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OFFICIAL CITY COUNCIL AGENDA
CITY COUNCIL MEETING
APRIL 12, 2004
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FRIdLEY
FRIDLEY CITY COUNCIL MEETING
OF APRIL 12, 2004
7:30 p.m. — City Council Chambers
Attendance Sheet
Please �rint name address and item number vou are interested in.
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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF APRIL 12, 2004
7:30 p.m. — City Council Chambers
Attendance Sheet
Please nrint name, address and item number vou are interested in
' Print Name (Clearly) Address Item No. '
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FRIDLEY
4
CITY COUNCIL MEETING OF APRIL 12, 2004
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The City of Fridley will not discriminate against or harass anyone in the admission'' or access to; or
` treatment, or employment in its services, programs, or activities because of race, color; creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or'status with regard to public
_ assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
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PLEDGE OF ALLEGIANCE.
BOARD OF REVIEW MEETING
Board of Review ................................................. ..............:........ 1
CITY COUNCIL MEETING
PRESENTATION:
Appreciation Plaque to Richard Young�for his Years of Service
on the Parks and Recreation Commission. '
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 29, 2004
FRIDLEY CITY COUNCIL_MEETING OF ApgIL 12, 2004 R� PAGE Z
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS: �
1.
�.
Second Reading of an Ordinance Amending Fridley
City Code, Section 205.07, R-1, Single Family Dwelling ,;
District Regulations, and Section`205.08, R-2, Two �
`Family Dwelling District Regulatians, and Section 205A9, �
t
R-3, General Multiple Dwelling District Regulations, �
Related to Accessory Uses (Zoning Text Amendment, �
ZTA#04-01) .. ......... ........... .... .... .. ........ ............ .. ..... ..........................
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2. Second Reading of an Ordinance Under
Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and
Authorizing the Sale Thereof, Generally
located at the Northwest Comer of Ely
. 2=6
Street and Ashton Avenue ... .................................. .............................. . 7- 8
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NEW BUSINESS:
3. Motion to Thank Mr. Donald Savelkoul for his Generous
$2,000 Donation to the City of Fridley and Authorize Staff
to Utilize $2,000 from the City's Fund Balance to Sup�ort
the Nature Center's Current Year Operating Budget +` ......................................... 9-11
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4. Approve Liquor License Renewals
..................... ' .......................................... 12 -13
5. Appointment — City Employee ............................................................................. 14
:
FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2004 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
6. Claims ....................................................................................................... 15
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7. Licenses -
.................................................................................................... . 16
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
■ �
' PUBLIC HEARING:
.
8. Consideration of an Ordinance Amending
Section 7.02, Power of Taxation, of the Fridley
CityCharter .............................................:......................................................... 30 - 36
FRIDLEY CITY COUNCIL MEETING OF APRIL 12. 2004 PAGE 4
OLD BUSINESS:
9. Motion to Remove the First Reading of an Ordinance
to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts
(Rezoning Request, ZOA #04-01, by John DeMello,
Profitmax, Inc.,) and Preliminary Plat Request,
PS #04-01, by John DeMello, Profitmax, Inc., from
the Table
and
Resolution of the City of Fridley Denying the
Application of John DeMello, Profitmax, Inc., by
or on Behalf of Spring Valley Estates for the
Rezoning of Certain Property to S-2 and Requesting
the Replatting of that same Property for the Creation
of a High Density Condominium Development .................................................. 37 - 40
NEW BUSINESS:
10. Informal Status Reports ..................................................................................... 41
ADJOURN.
.
THE MINUTES OF THE
FRIDLEY CITY COUNCIL
MEETING OF MARCH 29, 2004
CITY OF FRIDLEY
CITY COUNCIL MEETING MINUTES
MARCH 29, 2004
The regular meeting of the Fridley City Council was called to order by Mayor Lund at
7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember
Billings, Councilmember Wolfe, and Councilmember
Bolkcom.
MEMBERS ABSENT: None
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 23, 2004.
City Council Meeting of March 8, 2004.
APPROVED.
OLD BUSINESS:
1. Ordinance No. 1191 amending Chapter 402, Water and Sewer
Administration of the Fridley City Code (Tabled March 8, 2004).
Mr. Burns, City Manager, explained the amendment includes three main changes:
` a. It provides that the property owner is responsible for the portion of the water
and sewer services that lies befinreen the property line and the main.
b. It replaces water meter purchases by a new customer with a set-up fee.
c. It establishes that the City will install an Automated Meter Reading device for
customers who have neglected to send in their meter readings for four
consecutive quarters. If we are not permitted in the house to install the new
meter, the property owner will be assessed a$50/month penalty until such
time as we are permitted entry.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 2
Staff recommends approval of the second and final reading.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1192 ON THE SECOND
READING AND ORDERED PUBLICATION.
2. Special Use Permit Request, SP #04-02 by Kevin and Paulette Holman to
construct a detached garage in the rear yard which is located in a Flood
Fringe District, generally located at 571 — 79t" Way NE (Ward 3).
Mr. Burns, City Manager, explained that there had been some question regarding
the minutes for this particular matter. Motions will be made later in the meeting
to address those issues.
THIS ITEM WAS REMOVED FOR THE COUNCIL MEETING AGENDA.
3. Resolution 2004-26 rescheduling a public hearing to amend Section 7.02 of
the Fridley City Charter by Ordinance.
Mr. Burns, City Manager, said the public hearing notice for this item was not
posted as required by law. Staff recommends that the public hearing be
rescheduled for April 12, 2004.
ADOPTED RESOLUTION NO. 2004-26.
NEW BUSINESS:
4. Receive the minutes of the Planning Commission meeting of March 3, 2004.
RECEIVED.
5. Special Use Permit Request, SP #04-03, by Menard Inc., to allow for the
relocation of their yard entrance, generally located at 5351 Central Avenue
NE (Ward 1).
Mr. Burns, City Manager, explained that Menards would like to move their yard entrance
from the south side to the north side of their building. The action before the Council is
to replace a Special Use Permit granted in 1996. The Planning Commission approved
the new Special Use Permit at their March 3 meeting. Staff recommends Council's
approval with 18 stipulations.
APPROVED SPECIAL USE PERMIT REQUEST, SP #04-03, BY MENARD INC.,
WITH THE FOLLOWING EIGHTEEN STIPULATIONS: 1. PROPOSED ENTRANCE
BUILDING SHALL COMPLY WITH ALL STATE BUILDING AND FIRE CODE
REQUIREMENTS; 2. FENCE INSTALLED BETWEEN THE MENARDS BUILDING
AND THE SKYWOOD MALL SHALL HAVE A GATE INSTALLED AND MEET THE
FRIDLEY CITY CODE CHAPTER 108.11.3; 3. THE PETITIONER SHALL OBTAIN
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29. 2004 PAGE 3
ANY REQUIRED PERMITS PRIOR TO THE START OF CONSTRUCTION; 4. THE
PETITIONER SHALL MEET ACESSIBLE PARKING REQUIREMENTS AND
IDENTIFY STALLS; 5. THE PROPOSED ENTRANCE BUILDING SHALL BE
ARCHITECTURALLY COMPATIBLE WITH THE EXISTING MENARD'S BUILDING
AND FINISHED WITH COMPLEMENTARY SIDING AND COLOR SCHEME; 6.
PROPOSED LANDSCAPING ALONG THE NORTHERN PROPERTY LINE SHALL
BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A
BUILDING PERMIT; 7. ALL LIGHT FIXTURES SHALL BE OF A DOWNCAST
DESIGN AND SHALL NOT CREATE A HORIZONTAL GLARE; 8. NO MATERIALS
SHALL BE SOTRED IN A MANNER THAT ALLOWS THEM TO BE VIEWED FROM A
VANTAGE POINT OUTSIDE THE FENCED AREA OR VIEWED FROM THE PUBLIC
RIGHT-OF-WAY; 9. THE FENCE ENCLOSURE SHALL BE PROPERLY
MAINTAINED AND KEPT IN GOO DREPAIR; 10. THERE SHALL BE NO OUTDOOR
SALES OF FERTILIZER, PESTICIDES, OR OTHER POTENTIAL POLLUTANTS; 11.
EMERGENCY ACCESS KNOCK DOWN PANELS SHALL BE INCORPORATED INTO
THE REAR YARD AREA FOR EMERGENCY PURPOSES; 12. ALL EMERGENCY
ACCESS ROUTES SHALL BE KEPT FREE FROM MATERIALS, DISPLAY AND
CLUTTER THAT WILL BLOCK OR DETER THE SAFE PASSAGE OF EMERGENCY
VEHICLES; 13. ALL INTERCOM DEVICES SHALL BE UTILIZED IN A MANNER AND
AT A VOLUME THAT DOES NOT NEGATIVELY IMPACT ADJACENT PROPERTIES;
14. ACCESS INTO AND OUT OF THE STORAGE AREA SHALL BE CLEARLY
MARKED FOR CUSTOMER CLARITY; 15. THE PROPERTY SHALL BE KEPT FREE
OF ALL DEBRIS; 16. OUTDOOR STORAGE SHALL BE LIMITED TO LUMBER AND
ASSOCIATED BUILDING MATERIALS. ANY SALES OF RECREATIONAL
VEHICLES, BOATS, MARINE EQUIPMENT AND MANUFACTURED HOMES SHALL
REQUIRE OFFICIAL REVIEW BY CITY STAFF, THE PLANNING COMMISSION AND
APPROVAL BY THE CITY COUNCIL; 17. ALL LANDSCAPING SHALL HAVE
IRRIGATION INSTALLED; 18. UPON RENOVATION OF THE SKYWOOD MALL, ALL
CONSTRUCTION DUMPSTERS SHALL BE REMOVED FROM THE SITE.
6. Receive bids and award contract for the 2004 Street Improvement Project
No. ST. 2004-1.
Mr. Burns, City Manager, stated bids for this project were accepted on March 24, 2004.
The low bidder was Northwest Asphalt of Shakopee, Minnesota, in the amount of
$392,745.99. The bid is considerably less than the $600,000 anticipated in the 2004
General Capital Improvements Plan. Staff recommends the award of the bid to
Northwest Asphalt, Inc.
RECEIVED BIDS AND AWARDED CONTRACT FOR THE 2004 STREET
IMPROVEMENT PROJECT NO. ST. 2004-1 TO NORTHWEST ASPHALT, INC. IN
THE AMOUNT OF $392,745.99.
7. Receive bids and award contract for the 2004 Miscellaneous Concrete
Repair Project No. 355.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 4
Mr. Burns, City Manager, reported that bids were opened on March 17, 2004. The low
bidder is Ron Kassa Construction of Elko, Minnesota in the amount of $71,000. The
work includes remedial sidewalk repair, replacement of concrete street panels, and
repair and replacement of concrete curbing destroyed by utility repairs, and
reconstruction of driveway entrances. Staff recommends that the bid be awarded to
Ron Kassa Construction in the amount of $71,000.
RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE 2004
MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 355 TO RON KASSA
CONSTRUCTION IN THE AMOUNT OF $71,000.00.
8. Resolution No. 2004-27 receiving final plans and specifications and
ordering advertisement for bids: Woodside Court Street Improvement
Project No. ST. 2004-2.
Mr. Burns, City Manager, explained that the City is constructing the extension of
Woodside Court as part of the Theilman plat that was approved last year. All costs will
be paid by the current developer, Jeffrey Cruz. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-27.
9. Approve Change Order #1 for the 2004 sanitary and storm sewer lining
project.
Mr. Burns, City Manager, stated the City's contract for the 75t" Avenue sanitary sewer
lining project is suggesting we line the entire 638 feet of 36 inch sanitary sewer line on
75th Avenue rather than do a combination of joint sealing and lining as previously
planned. The Public Works Director recommends we spend an additional $24,505 to
make this change. The continuous lining is being offered at a good price and will
provide a smoother interior and more permanent solution. Staff recommends Council's
approval of the change order.
10. Approve amendment to License Agreement between the City of Fridley and
Joseph and Linda Nelson, 1357 — 64th Avenue NE (Ward 2).
Mr. Burns, City Manager, stated in 1997, the City approved a license agreement with
the Nelsons that allows them to install and maintain an irrigation system and driveway
that encroaches on a City easement. The attorney representing the Nelsons in their
negotiations to sell their property has found a discrepancy in the legal description of the
easement which clouds the title to the property. The motion before Council corrects that
legal description. Staff recommends Council's approval.
APPROVED AMENDMENT TO LICENSE AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND JOSEPH AND LINDA NELSON.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29 2004 PAGE 5
11. Approve joint powers agreement for the 2004 purchase of Self Contained
Breathing Apparatus (SCBA).
