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09/25/2006 - 6111� y �► .w . ... � . +' , ' � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 7:30 p.m. - City Council Chambers Attendance Sheet AL�ASF AR/NT NAMF, A�DRFSS ANfl /i'FM Nl/MBFR YaU AR� /NTFRFSTFD /M. Print Name (Clearly) Address Item No. ' '� '/ �JJ"� � � �j ''') /7 i / � � � 1 �� C� � � -Y F`'v� J � �� l C� � �.'/ i �.� 5 � V � • J� � d 1 � �� ' " - y�.�ti�; ��. �� _� ' �" �C` 4�� )�r'tc-� � � �,. �=t �.�+.�-µu S s �3 � 1 `� .,S Cz--L— — --{--� - /'t r > < .�...c,,%_ , J ,..��u.-' ` ��'' l� l. V�"�' � �� -�`� �� ^ �f � �� ,,,`� G'� �� - ��_ �. l� i•� C. 1... L( L �J' ��.. �� P i l_ �Z. � e J T �� > - �� „�.� :�� : � c r ;� -,� '� � r- .� FR/DLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 r __r�� I� I �� (7fY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. CERTIFICATE OF APPRECIATION: Knights of Columbus Council #9585 PROCLAMATIONS: Student Foreign Exchange Week: Inna Maslova from Latvia Batuhan Aydin from Turkey Dimitri Rechard from France Anvar Valeyev from Turkmenistan Fire Prevention Week: October 8-14, 2006 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 11, 2006 Special City Council Meeting of September 13, 2006 ti�'�" NEW BUSINESS: �� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: 3. Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. ST. 2005 — 3 ................................... 11 -12 /_ � f0' �� 4. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. 2006 —1 .................................. 13 -14 5. � Special Use Permit Request, SP #06-04, by Brent Anderson, for BDA Development Co., to Allow Limited Outdoor Storage in an M-2, Heavy Industrial 7 Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) ............... 1- 8 ��. C��° 2. Resolution Declaring Cost to be Assessed and �� Ordering Preparation of Proposed Assessment for the Street Improvement Project No. � 8 ST. 2005 — 3 .................................. 9- 10 C� �,j4,.0ti"�' I' `��v �� G�� n� I!" Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. 2006 —1 .... 15 - 16 n/�%��(� to,�Z (��- " I (/" Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Projecfi No. ST. 2006 — 2 ................................... 17 =18 �� C� Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. ST. 2006 — 2 .................................. 19 - 20 � ,� �'� �� '� Resolution Directing Preparation of the Assessment Roll for the 2006 Nuisance Abatement ................................... 21 - 22 �.b� �� ,.,� a FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 ____PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): NEW BUSINESS (CONTINUED): 15. Preliminary Plat Request, PS #06-01, by John Allen of Industrial Equities, to Combine a Parcel with a Section of Railroad Property, 9. Resolution Directing Publication of the Hearing Generally Located at 5110 Main Street on the Proposed Assessment Roll for the 2006 � N.E. (Ward 3) ................................... 54 - 57 Nuisance Abatement ......................... 23 - 24 �� 2� �,��,�,°'� 10. Receive Quotes and Award Project for Modification 16. Informal Status Report ...................... 58 of Apparatus Doors — Station 1.......... 25 � D��'�`" 11. Claims ................................... 26 � ADJOURN. ��'�2� 12. Licenses ................... ADOPTION OF AGENDA. .. 27 - 34 � OPEN FORUM (VISITORSI: Consideration of Items not on Agenda —15 Minutes PUBLIC HEARING: 13. Consider Amending the Fridley City Code, Chapter 114, Abandoned Junk or Unsafe Motor Vehicles ................................... 35 - 40 NEW BUSINESS: 14. Resolution in Support of the U.S. Mayors Climate Protection Agreement to Work Towards Taking �� Actions in our own Operations and Communities �� that Target a Reduction in Global Warming Pollution .................................. 41 - 53 � � CITY COUNCIL MEETING OF SEPTEMBER 25, 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. CERTIFICATE OF APPRECIATION: Knights of Columbus Council #9585 PROCLAMATIONS: Student Foreign Exchange Week: Inna Maslova from Latvia Batuhan Aydin from Turkey Dimitri Rechard from France Anvar Valeyev from Turkmenistan Fire Prevention Week: October 8-14, 2006 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 11, 2006 Special City Council Meeting of September 13, 2006 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Special Use Permit Request, SP #06-04, by Brent Anderson, for BDA Development Co., to Allow Limited Outdoor Storage in an M-2, Heavy Industrial Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) ................................................................................................ 1 - 8 2. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. ST. 2005 — 3 ........................................ 9- 10 3. Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. ST. 2005 — 3 ........................................................ 11 - 12 4. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. 2006 — 1 ............................................... 13 - 14 5. Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. 2006 — 1 ............................................................... 15 - 16 6. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. ST. 2006 — 2 ........................................ 17 - 18 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. ST. 2006 — 2 ........................................................ 19 - 20 8. Resolution Directing Preparation of the Assessment Roll for the 2006 Nuisance Abatement ......................................................... 21 - 22 9. Resolution Directing Publication of the Hearing on the Proposed Assessment Roll for the 2006 Nuisance Abatement .................................................................................... 23 - 24 10. Receive Quotes and Award Project for Modification of Apparatus Doors — Station 1 ..................................................................... 25 11. Claims .................................................................................................. 26 12. Licenses .................................................................................................. 27 - 34 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 4 PUBLIC HEARING: 13. Consider Amending the Fridley City Code, Chapter 114, Abandoned Junk or Unsafe Motor Vehicles.................................................................................................. 35 - 40 NEW BUSINESS: 14. Resolution in Support of the U.S. Mayors Climate Protection Agreement to Work Towards Taking Actions in our own Operations and Communities that Target a Reduction in Global Warming Pollution ................................... 41 - 53 15. Preliminary Plat Request, PS #06-01, by John Allen of Industrial Equities, to Combine a Parcel with a Section of Railroad Property, Generally Located at 5110 Main Street N. E. (Ward 3) .................................................. 54 - 57 16. Informal Status Report .................................................................................. 58 ADJOURN. !� O 'N `� � 'N v � � � � `� � v •� 'N `� � � U 0 � � � � �� : '� � � � � U � � � � � � � U � O `� � .� � � �o � •� �o °0 4 �,p � c°� � o '� b O ,� � ti � � � � ��,� ti '� o .� � � � ti � o� � ti � � ��o� ti `ti z% .�' � � ti�' o ,� V o ,a � ;�' � e,, a' '� � C�,� � `� c � N � � � � � ,�� °' o � � � o ti v � ,� a��,o�, o ''� �p � ,� ai c�.� � � � � � � � � � � � � ? y � � +� ��V'�� titi � o O � � p�o �O ti `'��. '� o.�.�� o � � �� 4� � � � O '� � � � •ti � � � � � � '�� .� �� N o '� '� � � � � � � �� b O 0 N � -0 � � `� � � � � � � � � A � � N ti � � o o � �1 � � � � ��i ( ��i � Student Foreign Exchange Week September �s - October �, �006 . , WHEREAS, ou� community's g�eatest asset is ou� youth; and WHEREAS, the Ame�ican Field Se�vice (AFS) o�ganizes and administe�s a p�og�am which b�ings students f�om a�ound the wo�ld to ou� community; and, WHEREAS, this inte�change of cultu�e and philosophy cont�ibutes to the education and matu�ation of ou� youth in many and va�ied ways; and, WHEREAS, it is the desi�e of the City of F�idley to show its app�eciation and suppo�t to ou� distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayo� of the City of F�idley, he�eby p�oclaim Septembe� 25 th�ough Octobe� 1, 2006, as Student Fo�eign Exchange Week, IN HONOR OF INNA MASLOVA FROM LATVIA BE IT FURTHER RESOLVED, that Inna Maslova be made an hono�a�y citizen of the City of F�idley, Minnesota, du�ing he� stay. IN WITNESS WHEREOF, I have he�eunto set my hand and caused the seal of the City of F�idley to be affixed this 25th day of Septembe�, 2006. Scott J. Lund Mayor � � � ��i ( ��i l Student Foreign Exchange Week September �s - October �, �006 �c WHEREAS, ou� community's g�eatest asset is ou� youth; and WHEREAS, the Ame�ican Field Se�vice (AFS) o�ganizes and administe�s a p�og�am which b�ings students f�om a�ound the wo�ld to ou� community; and, WHEREAS, this inte�change of cultu�e and philosophy cont�ibutes to the education and matu�ation of ou� youth in many and va�ied ways; and, WHEREAS, it is the desi�e of the City of F�idley to show its app�eciation and suppo�t to ou� distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayo� of the City of F�idley, he�eby p�oclaim Septembe� 25 th�ough Octobe� 1, 2006, as Student Fo�eign Exchange Week, INHONOR OFBATUHANAYDIN FROM TURKEY BE IT FURTHER RESOLVED, that Batuhan Aydin be made an hono�a�y citizen of the City of F�idley, Minnesota, du�ing his stay. IN WITNESS WHEREOF, I have he�eunto set my hand and caused the seal of the City of F�idley to be affixed this 25th day of Septembe�, 2006. Scott J. Lund Mayor � � � ��i ( ��i l Student Foreign Exchange Week September �s - October �, �006 . , WHEREAS, ou� community's g�eatest asset