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OF ICIAL CITY_COUNCIL AGENDA
CITY COUNCIL MEETING
, NOVEMBER 22, 2004
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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF NOVEMBER 22, 2004
7:30 p.m. - City Council Chambers
Attendance Sheet
Please �rint name address and item number vou are interested in.
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� CITY COUNCIL MEETING OF NOVEMBER 22, 2004
CRY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATIONS:
CenterPoint Energy Minnegasco
Minneapolis Metro North Convention & Visitors Bureau
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 8, 2004
NEW BUSINESS:
Receive the Minutes from the Planning Commission
Meeting of November 3, 2004 '
............................................................................ 1
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 2004 PAGE 2 _
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
2. Resolution Approving Recycling Service Fees -
................................................... 6 7
3. Resolution Providing for Sewer Rate Increases ................................................. 8- 9
4. Resolution Providing for a Storm Water
Drainage Rate Change ...................................................................................... 10 - 11
5. Resolution Providing for Water Rate Change .................................................... 12 - 13 -
6. Resolution Requesting the Minnesota Department
of Transportation to Conduct Regular Maintenance
of their Rights of Way Within City Limits ............................................................ 14 - 15
7. Resolution Authorizing an Increase in Compensation
and Changes in Certain Benefits for the 2005
CalendarYear .................................................................................................... 16 - 17
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8. First Reading of an Ordinance Recodifying the Fridley
City Code by Amending Appendix F to Provide for -
the Adjustment of Salaries for the Mayor and
Councilmembers in Accordance with Section 2.07
of the Charter of the City of Fridley .................................................................... 18 - 19
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 2004 _ PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
9. Claims ....................................................................................................... 20
10. Licenses ....................................................................................................... 21
11. Estimates ....................................................................................................... 22
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes
PUBLIC HEARINGS:
12. Consideration of an Ordinance to Amend the
City Code of the City of Fridley, Minnesota,
by Making a Change in Zoning Districts
(Rezoning Request, ZOA #04-02, by Creek
Properties and Glen Harstad, to Rezone
Properties Located at 7101 and 7151
Highway 65 from M-1, Light Industrial, to C-2,
General Business) (1Nard 2) ............................................................................... 23 - 29
13. Consideration of the Proposed Assessment
for the 2004 Nuisance Abatement (Continued
� October 25, 2004) 30 - 31
..............................................................................................
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 2004 PAGE 4
OLD BUSINESS:
14. Resolution Adopting the Assessment for
the 2004 Nuisance Abatement (Tabled
October25, 2004) .............................................................................................. 32 - 34
NEW BUSINESS:
15. Informal Status Reports ..................................................................................:.. 35
ADJOURN.
MINUTES� OF THE
FRIDLEY CITY COUNCIL MEETING
OF NOVEMBER 8, 2004
CITY COUNCIL MEETING
CITY OF FRIDLEY
NOVEMBER 8, 2004
The regular meeting of the Fridley City Council was called to order by Mayor Lund at
7:35 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
MEMBER ABSENT: Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director,
Deb Skogen, City Clerk
Rebecca Brazys, Recording Secretary
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 25, 2004
APPROVED.
OLD BUSINESS:
1. Ordinance No. 1198 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 (Ward 2).
Dr. Burns, City Manager, stated this is an exchange of a small parcel between the City
and Brendan and Cheryl Klein, 1419 West Danube Drive. The exchange is being made
to cure an encroachment on Farr Lake Park. A public hearing was held on this matter
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 2 OF 8
by the Planning Commission on October 6, 2004. After a brief discussion and no public
opposition, the Planning Commission recommended approval of the land exchange
befinreen the City and the Kleins. The Council approved the first reading of this
ordinance at their October 25, 2004, meeting. Staff recommends Council's approval.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1198 ON THE SECOND
READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. Receive Proposals and Award Contract for Design and Construction
Administration Services for the Commons Park Filter Plant Upgrades.
Dr. Burns, City Manager, stated the City received five responses from its request for
proposals. After studying the proposals, staff recommends approval of a contract with
Bonestroo, Rosene, Anderlik & Associates for a not to exceed cost of $152,750.
THIS ITEM WAS REMOVED FROM CONSENT AGENDA AND PLACED ON THE
REGULAR AGENDA.
3. Approve 2004-2005 Winter Snow Removal Policies and Procedures.
Dr. Burns, City Manager, stated the plan identifies equipment and snow plowing
procedures and is also available on the City's website. It establishes that Jeff Jensen,
Street Supervisor, will determine when to call employees for snow removal. Normally
City crews will begin plowing snow after a storm has ended. It also provides for the
initial clearing of collector streets followed by clearing in ten residential districts.
Whenever slippery conditions exist on City streets, the Police Department will notify the
"on-call" person in the street division for the spreading of salt/sand at intersections and
other icy areas. The plowing of collector streets typically takes four to six hours.
Plowing of neighborhood streets takes another six to eight hours. Since specialized
equipment is needed for the clearing of Fridley's eight-six cul-de-sacs and thirty-five
dead-end streets, clearing of these areas will typically occur toward the end of the
twelve to sixteen hour plowing cycle. As streets are plowed, we will also be plowing
improved alleys and municipal parking lots. While we plow concrete sidewalks, we do
not plow asphalt bikeways.
Beginning November 1 and ending April 1, Dr. Burns explained, all vehicles must be off
City streets befinreen the hours of 2:00 a.m. and 6:00 a.m. Also, all vehicles must be off
City streets whenever snow plowing is necessary. For a major snow storm (over 9" of
snow) a snow emergency plan will be enacted. This means that crews will work in
twelve hour shifts. An initial pass will be made on each street before clearing from curb
to curb. Dr. Burns also pointed out that University Avenue, Highway 65 and I-694 are
the responsibility of the State. Anoka County has responsibility for East River Road, the
44th Street bridge, Main Street north to 57th Avenue, 57t" east to University Avenue, 49tn
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 3 OF 8
Avenue befinreen Main Street and University Avenue, Mississippi Street, Osborne Road
and Old Central. Staff recommends Council's approval.
APPROVED.
4. Resolution No. 2004-66 for Agency Agreement between the City of Fridley
and the Minnesota Department of Transportation.