Mr. Burns, City Manager, explained that Fridley will be joining Columbia Heights, Anoka
and Champlain in bidding SCBAs in 2004. Since state law requires that cooperative
bidding be supported by a joint powers agreement, the four cities are asking their
respective Councils to approve the joint powers agreement. Staff recommends
Council's approval.
APPROVED JOINT POWERS AGREEMENT FOR THE 2004 PURCHASE OF SELF
CONTAINED BREATHING APPARATUS (SCBA).
12. Approve North Suburban Regional Mutual Aid Association Mutual Aid
Agreement.
Mr. Burns, City Manager, stated this agreement allows fire departments in the area to
respond to mutual aid in other cities. The agreement before the Council allows those
cities to charge for service in excess of ten hours and to request FEMA reimbursement
for costs associated with a major incident in one of the member cities. Staff
recommends Council's approval.
APPROVED NORTH SUBURBAN REGIONAL MUTUAL AID ASSOCIATION
MUTUAL AID AGREEMENT.
13. Resolution No. 2004-28 in support of an application for a Minnesota Lawful
Gambling Premise Permit for Bfaine Jaycees (Fridley Crab House Music
Cafe) (Ward 2).
Mr. Burns, City Manager, explained that the renewal begins on July 1, 2004 and
extends to June 30, 2006. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-28.
14. Approve 2004 reappointments to City Commissions.
Mr. Burns, City Manager, stated that terms for the various commissions expire on April
1, 2004. These include the terms of Leroy Oquist and Dean Saba on the Planning
Commission; Blaline Jones on the Appeals Commission; Larry Commers, Chair of the
Fridley HRA; Michelle Maher of the EQEC; Barbara Johns, Chair of the EQEC, and Tim
Solberg of the Parks and Recreation Commission. Dean Saba, Blaine Jones, Tim
Solberg, Leroy Oquist, Larry Commers, and Barbara Johns wished to be reappointed.
Michelle Maher does not want to be reappointed to the EQEC and Dick Young is retiring
from the Parks and Recreation Commission. Staff recommends the reappointment of
Dean Saba, LeRoy Oquist, Barbara Johns, Blaine Jones, Tim Solberg and Larry
Commers.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 6
APPROVED THE REAPPOINTMENT OF DEAN SABA, LEROY OQUIST, BARBARA
JOHNS, BLAINE JONES, TIM SOLBERG AND LARRY COMMERS.
15. Appointments — City Employees.
Mr. Burns, City Manager, explained that staff recommends the appointment of Jane
Oster to the position of Data Processing Clerk. Jane replaces Sandra Hara who was
recently promoted to the position of Utility Billing Clerk.
Staff is also recommending the appointment of Jeffrey Jensen as Streets Supervisor.
Jeff has worked for the City since November 1993. He replaces Ken Holmstrom who is
retiring.
Staff is also recommending the appointment of Don Abbott to the position of Director of
Public Safety. Since joining the Fridley Police Department, Don has progressed
through the ranks as Corporal, Sergeant and Captain. In addition, he founded the Law
Enforcement Memorial Association. Don replaces the retiring Dave Sallman as Public
Safety Director.
Staff recommends Council's approval of the appointments.
APPROVED THE APPOINTMENT OF JANE OSTER T
PROCESSING CLERK, JEFFREY JENSEN TO THE
SUPERVISOR, AND DON ABBOTT TO THE POSITION
SAFETY.
16. Claims.
APPROVED CLAIM NOS. 115695 AND 115956.
17. Licenses.
O THE POSITION OF DATA
POSITION OF STREETS
OF DIRECTOR OF PUBLIC
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
18. Estimates.
APPROVED THE FOLLOWING ESTIMATE:
Hardrives, Inc.
11475 Quiram Drive
Rogers, MN 55374-9461
2003 Street Improvement Project
No. ST. 2003-1
Estimate No. 8
$23,703.19
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29 2004 PAGE 7
Councilmember Bolkcom requested an amendment to the March 8, 2004, Council
minutes. After the motion and the vote to remove SP #04-02 from the table, insert
"MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to
approve Special Use Permit SP #04-02 with the stipulations. Upon a voice vote, all
voting aye, Mayor Lund declared the motion carried unanimously." She stated with this
change, Item No. 2 could be removed from the agenda.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve
the proposed consent agenda with the removal of Item No. 2.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA
MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adopt
the agenda.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OPEN FORUM: Consideration of items not on agenda — 15 minutes.
Tom Myhra, 6360 Able Street N.E., presented the City Council with five copies of a
book titled "Americas Thrillion Dollar Housing Failure" in which the author sites the
problems created by high density housing.
Don Anderson, 7304 West Circle N.E., thanked the City Council for approving the
Special Use Permit for Spring Lake Park Schools to allow the use of a private home for
a Life Skills Program.
Frank DeMello, 6134 Woody Lane N.E., asked Mayor Lund to impose a time limit on
those speaking on the Spring Valley Estates petition this evening.
PUBLIC HEARINGS:
19. Consideration of an ordinance under Section 12.06 of the city charter
declaring certain real estate to be surplus and authorizing the sale thereof,
generally located at the northwest corner of Ely Street and Ashton Avenue
(Ward 3).
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to waive
the reading of the public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29 2004 PAGE 8
Scott Hickok, Community Development Director, explained that in December, 2003, the
City Council authorized a lot split and land swap that created the lot on the corner of Ely
Street and Ashton Avenue. It was determined that the HRA should play a role in the
disposal of the property with the sale proceeds going to the City's general fund. An
appraisal of the property completed by Lake State Realty Services in January 2004
places the value of the property at $57,500. The lot is 107 feet wide and contains
12,840 square feet.
ORDINANCE
Mr. Hickok said the ordinance declares the lot as excess property and authorizes the
transfer of title necessary for the HRA to market and sell the property on behalf of the
City. The HRA will be accepting bids for the property and will award the winning bid in
June. The HRA will have any of their costs, associated with disposing of the property,
reimbursed through the sale proceeds.
STAFF RECOMMENDATION
Mr. Hickok stated staff recommends Council hold the public hearing to declare this
property excess and authorize the transfer of title to the City of Fridley Housing and
Redevelopment Authority. Disposing of this property will result in a new single-family
home and the resulting tax benefits.
Councilmember Bolkcom asked Mr. Hickok to explain why the HRA is involved in this
process.
Mr. Hickok replied that the HRA is the City's real estate authority. They handle real
estate transactions especially when they relate to single-family residential structures.
The HRA has a housing replacement program which allows the HRA to be involved with
the acquisition of properties. When they do sell properly, they include stipulations to
make sure we get the type and quality of home that fits the area. The HRA is very good
at monitoring this program. Also, the HRA can capitalize the benefits of tax increment
generated by a new house on property they have sold.
Councilmember Bolkcom asked if the Council can impose stipulations on the type of
home to be built on the lot.
Mr. Hickok explained the HRA is very well versed in those issues and has a set of
standards to make sure a quality home is built.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29. 2004 PAGE 9
20. Consideration of an ordinance amending Fridley City Code, Section 205.07,
R-1 Single Family Dwelling District Regulations, and Section 205.08, R-2,
Two Family Dwelling District Regulations, and Section 205.09 R-3, General
Multiple Dwelling District Regulations, related to accessory uses (Zoning
Text Amendment, ZTA #04-01).
MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom to waive
the reading of the public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Stacy Stromberg, City Planner, stated the City Code currently requires a resident to
obtain a special use permit prior to constructing a second garage on their property. The
Planning Commission and Council have approved all 26 special use permits submitted
over the past 5 years. All were approved with a fairly standard set of stipulations to
ensure compatibility with the existing home and surrounding environment. The City's
fee study indicates that the City's cost to bring an application through the special use
permit process is approximately $1,400. Special use permit fees high enough to cover
the City's cost, for what has become a routine approval, would deter residents from
building the structures needed to store vehicles and other homeowner goods indoors.
Staff has developed an ordinance to modify the code requirements in the R-1 district
thereby allowing second accessory buildings without a special use permit. Instead of a
special use permit, staff believes the same objectives could be accomplished by
building the standard stipulations of a second accessory structure special use permit
into the pertormance standards of the R-1 chapter of the zoning code. These same
standards will apply to single-family properties located in S-1, R-2, and R-3 zoning
districts. This change will take the cost of administering these special use permits from
the general public, and simplify the process for homeowners. On March 17, 2004, the
Planning Commission recommended approval of this zoning text amendment. The
motion carried unanimously.
STAFF RECOMMENDATION
Staff recommends that Council hold a public hearing for this ordinance and approve the
first reading of the ordinance to modify the code requirements for single family
properties, thereby allowing second accessory buildings without a special use permit.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe to insert an
amended copy of this ordinance.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Councilmember Bolkcom asked about home occupation.
Mr. Hickok said home occupations are permitted in the districts named.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 10
Councilmember Bolkcom asked if there is some urgency to passing this matter tonight.
Mr. Hickok explained that the staff would like to see this amendment approved since we
are entering the time of year when people begin construction of accessory structures.
Also, staff would like this to coincide with the fees in Chapter 11.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OLD BUSINESS
21. Ordinance No. 1192 amending Fridley City Code, Chapter 11, Fees (tabled
March 8, 2004).
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to remove
this item from the table.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Richard Pribyl, Finance Director, stated the first reading for this ordinance occurred on
February 23, 2004. At that meeting, a few items were identified as needing corrections.
The corrections have been made. A comment was made at that meeting regarding the
liquor licenses and the cost of enforcement. Staff will be reviewing the basis for the cost
of a liquor license with and without entertainment with the next fee study, As was stated
in the first reading, these changes are based on the fee study that was done last year.
The revenues associated with these changes were incorporated into the budge for
2004.
Councilmember Bolkcom questioned why some of the text is abbreviated. She asked
that all words be spelled out so there was no question as to the intent.
M
Mr. Pribyl responded that as we work through Chapter 11, those types of corrections will
be made. �
Councilmember Bolkcom asked how soon a new fee study will be done.
Mr. Pribyl stated they expect to be reviewing the fees again this summer.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve
the second reading of the amendment to the Fridley City Code, Chapter 11, Fees with
the correction of the abbreviations.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29. 2004 PAGE 11
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
22. Ordinance No. 1193 creating a new chapter of the Fridley City Code setting
service charges for emergency response calls (tabled February 23, 2004).
MOTION by Councilmember Wolfe, seconded by Councilmember Billings, to remove
this matter from the table.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
John Berg, Fire Chief, stated at the City Council meeting on February 23, 2004, the
Finance and Fire Department staff were asked to review two particularty controversial
areas of the fee structure—personal injury accidents and vehicle fires. They contacted
the insurance company and found out that they do cover personal injury accidents
under the liability issues. They also looked at insurance in terms of comprehensive
versus liability and determined that in the case of vehicle fires they would probably be
creating more staff time in terms of vehicle fires. They decided to look at the issue of
vehicle fires, but have pulled it from the ordinance at this time. He also explained they
propose to continue with personal injury accident fees after surveying a number of local
fire departments that are currently doing this. The indication is that they can collect.
Vehicle owners are required to carry liability insurance and that most departments are
collecting befinreen 80% to 90% of the fees that are charged. Staff recommends
adopting the ordinance with the exception of vehicle fires.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to waive the
second reading and adopt Ordinance No. 1193 on the second reading and order
publication.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MQTION
CARRIED UNANIMOUSLY.
23. First reading of an ordinance to amend the City Code of the City of Fridley,
Minnesota by making a change in zoning districts (rezoning request, ZOA
#04-01, by John DeMello, Pro�tmax, Inc. (Ward 2) (Tabled March 8, 2004)
- 24. Preliminary Plat Request, PS #04-01, by John DeMello, Profitmax Inc., to
replat six parcels into two parcels for the purpose of constructing a senior
housing development and a retail complex, generally located at 1340 and
1314 Mississippi Street, 6421 and 6401 Central Avenue, 1341 and 1357 –
64th Avenue, and two vacant lots, Lots 17 and 18, Block 1, Spring Valley
Addition (Ward 2) (Tabled March 8, 2004).
MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to remove
ZOA #04-01 and PS #04-01 from the table.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 12
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mayor Lund explained that the public hearing was closed at the March 8 meeting, but
because the petitioner has submitted a revised plan, he will allow remarks from
audience members.