is ou� youth; and WHEREAS, the Ame�ican Field Se�vice (AFS) o�ganizes and administe�s a p�og�am which b�ings students f�om a�ound the wo�ld to ou� community; and, WHEREAS, this inte�change of cultu�e and philosophy cont�ibutes to the education and matu�ation of ou� youth in many and va�ied ways; and, WHEREAS, it is the desi�e of the City of F�idley to show its app�eciation and suppo�t to ou� distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayo� of the City of F�idley, he�eby p�oclaim Septembe� 25 th�ough Octobe� 1, 2006, as Student Fo�eign Exchange Week, IN HONOR OF DIMITRI RECHARD FR OM FRANCE BE IT FURTHER RESOLVED, that Dimit�i Recha�d be made an hono�a�y citizen of the City of F�idley, Minnesota, du�ing his stay. Scott J. Lund IN WITNESS WHEREOF, I have he�eunto set my hand and caused the seal of the City of F�idley to be affixed this 25th day of Septembe�, 2006. Mayor �� i ( ��i ( Student Foreign Exchange Week September �s - October �, �006 . , WHEREAS, ou� community's g�eatest asset is ou� youth; and WHEREAS, the Ame�ican Field Se�vice (AFS) o�ganizes and administe�s a p�og�am which b�ings students f�om a�ound the wo�ld to ou� community; and, WHEREAS, this inte�change of cultu�e and philosophy cont�ibutes to the education and matu�ation of ou� youth in many and va�ied ways; and, WHEREAS, it is the desi�e of the City of F�idley to show its app�eciation and suppo�t to ou� distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayo� of the City of F�idley, he�eby p�oclaim Septembe� 25 th�ough Octobe� 1, 2006, as Student Fo�eign Exchange Week, IN HONOR OF DIMITRI RECHARD FR OM FRANCE BE IT FURTHER RESOLVED, that Dimit�i Recha�d be made an hono�a�y citizen of the City of F�idley, Minnesota, du�ing his stay. IN WITNESS WHEREOF, I have he�eunto set my hand and caused the seal of the City of F�idley to be affixed this 25th day of Septembe�, 2006. Scott J. Lund Mayor � � � ��i ( ��i ( Student Foreign Exchange Week September �s - October �, �006 �� WHEREAS, ou� community's g�eatest asset is ou� youth; and WHEREAS, the Ame�ican Field Se�vice (AFS) o�ganizes and administe�s a p�og�am which b�ings students f�om a�ound the wo�ld to ou� community; and, WHEREAS, this inte�change of cultu�e and philosophy cont�ibutes to the education and matu�ation of ou� youth in many and va�ied ways; and, WHEREAS, it is the desi�e of the City of F�idley to show its app�eciation and suppo�t to ou� distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayo� of the City of F�idley, he�eby p�oclaim Septembe� 25 th�ough Octobe� 1, 2006, as Student Fo�eign Exchange Week, INHONOR OFANVAR VALEYEV FROM TURKMENISTAN BE IT FURTHER RESOLVED, that Anva� Valeyev be made an hono�a�y citizen of the City of F�idley, Minnesota, du�ing his stay. IN WITNESS WHEREOF, I have he�eunto set my hand and caused the seal of the City of F�idley to be affixed this 25th day of Septembe�, 2006. Scott J. Lund Mayor I� � � � �� ( �� FIRE PREVENTION WEEK October 8 - �4, �006 WHEREAS, the City ofFridley is committed to ensuring the safety and security ofall those living in and visiting our city; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has � documented through its research that cooking is the leading cause of home fires. One out of three home fires begins in the kitchen more than any other place in the home; and WHEREAS, Fridley's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Fridley's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, using proper care when cooking will have a positive effect on the home fire problem; and WHEREAS, each cooking fire that is prevented in Fridley is an opportunity to prevent painful injury and costly property damage; and WHEREAS, the 2006 Fire Prevention Week theme, "Prevent Cooking Fires: Watch What You Heat, " effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round. � NOW, THEREFORE, BE IT RESOLVED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the week of October8 through 14, 2006, as FIRE PREVENTION WEEK in the City of Fridley, and I urge all the people of Fridley to heed the important safety messages of Fire Prevention Week 2006, and to support the many public safety activities and efforts ofFridley's fzre and emergency services. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 25th day of September; 2006. Scott J. Lund, Mayor CITY OF COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 11, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:33 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Bolkcom Councilmember Wolfe OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Commemoration of 9/11 by Director of Public Safety, Don Abbott. PROCLAMATIONS: Mayor Lund issued the following 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. Councilmember Bolkcom asked that the following changes be made to the minutes: 1. On page 6, it says Councilmember Bolkcom stated "there are more than a dozen." It should state "there are a lot more than a dozen" people. 2. On page 13, Emma Rose should be "Pam Reynolds." APPROVED WITH CHANGES. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 2 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of August 2, 2006. RECEIVED. 2. Resolution Designating Time and Number of Council Meetings for 2007. William Burns, City Manager, stated staff recommends Council's approval of the calendar of Council meetings and city hall days. ADOPTED RESOLUTION NO. 2006-54. 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. William Burns, City Manager, stated the Fridley HRA adopted their annual tax levy, which they are authorized under Minnesota Statutes to collect, at their September 7 meeting. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-55. 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 William Burns, City Manager, stated District #14 is requesting the removal of daytime parking at this location in order to facilitate the movement of the school bus for handicapped children at this location. Staff is recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 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) William Burns, City Manager, stated this is a redo on a plat that was approved in October, 2005. Now that the title problems have been eliminated to satisfy Anoka County, we are resubmitting it. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-57. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 3 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. William Burns, City Manager, stated this is a redo on a plat that was approved by Council in October, 2005. Title problems have also been corrected for this one. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-58. 7. Receive Bids and Award Contract for Salt, Sand and Storage Building Project No. 369 William Burns, City Manager, stated this project is included in the City's 2006 Capital Improvements Program as a means of complying with MPCA rules for salt storage. We recently opened bids from two vendors. The low bidder is Greystone Construction in Shakopee, Minnesota, in the amount of $104,510. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Approve School Resource Officer Service Agreement Between the City of Fridley and Fridley School District No. 14. William Burns, City Manager, stated this is an ongoing contract that establishes the terms and costs for the provision of police officers in the Fridley middle and high schools. Except for costs, there are no changes in the agreement. Staff is recommending that the contract costs be raised by 3 percent for the 2006-2007 school year. The proposed cost is $62,602. Staff recommends Council's approval. . APPROVED. 9. Claims (128121— 128306). APPROVED. 10. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 4 11. Estimates. APPROVED THE FOLLOWING ESTIMATES: Park Construction, Inc. 500 — 73rd Avenue N.E., Suite 123 Fridley, MN 55432 2006 Street Improvement Proj ect No. ST. 2006 - 1 Estimate No. 5 ........................$638,646.96 Midwest Asphalt 5929 Baker Road Suite 429 Minnetonka, MN 55345 Third Street HRA Proj ect No. 3 69 Estimate No. 1 ........................$ 119,990.89 MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 4 and 7 and with the noted corrections to the minutes of the City Council meeting of August 28, 2006. 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 4 and 7. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORM (VISITORS): Thomas Bard, 6003 Gardena Circle, approached submitted a letter and pictures. On Sunday, September 3, 2006, he encountered a significant pooling of water in the southeast corner of his property. He had minimal water in his house thanks to two pumps and the ditch digging efforts of his neighbor and himself. They have had torrential rains before and have never experienced this problem on his property. He believed the cause of the problem stems from an unfavorable grade on the Al-Amal building site. He believes the pictures he provided illustrated that. He understands this is a work in progress and that accidents may occur. He is concerned that with the large amount of fill on the site, the grade of the existing property will be altered significantly and if there is another heavy rainfall or snow thaw, he will be in a similar predicament. He is not against the building project, he is simply requesting the City evaluate the ongoing status of the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 5 project and provide some assistance in rectifying the immediate issue, as well as any residual problems that may arise up until the completion of the project. He welcomed any assistance or advice on this problem. Mayor Lund asked Mr. Bard if he has contacted staff prior to tonight's meeting. Mr. Bard replied he has spoken with Councilmember Wolfe who stopped by the property and he also gave Councilmember Wolfe some pictures. He believes his neighbor has spoken with Mr. Hickok The way it is graded right now, the rain on that particular day came straight down from the school into his backyard and pooled up. He has never had water in his backyard. He said he had two sump pumps going in the window wells. They ended up digging a ditch to remove the water. Mayor Lund replied after looking at his pictures he would tend to agree with him and that the Al-Amal School needed to take some corrective action. He said they would give the material to staff and have them contact the school and the contractor. Mr. Bard stated he is not always home and is afraid that if there are heavy rains while he is gone, there may be some problems. Councilmember Billings stated while they are sympathetic, he asked the City Attorney what authority the City has other than to request that they make some changes. Fritz Knaak, City Attorney, replied in a construction case such as this or any other case where a property owner causes water to be diverted to another adjoining private property, it is the responsibility of the property owner, in this case the school which is under construction, to remedy the problem. In some cases you can have a development agreement which he believes is in existence in this case. Occasionally those will address issues related to construction. He was not aware of any of those issues having been addressed in the development agreement that involves the school. So as a general rule, if there is construction going on on-site, it is the responsibility of whomever is involved in the construction and the property owner, to handle the problem and to pay for any damages that may result from their possible negligence in not having the water taken care of properly. Councilmember Billings stated they can use whatever powers they have to try and persuade the contractor to do a better job of controlling the site. However, it is the contractor and the school who have the responsibility for doing that, and there is not a lot the City can do to require it. Attorney Knaak replied, as a matter of law, yes. The substantial damages that might occur in a situation like this are in fact the private responsibility of the builder. Councilmember Wolfe asked about a stop order or pulling the permit. He aside if staff had the power to say there will be no more until the problem is fixed. Attorney Knaak replied you cannot undo the authority that has been given once you have issued a permit unless there is a fairly clear violation of the Code going on. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 6 Councilmember Wolfe stated Mr. Hickok had said that the grading behind those neighbors' homes had not changed. At the school, however, it is now downhill all the way. There is no grass there and it is all mud. It used to be flat. The neighbors are concerned because they have never had this problem before. Donald Lewis, 6001 Gardena Circle, stated he and his wife have lived there for 28 years. They have never contacted the City about a water or silt problem until now. Right behind them for 28 years there were two baseball fields with grass and between the two baseball fields and the school was a parking lot with a curb. The RCWD forced them to move the pond by the school and put it in the northeast corner of one of the baseball fields and it was dug out. The dirt is on the southwest corner which is behind their houses. The RCWD requires a sophisticated storm water management system which is to be constructed beneath the new parking lot to do that. But the problem is, when are they going to do that? That will probably solve the problem, but that is not going to be until next year. So when they get more rains this fall, and next spring when the snow starts melting, where is all that water going to go? They need to either build a berm or a water holding area or slope the area away from their property. He submitted a letter for the record. Councilmember Wolfe stated when Mr. Lewis and his neighbor dug the trench, it was pure black dirt in there. Mr. Lewis stated anyone who lives in the area where they live, realizes that it is black dirt and clay. Councilmember Wolfe said there was no sand in there. The sand came from the project. Mr. Lewis stated the flower garden behind the back door of their home has about an inch of silt. When he cuts his grass in the backyard, there is silt across the whole back yard and into his neighbor's yard on the other side.. Councilmember Wolfe stated like these pictures show, if they would not have dug the trench, his neighbor's house would have had water problems. Mr. Lewis stated, yes. The water was trenched to his driveway, went down the driveway, into Gardena Circle, to Gardena Lane, down to Woody Lane where there is a drain there. There was dirt the whole direction. Councilmember Wolfe stated the contractor and the school basically need to fix this problem. He asked if they can have the builder fix that. Attorney Knaak replied he would make an important assumption. They will say this is all hypothetical and no one is being accused by the City or anyone else of doing anything, but if this is a situation where the builder and the school are in fact responsible, they are responsible for consequential damages. That water is going downhill where it is not supposed to be going downhill as a direct result of them changing the foliage on that property. They are responsible for what happens downstream. If that means someone has to dig a ditch, ordinarily that would FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 7 be something that would be the responsibility of that contractor to fix. If in fact the water went into somebody's basement and caused flooding, that would be a reasonable foreseeable consequence and he would say the chances are pretty good that would be compensable. When you change the flow of the water upstream, you are responsible for what happens downstream. Councilmember Wolfe asked Mr. Haukaas if he had to specifically send out City sweepers to sweep that area. Jon Haukaas, Public Works Director, replied they were not sent specifically to that area. That is where they are in their sweeping pattern right now. Mr. Lewis stated he did talk to the project manager after they had the first rain and he has also called Mr. Hickok a number of times. There was a silt fence, but with the first rain they had a few weeks ago, 30 feet of that fence came down and broke off the stakes behind it and there was mud and water there. He would like something done. He does not plan on charging anybody or suing anybody. But, if they had not built that trench, he would have had water in his basement. That is all he is asking for after 28 years. He pays his taxes and he has not complained until now. Councilmember Barnette asked Mr. Hickok if he has spoken with the contractor and what kind of response they have received. Mr. Hickok, Community Development Director, said they have contacted them. They contacted them before the first weekend of rain and after the second weekend of rain. They were out Monday morning to talk to them about it. They have been responsive. They initially built a small pond in the area where some of the new dirt was brought in. There was a silt fence there. A portion of that silt fence did not stand, so they have reinforced it with double stakes and put hay bales and worked to kind of redirect the water on-site so that it does not go off-site. They have been responsive. They have no desire to have any negative impact on the adjacent properties. Below the parking lot there is a storm pond that has yet to be installed. It is a timing issue, and he shares their concerns. Mr. Lewis stated he watched them put in the four bales of hay. That is not going to stop much. Councilmember Wolfe asked Mr. Hickok if he could show the photos to the builder. Mr. Hickok said he would. Marty Schutz, 5991 Gardena Lane, stated his parents bought his home in 1978 and he and his wife bought the home after they got married. He presented photographs. While his neighbors were digging the trench, he was pushing the water away from his garage for about four hours on the September 3. As one of the pictures shows his garage is being surrounded by water. They also had a storm on August 26, and the same thing occurred. Mr. Hickok did a great job in responding to their initial concern. No silt fence is going to hold the water that they have had. Since 1978, he does not recall a time where the water flowed through the backyards like that. They have not done anything other than add the bales of hay to change the grade level of the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 8 construction site. He said they are trying to be good neighbors and he is not opposing the project now that it is underway, but he would really encourage Council to put some pressure on them to try to work with them to get this problem taken care of. His neighbor to his south, had a large pool in his backyard. Mayor Lund stated he agreed that all three individuals who have spoken have a legitimate complaint. The problem needs to be corrected. If need be, they will go back to the Rice Creek Watershed District. MOTION by Councilmember Wolfe to receive into the record two letters from Donald Lewis and Tom Bard, dated September 11, 2006, and photographs showing the flooding. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked Mr. Haukaas about the sod from the 2005 street project. Jon Haukaas, Public Works Director, replied after the 2005 street project, they inspected the area in May and there were several properties where the sod had died. They kept a list of those properties, and asked the property owners if they wanted the sod fixed or not. Of the 45 properties identified, 19 responded that they wanted it fixed and would be able to water it to keep it going. Through the course of the summer, there was a significant die-off from the drought. Even though people watered the sod, they were not able to keep up with it, so there are a lot of brown spots in that area. It is really no longer the contractors' responsibility, so if they want to do a fix they would have to hire somebody. They have gotten a couple of quotes. It is piecemeal work, up to maybe 5,000 square yards. The two quotes are around $25,000 to fix the problem. They need to discuss this further. Their thought is to go in and mark the areas for removal, cut that sod out, bring in some select topsoil, and seed and mulch it, basically like a hydroseed type material, and try and get some good growth established that way. 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). MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:29 P.M. William Burns, City Manager, stated the Target store is located at 755 - 53rd Avenue N.E.. Target's newest retail store is scheduled to open October 4. Target has applied for an off-sale, 3.2% malt liquor license for the store at this address in accordance with the City Code. A public hearing announcement was published in the August 24, 2006, issue of the Sun-Focus. The Police FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 9 Department has reviewed the request and found no reason to deny it. Staff recommends opening the hearing and taking testimony regarding the proposed license. Final approval for the license is scheduled for the Council meeting on September 25. Councilmember Barnette asked if their other stores have permission to se113.21iquor. Dr. Burns replied he believed that they do. Mark Tillett, the store manager for Target, said their system restricts the sale of alcohol to any minors and does not allow an under age clerk to sell any alcohol. They have about 500 Super Targets that have malt liquor licenses across the country. All the UPC codes are prompted to an age identification. They I.D. anybody under 40. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:38 P.M. 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). John Berg, Fire Chief, approached and stated on June 26, 2006, the City Council voted 5-0 to revoke the 2005-2006 rental license at 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. Today the property owner, Hyder R. Jaweed, has completed 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. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 10 5. The owner has applied for a 2006-2007 license which runs from October 1, 2006, to September 21, 2007. Staff recommends that the 2005-2006 rental license for 6551 Channel Road be reinstated. In addition, they recommend that the application for a 2006-20071icense be approved. Councilmember Wolfe stated because there is a history, is this a property they will watch. Chief Berg stated that any time they know there are code issues or complaints, they have the right to go in and inspect the property. Mayor Lund stated he assumes that the license goes with each building even though it is the same property owner. He asked what the hold-up was on the other building. Terri Kanis, property manager of 6551 Channel Road, approached and stated she thought they needed to speak to the City Attorney about that. She stated the only outstanding issue is the fence and that is a court issue. Councilmember Wolfe stated he recalled an apartment building is required to have a fence, even if it is on the wrong or right property. Scott Hickok, Community Development Director, replied that is correct. MOTION by Councilmember Billings to reinstate the rental license for 2005-2006 at 6551 Channel Road and to approve the application for the 2006-2007 license for 6551 Channel Road. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 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). Scott Hickok, Community Development Director, stated about two years ago the owner sold A& E Auto Sales but had leftover inventory. Staff recently received complaints that the owner was continuing to sell vehicles without proper zoning. The owner, Samir Awaijane, pled his case to the State and requested time to liquidate his inventory from the sale of his site on Osborne Road. The licensing unit gave the owner a date in late 2005 to have the cars liquidated. The owner requested an auto leasing license to allow auto loaners for his body shop customers. Staff approved a site lessor dealers license for 9 vehicles total (4 family vehicles, the owner, his significant other, and he believed 2 children work for him and drive vehicles to the site; the other 5 would be loaner vehicles). Since that time, the Department of Public Safety investigated at the City's request and determined there were violations to the sales on this site. We had some discussion about outdoor storage, about the fence height and the screening in the original special use permit. They have made a considerable amount of progress since the August 28. They met FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 11 with the owner and his attorney on the site and discussed what needed to be done. They are in agreement with the recommendation in the staff report and understand it was at their risk if the Council chooses to do something different tonight than revoke their special use permit. Mr. Hickok said the owner has agreed to surrender his state license allowing lease or sale of automobiles at 7570 Highway 65 N.E. The owner has made modifications to the outdoor storage to eliminate the high racking and view from outside of the fence. Materials have been cleaned up, rearranged, or eliminated in the outdoor locations. The owner has committed to an ongoing compliance on his site in accordance with the special use permit. Staff recommends that the City Council not revoke the special use permit at this time, set November 15, 2006, as the last day the City will allow the State lease or sales license to exist on this site, and direct staff to reopen the public hearing for Special Use Permit, SP #89-08 at the City Council meeting on March 12, 2007, with the intent to assure compliance with all the stipulations and to assure continued observance of Special Use Permit, SP #89-08. The petitioner is not here this evening but wished to convey the message that they have no concerns with the staff recommended direction and will abide by those requirements. The State has been informed that the surrender is happening in 60 days, and they will notify us as soon as it has become null and void. William Burns clarified they will be asking for a new public hearing, not reopening a public hearing. They would renotify the public. MOTION by Councilmember Wolfe to schedule a new public hearing for Special Use Permit, SP #89-08, for March 12, 2007. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 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 Councilmember Bolkcom asked Mr. Haukaas if he only notified the people who live directly there. He did not notify the whole neighborhood because he felt they were not actually going to be affected by this. Mr. Haukaas replied, that is correct. The three properties that are fronted on that cul de sac have received letters directly. MOTION by Councilmember Bolkcom to adopt Resolution No. 2006-56. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Receive Bids and Award Contract for Salt, Sand, and Storage Building Project No. 369. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 12 Councilmember Bolkcom asked Mr. Haukaas if he had a photograph of what the building looked like. Jon Haukaas, Public Works Director, stated he has a sketch and fabric samples. Councilmember Bolkcom asked if this was something they would allow anyone else to put up. Scott Hickok, Community Development Director, said if it meets the building code. One of the problems they have is that a lot of the buildings purchased at a home improvement center do not meet building codes. This building has footings, a foundation, and has structural engineering. Mr. Haukaas said it is a 70'x 80' fabrio-covered steel structure building. It will be constructed in the old recycling center area, just immediately north of the fire training center. It would have an 8-foot high concrete panel wall to help contain it. The total structure would be approximately 33-feet high at its peak It is a steel-framed construction that goes out to drilled foundations on the outside of that concrete wall. It is a three-sided structure open to the east so that they can back semi trucks directly in it to store the salt and salt/sand mixture for the winter de-icing operations. The fabric is a fire resistant vinyl material. The structure does meet Minnesota State Building Codes. He recommends they go with the tan color vinyl that goes with a lot of their other buildings. It is a structure similar to what a lot of municipalities and even the State and County are using for this purpose. It does meet Minnesota Pollution Control Agency requirements for storage of salt and salt/sand materials. He said they got a very good bid due to the competitive way it was put out. This is a contract cost at approximately $105,000. They had budgeted about $175,000 for this. There will be additional costs for the paving mixture, but we will be able to do this significantly under budget. Our original budget was based on what New Brighton paid to do a similar structure a few years ago. Mayor Lund asked if the footings are necessary for a structure like this. It is a canvas-type structure and it looks temporary in nature. Mr. Haukaas replied it is a big building. There is a significant amount of full trees on the west side that will help disguise this. Because the structure itself is a steel frame, it does have significant weight. The bigger issue is wind uplift and snow load on the building. This will help anchor it down. Mayor Lund asked about the life expectancy of the fabric. Mr. Haukaas said the fabric and the structure are warranted for ten years. There are structures out there that are in excess of 20 years. The framing itself should last significantly longer-30 to 40 years. The fabric may need to be replaced in 15 to 20 years, but that is a small cost compared to a large building. Councilmember Wolfe asked what the pitch was. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2006 PAGE 13 Mr. Haukaas said it is approximately a 20-30 degree angle. There would be an increase in cost to increase that. Even at that pitch, having this very smooth vinyl, he has not seen any of these structures having snow stay on them. Mayor Lund asked if there was a timeline to fulfill the mandate from the MPCA. Mr. Haukaas replied, a couple years ago. We showed them that it has been in our capital improvement plan and that we are actively pursuing it. They did put a timeline in on this bid, and it has to be usable by November. Mayor Lund stated he did not oppose it. They do not have anything before them for Columbia Arena. MOTION to receive the bids and award the contract for the Salt, Sand, and Storage Building Project No. 369 to Greystone Construction of Shakopee, Minnesota, in the amount of $104,510. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, BILLINGS, WOLFE, AND BOLKCOM VOTING AYE AND MAYOR LUND ABSTAINING, MAYOR LUND DECLARED THE MOTION CARRIED. 15. Informal Status Reports Mayor Lund said there will be a recycling drop-off next Saturday from 9 a.m. to 1 p.m. behind Columbia Arena. There will be a free drop-off of certain items including old lumber, scrap metal, passenger car tires, sheetrock, drywall, gypsum, concrete, old batteries, cell phones, and other household items. Mayor Lund said Southern Anoka Community Assistance is having their 30th Anniversary celebration on September 23 from 10 a.m. to 4 p.m., at 627 - 38th Avenue N.E. in Columbia Heights. Their telephone number is 763-789-2444. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:21 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor SPECIAL CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 13, 2006 The special City Council meeting was called to order by Mayor Pro-Tem Barnette at 5:05 p.m. ROLL CALL: MEMBERS PRESENT: Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom MEMBER ABSENT: Mayor Lund 1. Receive and Certify the Statement of Canvass from the Primary Election of September 12, 2006. MOTION by Councilmember Billings to receive and certify the Statement of Canvass from the Primary Election of September 12, 2006. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN MOTION by Councilmember Billings to adjourn. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MEETING ADJOURNED AT 5:06 P.M. Respectfully submitted by, Debra A. Skogen Robert L. Barnette City Clerk Mayor Pro Tem � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 September 19, 2006 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #06-04, Brent Anderson for BDA Development Co. M-06-116 INTRODUCTION The petitioner, Brent Anderson of BDA Development Company, is seeking a special use permit to allow limited outdoor storage at his business, which is located at 7600 Hwy 65. The petitioner is requesting to store construction supplies and equipment in a 10 ft. by 520 ft. lean-to structure that he is proposing to construct along the southern property line. City Code allows up to 50% of the principal buildings footprint of limited outdoor storage in the industrial districts with a special use permit. The petitioner's principal building is approximately 34,000 square feet, which would allow 17,000 square feet. The petitioner is proposing to construct a 10 ft. by 520 ft. (5,200 square feet) lean-to type structure to store his construction related supplies and equipment. The petitioner also plans to have outdoor storage confined to an area in the northwest corner (labeled as "E" of the attached site plan) of this property, however; an exact dimension of that area hasn't been identified. Staff will stipulate that all outside storage areas combined will not exceed the 50% outside storage requirement. After the lean-to structure is constructed, the petitioner will have 11,800 square feet of potential space for outdoor storage, minus the area in the northwest corner. PLANNING COMMISSION RECOMMENDATION At the July 19, 2006, Planning Commission meeting, a public hearing was held for SP #06-04. After a lengthy discussion between the Planning Commission and the petitioner regarding a timeline for the lean-to structure to be completed and the location of off-loading of materials, the Planning Commission recommended approval of SP #06-04. The approval was contingent upon a modification to stipulation #3, to extend the deadline to have the lean-to structure completed by October 1, 2007, instead of the original deadline of December 31, 2006. The petitioner expressed his need for additional time to get the lean-to constructed due to money constraints and all the other improvements that need to be made on the site. The petitioner, did however; articulate that all other improvements, including but not limited to, paving and curbing of the site, new screening gate to be installed on the east side of the property, and fence along the southern property line to be replaced or repaired would be completed by the December 31, 2006 deadline. THE MOTION CARRIED UNANIMOUSLY. At the Planning Commission meeting the petitioner also expressed that he would like to propose a modified design to the lean-to structure that would create a green roof structure to be located between the property line and the lean-to structure. This area could then be used for additional storage space. The petitioner has, however; failed to submit plans to City staff showing how this structure would be built and maintained, so at time this, City staff would recommend that the lean-to structure be located the required 5 ft. from the property line, with the accompanying landscaping between the property line and lean-to. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner to obtain all necessary building permits prior to construction to proposed lean-to structure. 2. Proposed lean-to shall be 5 ft. from the side yard property line and the 5 ft. area shall be landscaped, irrigated and properly maintained. 3. Lean-to structure to be completed and all outdoor storage items to be placed inside the structure by October 1, 2007 to avoid further legal action. 4. Lean-to structure shall be maintained as an accessory structure and shall not become part of the principal building. 5. Petitioner to provide City Staff with dimensions of the outdoor storage area in the northwest corner of the property, labeled as "E" on the site plan. 6. A landscape plan shall be submitted and approved by City Staff prior to issuance of a building permit for the lean-to structure. Engleman ivy to be installed 24" on center on the concrete wall of proposed lean-to. 7. A grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit for the lean-to structure. 8. Petitioner to provide storm water maintenance agreement for use of storm pond west of the subject property. 9. Gutters shall be required on the new lean-to structure to prevent run-off to neighboring properties. 10. Petitioner shall install curb and gutter around site perimeter and hard surface any remaining gravel areas with asphalt or concrete. 11. Gate width and style to be installed to access the rear yard on the east side of the property to meet Fire code requirements. Gate shall also be screened with slats installed in order to comply with code requirements by December 31, 2006. Gate shall remain closed, except when being used for access to the yard, to ensure proper screening. 12. Outdoor combustible storage shall meet Fire code requirements. 13. Water available for fire protection and distances shall comply with Fire code requirement. 14. Access to and through rear yard storage area shall meet Fire code requirements. A minimum of 18 ft. of clearance shall be provided for one-way traffic or 25 ft. clearance for two-way traffic. 15. No off-loading of materials shall take place in front of the principal building or eastern entrance area or service road. 16. No new structure shall be constructed in the "undefined" area on the west side of the property. 17. Existing semi-trailers on the site used for storage shall be removed prior to December 31, 2006. Semi-trucks and trailers shall not be permitted for storage purposes on the property. 18. No outdoor storage shall be permitted other than the storage of items used by the businesses located on site. 19. All storage shall be contained within the buildings, this structure as defined in this proposal, or the area identified as "E" in the attached site plan. 20. Fridley Terrace fence (damaged by BDA), along the south-west edge of property to be repaired or replaced prior to construction of the lean-to structure. 21. Poorly maintained fence along adjacent (Sam's Auto World) site to be removed once concrete wall of lean-to is complete. This fence removal will allow room for landscape maintenance outside of the lean-to and for an overall improved site appearance. � City of Fridley Land Use Application SP #06-04 July 19, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Brent Anderson 6236 Knoll Drive Edina MN 55436 Requested Action: Special Use Permit to allow exterior storage of materials in the M-1, Light Industrial zoninq district. Existing Zoning: M-1 (Light Industrial) Location: 7600 Hwy 65 Size: 131,086 sq. ft. 3 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: VFW & G2 E: Hwy 65 & ROW S: Sam's Auto Body & M-2 and Manufactured Home Park & R-4 W: Industrial & M-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.11 requires a special use permit to allow limited outdoor storage. Zoning History: 1992 — Lot is platted. 