Dr. Burns, City Manager, stated this agreement makes it possible for Fridley to receive
federal funds for highway projects that are consistent with the State's Transportation
System Plan. In particular, it will enable us to get federal funding for a portion of the
85t" Avenue bikeway as well as future projects for which the City seeks federal funding.
Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-66
5. Resolution No. 2004-67 Approving and Authorizing Signing an Agreement
for Police OfFicers of the City of Fridley Police Department for the Years
2004 and 2005.
Dr. Burns, City Manager, stated this is a finro-year contract covering both 2004 and
2005. It provides for a 3% wage increase in each year of the contract. It also provides
that those assigned to duties as Field Training Officers will receive a minimum of two
hours overtime or compensatory time for overtime worked beyond the normal shift.
Prior to this contract, they had received 1'/2 hours for any overtime worked as Field
Training Officers. There are no other changes. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-67
6. Approve Agreement for Legat Services between the City of Fridley and
Newquist & Ekstrum, Chartered, and Carl J. Newquist.
Dr. Burns, City Manager, stated this agreement replaces a three-year agreement that
provided $90 an hour for prosecution services. The new agreement also covers three
years and provides for $95 an hour in 2005, $97 an hour in 2006 and $99 an hour in
2007. It also provides for $37 an hour for a law clerk and reimbursement of costs for
subpoena services incurred by the firm. There are no other changes. Staff
recommends Council's approval.
APPROVED.
7. Appointment.
Dr. Burns, City Manager, stated staff recommends the appointment of Julie Jones to the
Planning Coordinator position recently vacated by Paul Bolin upon his appointment as
Assistant HRA Director. Julie has been with the City since January of 1997. Prior to
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 4 OF 8 -
her work in Fridley, she served as environmental planner for the City of Edina. Before -
that, Ms. Jones was Housing and Redevelopment Director for the City of Brooklyn Park.
She has a B.S. Degree in Housing from the University of Minnesota. Julie was selected
from among 18 candidates who applied for the position. Staff recommends Council's
approval.
APPROVED.
8. Claims: 118906 —119113
APPROVED.
9. Licenses.
APPROVED AS SUBMITTED AND AS ON FILE.
10. Estimates.
Approved the following estimates:
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
2004 Street Improvement
Project No. ST. 2004 —1
FINAL ESTIMATE ............................................................... $ 17,057.41
Hardrives Inc.
14475 Quiram Drive
Rogers, MN 55374-9461
2003 Street Improvement
Project No. ST. 2003 — 1
FINAL ESTIMATE ............................................................... $ 38,202.05
Natgun Corporation
11 Teal Road
Wakefield, MA 01880
Marian Hills Reservoir Construction
Project No. 356
Estimate No. 2 ...................................................................... $350,887.25
APPROVED.
FRIDLEY CITY COUNCIL MEETING. NOVEMBER 8, 2004 PAGE 5 OF 8
Mayor Wolfe requested that Item 2 be removed from the consent agenda.
MOTION by Councilmember Barnette, seconded by Councilmember Billings, to approve
the consent agenda with the removal of Item 2.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to approve
the agenda with the addition of Item 2.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORSI: Consideration of items not on the agenda — 15 minutes.
Don Anderson, 7304 West Circle, commented on remarks made by Mr. Eisenzimmer at
a previous Council meeting and he expressed his support for Mayor Lund and
Councilmember Barnette on their re-election.
PUBLIC HEARING:
11. Consideration of an Application for an On-Sale Intoxicating Liquor License
for Applebee's Neighborhood Grill and Bar Located at 5277 Central Avenue
N.E. (Ward 1).
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to open the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC
HEARING OPEN AT 7:45 PM.
Ms. Skogen, City Clerk, stated this business will be located on the old Ground Round
site. The Ground Round building has been torn down and a new building is currently
under construction. The Public Safety department has reviewed this license request
and found no reason to deny it. Staff provided Applebee's with a copy of the code and,
at this time, Applebee's is not requesting a 2:00 a.m. endorsement. Applebee's plans to
open January 24. The notice of public hearing for this matter was published in the
Fridley Focus on October 28. The final approval of the license request will be
scheduled for the November 22 meeting. The license will be held until staff has the
surety bond, insurance, and certificate of occupancy.
Mel Laughlin, General Manager, and Evelyn Whitson, Area Director, were present to
represent Applebee's.
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8. 2004 PAGE 6 OF 8
Councilmember Billings asked if this is a franchise operation, how many stores
Applebee's has in the Twin Cities, whether or not there is another Applebee's location
also going up in St. Anthony, what kind of operation this will be and whether or not there
will be entertainment.
Ms. Laughlin responded it is corporately owned and the corporate headquarters are
located in Kansas City. There are a total of 63 Applebee's locations in the state. She
said there currently is a new Applebee's under construction in St. Anthony. She stated
this is a restaurant and bar and there will be no entertainment. They will have four
televisions running, but without sound.
Councilmember Billings pointed out that the City requires there be a ratio between food
and liquor of 40% food and 60% liquor.
Ms. Laughlin stated the grand opening is scheduled for January 24. The restaurant will
seat 169 and will employ 90 people. She stated she has been the general manager for
the Calhoun Square Applebee's for the past year and a half and has worked for
Applebee's for three years.
Councilmember Billings also stated the City requires all managers be licensed. If
management staff changes during the year, they must apply when the change is made,
not at license renewal time.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC
HEARING CLOSED AT 7:00 PM.
2. Receive Proposals and Award Contract for Design and Construction
Administration Services for the Commons Park Filter Plant Upgrades.
Mayor Lund questioned why staff is recommending this contract be awarded to the high
bidder which came in $18,000 higher than the next bid.
Mr. Haukaas, Public Works Director, explained that staff met with each firm submitting a
proposal. One of the things they take into consideration is past experience with the
firms. In putting their bid together, they made it clear that the price is a"not to exceed"
quote. On the lower proposal the cost for construction administration is merely an
estimate. He felt more comfortable having a definite cap on the costs. There are a
number of things throughout the proposal that made them come to this recommendation
including the experience level with this type of work and with the City's system.
Mayor Lund asked if there is a requirement that the City take the lowest bid.
FRIDLEY CITY COUNCIL MEETING NOVEMBER 8 2004 PAGE 7 OF 8
Mr. Haukaas responded it is not required under a professional services agreement.
