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09/11/2006 - 6109' -° � � - --. Cf1Y OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 7:30 p.m. - City Council Chambers Attendance Sheet ALFAS� AR/NT NAM�, AflDR�SS AIYU /TFM NUMB�'R YOU ARF /Ni'SR�STFD /N. Print Name �Cl�arlp� Address It�m �1`0. ' _�i . i��'1 F7 r. r"r 1'� �"• �' L� �.� (.+' P�"� t� �� - t i� , ('.� P E rJ � ��k. 1/+��,�, ` ' �( ��R ��,�, Sl�. �: ti 5�� N� L�.r �(',�,� G L E_ . � SS S32A � � ��3� � \ � � % J� o e� , �►'� 1� v�� l �Ci '�. � V' .�` � �-'�'� O � �_ ,,,_. '� FRIDLEI( C�TY COUNCIL MEETING OF SEPTEME�ER 11, 2006 �oF FRIDLEY The City of Fridley will not discriminate against or harass anyone iri the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/76c�-572-3534) PLEDGE OF ALLEGIANCE. �• i�� l� APPROVAL OF PROPOSED CONSENT AGENDA: PROCLAMATIONS: Constitution Week: September 17 — 23, 2006 Domestic Violence Awareness Month: October, 2006 NEW BUSINESS (CONTINUED): aoo�- 5$ 6. Resolution Approving a Plat, P.S. #05-07, Tracts A&C of RLS #238, 160 Ely Street/160 Liberty Street Service Drive, by the City of Fridley, for the Purpose of �- Correcting Right-of-Way Lines Resulting from a �-� ��'Slightly Widened Service Drive and Allow for the APPROVAL OF PROPOSED CONSENT AGENDA: � �� `" Land Swap of Excess Right-of-Way ��,�- `� � 5p` (Ward 3) ................................... 17 - 21 APPROVAL OF MINUTES: �� ' City Council Meeting of August 28, 2006 �I J�j NEW BUSINESS: Receive the Minutes from the Planning Commission Meeting of August 2, 2006 ................. 1- 3 20�-5� 2. Resolution Designating Time and Number of Council Meetings for 2007 ................. 4- 6 7AO� -�5 Resolufiion Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2006 Tax Levy Collectible in 2007 - ............................. 7 ��`' Zoo�- 5� Resolution Restricting On-Street Parking between t h e Hours of 7 a.m. and 4 p.m., Monda y thcou gh � Friday, in the West Cul-De-Sac of Talmadge Way .........�.� .� ............. 10 -11 �,,� � � /� g�� C'��- 7O. Receive Bids and Award Contract for Salt, Sand and Storage Building Project No. 369 ...... 22 - 24 : .g l ��i,� �g��w��g_�., j+�l G�t o Y' /-� v� 5-1-a� vt��2. 8. Approve School Resource Officer Service Agreement Between the City of Fridley and Fridley School District No. 14 .................................. 25 - 27 9. Claims ................................... 28 10. Licenses ................................... 29 - 30 11. Estimates ................................... 31 � t�l �* f3 ,.� 1� g � � /� s� ADOPTION OF AGENDA. �200(,- 57 5. Resolution Approving a Plat, P.S. #05-06, Tract D of RLS #239, 151 Glen Creek Road, by the City of Fridley, for the Purpose of Correcting and Clarifying Right-of-Way Boundaries and Allowing for the OPEN FORUM (VISITORSI: Consideration of Items not on Future Land Swap of Excess Right-of-Way Agenda -15 Minutes (Ward 3) .................................. 12 - 16 �� ` -Ef� t-cco,��L-- :�4" j-�" �s'� � (�iS a�-'"-�.- �, �(, a °� —�� ,�,�g aC✓?1�.. `� l( � � O �°> FRIDLEY �iTY LOUNCIL MEETING OF SEPTEMBER 11, 2006 PAG-� � PUBLIC HEARING: ��"'` = $ � �� 9.�1/'c�� f� 12. Consider Issuing an Off-Sale 3.2% Malt Liquor License to Target Store T-2200, Located at 755 — 53rd Avenue N.E. (Nl/ard 1) .................................. 32 - 33 C,�� : �� i��1�9 �' �/A"�j `A5lf NEW BUSINESS: 13. Reinstate the 2005-2006 Rentai License for 6551 Channel Road; and �'' � Approve Application for a 2006-2007 Rental License for 6551 Channel Road (VVard 2) ................................... 34 14. Resolution Revoking Special Use Permit, SP #89-08, for Sam's Auto Worid to Operate a Body Shop/Repair Garage in an M-1 Zoning District, Generally Located at 7570 Highway 65 N.E. (Ward 2) ........ 35 - 38 �� . � s�c.��- -t'c.l.✓h. 'h� � ` c��_ �� 5 � 15. Informal Status Reports ..................... 39 ADJOURN. �`" �J I I� I�'� I w1 P ', � / . s , � — � � � � 2 � � � � % p s � ��S �' � f�P,�O v-Z �� c� �,cu-E-i c� ✓� �.r. � - 3 � � 3 8� � �_�v LA ,n�-�� `�' �' ", -E-� 3 ( c 2,c� `� � w 6001 Gazdena Circle NE Fridley, MN 55432 September 1 l, 2006 To: Mayor Scott Lund & Fridley City Council Members: Subject: Water & silt problem from the Al-Ama1 School project My wife and I have lived here for 28 years and have never before called the city about a water and silt problem. WITH ALL T'HINGS BE1NG EQUAL THE ONLY NEW VARIABLE IS THE PROJECT BEHIND US. Until this yeaz there used to be two baseball fields with grass. Between the baseball fields and the school was a parking lot which was paved and had curbs. THAT IS ALL GONE. Now there is just exposed dirt. Appro�tely 54 truckloads of dirt were brought into the �roject to raise the level of the land to match the existing school. A holding pond was dug on the NE corner of one of the baseball fields and now the dirt is piled on the S W side of the pond. In the last two weeks we have had two rains (the last one about 2 inches). These resulted in water and silt coming into my yazd and the neighbor's. Both times the water and silt flowed to my back sidewalk and within two feet of my back steps. The last time there was so much water that it flowed between our houses. My neighbor on the left of ine (facin� my house) had water seeping into his window wells and my neighbor on the right had water flowing into his backyazd and around his garage into the street. My neighbor, Mr. Tom Bard, and I had to dig a trench between our houses and out to the front yard and to my driveway to prevent water getting inta our houses. As a result the water and silt went into Gardena Circle and then down Gardena Lane to the storm sewer. This water and silt is from the project since our soil is black dirt and clay. THE RCWD REQUIRES A SOPHISTICATED STORM WATER MANAGEMENT SYS1'EM to be constructed beneath a new pazking lot, which I understand will not happen until neart yeaz. WHAT HAPPENS IN THE MEANTIME WITH MORE RAIN THIS FALL AND THEN NEXT SPRING WHEN THE SNOW MELTS ON THE FROZEN GROUND??? Sinee water seeks its lowest level my neighbors and I will have a major flooding problem, ESPECIALLY IN THE SPRING OF 2007. We need someone to BUILD A BERM or a WATER HOLDING AREA, or to SLOPE THE AREA away from our properties and it needs to be done NOW. A 28 year resident and taxpayer, Donald R. Lewis �� ' �� C!�-1,l.�lLjc.� � � � �� lD� . Date: 9-11-06 To: Fridley City Council From: Thomas A. Bard, resident 6003 Gardena Circle, Fridley 55432 (763) 535-222 Re: Al-Amal School Building site water issues Mr. Mayor and Respected Members, On Sunday, September 3`�, 2006, I encountered a significant pooling of water in the southeast corner of my property. I also had minimal wa.ter into the house, thanks largely to two pumps and the ditch digging efforts of my neighbor and myself. Though we've had torrential rains before, (most notably, September 21�, 2005) I have never before experienced any such problems on my property. I believe that the cause of the problem stems from an unfavorable grade on the Al-Amal building site. (Please, see pictures enclosed) I understand that this is a work in progress, and that a�cidents may occur; however, my concern is that with the large amounts of fill dirt that have been imported to the site, the grade of the existing pmperty will be altered significantly. My immediate concern is that if we have another heavy rainfall or snow thaw, I will be in a similaz predicament. I am not against the building project. I simply request that the city eval�ate the on- going sta.tus of the project and provide so�nie assistance in rectifying the immediate issue, as well as any residual problems that may arise, up to the completion of the project. I welcome any assistance or advice on this matter. Thank you for your consideration, � l� `� G� Thomas A. 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' . �. . �� - ��4 rf,�) �, � �'��f } � .. 's,ji �� ;�'r � �'; ,� �_ k _ � '�, +a;. Y . - -� ' '^ `�r i • � � - ; o '?-' 34t'`'� �-'� � ' �r-� �'er � ' _ e � ' _ .ti .�- � �,�''� �� W�e*�'�.:�, �'`� _ - ,r�!,�' � I �. .a F:i �1, � W{aYt(. ! -. }f . M1t"',f�� .. � �{� � J� . i `,11 . ' fi � f��l��•' i� s "'S ,9 F� ��' �. ' T� ' � i {,.r� 3 '�W ,.1�4 M� � i"�I �Nrl, i. � = ` d-`F '� c. � 3� - � � r r, -�r . _ ,y I,'„+ . ' _ . . . ��P;� �{ �ry ��'�� .. . �� .�i \ . . �' :,,�,i � � ;� ' � � l � � �; E �� . ;l�T . � p �M�t 11.v�� ° a � � CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 CffY OF FRIDLEI' The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Constitution Week: September 17 — 23, 2006 Domestic Violence Awareness Month: October, 2006 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 28, 2006 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of August 2, 2006 ............................................................................ 1- 3 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Resolution Designating Time and Number of Council Meetings for 2007 ............................................................................ 4- 6 3. Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2006 Tax Levy Collectible in 2007 ........................................................................................ 7- 9 4. Resolution Restricting On-Street Parking between the Hours of 7 a.m. and 4 p.m., Monday through Friday, in the West Cul-De-Sac of Talmadge Way ....................................... 10 - 11 5. Resolution Approving a Plat, P.S. #05-06, Tract D of RLS #239, 151 Glen Creek Road, by the City of Fridley, for the Purpose of Correcting and Clarifying Right-of-Way Boundaries and Allowing for the Future Land Swap of Excess Right-of-Way (Ward 3) ................................... 12 - 16 6. Resolution Approving a Plat, P.S. #05-07, Tracts A&C of RLS #238, 160 Ely Street/160 Liberty Street Service Drive, by the City of Fridley, for the Purpose of Correcting Right-of-Way Lines Resulting from a Slightly Widened Service Drive and Allow for the Land Swap of Excess Right-of-Way (Ward 3) ....................................................... 17 - 21 7. Receive Bids and Award Contract for Salt, Sand and Storage Building Project No. 369 ........................................................... 22 - 24 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Approve School Resource Officer Service Agreement Between the City of Fridley and Fridley School DistrictNo. 14 ............................................................................................... 25 - 27 9. Claims .................................................................................................. 28 10. Licenses .................................................................................................. 29 - 30 11. Estimates .................................................................................................. 31 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 12. Consider Issuing an Off-Sale 3.2% Malt Liquor License to Target Store T-2200, Located at 755 — 53rd Avenue N. E. (Ward 1) ................................................ 32 - 33 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 4 NEW BUSINESS: 13. Reinstate the 2005-2006 Rental License for 6551 Channel Road; and Approve Application for a 2006-2007 Rental License for 6551 Channel Road (Ward 2) .................................................... 34 14. Resolution Revoking Special Use Permit, SP #89-08, for Sam's Auto World to Operate a Body Shop/Repair Garage in an M-1 Zoning District, Generally Located at 7570 Highway 65 N.E. (Ward 2) ................................................................... 35 - 38 15. Informal Status Reports ................................................................................ 