03/28/2005 - 4570OFFICIAL CITY COUNCIL AGENDA
CITY COUNCIL MEETING
MARCH 28, 2005
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� CITY COUNCIL MEETING OF MARCH 28, 2005
CRY 4F
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 staius,
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.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Administrative Hearing of March 14, 2005
City Council Meeting of March 14, 2005
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Second Reading of an Ordinance Changing the
Street Name of Rainer Pass to Rainier Pass ..................................................... 1- 2
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NEW BUSINESS:
2. Resolution Restricting Parking and Authorizing the
Posting of "No Parking" Signs on 73�d Avenue
(MSAS 307) Between Able Street and Central
Avenue (CSAH 35) -
............................................................................................ 3
FRIDLEY CITY COUNCIL MEETING OF MARCH 28 2005 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Receive Bids and Award Contract for the 73�a
Avenue Improvement Project No. ST. 2005-2 ................................................... 5- 6
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4. Receive Bids and Award Contract for the 2005
Miscellaneous Concrete Repair Project No. 359 ............................................... 7- 8
5. Approve Lease Agreement Befinreen the City of
Fridley and T-Mobile for the Installation of Cellular
Antennas on the Commons Park Water Tower .................................................. 9
6. Approve Contract Amendment Between the City of
Fridley and Xcel Energy for the Collection of
Fluorescent/HID Lamps ..................................................................................... 10 - 11
7. Approve 2005 Reappointments to City
Commissions..................................................................................................... 12
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8. Appointment — City Employee ............................................................................ 13
9. Claims ....................................................................................................... 14
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FRIDLEY CITY COUNCIL MEETING OF
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED)•
10. Licenses ....................................................................................................... 15 - 16
11. Estimates ....................................................................................................... 17
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS)• Consideration of Items not on Agenda — 15 Minutes
NEW BUSINESS:
12. Resolution Supporting an Anoka County Tax
Abatement Requested by Glimcher Northtown
Venture....................................................................................................... 18 - 19
, 13. Preliminary Plat Request, PS #05-01, by
Roslyn Park Wesleyan Church, to Subdivide
� the Property to Allow the Creation of Two
Single Family Lots and a Separate Lot for the
Church Property, Generally Located at 5300
SixthStreet N.E. (Ward 1) ................................................................................. 20 - 26
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NEW BUSINESS (CONTINUED):
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14. Variance Request, VAR #05-04, by Roslyn Park
Wesleyan Church, to Reduce the Rear Yard
Setback from 25 Feet to 9.81 Feet in Order to
Recognize an Existing Non-Conformity of the
Church Building, Generally Located at 5300 Sixth 27 - 32 ,Y
Street N.E. (Ward 1) ........................................
15. Special Use Permit Request, SP #05-01, by
Roslyn Park Wesleyan Church, to Allow the
Continuation of a Church Use in an R-3,
General Multiple Units Zoning District,
Generally Located at 5300 Sixth Street N.E.
33 - 39
(Ward 1) .......................................................................................................
16. Informal Status Report ................................................
....................................... 40
ADJOURN.
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MINUTES OF THE
ADMINISTRATIVE HEARING
OF MARCH 14, 2005
ADMINISTRATIVE HEARING
CITY COUNCIL
CITY OF FRIDLEY
MARCH 14, 2005
An Administrative Hearing held by the Fridley City Council as called to order by Mayor
,- Lund at 7:00 p.m.
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Bolkcom
MEMBERS ABSENT: Councilmember Wolfe
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Rebecca Brazys, Recording Secretary
Karin Tyra, Petitioner
ADMINISTRATIVE HEARING
Abatement Appeal of Karin Tyra, 1501 Mississippi Street NE (Ward 2).
Ms. Tyra presented a letter requesting an extension to June 15 to complete the fence
replacement and removal of the wall on the west side of her property. She explained
that there are cables and stakes in the ground about four feet which would make it
extremely difficult to remove the wall and fence until after the thaw. She also requested
that the fencing section along the side of her home be allowed to stay where it is
because the 12 foot setback would bring the fence so close to her house.
Mr. Haukaas, Public Works Director, stated to allow that section of fence to remain on
the right-of-way would be contrary to anything the City has ever done.
Councilmember Billings stated he is not sure the Council has the authority to give Ms.
Tyra the authority to leave her fence on the right-of-way.
� Mr. Knaak, City Attorney, stated Council could do so by grant of a waiver or license, but
the City would be assuming a significant liability. If the fence remains in the right-of-way
and there were any injuries related to the fencing, the City would have accepted
responsibility.
Ms. Tyra questioned other locations near her home where fences appeared to be on the
right-of-way.
ADMINISTRATIVE HEARING OF MARCH 14, 2005 PAGE 2
Mr. Haukaas commented the City has not given permission for retaining walls or fences
in the right-of-way. There are some retaining walls in the right-of-way, but those are
City-owned.
Ms. Tyra stated the main point is Council's approval of her request for an extension to
June 15, 2005.
MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to receive '
Ms. Tyra's letter entitled "Proposal" into the record.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Councilmember Bolkcom stated she has no problem waiting until June 15. She does
not support having any portion of the fence remain on the right-of-way.
Commissioner Billings asked Ms. Tyra is she had any further comments or information
to share with Council.
Ms. Tyra responded that she did not.
MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, that all
structural items be removed and a suitable slope and groundcover be established by
the homeowner by June 15, 2005. If the work is not completed by that date, abatement
of the nuisance is authorized in accordance with Chapter 128 of the Fridley City Code.
Councilmember Bolkcom asked if this hearing has to be formally closed.
Mr. Knaak said Council would need to close the hearing.
MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to close
the administrative hearing on this matter.
Councilmember Bolkcom asked Ms. Tyra if she fully understood Council's action.
Ms. Tyra responded affirmatively.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
RespectFully submitted by,
Rebecca Brazys
Recording Secretary
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MINUTES OF THE
FRIDLEY CITY COUNCIL MEETING
OF MARCH 14, 2005
CITY COUNCIL MEETING
CITY OF FRIDLEY
MARCH 14, 2005
The City Council meeting for the City of Fridley was called to order by Mayor Lund at
,- 7:30 p.m.
� PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Bolkcom
MEMBERS ABSENT: Councilmember Wolfe
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Rebecca Brazys, Recording Secretary
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 28, 2005.
APPROVED
NEW BUSINESS:
' 1. Receive the Minutes from the Planning Commission Meeting of March 2,
2005.
RECEIVED.
2. First Reading of an Ordinance Changing the Street Name of Rainer Pass to
Rainier Pass.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14. 2005 PAGE 2
Dr. Burns, City Manager, expiained that Dr. Ed Anderson, 5164 Rainer Pass, has
written asking the City to correct the spelling of Rainer Pass to Rainier Pass. The City
of Columbia Heights recently changed the name of their portion of this street. Staff
recommends CounciPs approval.
APPROVED
3. Resolution Receiving Final Plans and Specifications and Ordering
Advertisement for Bids: Neighborhood Street Improvement Project No.
2005-1.
Dr. Burns, City Manager, stated this year's project is scheduled four Ward 3
neighborhoods and will cover 3.5 miles of streets. The estimated cost of the project is
$2.2 million. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-14.
4. Resolution in Support of an Application for a Minnesota Lawful Gambling
License for Fridley Totino Grace High School (Sharx Night Club) (Ward 3).
Dr. Burns, City Manager, explained that this resolution is in support of an application for
a Minnesota lawful gambling license that will allow Totino Grace High School to
continue to sell pull tabs at Shanc Night Club. This is a two-year renewal that will run
befinreen April 1, 2005, and March 31, 2007. Staff recommends Council's approval
ADOPTED RESOLUTION NO. 2005-15
5. Commission Appointment.
Dr. Burns, City Manager, stated staff is recommending the appointment of Del Jenkins
to the Environmental Quality and Energy Commission. The appointment is to a vacant
term that expires April 1, 2007.
APPROVED.
6. Claims (120689 — 120896).
APPROVED.
7. Licenses.
APPROVED AS SUBMITTED AND AS ON FILE.
MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adopt
the proposed consent agenda.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2005 PAGE 3
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to adopt
� the proposed agenda.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes.
There were no comments presented.
OLD BUSINESS:
8. Resolution of the City of Fridley, Minnesota, Denying Renewal of Time
Warner, Inc.'s Cable Television Franchise (Tabled February 28, 2005).
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to
remove this matter from the table for discussion.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mr. Knaak, City Attorney, stated this matter was tabled because Time Warner requested
an opportunity to present their proposal directly to Council. That motion was subject to
certain rules because we are in the middle of a formal renewal process. Based on that,
Dr. Burns submitted a letter to Time Warner that indicated what the presentation would
be limited to. Time Warner is basically summarizing its proposal to Council.
Councilmember Bolkcom stated this presentation is not intended to be a time to
negotiate, modify or amend the Time Warner proposal.
Mr. Knaak agreed. He said Time Warner has requested an opportunity to present the
proposal already submitted to Council.
Ms. Kim Roden, Vice President of Public Affairs for Time Warner, invited the division
president to give an overview of the Tirne Warner proposal.