This project is a conglomeration of several small projects that needed to be done,
including new chemical feed equipment for the removal of radium to meet new EPA
regulations, replacement or rehabilitation of filter media in all seven of the filter tanks in
that plant, upgrades to the backwash electronics, and upgrades to valves and a�tuators
which should have been upgraded in 1988. The whole building needs a new roof,
repainting of all piping and equipment. This is another reason staff recommended the
contract go to Bonestroo, Rosene, Anderlik & Associates because they are a full service
firm and can cover all of these different aspects.
Mayor Lund asked if some of the work was necessary because of government
mandates.
Mr. Haukaas explained the primary project is as a result of changes in the EPA
changing radium level requirements for drinking water. The other projects are standard
upgrades. The costs for these projects will come out of the water enterprise fund.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to receive the
proposal and award the contract for design and construction administration services for
the Commons Park filter plant upgrades to Bonestroo, Rosene, Anderlik & Associates in
an amount not to exceed $152,750.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
NEW BUSINESS:
12. Informal Status Reports.
Councilmember Billings commented that since moving into Fridley in 1981, there has
been an undertone that somehow the taxpayers of Fridley were not told the truth about
Springbrook. While he voted for the Springbrook referendum, he is very disappointed
because he thought this would be an opportunity to clear the air on this whole issue. He
stated he is very disappointed in the leadership of the Springbrook Nature Center
Foundation. He stated he through this campaign, they have convinced him that the
leadership cannot be trusted and he no longer has respect for the leadership of that
organization. The literature they distributed is filled with lies.
Mayor Lund commented that because of different interpretations, a lot of the comments
may not have been intentionally misleading.
Councilmember Billings stated they specifically led their volunteers down the wrong
path of what to say to people instead of telling the truth.
FRIDLEY CITY COUNCIL MEETING NOVEMBER 8 2004 PAGE 8 OF 8
Councilmember Wolfe commented that he feels Council failed miserably in educating
people about the truth of the Springbrook situation. He asked if voters can challenge
the outcome of the vote.
Mr. Knaak, City Attorney, responded that Chapter 5 of the City Charter indicates that to
begin a process to seek to amend this would require a minimum of 10% of the total
number of registered voters.
Mayor Lund, City Attorney, stated there were numerous discussions at Council
meetings regarding this matter so he did not agree that the Council failed to inform the
citizens.
Councilmember Barnette felt the voters have an obligation to find out what the
referendums are about. He also stated it needs to be made clear that this is a City park
and that the City makes decisions on how the park will be used. He added he was
more disappointed in the vote on the utility rate referendum. It is very difficult for a City
to give the facts on an issue and not appear bias.
Councilmember Billings stated again that he is pleased with the outcome of the
Springbrook vote, but disappointed in the manner in which the campaign was run.
Mayor Lund stated the second annual spaghetti dinner fundraiser for the Springbrook
Nature Center Foundation is scheduled for Saturday, November 13, at 6:00 p.m. at St.
William's.
ADJOURN
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 8:20 PM.
Respectfully submitted by,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
CITY OF FRIDLEY
PLANNING COMMISSION
NOVEMBER 3. 2004
CALL TO ORDER
Chairperson Savage called the November 3, 2004, meeting of the Planning Commission to
order at 7:30 p.m.
ROLL CALL
Members present:
Members absent:
Barbara Johns, Larry Kuechle, Diane Savage, Dean Saba, Leroy Oquist
and Brad Dunham.
David Kondrick
Others present: Stacy Stromberg, City Planner
Rebecca Brazys, Recording Secretary
Karen Sorenson, Creekside Properties
Curtis Sorenson, Creekside Properties
Herald Koskiniemi, Creekside Properties
Sandy Koskiniemi, Creekside Properties
Pam Reynolds, 1241 Norton Avenue, Fridley
APPROVE PLANNING COMMISSION MINUTES — October 6, 2004
MOTION by Mr. Saba, seconded by Mr. Kuechle, to approve the minutes of the October 6, 2004
Planning Commission meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS:
Consideration of a rezoninq, ZOA #04-02, bv Sandra Koskiniemi and Glen Harstad,
to rezone the properties located at 7101. 7103 and 7151 Hiqhwav 65, from M-2
Liqht Industrial to C-2 General Business. Rezoninq the properties will allow the
current use to conform to the zoninq code requirements.
MOTION BY Mr. Oquist, seconded by Mr. Kuechle, 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 7:34 PM.
Ms. Stromberg explained that Creekside Properties, owner of 7101 Hwy 65 and Glen Harstad,
owner of 7151 Hwy 65, are requesting to rezone their properties from M-1 Light Industrial to C-2
General Business. Rezoning their properties will allow the current uses to conform to the
zoning code requirements.
Ms. Stromberg stated that staff advised the owner of the building located at 7101 Hwy 65 to
apply for the rezoning as a result of a conflict between an existing tenant, who needed zoning
compliance sign-off, and the M-1 Light Industrial zoning district regulations.
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CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 3, 2004 Page 3 of 5
(It Figures) and the M-1 zoning code requirements, staff was unable to sign-off. City staff then
suggested that the best way to resolve this use conflict for this particular tenant and the other
tenants in the building would be to rezone the property to C-2, which is the current use of the
property. In order to accomplish a successful rezoning, the lot at 7151 Hwy 65 would also need
to be rezoned. It should also be noted that these properties will remain as they exist today;
there are no current plans to make changes to either of the properties.
Ms. Stromberg stated the City's zoning ordinance and official zoning map are the mechanisms
that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City
the authority to rezone property from one designated use to another so long as the zoning is in
conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map
and 2020 future land use map designates this area as "Redevelopment." While these
properties aren't being redeveloped, they are eliminating incompatible land uses by correcting
the current use of the property to the zoning regulations.
Ms. Stromberg explained that Comfort Homes, located at 7151 Hwy 65, has a special use
permit to allow a trailer sales lot, which is required in the M-1 zoning district, as well as the C-2
zoning district. It would be beneficial to include as part of this rezoning request, the transfer of
the special use permit on this property from the M-1 zoning to the C-2 zoning to keep this
property in conformance. Staff would recommend that the Planning Commission note this in
their motion, if the rezoning is approved.