Mr. Hickok, Community Development Director, reviewed the revised proposal explaining
that Profitmax is now proposing to create one new parcel from 1344 Mississippi Street,
1340 Mississippi Street, 6401 Central Avenue, 6421 Central Avenue, 6411 Central
Avenue (vacant), 6461 Central Avenue (vacant), 1341 64th Avenue and 1357 64tn
Avenue. The original request was to create two new parcels. Mr. DeMello is also
requesting a rezoning for the east side of Central Avenue befinreen Mississippi Street
and 64th Avenue.
• Currently, there is a mixture of commercial and residential zonings and the
petitioner is seeking to rezone the entire block to S-2 Redevelopment District.
• On February 18, 2004, the Planning Commission recommended approval of
Plat Request, PS #04-01 (2 lots) and Rezoning Request, ZOA #04-01 and
subsequent master plan, with the 22 stipulations as presented. The motion
carried by a 6 to 1 vote.
• The City Council tabled action on the plat and rezoning at the March 8, 2004,
meeting. The Council directed staff to prepare a finding of fact based on their
concerns to deny the project as proposed.
• Since the March 8, 2004, City Council meeting, the petitioner has submitted a
revised site plan based on comments received from Anoka County and
concerns raised by neighboring property owners and the Council.
• The new master plan proposal contains one lot with one building. The new
building will include 13,750 square feet of retail space on the north side of the
ground floor and 90 owner-occupied senior condominium units located above
the retail and the remainder of the building.
• The development now has a 4-story element in the center but the curved
wings on the north and south ends have been dropped to 3 stories.
• The three story wings will be 35 feet in height and the four story center wilt be
45 feet in height.
• The retail portion square footage has been expanded by 330 square feet and
there is an addition of 19 senior condominium units.
• All building setback requirements are being met as if the building was
designed to meet the R-3 Multi-Family and C-2, General Business zoning
district requirements.
• The petitioner is meeting or exceeding all parking requirements. The entire
development both commercial and residential will be under single ownership.
• The parking garage for the complex will receive access from Mississippi and
64th Avenue.
d
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 13
• The petitioner has asked Traffic Data, Inc. to re-evaluate the previously
submitted traffic study to include the new access points and the additional
condominium units.
• The consultant determined that the revised plan will add minimal traffic
beyond the initial proposal.
• The change in the driveway configuration will improve the traffic flow on
Central Avenue by reducing the number of conflict points.
• There is enough capacity on both 64t" Avenue and at the Central Avenue and
1 64th Avenue intersection to accommodate traffic from the proposed driveway
on 64th Avenue.
t • City staff and the petitioner met with Anoka County to review the comments
and concerns the County had and to review the revised site plan for Spring
Valley Estates. The County had concerns regarding too many access points
on Central Avenue and commented that they would prefer to see an access
on 64th Avenue. .
• To address those concerns, the developer has reduced the number of access
points on Central Avenue to one driveway and has redesigned the parkin�
garage so it receives access from Mississippi Street on the north and 64t
Avenue on the south.
• The County has stated that they will accept the redesigned plan and will
permit access on Central Avenue as well as Mississippi Street.
• The County stated that currently there are no imminent plans for
reconstruction of either Central Avenue or Mississippi Street, nor are there
any plans to signalize the intersection.
• The County is pleased that this redesign has moved an access to 64tn
Avenue because it is very likely that whenever Central Avenue and
Mississippi Street are rebuilt, it would become a right in / right out, and 64tn
Avenue could possibly serve as a location for future median break or full
access location.
• The petitioner has a consultant who met with the Rice Creek Watershed
District on March 24, 2004.
• City staff received a notice of exemption from the Rice Creek Watershed on
March 25, 2004.
• The exception was approved as it appears that the wetland was incidentally
� created and is not protected under the Wetland Conservation Act.
• Like the Town Center Development proposal, this master plan has been
� modified to address concerns raised by the Planning Commission, City
Council, and the neighborhood.
• City staff recommends approval of the new site plan, the plat request, and the
rezoning request with the subsequent master plan, with 22 stipulations.
Councilmember Billings asked the City Attorney if there should be a motion to substitute
the one lot plat for the finro lot plat originally submitted.
Mr. Knaak responded that would be the appropriate action to take.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 14
MOTION by Councilmember Billings, seconded by Councilmember Bolkcom to accept
the following items into the records: email from Dorothy Hollister, email and letter from
Jean and Mark Schwartz, letter from Jim and Donna Reisner, letter from Marvel
McNaughton, letter from Timothy M. Byrne; and letter from Barbara and Dennis
Edwards.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to receive
an email from Randy Johnson. t
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Petitioner John DeMello and Rick Harrison reviewed the revised proposal for this
development explaining their proposal fits the desires of the Fridley Comprehensive
Plan for senior housing. Mr. Harrison referred to the Gateway Town Homes stating that
there are 28 units on this site and the City was required to acquire the site, demolish the
buildings, modify streets, relocate existing utilities and install public improvements
through tax dollars. He also referred to two other developments where the City was
required to invest to make the site profitable. He pointed out that Spring Valley Estates
is 91 units for seniors and convenient retail and it would produce additional tax revenue.
Mr. Harrison explained how the Excelsior on Grand development induced surrounding
property owners to upgrade their sites. Redevelopment with character is an incentive
for others to emulate. Spring Valley Estates provides a social atmosphere for residents
that have finro things in common: ownership of the property and maturity. Mr. Harrison
reviewed a history of Sprinq� Valley Estate proposals explaining that the plan before the
Council tonight is the 14t concept for this development. This final version puts
everything into one building which is far more expensive to construct. It combines the
retail space and the residential units into one building. Entrance locations have been
reviewed and approved by Anoka County. To address parking concerns, the retail
parking has been increased by 5% and the residential parking by 10%. They have 54
extra parking spaces beyond the R-3 zoning requirements (4 extra parking spaces
above and beyond the C-1 and C-2 zoning requirements.) As far as the building height, y
to please the neighbors and Council, the ends of the building have been reduced to 3
stories which reduces the need for additional screening. The Rice Creek Watershed
District did approve the wetland for this site on March 25. The building meets or �'
exceeds all setback requirements but some of the overhangs will touch the setbacks.
They plan to have European-style outdoor patios for community gatherings to enhance
the neighborhood. A walk system, pedestrian trail and gazebo are being provided.
With respect to the architectural features, the roof pitch has been minimized, there will
be an Italian Villa theme, and additional landscaping features have been added. Each
villa will include a laundry within the home, balconies, purchaser upgrades, access to
on-site amenities such as a hobby room, craft room, card room, library, exercise room,
business center, guest room, meeting room, indoor car wash and retail. This proposal
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29. 2004 PAGE 15
is for the mature Fridley residents, their families, and the future families of Fridley. He
said they requested approval of the proposal.
Councilmember Barnette asked about the building on 5th Street in New Brighton and
how it compares to this proposal.
Mr. DeMello stated it is very similar with the entryway creating a grand entrance
appearance that works very well. That site does not have any commercial and they
believe the commercial in their proposal is a convenience for the senior residents.
Mayor Lund announced that even though the public hearing has been closed on this
matter, he would like to offer those present an opportunity to comment on the revised
proposal as long as they limit their remarks to three minutes.
Councilmember Bolkcom asked if the idea is to hear new comments only.
Mayor Lund asked the audience members to stick to the facts and to present new
comments only.
Dorothy Pejl, 1260 Mississippi Street, stated she has a background in real estate having
retired from HUD. She thought a complex like this would be a real benefit to the
neighborhood and would increase the value of surrounding properties.
Virgil Okeson, 1423 — 64t" Avenue N.E., stated there is an easement on 64th Avenue for
a street that will run north parallel to Old Central Avenue. If a street is proposed through
that easement the east wall of the proposed structure would hang over the street.
There is another easement off of Arthur Street in the middle of the block going
westbound which could not proceed because of this development and would negatively
affect property owners. The comprehensive plan states the intent is to preserve the
single family units in Fridley. Redevelopment is approaching about 30% of Fridley.
This would be setting a dangerous precedent. He did not believe the driveway
approach from Mississippi Street complies with the setback requirements.
Jeff Saarela, 6190 Heather Circle N.E., stated he lives about a quarter mile south of this
proposal. He is in favor of development but he is opposed to the design for this
development. He thought it was mediocre and mindless. He thinks it would be much
better to turn the whole building facing to the south which would give more green space
to the residence. He stated that quality design brings long-term profits.
Doug Johnson, 6388 Pierce Street, stated he is not against the development but does
have reservations about the density. He would prefer to see 60 units rather than 90.
He asked if this type of proposal can proceed with a special use permit rather than
rezoning the property. tf the developer does not proceed, the zoning would remain.
FRIDLEY CITY COUNCIL MEETII�G MINUTES OF MARCH 29, 2004 PAGE 16
Charlie Kocourek stated development is good and this site needs some improvement,
but he is opposed to intruding into the neighborhood. The current proposal is worse
because it involves an access onto 64t" Avenue.
Paula Baron, 6240 Rice Creek Drive, stated the development approved for the west
side of Central is more than enough for that area. To approve this proposal would
mean way too much development in a short time.
Walter Squier, 6701 Channel Road N.E., stated he has lived in Fridley since 1977. He �
believes this proposal will be a big improvement and that there are many residents who
would enjoy living there. He does not believe the senior residents will impact the traffic r
in a significant way.
Kurt Olson, 1385 64th Avenue N.E., stated his opposition to the proposal. He asked if
Central Avenue does become divided, would that cause more traffic than has been
allotted for.
Ben Emertson, 6564 Pierce Street N.E. stated he has lived in Fridley for 42 years and
wondered if the Town Center development and this proposal were too much for this
small area.
Jennifer DeMello, 6134 Woody Lane N.E., stated the petitioner is her brother and
referred to a quote by Albert Einstein "The greatest spirits have gotten the most
opposition from mediocre minds." She is not suggesting that those opposed to this
proposal have mediocre minds, but she does believe they are choosing to see this
proposal from a rather narrow-minded perspective and not looking at the picture as a
whole. She understands that change is difficult, but it is inevitable. She stated John
DeMello has a vision for the older generation of Fridley. Their parents are getting to the
age where they will need a facility like this and they would like to keep them close.
Don Anderson, 7304 West Circle N.E., said he was in support of this proposal and
believed it would be a good place for seniors.
Andrea Olson, 1385 — 64th Avenue N.E., stated the proposed building is so large she
will not be able to see much out of her yard. Dropping the building height on each end _
does not solve the problem. The basement parking is in an area that will be bermed up.
She reminded the City Council that a petition with 330 signatures of those opposed to
the project was presented at the last meeting and now this plan is 27% larger. She "
asked how many trips a day will be generated by 90 residential units. This new plan
also adds an access to 64th Avenue. She asked Council to deny the project because it
was in the wrong neighborhood.
Mark Mattison, 6421 Central Avenue N.E., stated there is a 1 1/3 acre lot on the corner
of Mississippi and Old Central that is already zoned C-2. This zoning would allow a
Super America or a Quick Trip without any rezoning required. The C-1 zoning on a
portion of this property would allow novelty shops or tattoo shops and the neighbors
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 17
could end up with a whole mix of things. This development is a nice proposal for the
whole City.
Mark Schwartz, 1372 — 64th Avenue N.E., spoke in opposition to the proposed driveway
onto 64th Avenue. This proposal has such a high caverage of the total square footage
of the land that the storm run-off is a concern. He understands that the rate of flow has
to be controlled from this site, but not the volume. He asked who will be responsible if
there are more problems with the storm system. The height of the building is not stated
correctly because the garage floor is approximately the same level as the curb on 64tn
Avenue. He does not believe the developer has met the burden of proof required to
rezone this property. This proposal creates spot zoning by placing a high density
housing unit next to R-1. He asked the Council to deny this request.
Chuck Bullock, 1521 Camelot Lane N.E., stated he has concerns regarding the traffic
this will create. He explained that it is already nearly impossible to access Central
Avenue from 64t" Avenue during peak periods of the day. He feared many of the
residents from this complex would seek alternate routes through what are now quiet
residential streets. He also questioned the height of the project.
Joanne Zmuda, 6051 Fourth Street N.E., questioned if the financing for the whole
project is available or if it will be built piece-meal. She stated the main concern is the
size of the building and the type of commercial uses going in.
Jean Schwartz, 1372 — 64t" Avenue N.E., said redevelopment must be compatible with
the surrounding area. She believed if this is approved, the City Council will be setting a
precedent for the rest of the redevelopment land in Fridley. She could think of any other
high density development in the area that sits 18 feet from a residential property line.
She thinks the driveway onto 64t" Avenue will affect the safety of residents on that road.