Mr. Mike Munley, President of the Minnesota Division for Time Warner Cable, assured
Council that Time Warner values its relationship with Fridley and looks forward to
continuing it for many years. The system Time Warner is proposing is a modern, high
quality co-ax system with a minimum capacity of 860 megahertz. The cable system is
fully two-way activated to support interactive services and is designed for optimum
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2005 PAGE 4
reliability and flexibility. With over 300 channels of programming, it will provide one of
the largest and diversified lineups available in the country. Digital cable was launched
in 2000 giving Fridley residents more choice, convenience and control including an
interactive cable guide. Digital cable gives parents the ability to block channels by
rating, programming or channel. Originally, digital cable included 13 channels. It has
since been expanded to 42 channels. With the launch of digital cable, Time Warner has
extended their pay-per-view offerings to 48 channels, offered multiple screens of
premium channels, and added 40 digital music channels. In 2002, they introduced I
control which allows customers to order programming at the touch of a button on their
remote control. It allows them to start a movie or program immediately, stop, pause,
rewind or fast forward. I control movies on demand was followed by On Command
services for premiums such as HBO, Cinemax, Showtime and the Movie Channel. In
2002, Time Warner became the first Minnesota cable system to offer digital recorders.
In 2003, they launched high definition N and currently have 17 high definition channels
which is more than any operator in the state.
Mr. Munley further explained that Time Warner is proposing a 10-year franchise renewal
term with a 5-year extension based on meeting certain incentives. They are seeking a
non-exclusive franchise to serve the entire City of Fridley. They will provide an
emergency link system that complies with FCC rules and regulations. One of the key
parts of their proposal is the reduction in rates. They conducted a survey in October of
last year and the number one concern of Time Warner customers in Fridley was for a
lower price. The proposal before the Council this evening addresses this desire and all
Fridley customers will see a reduction of approximately $1.00 per month if Council
approves the proposal. This is a about a 1% decrease in rate for basic customers and
2.25% decrease for standard customers. They will dedicate a total of three channels for
public, educational and government access in Fridley. Additional channels will be made
available in accordance with state law. If there's a need for more channels, they will
make more available. Time Warner Cable will provide a return path and playback
system for the public access channel from City Hall. They will maintain return paths
from Fridley High School and City Hall to accommodate programs that originate from
those sites.
Mr. Munley stated that Time Warner will also make a one-time grant for public access in
the amount of $390,000 for capital needs. The City may spend this money as it deems
best provided it is used for capital support for public access. They are also prepared to
offer their expertise and purchasing power to the City in the spending of the grant funds.
Time Warner further proposes to maintain the institutional nefinrork; any cost to repair
and any maintenance issues. They are also offering to make their Roadrunner
business class available to the City at a 20% discount. Upon request from the City, they
have offered to build an I-net at the City's cost; defined as Time Warner's time and
materials and the permitted FCC return.
Mr. Munley stated Time Warner will provide one service drop to each public school, City
government building and new sites within 125 feet of their system. Each of these
locations will receive standard cable service for free. Those sites that currently receive
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FRIDLEY CITY COUNCIL MEETING OF MARCH 14. 2005 PAGE 5
free service will continue to receive free service under the new proposal. As far as
payments to the City, Time Warner will pay a franchise fee to the City in the amount of
5% gross revenues received from cable services to the City. In 2004, this totals
approximately $174,000. With respect to financial investments, Time Warner has
demonstrated over the past franchise term a commitment to continue investment in the
cable N system in Fridley, with such services as digital television, video on demand,
digital video recorders, cable modem service, high definition TV and digital phone
service recently launched. None of these were requirements of the franchise but they
made good business sense for Time Warner. Time Warner and their customers have
contributed nearly $900,000 to the City of Fridley since 1999 in the form of franchise
fees. Time Warner has been providing drops and free cable service to Fridley public
schools since the early 1980s. They currently have five schools receiving free cable
service in Fridley. They provide over 500 hours of copyright cleared, commercial-free
educational programming each month at no cost.
In summary, Mr. Munley explained that Time Warner is proposing a 10-year term with a
5-year extension based on meeting certain incentives. The incentives are basically if
Time Warner's system is deemed state-of-the-art, there would be a 5-year extension on
the original 10-year term. All Fridley customers upon approval will receive a$1.00
reduction in their monthly cable bill. Time Warner Cable will make a$390,000 grant to
support the capital needs to the customers in Fridley, and they will continue to pay their
5% franchise fee. They believe their proposal reasonably meets the needs and
interests of the City taking into account the costs and their customers' willingness to
fund the various items contained the in the City's request for renewal proposal.
Mayor Lund clarified that this is not a time to negotiate any changes or have a debate
on this matter but was simply an opportunity for Time Warner to present their proposal
to the Council.
Councilmember Bolkcom asked if there had been any negotiations with Time Warner
since they requested the formal process in November.
Mr. Knaak responded that the answer would be no.
Councilmember Bolkcom asked if the formal process stops the City and Time Warner
from further negotiations.
Mr. Knaak responded it does not.
Mayor Lund asked Mr. Munley if there is anything new forthcoming from Time Warner
and what they were asking from Council at this meeting.
Mr. Munley stated he is present for two reasons; to talk about Time Warner's proposal
and to discuss the next step. Time Warner has over 3,200 franchises across the
country and to his knowledge they have only gotten to this part of the process about a
dozen times. If Council votes against their proposal this evening, they will enter into
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2005 PAGE 6
what will be a very time consuming and expensive process for both Time Warner and
the City Council. They are suggesting that there be some formal negotiations. Time
Warner does not believe there have been actual negotiations with the City of Fridley for
a couple of years. He suggested that the Mayor appoint a Council person to negotiate
with Time Warner. He said he would be personally involved to see if this can be worked
out. He suggested the timeframe be extended for 30 days and that Council not take
action to deny Time Warner's proposal tonight. If the Council takes that action, it starts .,
a quasi-judicial process which is expensive and time consuming.
Councilmember Barnette questioned why this request was not presented earlier in the
process.
Mr. Munley claimed Time Warner has been trying to have discussions with Council.
Ms. Roden stated she repeatedly requested an opportunity to have a dialogue with the
Council but has been told by City staff that there was a negotiating committee and that
Time Warner was not to come before Council. She tried to be respectFul of staff's
wishes with the exception of the one Council work session she chose to attend when
this item was on the agenda. She thought that her presence at that work session would
give her a chance to explain Time Warner's proposal to Council. Beyond her
statements tonight, Ms. Roden indicated there is a paper file that will support her claims.
Letters were sent as early as August requesting that the City not force this process.
Time Warner finally asked for the formal process in November because they did not feel
they were making any progress with the City's negotiating team. She added that she
has believed for a long time that if policy makers were added to the City's negotiating
team some progress might have been made. She stated the City has an option to add
30 days, and she thought it would be useful to try and get this done through the informal
process. If after that period of time, no progress has been made, the formal process
can proceed.
Councilmember Barnette asked Mr. Knaak if there was a request from Time Warner to
include Council members in the negotiation process.
Mr. Knaak stated he is not aware of any such request.
Dr. Burns stated he is not aware of such a request.
Ms. Roden said she spoke with Dr. Burns on many occasions and asked to attend the
Council meetings but Dr. Burns made it very clear that he would perceive that as being
not respectful to him.
Councilmember Barnette asked if Time Warner had voiced this request after November.
Ms. Roden explained that when they requested the formal process in November they
brought a substantial amount of written material for the City to review. Time Warner
knew it would take the City a fair amount of time to review all this material and assumed
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2005 PAGE 7
the City would contact Time Warner when they were done. They received no such
contact. When she saw the matter starting to show up on Council's agenda she felt it
would be important to attend. They were never invited by staff to attend.
Mayor Lund asked the City Attorney what the negatives would be with continuing this
matter for 30 days and/or changing the membership of the City's negotiating team.
x
Mr. Knaak responded that one of the advantages/disadvantages of negotiating with a
_ public entity such as this one is trying to define who is going to be the negotiating team
on the other side. That is something that the City did as a matter of policy some time
ago. In negotiations, if one party is able to persuade the other side that the problem
with the negotiations is the negotiators and the negotiators are changed, a significant
concession has been made. As far as the 30-day time extension, the formal process in
the federal statute does not allow a lot of leeway at this point. Time Warner has made
its proposal and the Council can either "green light or red light" that proposat; they
cannot state likes and dislikes or request changes. It is either yes or no and until
Council does that, they are kind of in limbo procedurally under the statute. There was
plenty of time prior to this for negotiations to occur. After discussing this with the City's
consultant, Mr. Grogen, it is his understanding that typically there is a substantial
amount of time for the parties to negotiate after this action is taken. Council has a
decision to make under the process, and that is to accept or deny Time Wamer's
proposal. If Council accepts the proposal, there is no reason for further negotiations. If
Council does not accept the proposal or there are issues the Council does not like about
the proposal, what Council should do is reject the proposal. If Council were to decide
tonight not to accept Time Warner's proposal preliminarily, it would seem that there
might be an opportunity for the parties to sit down before significant expenditures are
made.
Mr. Munley stated that Time Warner believes there is a third option and that is to
suspend the clock. If Council takes a vote on the resolution to deny, they are forcing
Time Warner to protect their shareholders, protect their assets, and prepare for the
quasi judicial position.
Councilmember Bolkcom questioned why Time Warner is "drawing a line in the sand"
over this issue. She senses a threat from Time Warner that either Council extend this
matter and put one of the Council members on the negotiating team or Time Warner will
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stop negotiating and take this matter through the formal process.
Mr. Munley stated if Council wants to negotiate, they should stop the process now, not
- go to the formal process. He did not want to mislead Council that if they vote to deny
the proposal tonight, negotiations cannot continue. If the City really wants to negotiate,
he suggested they stop the clock and try to negotiate.