1956 — Lumber store and shed constructed. 1959 — Storage shed constructed. 1963 — Warehouse constructed. 1966 — Building addition. 1977 — Building addition and cold storage addition. 1978 — Office addition. 1982 — Cold storage addition to building. 1992 — Two building removed from site. 1992 — Building addition & enclosed one of the cold storage buildings. Legal Description of Property: Lot 2. Block 1. VFW Addition Public Utilities: Building is connected. Transportation: The property can be accessed from the Hwy 65 Service Road. Physical Characteristics: Principal building, storage buildings, hard surface yard, parking area and a few landscaped areas. SUMMARY OF PROJECT The petitioner, Mr. Anderson of BDA Development Company, is seeking a special use permit to allow exterior storage in the side and rear yard of the property located at 7600 Hwy 65. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-1, Light Industrial district, provided specific code requirements are met. CITY COUNCIL ACTION/ 60 DAY DATE City Council — August 14, 2006 60 Day — August 14, 2006 Location of Outdoor Storage Staff Report Prepared by: Stacy Stromberg SP #06-04 REQUEST The petitioner, Brent Anderson of BDA Development Company, is seeking a special use permit to allow limited outdoor storage at the business, which is located at 7600 Hwy 65. The petitioner is requesting to store construction supplies and equipment in a 10 ft. by 520 ft. lean-to structure that he is proposing to construct along the southern property line. ANALYSIS The property is zoned M-1, Light Industrial, as are the properties to the south and the west. The subject property also borders a manufactured home park to the south and the VFW to the north, which is zoned C-2, General Business. The subject property is located on the Hwy 65 Service Drive, just south of Osborne Road. The original building was constructed in 1956 as a lumber shop/office and storage shed. The original _, building has been added to several times since it's original construction and there have also been several cold storage buildings constructed in the rear yard of the property. Currently, what exists on the site is a principal building of approximately ,fr r- r 34,000 square feet and two cold storage sheds, one ' of which is 6,350 square feet and the other is 2,772 square feet. Existing Building City Code allows up to 50% of the principal buildings footprint of limited outdoor storage in the industrial districts with a special use permit. The petitioner's principal building is approximately 34,000 square feet, which would allow 17,000 square feet. The petitioner is proposing to construct a 10 ft. by 520 ft. (5,200 square feet) I�n-to type structure to store his construction related supplies and equipment. The petitioner also plans to have outdoor storage confined to an area in the northwest corner (labeled as "E" of the attached site plan) of this property, however; an exact dimension of that area hasn't been identified. Staff will stipulate that that area be identified and measured to know exactly where the property falls within meeting the 50% outdoor storage requirement. After the lean-to structure is constructed, the petitioner will have 11,800 square feet of potential space for outdoor storage, minus the area in the northwest corner. Location of Outdoor Storage — along southern proper[y une The two existing cold storage buildings will not be used to figure the percentage requirement for outdoor storage because they were constructed in the 1950's, and the 1955 zoning code didn't require a special use permit for outdoor storage. Properties in the industrial district have the option to have limited outdoor storage as long as nine specific code requirements are met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. The storage of materials stored outside or located within the lean-to are limited to 12 ft. high. The proposed lean-to will provide screening for properties to the south and a concrete wall exists on the north side, which also provides screening. However, slats will need to be installed on the north fence above the concrete wall to provide additional screening. The property is already screened from the west and the new fence and gate on the east will provide screening from the public right-of-way. The subject property is required by code to have 44 parking stalls. The petitioner is providing 64 parking stalls, which exceeds the code requirement. The petitioner is requesting this special use permit to store construction supplies and equipment related to his business. However, all items stored outside or in the lean-to will need to be approved by the City Fire Marshal. 6 The proposed lean-to structure will need to be located 5 feet from the property line. The 5 feet between the property line and the lean-to will need to be sprinkled and properly landscaped and maintained. The subject property complies with lot coverage requirements, when figuring the size of the principal building, existing outdoor cold storage sheds, and new lean-to structure. Forty percent lot coverage for the site is 52,694 square feet and the petitioner is at approximately 47,919 square feet, with the structures listed above. City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval as limited outdoor storage is permitted under a special use permit in the M-1, Light Industrial zoning district. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner to obtain all necessary building permits prior to construction to proposed lean-to structure. 2. Proposed lean-to shall be 5 ft. from the side yard property line and the 5 ft. area shall be landscaped, irrigated and properly maintained. 3. Lean-to structure to be completed and all outdoor storage items to be placed inside the structure by October 15r, 2007, to avoid further legal action. 4. Lean-to structure shall be maintained as an accessory structure and shall not become part of the principal building. 5. Petitioner to provide City Staff with dimensions of the outdoor storage area in the northwest corner of the property, labeled as "E" on the site plan. 6. A landscape plan shall be submitted and approved by City Staff prior to issuance of a building permit for the lean-to structure. Engleman ivy to be installed 24" on center on the concrete wall of proposed lean-to. 7. A grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit for the lean-to structure. 8. Petitioner to provide storm water maintenance agreement for use of storm pond west of the subject property. 9. Gutters shall be required on the new lean-to structure to prevent run-off to neighboring properties. 10. Petitioner shall install curb and gutter around site perimeter and hard surface any remaining gravel areas with asphalt or concrete. 11. Gate width and style to be installed to access the rear yard on the east side of the property to meet Fire code requirements. Gate shall also be screened with slats installed in order to comply with code requirements by December 31, 2006. Gate shall remain closed, except when being used for access to the yard, to ensure proper screening. 12. Outdoor combustible storage shall meet Fire code requirements. 13. Water available for fire protection and distances shall comply with Fire code requirement. 14. Access to and through rear yard storage area shall meet Fire code requirements. A minimum of 18 ft. of clearance shall be provided for one-way traffic or 25 ft. clearance for two-way traffic. 15. No off-loading of materials shall take place in front of the principal building or eastern entrance area or service road. 16. No new structure shall be constructed in the "undefined" area on the west side of the property. 17. Existing semi-trailers on the site used for st�ge shall be removed prior to December 31, 2006. Semi-trucks and trailers shall not be permitted for storage purposes on the property. 18. No outdoor storage shall be permitted other than the storage of items used by the businesses located on site. 19. All storage shall be contained within the buildings, this structure as defined in this proposal, or the area identified as "E" in the attached site plan. 20. Fence along the south side of property to be repaired or replaced prior to construction of the lean-to structure. F� � � CffY OF FRIDLEY T0: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2005-3 DATE: September 21, 2006 Attached you will find the resolution directing preparation of the assessment roll for the Street Improvement Proj ect No. St. 2005-3. This proj ect included 6 properties. The assessment will be for 10 years at a rate of 6.5%. RDP/gt Attachment RESOLUTION NO. -2006 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2005-3 WHEREAS, the costs for the Street Improvement Proj ect No. ST. 2005-3 have been estimated to be $93,186.00 for the contract price for such improvement and $7,559.23 for expenses incurred in the making of such improvement so that the total estimated cost of the improvement is $100,745.23. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby estimated to be $32,462.50 and the portion of the cost to be assessed against benefited property owners is estimated to be $63,213.00. Assessments shall be payable in equal installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2007 and shall bear interest at the rate of 6.5 percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Finance Director shall upon the completion of such proposed assessment, notify the Council thereof. 