith stated this property was industrial and consisted of three buildings that were built in 1986. The property had a total square footage of 68,680 with land size at 732,000 square feet. The 2003 estimated market value was listed at $4,293,000. The property was viewed and information was provided to her by the company representative, Mr. Brett Harrington. Ms. Smith stated the value was negotiated to $54.11 per square foot, or $3,716,300, based on the value of other transit properties located in Blaine. She recommended that the 2003 estimated market value for this property be reduced to $3,716,300. Mayor Lund asked if there was anyone from the company in the audience. There was no response from the audience. Councilmember Billings asked if they had received a letter from the company. Ms. Smith said they had. Councilmember Billings asked if it was entered into the record at the previous Board of Review meeting. Ms. Smith said it had. MOTION by Councilmember Billings to concur with the City Assessor's recommendation to reduce the value on the property located at 51 — 81St Avenue N.E. to $3,716,300. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 3 Case No. 3: Kelly Inn, 5201 Central Avenue N.E. Ms. Smith stated this property was a motel that consisted of 56,414 square feet and was built in 1986. The 2003 estimated market value was $3,050,900. A letter was presented at the first meeting from Tom Monis, owner of the Kelly Inn. The letter stated that financial information would be forthcoming. At 3:00 p.m. this afternoon she received a telephone call from a representative of Mr. Morris who faxed the income and expense information. She recommended that the current value be re-affirmed. Mayor Lund asked if there was anyone in the audience from Kelly Inn. There was no response from the audiznce. MOTION by Councilmember Billings to re-affirm the valuation of $3,050,900 placed on the property located at 5601 Central Avenue N.E. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. Case No. 4: Jack Lehtinen, vacant parcel located north of 81st Avenue on Main Street N.E. Ms. Smith stated this vacant parcel consisted of 273,100 square feet and was zoned M-3, Outdoor Intensive Heavy Industrial. The 2003 estimated market value was $232,100. The property owner appeared at the first meeting and stated that the cost of soil conection to this property would be azound $600,000 and 45 feet of peat would need to be excavated. In discussing this with the Community Development Department, it was confirmed that if anything were to be built on this property, it would require soil correction first. Based on this information, staff recommended that the 2003 estimated market value be reduced to $180,200. Mayor Lund asked if Jack Lehtinen was present in the audience. There was no response from the audience. MOTION by Councilmember Bolkcom to reduce the 2003 estimated market value on the property located north of 81St Avenue on Main Street to $180,200. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. Case No. 5: David Morisette, 7673 East River Road N.E. and 106 — 77th Way N.E. Ms. Smith stated the buildings are identical four-plexes and were purchased on March 3, 2003. The 2003 estimated market value of each building was $324,600. She outlined the process of determining the value. She stated it was staff's recommendation based on the information FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 4 presented, that the 2003 estimated mazket value for 7673 East River Road N.E. be re-affirmed at $324,600 and the value for 106 — 77�' Way N.E. be re-affirmed at $324,600. Mr. David Morisette, 7601 — 22"`� Street et. North, Oakdale, Minnesota, said he was the propem owner. He said the sale was advertised by an experienced realtor in the investment property business and was heavily advertised for 60 to 120 days. He said the projected income was not correct. He said he came up with an estimated market value of $531,482. He said he had heard of sales anywhere from $50,000 to $88,000 per unit. He said he was familiar with a couple of properties that sold that were used in the comparison, and he also looked them up to see what their estimated market value would be. After speaking with other assessors, he thought he should be assessed 90 percent of the value. He had copies of letters he sent to Ms. Smith and information from the realtor. MOTION by Councilmember Bolkcom to receive a letter sent to Ms. Smith from Mr. Morisette dated April 20, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked Ms. Smith if she had any comments about the letter. Ms. Smith asked about the appraisal. Mr. Morisette replied an appraisal was done on one of the properties because it was required for conventional financing. The appraisal did come in slightly higher. He said he did not want the appraisal shown because much of the information was not conect. He said if you look at last year's estimated market value, they are totally different. MOTION by Councilmember Bolkcom to receive a two-page fax from Rose Real Estate Company dated September 9, 2002. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1�iIMOUSLY. MOTION by Councilmember Bolkcom to re-affirm 7673 East River Road N.E. at $324,600. Seconded by Councilmember Billings. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILNfEMBER BILLINGS, AND COUNCILMEMBER BOLKCOM VOTING AYE; COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4 TO 1 VOTE. MOTION by° Councilmember Bolkcom to re-affirm 106 — 77�' Way N.E. at $324,600. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 5 UPON A VOICE VOTE, MAYOR LUND, COUNCILMENIBER BARNETTE, COUNCILNIEI�TBER BILLINGS, AND COUNCILMEMBER BOLKCOM VOTING AYE; COUNCILI�IEi�IBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4 TO 1 VOTE. i�10TION by Councilmember Billings to close the Board of Review meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE BOARD OF REVIEW MEETING CLOSED AT 8:13 P.M. CITYCOUIVCIL NIEETING OLD BUSINESS: 1. MOTION TO RECONSIDER VARIANCE REQUEST, VAR #43-05, BY BRIAN BONA, TO REDUCE THE SETBACK FROM AN ADJACENT RESIDENTIAL DISTRICT FROM 50 FEET TO 10 FEET TO ALLOW FOR THE CONSTRUCTION OF A CAR WASH, GENERALLY LOCATED AT 5311 UNIVERSITY AVENUE N.E. (WARD 1) (TABLED APRIL 14, 2003). MOTION by Councilmember Wolfe to remove this item from the table. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Wolfe stated he wanted the item reconsidered because after looking at the property he thought Mr. Bona had made many improvements to the area. He thought the car wash was less intnzsive to the neighborhood. Mayor Lund stated he thought it should also be reconsidereci. He said he thought Mr. Bona had been a very considerate neighbor and the car wash would be an improvement to the area. Councilmember Bolkcom said Mr. Bona knew what the property was like when he bought it. She asked Attorney Knaak if they could vote on the request purely because Mr. Bona was a good business owner and kept the property up. Attorney Knaak, City Attorney, said they needed to consider whether there were any items that were unique to the property. They could be structural or economic, but they had to be matters that related to the property itself that would require a variance in order to utilize the property in an appropriate matter. Individual considerations would not be relevant. Councilmember Wolfe stated in looking at the plans, it would be more difficult to put a car wash in any other direction because it would extend past the building. It would change the aesthetics of the building and make it look worse. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 6 Councilmember Bolkcom asked if the car wash could be put in a different place. Mr. Hickok, Community Development Director, said there might be other options. Mayor Lund asked if there was anyone in the audience who wished to address Council on this issue. There was no response from the audience. Mayor Lund asked Mr. Hickok if notice of the meeting had been sent out to the affected property owners. Mr. Hickok said a letter was sent on April 16. They did not receive any response. MOTION by Councilmember Wolfe to approve Variance Request, VAR #03-05, by Brian Bona with the following nine stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The proposed car wash shall be architecturally compatible with the existing building and finished with complementary building materials; staff to review and approve final elevations. 3. No outdoor storage shall be permitted on site. All existing outdoor storage, including the storage pod, shall be removed upon completion of the proposed caz wash. 4. Site shall not be used to display cars for sale or storage of trucks for rent. 5. Proposed car wash shall comply with the City noise ordinance requirements. 6. A speed bump or something similar sha11 be installed on the heated exit pad of the car wash to aid in removing water from vehicle frames, etc., prior to vehicles entering 53`d Avenue. Final design and location shall be reviewed and approved by City staff. 7. All lighting shall be shielded, downcast, and may not exceed 3-foot candles of light intensity at the property line. 8. Car wash hours of operation shall be restricted to 7 a.m. to 9:00 p.m. 9. Existing gap in the fence shall be filled in, in order to reduce the shine of headlights on neighboring residential properties. Seconded by Councilmember Billings. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS, AND COUNCILMEMBER WOLFE VOTING AYE; FRIDLEY CITY COUNCIL MEETTi�1G OF APRIL 28, 2003 PAGE 7 COUNCILMEMBER BOLKCONI VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-1 VOTE. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 2. ORDINANCE NO. 1176 A�'�IENDING CHAPTER 507, MUNICIPAL BATHING BEACHES. Dr. Burns, City Manager, said the ordinance amended Chapter 507 of the City Code by striking out references to lifeguards at beaches. It also substituted the word "swimming" for "bathing." Staff recommended approval of the ordinance. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. FIRST READING OF AN ORDINANCE AMENDING FRIDLEY CITY CODE, CHAPTER 901, PENALTIES. Dr. Burns, City Manager, stated staff raised the penalty for code enforcement and other land use violations and any other violations of the City Code from a maximum of $700 to a maximum of $1,000. These changes were made to Chapter 901 of Fridley City Code and were consistent with Chapter 609.034 of the Minnesota State Statutes. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 16, 2003. RECEIVED. 5. SPECIAL USE PERMIT REQUEST, SP #03-06, BY HLTMBERTO MARTINEZ SUAREZ, TO ALLOW LIMITED OUTDOOR STORAGE WITH PROPER SCREENING, GENERALLY LOCATED AT 7786 BEECH STREET N.E. (WARD 3)• Dr. Burns, City Manager, said the petitioner requested this special use permit to allow a 29-foot by 8-foot storage container. Since the container was well within the size limits of the City Code, staff and the Planning Commission recommended approval with two stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-06, BY HUMBERTO MARTINEZ SUAREZ, WITH TWO STIPULATIONS: 1. THE PETITIONER FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 8 SHALL BE RESPONSIBLE FOR STRIPING HIS PARKING LOT IN ORDER TO COMPLY WITH CODE REQUIREMENTS BY DECEMBER 31, 2003; AND 2. OUTDOOR STOR�GE ON THIS SITE SHALL NOT EXCEED 3,000 SQUARE FEET. 6. APPROVE CHANGE ORDER NO. 1 TO THE HARTMAN CIRCLE WATERMAIN LOOPING PROJECT NO. 347. Dr. Burns, City Manager, stated the change order in the amount of $21,810.50 was the final change order for this project. The change order was for additional asphalt, additional traffic control, irrigation system repair, replacement of a gate valve, and ' additional watermain fittings. Staff recommended Council's approval. Councilmember Bolkcom asked if there were funds left over in the street construction account. Mr. Haukaas said in 2002, $355,000 was budgeted in the capital improvement water budget. Including this change order they would be about $89,000 under budget. APPROVED CHANGE ORDER NO. 1 TO THE HARTMAN CIRCLE WATERMAIN LOOPING PROJECT NO. 347. 7. RESOLUTION 20-2003 IN SUPPORT OF AN APPLICATION FOR MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR SPRING LAKE PARK LIONS CLUB (SANDEE'S RESTAURANT, 6490 CENTRAL AVENUE N.E.) (WARD 2). Dr. Burns, City Manager, stated this resolution was for a pull-tab operation at Sandee's Restaurant. It was a renewal that would that would extend from August 1, 2003, to July 31, 2005. Staff recommended Council's approval. APPROVED RESOLUTION NO. 20-2003. 8. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS.111067 THROUGH 111241. 9. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 9 10. ESTII�IATES. APPROVED THE FOLLOWING ESTIMATE: Forest Lake Contracting Inc. 14777 Lake Drive Forest Lake, NIN 55025-961 Hartman Circle Watermain Looping Project No. 347 EstimateNo. 5 ........................................................................$5,162.49 No persons in the audience spoke regarding the proposed consent agenda items. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item Nos. 2, 3, 6 and 9. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAIVIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item Nos. 2, 3, 6 and 9. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Ms. Xiao Wang, 1925 East River Pazkway, Minneapolis, approached and stated she was a student at the University of Minnesota, Twin Cities campus. They recently requested that Council issue a proclamation for Falun Gong. Their request was rejected. She said Falun Gong was also called Falun Dafa. It taught people the value of truthfulness, compassion, and tolerance. It was not a religion. Mayor Lund stated if they sent him some information and the name of a contact person, he would look into it. Ms. Darlene Sammarco, 1307 — 52"d Avenue N.E., approached and stated she gave some information to Mayor Lund about her daughter and asked if anything could be done. Mayor Lund said he was reviewing the information and would let her know. FRIDLEY CITY COUI�TCIL MEETING OF APRIL 28, 2003 PAGE 10 PUBLIC HEARING: 11. CONSIDERATION OF THE RENEWAL OF THE INTOXICATING LIQUOR LICENSE FOR MN SEAN CO., DB/A SEAN'S GRILL & PUB, GENERALLY LOCATED AT 8298 UNIVERSITY AVENUE N.E. (WARD 3) (TABLED APRIL 14, 2003)• MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Richard Pribyl, Finance Director, stated they received all the information that had been requested except for detailed W-2's, but that was fairly insignificant in what they needed to review the books. Staff did have an opportunity to review the financial statements and found them to be sufficiently flawed. They could not tell if the 40 percent minimum food percentage had been achieved. Accordingly, staff continued to recommend that the license not be renewed. A false representation was made by the licensee regarding the officers of the corporation. Mr. McAllister was actually listed as an officer on the workers' compensation application that they received and it appeared as though he was operating as the true manager of the corporation. The financial data did seem to be flawed, and staff could not verify or have confidence that the 40 percent minimum food requirement had been achieved as required by the City ordinance. He said it had been reported by staff and a few customers that there appeared to be very little food sales available in the evening. They verified that on selective evenings. Staff was also concerned about the public safety issues due to the fact that they had a history of unreported assaults at the restaurant. Staff continued to recommend a resolution not to renew the liquor license for this establishment for the next licensing period. Councilmember Bolkcom asked Mr. Pribyl what he meant by flawed. Mr. Pribyl replied one of the concerns they had was the co-mingling of cash and the recording of sales. What they found in reviewing the financial statements was the deposits actually equaled the total sales, and the total sales actually represented 50 percent food, 25 percent beer, and 25 percent liquor. He said they could not verify that the cash-outs were actually recorded. Pu1l-tab sales were actually co-mingled with food, liquor, and beer and then entered as a journal entry. One day's actual sales included food income of $2,000, beer income of $1,000, and liquor income of $1,000. Cover charges were actually co-mingled with all three revenue sources and a journal entry was made once per month. They took revenue out of the three revenue sources and posted it to one revenue source. Councilmember Bolkcom asked if there were any applications for manager's licenses. Mr. Pribyl said they cunently had an unsigned application. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 11 Councilmember Billings asked if they presented him with a listing of the employees they paid cash to. Mr. Pribyl said they did supply that information. Councilmember Billings asked if that included DJ's and security personnel. Mr. Pribyl replied it did. Councilmember Billings asked if there was anything for the "93X girls." Mr. Pribyl replied he did not see any disbursement of cash for them. Councilmember Billings asked if there were any names in the list of DJ's or security that might be construed to be the "93X girls." Mr. Pribyl said he could not tell. Councilmember Billings asked if the deposits into the bank were essentially equal to the revenues that were being posted daily. Mr. Pribyl replied, in every case. Councilmember Billings asked if there appeazed to be any adjustments made for the cash pay- outs in the financial statements. Mr. Pribyl said he could not see any. Councilmember Billings said that each and every day he looked at, sales were exactly 50 percent food, exactly 25 percent liquor sales, and exactly 25 percent beer sales. Mr. Pribyl replied that Mr. McAllister posted his daily sales through an invoice. Mr. Sean Tierney, 8298 University Avenue N.E., stated he and Sean McAllister were not acting managers. He never filled out an application to be a manager. Their new manager was out of town and would be back Wednesday. Councilmember Billings said staff found it difficult to attach any credibility to the number they provided since every day food sales were exactly 50 percent, beer sales were 25 percent and liquor sales were 25 percent of the money deposited in the bank. He said it was incredible to believe that any liquor operation could sell exactly 50 percent food, 25 percent beer, 25 percent liquor, especially on those days when the kitchen was closed for the day. Mr. Tierney stated they had boxes of food tickets that he could bring in. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 12 Mr. Sean McAllister, 8298 University Avenue N.E., replied he had been responsible for the books. He had no formal education and was basically estimating. He gave him the books as they are. He never doctored them. They had saved the receipts for what they purchased and had taken steps to correct the problems. They had met with an accounting firm that was going to take this on a weekly basis. They had also applied at St. Paul Technical College for accounting courses. Mr. McAllister said they had new registers and gave Council an information sheet. They bought three and they would be in operation on Monday. They are fully functional registers and would be able to handle the entire menu. MOTION by Councilmember Bolkcom to receive material regarding UX 700 Series terminals. Seconded by Councilmember Barnette. Councilmember Bolkcom asked if they had made any progress with the fire code violations. Mr. McAllister said they complied with the City Fire Marshal 100 percent. The one thing that was not in compliance but they had been given time for, was the door in the back. Councilmember Bolkcom stated she still had concerns about the food sales. There was no way to know if they had met the 40 percent. Mr. McAllister said he hoped that in this one circumstance they could use the invoices and the receipts for food and beer purchases. He had all the invoices for the cost of sales that showed they bought food and that the kitchen had been open. Councilmember Bolkcom asked who the manager of Sean's was. Mr. McAllister said it was Bridget Westland who also worked for Ground Round part-time Councilmember Bolkcom asked who the manager was when she was not there. Mr. McAllister said it was Christopher Vilene. He had been a manager at several restaurants and bars in Fridley for 15 years. Councilmember Bolkcom asked whose license was on the agenda. Mr. Pribyl replied that it was for Sean Tierney. Mr. Tierney apologized and said he did not recall filling it out. Mr. McAllister replied the management duties have been divided. Mr. Tierney asked how many managers the City would like at the restaurant. Councilmember Billings replied the City ordinance says that any employee that serves in a management capacity should have a managerial license. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 13 Mr. McAllister stated they have changed their security. The head of security would carry a telephone and would use it no matter what. He said they only had a need for security on Friday and Saturday nights. They also planned to install surveillance cameras that covered all four sides of the building and parking lot. It would record 24 hours per day, 7 days a week. Councilmember Bolkcom stated it was important that their employees know they needed to call whenever there were problems, not just on Friday and Saturday nights. Mr. McAllister said they would. Mr. McAllister said they had been working on making pizzas and would also have a lunch buffet. He said they planned on using the outside deck more. Mayor Lund asked how much time they thought they needed to get things into compliance. Mr. McAllister said by the end of May. Councilmember Barnette asked how many cooks were on duty. Mr. McAllister said they had three. Councilmember Barnette asked what the kitchen hours were. Mr. McAllister replied l 1 a.m. until 10 p.m., including Sundays. Mr. Jeff Namely, 2855 Rice Street, Little Canada, the chef for Sean's Pub, assured Council that he was there seven days a week. Councilmember Barnette asked how they were accounting for the food. Mr. McAllister replied there would be two cash registers behind the bar and one at the service station at the new kitchen window. Mr. Nathan Stout, 824 — 104�' Lane NW, General Manager for Sam's Club, stated he knew Mr. Namely. He said Mr. Namely was probably in their facility every day basically buying food. Mr. Vilene said he had been in the bar business for about 15 years all over the City of Fridley. He said he had been with Sean's for almost two and a half months as a bartender and he was going to help them out with the manager position. Councilmember Wolfe asked if he is going to apply for the manager's license. Mr. Vilene said he would if Sean's complied with everything. If they need him to right away, he would. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 14 Ms. Mary Gerdes, 2314 Quail Creek Parkway, Blaine, said she was the gambling mana�er for Spring Lake Park Youth Hockey. Their organization conducted charitable gambling at Sean's Pub & Grill in Fridley. They started selling pulltabs when the bar was KJ's and continued under the new ownership. She said during the last year she had been at the bar an average of four times per week. When she was there, the kitchen had been open and ready to serve customers. She said the chef was very dedicated to his profession. She said if the City chose not to renew Sean's liquor license, she would not be able to continue to sell pull-tabs and would have to lay off five employees. _ Ms. Kaylyn VanHorn, 8191 East River Road, Apartment 2, said she lived in Fridley and came to the meeting to offer her support. ' Mr. Brian Snippen, 1818 — 121 Avenue NW, Apartment 2, Coon Rapids, said he was the head of security for the baz. He and the other security staff have tried their hardest to make it a very safe environment. Mr. Namely said he could assure Council that the kitchen was open seven days per week. He said he was planning on bringing in new business. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE HEARING CLOSED AT 9:38 P.M. OLD BUSINESS: 12. RESOLUTION DENYING RENEWAL OF INTOXICATING LIQUOR LICENSE FOR MN SEAN CO., DB/A SEAN'S GRILL & PUB, GENERALLY LOCATED AT 8298 UNIVERSITY AVENUE N.E. (WARD 3). Councilmember Bolkcom asked Mr. Knaak, City Attorney, if they could grant a temporary license for three months. Mr. Knaak replied that the licenses are usually approved on an annual basis. In the past, there may have been circumstances when they were granted conditionally for a limited period of time. Under the circumstances the City had the discretion and authority to grant a conditional license. He suggested that Council be very specific with respect to the conditions that would need to be met. - Councilmember Billings asked exactly what the requirements were for officers of a corporation in terms of background checks. Mr. Sallman, Director of Public Safety, said they were required to do a background check on owners, managers, shareholders, and anyone who had an interest in the business. If there was FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 15 something in the background check that would preclude someone from filling that role, they would not recommend that person. Councilmember Billings said with respect to officers, he did not know if there was a requirement that all officers of the corporation had to go through a background check. Mr. Pribyl stated that officers were included. Mr. Sallman stated if there was a change in officers, they would have to conduct a new background check. Councilmember Billings stated the free appetizers could not be added into the food sales ration. He suggested some conditions for the temporary license. Councilmember Barnette asked when the door had to be completed. Mr. McAllister said by the end of May. The door had been ordered and a down payment was made. Mr. Knaak said he believed that one of the conditions should be that failure to comply with any of the conditions could result in immediate termination of the conditional temporary license. Councilmember Wolfe asked what the starting date would be and asked if they would be able to meet the sales tax requirement. Mr. McAllister said they would by the end of May. Mr. Knaak stated that there was a pattern in this case of waiting until the last possible second to provide a minimum of information. To avoid this, they needed to have good faith compliance and if Sean's had not begun a good faith process of licensing their managers, for instance, within a month, that could be a basis for terminating the license. Each of the conditions had to be reasonably enforced, but failure to make a good faith effort to comply with the conditions would serve as a basis for termination of the temporary license. MOTION by Councilmember Bolkcom to grant a temporary conditional intoxicating liquor license to MN Sean Co., d/b/a Sean's Pub & Grill, for three months, or until July 28, 2003, based on the following conditions: ` 1. Compliance with all fire codes. 2. All crimes and suspected crimes shall be reported to the Police Department and the applicants shall wark closely with the Police Department on any issues that arise and meet regularly as determined by the Director of Public Safety. 3. All persons acting in the capacity of a manager, shall have a manager's license. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 16 4. The 40/60 food-to-liquor license shall be maintained on a monthly basis. �. The City of Fridley Finance Department shall be supplied with a CPA-attested monthh� audited financial statement by the 10`h of the following month. 6. Sales taxes and income taxes shall be kept current. 7. All beer and liquor shall be purchased from licensed distributors. 0 8. Failure to comply with any of the conditions may cause immediate revocation of the liquor license. - 9. Background checks shall be conducted on all officers, managers and shareholders. 10. The requirements of the Fridley City Code shall be met by May 15, 2003. Seconded by Councilmember Wolfe. Councilmember Billings asked Sean Tierney and Sean McAllister if they had any questions about these conditions? Mr. McAllister asked if they could have a longer period of time to provide the financial statement. Councilmember Bolkcom replied the month of April by May 10, the month of May by June 10, the month of June by July 10. Councilmember Billings asked if they would be able to have the months of January through April completed by June 10. Mr. McAllister said they would. Mr. Knaak said if the conditions were met, they would ask for a renewal of the license for the remaining balance of the year. Councilmember Billings asked if they had paid the fee for the liquor license renewal. Mr. McAllister replied they have paid for the first six months. Mr. Pribyl agreed. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 17 9. LICENSES MOTION by Councilmember Bolkcom to approve the licenses. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. FIRST READING OF AN ORDINANCE AMENDING FRIDLEY CITY CODE, CHAPTER 901, PENALTIES. Councilmember Billing said he reviewed the ordinance and asked about the section regarding fines. He suggested some changes. Mr. Hickok said the City currently had the ability to fine up to $700. Attorney Knaak said that by law if there was a violation of a City's ordinance, the act was misdemeanor. MOTION by Councilmember Billings to table this item. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. ORDINANCE NO. 1176 AMENDING CHAPTER 507, MiTNICIPAL BATHING BEACHES. Councilmember Barnette said he received a couple of telephone calls from residents who were concerned that there were not going to be any lifeguards at the swimming beaches. He said he spoke with Mr. Kirk, the Recreation and Natural Resources Director, who told him there would be a person on duty at the beach who would have CPR training and would act as a manager of the beach Dr. Burns stated he believed the person had the duties as building monitor. MOTION by Councilmember Bolkcom to waive the second reading and adopt Ordinance No. 1176 on the second reading and order publication. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. INFORMAL STATUS REPORTS Councilmember Wolfe congratulated Mary Rowan for winning one of the highest honors from the Kiwanis Club. FRIDLEY CITY COUNCIL MEETING OF APRIL 28, 2003 PAGE 18 Dr. Burns stated a joint meeting with the HR.A was scheduled for Thursday, May 1, at 7:00 p.m. in Meeting Room 1. The major discussion topic would be the Gateway West Development Agreement. ADJOURNMENT. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE APRIL 28, 2003, CITY COUNCIL MEETING ADJOURNED AT 10:28 P.M. Respectfully submitted, Denise M. Letendre Recording Secretary Scott J. Lund Mayor m MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF 1VIAY 5, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 8:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: Councilmember Billings OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Frederic W. Knaak, City Attorney Jon Haukaas, Public Works Director APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of April 28, 2003. APPROVED. OLD BUSINESS: 1. FIRST READING OF AN ORDINANCE AMENDING FRIDLEY CITY CODE, CHAPTER 901, PENALTIES (TABLED APRIL 28, 2003). Dr. Burns stated that the maximum fine was $700. Minnesota Statutes allowed a maximum of $1,000. The ordinance would change the amount to the m�imum fine authorized by State statutes. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 2. RESOLUTION NO. 21-2003 REVOKING MU1vICIPAL STATE AID STREETS. Dr. Burns stated they discovered over-reporting of roadways eligible for state aid. This resolution removed the 2.19 miles of roadways that were over reported from the state aid FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 2 system. He said the City would see a 7.5 percent reduction in state aid funding. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 21-2003. 3. RESOLUTION NO. 22-2003 ESTABLISHING MUNICIPAL STATE AID STREETS. Dr. Burns stated staff also found .24 miles of streets that should have been included in the municipal state aid system but were not. This resolution included them in the system. Staff recommended Council's approval. • ADOPTED RESOLUTION NO. 22-2003. 4. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. 111244 THROUGH 111338. 4. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 5. ESTINIATES. APPROVED THE FOLLOWING ESTIMATE: Frederic W. Knaak Knaak & Kantrud P.A. 3500 Willow Lake Blvd. Suite 800 St. Paul, MN 55110 Legal Services Rendered as City Attorney For the Month of April, 2003 .................. .......... .. .......$ 5,6Q0.00 No persons in the audience spoke regazding the proposed consent agenda items. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUI�ICIL MEETING OF MAY 5, 2003 PAGE 3 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. John Lloyd, 1515 Mississippi Street N.E., said he wanted to talk about the alley by his house. He thought that when an ordinance was passed and there was feedback, Council should be notified. He referred to a letter dated September 9, 2002, signed by Mr. Jon Haukaas, Director of Public Works, thanking them for answering the survey for the proposed paving of the alley, and informing them that 13 of the 15 properties had returned the survey. Mr. Lloyd stated the petition to pave the alleyway was turned down. Council should have been informed because Council passed the ordinance. He went to Court and told the City Attorney what he planned to do and was told the City would not approve it. So a jury trial was scheduled. He said he had photographs of the alley. Mayor Lund asked about the elevations for the driveway. Mr. Haukaas, Public Works Director, replied there were a couple of issues. One was the paving of Mr. Lloyd's driveway as required by ordinance. The second was paving the alley. They would work with Mr. Lloyd to set some elevations. Councilmember Bolkcom said it was not different from any other street reconstruction project. Councilmember Wolfe said there was a unique grade. Mr. Haukaas replied the problem was that they could not give Mr. Lloyd a definite elevation on a project they have not designed. Councilmember Wolfe asked if they could show Mr. Lloyd where the City would put it. Mr. Haukaas replied they could give him an idea of where to put it. He did not feel they could guarantee anything. Mayor Lund asked what the City's policy would be if Mr. Lloyd did pave his driveway and it was ultimately affected by paving the alley. Mr. Haukaas replied they did not have a policy at this time. He thought they would be able to design around a paved driveway. FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 4 Councilmember Bolkcom stated they have had this paving driveway ordinance for over 5 yeazs. They gave people ample opportunity. A letter was sent last year and they were given until December 31 to contact staff. Mr. Lloyd asked Council to look at the picture of his driveway. He asked if they would pay $3,000 to $4,000 to put a driveway in and have it ruined. He said he would put the driveway in if the City Council would do what he asked and give him some blue tops and give him the property line because the driveway had to attach to adjoining property. Councilmember Bolkcom asked Mr. Lloyd if he was doing this on his own. Mr. Lloyd said he was. Councilmember Wolfe said Mr. Lloyd was trying to save everyone headaches further down the line. He never said he would not put it in. All he has asked is where the alley would be. Mr. Haukaas stated they could give Mr. Lloyd some information as to where the alley might be and give him a proposed elevation. Mayar Lund asked Mr. Haukaas if it was typical to give blue tops? Mr. Haukaas said they had never done that. Councilmember Barnette asked how a contractor would know where the alley was going to be. Mr. Haukaas replied by having a survey of the property done, they would know where the edge of the driveway was, Typically, it would be put in at a minimal slope out of the garage so it would drain away from the house and garage. Councilmember Barnette asked about Mr. Lloyd's court date. Mr. Knaak, City Attorney, replied it was his understanding that Mr. Lloyd was not going to build anything until the City paved the alley. He said if Mr. Lloyd was will to commit to paving the driveway it can be cleared. Mayor Lund asked Mr. Haukaas how much of a job it was for staff to be designating blue tops. Mr. Haukaas replied it should not take very much time. It sounded like they had the basic information. It would take a dry day. Mayor Lund asked Mr. Lloyd how much time was reasonable for him to get the driveway in, once the blue top was established. Mr. Lloyd said he should be able to have it completed within 60 days with no problem. Mayor Lund asked how many other driveways needed to be paved. FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 5 Mr. Hickok replied three others. He said the others would have their driveways in by June 15. N1r. Lloyd asked what he needed to do. Mr. Knaak replied they would go to Court and enter the agreement into the record. They would continue the case, and the chazges would be dismissed on the condition that Mr. Lloyd comply _ with the agreement. NEW BUSINESS: 7. SPECIAL USE PERIVIIT REQUEST, SP #03-04, BY KURT BECKER, FOR A SECOND ACCESSORY STRUCTURE (STORAGE SHED/SHOP), GENERALLY LOCATED AT 124 GLEN CREEK ROAD (WARD 3). -and- 8. VARIANCE REQUEST, VAR #03-08, BY KURT BECKER, TO REDUCE THE FRONT YARD SETBACK ON A DOUBLE FRONTAGE LOT FROM 59 FEET TO 9 FEET TO ALLOW THE CONSTRUCTION OF AN ACCESSORY STRUCTURE, GENERALLY LOCATED AT 124 GLEN CREEK ROAD W( ARD 3). Mr. Hickok, Community Development Director, stated he received a letter from the petitioner. The petitioner asked that both the special use permit and the variance requests be withdrawn and no further action be taken on those items. MOTION by Councilmember Bolkcom to receive the letter from Kurt Becker dated May 2, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. MOTION by Councilmember Bolkcom to accept into the record the request of Mr. Becker to withdraw the Special Use Permit Request, SP #03-04 and Variance Request, VAR #03-08, for a second accessory structure (storage shed/shop), generally located at 124 Glen Creek Road N.E. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. INFORMAL STATUS REPORTS Dr. Burns stated a conference meeting has been scheduled for Monday, May 12, 2003, with some of the City commissions to discuss the council/commission survey. FRIDLEY CITY COUNCIL MEETING OF MAY 5, 2003 PAGE 6 Mayor Lund invited the audience to a benefit being held by the Fridley schools on May 13 called Stargazers at Fridley. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NIAY 5, 2003, CITY COUNCIL MEETING ADJOURNED AT 9:13 P.M. Respectfully submitted, Denise M. Letendre Scott Lund Recording Secretary Mayor � AGENDA ITEM � CITY COUNCIL MEETING OF MAY 19, 2003 QTY OF FRIDLEY Date: OS/15/03 To: William Burns, City Manager ni�� n, From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: Second Reading of an Ordinance to Amend City Code Chapter 901. M-03-60 INTRODUCTION Currently, Fridley City Code allows a maximum fine for violations of the Fridley City Code not to exceed $700. However, Minnesota State Statutes, Chapter 609.034, allows a fine amount not to exceed $1000. This $300 discrepancy prevents the City from collecting fees in amounts high enough to help offset prosecution costs. City Staff is requesting a text amendment to City Code Chapter 901, titled "Penalties", which will bring Fridley's fine schedule current with State Statutes. The wording of the ordinance will enable the City's fine schedute to keep current with any future changes to the State Statute. The wording also retains the City's ability to include up to 90 days in jail for each offense. PAST COUNCIL ACTION At the May 5, 2003, meeting, the City Council approved the first reading of this item. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council approve and hold the second reading of the ordinance to amend Fridley City Code, Chapter 901. 1 ORDPIANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 901. PENALTIES The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 901 related to penalty fees be hereby amended as follows: , 901.01. GENERAL PROVISIONS Every person who violates this Code is subject to all penalties provided for such violation. Except where a different, specific or more particular penalty is provided or allowed with respect to any offense, any person guilty of a violation of this Code shall upon convicrion for such offense, be fined in an amount not to exceed the maximum fine as authorized bv Minn. Stat. 609.034 $�99 or be imprisoned in jail for a period not to exceed ninety (90) days or both for each offense for which such person is convicted. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19TH DAY OF MAY 2003. ATTEST: Debra A. Skogen, City Clerk First Reading: May 5, 2003 Second Reading: May 19, 2003 Scott J. Lund, Mayor Z - CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 7, 2003 CALL TO ORDER: Chairperson Savage called the May 7, 2003, Planning Commission meeting to order at 7:29 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Dean Saba, LeRoy Oquist, Larry Kuechle, Brad Dunham, Barb Johns Members Absent: None Others Present: Stacy Stromberg, Planner Scott Hickok, Community Development Director Frank Frattalone, Frattalone Ex'cavating, 3066 Spruce Street, , - Little Canada � Malcolm Mitchell,-Springbrook Nature Center Board Marv Makie, 8181 Ruth Circle Virginia Bauer, 251 Ely Street NE Bruce Carfson, 500 - 73rd Avenue NE Ron Zalzkowski, 314 Hugo Street NE Kevin McGinnity, 124 Longfellow Street NE Terry Canady, 131 — 79�' Way NE John Lodato, 8151 Ruth Circle NE Jim Mitchell, 8920 Ruth Circle NE Michael Malone, 635 Ety Street NE Michael Wojcik, 109 - 76"� Way NE See Attached Lists APPROVE THE APRIL 26 2003 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Nlr. Oquisf; to approve the April 26, 2003, Planning Commission meeting minutes. _ . . UPON A VOICE VOTE, ALL VOTfNG�AYE`, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � � 1. TABLED: PUBLIC HEARING: : Consideration of a Special Use Permit, SP #03-07, by,RJ Ryan Construction Inc., for the purpose of a rock crushing operation on the north side of the property, generally located at 8170 Hickory Street NE. (Tabl'ed from the 4=18-03, Planning Commission meeting.) MOTION by Mr. Kondrick, seconded by Mr. Saba, to remove this item from the table and reopen the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:32 P.M. . .. . 3 PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 2 Ms. Stromberg stated the petitioner is requesting a special use permit to allow a rock crushing and recycling facility on the northern 325 feet of the property located at 8170 Hickory Street. Dahlke Trailer Sales Company will occupy the southern portion of the property. City Code allows the operation of a rock crushing property with a special use permit in the M-3, Outdoor Intensive Heavy Industrial zoning district. A rock crushing and recycling operation involves taking used concrete and asphalt materials and recycling it into high-quality Class V or Class VI gravel-based product. Ms. Stromberg stated that at the April 16, 2003, Planning Commission meeting, this special use permit was tabled to allow staff additional time to review and analyze the stipulations presented by Malcolm Mitchell, the president of the Springbrook Nature Center Foundation. Upon review and meeting with Frank Frattalone, CEO of Frattalone Excavating, the changes and responses to those suggested stipulation changes are as follows: Stipulation #2: Ms. Stromberg stated the Springbrook Nature Center Foundation recommended changing this stipulation to read: "Crushing shall occur no more than 60 days a year with not rnore than 20 days being during the months of May through September. Staff changed the stipulation to reaci: "Crushing shall occur no more than 72 days a year with not more than 36 days being through the months of May through September.° The crushing operation will be allowed Monday through Saturday which is the six-day week.. Thus, the 72 days and the 36 days. This stipulation was changed to reflect days versus weeks as was requested by the Springbrook Nature Center Foundation; however, the petitioner has stressed the necessity of additional time during the months of May through September and has requested an additional 12 days. After thoroughly reviewing the request and understanding that summer months are when most construction takes place, staff agreed to change the stipulation. Stipulation No. 4: Ms. Stromberg stated the Springbrook Nature Center Foundation recommended changing this stipulation to read: "The maximum height of any stockpile shall never exceed 15 feet." Staff's response to that request is to add the word "never." When City staff words stipulations, they look at them from an enforcement perspective. Staff is aware that occasionally the pile, or a portion of it, may exceed the 15-feet requirement; however, the petitioner will be required to ensure the pile doesn't exceed 15 feet at the end of a shift or end of a crushing day. They have to be reasonable in their enforcement and the wording of the existing stipulation is sufficient. Stipulation No. 10: Ms. Stromberg stated the Springbrook Nature Center Foundation recommended changing this stipulation by adding a clause that stipulates the minimum total gallons per minute of water flow required to settle the dust during operation. Staff's response is there isn't a magic number to determine the minimal total gallons of water required to settle dust during the crushing operation. The amount of water used to settle the dust is dependent upon the type and moisture of the material being crushed as well as the weather. Frattalone, Inc., has indicated that their experience has proven that different days with different atmospheric conditions will require different watering techniques and volumes. They have committed to controlling dust and understand the danger to their special use permit and existence on the site if they do not do so. Staff � PLANNING COMMISSION MEETING. MAY 7. 2003 PAGE 3 recommends that they leave the volume of water and watering techniques to them and simply monitor it to ensure dust control success. Stipulation No. 11: Ms. Stromberg stated Springbrook Nature Center Foundation recommended changing this stipulation to read: "The Petitioner shall obtain all necessary permits and approvals that are required by the Minnesota Pollution Control Agency. This may include, but not be limited to, an NPDES permit, a certification of a condition of no exposure, a storm water Phase I or Phase II permit, an air emissions permit regarding particulates and environmental assessment worksheet, etc. Staff's response is they had contacted the Minnesota Pollution Control Agency prior to the report the Commission received before the April 16, 2003, Planning Commission meeting. An environmental assessment worksheet is not required as it doesn't meet the criteria. Frattalone Excavating and Grading has an air emissions permit from the MPCA which authorizes the construction, modification, and operation of non-metallic mineral processing. A storm water Phase II permit is incorporated with an NPDES permit for construction and industrial activities if the MPCA deems that the project requires one. Staff recommends leaving the stipulation as it is as it puts the responsibility on the petitioner to work with the MPCA to get an NPDES permit or certification of any condition prior to commencement of operation. Stipulation No. 13: Ms. Stromberg stated Springbrook Nature Center Foundation recommended changing this stipulation to read: "Noise levels shall comply totally with the Fridley noise ordinance, including the decibel measurements and the location at which the measu�ements are to be taken provided that the noise level shall not exceed 66 decibels at the no�th boundary." Staff's response is the City Code requires that noise in the industrial districts cannot exceed 80 decibels at the property line. In response to the Foundation's concern, the petitioner intends to move the crushing equipment an additional 80 feet from the northern property line. Mr. Hickok explained a matrix showing the measurement of the decibels. One of the columns showed actual measurements taken on one of their field visits to the existing crushing operation for the Frattalone Company. It indicated that at a distance of 50 feet from the crushing equipment, there was a 76-decibel reading. When they backed up to 100 feet, that measurement dropped slightly to 75 decibels. At 200 feet it dropped again to 70 decibels. In analyzing the mathematical digression of the decibels as you move out away from the crushing operation, they studied a number of different things. A study done in California on a similar rock crushing operation used a methodology that is known as the "doubling° methodology. What it indicates is as you double your distance from the site, you drop by 6 decibels. At a measurement of 400 feet from the crushing operation, you would expect 57 decibels and between that 400 and 800 measurement is where the closest trail at the Nature Center is. At 800 feet, you would expect 51 decibels. This is important information to remember, because as they talk about places like residential districts and nature centers, State law would deem that a Category I or the quietest category for accepting sound, and that range should be between 60 and 65 decibels. Using a measurement of, for example, 450 feet to the closest pathway, you are going to be at something less than 57 decibels at that point, based on this doubling methodology. �� PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 4 Ms. Stromberg stated the equipment will be placed 180 feet from the northern property line. The petitioner has stated he will move it an additional 80 feet from the northern property line, which is 569 feet from the nearest trail in the Springbrook Nature Center. Stipulation No. 17: Ms. Stromberg stated the Springbrook Nature Center Foundation asked what does "ensure compatibility" mean. Compatibility with what? Staff's response was the purpose of staff's broad wording is to ensure that the stipulations are being adhered to and that the neighboring property owners are not negatively impacted as a result of granting this special use permit. Stipulation No. 18: Ms. Stromberg stated the Springbrook Nature Center Foundation recommended adding this stipulation: "The petitioner shall dete�mine and document the pH of the creek/streams into which runoff water from the property will enter. This shall include any cyclical variations in pH that may occur on a daily, weekly, monthly, seasonal or other basis. The runoff and/or discharge from the petitioner's property shall be maintained with a pH range of 6.5 — 8.5, as measured 20 feet downstream of the discharge point.° Staff's response was from Jon Haukaas, the Public Works Director, who submitted the following response: "I don't believe there is any basis to support the stipulation requiring monitoring the pH associated with the storm water runoff from a rock and concrete crushing facility. I cannot find anything from the MPCA relating to this issue. While I can understand the concerns in this area, without sound reasoning and information to benchmark against or technical data showing what the limits should be, I don't see how we can justify a requirement like that. "The second issue is the enforcement. Again, without some kind of limits to measure against, what do we enforce? Also, who does the monitoring, testing, reporting, etc.? What is the penalty? Without answers to these questions and hard evidence to back it up, we do not have any business trying to impose these requirements on any facility.° Ms. Stromberg stated that staff would not recommend adding Stipulation No. 18. Stipulation No. 19: Ms. Stromberg stated the Springbrook Nature Center Foundation also recommended this stipulation: "The petitioner shall furnish sound measuring equipment to the Springbrook Nature Center as follows: 1 portable battery-operated decibel meter with a capacity to document sound level readings over at least a 24-hour period and sufficiently accurate and sensitive to determine compliance with the City of Fridley ordinance that specifies sound levels. If and when either portable device has operational difficulties that would render it unable to meet the above requirements at any time in the future, the petitioner shall provide a fully operational device of equal or greater functionality within a short period of time, meaning days, not weeks." Ms. Stromberg stated staff's response is that the intent of the Foundation's request is clear. However, it is inappropriate to request money or goods from a petitioner as a condition of approval of a land use request. 0 PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 5 Ms. Stromberg stated City Planning staff met with City Park and Recreation and Springbrook staff the afternoon before the Planning Commission meeting to discuss the planning responses to the Foundation inquiries. Ms. Stromberg stated that with the recommended stipulations, there is now staff consensus that adequate safety measures exist to ensure land use compatibility are in place. Ms. Stromberg stated that City staff recommends approval of the special use permit with stipulations, as the stipulations on this request should reduce any adverse effects experienced by neighboring property owners. If the special use permit is granted, staff recommends the following stipulations: 1. The hours and days of the rock crushing operation shall be limited to 7 a.m. to 7 p.m., Monday through Saturday. 2. Crushing shall occur 72 days a year, with not more than 36 days being during the months of May through September. 3. Each year the petitioner shall provide the City with a tentative calendar in which the weeks of crushing will occur. A one-week notification is required to modify the calendar. 4. The maximum height of all stockpiles shall not exceed 15 feet. 5. The final landscape and screening plan shall meet code requirements and be reviewed and approved by City staff prior to commencement of operation. 6. An 8-foot screening fence shall be installed on the west, north and east perimeters of the site and shall be properly maintained. 7. A storm pond maintenance agreement shall be filed with the City prior to commencement of operation. 8. Drive aisle to be paved and concrete curbing installed as indicated on site plan. 9. Crushing of limestone shall be prohibited. 10. Water service and use shall be through a permanently installed water meter. 11. The petitioner shall obtain an NPDES industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency. 12. All State and City regulations shall be met for noise, dust and air quality. 13. Noise levels shall not exceed 80 decibels at the property line. 14. Truck tra�c shall be routed on 81S' Avenue to and from Unive�sity Avenue. 15. Site to be watered as needed to keep dust down. 16. All loads to be watered when leaving the site and streets to be cleaned daily if necessary. 17. Special use permit shall be reviewed in one year to ensure compatibility. Ms. Savage asked what staff will be doing to monitor the noise levels (Stipulation No. 13). Ms. Stromberg stated staff will monitor the noise levels as frequently as needed and as frequently as they should be. They will be keeping an eye on this operation. Mr. Kuechle asked if the City does have a noise level meter. Ms. Stromberg replied, yes, they do. Also, police officers have noise meters in their vehicles. Mr. Saba asked about the doubling methodology whether other factors such as wind direction and humidity, have a bearing on the decibel levels. 