Councilmember Bolkcom pointed out that Time Warner started the clock back in
November when they requested the formal process.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2005 PAGE 8
Mr. Munley stated Time Warner requested the formal process to force the issue
because for three years they got nowhere with the City.
Councilmember. Billings questioned the time period in which the City must hold an
administrative hearing if and when they deny Time Warner's proposal. He stated it is
his understanding that the hearing simply must be held within a reasonable period of
time.
x
Mr. Munley stated he has not gone through the process himself, but he believes that
there is a reasonable amount of time.
Councilmember Billings stated that as he understands it the 120-day period that began
November 30 is spelled out in federal law. The 30-day extension proposed by Time
Warner makes him a little uneasy because federal law specifically states 120 days. He
explained that he feels much more comfortable with mutually agreeing that in the first 30
to 45 days after Council takes action that neither the City nor Time Warner will take any
action towards the formal hearing. Thus, the reasonable period of time would begin
after that 30 to 45 day period.
Mr. Munley stated that he understands what Councilmember Billings is saying, but this
has been used many times in different instances across the country. If Council votes to
deny their proposal, Time Warner would feel obligated to go down both paths by
protecting themselves on the formal proposal and still having informal discussions.
They would have to protect their shareholders and assets.
Councilmember Billings stated it also makes him uncomfortable that Time Warner is
asking the City to restructure its negotiating team and suggesting who the City should
put on their team. Time Warner is not asking the City if they would like to decide who is
on Time Warner's negotiating team. He does understand Time Warner's desire to be
negotiating with the policy makers for the City.
Mr. Munley explained that Time Warner is basically saying let's expand both sides and
see if we can work something out.
Councilmember Billings stated he would like to see this logjam broken.
Mayor �und said that after three years, it seems unreasonable for Time Warner to
request a 30-day extension. He wants to save the City and the taxpayers money �
rather than fighting with Time Warner, but it appears Time Warner is not willing to give
anything. �
Mr. Munley stated that the proposal Time Warner has presented to the City of Fridley is
a lot more generous than what has been presented to other cities in the area.
Councilmember Barnette commented that he has no obligation to Time Warner; his
obligation is to the residents of Fridley. Council has entrusted the City's negotiating
FRIDLEY CITY COUNCIL MEETING OF MARCH 14. 2005 PAGE 9
group to negotiate for Council. He has no interest in getting into negotiations personally
because he does not understand the cable industry that well. He supports the City's
negotiating team. He did not understand why nothing has happened with the
negotiations since November.
Mr. Munley explained that Time Warner submitted their proposal to the City but heard
nothing back.
Mr. Knaak stated the formal proposal was made and the next step was for the City to
respond. The City was advised that routinely there is some discussion or dialogue but
nothing was forthcoming. Council is at the point now where they either like the Time
Warner proposal or they do not.
Councilmember Bolkcom stated she does not understand why Time Warner is still
refusing to negotiate if Council votes against their proposal this evening. She also
objected to the claims by Time Warner that the City Council has not been involved in
this process because they have had frequent discussions with City staff who have
participated in the negotiations on this matter.
Mr. Munley stated the reason Time Warner attorneys would need to be brought into this
immediately after a denial by Council is because there is a clock ticking. They have to
get this done in a reasonable period of time.
Ms. Roden commented that there is actually two parts to Time Warner's position. One
would be to extend this matter for 30 days. The other piece to it is Time Warner has not
been able to reach an agreement with the people who have been involved in
negotiations for the City. Time Warner is suggesting that it might be helpful to add
people to the equation on both sides.
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to adopt
Resolution 2005-16.
UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER
BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND MAYOR LUND
VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 3 TO 1
VOTE.
« Councilmember Billings repeated his offer that neither party proceeds with the formal
process for 45 days.
Mr. Munley stated that is not agreeable to Time Warner. He added they would be more
than happy to have informal negotiations with the City at any time, but they do need to
protect their assets.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2005 _ PAGE 10
NEW BUSINESS:
9. Informal Status Reports.
Councilmember Bolkcom reported that the Empty Bowls fundraiser held at the Fridley
Community Center was a success and raised over $6,000 for SACA.
.
Councilmember Bolkcom reported that the Home and Garden Show was also a success
and was well attended. _
ADJOURN
MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to
adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:35 PM.
Respectfully submitted by,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
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FRIDLEY
;
TO:
FROM:
DATE:
�
,
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2005
William W. Bums, City Manager �
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Jon ., aukaas, Public Works Director
March 17, 2005
PW05-021
SUBJECT: Second Reading of Ordinance to Rename Rainer Pass to Rainier Pass
On Monday, March 14, 2005, the City Council approved the first reading of the proposed
ordinance to rename Rainer Pass to Rainier Pass.
Recommend the City Council approve the second reading of the ordinance as presented.
Jtiti:cz
1
ORDINANCE NO.
AN ORDINANCE CHANGING TFiE STREET NAME OF RAINER PASS TO
RAINIER PASS
WHEREAS, Rainer Pass is a one block long street with two properties
addressed on it within the City of Fridley and 10 properties within
the City of Columbia Heights, and :
WHEREAS, the City of Columbia Heights was petitioned to change the
spelling of the street name Rainer Pass to Rainier Pass, said petition '
being approved and passed, and
WHEREAS, the City of Fridley has received a request from one of the
two Fridley properties to change the spelling of the street name from
Rainer Pass to Rainier Pass to match Columbia Heights, and
WHEREAS, the City Council has the authority to change street names by
ordinance.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA, AS FOLLOWS:
Section 1. The name of Rainer Pass from Glacier Lane to the south
corporate limit of the City is hereby changed and shall hereafter be
known and renamed as Rainier Pass.
Section 2. This ordinance shall be in full force and effect from and
after thirty (30) days after its passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 14Tx
DAY OF MARCH, 2005.
Scott J. Lund, Mayor
Attest:
Debra Skoqen - City Clerk
.
lst Reading: March 14, 2005
2nd Reading: March 28, 2005
Publication:
2
/
�
CffY OF
FRID�LEY
K
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2005
William W. Bums, City Manager �N�
�
Jon t1. flaukaas, Public Works Director
March 17, 2005
°I`lo Parking° Resolution for 73rd Avenue
PW05-020
Our 73`� Avenue mill and overlay project is being funded through our MSAS account The
MnDOT State Aid office reviews each of these projects to ensure they meet all applicable rules
for use of this money. The rules require that a roadway of this design, 4�lane undivided and 48
feet wide, must be signed as °I`�o Parking' on both sides of the road.
The City has treated 73`d Avenue as though no parking was allowed since it was first
constructed. tlowever, we cannot find a City resolution making this official. In order to get final
approval for funding of our project, MnDOT is requiring this resolution to make the parking
restriction official.
Recommend the City Council approve the attached resolution restricting parking on both sides
of 73'� Avenue between Able Street and Central Avenue (CSAt�I 35).
Jtiti:cz
Attachment
��
RESOLUTION NO. 2005 -
RESOLUTION RESTRICTING PARKING AND AUTHORIZING THE POSTING
OF "NO PARKING" SIGNS ON 73RD AVENiJE (MSAS 307) BETW�EN ABLE
STREET AND CENTRAL AVENUE (CSAH 35)
WHEREAS, 73rd Avenue (CSAH 307) is an improved Municipal State Aid x
Street designed as a four lane undivided roadway of less than 52
feet width, and
WHEREAS, the City has treated 73rd Avenue as though parking was
not allowed since originally constructed to this design, and
WHEREAS, State Aid rules require that roadways of the above
design be posted "No Parking" on both sides, and
WHEREAS, adoption of such parking restrictions is a requirement
of continued State Aid funding for maintenance and improvements
to this roadway.
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City
of Fridley, Anoka County, Minnesota, that parking shall be
restricted at all times on both sides of 73rd Avenue between Able
Street and Central Avenue (CSAH 35) and that the City is hereby
authorized to post ��No Parking" signs to such effect.
PASSED AND ADOPTED BY THE CITY COUNCIZ OF THE CITY OF FRIDLEY
THIS 28th DAY OF NlARCH 2O05.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND, MAYOR
0
�
�
anr aF
FRIdLEY
:
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2005
William W. Bums, City Manager �� �'
Jon t1. tlaukaas`, ' ublic Works Director
Layne Otteson, Assistant Public Works Directorv%/'"
March 16, 2005
Award of ST. 2005-2 Street Project
PW05-019
On Wednesday, March 16, 2005, at 10:00 a.m. bids were opened for the 73rd Avenue
Improvement Project Thirteen (13) sets of plans and specifications were sent out and seven
bids were rece�ved.
The low bid was received from 1`lorthwest Asphait, lnc. of Shakopee, MI`I in the amount of
�148,349.
This project is being funded through our MSAS account Our 2005 Municipal Construction
apportionment was �588,805 of which approximately �325,000 will be used for our local
o(�system neighborhood str-eet project and the remainder adequately covers the costs for this
project
Recommend the City Council receive the bids and award the 73RD Avenue lmprovement
Project (`lo. ST. 2005 ' 2, to I`lorthwest Asphalt, Inc. of 1451 Stagecoach Road, Shakopee,
MI`l, in the amount of �148,3j+9.
LO/Jt[ti:cz
Attachments
5
BID FOR PROPOSALS
73RD AVENLTE IMPROVEMENT PROJECT NO. ST. 2005 - 2
MARCH 16, 2005, 10:00 A.M.