If the City Council denies this proposal, they are not denying future redevelopment on
this site, but denying a building that is too big. This is not an appropriate development
for this site. The City Council should leave the door open for a more appropriate
proposal.
Frank DeMello, 6134 Woody Lane N.E., stated it is hard to come to a consensus about
what kind of building the general population will accept on that site. He pointed out his
property is already zoned commercial and that he could have put in commercial uses a
long time ago. There is a strong demand for this type of housing for seniors and there
are other similar developments that are blending in well in their residential settings. The
City Council approved a similar project across the street. This is a good project that
should be approved. Some of the objections expressed do not take into consideration
the good of the community. He also stated seniors prefer to stay in their own
environment and in the community they are used to. This project is good.
Yoava Klucsar, 1420 Rice Creek Road N.E., stated he has lived in Fridley over 20
years. He asked how the City Council could consider approving two large projects in
this area when he cannot even build a double bungalow on his lot. They did not need
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 18
any more retail space, as there are a lot of commercial vacancies in the area. He said
he is concerned about the increased pollution created by the additional tra�c. The
plans the petitioner presented are very nice but they do not belong in Fridley.
Joe Nelson, 1357 — 64th Avenue N.E., stated he did not know the petitioner prior to this
proposal but has found him to be a hard-working individual with good ideas. The
petitioner has the risk in this matter and he is the one who has to come up with the
financing. He has already spent a great deal of money to come before the City Council
with his plans.
Bernard Merihart, 1373 — 64th Avenue N.E., stated he is right next door to this project. �
In this process he has discovered the devastation created by high-density housing in
residential neighborhoods. He asked the Council to say no to this project.
Mr. Hickok responded to some of the questions presented this evening:
• Mr. Okeson's question on the driveway approach: Mr. Hickok stated a 5 foot
setback is generally required and that is the distance between the property line and
the driveway itself. Within an S-2 development, deviations can be considered, but in
this proposal the driveways are right on that standard.
• Mr. Johnson's question on the special use permit: Mr. Hickok explained the current
patchwork of zonings would not allow a special use permit to be the vehicle by which
this proposal could proceed.
• Mr. Kocourek's comment about barricaded neighborhoods: Mr. Hickok responded
that neighborhood streets are meant to provide for travel options and we need to be
very careful not to barricade streets for one group's interest while eliminating options
for others.
• Mr. Olson's question regarding Old Central becoming a divided road: Mr. Hickok
stated at a certain point the county could create turn lanes at the intersection of
Mississippi Street and Old Central where traffic is segregated.
• Is this too much for the neighborhood: Mr. Hickok explained that both developers
did a housing study and determined that 189 units are needed based on current
demographic data and these two developments together are below that number.
• Ms. Olson's concern about the height of the building: Mr. Hickok stated a lot of time
was spent discussing this at the last meeting and the fact is the height is determined -
at the front elevation.
• Trips per day generated by this proposal: The traffic analysis was done by the same ,
engineering group for both proposals so they have the collective data for the full
development scenario. Based on the trip generation manual, 66 daily trips will be
added.
• Mr. Schwartz questioned the rate and volume of run-off: Mr. Haukaas explained that
the storm water plans for this site must control the rate and the volume of the run-off
within the site. In addition, the storm water plans will be reviewed by the Rice Creek
Watershed District and their approval is required prior to moving forward with the
project.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 19
• Ms. Zmuda's concern about the type of retail: Mr. Hickok explained the S-2 zoning is
meant to serve a smaller demographic area and is generally geared toward walking
traffic.
Ms. Schwartz's comment on lot coverage: Mr. Hickok explained the lot coverage on
this proposal is 26.67%. In a R-3 zoning, the maximum lot coverage is 20% or an
additional 10% allowed if you park underneath the building. This development does
have underground parking so the maximum is 30%. This proposal is under that
requirement. As far as her concerns on parking, Mr. Hickok explained it is not at all
unusual to use speculative parking ratios on an unknown element. Where we have
multi-tenant development, it is not at all unusual to apply speculative ratio and that is
what we've done here. That means that there's 1 parking stall for every 200 square
feet of parking area. This development exceeds the parking requirements. Mr.
Hickok also pointed out that this is a S-2 district which takes into account that there
are pieces about redevelopment projects and that are beneficial to the city and that
there are trade-offs in allowing setback deviations. This petitioner has dedicated a
30 foot green space area to the county. Anoka County doesn't have immediate
plans or in their 10 — 20 year plan to change the current roadway. Other concerns
expressed by Ms. Schwartz regarding building setbacks are addressed in the
flexibility allowed in the S-2 district. However, this proposal would fit in R-3 zoning
and all setbacks would have been met.
Mr. Klucsar's comment about not being able to pMace a double bungalow on his lot:
His property is in a R-1 zoning which is single-family only.
Mayor Lund asked Mr. Haukaas to respond to the question regarding the responsibility
for any storm water issues that may occur as a result of this development.
Mr. Haukaas responded that the development's storm water system has to be designed
to handle the storm water on that site and they will be required to file a storm water
maintenance agreement with the City. The property owner, essentially the
homeowners' association, would have the responsibility for any storm water issues.
Mayor Lund asked the petitioner to respond to concerns about the process of this
development and whether it will be done in phases or all at once.
Mr. DeMello responded they are planning on a phased build-out starting with the
commercial and wrapping around so they can ensure the viability of the project. This
enables them to minimize the pre-solds and get in the ground as soon as possible. As
you look at the proposal from north to south, it will be built with the north section first,
then the middle section, and then the south section.
Councilmember Wolfe asked if the initial phase will include residential as well as
commercial.
Mr. DeMello stated it will.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 20
Councilmember Woife stated he received calls in favor and opposed to this proposal,
but some of those supporting it would not want it in their own back yard. The height of
the building from the street level is going to be higher than what the petitioner is
representing. The numbers are correct by engineering logic, but by common sense it is
higher. He also questioned if the senior residents would appreciate having the general
public using the outside seating at the north end of the project inside the courtyard. He
also pointed out that this new pro�osal increased the number of units from 71 to 90 and
added an access point onto 64" Avenue, which is the wrong direction. Fridley is
already 34% rental with 8% vacancy. There is a need for subsidized senior housing,
but as a realtor, he does not think these units are going to sell very quickly. As a
nearby neighbor, he already has difficulty accessing the Old Central Avenue and
Mississippi Street intersection.
Mr. Harrison responded that the 34% rental is not senior housing and this is an owner-
occupied proposal. As far as traffic, a senior adds an average of one to finro trips per
day while a single family home adds 10 trips a day.
Councilmember Wolfe stated another concern is the other new developments in the
area including the 8 single family lots southeast and the Town Center development to
the west.
Mr. DeMello responded this is an exciting time for Fridley. The north area is an area of
tremendous opportunity and it should be taken advantage of. He questioned why the
City Council would allow such a proposal to go to another community. He wants to
invest in Fridley as he believes it is an opportunity for the future.
Councilmember Wolfe commented that the development in Blaine occurred on a sod
farm, not in someone's neighborhood. The neighbors he represents bought in this area
because it is a single-family area. He believes this project is too big for the
neighborhood.
0
r
Mr. DeMello stated he has tried to answer all the concerns with this new proposal by
dropping the density per acre, reducing the number of stories on each end of the
building, and moving the access to 64th Avenue per Anoka County. They have
addressed the concerns expressed at the last meeting point by point. What's being
discussed here is this is a project that pulls together 8 lots with tremendous difficulties to
make something phenomenal. �
Councilmember Barnette stated redevelopment is a very positive thing for Fridley, but
he is concerned about the entrance onto 64th Avenue. If he were to live on this site and
was attempting to go east to New Brighton, he would utilize 64'h Avenue. He believes
the petitioner has presented some positive changes on the plat, but he still has some
questions.
Pete Villard, architect for this project, stated if you're standing in the center of 64tn
Avenue, the building will be 45 feet high within the parameters of the design. After the
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCA 29. 20D4 PAGE 21
retaining walls are added back in, the height is 35 feet. In addition, they set the building
back another 40 feet or so from the centerline of 64t" Avenue so the face of the building
will now be 100 feet. He said the dimension of the side yard setback on the east is 18
feet, but that 18 feet is to a one story gazebo porch so the building itself is 28 feet back.
Taking into consideration the 16 foot easement for the alley, the building is actually 44
feet from the property line on the east. As far as the design of this project, he stated he
has designed over 500 projects in the state of Minnesota and this project is a step up
from a lot of those projects in terms of the design and the materials they are using.
Mr. DeMello responded to concerns of the 64th Avenue access. This was not their idea,
but they are working within the constraints of the county which he understood was a
priority for the City Council in terms of their approval for this project. That is what drove
one of the access points from Central Avenue to 64th Avenue.
Councilmember Bolkcom stated she has a huge concern with the 64th Avenue access.
She questioned if Anoka County did anything more than recommend an access on 64tn
Avenue. This access will impact the residents in that neighborhood and she believes
this to be way too big of a project. The petitioner has listened to the neighborhood, but
she thought he should have met with the neighbors initially and up front to address their
concerns. She is not for this project for that reason. The biggest issue is density and
the height of the building. She is all for senior condos. If this proposal could be scaled
down it may be more acceptable.
Counclimember Billings stated the petitioner has done a lot of work and the project is
beautiful. We need to recognize the fact that we will need senior housing. By the year
2030, we are going to have half again as many people in the 7 county metro area as we
have now. We cannot have 20-acre sites for a single family house and still be able to
provide adequate housing. We have to realize that we will have to find ways to do more
with the land we have. He stated he likes the idea of a mixed use commercial site with
housing. Unfortunately, one of his objections to the plan was that they were trying to do
too much with the site and now with this plan more is being done with the site. One of
his biggest concerns is along the northern and northwestern property line. In order to
accomplish what the petitioner needs to economically, the parking is pushed right up to
the property line. There are no provisions for snow storage when everything is to the
property line. Should Anoka County need to take that property for right-hand turn lane,
there would be even less area. If this were a larger site with more green space
buffering to the east, it may be a better proposal. In terms of the access to 64th Avenue,
it's not the worst thing in the world and will not add that many cars to 64th Avenue. He
does not think this particular site can accommodate this much construction and it is not
in the best interests of the health, safety and welfare for the City of Fridley. We need
this type of housing, but it needs to be on a larger piece of property.
Mr. Harrison stated that reducing the density would result in a per unit cost that would
be prohibitive for the people of Fridley unless subsidies were involved.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 __ PAGE 22
Mayor Lund stated the petitioner presented his case very well, but he does have
concerns about the density and height of this proposal. He is in favor of redevelopment,
but this proposal is a little too much. He thinks it has some positive aspects and has
lesser impact than some of the things that could happen on the property. He would like
to see something a little less intrusive. He believes this type of development fits in the
City's corridor commercial area.
Councilmember Billings asked if they made a motion to deny, did they need to provide
reasons for that denial. He proposes the first motion be a motion to approve. The
second motion would be a motion to substitute revision 14 single lot for revision 13 for
finro lots presented originally. They would vote on the substitute amendment and then
on the motion to approve. If that fails, they should then move to table the matter and
ask staff to prepare comments to use at a subsequent meeting for a motion for denial.
Mr. Knaak stated the recommended procedure would be to have an affirmative vote to
deny with reasons given for the denial.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to waive the
reading and approve the ordinance for Rezoning Request, ZOA #04-01, on first reading.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to amend
Rezoning Request, ZOA #04-01, substituting Revision No. 14 dated March 20, 2004.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO AMEND CARRIED UNANIMOUSLY.
UPON A VOICE VOTE ON THE MAIN MOTION, COUNCILMEMBER BARNETTE
VOTING AYE AND MAYOR LUND, COUNCILMEMBER BILLINGS,
COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING NAY,
MAYOR LUND DECLARED THE MOTION TO APPROVE REZONING REQUEST,
ZOA #04-01, HAD FAILED ON A 1 TO 4 VOTE.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe to deny
Rezoning Request, ZOA #04-1.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe to table
Rezoning Request, ZOA #04-01, to the April 12, 2004, City Council meeting and direct
staff to provide a list of objections to document into the record.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO TABLE REZONING REQUEST, ZOA #04-01 CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to approve
Preliminary Plat Request, PS #04-01.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 23
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to amend
Preliminary Plat Request, PS #04-01, substituting Revision No. 14 dated March 20,
2004.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO AMEND CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe to table
Preliminary Plat Request, PS #04-01, to the April 12, 2004, City Council meeting and
direct staff to provide a list of objections to document into the record.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO TABLE PRELIMINARY PLAT REQUEST, PS #04-01, CARRIED UNANIMOUSLY.