39 ADJOURN. � � � CONSTITUTION WEEK SEPTEMBER i� - �3, �006 �� WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States; and � WHEREAS, it is important that all citizens fully understand the provisions and principles contained in the Constitution in order to effectively support, preserve and defend against all enemies; and WHEREAS, September 17, 2006, marks the 219`h anniversary of the drafting of the Constitution of the United States of America by the Constitutional � Convention; and �� WHEREAS, it is fitting and proper to accord official recognition of this magnificent document and its memorable anniversary; and, WHEREAS, the independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated during Constitution Week, as designated by proclamation of the President of the United States of America in accordance with Public Law 915; NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the week of September 17 through 23, 2006, as CONSTITUTION WEEK in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 11 `h day of September, 2006. Scott J. Lund, Mayor I� � � �� ( �� DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER, �006 C�� WHEREAS, the community problem of domest�c violence has become a crit�cal public health and welfare concern in Anoka County; and WHEREAS, domest�c violence is a crime, the commission of which will not be tolerated in Anoka County, and perpetrators of said crime are subject to prosecut�on and convict�on in accordance with the law; and WHEREAS, thousands of women and children have and will continue to access assistance from Alexandra House, Inc., a domest�c violence service provider; and WHEREAS, domest�c violence will be eliminated through community partnerships of concerned individuals and organizat�ons working together to prevent abuse while at the same t�me promot�ng social and legal change; and WHEREAS, October is National Domest�c Violence Awareness Month,• and WHEREAS, during Nat�onal Domest�c Violence Awareness Month, Anoka County organizat�ons will inform area residents about domestic violence, its prevalence, consequences, and what we, as a concerned community, can do to eliminate its existence. NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the month of October, 2006, to be: �OM�ST/�' li/OL�N«.4W.4Ri�Ni�S.S MONTf/ in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 11 th day of September, 2006. Scott J. Lund, Mayor CITY COUNCIL MEETING CITY OF FRIDLEY AUGUST 28, 2006 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 Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Richard Pribyl, Finance Director Fritz Knaak, City Attorney Don Abbott, Public Safety Director 7eff Carson, Attorney for Samir Awaij ane Mindy and Samir Awaijane, 5096 Hughes Avenue Bob Becker, 1684 18th Avenue NW Peter Eisenzimmer, 6535 Oakley Drive Emma Rose, 1241 Norton Avenue APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 14, 2006. APPROVED. NEW BUSINESS: 1. First Reading of an Ordinance for a Text Amendment, TA #06-02, by the City of Fridley, to amend Chapter 6 of the Fridley City Code to Substitute Members for the Appeals Commission. William Burns, City Manager, stated staff is recommending that Council formalize a process whereby the Chair or Chair designee of the Planning Commission may be called to sit on the Appeals Commission in order to establish a quorum. The amendment is to Chapter 6 of the Fridley City Code. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 2 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Resolution Certifying Proposed Tax Levy Requirements for 2007 to the County of Anoka. William Burns, City Manager, stated current Minnesota Statutes require that we do this annually prior to September 15. The operating portion of this year's proposed levy is $9,002,390, or 2.8% greater than the 2006 levy for operations. The portion of the levy for GO Improvement Bonds is $198,036. This brings the total proposed levy for 2007 to $9,200,426. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-49. 3. Resolution Adopting the Proposed Budget for the Fiscal Year 2007. William Burns, City Manager, stated Minnesota statutes also require that we approve our preliminary budget for the ensuing year prior to September 15. The total amount budgeted is $17,896,686, or 2.5% less than we budgeted for 2006. The amount includes a 3.7% increase for the General Fund. Council will give further review to the 2007 budget at their October 17 conference session. At that time, Council may subtract from, but not add to the preliminary property tax levy. The public hearing for the 2007 budget is scheduled for December 4, 2006. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-50. 4. Resolution Authorizing Changes in Appropriations for the 2006 Budget for January through August, 2006. William Burns, City Manager, stated that the $53,694 in General Fund adjustments are due to donations, grants and insurance reimbursements. They are almost entirely for Police and Fire Department revenues and expenditures. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-51. 5. Resolution Authorizing Staff to Proceed with the Process of Establishing a Quiet Zone in the City of Fridley. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 6. Claims (127936 — 128118). APPROVED 7. Licenses FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 3 APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 8. Estimates APPROVED THE FOLLOWING ESTIMATE: Park Construction, Inc. 500 — 73rd Avenue N.E., Suite 123 Fridley, MN 55432 2006 Street Improvement Proj ect No. ST. 2006 — 1 Estimate No. 4 ..........................................................$269,474.38 MOTION by Councilmember Barnette to approve the consent agenda as presented, with the removal of Items 1 and 5. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 1 and 5. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Peter Eisenzimmer, 6535 Oakley Drive, asked how many raises Council receives each year. Mayor Lund replied that one raise a year is offered and it is usually a cost-of-living increase. Mr. Eisenzimmer questioned if an increase will be given each year. William Burns, City Manager, replied that it tends to be an annual request, but Council does not always accept the increase in pay. The object of the raise is to keep our City Council mainstream with other City Councils. Mr. Eisenzimmer stated that an elected official should not get a raise each year as this is a part- time job. Councilmember Wolfe asked if Mr. Eisenzimmer knew what the councilmember were paid. Mr. Eisenzimmer stated that he did know the salaries as they were published. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 4 Councilmember Barnette stated he has gone five years with no raise, but the past three years there has been a cost-of-living increase in salary along with City staff. Councilmember Wolfe stated he has received three raises since he has been on the Council. Councilmember Bolkcom invited the public to attend Art in the Park at Rice Creek at the Banfill-Locke Center. This event will be held on Sunday, September 10 from 11:00 a.m. to 5:00 p.m. There will be free activities, artists, music, poetry, food, etc., for all ages. NEW BUSINESS: 5. Resolution Authorizin� Staff to Proceed with the Process of Establishin� a Quiet Zone in the Citv of Fridlev. Don Abbot, Public Safety Director, presented information regarding a Quiet Zone. Federal Law requires engineers of railroad locomotives to sound their horns upon approach to every grade level crossing. Federal rules provide for a process whereby local jurisdictions can designate a Quiet Zone. A Quiet Zone is an area up to 1/2 mile in length where all crossings within that Quiet Zone are then covered by an order from the Federal Railroad Administration. This is an order telling the engineers not to blow their horns unless there are some circumstances or dangers. Residents in close proximity to the Burlington Northern Sante Fe Railway (BNSF) crossing at Osborne Road and 77th Avenue NE have voiced their desire to implement a Quiet Zone covering these two crossings to improve their quality of life. Complaints include having to put telephone conversations on hold because the train whistle is too loud and children crying because of the loud noise. The rail traffic on the BNSF inain line has approximately doubled in the past 15 years. An increase from about 30 trains per day to about 60 trains currently. Northstar Commuter Rail is expected to add 12 trains per day beginning in 2009. The City has been considering a Quiet Zone for the past three years. The new Federal rule covering quiet zones was implemented in July of 2005 following a moratorium on new Quiet Zone creation while the final rule was updated. Mr. Abbot stated that Northstar Commuter Rail was expected to result in the addition of a third BNSF track along side the two already in place. This change would substantially alter our two Quiet Zone crossings. The City decided to wait for Northstar-related changes and construction to create our Quiet Zone. Quiet Zones require the implementation or construction of supplemental safety measures that included crossings to maintain or enhance safety in the absence of train horns. The FRA has created a safety index for every grade crossing in the country. They look at past accident history, train traffic, street traffic, what current safety measures are in place, etc., and they assign a numerical value for safety at every crossing. Mr. Abbot said the initial estimates for the cost of the installation of the supplemental safety measures were up to $400,000. The top end option would be to add four quadrant gates. The final agreement between the Northstar Commuter Rail and BNSF from June of this year does not include the third track Therefore no changes to the existing crossings are needed. Based on this information, staff began to move ahead with final research into a Quiet Zone. Staff inet with representatives of the FRA, MnDOT, and BNSF on August 4 to conduct a diagnostic evaluation FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 5 of our Quiet Zone. The results of the diagnostic evaluation showed that raised concrete medians would be our best choice. The good news is that they cost less than four quadrant gates and yet they yield the best safety scores. Also medians offer the ability to maintain our Quiet Zone during future reviews. The FRA would review the Quiet Zone every five years. If at sometime in the future a third main line is added, the median would be able to maintain safety at the crossings in such a way that the Quiet Zone could be continued. Concrete medians are recommended to be 100 feet in length, 4 feet in width and 8 inches in height. By losing the train horns and with the addition of the medians, evidence shows crossing safety would improve for both pedestrians and vehicles. Mr. Abbot stated that three properties are expected to have their driveway access limited by medians; Johnson Printing at 77th Avenue NE, Sentinel Chemical at 77th Avenue NE, and the Schmidt Osborne Building at 100-148 Osborne Road. All three of these property owners have been contacted, and staff is continuing to work with them to minimize any impact that may result from the medians. One resident at 90 Osborne Road may be affected. Anoka County Highway is the road authority for Osborne Road and they will have to approve our plans. 77th Avenue NE is a City street so we just need City approval. Cost estimates at this point, pending final engineering and County approval are $65,000. He reviewed the timetable for the project: Engineering and Planning — Winter 2006-2007 Notifications to and meetings with affected property owners — Fa112006 Negotiations with Anoka County — Fall and Winter 2006-2007 Funding authority requested of Council — Winter/Spring 2007 Construction — Spring and Summer 2007 60- Day Notification and Comment Period per FRA — Summer 2007 Implementation of Quiet Zone — Late Summer/Fa112007 Mr. Abbot stated that Staff has prepared a draft resolution for Council consideration. This resolution would authorize and direct staff to proceed with the Quiet Zone process by authorizing planning and engineering, directing staff to continue to work with the affected property owners to minimize impacts to their properties, and directing staff to continue working with Anoka County to ensure plan approval while minimizing additional requirements that the County would have in the resulting costs. Maintaining or enhancing public safety at the crossing is the top priority. This resolution does not include a funding component. Staff will return to Council for funding authorization and final approval of the Quiet Zone process following the engineering and planning process. Staff recommends Council's approval. Councilmember Bolkcom commented that she has received several inquiries regarding a Quiet Zone. One comment was the Quiet Zone will still have noise due to the engines, etc. Mr. Abbot replied the concern is of the safety of the crossing itsel£ With the research from the Coon Rapids Quiet Zone, adding medians there resulted in a decrease in the number of vehicles that operated around the gates when there were in the down position. In a three-month study period prior to median installation, there were 5 to 10 vehicles per month driving around the crossings. In the three months after the Quiet Zone installation, there was only one vehicle that drove over the median and that was a DUI driver that was arrested. The safety of the crossings is FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 6 likely to improve. It is correct that train horns are only one part of the noise of the train, but the horn is the loudest and carries the furthest. Councilmember Bolkcom asked Dr. Burns to comment on Anoka County's concerns. William Burns, City Manager, stated that the prospect for getting additional openings from the County is not good. The County does not want additional access points onto their County roads. Councilmember Bolkcom stated that she received an inquiry regarding the gates failing to come down when a train is coming. Mr. Abbot replied that typically when the gates malfunction, they are in the downward position. He did not recall a time when the gates have failed in the up position. If this does happen, it would be very rare. Councilmember Barnette asked who will fund the cost. Mr. Abbot replied that sources for the funding have been discussed and the Minnesota State Aid Street Fund will help with the cost. Additional funding could include the City Street Improvement Budget. Councilmember Barnette encouraged those interested to check out the Quiet Zone in Coon Rapids on Hanson and Egret. Mayor Lund stated that this Quiet Zone will improve the quality of life for those residents living in this area. MOTION by Councilmember Bolkcom to submit presentation materials from Mr. Abbott regarding the Quiet Zone into the record. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Scott Hickok, Community Development Director, stated that he received a call from Joan Olson objecting to City staff spending time on this project. She felt that their time could be spent better elsewhere. He asked if her comment could be made part of the record. Mayor Lund stated that this is not a public hearing and she will have an opportunity to voice her opinion in the future. Her name will be added to the list of those who want to be contacted as the work on this item proceeds. Councilmember Bolkcom stated that there are more than a dozen people who will be affected by the Quiet Zone. During National Night Out, at more than one neighborhood meeting, they had to stop talking because of the train whistles. MOTION by Councilmember Bolkcom to adopt Resolution No. 2006-52. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 7 Councilmember Bolkcom asked if an email could be sent out to those on the list with updates, and if she could get a copy of the email. MOTION by Councilmember Wolfe to remove item number 9, Consider revocation of Special Use Permit SP #89-08, for Sam's Auto World from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 9. Consider Revocation of Special Use Permit, SP #89-08, for Sam's Auto World, Generally Located at 7570 Hi�hwav 65 NE (Ward 2) (Continued Au�ust 14, 2005). Scott Hickok, Community Development Director, stated that this business is located at 7570 Highway 65 and is zoned M-1, Light Industrial. The site contains an auto repair business called Sam's Auto World. The business fronts on Highway 65 south of Osborne Rd. Fridley Terrace is to the south. On November 18, 1991, SP #89-08 was reassigned to the owners of Sam's Auto World. In 1992, City Council considered revocation of SP #89-08 for paving and screening outside storage issues. The business owner complied with stipulations and the City ceased the revocation process. Past problems have included high grass, outside storage, and unauthorized signs. Last year there was an incident of an employee living in a semi-trailer on site. This year's problems involved business vehicle parking in the right of way, selling cars without a dealer's license from the State, and operating an automobile salvage/junk yard without a special use permit to do so. The business owner tried to sell cars on this site in the 1990s. In 1999, the owner withdrew a rezoning application and instead purchased a C-2 property. Mr. Hickok stated that about two years ago the owner sold A& E Auto Sales, but had leftover inventory. Staff received complaints that the owner was continuing to sell vehicles without proper zoning. Samir Awaijane asked the State for time to liquidate his inventory from the sale of his Osborne site. The State Licensing Unit gave Awaijane a date in late 2005 to have the cars liquidated. Mr. Awaijane requested an auto leasing license to allow auto "loaners" for body shop customers. Staff approved State Lessor Dealer's License for 9 vehicles (4 family and 5 loaner vehicles). Since that time, the Department of Public Safety investigated and determined there were violations and outside storage above the fence height. Section 205.17.7.D, screening requires items to be stored no higher than 2 feet below the fence line. Despite being aware of the inability to sell cars in an M-1 zoning district, Samir Awaijane has violated City Code and the State Dealer's License regulations. Mr. Hickok said there were 23 vehicles listed on Mr. Awaijane dealer's license. Another list showed 14 vehicles listed to A& E Auto Sales. The vehicles were to be liquidated to 4 family and 5 loaner vehicles. The owner of this property has continued to buy damaged vehicles from insurance companies and resell them. Purchases as early as December of 2005, and sold retail in the very recent past. Last week staff observed about a dozen vehicles on site which is in excess of the 9 that the license allows. Mr. Awaijane has operated a junk yard with out a special use FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 8 permit. Mr. Awaij ane has continued to violate various City ordinances. Staff recommends that the City Council take action on September 11, 2006, to revoke Special Use Permit, SP #89-08, for lack of compliance with stipulations of said permit, which states he must operate garage in a law-abiding manner. MOTION by Councilmember Wolfe to accept the 14 pages of supporting documentation into the records. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Attorney Carson, Mr. Awaijane's Attorney, said he had prepared a memorandum on behalf of Mr. Awaij ane, and asked that it be admitted into the record. MOTION by Councilmember Wolfe to admit Attorney Carson's memorandum and supporting documents in to the record. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Attorney Carson obj ected to the receipt of any information or documents he has not seen. Anything that was not seen for the original public hearing, he would not be prepared to address tonight. Mayor Lund asked for clarification. Attorney Carson sated that the list of violations he received did not contain everything spoken about tonight. An example was that Mr. Awaijane was operating a junkyard without a permit. This was not on the claim of August 7, and he would not be prepared to discuss that issue. Councilmember Bolkcom asked if Mr. Carson had been in contact with City staff before tonight's meeting. It was her understanding that no one attended the last meeting. Attorney Carson stated he did review the tape and met with staff. He stated that notification was given to Mr. Awaij ane in a timely manner. Mr. Awaij ane was not aware that it was the intent of the paperwork to remove his ability to work on cars. Mr. Awaijane was just then aware that the City was not only going to remove the permit for him to sell cars but also the ability for him to work on cars. Mr. Carson stated that Mr. Awaijane has been a resident of the City of Fridley for 23 years and has been operating this business since 1991. The information packet distributed to the Councilmember's was history of the recent happenings including a permit from the State, a copy of the special use permit, a copy of the actual permit, approval of the zone for special sales, and the State Statue permitting the sale of the lease vehicles. It is true if the vehicles are sold within the first 120 days of ownership, a tax would need to be paid on the vehicle sale. The current charge from the City of Fridley is for a failure to operate business in a peaceful and law abiding way. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 9 Attorney Carson stated that Mr. Bob Becker is Mr. Awaijane bookkeeper and the person in charge of obtaining the permit for Mr. Awaijane. Mr. Becker has had direct conversation with Mr. Peltier who was the State representative involved with this permit. It is not the case that the State is coming after Mr. Awaijane to remove the permit nor has Mr. Awaijane been presented with any citations. Mr. Awaijane has paid the tax on the vehicles that were sold before the 120 days. Every problem that has occurred with this business has been related to the sale of vehicles. Mr. Awaijane has agreed that within 60 days of tonight's date, he will remove all the sale vehicles from the property, give up the permit to lease and sell vehicles, and simply operate his business as a body shop. Most of the violations that have occurred were corrected in a timely manner. The State does not claim that the sale of vehicles prior to 120 days causes the permit to be in jeopardy. Mr. Becker, Mr. Awaijane's bookkeeper, stated that he has a 25-year history of running a leasing company in Burnsville. When Mr. Awaij ane decided to sell the dealership, A& E Auto Sales, they had a conversation on what to do with the cars and what he intended to do with his business. Mark Peltier is the State License Inspector. When we moved locations, we notified the State of the move to maintain the used car license. We knew we could not get zoned as a used car dealer so Mr. Peltier and I discussed the idea of the leasing license. This helped in disposing of the inventory but in the meantime the bills also needed to be paid. Sam's business was to buy salvage cars, repair them and put them on the used car lot for sale. That doesn't help the body shop business when your number one customer is yourself. It has taken a while to get into the public view as a body shop. That is where the cash crunch and cash flow come from. He is now building up this business and increasing the cash flow. Councilmember Billings asked for clarification. Mr. Becker indicated that the primary business for a period of time was purchasing vehicles, rehabilitating them and reselling them. He questioned if that part of the business is still going on today. Mr. Becker replied that Sam still buys an occasional parts car to repair something that has been damaged. But most of the vehicles in inventory are at least 6 to 8 months old. Councilmember Billings asked how many vehicles have been purchased, reconditioned and put out for sale since November of 2005. Mr. Becker answered about a dozen. Councilmember Billings commented that on Exhibit C, the Minnesota Department of Public Safety form that Mr. Awaijane brought to the City of Fridley to sign off for the zoning for the leasing license, it states no more than 4 Awaij ane vehicles plus 5 loaner vehicles for customers, for a total of 9 vehicles. He asked what that was supposed to mean. Attorney Carson answered it was his belief that the stock would be reduced to 9 vehicles. At the time that this form was issued, there were more vehicles than 9 on the lot. Mr. Awaijane knows selling vehicles cannot be part of his business and he is volunteering to get rid of the vehicles to do body repair only. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 10 Councilmember Billings stated that he understood Mr. Becker stating that they were still buying, repairing and selling vehicles, about 2 a month. Attorney Carson stated that is not supposed to be happening. Councilmember Billings asked about Items A and A1 from Mr. Carson's material. It states that this area must be screened and the storage area is for the wrecked vehicles. The owner is stripping parts and storing parts in the area as well. This area was intended to be fenced so the public cannot see the wrecked vehicles. This is what makes the area look like an auto recycling center. These parts are being used for fixing and reselling vehicles. In a body shop, an owner would go to the store and buy the new part that is needed. If you strip parts from cars to repair vehicles, how do you control invoices and know what to charge the customer? Attorney Carson replied that the public hearing for the revocation did not talk about this item. Councilmember Billings replied that the reason for a public hearing is to gather all the information possible regarding the agenda item. The public hearing is relative to what is going on at the site that is connected to the Special Use Permit. Mr. Awaijane, owner of Sam's Auto Parts, stated that parts that are stripped from cars for repair will not happen any more because there will be no license to purchase cars. He stated that he does not run a junk yard and sell parts. The reason he was renovating cars in the past was to keep employees working. No notice was received from the City regarding cars being stored up too high. The storage is way in the back of the building and cannot be seen from the front street. If anyone had told him it was too high, he would have lowered the cars. Councilmember Bolkcom asked if Mr. Awaijane was aware of the stipulations that went along with the Special Use Permit. Mr. Awaijane said he was not aware that it was against the law to store the vehicles that high. Attorney Carson stated that Mr. Awaijane probably remembers receiving the stipulations back in 1991 but was not referring to them in the recent past. Councilmember Bolkcom asked whose responsibility it was to make sure the stipulations are adhered to, the owner of the property or the City? Even though the City did not contact him, it is the owner's responsibility to follow the stipulations. Attorney Carson agreed that it is the owner's responsibility to follow the stipulations. The history of the property has been that if something was not correct, he would get a notice and correct the problem. It is the obligation of the property owner to take care of the property. If Mr. Awaijane liquidates his inventory in 60 days, he will totally get out of the sale of vehicles and just operate his business as a body shop. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 11 Mayor Lund stated that Mr. Awaijane has had since November of 2005 to liquidate his inventory and there are still violations reoccurring. Mr. Awaij ane admitted sales are slow so it may be hard to liquidate the vehicles in 60 days. Attorney Carson agreed that it hasn't worked to sell cars on the market. Given Mr. Awaijane's history and long-term residence, he has operated a good business with the exception to selling cars. Councilmember Barnette asked for confirmation that in 60 days there would be no more than 9 cars on the lot. Attorney Carson answered that is not correct. After 60 days there would be no cars for sale. There would be no cars on the lot except for vehicles owned by people who are working there. Councilmember Wolfe asked if he was correct in assuming that if Mr. Awaijane gets what he wants tonight, there would be no more cars for sale after 60 days. Mr. Hickok commented that if Mr. Awaijane agrees to liquidate the inventory in 60 days and no longer sells cars, that would mean the owner is taking a step in the right direction. The car sales have been a big issue with this business, but they would also need to adhere to the stipulations. There is on-going code enforcement and they should not wait for a violation notice to correct things. A lot of staff time has been devoted to this site. The owner needs to operate to the confines of the stipulations and know what is acceptable. The auto body operation will go away if the stipulations are not followed. Attorney Carson asked for one more visit from staff so within the 60 days they can liquidate the inventory and bring the business up to code. Councilmember Bolkcom stated that the Council does not want to put Mr. Awaijane out of business, but wants him to abide with the City ordinances like other business owners. City staff can do a better job at looking at all the special use permits, but staff does not have the time to visit each site to check for violations. It is the owner's responsibility to abide by the stipulations and run their business properly to City Code. Attorney Carson agreed with Councilmember Bolkcom and stated that they will get to work. Councilmember Bolkcom asked Mr. Knaak how to proceed with this public hearing. Mr. Knaak, City Attorney, advised to close the public hearing. Staff can be directed to prepare a resolution to approve or reissue the special use permit subject to certain points and rules. Conditions currently existing on site could be reiterated with additional terms. Mayor Lund asked if it would be simpler to continue this hearing in 60 days for review. Mr. Knaak answered that if there is need for an additional public hearing, it would be fine. This is not an action item, so it will need to be placed on the agenda in the future to continue. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 12 Councilmember Bolkcom stated that it seemed simpler to close the public hearing and bring it to the next meeting. Mr. Knaak stated that if the owner has 60 days to clean up the area, it could be part of the resolution to adopt at the next meeting. Councilmember Wolfe questioned when the 60 days would start if they do not vote on the item tonight. Mr. Knaak stated that they would not need to wait for formal action on the item to start the 60 days. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 9:05 P.M. Councilmember Billings commented that just because the offer was 60 days to liquidate the inventory does not mean that they need to be granted 60 days. If the item is not voted on until Sept. 11, Council could give them 45 days. It will be up to staff and Council as to how many days are granted to clean up the site. Mayor Lund stated that there may be a different amount of days available to clean up the site, but probably 60 days from today. Attorney Carson answered that they are willing to start clean up tomorrow. NEW BUSINESS: 10. Resolution Declarin� a Question to be Placed on the Ballot at the Next Re�ular Municipal Election, to Increase Water, Storm Water and Sanitary Sewer Rates in Excess of the Inflationarv index or 5%, Whichever is Less as Required bv Section 7.02 of the Fridlev Citv Charter. Mr. Pribyl, City Treasurer, stated that this resolution identifies the ballot language that will appear on the ballot at the next regular municipal election if approved by at least 4/5 vote of Council. In order to ensure the question is placed on the November ballot, the resolution must be adopted no later than September 11, 2006, to meet the election requirements. This increase and the inflationary portion of the rate increase are estimated to cost an average consumer in Fridley (18,000 gallons/quarter) a total of approximately $42.00 per year. The public hearing notice was published in the Fridley Sun-Focus on July 27, August 3 and August 10, as required by the Charter and the public hearing was held on August 14, 2006. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 13 Mr. Pribyl stated that the question would be stated in the following form: The City is required to run the water, sanitary sewer, and storm water operations like a business. Due to the City Charter limitation on rate increases, the operations lost approximately $500, 000 in 2005. The City expects similar or gr�eater losses in 2006 and beyond unless these rates are raised as follows: Water —16 cents per 1, 000 gallons used; Sanitary Sewer — 32 cents per 1, 000 gallons of water used; and Storm Water —13 cents per quarter per residential property. Do you approve the utility rate increases listed above that are needed to bring revenues even with expenses? Staff recommends a motion adopting the resolution. Councilmember Bolkcom questioned what the loss would be if this resolution was not approved. Mr. Pribyl answered that approximately $620,000 would be lost in 2007. Mr. Eisenzimmer, 6535 Oakley Drive, asked how the question will be stated on the ballot. Mr. Pribyl answered that the ballot would be stated exactly as it is on the resolution. The portion that is in italics will be on the ballot. Emma Rose, 1241 Norton Avenue, questioned the last Council meeting minutes. She indicated that in the third paragraph on Page 16, it reads the utility rate would need to be brought before the voters to approve a monthly $10 increase. But on the cover letter for the item tonight it states it would be a total of approximately $42.00 a year. The minutes should be changed to quarterly $10 increase. The other question was what the increase would be for senior citizens. Mr. Pribyl answered the minutes should be changed to $10.00 a quarter increase. The senior citizen rate would be proportionate to what it is now. Mr. Eisenzimmer questioned if this increase would happen every year or if this was just a one- time request. Mayor Lund replied that the increase request comes forward when they feel there is a need to increase rates. Under Charter rules, they would bring the request to the voters. Councilmember Wolfe stated that they would only increase what the City would need in order to pay the bills. Dr. Burns stated that this issue on the ballot would establish the rates for 2007 and 2008. Mr. Pribyl stated that they were looking at a split rate, but they decided to just have one increase. At this point they have used the inflationary rate through 2008 to match revenue with expenses. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 14 Mr. Eisenzimmer asked where the funding comes for holding ponds. Mayor Lund replied that some funds come from sewer and water and State aid. MOTION by Councilmember Barnette to adopt Resolution No. 2006-53. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. First Readin� of an Ordinance for a Text Amendment, TA #06-02, bv the Citv of Fridlev, to Amend Chapter 6 of the Fridlev Citv Code to Substitute Members for the Appeals Commission. Councilmember Billings asked how many members were on the Planning Commission. Mr. Hickok answered that there is one chair person and three commissioners at large and three commissions for a total of 7. Councilmember Billings asked for staff to review the entire chapter for inconsistencies. It would be an appropriate time to clean up the language throughout the chapter. Mr. Hickok agreed that this would be a good time to clean up the chapter. This is a City- initiated action. Councilmember Billings asked how many times in the past there were problems. Mr. Hickok replied that in the 13 years he has been employed by the City, there were three to four times Appeals Commission meetings needed to be cancelled due to no quorum. Councilmember Billings suggested that someone be appointed to take over the Planning Commission Chair designee in the event that the Chair is not available. Mr. Hickok agreed and said that one of the conclusions that arose was to have the Chair appoint someone in their absence. Councilmember Billings stated that one of the duties of the Planning Commission is to choose a Vice Chair annually. Maybe the chair or associate chair could serve this purpose and then a designee would not need to be appointed. MOTION Councilmember Billings to table the first reading of an Ordinance a Text Amendment, TA #06-02, by the City of Fridley, to Amend Chapter 6 of the Fridley City Code to Substitute Members for the Appeals Commission. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2006 PAGE 15 11. Informal Status Reports: William Burns, City Manager, requested to make a correction on his consent agenda presentation. He stated that the conference session for the budget was October 17 and it is actually October 16. Councilmember Bolkcom stated that the street project from last year has had sod problems. A fair amount of people are having problems with their sod. Central Landscaping is only under obligation for 30 days to take care of the sod. It was inspected in May and they were to go back to Central Landscaping for resolution. She has not seen so much sod fail in the time she has been on the Council. Possibly Central Landscaping should check what is underneath the sod. In the areas she has checked, there were rocks and dirt under the sod. Possibly the City Manager could discuss this matter with Mr. Haukaas and come back at the next meeting with a resolution for the residents. Councilmember Barnette stated that 3 to 4 residents in the current street proj ect are having the same kind of problems with sod being installed on top of rocks etc. It would be a good idea to research this item. Councilmember Bolkcom stated that three driveways are still not resolved. At least two of the driveways definitely have inferior product. They have a lot of pits and defects. This is not acceptable work for our City residents. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:35 P.M. Respectfully submitted by, Krista Monsrud Scott Lund Recording Secretary Mayor DRAFT CITY OF FRIDLEY PLANNING COMMISSION MEETING AUGUST 2, 2006 CALL TO ORDER: Commissioner Kuechle called the regular meeting of the Planning commission to order at 7:30 p.m. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT: OTHERS PRESENT: Leroy Oquist, Larry Kuechle, Dean Saba, Barbara Johns Diane Savage, Brad Dunham, David Kondrick Stacy Stromberg, City Planner Jeff Brenk, Brenk Bros. Inc. APPROVE PLANNING COMMISSION MEETING MINUTES: - July 19, 2006 MOTION by Commissioner Saba, seconded by Commissioner Oquist to approve the minutes as submitted. UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER KUECHLE DECLARED THE MOTION CARRIED UNAMINOUSLY. PUBLIC HEARING: Consideration of a Vacation, SAV #06-01, by Brenk Properties, LLC, to vacate a drainaqe and utility easement which runs east and west between Lots 2& 3, of Friendly Chevrolet Addition, to allow the expansion of their business, qenerally located at 7490 Central Avenue NE. MOTION by Commissioner Saba, seconded by Commissioner Johns, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Stromberg, City Planner, presented a request from the petitioner, Pat Pastoors, of Brenk Properties LLC, who is seeking to vacate two 5 ft. drainage and utility easements that run along the west and east property lines of Lots 2 and 3 of the Friendly Chevrolet Addition. The petitioner's existing business is located on Lot 2, at 7490 Central Avenue and he also owns Lot 3 directly north and vacant, at 7500 Central Avenue. The petitioner is proposing to vacate these drainage and utility easements to allow the expansion of his building. Ms. Stromberg stated that the subject parcels are located on the corner of Fireside Drive and Central Avenue. Both of the properties are zoned M-1, Light Industrial. The original 211 ft. by 144 ft. (30,384 square foot) building at 7490 Central Avenue was constructed in 1978. Brenk Brothers acquired the building in 1994. Ms. Stromberg reviewed that in 1999, Fridley Chevrolet, which is located directly west of the subject properties, received City Council approval to plat their lot and the subject properties. This plat allowed the creation of 3 separate lots; an 8.87 acre lot for Friendly Chevrolet, a 3.32 acre lot for Brenk Brothers, and a vacant lot of 2.18 acres, which Brenk Brothers owns. At the time of the plat approval, Brenk Brothers created a separate lot for the vacant parcel to potentially sell it off if they didn't need it to expand their building. When lots are platted in Fridley, it is common practice to obtain easements for the purposes of drainage and utilities. Therefore, when this plat was approved, a 5 ft. drainage and utility easement was dedicated on the side and rear lot lines and a 30 ft. easement was dedicated along the front lot lines. Ms. Stromberg stated that since receiving plat approval, the petitioner has decided to expand his business by constructing a 29,962 square foot addition, which is essentially doubling the size of the existing structure. In order for the building to be expanded, the petitioner needs to combine lots 2 and 3 with Anoka County and seek the proposed vacation request. The petitioner has submitted the necessary paperwork to have lots 2 and 3 combined with Anoka County and is seeking this request to vacate the 5 ft. easements. Ms. Stromberg stated that there are no utilities located within the two 5 ft. easement areas and when the property was platted a joint pond was constructed on the west side of the subject properties to help prevent any drainage concerns. The proposed expansion has been reviewed and approved by the City's engineering, planning and building staff and a building permit has been issued and construction has started. City Staff recommends approval of this vacation request. Commissioner Kuechle questioned if the petitioner had any questions or anything to add to the presentation. Jeff Brenk, Brenk Bros Inc., stated he had nothing to add to the presentation. Commissioner Kuechle questioned when they expect to occupy the building. Mr. Brenk answered that if everything goes as planned, they should be in the building by the end of October. MOTION by Commissioner Oquist, seconded by Commissioner Johns, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:37 P.M. MOTION by Commissioner Saba, seconded by Commissioner Johns, to approve Vacation Request, SAV #06-01, by Brenk Properties, LLC, to vacate two drainage and utility easements which runs east and west between Lots 2& 3, of Friendly Chevrolet Addition, to allow the expansion of their business, generally located at 7490 Central Avenue NE. UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER KUECHLE DECLARED THE MOTION CARRIED UNAMINOUSLY This matter will be presented to the City Council on August 14t", 2006. 2. Receive the minutes of the July 12, 2006, Appeals Commission Meetinq. MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to receive the minutes as presented. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KUECHLE DECLARED THE MOTION CARRIED OTHER BUSINESS: Ms. Stromberg stated that the City Council approved the Sign Code Text Amendment. She also reminded the Planning Commission that the August 16th meeting has been cancelled. ADJOURN: MOTION by Commissioner Saba, seconded by Commissioner Oquist to adjourn. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KUECHLE DECLARED THE MEETING ADJOURNED AT 7:40 p.m. Respectfully Submitted: Krista Monsrud Recording Secretary � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 TO: FROM: DATE: SUBJECT: The Honorable Mayor and City Council William W. Burns, City Manager September 8, 2006 2007 City Calendar Attached is a proposed 2007 City calendar which indicates City Council meetings, conferences and holidays. Staff recommends that Council approve the attached resolution and the 2007 calendar of City Council meetings and holidays. Thank you for your consideration of this matter. WWB:rsc Attachments RESOLUTION NO. RESOLUTION DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 2007 _ WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall meet at such times as may be prescribed by resolution; and WHEREAS, it is.the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: 1. The City Council will hold regular meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the following Mondays in 2007: January 8, January 22, February 12, February 26, March 12, March 26, April 9, April 23, May 7, May 21, June 11, June 25, July 9, July 23, August 13, August 27, September 10, September 24, October 8, October 22, November 5, November 19, December 3 and December 10. 2. The City Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed but no formal action taken, commencing at 7:00 p.m. on the following Mondays in 2007: April 16, May 14 and August 20. 3. On the dates of regular Council meetings, City Council information sessions will be held in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF SEPTEMBER, 2006. ATTEST: DEBRA A. SKOGEN - CITY CLERK 5 SCOTT J. LUND — MAYOR _ . Jan 2007 S M T W T r S YE r 2 3 4 5 6 i � 7�8 9 ]0 I1 12 13 � 14 � 16 17 18 l9 20 � 21 22 23 24 25 26 27 ; 28 29 30 31 � Mar 2007 S M T W T I S I 2 3 4 5 6 7 8 9 10 11 1�2 13 14 ]5 16 17 18 19 20 21 22 23 24 25 2� 27 28 29 30 31 May 2007 S M T W T i S 1 2 3 4 5 6 U7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 � 29 30 3 t Jul 2007 S M T W T r S 1 2 3� 5 6 7 8�9 10 ll 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 _ Sep 2007 S M T W T F S I 2� 4 5 6 7 8 9 ]0 ll 12 13 14 15 16 17 18 19 20 21 22 23 44 25 26 27 28 29 30 Nov 2007 S M T W T F S I 2 3 4�5 6 7 8 9 10 I1 �' 13 14 15 16 17 18 19 20 21 ��!!{ 24 25 26 27 28 29 30 � Feb 2007 S M T W T P S I 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 � 20 2t 22 23 24 25 � 27 28 Apr 2007 S M T W T F S 1 2 3 4 5 6 7 g O9 ]0 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 J��, 200� S M T W T F S � z 3 4 5 6 7 8 9 10 I1 12 13 14 15 l6 17 � 19 20 21 22 23 24 2�5 26 27 28 29 30 Aug 2007 S M T W T P S 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 l5 16 17 18 ]9 20 21 22 23 24 25 26 2� 28 29 30 31 oct zoo� s M�r w T r s 1 2 3 4 5 6 7 �8 9 10 11 t2 13 ]4 � 16 17 18 19 20 21 Q 23 24 25 26 27 28 29 30 31 Dec 2007 S M T W T r S 1 2 O3 4 5 6 7 8 9 10 11 12 13 14 t5 16 17 18 19 20 21 22 23 `� }� 26 27 28 29 30 31 �OO� cr�r o� �Rr�t�Y CAL£NDAR Janua Julv 1 New Year's Day 4 Independence Day 8 Gity Cauncil Meeting 9 City Council Meeting 15 Martin Luther King, Jr. Day 23 City Councii Meeting 22 City CounGil Meeting Februarv 12 City Council Meeting 19 Presidents' Day 26 City Cauncil Meeting March 12 City Council Meeting 26 City Council Meeting April 9 City Council Meeting 16 C�nference Meeting 23 City Council Meeting May 7 City Council Meeting 14 Conference Meeting 21 City Council Meeting 28 Memorial Day June 11 City Council Meeting 18 Budget W�rk Session 25 City Council Meeting ' CTIYOF FRIDLEY X - Holiday ❑- Conference Meeting Auqust 13 City Council Meeting 2� Conference Meeting 27 City Council Meeting September 3 Labor Day 10 City C�uncil Meeting 24 City C�uncil Meeting October 8 City Council Meeting 15 Budget Work Session 22 City Council Meeting November 5 City Council Meeting 12 Veterans' Day (Obs.) 19 City Counail Meeting 22 Thanksgiving 23 City Holiday December 3 City Council Meeting 10 City C�uncil Meeting 24 City Holiday 25 Christmas O - City Council Meeting 0- Budget Worlc Session � � CffY OF FRIDLEY DATE: TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 September 8, 2006 William W. Burns, City Manager Paul Bolin, Assistant Director of HRA SUBJECT: Consider HRA Tax Levy for Taxes Payable in 2007 Since 1996, the HRA has utilized a tax levy to help support its housing rehabilitation programs. The levy is equal to .0144% of the taxable market value of all real estate and personal property in the City. The 2007 tax levy will allow the Authority to collect approximately $347,053. In terms of the impact on taxpayers, the levy would cost $28.80 per year for a home valued at $200,000 and $144.00 per year for a commercial property valued at $1,000,000. This tax levy was originally implemented to help fund the HRA's revolving loan program. In 1997, the City made a loan of $1.5 million to the HRA to capitalize the loan fund. In turn, the tax levy was used to make the debt service payments. The principal balance of the loan is now $415,907. State Statutes require the consent of the City Council, prior to the tax levy becoming effective. As a final note, the HRA tax levy must be certified to the County Auditor by September 15, 2006. Recommendation Staff recommends that the City Council consent to the attached resolution approved by the Housing and Redevelopment Authority at their regular meeting on September 7, 2006. Attachment J:APlanning\Council Items By Meeting\2006 Council Items\September 11,2006\2007CCMemo (HRA Tax Levy).doc HRA RESOLUTION NO. 2006 - 03 A RESOLUTION ADOPTING A 2006 TAX LEVY COLLECTIBLE IN 2007 BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority"), as follows: � Section 1. Recitals. 1.01. The Authority is authorized by Minnesota Statutes Section 469.033 to adopt a levy on all taxable property within its area of operation, which is the City of Fridley, Minnesota (the "City"). 1.02. The Authority is authorized to use the amoutrts collected by the levy for the purposes of Minnesota Statutes Sections 469.001 to 469.047 (the "General Levy"). Section 2. Fin ' s. 2.01. The Authority hereby finds that it is necessary and in the best interests of the Ciry and the Authority to adopt the General Levy to provide funds necessary to accomplish the goaLs of the Authority. Section 3. Adoption of General Lew. 3.01. • The following suxns of money are hereby levied for the current year, collectible in 2007, upon the taxable property of the City for the purposes of the General LLevy described in Section 1.02 above: Total General Levy: .0144% of Taxable Market Value Amount: Maximum Allowed by Law Section 4. Report to City and Filin�: of Levies. 