•' �, �`"a� '��. � � ,s ��{�r.: a":, �R� r `�' '� �R � �� 4, �` �te k .�(�a
� �? s , 3 '�" � � s�5u �'"� � �� � � y� E� � i" � - �- ��'� � _. �`'
. ,� �� r
�
���;- i€ �`� � � �E� �, f � `��- § [a� �"�.i a ��� a '"'���� X� �,�� �!� �
�j "� � tE `- �3��i� ��((�i`- �`� �1�,�
a
.��R . x .,,;�r« �. e: _ ... :.. ..... . ..':... .�. „ ., dr£'.��i.,. .....a. . ���� . .,,.s� E
.: �.
Northwest Asphalt Inc. Un ited Fire $ 148,349.00
1451 Stagecoach Road
Shakopee MN 55379
Midwest Asphalt Corp Travelers $ 159,318.50
5929 Baker Road, Ste 420
Minnetonka MN 55345
Bituminous Roadways Inc United Fire $ 159,765.50
2825 Cedar Ave S
Minneapolis MN 55407
Frattalone Paving, Inc. Western $ 167,703.00
3230 Rice Street
St. Paul, MN 55126-3047
North Valley United Fire $ 173,452.90
4105 85th Avenue N
Bldg B, Ste 203
Brooklyn Park MN 55443
Hardrives Inc. Fed Ins. AIA $ 176,620.55
14475 Quiram Drive
Rogers MN 55374-9461
C. S. McCrossan St. Paul $ 206,194.00
7865 Jefferson Highway Fire/Marine
Maple Grove MN 55311
AAA Striping Service NO BID
P O Boz 339
Rogers MN 55374
BCG Construction Inc. NO BID
3117 Salem Ave
St. Louis Park MN 55416
Bergman Companies, Inc. NO BID
P O Boa 659
Eau Claire WI 54702
Park Construction Company NO BID
500 73rd Ave NE Ste 123
Minneapolis MN 55432
Geyer 5ignal NO BID
4205 Roosevelt Rd
St Cloud MN 56301
Thomas & Sons Construction NO BID
P O Box 303
Ro ers MN 55374
0
r
�
cxrr aF
FRIDLEY
s
TO:
FROM:
DATE:
SUBJECT:
�
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2005
William W. Bums, City Manager ���'
Jon tl.�aukaas, Public Works Director
Layne Otteson, Asst Public Works Director
March 21, 2005
Miscellaneous Concrete Repair Project I`lo. 359
PW05-023
On Wednesday, March 9, 2005, bids were opened for the 2005 Miscellaneous Concrete Repair
Project 1`l0. 359.
Specifications were sent to 13 conh-actors and 9 bids were received. The low bid was
subrnitted by BCG Construction, Inc., St Louis Park, MI`I, in the amount of �67,616. The
2005 project includes remedial sidewalk repair, repair of concrete sh-eet panels, and repair or
replacement of concrete curb due to utility repairs or driveway entrance permits.
Recommend the City
Miscellaneous Concrete
�67,616.
Jtitl:cz
Attachment
Council receive the bids and award the contract for the 2005
Repair Project l`lo. 359 to BCG Construction, Inc., in the amount of
7
BID FOR PROPOSALS
PRELIMINARY
MISCELLANEOUS CONCRETE REPAII2 PROJECT NO. 359
MARCH 9, 2005,10:00 A.M.
PLANHOLDER BID BOND BID ADDENDUM
BCG Construction Inc. AIA 5% $ 67,616.00
3117 Sa1em Ave
St. Louis Park, MN 55416
Curb Masters Inc. AIA 5% $ 71,7'75.00
500 West Poplaz
Stillwater MN 55082
Ron Kassa Construction Inc Old Republic 5% $ 75 450.00
,
6005 250th E
Elko MN 55020
Standard Sidewalk Inc. AIA 5% $ 75,900.00
10769 261 st Street
Chisago City MN 55013
Bailey Construction Cashiers Check 5% $ 78,850.00
P O Box 87
Stillwater MN 55082
Concrete Idea Ina AIA 5% $ 88,000.00
13961 44th LN NE
St. Micheal MN
Quality Restoration Services, Inc. AIA 5% $ 92,419.50
3066 Spruce Street
Little Canada MN 55117
North Couniry Concrete Inc. Old Republic 5% $ 108,770.00'
7040 143rd Ave NW
Ramsey MN 55303
T'homas & Sons Construction United Fire 5% $ 116,267.50
P O Box 303
Rogers MN 55374
Bergman Companies, Inc. NO BID
P O Box 659
Eau Claire WI 54702
Gunderson Bros Cement NO BID
2325 Snelling Ave
Minneapolis MN 55404
Midwest Concrete Specialties NO BID
5001 160th St W
Rosemount MN 55068
Ti-Zack Concrete Inc. NO BID
39352 221st Ave
Le Center MN 56057
i
,.
0
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�
CfTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2005
TO: Wiiliam W. Bu s, City Manager���-
�
FROM: Jon t1. tlaukaas, Public Works Director
DATE:
SUBJECT:
March 22, 2005
T-Mobile Antenna Lease for Commons Park Water Tower
PW05-025
We have negotiated a lease with T�Mobile for the installation of ceilular antennas on the
Commons Park water tower. Commons Park is one of the pre-'approved celi tower sites.
Instead of constructing an independent monopole somewhere within the park, T�Mobile was
willing to pay a premium to attach the antennas to the existing catwalk on our water tower.
The Lease Agreement is for up to nine antennas in three arrays on the tower plus an access
easement and a 15' x 25" area for a ground equipment platform outside our fencing near tlWe
southwest parking lot
The Lease Agreement requires a monthly payment of �1,650 plus an additional �100 per
month for each antenna after the first nine. This rent will be increased annually by an amount
equal to the CPI, but not less than 2%, nor greater than 5%. The term of the lease is 5 years
with the option to extend the lease for four additional periods of 5 years each. T�Mobile is
eager to begin the installation as soon as possible.
The Lease Agreement and Memorandum of Lease have been reviewed by staff and the City
Attorney and is consistent with previous lease agreements.
Recommend the City Council approve the Lease Agreement between the City of Fridley and T-
Mobile.
4 Jtlti:cz
' Attachment
�
�
�
CfTY OF
FRIDLEY
Date:
To:
From:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2005
March 28, 2005
r�
William Burns, City Manager� ;� �
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Subject: Xcel Energy Fluorescent Lamp Collection Contract Amendment
Background:
In past years, the City has been able to provide free recycling of fluorescent lamps at City
recycling drop-off events due to a cost reimbursement agreement with Xcel Energy. We have
now received this year's Xcel Energy Fluorescent/HID Lamp Collection Contract Amendment
which will allow the City to continue free fluorescent lamp recycling to Fridley residents.
The amendment has been issued to:
• Extend the Fluorescent/HID Lamp Recycling Agreement, number 194308, effective January
1, 2005, through December 31, 2006.
• Replace Company address in section 7 Notice with "Northern States Power Company, Attn:
th
Carla Hahn, 1225 17 Street, Suite 1200, Denver CO 80202-5534."
• Replace section 3.b. Company Payment to Contractor of the above referenced contract with
the following "Company shall pay to Contractor the costs incurred by contractor for the
collection and recycling of lamps from businesses disposing of lO lamps or less which are
document Company customers."
Staff has reviewed the attached agreement.
Recommendation:
Staff recommends that the City Council approve this agreement at the March 28, 2005, City
Council meeting and that the Mayor sign the agreement so that the City will continue recycling
fluorescent/HID lamps.
M-OS-23
10
0
�
CHANGE ORDER AMENDMENT
CHANGE ORDER AMENDMENT NO.: 001 CONTR ACT / AGREEMENT NO: 194308
EFFECTIVE DATE: 2/1 /2005
RELEASE / WORK ORDER NO • NA I DOCUMENT NO.: NA
COMPANY
aPublic Service Company of Colorado 0 Northern States Power Company (Minnesota)
� Cheyenne Light, Fuel and Power Company 0 Xcel Energy Services, Inc.
� Northern States Power Company (Wisconsin) 0 Southwestern Public Service Company
HEREIN AFTER REFERRED TO AS THE "COMPANY"
CONTRACTOR/CONSULTANT: City of Fridley, Attn: Rachel Harris, G341 University Avenue NE, Fridley, MN 55432
DESCRIPTION: Contract Extension
This Change Order Amendment consututes the authoriry for the following changes in the Statement of Work and/ox Total Cost of
Work, as provided in the above referenced Work Order Number and/or pocument Number (Contract Documents).
This Change Order Amendment has been issued to:
• Extend the Fluozescent/HID Lamp Recycling Agreement, number 194308, effective January 1, 2004, through December
31, 2006.
• Replace Company address in section 7 Nodce with "Noxthern States Powex Company, Atm: Carla Hahn, 1225 17�' Street,
Suite 1200, Denver CO."
• Replace section 3.b. Company Payment to Contsactor of the above refexenced contract with the following "Company shall
pay to Contsactox the costs incuxred by contsactor for the collection and recycling of lamps from businesses disposing of
101amps or less which are document Company customers."
All othex terms and conditions xemain the same.
Approved By:
CONTRACTOR
Aurhorized Repxesentative
Xcel Energy Services Inc. as agent for COMPANY
Approved By:.
