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12/06/2004 - 4577r � r � qTY OF FRIDLEY ��•. t. -� u �a � �_ /_5 c "� �r —��'.C'�"L1 � _. . . , � �. • � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6, 2004 ?:30 p.m. - City Council Chambers �S Attendance Sheet 0 Address �� ,M, _ S, j,� �' '� iL��= .�% y'/' S�� .,� f/�� c� i� ��' 75l�/ �llol.e►� WA .�� . , � .. Ai ._ % �v� Gr/� �� `� � r �57 5 rYlo �v r.v � .`�7 IU� �-=�„�/ti ��- �ro . T —T �F'�� -, t. ��;`�'�```I T'� -� S � � CITY OF FRIDLEY CITY COUNCIL MEETING OF DECEMB�R 6, 2004 The City of Fridley will not discriminate against or harass anyone in the admission or acces empioyment in its services, programs, or activities because of race, color, creed, religion, disability, age, marital status, sexual orientation or status with regard to public assistai accommodation will be provided to allow individuals with disabilities to participat� in any programs, and activities. Hearing impaired persons who need an interpreter or otfier person: require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 22, 2004 OL.D BUSINESS: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Requ�st, ZOA #04-02, by Creekside Properties and Glen Harstad, to Rezone Properties Located at 7101 and 7151 Highway 65 from M-1, Light Industrial, to C-2, General Business) (Ward 2) ............................................ NEW BUSINESS: 2. Special Use Permit Request, SP #04-05, by Home Depot USA, Inc., to Amend their Existing Special Use Permit to Allow the Expansion of their Garden Center, Generally (� � Located at 5650 Main Street N.E. (Ward 3) .::.i.... � . ................................ �J" 3. Approve 2005 Sixty-Day Agency Action Application Deadlines for the Planning y y j Commission and Appeals Commission Meetings............................................................... > to, or treatment, or national origin, sex, ce. Upon request, �f Fridley's services, with disabilities who (TTD/572-3534) ...... 1 - 2 ..... 3 - 7 ..... 8 - 17 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6 2004 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED)� 4. Approve Contract Amendment between the �� City of Fridley and Short Elliott �V�; Hendrickson Inc. for the TH 65 Causeway Project....................................... ....................................................... - 5. Claims 6. Licenses 7. Estimates ............................................................................................... ............................................................................................... .............................................................................................. ADOPTION OF AGENDA. OPEN FORUM (VISITORSI: Consideration of Items not on Agenda — 15 Min PUBLIC HEARINGS: 8. Consideration of the 2005 City of Fridley Budget................................................................................................ NEW BUSINESS: 9. Informal Status Reports .............................................................................. ADJOURN. ........ 18 - 21 ........ 22 ........ 23 - 25 ....... 26 ...... 27 - 28 ...... 29 CITY COUNCIL IVIEETING CITY OF FRIDL�Y NOVEMBER 22, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:35 p.m. PLEDGE O� 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 Fritz Knaak, City Attorney Scott Hickok, Community Development Director Rick Pribyf, Finance Director Jon Haukaas, Public Works Director PRESENTATIONS: • CenterPoint Energy Minnegasco Mr. Berg, Fire Chief, stated in 2003, 50 firefighters died nationwide from heart attacks. In the first phase of the plan to protect firefighters and members of the community, they presented to the City Council a cooperative plan with the Fire Department and Independent School District 14 to raise funds to purchase automatic defibrillation equipment for each fire truck and each school. With the presentation of a check this evening, they will have completed fundraising for the Fire Department vehicles. Mr. Swintek, CenterPoint Energy, explained that this is a that will be presented to the City. CenterPoint Enerc business since 1870 and has served the City of Fridley partnership, one of the things they try to do is give back with community needs. When they received the appl Department, they reviewed it and determined it to be presented a check for $2,500 to help support this program Ms. Long, Firefighter, stated they recently purchased defibrillators needed and with this donation tonight they remaining two with additional funds going to the schools. community partnership grant y Minnegasco has been in since 1952. As part of that to the community by helping �ation from the Fridley Fire a good program. He then five of the seven automatic will be able to purchase the FRIDLEY CITY COUNCIL MEETING NOi/EIIIIBER 22 2004 PAGE 2 OF 18 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council meeting of November 8, 2004 APPROVED. NEW BUSINESS: 1. Receive the Minutes of the November 3, 2004, Planninq Commission Meetinq. RECEIVED. 2. Resolution No 2004-68 Approvinq Recvclinq Service Fees. Dr. Burns, City Manager, stated this resolution raises recycling service fees by 1.7% as allowed by the City Charter for an increase from $6.06 to $6.16 per quarter. This increase will generate revenues that will be $5,000 to $15,000 short of covering projected annual costs. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-68. 3. Resolution No 2004-69 Providinq for Sewer Rate Increases. Dr. Burns, City Manager, stated this resolution raises sewer rates by 1.7% as allowed by the City Charter, for an increase from $2.41 per thousand gallons of water usage to $2.45 per thousand gallons of water usage. This increase will leave the City $164,000 short of covering the 2005 operating costs. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-69. 4. Resolution No 2004-70 Providinq for a Storm Water Drainaqe Rate Chanqe. Dr. Burns, City Manager, stated this resolution raises storm water drainage rates 1.7% as allowed by the City Charter, for an increase from $3.07 per quarter to $3.12 per quarter. This increase will leave the City $77,000 short of covering the 2005 operating costs for the maintenance of the City's storm water system. Staff recommends Council's approval. - APPROVED RESOLUTItaN NO. 2004-70. t�F�I�3L�Y Cii"Y COUNCIL. MEETING, NOVEi�ISER 22, 2004 PAGE 3 C�F 1� 5. Resolution No. 2004-71 Providinq for Water Rate Chanqe Dr. Burns, City Manager, stated this resolution raises water rates 1.7% as aflowed by the City Charter, far an increase from $1.10 to $1.12 per thousand gallons for those who consume under 5 million gailons per quarter, and $1.15 to $1.17 per thousand gallons for those who consume more than 5 million gallons per quarter. This increase will leave the City $280,000 short of covering 2005 operating costs. These are the expenses staff was trying to cover with the amendment to the City Charter that was defeated in November. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-71. 6. Resolution No. 2004-72 Requestinq the Minnesota Department of Transportation to Conduct Reqular Maintenance of their Riqhts-of-Wav within Citv Limits. Dr. Burns, City Manager, explained that at Council's request, he contacted all Minnesota cities through the League of Minnesota Cities in an effort to measure concern about MnDOT's right-of-way maintenance within the cities. To date, eight city councils including Anoka, Falcon Heights, Rosedale, Robbinsdale, Brooklyn Center, White Bear Lake, Buffalo and Montevideo have passed similar resolutions. The resolution asks for immediate maintenance of all fences and guardrails of state and interstate highways that cross Minnesota cities. It also asks that MnDOT provide for weekly mowing of these rights-of-way or alternatively reirnburse cities for labor, supplies and equipment necessary to maintain these rights-of-way. Staff recommends Council's approval. ADOPTED RESOLUTION 2004-72. 7. Resolution No. 2004-73 Authorizinq an Increase in Compensation and Chanqes in Certain Benefits for the 2005 Ca�endar Year. Dr. Burns, City Manager, explained this resolution provides for a 3% increase in salary for full-time employees who are not a part of an employee bargaining group. The increase is for 2005 and includes a 3% increase in automobile allowances where applicable. Staff recommends Council's approval. ADOPTED RESOLUTION 2004-73. 8. First Readinq of an Ordinance Recodifvinq the Fridtev City Code bv Amending Appendix F to Provide for the Adjustment of Salaries for the �Ul�yor and Councilmembers in Accordance with Section 2.07 of the Charter of the City o� �ridlev. Dr. Burns, City Manager, stated effective January 1, 2005, the salaries of the Mayor and Councilmembers will be raised 3% as well. The increase will adjust the salaries to the FRIDLEY CITY GOUhlC9L MEETIhlG NOV�iVIBER 22 2004 PAGE 4 OF 18 foliowing levels: Mayor -$9,926.07; Counciimember-at-large -$8,153.16; the three ward Councilmembers -$7,208.17. Staff recommends Council's approvai. THI� ITEM WAS REN00VED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. Claims: 1191'16-119398. APPROVED 10. Licenses. APPROVED AS SUBMITTED AND AS ON FILE. 11. Estimates. APPROVED THE FOLLOWING ESTIMATES: Ron Kassa Construction, �nc. 6005 — 250th East Elko, MN 55020 2004 Miscellaneous Concrete Repair Project No. 355 Estimate No. 4 $21,520.16 Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., asked for additional discussion on Item No. 8. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the proposed consent agenda with the removal of Item 8. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to adopt the agenda with the addition of Item 8. 