4.01. The Executive Director of the Authority is hereby instructed to transmit a certified copy of tbis Resolution to the City Council for its consent to the General Levy. 4.02. After the City Council has consented by resolution to the General I,evy, the Executive Director of the Authority is hereby instructed to transmit a certified copy of tlus Resolution to the Cowrty Auditor of Anoka County, Minnesota. PASSED AND ADOPTED BY 'THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CIT'Y OF FRIDLEY, NIINNESOTA THIS 7�`DAY OF SEPTEMBER, 2006. � WREN CONIlV�RS - CHAIRPERSON ATTEST: � � �. WII.,LIAM W. BURNS - HRA DIRECTOR C� HRA RESOLUTION NO. 2006 - 03 A RESOLUTION ADOPTING A 2006 TAX LEVY COLLECTIBLE IN 2007 BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority"), as follows: Section 1. Recitals. 1.01. The Authority is authorized by Minnesota Statutes Section 469.033 to adopt a levy on a11 taxable property within its area of operation, which is the City of Fridley, Minnesota (the ��Ci��. 1.02. The Authority is authorized to use the amounts collected by the levy for the purposes of Minnesota Statutes Sections 469.001 to 469.047 (the "General Levy"). Section 2. Findin�s. 2.01. The Authority hereby finds that it is necessary and in the best interests of the City and the Authority to adopt the General Levy to provide funds necessary to accomplish the goals of the Authority. Section 3. Adoption of General Levy. 3.01. The following sums of money are hereby levied for the current year, collectible in 2007, upon the taxable property of the City for the purposes of the General Levy described in Section 1.02 above: Tota1 General Levy: .0144% of Taxable Market Va1ue Amount: Maximum Allowed by Law Page 2 — Resolution No. Section 4. Report to City and Filin� of Levies. 4.01. The Executive Director of the Authority is hereby instructed to transmit a certified copy of this Resolution to the City Council for its consent to the General Levy. 4.02. After the City Council has consented by resolution to the General Levy, the Executive Director of the Authority is hereby instructed to transmit a certified copy of this Resolution to the County Auditor of Anoka County, Minnesota. PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY 1N AND FOR THE CITY OF FRIDLEY, MINNESOTA THIS 7th DAY OF SEPTEMBER, 2006. LAWRENCE R. COMMERS - CHAIIZPERSON ATTEST: WILLIAM W. BURNS - HRA DIRECTOR RESOLUTION NO. 2006- A RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA ADOPTING A 2006 TAX LEVY COLLECTIBLE IN 2007. BE IT RESOLVED by the City Council (the "Council) of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority") at its regular meeting on September 7, 2006, adopted the attached HRA Resolution No. 2006 - 03 : A Resolution Adopting A 2006 Tax Levy Collectible in 2007. 1.02. The Council must consent to any Authority levy prior to its becoming effective as required by Minnesota Statutes Section 469.033. Section 2. Consent. 2.01. The Council hereby consents to the HRA Resolution and to the levy described therein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA THIS 11THDAY OF SEPTEMBER, 2006. SCOTT LUND — MAYOR ATTEST: DEBRA SKOGEN, CLERK � � CffY OF FRIDLEI' TO FROM DATE: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director September 11, 2006 PW06-057 SUBJECT: Resolution — School District Request for Parking Restrictions on Talmadge Way Duane Knealing of the Fridley School District has requested that the City restrict parking in the Talmadge Way west cul-de-sac. This cul-de-sac is of a substandard size due to the right of way constraints and buses cannot turn around if anything is parked on the street in this area. It is actually difficult to turn any large vehicle around when parking exists. There is a handicapped child in the area who needs to be picked up at her home rather than walking down the street to be picked up at the intersection. Although the handicapped accessible bus that will be traveling this route is not a full size 66 passenger bus, there is still not room to turn around in the cul-de-sac if any vehicles are there. The alternative is to back the bus several hundred feet to the intersection until it can pull out forward. This is not desirable due to the safety problems it creates. The proposed parking restrictions are between 7 am and 4 pm Monday through Friday only. This would be year round due to summer school activities. As this is a request from the School District rather than a petition from the neighborhood, staff felt it was appropriate that the City Council act upon this through a Resolution rather than through a simple motion. Letters to the three properties directly affected by this parking restriction were mailed out on September 1, 2006 informing them of this proposed Council action and explaining they will have an opportunity to comment on it at the September 11, 2006 Council meeting. Recommend the City Council approve the attached Resolution imposing parking restrictions on the west end cul-de-sac of Talmadge Way. JHH;jb Attachments RESOLUTION N0.2006- RESOLUTION RESTRICTING ON STREET PARKING BETWEEN THE HOURS OF 7 AM AND 4 PM, MONDAY THROUGH FRIDAY, IN THE WEST CUL-DE- SAC OF TALMADGE WAY. WHEREAS, the Fridley School District has requested a restriction of a on-street parking in the west cul-de-sac of Talmadge Way, and WHEREAS, the west cul-de-sac of Talmadge Way is substandard size due to right of way restriction which make turning around large vehicles very difficult, and WHEREAS, the School District needs to send a bus down the west leg of Talmadge Way to pick up a child with special needs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley, Anoka County, Minnesota approves the restriction of on street parking in the west cul-de-sac of Talmadge Way between the hours of 7 am and 4 pm, Monday through Friday and direct the Public Works department to install the appropriate signage for such restriction. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF SEPTEMBER, 2006. SCOTT J. LUND - MAYOR ATTESTED: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIdLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director September 11, 2006 Renewed Plat Approval, Final Plat PS #OS-06 PW06-059 The attached Resolution approves the Final Plat PS #OS-06 which corrected right of way boundaries and allows for a land sump with the adjacent property generally located at 151 Glen Creek Road. This was originally approved on October 24, 2005 but was not filed within the allowed six month period due to complications with the title work. All issues have since been resolved and only require this revised resolution to complete the filing. JHH;jb Attachment RESOLUTION NO. 2006- RESOLUTION APPROVING A PLAT, P.S. #05-06; TRACT D OF RLS #239, 151 GLEN CREEK ROAD, BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CORRECTING AND CLARIFYING RIGHT-OF-WAY BOUNDARIES AND ALLOWING FOR THE FUTURE LAND SWAP OF EXCESS RIGHT-OF-WAY. WHEREAS, the Planning Commission held a public hearing on July 6, 2005, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat (Registered Land Survey or RLS) for 151 GLEN CREEK ROAD at their July 25, 2005, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of RLS #239 for 151 GLEN CREEK ROAD has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat (RLS) for 151 GLEN CREEK ROAD and directs the petitioner to record said document at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF SEPTEMBER 2006. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Page 2- RESOLUTION NO. 2006- EXHIBIT A STIPULATIONS l.Staff does not recommend any stipulations as this land is already under City control. �C .��3s� �8 � REGISTERED LAND SURVEY N4. ANOBA COUNTY, MINNESOTA 40 0 'FO 80 SCALE �N �T I INCH = 40 FEET N • Denotes iron monument • found, unless otherwise noted O Denates iron monument set, marked with RLS No. 17256 For the pucposes of this R.LS. the east I'me of Lot 9. Blodc i, OAK CREEK ADDITION is ossumed to beor North i degree 31 minutes 40 seconds West � / ; /' , 1 nr v� ' � ; LV 1 / N R 1 11'l ^1 Ir` - / -.IS r�vV. �:V1�. i -.-+ � ^t �i� irv. / / , i Y \k�� /�' �O aW W `J°`\�� / � o�iwc�iw /�i� � I10 � �`v�i0« , i D��APPROp1AATE r� �w o<° � a � \iLEA� PER I �Y�WYO � Wm<�m< CJ PLAT OF �OAK I � �`' CRmC A�ON-� , m 3 F— � �`� � � ,°v o Y `� � �� vV� ta _� � ;��J�� I 2 pW � ,� JW¢ :� v � OU ^ —9 �Y 1 L� ,o � zo c� � o=" �� , \ 0 I •T-JJ �C vrma 116�00'00� Eq�NT PFR 1 c� �,\ PIAT OF 'onK �'y ` \ CRFD( AD�H-� � �a¢o,� � RIqiT � WA1�� " Q,A,_�/� F.ASE)AENT PER -��C \ J` DOC. N j I� Y�� / , 1972683.00�,� h / � 5 1 -�� \ CITY OF FRIDLEY COUNTY OF ANOKA "� ,�. C. 10. T. 30, R. 24 � } � I ' c� v � ` ^,`V �� I �� ,� � � ` ,' r� �v��`� �^�`,�.-, �-CENTFRI.ME OF �L, � V`, ,C,, . �K S � � � �A11� A 111'1A1 L.VIVV nvv�v. ` — _ �� FOIIJD 1/Z• PWCHFD IRON � �o % � � _ � _� / /�� / _—�--�—� � � ------' � / � . / / / / � / / n `` ` _� 1 � �� J� h �� v O 1 � E UNE pF �.OT IQ. BIJG i. h OAK CREEIC ADDN.. ALSO N'LY-� PORTION OF DMDING L.9dE 9ETYVEDI LAT 9!c LOT IQ BLK. I. OAK CRE�CC ADDN. RIqiT OF WAY MOST E'LY SE C�IER OF ��aT � LOT 10. BLK !, OAK DOC. NR CREEK ADDN. ALSO ANGLE 4813520DI-� Parar—eour�aRY cow�Ex , �w /� ' �o��c� Aua�.-_ 5�0`6 � �_. DIJ W'LY LWE OF LOT 9 k:s'LY -�� L1NE OF LOT 10, BLK 1. OAK �� 1 CREEIC ADDN. : � .;c.l y r t �.or io, eix i.—� � � oac c�mc • `� � ao�r+- � �tsz „�— \ 1 � LOT 9 g,� �tEpC �` � LOgETyiFfN� M pr.. T � � ppDN» �� p� l0T $� � Oi� � � ��{ � ;� t h�\' � � �Y �• JISAK �( � p�' zy • �� 10, �'� �%' � g y�'� � � AUUK• _� � %Cra � �,�"O ,,s- � 30 � �y3y 5c � R�.. GB ''%Q,�,c yr 4 ,� � " �.[ c+ +E .`. �9 Y� � �.��61:-____ �-- � � 6--- l ��o %30b G, \ �� `� i i �� 1�� \ t�.� N. UNE OF lOT B. I � \� � ...-�:. �i 0� �m� LINE PARALLEL WITH��r DMDM6 UNE �� DIVIDING LINE BETYYEEH .n � LOT 9.dc LOT 9 dc LOT 8. BLK. �. LOT 8. BLK..I; �OAKI OAK CREE1c ADDN. � �� ''"— SBB°2T'32"E---� °��9 s(PC,a r) i�e.o� (M�as> r� v � � S �� ;1\J\ r �J� r` �� /� J��+ � � ..R�� R,,. ON/ N �YY6 �m�a UmVZ i� Z�O< �,� .,,. � 5 L�� L��/J i F-Y � l.L i �W L � � 10 ( o� � I �Y z o �„� �-Z <C "° OI vWim°a - I � 1 �U.Ilt�.e Land sorve3'ing, LT�C- SEEET 2 OF 2 SBEE7� � � CffY OF FRIDLEI' Date: To: From: Subject AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 October 14, 2005 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Final Plat, PS #05-06, City of Fridley and Mr. and Mrs. Craft I►�iQi��I�7 INTRODUCTION On July 6, 2005, the Planning Commission considered plat request PS #OS-06, by the City of Fridley. City of Fridley, Petitioner, seeks to replat the properties located at 151 Glen Creek Road and a city-owned lot directly south of Glen Creek Road to better define right-of-way boundaries. As a part of the 2005 street reconstruction proj ect in this neighborhood, curb and gutter are being installed on Glen Creek Road. The Glen Creek Road area does not have sufficient right-of-way in certain areas to construct the proposed typical street section. As a result the road is being slightly widened. Because of the street construction project the City is cleaning up improper lot lines. The current right-of way map does not match the existing location of the road. By later Council action, the Public Works Director hopes to trade excess right-of-way with adj acent property owners for right-of-way easement that is needed for the widening of the service road. Adj acent property owners, the Crafts at 145 Logan Parkway, are supportive of the land swap proposed. PAST COUNCIL ACTION At the July 25, 2005, City Council meeting the preliminary plat was approved. RECOMMENDATION City Staff recommends final plat approval of PS #OS-06 Glen Creek Road plat as submitted. � � CffY OF FRIdLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director September 11, 2006 Renewed Plat Approval, Final Plat PS #OS-07 PW06-060 The attached Resolution approves the Final Plat PS #OS-07 which corrected right of way boundaries and allows for a land sump with the adjacent property generally located at 160 Ely Street. This was originally approved on October 24, 2005 but was not filed within the allowed six month period due to complications with the title work. All issues have since been resolved and only require this revised resolution to complete the filing. JHH;jb Attachment RESOLUTION NO. 2006- RESOLUTION APPROVING A PLAT, P.S. #05-07; TRACTS A&C OF RLS #238, 160 ELY STREET/160 LIBERTY STREET SERVICE DRIVE, BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CORRECTING RIGHT-OF-WAY LINES RESULTING FROM A SLIGHTLY WIDENED SERVICE DRIVE AND ALLOW FOR THE LAND SWAP OF EXCESS RIGHT OF WAY. WHEREAS, the Planning Commission held a public hearing on July 6, 2005, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat (Registered Land Survey or RLS) for 160 ELY STREET AND 160 LIBERTY STREET at their July 25, 2005, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of RLS #238 for 160 ELY STREET AND 160 LIBERTY STREET has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat (RLS #238) for 160 ELY STREET AND 160 LIBERTY STREET and directs the petitioner to record said document at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF SEPTEMBER 2006. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Page 2 RESOLUTION - 2006- EXHIBIT A STIPULATIONS l.Staff does not recommend any stipulations as this land is already under City control. � � CITY OF FRIDLEY REGISTERED LAND SURVEY N4. .=."=� £� s�'3T T-°3o "RK24 �o� �o�, �SO�A ' \ I hereby certify that in occordance with the provisions of Chapter � 5D8, Minnesoto 5tatutes of 1949, os amended, I hove surveyed the following described tract of land in the County of Anoka, � State of A�innesota, to wit �L ;'. �� R�L % _ _ m ��:K.A. R.^�SEL�: AC£% —� I : <J 1°� o •"' n z :rz<= ;I ��g o� < , ZNY1�- J �mgo �-, � �� x h O ; � .;� � � e � Z i ; „;. J L, ►, i r � �> r; �-. � r �:� i� ivv i�v�lre � A 1 I �� r,�.��.. � A nll1� A r"11 V V f n N v � 1 `\ ' m o no= F-z<•. o¢ z JdY2 a �:'<i ti �eS�Y 3YO� _ ZmmU M89°39'07°E 24.28 (ME�4Si � 22 (PLAT) ,�,� ��-"5�� .1 � C N � v ci+ a �+i '7] �� vi C7 – � �� ( .'`..�, � a� � �� t ' I L r � � � �� i ��, _z��'. ,�� SB9�9�7'W 7Z27 (6 � � � � /�/'� �nIT/ vV 1 V I I� „„ 3 � v Na �O z my' O� N � O c �g= J Z � m � O Z Z H �a� � � U �`�� O Denotes iron monument set, moriced with RLS No. i�25s Lots 12, i3 and 36, Block 12, "SPRING BROOK PARK, ANOKA COUNTY, MINN.", occording to the recorded plot thereof. Anoka County, Minnesota � hereyy certify thot this Registered Land Survey is a correct delineation of said survey. Dated this /D� doy of �C.fbbPX 200�. BY �QL� �ir�..�Y � Scott J. oukup, R.4S. Minnesoto License No. 17256 This Registered Land Survey was opProved and accepted by U►e City Counc� of the City of Fridley, \ IAinnesota, at a regular meeYmg ther 2f�he.id this day of � C� � C�l ` U � � f � � � � O � ,�o� �� i� v V � � �h 'o `� \ �; � i _� � �% p � ��o� E � N,� 8 �t} 4� �s �- � �� s N �7 � � CT O rn qTY COUNGL OF THE GTY OF FR��LEY� MINNESOTA By. Mayor BY- Manager Chedced and opproved this � Of ��–�' � \ BY Moko County Surveyor r� � �� -CENTFRLINE OF NORTHERM i PpqFlC RAILROAD r-. "�'` � 'Y \For the purposes of this � R.LS. the north line of Lot e� 36, Blodc 12. "SPRING BROOK � � 1 PARK. ANOKA COUNTY. MINN.° — is ossumed to bear North 69 � �� degrees 39 minutes 07 � � � seconds Eost �— � � \ A A1�1�1 •• 1 V 1 I 1 v I v. - SB9°39'07"W � 9292 (MEAS) � 9/ (PLAT) L��ERr, �; R� � m � � O 1+ n � 30 0 30 60 (�K.:,. L:�`R;. �:£,i SCALE IN FEET ��na,� 1 INCH = 3o FEE7 —� Land Snrveying, I.T.C- �� CffY OF FRIDLEI' Date: To: From AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 October 14, 2005 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Subject: Final Plat, PS #05-07, City of Fridley and 160 Ely Street /160 Liberty Street M-05-89 INTRODUCTION On July 6, 2005, the Planning Commission considered plat request PS #OS-07, by the City of Fridley. As a part of the 2005 street reconstruction proj ect in the northwest part of the city, the Public Works Director has discovered a need to clarify right of way boundaries along a service drive from Ely Street to Liberty Street along the railroad tracks. The replat is of City owned property located in the public right-of-way service drive and property located at 160 Ely Street and 160 Liberty Street, which is owned by a business at 160 Ely Street and 160 Liberty Street. The replat will correct right of way lines resulting from a slightly widened service drive and allow for the land swap. The Public Works Director hopes to trade excess right-of-way with adjacent property owners in exchange for land that is needed for the widening of the service road. The owners of 160 Ely Street and 160 Liberty Street are supportive of the land swap proposed. It will allow them to expand property square footage, and as a result, the owners may be able to expand the building square footage in the way they wanted. City Staff and the Planning Commission recommended approval of the final plat request, PS #OS-07. PAST COUNCIL ACTION At the July 25, 2005, City Council meeting, the preliminary plat was approved. RECOMMENDATION City Staff recommends final plat approval of PS #OS-07, the Ely/Liberty Street service drive plat as submitted. � � CffY OF FRIdLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director September 11, 2006 Award of Salt, Sand Storage Building Contract PW06-058 The 2006 Capital Improvement Program included funding for a shelter for storage of our salt and salt/sand mix used for ice control. This shelter is needed to meet stricter Ml'CA rules for the storage of salt. $175,000.00 was budgeted for this project. This project was advertised over three weekends in August. Proposals were requested to include the design and construction of a complete package. The exception was that the interior of the shed would be paved using city forces. Two proposals were received by the submission deadline. Greystone Construction submitted a proposal for the amount of $104,510.00. Dome Corporation of America submitted a proposal for the amount of $148,625.00. A third proposal was submitted a week late, but was at a much higher cost anyway. The proposal that best met the City's needs and at the best cost was provided by Greystone Construction of Shakopee, MN. They proposed a fabric covered structure with steel frame by Cover-All Building Systems. Cover-All is a well known and respected brand for these structures. Greystone is a reputable company that has done work for us in the past. Recommend the City Council award the Salt, Sand Storage Building Project #369 to Greystone Construction of Shakopee, MN in the amount of $104,510.00. JHH;jb Attachment i` City of Fridley Proposal Form for SALT SAND STORAGE BUILDING City of Fridley Municipal Project #369 Jon Haukaas, DPW 6431 University Ave. NE Fridley, MN 55432 The undersigned, as bidder, hereby proposes and agrees to enter into a contract with the City of Fridley, Minnesota to design and build on Salt Sand Storage Building on the Fridley City Garage property located at 400 71St Ave. NE, Fridley, MN 55432, complete and in place, in accordance with the plans and specif'ications prepared by the City Engineer, City of Fridley, for the following Total Bid amount: O�p TOTAL BID = $ ld � �� A bid bond, or certified check, in the amount of at least five percent, (5%) of the total estimated bid is enclosed herewith as guarantee that if this proposal is accepted, the bidder will enter into a contract and furnish a performance and payment bond within ten (10) days after his proposal is accepted, and it is agreed that said bid bond or�e ble o conh�a t aand furnish bond.y �e City of Fridley for damages if the bidder refuses or is The bidder agrees to guarantee all work performed under this contract and to redo and/or repair any work which may be rejected due to defective material or workmanship, within one (1) year after completion and acceptance of the project by the City of Fridley, Minnesota. If this proposal is accepted, bidder agrees to commence work on or about September 15, 2006, and to complete all work on or before November 15, 2006, subject to the provision of the contract documents. It is understood and agreed that the owner reserves the right to reject any or all bids and to waive formalities. It is further understood and agreed that this proposal may not be withdrawn within thirty (30) days after bid closing date. Receipt of the following addenda to the Specifications is acknowledged: 23 wf � � Page 1 of 2 Addendum No. � dated g�(S�o(o Addendum No. dated . � C�d� �e v t� w• C� ' r� e�-`- Qc es �d�e.� Greystone Construction Co " - 50o S. Marschall Road, Suite 300 Shakopee, MN 55379 � _ • — �� : Title Company Name Address Telephone No. Fax No. 4—��s y19� CoY�.� a �- , S� � rr�,��.� so� 24 State whether the Bidder is sole proprietor, a partnership or a corporation, and if a corporation, the state in which it is incorporated: �, 0 � AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 CffY OF FRIDLEI' To: William W. Burns, City Manager From: Captain Brian Weierke Date: 09-11-06 Re: School Resource Officer Contract In 2005, the City of Fridley and the Fridley School District continued a formalized approach with the School Resource Officer Program utilizing a School Resource Officer contract. The contract is an agreement in writing of the duties, funding, and obligations for the School Resource Officers. For the upcoming 2006 - 2007 school year, the Fridley Police Department has committed to furnishing two police officers to Fridley Independent School District #14. One will be assigned to the Fridley High School, and the other will be assigned to the Fridley Middle School. Recently, Public Safety Director Abbott and I met with school officials about any concerns or changes that needed to be made for the 2006 - 2007 school year. The 2006 - 2007 contract is attached and was signed by Public Safety Director pon Abbott and School Superintendent Mark Robertson. The only change to the new contract is the funding required for the two School Resource Officers increased for the school district. In 2005 - 2006 the amount was $60,778. In 2006-2007 the amount of the contract is for $62,602 which is a 3% COLA increase from last year. This contract was read and approved by Fridley City Attorney Fritz Knaak This year's contract language has not changed, except for the salaries and benefits for the officers. While the School District is paying for one half of the officers assigned to the schools, the Public Safety Director maintains control over the officers' assignments and duties. The term of the contract is from September until June and is renewable yearly. The City of Fridley and the School District may exercise a 30-day cancellation agreement at any time. Staff recommends City Council approval of the School Resource Officer contract Attachment SCHOOL RESOURCE OFFICER CITY OF FRIDLEY / FRIDLEY SCHOOL DISTRICT #14 SERVICE AGREEMENT This agreement is made this day of , 2006, pursuant to M. S. 471.59 by and between the City of Fridley (City) and Independent School District #14 (School District). 1. PURPOSE The City of Fridley and the Fridley School District wish to participate in a School Resource Officer Program. Both the City and the School District agree that a more formalized approach to the School Resource Officer Program is needed to improve understanding and promote mutual respect between police, school, staff, counselors, parents and students. The purpose of this Agreement is to set forth in writing the terms and conditions of the mutual duties and obligations and to create, fund and implement the position of School Resource Officer (SRO). 2. FUNDING The School District will fund the following expenses in connection with the School Resource Officer (SRO): The School District will fund one-half of the salaries and benefits for two SRO's during the school year, totaling $62,602 for the 2006-07 school year. This amount shall be based on the two, assigned officer's salaries and benefits per month for the 4 months in 2006 (September-December) and 5 months in 2007 (January-May). The School District officials and the Fridley Public Safety Director shall determine the specific days/hours to be worked under this agreement. 3. SERVICES This City shall provide the services of two licensed police officers and related support services and supplies to assist the School District in establishing a School Resource Officers Program. The officer's will have primary responsibility in serving as a resource person to faculty, classroom members and school administrators in the promoting of positive juvenile behavior. The School District agrees to provide adequate office space, telephone and other reasonable clerical support services. Basic assignments will include one officer at each the High School and Middle School with occasional support at other facilities as needed. 4. PAYMENT The City shall provide billing to the School District for services provided in this Agreement, and the School District will remit payment to the City on a quarterly basis. TERM this Agreement shall commence on the Sth day of September, 2006, and shall end on the last day of school. Thereafter, it shall be renewed on a yearly basis by mutual agreement. Either party may cancel this Agreement with a 30 day written notice. 