Ms. Stromberg stated City Staff recommends approval of this rezoning request because the
proposed zoning will allow the current use of the properties to conform to the zoning code
requirements. City Staff recommends approval of a special use permit transfer for the property
at 7151 Hwy 65 to allow an agency that sells and displays manufactured homes.
Sandy Koskiniemi, Creekside Properties, stated this issue came up when one of the tenants in
their building wanted to put up some signage for his business. She explained they were not
aware when they purchased the building that their tenancy doesn't fit the current industrial
zoning.
Pam Reynolds, 1241 Norton Avenue, which is behind the property in question. She questioned
whether this would constitute spot zoning since the rest of the properties around this site are
zoned M-1.
Ms. Stromberg responded that rezoning these properties would not constitute spot zoning as it
is an extension of the commercial district and the current uses are commercial in nature.
Ms. Reynolds then asked why 7151 Hwy 65 would continue to need a special use permit with
the proposed rezoning.
Ms. Stromberg explained that a special use permit is required in an industrial or commercial
district for an agency that sells manufactured homes.
Ms. Johns asked if Chopper City also has a special use permit.
Ms. Stromberg replied that they do.
MOTION by Mr. Saba, seconded by Mr. Kuechle, to close the public hearing.
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CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 3, 2004 Page 4 of 5
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
PUBLIC HEARING CLOSED AT 7:50 PM.
Mr. Saba commented that he doesn't consider this request to be spot zoning as it conforms to
what surrounds the property and makes sense.
Mr. Kuechle stated he agrees with Mr. Saba particularly since it is located along a busy
highway, the businesses are of a commercial nature and doesn't consider it spot zoning.
MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommend approval of rezoning ZOA #04-
02 by Sandra Koskiniemi & Glen Harstad to rezone the properties located at 7101, 7103 and
7151 Highway 65 from M-1 Light Industrial to C-2 General Business along with the
recommendation that the special use permit on 7151 Hwy 65 be transferred.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Receive the minutes of the September 13, 2004 Parks & Recreation
Commission meetinq.
MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the minutes as presented.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Receive the minutes of the October 19, 2004 Environmental Qualitv � Enerqv
Commission 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 UNANIMOUSLY.
OTHER BUSINESS:
4. Approve the 2005 Planninq Commission meetina dates.
Ms. Stromberg presented the following for the proposed 2005 Planning Commission meeting
dates:
January 5 & 19
February 2 & 16
March 2 & 16
April 6 & 20
May 4 & 18
June 1 & 15
July 6 & 20
August 3 & 17
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CITI' OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 3, 2004 Page 5 of 5
September 7 & 21
October 5 & 19
November 2 & 16
December 7 & 21
MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve the proposed 2005 Planning
Commission meeting dates as presented.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Stromberg stated the next regular Planning Commission meeting will be November 17.
Ms. Stromberg also reported that the fourth and final housing forum is scheduled for Thursday,
November 18.
ADJOURN:
MOTION by Mr. Oquist, seconded by Mr. Kuechle, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE MEETING ADJOURNED AT 7:52.
Respectfully submitted by,
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Rebecca Brazys
Recording Secretary
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
NOVEMBER 22, 2004
Date: November 18, 2004 �
To: William Burns, City Manager��
From:
ect:
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
SWAP Fee Increase
Background
Fridley's curbside recycling contract costs will increase 10% on April 1, 2005, when the new revenue
sharing contract arrangement with BFI begins. Also, a slight reduction in (State) SCORE funding is expected
in 2005 as more funds are shifted to the faster growing communities. In order to help alleviate this gap
between increased expenses and lower revenues, the City needs to raise the recycling rate charged to
residents the maximum percentage allowed, which is 1.7%.
A 1.7% increase in the recycling service fee on resident's utility bills raises the fee from $6.06/quarter to
$6.16/quarter. This is a$.40 annual increase per residence.
Even if the proposed fee increase is implemented, there will still be a shortage of revenues to cover the
expense of recycling services in 2005. Depending on a number of variables, this funding gap is projected to
be somewhere between $5,000 and $15,000. It is possible that the City could use a portion of the curbside
recycling revenues at the end of the year to offset the gap in funding.
Recommendation
Staff recommends that the City Council adopt the attached resolution, directing staff to increase the SWAP
recycling service fee to $6.16/quarter effective with the January l, 2005, utility billing.
M-04-147
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RESOLUTION NO. _-2004
A RESOLUTION APPROVING RECYCLING SERVICE FEES
WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to
provide, at minimum, curbside recycling services; and
WHEREAS, the City of Fridley has chosen to provide Fridley residents with recycling
services, including curbside recycling; and
WHEREAS, the State provides only partial funding to subsidize the City's recycling
efforts so that the remaining costs must be paid by the user of such services;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that
the per dwelling unit service fee charged to all single through 12-unit multi-unit
residential buildings serviced by the City's residential recycling service contract in the
City be set at $6.16 per dwelling per quarter effective with the January 1, 2005, utility
billing.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF NOVEMBER, 2004.
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
fl
SCOTT J. LUND - MAYOR
r
�
CfTI( OF
FRIDLEY
TO:
FRO�I.•
SUBJECT:
AGENDA ITEM
COUNCIL MEETING OF NOVEMBER 22, 2004
WILLIAM W. BURNS, CITY MANAGER ���
RICHARD D. PRIBYL, FINANCE DIRECTOR �
SEWER RATE INCREASE FOR 2005
Date: November 18, 2004
As part of the budget work done this year, we indicated that the Sewer Utility Fund would
require a rate increase for 2005. Even with this rate increase we are projecting this fund to end
the year with an operating deficit. We are recommending an increase for 2005 in the amount of
1.7 % based on the local initiative that limited the amount we can raise the rates.
We are recommending that the sewer rates be increased to $2.45 per thousand gallons. This
increase would be effective the first billing in January of 2005.
Staff is recommending the sewer rate change for 2005.
RDP/me
Attachment
E�j
RESOLUTION NO. _ - 2004
RESOLUTION PROVIDING FOR SEWER RATE INCREASES
WHEREAS, Section 402.13 of the City code provides that the City Council shall have the
authority to set sewer rates, and
Whereas, based on the increases of disposal of sanitary sewer costs, the rate increase of 1.7% is
being passed through to the sanitary sewer utility customers.