NEW BUSINESS
25. First reading of an ordinance under Section 12.06 of the City Charter
declaring certain real estate to be surplus and authorizing the sale thereof
generally located at the northwest corner of Ely Street and Ashton Avenue.
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to waive
the reading and adopt the ordinance on first reading.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
26. First reading of an ordinance amending Fridley City Code, Section 205.07,
R-1, Single Family Dwelling District Regulations, and Section 205.08, R-2,
Two Family Dwelling District regulations, and Section 205.09, R-3, General
Multiple Dwelling District Regulations, related to accessory uses (Zoning
Text Amendment, ZTA #04-01).
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to waive the
reading and adopt the ordinance on first reading.
UPON A VOICE VOTE COUNCILMEMBER BARNETTE VOTING AYE AND MAYOR
LUND, COUNCILMEMBER BILLINGS, COUNCILMEMBER WOLFE, AND
COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE
MOTION FAILED ON A 1 TO 4 VOTE.
27. Informal Status Reports.
William Burns, City Manager, reported that the newsletter is now at the printers and will
be mailed next week.
FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 24
Jeff and Ann Rasmussen, 1259 Skywood Lane N.E., asked what action had been taken
by the City Council on Menard's request to relocate their driveway. They are concerned
about the noise generated by trucks loading and unloading and the possibility of speed
bumps being installed to the north which will also create noise.
Councilmember Billings explained no one spoke against this matter at the public
hearing. He offered to meet with the Rasmussens and Menard's store manager to
address their concerns. He added that the loading and unloading of trucks will take
place in the same area of the site.
Mr. Hickok stated the yard will continue to function as it has except for the relocation of
the drive. He did contact Menard's Eau Claire office and was told they do not intend to
off-load lumber on the north-end. They have no plans for speed bumps.
ADJOURNMENT.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe to adjourn
the City Council meeting of March 29, 2004.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 11:00 P.M.
Respectfully submitted,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
City of Fridley
Notice of Board of Review
Notice is hereby given, that the Board of Review of the City of Fridley, County of
Anoka, Minnesota, will meet at the City Ha11 Council Chaznbers in said City at 7:00 p.m., on
Monday, April 12, 2004, for the purpose of reviewing and correcting the assessment of said City
for the year 2005. All persons considering themselves aggrieved by said assessment, or who
wish to complain that the property of another is assessed too low, aze hereby notified to appeaz at
said meeting and show cause of having such assessment corrected.
No complaint that another person is assessed too low will be acted upon until the person
so assessed, or his agent, shall have been notified of such complaint.
Given under by hand this 23rd day of March, 2004.
Debra A. Skogen, City Clerk
(Published in the Fridley SunFocus April l and 8, 2004.)
� AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 12, 2004
CRY OF
FRIDLEY
Date: April 6, 2004
To: William 8urns, City Manager ��
�
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: 2nd Reading of an Ordinance for ZTA #04-01, regarding 2"d Accessory
Structures
M-04-54
INTRODUCTION
As you are aware, City Code currently requires a resident to obtain a special use permit
(SUP) prior to constructing a second garage on their property. The Planning
Commission and Council have approved all 26 SUP's submitted over the past 5 years.
These SUP's were all approved with a fairly standard set of stipulations to ensure
compatibility with the existing home and surrounding environment.
The City Council held a public hearing for, and the first reading of, this ordinance at their
March 28, 2004, meeting.
PLANNING COMMISSION RECOMMENDATION
At the March 17, 2004, Planning Commission meeting, a public hearing was held for
ZTA #04-01. After a brief discussion, the Planning Commission unanimously
recommended approval of the ZTA as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
Staff recommends that the Council hold the 2nd Reading of the Ordinance to modify the
Code requirements in the R-1 district thereby allowing second accessory buildings
without a special use permit.
2
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE SECTION 205.07 R-1 ONE FAMILY
DWELLING DISTRICT REGULATIONS AND SECTION 205.08 R-2 TWO-FAMILY
DWELLING DISTRICT REGULATIONS AND SECTION 205.09 R-3 GENERAL MULTIPLE
DWELLING DISTRICT REGULATIONS
RELATED TO ACCESSORY USES.
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley City Code, be hereby amended and ordains as follows:
Section 1: That Section 205.07 of the Fridley City Code be hereby amended as follows:
205.07. R-1 One-Family Dwelling District Regulations
1. USES PERMITTED
B. Accessory Uses.
, •
�
�
� A private garage is the first accessory building. It sha11 not exceed 100% of the first floor
area of the dwelling unit or a maximum of 1,000 square feet.
(21 A second Qara�e or accessorv buildin� over 120 square feet vrovided the followin� criteria
are met:
(a ) The combined totaI floor area of all accessorv buildinQS shall not exceed 1,400
sguare feet. �
�) The maximum hei�ht for all accessorv buildings shall not exceed fourteen (14) feet
above ¢rade at the midspan of roof Midspan for purposes of tlus orduiance shall be
described as the midvoint between the eave line and the lushest nomt on the
buildin s roof as measured at the front elevation of the structure.
(c 1 Accessorv buildin� shall not be used for a home occunation or as livine area.
�,d 1 Accessorv structure shall be architecturallv comnatible with existine home bv
matching, sidins color schemes roofinS materials roof tvue and roof urtch.
(e ) All drive and uarkin�azeas to be hard surfaced.
3
��} Privately owned recreational facilities which are for the enjoyment and convenience of
the residents of the principal use and their guests.
�{c� Home occupations.
�{�-} The rental of guest rooms to not more than two (2) persons per dwelling unit.
�Ee} Solar energy devices as an integral part of the principal structure.
C. Uses Permitted With a Special Use Permit
The following are uses permitted with a Special Use Permit in R-1 Districts:
, •
�(�-} Churches.
�(�-} Private Schools.
�f4-} Day Care Centers provided they are to be located in places of worship, schools or in other
buildings located on an arterial or collector street. (Ref. 1121)
�� Private nonprofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools
and additional recreational uses, not an accessory use to the principal uses.
�(�-} Utility companies having transformers, pumping stations and sub-stations subject to the
following minimum requirements:
�(�-} Automobile parking lots for off-street parking spaces for any use on adjacent land, when
the following minimum requirements have been met:
�{�}} Hospitals, clinics, nursing homes as defined in Section 205.03.55, corivalescent homes, and
homes for the elderly as defined:
��9-} Private radio or television antennas exceeding a height of twenty (20) feet above the
dwelling roof.
�{�9� Wind generators and other tower mounted energy devices exceeding a height of twenty
(20) feet above the dwelling roof.
10 {�-�-} Solar energy devices NOT an integral part of the principal structure.
�(�} Exterior storage of materials.
Section 2: That Section 205.08 of the Fridley City Code be hereby amended as follows:
205.08. R-2 Two-Family Dwelling District Regulations
1. USES PERMITTED
B. Accessory Uses
�
(3) Any second accessory building in excess of 240 square feet shall require a Special Use
Permit. Properties containin� one-familv dwellings are exempt from the Special Use
Permit and shall be subject to the R-1 District ReQulationspertaining to second accessory
buildines.
C. Uses Permitted with a Special Use Permit
(1) Accessory buildings, other than the first accessory building over 240 square feet.
Prouerties containing one-familv dwellinss aze exempt from the Special Use Permit and
shall be subject to the R-1 District Re�ulations pertainin� to second accessorv buildin�
Section 3: That Section 205.09 of the Fridley City code be hereby amended as follows:
205.09. R-3 General Multiple Dwelling District Regulations
1. USES PERMITTED
B. Accessory Uses
(7) Anv second accessorv building in excess of 240 square feet shall require a Special Use
Pernut. Properties containin� one-familv dwellings are exempt from the Special Use Permit
and shall be subject to the R-1 District Regulations pertaining to second accessor�buildings.
C. Uses Permitted with a Special Use Permit
(14)Accessory buildinQS, other than the first accessorv building over 240 square feet. Properties
containing one-family dwellinQS are exempt from the Special Use Permit and shall be subiect
to the R-1 District Regulations pertainin� to second accessorv buildinQS.
Section 205.Z3 of the Fridley City Code be hereby amended as follows:
205.23. S-1 Hyde Park Neighborhood District Regulations
4. USES PERMITTED
B. Accessory Uses
(2) Any accessory building in excess of the above requirements (square footage or number of
buildings) requues a Special Use Permit. Properties containin� one-familv dwellin s�ase
except from the Special Use Pemut and shall be subject to the R-1 District Reeulations
nertaining to second accessorv buildin�ss.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY
OF 2004.
SCOTT J. LUND, MAYOR
�
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: March 29, 2004
First Reading: March 29, 2004
Second Reading:
Publication:
�
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 12, 2004
CfTY OF
FRIDLEY
Date: April 6, 2004
To: William Burns, City Manager �� 1"
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Second Reading Of Ordinance To Declare A Certain Parcel Of City Owned
Real Estate Surplus And Authorize The Transfer Thereof M-04-53
INTRODUCTION
In December 2003, the City Council authorized a lot split and land swap that created the
lot on the corner of Ely Street and Ashton Avenue.
The attached ordinance declares the lot as excess property and authorizes the transfer
of title necessary for the HRA to market and sell the property on behalf of the City. The
HRA will be accepting bids for the property and will award the winning bid in June. The
HRA will have any of their costs, associated with disposing of the properly, reimbursed
through the sale proceeds. Additionally, the Planning Division's Account #4340 Service
Contract-Non Professional Services will be reimbursed $507.66 for property taxes
payable in 2004 (these were required to be paid in order to record the deed for the
property).
The Council held a public hearing for, and the first reading of, this ordinance at their
March 29, 2004, meeting.
- STAFF RECOMMENDATION
Staff recommends the Council hold the second reading to declare this property excess
� and authorize the transfer of title to the City of Fridley Housing and Redevelopment
Authority. Disposing of this property will result in a new single-family home and the
resulting property tax benefits.
7
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING
CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF.
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of
Fridley, Anoka County, State of Minnesota, described as follows:
The South 107 feet of Lots 21-24, Block 14, Spring Brook Park,
Anoka County, Minnesota.
SECTION 2. It is hereby determined by the City Council that the City no longer has
any reason to continue to own said property, and the City Council is
hereby authorized to transfer the property to the City of Fridley Housing
and Redevelopment Authority for disposal.
SECTI ON 3. The Mayor and City Clerk are hereby authorized to sign the necessary
contracts and deeds to affect the transfer of the above-described real
estate.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS OF , 2004.
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
First Reading: March 29, 2004
Second Reading: April 12, 2004
Publication: Apri122, 2004
�
SCOTT J. LUND — MAYOR
r�
d
0
�
�
��
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 12, 2004
Wiiliam W. Burns, City Manager
Jack Kirk, Director of Recreation and Natural Resources
April 5, 2004
Donald Savelkoul Donation
To officially recognize the $2,000 donation that Mr. Savelkoul has made to the City of
Fridley and meet his request to use these funds for the benefit of Springbrook Nature
Center, I would recommend that the Fridley City Council consider passing a motion
supporting this action.
I would suggest that a motion could be worded as follows: "Motion to thank Mr.
Donald Savelkout for his generous $2,000 donation to the City of Fridley and
authorize staff to utilize $2,000 from the City's fund balance to support the Nature
Center's current year operating budget." The $2,000 donation will be used toward
the year 2004 revenue goal established for nature center operations, which supports the
programs and services provided by Springbrook Nature Center staff.
Upon approval of this motion, a letter will be drafted and sent to Mr. Savelkoul notifying
him of this City action and thanking him for his donation.
0
Recreation and Natural Resource Department
e
mo
To: William W. Burns, City Manager
From: Jack Kirk, Director of Recreation and Natural Resources -
Date: March 4, 2004
Re: Donald Savelkoul Donation '
The City recently received a letter from Donald Savelkoul referencing $2,000
worth of donations he had given in 1996-97 for improving the Sand Dunes park
area. Since the money was not used to improve or replace the boardwalk at the
Sand Dunes Park, Mr. Savelkoul would now like the money to be used to support
Springbrook Nature Center in 2004.
I have talked with Rick Pribyl about this donation and the City does have a
record of a$1,000 donation from Mr. Savelkoul in both 1996 and 1997. The
money was deposited into the City's general fund, so the dollars would be
accounted for in our current City fund balance.
It is my recommendation that we honor Mr. Savelkoul's wishes by using the
$2,000 to help realize the $103,000 in revenue we need to raise through City
Naturalist program operations this year. This will help us toward our target for
the revenue and meet Mr. Savelkoul's wish of having his donation support
Springbrook.
