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10/25/2004 - 4581� � � CffY OF FRI�LEY FRIDLEY CITY COUNCIL MEETING OF OCTOBER 25, 2004 7:30 p.m. - City Council Chambers Attendance Sheet Please �rint name address and item number vou are interested in. I li li � � CITY COUNCIL MEETING OF OCTOBER 25, 2004 CITY OF FRIDLE1f 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 a�iliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Fridley City Band PROCLAMATION: Values First Month — November, 2004 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 27, 2004 City Council Meeting of October 4, 2004 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 25 2004 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Resolution to Vacate an Existing Drainage and Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2"d Addition, Generally Located at 1419 Danube Road (Ward 2) (Tabled September 13, 2004) ............................................................. 1- 4 2. Resolution Approving a Subdivision, Plat, PS #03-05, Generally Located at 1419 West Danube Road (Ward 2) (Tabled September13, 2004) ......................................................................................... 5- 6 NEW BUSINESS: 3. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (1Nard 2) ............................. .................................. 7- 11 .............. 4. Receive the Minutes from the Planning Commission Meeting of October 7, 2004 ................................................ ........ 12 - 21 ....................... 5. Resolution to Vacate an Unimproved Portion of 53rd Avenue, Generally Located at 5351 Central Avenue N.E. (Vacation Request, SAV #04-02, by Menard, Inc.) (Ward 1) ....................................................................:................................. 22 - 27 il �1 i� I� � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 25 2004 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: 6. Resolution Certifying Certain Delinquent Utility Services to the County Auditor for Collection withthe 2005 Taxes ........................................................................................... 28 - 38 7. Resolution Authorizing Changes in Appropriations for the 2004 Budget for January through October, 39 _ 41 2004 .............................................................................................. 8. Resolution Appointing Additional Election Judges for the 2004 General Election 42 - 43 ............................................................................ 9. Claims ............. 44 .......................................................................................... 10. Licenses 45 - 48 ....................................................................................................... 11. Estimates ....................................................................................................... 49 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF OCTOBER 25 2004 PAGE 4 PUBLIC HEARING: 12. Consideration of Proposed Assessment for 2004 Nuisance Abatement (Continued October4, 2004) ........................................ ................... 50 - 51 ..................................... OLD BUSINESS: � 13. Resolution Adopting the Assessment for the 2004 Nuisance Abatement (Tabled October4, 2004 ................................................................................................. 52 - 54 NEW BUSINESS: 14. First Reading of an Ordinance of the City of Fridley, Minnesota, Amending Chapter 30 of the Fridley City Code by Imposing Additional Requirements on Licensed Organizations Conducting Lawful Gambling Withinthe City .................................................................................................... 55 - 6.3 15. Resolution to Vacate an�Unimproved Portion of Carlton Street, Generally Located at 1420 Rice Creek Road N.E., and an Unimproved 12-Foot Alley Way on the Northeast Side of the Property Located at 1420 Rice Creek Road N.E. (Vacation, SAV #04-03, by Yoava Klucsar) (Ward 2) ........................................................... 64 - 69 � 16. Preliminary Plat Request, PS #04-05, by Yoava Klucsar, to Divide One Single Family Lot into Two Single Family Lots, Generally Located at 1420 Rice Creek Road N. E. (Ward 2) .............................................. 70 - 74 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 25 2004 PAGE 5 NEW BUSINESS (CONTINUEDI: 17. Resolution of the Fridley City Council about the Springbrook Nature Center ................................................................ 75 - 77 � 18. Informal Status Reports ��"""' 78 ......................................................................... ADJOURN. i � � � � � i � � _� / Values First Month November, Zoo4 WHEREAS, Values First was formed in 1994 by local leaders to foster collaborative efforts by building relationships and networks to support healthy families and communities and to develop a safe and stable environment for children; and WHEREAS, Values First's framework for the establishment of goals includes encouraging community members to embrace and demonstrate the seven core community values in their daily lives: responsibility, non-violence, self-control, citizenship, integriiy, respect and caring; and WHEREAS, Values First promotes the 40 Developmental Assets of Search Institute which are the building blocks of healthy development that heip young people grow up to be healthy, caring and responsible; and WHEREAS, Values First includes representation from the community at large, businesses, senior citizens, faith communities, youth organizations, schools, community organizations, and city and county government. NO W THEREFORE, Mayor of the City o� November, 2004, as in the City of Fridley. BE IT RESOVLED, that I, Fridley, do hereby proclaim Values F"irst Month Scott J. Lund, the month of IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley io be affixed this 25th day of October, 2004. Scott J• Lund, Mayor CITY OF FRIDLEY CITY COUNCIL MEETING SEPTEMBER 27, 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-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director Rebecca Brazys, Recording Secretary Fritr Knaak, City Attorney PROCLAMATION: Fire Prevention Week: October 3— 9, 2004 Mayor Lund presented Fire Marshal Ralph Messer with this proclamation. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council meeting of September 13, 2004. APPROVED _ NEW BUSINESS: 1. Resolution No. 2004-53 Approving a Plat, PS #04-02, Capretr Addition, by John F. and Sandra K. Capretz, for the Purpose of Creating Two Single Family Lots, Generatly Located at 7335 East River Road NE (Ward 3). FRIDLEY CITY COUNCIL MEETING SEPTEMBER 27 2004 Pa e 2 of 14 Dr. Burns, City Manager, stated this request will create two lots out of one. it was unanimously approved by the Planning Commission on May 24 with the following twelve stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Property owner of record at time of building permit application shall obtain a permit from Anoka County for any work done within the county right-of-way. 5. Petitioner to properly maintain Lot No. 1 until sale occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. 9. Each property shall have their own access onto East River Road, defined and separated with B6-18 curb drops and aprons. 10. Access to lots 1 and 2 shall be made within 30 feet of their common property lines. 11. Property owner of record at time of building permit application to obtain residential access permit from Anoka County Highway Department for the new access to Lot 1. 12. Each property shall be accessed through proper, legal driveways. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-53. 2. Resolution Extending the Term of the Southern Anoka County Community Consortium Joint Powers Agreement. Dr. Burns, City Manager, stated Fridley has been a part of the Southern Anoka County Community Consortium since the early 90's. SACCC has sponsored the Values First Program and served as a discussion forum for Fridley and Columbia Heights city and school district representatives. Hilltop has also been a member and participant. The resolution asks Council to commit to membership for another finro years at an annual cost of $5,782. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING. SEPTEMBER 27, 2004 Paqe 3 of 14 3. Approve Renewal of Contract for Towing, Storage and Impounding of Vehicles between the City of Fridley and Shorty's Heavy Duty Wrecker Service, Inc. Dr. Burns, City Manager, explained staff recently sought quotes for towing services. The quotes received from three companies were similar and competitive. Since the City has a long history of satisfactory service from Shorty's, staff is recommending that the City enter into a finro-year contract with Shorty's that will expire December 31, 2006. APPROVED THE CONTRACT BETWEEN THE CITY OF FRIDLEY AND SHORTY'S HEAVY DUTY WRECKER SERVICE, INC. 4. CLAIMS: 118278 —118546 APPROVED. 5. LICENSES: Dr. Burns, City Manager, stated that Applebee's license request should not be approved at this time. APPROVED THE REMAINING LICENSES. MOTION by Mayor Lund, seconded by Councilmember Bolkcom, to approve the 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 Bolkcom, seconded by Councilmember Wolfe, to adopt the agenda with the addition of Item No. 2. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on agenda —15 minutes Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., stated he received a letter from Julie Jones regarding the recycling issues he had questioned at previous meetings. He received the letter Friday at 3:30 p.m. and has not had a chance to talk with her. He said he did not feel the letter answered his questions. He also questioned the HRA assessment per household and asked what the HRA does for the City. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 27, 2004 Paqe 4 of 14 Mr. Hickok, Community Development Director, explained that Mr. Eisenzimmer had indicated he was not interested in coming into the office to discuss this issue with staff and, in fact, requested a letter from staff. Staff reviewed the videotape of the Council meeting where Mr. Eisenzimmer made his request, and was not certain what Mr. Eisenzimmer was looking for. Julie Jones sent -Mr. Eisenzimmer a copy of the Power Point presentation with the facts and figures related to the recycling contract. He encouraged Mr. Eisenzimmer to call and talk directly to Julie Jones for the specific information he is seeking. Dr. Burns, City Manager, explained the HRA levy has been on the books for quite some time and it is very common for cities to have HRA levies. The Fridley HRA supports single family housing by providing low interest loans for people with low income who are rehabilitating their homes. Mayor Lund suggested Mr. Eisenzimmer attend the HRA meetings if he has questions. Mr. Eisenzimmer stated all he wants to know is how much it costs to run the garbage truck one time a week. Mr. Hickok stated it would be very helpful for Mr. Eisenzimmer and for staff if he would come into City Hall to discuss his concerns, or at least contact the appropriate staff people via telephone. Ms. Karen Allard, 516 — 54th Aven.ue N.E., expressed concern about the statements being made by Springbrook Nature Center supporters. She wanted clarification from Council as to what will happen should the referendum for funding fail. She also questioned the claim regarding the number of visitors and the reduction in visitors since a fee has been charged. There has also been a statement made that the City Council could choose to fund Springbrook even if the referendum fails. This is particularly disturbing because so many City employees lost their jobs due to budget cuts. She also stated that Springbrook has never offered to cut back to one full-time employee. Mayor Lund said the question on the ballot is will the voters support additional taxes to fund the interpretive center, the paid staff and the educational programs. The 128 acres will remain as park use regardless of the outcome of the referendum. Councilmember Bolkcom commented that the Nature Center also suffered staff reductions as a result of budget cuts. Mayor Lund commented that the new fees have not been successful at the Nature Center. PUBLIC HEARINGS: 6. Consideration of Neighborhood Street Improvement Project No. ST. 2005-1. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 27, 2004 Paqe 5 of 14 MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:05 PM. Mr. Otteson, Assistant Public Works Director, stated this project is part of the annual street reconstruction program. It will be an increase in cost and size compared to , previous projects as it will be approximately 3 times the previous project size. They will be focusing on those streets that do not have curb and gutter. City streets are reviewed based on certain criteria and then grouped into project areas according to condition � rating. City street standards are concrete curb and gutter, standard driving width of 30 feet curb face to curb face, street rating of 9 tons (axle weight), and drainage off the street (2% grade to curb line). Mr. Otteson explained that the work description for this project is: • Replace existing streets with new aggregate base and pavement surFace. • Replace existing bituminous curb with new concrete curb and gutter. • Upgrade and repair miscellaneous utilities such as hydrants, sections of water main, sections of sanitary sewer main, storm sewer inlets, and piping. • Restore boulevards with sod and minor landscaping. • Replace private water and sewer services. • Replace private driveways. Mr. Otteson said the project schedule was as follows: . February, 2005: Open bids • April, 2005: Begin construction • October, 2005: Complete construction • October, 2005: Public hearing to set assessment • January, 2006: Property taxes. Assessments start. Mr. Otteson said the construction issues include: • Project communication with residents • Mail boxes (under the direction of the local postmaster) • Landscape, sprinklers, driveway restoration . Water and sewer service repairs . Daily access issues • Special needs or access for residents . Warranty (work done by the contractor) FRIDLEY CITY COUNCIL MEETING SEPTEMBER 27 2004 Pa e 6 of 14 Mr. Otteson also reviewed the residential assessment policy as follows: • Calculations are based on the length of the adjusted front footage. Adjusted fronl footage is measured across the property at a distance of 35 feet from the front property line (on the address side). • All work associated with the installation of concrete curb is assessed. If concrete curb is already existing on the address side of the property, there will be no assessment to the property. The assessment cost will be no more than $17.50 per foot for the concrete curb work. There are three options for repayment of the assessment, Mr. Otteson explained. They include: • Lump sum paid within 30 days of the assessment hearing (after construction). • Added to property taxes that are paid over 10 years with an interest rate of approximately 7.0%. • Senior citizens meeting certain criteria (65, income level, etc.) may request to have the assessment deferred until future sale of the property. Interest accrues until the sale. (Per City Res. No. 14-1995.) Mr. Otteson also reviewed the engineer's opinion of probable cost as follows: • Streets • Sanitary sewer • Storm sewer • Watermain Grand Total $2,261,000 $71,000 $165, 800 $108, 900 $2,606,700 The funding source breakdown for this project is as follows: • Minnesota State Aid • Special Assessments • Sanitary Fund • Storm Water Fund � Street Fund • Water Fund Grand Total $325,000 $497, 300 $71,000 $165,800 $1,438,700 $108, 900 $2,606,700 Mr. Haukaas, Public Works Director, stated there is a general residential assessment policy. There are, however, four corner lots along East River Road that at the time of the East River Road improvements were not assessed. Although they are East River Road residents, they will be assessed with this project. There is also a commercial property in this project area. The assessment calculation method for commercial property is different. They are charged for the entire cost of the reconstruction project at $55.00 per foot. The owner of that business is aware of this situation. FRIDLEY CITY COUNCIL MEETING. SEPTEMBER 27 2004 Paqe 7 of 14 Councilmember Bolkcom asked for the addresses of the corner lots and whether those property owners are aware of this. Mr. Haukaas explained that none of those four property owners are aware but they will be informed via individual letters. Councilmember Bolkcom stated she received an email from Michael Coyan, 260 - 67tn Avenue, objecting to the project because he did not think the street needed it. Mr. Haukaas explained that staff has a pavement rating system that is done on a biannual basis. Seven different rating criteria are used, based on condition, number of cracks, weathering, rutting and different pavement stresses. Based on that criteria, they came up with a pavement rating for every street in the City. By doing this, they can also track how the streets degrade over time. Staff then makes a map of the City with a rating designation for each street. They hope to have all City streets up to standards within the next four to five years. Councilmember Bolkcom commented that if a resident wants to have their whole driveway done as a part of this project, the resident has to pay for those improvements. Mr. Haukaas explained the City will pay for that portion of the driveways that was disturbed as a result of the road construction. They are asking the contractor to submit bids for those residents who wish to have their entire driveway done. The residents would have to pay for that. Councilmember Wolfe commented that if a resident chooses to have their driveway redone, they would be working with the contractor, not the City. Mr. Haukaas stated City staff will help coordinate the driveway installation and will help if there are problems in the future. Councilmember Barnette said it was his understanding that the homeowner will only be assessed for the curb and gutter portion of this street improvement project. He questioned how the City can do that and how it compares with neighboring cities. Mr. Otteson explained that the homeowners will be assessed for work associated with the curb; that would be the curb, the removal of the existing curb, four feet of excavation and some restoration. All the neighboring cities charge 100% assessment for street projects. The balance of the construction after the resident's contribution comes from the street fund. Mr. Rod Trocke, 280 Rice Creek Terrace, asked if the road improvement project will address the drainage problems currently experienced at the storm sewer near his property. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 27, 2004 Paqe 8 of 14 Mr. Haukaas stated they will not be changing the street grades, but they are looking at storm sewer extensions and additional catch basins to help reduce the drainage problems. The concrete curb and gutter will provide much better control taking the water to the storm sewers. Mr. Trocke asked if he should tear out his sprinkler system. Mr. Otteson replied the sprinkler system will be pulled out along the construction area, set back, and then reinstalled by the contractor. He also stated staff wants to know of any unique situations homeowners may have. They will work with residents to address those concerns. Mr. Trocke asked about a tree on the property adjacent to him. Mr. Otteson stated during the construction phase, they try to minimize impact on trees by staying away from the tree where possible. Ms. Ethel Dzubay, 220 Rice Creek Terrace, asked what portion of the project will be the homeowner's responsibility and what will be the City's. She also requested that there be a clear timeline for the various stages of the project so residents can be prepared. In addition, she stated she would have appreciated a more advance notice of this project as she recently invested in a new driveway. Mr. Otteson stated plants, shrubs and flowers are the resident's responsibility if they are within five feet of the curb line. A newsletter will be going out as soon as the bid has been awarded. This newsletter will let the residents know what the schedule is. They will only go into certain neighborhoods at a time. During construction, the residents will be responsible for keeping the plants alive. Afterwards, the contractor will come back through and replace landscaping rock and edging. He believes the project will start in May with the utilities starting a little earlier. The asphalt will stay in place while the utility work is done. The residents can expect to have gravel in front of their home for a 6 to 8 week period and access will be provided during that time. Throughout the project, updates will go out to the residents if changes occur. Construction driveway work will be done with white concrete. For those residents who have unique driveways, the City will match the material or work with the resident's contractor and pay what the City would have paid for a typical restoration. The information about this proje�t went out to residents as soon as the project plans were finalized. Mr. Pete Eisenzimmer, 6535 Oakley Drive, asked if the $17.50 per linear foot assessment includes the cost for the blacktop. He also asked what the interest rate is for the deferred assessments. Councilmember Bolkcom explained the residents will not be assessed for anything but the concrete curb and gutter. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 27, 2004 Page 9 of 14 Mr. Haukaas stated the percentage on the deferred assessment will be the same as the general percentage, probably around 7%. Mr. Jim Holtzlider, 351 Bellaire Way NE, stated he owns a corner lot and asked which lot width he would be assessed for. He also suggested that staff take a look at the flooding problems in the park near his home as a part of this project. Mr. Haukaas stated the staff measured the lot width on the address side which is the narrower dimension. That is the side on which the assessment will be determined. Jon McGinn, 7600 feet off the street. will handle it. East River Road, asked about a tree on his property that is about 2 He asked if he will be responsible for removing the tree or if the City Mr. Haukaas stated the City avoids removing healthy trees as much as possible. There is always a possibility, however, that the work will impact the tree's roots and if it impacts the root structure to the point where the tree will die, the City will remove it. Ms. Mary Addison, 150 Rickard Road N.E., stated she has a concrete curb by her driveway and asked if it will be replaced. She also asked if the $17.50 per linear foot would include the area of a power line easement on her property. Another concern is a second lot she owns which also has a driveway. Mr. Haukaas stated the City will replace and match the curb. He also explained that the power line easement would be included in the width of Ms. Addison's property and, therefore, would be assessed. As far as the second driveway, he recommended Ms. Addison keep in contact with City staff to ensure the curb cut is maintained. MOTION' by Councilmember Bolkcom, seconded by Councilmember Barnette, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:52 PM. 7. Special Use Permit Review SP#03-07, by Frattalone Companies for the Purpose of a Rock Crushing Operation on the North Side of the Property, Generally Located at 8170 Hickory Street NE (Ward 3). Mr. Hickok, Community Development Director, stated in May, 2003, a special use permit was granted to allow outdoor rock crushing on this property. In May or June of this year, Council discussed the annual review required as a part of that special use permit and talked to the petitioner. The petitioner has now reevaluated the success of this site and determined that it is important for them to evaluate whether or not this site will be viable as a rock crushing site. In order to be a viable location, 100,000 tons of concrete and asphalt materials would be needed per year in addition to the processing of black dirt daily. To this point in time, the petitioner has only stockpiled 20,000 tons of FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 27, 2004 Paqe 10 of 14 material for the crushing operation. Mr. Frattalone has indicated he would like to give this site an additional year to see if they can reach the goal of 100,000 tons. In the event they cannot reach this goal, they would close this as a recycling facility. Mr. Hickok explained that Mr. Frattalone is requesting that some of the stipulations that were a part of the approval of this project be delayed until such time as they determine whether this is a feasible site. In exchange for not doing those improvements at this time, Mr. Frattalone has offered to put into escrow $18,125 or provide a letter of credit to ensure those improvements will take place once this site is deemed a viable operation. As a temporary measure, the water will be metered and drawn from a fire hydrant. Mr. Hickok stated this special use permit was very controversial. If the rock crushing operation fails at this location, the rock crushing use can go away thus providing development opportunity. If the additional investment is made and the improvements in the stipulations are made, the trial period for using this site would likely be extended to make use of those investments. Mr. Hickok said a screened fence and landscaping has been installed on this site. In Stipulations 8 and 10, curb and asphalt and a permanently installed water meter would be required. This is what they are requesting relief from. Staff believes this is a reasonable risk because petitioner has offered to provide a letter of credit or escrow the cash. Staff is recommending approval of a one-year extension to further evaluate the site and at that time they will either need to remove this use from the site or make the improvements. Councilmember She also asked stockpiles. Bolkcom asked at what point the improvements would be required. about the petitioner's request for a variance on the height of the Mr. Hickok stated the petitioner is asking for one year to determine if this site will attract the kind of customer base they were hoping for. If it is not going to work, the petitioner would prefer not to make the improvements and move elsewhere. However, if staff feels the improvements are necessary and the petitioner decides to stay at that location, they have assured staff that the improvements will be made. Councilmember Bolkcom stated she does not think they should make the improvements either, if the site is not viable. She asked at what point Stipulations 8 and 10 would have to be followed. Mr. Hickok said Petitioner has requested a year. At that point, if they determine the site is not viable, they will be moving on. He stated petitioner may not even wait the full year. If they find it is going to be a viable site, they will start making the improvements required in Stipulations 8 and 10. Councilmember Bolkcom said petitioner could get a lot more material and run the rock crushing operation without any improvements having been made. She asked if they � F_RIDLEY CITY COUNCIL MEETING, SEPTEMBER 27, 2004 Paqe 11 of 14 suddenly start crushing, did they have to make the improvements or could they wait until the year was up. Mr. Hickok replied that when the site gets to a certain point, they are going to have to crush to make room for more material. That one-time deal is not enough to have them decide that the site is viable. Councilmember Bolkcom asked why staff's position is different than it was when the special use permit was originally before the Council. She also questioned what prevented the petitioner from coming back again next year and requesting the same thing. Mr. Hikcok stated that if they are only going to be on the site for a year, it is not worth investing $18,000 worth of curb and asphalt only to be torn out. The petitioner is not here to push and do this without the standards. Petitioner, Frank Frattalone, stated they currently have 30 tons of material on the site. If business does not pick up on this site, they will be moving it elsewhere which would mean the investments required in Stipulations 8 and 10 would have been a waste. They are looking for a little reprieve so they do not have to waste that money. That money will be put in escrow or a letter of credit will be prepared to assure Council that they will not be asking for another reprieve. Mr. Frattalone explained that the 15-foot limitation on the height of the stockpile is very limited. Councilmember Billings stated if the petitioner currently has 15-foot stockpiles and there is enough material to begin crushing, it appears the variance to increase the height of the stockpile is just to get a little more out of the mobilization. He stated he understands the economics of this, but also one of the reasons for the 15 feet was because of site lines. He was not anxious to allow the 20-foot height unless there was a reason other than economics. Mr. Frattalone said to his knowledge there have been no complaints about the property. Councilmember Bolkcom stated that the height limitation on the stockpiles was one of the stipulations that was part of the approval. She said it makes sense to give petitioner a little leeway on Stipulations 8 and 10 but, in all fairness, not on the stockpile height. Councilmember Billings asked if there was anything that would trigger doing the improvements before the year is up. Mr. Frattalone explained he did not anticipate not getting enough business at this site. He could put in the improvements earlier than September if there is a significant increase in tonnage. He will definitely know by September whether or not he will continue the rock crushing operation on this site. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 27, 2004 Paqe 12 of 14 Councilmember Billings asked if this special use permit is set to be reviewed every year. Mr. Hickok stated because they had not started crushing and there was very little activity it was extended. This has served as a review of what they have been doing and it would be appropriate to review the special use permit at this time next year. Councilmember Bolkcom asked the City Attorney if there is enough in the records to validate taking this type of action on a special use permit without setting a precedent. Mr. Knaak, City Attorney, stated it appears that the circumstances are sufficiently unique so that Council can justify a waiver for a period of one year. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to concur with City staff on Special Use Permit Review, SP #03-07, that Stipulations 8 and 10 be waived until the review of the Special Use Permit at the first Council meeting in September, 2005. Mayor Lund asked the City Attorney if this motion fulfills the requirements on this matter. Mr. Knaak said it does. Councilmember Billings asked the petitioner if they understood and accepted the motion. Mr. Frattalone responded affirmatively. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. REMOVED FROM CONSENT AGENDA: 2. Resolution No. 2004-54 Extending the Term of the Southern Anoka County Community Consortium Joint Powers Agreement. Councilmember Billings stated the reason he pulled this item is because at this time last year, staff recommended that the Council not fund this for 2004 because of financial concerns. Councilmember Barnette stated as chairman of the Values First Committee, budget cuts were made. To the best of his knowledge, Columbia Heights, Hilltop and the school districts have agreed to continue their participation for another two years. He stated he believes these are dollars well spent and he is in favor of continuing this. Councilmember Billings asked if there are funds set aside for this in the 2005 budget. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 27, 2004 Paqe 13 of 14 Dr. Burns, City Manager, responded that he believes there are. When the 2004 budget was being prepared, they were facing the loss of $1.75 million LGA funds and did not see a way to recover a substantial portion of that loss. It has been made clear with the past legislative session that we probably will have a little bit more latitude to recover some of that money which makes it easier to fund the Southern Anoka County Community Consortium. Councilmember Bolkcom asked if contributions to other community organizations are in next year's budget. Dr. Burns responded that they are not. Councilmember Billings reviewed the funding for SACCC as follows: Anoka County City of Hilltop School District 14 School District 13 City of Fridley City of Columbia Heights $7, 500 $304 $4,262 $4,262 $5,782 $5,782 Councilmember Billings asked if Fridley's contribution is the same as last year. Councilmember Barnette said it is. MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adopt Resolution No. 2004-54. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Informal Status Reports: Mayor Lund stated finro debates were scheduled. The first debate was Wednesday at 7:00 p.m. at the Fridley Community Center, and would be hosted by the Fridley Concerned Citizens Group. A second debate is scheduled for October 12 at the same time and location hosted by the League of Women Voters. Councilmember Bolkcom thanked those who attended the second housing forum. Dr. Burns, City Manager, stated the October newsletter will be going out by October 10. � ADJOURN 7, 2004 Paqe 14 of 14 MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:35 PM. RespectFully submitted by, Rebecca Brazys Scott J. Lund Recording Secretary Mayor CITY OF FRIDLEY CITY COUNCIL MEETING OCTOBER 4, 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-at-Large Barnette, Councilmember Billings, Councilmember Woife and Councilmember Bolkcom. OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Richard Pribyl, Finance Director Julie Jones, Environmental Planner Rebecca Brazys, Recording Secretary Fritz Knaak, City Attorney qPPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1, Resolution No. 2004-55 Ordering F�na� S�tr et Imdrovem nt P oject No. Estima tes o f Co s t s T h e r e o f: N e i g h b o r h o o d P ST. 2005-1. Dr. Burns, City Manager, stated the preliminary desigo � ro eed�w th the design and b d public hearing have t a k e n p l a c e a n d s t a ff i s r has bud eted $1.175 mi l lion for t h e speci fica tions on this project. The City 9 improvement of 3.7 miles of streets in four neighbor onsdof Ruth St eet,' Ruth Ci c�le and the east side of East River Road and mcludes port Paramount Street. The second neighborhood is on the n rth and nc ud s p'ortionsaof bounded by 76t" Way on the south and 79 way on the pearson Way and Rickard Road, Craig Way, Stonybrook Way, Craigbrook WaY, Bellaire Way. Another area included is west of East Riv{�e ° north � Is bThns e port on �/2 Way on the south and 75 Way on and a includes Logan Parkway, Glen Creek Road, Talmadge Way, Osborne Way portion of Riverview Terrace. The fourth neig ebs {h AVen'ue. bMiss ssipp' StBreet s on Northern Santa Fee tracks on the west and Urnv y FRIDLEY CITY COUNCIL MEETING, OCTOBER 4, 2004 Paae 2 of 18 the south, Rice Creek is on the north and it includes portions of Rice Creek Terrace, Plaza Curve, 67t" Avenue and Second Street. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-55. 2. Resolution No. 2004-56 Requesting Municipal State Aid System Construction Funds for Other Local Use. Dr. Burns, City Manager, said the resolution requests disbursement of the City's population portion of the Municipal State Aid System's Construction Funds for use in conjunction with the 2005 street improvement project. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-56. 3. Claims: 118549 —118621. APPROVED 4. Licenses. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. MOTION by Councilmember Barnette, seconded by Councilmember Billings to approve the proposed consent agenda with the removal of Item 4. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA Councilmember Billings requested the addition of a resolution he prepared regarding Springbrook Nature Center. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the agenda with the addition of Item 4 and the resolution regarding Springbrook Nature Center. _ UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Ms. Donna Bahls, 7514 Alden Way N.E., stated she is a member of the Board for the Springbrook Nature Center Foundation, and the Foundation members believe that the FRIDLEY CITY COUNCIL MEETING, OCTOBER 4, 2004 Paqe 3 of 18 open forum should not be used for individuals to campaign for a particular issue or candidate as occurred at the previous Councii meeting. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., thanked City staff for providing him the information he requested regarding the recycling contract. Mr. Mike Heintz, 5704 Jefferson Street N.E., asked Council to question the figures being discussed for the Springbrook Nature Center funding. He asked why Council has not educated the people of Fridley as to how the vote on Springbrook funding will impact the Nature Center. Councilmember Bolkcom suggested that any further discussion on Springbrook be delayed until later in the meeting when the Springbrook resolution is on the agenda. Mr. Don Anderson, 7304 West Circle N.E., stated he participated in and completed the Twin Cities Marathon. PUBLIC HEARINGS: 5. Consideration of Proposed Assessment for 2004 Street Improvement Project No. ST. 2004-1. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:52 PM. Mr. Pribyl, Finance Director, stated this project is for a residential area of improvement in the Regis Trail and Lynde Drive area, as well as the commercial area on the University Avenue Service Drive. Within the residential project assessment there were 57 properties improved for a total assessed cost of $54,498.76. The assessment was based on $11.91 per front foot which is lower than the estimated $16.00 per foot. The assessment will be payable over a 10-year period at an interest rate of 6.5%. The commercial portion of the assessment totaled $51,243.96 with 10 properties improved at a rate of $18.45 per front foot (lower than the estimated $65.00 per front foot). This assessment is payable over 10 years at a rate of 6.5% interest. Staff has received an appeal on the residential portion of the project from Abdul Hamade and on the commercial portion from the Church of St. William. Later in this meeting, staff will present the assessment resolution for Council's consideration. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to accept into the record a letter from Abdul Hamade and a letter from the Church of St. William. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked if the Council has any legal authority to excuse the Hamade's from the assessment for this project as they have requested. Mr. Pribyl stated there are no provisions within the City Charter or ordinances that allow for a hardship of this sort or any state statutes that allow for this kind of deferral. He explained that this is a 10-year assessment starting at $161 down to the low point of $104 per year payable in two installments. The first installment will be payable in 2005. Councilmember Barnette questioned what would happen if the assessment is not paid. Mr. Pribyl stated the property would go into tax forFeiture. Councilmember Wolfe asked if this assessment could be deferred and paid when the property is sold. Mr. Pribyl stated the City does not have any provisions for this type of hardship to defer special assessments. Ms. Hala Hamade, 1001 Lynde Drive N.E., explained that they cannot afford this tax increase because they have a son who required a kidney transplant. Councilmember Billings explained that Council does not have the authority to waive the assessment or to defer it for one piece of properiy. He offered to see if there are any organizations that may be willing to help them with this situation. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., asked why the interest rate on this assessment is 6.5%. Mayor Lund commented that if anyone feels the interest rate is too high, they can obtain a loan and pay the assessment in full. Mr. Pribyl stated one of the drawbacks the City has is that the street projects are not large enough to go to market annually, so the City pays for the projects out of its own resources for a period of 5 or 6 years until enough debt is accumulated to go to market with. Consequently staff has to anticipate what the future will bring as far as what these assessments will pay because the City could be in a position down the road where the interest rates are higher. Councilmember Bolkcom stated the bout the const uction r n erfering Iwith the use of i n d i c a t e d t h a t t h e y w e r e c o n c e r n e d a their parking lot. She asked if that has been the case. Mr. Haukaas, Public Works Director, stated the project is complete and to his knowledge there were no difficulties with access to their parking lot other than the short period of time the City was working in front of it. There was very little disruption to that area. FRIDLEY CITY COUNCIL MEETING OCTOBER 4, 2004 Paqe 5 of 18 Councilmember Bolkcom stated St. Wiliiam's also objects because the amount of the assessment will exceed the value of the benefits they receive from this improvement. She asked how the City decides benefit versus assessment. Mr. Haukaas responded the City's policy requires commercial properties to pay the full cost of the project divided equally befinreen the accessible footage on either side. In the case of this project, the City paid the westerly side and only half of the project was assessed to commercial properties. St. William's Church owns over 400 feet of frontage properiy on this project which worked out to $11,838. Mr. Knaak stated that the assumption when you assess property is what you are charging the landowner for is an increase in value to their property. The thinking is that the public should not have to pay for the increase in a private property value. The ultimate test would be, if someone does object, how much this particular project actually benefited the value of the property. Councilmember Bolkcom questioned what a property owner can do if they are not happy with the assessment. Mr. Knaak stated they can object in writing and can appeal in court within 30 days. This appeal goes directly to district court and is a high priority. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE AND THE PUBLIC HEARING CLOSED AT 8:10 PM. 6. Consideration of Proposed Assessment for 2003 Alley Paving Project No. ST. 2003-3. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:11 PM. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to receive the letter from Deborah M. Gerrety dated September 26, 2004. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, stated this project included Anoka and Arthur Street alleys. It involved included improvement for 15 properties with a total assessed cost of $21,336.00. The assessment was done by splitting the cost equally befinreen the FRIDLEY CITY COUNCIL MEETING, OCTOBER 4, 2004 _ Paqe 6 of 18 properties abutting the alley. This assessment will be payable over a 10year period at a rate of 6.5% interest. Staff did receive one appeal from Deborah M. Gerrety which Council has accepted into the record. Staff will be presenting the assessment resolution later in this meeting. Mayor Lund asked why there was a delay from the completion of the project in 2003 to the actual assessment process now. Mr. Haukaas explained the project was completed later in the year. There were some questions as to how it would be assessed, and several meetings were held. Consequently, staff did not complete the paperwork in time to bring it to Council last fall. Councilmember Bolkcom questioned why staff decided to pave the alley. Mr. Haukaas explained the alley came to staff's attention because it was a gravel alley. In 1995-96, the City passed an ordinance stating that gravel driveways are a nuisance and, by extension, questions were raised about gravel roads. Also, there was one driveway connected to this alley that had grading and drainage issues which could only be resolved with the alley being done properly. The staff considered this as a first step in addressing several gravel alleys in the city. As far as how the assessments were split, that came as a result of the public hearings and meetings. He reviewed the minutes of the public hearings on this project and one of the last statements was that the City would go with an equal split; the total cost divided by the 15 properties. Councilmember Barnette asked when the notices were sent out. Mr. Haukaas stated notices were sent to all affected property owners within the last 2 to 3 weeks. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to close the public hearing. UPON A VOICE VOTE, ALL V VOTE AND� TnHEYPUB IC H A INGRCLOSED AOT80 � CARRIED ON A UNANIMOUS P.M. 7. Consideration of Proposed Assessment for 2004 Nuisance Abatement. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL ND THE PUBLInC HEARING OPENED qT�8:25EpMOTION CARRIED UNANIMOUSLY A Mr. Pribyl, Finance Director, stated this is the annual assessment for those properties for which the City has extended resources for clean-up or code violations. The first FRIDLEY CITY COUNCIL MEETING, OCTOBER 4, 2004 Paqe 7 of 18 property is located at 7699 Highway 65. At the request of the property owner, work was completed to correct a violation of a number of City ordinances. The property owner was discharging sump pump water into a City street. A sump pump line was installed to move water from the building to the storm water line in order to eliminate the violation, at a cost of $9,830.16. At the request of the property owner, this case went before an independent hearing o�cer and, based on the evidence and testimony presented at that hearing, it was determined that the discharge into a public street was in violation of City ordinances. It was affirmed through this process that the violations must be corrected. He provided Council with a copy of correspondence dated June 13, 2003, from Dr. Dahl's attorney protesting the assessment. Mr. Pribyl stated the second abatement is for property located at 7601 Arthur Street regarding nuisance weeds at a cost to the City of $113.16. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to accept into the record the June 13, 2003 correspondence from Randall Tigue Law Office, P.A. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Wayne Dahl, property owner at 7699 Highway 65, stated this matter is a historical issue for the City. This problem was created by the City of Fridley when the Byron Road loop back was put in. Prior to that time, drain water from the basement of the clinic was pumped out into the back yard area. When the City took 20 feet of his property, they took away all the area where the water could be drained to. That was brought to the attention of the City and the City agreed to put in a pipe to the storm sewer, and then within one week, the pipe was covered with blacktop. There was a difference of opinion at that time befinreen the City engineer and the sewer foreman because the pipe the City installed immediately plugged and the City did not want to rip up the new blacktop surFace. When asked what he should do with the water, Dr. Dahl was told to pump it into the street, which he did until the fall at which time he was advised by the City to pump it into the sanitary sewer. Dr. Dahl presented a letter from the sewer foreman at that time, Rusty Silseth, which stated that he had recommended a 4" pipe be installed but the City engineer chose to install a 1" pipe. The letter also stated that the City assured Dr. Dahl the problem would be corrected at a later date but when Mr. Silseth retired 5 years later, the problem had not been corrected. As for the hearing, Dr. Dahl questioned if it actually was an independent hearing examiner conducting the meeting, when the statement provided stated the examiner was an attorney for the City of Fridley. Also, the hearing officer did not consider the letter from Mr. Silseth because it was not notarized. Dr. Dahl stated this problem has been going on for quite some time and was created by the City itself when they installed the wrong size pipe, failed to correct the condition, and FRIDLEY CITY COUNCIL MEETING, OCTOBER 4, 2004 Paqe 8 of 18 then put him through the hearing process. Now, the City is trying to assess him. He also stated that the examiner refused to provide him a copy of a document involved in her decision process. On two different occasions, he was assessed $300 by the City which was reflected on his water bill. Those charges disappeared at the end of the year and he assumed the matter was over. Subsequently, he directed his attorney to send a letter to the City asking them to fix the problem. Mayor Lund asked when the hearing took place. Dr. Dahl stated the hearing took place on January 6, 2003. Mr. Haukaas explained that the hearing examiner's services are paid for by the City which is why the examiner's letter indicated that she was an examiner for the City. Mayor Lund commented that he is surprised that the City put in a line on Dr. Dahl's property as the City does not typically correct such problems on private property. Dr. Dahl explained the City installed the pipe to correct the problem the City created. Councilmember Billings questioned what improvements were made that generated the current abatement. He also asked if he spoke to the former City engineer about this matter. Mr. Haukaas explained through the nuisance abatement process, the correction was with a 4" PVC connection under the road to the storm sewer system. Mr. Flora, former City Engineer, disagrees with Mr. Silseth's contention and maintains that the 1" pipe should have been adequate. Councilmember Billings asked if Mr. Haukaas has knowledge that the 1" pipe is plugged. Mr. Haukaas stated he does not. Councilmember Billings questioned how the 4" pipe will be maintained. Mr. Haukaas stated it will be Mr. Dahl's responsibility to maintain the pipe. Dr. Dahl stated he has no problem maintaining the pipe himself and would have done so had the initial pipe been large enough. Councilmember Wolfe commented that it does seem as though the City created the problem with the 1" pipe. Mr. Haukaas agreed with the prior City Engineer that the City did not create the problem. It is not uncommon for development to happen adjacent to a property and take out what has historically been the drain field. The City purchased the property from FRIDLEY CITY COUNCIL MEETING OCTOBER 4 2004 Pa e 9 of 18 Mr. Dahl for the Byron Road loop back so it became City property. A 1" copper line under pressure should handle a sump pump just fine. Councilmember Bolkcom questioned why there is a discussion about the 1" pipe when the assessment is for a 4" pipe that Dr. Dahl asked for. Dr. Dahl responded that the 4" pipe was put in to replace the faulty 1" line. The 1" line , was put in at no cost to him because it was recognized that the City created the problem. He stated he should not have to pay for the 4" line that was installed to replace the 1" line when, it should have been a 4" line to begin with. Mayor Lund commented that it appears the 1" line was put in at no cost as a courtesy to Dr. Dahl. Dr. Dahl stated the line would not have been a consideration had there been a normal setback on Byron Road. There is only 6 feet from his backdoor to the road. Councilmember Bolkcom asked if there is any record of correspondence or court issues where the City stated they had created the nuisance. Mr. Haukaas stated in preparing for the nuisance abatement originally and preparing for the hearing officer, staff did research all the records and found no agreement or any other discussion regarding the 1" line versus the 4" line. All of these issues were brought to the hearing officer's attention and reviewed. Dr. Dahl stated the land taken off his property was traded for the land that was abandoned on the old Byron Road that went between Highway 65 and the building. So it was not a purchase as such. He also has the letter from Mr. Silseth which recognizes this did occur. The former City Engineer does recall this project. Councilmember Bolkcom asked the City Attorney if money has to be exchanged to constitute purchase of a property. Mr. Knaak, City Attorney, responded there is any number of considerations that would be considered a property purchase. Councilmember Bolkcom asked Mr. Haukaas if the City were to put in this roadway today, would the City be responsible for redirection of Dr. Dahl's sump pump water. Mr. Haukaas stated typically, the City would not do that. Councilmember Billings asked if the installation of the 1" line was a part of the land swap. Dr. Dahl said it was a consideration. FRIDLEY CITY COUNCIL MEETING, OCTOBER 4, 2004 Paqe 10 of 18 Councilmember Billings stated there are enough questions in his mind that he is not prepared to make a determination on this matter. He asked the City Attorney what options the City Council has. Mr. Knaak stated the City does afford extra protections in these matters by providing for the hearing officer process which is not required by state law. There was also an appeals option available to Mr. Dahl within 20 days of the hearing, but no appeal was filed. So Council has the decision and recommendation of the hearing officer that is technically unchallenged. If Council decides to go through with the assessment, Dr. Dahl has the option of pursuing this matter in court. Council is kind of in a bind because there has been a determination of fact in a hearing that supports the City's position. Council can get into an interesting situation if they choose to ignore the hearing officer and someone challenges the Council for being arbitrary and capricious. He understands that Councilmember Billings is uncomfortable going forward without a full record, but the provision for a full record has been complied with here with the hearing officer and it is an unchallenged full record because there was no appeal. Council still has discretion, but the fact that the hearing officer made the recommendation that she did does cause Council some problems. Councilmember Barnette asked if there is a record of how the hearing officer made the decision. Dr. Dahl stated that all the findings were admitted to. The purpose of the hearing was to determine whether the City should repair the faulty pipe they originally put in, but that never was addressed in the hearing. Councilmember Bolkcom asked why Dr. Dahl did not file an appeal. Dr. Dahl claimed the hearing officer denied him a copy of the record without a court order. Also, he was not aware there was an appeal process. The issue he was concerned about was never addressed in the hearing process. Councilmember Barnette asked if Dr. Dahl was allowed to call witnesses at the hearing and if Mr. Flora was called as a witness. Dr. Dahl stated he brought the letter from Mr. Silseth which he thought more than clarified the situation. Mr. Haukaas explained that he, Dr. Dahl, and the hearing officer were the only people present for the hearing. Councilmember Billings commented that Dr. Dahl admits that he was dumping his sump pump water into the sewer and into the street and that Dr. Dahl thought the hearing process was to determine whether or not the City was going to fix what they said they were going to fix 19 years ago. He stated that is where he is having a problem, because Dr. Dahl is stating he was doing that because the City did not put in the FRIDLEY CITY COUNCIL MEETING, OCTOBER 4, 2004 PaQe 11 of 18 remedy he was told assessment and Dr. costs be. would be done. He asked Mr. Knaak if Council proceeds with the Dahl goes to court, who will pay the court costs and what will those Mr. Knaak responded that typically each party pays their own cost and those costs could be substantial. Councilmember Billings questioned what the City would gain by proceeding with the assessment in a matter that is so entangled. He suggested that there be an effort to negotiate. He stated he would be willing to support a motion to table this matter to work something out with Dr. Dahl. Councilmember Wolfe stated that based on Dr. Dahl's comments, none of this seems to be his fault. He stated it is his opinion that none of this would have happened had a larger pipe been installed initially. He stated he is having a lot of trouble with this matter and agrees that it will cost more to fight it. Councilmember Billings stated, in defense of staff, both engineers are maintaining that a 1" pipe should have been adequate, so he does not necessarily know that staff's side was wrong. He does not want the record to indicate that he thinks' staff was wrong in putting in the 1" pipe, but he is concerned with the alleged story that someone on City staff told Dr. Dahl that the City would fix it. Dr. Dahl said one thing that should be considered is that a 1" pipe is a non-serviceable pipe so if it plugs, there is no remedy. Councilmember Bolkcom asked if there was actually a tort claim filed as indicated in Dr. Dahl's correspondence. Mr. Knaak stated there are certain requirements that have to be met to file a notice of claim with a City. The tort claim must be filed within 180 days of the occurrence. There is a question whether Mr. Tigue's letter was a notice of tort because it indicated they would be filing a claim. The factual question that would be raised by the District Court would be whether the value Dr. Dahl received was proportional to what the City had put in. His assessment is that Mr. Tigue's letter would not meet the threshold for a proper tort claim but that does not mean that the issue goes away. The court could find that there was no benefit, the net affect being that Dr. Dahl would get this improvement at no cost. Councilmember Bolkcom commented that the appeal would be related to the benefit and not necessarily to the wronging of the property owner, Dr. Dahl. Mr. Knaak responded that is correct. Dr. Burns, City Manager, asked Mr. Knaak if it is the City's responsibility to inform Dr. Dahl of his appeal rights. FRIDLEY CITY COUNCIL MEETING, OCTOBER 4 2004 Paqe 12 of 18 Mr. Knaak reviewed the ordinance and responded the City does not have the affirmative duty to advise anyone of the provisions. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to close the public hearing. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to continue this public hearing so staff can gather additional facts. Mr. Knaak stated the motion to continue takes precedence over the motion to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO CONTINUE THE PUBLIC HEARING CARRIED ON A UNANIMOUS VOTE. OLD BUSINESS: 8. Approve Extension of Curbside Recycling Contract befinreen the City of Fridley and BFI Waste Systems of North America, Inc. (Tabled August 9, 2004.) Ms. Julie Jones, Environmental Planner, stated Council discussed this item at length at their August 9 meeting. At that meeting, there were some conclusions reached--the City was satisfied with the service BFI was providing, residents were content with the service and current contract price and the proposed price was relatively low compared to other cities. Another matter discussed was whether or not costs could be reduced by going from a weekly to an every other week service. After investigating, she said she found several city contracts for every other week service that were at a higher rate than BFI was proposing. There were a couple of cities that were lower, but only about $.13 per household per month lower. Ms. Jones explained that BFI proposed three different options to extend the contract. At the August 9 meeting, Council found that the option that offered 100% revenue sharing was the most beneficial and directed staff to pursue negotiations on that option. Under revenue sharing, the City pays a higher rate up front and in exchange, the contractor absorbs the risk of possible market downturns. The contractor is also ensuring a set processing fee in this arrangement. In exchange, the City receives 100% of the revenues less the processing fees. Since the Anoka County funding system for State SCORE funds would penalize the City if it took the revenues as cash or a discount, staff came up with the concept of a service credit account where those revenues would go in monthly and accumulate and at some agreed upon time, the hauler would use those funds to do extra recycling services for the City. Ms. Jones stated the contract amendment before Council has some key features to keep the service level the same as a two-sort weekly service that the residents have known for the past six years. It also includes 100% revenue sharing and the FRIDLEY CITY COUNCIL MEETING, OCTOBER 4, 2004 Paqe 13 of 18 establishment of a service credit account concept with protections as to how that would work. It also includes fair market pricing. In the attachments to the agreement there is pricing established according to set market indexes so the hauler cannot change what they are using as a reference point for the value of the materials. In addition, the contract has an attachment where the City and hauler agree to the commodity splits; in other words, the percentage of the commodity is of the mix of total materials colle�ted. This is important to protect the City. It also features the ability for the City to revert back to a non-revenue sharing option and to the rates that were proposed for the City to keep the same level of service without revenue sharing (which is keeping the same rate we are paying this year in 2005 with only a 2% increase each year thereafter). This is a five-year agreement with the option to extend. Ms. Jones said the effect this fee would have on what customers pay would be a quarterly fee increase from $6.06 per quarter to $6.36 per quarter or $1.20 per year. In exchange for that increase in cost, residents would get the benefit of the value of the service credit account from the revenues. Calculating that out according to the number of households would equate to about $10.00 a household per year according to current market values. In subsequent years, there would likely have to be fee increases, but that is difficult to predict. In the contract, the base rate would increase $.05 per month per household each year. Staff is recommending approval of this contract with 100% revenue sharing added for five years which will provide an opportunity for advanced recycling services to our residents. Councilmember Barnette asked Ms. Jones to explain SCORE funding, Ms. Jones stated basically the City has to deficit spend to recoup the SCORE funds. The SCORE funds are State recycling grant funds. Residents pay taxes on their garbage bills and that money comes back to the City through the County. If the City took the revenues as cash or a discount on our bill, it reduces the costs and makes it appear that the City is making a profit. That is why staff is recommending the service exchange account so the City can still capture the SCORE funds and use that money to provide recycling services to residents. This is a unique arrangement that staff worked out with Anoka County. Councilmember Bolkcom commented that there is a levy question on the ballot. If that ballot question fails, because the City could only increase their utility fees 1.7%, the City would be going in the hole about $8,500 with the rate proposed in this contract. She is concerned about committing to a five-year contract when we they not know what is going to happen on the ballot. Dr. Burns commented that it is a risk. The $8,500 would not necessarily come from the general fund, but if the levy fails, it would have to be taken out of some City fund. If we consider the risk, we also have to consider the benefits Ms. Jones has referred to. He asked if the $8,500 risk was worth the potential new revenue and the expansion of recycling programs. FRIDLEY CITY COUNCIL MEETING. OCTOBER 4, 2004 Paqe 14 of 18 Councilmember Bolkcom asked if the contract provides for the City to renegotiate the price being proposed. Ms. Jones explained the beauty of this contract is the City would not have to renegotiate. We know exactly what price we would go back to if we reverted to the non- revenue sharing arrangement. Councilmember Bolkcom stated there has been a fair amount of discussion that Spring Lake Park just went to a one-sort system and they felt they would get more recycling because less sorting would be required. She asked if Ms. Jones has a figure available if the City were to switch to a one-sort and go to every other week pickups. Ms. Jones responded the every other week and single sort is a more expensive service because of the carts the City would have to provide the residents. The drawback is the City would pay more for only every other week service. It is true that the single sort seems to be increasing participation but it is also more expensive. They have been advised that they would not be able to get revenue sharing in a single-sort contract. Councilmember Bolkcom asked if some of the revenue-sharing dollars could be used for education or composting as well as improving participation in multi-family housing. Ms. Jones referred to Exhibit D of the contract which spells out some of the things the City could use the dollars for. Composting cannot be a qualified use of that money according to State guidelines. Mr. Pete Eisenzimmer, 6535 Oakley Drive, stated he obtained figures on recycling costs from City management. The cost for 52 weeks is $4,204 per week at a total cost of $218,608. He believes the City can get the same benefit by switching to 26 weeks and saving $109,304. He stated he would like to see the revenue sharing dollars come back to the residents to lower the recycling fees. He also stated he has to drive 25 miles round trip to dispose of his yard waste. He said the fivetyear contract is way out of range; finro or three years should be plenty. All the surrounding cities have every other week recycling services. Ms. Jones explained that Mr. Eisenzimmer has taken the fees the City pays for weekly services and divided them in half. Unfortunately, it does not work that way. As the BFI representative explained because the hauler still has the expense of the equipment and personnel, unless they have another contract that is exactly the same size and days as Fridley on opposite weeks, there is not any cost savings for them. Blaine is paying $2.44 per household per month more for every other week service while Fridley is paying $2.18 for weekly service. Columbia Heights is at $2.40 for weekly service. The City's rates are extremely low. Fridley has a documented history and experience with the every other week service and there is a lot more involved than just the cost. There is the cost of handling the calls because customers are confused every week; more public education is required so residents know when their recycling dates are; and the City would have to provide a drop-off site which is expensive. The Environmental FRIDLEY CITY COUNCIL MEETING, OCTOBER 4, 2004 Paae 15 of 18 Commission has discussed this issue and they feel many residents would be unhappy if they did not have weekly service. Tonnage would decrease which is critical when it comes to revenue sharing. Councilmember Bolkcom questioned Item #9 of Ms. Jones presentation which talks about utilizing some of the revenue sharing funds for yard waste. Ms. Jones explained that Item #9 should have been removed because she found out that these funds cannot be used for yard waste. Mr. Eisenzimmer commented that the service in Blaine and Columbia Heights picks up leaves, branches and grass which does not happen in Fridley. Ms. Jones stated those cities have organized garbage collection and yard waste is a part of that, not part of the recycling program. Columbia Heights does have appliance collection as a part of their contract which is why their rates are slightly higher. For clarification, Ms. Jones stated all licensed haulers in Fridley do provide yard waste collection as a part of their service, but most of them charge extra for that service. Mayor Lund asked what some of the proposed uses would be for the revenue sharing dollars. Ms. Jones explained there are some uses enumerated in the contract; such as public education, extra recycling services that the City used to provide and new recycling services. She stated they focused on special drop-off days because that is the service people have been looking for. It may be possible to offer the drop-off service for free or a reduced cost rather than for the $20 fee that is currently charged. Another use could be for the purchase of recycling bins for apartment buildings or homes. What the contract does is set up an arrangement where staff would sit down with the hauler once per year and discuss what the City wants to do with the money the following year and come up with a plan based on the funds available. The Environmental Quality and Energy Commission has expressed an interest in being involved in that process and making recommendations to Council and staff as to how that fund could be used. She added it should be left flexible to address issues that arise. Mayor Lund asked if, given today's rates, what kind of dollars the revenue sharing would generate. Ms. Jones responded as of a couple of weeks ago the City, could reasonably expect about $100,000 per year in revenues. That is why staff feels the risk of the $8,500 possible shortFall having to come from some other fund is worth gaining a possible $100,000 in revenues. She added that staff would love to give the funds back to the residents by taking it off as a discount on the bill. Unfortunately, the County funding policy does not allow that. Staff will continue to work with the County to see if that policy can be changed in the future. Mayor Lund questioned how often the City can opt out of the contract. FRIDLEY CITY COUNCIL MEETING OCTOBER 4 2004 Pa e 16 of 18 Ms. Jones explained that can be done annually. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the extension of the Curbside Recycling Contract between the City of Fridley and BFI Waste Systems of North America, Inc. Councilmember Bolkcom questioned if the motion should include the exclusion of Item #9 regarding yard waste. � Ms. Jones stated that she does not think it is a major issue because that item is on a list of potential uses. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 9. Resolution No. 2004-57 Adopting Assessment for the 2004 Street Improvement Project No. 2004-1. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to adopt Resolution No. 2004-57. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Resolution No. 2004-58 Adopting Assessment for Alley Paving Project No. 2003-3. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to adopt Resolution No. 2004-58. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Resolution Adopting the Assessment for the 2004 Nuisance Abatement. Councilmember Billings asked what the deadline is for getting these assessments to the County. Mr. Pribyl stated the County likes to have them by November 15 but oftentimes will take - them through the end of November. There was some discussion regarding proceeding with the uncontested abatement in the amount of $113.16. Mr. Knaak stated Council would have to close the public hearing for the non-disputed item and continue the public hearing for the other FRIDLEY CITY COUNCIL MEETING OCTOBER 4 2004 Pa e 17 of 18 abatement. After some discussion, it was determined to leave both items on the table until the next meeting. Mr. Pribyl agreed to work with Anoka County to get both items included in the assessment period. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to table the resolution adopting the assessment for the 2004 Nuisance Abatement. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Licenses. Councilmember Bolkcom asked if the masseuse license for Paisley's Brew requires Health Department approval. Mr. Pribyl, Finance Director, explained this is issued under Chapter 125, Saunas and Massage Parlors, and is in conjunction with the stipulations contained in that ordinance. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve the license as presented with the addition of a Masseur/Masseuse license for Paisley's Brew. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Regarding Springbrook Nature Center as Prepared by Councilmember Billings. Councilmember Billings explained that the purpose of this resolution is to clarify some of the confusion and misinformation regarding the future of Springbrook Nature Center and the impact of the upcoming referendum levy. Mayor Lund commented that considering that this resolution was presented to the Council right before the meeting, it would be best to continue it to the next meeting and place it on the agenda. Councilmember Bolkcom stated she is not comfortable supporting the resolution at this time because Council has not discussed all of the items included. She agreed that it is important to make people aware of the facts. Councilmember Billings read the resolution. Councilmember Bolkcom asked if the there has been any discussion regarding the issues related to volunteer coordinators, restrooms, how the educational displays might be preserved, special functions, special occasions, in any detail at any conference meetings or Council meetings. FRIDLEY CITY COUNCIL MEETING, OCTOBER 4, 2004 Paae 18 of 18 Dr. Burns replied that to his knowledge, those items have not been discussed. Councilmember Billings stated that is the reason for the resolution, because statements are being made as to what Council plans to do with regard to those items. Mayor Lund stated he does not have any problems with the resolution, but another issue not addressed that perhaps should be is the matter of the fees. Ms. Donna Bahls, 7514 Alden Way N.E., Springbrook Nature Center Foundation board member, stated it is her understanding that if the levy does not pass, Springbrook would become a passive park. Some of Councilmember Billings' comments in the resolution make it appear that Council may continue current operations with volunteers. She added it is unfortunate this discussion is taking place so late in the evening. She also stated if the referendum passes, they hope there would not be fees. MOTION by Councilmember Barnette, seconded by Councilmember Billings, to table this resolution. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports. Councilmember Bolkcom thanked those who participated in the housing forum. The next forum is scheduled for October 14. Dr. Burns, City Manager, stated there is a candidate forum scheduled for October 12 at 7:00 p.m. ADJOURN MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:40 PM. Respectfully submitted by, Rebecca Brazys Scott J. Lund Recording Secretary Mayor � ` CfTY dF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, 2004 October 11, 2004 William Burns, City Manager t� �" � Scott Hickok, Community Development Director Stacy Stromberg, Planner Vacation Request, SAV #04-04, City of Fridley and Brendan & Cheryl Klein M-04-132 INTRODUCTION On September 29, 2003, the City Council approved a preliminary plat to allow the creation of legal descriptions necessary to swap properties with the Klein's. Since then, the Klein's mortgage company has requested that the unused utility easement, located under the swimming pool be vacated. Therefore, the Klein's are seeking to vacate the unused drainage and utility easement located under their swimming pool and seeking the City Council's approval on the land exchange between them and the City. PLANNING COMMISSION RECOMMENDATION At the October 6, 2004, Planning Commission meeting, a public hearing was held for SAV #04-04. After a brief discussion, the Planning Commission recommended approval of SAV #04-04 and the land exchange between the City and the Klein's. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends the Council approve the resolution vacating the Klein's utility easement as part of the approval of the final plat. ;� j COMMUNITY DEVELOPMENT � ` �'� DEPARTMENT PLANNING DIVISION Memorandum DATE: October 6, 2004 TO: Planning Commission FROM: Scott Hickok, Community Development Director Stacy Stromberg, Planner SUBJECT: Vacation Request, SAV #04-04 — City of Fridley � Brendan 8� Cheryl Klein INTRODUCTION As you will recall, in September of 2003, the Planning Commission and the City Council granted a preliminary plat for a piece of property located in Farr Lake Park and the property located at 1419 West Danube Road, which is owned by Brendan and Cheryl Klein. This plat was granted to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. As this time, the Klein's are seeking to vacate the unused drainage and utility located under the Klein's swimming pool as well as the Planning Commission's approval on the hard exchange of properties between the City and the Klein's. HISTORY It had come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. Proposed Tract "A" on the enclosed survey indicates the City owned land, which the Klein's have been utilizing. Proposed Tract "B" indicates the land, owned by the Klein's, in which the City has been utilizing as part of a trail system in Farr Lake Park. The replat of these two pieces of land simply allowed both owners to benefit by owning the parcels they are currently using. ANALYSIS The final plat went before the City Council on September 17, 2004. At which time, the Klein's mortgage company also required that the City vacate the unused drainage and utility easement, located under the Klein's swimming pool (see attached survey). Prior 2 to final plat approval, the City Council directed staff to bring the vacation request to the Planning Commission to hold a public hearing and for your review. The City Council is also asking that you hold a public hearing on the exchange of properties between the City and the Klein's. City Public Works staff has indicated that there is no reason to retain the drainage and utility easement located under the Klein's pool, therefore, staff would recommend that the easement be vacated. Therefore, the Klein's are seeking to vacate the unused drainage and utility easement located under their swimming pool and asking for your approval on the land exchange between them and the City. CITY STAFF RECOMMENDATION City Staff recommends that the Planning Commission hold a public hearing and approve Vacation Request, SAV #04-04. City Staff also recommends that the Planning Commission hold a public hearing and approve the land exchange befinreen the City and the Klein's. 3 RESOLUTION NO. RESOLUTION TO VACATE AN EXISTING DRAINAGE AND UTILITY EASEMENT VACATION ON LOT 13, BLOCK 1, INNSBRUCK NORTH 2ND ADDITION, GENERALLY LOCATED AT 1419 DANUBE ROAD. WHEREAS, the City Council approved the drainage and utility vacation request, SAV #04-04, for LOT 13, BLOCK 1, INNSBRUCK NORTH 2ND ADDITION at the October 25, 2004, meeting; and WHEREAS, the easement is unused; and WHEREAS, the easement is located through the Klein's in-ground pool; and WHEREAS, the Klein's mortgage holder requires that the drainage and utility easement be vacated. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacates the 10' wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25�' DAY OF OCTOBER, 2004. I,��l=�� DEBRA A. SKOGEN - CITY CLERK 0 SCOTT LUND - MAYOR � � CRY 4F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, 2004 Date: October 20, 2004 � To: William Burns, City Manager �� From: Subject Scott Hickok, Community Development Director Stacy Stromberg, Planner Final Plat, PS #03-05, City of Fridley and Brendan and Cheryl Klein M-04-136 INTRODUCTION On September 17, 2003, the Planning Commission considered plat request PS #03-05, by the City of Fridley and Brendan and Cheryl Klein. The replat is of City owned property located in Farr Lake Park and property located at 1419 West Danube Road, which is owned by Brenden and Sheryl Klein. The replat will allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. It had come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. City Staff and the Planning Commission recommended approval of plat request, PS #03-05. PAST COUNCIL ACATION At the September 29, 2003, City Council meeting, the preliminary plat was approved. RECOMMENDATION City Staff and the Planning Commission recommend final plat approval of PS #03-05. � RESOLUTION NO. A RESOLUTION APPROVING A SUBDIVISION, PLAT, PS #03-05, GENERALLY LOCATED AT 1419 WEST DANUBE ROAD WHEREAS, the Planning Commission held a public hearing on the Preliminary Plat, PS #03-05, on September 17th , 2003 and recommended approval; and WHEREAS, the City Council at the September 29, 2003 meeting approved the Preliminary Plat request; and WHEREAS, such approval was to create the legal descriptions necessary to facilitate a land exchange to correct encroachments into Farr Lake Park and the property located at 1419 West Danube Road; and WHEREAS, the City has received the required signed Plat mylars from the owners. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley directs the petitioner to record this Plat at Anoka County within six (6) months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25th DAY OF OCTOBER 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK �� SCOTT J. LUND - MAYOR � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, 2004 Date: October 20, 2004 � To: William Burns, City Manager�rn From Subject Scott Hickok, Community Development Director Stacy Stromberg, Planner Property Exchange Request, City of Fridley and Brendan & Cheryl Klein M-04-137 INTRODUCTION The attached ordinance authorizes the exchange of properties befinreen the City and the Klein's. The Klein's will now own the land underneath their swimming pool and the City will own the portion of the Klein's lot where the bike trail exists. PLANNING COMMISSION ACTION At the October 6, 2004, Planning Commission meeting, a public hearing was held for the land exchange befinreen the City and the Klein's. After a brief discussion, the Planning Commission recommended approval of the land exchange between the City and the Klein's. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the land exchange and ordinance (attached). The land exchange will resolve the encroachment issue. 7 �,�� .�,� f � -= , DATE: TO: FROM: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Memorandum October 6, 2004 Planning Commission Scott Hickok, Community Development Director Stacy Stromberg, Planner Vacation Request, SAV #04-04 — City of Fridley 8� Brendan 8� Cheryl Klein iNTRODUCTION As you will recall, in September of 2003, the Planning Commission and the City Council granted a preliminary plat for a piece of property located in Farr Lake Park and the property located at 1419 West Danube Road, which is owned by Brendan and Cheryl Klein. This plat was granted to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. As this time, the Klein's are seeking to vacate the unused drainage and utility located under the Klein's swimming pool as well as the Planning Commission's approval on the hard exchange of properties between the City and the Klein's. HISTORY It had come to the City's attention that the Klein's are occupying a smal� portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. Proposed Tract "A" on the enclosed survey indicates the City owned land, which the Klein's have been utilizing. Proposed Tract "B" indicates the land, owned by the Klein's, in which the City has been utilizing as part of a trail system in Farr Lake Park. The replat of these two pieces of land simply allowed both owners to benefit by owning the parcels they are currently using. ANALYSIS The final plat went before the City Council on September 17, 2004. At which time, the Klein's mortgage company also required that the City vacate the unused drainage and utility easement, located under the Klein's swimming pool (see attached survey). Prior : to final plat approval, the City Council directed staff to bring the vacation request to the Planning Commission to hold a public hearing and for your review. The City Council is also asking that you hold a public hearing on the exchange of properties between the City and the Klein's. City Public Works staff has indicated that there is no reason to retain the drainage and utility easement located under the Klein's pool, therefore, staff would recommend that the easement be vacated. Therefore, the Klein's are seeking to vacate the unused drainage and utility easement located under their swimming pool and asking for your approval on the land exchange between them and the City. CITY STAFF RECOMMENDATION City Staff recommends that the Planning Commission hold a public hearing and approve Vacation Request, SAV #04-04. City Staff also recommends that the Planning Commission hold a public hearing and approve the land exchange between the City and the Klein's. 0 ORDINANCE NO. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY APPROVING THE TRANSFER AND EXCHANGE OF CERTAIN PARCELS OF LAND WITH BRENDAN M. KLEIN AND CHERYL A. KLEIN. WHEREAS, the City of Fridley, Minnesota, owns certain property on which property fixtures and improvements by an adjoining landowner have encroached; and WHEREAS, it would be to the benefit and advantage of the City of Fridley, Minnesota, that certain land on which a pathway easement is located in the City to benefit the public would be converted to fee ownership in the City; and WHEREAS, the Fridley City Charter Chapter 12.06., SALES OF REAL PROPERTY, requires that no real property of the City shall be sold or disposed of except by ordinance and that the proceeds of any such sale shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this or other property used for the same public purpose; but if there is no such outstanding indebtedness, then the Council may by a resolution adopted by an affirmative vote of at least four (4) members of the Council designate some other public use for such proceeds; and WHEREAS, Brendan M. and Cheryl A. Klein ("the Klein's") are the fee owners of Lot 13, Block 1 Innsbruck North 2"d Addition, Anoka County, Minnesota; and WHEREAS, The City is the fee owner of Farr Lake Park with no outstanding indebtedness; and WHEREAS, the Kleins have inadvertently encroached upon the City's Farr Lake Park property by constructing improvements thereon; and WHEREAS, the City has, from the Kleins, obtained easements for use for pathway purposes but would prefer to own its interest in the property in fee; and WHEREAS, the two parcels of land are of approximately the same size; and it is of mutual benefit to the City and the Klein's to exchange portions of these lots to eliminate the encroachment; and WHEREAS, The City finds that the proposed land exchange is in the best interest of the City and its citizens. WHEREAS, the description of the property that the the City would convey to the Klein's is described as that real properiy described as that 1,447 sq. ft. portion of Outlot E, Innsbruck North, Anoka County, Minnesota, labeled and described as Tract "A" on the attached sheet. 10 WHEREAS, the description of the property that the City would accept from the Klein's is that real property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Ixulsbru�k North 2nd Addition, Anoka County, Minnesota, labeled and described as Tract "B" on the attached sheet. IT IS, THEREFORE, HEREBY ORDAINED BY THE CITY OF FRIDLEY, that in accordance with City Charter, this land shall be disposed of in a land exchange, rather than a sale. IT IS FURTHER ORDAINED that the City convey to the Klein's that real property described as that 1,447 sq. ft. portion of Outlot E, Innsbruck North, Anoka County, Minnesota, labeled and described as Tract "A" on the attached sheet, and That the City accept from the Klein's that real property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Innsbruck North 2nd Addition, Anoka County, Minnesota, labeled and described as Tract "B" on the attached sheet. IT IS FURTHER ORDAINED that the Mayor and City Manager are authorized to execute on behalf of the City any and all such documents and instruments as may be necessary to effect the foregoing on behalf of the City. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8� DAY OF NOVEMBER, 2004. ATTEST: Deb Skogen, City Clerk Public Hearing: October 25, 2004 First Reading: October 25, 2004 Second Reading: November 8, 2004 Publication: '�1 Scott Lund, Mayor CITY OF FRIDLEY PLANNING COMMISSION OCTOBER 7, 2004 CALL TO ORDER Chairperson Kondrick called the July 21, 2004, Planning Commission meeting to order at 7:30 p.m. ROLL CALL Members present: Members absent: Barbara Johns, Larry Kuechle, David Kondrick, Diane Savage, Dean Saba and Brad Dunham. Leroy Oquist Others present: Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Brendan and Cheryl Klein, 1419 West Danube Road Heather Solberg, Menard Inc. 4777 Menard Drive, Eau Claire WI 54703 Yoava Klucsar, 1420 Rice Creek Road Gene Jankowski, 2812 315t Avenue NE, Minneapolis MN 55418 Carol Westorer, 6274 Benmore Drive APPROVE PLANNING COMMISSION MINUTES — July 21, 2004 MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to approve the minutes of the July 21, 2004 meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: Chairperson Savage announced that the first item on tonight's agenda, a public hearing for Plat PS #03-05, was placed on the agenda in error. 2. Consideration of a Vacation, SAV #04-04, bv the Citv of Fridlev. and Brendan & Chervl Klein for necessarv utilitv easement vacation to allow the exchanqe of propertv in order to correct an encroachment on Citv owned land, qenerallv located at 1419 West Danube Road and Farr Lake Park. MOTION by Ms. Johns, seconded by Mr. Kondrick, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE AND THE PUBLIC HEARING OPENED AT 7:32 PM. Ms. Stromberg stated in September of 2003 the Planning Commission and the City Council granted a preliminary plat for a piece of property located in Farr Lake Park and the property located at 1419 West Danube Road, which is owned by Brendan and Cheryl Klein. This plat was granted to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. At this time, the Klein's are seeking to 12 CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 2004 Page 2 of 10 vacate the unused drainage and utility easement under the Klein's swimming pool as well as the Planning Commission's approval on the hard exchange of properties between the City and the Klein's. Ms. Stromberg explained that it had come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these finro pieces of property. The replat of these two pieces of land simply allowed both owners to benefit by owning the parcels they are currently using. Ms. Stromberg further explained that the final plat went before the City Council on September 17, 2004 at which time the Klein's mortgage company also required that the City vacate the unused drainage and utility easement located under the Klein's swimming pool. Prior to the final plat approval, the City Council directed staff to bring the vacation request to the Planning Commission to hold a public hearing and for their review. The City Council is also asking that the Planning Commission hold a public hearing on the exchange of properties between the City and the Klein's. Ms. Stromberg stated the City's Public Works staff has indicated that there is no reason to retain the drainage and utility easement located under the Klein's pool, therefore staff would recommend that the easement be vacated. Ms. Stromberg stated City staff recommends approval of Vacation Request, SAV #04-04. Staff also recommends approval of the land exchange between the City and the Klein's. Petitioners Brendan and Cheryl Klein stated they discovered the encroachment in May 2003, but it appears this goes back to a survey done in the sixties when this was originally platted. Ms. Klein explained they purchased the property in 1988 and put up a fence following instructions from the City. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:37 PM. Mr. Kuechle stated this seems like a straight forward request and he would be in favor. Mr. Kondrick commented that he is in favor of this proposal but wants to emphasize to all Fridley residents how critical it is that they be aware of the exact location of their property lines before doing any construction on their property. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to recommend to City Council approval of Vacation request, SAV #04-04 and the land exchange between the City and the Klein's. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 13 CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 2004 Page 3 of 10 3. Consideration of a street vacation, SAV #04-02, bv Menard Inc. to vacate an unused portion of 53' Avenue, which will allow Menard's to rework their existinq parkinq lot, aenerallv located at 5351 Central Avenue NE. Ms. Stromberg stated the petitioner is seeking to vacate an unused portion of 53`� Avenue that feeds directly into their parking lot. Granting this vacation will allow Menard's to redesign their parking lot. The redesign will allow for additional parking spaces. Ms. Stromberg stated that earlier this year, Menard's was granted a special use permit to allow the relocation of their yard entrance to the north side of their building. The relocating of the entrance will keep all truck traffic into the yard on the north side of the building which is where their loading docks are Iocated. Ms. Stromberg explained that both properties at 5351 Central Avenue (Menard's) and 5207 Central Avenue (Skywood Mall) are zoned C-3 General Business. The original building at 5351 Central Avenue (Menard's) was constructed in 1961. In 1965, storm damage to the building required reconstruction to its original design. An addition to the building was constructed in 1984 and in 1996 a special use permit was approved to allow agencies selling or displaying recreational vehicles, boats and marine equipment, machinery, manufactured homes, or other similar enterprises having merchandise in the open and not within an enclosed structure. Essentially, this special use permit allowed a lumberyard to sell and display lumber and other associated building materials within the rear yards of the subject properties. As a result of this special use permit, a sound wall / lumber shed was built. The original mall at 5207 Central Avenue was constructed in 1964 and in 1996 Menard's purchased the property. Upon purchase of the building, Menard's razed the existing 2-story office building behind the mall to expand their storage area. Menard's is planning to expand their operation into the Skywood Mall and use it for their building materials department. Ms. Stromberg further explained that the portion of 53�d Avenue proposed to be vacated is located just east of the Ground Round (Applebee's) site and extends into the existing Menard's parking lot. If vacated, the petitioner would gain a 90 foot by 200 foot strip of land that would allow them to redesign their parking lot and add parking spaces. 53�d Avenue could not be connected through as it seemingly dead ends in the Menard's parking lot and would have to go through the Menard's property, through a severe grade change, and other single family lots to ever be extended. Ms. Stromberg stated that staff recommends approval of this vacation request with the following stipulations: 1. Petitioner to apply for land alteration permit prior to redesign of the parking lot. 2. Redesign of the parking lot entrance plan to be approved by the City Fire Marshall and Public Works Director prior to issuance of land alteration permit. 3. Redesign of the parking lot entrance to include two drive aisles that shall not exceed 26 feet in width each. 4. The petitioner shall install stop signs at the exit points at the intersection of 53`a Avenue and Cheri Lane. 5. Fire lane to be striped and posted with "No Parking Fire Lane" signs. 6. The petitioner shall meet accessible parking requirements and identify stalls. 7. The petitioner to provide easements for the purposes of accommodating City and other utilities. 14 CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 2004 Page 4 of 10 8. The fence enclosure shall be properly maintained and kept in good repair. 9. All emergency access routes shall be kept free from materials, display and clutter that will block or deter the safe passage of emergency vehicles. Chairperson Savage asked if staff has heard any comments from neighboring property owners. Ms. Stromberg stated there were two calls received but they were simply inquiring about the location of the vacation. Mr. Kondrick asked if the Fire Marshall is aware of these changes. Is he is concerned that there could be cars parked in the area being vacated which could block access for emergency vehicles? Ms. Stromberg explained that the Fire Marshall has agreed to this redesign and it is meeting the radius and lane width requirements for emergency vehicles. She also explained that the site plan reflects landscaping in Yhe vacated area, but that landscaping will not be installed. Mr. Kuechle questioned why there is a statement that the drive aisles shall not exceed 26 feet when we're normally concerned with the minimum, not the maximum width. Ms. Stromberg stated 26 feet is the standard width for a drive access. The Public Works Director specified this stipulation because in an earlier drawing for this project, there was a 90 foot opening with no islands, no designated lanes, and no distinctions as to where people should be going in and out of the site. The Public Works Director felt it is important to define where the drive aisles will be, where the entrance is, where the exit is and reduce the size of the drive aisle. Ms. Johns commented that there are other access points to this parking lot and the Menard's building. Ms. Stromberg also pointed out that the Fire Marshall and Public Works Director will have to give their approval prior to issuance of the land alteration permit. She afso offered to share the board's concerns regarding safety with the Fire Marshall. Heather Solberg, representing Menard's, stated this vacation will provide an increase in parking spaces. She explained that the majority of their customers will park as close to the store entrance as possible and the vacated area is quite a distance from the entrance. She didn't believe there would be a significant amount of parking in that area except for peak times. Ms. Solberg stated this vacation will provide a safer entrance to the Menard's parking area. She added that Menard's agrees to all stipulations. MOTION by Mr. Kuechle, seconded by Mr. Kondrick to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:00 PM. Mr. Saba commented that he shares the same concerns as Mr. Kondrick but believes they are being addressed. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend to the City Council, approval of Vacation request, SAV #04-02 by Menard, Inc., to vacate an unused portion of 53`d Avenue, 15 CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 2004 Page 5 of 10 which will allow Menard's to rework their existing parking lot, generally located at 5351 Central Avenue, with the following stipulations: 1. Petitioner to apply for land alteration permit prior to redesign of the parking lot. 2. Redesign of the parking lot entrance plan to be approved by the City Fire Marshall and Public Works Director prior to issuance of land alteration permit. 3. Redesign of the parking lot entrance to include two drive aisles that shall not exceed 26 feet in width each. 4. The petitioner shall install stop signs at the exit points at the intersection of 53�d Avenue and Cheri Lane. 5. Fire lane to be striped and posted with "No Parking Fire Lane" signs. 6. The petitioner shall meet accessible parking requirements and identify stalls. 7. The petitioner to provide easements for the purposes of accommodating City and other utilities. 8. The fence enclosure shall be properly maintained and kept in good repair. 9. Alt emergency access routes shall be kept free from materials, display and clutter that will block or deter the safe passage of emergency vehicles. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Consideration of a Preliminarv Plat PS #04-5 bv Yoava Klucsar to divide one sinqle familv lot into two sinqe familv lots, aenerallv located at 1420 Rice Creek Road NE. 5. Consideration of a Street and Allev Vacation SAV #04-03 bv Yoava Klucsar to vacate an unimproved portion of Carlton Street and an unimproved 12 foot allev. located on the northeast side of the petitioner's propertv, these vacations would allow a plat without encumbrances, qenerallv located at 1420 Rice Creek Road NE. MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:01 PM. Ms. Stromberg stated she would like to address both of these items at the same time. She explained the petitioner is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side of his property. These vacations will allow a plat without any encumbrances. The petitioner is also seeking to replat his property located �t 1420 Rice Creek Road into two single family lots. Ms. Stromberg explained that the existing home was built in 1951 and the garage on the east side of the lot was built prior to 1949 or wasn't issued a building permit. A second garage was constructed in 1991 and is located next to the home. In order for that garage to be constructed, a variance was granted to increase the total floor area of all accessory buildings from 1,400 square feet to 1,932 square feet. The lot is approximately 193 feet by 238 feet, which is 42,208 square feet. The petitioner plans to subdivide the lot into 2 singe family lots, one of which will accommodate the existing home and the second garage that was constructed in 1991; and the other will accommodate the original garage and will allow for the construction of a new single- family home. 16 CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 2004 Page 6 of 10 Ms. Stromberg stated that Fridley requires lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be approximately 117 feet in width and 28,461 square feet in size after the replat. The proposed Lot #2 will be approximately 77 feet in width and 17,747 square feet in size after the replat. Ms. Stromberg further explained that while preparing the preliminary plat, the petitioner's surveyor discovered that an unimproved 30 foot portion of Carlton Street and an unimproved 12 foot alleyway exists on the property and has never been vacated. Neither the street or alley could be utilized or connected through, nor are there any underground utilities that would cause the street or alley to not be vacated. Therefore, the engineering department supports this vacation request. Ms. Stromberg stated staff recommends approval of this street and alley way vacation and the preliminary plat based on the following: • Neither street nor alley could be utilized or connected through. • Proposed lots exceed the size standards required by the City of Fridley zoning code. • Provides additional homeownership opportunities for Fridley residents. Ms. Stromberg also stated that if the vacation and plat are granted, the following stipulations be attached: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Petitioner to provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot #2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot #2 shall be made compatible with the future residential structure on this site through the addition of a residential roof design and siding. Ms. Johns asked if Stipulation #7 is triggered by the start of construction or completion of construction of the new home on Lot #2. Ms. Stromberg responded the home must be started. Petitioner Yoava Kluscar stated he doesn't need all this land and would like to subdivide and sell off a portion of it. Chairperson Savage asked if Mr. Kluscar if he agrees with the stipulations. Mr. Kluscar responded that he does. Carol Westover, property owner to the southeast of this parcel, questioned what the front yard setback for the new home will be, what the setback of the garage on Lot #2, what the side yard 17 CITY OF FRIDLEY PLANNING CONIMISSION MEETING, OCTOBER 6, 2004 Page 7 of 10 setback will be for the home, and how the hill on the corner of this property that adjoins her property will be handled. Ms. Stromberg explained the minimum front yard setback from Rice Creek Road will be around 63 feet for the new home. The required setback is 35 feet but because the petitioner's house is setback so far on the lot, the new home will have to be set back at least 63 feet. The existing garage on Lot #2 at the closest point is 5.66 feet from the east property line. Detached garages can be located 3 feet from the property line. The new home must be a minimum of 10 feet from the side property line for living space. Ms. Westover questioned if the items that are currently being stored in and around the garage on Lot #2 will remain. Ms. Stromberg responded that the petitioner plans to sell the property and she is not aware of what the buyer's intentions would be, but assumes the current storage items belong to the petitioner. Ms. Johns commented that one of the stipulations staff has recommended is that the garage must be made compatible with the new home, so there will be some improvements made. As far as Ms. Westover's concern about the hill on the corner of this property, Ms. Stromberg if there is a severe grade change, a grading and drainage plans would have to be submitted to City staff with the building permit for the new house. MOTION by Mr. Kondrick, seconded by Mr. Kuechle to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:15 PM. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend approval of Vacation request, SAV #04-03, by Yoava Klucsar, to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley, located on the northeast side of the petitioner's property, generally located at 1420 Rice Creek Road, with the following stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Petitioner to provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot #2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot #2 shall be made compatible with the future residential structure on this site through the addition of a residential roof design and siding. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. : CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 2004 Page 8 of 10 MOTION by Mr. Kondrick, seconded by Ms. Johns, to recommend to the City Council, approval of preliminary plat request, PS #04-05, by Yoava Klucsar, to divide one single family lot into two single family lots, generally located at 1420 Rice Creek Road, with the following stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Petitioner to provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot #2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot #2 shall be made compatible with the future residential structure on this site through the addition of a residential roof design and siding. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 6. Receive the minutes of the Julv 1. 2004, Housinq and Redevelopment Authoritv meetinp. MOTION by Mr. Saga, seconded by Mr. Kondrick to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 7. Receive the minutes of the Auqust 5, 2004 Housinq and Redevelopment Authoritv meetinq. MOTION by Ms. Johns, seconded by Mr. Kuechle, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 8. Receive the minutes of the September 3, 2004. Housinq and Redevelopment Authoritv meetinq. MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 9. Receive the minutes of the Julv 14, 2004, Appeals Commission meetinq. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 19 CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 2004 Page 9 of 10 10. Receive the minutes of the Auqust 11, 2004, Appeals Commission meetinq. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 11. Receive the minutes of the September 8, 2004 Appeals Commission meetinq. MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 12. Receive the minutes of the Julv 20, 2004, Environmental Qualitv & Enerqv Commission meetinq. MOTION by Ms. Johns, seconded by Mr. Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 13. Receive the minutes of the June 7. 2004 Parks & Recreation Commission meetinq. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ONA UNANIMOUS VOTE. 14. Receive the minutes of the September 21, 2004 Environmental Quality & Enerav Commission meetinq. MOTION by Ms. Johns, seconded by Mr. Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. OTHER BUSINESS: Ms. Stromberg stated the October 20th Planning Commission meeting has been cancelled due to a lack of submitted items. The next regular meeting will be held November 3. Ms. Stromberg encouraged the Planning Commission members and the viewing public to attend the third housing forum on October 14, 7:00 p.m. at the Fridley Community Center. ADJOURN MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn. �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 2004 Page 10 of 10 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE AND THE MEETING ADJOURNED AT 8:20 PM. Respectfully submitted b�r 7 �� / � �� .-_._ .--- %�5�" R�6ecca Brazys Recording Secretary 21 � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 25, 2004 crrr oF FRIDLEY Date: October 11, 2004 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Vacation Request, SAV #04-02, Menard, Inc. M-04-133 INTRODUCTION The petitioner representing Menard Inc., Marv Prochaska, is seeking to vacate an unused portion of 53`d Avenue that essentially feeds directly into their parking lot. Granting this vacation will allow Menard's, to redesign their parking lot. The redesign will allow for additional parking spaces. The portion of 53�d Avenue proposed to be vacated is located just east of the Ground Round (Applebee's) site and extends into the existing Menard's parking lot. If vacated the petitioner would gain a 90 ft. by 200 ft. strip of land that would allow them to redesign their parking lot and add parking spaces. 53�d Avenue could not be connected through as it seemingly dead ends in the Menard's parking lot and would have to go through the Menard's property, through a severe grade change, and other single family lots to ever be expanded. PLANNING COMMISSION RECOMMENDATION At the October 6, 2004, Planning Commission meeting, a public hearing was held for SAV #04-02. After a brief discussion, the Planning Commission recommended approval of SAV #04-02, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner to apply for land alteration permit prior to redesign of parking lot. 2. Redesign of parking lot entrance plan to be approved by City Fire Marshall and Public Works Director prior to issuance of a land alteration permit. 3. Redesign of parking lot entrance to include two drive aisles that shall not exceed 26 feet in width each. 22 4. The petitioner shall install stop signs at the exist points at the intersection of 53`a Avenue and Cheri Lane. 5. Fire lane to be stripped and posted with "No Parking Fire Lane" signs. 6. The petitioner shall meet accessible parking requirements and identify stalls. 7. The petitioner to provide easements for the purposes of accommodating City and other utilities. 8. The fence enclosure shall be property maintained and kept in good repair. 9. All emergency access routes shall be kept free from materials, display and clutter that will block or deter the safe passage of emergency vehicles. 23 City of Fridley Land Use Application SAV #04-02 October 6, 2004 GENERAL INFORMATION Applicant: Menard, Inc. 4777 Menard Drive Eau Claire WI 54703 Requested Actions: Vacate an unused portion of 53rd Avenue. Existing Zoning: C-3 (General Shopping District) Location: 5351 Central Avenue & 5207 Central Avenue Size of Property: 5351 Central Ave (Menard's) — 2.58 acres 5207 Central Ave (Skywood Mall) — 1.87 acres Existing Land Use: Menard's Surrounding Land Use & Zoning: N: Interstate 694 & ROW E: Single Family & R-1 S: Live Inn Suites & C-3 W: Embers, Super Stop & C-3 Comprehensive Plan Conformance: Consistent with Plan. Property History: 1961 — Menard's constructed. 1965 — Building reconstructed due to storm damage. 1984 — Addition built. 1997 — Wall/lumber shed constructed. Legal Description of Property: See Attached Certificate of Survey. Public Utilities: Business is connected. Transportation: 53�d Avenue and Cheri Lane provide access to the property. SPECIAL INFORMATION Physical Characteristics: Lot consists of the Menard building, mall building, outdoor storage areas, parking lots, as well as tree-covered areas. SUMMARY OF REQUEST Mr. Prochaska, who is representing Menard's Inc., is seeking to vacate a unused portion of 53`d Avenue, which will enable Menard's to re-work their existing parking lot SUMMARY OF ANALYSIS City Staff recommends approval of the street vacation, with stipulations. � Street can't be connected through. CITY COUNCIL ACTION / 60 DAY DATE City Council — October 25, 2004 60 Day Date — November 1, 2004 Staff Report Prepared by: Stacy Stromberg 24 SAV #04-02 REQUEST The petitioner representing Menard Inc., Marv Prochaska, is seeking to vacate an unused portion of 53`d Avenue that essentially feeds directly into their parking lot. Granting this vacation will allow Menard's, to redesign their parking lot. The redesign will allow for additional parking spaces. As you will recall, earlier this year, Menard's was granted a special use permit to allow the relocation of their yard entrance to the north side of their building. The relocating of the entrance will keep all truck traffic into the yard on the north side of the building, which is where their loading docks are located. HISTORY AND ANALYSIS Both the properties at 5351 Central Avenue (Menards) and 5207 Central Avenue (Skywood Mall) are zoned C-3 General Business. The original building at 5351 Central Avenue (Menards) was constructed in 1961. In 1965, storm damage to the building required it to be reconstructed to its original design. An addition to the building, was constructed in 1984 and in 1996 a special use permit was approved, to allow agencies selling or displaying recreational vehicles, boats and marine equipment, machinery, manufactured homes, or other similar enterprises having merchandise in the open and not within an enclosed structure. Essentially, this special use permit allowed a lumberyard to sell and display lumber and other associated building materials within the rear yards of the subject properties. As a result of this special use permit, a sound wall/lumber shed was built. The original mall at 5207 Central Avenue was constructed in 1964 and in 1996, Menards purchased the property. Upon purchase of the building, Menard's razed the existing 2-story office building behind the mall to expand their storage area. Menards is planning to expand their operation into the Skywood Mall and use it for their building materials department. The portion of 53�d Avenue proposed to be vacated is located just east of the Ground Round (Applebee's) site and extends into the existing Menard's parking lot. If vacated the petitioner would gain a 90 ft. by 200 ft. strip of land that would allow them to redesign their parking lot and add parking spaces. 53`d Avenue could not be connected through as it seemingly dead ends in the Menard's parking lot and would have to go through the Menard's property, through a severe grade change, and other single family lots to ever be expanded. City staff hasn't heard any comments from neighboring property owners. 25 Area to be vacated ana re-aesignea RECOMMENDATIONS City Staff recommends approval of this vacation request, with stipulations. STIPULATIONS Staff recommends that if the street and alley way vacation is granted, the following stipulations be attached. 1. Petitioner to apply for land alteration permit prior to redesign of parking lot. 2. Redesign of parking lot entrance plan to be approved by City Fire Marshall and Public Works Director prior to issuance of a land alteration permit. 3. Redesign of parking lot entrance to include two drive aisles that shall not exceed 26 feet in width each. 4. The petitioner shall install stop signs at the exist points at the intersection of 53`d Avenue and Cheri Lane. 5. Fire lane to be stripped and posted with "No Parking Fire Lane" signs. 6. The petitioner shall meet accessible parking requirements and identify stalls. 7. The petitioner to provide easements for the purposes of accommodating City and other utilities. 8. The fence enclosure shall be property maintained and kept in good repair. 9. All emergency access routes shall be kept free from materials, display and clutter that will block or deter the safe passage of emergency vehicles. 26 RESOLUTION NO. RESOLUTION TO VACATE AN UMIMPROVED PORTION OF 53RD AVENUE, GENERALLY LOCATED AT 5351 CENTRAL AVENUE NE. WHEREAS, this portion of 53�d Avenue is an unimproved right-of-way and is not used by the general public; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep this unused right-of-way; and WHEREAS, a public hearing was held on this matter by the Planning Commission on October 6, 2004 and the City Council on October 25, 2004. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: The street and utility easement as described in Document No. 493003 on file in the office of the County Recorder, Anoka County, Minnesota, more particularly described as follows: The South 60 feet of the East 200 feet of the West 439 feet of Lot 11, Auditor's Subdivision No. 94. The City of Fridley and other parties who maintain utilities shall retain and reserve the use of the above described property for utility purposes only. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25th Day of October, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK 27 SCOTT LUND - MAYOR f f QTY OF FRIDLEY TO: AGENDA ITEM COUNCIL MEETING OF OCTOBER 25, 2004 WILLIAM W. BURNS, CITY MANAGER FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR ALAN D. FOLIE, ASSISTANT FINANCE DIRECTOR SANDRA K. HARA, UTILITY BILLING CLERK SUBJECT: DATE: CERTIFICATION OF DELINQUENT UTILITY SERVICES October 21, 2004 Attached is a resolution for the purpose of certifying delinquent utility accounts to the County for collection with the taxes in the yeax 2005. All property owners have been notified that the utility bills are being certified to the County and have been given adequate opportunity to pay the bill. The penalTy shown on this resolution is in addition to the regular penalties that accrue on the utility bills. The number and dollar value of accounts varies each year. We cannot be sure of the final count or dollar value until mid-November since property owners have 20 days after the adoption of the resolution to pay without penalty. RDP/me Attachment : RESOLUTION NO. 2004 A RESOLUTION CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 2005 TAXES WHEREAS, certain utility services for the City of Fridley are delinquent in payment, and WHEREAS, Chapter 402, Water and Sewer Administration, Chapter 113, Solid Waste Disposal and Recycling Collection, Chapter 216, Storm Water Drainage Utility, and Section 1.02 of the City Charter provides for the certifying of delinquent charges to the County Auditor for collection with the taxes, and NOW, THEREFORE BE IT RESOLVED, that the City Clerk is hereby authorized and directed to certify the following charges to the County Auditor for collection with the 2004 taxes due and payable in the year 2005, to wit: All these noted in Exhibit "A" attached hereto and made a part hereof by reference. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS �' DAY OF OCTOBER, 2004. — ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. 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BURNS, CITY MANAGER � RICHARD D. PRIBYL, FINANCE DIRECTOR � SUBJECT: MODIFICATIONS TO THE 2004 BUDGET DATE: OCTOBER 19, 2004 Attached you will find a resolution amending appropriations to the 2004 Budget, in accordance with the City Charter. The adjustments listed have arisen as a result of various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget Reappropriation form. We request that the Council approve the amendment of the attached budgets. RDP/ce Attachment 39 RESOLUTION # - 2004 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2004 BUDGET FOR JANUARY THRU OCTOBER, 2004 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2004. NOW, THEREFORE, BE IT RESOLVED that the following funds will be amended as follows: REVENUE ADJUSTMENTS Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement APPROPRIATION ADJUSTMENTS Police-Capital Outlay Police-Other Services & Charges Police-Personal Services Police-Personal Services Police-Personal Services GENERAL FUND 28,114 Ins Reimbursement-Squad 378 1,813 Ins Reimbursement-98 Chevy 1,107 Safe & Sober Grant 1,062 Safe & Sober Grant 281 Homeland Security Reimbursement �_ 7 28,114 Replace Squad 378 1,813 Repairs on 98 Chevy 1,107 Safe & Sober Patrol Wages 1,062 Safe & Sober Patrol Wages 281 Homeland Security Wages Reserve-Other Services & Charges 11,460 Phone System Upgrade Muni Center-Other Services & Charges 6,918 Phone System Upgrade Engineering-Other Services & Charges 4,542 Phone System Upgrade � CAPITAL IMPROVEMENT FUND STREETS CAPlTAL IMPROVEMENT REVENUE ADJUSTMENTS Minnesota Dept of Transportation APPROPRIATION ADJUSTMENTS. 21, 096 State Aid-Signal Improvements Streets-Other Financing Uses 21,096 Signal Improvement Univ & 69th. .� 0 RESOLUTION NO. -2004 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF OCTOBER, 2004. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK File=1H\City-Reapprop/04 Jan-Oct 04 Reappropriations.XLS 10/19/04 41 � CffY OF FRIDLEY To: From: Subject: Date: AGENDA ITEM CITY COUNCIL MEETING OF October 25, 2004 William B. Burns, City Manager �� Richard Pribyl, Finance Director Debra A. Skogen, City Clerk Resolution Appointing Additional Election Judges for the 2004 Two Year Election Cycle October 20, 2004 Since Resolution No. 2004-38 was adopted in August, we have had several additional requests for people to serve as election judges, received additional names from the major political parties and received phone ca11s from previously appointed election judges who can no longer serve in the general election. The attached resolution officially appoints additional election judges for the 2004 two-year election cycle. The election judges are being appointed without precinct assignments at this time to allow the city more flexibility in determining precinct assignments. These additional election judges have received the state required minimum training which qualifies them to serve a two year term as an election judge. � RESOLUTION NO. - 2004 RESOLUTION APPOINTING ADDITIONAL ELECTION JiJDGES FOR THE 2004 GENERAL ELECTION WHEREAS, there has been a peaked interest in individuals serving as an election judge; and WHEREAS, some previously appointed election judges can no longer serve in the general election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a regulaz meeting on October 25, 2004: SECTION 1 SECTION 2. voting: That on the 2"d day of November, 2004, there shall be a Statewide General Election: That the polling place will be open from 7:00 a.m. to 8:00 p.m. for the purpose of SECTION 3: That the following additional individuals are hereby appointed to act as Judges for said election; except that the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of the City Charter: Robert Bussey Jean Coyle Robert Dahlstrom Maryls Dunlap William Dupay John Innes Sharon James Del Jenkins Debbie Koenen Christopher Menon Nancy Ocasio Albarran Antheness Robinson Darlene Sammarco Barbara Severni Fred Severni Richard Smith Jon Soule Marlene Steichen Lester Wilsey SECTION 4. Compensation for said Judges will be paid at the rate of $7.75 per hour for regular Judges and $8.25 far the Chairperson of the Election Board. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN, CITY CLERK `�' � SCOTT J. LUND, MAYOR � AGENDA ITEM � COUNCIL MEETING OF OCTOBER 25, 2004 GTY OF FRIDLEIf CLAIMS 118624 -118903 ..�� 0 � � CfiY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, 2004 LICENSES Type of License : TREE REMOVAL AND TREATMENT North Star Tree Care Inc. Nathan Gruber 11951 Lake Road Pierz, MN 56364 CHRISTMAS TREE SALES Menard, Inc. Scott McKenzie 5351 Central Av. Fridley, MN 55432 Y�. t�� Approved By• Public Works Director Public Safety Director Fire Inspector Community Dev Director AGENDAITEM City Council Meeting Of Monday, October 25, 2004 City of Fridley Gas Services Fireplace Professionals The 5297 Kehier Dr Albertville MN 55301- Statewide Home Supply 8 Service 360 14 1 /2 Ave Turtle Lake WI 54889- General Contractor-Commercial Advance Companies Inc 6400 Central Avenue NE Fridley MN 55432- Chuba Co. 19276 Vemon St NW Elk River MN 55330- Expert Painters 415 63 Avenue NE Fridley MN 55432- Harris Dick Co. 6200 Rivenriew Ter NE Fridley Mn 55432- Lindstrom Cleaning 8� Const (1087) 9621 10 Ave N Plymouth MN 55441- Rossbach Construction (1355) 2578 7 Ave E North St Paul MN 55109- � Jason Halverson Hal Weber Larry Trapp Del Bauers Tim Fowler Richard Harris Gary Hennen Rick Rossback .� Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � General Contractor-Residential AJS Construction (20177567) 9747 3 St NE Arlette Sanderson Blaine MN 55434- Brunn Remodeling Inc (20373698) 2161 108 Lane Bill Bnann Blaine MN 55449- Construction Plus Inc (202695021) 1300 Independence Ave S Gregory Weir St Louis Park MN 55426- Imperial Homes Inc (20014230) 1000 Co Rd E W Richard Riemersma Shoreview MN 55126- Meadow View Homes Inc (20024837) 14621 Aberdeen St NE Jeffrey Cruz Ham Lake MN 55304- Modern Concept Builders Inc (3114) 10748 Direct River Dr Chester Anderson Coon Rapids MN 55433- Northern Crest Inc (20098415) 7401 Central Ave NE Bill Olson Fridley MN 55432- RamJack of Southem MN (20143377) 54004 Loren Dr Victor Barke Mankato MN 56001- Tacheny Roofing 8 Siding (7596) 2980 Rice Street Daniel Tacheny Little Canada MN 55113- US Vico Inc (20326350) 2925 Dean Parkway Blake Bjorlin Minneapolis MN 55416- 47 Approved Bv: State of MN State of MN State of M N State of MN State of MN State of M N State of MN State of M N State of MN State of M N Heatinq Snelling The Co Inc 1404 Concordia Ave St Paul MN 55104- � Philip Krinkie Mobile Home Installer Statewide Home Supply & Serivice Line 360 14 1/2 Ave Hal Weber Turtle Lake WI 54889- Town's Edge Homes Inc 14509 Hwy 23 Cold Spring MN 56320- Plumbing Buchman Plumbing Co Inc 4358 Lyndale Ave N Minneapolis MN 55412- Siqn Erector Nordquist Sign Company 312 W Lake St Minneapolis MN 55408- Pride Neon Inc 3010 W 10 St Sioux Falls SD 57104- Gene Hesse Jeff Buchman Richard Nordquist III George Menfe �• Approved By: Ron Julkowski Building Official State of M N State of M N State of M N Ron Julkowski Building Official Ron Julkowski Building Official � � Clllf OF F6IQLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, 2004 ESTIMATES Northwest Asphalt, Inc. 1451 Stagecoach Road ` Shakopee, MN 55379 2004 Street Improvement Project No. ST. 2004 —1 Estimate No. 4 ................. Ron Kassa Construction, Inc. 6005 — 250�` East Elko, MN 55020 ............................................................. $ 17,971.74 2004 Miscellaneous Concrete Repair Project No. 355 EstimateNo. 3 .................................................... Michels Corporation 16500 West Rogers Drive New Berlin, WI 53151 ........................... $ 3,565.45 Sanitary and Sewer Lining Project No. 354 Estimate No. 1 ....................................................................................... $ 59,363.70 .• � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 25, 2004 CRY OF FRIDLEY `e �� TO: WILLIAM W. BURNS, CTTY MANAGER�'�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TII2EVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE 2004 NITISANCE ABATEMENT DATE: October 14, 2004 Attached is the Public Hearing Notice for the assessment for the 2004 Nuisance Abatement. Notice was published in the Focus newspaper on September 16, 2004 as required by State Statute. The public hearing is being continued from the October 4, 2004 Council Meeting. The public hearing is in regard to two abatements done during 2004, in which no payment has been received for the work that was done. The first abatement is for the installation of a sump pump line connection located at 7699 Highway 65. This has been set up as a one-year assessment in the amount of $9,717.00 The second abatement has to do with mowing of nuisance weeds. The property is located at 7601 Arthur Street. The one-year assessment, in this case, is $113.16. RDP/gt Attachment 50 PUBLISHED IN THE FOCUS CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct public hearings at 7:30 p.m. on October 4, 2004 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2004 STREET IMPROVEMENT PROJECT Proj ect #2004-1 2003 ALLEY PAVING PROJECT Project #2003-3 2004 NUISANCE ABATEMENT 7601 Arthur Street 7699 Highway 65 Assess 10 years @ 6.5% Interest $106,171.67 North Park Neighborhood Assess 10 years @ 6.5% Interest $21,336.00 Assess 1 year @ 6.5% Interest $9,830.16 The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individua.l assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Publish: September 16, 2004 Scott J. Lund Mayor 51 � � C17Y O�F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, 2004 ,�,�TO: WILLIAM W. BURNS, CITY MANAGER�c�g� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIItEVOLD, SPECIAL ASSESSMENTS C/1►i SUBJECT: RE50LUTION ADOPTING THE ASSESSMENT FOR THE 2004 NUISANCE ABATEMENT DATE: October 14, 2004 Attached you will find the final assessment roll for the 2404 Nuisance Abatement along with the Resolution to adopt the assessment. The Public Hearing for this assessment was continued from the October 4, 2004 City Council meeting. The adoption of the assessment was tabled until the October 25, 2004 meeting. The assessment includes 2 properties at a cost of $9,830.16. The assessmetrt will be certified for 1 year at an interest rate of 6.5%. RDP/gt Attachment 52 RESOLUTION NO. 2004 RESOLUTION ADOPTING ASSESSMENT FOR 2004 NUISANCE ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2004 Nuisance Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments e�ending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2005, and sha.11 bear interest at the rate of 6'/Z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be e�ended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF OCTOBER, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 53 ASSESSMENT ROLL FOR THE 2Q04 NUISANCE ABATEMENT Name PIN No . Actual Assessment SpineCare P.A. 12-30-24-21-0�2 $ 9,717.00 7699 Highway 65 Fridle , MN 55432 Jeffrey Pappenfus 12-30-24-11-0122 $ 113.16 7601 Arthur Street Fridley, MN 55432 54 � � CffY OF FRIDLEY To From: Date: AGENDA ITEM CITY COUNCIL MEETING OF October 25, 2004 William W. Burns, City Manager�� Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk October 21, 2004 Re: First Reading of an Ordinance Amending Chapter 30 of the Fridley City Code by Imposing Additional Requirements on Licensed Organization Conducting Lawful Gambling Within the City. Attached is an ordinance which would amend Chapter 30 of the Fridley City Code. This ordinance would impose additional requirements on licensed organizations conducting lawful gambling with the city of Fridley. This ordinance was drafted at the request of the City Council and discussed at a City Council conference meeting earlier this month. Since that meeting, letters were drafted and mailed to all licensed lawful gambling organizations and the establishments from which they lease. Letters received from several organizations are included with this memo to help you determine what action you might take. If you wish to proceed with this ordinance, the action taken this evening would be to hold the first reading of the ordinance or ta.ble it for further consideration. 55 ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRIDLEY, MINNESOTA, AMENDING CHAPTER 30 OF THE FRIDLEY CITY CODE BY IMPOSING ADDITIONAL REQUIl2EMENT5 ON LICENSED ORGA1vIZATIONS CONDUCTING LAWFUL GAMBLING WITHIN THE CITY. The City Council of the City of Fridley, Minnesota, hereby ORDAINS: That the Fridley City Code shall be amended and renumbered by inclusion of the following language. 30.03. REGULATIONS. 1. No licensed or�anization shall be permitted to conduct lawful gambling within the Citv of Fridlev until it has first established anv of the following: a) that a maiority of its membership resides within the City of Fridley; or b) that a maioritv of its Board of Directors or anv similar such bodv resides within the Citv of Fridlev; or cl the or�anization conducts at least SO% of all of its non-�amblin� related activities or events within the Citv of Fridlev." At the time of application for renewal, the anplicant shall submit proof that these requirements have been met. "ProoP' for purposes of this section, shall consist of not less than a sworn affidavit establishins compliance with either "a" or "b" above; or a statement provided bv a Certified Public Accountant (CPA), attesting to the percentage of exnenses related to non-gambling activities, as comuared to total expenses of the full or�anization. The certified statement qrovided bv a Certified Public Accountant shall be accomnanied bv a verifiable annual report of expenditures based upon Generallv Accepted Accounting Principles (GAAP) and other industrv related standards. 2. Any organization holding a license to conduct lawful gambling within the Citv of Fridley on August 1, 2004, that does not comulv with the above-stated restrictions will be permitted to continue holding an unlawful gamblin� license in the Citv of Fridley without comulving with these restrictions until Apri130, 2007. 3. Notwithstanding the fore�oin� provisions, anv organization that operates as a sin�le entity egclusivelv for charitable purposes throughout the 5tate of Minnesota that: 1) has no fewer than 6 other lawful gamblinE locations licensed outside of the Citv of Fridlev; and 2) has had a verifiable annual budget in ezcess of ten million dollars annually shall be exempt from these requirements. Passed and adopted by the City Council of the City of Fridley this day of Attest: Debra A. Skogen, City Clerk 56 Scott J. Lund, Mayor � � 10/20/2004 11:50 6514539274 0 � CLIMB THEATRE Pac,E 01 / 02 To: ��{J / G i�`� 0'i' �t�r d L�� Fram: �'� ��ut-n , , Fax: `%� �J � �d c�.`� � �1 � �- P�� _ . -� -�?_'1--- -�,/-� � � � Phon.�: Date: _ /� _-- � b - 0 � Re: CC: Camrm.ents: CLIlV�B Theatr� 64�5 :Cannen Ave E Inver: Grove He�ights, MN S50'76 Ph:{6';51) 453 9275 �: (sop} ��7 9s6o Pax: �5S 1) 453 9274 57 10/20/2004 11:50 6514539274 To Wham It May Concezz�,: CLIMB THEATRE This lette;r zs tQ request that you do nat change your czry ordinances as they relate to charitable gazz�in.g. � Cl�zx�b's wark sets new sta�dazds for touri�g educanvz�al children's theatxes_ Founded i�zx 1975, Climb Theatr� is an awa�d-winning cazx�pany pz�oviding CLll4iB Thealre, baG �1ays az�d dzaz�,a elasses on topics �e bullying, respecz, se��-eontrol, substance abuse pzev�ntion; and envicoz�z�xental •protect�az�_ 64]5 Carmen Ave, �. imver Grave fleights, MN 5507� (G51) 453-9E7� 1-$00-767-4666 "Drama bzxzags to life issues that are sametimes difficult to address thxough con�v�rsations and �essons. What Cliuc�b '�eater does makes a clifference ix� children and puts a fire in them tl�at caa� be hard to extinguish. Tharil� you £or yaur cfforts to iuoapact the �ture, one cb.i�d and sck�ool at a time: ' -Carrie Raddatz, �'eacher, Cass Lake ,8ena Elementary Schoot, Cass ,�rxke, MN FAX; (65�) 953-92't4 Clir�b �eatre's missio�: is "to originate an�d pez�ozm plays, classes az�d ot�aer ,�^ww.climb.orR czeat�ve Works that inspzze and propel youz�.g people toward act�oz�s that benefit themselves, eacb, other and the coz�awnity." Climb does tb;is in Minnesota, as m��,,a;� well as the u��er Midwest, reaching ove� 300,a00 yo�th per year. �'bas i,neludes sevez�al sck�vols in Fridley, wk�ere Woodcrest Elexx�,e�atary and Stevenson Eiementary are av�d supporters. o£ Cli.zz�b's wark. Climb's ability to be so effective iz� scl�ools is dependez�t oz� aur ability to be in sehools. It is our lawi'ul eharitable gamblin.g sites that make being in schools �ossible by making ouz� pzogzamming af�foz�dab�e for sehools. Allvwi.ng C�i.�oab's aetivities to cvz�tiuriue will allow t�iousands of chi�d�ren to �cnow the joy of theatre wb�ile learning ix�valuable life skil�s. Tha�c yvu �or your time aznd consideration. ��ease let me know if Z �am pzov�de any addaiao� iaaformation. . S�.cerely, Karen Wix�CUs Grar.�o.bl.zz�g Manager b51-4S3-9275 Bxt. 11 lsaren@climb.org : /02 Giimb is Creative Leaming ldeas far Mind & B�y r .� � SPRING LAKE P�RI� LI�lo]�S {.�' - � � 8433 CeAter Drive N.E. • Spriog Lake Park, MN 55432 Phone 763-784 9179 Fax 763-784-91b7 DATE1� -- r �'-- �� y TO �� }� r�� k� � N.�a C` /L�E G� 7�r �� Sc� ��1 �! 7 Z LOCATION �,`•r-+.. �r�� j,-� u . FROM � �t v� .� / � � v- NUR�ER PAGES NOT INCLUDING COVER SF�ET �Z NOTES _ � . � i ,e b - .rL � Li n Lt �1. P ��_4i !. A i%. t: r" I�.ti t/'! �v-n ;�.n. bvti ? — /� 1 7r %'� �.�.a c.cJ . `��M¢��ti^ �c�, IV-Crcvy� . . . . � CONFIDENiTALITY NOTICE _ the documents accompanying this fax r,ontain confidential information which is privileged. The inf�rmation is intended only for the use of the intended. recipient named above. If you are not the intended recipient, you are hereby notified that a.ny disclosure, copying, disYribution, or the taking ' of any action in reliance on the contents of tlus telecopied information except in its direct delivery to the intended recigient s►amed above is str'sctly prohibited. If you have received.this fax in error, please notify us immediately by telephone to arrange for return of the originai documents to us: �- ..� .. _ _ . •, � .� SPRING LAKE PARS LIQN5 _. �. 