NOW THEREFORE, BE IT RESOLVED, that the following sewer rate schedule shall be
effective with the first billing in January, 2005.
PROPERTY CLASS
"Single Family" Dwelling
(including Townhomes)
CommerciallIndustrial
Non-Profit Entity including
schools
Multiple Dwellings (including
Trailer Courts)
Qualifying Disable and Senior
Citizens
CONSUMPTION
$ASIS
Winter Quarter
Water Usage
Current Quarter
Water Usage
Current Quarter
Water Usage
Winter Quarter
Water Usage
Winter Quarter
Water Usage
MINIMUM
C.'HARGE
$29.40
$61.25
$61.25
$61.25
Maximum of
$24.50
MINIMUM
('ONSUMPTION
12,000 Gallons
25,000 Gallons
25,000 Gallons
25,000 Gallons
No Minimum —
Maximum of
10,000 Gallons
All consumption in excess of the minimums stated above will be charged at a rate of $2.45 per
thousand gallons.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22nd
DAY OF NOVEMBER, 2004.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
��
SCOTT J. LLJND - MAYOR
�
i/ AGENDA ITEM
� COUNCIL MEETING OF NOVEMBER 22, 2004
CfTY OF
FRIDLEY
TO: WILLIAM W. BURNS, CITYMANAGER �I°
�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR �
SUBJECT: STORM WATER RATE INCREASE FOR 2005
Date: November 18, 2004
As part of the budget work done this year, we indicated that the Storm Water Fund would require an
increase for 2005. This fund is projected to be operating at a loss without an increase. We are
recommending an increase for 2005, but because of the local initiative we are limited to an increase
of 1.7%.
We are recommending that the REF factor be increased to $9.36 per quarter. You might recall that a
residential lot was defined to be 1/3 of an REF acre. The quarterly cost for storm water would then
be $3.12 per quarter for a residential lot. This increase would be effective the first billing in January,
2005.
Staff is recommending the storm water rate change for 2005.
RDP/me
Attachment
10
RESOLiJTION NO. - 2004
RESOLUTION PROVIDING FOR A STORM
WATER DRAINAGE RATE CHANGE
WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority
to set the storm water drainage fee by resolution, and
Whereas, the expenses associated with the maintenance of the storm water system have increased,
and
WHEREAS, the City has indicated a desire to provide for proper maintenance and improvements to
the storm water drainage system, and
WHEREAS, both the maintenance and improvements have been outlined in the City's Budget and
Capital Improvement Program, and
WHEREAS, the new rate is to be effective with the January, 2005 billing.
NOW THEREFORE, be it resolved, that the following storm water drainage rate for all customers
shall be $9.36 per quarter per REF-acre.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22na
DAY OF NOVEMBER, 2004.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
11
�
�
Qi7 OF
FRIDLEIf
TO:
FROM:
SUBJECT:
AGENDA ITEM
COUNCIL MEETING OF NOVEMBER 22, 2004
WILLIAM W. BURNS, CITYMANAGER I°
�
RICHARD D. PRIBYL, FINANCE DIRECTOR
WATER RATE INCREASE FOR 2005 �
Date: November 18, 2004
As part of the budget work done this year, we indicated that the Water Fund would require a rate
increase for 2005. This fund is projected to end the year of 2005 with an operating defcit even with
the requested rate increase. We axe recommending an increase for 2005, but because of the recent
local initiative to limit the amount we can increase the rates, it will be limited to 1.7%.
We axe recommending that the water rates be increased to $1.12 for the consumption under 5,000,000
gallons and $1.17 for consumption over 5,000,000 gallons per quarter. This increase would be
effective the first billing in Januaxy of 2005.
Staff is recommending the water rate change for 2005.
RDP/me
Attachment
12
RESOLUTION NO. - 2004
RESOLUTION PROVIDING FOR WATER RATE CHANGE
WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set water rates by
resolution, and
WHEREAS, increases in operating costs since the last water rate increase in 2004 have necessitated an increase in rates
limited to an increase of 1.7%.
WHEREAS, the rates are to be effective with the 7anuary, 2005 billing.
NOW THEREFORE, be it resolved, that the following water rate schedule for all customers except those qualifying for
the low income senior citizen and disabled citizen rate shall be as follows:
WATER RATE SCHEDULE
0 - 5,000,000 $1.12/1,000 GaUMinimum $13.44
OVER - 5,000,000 $1.17/1,000 Gal
BE IT FUR'fHER RESOLVED, that the City Council hereby provided a reduced rate schedule for qualifying low income
senior citizens and disabled citizens as follows:
SENIOR CITIZEN RATE SCHEDULE
0 - 5,000,000 $.83/1,000 Gal/Minimum $9.96
The following criteria must be set to qualify for the low income senior citizen rate:
1. The senior citizens must occupy single family or double bungalow units. The senior citizen rate does not apply to
apartments, commercial, industrial, institutional, or other.
2. The customer or person having responsibility for payment of the water charge must be sixty two years of age or older
and must provide a copy of a valid Minnesota Driver's License or receipt thereof, or a Minnesota Identification Card
or a receipt thereof with current address for proof of age.
3. The person must certify that the total household income is less than the low income level defined by the Department
of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's
Federal Tax Form.
The following criteria must be met in order to qualify for the low income disabled citizen rate:
1. Disabled citizens must provide a copy of an award letter from the Social Security Administration indicating that the
individual is one hundred percent (100%) disabled.
2. The person must certify that the total household income is less than the low income level defined by the Department
of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's
Federal 1040 Tax Form.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22°d DAY OF
NOVEMBER, 2004.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LLJND - MAYOR
13
�
�
CffY OF
FRIDLE'Y
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 22, 2004
TO:
FROM:
SUBJECT:
DATE:
The Mayor and Council ,�
ry�
William W. Burns, City Manager f�'
MnDOT Right of Way Maintenance
November 19, 2004
At Council's request, I contacted all Minnesota cities that were connected to the League of
Minnesota Cities "list serve." In contacting them, I asked them to take part in the following
activities:
1.
2.
3.
4.
Passage of a resolution requesting MnDOT to conduct regular maintenance of their
rights of way within city limits.
Seek a meeting of at least six mayors with the Governor to discuss this issue.