4�POP� t� VOICE VQTE, ALL VOTIi�G AYE, NlAYOR LUND DECLARED TFiE MOi'iON _ �ARF�lEC3 U�ANtMOUSLY. FRI�LEY CiTY COUNCIL MEETING. NOVEMBER 22, 2004 PAGE 5 O� 18 OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes. Mr. John Flora, 573 Rice Creek Terrace, stated the Springbrook Nature Center referendum was for $275,000 and asked if that is the full amount of the administration, maintenance and programming costs. Mayor Lund stated that there were $56,000 collected in fees and that figure would be added to the $275,000 for the full cost. Dr. Burns, City Manager, stated the Nature Center budget is somewhere around $300,000 for 2005. The levy increase plus the program income will give them a little flexibility to put some money aside for capital improvements at the Nature Center. Mr. Flora asked if the Council will continue to require the annual foundation contributions and establish new Springbrook Nature Center fees. Mayor Lund responded that the Foundation's contribution was for one year. Councit has discussed the possibility of non-resident entrance fees and raising some of the program fees, but that has been deferred to Parks and Recreation Commission for their recommendation. Dr. Burns added that staff's proposal was to gain some additional resources by charging a non-resident program fee. They also talked about a fee for entry to the Nature Center which has been passed on to the Parks and Recreation Commission. Mr. Flora asked if the Foundation will no longer be required to contribute any funds to the operation of the Springbrook Nature Center. Councilmember Billings said the answer to his question was yes. The answer to your question is yes. But, the way it's phrased is that they will no longer be required. They never have been required to contribute to funding anything at Springbrook. In 2003, they volunteered to come up with some money for 2004 because we didn't have a special election in 2003...they volunteered to come forward with some money for 2004. But historically they have not provided funding to our general budget for the operation of Springbrook. They have provided volunteers for many of the events that have helped generate the $50 some odd thousand dollars of fees that were generated...but they have contributed little if any over the last 20 years that I've been on the City Council...We never did require them to do that." Mr. Flora stated the discussion at the August 25t" Council meeting lead him to believe that the intent was to require the Foundation from now on to participate in the cost of the Nature Genter. Mayor Lund commented that the Foundation is a volunteer organization outside of City government and not under the Council's control. FRIDLEY CITY COUNCIL MEETING, NOO/EMBER 22, 20_04 PAGE 6 OF 18 Counciimember Wolfe remarked that Mr. Flora may be referring to the arrangement the Council had with the Foundation regarding the one time $56,000 commitment the Foundation made in 2003. Councilmember Bolkcom commented that at a recent Council conference session, the members talked about how the Council should take a more active role in working with the Parks and Recreation in overseeing the Nature Center and that the Foundation will have a less active role on how the $275,000 will be spent. Also, the Council has advised that there be money set aside from the $275,000 for capital improvements that may be needed. Mr. Flora asked if there will be any other general funds expended at the Springbrook Nature Center, such as for labor, new construction, public works support or electricity. Mr. Pribyl stated he is in the process of setting up a special revenue fund to control revenues and expenses in conjunction with the Springbrook Nature Center, which is coming out of the general fund. The $275,000 levy is designed to fully supplant what that fund needs to continue to operate. Dr. Burns stated the Public Works Department will continue to provide maintenance of the Nature Center as they do with other City parks. Mr. Flora asked if that expense will be a line item in the general fund so it can be identified as a Nature Center expense. Dr. Burns stated it will be a part of the maintenance budget for parks maintenance. Councilmember Billings commented that there are two sides to the budget every year. What was just approved by the voters is a guaranteed revenue, a part of the real estate taxes that will be paid by all property owners in town but that portion of it will be specifically designated for Springbrook. Therefore a new revenue fund and expenditure fund are being created by the Finance Department to track that so that those funds are not used anywhere else. That does not mean that any of the other monies of the general fund can be used unless they have come from a designated revenue source. They can be used anywhere that the City Council and City Manager see fit to use them. If there is some activity at Springbrook in a future year that requires a budget for Springbrook of $400,000 and the City Council decides that's an activity they want to do at Springrook, it can still be done. The $275,000 is a revenue source which is guaranteed to be set aside for Springbrook. That does not mean additional funds cannot be used at Springbrook if the City Council chooses to do that. For the last 7 or 8 year� the City has been budgeting about $330,000 for the Nature Center, $275,000 from the general fund and approximately $55,000 from Nature Center program fees. Mr. Flora asked what will be done with the $275,000 that will now be "freed up" in the general fund with the new revenue generated by the Springbrook referendum. ��I�LEY CITY C�UNCiL M�Ei�NG NqVEi4lIBER 22 2pQ4� Pe4GE 7 QF 1� Counciimember Billings stated $275,000 less will be taken out of reserve to try and do the things we have been doing for the last several years. For several years we have been minimizing the amount of money we spend on replacement of dump trucks, we are forcing our Fire Department to use fire trucks longer, and our police officers are using squad cars longer. All of these things eventually have to be replaced. That was why the City Manager proposed not funding Springbrook in 2004. He determined that the City could no longer afford to be taking $275,000 out of the general working budget to pay for programming at Springbrook. Dr. Burns stated they were still pulling in about $1,250,000 in transfers to balance the general fund even with the $275,000 from the Springbrook referendum. They are also transferring money from the closed bond fund to cover street improvements and other capital improvements. Mr. Pete Eisenzimmer, 6535 Oakley Drive, said the language on the ballot for the Charter amendment was too difficult to understand. PUBLIC HEARINGS: 12. Consideration of an Ordinance to Amend the Citv Code of the Citv of Fridlev, Minnesota, by Makinq a Chanqe in Zoninq Districts (Rezoninq Reguest, ZOA #04-02, bv Creekside Properties and Glen Harstad to Rezone Properties Located at 7101 and 7151 Hiqhwav 65 from M-1, Liqht Industrial to C-2, General Business (Ward 2). MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Community Development Director, stated that this rezoning will allow the current use to conform to the zoning requirements. In order to avoid spot zoning and to accomplish a successful rezoning, both the properties at 7101 and 7151 Highway 65 would need to be rezoned. Staff and Creekside Properties consulted with Glen Harstad, owner of 7151 Highway 65, to see if he was interested in being included in the rezoning. Mr. Harstad determined that was the right decision for his property. The property at 7101 Highway 65 is zoned M-1 and has been that way since the 1950s. The - property was developed in 1960 with an office warehouse building. In 1972 an office addition was constructed, and in 1974 a warehouse was constructed. Since 1974 there have been three building permits issued to remodel storage space into office space. Over the years, the use of this building has been changed to accommodate office and retail uses, such as a contractor's office, tax services, realty services, attorney's office, barber shops, and more recently Esquire Hair and Tanning Salon and It Figures Salon. FRIDLEY CITY COUNCiL MEETING NOVEMBER 22 2004 PAGE 8 OF 18 Mr. Hickok stated 7151 Highway 65 has been zoned M-1 since the 1950s as well. In 1969, a building permit was issued for a trailer sales lot and a special use permit was issued to operate a trailer sales lot for a period of three years. In 1971, the property owner sought a rezoning to commercial which was denied because it was felt that although this area should have been a commercial zone, they wanted to wait for a more permanent use to locate on the site. In 1974, a new special use permit was granted to operate the trailer sales lot for five years. In 1980, an additional special use permit 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. In 1989, the City Council approved the rezoning for 7191 Highway 65 from M-1, Light Industrial, to R-3, General Multiple Units and C-2, General Business. Currently this is where Chopper City Sports is located. In 1990, staff met with the remaining property owners between the railroad tracks and 72"d Avenue in an attempt to have them file a joint rezoning for the entire block. The reason for that was that all 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 regulations. City staff determined that they would continue to be permitted uses under C-2 zoning, but the owners at that time preferred to let the existing zoning stand. In 1992 the City Council approved a rezoning request by Ed Stanke for his property located at 7091 Highway 65. He had requested a rezoning to better match the uses in his building which were an insurance and marketing office and diet center. Mr. Hickok stated that as a result of the rezoning at 7091 and 7191 Highway 65, the subject properties were left as an industrial island between two commercial properties. The existing land use is not consistent with the existing zoning designation. Rezoning these properties would be a continuation of the existing C-2 both north and south. Mr. Hickok 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 use is in conformance with the Comprehensive Plan. The Comprehensive Plan showed this area as a redevelopment district. While these properties �re not being redeveloped, they are eliminating incompatible land use by applying the proper zoning regulations. Comfort Homes has a special use permit to allow the trailer sales lot which is required in the M-1 district as well as the C-2 district. Staff also recommends that if this rezoning is approved that carry-over of the special use permit would be included. The Planning Commission recommended approval. The first reading ofi the ordinance would occur at the December 6, 2004, City Council meeting. Councilmember Barnette asked if staff is aware of any objections to this proposal. Mr, Hickok ex�lained there were some inquiries made but no objections. Councilmember Bi{lings asked if the ordinance requires a first and second reading. FRl�:�L�aY rITY COUNCIL MEETIN(�, N€�VEMB�F� 22, 2004 PAGE 9 OF 1$ Mr. Hickok said it did. Councilmemb�r Billings asked if the transfer of the special use permit should be addressed in the ordinance. Mr. Hickok stated the inclusion of the transfer of the special use permit in the Council's motion would be sufficient. Councilmember Billings asked if Council could approve the first reading at tonight's meeting and also pass a motion to transfer the special use permit and hold the second reading at the next Council meeting. Mr. Hickok said that was possible. Mayor Lund and Councilmember Bolkcom agreed that if there is no controversy, the first reading could be held tonight. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Consideration of the Proposed Assessment for the 2004 Nuisance Abatement (Continued October 25, 2004). MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to remove the 2004 Nuisance Abatement from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, said this public hearing is being continued from the City Council meeting of October 25. This is the annual assessment for those properties for which the City has expended resources for compliance of properties in accordance with the City Code. The first abatement is regarding property located at 7699 Highway 65 and is in regard to a water pump line installed to remove water from the building to the storm water line in order to eliminate a violation. The cost of this abatement was $9,830.16. The second abatement is in regards to the property at 7601 Arthur Street for nuisance weeds at a cost of $113.16. Each of these properties will be assessed the cost of the remediation over a period of one year at a rate of 6.5%. Councilmember Billings asked Mr. Haukaas to explain again the reason the City installed this pipe. FRlDLEY CITY COUNCIL MEETING NOVEMBER 22 2004 PAGE 10 OF 18 Mr. Haukaas, Public Works Director, stated in 1985, the City of Fridley and Dr. Dahl, the property owner at 7699 Highway 65, agreed to a land swap in order to create a looped frontage road south of Osborne Road. Prior to this, sump pump water from Dr. Dahl's building was draining to the east where the road was to be constructed. During construction it was determined that discharge from the sump pump was making the ground too wet and as a solution a one inch copper sump pump discharge line was connected from his building to the storm sewer. The property owner has stated that this line plugged with silt and mineral deposits shortly after it was installed. There was a disagreement between Rusty Silseth, the sewer foreman at the time, and John Flora, the City Engineer at the time, regarding the size of this discharge line. After the discharge line became plugged, the sump pumps were directed into the streets during summer months and the sanitary sewer during colder months. In 1985, discharge of sump pumps into the sanitary sewer was allowed. In 1995, the City Council passed an ordinance that made discharge of storm water into the sanitary sewer a violation because of the rising costs of treatment of that sanitary sewer discharge. That sump pump ordinance was widely distributed and promoted throughout the entire City. Councilmember Billings stated it was his understanding that the one -inch pipe was put in for the benefit of the City. Mr. Haukaas explained during construction of the looped frontage road, Dr. Dahl's sump pump continued to drain as it had in the past. There was high ground water in the area but it was making the area where the road was to be constructed too wet. That connection was made directly to the storm sewer to allow that ground to dry up and allow the road to be built. Councilmember Billings stated again that the purpose of the pipe was for the benefit of the City, not for the benefit of the property owner. Mr. Haukaas stated that is correct. That information came from past employees and the records that were available. Councilmember Billings stated as long as Mr. Flora, former Public Works Director, is in the room perhaps he would like to comment on this matter. Mr. Flora stated Dr. Dahl bought the property when the City was putting in the loop back and the sump pump from the building had been draining to the east. As a result, we asked him to change it. Dr. Dahl did not want to do that, so they basically extended the pipe they had into the storm sewer they were putting in. IVlayor Lund asked why a one-inch pipe was put in instead of a four-inch pipe. - Mr. Flora said that was what Dr. Dahl had and the City just extended what he had. Dr. Dahl stated the statement that this pipe was put in as a temporary measure is a new claim that just occurred at the last meeting and has never been heard before. The pipe FRB��EY CiTY C�OUNCIL MEETING, NOVEMBER 22, 2004 PAG� 11 OF 18 was put in at a depth below frost line, 7 feet, and above that the City put multiple layers of light Styrofoam to protect the pipe from freezing. Furthermore, the reason for the copper pipe was to be able to thaw the pipe if it froze. All of the engineering was designed for a long-term permanent pipe. He asked why the City would go to that much trouble for a temporary pipe. He clarified a statement by Mr. Flora that he had purchased the property in 1985. He has owned the property since 1980. The solution the City provided was inappropriate and did not function. The City ignored the problem for many years then finally fixed it. It was time the City owned up to their responsibilities and took care of the problem. The documentation is so clear that no other reasonable conclusion can be made other than this is the City's responsibility. He referred to independent counsel's findings of fact which stated that the pipe the City installed was inadequate to handle the sump water. Also, the assessment the City charged him for draining the water into the sanitary sewer at a rate of $300 per quarter assessed last year disappeared and never was assessed. Dr. Dahl said he received a letter from the City dated November 5, 2002, which stated he was in violation of the City Code, yet an inspection report dated the day before indicated he was in compliance. Councilmember Barnette stated the ordinance changed in 1995, and did not allow the connection to the sanitary sewer. He asked what Dr. Dahl did at that time to bring his property into compliance. Dr. Dahl stated the City was well aware of the condition and there was nothing he could do. He continued to do what the City had told him to do and that was to drain the water into the street during the summer months and drain it into the sanitary sewer in the winter months. Councilmember Barnette asked Mr. Haukaas what the City instructed Dr. Dahl to do in 1995 when the ordinance changed. Mr. Haukaas stated he was not on staff in 1995 and there is no documentation. He is not aware that the City continued to have any contact with Dr. Dahl saying he was allowed to do this. The City made it clear to everybody that it was no longer allowed. Dr. Dahl stated that it was up to the City to correct the problem that they had created. Since the City did not correct the problem, he continued to do what the City had told him to do. Mr. Haukaas stated in regard to the issue of the surcharge fee Dr. Dahl referred to, that is written into the ordinance as a penalty that does not need to go through the nuisance abatement process. After this problem had been taken care of within that year, he discussed the matter with the Finance Director and they did not see any reason to add fihat on. What they wanted to do was eliminate the discharge into the sanitary sewer and that was accomplished, so they saw no reason to continue the surcharge fee. Mayor Lund asked if Dr. Dahl had any documentation stating that the City had committed to correcting the problem once the pipe became plugged. FRIDLEY CITY COUNCiL IIl�EETING [�OVEMBER 22 2004 PAGE 12 OF 18 Dr. Dahl stated Mr. Silseth's letter states clearly that he thought it should have been a larger pipe. And the hearing officer found that the pipe was inadequate. Councilmember Billings questioned where Dr. Dahl's sump pump was draining before the City put in the pipe. Dr. Dahl stated it was draining onto the property until the City took a portion of his property for the road construction. Mr. Haukaas explained the nuisance abatement process allows for three options. Dr. Dahl could correct the problem, the City could correct the problem, or the issue could go before a hearing officer. Dr. Dahl chose to go through the hearing officer. The hearing officer ruled that Dr. Dahl was in violation of the ordinance. At that point the City sent Dr. Dahl a letter stating he had two options; to fix the problem himself or the City would fix it and bill him. The City received a letter from Dr. Dahl's attorney stating the City should fix the problem and bill Dr. Dahl which is how the city proceeded. Dr. Burns asked Mr. Haukaas if there is any documentation on file regarding an arrangement whereby the City provided this conduit for Dr. Dahl's sump pump. Mr. Haukaas stated there is no documentation that he is aware of regarding any such agreement. Dr. Dahl stated in 2001, he requested that the City do something to fix the problem. Dr. Burns stated they had a survey of sump pump users after 1995 and about 400 people come forward and changed their sump pump connections. Mr. Haukaas stated the primary focus of a lot of those inspections was residential. The information went out to everybody and the inspections were done in known areas. He did not know if Dr. Dahl's was