I would be happy to draft a letter to Mr. Savelkoul thanking him for his generosity
and letting him know that his donation will support the operation of Springbrook
Nature Center in 2004. Let me know if taking this approach is a workable
solution to Mr. Savelkoul's request.
�
0
10
Telpphone
(763)571-3097
DONALD C.SAVELKOUL
916 u/. �(cwre Lake Drive
Fridley. �tinneso[a 5�432
City of Fridley
6431 University Ave NE
` Fridley PZN 55432
� Springbrook Nature Center
10 0 8 5 th Ave NE
Fridley P�N 55432
ti
I J
February�l3, 2004
Re: A$2,000 Gift to Springbrook Nature Center
Dear Sir or Ms:
A few years ago, the City removed the Boardwalk at the Dunes.
For each of the two years preceding such removal, I had given the
City $1,000 for the repair and maintenance of the Dunes. So the
funds I had given the City were never used for the purpose for
which they had been given. (The City of Fridley never acknowledged
my gifts of $2,000).
After the Boardwalk was removed (on the grounds that it was
in a state of c?isrepair), I inquired of the City what had been done
with my $2,000 since the funds were never used for the repair of the
Boardwalk. I was told that the $2,0�0 had been pui in the "Capital
Account".
Since my gift was never used for its stated purpose, it is now
my desire that my $2,000 be given to the Springbrook Nature Center,
and I hereby request that this transfer of funds be made.
With best wishes t� the City and Springbrook Nature Center,
I remain,
Very truly yours,
Dona C. �lkoul
DCS/j cb
c: Mayor Scott Lund
Council Member Bob Barnett
Siah Sinclair, Springbrook Nature Center
11
�
�
CIIY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 12, 2004
TO: William W. Burns, City Manager ���
From: Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Date:
Re:
Apri12, 2004
2004-2005 Liquor License Renewals
The annual liquor license renewals have been reviewed by staff. The establishments have all
provided the necessary insurance, bond and CPA statement and supporting documentation
pertaining to food to liquor sales as required by City Code. After reviewing the supplied
documentatior� it was found that all esta.blishments complied with the City Code requirement of
40% food sales and 60% liquor sales, as shown in attachment 1. After the licenses have received
approval by the City Council, the licenses must then be sent to the Department of Public Safety
for review and approval.
The police review found no issues that would prevent any establishment from receiving a liquor
license. Based on this information, staff recommends approval of the following liquor license
renewals at this time:
AMF Maple Lanes
Broadway Bar & Pizza
Fridley Crab House Music Cafe
Joe DiMaggio's
King's Restaurant
Main Event
Minnesota Sports Cafe
Sandees
Sharx
Stuart Andersons
12
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13
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C(TY 4F
FRIDLEY
Name
Jason
Rustman
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 12, 2004
Position
Ass't Liquor
Store Mgr
Non-exempt
Appointment
Starting
Salarv
$16.45
per hour
14
Starting
Date
Apr. 13,
2004
Replaces
New
position
a
e
� AGENDA ITEM
COUNCIL MEETING OF APRIL 12, 2004
CITl( 4F
FRIDLEY
CLAIMS
115959 -116147
15
�
�
CffY OF
FR.IDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 12, 2004
LICENSES
Tvpe of License B�
3.2% MALT LIQUOR
4 Corner's Gas & Convienience
1301 Mississippi St Steven Haw
Fridley, MN 55432
Cub Foods James Stoffel
246 57th Ave NE
Fridley, MN 55432
Oasis Market Pau1 Moody
6101 University Ave NE
Fridley, MN 55432
Sam's Club #6310 David Bullington
8150 University Ave NE
Fridley, NIN 55432
Super America #4175 Ronald Edmiston
5667 University Ave NE
Fridley, MN 55432
Super America #4199 Ronald Edmiston
7299 Highway 65 NE
Fridley, MN 55432
Super America #207 Ronald Edmiston
7449 Easr River Rd NE
Fridley, MN 55432
Taste of Thailand Lamphay Phetphrachanh
7990 University Ave NE
Fridley, MN 55432
�7
Approved By:
Public Safety
Fire Inspector
City Clerk
Public Safety
Fire Inspector
City Clerk
Public Safety
Fire Inspector
City Clerk
Public Safety
Fire Inspection
City Clerk
Public Safety
Fire Inspector
City Clerk
Public Safety
Fire Inspector
City Clerk
Public Safety
Fire Inspector
City Clerk
Public Safety
Fire Inspector
City Clerk
Fees: �
$60
$60
$60
$60
$60
$60
$60
�
$325
� 1
. .
�
I J
LICENSES (CONTINUED)
Tvue of License �
MANAGERIAL LIQUOR DISPENSING
AMF Maple Lanes Christopher Caesar
6310 Highway 65 NE
Fridley, MN 55432
Broadway Bar & Pizza Micha.el Schrauth
8298 University Ave NE
Fridley, MN 55432
Fridley Crab House Music Cafe
6161 Highway 65 NE Ray Reed
Fridley, MN 55432
King's Restaurant Suki Lewandowski
1051 E Moore Lake Dr
Fridley, MN 55432
MN Sports Cafe Perry Coonce
7651 North Highway 65
Fridley, MN 55432
Main Event Robert Chaput
7820 University Ave NE
Fridley, MN 55432
Sandee's Gary Braam
6490 Central Ave NE
Fridley, Mn 55432
Sharx Sports Bar & Nightclub
3720 East River Rd Richazd Defoe
Fridley, MN 55421
Stuart Andersons Cattle Company
5696 University Ave NE Patrick Kelvie
Fridley, MN 55432
FOOD
4 Corner's Gas & Convienience
1301 Mississippi St Steven Haw
Fridley, MN 55432
AMF Maple Lanes Christopher Caesaz
6310 Highway 65 NE
Fridley, MN 55432
17
Auproved Bv:
Public Safety
Public Safety
Public Safety
Public Safety
Public Safety
Public Safety
Public Safety
Public Safety
Public Safety
Public Safety
Fire Inspector
Community Devlopment
Public Safety
Fire Inspector
Community Development
Fees:
$10
$10
$10
$10
$10
$10
$10
$10
$10
$45
$45
LICENSES (CONTINUED)
Tvpe of License �
FOOD (CONTINUED)
Bosnian Supermarket Fatima Hoso
6253 University Ave NE
Fridley, MN 55432
Broadway Baz & Pizza
8298 University Ave NE
Fridley, MN 55432
Burger King
289 57�' Ave NE
Fridley, MN 55432
Domino's Pizza
7510 University Ave NE
Fridley, MN 55432
Dunn Bros.
7610 University Ave NE
Fridley, MN 55432
Fridley A & W
7429 East R.iver Rd
Fridley, MN 55432
Fridley Alano Society
5925 University Ave NE
Fridley, MN 55432
Fridley Amoco Goodyear
7680 Highway 65
Fridley, MN 55432
Michael Schrauth
Approved By:
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Asha Nathe Public Safety
Fire Inspector
Community Development
William Graves
Public Safety
Fire Inspector
Community Development
Scott Winer Public Safety
Fire Inspector
Community Development
George Bichler
Richard Pederson
Susan Nelson
Fridley Crab House Music Cafe
6161 Highway 65 NE Ra.y Reed
Fridley, MN 55432
Fridley Food & Fuel George Fleifel
8100 East River Rd
Fridley, MN 55432
Fridley VFW Post 363
1040 Osbome Rd NE
Fridley, MN 55432
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspectar
Community Development
Public Safety
Fire Inspector
Community Development
Ron Saba Public Safety
Fire Inspector
Community Development
18
Fees:
$45
$45
$45
$45
$45
$45
$45
$45
$45
$45
$45
,. .
. �
�,
LICENSES (CONTINUED)
Tvpe of License �
FOOD (CONTINUED)
Holiday Sta.tionstore #118 Donavan Erickson
200 57th Ave NE
Fridley, MN 55432
� Holiday Stationstore #188 Donavan Erickson
5695 Hackmann Ave NE
� Fridley, MN 55432
Hong Kong Kitchen Karen Kwan
6562 University Ave NE
Fridley, MN 55432
King's Restaurant Suki Lewandowski
1051 E Moore Lake Dr
Fridley, MN 55432
� �►
I �
McDonald's Mark Wheeldon
8100 University Ave NE
Fridley, MN 55432
McDonald's Mazk Wheeldon
244 57�' Ave NE
Fridley, MN 55432
Main Event Robert Chaput
7820 University Ave NE
Fridley, MN 55432
Mike's Discount Foods Michael Abernathy
230 Osborne Rd NE
Fridley, MN 55432
MN Sports Cafe Perry Coonce
7651 North Highway 65
Fridley, MN 55432
Oasis Mazket Paul Moody
6101 University Ave NE
Fridley, MN 55432
Oriental House Paul Gasao
5865 University Ave NE
Fridley, MN 55432
I�']
Approved Bv:
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Fees:
$45
$45
$45
$45
$45
$45
$45
$45
$45
$45
$45
LICENSES (CONTINUED)
Tvpe of License B�
FOOD (CONTINUED)
Paisley's Brew Joelee Luna
7891 East River Rd
Fridley, MN 55432
Papa Murphy's Take N Bake Steve Oh
205 57�' Ave NE
Fridley, MN 55432
Perkins Resta.urant & Bakery
7520 University Ave NE
Fridley, MN 55432
Ricky's Embers America
5400 Central Ave NE
Fridley, MN 55432
Sandee's
6490 Central Ave NE
Fridley, Mn 55432
Joseph Rickenbach
Approved Bv:
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Gary Braam Public Safety
Fire Inspector
Community Development
Sharx Sports Baz & Nightclub
3720 East River Rd Richard Defoe
Fridley, MN 55421
Seoul Oriental Foods
1071 E Moore Lake Dr
Fridley, MN 55432
Snyder's Drug Store #5018
6582 University Ave NE
Fridley, MN 55432
South Asian Foods
765 53rd Ave NE
Fridley, MN 55432
Stop-N-Save
7598 Highway 65
Fridley, MN 55432
Sungsoo Choi
Carol Fillyaw
Mehboob Momin
Shranjit Singh
Stuart Andersons Cattle Company
5696 University Ave NE Patrick Kelvie
Fridley, MN 55432
�
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Fees:
$45
$45
$45
$45
$45
$45
$45
$45
$45
$45
$45
�
�
� �
.,
.
� .