Send copies of their resolution to each member of their legislative delegation.
Inquire about right of way maintenance on the Governor's Friday morning radio show
on WCCO.
Thus faz I have heard from about twenty cities. Eight of the city councils including those in
Anoka, Falcon Heights, Robbinsdale, Brooklyn Center, White Bear Lake, Montevideo,
Roseville and Buffalo have passed the resolution before you tonight. I expect to receive
resolutions from several other cities prior to December 10.
On Monday, November 22, I respectfully request that the Fridley City Council also adopt the
attached resolution.
Thank you.
Attachment
14
RESOLUTION NO. 2004 -
RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF
TRANSPORTATION TO CONDUCT REGULAR MAINTENANCE OF
THEIR RIGHTS OF WAY WITHIN CITY LIMITS
WHEREAS, as maintenance of government property and facilities is important to the image of
Minnesota cities; and
WHEREAS, Minnesota cities are responsible for enforcement of property maintenance codes
that pertain to the mowing of grass, the abatement of noxious weeds, the placement of trash and
junk in yards and the maintenance of fences; and
WHEREAS, the State of Minnesota has many miles of highways running through Minnesota
cities; and
WHEREAS, the rights of way along these highways are characterized by infrequent mowing,
uncollected litter, the presence of noxious weeds and dilapidated fences and guard rails; and
WHEREAS, as the Minnesota Department of Transportation has cut a very large percenta.ge of
their right-away maintenance staff over the last ten years;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby
formally requests that the State of Minnesota and the Minnesota Department of Transporta.tion
provide immediate support for maintenance for all fences and guard rails on State and Interstate
highways, including highway ramps, that traverse Minnesota cities;
BE IT FURTHER RESOLVED that the City Council of the City of Fridley also formally
requests that the Minnesota Department of Transportation provide for weekly mowing of State
rights-of-way, or alternatively, that they reimburse Minnesota cities for the labor, supplies and
equipment necessary to maintain State rights-of-way in a manner that is consistent with local
ordinances governing the upkeep of private property.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF NOVEMBER, 2004.
DEBRA A. SKOGEN — CITY CLERK
15
SCOTT J. LUND — MAYOR
0
�
�
CfTY OF
FRIDLE7
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETiNG OF NOVEMBER 22, 2004
William W. Burns, City Manager �
� �,
vl
Deborah K. Dahl, Human Resources Director �
November 10, 2004
Compensation Adjustments
In order to prepare the final figures for the Personal Services portion of the 2005 budget, it will be
necessary for the City Council to approve any adjustments to salaries, benefits and other forms of
- compensation for 2005.
0
0
I recommend the following for full- and part-time City employees:
1. A genera.l increase of 3.0 percent in salaries.
2. An increase of 3.0 percent in automobile allowances, where applicable.
Please present the attached resolution to the City Council at their November 22, 2004, meeting.
Thank you for your attention to this matter.
dkdJrsc
Attachment
�
RESOLUTION NO. 2004 -
RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION
AND CHANGES IN CERTAIN BENEFITS FOR THE 2005
CALENDAR YEAR
WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to
Fridley City employees within budgetary constraints; and
WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity Act;
and
VVHEREAS, the City Council and City staff have reviewed the City's financial position as well as economic
indicators and compensation adjustments by comparable employers; and
WHEREAS, an adjustment of employee salaries and benefits is warranted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following
adjustments and changes be authorized for non-union employees of the City of Fridley, effective January l,
2005:
1. A general increase of 3.0 percent in non-union employee salaries.
2. An increase of 3.0 percent in automobile allowances, where applicable.
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
17
�
. �
CfIY f}F
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 22, 2004
William W. Burns, City Manager
Deborah K. Dahl, Human Resources Director ��
November 10, 2004
2005 Council Salaries
Attached for first reading is an ordinance to increase Council salaries by three percent (3%)
effective January 1, 2005. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley
- City Charter. The annual salaries for the Mayor and Councilmembers during 2005 shall be as
follows:
0
0
Mayor: $9,926.07
Councilmember-at-Large: $ 8,153.16
Councilmember, Ward I: $ 7,208.17
Councilmember, Ward II: $ 7,208.17
Councilmember, Ward III: $ 7,208.17
Staff recommends Council's approval of the first reading of this ordinance.
Attachment
:
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY
AMENDING APPENDIX F TO PROVIDE FOR THE ADN5TMENT
OF SALARIES FOR TI� MAYOR AND COUNCILMEMBERS IN
ACCORDANCE WITH SECTION 2.07 OF TI� CHARTER OF THE
CITY OF FRIDLEY
The City Council of the City of Fridley does hereby ordain as follows:
The annual salaries for the Mayor and Councilmembers during 2005 and subsequent years shall be as
follows:
Mayor $9,926.07
Councilmember-at-Large $8,153.16
Councilmember, Ward I $7,208.17
Councilmember, Ward II $7,208.17
Councilmember, Ward III $7,208.17
In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time
authorized employees of the Ciry of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 2004•
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
First Reading:
Second Reading:
Publication:
19
SCOTT J. LUND - MAYOR
E AGENDA ITEM
�` COUNCIL MEETING OF NOVEMBER 22, 2004
crrr aF
FRIDLEY
CLAIMS
119116 -119398
Zo
�
�
CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 22, 2004
Tvne of License
FOOD ESTABLISHMENT
Applebee's
5277 Central Av.
Fridley, MN 55421
LICENSES
�
Carin Lee Stutz
INTOXICATING LIQUOR LICENSE
Applebee's Carin Lee Stutz
5277 Central Av.
Fridley, MN 55421
CHRISTMAS TREE SALES LOT
Bob's Produce Robert Schroer
7620 University Av.
Fridley, MN 55432
21
Approved By•
Comm. Dev. Director
Fire Inspector
Public Safety Director
Comm. Dev. Director
Fire Inspector
Public Safety Direetor
Comm. Dev. Director
Fire Inspector
Public Safety Director
0
0
�
0
� AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 22, 2004
`� °F ESTI MATES
FRIDLEIf
Ron Kassa Construction, Inc.