inspected at that time. Dr. Dahl referred to his letter of September 24, 2002, addressed to Mr. Haukaas stating that per the City's instructions, he had been pumping his sump pump into the street sewer system during the spring, summer and fall months, and for traffic safety restrictions per the City's instructions, into the sanitary sewer after freeze up. The letter further stated that it had been 17 years since the City put in a faulty basement drain water line and that he had been told that this would be corrected over and over again. The letter also stated that it would be in the best interests of the City to correct this problem before further costs are incurred this winter. Dr. Burns asked who told Dr. Dahl that the City wou{d correct the problem. Dr. Dahl stated those were the directions of Mr. Silseth at that time and he had gotten it from his supervisors. There was one occasion when the City had to block the drainage FF2fDLEY ClTY COUNCIL MEETING tVOVEMBER 22 2004 PAGE 13 OF '18 pipe when the storm sewer that it went into was plugged. So this issue has been well known and understood but has never been addressed. Councilmember Bolkcom asked Dr. Dahl if he has anything in writing instructing him to drain his sump pump in this manner. It seems that this whole matter is all hearsay. Dr. Dahl stated he does not believe it is his obligation to document the common sense actions that the City should take to correct the problems the City created. There is no question that the City put this pipe in 7 feet down with foam over it and that it was intended to be a long-term fix. Councilmember Bolkcom stated if the City had never built Viron Road, Dr. Dahl would still have to deal with his sump pump water. Dr. Dahl stated that before the City took the land for Viron Road, he had plenty of room to drain his sump pump. Councilmember Wolfe commented that if Viron Road had not gone in, Dr. Dahl could have continued to drain his sump pump onto his property and the ordinance change in 1995 would not have affected him. Councilmember Barnette stated that the main issue is that in 1995, the ordinance changed. He asked what Dr. Dahl could have done at that time to correct the problem. Mr. Haukaas stated Dr. Dahl could have put in a pressurized pipe to put the drainage water out to the Highway 65 ditch or, as the City eventually did, connect the sump pump line to the storm sewer. Councilmember Bolkcom stated she is confused about what happened after the findings of the hearing officer and why Dr. Dahl allowed the matter to get this far. Dr. Dahl stated the conclusion of the hearing officer was that he was guilty of dumping the water but did not say that he was responsible for the solution. That is why he instructed the City to fix the pipe, the way it should have been done originally, and then he would deal with the issue. Councilmember Bolkcom said she believes Dr. Dahl should have resolved the issue of responsibility before instructing the City to fix the problem. Councilmember Wolfe stated he has a problem with this matter. He believes the City created a situation where Dr. Dahl could not continue to drain the sump pump on his property. Mayor Lund asked if it would have been possible for the City fio de-water the area for road construction rather than installing the pipe. FRfDLEY CITY COUNCfL MEETIN� NOVEMBER 22 2Q04 PAGE 14 OF 18 Mr. Haukaas replied that would have been extremely expensive to keep the area free of water for the length of time necessary to complete the construction of Viron Road. Mayor Lund commented that it is unusual for the City to make a permanent fix for an individual's property. He also stated the problem really does not originate when the road was installed because there was an option up until 1995 to dump it into the sanitary sewer. Sump pump drainage is ultimately the property owner's responsibility. He also stated that he does not like Dr. Dahl's suggestion that by fixing the situation initially the City bought the problem and questioned if he would hold the City liable to perpetually fix the problem. He also asked at what point it is Dr. Dahl's problem to ensure he no longer has a wet basement. Dr. Burns asked Mr. Haukaas if it is correct that the hearing officer in this matter made no determination of responsibility. Mr. Haukaas stated the hearing officer only ruled on the facts of the case that Dr. Dahl was in violation of the 1995 ordinance. That was the entire purpose of the hearing. Subsequent to the hearing the City received a letter from Dr. Dahl's attorney instructing the City to fix the problem and send him the bill. Dr. Burns also asked about the inspection report Dr. Dahl referred to. Mr. Hickok explained that inspection report was related to the systematic code enforcement for outdoor storage on commercial and industrial sites. Councilmember Bolkcom asked if Dr. Dahl would be willing to share half the cost. Dr. Dahl stated he would not be willing to share half the cost but would accept responsibility for maintenance of the pipe from this point forward. Councilmember Bolkcom asked the City Attorney what Dr. Dahl's recourse would be should the Council approve the abatement assessment. Mr. Knaak replied that he is not interested in giving Dr. Dahl legal advice, but ordinarily there is an appeal process. This is a little unusual in that the hearing occurred some time aga, but the way we treated his attorney's correspondence was as an objectiorr to the assessment so we would be going forward on the basis that it had been properly objected to. M�TION by Councilmember Wolfe, seconded by Councilmember Barnette, to close the public hearing. UPON A VOfCE VOTE, MAYaR LUND, GOUNCILMEMBER-AT-LARGE BARNETTE, G�U�tC�LIVIENlSER BILLINGS �ND C(?UNCILMEIVI�ER BOLKCOM VOTING AYE d�ND CUU�IClLIMEMBER VtIOLFE VC)TIiVG NAY, ili�AYOR L�JND DECLARED THE i�iOT10N CARRIED ON A FOUR TO ONE VOTE. ��l�LEY CITY C�UIJNCEL f�(il�� € INC, �OV�iViBER 22, 20C34 P'AGE 15 OF 18 NEVi/ �USINESS: MOTION by Councilmember Biliings, seconded by Councilmember Bolkcom, to amend the agenda by adding the first reading of an ordinance to amend the City Code as Item 13a. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION C�►RRIED UNANIMOUSLY. 13a. First Readinq of an Ordinance to Amend the Citv Code of the Citv of Fridlev, Minnesota, bv Makinq a Chanqe in Zoninq districts (Rezoninq Request ZOA #04-02, bv Creekside Properties and Glen Harstad, to Rezone Properties Located at 7101 and 7151 Hiqhwav 65 from M-1, Liqht Industrial, to C-2, General Business) (Ward 2). MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to waive the reading and approve the ordinance on first reading. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 14. Resolution No. 2004-49 Adoptinq the Assessment for the 2004 Nuisance Abatement (Tabled October 25, 2004). MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to approve Resolution 2004-49 adopting the assessment for the 2004 Nuisance Abatement. Councilmember Billings stated he believes an explanation of the vote on this matter is in order. This is a difficult issue. We were in a fact-finding mode during the public hearing and it is up to the Council to reach a decision. The facts seem to be that in 1985 a one- inch pipe was put in. The property owner indicates the pipe was buried 7 feet deep with Styrofoam. If that was just a temporary fix, it should not have been hooked up to the sanitary sewer. Those two facts would indicate that there is a distinct possibility that the City was attempting to make a more permanent fix than just to drain water off the work area so they could put in the road. That may have been the primary purpose for it and the thinking may have been to do it so the property owner can utilize it in the future. It is unclear what the thinking was 19 years ago when this was done. There is no documentation in the City's fiies. The property owner does not have any real documentation. Th� praperty owner has a letter from a retired City employee 17 years after the fact. The former Public Works Director does not recall the exact details. On the one hand we have quite a bit of evidence that would indicate that possibly the City intended some kind of a permanent fix. At the same time the property owner is saying that he was promised by the City on multiple occasions to fix the problem, yet there is no letter from the property owner to the City asking the City to resolve the problem. We FRIDLEY CITY COUNCIL MEETING NOVEMBER 22 2004 PAGE 16 OF 18 have a letter from the property owner's attorney telling the City to fix the problem and bill the property owner. There was a hearing process after which there was an opportunity for the property owner to come to Council and appeal the decision of the hearing officer. Over this 19-year period, if in fact it was intended to be a permanent fix by the City, the City fell down on their duty to make that fix. At the same time the property owner failed in his duty to contact the City and demand that the fix be made. There is a certain amount of evidence that leads him to believe there may be some culpability on the part of the City from the standpoint that the City created a situation since prior to the installation of the road there was a land mass large enough to handle the water. The City made a fix that did not work. Even at that point when the pipe did get plugged up there should have been a letter from the Public Works Department to the property owner stating this was not a permanent fix and he needed to address the drainage issue. He said if he votes to uphold the assessment, the property owner's attorney has already notified the City that it is going to court. He said he believes the best course of action would be to split the cost with the property owner because the possibility exists that either side could have resolved this long ago. He asked Dr. Dahl if that is a possible solution. Dr. Dahl restated that he is not willing to pay even half the assessment. Dr. Burns stated he believes a judge would push this towards mediation after both parties have already incurred a great deal of cost. Mr. Knaak agreed that the legal system does try to resolve such issues through mediation. Councilmember Bolkcom stated there is a due process and it seems that somewhere along the line Dr. Dahl should have contacted the City regarding this issue. She believes some type of compromise would be best. Mayor Lund stated the best he would go along with is to meet Dr. Dahl half way, but he has indicated that is not an option. Dr. Dahl asked if the City would accept responsibility for maintenance. Mayor Lund stated absolutely not. Infrastructure of any sort does not last forever. If that pipe was a problem over the past 20 years, Dr. Dahl should have contacted the city. Also Dr. Dahl had the right to appeal the findings of the hearing judge, but that appeai process expired over a year and a half ago. He is opposed to fixing such a problem perpetually for one property owner. iJPC)iV fA 1/O{C� \/OTE, �PlAYOR LUND, COUiVCILtVIEM�3CR-AT-LARG� BARNETTE, GQUNClLi�{EM�E� �ILLI�IGS AND COUNCILtUfEM�ER BOLKGOM VOT�NG AYE A�1D CcJUNCfLlVIEMBER WOLFE VO'TI(VG N/�Y, IVIAYOR LUND DECL�F2ED T!