7 PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 6 Mr. Hickok replied, yes, atmospheric conditions do have an impact on the decibel readings. The way the law reads on this is, the human activity area on a different classified property, the measurement needs to be between 60 and 65. The closest human activity area they woufd use outside of the Class III classification, that is the Industrial District, would be a Class I, the Springbrook Nature Center, there is 569 feet between this new location, 80 feet south and the trail, that measurement needs to be between 60 and 65 regardless of the wind conditions and so forth. That is what the stipulation about meeting all the state and local requirements is about. Mr. Kuechle explained the doubling methodology and stated the methodology is correct. Mr. Oquist asked about Stipulation No. 4, about the stockpiles not exceeding 15 feet. Should that not say they are not to exceed 15 feet at the end of the day? He believed in the other stipulation, it said the piles may be somewhat higher but, at the end of the shift, it should be 15 feet. Mr. Hickok stated staff is more comfortable with this wording. From an enforcement perspective, staff would like to have the message be that the piles cannot exceed 15 feet. They always put their enforcement to the reasonableness test. Understanding their enforcement technique is to educate first, if they go out and see there is a problem, they notify the petitioner, let them know there is a problem, and they correct the problem. If it is persistent, a citation could be issued or at any point they could pull this special use permit back. Wiihout specifying a time of day or how much more than 15 feet they would accept, they want to stay with the general language. Mr. Frank Frattalone, Frattalone Excavating, 3066 Spruce Street, Little Canada, stated they met with staff after the last meeting and tried to address all the things they could for the Springbrook Nature Center. One of the things he would like to add is the decibel readings were taken on a flat surface with no piles or anything in between. To control the dust, they have a pump and they run pressure from lines and the ,�ump and they spread the nozzles out on all the dust points. They control the dust really well and they would make sure there is no dust at all. There is water also where the loader runs. The loader often makes dust running around the site. They water the site also where the traffic is running to keep the dust down. Mr. Frattalone stated they are now in Little Canada, 400 feet, he believed, from a mobile home park with 300 residents in there� There is a complaint once in a while but not very much. They try to be the best neighbor they can, and they very seldom have any complaints. If there is anything they can do for them, they will do it. Ms. Savage asked if Mr. Frattalone was in agreement with the final 17 stipulations that were presented? Mr. Frattalone stated he can agree with them. He doesn't like the idea of watering the trucks when they leave, and he and Mr. Hickok have talked about that. They have never been required to this before. It really makes a mess of things and that is why they don't like to do it. Mr. Kuechle asked Mr. Frattalone how long did he think the material will be stockpiled, in particular, the crushed material? Would there be a problem with dust blowing off those piles on days when they are not actually working? Mr. Frattalone stated he doesn't believe there is any dust that comes off that crushed pile. It's pretty heavy gravel, there are rocks mixed with it, and there is a little oil content from the : PLANNING COMMISSION MEETING, MAY 7, 2003 ' PAGE 7 asphalt. Recycied gravei is much less dusty on a gravel road than on a regular gravel road with mineral gravel. Mr. Bruce Carlson, President of Park Construction, stated they own the properry directly south of where this will be happening. They crushed last year using Frattalone and there were no negative impacts. Park Construction has been a resident of Fridley for 25 years, has been crushing for the last 20 themselves, hiring it out on their properry; and they would also like to continue crushing, following the same crite�ia. Mr. Malcolm Mitchell, Chairman of the Board of Springbrook Nature Center Foundation, stated the Springbrook Nature Center Foundation Board is still deeply concerned about the proposed installation of a rock crushing operation. On land it really is about 300 feet from their southem boundary. They recognize there is a trail, but still the boundary is only 300 feet from this operation. Even if moving it another 80 feet, it still is not that far from the boundary. They still believe it is truly unfo�tunate that this area to the south is zoned as it is. They are disappointed that staff regarded their stipulations with little merit and didn't adopt them more than they did. He believed the noise was the most important area, in addition to the pH. They looked up the Minnesota Pollution Control Agency rules and did find there is the requirement the noise level be no more than 60 for 50 percent and no more than 65 for 10 percent of the time during an hour of operation. This is a 12-hour operation, as they understand it, and that is not a 50 percent use of that site. They are still concerned that the noise level, even if you use the doubling method, will not be intermittent, that it will be constant and will make it very di�cult for people to enjoy the Springbrook Nature Center. He is still encouraging the Planning Commission that at the Nature Center, it needs to be 60 or 65 decibels as required by Minnesota Pollution Control Agency rules, and it needs to be specified that is 50 percent of the time or less. Mr. Mitchell stated that regarding the dust, the State requires that every precaution be taken to prevent visible dust beyond the property line. They will be observing that very closely and they do believe there will be dust from the piled stock of cement and concrete. They had testimony at the first public hearing that with a south wind when Park Construction was crushing, there was dust flying in the direction of Springbrook Nature Center primarily off the piles that were left. Mr. Mitchell stated they are still very concerned about the pH. They urge that the Commission think about reinstating the recommended stipulation. As they looked at the rules, it says if the standards in this part are exceeded, it is considered indicative of a polluted condition which is actually or potentially danger, deleterious, harmful, detrimental, or injurious with respect to the waters of the State. The rules go on to list, among other things, the pH ranges for different use. classes since the creek that the water from this site flows into is not a state-listed water, this probably falls under Class II.B. The acceptable ranges for pH under Class II.B. are 6.5 to 9.0. They had recommended that the pH be monitored to be between 6.5 and 8.5. They think that is not an unreasonable request that be placed on this applicant. They really are interested in protecting the value of the Springbrook Nature Center and they will monitor this and will bring it to the attention of the City officials and State officials if the standards proposed here are not met. Mr. Kuechle asked if he knew what the pH range of the creek is now. Mr. Mitchell replied, no, he did not. Mr. Kuechle stated it would really be difficult to ask the petitioner to keep that in the range. 0 � PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 8 Mr. Mitchell replied that is the State standard, it is the rule for unnamed waterways in the State. It is not a standard to compare it with what is there. It is a standard that says that is what needs to be there. Mr. Oquist stated that since they don't know what the pH range is now, it could be exceeding that limit right now. Mr. Mitchell replied it could be and that is a problem. Mr. Oquist stated that with runoff from the surrounding shopping areas, it could already be exceeding the pH level; therefore, if this proposed stipulation was in force, and they found out the pH level was too high, they wouldn't know when it happened. Mr. Mitchell repiied that he would suspect there would be a process of monitoring it over time. Mr. Oquist stated they should be monitoring it right now. Mr. Mitchell agreed that is the case and maybe they should ask that it be monitored. He thinks that water pollution is one of the biggest concerns in their state and in their area here. Ms. Marv Makie, 8181 Ruth Circle, stated there has been no discussion about the residents that live on the west side of the railroad tracks. There are residents who are a lot closer than Springbrook Nature Center. Mr. Hickok stated that at the last Commission meeting, there was some discussion and they used the map to demonstrate the distances from the Nature Center and the residential areas. Mr. Makie pointed out on the aerial photograph that moving the operation 80 feet to the south will make it less than 797 feet. Mr. Hickok replied, yes, moving it 80 feet south will put it 717 feet from the area that is now indicated 797. There is an industrial band of property on the west of the rail and then they would take measurements to the nearest residential beyond that. They tried to scope out the area including the Nature Center, not forgetting the residential, going to the north, south, etc. The area probably most affected by the equipment being moved 80 feet south is Ruth Park. Mr. Makie asked how much of an impact will the dust have on the kids in the park. Mr. Frattalone replied there will be no dust. Mr. Makie stated Mr. Mitchell had just stated that when Park Construction was crushing, they had dust if there was a south wind. If there is an east wind, it's going to blow right into the park and kids are going to be affected. Mr. Hickok stated there are some things to be considered here about the special use permit that Park Construction had and the special use permit before them tonight. The Park Construction permit from years ago had six stipulations on it and, as they can see from their current analysis, they now have 17 stipulations that are quite specific about watering airborne particulate and so forth. They would like to think they have become more sophisticated and, although he will respect the comment about Park Construction, the piles were taller than 15 feet in height, the m PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 9 watering standards were different, and the MPCA has gotten more sophisticated. The current operation is required to have a storm pond for treatment of water that wasn't a requirement of the special use permit on the Park Construction property. This has become far more sophisticated. Mr. Frattalone replied that at the last meeting Mr. Carlson answered that comment about the dust coming off the piles. Mr. Carlson stated the dust was coming off the yard and not off the piles. They have a yard now and they crush all over the metropolitan area. When there is dust, it is from the parking lot or from the area where there are trucks running on it and so forth. The piles actually get a coating on them, once it rains they get what is like a little shell on there, and it's a heavy gravel, and there is no dust that comes off them. As they are crushing, they are going to keep the dust down, the traffic down, they will not have dust leaving their site. They will be making every effort to make it as livable a site as possible. Ron Zalzkowski, 314 Hugo Street NE, asked if the crusher is in a building or is it out in the open air? Mr. Frattalone replied it is out in the open air because it's portable. Mr. Zalzkowski stated he was also concerned about what could be going to the west in the area they live in. Also, he asked how the neighbors will know when the special use permit is renewed. Will they be notified? After a year, he was sure the neighbors would have some comments. Mr. Hickok stated there will be an annual review, but not a public hearing. Residents are certainly welcome to attend. Typically special use permits have an annual review automatically built into them. When a special use pe�mit is granted by the Commission, ultimately by the City Council, there is an annual review process where staff goes out and follows up on all of them. In this special use permit, they have stipulated they plan on bringing it back to the City Council in one year so they have an opportunity to understand the performance and to hear if there were any some complaints, etc. It is going to be an information item to the City. In terms of public notification, since it is not a public hearing notice, he is anticipating there won't be a mailing on it but certainly that is something they can contemplate. He is not certain at this point. Typically, for a public hearing, they notify residents within 350 feet of the subject property about 10 days before the hearing. Staff will have to give some thought to any notification. Ms. Virginia Bauer, 251 Ely Street NE, asked about how the dust from the trucks or loader is going to affect the environment and habitat of the Springbrook Nature Center and the residents near the site. Mr. Frattalone stated that dust would come from the trucks and the loader only if no was watering done. They water with a water truck that is on site all the time. They water the site daily so there is no dust created by the trucks or the loader. Even when they are not crushing and they are hauling in and out, they will be watering roads other than the blacktop road. They do have a blacktop road proposed to go all the way onto the site right into the middle of the pile. They will be controlling dust of all kinds. To make it clear, Mr. Carlson said the dust from his facility was not coming from the pile, it was coming from his normal construction yard which he was not watering daily. Mr. Kuechle asked if they periodically spray the piles. 11 PLANNING COMMISSION MEETING. MAY 7, 2003 PAGE 10 Mr. Frattalone stated they will some times shoot the pile to prepare it for crushing if it is a real dry pile so no dust is created. As far as the pile that he has processed or is sitting, he has never had to water for a dust problem. Terry Canady, 131 — 79th Way NE, asked Mr. Frattalone to explain what each piece of equipment does. Mr. Frattalone explained the rock crushing process. Mr. Jim Mitchell, 8920 Ruth Circle, stated he lives in a home west of the rock crushing operation. He asked if they are going to have a double rock operation, the proposed one together with the Park ou�t. What kind of aggregate noise level would both of those operations have? Also, he asked what is the existing law or restrictions on Park Construction? What is the effect on Springbrook and the neighborhoods. Mr. Hickok stated that right now there is no second special use application from Park Construction. Park Construction has indicated they are interested in applying for a rock crushing permit. They will be under the same stipulations that this operation has, and there may be some factors unique to that site. In the area of noise, there is what is called an ambient noise level that basically takes a base reading of the noise as it exists. One might believe then that if you have two operations, the noise would be twice as much, but that is not true. The ambient noise from one rock crushing operation may almost mask the second operation or there may be some effect that is a multiplier. There will be some increase, but the reality is if it is believed that there are twice the impacts, instead of having 60 decibels, they would have 120 decibels, that is not true. Ms. Savage asked Mr. Hickok if he was saying that Park Construction does not have a permit to crush right now Mr. Hickok replied that is correct. Ms. Savage stated that in the past Park Construction must have had a special use permit. When was that in effect? Mr. Hickok replied he believed that special use permit was in effect in the early 1980s. Park Construction has been crushing on its site for over 20 years. What changed is that Park Construction had a 20-acre site which they have now sold. Bruce Carlson's new location is to the west of this 20-acre location, and that site does not have a special use permit. So, a new rock crushing operation would have to go through this very same process and then appropriate stipulations would be attached. Mr. Kevin McGinnity, 124 Longfellow Street NE, stated Park Construction has never been a good neighbor. He lives right across from them. When the train passes, the ground shakes at his residence. When Park Construction has heavy equipment moving on its property which is further away than what some of these residents are going to experience from this rock crusher, the ground shakes. So there is going to be a vibration problem for anybody that is a day sleeper. A day sleeper will be walking around in his/her house feeling things are very quiet until he/she lays down and the very springs of the bed will transmit the sound from the basement through the house. Previous comparisons were to a mobile home court. A mobile home court is basically established on blocks; there is substructure, but there is no basement. There is nothing to transmit that sound from the ground. What happens with a residence, is the sound 12 PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 11 comes in from underneath and it tends to resonate just like it would in stereo speaker. So, there is going to be direct residual transmission through the ground the residents are going to get and they are going to have more than one complaint within the first few days of operation. Mr. McGinnity asked why they can't crush limestone. Mr. Kuechle replied the runoff from the limestone would change the pH. Mr. McGinnity asked if they realized that one of the basic constituents in particulate matter of concrete is limestone. Mr. Kuechle replied that is true, but it is chemically reacted. Mr. McGinnity asked if they also realize when they are crushing rock, there are heavy metals such as lead and mercury that occur naturally in the soils that will be refined to the point of where they can now become hazardous material. Asbestos is also highly present in the soil, especially in the rock in Minnesota. You have a playground and children play at the playground and they put their hands in their mouth. So when we would normally wash our hands before we eat something, these children would be eating. It's right next to a park. When you have a wind from the east, it's always a high wind because it's a storm wind or its residual wind. Is there any consideration for source control of this material coming into this site? Could it be coming from a nuclear power plant that has been disassembled. Could it be material that has been brought in from an area of the state or an area of the city that has high radon levels in the ground? Are they going to have any control in any manner, shape, or form of this type of material? One of the things that has been addressed is how much noise the rock crusher makes. The backup alarms are very high decibel rated and they are a constant irritant. Mr. McGinnity asked if they knew how many jobs this site will provide for the state? He wants to see if there is enough jobs that would justify people giving up their quiet enjoyment of their property because this is a tough job market right now. The quiet enjoyment extends to the residents also and they have not even been contacted and that is one of the reasons that some of the residents are very irritated. Mr. McGinnity stated the decibel level is a measure that is used to determine at what point harm starts to the human hearing. It is not necessarily a measure that is used to determine what the comfort zone is. Another residual problem with a rock crushing operation is silica sand, and that is very detrimental to small children. One of the things that seems to be in contest is whether the loads are going to be watered before they leave the yard. The operator has already indicated that he doesn't believe this is necessary or desirable. If he does and he has residual diesel fuel and oil byproducts and things like that, he is going to be sharing his product with every community around here. He is going to put it on the highways which is going to leak back into the river which is going into the St. Paul water system intake. Mr. McGinnity stated they have an environmental hazard problem here. They have no control over the oil content that he is going to be