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 � � CffY OF FRIDLEY T0: FROM AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREF TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2005-3 DATE: September 21, 2006 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the Street Improvement Proj ect No. ST. 2005-3. This proj ect included 6 properties. These properties will be assessed an estimated total of $63,213.00. The Public Hearing Notice will be published in the Focus newspaper on October 5, 2006 as required by State Statute. RDP/gt Attachment RESOLUTION NO. -2006 RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2005-3 WHEREAS, by resolution passed by the Council on September 25, 2006, the Finance Director was directed to prepare a proposed assessment of the Street Improvement Proj ect No. ST. 2005-3, AND WHEREAS, the Finance Director has notified the council that such proposed assessment has been completed and filed by his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: A hearing shall be held on the 23rd day of October, 2006 in the City Hall at 8:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 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 � � CffY OF FRIDLEY T0: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2006-1 DATE: September 21, 2006 Attached you will find the resolution directing preparation of the assessment roll for the Street Improvement Project No. St. 2006-1. This project included 331 properties. The assessment will be for 10 years at a rate of 6.5%. RDP/gt Attachment RESOLUTION NO. -2006 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2006-1 WHEREAS, the costs for the Street Improvement Project No. ST. 2006-1 have been estimated to be $3,120,893.85 for the contract price for such improvement and $189,913.88 for expenses incurred in the making of such improvement so that the total estimated cost of the improvement is $3,310,807.73. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby estimated to be $2,754,126.66 and the portion of the cost to be assessed against benefited property owners is estimated to be $556,681.07. Assessments shall be payable in equal installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2007 and shall bear interest at the rate of 6.5 percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Finance Director shall upon the completion of such proposed assessment, notify the Council thereof. 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 � � CffY OF FRIDLEY T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREF TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2006-1 DATE: September 21, 2006 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the Street Improvement Project No. ST. 2006-1. This project included 331 properties. These properties will be assessed an estimated total of $556,681.07. The Public Hearing Notice will be published in the Focus newspaper on October 5, 2006 as required by State Statute. RDP/gt Attachment RESOLUTION NO. -2006 RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2006-1 WHEREAS, by resolution passed by the Council on September 25, 2006, the Finance Director was directed to prepare a proposed assessment of the Street Improvement Project No. ST. 2006-1, AND WHEREAS, the Finance Director has notified the council that such proposed assessment has been completed and filed by his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: A hearing shall be held on the 23rd day of October, 2006 in the City Hall at 8:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 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 � � CffY OF FRIDLEY T0: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2006-2 DATE: September 21, 2006 Attached you will find the resolution directing preparation of the assessment roll for the Street Improvement Proj ect No. St. 2006-2. This proj ect included 20 properties. The assessment will be for 10 years at a rate of 6.5%. RDP/gt Attachment RESOLUTION NO. -2006 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2006-2 WHEREAS, the costs for the Street Improvement Proj ect No. ST. 2006-2 have been estimated to be $246,814 for the contract price for such improvement and $21,700 for expenses incurred in the making of such improvement so that the total estimated cost of the improvement is $247,031.48. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby estimated to be $116,035.98 and the portion of the cost to be assessed against benefited property owners is estimated to be $30,995.50. Assessments shall be payable in equal installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2007 and shall bear interest at the rate of 6.5 percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The Finance Director shall upon the completion of such proposed assessment, notify the Council thereof. 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 � � CffY OF FRIDLEY T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREF TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2006-2 DATE: September 21, 2006 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the Street Improvement Proj ect No. ST. 2006-2. This proj ect included 20 properties. These properties will be assessed an estimated total of $30,995.50. The Public Hearing Notice will be published in the Focus newspaper on October 5, 2006 as required by State Statute. RDP/gt Attachment RESOLUTION NO. -2006 RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2006-2 WHEREAS, by resolution passed by the Council on September 25, 2006, the Finance Director was directed to prepare a proposed assessment of the Street Improvement Proj ect No. ST. 2006-2, AND WHEREAS, the Finance Director has notified the council that such proposed assessment has been completed and filed by his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: A hearing shall be held on the 23rd day of October, 2006 in the City Hall at 8:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 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 � � CffY OF FRIDLEY T0: FROM AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2006 NUISANCE ABATEMENT DATE: September 21, 2006 Attached you will find the resolution directing preparation of the assessment roll for the 2006 Nuisance Abatement. This project included 27 properties. The assessment will be for 1 year at a rate of 6.5%. RDP/gt Attachment RESOLUTION NO. -2006 RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2006 NUISANCE ABATEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: 1. It is hereby determined that the assessable cost to the following named improvement to wit 2006 NUISANCE ABATEMENT including all incidental expenses thereto is estimated at $25,675.54. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. 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 � � CffY OF FRIDLEI' T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE 2006 NUISANCE ABATEMENT DATE: September 21, 2006 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the 2006 Nuisance Abatement. This included some clean up and lawn service for 27 properties. The total assessment will be $25,675.54. The Public Hearing Notice will be published in the Sun Focus newspaper on October 5, 2006 as required by State Statute. RDP/gt Attachment RESOLUTION NO. -2006 RESOLUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 2006 NUISANCE ABATEMENT WHEREAS, by resolution passed by the City Council on the 25th Day of September 2006, the Finance Director was directed to prepare a proposed assessment of the cost of Nuisance Abatement; and WHEREAS, the Finance Director has notified the Council that such proposed assessment roll has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. The City Council shall meet at the Fridley Municipal Center in the City of Fridley, Anoka County, Minnesota on the 23rd Day of October, 2006 at 8:30 o'clock P.M. to pass upon the proposed assessment for: 2006 NUISANCE ABATEMENT 2. The Finance Director shall publish notice of the time and place of ineeting in the official newspaper of the City at least two (2) weeks prior to such meeting. 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 CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 CffY OF FRIDLEI' To: William W. Burns, City Manager From: John Berg, Fire Chief Date: September 19, 2006 Re: Modification of Apparatus Doors Station 1 On delivery of the Crimson Aerial Ladder Truck it was determined that there is only one inch of overhead clearance from the truck to the fascia and two inches of clearance in the actual doorway. Movement of the truck on application of the brakes or an accumulation of snow or ice in the winter could potentially cause the aerial ladder to contact the building causing damage. In addition, when the building fascia was opened for inspection, it was determined that the wood structure has water damage and the metal exterior panels are rusting. Water is running through the structure in the summer and icicles hang from the structure in the winter. The fascia runs the length of the building above the apparatus doors. City Council directed staff to obtain two quotes for gaining the maximum height in the opening of two apparatus doors at Station 1 and for the removal and replacement of the fascia the full length of the building above the apparatus doors. The two quotes are as follows: CF. Haglin & Sons, Inc. September 8, 2006 $88,520.00 Maertens-Brenny Construction Company September 5, 2006 $44,500.00* *The quoted sum would be reduced by $2,700 by contracting with Overhead Door for the door work. Both companies were contacted the week of September 