6005 — 250�' East
Elko, MN 55020
2004 Miscellaneous Concrete Repair
Project No. 355
Estimate No. 4 ....................................................................................... $21,520.16
I�'1
� - AGENDA ITEM
�' CITY COUNCIL MEETING OF NOVEMBER 22, 2004
CRY OF
FRIDLEY
Date: November 16, 2004 n,
To: William Burns, City Manager�
�1 �a"
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Rezoning Request, ZOA #04-02, Creekside Properties and Glen Harstad
M-04-146
INTRODUCTION
Creekside Properties, owner of 7101 Hwy 65 and Glen Harstad, owner of 7151 Hwy 65,
are requesting to rezone their properties from M-1, Light Industrial to C-2, General
Business. Rezoning their properties will allow the current uses to conform to the zoning
code requirements.
Staff advised the owner of the building located at 7101 Hwy 65, that one alternative
solution to resolve an existing inconsistency in zoning on their property would be to
apply for the rezoning. Currently, there is a zoning conflict befinreen existing tenants,
and the M-1, Light Industrial zoning district regulations.
In order to avoid spot zoning and to accomplish a successful rezoning, both of the
properties at 7101 and 7151 Hwy 65 would need to be rezoned. Therefore, staff and
Creekside Properties consulted Don Harstad, owner of 7151 Hwy 65, to see if he was
interested in having his property rezoned to C-2, Genera� Business. Mr. Harstad
determined that it was the right decision for his property, thus the rezoning request from
both Creekside Properties and Glen Harstad.
PLANNING COMMISSION RECOMMENDATION
At the November 3, 2004, Planning Commission meeting, a public hearing was held for
ZOA #04-02. After a brief discussion, the Planning Commission recommended
approval of rezoning request, ZOA #04-02.
THE MOTION CARRIED UNAMIOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
23
City of Fridiey Land Use Application
ZOA #04-02 November 3, 2004
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Creekside Properties
Sandra Koskiniemi
7101 Hwy 65
Fridley MN 55432
Glen Harstad
7151 Hwy 65
Fridlev MN 55432
Requested Action:
Rezone property from M-1 to C-2.
Existing Zoning:
M-1, Light Industrial
Location:
7101 Hwy 65 and 7151 Hwy 65.
Size:
7101 Hwy 65 37,125 sq. ft.
7151 Hwy 65 51,810 sq. ft.
Existing Land Use:
7101 Hwy 65 — Multi-use
commercial/office building.
7151 Hwy 65 — Comfort Homes.
Surrounding Land Use & Zoning:
N: Chopper Ciry & G2
E: Townhomes/Apartment Bldg. &
R-3
S: Office/Retail Building & C-2
W: Hwy 65 & ROW
Comprehensive Plan Conformance:
Consistent with Plan.
Zoning History:
7101 Hwv 65:
1949 — Lot is platted.
1960 — Building permit issued for an
office warehouse.
1972 — Addition to building.
1974 — Storage building constructed.
7151 Hwv 65:
1949 — Lot is platted.
1969 — Building permit issued for a
Trailer Sales office.
24
Legal Description of Property:
7101 Hwy 65:
The west 270 feet of Lot 4, Auditors
Subdivision #89.
7151 Hwv 65:
The west 375 feet of Lot 3, Auditors
Subdivision #89.
SUMMARY OF REQUEST
Creekside Properties and Glen Harstad are
seeking to rezone their properties, which
are located at 7101 and 7151 Hwy 65, from
M-1, Light Industrial to C-2, General
Business.
SUMMARY OF ANALYSIS
City Staff recommends approval of this
rezoning request.
• Proposed rezoning will allow the current
use of the properties to conform to the
zoning code requirements.
Council Action / 60 Day Date:
November 22, 2004 / November 29, 2004
Staff Report Prepared by: Stacy Stromberg
ZOA #04-02
REQUEST
Creekside Properties, owner of 7101 Hwy 65 and Glen Harstad, owner of 7151 Hwy 65,
are requesting to rezone their properties from M-1, Light Industrial to C-2, General
Business. Rezoning their properties will allow the current uses to conform to the zoning
code requirements.
Staff advised the owner of the building located at 7101 Hwy 65, that one alternative
solution to resolve an existing inconsistency in zoning would be to apply for the rezoning
as a result of a conflict between an existing tenant, who needed a zoning compliance
sign-off, and the M-1, Light Industrial zoning district regulations.
In order to avoid spot zoning and to accomplish a successful rezoning, both of the
properties at 7101 and 7151 Hwy 65, would need to be rezoned. Therefore, staff and
Creekside Properties consulted Don Harstad, owner of 7151 Hwy 65, to see if he was
interested in having his property rezoned to C-2, General Business. Mr. Harstad
determined that is was the right decision for his property, thus the rezoning request from
both Creekside Properties and Glen Harstad.
SITE DESCRIPTION AND HISTORY
The property at 7101 Hwy 65 is zoned M-1, Light Industrial, and has been since that
late 1950's. The property was developed in 1960, when an office/warehouse building
was constructed. In 1972, an office addition was constructed and in 1974, a warehouse
building was constructed. Since 1974, at least 3 building permits have been issued to
remodel existing storage space into office space. It appears that over the years, the
use of this building has been changed to accommodate office and retail uses, such as a
contractor's office, tax serves, realty services, attorney's office, barbershops and more
recently Esquire hair and tanning salon and It Figures.
25
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� The property at 7151 Hwy 65 is also zoned M-1, Light Industrial and has been since the
late 1950's. In 1969, a building permit was issued for a Trailer Sales lot and as a result
. a special use permit was granted to operate a Trailer Sales lot. At that time, the special
use permit was granted for a 3 year period. In 1971, the property owner sought a
rezoning to commercial, which was denied because it was felt that although this area
should have a commercial zone, they wanted to wait for a more permanent business to
locate on the site. In 1974, a SUP was granted to operate a Trailer Sales lot for 5 years
and in 1980 an additional SUP was granted with no time limit or review unless there
was a change in use. The property has remained a Trailer Sales lot since 1980 and is
currently Comfort Homes.