Authorized Representative
DISTRIBUTION: COPY-CONTRACTOR, COPY-DOCUMENTS DEPT. (AFTER SIGNATURE), COPY-PROJECT FILE
Page 1 of 1
11
2005 CITY OF FRIDLEY COMMISSION TERMS
Term
Present Members Ex ires Appointee
PLANNING COMMISSION (Chapter 6) (7 Members; 3-Year Term)
CHAIR
VICE-CHAIR
CHAIR, PARKS
CHAIR, EQE
CHAIR, APP.
AT LARGE
AT LARGE
AT LARGE
Diane Savage
David Kondrick
Barbara Johns
Larry Kuechle
LeRoy Oquist
Dean Saba
Brad Dunham
4-1-06
4-1-06
4-1-07
4-1-05
4-1-07
4-1-07
4-1-05
APPEALS COMMISSION (Chapter 6)(5 Members; 3-Year Term)
CHAIR Larry Kuechle 4-1-05
Kenneth Vos 4-1-05
Gary Zinter 4-1-06
Blaine Jones 4-1-07
Brad Sielaff 4-1-06
ENVIRONMENTAL QUALITY AND ENERGY COMMISSION (Chapter 6) (7 Members; 3-Year Term)
CHAIR Barbara Johns
VICE-CHAIR Jack Velin
Richard Svanda
Barbara Kovacic
Anne Andrews
Paul Westby
Del Jenkins
4-1-07
4-1-05
4-1-06
4-1-06
4-1-05
4-1-07
4-1-07
PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members; 3-Year Term)
CHAIR David Kondrick 4-1-06
Tim Solberg 4-1-07
Dolores Varichak 4-1-05
Marcy Sibell 4-1-06
Edward McDonald 4-1-07
HOUSING AND REDEVELOPMENT AUTHORITY (5 Members; 5-Year Term)
CHAIR Larry Commers 6-9-09
VICE-CHAIR Virginia Schnabel 6-9-05
John Meyer 6-9-06
Pat Gabel 6-9-08
Bill Holm 6-9-07
12
�
.
.
4
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CRY OF
FRIDLE7
Name
Nathaniel
Behlen
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2005
Position
Patrol Officer
Non-exempt
Appointment
Starting
Salary
$17.95
per hour
(2005 contract)
13
Starting
Date
Mar. 29,
2005
Replaces
Gina
Saucedo
� AGENDA ITEM
COUNCIL MEETING OF MARCH 28, 2005
CITY OF
FRIDLEY
CLAIMS
120899 -121031
14
�
�
CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2005
Type of License
MASSEUR / MASSEUSE CERTIFICATE
April Kay Mauricio
Salon Amore
1278 E Moore Lake Dr.
Fridley, MN 55432
LICENSES
15
Approved BV
Public Safety Dir
� AGENDA ITEM
� CITY COUNCIL MEETING OF
cmr oF March 28, 2005
FRIDLEY
Contractor T e A licant A roved B
Beane Plumbin Plumbin Geno Gardner State of MN
Control Air Minnesota Heatin Brad Nelson Ron Julkowski, CBO
Galla her Heatin and A/C Heatin Gas Chris Galla her Ron Julkowski, CBO
Hoffman-Weber Construction Contractor-Residential Joe Hoffman State of MN
Ima e Ca ent and Home tm Contractor-Residential Jon Philli s State of MN
Johnson Glenn H Construction Co Commerical/S ecial Dick En leman Ron Julkowski, CBO
Mach Builders Contractor-Residential Chris Mach State of MN
Moltron Ente rises Inc Commerical/S ecial Bruce Dearin Ron Julkowski, CBO
Palm Electric Electrical Tim Palm State of MN
Pederson John Construction Inc Commercial/S ecial John W Pederson State of MN
Plumbin Services Inc Plumbin Michael Nall State of MN
Renner EH & Sons Inc Plumbin David Rowe State of MN
Stock Roofin Co Roofin Warren Stock Ron Julkowski, CBO
Villa e Plumbin Inc Plumbin Mark Aldrid e State of MN
Wa ner Plumbin Plumbin Dave Wa ner State of MN
Yale Mechanical Inc Heatin John Deblon Ron Julkowski, CBO
16
0
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0
� AGENDA ITEM
�` CITY COUNCIL MEETING OF MARCH 28, 2005
c'TM aF ESTI MATES
FICIDLE1f
G. L. Contracting, Inc.
4300 Willow Drive
Medina, MN 55340-9701
Springbrook Stream Restoration
Project No. 358
Estimate No. 1 $129,509.55
........................................................................................
17
COUNTY OF AN�I�:A
OFFICE OF COUNTY BOARD OF COMMISSIONERS
MARGARET LANGFELD - CH�.IR
County Board of Commissioners
The Honorable Scott J. Lund
Mayor, City of Fridley
6431 University Avenue NE
Fridley, MN 55432
Dear Mayor Lund:
GOVERNMENT CENTER
2100 3itn AvErr[� • Artoxa, MINNESOTA 55303-2265
(763) 323-5700
Mazch 2, 2005
Enclosed is a sample resolution supporting an Anoka County tax abatement requested by Glimcher
Northtown Venture. The Minnesota Legislature gave the power to abate taxes in 1997 as a way to support
economic development in counties. Since Anoka County has not had an Economic Development Authority,
we are restricted in how we can aid economic development.
Northtown is a major employer and taxpayer of regional significance. The former owner may not have made
the best decisions, but Glimcher is demonstrating a positive and progressive approach to revitalize and
expects new major stores to join.
Springsted has helped us analyze the future of ma.11s and of Northtown specifically. By their analysis, if
Northtown were to cease to exist, it could have a dramatic effect on the surrounding azea, thereby possibly
affecting your city. Yes, it would be redeveloped, but redevelopment would take a long time. I recognize
your concem about competition to retail in your city, but, in fact, the more stores, the more money spent,
rather than less.
Glimcher is not requesting school district abatement. The request is for $300,000 for 2005. Additionally, the
counry abatement criteria would be very strict. The first year's dollazs would only be allowed if a new
anchor is secured in 2005, and the abatement is tied to numbers of jobs retained and created. Finally, the
abatement amount will be more than paid back by the new value added.
I respectfully request your consideration to support this resolution.
Sincerely,
� -
Margaret gfeld, Chair
Anoka County Board of Commissioners
NIL:de
Enclosures
c/w: Dr. William W. Burns, City Manager
FAX: 763-323-5682 Affirmative Action / Equal Opportunity Employer
�; ��-_. �
TDD/TTY: 763-323-5289
RESOLUTION NO. 2005 -
RESOLUTION SUPPORTING AN ANOKA COUNTY TAX
ABATEMENT REQUESTED BY GLIMCHER NORTHTOWN
VENTURE
� WHEREAS, Glimcher Properties is the owner of Northtown Mall located in the City of Blaine
on property bordering the cities of Coon Rapids, Spring Lake Park and Fridley; and
WHEREAS, the Northtown Mall is a regional Anoka County asset and a significant taxpayer,
employing over 1,500 people at a payroll of over $24 million, and paying property taxes of over
$2.1 million annually; and
WHEREAS, the preservation and enhancement of Northtown Mall is of benefit to the entire area;
and
WHEREAS, Northtown is a major employer in Anoka County, providing a significant number of
jobs primarily to county residents; and
WHEREAS, Glimcher Properties, the owner of Northtown Mall, is making a significant
investment in upgrading and refurbishing Northtown Mall, which will result in enhanced
employment opportunities for area residents as well as significant economic development in the
area; and
WHEREAS, in 1997, the Minnesota State Legislature gave authority for cities, counties, and
school districts to grant economic development taa� abatements; and
WHEREAS, Glimcher Properties has been granted an economic development tax abatement of
city taxes from the City of Blaine; and
WHEREAS, Glimcher Properties has made application to the Anoka County Board of
Commissioners for an economic development tax abatement of county t�es;
NOW THEREFORE, BE IT RESOLVED that the City of Fridley does hereby urge the Anoka
County Board of Commissioners to grant the economic development tax abatement for
Northtown.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF MARCH, 2005.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK 19
SCOTT J. LUND — MAYOR
�
CIIY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2005
Date: March 16, 2005
To: William Burns, City Manager �
�
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Preliminary Plat Request, PS #05-01, Roslyn Park Wesleyan Church
M-05-20
INTRODUCTION
The petitioner, Dale Christiansen, Pastor of Roslyn Park Wesleyan Church is requesting
a reptat of the church properiy, which is located at 5300 6th Street. Replatting the
property will allow the church to separate and create two single family lots, which will be
located at 401 53`d Avenue and 5315 5th Street and create a new lot for the church
property. The new lot created for the church property will include 5300 6th Street and
the vacant lot north of 5315 5th Street, which will continue to allow access to the alley
and could be used for additional parking.
�53`�Avenue
This plat request is coming to us as a result of the petitioner's plans to relocate their
congregation to Spring Lake Park. Roslyn Park Church has found another congregation
to purchase the church building and the vacant lot north of 5315 5th Street; however, the
�!�1]
new congregation is not interested in purchasing the other two lots that are occupied
with single family homes. As a result, the petitioner would like to divide off the tn
parsonage house at 401 53rd Avenue and the other house the church owns at 5315 5
Street, to be sold separately as single family lots.
Fridley City Code requires that lots in the R-3 district be a minimum of 10,000 square
feet for three family dwelling and have a minimum lot width of 75'. The approximate
size of the entire land being requested to be replatted is 59,443 square feet or 1.36
acres. After the replat, the church property, proposed Lot #1, will be 37,146 square feet
(.85 acres) and will include the parcel with the church building and the vacant lot located
north of 5315 5th Street. Proposed Lot #2, located at 401 53`d Avenue will be 12,046
square feet, and will accommodate the existing parsonage house and garage.