8433 Center Drive N.E. • Spring Lake Park, MN 55432 October 18, 2004 Debra Skogen, CMC City Clerk Fridley Municipal Center 6431 University Ave. NE Fridtey, Mn. 55432 Re: Your letter of Oct. 4'�, 2004 - arciinauce amending Fridley City Code Dear Debra, Th� Spring Lake Park Lions now operate a Charitable Gambling Site at Sandees Restaurant in : Fridley. Tbrough our relaiionship with 5andees and other sites in the local area, have been ab�e to $uPPort many activities in tl�e Fridley commutufy. The Lions do not zetain earnin.gs for special i�terests, all funds are used to sugpart local community activities. During Fiscal Year 03 - 04 the Lians club donated over $i I8,000.00 to organizations in Sprin.g Lake Park and Fri.dley.(copy attached} These donations supported in ` Part, but not in tot�l, ficc>m pu�ltab sales at Sandees. , While it is hard to sepazate donatio�s becavse our communities are so closely linked, here are some specific donations I have pulled frorn my files: . - City of Fridley - 9111memorial - $2,000 Fridley High Scholarships - $2,000 . , . _ Unity Hospita! Foundativn - $2,500 Spiing Brook Center ' = $S,OUO . ' Z'amarick Resour�es - $5,000 District 16 Schools - $64,040 As the ordnance is now written we cauld not aperate the Sandees site. We, of course, would 1�7ce to see aa: exceptian for the Spring Lake Park Lions in the wording of the ordnance. ; Co � Y� . %�.:.-..-- , : ean Kellez � - GM � 0 SAMPLE LIST OF SPRING LAKE PARK LIONS CHARITABLE DONATIONS THAT BENEFIT FRIDLEY RESIDENTS - FY, 03-04 ANOKA COUNTI� COMMUNITY ACTION PROGRAM - ACCAP $ 1,300.OU � ARC, ANOKA CO. LIBRARY, MISC. PROGR.AMS $13,040.00 ` CITY FRIDLEY 1911 MEMORIAL $ 2,000.00 - CENTR.AL CENTER FOR FAMILY RESOURCES $1 O,QQ0.00 � FRIDLEY H.S. SCHOLARSHIPS $ 2,000.00 MERCY HOSPITAL FOUNDATTON $ 2,500.00 S.A.C.A. (SOUTF�RN ANOKA CO. COMM. ACTION} $ 9,000.00 DTSTRICT 16 SCHOOLS �64,000.00 SPRING BRO�K NATURE CENTER $ 5,000.00 - . TAMARISK RESOURCES 5 000.00 _ $118,800.00 These fwids aze for the Fiscal Year 43 = 04, and do not include scholarship money given out by the Lions District 15, Scholarship Foundation each year. i , _ �''-�� ,+�,�"1 a � t 4, � '► � .� J� '� �� i! '�� 'w ; ' `r �, � � �� 5 � t a 6490 Central Ave. at Mississippi St. — Fridley, NiN 55432 Phone: 763-571-2140 Fax: 763-571-9585 October 20, 2004 Deb�ca Skogen City Clerk City of Fridley � 6431 Uz��ve�sity Ave. NE Fc�dley, MN 55432 Debz�a Skogen: We are writin,g with questions and concerns we have about the information received pertaining to the adopting o� an ozdinance amending the city code oz� lawful gambling. Why does the councii fael these additional regulations are necessary? Hav� there been �roblems? We have not been formally approack�ed by any Fridley organizations seeking to sell pull tabs at Sandee's. We have had the Spring Lake Park Lions operating a pull tab booth ai Sandee's £or numerous yean. They pzovide support in many areas through their donation.s to yovth, seniors and the community sezvices. We feel you wilI be eliminating many youth organ'tzations from being eligible to operate lawful gambling. Many o�these organizations have had to combine with surrounding cities in order to remain in operation. ��s means some years they may qualify and some they z�ay �ot. Why have an exemption for the lazger state wide organizations7 Az�e you in favor of operations that are unaware of our eommunity neads taking the place a� toca� organazations? We hope tk�e council will take a laok at all azeas of concern before ma�cing their decisian. �t s�.ould be a regulation that su�ports the majority of the commuziity. We #'eel a meeting witk� all concerned businesses would be appropriate. Si �y, \ ��--rV� Gary and G�nthia Braam .:! � � Y( � / � October 17, 2004 To: City of Fridley Attn: Debra A Skogen I sent the following via Ernail but it was rejected because of incorrect address. Re proposed ordinance on gamblin�: Concern — Section 3. Does tl�is mean an organization which ineets this requirement is exempt from 1 and 2 and could conceivably come into our city and monopolize all pull-tab operations? What prompted the City of Fridley to write the proposed ordivance at this time? Wl2y is it necessary for the City of Fridley to adopt this ordinance? The Lion Club of Fridley will be represented at the first reading of the proposed ordinar�ce on Motiday, October 25tn � Bill Ericksorl, Ga�nhling Manager Lions Club of Fridley cc: John Flora Steve Linder LIONS CLUB OF FRIDLEY • Fridley. MN 55432 63 � AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, 2004 CITY OF FRIDLEY Date: October 11, 2004 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Vacation Request, SAV #04-03, Yoava Klucsar M-04-134 INTRODUCTION The petitioner, Yoava Klucsar is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side of the his property. These vacations will allow a plat without any encumbrances. While preparing the preliminary plat, the petitioner's surveyor discovered that an unimproved 30 foot portion of Carlton Street and an unimproved 12 foot alleyway exists on the property and have never been vacated. Neither the street or alley could be utilized or connected through nor are there any no underground utilities that would cause the street or alley to not be vacated. Therefore; the engineering department supports this vacation request. PLANNING COMMISSION RECOMMENDATION At the October 6, 2004, Planning Commission meeting, a public hearing was held for SAV #04-03. After a brief discussion, the Planning Commission recommended approva� of SAV #04-03, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. •� 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. 65 City of Fridley Land Use Application SAV #04-03 & PS #04-05 October 6, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Yoava Klucsar 1420 Rice Creek Road Fridley MN 55432 Requested Actions: Vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the petitioner's property. Replat to create 2 single family lots from one existing large single family lot. Existing Zoning: R-1, Single Family Location: 1420 Rice Creek Road Size of Property: 46,208 sq. ft. 1.06 acres Existing Land Use: Single Family home. Surrounding Land Use & Zoning: N: Single Family home & R-1 E: Single Family home & R-1 S: Single Family home & R-1 W: Single Family home & R-1 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Each lot will meet or exceed the City's minimum lot size standard. Property History: Property is part of two plats: 1887 — Irvington Addition to Fridley Park is platted. 1939 — Auditor's Subdivision #22 is platted. 1951 — House constructed. 1987 — Addition to house. 1991 — 2"d Garage constructed. Legal Description of Property: See Attached Certificate of Survey. Public Utilities: Utilities available in the street. �� Transportation: Homes will be accessed from Rice Creek Road. Physical Characteristics: Large lot that slopes to the north, with typical suburban landscaping. SUMMARY OF REQUEST The petitioner, Mr. Klucsar is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side of the petitioner's property. These vacations will allow a plat without any encumbrances. The petitioner is also seeking to replat one large single family lot into finro single family lots at his property which is located at 1420 Rice Creek Road. SUMMARY OF ANALYSIS City Staff recommends approval of fhe street and alley vacation, with stipulations. Due to the following factors: � Neither could be utilized or connected through. City Staff recommends approval of the replat request, with stipulafions. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. • Provides additional homeownership opportunities for Fridley residents CITY COUNCIL ACTION / 60 DAY DATE City Council — October 25, 2004 60 Day Date — November 1, 2004 Staff Report Prepared by: Stacy Stromberg SAV #04-03 & PS #04-05 ANALYSIS The petitioner, Yoava Klucsar is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side of the his property. These vacations will allow a plat without any encumbrances. The petitioner is also seeking to replat his property which is located at 1420 Rice Creek Road, into finro single family lots. The existing home was built in 1951 and the garage on the east side of the lot was either built prior to 1949 or wasn't issued a building permit. A second garage was constructed in 1991, which is located next the home. In order for that garage to be constructed, a variance was granted to increase the total floor area of all accessory buildings from 1,400 square feet to 1,932 square feet. The lot is approximately 193 ft. by 238 ft, which is 42,208 square feet. The petitioner plans to sub-divide the lot into 2 single family lots, one of which will accommodate the existing home and the second garage that was constructed in 1991; and the other will accommodate the original garage and will allow for the construction of a new single-family home. a : �� . �� .� _- t �� ' �° � M x t �,� �- � * � .�*� ' �y� �+ �-�. Y � � ' r�.�.,,,� , �:� , . � _ , , � . . . . _c � � !. . . ,_.� �, .,, ��' Existing Property Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be approximately 117 feet in width and 28,461 square feet in size after the replat. The proposed Lots #2 will be approximately 77 feet in width and 17,747 square feet in size after the replat. 67 �- While preparing the preliminary plat, the petitioner's surveyor discovered that an unimproved 30 foot portion of Carlton Street and an unimproved 12 foot alleyway exists on the property and have never been vacated. Neither the street or alley could be utilized or connected through nor are there any no underground utilities that would cause the street or alley to not be vacated. Therefore; the engineering department supports this vacation request. RECOMMENDATION City Staff recommends approval of this proposed street and alley way vacation and the preliminary plat, with stipulations. • Neither could be utilized or connected through. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. • Provides additional homeownership opportunities for Fridley residents STIPULATIONS Staff recommends that if the vacation and plat are granted, the following stipulations be attached. 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. :�Sj RESOLUTION NO. RESOLUTION TO VACATE AN UNIMPROVED PORTION OF CARLTON STREET, GENERALLY LOCATED AT 1420 RICE CREEK ROAD NE, AND AN UNIMPROVED 12 FOOT ALLEY WAY ON THE NORTHEAST SIDE OF THE PROPERTY LOCATED AT 1420 RICE CREEK ROAD NE. WHEREAS, this portion of Carlton Street and the 12 foot alley way is an unimproved right-of-way and is not used by the general public; and WHEREAS, all possible connections to this portion of Carlton Street and the 12 foot alley way have been previously vacated; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep these unimproved right-of-ways; and WHEREAS, a public hearing was held on this matter by the Planning Commission on October 6, 2004 and the City Council on October 25, 2004. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: The East half of that part of Carlton Street (as platted in Irvington Addition to Fridley), adjoining Lot 30, Block 2, Irvington Addition to Fridley, Anoka County, Minnesota. _►� The West half of that part of the alley (as platted in Irvington Addition to Fridley) adjoining Lot 30, Block 2, Irvington Addition to Fridley, Anoka County, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25�' Day of October, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK •• SCOTT LUND - MAYOR � C(TY OF FRIDLEY AGENDA ITEM CITY COUNCI� MEETING OF OCTOBER 25, 2004 Date: October 11, 2004 � To: William Burns, City Manager�fi From: Subject Scott Hickok, Community Development Director Stacy Stromberg, Planner Preliminary Plat Request, PS #04-05, Yoava Klucsar M-04-135 INTRODUCTION The petitioner is also seeking to replat his property which is located at 1420 Rice Creek Road, into two single family lots. Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be approximately 117 feet in width and 28,461 square feet in size after the replat. The proposed Lots #2 will be approximately 77 feet in width and 17,747 square feet in size after the replat. PLANNING COMMISSION RECOMMENDATION At the October 6, 2004, Planning Commission meeting, a public hearing was held for PS #04-05. After a brief discussion, the Planning Commission recommended approval of PS #04-05, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 70 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. 71 City of Fridley Land Use Application SAV #04-03 & PS #04-05 October 6, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Yoava Klucsar 1420 Rice Creek Road Fridley MN 55432 Requested Actions Vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the petitioner's property. Replat to create 2 single family lots from one existing large single family lot. Existing Zoning: R-1, Single Family Location: 1420 Rice Creek Road Size of Property: 46,208 sq. ft. 1.06 acres Existing Land Use: Single Family home. Surrounding Land Use & Zoning: N: Single Family home & R-1 E: Single Family home & R-1 S: Single Family home & R-1 W: Single Family home & R-1 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Each lot will meet or exceed the City's minimum lot size standard. Property History: Property is part of finro plats: 1887 — Irvington Addition to Fridley Park is platted. 1939 — Auditor's Subdivision #22 is platted. 1951 — House constructed. 1987 — Addition to house. 1991 — 2"d Garage constructed. Legal Description of Property: See Attached Certificate of Survey. Public Utilities: Utilities available in the street. Transportation: Homes will be accessed from Rice Creek Road. �� Physical Characteristics: Large lot that slopes to the north, with typical suburban landscaping. SUMMARY OF REQUEST The petitioner, Mr. Klucsar is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side of the petitioner's property. These vacations will allow a plat without any encumbrances. The petitioner is also seeking to replat one large single family lot into two single family lots at his property which is located at 1420 Rice Creek Road. SUMMARY OF ANALYSIS City Staff recommends approval of fhe street and alley vacation, with stipulations. Due to the following factors: • Neither could be utilized or connected through. City Staff recommends approva! of the replat request, with stipulations. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. • Provides additional homeownership opportunities for Fridley residents CITY COUNCIL ACTION / 60 DAY DATE City Council — October 25, 2004 60 Day Date — November 1, 2004 Staff Report Prepared by: Stacy Stromberg SAV #04-03 & PS #04-05 ANALYSIS The petitioner, Yoava Klucsar is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side of the his property. These vacations will allow a plat without any encumbrances. The petitioner is also seeking to replat his property which is located at 1420 Rice Creek Road, into two single family lots. The existing home was built in 1951 and the garage on the east side of the lot was either built prior to 1949 or wasn't issued a building permit. A second garage was constructed in 1991, which is located next the home. In order for that garage to be constructed, a variance was granted to increase the total floor area of all accessory buildings from 1,400 square feet to 1,932 square feet. The lot is approximately 193 ft. by 238 ft, which is 42,208 square feet. The petitioner plans to sub-divide the lot into 2 single family lots, one of which will accommodate the existing home and the second garage that was constructed in 1991; and the other will accommodate the original garage and will allow for the construction of a new single-family home. _ �� x �� R � � � ;� � � i � k t 4;� � �Mm a.d ,�. '� . ,. . . . . . . . � _,.. _ .. .. - .. , � _ .... ,., �m` 23 Existing Property Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be approximately 117 feet in width and 28,461 square feet in size after the replat. The proposed Lots #2 will be approximately 77 feet in width and 17,747 square feet in size after the replat. 73 While preparing the preliminary plat, the petitioner's surveyor discovered that an unimproved 30 foot portion of Carlton Street and an unimproved 12 foot alleyway exists on the property and have never been vacated. Neither the street or alley could be utilized or connected through nor are there any no underground utilities that would cause the street or alley to not be vacated. Therefore; the engineering department supports this vacation request. RECOMMENDATION City Staff recommends approval of this proposed street and alley way vacation and the preliminary plat, with stipulations. • Neither could be utilized or connected through. � Proposed lots exceed the size standards required by the City of Fridley Zoning Code. � Provides additional homeownership opportunities for Fridley residents STIPULATIONS Staff recommends that if the vacation and plat are granted, the following stipulations be attached. 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water. and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. 74 � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, 2004 , To: The Honorable Mayor and City Council From: William W. Burns, City Manager .�� Date: Re: October 21, 2004 Springbrook Nature Center Resolution Attached is a resolution pertaining to the Springbrook Nature Center that was introduced by Councilmember Steve Billings at the City Council meeting on October 4, 2004. Council requested that this be included on the agenda for the October 25, 2004, City Council meeting. Attachment 75 RESOLUTION NO. 2004 - RESOLUTION OF THE FRIDLEY CITY COUNCIL ABOUT THE SPRINGBROOK NATURE CENTER WI�REAS, the City of Fridley has operated Springbrook Nature Center for over 29 years; and, WHEREAS, the Springbrook Nature Center has provided thousands of people with an opporlunity for rel�ation, education, volunteerism, health improvement, and community involvement; and, WHEREAS, the City Council of the City of Fridley has been asked, and has placed a special levy referendum on the November 2, 2004, ballot. This vote will determine if the voters of Fridley want to establish a special tax levy and continue to pay for the Naturalist operations at Springbrook Nature Center; and, WHEREAS, there have been several indications of what the Fridley City Council will do if the referendum does not pass; and, WHEREAS, several of these indications are merely speculation and "best guess" on the part of the makers; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley sha11 make reasonable efforts to maintain a paid, or unpaid, volunteer coordinator for the purpose of aiding the numerous citizens who wish to volunteer for the many tasks at Springbrook Nature Center; and, BE IT FURTHER RESOLVED, that the City Council of the City of Fridley shall make reasonable efforts to provide public access to the restrooms at Springbrook Nature Center; and, BE IT FURTHER RESOLVED, that the City Council of the City of Fridley shall make reasonable efforts to preserve and maintain the educational displays that exist in the Interpretive Center; and, BE IT FURTI�R RESOLVED, that the City Council of the City of Fridley sha11 make reasonable efforts to make the Interpretive Center available for special functions and special occasions; and, BE IT FURTHER RESOLVED, that the City Council of the City of Fridley shall make reasonable efForts to maintain the trails and paths within Springbrook Nature Center for the benefits of the citizens; and, BE IT FURTHER RESOLVED, that the City Council of the City of Fridley, without hesitation, states that there are no current or pending plans being considered for a change of use of any of the acreage at Springbrook Nature Center, other than those pending improvements to same, and the long range Capital Improvement strategies of the Springbrook Nature Center Foundation. 76 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF OCTOBER, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK 77 SCOTT J. LUND - MAYOR � � AGENDA ITEM �aF CITY COUNCIL MEETING OF OCTOBER 25, 2004 FRIDLEY INFORMAL STATUS REPORTS :