-4E MOTIOi� G�RRIED ON A FOUR TC) ONE VOT�. FRiI�LEY CITY COUNCIL MEETI�VG, NOV�MBER 22, 2Q04 PAGE 17 OF 18 IVEW BUSiNESS: 8. First Readinq of an Ordinance Recodifyinq the Fridley Citv Code bv Amendinq Appendix F to Provide for the Adiustment oi Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the Citv of Fridley. Councilmember Billings stated according to section 2.07 of the Fridley City Charter salaries for the forthcoming year must be approved prior to November 1. Mr. Knaak stated the Council could make a motion to table this matter or to approve it but the salary increases would not go into effect until 2006. Councilmember Billings asked when the City Council last received a raise in pay. Mr. Pribyl stated it was at least two years ago. Mayor Lund stated the Council elected last year not to request an increase. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to waive the reading and approve the ordinance on first reading. UPON A VOICE VOTE, ALL VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED TO CARRY ON A UNANIMOUS VOTE. 15. Informal Status Reports Councilmember Wolfe stated Council received an email from the Fridley Chief of Police regarding a Level 3 sex offender in Fridley. There will be an informational meeting at Fridley High School on Tuesday, November 23, 2004, at 7:00 p.m. Councilmember Bolkcom added that this meeting will be videotaped and will be aired several times for those who cannot attend the meeting. Councilmember Bolkcom thanked all those who attended the final housing forum and asked Mr. Hickok how the infarmation from the housing forums will be shared. Mr. Hickok stated there was a lot of data gathered from the four housing forums. That data is now being compiled and a final report will be available in January. There are hard copies of the questions from the first three sessions available in the Community Development office. The questions from the first two sessions are also available on the City's website. The fourth session is now being produced and should be airing soon. Dr. Burns stated the December edition of the City newsletter will be coming out shortly. Councilmember Barnette commented that several observations have been made that Council did not do a good job getting the information out regarding the two referendums FRIDLEY CITY COUNCIL MEETING, NOVEiVIBER 22, 2044 PAGE 18 UF_ 18 on the November ballot. He said it is the responsibility of the citizens to get informed about these issues. The information is available and if anyone has questions, they can call Council or City staff. 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 10:57 PM. • Respectfully submitted by, Rebecca Brazys Scott J. Lund Recording Secretary Mayor � � CJTY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 6, 2004 December 1, 2004 William Burns, City Manager . `�1`� �� 9 Scott Hickok, Community Development Director Julie Jones, Pianning Coordinator Stacy Stromberg, Pianner Second Reading of a Rezoning Request, ZOA #04-02, Creekside Properties and Glen Harstad M-04-155 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 Industria� 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 between 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, General Business. Mr. Harstad determined that it was the right decision for his property, thus the rezoning request from both Creekside Properties and Glen Harstad. PAST COUNCIL ACTION At the November 22, 2004, City Council meeting, a public hearing was held for ZOA #04-02 and the first reading was approved for ZOA #04-02. THE MOTION CARRIED UNAMIOUSLY. 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 the Council hold the second reading of an ordinance for the approval of the rezoning ZOA #04-02. 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 Cify 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 6�h DAY OF DECEMBER, 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading Publication: November 22, 2004 November 22, 2004 December 6, 2004 � SCOTT J. LUND — MAYOR I � CliY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 6, 2004 November 23, 2004 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #04-05, Home Depot USA, Inc. M-04-148 INTRODUCTION The petitioner representing Home Depot USA, Inc., Todd Mosher, of Greenberg Farrow Architecture, is seeking a special use permit, to allow an expansion of the Home Depot garden center at 5650 Main Street. The Home Depot is proposing to expand their garden center to the south, with a 20 ft. by 189 ft. addition. This addition will provide an additional 3,780 square feet of space to off-load and prepare for sale garden and plant material. In 1995, the Home Depot was granted two special use permits. One of which was to allow a garden center or nursery, which requires outdoor display or storage of merchandise. The second special use permit allows establishments of the "drive-in" type, selling, serving, or offering goods or services directly to customers either waiting in parked motor vehicles or to customers who return to their vehicles to consume or use the goods or services while on the premises. Any change to this previously granted special use permit, requires the special use permit to be re-evaluated. PLANNING COMMISSION RECOMMENDATION At the November 17, 2004, Planning Commission meeting, a public hearing was held for SP #04-05. After a brief discussion, the Planning Commission recommended approval of SP #04-05, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 3 STIPULATIONS 1. Petitioner to submit written approval from Excel Energy regarding building in their easement, prior to issuance of a building permit. 2. Petitioner to keep 20 foot drive aisle along the south side of the property clear of any debris and merchandise. 3. Materials within that garden center shall not exceed the height of the fence or walls of the garden center. 4. Proposed garden center addition to be architecturally compatible with the existing garden center. '= 5. There shall be no outdoor (within the garden center) sales of fertilizers, pesticides or other potential pollutants. All such materials shall be contained within the roofed portion of the building. 6. There shall be no off-season storage within the garden center. 7. There shall be no sales, storage or display of plant material or any other merchandise outside of the confines of the garden center walls. � City of Fridley Land Use Application SP #04-05 November 17, 2004 GENERAL INFORMATION SPECiAL INFORMATION Applicant: Home Depot USA, Inc. 1400 W. Dundee Rd. Arlington Heights IL 60004 Requested Action: Special Use Permit to allow an expansion of a garden center in a C- 3, General Shopping District. Existing Zoning: C-3 (General Shopping District) Location: 5650 Main Street Size: 11.6 acres Existing Land Use: Home Depot Surrounding Land Use & Zoning: N: Petsmart & C-3 E: Holiday and Cub Foods & C-3 S: Interstate 694 & ROW W: Railroad tracks & RR Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.15.01.C.(11) requires a special use permit for garden centers or nurseries which requires outside display of storage of inerchandise. Sec. 205.15.01.C.(7) requires a special use permit for establishments of the "drive-in" type, selling, serving, or offering goods or services directly to customers either waiting in parked motor vehicles or to customers who return to their vehicles to consume or use the goods or services while on the premises. Zoning History: 1941 — Lot platted. 1995 — Home Depot constructed. Legal Description of Property: Lot 1, Block 1, Home Depot Fridley Addition. _ Public Utilities: Business is connected. 5 Transportation: Main Street provides access to the property Physical Characteristics: Lot consists of the Hbme Depot and Petsmart building, parking lots, as well as landscaped areas. SUMMARY OF PROJECT Mr. Mosher, of Greenberg Farrow Architecture, who is representing Home Depot USA Inc., is seeking a special use permit to allow an expansion of their garden center in the C-3, General Shopping zoning district, which is located at 5650 Main Street. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit. Ciry Staff recommends approval of this special use permit request, as it is a modification to their existing special use permit SP# 95-05, which allows a garden center or nursery and allows the outdoor display or storage of inerchandise and allows establishments of the "drive-in" type, selling, serving, or offering goods or services directly to customers either waiting in parked motor vehicles or to customers who return to their vehicles to consume or use the goods or services while on the premises - CITY COUNCIL ACTION/ 60 DAY DATE City Council — December 6, 2004 60 Day — December 13, 2004 Staff Report Prepared by: Stacy Stromberg SP #04-05 REQUEST The petitioner representing Home Depot USA, Inc., Todd Mosher, of Greenberg Farrow Architecture, is seeking a special use permit, to allow an expansion of the Home Depot garden center at 5650 Main Street. < The Home Depot is proposing to expand their garden center to the south, with a 20 ft. by 189 ft. addition. This addition will provide an additional 3,780 square feet of space to off-load and prepare for sale garden and plant material. In 1995, the Home Depot was granted two special use permits. One of which was to allow a garden center or nursery, which requires outdoor display or storage of merchandise. The second special use permit allows establishments of the "drive-in" type, selling, serving, or offering goods or services directly to customers either waiting in parked motor vehicles or to customers who return to their vehicles to consume or use the goods or services while on the premises. Any change to this previously granted special use permit, requires the special use permit to be re-evaluated. HISTORY AND ANALYSIS The subject property is zoned C-3, General Shopping and is approximately 11.6 acres in area. It is located at the southwest corner of the intersection of 57th Avenue and Main Street. Located on the property is a 103,550 square foot Home Depot store, a 27,972 square foot garden center and a 26,600 square foot PetsMart store. This property was developed when Home Depot was constructed in 1995. When the Home Depot building and garden cenfer were originally constructed in Fridley, the City approved the project with the stipulation that no plant sales were to occur outside the confines of the garden center. Home Depot agreed to that stipulation. In the spring of 1996, the Home Depot became in violation of this stipulation as well as the outdoor storage code, by displaying merchandise for-sale outside of the garden center. Staff contacted management several times through written notices and personal visits, to alert them of the violations. No action was taken by Home DepoYs manager at the time, to resolve the violations, so a citation was issued and filed at Anoka County Court. The result from the court process was for Home Depot to pay a fine and have no same of similar violations for one year. When the Home Depot corporate office was notified, the outdoor storage issues were immediately remedied. During the same time, the City Council held a public hearing to revoke Home DepoYs special use permit. The City Council instructed Home Depot to keep their site free of any outdoor storage and left the public hearing open. Over the last 8 years, City staff has had to contact Home Depot at least once each spring/summer season regarding the outdoor storage of plant material, etc. 0 The petitioner is seeking this 20 ft. by 189 ft. garden center addition to allow additional space for off-loading and a preparation area for plant material. They also plan to use this area as a staging area, so when they have products delivered to the site, they can place it in this area to be marked and readied to be displayed. As a result, this addition with help to alleviate, the outdoor storage issues that have occurred on this site since the Home Depot was constructed. As you will notice on the site plan submitted by the petitioner, there is a 30 feet Excel Energy easement on the south side of the subject property that the p�6posed addition will encroach into. That petitioner has communicated to staff that Excel has reviewed the plans for the proposed addition, and they don't have any issues with it. However, they said that Excel won't do anything in writing until the City has approved the addition. This expansion will continue to allow truck and other necessary vehicle traffic to circulate around the building, by providing a 20 ft. drive aisle. The expansion will result in the removal of 4 parking stalls; however the parking demands for this site will still be meet. The property currently meets, and after the addition, will continue to meet all setback and lot coverage requirements. City staff hasn't heard any comments from neighboring property owners. RECOMMENDATIONS Cify Staff recammends approval of this special use permit request as it is a modification to their existing special use permits SP# 95-05, and will help to alleviate existing oufdoor storage issues on fhe site. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner to submit written approval from Excel Energy regarding building in their easement, prior to issuance of a building permit. 2. Petitioner to keep 20 foot drive aisle along the south side of the property clear of any debris and merchandise. 3. Materials within that garden center shall not exceed the height of the fence or walls of the garden center. 4. Proposed garden center addition to be architecturally compatible with the existing garden center. 5. There shall be no outdoor (within the garden center) sales of fertilizers, pesticides or other potential pollutants. All such materials shall be contained within the roofed portion of the building. 6. There shall be no off-season storage within the garden center. 7. There shall be no sales, storage or display of plant material or any other merchandise outside of the confines of the garden center walls. 7 / AGENDA ITEM ` CITY COUNCIL MEETING OFDECEMBER 6, 2004 QTY OF FRIDLEY DATE: December 2, 2004 � TO: William W. Burns, City Manager " FROM: Julianne Beberg, Planning Secretary SUBJECT: Approval of 2005 60-Day Agency Action Appiication Deadlines for the Planning and Appeals Commission Meetings Enclosed for your review and approvai are the 2005 Planning Commission and Appeals Commission 60-Day Agency Action application deadlines. Enclosures : CITY OF FRIDLEY PLANNING 2005 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSION AND CITY COUNCIL ACTION City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need af a public hearing before the City Council. * Different date due to a holiday. ** Date subject to change. Application Deadline: December 3, 2004 Ten Day Compietion Notification: December 13, 2004 Publication Deadline: December 14, 2�04 Planning Commission Meeting: January 5, 2005 City Council Meeting: January 24, 2005 60 Day Agency Action: January 31, 2005 Applic�tion Deadline: December 17, 2004 Ten Day Completion Notification: December 27, 2004 Publication Deadline: December 28, 2004 Planning Commission Meeting: January 19, 2005 , City Council Meeting: February 14, 2005 60 Day Agency Action: February 14, 2005 Application Deadline: December 30, 2004 * Ten Day Completion Notification: January 10, 2005 Publication Deadline: January 11, 2005 Planning Commission Meeting: February 2, 2005 City Council Meeting: February 14, 2005 60 Day Agency Action: February 27, 2005 Application Deadline: January 14, 2005 Ten Day Completion Notification: January 24, 2005 Publication Deadline: January 25, 2005 Planning Commission Meeting: February 16, 2005 City Council Meeting: February 28, 2005 60 Day Agency Action: March 14, 2005 Application Deadline: January 28, 2005 Ten Day Completion Notification: February 7, 2005 Publication Deadline: February 8, 2005 Planning Commission Meeting: March 2, 2005 City Council Meeting: March 14, 2005 60 Day Agency Action: March 28, 2005 �., � Page Z- City of Fridley - 2005 Planning Commission Schedule - City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. '" Different date due to a holiday. ** Date subject to change. Application Deadline: February 11, 2005 Ten Day Completion Notification: February 14, 2005 Publication Deadline: February 15, 2005 Planning Commission Meeting: March 16, 2005 City Council Meeting: March 28, 2005 60 Day Agency Action: April 11, 2005 , Application Deadline: March 4, 2005 '' Ten Day Completion Notification: March 14, 2005 Publication Deadline: March 15, 2005 Planning Commission Meeting: April 6, 2005 . City Council Meeting: Apri125, 2005 60 Day Agency Action: May 2, 2005 Application Deadline: March 18, 2005 Ten Day Completion Notification: March 28, 2005 Publication Deadline: March 29, 2005 Planning Commission Meeting: Apri120, 2005 City Council Meeting: May 9, 2005 60 Day Agency Action: May 16, 2005 Application Deadline: April 1, 2005 Ten Day Completion Notification: April 11, 2005 Publication Deadline: ,April 12, 2005 Planning Commission Meeting: May 4, 2005 City Council Meeting: May 23, 2005 60 Day Agency Action: May 30, 2005 Application Deadline: April 15, 2005 Ten Day Completion Notification: Apri125, 2005 Publication Deadline: April 26, 2005 Planning Commission Meeting: May 18, 2005 City Council Meeting: June 13, 2005 60 Day Agency Action: June 13, 2005 Application Deadline: Apri129, 2005 Ten Day Completion Notification: May 9, 2005 Publication Deadline: May 10, 2005 Planning Commission Meeting: June l, 2005 City Council Meeting: June 13, 2005 60 Day Agency Ac,�t�n: June 27, 2005 Pa�e 3— City of Fridley - 2005 Planning Commission Schedule City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before +the City Council. * Different date due to a holiday. ** Date subject to change. Application Deadline: May 13, 2005 Ten Day Completion Notification: May 23, 2005 Publication Deadline: May 24, 2005 Planning Commission Meeting: June 15, 2005 City Council Meetmg: June 27, 2005 . 