Proposed Lot #3 at 5315 5th Street will be 10,251 square feet after the replat and will
contain the existing single family house, existing garage, and will allow for the
construction of a new garage to be accessed off of 5th Street.
PLANNING COMMISSION RECOMMENDATION
At the March 2, 2005, Planning Commission meeting, a public hearing was held for PS
#05-01. After a brief discussion, the Planning Commission recommended approval of
PS #05-01, with the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Petitioner to provide drainage and utility easements as shown on the
preliminary plat drawing.
2. Petitioner shall provide any easements required by Kaneb Pipeline prior to
final plat approval.
3. The property owner of 5300 6th Street shall continue to provide reasonable
seasonal maintenance as necessary to assure access to and from the non-
vacated portion of the alley.
4. The alley shall be sufficiently labeled to prevent the entrance from being
blocked.
5. The existing garage at 5315 5th Street shall be made accessible by
construction of an approved surface driveway and the filing of an easement
for access from Lot 1, or a new driveway and garage( with direct access from
5th Street) shall be constructed within one year of final plat approval.
6. Proof of Parking on vacant lot north of 5315 5th Street shall be required to be
installed if there is an expansion to the church or the City deems that it is
necessary.
21
City of Fridley Land Use Application
PS #05-01 March 2, 2005
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Roslyn Park Wesleyan Church
Dale Christiansen
5300 6'h Street NE
Fridley MN 55432
Requested Actions:
Replat to subdivide the property to allow
the creation of two single family lots and
a separate lot for the church property
Existing Zoning:
R-3, General Multiple Units
Location:
5300 6th Street, 401 53`d Avenue, 5315
5th Street, and vacant lot north of 5315
5th Street.
Size of Property:
59,443 sq. ft. 1.36 acres
Existing Land Use:
Church building, two single family
homes and a vacant lot
Surrounding Land Use & Zoning:
N: Single Family homes & R-2 & R-3
E: Single Family home & R-2
S: Single Family & Columbia Heights
W: Single Family home & R-3
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Each lot will meet or exceed the City's
minimum lot size standards.
Property History:
5300 6th Street:
1886 — Lot is platted.
1956 — Church is constructed.
401 53`d Avenue:
1886 — Lot is platted.
1965 — House and garage built.
5315 5�h Street:
1886 — Lot is platted.
1951 — House is built.
1992 — Addition to garage.
Legal Description of Property:
See Attached Certificate of Survev.
Public Utilities:
Properties are connected
22
Transportation:
Access can be obtained from 5�' Street or 6`n
Street.
Physical Characteristics:
Relatively flat, with typical suburban
landscaping.
SUMMARY OF REQUEST
The petitioner, Mr. Christiansen, Pastor for the
Roslyn Park Wesleyan Church, located at 5300
6th Street, is seeking to replat the church
property in order to allow the creation of two
single family lots and a separate lot for the
church property.
SUMMARY OF ANALYSIS
City Sfaff recommends approval of fhe replat
request, with stipulations.
• Proposed lots exceed the size standards
required by the City of Fridley Zonin Code.
CITY COUNCIL ACTION / 60 DAY DATE
City Council — March 28, 2005
60 Day Date — March 28, 2005
Staff Report Prepared by: Stacy Stromberg
PS #05-01 & SP #05-01
REQUEST
The petitioner, Dale Christiansen, Pastor of Roslyn Park Wesleyan Church is requesting
a replat of the church property, which is located at 5300 6th Street. Replatting the
property will allow the church to separate and create two single family lots, which will be
located at 401 53�d Avenue and 5315 5th Street and create a new lot for the church
property. The new lot created for the church property will include 5300 6th Street and
the vacant lot north of 5315 5th Street, which will continue to allow access to the alley
and could be used for additional parking.
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53`d Avenue
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The petitioner is also seeking a special use permit to allow a church in an R-3, General
Multiple Units zoning district.
ANALYSIS
The subject properties are all zoned R-3, General Multiple Units. The lots north of the
church parcel are zoned R-2, Two Family units, while the parcels to the west and north
of the church property are zoned R-3, General Multiple Units. This ptat and special use
permit requests are coming to us as a result of the petitioner's plans to relocate their
congregation to Spring Lake Park. Roslyn Park Church has found another congregation
to purchase the church building and the vacant lot north of 5315 5th Street; however, the
new congregation is not interested in purchasing the other two lots that are occupied
with single family homes. As a result, the petitioner would like to divide off the
parsonage house at 401 53�d Avenue and the other house the church owns at 5315 5tn
Street, to be sold separately as sing�e family lots.
The existing church building was constructed in 1956. The parsonage house and
garage at 401 53`d Avenue, were built in 1965, and the house at 5315 5th Street was
built in 1951, with an addition to the garage constructed in 1992.
23
Gn�au� �y ...� �... _.. - __. . ,�
In 1998, the City Council approved a rezoning request by the church to rezone
approximately one-half of the ch �n p°owed the enfi e church pr perty to be zo�ned
General Multiple Units. This rez g
consistently. In the same year, a vacation was also approved, to ��otproperty o ners
bise c t s t h e c h u r c h p r o p e r t y. W h e n the alle y was vacated in 1998,
north of church property were still using the alley. Therefore, t he c hurc h r e q u e s t e d t o
vacate the alley in the area that bisectshtheir pr Wh ch al ows ac essto those es denfial
across their vacant lot, north of 5315 5 Street,
property owners who wanted to continue to have access to the alley.
Fridley City Code requires that lots in the R-3 district be a minimum of 10,OOoximate
feet for three famity dwelling and have a minimum � 443 square feet o e1 36 acres. After
s i z e t h e e n t i r e l a n d r e questin g to be replatted is 59,
the replat, the church property, proposed Lot #1, wi l l be 3 7, 1 4 6 s q u a r e f e e t (. 8 5 a c r e s)
and will include the parcel with the church building and the vacant lot Ioc046 quahe f
5315 5th Street. Proposed Lot #2, located at 401 53`d Avenue will be 12,
feet, and will accommodate the existing eet aftegthe�eplat and wlc on ainphe ex st ng3
at 5315 5th Street will be 10,251 square
single family house, existing garage, and will allow for the construction of a new garage
to be accessed off of 5`h Street.
24
��
Right — House located at 401 53` Avenue
The petitioner is also requesting a speciai use permit to allow the continuation of a
church on the property located at 5300 6th Street. Churches are a permitted special use
in the R-3 zoning district, provided they meet the necessary requirements, related to
building and site requirements and parking. All of these requirements are being met
with the exception of the rear yard setback and the parking stall requirement.
Roslyn Park Church is requesting a variance for the location of the existing church
building in relation to the rear yard setback. City Code requires a rear yard setback of
25 feet and the existing church is 9.81 feet from the rear lot line. When the church was
constructed in 1956, it was deficient in meeting the rear yard setback requirement.
Consequently, the church is asking for a variance to recognize this non-conformity.
Roslyn Park Church property currently requires 43 parking stalls. This number is based
on the amount of pews located within the assembly hall of the church. The property is
currently deficient in meeting this requirement by 22 parking stalls. The church that is
purchasing the property is substantially smaller than the existing congregation and the
new church is including the vacant lot north of 5315 5'h Street as part of their property in
the event that they need additional parking. City staff would recommend that the
deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in
need of the additional parking stalls.
City staff has been in contact with Kaneb Pipeline, regarding the gas pipeline that runs
along the southern border of the subject properties. The petitioner's surveyor has
conveyed to staff that a blanket easement currently exists over the entire lot for the
pipeline. Due to this replat, Kaneb and the City would like to have this easement
defined, which will be a requirement prior to final plat approval. Currently, both the
petitioner's surveyor and Kaneb Pipeline are working on defining that easement.
RECOMMENDATION
City Staff recommends approval of the preliminary plat request, with stipulations.
� Proposed lots exceed the size standards required by the City of Fridley
Zoning Code.
City Staff recommends approval of this special use permit request, with stipulations.
� Churches are a permitted special use in an R-3, Multi-Family zoning district.
25
STIPULATIONS
Staff recommends that if the piat and special use permit are granted, the following
stipulations be attached.
1. Petitioner to provide drainage and utility easements as shown on the
preliminary plat drawing.
2. Petitioner shall provide any easements required by Kaneb Pipeline prior to
final plat approval.
3. The property owner oe asOn�ectessary to assu�e access orand from the noln-
seasonal maintenanc
vacated portion of the alley.
4. The alley shall be sufficiently labeled to prevent the entrance from being
blocked.
5. The existing garage at 5315 5`h Street shall be made accessible by
construction of an approved surface driveway and the filing of an easement
for access from Lot 1, or a new driveway and garage( with direct access from
5th Street) shall be constructed within one year of final plat approval.
6. Proof of Parking on vacant lot north of 5315 5th Street shall be required to be
installed if there is an expansion to the church or the City deems that it is
necessary.
�
r AGENDA ITEM
�` CITY COUNCIL MEETING OF MARCH 28, 2005
GTY OF
FRIDLEY
Date: March 16, 2005
To: William Burns, City Manager (� F
�
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Variance Request, VAR #05-04, Roslyn Park Wesleyan Church
M-05-22
INTRODUCTION
The petitioner, Dale Christiansen, Pastor for the Roslyn Park Wesleyan Church, is
seeking a variance to reduce the rear yard setback from 25 feet to 9.81 in order to
correct an existin� non-conformity, which is the location the of existing church building
located at 5300 6t Street.