bringing in and crushing. There is no stipulation on what percentage they are going to have on hazardous material versus inert material. And there will be hazardous material, if they have petro chemical byproducts, they have hazardous material. They have another residual problem just from the railroad tracks alone. Because of the predominant northwesterly winds, the ground where this rock crushing location is located is very likely a depository for dioxin. This is a substance that was used by Burlington Northern and by most of the railroad industry to control weeds along the railroad right-of-way. This is the 13 PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 12 same thing that contaminated Vietnam veterans They are going to be disturbing ground and they are going to be putting it back into the air and scooping it around and moving it around and that is going to be shared by children as well. Due to the impact of this in the community, he highly recommended that they add having a public hearing in one year as a stipulation. This would give the adjacent residents time to determine whether this operation is, in fact, is a good neighbor. Ms. Savage asked Mr. Frattalone if he could answer the question about the number of jobs. Mr. Frattalone replied in their present facility they have eight or nine people when they are not crushing and when they are crushing they add four people to that. So a total of 13. But the crushing again is only a maximum of 72 days a year. Mr. John Lodato, 8151 Ruth Circle NE, stated he has five children so he is concerned about the rock crushing. If there isn't a stipulation to have a pubic hearing in one year, is it possible for the petitioner to increase the number of days to crush rock? Ms. Savage replied the petitioner is bound by the stipulation which limits the days he can crush rock, so the petitioner would be in violation if he does not adhere to the stipulations. Mr. Lodato stated there are a lot of children in the area. He takes his children to the parks. The gentlemen who talked about the dust on the swings and the slides is so correct. If dust does exist, children do not wash their hands and it could be a serious thing. MOTION by Mr. Kondrick, 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 CLOSED AT 8:47 P.M. Ms. Savage stated it sounds like the neighbors would like a public hearing in one year. That might be very appropriate. She asked if they could do that by stipulation. Mr. Saba commented that he is concerned about the pH. What is the pH of the water now and how are they going to control the pH? Could staff address that issue? Mr. Hickok replied they have analyzed that at the staff level, and the rules in the State of Minnesota govern the creation of concrete, not the refurbishing or recycling of concrete. So, it's essentially talking about stockpiles of lime and other materials that go into the concrete in the construction on the front end as opposed to the reclamation or recycling on the back end. So, those stipulations that talk about pH do not apply, as staff understands it, to the MPCA rules. Certainly, staff is not saying there isn't a valid pH question being raised; but the staff response is that, without a base line and without backing criteria from the State, essentially the City of Fridley would be taking on its own mechanism for deciding what is and what is not appropriate for pH in the wate�. At this point, unless additional compelling information can be provided that this and this alone can be blamed for future pH issues, a stipulation hasn't been suggested. It has not been recommended by staff and his only note is a cautionary one that enforcement is always on the other side of creating a stipulation, and unless you have a very strong ability to tie a change to a specific use, it would be difficult to enforce. Mr. Hickok stated there are many changes. He thinks there was a concern from the Foundation about a fish kill years back, no historic documentation on file about that but from 14 PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 13 some discussion about whether it came from Park Construction's rock crushing. At that time Stonybrook Creek was not in a pipe, it was open. Again, there was no real data to validate the origin of dead fish in a creek, but there were also no holding/storm treatment ponds on site for controlling that. State laws today are very different. A runoff on a site in its developed state cannot be greater than the runoff before it was developed and, in this case, it means that Dahlke Trucking and the rock crushing operation will share a storm treatment pond, the water will go into that storm treatment pond first, it will stay for a period of time as the particulates are filtered out, and then the water itself moves downstream. The reality of it is that at this point, there is not a good enforcement ability if a stipulation is made for staff to go out and validate that there has been any sort of error. Mr. Kuechle stated he thought the real probtem here is not the fact that they can't measure the pH but the fact that they have no baseline. The pH is an excellent indicator of point source pollution. It would certainly be a valid measure here. Ms. Jones asked whether the City has any standard or any documentation of any of the pH levels of the creeks, whether known or unknown? Mr. Hickok replied the City does not monitor the pH in the creeks. Mr. Kondrick asked regarding Stipulation No. 11 (The petitioner shall obtain an NPDES industrial discharge permit to ce�tify a condition of no exposure from the Minnesota Pollution Control Agency.), what is the NPDES and what do they do, what do they know, how do they protect us? Mr. Hickok replied the MPCA is a state agency, and a NPDES permit is a permit issued through them. The permit is a requirement on any operation where you are moving and altering soil on land, when you are potentially having an effect on the environment through the use of your property when a NPDES permit is necessary. It's really important to know that there are very specific standards that go with that. In the discussion from the Foundation, there were talks of Phase I and Phase II analysis, there were talks of a letter of no impact from the MPCA. Much of this stuff, as they have mentioned, is handled already. The safety net is already in place because, in order to do a rock crushing operation like this, Mr. Frattalone has to go through that. One of their employees is a safety person who deals with the typical type of safety stuff you might think about, but also deals directly with the State on their NPDES permit. Mr. Oquist asked if this regulatory commission would be the one that would take care of the issues Mr. McGinnity brought up earlier? Mr. Hickok replied the MPCA is really the umbrella operation over NPDES and other pollution- related issues. Mr. McGinnity made a very good point about contamination and dangerous materials that might come from a site. But, in a situation where a building is being demolished and there are dangerous/hazardous materials within the building, demolition is also a very, very sophisticated art. Tearing down a building today is not what it used to be, and a building needs to be analyzed first to know that the hazardous materials have been pulled out. It needs to be to a certain level before the demolition can happen. When a building is being torn down in the Ciry of Fridley, a demolition permit must be granted; and that demolition permit includes an analysis of things that might be contaminating components of that building that need to be treated in a manner before the building can be removed from the site. Mr. Saba asked if the o�cials in Little Canada have been contacted to find out if there are any issues they have had to address. 15 PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 14 Ms. Stromberg stated she has spoken with the city manager of Little Canada, and he had nothing but good things to say about Frattalone's operation. Rarely do they receive complaints and, if they have, Frattalone has been good to work with in resolving the complaints. He didn't have much to say about them because he said they run a very good business and have for a long time. Mr. Kondrick asked if there are houses/business/parks close by in Little Canada? Ms. Stromberg replied the nearest residential property is the mobile home park, and there are many industrial type businesses located around the perimeter of the site. She is not sure of any parks. Mr. Frattalone stated there are no parks. Mr. Kuechle stated this clearly is an issue that concerns a lot of people, but he also does believe they are in an industrial area that is zoned for this particulate kind of operation. It also requires a special use permit which allows the City to have some control over it. It seems as though they have attempted to address all the issues as best they can. It does seem that the Frattalone operation has a good reputation, certainly from Little Canada, and it seems to indicate they are good neighbors and attempt to stay that way. Especially since they do have the ability to check up on them at least once a year, if they turn out to be not what they seem to be, they can do something about it. So he would be in favor of recommending approval of this special use pe�mit with the recommended stipulations to the City Council. Mr. Kuechle stated he is not in favor of having another public hearing. He feels they have already put the petitioner through several public hea�ings and to ask them to come in again for another round of public hearings is more than we ask most people. If the complaints are numerous and require evaluation, the mechanism is there for a review, and he would not be in favor of adding any others. Mr. Saba stated that since this special use permit has to be reviewed in one year any way, he would strongly favor adding a stipulation for a public hearing, because he believed these conditions are of serious enough concern to the neighborhood, Springbrook Nature Center, and everyone. Mr. Kondrick stated he agreed. But this is such an unusual operation and affects a lot of homes and the nature center and the pH thing they just don't_know a lot about. Mr. Oquist stated he would also agree. However, he also agreed with Mr. Kuechle in that he wasn't sure if it was necessary to have another actual public hearing. It's going to be reviewed in one year by staff, and it's going to be covered by Council. He is still concerned about the pH and thinks somebody should check the pH today. It may be that the pH is being exceeded right now. Ms. Savage stated she would vote to �ecommend approval of the special use permit. It is a permitted use and allowed by the City. She thinks that a lot of work has gone into this, and she thinks the petitioner has ce�tainly made an effort to work with the concerns, at least that he knew about at the time with the Springbrook Nature Center. It appears he will be sensitive to the concerns of the neighborhood also. As to the public hearing, she believed it would probably be 16 PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 15 a good idea to have a public hearing in a year; however, if they are going to do it for this business, they should probably do it for others. . Mr. Saba stated the reason he is so strongly in favor of a public hearing on this issue is because of the serious health issues, contamination issues, and detrimental issues to not only the Springbrook Nature Center but the surrounding homes. He doesn't think they are setting a precedent at all because this is a special situation, and they don't have a lot of data on this in the City. He couldn't vote in favor of approval unless they can add a stipulation for the public hearing. Ms. Johns stated that because of the zoning of the property, she feels that they owe the petitioner a chance although she also has some definite concerns. She lives a little further away from this, and she didn't know if she was going to feel the ground pounding and the noise from it, but she lives about 1,200 feet from the railroad track and she can hear the train go by at any time, windows closed or open. She certainly doesn't envy anybody living in the neighborhood, but she would suggest to the people in the neighborhood that if they do have any concerns, they need to call the City. As far as the public hearing, she thinks it is a good idea to have it if are some concerns from the neighborhood. She does agree with the pH levels in the creek and she thinks that should be considered and checked into prior to this operation starting. She is concerned about the proximity to the Nature Center and the park on the other side of the railroad tracks. Mr. Dunham stated he agreed with Mr. Kuechle. There are mechanisms there now, staff has recommended this and looked at a lot, listened to Springbrook, and he would vote in favor of the special use permit. Mr. Hickok stated the Commission could send the recommendation to Council with stipulations as is with a recommendation that the Council also consider a public hearing, or they could alter a stipulation that requires that it comes back in a year that they would like that to be a public hearing. Mr. Kondrick stated the Council will get a copy of these minutes and know that he and Mr. Saba are in favor of a public hearing. Mr. Kuechle stated it was also important for the Council to know that it wasn't unanimous to add the stipulation for the public hearing. MOTION by Mr. Kuechle, seconded by Mr. Dunham, to recommend to City Council approval of Special Use Permit, SP #03-07, by R. J. Construction with the following stipulations: 1. The hours and days of the rock crushing operation shall be limited to 7 a.m. to 7 p.m., Monday through Saturday. 2. Crushing shall occur 72 days a year, with not more than 36 days being during the months of May through September. 3. Each year the petitioner shall provide the City with a tentative calendar in which the weeks of crushing will occur. A one-week notification is required to modify the calendar. 4. The maximum height of all stockpiles shall not exceed 15 feet. 5. The final landscape and screening plan shall meet code requirements and be reviewed and approved by City staff prior to commencement of operation. 17 PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 16 6. An 8-foot screening fence shall be installed on the west, north and east perimeters of the site and shall be properly maintained. 7. A storm pond maintenance agreement shall be filed with the City prior to commencement of operation. 8. Drive aisle to be paved and concrete curbing installed as indicated on site plan. 9. Crushing of limestone shall be prohibited. 10. Water service and use shall be through a permanently installed water meter. 11. The petitioner shall obtain an NPDES industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency. 12. All State and City regulations shall be met for noise, dust and air quatity. 13. Noise levels shall not exceed 80 decibels at the property line. 14. Truck traffic shall be routed on 815t Avenue to and from University Avenue. 15. Site to be watered as needed to keep dust down. 16. All loads to be watered when leaving the site and streets to be cleaned daily if necessary. 17. Special use permit shall be reviewed in one year to ensure compatibility. UPON A VOICE VOTE, SAVAGE, JOHNS, KUECHLE, AND DUNHAM VOTING AYE,. SABA AND KONDRICK VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. Mr. Hickok stated the public hearing notification process involves notifying people within 350 feet of the boundary of the property. If anyone feels he or she has been somehow erroneously forgotten, it is because they were outside that boundary of 350 feet. The City also publishes the public hearing notice in the Focus News, the official paper for the City of Fridley. So, if there is another public hearing, it will be published in the Focus News. 2. PUBLIC HEARING: Consideration of a Special Use Permit, Sp #03-08, by Michael Malone, to construct a second accessory structure (attached garage), generally located at 635 Ely Street NE 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 OPENED AT 9:10 P.M. Ms. Stromberg stated the petitioner's home is located in the CRP-2 Flood Fringe District, and no structures or buildings can be constructed in that district without a special use permit. The property is zoned R-1 Single Family as are all surrounding properties. The existing home and garage were constructed prior to 1949. The petitioner received a special use permit in 1984 to allow for the construction of a 16 x 22 foot addition to this home. The existing home is 1,028 square feet. The existing garage is 250 square feet. The proposed garage is 761 square feet and will replace the existing garage. Ms. Stromberg stated the proposed structure must be designed and certified by a registered engineer or architect as being in compliance with applicable building codes, including federal standards for flooding. The petitioner has submitted all the necessary information needed to meet these requirements, including a certificate of survey and elevations and structural notes on the proposed structure. On this particular property, there can be no living area below 824.27 feet in elevation. The proposed garage slab will be located at 822.9 feet in elevation. A garage is allowed to be below the required elevation for living area because it is uninhabitable space : PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 17 which is non-living space. The foundation, footing, and garage slab have all been engineered to meet FEMA requirements. The garage floor is also designed to drain. The garage slab will be located at 822.9 feet in elevation, the top of the block elevation will be located at 824.3 feet elevation, and the wood garage structure will start above the 824.3-foot elevation. Ms. Stromberg stated the proposed garage meets all setback and lot coverage requirements. The existing garage slab is also located at 822.9 feet in elevation so there shouldn't be any adverse affects to neighboring property owners. City staff recommends approval of the special use permit with stipulations as structures that are not elevated on fill are a permitted special use in the flood fringe district provided that all Federal and State flood proofing regulations and standards are met. Staff recommends that if a special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. The total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 5. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum garage for elevation at 822.9 feet. 6. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. Mr. Kondrick asked if the City has heard from any of the neighbors. Ms. Stromberg replied, no, they have not heard from any of the neighbors. Ms. Savage asked Mr. Malone if he had any problem with any of the stipulations. Mr. Michael Malone, the petitioner, stated he did not. He just had a question regarding Stipulation No. 5. He asked if that meant he needed to get another elevation survey done. Mr. Hickok stated, yes, what this does is verify that the floor is exactly where it is supposed to be elevation-wise on the site. The current survey shows existing elevations and gives benchmarks. Mr. Malone stated his plan was to take the existing siding off the house and redo the siding, since it is going to be attached to the garage, so the whole garage and the house would all match. Mr. Kondrick asked how long that would take. Mr. Malone stated he will re-side as soon as the garage is done. Everything will be done at the same time. He is still waiting for the cement guy and the excavation crew. Ms. Johns asked if his house was stucco. 