�
LICENSES (CONTINUED)
Tvpe of License �
FOOD (CONTINUED)
Subway @ Moore Lake Peggy Schmitz
1091 E Moore Lake Dr
Fridley, MN 55432
The Sunshine Place Restaurant & Conf. Center
5201 Central Ave NE
Fridley, MN 55432
Super America #4175 Ronald Edmiston
5667 University Ave NE
Fridley, MN 55432
Super America #4199 Ronald Edmiston
7299 Highway 65 NE
Fridley, MN 55432
Super America #207 Ronald Edmiston
7449 Easr River Rd NE
Fridley, MN 55432
Super Stop Jamuna Mahindru
5300 Central Ave NE
Fridley, MN 55421
Taco Bell Lee Engler
7295 University Ave NE
Fridley, MN 55432
Taste of Thailand Lamphay Phetphrachanh
7990 University Ave NE
Fridley, MN 55432
University Sinclair Michael Johnson
6071 University Ave NE
Fridley, MN 55432
Walgreen's #04697 Margarita. Kellen
6525 University Ave NE
Fridley, MN 55432
Wal-Mart Matthew Bagley
8450 University Ave NE
Fridley, MN 55432
21
Approved Bv•
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Fees:
$45
$45
$45
$45
$45
$45
$45
$45
$45
$45
$45
LICENSES (CONTINUED)
Tvpe of License �
FOOD (CONTINUED)
Wendy's Old Fashioned Hamburgers
76014 Hwy 65 NE Richard James
Fridley, MN 55432
Wong's Gourmet Lisa Chen
1254 E Moore Lake Dr
Fridley, MN 55421
Zantigo
255 57th Ave NE
Fridley, MN 55432
Donald Kaelble
RETAIL GASOLINE
4 Corner's Gas & Convienience
1301 Mississippi St Steven Haw
Fridley, MN 55432
Fridley Amoco Goodyear
7680 Highway 65
Fridley, MN 55432
Fridley Food & Fuel
8100 East River Rd
Fridley, MN 55432
Holiday Stationstore #118
200 57th Ave NE
Fridley, MN 55432
Holiday Stationstore #188
5695 Hackmann Ave NE
Fridley, MN 55432
Oasis Market
6101 University Ave NE
Fridley, NIN 55432
Stop-N-Save
7598 Highway 65
Fridley, MN 55432
Super America #4175
5667 University Ave NE
Fridley, MN 55432
Susan Nelson
George Fleifel
Donavan Erickson
Donavan Erickson
Approved Bv:
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Devlopment
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Paul Moody Public Safety
Fire Inspector
Community Development
Shranjit Singh
Ronald Edmiston
22
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Fees:
$125
$45
$45
$60
$60
$45
$60
$60
E� • �
$60
$60
�
s
�
,
LICENSES (CONTINUED)
Tvpe of License �
RETAIL GASOLINE (CONTINUED)
Super America #4199 Ronald Edmiston
7299 Highway 65 NE
Fridley, MN 55432
�' Super America #207
7449 Easr River Rd NE
_ Fridley, MN 55432
� r
Super Stop
5300 Central Ave NE
Fridley, MN 55421
Taste of Thailand
7990 University Ave NE
Fridley, MN 55432
University Sinclair
6071 University Ave NE
Fridley, MN 55432
PRIVATE GAS PUMP
Determan Brownie, Inc
1241 72°d Ave NE
Fridley, MN 55432
Ronald Edmiston
Jamuna Mahindru
Lamphay Phetphrachanh
Michael Johnson
Thomas Determan
TOBACCO
4 Corner's Gas & Convienience
1301 Mississippi St Steven Haw
Fridley, MN 55432
A & A Tobacco Unlimited
6548 University Ave NE
Fridley, MN 55432
Broadway Bar & Pizza
8298 University Ave NE
Fridley, MN 55432
Fridley Amoco Goodyear
7680 Highway 65
Fridley, MN 55432
Apuroved Bv:
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Devlopment
Asad Khalil Public Safety
Fire Inspector
Community Development
Michael Schrauth
Susan Nelson
23
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Fees •
$60
$60
$60
$60
$45
$30
$125
$125
$125
$125
LICENSES (CONTINUED)
Tvpe of License �
TOBACCO (CONTINUED)
Fridley Crab House Music Cafe
6161 Highway 65 NE Ray Reed
Fridley, MN 55432
Fridley Food & Fuel
8100 East River Rd
Fridley, MN 55432
Holiday Sta.tionstore #118
200 57th Ave NE
Fridley, MN 55432
Holiday Sta.tionstore #188
5695 Hackmann Ave NE
Fridley, MN 55432
1Vlain Event
7820 University Ave NE
Fridley, MN 55432
Oasis Market
6101 University Ave NE
Fridley, MN 55432
George Fleifel
Donavan Erickson
Donavan Erickson
Robert Chaput
Apuroved Bv:
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Paul Moody Public Safety
Fire Inspector
Community Development
Sharx Sports Bar & Nightclub
3720 East River Rd Richazd Defoe
Fridley, MN 55421
Snyder's Drug Store #5018 Carol Fillyaw
6582 University Ave NE
Fridley, MN 55432
South Asian Foods
765 53rd Ave NE
Fridley, MN 55432
Stop-N-Save
7598 Highway 65
Fridley, MN 55432
Super America #4175
5667 University Ave NE
Fridley, MN 55432
Mehboob Momin
Shranjit Singh
Ronald Edmiston
24
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspectar
Community Development
Fees:
$125
$45
$125
$125
$125
$125
$125
$125
$125
$125
$125
�
_ �
�. �
LICENSES (CONTINUED)
Tvue of License �
TOBACCO (CONTINUED)
Super America #4199 Ronald Edmiston
7299 Highway 65 NE
Fridley, MN 55432
� Super America #207
� 7449 Easr River Rd NE
_ Fridley, MN 55432
� ±
�
Super Stop
5300 Central Ave NE
Fridley, MN 55421
Taste of Thailand
7990 University Ave NE
Fridley, MN 55432
University Sinclair
6071 University Ave NE
Fridley, MN 55432
Walgreen's #04697
6525 University Ave NE
Fridley, MN 55432
Wal-Mart
8450 University Ave NE
Fridley, MN 55432
Ronald Edmiston
Jamuna Mahindru
Lamphay Phetphrachanh
Michael Johnson
Mazgarita Kellen
Matthew Bagley
BILLIARDS
Fridley Crab House Music Cafe
6161 Highway 65 NE Ray Reed
Fridley, MN 55432
Main Event
7820 University Ave NE
Fridley, MN 55432
MN Sports Cafe
7651 North Highway 65
Fridley, MN 55432
Robert Chaput
Perry Coonce
Sha� Sports Baz & Nightclub
3720 East River Rd Richard Defoe
Fridley, MN 55421
25
Approved Bv:
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Fees:
$125
$125
$125
$125
$125
$125
$125
$50
$50
$40
$70
LICENSES (CONTINUED)
Tvpe of License �
BOWLING ALLEYS
AMF Maple Lanes Christopher Caesaz
6310 Highway 65 NE
Fridley, MN 55432
CHARITABLE GAIVIBLING
AMF Maple Lanes Christopher Caesaz
6310 Highway 65 NE
Fridley, MN 55432
Broadway Bar & Pizza Michael Schrauth
8298 University Ave NE
Fridley, MN 55432
Fridley Crab House Music Cafe
6161 Highway 65 NE Ray Reed
Fridley, MN 55432
Fridley VFW Post 363 Ron Saba
1040 Osbome Rd NE
Fridley, MN 55432
MN Sports Cafe Perry Coonce
7651 North Highway 65
Fridley, MN 55432
Main Event Robert Chaput
7820 University Ave NE
Fridley, MN 55432
Sandee's Gary Braam
6490 Central Ave NE
Fridley, MN 55432
Sharx Sports Bar & Nightclub
3720 East River Rd Richard Defoe
Fridley, MN 55421
REFUSE HAULERS
Armor Waste Systems Wayne Schmidt
3291 Temunal Dr
Eagan, MN 55121
Aspen Waste Systems Marvin Vikla
2951 Weeks Ave SE
Minneapolis, MN 55414
26
Approved Bv:
Public Safety
Fire Inspector
Community Development
Public Safety
City Clerk
Public Safety
City Clerk
Public Safety
City Clerk
Public Safety
City Clerk
Public Safety
City Clerk
Public Safety
City Clerk
Public Safety
Fire Inspector
City Clerk
Public Safety
City Clerk
Public Safety
Community Davelopment
City Clerk
Public Safety
Community Davelopment
City Clerk
Fees:
$350
0.
$300 :
$300
$300
$0
$300
$300
$300
M1
$300
$90
$165
�
LICENSES (CONTINUED)
Tvpe of License �
MOTOR VEHICLE BODY REPAIIt
ABR.A Auto Body & Glass Duane Rouse
7710 University Ave NE
Fridley, MN 55432
MAACO
-� 148 Osborne Rd NE
; Fridley, MN 55432
� Sam's Auto World
7570 Highway 65 NE
Fridley, NIN 55432
JUNK YARDS
Central Auto Parts
1201 73 '/2 Ave NE
Fridley, NIN 55432
Copart Auto Auctions
3737 East River Rd
Fridley, MN 55432
Sam's Auot Parts
3737 East River Rd
Fridley, MN 55432
Randall Olchefske
Samir Awaijare
Jerry Haluptzok
Paul Styer
Barry Hoosline
USED MOTOR VEHICLE DEALER
A-E Auto Sa1es Samir Awaijane
990 Osborne Rd
.� Fridley, MN
s-
Copart Auto Auctions
3737 East River Rd
Fridley, MN 55432
Motor Valet, Inc
5649 University Ave NE
Fridley, MN 55432
PAWN SHOPS
Cash-N-Pawn
201 57�` Ave NE
Fridley, MN 55421
Paul Styer
John Pomaville
Alan Cross
27
Approved BV:
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Public Safety
Fire Inspector
Community Development
Building Inspector
Public Safety
Fire Inspector
Community Development
Building Inspector
Public Safety
Fire Inspector
Community Development
Building Inspector
Public Safety
Community Development
Public Safety
Community Development
Public Safety
Community Development
Public Safety
Fees:
$150
$150
$150
$350
$350
$350
$150
$150
$150
$3,000
LICENSES (CONTINUED)
Tvpe of License �
MASSAGE CERTIFICATE
Bridget Wickstrom Bridget Wickstrom
1720 124�' Ave NW
Coon Rapids, MN 55448
28
Apnroved Bv:
Public Safety
Fees •
No Fee
�
�
�
AGENDAITEM
City Council Meeting Of Monday, April 12, 2004
City of
Fridley
General Contractor-Commercial
�
Almeida Bob Inc.
15711 Nightingale St NW
Andover MN 55304-
�
�
Bob Almeida
29
Approved Bv•
Ron Julkowski
Building Official
�
�
C(TY OF
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
AP RI L 12, 2004
William W. Burns, City Manager „�]� 1�
��r
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Apri18, 2004
Public Hearing to Amend Chapter 7 of the Fridley City Charter
The Fridley Charter Commission has proposed an amendment to the City Charter by recommending the
amendment to the City Council by ordinance, as shown in Attachment 1. The ordinance proposes to
amend the City Charter by removing water, storm water, sanitary sewer and recycling fees/charges from
Section 7.02.03.A, the section defining fees and replacing them in Section 702.03.B, the section defining
which fees are not included. On March 29, 2004 the City Council adopted Resolution 2004-26 re-
scheduling a public hearing to this evening. The public hearing notice was published in the Fridley Surr
Focus on April 1 and 8th, as required by the Fridley City Charter.
Some of the reasons for the proposed change as presented to the public on February 10, 2004, in a public
forum, which was also televised several times, axe:
The City currently does not fully recover its costs for providing these services. These charges/fees
are really "pass-through" charges. The practice of the City is to only recover its costs in providing
water, sanitary sewer, storm water and recycling services, and it does not make a profit.
The restrictions on increases in these charges is an unintended outcome of the charter amendment
passed by the voters in November 2000. That change was intended to restrict actions by the City
Council to substantially increase services and costs paid by taxpayers beyond the rate of inflation,
and not to impose other taxes upon residents by adding sales taxes or "franchise fees" on top of
uti.lity charges. It was not intended to cover pass-through type charges.
In order to increase costs beyond the rate of inflation (currently at 1.8%), the City Council must
submit a proposal to be voted on in the next general election. This is a very cumbersome process
which typically requires a long lead time. Also, the standard for obtaining voter approval is quite
high, requiring a 51% approval by all persons voting in the election (not just on the issue).
Water and sewer costs are increasing due to a number of outside factors beyond the control of the
city. These include: federal mandates that impose increasingly higher standards for water and
sewer, higher sewer disposal charges imposed by the Metropolitan Council Environmental Services
agency responsible for the overall sewage disposal in the Twin Cities area, and ongoing emergency
repairs and maintenance of the system's infrastructure.
�
t
�
�
�
Recycling fees are merely a"pass-through" of contracts for services that are re-bid every two years;
and are subject to market conditions These costs typically vary due to changes in prices and the
money collectors receive for bottles, cans, paper, etc, that are collected.
The ordinance was sent to the Charter Commission attorney for her review. Review of the amendment
indicated the language of the proposed amendment is an appropriate action, as shown in Attachment 2.
Staff recommends holding a public hearing on the ordinance.
31
Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 7.02, POWER OF T�TION, OF THE
FRIDLEY CITY CHARTER
The Fridley City Council hereby finds after review, examination and recommendation of the
Charter Commission that Section 7.02, Power of Taxation, of the Fridley City Charter be hereby
amended and ordain as follows: -
Fridley City Charter
Cha.pter 7. Taxation and Finances
Section 7.02 POWER OF TAXATION
3. Any other fees created, or increased beyond the limits set forth in subsection 1, sha11 require
voter approval as stipulated in subsection 2.
A. For the purposes of this subsectnn, "fees" includes sales and use taxes, utility
charges (other than water, storm water and sanitary sewer), , gas
and electric franchise fees and any other fee that produces a tax burden or direct
financial obligation for all property owners and/or residents of Fridley. (Ref Ord
1152)
;
B. For the purposes of this subsection, the term "fees" does not include: Water, storm
water and sanitary sewer charges; recvcling fees; Parks and Recreation
Depariment participation fees, charges for photo-copying, sales of municipalliquor
store products, or civil and criminal fines and other charges collected in cases of
restitution or violation of law or contract. The term "fees" also does not include
rental housing fees, building permit fees, liquor license fees, the extension or transfer
of cable television service authority to additional service providers for which fees are
already being charged, fees for the operation of junk yards, annual license fees for
the operation of pawn shops and other regulated business, and any other charge for
services, including health and safety related Code enforcement, and other goods,
services or materials routinely provided by the City to its citizens or other members
of the public which, by law, must be limited to the actual cost of the service being
provided. The term "fees" shall not include any special assessments made under
Minnesota Statutes Section 429. (Ref Ord 1152) �
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS -
DAY OF 2004.