City Code requires that churches with a special use permit, in an R-3, Multi-Family
zoning district follow the CR-1, General Office standards for building and site
requirements. The CR-1 section of code requires a rear yard setback of 25 feet.
Therefore, the petitioner is seeking a variance to reduce the rear yard setback from 25
feet to 9.81 feet in order to recognize and correct an existing non-conformity.
APPEALS COMMISSION RECOMMENDATIONS
At the March 9, 2005, Appeals Commission meeting, a public hearing was held for VAR
#05-04. After a brief discussion, the Appeals Commission recommended approval of
the variance.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Appeals Commission.
27
VAR #05-04
REQUEST
The petitioner, Dale Christiansen, Pastor for the Roslyn Park Wesleyan Church, is seeking a
variance to reduce the rear yard setback from 25 feet to 9.81 in order to correct an existing non-
conformity, which is the location the of existing church building located at 5300 6th Street.
SUMMARY OF HARDSHIP
"We are requesting a variance for our church building on our property. When the church was
built in 1956, if was situafed ten feef from the property line to the north. As far as we know, this
has never constifuted a problem for the church or for fhe neighbor af 5336 6th Street. We are
requesting this variance to come into conformance with the code."— also see attached
hardship statement.
- Pastor Dale Christiansen
ANALYSIS
The subject property is zoned R-3, Multi-Family. The properties to the north and east are zoned
R-2, Two Family and the properties to the west are zoned R-3, Multi-Family. A single family
residential neighborho.od in Columbia Heights is south of the subject property. The property is
located on the corner of 6�' Street and 53`d Avenue. The existing church building was
constructed in 1956. When the church was constructed, it was deficient in meeting the required
rear yard set back. Consequently, the petitioner is seeking a variance to recognize this existing
non-conformity.
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Existing Church
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This variance request is coming before us as a result of the petitioner's plans to relocate their
congregation to Spring Lake Park and their desire to have the properly in compliance before
they sell it. Roslyn Park Church has found another congregation to purchase the church
building and the vacant lot north of 5315 5th Street.
Roslyn Park Church is also asking for a replat of the property, which allows the church to
separate the property they own and create two single lots, one of which will be located at 401
53`d Avenue and the other at 5315 5th Street. The replat will also allow for a new configuration
for the church lot to include 5300 6�h Street and the vacant lot north of 5315 5�' Street.
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Dark Line signifies the land currently owned by Roslyn Park Church
The petitioner is also seeking a special use permit from the Planning Commission and City
Council to allow the continuation of a church on the property located at 5300 6'h Street.
Churches are a permitted special use in an R-3 zoning district. Both the replat request and
special use permit request went before the Planning Commission on March 2, 2005 and were
unanimously approved. These items will go before the City Council on March 28, 2005.
CODE REQUIREMENTS
City Code requires that churches with a special use permit, in an R-3, Multi-Family zoning
district follow the CR-1, General Office standards for building and site requirements. The CR-1
section of code requires a rear yard setback of 25 feet. Therefore, the petitioner is seeking a
variance to reduce the rear yard setback from 25 feet to 9.81 feet in order to recognize and
correct an existing non-conformity.
RECOMMENDATIONS
City Staff recommends approval of fhis variance request.
■ The variance is simply recognizing a pre-existing condition.
• Approving this variance should not set a precedent setting for other churches.
29
CITY OF FRIDLEY
APPEALS COMMISSION MEETING
MARCH 9, 2005
CALL TO ORDER
Chairperson Kuechle called the Appeals Commission meeting to order at 7:30 p.m.
ROLL CALL
Members present: Ken Vos, Larry Kuechle and Brad Sielaff
Members absent: Blaine Jones and Gary Zinter
Others present: Stacy Stromberg, City Planner
Rebecca Brazys, Recording Secretary
Dale Christiansen, Petitioner
PUBLIC HEARINGS:
�, Variance re uest VAR #05 04`b_ RQsI� n�Pa�rk Wesne�e an ez stincl nonuce the
MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to open the public hearing.
UPON A VOICE VO UNANIMOUS Y AND THE P'UBL CSHEARING OPENED ATR7:�32 PM•
MOTION CARRIED
Ms. Stromberg stated the petitioner, Dale Christiansen, Pastor for Roslyn Park Wesleyan
Church, is seeking a variance to reduce the rear yard setback from 25 feet to 9.81 feet in order
to correct an existing non-conformity which is the location of the existing church building at 5300
6'h Street.
Ms. Stromberg reviewed the summary of hardship presented by the petitioner as follows: "We
are requesting a variance for our church building on our property. When the church was built in
1956, it was situated ten feet from the property line to the north. As far as we know, this has
never constituted a problem for the church or for the neighbor at 5336 6`h Street. We are
requesting this variance to come into conformance with the code."
Ms. Stromberg provided the following analysis: The subject property is zoned R-3, Multi-Family.
The properties to the north and east are zoned R-2, Two Family and the properties to the west
are zoned R-3, Multi-Famihy. Columbia Heights is south of the subject property. The property is
located on the corner of 6 Street and 53rd Avenue. The existing church building was
constructed in 1956. When the church was constructed, it was deficient in meeting the required
rear yard setback. Consequently, the petitioner is seeking a variance to recognize this existing
non-conformity. This variance request is coming before us as a result of the petitioner's plans to
relocate their congregation to Spring Lake Park and their desire to have the property in
compliance before they sell it. Roslyn Park Church has found another congregation to purchase
the church building and the vacant lot north of 5315 5�h Street.
30
CITY OF FRIDLEY APPEALS COMMISSION MEETING March 9, 2005 Page 2 of 3
Ms. Stromberg further explained that Roslyn Park Church is also asking for a replat of the
property which will allow the church to separate the property they own and create two single
lots, one of which will be located at 401 53`d Avenue and the other at 5315 5'h Street. The replat
will also allow for a new configuration for the church lot to include 5300 6th Street and the vacant
lot north of 5315 5`h Street.
, In addition, Ms. Stromberg explained, the petitioner is also seeking a special use permit from
the Planning Commission and City Council to allow the continuation of a church on the property
"' located at 5300 6th Street. Churches are a permitted special use in an R-3 zoning district. Both
the replat request and special use permit request went before the Planning Commission on
March 2, 2005 and were unanimously approved. These items will go before the City Council on
March 28, 2005.
Ms. Stromberg stated City Code requires that churches with a special use permit in an R-3
Multi-Family zoning district follow the CR-1, General Office standards for building and site
requirements. The CR-1 section of the code requires a rear yard setback of 25 feet. Therefore,
the petitioner is seeking a variance to reduce the rear yard setback from 25 feet to 9.81 feet in
order to recognize and correct an existing non-conformity.
Ms. Stromberg stated that City Staff recommends approval of this variance request as the
variance simply recognizes a pre-existing condition and approving this variance should not set a
precedent for other churches in Fridley.
Commissioner Vos commented that the fact that this is a corner lot may have contributed to the
confusion as to the rear yard and side yard setback requirements at the time of construction in
1956.
Commissioner Kuechle asked if the setback regulations were the same in 1956 as they are
now.
Ms. Stromberg responded they were the same.
Commissioner Vos asked about the driveway through the vacant lot which provides access to
the alleyway.
Ms. Stromberg stated two properties to the north of the church property that use this driveway to
access the alley.
Pastor Dale Christiansen, Roslyn Park Church, stated he's not sure what happened in 1956 that
the setbacks were not met. To the north of their property, that neighbor attends the church and
has never had any difficulties with the church location on the lot.
Commissioner Vos asked if the vacant lot is actually needed by the church for parking.
Pastor Christiansen explained that the congregation purchasing the church and the vacant lot
has a smaller congregation and the existing parking lot on the church site is adequate. The
alley access on the vacant lot was built with expansion in mind, that it would eventually be a
parking lot.
MOTION by Commissioner Sielaff, seconded by Commissioner Vos, to close the public hearing.
31
CITY OF FRIDLEY APPEALS COMMISSION MEETING March 9, 2005 Page 3 of 3
UPON A VOICE VOTE, A �MOUSLY AND THE P'UBL CSHEARING C OSED AT 7:43 PM.
MOTION CARRIED UNAN
Commissioner Vos and Commissioner Sielaff both commented that since this is an existing non-
conformity, they would have no objections to this proposal. a�
MOTION by Commissioner Vos, seconded by Commissioner Sielaff, to approve variance `
request VAR #05-04, by Roslyn Park Wesleyan Church to reduce the rear yard setback from 25
feet to 9.81 feet to recognize an existing non-conformity of the existing church building, �°�
generally located at 5300 6th Street NE.
UPON A VOICE VOTE, A'LMVOOUS y AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNAN
32
I �
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CITY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2005
Date: March 16, 2005 w,
� �Y
To: William Burns, City Manager �
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Special Use Permit Request, SP #05-01, Roslyn Park Wesleyan Church
M-05-21
INTRODUCTION
The petitioner, Dale Christiansen, Pastor of Roslyn Park Wesleyan Church, located at
5300 6th Street, is seeking a special use permit to allow the continuation of a church in
an R-3, General Multiple Units zoning district. A church has occupied this site since
1956; however, a special use permit has never been obtained. The Congregation
interested in purchasing the Church would like all zoning matters resolved prior to their
closing on the property.