19 PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 18 Mr. Malone replied, no, the front is stucco and the back is all redwood siding. They are going to replace it all with a vinyl siding that matches the stucco color so the whole house looks to be as one. MOTION by Mr. Saba, 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 CLOSED AT 9:20 P.M. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Special Use Permit, SP #03-08, by Michael Malone with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. The total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 5. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum garage for elevation at 822.9 feet. 6. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING Consideration of a Special Use Permit, SP #03-09, by Michael Wojcik, to construct a second accessory structure (garage), generally located at 109 — 76th way NE MOTION by Mr. Kondrick, 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 OPENED AT 9:21 P.M. Ms. Stromberg stated the petitioner is requesting a special use permit to allow the construction of a 600 square foot second accessory structure in the southeast corner of his double frontage property which is located at 109 — 76�' Way. The building will be used to store recreational vehicles and equipment such as 4-wheelers, snowmobiles, and lawn equipment. Ms. Stromberg stated the property is zoned R-1, Single Family, as are all surrounding properties. It is lacated at the end of 76th Way on a cul-de-sac. East River Road borders the property on the eastern side; therefore, it is a double frontage property and properties with double frontages on both sides need to meet front yard setback requirements for garages and accessory structures located in their rear yards. Ms. Stromberg stated the petitioner has applied for a variance to locate the accessory structure 12 feet from the eastern property line instead of the required 25 feet, and this variance will be heard by the Appeals Commission on May 14. City Code requires a special use permit to allow � PLANNING COMMISSION MEETING, MAY 7, 2003 PAGE 19 accessory structures other than the first accessory structure over 240 square feet. It also requires that the total square footage of accessory structures not exceed 1,400 square feet. The total square footage of the existing garage and the proposed accessory structure is 1,304 square feet. The proposed garage would meet lot coverage requirements. The petitioner is requesting that the hard surface driveway requirement be waived fo� the proposed second accessory structure since the primary use of the structure is going to be for storage. City staff is in support of the petitioner's request. However, if at any time evidence of use of the yard as a driveway is observed, a hard surface driveway will be required. Ms. Stromberg stated the property is full of large, mature trees and this is why the petitioner has signified this area as the proposed location of the structure. It may appear that the owner has two Iots, and that is true as he has just purchased the other lot that has been vacant for many years. He has combined both lots into one and this is his entire properry now. Ms. Stromberg stated City staff recommends approval of this special use permit with stipulations as second accessory structures over 240 square feet are a permitted special use in the R-1 zoned district. If the special use permit is granted, staff recommends the following stipulations be attached: 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 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. Total square footage of all accessory structures shall not exceed 1,400 square feet. 5. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 6. Special use permit approval is dependent upon approval of the petitioner's variance request. Mr. Kondrick asked if any neighbors have voiced opposition or approval of this project. Ms. Stromberg stated she has not heard from any neighbors. Ms. Savage asked Mr. Wojcik if he had any problems with the stipulations. Mr. Michael Wojcik stated he had no problems whatsoever. There is only one way to get in and out of the garage because of the way the trees are situated. He will be rolling 4-wheelers and trailers in and out of there. It is very sandy back there. There is a 26-inch tree about 15 feet in front of the door and it would be pretty tough to get a car back there. He is wondering what they mean by the need for a driveway. Ms. Stromberg stated it is a standard stipulation they put on special use permit requests for accessory structures when the petitioner isn't going to install a driveway. At some time in the future when Mr. Wojcik doesn't own the property, a new owner may want to use that as a parking garage for vehicles, and then a hard surface driveway would be required. Mr. Wojcik stated he is going to use vinyl siding which is a little bit different in texture than the steel siding he has, but it will be same color scheme. 21 PLANNING COMMISSION MEETING, MAY 7. 2003 PAGE 20 MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:30 P.M. MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommending to City Council approval of Special Use Permit, SP #03-09, by Michael Wojcik with the following stipulations: 1. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 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. Total square footage of all accessory structures shall not exceed 1,400 square feet. 5. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 6. Special use permit approval is dependent upon approval of the petitioner's variance request. 4. RECEfVE THE MINUTES OF THE APRIL 15 2003 ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING. MOTION by Ms. Johns, seconded by Mr. Saba, to receive the Minutes of the April 15, 2003, Environmental Quality & Energy Commission Meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE MARCH 6 2003 HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the Minutes of the March 6, 2003, Housing and Redevelopment Authority Meeting. 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 MAY 7, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 9:31 P.M. Respectfully submitted, �, -r�-�- �'� �--x.�u� Denise M. Letendre Recording Secretary � 22 / AGENDA ITEM � CITY COUNCIL MEETING OF MAY 19, 2003 ClTY OF FRIDLEY Date: May 9, 2003 To: William Burns, City Manager ,�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject� Special Use Permit Request, SP #03-08, Michael Malone M-03-62 INTRODUCTION The petitioner, Michael Malone, is seeking a special use permit to construct an attached garage to his home, which is located in the CRP-2, Flood Fringe District. The petitione�'s home is located at 635 Ely Street. No structures or buildings can be constructed in the CRP-2, Flood Fringe District, without first obtaining a special use permit. The proposed structure must be and is designed and certified by a registered engineer as being in compliance with applicable building codes, including federal standards for flooding. PLANNING COMMISSION RECOMMENDATION At the May 7, 2003, Planning Commission meeting, a public hearing was held for SP #03- 08. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-08, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures must not exceed 1,400 square feet. 4. Garage shall be architecturally compatible with existing home and finished with a complementary siding and color scheme. 5. The petitioner shall submit an elevation ce�tificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum garage floor elevation is 822.9 feet. 6. The petitioner shalt flood-proof that garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 23 City of Fridley Land Use Application SP #03-08 May 5, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael Malone 635 Ely Street Fridley MN 55432 Requested Action: To build an attached garage to a home which is located in a Flood Fringe District. Permit is specifically required for structures proposed to be elevated, but not built o� fill. Existing Zoning: R-1 (Single Family Residential) Location: 635 Ely Street Size: 11,000 sq. ft. .25 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Single Family 8� R-1 E: Single Family 8� R-1 S: Single Family & R-1 W: Single Family 8� R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.27.4.D requires a special use permit for structures proposed to be elevated, but not built on fill. Zoning History: 1922 — Lot is platted. Home built prior to 1949. 1959 — Alteration to foundation. 1960 — Entry addition. 1963 — Home addition. 1984 — Home addition. Legal Description of Property: Lots 5-8, Block U, Riverview Heiqhts Public Utilities: Home is connected. Transportation: Ely Street provides access to residence. 24 Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Malone, is requesting a special use permit to construct an attached garage, not elevated on fill, in the Flood Fringe District. SUMMARY OF ANALYSIS City Staff recommends approval of this specia! use permit, with stipulations. Structures that are not elevated on fill are a permitted special use in the flood fringe district provided that all FEMA and State flood-proofing regulations and standards provided in the City Code requirements are met. CITY COUNCIL ACTION/ 60 DAY DATE City Council — May 19, 2003 60 Day — June 2, 2003 (Proposed Location of Garaqe) Staff Report Prepared by: Stacy Stromberg SP #03-08 REQUEST The petitioner, Michael Malone, is seeking a special use permit to construct an attached garage to his home, which is located in the CRP-2, Flood Fringe District. The petitioner's home is located at 635 Ely Street. No structures or buildings can be constructed in the CRP-2, Flood Fringe District, without a special use permit. ANALYSIS The property is located on Ely Street, east of the Mississippi River, with the home being "squared up'' to and fronting on Ely Street. The property is zoned, R-1, Single Family as are all adjacent properties. The existing home and garage were constructed prior to 1949. There have been three additions to the home since 1949, in 1960, 1963, and 1984. The petitioner received a special use permit in 1984 to allow for the construction of a 16 ft. by 22 ft. addition in the flood fringe district. The existing home is 1,028 square feet, the existing single stall garage is 250 square feet, and the proposed garage will be 761 square feet. The existing single stall garage will be removed and replaced with the proposed double stall garage. Existing home and single stall garage City Code states that no buildings or structures can be placed within the CRP-2, Flood Fringe District, unless a special use permit is granted. The proposed structure must be designed and certified by a registered engineer or architect as being in compliance with applicable building codes, including federal standards for flooding. The petitioner has submitted all the necessary information needed to meet these requirements, including a certificate of survey, and the elevations and structural notes on the proposed structure. 25 On this particular property, there can be no living area below 824.27 feet in elevation. The proposed garage slab will be located at 822.9 feet in elevation. A garage is allowed to be below the required elevation for living area because it's uninhabitable (not living space) space. The foundation, footing and garage slab have all been engineered to meet FEMA requirements. The garage floor is also designed to drain. The garage slab will be located at 822.9 feet in elevation, the top of the block elevation will be 824.3 feet, and then the wood garage structure will start above the 824.3 feet elevation. Existing garage and Location of proposed garage The proposed garage addition meets all setback and lot coverage requirements. The existing garage slab is also located at 822.9 feet in elevation, so there shouldn't be any adverse effects to neighboring property owners. City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Homes that are not elevated on fill are a permitted special use in the flood fringe district provided that all Federal and State flood proofing and standards are met. STIPULATIONS Staff recommends approval of this special use permit with the following stipulations. 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 26 5. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum garage floor elevation is 822.9 feet. 6. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 27 ` AGENDA ITEM CITY COUNCIL MEETING OF MAY 19, 2003 CffY OF FRIDLEY Date: May 9, 2003 To: Wiliiam Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subiect: Svecial Use Permit Reauest SP #03-09 Michael Woicik M-03-63 INTRODUCTION The petitioner, Michael Wojcik, is seeking a special use permit to allow the construction of a 600 square foot second accessory structure in the southeast corner of his double frontage lot, which is located at 109 76ih Way. The structure will be used to store recreational vehicles and equipment, such as 4 wheelers, snowmobiles, and lawn equipment. PLANNING COMMISSION RECOMMENDATION At the May 7, 2003, Planning Commission meeting, a public hearing was held for SP #03- 09. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-09, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Staff shall conduct regular inspections of the site. If at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 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. Total square footage of all accessory structures must not exceed 1,400 square feet. 5. The accessory structure shall be architecturally compatible with existing home and finished with a complementary siding and color scheme. 6. Special use permit approval is dependent upon approval of the petitioner's variance request. � City of Fridley Land Use Application SP #03-09 May 7, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael Wojcik 109 76`h Way Fridley MN 55432 Requested Action: Special Use Permit to allow a second accessory structure over 240 square feet. Existing Zoning: R-1 (Single Family Residential) Location: 109 76�h Way Size: 19,175 sq. ft. .44 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: East River Road & ROW 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 permit to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1985 — Lot is platted. 1987 — Home and Garage are built. Legal Description of Property: Lot 7, Block 1, Oak River Estates Public Utilities: Home is connected. Transportation: 76�h Way provides access to the residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Wojcik is seeking a special use permit to allow the construction of a 600 square foot accessory structure in the southeast corner of his property. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided the total square footage of all accessory buildings doesn't exceed 1,400 square feet. The existing three-stall garage is 704 square feet and the proposed accessory structure is 600 square feet. The total of all accessory building, existing and proposed is 1,304 square feet.__ CITY COUNCIL ACTION/ 60 DAY DATE City Council - May 19, 2003 60 Day — June 2, 2003 (Location of Proposed Garaqe) Staff Report Prepared by: Stacy Stromberg S P #03-09 REQUEST The petitioner, Mike Wojcik, is seeking a speciai use permit to allow the construction of a 600 square foot second accessory building in the southeast corner of his double frontage property located at 109 76`h Way. The structure will be used to store recreational vehicles and equipment, such as 4 wheelers, snowmobiles and lawn equipment. ANALYSIS The property is located on and fronts on 76`h Way, at the end of the cul-de-sac. The existing home and garage were constructed in 1987. East River Road borders the property on the eastern side. Therefore, this property is considered to have a double frontage. Properties with frontages on both sides of their lots need to meet front yard setback requirements for garages and accessory structures located in their "rear yard." The petitioner is also applying for a variance to locate the accessory structure within 12 feet of his eastern property line instead of the required 35 feet. Existing home and attached garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing three-stall garage is 704 square feet and the proposed accessory structure is 600 square feet. The total square footage of the existing garage and the proposed accessory structure are a total of 1,304 square feet, which is 96 square feet less than the total allowed by Code. The proposed garage location meets lot coverage requirements. The petitioner is requesting that the hard surface driveway requirements be waived for the proposed � second accessory structure. Since, the primary use of the structure is going to be for storage, City staff would be in support of the petitioner's request. However, if at anytime, evidence of use of the yard as a driveway is observed, a hard surface driveway will be required. City staff hasn't received any comments from neighboring property owners. Proposed Garage Location in southeast corner of the property RECOMMENDATIONS City Staff recommends approval as second accessory structures 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. Staff shall conduct regular inspections of the site. If, at any time, a trail simulating a driveway is present, a hard surface driveway as approved by the City will need to be installed within 90 days. 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. Total square footage of all accessory structures shall not exceed 1,400 square feet. 5. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 6. Special use permit approval is dependent upon approval of the petitioner's variance request. 31 � � ClTY OF FRIDLEY TO: FROM DATE SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MAY 19, 2003 W'illiam W. Burns, City Manager��i' :�� Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director v� , May 13, 2003 Hickory Drive Watermain Replacement Project No. 350 PW03-051 - We have completed the plans for the watermain replacement project for Hickory Drive. A neighborhood meeting is being planned to notify the residents and any other interested parties about the project after the bid opening when we have information on the contractor and schedule. Recommend the City Council accept the plans and authorize advertisement for bids for the Hickory Drive Watermain Replacement Project No. 350. LO/JHH:cz Attachment 32 � - � RESOLUTION NO. - 2003 RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEP�NT FOR BIDS: HICKORY DRIVE WATERMAIN REPLACEMENT PROJECT NO. 350 NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed are hereby ordered to be effected and completed as soon as reasonably possible, to- wit: Street improvements including watermain replacement, grading, stabilized base, hot-mix bituminous pavement, concrete curb and gutter, landscaping, and other facilities located as follows: Hickory Drive 69t'' Way to Hickory Circle That the work involved in said improvements as listed above shall hereafter be designed as: HICECORY DRIVE WATEi'tMAIN REPLACEMENT PROJECT NO. 350 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with City Clerk. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 14 days), and shall specify the work to be done and will state the bids will be opened and considered in the Council Chambers of the Fridley Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5%) of the amount of such bid. That the advertisement for bids for Hickory Drive Watermain Replacement Project No. 350 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19th DAY OF MAY, 2003. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � W i � < a x 1� � .+ � �� _ �. t �o � � , .. NS '� m o I o � � �u '� °m n� � ' N � n f '' 1 W °w �,. I e � � °0 { 1 � I � 0 1 � I � s i 1 •I ' p I ' � o 1 �� a _ � �,.,$ Z °cr ai- w� � ��`di a� W�' � i V �h �j �N � � $i0� � ��f � r� � �H uy� � � I t Z; YI � .. _. � UW a � � � o r� }� � � N � � � m I I � �/ � � � _ " 1 � �f r a 1 -a ; O N� � . . V O ` , / � �� ` _ .,a�� / �� °s � � ��S� � �r� �N � � � �� N � V � a �� A �� N i----- --- --_ . I � , i, . . ----- � a0 � i � o� b Grr�Q t ! . �� W o g � �� u .- �N �� _ , �� r $r e� �� l4W � � �a < 1 � N F x 7o'�S i ° S o "' V� �Oy1 � n, a < <i � .� u°W < a ¢ Wd 8 � I � ! � � � o � : mm i I � a, a Z�o � ' I � � � � i = f F O � � I a ; V Z � xo ; � . N ��, . � � U CC � O ' � : � u - - G r 47 v o Z I I � � ;I:,�I:. � '. �sZ � � 1 5��v�I: i.vii g Y S• 63. � � uv"S V a� �' G F � i F=+--��'� 1 �w �� °� s a�o 1 I Q Y i� n a � N011�niLLSnO� ON3 S2+q �� ` i �1 � � �', $ N � X3 � 1��'�.�i �.♦ � I ' \ 1 1 �� 1, t 1 u`i ; a�0 $�� i �„',j � � : � � 3 i, � ; N , � ` � 0: � L' 0 ! i - It t' `�; ! ° • e G-�__ t � � � J m ! '8 I� � W' n ( .� � � ,� �`� ' � i� � . . j �. � i ` � . �1 � \ f � g � � ,+ ( ` ` � g � {� < (� ��' �1 I ��i .� � � . . . . � . . ' � � ' A t .�Y'-- 1_.� 4�' �S. T--:— +--1� 8 S+� . _�.�� . �. i � �I.I•°O,N 3�� ii i$;j Yr�•` _.�; �� .� i ,i i � � �. . W� .. �I ' I II I Q�� O � i I� �°Q - .�R l . � � �t 1 i�yri�� _i� 3 1 Y . . Ft . . '. . .�� I . .�. � ��Q i� � i ' I t= �o � � �$ 3s� i �+ o� �: ;: � : � i �~� . . . W . . . � . .'. � . N i � �� i: � i � ;� --f: , ,_ -� ~ �` - : : � i , �s. ?- ��" T�- � � o.� , � 7--, � , � � � � ' � �� $ ?� G i , � � '+ •— ; � q � ,, "E'a � � , N � ;� � �� 3Nfq0 Sf+O �__ _--I I N� I; I � \� ND3B a+q �� ' . i Y�� i' i o . . � � i__ _ � W_`1_��0 J J � � �I � � V O � I i j a� �a �� ; ; s , u k" m � W t q � � ��i �,W . � o , . «�� I I I y Ai�31 i I �i��}0 -r I I . . . �8�ju � I � � i . �. SL"�P� I I Y�_ y� £0/tiL/50 '6n^P'91HS tio�!H £t �} >� �� / � CRY OF FRIDLEY ' TO: - FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MAY 19, 2003 �� William W. Burns, City Manager � Jon H. aukaas, Public Works Director Layne Otteson, Assistant Public Works Director May 13, 2003 Award of 2003-1 Street Project PW03-050 On Wednesday, May 14, 2003, at 10:00 a.m. bids were opened for the 2003 Street Improvement Project. Fifteen sets of plans and specifications were sent out and four bids were received. The low bid was received from Hardrives, Inc. of Rogers, MN in the amount of $693,360.41. The bid versus budget breaks down as follows: Street Improvements Storm Sewer Improvements Watermain Replacement Budget �600,000.00 100,000.00 25,000.00 :. $614,392.66 7`7,196.75 1,771.00 Approximately$330,000 will be available from the City's annual State Aid population � allocation for off-system use to offset the street improvement costs. - Recommend the City Council receive the bids and award the 2003 Street Improvement Project No. ST. 2003 - 1, to Hardrives, Inc. of 14475 Quiram Dr., Rogers, MN, in the amount of $693,360.41. LO/JHH:cz Attachments 35 BID FOR PROPOSALS 2003 STREET IMPROVEMENT b1ARIAN HII.,LS PROJECT N0. ST 2003-1 WEDNESDAY, NL�Y 14, 2003,10:00 A.M. � �e. , � u� � ti 'C A��iA -�sr, �,, , 1 - �.' d . ' - . '�A° '� ' �sY�' ., i = . _ . � � �'r.�rc��,°� � �� < . . '�"r��i$o� . .::. ; P�, . �3r� � . �� .�.�n�Err�� = „�9� `°�° Hardrives Inc AIA $693,360.41 14475 Quiram Dr Rogers MN 55374-9461 Park Constcuction Company Western Surety $712,536.72 500 73rd Ave Ste 123 Fridley MN 55432 Midwest Asphalt Corporation AIA $717,792.80 5929 Baker Road Ste 420 Minnetonka MN 55345 Bituminous Roadways Inc USF&C $780,453.85 2825 Cedar Ave S Minneapolis MN 55407 Bergman Companies Inc NO BID P O Box 659 Eau Claire WI 54702 Elk River Concrete Products NO BID 6550 Wedgwood Rd Maple Grove MN 55311-6660 Forest Lake Con�acting Inc NO BID 14777 Lake Drive Forest Lake MN 55025-9461 Knife Lake Concrete NO BID 2026 Rowland Rd Mora MN 55051 Minnesota Pipe & Equipment NO BID 5145 211th Street W Farmington MN 55024 National Waterworks NO BID 15801 W 78th Street Eden Prairie MN 55344 North Valley Inc NO BID 4105 85th Ave N Bldg B Ste 203 Brooklyn Pazk MN 55443 Northwest Asphalt Inc NO BID 1451 Stagecoach Road Shakopee MN 55379 36 BID FOR PROPOSALS 2003 STREET Il��IPROVEMENT MARIAN HII.LS PROJECT 1�T0. ST 2003-1 WEDNESDAY, Mr�iY 14, 2003, 10:00 A.M. 37 � AGENDA ITEM � COUNCIL MEETING OF MAY 19, 2003 Q1Y OF fRIDLEY CLAIMS 111341 -111575 : / � CRY OF FRIDLEY Type of License AGENDA ITEM CITY COUNCIL MEETING OF MAY 19, 2003 LICENSES - CARNIVAL Gold Star Amusements P.O. Box 48057 Coon Rapids, MN 55448 c FOOD South Asian Food 765 53`d Ave NE Fridley, MN 55421 MASSAGE THERAPY Jeremy Gunia 4307 Louisiana Ave N Crystal, MN 55428 � Approved By: Connie Featherston Public Safety Fees: $200 deposit Mehboob Momin Public Safety $45 Fire Inspector Community Development Jeremy Gunia MOTOR VEHICLE BODY REPAIR Beech Street Collision Sayed Asad 7869 Beech St NE Fridley, MN 55432 MUSIC FESTIVAL Fridley `49er Days Festival 6431 University Ave NE Fridley, MN 55432 STREET VENDING Fridley `49er Days Festival 6431 University Ave NE Fridley, MN 55432 Linda Caillier Linda Caillier TEMPORARY 3.2% MALT LIQUOR Fridley Wrestling Boosters Todd Christenson 7800 Pearson Way Fridley, MN 55432 Lions Club of Fridley Hal Hinchliffe P.O. Box 32815 Fridley, MN 55432 39 Public Safety Public Safety Fire Inspector Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Public Safety no fee $150 waived waived $60 waived LICENSES (CONTINUED) Type of License B� Approved Bv: TEMPORARY FOOD Fridley `49er Days Festival 6431 University Ave NE Fridley, MN 55432 TAXICAB Bloomington City Taxi 2535 Stevens Ave Bloomington, MN TOBACCO Wholey Smokes 7879 East River Rd Fridley, MN 55432 Linda Caillier Jama Hersi Public Safety Fire Inspector Community Development Public Safety Paulo Soares Public Safety Fire Inspector Community Development �� Fees: waived $5 $125 0 � k L � City of Fridiey AGENDAITEM City Council Meeting Of Monday, May 19, 2003 Blacktopping Earth Wizards Inc. 1071 Hwy 10 STE 150 Spring Lake Park MN 55432 Electrical Abel Electrical Contractors Inc 17701 149 Ave N Dayton MN 55327-9515 Dymanyk Electric Inc 1915 NE Broadway St NE Minneapolis MN 55413-1758 Rouse Mechanical Inc 7320 Oxford St St Louis Park MN 55426- Excavating Circle B Excavating Inc 9033 Bums Parkway Anoka MN 55303- Johnson 8 Sons Contracting 4550 Central Ave #1424 Columbia Heights MN 55421 Gas Services Care Air Conditioning 8 Heating Inc 1211 Old Hwy 8 NW New Brighton MN 55112- � Stacy Anderson Rebecca DeMers Debra Hrbek Gary Danzeisen Brian Backstrom Steven Johnson Mike Rasmusson 41 Approved Bv: Ron Julkowski Building Officiai State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Cool Air Mechanical Inc 1441 Rice St St Paui MN 55117-3899 DJs Heating 8 Air Cond 6060 LaBeaux Ave NW Buffalo MN 55313- Rouse Mechanical Inc 7320 Oxford St St Louis Park MN 55426- Superior Heating AC � Electric 2132 2 Ave N Anoka MN 55303 General Contractor-Commercial Amcon Construction Co LLC 200 West Hwy 13 Bumsville Mn 55337- Anderson Brent Associates Inc 7610 Hwy 65 NE Fridley MN 55432-3574 Bluebird Construction LLC Box 623 West Fargo ND 5807&0623 First Class Exteriors 10020 Olive St NW Coon Rapids MN 55433- Magney Construction Inc 1401 Park Rd Chanhassen MN 55317- Trung Duong Contractor 661 116 Lane NE Blaine MN 55434- � Charles Worms Judy Bickerstaff Gary Danzeisen Mark Johnson Dennis Comelius Brent Anderson Jay Dunham Scott McCulloch Mark Magney Trung Duong 42 Approved By: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building O�cial � � General Contractor-Residential Americas Best Roofing 8� Siding (20157905) 10303 Lyndale Ave S Jeff Berens Bloomington MN 55420- Ask For Coveralls Remodel/Repair (20075564) 2499 Rice St #150 Joyce Camero Roseville MN 55113- Eastman Brothers (20098635) 23473 Variolite St Nw Richard Eastman Elk River MN 55330- Foss Nathan Construction (20384287) 621 E St NE Nathan Foss Brainerd MN 56401- Osbome Builders (20332034) 5869 Hackmann Ave NE John Osbome Fridley MN 55432 Premier Home Enhancers (20063301) 9707 10 Ave N Chad Cizinsky Plymouth MN 55441- RMA Home Services Inc (20268257) 3200 Cobb Galleria Pkwy STE 200 Kara Benson Atlanta GA 30339- Wiger David J Construction (8392) 901 Rice Creek Ter NE David Wiger Fridley MN 55432 Heatin Care Air Conditioning 8� Heating Inc 1211 Old Hwy 8 NW Mike Rasmusson New Brighton MN 55112- 43 Approved Bv: State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official Cool Air Mechanical Inc 1441 Rice St St Paul MN 55117-3899 DJ's Heating � Air Cond 6060 LaBeaux Ave NW Buffalo MN 55313- Rouse Mechanical Inc 7320 Oxforci St St Louis Park MN 55426- Superior Heating AC 8 Electric 2132 2 Ave N Anoka MN 55303 Masonrv Main Street Developers Inc 31 E Hayden Lake Rd Champlin MN 55316- Plumbinq Cedar Plumbing 2445 Viking Blvd NW Cedar MN 55011 Roto Rooter 99 5 Ave NE New Brighton MN 55112- Rouse Mechanical Inc 7320 Oxford St St Louis Park MN 55426- Valley Plumbing Company Inc 860 QuakerAve Jordan MN 55352- � Charles Worms Judy Bickerstaff Gary Danzeisen Mark Johnson Forrest Elliott Don Erickson Martin Son Gary Danzeisen Dan Morris . . Approved Bv: Ron Julkowski Building Officiai 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 State of MN � Approved By: Walsh Plumbing Inc 9711 6 St NE Dave Walsh Blaine MN 55434-1309 45 State of MN � � GTY OF FRIDLEY AGENDA ITEM CITY CDUNCIL MEETING OF MAY 5, 2003 ESTIMATES Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025-9461 Hartman Circle Watermain Looping Project No. 347 FINAL ESTIMATE ................................................ CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 ...................... $ 29,450.33 Municipal Garage Expansion Project No. 343 EstimateNo. 6 ....................................................................................... $ 70,296.20 �� CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 643 t University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor and City Cotmcil City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: May l3, 2003 CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Hartman Watermain Looping Project No. 347, for Forest Lake Contracting, 14777 Lake Drive, Forest Lake MN 55025-9461. We have viewed the work under contract for the construction of Hartman Watermain Looping Project No. 347 and find tbat tbe same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on May 14, 2003. Respectfully submitted, Jon H. Haukaas Director of Public Works cz Prepared by: Checked by: 47 May 13, 2003 To: Public Worlcs Di.rector City of Fridley REPORT ON F1NAL 1NSPECTION FOR CITY OF FRIDLEY HARTMAN WATERMAIN LOOPING PROJECT NO. 347 We, tbe undersigned, have inspected tbe above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specificarions of ihe project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being May 14, 2003. Layne Otteson, Assistant Public Works Director Contracwr Representative, (Title) . • May 13, 2003 City of Fridley HARTMAN WATERMAIN LOOPING PROJECT NO. 347 CERTIFICATE OF CONTRACTOR This is to certify that items of the w•ork shown in the statement of work certified herein have been actually furnished and done for the above-mentinned projects in accordance with the plans and spec�cations heretofore approved. The fmal contract cost is $174,607.19 and the final payment of $29,450.33 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. 1 declare under the penalties of perjury that this statement is just and correct. Forest Lake Contracting 0 . • May 13, 2003 City of Fridley HARTMAN WATERMAIN LOOPING PROJECT NO. 347 PREVAILING WAGE VERIFICATION This is to certify that Forest Lake Contracting has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declaze under the penalties of perjury that this statement is just and correct. Forest Lake Contracting 50 FRUM: City of Fndley Engineering Di�ti,ion TO: Honorable Mayor and City Council City of Fridley 643t University A�re.:YL Fridley, MI` 55432 Dated: Mayi9,2W3 Ct7"Y OF CRIDLLY PLBLIC WURKS DEPARTM�v"T fi431 L'�iIVERSITY AVC'�TU� N.E. FRIDLEY, MIN�iESOTA 55432 Lstimate No, Final Pericxi Ending: May 13, 2003 For: I�orest Lake Con�racting, Inc. 14777 Lake Drive f ore�K L;ike 1�1:1 55025-9461 I•IART�tAN CIRCLC WATERMAIN LOOPfNG, PRO.tEC'f �10. 347 Job Code: 601-6(x1U-415-4530-6057 S?ATEM�NT OF WORK Qu:►ntiry Cost Total Total Estimatc:d Unit This This Quantity Cost Contract Item ntit linit Price Estimate Estimate To Date To Date Mobiliz.ztion 1.W LS 12,000.0U O.OU O.IX) 1.00 12,OOO.W Remove Cancrete Curb and Gutter 345.00 LF 4.00 0.00 0.00 395.00 1,580.00 Remove Bituminons Pavement 1,920.04 SY 5.00 0.00 0.00 1,989.4U 9,947.U4 Saw Cuc Dituminou� Pavement 230.00 LF 4.00 O.QO 0.00 529.00 2,11b.00 Cominon Excavation (E�') 396.00 CY 16.OU OAO O.W 420.00 6.720.00 Subgrade Preparation 4.00 Sta 4UO.U0 U.00 0.00 4.IX) 1,60U.00 F&1 A�regate Base - Class 5{ 100"/o Grashed) 777.00 Ton 17.00 0.00 0.00 735.57 12,504.69 Nlill Bituminous Surface (iS" Depth) 3U.W SY 7.OD U.OU O.tx) 30.00 21U.W C&1 Type 41 A Wearing Course Mixture (w/oil) lU7.U0 ?on 8Q.00 0.00 0.00 107.00 R,Sfi0.G0 F&1 Type 31 Base Course biixture (w/oil) 270.(l� Ton 70.00 0.00 0.00 27U.W 18,90().00 F&I Bitwninous Mixture for Tack Coat �.W Gal 4.OU 0.00 O.IX) 120.U0 48U.W F&I Conccete Curb and Gutter - Design B618 275.00 LF 18.OU O.W O.W 332.00 5.976.00 F&] Concrete Curi� aud Gutter - Design B624 30.00 LF 21.UQ U.W 0.00 0.00 U.Ob Remove and Replace 2" Bit Driveway or Path 80.0O Sy 25.00 0.00 0.00 32.00 800.00 Traffic Control 1.00 LS 15,0OO.OU O.UO U.00 1.00 15,000.00 Crosion Control 1.00 LS 1,000.00 0.O0 0.00 0.00 0.00 F&1 Sod Type Lawn (inci�ding 4in. Tapsoil) 33Q.00 SY 6.00 0.00 OAO 364.00 2,184.U0 F&I Top Soil, Seed & Muich 1W.W SY 6.OU O.OU O.W O.UO U.00 C&17'arf Blanket wic6 Seed 50.00 SY 6.00 0.00 0.00 80.00 4RO.W Remove Existing Hydrant & GV 2.00 EA 2,OU0.00 0.00 O.QO 2.OU 4,UOO.OQ Remove Exisring Watermain 4()4.0() LF 7.U0 O.bO 0.00 417.00 2,919.00 F&I C>" DIP CL 52 w/8 mil Poly Wnp 719.00 LF 40.OU 0.00 U.W 722.00 28,380.00 F8c18" D1P CL 52 w/8 mil Poty Wrep 50.00 LF 40.00 U.W 0.00 16.(Xl 64U.00 F&I 6" Gate Valve w/Box 3.00 EA 2,000.00 0.00 0.00 3.00 6,000.00 F&I 8" Gate Valve w/Boz 3.00 EA 1,500.�0 U.W OAO 1.00 1.500.0U T&I 8" x 6" Tee 2.00 EA 250.00 0.00 0.00 2.Ob SU0.00 Instai! Hydrant & Vabe Assembly 2.00 EA 2,OU0.00 0.00 0.00 2.OU 4,UOQ.Ub Connc:ct to Existing Watermain S.W EA 300.OU 0.00 O.W 5.00 1,500.00 Adjiut Gate Valve b.00 EA 300.OU O.UO U.00 6.00 1,800.00 Ad'ust Frame Rin and Castin 4.00 EA 4UO.U0 U.W O.UO 5.(xl 2,OOU.00 51 forest Lakn Contracdng, (nc. Estim:rte No. Final Page 2 Quantity Cost Total Tocal Cstimated C;nit This Thic Quantity Cost Contract item puantit Lnit Price Estimate Estim:ite To Date To Datc Change Order i F&I Type 41A Wearing Course 39.24 T:Y 80.00 39.24 3,13<I.20 39.24 3,139.20 F&I Type 31 Base Course 129.29 T:V 7U.OU 129.29 9,USQ.3U 129.90 9.OSU.3U Additional trat�c con�rol req'd per county LO0 LS 325.00 1.00 325.00 1.00 325.00 Irrigation repair (w 101 Hartman Circle I.UO GS 38 L00 I.00 38 L(� 1.00 38 L00 Re.piace inoperable 6" gate valve on ERR 3.00 EA 2,OQU.OU 3.OU 6,OAO.OQ 3.00 6.00U.UU Watem�ain fittin *s re ired 1.00 LS 2,915.00 1.00 2,915.00 i.UO � 915.00 �ursiviEU, TOTAL SUMMARY: Qriginat Contrdct Amount Contract addi6ons: (Change Urder No. I) Contract deductions: Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMUU�IT DUE TI11S ESTIMATE CERTIFICATE UF T1�IE CO�ITRACTOR $157,203.00 21,810.SU 179,013.50 174,fi�7.19 4.U0 145,156.86 $29.45U.33 az►.siu.su I l�ereby certify that the work performed and the materiais supplied to date under the tenns of die contract for this project, and all authorized changes thereto, ha�e an actual walue under che contaact of the amoun[s shown on this esKimace (and the final quanaties on the final estimate aze cornect), and that this enimate is ji�st and correct and no part of the "amount due this estimate" has been received. By Contractots Authorized R�presenrative (Title) C�RTIPICATE Of 'TH� �NGIN�ER Date I hereby certify tl�at I have prepazed or e.�camined tlus estimate, and that the contractor is entitled to payment of this estimate under the contract for reference projecL CTTY UF FR7DI.EY, RVSPECTOR By Checked By Date 52 Respectfully Submitted, Jon Ei. Haukaas, P� Public Works Director $174,607.19 / AGENDA ITEM � CITY COUNCIL MEETING OF MAY 19, 2003 CiTY OF FRIDLEY Date: May 13, 2003 To: William Burns, City Manager�� t� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-07, RJ Ryan Construction Company M-03-62 INTRODUCTION The petitioner, RJ Ryan Construction Company, who is representing Frattalone Excavating and Grading, Inc., is seeking a special use permit to allow a rock crushing and recycling facility on the northern 325 feet of the property located at 8170 Hickory Street. Dahlke Trailer Sales will occupy the southern portion of the property. PLANNING COMMISSION RECOMMENDATION At the April 16, 2003, Planning Commission meeting, a public hearing was held for SP #03-07. After receiving public comment from the Springbrook Foundation, the Planning Commission recommended tabling this item to allow staff additional time to review and analyze stipulations that were presented by Malcolm Mitchell, President of the Springbrook Foundation. Attached is staff s review and response to each of the Foundation's inquiries. THE MOTION CARRIED UNANIMOUSLY. At the May 7, 2003, Planning Commission meeting, another public hearing was held for SP #03-07. After receiving public comment and discussion, the Planning Commission recommended approval of special use permit #03-07, with the stipulations as presented. THE MOTION CARRIED BY A 5 TO 2 VOTE. The two Commissioners that voted against the request were in favor of the proposed project however they wanted the last stipulation to state that when the special use permit was reviewed in one year, a public hearing would also be held. 53 PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission to approve the special use permit with the stipulations as presented. STIPULATIONS 1. Hours and days of the rock crushing operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 2. Cn.