6. GENERAL PROVISIONS It is expressly agreed that the School Resource Officer is a City employee and shall not be considered an employee of the School District for any purpose including but not limited to salaries, wages, other compensations or fringe benefits, Worker's Compensation, Unemployment Compensation, P.E.R.A., Social Security, Liability Insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The City shall assume all liability for the actions taken by the SRO in the performance of his/her duties as a Peace Officer. The SRO will report to and be directed by the Fridley Public Safety Director or his designee, but will receive general and daily direction from the assigned school building administrator. Representatives of the School District and the Public Safety Director or his designee shall negotiate resolution of unforeseen problems arising in this program. 7. SCHEDULING The duty hours of the SRO are flexible and will be primarily coordinated with the school day and activities. The SRO will make daily contact with the Police Department for the purpose of keeping abreast of incident reports and other City activity. The SRO may be required to conduct juvenile investigations. Anytime an SRO must take a day off or schedules vacation during the school year, he/she will coordinate school coverage with the other SRO. SRO's will attempt to refrain from taking time off at the same time. During non-school periods, the City will determine the SRO duties and schedule. 8. DISCRIMINATION The City and the School District agree not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age or religion. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THIS date: City of Fridley Fridley School District #14 Scott. J. Lund, Mayor Mark Robertson, Superintendent Donovan W. Abbott Public Safety Director � � AGENDA ITEM COUNCIL MEETING OF SEPTEMBER 11, 2006 CffY OF FRIDLEI' CLAIMS 128121 - 128306 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 LICENSES Type of License � FOOD ESTABL/SHMENT Chanticlear Pizza Mary Heille 1262 E Moore Lake Dr. Fridley, MN 55432 (New Owner) LAWFUL GAMBL/NG Cancer Benefit Fund 7485 North Shore Circle Forest Lake, MN 55025 (To be held at Medtronic) Barbara Fellegy Approved By: Public Safety Director Fire Inspector Community Development Public Safety Director City Clerk � AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 �°F LICENSES FRIDLEI' Contractor T e A licant A roved B A& A Heatin A/C Heatin Mike Ables Ron Julkowski, CBO Changing Climates Inc Gas Jay Holden Ron Julkowski, CBO Crosstown Si n, Inc Si n Erector Bets Wein artner Ron Julkowski, CBO Facilitech Heatin /Gas Wade Brooks Ron Julkowski, CBO Hansen Htg, Inc Heating Mark Hansen Ron Julkowski, CBO JR & Co, Inc Roofing John R Schuller Ron Julkowski, CBO Scenic Si n Si n Erector Bob Gruber Ron Julkowski, CBO T& T Mechanical Gas La Tha er Ron Julkowski, CBO � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 ESTI MATES Park Construction, Inc. 500 — 73rd Avenue N.E., Suite 123 Fridley, MN 55432 2006 Street Improvement Proj ect No. ST. 2006 — 1 EstimateNo. 5 ..................................................................................... Midwest Asphalt 5929 Baker Road Suite 420 Minnetonka, MN 55345 Third Street HRA Proj ect No. 3 69 EstimateNo. 1 ..................................................................................... $638,646.96 $119,990.89 � � CffY OF FRIDLEI' T0: FROM: RE: DATE: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK PUBLIC HEARING FOR TARGET STORE T-22 755 53RD AVENUE NE SEPTEMBER 6, 2002 Target Store T-22 has applied for an off-sale 3.2% malt liquor license. City Code requires that a public hearing notice be published and that a public hearing be held to consider the approval of an off-sale 3.2% malt liquor license. The City Code also states that the license can not be approved during the same meeting. The public hearing notice is shown in Attachment 1 and was published on August 24, 2006. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. Staff recommends holding a public hearing for an off-sale 3.2% malt liquor license. The final approval of the license is scheduled for September 25, 2006. Attachment 1 CITY OF FRIDLEY PUBLIC HEARING BEFORE TI� CITY COUNCIL Notice is hereby given that the Fridley City Council will hold a public hearing at its regular meeting of the City Council at the Fridley Municipal Center, 6431 University Avenue Northeast on Monday, September 11, 2006 at 730 p.m. on the question of issuing an off-sale 3.2% Malt Liquor License to Target Store T-2200, located at 755 53rd Avenue NE. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require au�liary aids should contact Roberta Collins at 572-3500 no later than September 6, 2006. Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published.• August 24, 2006 in the Fridley Sun Focus � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 William W. Burns, City Manager John Crelly, Assistant Chief September 7, 2006 Reinstating the rental license for 6551 Channel Road On June 26, 2006 City Council voted 5 to 0 to revoke the 2005 - 2006 rental license for 6551 Channel Road. The owner was notified in writing on June 28, 2006 as to the status of the rental license. In addition, the owner received details on how to get the rental license reinstated. To date the property owner, Hyder R. Jaweed, has complete the following steps: 1. Corrected all open correction items documented at 6551 Channel Road by Inspector Long. This was completed on August 2, 2006. 2. Staff verified that no other department in the City has any open issues associated with 6551 Channel Road. 3. All fees and utility bills have been paid in full. 4. The owner has submitted a new application for a 2005 - 2006 Residential Rental Property License and paid the fee to reinstate the license. 5. NOTE: The owner has applied for a 2006 — 2007 license which runs from October 1, 2006 to September 31, 2007 The owner has completed all the steps listed in the June 28, 20061etter. Staff recommends that the 2005 — 2006 rental license for 6551 Channel Road be reinstated. In addition, we recommend that the application for a 2006 — 2007 1icense be approved. � � CffY OF FRIDLEI' Date To From: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 September 7, 2006 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Subject: Legislative Action Item- To Consider Revocation of Special Use Permit #89-08 for Sam's Auto World, generally located at 7570 Highway 65 NE Introduction Staff found the sale of vehicles at Sam's Auto World, outdoor storage, and the operation of auto salvage to be a violation of their special use permit, and, therefore, recommended that the City Council consider revocation of SP# 89-08. Since initiation of the hearing, Samier Awaijane has agreed to surrender his State license to lease/sell automobiles and he has also agreed to bring his property into conformance with SP # 89-08. Recent History On August 28, 2006, Council continued its public hearing and heard from Jeff Carson, Attorney for Mr. Awaijane. Mr. Carson indicated that that he personally had visited the site and understands that there are issues. As he understood the case the issues primarily center on the sale of automobiles. As a result, Mr. Carson was willing to concede on behalf of his client, Mr. Awaijane, that the State Lease License would be surrendered to the State after 60 days. With this solution, his client would agree to no car sales or leasing on his site after that 60 day period. In the 60 days between now and the time he would surrender his lease license, he also indicated his client would liquidate his entire inventory. Council asked that staff determine the appropriate resolution for this matter based on the offer to surrender all State sales licenses as proposed by Mr. Carson. Staff indicated that surrendering the license would go a long way toward compliance, however, a review of other outstanding violations would have to be completed to assure that as we move forward that there would be no outstanding issues outside of automobile sales. On Thursday, September 7, 2006, staff inet with Samier Awaijane, Attorney Jeff Carson, and Bookkeeper Bob Becker. The purpose of the meeting was to walk the site at 7570 Hwy 65 and examine specific areas of the site and determine acceptable resolutions for any inconsistencies that may exist between current conditions and the original S.U.P. requirements. Enormous progress had been made towards compliance. Beyond volume of vehicles to be liquidated, the biggest issue is the storage area south of the two buildings. Since our Meeting on August 28, 2006, Samier Awaijane has had his staff removing stored materials, rebuilding shelving units to lower the overall height of potential storage areas, and repairing broken portions of the fence that was originally installed for screening. Mr. Awaijane intends to have the entire site organized and improper storage eliminated within the next couple weeks. Recommendation Staff recommends that Council take no action on the revocation of SP #89-08 at this time. Further, staff recommends that Council set on record November 15t'', 2006, as the final date in which the City will allow a state license for auto leasing at 7570 Hwy 65. A letter will be sent to the State, by staff, in that regard. Finally, staff recommends that the city Council open a new public hearing in six months (March 12, 2007). While in the mean time, allow Sam's Auto World an opportunity to continue with its existing S.U.P., but to note that performance will be evaluated by staff during that 6-month period and will report back to Council with their recommendation on the disposition of SP#89-08 in March. A resolution to Revoke SP #89-08 has been attached if Council elects to revoke SP #89-08 at this time. RESOLUTION NO. -2006 A RESOLUTION REVOKING SPECIAL USE PERMIT #89-08 FOR SAM'S AUTO WORLD TO OPERATE A BODY SHOP/REPAIR GARAGE IN AN M-1 ZONING DISTRICT, GENERALLY LOCATED AT 7570 HWY 65 NE WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS, City Zoning Code Section 205.05.5.G requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulation of the issued permit; and WHEREAS, the Fridley City Council held a public hearing regarding the special use permit SP #89-08, allowing a Body Shop/ Heavy Repair Garage in an M-1 zoning district at Sam's Auto World, generally located at 7570 Hwy 65 on August 14, 2006, August 28, 2006, and September 11, 2006; and WHEREAS, approval of SP #89-08 included several stipulations which needed to be met in order to continue to operate the Sam's Auto World business located at 7570 Hwy 65; and WHEREAS, City staff conducted numerous inspections prior to the public hearing of August 14, 2006; and WHEREAS, City staff found and reported to the City Council at the August 14, 2006 public hearing that a key stipulation were not being met on the property; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after listening to all the facts presented at the public hearing, makes the following FINDINGS OF FACT: 1. That the City of Fridley and its staff have acted within the Fridley Zoning Code; and 2. That the City of Fridley staff accurately represented the condition of the property when they inspected it, finding several items of noncompliance of a stipulation of the special use permit; and 3. That the City of Fridley staff communicated the points of noncompliance verbally and in writing to the business owner during the inspection and in writing prior to the public hearing; and 4. The business owner and property owner were notified by mail of the August 14, 2006 public hearing; and 5. That a public hearing was held on August 14, 2006, allowing the City Council to take testimony on this property; and 6. That as of August 28, 2006, the property continues to be in violation of the special use permit action taken letter dated November 20, 1991; and BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evidence before it, expressly finds that the foregoing recitation is true and correct and incorporates it as part of its Findings of Fact. BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the City of Fridley hereby revokes the special use permit SP #89-08 to operate a junkyard in an M-1 district at Sam's Auto World, generally located at 7570 Hwy 65. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � AGENDA ITEM ��F CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 FRIDLEI' INFORMAL STATUS REPORTS