ATTEST:
Debra A. Skogen, City Clerk
32
Scott J. Lund, Mayor
��
�AR-Z2-2004 05:10P� FRO�-TERPSTRA BLACK & UOORE +763-441-09D1 t-960 P.001/004 F-238
Terpslro, Black & Moare, Li�d.
Ranald G. Bladc
E�'izabeih K Moore
James A. Bumgardner
Rhanda J. Magnussen
John W. Terpstra jRetired)
�t,� o. +-�dfs�
Ftrst Natienaf
Financial Centar
812 Main Straef
Svite 102
Elk River, MN 55330
Phona
7b3.d41.7040
�
763.441.0901
DAT�:
TO:
Facsrnniz�:
FROM:
FACSlM{LE
a�h 22� �o o�
�' . S
��31�� 1-- fz �t 7��� �o�- �-�7Z-
�i r� n.�G�' Y� �. �Ul(,?�V'�i
NUMB�ER OF PAG�S, IN�LUDING C�VF.�t SHEET: �
[F TRANSMISSIaN PROBLEMS OCCUR, OR YOU AR� NOT
THE 1NTENDED RECIPIENT,
PLEAS� CALL t763� 441-7040.
M�SSAGE:
ORIGINAI.: � Serrt via U.S. Mail
Sent via �vernight Mail
Not Mail$d
33
a..�e+rm�anarax
�AR-22-2004 05:1OP� FRO�-TERPSTRA BLACK & �OORE
%rpstra, Block & Moore, t�d.
RAnald G. Biodc
Elizabeth iC. Moore
lames A. Bumgardner
itl�onda �. lJ�ognttssen
John W. Terpstra (Retiredl
Ethne O. Hedcen
Frst N+xfianal
Fina�ial Cenfer
812 Ma i n Sireet
Suiie 1 Q2
Elk River, MN 55330
Phone
763.441.7040
FaX
763.Rl41.09Qi
+763-441-0901
March 22, 2004
T-980 P.002/004 F-239
SENT VlA FACSiMiLE AND U.S. MAlL
7631571-7 287
Ms. Debra A. Skogen
City Clerk
Fridley Municipaf Center
6431 University Aven�e N.E.
Fridley, MN 55432
Re: Co�aspondence dated March 9, 2Qa4JAmendmerrt to C'�ty
Charter
Dear Ms. Skogen:
Thank you for your correspondence dated March 9, 2004. Please note
that i have taken the liberty of requesting that our associate attomey,
�thne 0. Hedren complete the research praject as outlined in the above-
stated correspvndence.
Attached, please find her opinion relative to the same.
Please feet free to contact either myself or Ms. Hedren, should you have
qussti�ns cr concerns. Thank you.
34
SinCeCe{y,
TERPSTRA, Bt�,CK & MOOR�, L7D.
,
: ,
Eliza et K. Moore
EKM:jf
Enctosures
0
�
�
�
�
MAR-22-2004 U5:lOP� FR01�-TERPSTRA BLACK & �OORE
7et'psiTa� Blpck 8c Mooi'er Ltd.
Ronaid G. Black
Eliwl�eth K. Moore
lames A. Bumgardnet
Rhonda J. Magnussan
lahn W. Terpstra �Retired}
Erhne O. Hedren
First National
Financial Cenfer
812 Main Street
5vite 102
Elk R'rver, MN S5330
+763-441-0901
March 22, 2a04
T-980 P.003/004 F-239
SF.(�IT VIA FQCSIMIlE QND U.S. MAIL
7631571-1287
Ms. Deb�a A. Skogen
City Clerk
Fridiey Municipal Center
fi431 University Aver�ue N.E.
�fidiey, MN 55432
Re: Correspondence dated March 9, 2004/Atnendrnent to C'rty
Charter
Dsar Ms. Skogen:
ln accordance with your requesx, I have reviewed an ORDINANCE
designed to amend the F�idtey Charter as weli as tlie laws of Minnesots
appiicable to such amenciment.
As i understand it, fihe proposed ORDINANCE would amend the C'rty
Charter Chapter 7, Sectians �.02.03.A and 7.02.03.B. Yhe current
language in those sections includes all utifrty charges and recycling fees
in the definition of "#ees." That 12�ngusge is governed by the
requirements of Section 7.02.02 which requir�s a cumb�rsoms process.
significant ]ead time, and 51 % voter approval. The inclusion of "pass-
through" charges such as water, starm water, sanitary sewer. and
recycl9ng fees is an unintended outcome of the charter amenciment of
Navember 2000. In an attempt to r�medy the negative and uninter�ded
consequences of inetuding "Rass-through" util'ity charges irt the
7.02.03.A definition of "fees," the Charter Comrr�issian has propased an
�RDiNANCE (the ORDINANCE yau requested reviewed) which is
designed t4 eliminate large deficits in these services, eliminate potential
probiems of subsidy to large businesses, to c�rrect the uni�tended
consequence of the November 2000 charter amenrlment, and to permit
the City Council flexibility to deal with unique problems associated with
these services.
The Ianguage of the proposed amendment appears to accomplish your
purposes from s!I dooumentation that has been provided. 1 have
Phone reviewed the Agenda ltem C'rty Council Meeting of March 8, 2004, the
�63,e.al,�oap February 10, 2004, Charter Cammission Qpen Fon�m PowerPoint
presentation, and the correspondence dated March 9, 2004, received
from C'rty C1erk, Ms. D�bra 5kogen, and believe that the agenda of the
Fax Charter Commission and the �easons behi�d this proposed amendment
�bs.�e.a�.ovo� are satisfied with this tanguage.
35
�AR-22-2004 05:11P� FRO�-TERPSTRA 6LACK ��OORE +763-441-0901 T-98D P.D04/OD4 F-236
Ms. Debra A. Skogen
Ma�ch 22, 2004
Page 2
in addition, I have reviewed MinnesQta Statutes, the Constitution af the State of Minnesota,
Legislative Session Laws, Atto�ney General Opinions and appropriate up�ates ar�d can �ind rto
reason based in these sources that the l�nguage in this proposed amendment, and the actian by
this QRQINANACE, woutd not be considered an appropriate action.
In summary, review of the dvcumentation pravided ir�dicates that the langua�e af the proposed
amendment by this ORDINANCE is an apprapriate action. Also, rt appears there is no legai rsasan
the proposed language would be inappropriate, and i# appears oansistent with the Eaws �# the
�tate of Minnesata.
If you have any further cancerns or questions, piease do not hesitate to contact me.
Sincerely,
T�RPSTRA, BL4CK & M40RE, LTD.
����� �
Ethne O. Hedren
EOH:jIv
�
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 12, 2004
cmr aF
FRIDLEY
� Date: April 8, 2004 �
� To: Wiiliam Burns, City Manager ���
�
�-
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Plat Request, PS #04-01 and First Reading of an ordinance for Rezoning,
ZOA #04-01, John DeMello, Profitmax Inc.
M-04-55
COUNCIL ACTION
At the March 29, 2004, City Council meeting, a motion to deny plat request #04-01 and
rezoning request #04-01 was tabled to allow city staff time to prepare a resolution
reflecting Council's concerns. The resolution has been attached.
RECOMMENDATION
Staff recommends that Council remove these items from the table, and vote on each
independent item.
37
RESOLUTION
A RESOLUTION OF THE CITY OF FRIDLEY DENYING THE APPLICATION OF JOHN
DEMELLO, PROFITMAX INC., BY OR ON BEHALF OF SPRING VALLEY ESTATES FOR
THE REZONIl�TG OF CERTAIN PROPERTY TO S-2 AND REQUESTING THE
REPLATTING OF THAT SAME PROPERTY FOR THE CREATION OF A HIGH DENSITY
CONDOMINNM DEVELOPMENT.
WHEREAS, John Demello, Profitmax Inc. is the Fee and or Equitable Owner of certain real
estate (hereinafter "the Parcel") located in the City of Fridley, Minnesota, located approximately
at or near the corner of Mississippi Street and Central Avenue in that City; and
WHEREAS, John Demello, Profitmax Inc., made an application to the City of Fridley for the
rezoning of the aforesaid real estate to S-2 for the purpose of developing on the site a
condominium complex; and
WHEREAS, as part of the application process, John Demello, Profitmax, Inc. (hereinafter, "the
Developer") submitted a development plan to the City, a copy of which is incorporated herein by
reference; and
WHEREAS, the Developer, or its agents and representatives, spent many hours discussing the
elements of the plan with the City's staff; and
WHEREAS, in addition to requesting a rezoning of the parcel, and as part of its application
process, the Developer has requested a replatting of the Parcel; and
WHEREAS, on February 18, 2004, the Planning Commission of the City of Fridley conducted a
public hearing on the issue of both the rezoning and replatting of the Parcel
WHEREAS, on March 8, 2004, the City Council of the City of Fridley conducted a public
hearing on the question of the rezoning and replatting of the Parcel; and
WHEREAS, on March 29, 2004, the City Council of the City of Fridley reviewed the
developer's revised 90-unit condominium building with commercial space integrated into that "
residential building. A plan that the developer prepared in an effort to address concerns voiced
by the City Council members, the Anoka County Highway Department, as well as, members of �
the public at the public hearing; and
WHEREAS, at the public hearing conducted by the City Council on March 8, 2004, extensive
testimony was given both by and on behalf of the Developer, as well as members of the City
staff and numerous members of the public; and
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WHEREAS, the City Council of the City of Fridley allowed additional testimony on March 29,
2004, since the elements of the development presented at the March 8, 2004 meeting had been
significantly modified: and
NOW, THEREFORE, BASED UPON THE FOREGOING, BE IT RESOLVED THAT THE
CITY COUNCIL MAKES THE FOLLOWING:
FINDINGS OF FACT
1. The applications for the rezoning and replatting of the Parcel are complete and all
required public hearings on the matter have been concluded.
The modified Development plan provides for 90-units of residential condominium
dwelling and 13,750 s.f. of commercial retail space, which is 19 residential units more
and 330 s.f. more than the previous development proposal
2. The proposal represents a very significant increase in population density in that location
over the density currently at that site.
3. The proposal, when added to the units already approved in an unrelated development
across the street, would significantly increase traffic rates in the neighborhood and would
change the character of the neighborhood from a mix of single family residential and
low-intensity commercial to high density residential.
4. Anoka County raised obj ections regazding traffic access to and from the site on county-
maintained roads and highways. While the Applicant has made meaningful efforts to
address the concerns raised, the City has received no written statement from the County
indicating that it has no further traffic-related obj ections to the proposed development on
the site.
5. Increases in traffic at the site and in the neighborhood would decrease the safety of
pedestrians and motorists in the immediate vicinity of the site.
6. The Development plan provides for setbacks of the parking areas proposed for the
" property that are near the property lines of the Parcel and provide a diminished landscape
- opportunity, as well as provide for a very limited opportunity for on-site snow storage.
�.
7. The nearness of the building and likely snow storage areas to the roadways would likely
impede sight lines of motorists and pedestrians, resulting in an increased safety hazard to
those individuals.
8. The nearness of the building and likely snow storage areas to the roadways would have a
negative aesthetic impact to the neighborhood.
39
9. The height of the proposed structure on the Parcel in the Development plan, particularly
in the 4— story portion of the Development, would significantly block sunlight to, and
impede the view of adjoining residential development more than what they currently
enj oy.
10. The development would adversely affect the quality of life and health of surrounding
residents by blocking direct access to sunlight during much of the daylight hours.
11. The screening and plantings proposed in the development would not be sufficient to _
provide the modest degree of privacy currently enjoyed by adjacent land owners once the _
�
Development were to occur. �
BASED, THEREFORE, UPON THE FOREGOING, THE CITY FURTHER RESOLVES
THAT:
1. It concludes the modified development proposal represents a density and intensity
of use of such a degree as would adversely impact the character of the
neighborhood in which it would be located.
2. It concludes that the modified development proposal would adversely impact the
health and safety of the neighborhood surrounding, as well as the City residents
and members of the public that would be using the adjoining highways and roads.
The application of the Developer is, therefore, DENiED.
Passed this 12th Day of April, 2004.
Mayor
40
Attest:
�
� AGENDA ITEM
aTMaF CITY COUNCIL MEETING OF APRIL 12� 2004
FRIDLEY
INFORMAL STATUS REPORTS
41