�shing shall occur 72 days a year, with not more than 36 days being during the months of May through September. 3. Each year, the petitioner shall provide the City with a tentative calendar in which the weeks of crushing will occur; a one-week notification is required to modify the calendar. 4. The maximum height of all stockpiles shall not exceed 15 feet. 5. The final landscape and screening plan shall meet code requirements and be reviewed and approved by City staff prior to issuance of a building permit. 6. An 8 foot screening fence shall be installed on the west, north and east perimeters of the site and shall be properly maintained. 7. A storm pond maintenance agreement shall be filed with the City prior to commencement of operation. 8. Drive aisle to be paved and concrete curbing installed as indicated on site plan. 9. Crushing of limestone shall be prohibited. 10. Water service and use shall be through a permanently installed water meter. 11. The petitioner shall obtain a NPDES industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency prior to commencement of operation. 12. All State and City regulations shall be met for noise, dust and air quality. 13. Noise level shall not exceed 80 decibels at the property line. 14. Truck traffic shall be routed on 81 � Avenue to and from University Avenue. 15. Site to be watered as needed to keep dust down. 16. All loads to be watered when leaving the site and streets to be cleaned daily if necessary. 17. Special use permit shall be reviewed in one year to ensure compatibility. � ��.�� i` : . COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Memorandum DATE: TO: April 30, 2003 The Planning Commission FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Special Use Permit Request #03-07, RJ Ryan Construction Company As you will recall, at the April 16, 2003, Planning Commission meeting, special use permit #03-07, was tabled to allow staff additional time to review and analyze the stipulations that were presented by Malcolm Mitchell, President of the Springbrook foundation. Upon review and meeting with Frank Frattalone, CEO of Frattalone Excavating, the following are the changes and responses to those suggested stipulation changes: Springbrook Foundation Recommends: Stipulation #2 change to read: "Crushing shall occur no more than 60 days a year, with not more than 20 days being during the months of May through September." Staff's Response: Staff has changed the stipulation to read "Crushing shall occur no more than 72 days a year, with not more than 36 days being during the months of May through September." The crushing operation will be allowed Monday through Saturday which is a six day w�ek, thus the 72 days and the 36 days. The stipulation was changed to reflect days versus weeks as requested by the Springbrook Foundation. However, the petitioner has stressed the necessity of additional time during the months of May through September and has requested an additional 12 days. After thoroughly reviewing the request and understanding that summer months are when most construction takes place, staff agreed to change the stipulation. Springbrook Foundation Recommends: Stipulation #4 change to read: "The maximum height of any stockpile shall never exceed 15 feet." Staff's Response: The change to this stipulation would require the addition of the word "never." When City staff words stipulations, we look at them from an enforcement perspective. Staff is aware that occasionally the pile (or a portion ofl may exceed the 15 feet requirement; however, the petitioner will be required to ensure that the pile doesn't exceed 15 feet at the end of a shift or the end of the 55 c�ushing day. We have to be reasonable in our enforcement and the wording of the existing stipulation is sufficient. Springbrook Foundation Recommends: Stipulation #10 add a clause that stipulates the minimum total gallons per minute of water flow required to settle the dust during operation. Staff's Response: There isn't a magic number to determine the minimum total gallons of water required to settle dust during the crushing operation. The amount of water used to settle the dust is dependent upon the type and moisture of the material being c�ushed as well as the weather. Frattalone has indicated that their experience has proven that different days, with different atmosphere conditions will require different watering techniques and volumes. They have committed to controlling dust and understand the danger to their special use permit and existence on the site if they do not do so. Staff recommends that we leave the volume of water and watering techniques to them, and simply monitor to assure dust control success. Springbrook Foundation Recommends: Stipulation #11 change to read: The petitioner shall obtain all the necessary permits and approvals that are required by the Minnesota Pollution Control Agency. This may include, but not be limited to, an NPDES permit, a certification of a condition of no exposure, a stormwater phase 1 or phase 2 permit, air emission permit regarding particulates, Environmental Assessment Worksheet, etc." Staff's Response: City staff had contacted the Minnesota Pollution Control Agency prior to the report you received before the April 16, 2003 Planning Commission meeting. An environmental assessment worksheet (EAW) is not required, as it doesn't meet the criteria. Frattalone Excavating and Grading Inc., has an air emission permit from the MPCA, which authorizes the construction, modification, and operation of nonmetallic mineral processing. A stormwater phase 2 permit is incorporated with an NPDES permit for construction and industrial activities, if the MPCA deems that the project requires one. Staff would recommend leaving the stipulation as it is worded, as it puts the responsibility on the petitioner to work with the MPCA to get an NPDES permit or a certification of a condition of no exposure prior to commencement of operation. Springbrook Foundation Recommends: Stipulation #13 change to read: "Noise level shall comply totally with the Fridley noise ordinance, including the decibel measurements and the location at which the measurements are to be taken, provided that the noise levels shall not exceed 66 decibels at the north boundary." Staff's Response: City Code requires that noise in the industrial districts cannot exceed 80 decibels at the property line. In response to the Foundation's concerr�, the petitioner intends to move the crushing equipment an additional 80 feet from the northern property line. So, the equipment will be placed around 180 feet from the northern property line, which is 669 feet from the nearest trail in the Springbrook Nature Center. Springbrook Foundation Inquire: Stipulation #17: What does "ensure compatibility" mean? Compatibility with what? 56 Staff's Response: The purpose of staff's broad wording is to ensure that the stipulations are being adhered to and that neighboring property owners aren't negatively impacted as a result of granting this special use permit. Springbrook Foundation Recommends: Add Stipulation #18: "The petitioner shall determine and document the pH of the creeks/streams into which runoff water from the property will enter. This shall include any cyclical variations in pH that may occur on a daily, weekly, monthly, seasonal or other basis. The runoff and/or discharge from the petitioner's property shall be maintained with a pH range of 6.5 — 8.5, as measured 20 feet downstream of the discharge point." Staff's Response: Jon Haukaas, Public Works Director submitted this statement regarding this proposed stipulation addition: • I don't believe there is any basis to support the stipulation requiring monitoring the pH associated with the storm water runoff from a rock and concrete crushing facility. I cannot find anything from the MPCA relating to this issue. While I can understand the concerns in this area, without sound reasoning and information to benchmark against or technical data showing what the limits should be, I don't see how we can justify a requirement like that. � The second issue is the enforcement. Again, without some kind of limits to measure against, what do we enforce? Also, who does the monitoring, testing, reporting, etc? What is the penalty? Without answers to these questions and hard evidence to back it up, we do not have any business trying to impose these requirements on any facility. Therefore, staff would not recommend adding this stipulation. Springbrook Foundation Recommends: Add Stipulation #19: "The petitioner shall furnish sound measuring equipment to the Springbrook Nature Center as follows: 1 portable battery-operated decibel meter with a capacity to document sound level readings over at least a 24 hour period and sufficiently accurate and sensitive to determine compliance with the City of Fridley ordinance that specifies sound levels. If and when either portable device has operational difficulties that would render it unable to meet the above requirements at any time in the future, the petitioner shall provide a fully operational portable device of equal or greater functionality within a short period of time, meaning days, not weeks." Staff's Response: The intent of the Foundation's request is clear; however, it is illegal, inappropriate, and unethical to request money or goods from a petitioner as a condition of approval of a land use request. STIPULATIONS The following are the stipulations staff recommends if the special use permit is granted. 1. Hours and days of the rock crushing operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 2. Crushing shall occur 72 days a year, with not more than 36 days being during the months of May through September. 57 3. Each year, the petitioner shall provide the City with a tentative calendarin which the weeks of crushing will occur; a ane-week notification is required to modify the calendar. 4. The maximum height of all stockpiles shall not exceed 15 feet. 5. The final landscape and screening plan shall meet code requirements and be reviewed and approved by City staff prior to issuance of a building permit. 6. An 8 foot screening fence shall be installed on the west, north and east perimeters of the site and shall be properly maintained. 7. A storm pond maintenance agreement shall be filed with the City prior to commencement of operation. 8. Drive aisle to be paved and concrete curbing installed as indicated on site plan. 9. Crushing of limestone shall be prohibited. 10. Water service and use shall be through a permanently installed water meter. 11. The petitioner shall obtain a NPDES industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency prior to commencement of operation. 12. All State and City regulations shall be met for noise, dust and air quality. 13. Noise level shall not exceed 80 decibels at the property line. 14. Truck traffic shall be routed on 81St Avenue to and from University Avenue. 15. Site to be watered as needed to keep dust down. 16. All loads to be watered when leaving the site and streets to be cleaned daily if necessary. 17. Special use permit shall be reviewed in one year to ensure compatibility. : City of Fridley Land Use Application SP #03-07 April 16, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: RJ Ryan Construction Inc. 1100 Mendota Heights Mendota Heights MN 55120 Requested Action: Special Use Permit to allow a rock crushing facility in M-3, Heavy Industrial, Outdoor Intensive District. Existing Zoning: M-3 (Heavy Industrial, Outdoor Intensive District) Location: 8170 Hickory Street Size: 819,290 sq. ft. 18.80 acres Existing Land Use: Vacant Surrounding Land Use & Zoning: N: Vacant & M-3 E: ANR Freight System & M-3 S: Park Construction & M-3 W: Railroad Tracks & RR Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.19.02.C.2 requires a special use permit to allow rock crushing. Zoning History: 1965 — Lot is platted. 1968 — Building is constructed. Legal Description of Property: See attached survev. Public Utilities: Utilities are available in the street. Transportation: Hickory Street would provide access to the site. Physical Characteristics: Grass and tree covered, relatively flat. 5 SUMMARY OF PROJECT The petitioner, RJ Ryan Construction Inc., who is representing Frattalone Excavating, is seeking a special use permit to allow a rock crushing and recycling facility at 8170 Hickory Street. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Rock crushing facilities are a permitted special use in the M-3, Outdoor Intensive Heavy Industrial zoning district. CITY COUNCIL ACTION/ 60 DAY DATE City Council —April 28, 2003 60 Day — May 12, 2003 Existing Property Staff Report Prepared by: Stacy Stromberg SP #03-07 REQUEST The petitioner, RJ Ryan Construction Company, who is representing Frattalone Excavating and Grading, Inc., is seeking a special use permit to allow a rock crushing and recycling facility on the no�thern 325 feet of the property located at 8170 Hickory Street. Dahlke Trailer Sales Company will occupy the southern portion of the property. ANALYSIS The subject property is located on Hickory Street and is vacant and has never been developed. The property is zoned M-3, Outdoor Intensive Heavy Industrial. The properties to the north, east and south are also zoned M-3, Outdoor Intensive Heavy Industrial. To the direct west of the property are the railroad tracks and the property beyond the railroad tracks is zoned M-1, Light Industrial and M-4, Manufacturing only. Existing Property In late 1992, the M-3, Outdoor Intensive Heavy Industrial zoning district was created and approved by the City Council with little discussion. The intent of this new industrial district was to control the location of outdoor intensive uses to assure compatibility with adjacent uses. The purpose was to allow the location of trucking terminals and intensive outdoor uses, such as crushing and recycling facilities. The properties in which the M-3 zoning applied to are generally located between 79th and 83'� Avenues, the Railroad and Main Street. .1 The crushing operation will be 489 feet from the nearest trail in Springbrook Nature Center and 745 feet from the nearest single-family home. The closest neighbors are industrial properties. City Code allows the operation of a rock crushing facility with a special use permit in the M- 3, Outdoor Intensive Heavy Industrial zoning district. As stated abvve, the petitioner is requesting to allow the location of a rock crushing and recycling operation on the northern 325 feet of the property located at 8170 Hickory Street. A rock crushing and recycling operation involves taking used concrete and asphalt materials and recycling it into high quality Class 5 or Class 6 gravel base product. Left Photo - Raw material Right Photo — Pile on the right is the finished product, Pile on the left is scrap metal pulled from the raw material to be recycled. Noise —In order to p�epare for this request, staff conducted an on-site inspection of Frattalone's rock crushing operation. The equipment staff viewed and heard will be the same equipment that is used on the proposed site. The decibel levels given to staff by Mr. Frattalone in his narrative are the same numbers staff witnessed on the inspection. When we were sitting in a vehicle with the windows shut, 200 feet from the equipment, the decibel level is around 54. When we opened the windows the decibel level went up to around 70. At 100 feet from the equipment, the level with the windows closed was still around 54 and with the windows open it went up to around 75. With the windows open, 50 feet from the equipment, the decibel level was at 76. The City's noise ordinance states that noise in the industrial districts cannot exceed 80 decibels at the property line. 61 � Rock Crushing Equipment Dust/Dirt — Frattalone Excavating has a permit from the Minnesota Pollution Control Agency for dust control. They have an air emissions permit, which authorizes the construction, modification and operation of nonmetallic mineral processing. When staff conducted their site visit we also observed how the dust operation is controlled. Throughout the rock crushing process there are several water sprinkling devices that keep the material wet, which aides in reducing the dust level. As a result there is minimal dust created from the machine and process. To prepare for operation on this site, Frattalone Excavating will be required to pave their driveway and install curbing. They will also be required to sweep and clean the streets daily or more if necessary to rid the street of any dirt and debris. City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations as the stipulations on this request should reduce any adverse effects experienced by neighboring property owners. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Hours and Days of the rock crushing operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 2. Crushing shall occur 72 days a year, with not more than 36 days being during the months of May through September. 3. Each year, the petitioner shall provide the City with a tentative calendar in which the weeks of crushing will occur, a one-week notification is required to modify the calendar. 4. The maximum height of all stockpiles shall not exceed 15 feet. 5. The final landscape and screening plan shall meet code requirements and be reviewed and approved by City staff prior to issuance of a building permit. 62 6. An 8 foot screening fence shall be installed on the west, north and east perimeters of the site and shall be properly maintained. 7. A storm pond maintenance agreement shall be filed with the City prior to commencement of operation. 8. Drive aisle to be paved and concrete curbing installed as indicated on site plan. 9. Crushing of limestone shall be prohibited. 10. Water service and use shall be through a permanently installed water meter. 11. The petitioner shall obtain a NPDES industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency. 12. All State and City regulations shall be met for noise, dust and air quality. 13. Noise level shall not exceed 80 decibels at the property line. 14. Truck traffic shall be routed on 81 � Avenue to and from University Avenue. 15. Site to be watered as needed to keep dust down. 16. All loads to be watered when leaving the site and streets to be cleaned daily if necessary. 17. Special use permit shall be reviewed in one year to ensure compatibility. 63 � � � � AGENDA ITEM rn�roF CITY COUNCIL MEETING OF MAY 19, 200� FRIDLEY INFORMAL STATUS REPORTS �, . .� •-�- � /. , _ -r 1 move to authorize City of Fridley staff, through legal counsel, to negotiate with Housing Preservation Project and Brandes Place Limited Partnership, in accord with Rule 114. Further, I move to authorize City of Fridley staff, as part of said negotiations, to issue the three zoning requests made by Brandes Place Limited Partnership with the stipulations as presented to the Fridley City Council on October 14, 2002. Finally, 1 move that any negotiated settlement be presented to the Fridley City Council for approval. � (� -�'1 U ✓l � � � h Ce, �L� �� ' d` PJ �-� - t� P, , S � , °� � �,c1` p� g . w- � �