60 Day A�ency Action: , July 11, 2005 a. _ Application Deadline: June 3, 2005 Ten Day Completion Notification: June 13, 2005 Publication Deadline: June 14, 2005 _ Planning Commission Meeting: July 6, 2005 City Council Meeting: July 25, 2005 60 Day Agency Action: August 1, 2005 Application Deadline: June 17, 2005 Ten Day Completion Notification: June 27, 2005 Publication Deadline: June 28, 2005 Planning Commission Meeting: July 20, 2005 City Council Meeting: August 8, 2005 60 Day Agency Action: August 15, 2005 Application Deadline: July l, 2005 Ten Day Completion Notification: July 11, 2005 Publication Deadline: July 12, 2005 Planning Commission Meeting: August 3, 2005 City Council Meeting: August 22, 2005 60 Day Agency Action: August 29, 2005 Application Deadline: July 15, 2005 Ten Day Completion Notification: July 25, 2005 Publication Deadline: July 26, 2005 Planning Commission Meeting: August 17, 2005 City Council Meeting: September 12, 2005 60 Day Agency Action: September 12, 2005 11 Page 4— City of Fridley - 2005 Planning Commission Schedule City Council mecting dates are contingent upon the outcome of the Planning Conunission meeting, and also need of a public hearing before the City Council. * Dii�ferent date due to a holiday. ** Uate subject to change. Application Deadline: August 5, 2005 Ten Day Completion Notification: August 15, 2005 Publication Deadline: August 16, 2005 Planning Commission Meeting: September 7, 2005 City Council Meeting: September 26, 2005 60 Day Agency Action: October 3, 2005 Application Deadline: August 19, 2005 , Ten Day Completion Notification: August 29, 2005 Publication Deadline: August 30, 2005 Planning Commission Meeting: September 21, 2005 City Council Meeting: October 3, 2005 60 Day Agency Action: October 17, 2005 Application Deadline: September 2, 2005 Ten Day Completion Notification: September 12, 2005 Publication Deadline: September 13, 2005 Planning Commission Meeting: October 5, 2005 City Council Meeting: October 24, 2005 60 Day Agency Action: October 31, 2005 Application Deadline: September 16, 2005 Ten Day Completion I�Totification: September ?6, 200� Publication Deadline: September 27, 2005 Planning Commission Meeting: October 19, 2005 City Council Meeting: November 7, 2005 60 Day Agency Action: November 14, 2005 Application Deadline: September 30, 2005 Ten Day Completion Notification: October 10, 2005 * Publication Deadline: October 11, 2005 Planning Commission Meeting: November 2, 2005 City Council Meeting: November 21, 2005 60 Day Agency Action: November 28, 2005 12 - Page 5- City of Fridley - 2005 Planning Commission Schedule - City Council meetin� dates are contingcnt upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. * Different daie duc to a holiday. ** Date subject to change. �pplication Deadline: October 14, 2005 Ten Day Completion Notification: October 24, 2005 Publication Deadline: October 25, 2005 Planning Commission Meeting: November 16, 2005 City Council Meeting: December 5, 2005 60 Day Agency Action: December 12, 2005 Application Deadline: November 4, 2005 �' Ten Day Completion Notification: November 14, 2005 Publication Deadline: November 15, 2005 Planning Commission Meeting: December 7, 2005 City Council Meeting: Jan. 2 or Jan. 9, 2006 ** 60 Day Agency Action: January 2, 2006 60 Day Agency Action Extension: March 2, 2006 Application Deadline: November 18, 2005 Ten Day Completion Notification: November 28, 2005 Publication Deadline: November 29, 2005 Planning Commission Meeting: December 21, 2005 City Council Meeting: Jan 2, or Jan 9, 2006 ** 60 Day Agency Action: January 16, 2006 13 CITY" OF FRIDLEY APPEALS 2005 llEVELOPMENT REVIEW SCHEDULE FOR APPEALS COMMISSION AND CITY COUNCIL ACTION The Appeals Commission has final action on residential requests, unless there are objections fronl surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. * Different date due to holiday. ** Date subject to change. All cominercial or industrial requests will always continue to the City `Council. Application Deadline: December 10, 2004 Ten Day Completion Notification: December 20, 2004 Appeals Commission Meeting: January 12, 2005 City Council Meeting: January 24, 2005 60 Day Agency Action: February 7, 2005 Application Deadline: December 23, 2004 * Ten Day Completion Notification: December 30, 2004 * Appeals Commission Meeting: January 26, 2005 City Council Meeting: February 14, 2005 60 Day Agency Action: February 20, 2005 Application Deadline: January 7, 2005 Ten Day Completion Notification: January 14, 2005 * Appeals Commission Meeting: February 9, 2005 City Council Meeting: February 28, 2005 60 Day Agency Action: March 7, 2005 Application Deadline: January 21, 2005 Ten Day Completion Notification: January 31, 2005 Appeals Commission Meeting: February 23, 2005 City Council Meeting: March 14, 2005 60 Day Agency Action: March 21, 2005 Application Deadline: February 4, 2005 Ten Day Completion Notification: February 14, 2005 Appeals Commission Meeting: March 9, 2005 City Council Meeting: March 28, 2005 60 Day Agency Action: April 4, 200� 14 - Page �— City of Fridley — 2005 Appeals Con�mission Schedule - The Appcals Commissiun has final action on residential requcsts, unless there are objections from surrounding neighbors or the ��ctitioncr docs nut agree �vith thc Commission's decision. [f any of these events occur, t he reques t wi l l con ti n u e t o t h e C i ty C o u n c i l, with only a rccammendation from the Appeals Commission. * Different date due to holiday. ** Date subject to change. :�11 commerciai or industrial requests will always continue to the City Council. Application Deadline: February 18, 2005 Ten Day Completion Notification: February 28, 2005 Appeals Cornmission Meeting: March 23, 2005 City Council Meeting: April 11, 2005 60 Day Agency Action: ,�pril 18, 2005 � Application Deadline: March 11, 2005 Ten Day Completion Notification: March 21, 2005 Appeals Commission Meeting: April 13, 2005 City Council Meeting: Apri125, 2005 � 60 Day Agency Action: May 9, 2005 Application Deadline: March 25, 2005 Ten Day Completion Notification: April 4, 2005 Appeals Commission Meeting: April 27, 2005 City Council Meeting: May 9, 2005 60 Day Agency Action: May 23, Z005 Application Deadline: April 8, 2005 Ten Day Completion Notification: April 18, 2005 Appeals Commission Meeting: May 1 l, 2005 City Council Meeting: May 23, 2005 60 Day Agency Action: June 6, 2005 Application Deadline: April 22, 2005 Ten Day Completion Notification: May 2, 2005 Appeals Commission Meeting: May 25, 2005 City Council Meeting: June 13, 2005 60 Day Agency Action: June 20, 2005 Application Deadline: May 6, 2005 Ten Day Completion Notification: May 16, 2005 Appeals Commission Meeting: June 8, 2005 City Council Meeting: June 27, 2005 60 Day Agency Action: July 4, 2005 15 - Page 3-- City of Fridley - 200� Appeals Comrnission Schedule - rhe ;\{�peals Commissivn has tinal actiun on residential requests, unless there are objections from surrounding neighbors or the ��etitic�ner does not agrce with th� Commission's decisioi�. If any of these �vents occur, the request will continue to the City Council, with only a rccommcndation from the Appcals Commission. * Different date due to holiday. ** Date subject to change. .�111 commcrcial or industrial requests will always continue to the City Council. Application Deadline: May 20, 2005 Ten Day Completion Notification: May 27, 2005 * Appeals Commission Meeting: June 22, 2005 City Council Meeting: July 11, 2005 60 Day Agency Action: �3uly 18, 2005 Application Deadline: June 10, 2005 Ten Day Completion Notification: June 20, 2005 Appeals Commission Meeting: July 13, 2005 City Council Meeting: July 25, 2005 60 Day Agency Action: August 8, 2005 Application Deadline: June 24, 2005 Ten Day Completion Notification: July l, 2005 * Appeals Commission Meeting: July 27, 2005 City Council Meeting: August 8, 2005 60 Day Agency Action: August 22, 2005 Application Deadline: July 8, 2005 Ten Day Completion Notification: July 18, 2005 Appeals Coinmission Meeting: August 10, 2005 City Council Meeting: August 22, 2005 60 Day Agency Action: September 5, 2005 Application Deadline: July 22, 2005 Ten Day Completion Notification: August 1, 2005 Appeals Commission Meeting: August 24, 2005 City Council Meeting: September 12, 2005 60 Day Agency Action: September 19, 2005 - Application Deadline: August 12, 2005 Ten Day Completion Notification: August 22, 2005 Appeals Commission Meeting: September 14, 2005 City Council Meeting: September 26, 2005 60 Day Agency Action: October 10, 2005 16 - 1'age -� — City of Fridley - 200� Appeals Commission Schedule - 1'he Appeals Cornmissiun has final action on residential requests, unless there are objections from surrounding neighbors or the pctitioner does not agree with the Conunission's decision. [f any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. * Different date due to holiday. ** Date subject to change. All cvmmcrcial or industrial requests ��ill always continue to d�e City Council. Application Deadline: August 26, 2005 Ten Day Completion Notification: September 2, 2005 * Appeals Commission Meeting: September 28, 2005 City Council Meeting: October 24, 2005 60 Day Agency Action: October 24, 2005 Application Deadline: September 9, 2005 Ten Day Completion Notification: September 19, 2005 Appeals Commission Meeting: October 12, 2005 City Council Meeting: October 24, 2005 60 Day Agency Action: November 7, 2005 Application Deadline: September 23, 2005 Ten Day Completion Notification: October 3, 2005 Appeals Commission Meeting: October 26, 2005 City Council Meeting: November 7, 2005 60 Day Agency Action: November 21, 2005 Application Deadline: October 7, 2005 Ten Day Completion Notification: October 17, 2005 Appeals Commission Meeting: November 9, 2005 City Council Meeting: November 21, 2005 60 Day Agency Action: December 5, 2005 No meeting on November 23rd due to the Thanksgiving holiday! Application Deadline: November 14, 200� * Ten Day Completion Notification: November 23, 2005 * Appeals Commission Meeting: December 14, 2005 City Council Meeting: Jan. 2 or Jan. 9, 2006 ** 60 Day Agency Action: January 12, 2006 No meeting on December 28th due to the Christmas holiday! 17 / � GTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 6, 2004 William W. Burns, City Manager k" � Jon ti. tiaukaas, Public Works Director I�ovember 16, 2004 Tti 65 Causeway Project PW04-080 The design of the TIi 65 Causeway project is at 90+�o complete. We cannot get this project to the 100% stage until funding is available and we know it is going to be built SEIi has done a lot of work over the last year or so trying to get MnDOT approval. This has led to many design reviews and revisions at MnDOT"s request which has exceeded our expectations of what it would take to finalize the project. At this time we would like to close out the project until there is an opportunity to get construction funding for it. SEI1 will organize all design data, information, plans and specifications to a point where it can be picked up and easily continued at some point in the future. SEii is requesting a Contract Amendment at a cost not-to-exceed �44,647 for work to date, including close out. We believe this is a legitimate request in light of their work for us on this project. These fees are reimbursable frorn our Municipal State Aid construction account without affecting the money available for our regular neighborhood street reconstruction program. Recommend the City Council approve the attached Contract Amendment with SEti to close out the Tti 65 Causeway project. Jtiti:cz Attachment : � �� SEH February 21, 2003 Jon Haukaas, P.E. Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432-4303 Dear Mr, Haukaas: RE: City of Fridley TH 65 at Moore Lake SEH No. AFRIDL0004.00 This letter describes the engineering services required to complete the TH 65 at Moore Lake Project. If acceptable, this letter would serve as an amendment to our original Engineering Services Agreement dated August 14, 2000. As you know, without funding the project has become very difficult to complete. Originally, the entire concept of the project was to complete a final set of plans that would be on the "shelf' ready to go when funding became available. The funding atmosphere and support for the project since the year 2000 has changed significantly. In 2000, roadways with bottlenecks were receiving a great deal of attention, and the proposed project at Moore Lake to add additional auxiliary lanes, appeared to have support. In the funding climate of 2004, much has changed; the le�slature has not managed to appropriate bridge and roadway funds for projects that are designed and in their program. SEH and City staff has endeavored to keep this project on track for review and approval, but have run into signiiicant delays and lack of support by Mn/DOT because of their stretched resources in funding and personnel. The design for the proposed widening of Moore Lake, using sheet pile walls, is significantly less expensive than a bridge option, however, the design is much more complex and interrelated to all design elements. Because of the design complexities, we have experienced coordination and review issues with Mn/DOT, especially as their staff changes and we introduce the project to new reviewers. Attached is an invoice that includes work that dates back to September of last year. At that time, many issues had been resolved, the preliminary layout was approved and we were trying to complete the plan. Based on Mn/DOT's recommendation, we submitted the plan for review in August of 2003. At that time, we felt confident that we were 90°10 complete and started to put the finishing touches on the plans. We had been holding off on a request for a contract amendment so we could scope final completion of the plans. We knew at that time that our contract would require an amendment due to the amount of changes Mn/DOT was requesting, the delay in time and Short Elliott Hendrickson Inc., 3535 Vad ai Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunicy employer � www.sehinc.co� � 651.490.2000 � 800.325.2055 � 65 �.490.2150 fax 1on Haukaas, P.E. November 2, ?004 Page 2 complexity of the review. Endeavoring to keep the project moving, some of the non-controversial revisions were completed based on comments received from Mn/DOT in November of 2003. This includes signal design, and some structural plan revisions. Comments received by Mn/DOT proposed significant changes to traffic control and staging, suggesting a complete closure of TH 65 during the construction. These changes would require a significant investment for revisions by the City. It became evident, based on a meeting with Mn/DOT, that the recommendation to construct under traffic, or close the road during construction could be subject to change. Other major design issues, such as the drainage and shoulder design could change in the future as well. At the last meeting with Mn/DOT it became very apparent that continuing to complete the plan without funding was not in the best interests of the City. Given the di�culty we have had achieving agreement with Mn/DOT regarding review and approval of the project without funding, it was decided to put the project on hold until fund.ing is secured and the project is o�cially put in their program. SEH is currently combining electronic design files and other design information so the project can be stored until that time. We believe the final plans are effectively 90% to 99°Io complete. The attached invoice includes work that was completed on behalf of the City in an effort to complete the plans as desired. The following summary describes the work prior to Mn/DOT's November review letter, time spent revising non-controversial plan elements such as the signal plan and structural plan and time spent reviewing, responding and meeting with Mn/DOT in an effort to complete the project. In addition, the City requested SEH to prepare and submit a funding request from Mn/UOT's Municipal Agreement Program in October/November of 2003. Work Prior to Mn/DOT November Review Letter Plan Preparation $ 9,911 Project Memorandum $ 875 Revision to Plan Elements, based on comments Structural (99% complete) $ 5,519 Signal Design (99% complete) $ 8,328 Cooperative Agreement Submittal $ 9,817 Mn/DOT Review and Coordination $10,197 Total $44,647 SEH respectively requests a contract amendment not to exceed $44,647. Compensation would be based on the hourly cost of personnel plus reimbursable expenses within the terms of our original contract. If this request is satisfactory, please sign below and return one copy for our records. Please contact me if you have any questions, or need more information. 2� Jon Haukaas, P.E. November ?, 200-� Page 3 Respectively Submitted, Short Elliott Hendrickson Inc. _ � us M. Mason � oject Manager Accepted this day of, 2004 City of Fridley : 21 ! AGENDA ITEM � COUNCIL MEETING OF DECEMBER 6, 2004 CRY OF FRIDLEY CI.AIMS 119399 -119534 22 / � CfTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 6, 2004 Tvpe of License � LICENSES CHRISTMAS TREE SALES Home Depot Thomas Foster 5650 Main St. NE Fridley, MN 55432 23 Apprdved By: Comm. Dev. Director Fire Inspector Public Safety Director v ,��:: �"� i , City of Fridley AGENDAITEM City Council Meeting Of Monday, December 06, 2004 � General Contractor-Residential GILMORE CONSTRUCTION INC 1750 242ND AVE NW CHRISTOPHER GILMORE ST FRANCIS MN 55070- HOME VALU 5401 EAST RIVER ROAD DEAN CICCONE FRIDLEY MN 55421- JOSEPHFRANZEN CONSTRUCTION 7700 TYLER STREET JOSEPH FRANZEN SPRING LAKE PARK MN 55432- MIC-GJ 1369 LAKESIDE DRIVE GREG JOHNSON EAGAN MN 55123- Heatin CHANGING CLIMATES INC. PO BOX 491056 JAY HOLDEN BLAINE MN 55449- DEANS HEATING AND AIR CONDITIONING INC. 2597 309TH AVE NW CYNTHIA SIKKINK CAMBRfDGE MN 55008- NORTHERN HEATING &AIR CONDITIONING INC. 9431 ALPINE DRIVE NW LORI NAFFZIGER RAMSEY MN 55303- 24 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � Plasterinq AFFORDABLE STUCCO AND SIDING CO 358 MAPLE ST NE MIKE FRANK SPRING LAKE PARK MN 55432- Plumbing COPPIN SAW ' S089 SHORELINE DRIVE MOUND MN 55365- DEN-MARK PLUMBING 8445 QUAIL HiLL RD MAPLE GROVE MN 55311- HOME VALU 5401 EAST RIVER ROAD FRIDLEY MN 55421- WOODBURY MECHANICAL INC 1988 STANICH CT MAPLEWOOD MN 55109- Roafinq HORIZON ROOFING INC 1922 CO RD 137 WAITE PARK MN 56387- LANCE COPPIN DENNIS BOEDDEKER DEAN CICCONE TIM ELDRIDGE Kurt Scepaniak 25 Approved Bv: Ron Juikowski Building Official . Ron Julkowski Buildi�g Official Ron Julkowski Building Official Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Official r � CITY dF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 6, 2004 Magnum Company, LLC 7309 Lake Drive Lino Lakes, MN 55014 ESTIMATES Woodside Court Improvement Project No. ST. 2004-2 EstimateNo. 3 ................................................................ � n ................ $2,358.04 � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 6, 2004 %1�� TO: WILLIAM W. BURNS, CITY MANAGER � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR � SUBJECT: PUBLIC HEARING FOR THE 2005 BUDGET DATE: NOVEMBER 30, 2004 The attached 2005 Notice of Proposed Total Budget and Property Taxes was published in the Fridley Foczrs on December 2, 2004. This information was published in accordance with the "Truth in Taxation" requirements and also in hopes of providing property owners with information regarding the City of Fridley's budget for 2005. The public is invited and allowed to speak and ask questions concerning the budget and proposed property taxes. /rsc Attachment 27 Notice of Rroposed Total Budget and Property Taxes The Fridley City Council wiil hold a public hearing on its budget and an ihe amuunt oi property taxes R is proposing to collect to pay for the casts of services the City wilt pravide in 2005. SPENOING: The total budget amaunts bebw compare the City's 2009 total acival budget wifh the amaunt the Ciry prapases to spend in 2005. 2004Total Proposed 20Q5 Change (rom Actual Budaet Bu et 2004 — 2005 $13,295,784 $16,442,816 ' 23.7°k TAXES: The properiy tax amounts below compare U�at portion oi the current budget le�ried in properiy taxes in 1he City of Fridtey for 2004 with the ptopefty taxes the Ciry proposes to caltect in 2005. 2004 Property Proposed 200� Change Irom Taxes Prop�rty_Taxes 2004 — 2005 $6,483,745 $8;067,949 24.4% LOCALTAX AATE COMPARI50N: The tollawing compares ti�e Cfi�s current local tax rate, the City's tax rate for 2005 'rf no tax levy increase is adcpted, and tl�e Cit}%s propased tax rate ior 2005. 2004 2D05 Taz Rate i( 2005 Proposed Tax Rate NO l.ew Increase Tax Rate 30.24$°'0 27.353% 33.700% At�end the P�bfic Hearing Alt Fridley City residents are inv+ied to attend the public hearing of the City Cauncil to express their apinions on the budget and on ihe prapased amoun! of 20U5 property taxes. The h�aring wili be held on: Monday, Oecembet 6, at 7:30 p.m. F�idley City Halt 6431 University Ave NE Fridley, MiV If the discussion of Ihe budget cannot be compieted, a time and p�ace (or continuing the discussion wil( be announced at 1he hearing. You are also invited to send your wrifien comments to: Ciry of Fri�ley, City Manager 6d31 University Ave NE, Fridley, MN 55432 � � � AGENDA ITEM cmoF CITY COUNCIL MEETING OF DECEMBER 6, 2004 FRIDLEY INFORMAL STATUS REPORTS m