Churches are a permitted special use in the R-3 zoning district, provided they meet the
necessary requirements, related to building and site requirements and parking. All of
these requirements are being met with the exception of the rear yard setback and the
parking stall requirement.
Roslyn Park Church is requesting a variance for the location of the existing church
building in relation to the rear yard setback. City Code requires a rear yard setback of
25 feet and the existing church is 9.81 feet from the rear lot line. When the church was
constructed in 1956, it was deficient in meeting the rear yard setback requirement.
Consequently, the church is asking for a variance to recognize this non-conformity.
W Roslyn Park Church property currently requires 43 parking stalls. This number is based
� on the amount of pews located within the assembly hall of the church. The property is
currently deficient in meeting this requirement by 22 parking stalls. The church that is
purchasing the property is substantially smaller than the existing congregation and the
new church is including the vacant lot north of 5315 5th Street as part of their property in
the event that they need additional parking. City staff would recommend that the
deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in
need of the additional parking stalls.
33
PLANNING COMMISSION RECOMMENDATION
At the March 2, 2005, Planning Commission meeting, a public hearing was held for SP
#05-01. After a brief discussion, the Planning Commission recommended approval of
SP #05-01, with the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Petitioner to provide drainage and utility easements as shown on the
preliminary plat drawing.
2. Petitioner shall provide any easements required by Kaneb Pipeline prior to
final plat approval.
3. The property owner of 5300 6'h Street shall continue to provide reasonable
seasonal maintenance as necessary to assure access to and from the non-
vacated portion of the alley.
4. The alley shall be sufficiently labeled to prevent the entrance from being
blocked.
5. The existing garage at 5315 5th Street shall be made accessible by
construction of an approved surface driveway and the filing of an easement
for access from Lot 1, or a new driveway and garage( with direct access from
5th Street) shall be constructed within one year of fina� plat approval.
6. Proof of Parking on vacant lot north of 5315 5th Street shall be required to be
installed if there is an expansion to the church or the City deems that it is
necessary.
34
el
�
City of Fridley Land Use Application
SP #05-01 March 2, 2005
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Roslyn Park Wesleyan Church
Dale Christiansen
5300 6`h Street NE
Fridley MN 55432
Requested Actions:
Special Use Permit to allow a church in
an R-3, General Multiple Units zoning
district.
Existing Zoning:
R-3, General Multiple Units
Location:
5300 6ih Street and vacant lot north of
5315 5`h Street.
Size of Property:
37,146 sq. ft. .85 acres
Existing Land Use:
Church building and a vacant lot
Surrounding Land Use & Zoning:
N: Single Family homes & R-2 & R-3
E: Single Family home & R-2
S: Single Family & Columbia Heights
W: Single Family home & R-3
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Section 205.09.C.(1) requires a special
use permit to allow churches in a R-3,
Multi-Family zoning district.
Property History:
5300 6`h Street:
1886 — Lot is platted.
1956 — Church is constructed.
Legal Description of Property:
See Attached Certificate of Survey.
Public Utilities:
Church is connected
Transportation:
� Access can be obtained from 5th Street
or 6th Street.
Physical Characteristics:
Relatively flat, with typical suburban
landscapinq.
35
SUMMARY OF REQUEST
The petitioner, Mr. Christiansen, Pastor for the
Roslyn Park Wesleyan Church, located at 5300
6th Street, is seeking to special use permit to
allow a church is an R-3, General Multiple Units
zoning district.
SUMMARY OF ANALYSIS
City Staff recommends approval of fhis special
use permif request, with stipulations.
Churches are a permitted special use in an R-3,
General Multiple Units zoning district.
Existing Church Building
CITY COUNCIL ACTION / 60 DAY DATE
City Council — March 28, 2005
60 Day Date — March 28, 2005
Staff Report Prepared by: Stacy Stromberg
PS #05-01 & SP #05-01
REQUEST
The petitioner, Dale Christiansen, Pastor of Roslyn Park Wesleyan Church is requesting
a replat of the church property, which is located at 5300 6th Street. Replatting the
property will allow the church to separate and create two single family lots, which will be `
located at 401 53`d Avenue and 5315 5th Street and create a new lot for the church =
property. The new lot created for the church property will include 5300 6th Street and �
the vacant lot north of 5315 5th Street, which will continue to allow access to the alley
and could be used for additional parking.
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The petitioner is also seeking a special use permit to allow a church in an R-3, General
Multiple Units zoning district.
ANALYSIS
The subject properties are all zoned R-3, General Multiple Units. The lots north of the
church parcel are zoned R-2, Two Family units, while the parcels to the west and north
of the church property are zoned R-3, General Multiple Units. This plat and special use
permit requests are coming to us as a result of the petitioner's plans to relocate their
congregation to Spring Lake Park. Roslyn Fark Church has found another congregation
to purchase the church building and the vacant lot north of 5315 5th Street; however, the
new congregation is not interested in purchasing the other two lots that are occupied
with single family homes. As a result, the petitioner would like to divide off the
parsonage house at 401 53�d Avenue and the other house the church owns at 5315 5tn
Street, to be sold separately as single family lots.
The existing church building was constructed in 1956. The parsonage house and
garage at 401 53�d Avenue, were built in 1965, and the house at 5315 5th Street was
built in 1951, with an addition to the garage constructed in 1992.
36
}
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Existing Church Building
In 1998, the City Council approved a rezoning request by the church to rezone
approximately one-half of the church property from R-2, Two-Family Units to R-3,
General Multiple Units. This rezoning allowed the entire church property to be zoned
consistently. In the same year, a vacation was also approved, to vacate an alley that
bisects the church property. When the alley was vacated in 1998, two property owners
north of church property were still using the alley. Therefore, the church requested to
vacate the alley in the area that bisects their property and agreed to provide an access
across their vacant lot, north of 5315 5th Street, which allows access to those residential
property owners who wanted to continue to have access to the alley.
Fridley City Code requires that lots in the R-3 district be a minimum of 10,000 square
feet for three family dwelling and have a minimum lot width of 75'. The approximate
size the entire land requesting to be replatted is 59,443 square feet or 1.36 acres. After
the replat, the church property, proposed Lot #1, will be 37,146 square feet (.85 acres)
and will include the parcel with the church building and the vacant lot located north of
5315 5th Street. Proposed Lot #2, located at 401 53�d Avenue will be 12,046 square
feet, and will accommodate the existing parsonage house and garage. Proposed Lot #3
at 5315 5th Street will be 10,251 square feet after the replat and will contain the existing
single family house, existing garage, and will allow for the construction of a new garage
to be accessed off of 5th Street.
37
_
Left — House located at 53� b
The petitioner is also requesting a special use permit to allow the continuation of a
church on the property located at 5300 6'h Street. Churches are a permitted special use
in the R-3 zoning district, provided they meet the necessary requirements, related to
building and site requirements and parking. All of these requirements are being met
with the exception of the rear yard setback and the parking stall requirement.
Roslyn Park Church is requesting a variance for the location of the existing church
building in relation to the rear yard setback. City Code requires a rear yard setback of
25 feet and the existing church is 9.81 feet from the rear lot line. When the church was
constructed in 1956, it was deficient in meeting the rear yard setback requirement.
Consequently, the church is asking for a variance to recognize this non-conformity.
Roslyn Park Church property currently requires 43 parking stalls. This number is based
on the amount of pews located within the assembly hall of the church. The property is
currently deficient in meeting this requirement by 22 parking stalls. The church that is
purchasing the property is substantialty smaller than the existing congregation and the
new church is including the vacant lot north of 5315 5th Street as part of their property in
the event that they need additional parking. City staff would recommend that the
deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in
need of the additional parking stalls.
City staff has been in contact with Kaneb Pipeline, regarding the gas pipeline that runs
along the southern border of the subject properties. The petitioner's surveyor has
conveyed to staff that a blanket easement currently exists over the entire lot for the
pipeline. Due to this replat, Kaneb and the City would like to have this easement
defined, which will be a requirement prior to final plat approval. Currently, both the
petitioner's surveyor and Kaneb Pipeline are working on defining that easement.
RECOMMENDATION
City Staff recommends approval of the preliminary plat request, with stipulations.
• Proposed lots exceed the size standards required by the City of Fridley
Zoning Code.
City Staff recommends approval of this special use permit request, with stipulations.
• Churches are a permitted special use in an R-3, Multi-Family zoning district.
:
STIPULATIONS
Staff recommends that if the plat and special use permit are granted, the following
stipulations be attached.
1. Petitioner to provide drainage and utility easements as shown on the
preliminary plat drawing.
2. Petitioner shall provide any easements required by Kaneb Pipeline prior to
final plat approval.
3. The property owner of 5300 6th Street shall continue to provide reasonable
seasonal maintenance as necessary to assure access to and from the non-
vacated portion of the alley.
4. The alley shall be sufficiently labeled to prevent the entrance from being
blocked.
5. The existing garage at 5315 5th Street shall be made accessible by
construction of an approved surface driveway and the filing of an easement
for access from Lot 1, or a new driveway and garage( with direct access from
5th Street) shall be constructed within one year of final plat approval.
6. Proof of Parking on vacant lot north of 5315 5th Street shall be required to be
installed if there is an expansion to the church or the City deems that it is
necessary.
��
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� AGENDA ITEM
cmroF CITY COUNCIL MEETING OF MARCH 28, 2005
FRIDLEY
INFORMAL STATUS REPORTS
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