ANLAYSIS
In 1989, the City Council approved a rezoning for 7191 Hwy 65 from M-1, Light
Industrial and R-3, General Multiple Units, to C-2, General Business. Currently, this is
where Chopper City Sports is located. In 1990, City staff met with the remaining
property owners between the railroad tracks and 72nd Avenue, in an attempt to have
them file a joint rezoning application for the entire block. The reason for the meeting
was because all of the uses within that corridor were generally office and retail. At that
time, there were concerns regarding the contractor's office and associated yards as to
whether they would continue to be permitted uses under the C-2, General Business
district regulations. City staff determined that they would continue to be permitted uses
under the C-2 zoning. At that time, the owners preferred to let the existing zoning
stand.
- In 1992, the City Council approved a rezoning request by Ed Stanke, for his property,
which is located at 7091 Hwy 65. At that time, he requested a rezoning to better match
the existing uses in his building, which were an insurance and marking office and a diet
� center.
26
As a result of the rezoning for 7091 and 7191 Hwy 65, the subject properties were left
as an industrial island between two commercial properties. The existing land use isn't
consistent with the existing zoning designation. Rezoning these properties would be a
continuation of the existing C-2 zoning. Therefore, rezoning these properties would be
consistent with the neighboring properties.
As was stated earlier, one of Creekside Properties tenants came into City Hall, to ask
for a zoning compliance sign-off. Due to the conflict between the use (If Figures) and
the M-1 zoning code requirements, staff was unable to sign-off. City staff then
suggested that the best way to resolve this use conflict for this tenant and other tenants
in the building, would be to rezone the property to C-2, which is the current use of the
property. In order to accomplish a successful rezoning, the lot at 7151 Hwy 65 would
also need to be rezoned. It should also be noted that these properties will remain as
they exist today; there aren't any plans to make any changes to either of the properties.
Property locateci at i � u� hwy b5
The City's zoning ordinance and official zoning map are the mechanisms that help the
City achieve the vision laid out in the Comprehensive Plan. The law gives the City the
authority to "rezone" property from one designated use to another, so long as the zoning
is in conformance with the Comprehensive Plan. The Comprehensive Plan's 2020
future land use map designates this area as "Redevelopment." While these properties
aren't being "redeveloped", they are eliminating incompatible land uses, by correcting
the current use of the property to the zoning regulations.
27
Comfort Homes, has a SUP to allow a Trailer Sales lot, which is required in the M-1
zoning district, as well as the C-2 zoning district. It would be beneficial to include as
part of this rezoning request, the transfer of the SUP on this property from the M-1
zoning to the C-2 zoning, to keep this properiy in conformance. Staff would recommend
that the Planning Commission note this in the motion, if the rezoning is approved.
�m
'151
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA
BY MAKING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley and
described as:
7101 Highway 65 NE: The west 270 feet of Lot 4, Auditors
Subdivision No. 89, subject to easement of record.
7151 Highway 65 NE: The west 375 feet of Lot 3, Auditors
Subdivision No. 89, subject to easement of record.
Is hereby designated to be in the Zoned District C-2 (General
Business).
SECTION 3. That the Zoning Administrator is directed to change the official zoning map
to show said tract or area to be rezoned from Zoned District M-1 (Light
Industrial) to C-2 (General Business).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
13th DAY OF DECEMBER, 2004.
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: November 22, 2004
First Reading:
Second Reading:
Publication:
29
SCOTT J. LUND — MAYOR
� AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 22, 2004
CffY OF
FRIdLEY
a
TO: WILLIAM W. BURNS, CTTY MANAGER ��
FROM: RICHARD D. PRIBYL, FINANCE DII2ECTOR
GREG TIItEVOLD, SPECIAL ASSESSMENTS
SUBJECT: PUBLIC HEARING FOR THE 2004 NUISANCE ABATEMENT
DATE: November 17, 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 25, 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.
• � • ,i�
Attachment
���
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
Assess 10 years @ 6.5% Interest $106,171.67
North Park Neighborhood
Assess 10 years @ 6.5% Interest $21,336.00
2004 NUISANCE ABATEMENT Assess 1 year @ 6.5% Interest $9,830.16
7601Arthur Street
7699 Highway 65
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 individual assessment at an adjourned meeting, upon such
further notice to the affected property owners, as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081
by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption
of the assessment and filing such notice with the District Court within ten days after service upon the
Mayor or Clerk.
The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for
senior citizens. The City Council may defer the payment of special assessments for any homestead
property owned by a person 65 years of age or older for whom it would be a hardship to make the
payments.
Publish: September 16, 2004
Scott J. Lund
Mayor
31
cm oF
���
AGENDA ITEM
CITY Ct�UNCIL MEETING OF
NOVEMBER 22, 2004
TO: WILLIAM W. BURNS, CITY MANAGER !`��
/�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
GREG TIREVOLD, SPEClAL ASSESSMENTS
SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2004 NUISANCE
ABATEMENT
DATE: November 16, 2Q04
Attached you will find the final assessment roll for the 2004 Nuisance Abatement along with the
Resolution to adopt the assessment. The Public Hearing for this assessment has been continued from
two previous City Councit m�tings. The adoption of the assessment has also been tabled until the
November 22, 2004 meeting.
The assessment includes 2 properties at a cost of $9,830.16. The assessment wi11 be certified for 1
year at an interest rate of 6.5%.
RDP/gt
Attachment
32
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 COUNCII, OF FRIDLEY, MINNESOTA:
Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein and each tract of
land therein included is hereby found to be benefited by the proposed improvement in the amount of
the assessment levied against it.
Such assessment shall be payable in equal annual installments extending over a period of one year,
the first of the installments to be payable on or before the first Monday in January, 2005, and shall
bear interest at the rate of 6'/z percent per annum from the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 2005.
The owner of any property so assessed may, at any time prior to certification of the assessment to the
county, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid
within 30 days from the adoption of this resolution.
The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county
auditor to be extended on the property t� 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 NOVEMBER, 2004.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
��j
ASESSMENT ROLL FOR
2004 ABATEMENT
Name PIN No. Actual
Assessment
SpineCare P.A. 12-30-24-21-0002 $ 9,717.00
7699 Highway 65
Fridle , MN 55432
Jeffrey Pappenfus 12-30-24-11-0122 $ 113.16
7601 Arthur Street
Fridley, MN 55432
34
�
� AGENDA ITEM
�oF CITY COUNCIL MEETING OF NOVEMBER 22, 2004
FRIQLEY
INFORMAL STATUS REPORTS
35