11- 15 to verify their quotes were accurate and that there was no cost effective way to raise the door height more than the proposed 8 inches. To go the full height of the roof structure would require replacement of overhead doors with bi-fold doors at an additional $44,000 or more. Staff is recommending approval of a budget in the sum of $44,500 for the modification of the door height of two apparatus bay doors located at Station 1 and the removal and replacement of the fascia above the apparatus bay doors the full length of the building. � AGENDA ITEM COUNCIL MEETING OF SEPTEMBER 25, 2006 CffY OF FRIDLEI' CLAIMS 128309 -128623 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 LICENSES Type of License FOOD ESTABL/SHMENT Target Store T2200 1000 Nicollet Mall TPN 0910 Minneapolis, MN 55403 (755 53rd Av NE Fridley, MN 55432) � Approved By: Bohn Krage Public Safety Director Fire Inspector Community Development 3.2% MALT L/QUOR OFF SALE Target Jack N 1000 Nicolett Mall Minneapolis, MN 55402 (755 53rd Av NE Fridley, MN 55432) Reif Public Safety Director Fire Inspector City Clerk A UCT/ON Rainbow School & Childcare Amy Hauge 7310 Memory Lane Fridley, MN 55432 TREE SERV/CE Arp's Tree Service 17845 Hanson Blvd. Andover, MN 55304 CHR/STMAS TREE SALES Bachman's 6010 Lyndale Av S Minneapolis, MN 55419 (8200 University Av NE Fridley, MN 55432) Gary Arp Lee Bachman Public Safety Director Public Works Director Public Safety Director Fire Inspector Community Development � AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 �°F LICENSES FRIDLEI' Contractor T e A licant A roved B Abel B& C Inc Heatin Lila E an Ron Julkowski, CBO Airtech Inc Heating/Gas Dennis LaGrange Ron Julkowski, CBO Albers Mechanical Contractors Inc Gas Charles Albers Ron Julkowski, CBO Alliant Mechanical Heatin Jeffre Zimmerman Ron Julkowski, CBO B& B Sheet Metal & Roofing Inc Commercial/Specialty Brad Burns Ron Julkowski, CBO Boo Doo Signs Inc Sign Erector Robert Olson Ron Julkowski, CBO Classic Construction of Cedar MN Excavatin Linda Koch Ron Julkowski, CBO Discount A liance Inc Heatin Dave Blaha Ron Julkowski, CBO Faircon Service Company Gas Paul Schoenecker Ron Julkowski, CBO Fridley Covenant Church Commercial/Specialty Curtis Bostrom Ron Julkowski, CBO Greystone Construction Company Commercial/Specialty Ed Fogarty Ron Julkowski, CBO Nordic Mechanical Services Heatin Anthon Ravnikar Ron Julkowski, CBO Northwest Sheetmetal Co of St Paul Heating Rodney Albers Ron Julkowski, CBO Optimum Mechanical Systems Gas Randolph Peterson Ron Julkowski, CBO Seasonal Control MDI Heatin /Gas Bruce Williams Ron Julkowski, CBO � � C�ITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 RENTAL LICENSE RENEWAL LIST Propi�: Property Address 1098 1103 1110 1105 1106 1518 1112 1113 1115 1116 1454 1090 1120 1122 1136 1149 1150 1137 1138 1141 1142 1143 1144 1585 1172 5791 2'h St. NE 5900 2 1/2 St. NE 5908 2 1/2 St. NE 5916 2 1/2 St. NE 5924 2 1/2 St. NE 4832 2nd St. NE 5770 2nd St. NE 5801 2�d St. NE 5830 2nd St. NE 5848 2nd St. NE 5866 2nd St. NE 6008 2nd St. NE 6511 2nd St. NE 6530 2nd St. NE 5057 3rd St. NE 5069-71 3rd St. NE 5121-23 3rd St. NE 5200 3rd St. NE 5201 3rd St. NE 5260 3rd St. NE 5261 3rd St. NE 5290 3rd St. NE 5291 3rd St. NE 5740 4th St NE 5850-52 4th St. NE Units Owner 2 7 7 7 7 1 8 3 4 8 4 4 4 4 2 2 2 11 11 11 11 11 11 1 1 Jeff Hamer Eagle Enterprises USA, ACCAP ACCAP Yee Tee Wang Patrick R Rowan Eagle Enterprises USA, Matt Kleinlan Violet S. Woods Landmark Properties V, Landmark Properties V, ACCAP Chester Gromek Sam Abdel-Kerim Edward Otremba Dean Hoskins Violet S. Woods Helena Bigos Helena Bigos Helena Bigos Helena Bigos Helena Bigos Helena Bigos Thomas Elie Jeff Hamer Inspection Dist Yr Qtr 9 2 2 9 2 3 9 2 3 9 2 3 9 2 3 18 1 3 9 2 3 9 2 2 9 2 3 9 2 3 9 2 3 9 2 3 55 2 3 55 2 3 18 1 3 18 1 3 18 1 3 18 1 3 18 1 2 18 1 3 18 1 3 18 1 3 18 1 3 13 3 3 13 3 4 RENTAL LICENSE RENEWAL LIST Propi�: Property Address 1181 1182 1187 190 1197 1198 1400 1204 1550 1466 1493 1222 1223 1226 1243 1244 1249 1257 1469 1262 1260 1484 1467 1261 1277 1278 1279 1280 1281 213-219 53rd Ave. NE 305 53rd Ave. NE 380 57th PI. NE 105 58th Ave. NE 5430-32 5th St. NE 5450 5th St. NE 6200 5th St. NE 6262-64 5th St. NE 811 66th Ave NE 553 66th Ave. NE 41 66th Way NE 1590-96 68th Ave. NE 1591-97 68th Ave. NE 1612-18 68th Ave. NE 1630-40 69th Ave. NE 1650-58 69th Ave. NE 5381-83 6th St. NE 1560-64 73 'h Ave. NE 1309-11 73rd Ave. NE 1313-23 73rd Ave. NE 1441 73rd Ave. NE 1461 73rd Ave. NE 1485 73rd Ave. NE 1619 73rd Ave. NE 321 79th Way N E 5430 7th St. NE 5460 7th St. NE 5612 7th St. NE 5640 7th St. NE Units Owner 4 7 4 7 2 6 51 2 1 1 1 4 4 4 6 5 2 2 2 2 18 21 1 24 8 34 34 11 11 Helena Bigos Helena Bigos ACCAP Aspen Enterprises, USA, The Salvation Army Richard Tkaczik Norwood Square Inc. Douglas Finch Peter & Kristen Stromquist John Fang-Yen Roslyn Jenkins Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Thomas Gliadon Ross A. Olson Ronald & Jean Pearson Edward Derdzinski Bradley G. Dunham Equity Real Estate Timothy J. Van Auken Ross A Gramstad Bradley Dunham MC 7th Street Properties, Steve & Ellen Klos Mohsen Dessouki Mohsen Dessouki Inspection Dist Yr Qtr 18 1 3 18 1 2 13 3 3 9 2 3 15 1 4 15 1 3 10 3 3 10 3 3 66 2 3 66 2 3 55 2 3 7 4 3 7 4 3 7 4 3 7 4 3 7 4 3 15 1 3 4 2 3 4 2 3 4 2 3 4 2 3 4 2 3 4 2 3 4 2 3 1 4 3 15 1 3 15 1 3 13 3 3 13 3 3 9/21/2006 RENTAL LICENSE RENEWAL LIST Propi�: Property Address 1509 1288 1289 1290 1291 1292 1293 1480 1510 1317 1320 1321 1588 1327 1336 1485 1038 1039 1040 1041 1475 1043 1042 1546 1347 1348 1349 1350 1535 5781 7th St. NE 151 83rd Ave. NE 161 83rd Ave. NE 165 83rd Ave. NE 171 83rd Ave. NE 181 83rd Ave. NE 191 83rd Ave. NE 6421 Able St. NE 5479 Altura Rd NE 1633 Brenner Pass NE 6634 Central Ave. NE 6640 Central Ave. NE 6676 Central Ave. NE 7335-37 Central Ave. NE 5503 E Bavarian Pass 5425 E Brenner Pass 5640 East River Rd. 5660 East River Rd. 5680 East River Rd. 5720 East River Rd. 5740 East River Rd. 5760 East River Rd. 5780 East River Rd. 5940 East River Rd. 7320-22 Evert Ct. NE 7325-27 Evert Ct. NE 7330-32 Evert Ct. NE 7335-37 Evert Ct. NE 1056 Fillmore Cir. NE Units Owner 1 42 42 3 36 42 42 1 1 1 10 1 1 1 1 1 42 42 42 42 42 42 42 12 2 2 2 2 1 ACCAP University Avenue University Avenue University Avenue University Avenue University Avenue University Avenue Holly E. Swartz Anoka Co Community Alan & Deborah Srbich Donald Findell Donald Findell Donald Findell Joseph C. Mooney Jr. Mary Suzanne Wright Chad Master Filister Enterprises Filister Enterprises Filister Enterprises Filister Enterprises Filister Enterprises Filister Enterprises Filister Enterprises Island of Peace, LLC Gregg & Lois Johnson Longview Properties Wayne Nelson Yousary Khalil Jenn-Yuan Chen Inspection Dist Yr Qtr 13 3 3 1 4 3 1 4 3 1 4 3 1 4 3 1 4 3 1 4 3 10 3 3 18 1 3 14 3 3 7 4 3 7 4 3 7 4 3 4 2 3 14 3 3 14 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 8 3 3 4 2 3 4 2 3 4 2 3 4 2 3 14 3 3 9/21/2006 RENTAL LICENSE RENEWAL LIST Propi�: Property Address 1461 1527 1358 1086 1525 1360 1586 1589 1369 1482 1095 1372 1373 1374 1389 1379 1391 1387 1069 1544 1587 1057 1556 1490 1396 1072 1532 1398 1541 5355-57 Fillmore St NE 5560 Fillmore St NE 7889-91 Firwood Way NE 5850 Hackman Av NE 5811 Hackman Ave NE 6807 Hickory St. NE 355 Hugo St. NE 389 Hugo St. NE 421-23 Ironton St. NE 6360 Jackson St NE 190 Longfellow St NE 910 Lynde Dr. NE 950 Lynde Dr. NE 990 Lynde Dr. NE 4591-93 Main St. NE 5475 Main St. NE 6661-81 Main St. NE 6711 Main St. NE 1413 Meadowmoor Dr NE 137 Mississippi PI. NE 936 Mississippi St NE 945 Mississippi St NE 6390 Monroe St. NE 6842 Monroe St. NE 1601 N Innsbruck Dr. #112 1601 N Innsbruck Dr. #130 1601 N Innsbruck Dr. #173 1601 N Innsbruck Dr. #206 1601 N Innsbruck Dr. #229 Units Owner 1 1 2 1 1 1 1 1 2 1 1 11 11 11 2 12 3 2 1 4 1 1 1 1 1 1 1 1 1 Mary A Shields Ariz Mohammad John Zielinski Cheryl L. Stinski Fatema A. Rabah Danny & Peri Johnsen Jeff & Allison Bransen John Alderson Randy Crowell Kelly Pogatchnik ACCAP/Norwest Bank, Lynde Investment Lynde Investment Lynde Investment Tom Blomberg Philip Clove Mostafa Abdel-Kerim Dana P. Scarlett Benjamin J Conners ACCAP Mark Hostetler D & J Properties, LLC Toby Garber Terry J Zabel Joseph Bidwell Dennis Anderson Dennis Anderson Steve & Sandy Mackenthun Don Remjeske, jr. Inspection Dist Yr Qtr 16 1 3 14 3 3 2 1 2 14 3 3 14 3 3 5 2 3 1 4 3 1 4 3 1 4 3 10 3 3 1 4 3 14 3 3 14 3 3 14 3 3 18 1 3 18 1 3 55 2 3 55 2 3 4 2 3 8 3 3 10 3 3 66 2 3 10 3 3 66 2 3 14 3 3 14 3 3 14 3 3 14 3 3 14 3 3 9/21/2006 RENTAL LICENSE RENEWAL LIST Propi�: Property Address 1399 1073 1401 1402 1543 1403 1404 1590 1405 1406 1407 1409 1411 1412 1413 1414 1415 1416 1417 1418 1420 1421 1423 1088 1478 1481 1434 1487 1601 N Innsbruck Dr. #231 1601 N Innsbruck Dr. #234 1601 N Innsbruck Dr. #253 1601 N Innsbruck Dr. #254 1601 N Innsbruck Dr. #272 1601 N Innsbruck Dr. #280 1601 N Innsbruck Dr. #302 1601 N Innsbruck Dr. #304 1601 N Innsbruck Dr. #355 1601 N Innsbruck Dr. #356 1601 N Innsbruck Dr. #362 1601 N Innsbruck Dr. #374 1230-32 Norton Ave. NE 1237-39 Norton Ave. NE 1240-42 Norton Ave. NE 1250-52 Norton Ave. NE 1260-62 Norton Ave. NE 1261-63 Norton Ave. NE 1270-72 Norton Ave. NE 1280-82 Norton Ave. NE 1285-87 Norton Ave. NE 1295-97 Norton Ave. NE 1326-28 Osborne Rd. NE 1376 Osborne Rd. NE 1412 Osborne Rd. NE 124 Panorama Ave NE 6315-17 Pierce St. NE 6355 Pierce St. NE Units Owner 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 1 1 1 2 2 Dennis Anderson Dennis Anderson Olav Maehle Phyllis Reha Dennis Anderson Deanna Pesek Kristin Chambers Olav Maehle Roger Gorman Richard F. lacarella Daniel Neujahr Lorraine Gosselin Terrance Dreyer Randy Crowell Donovan & Sharry Elias Donovan & Sharry Elias Dennis Anderson Khalid S. Mansour Kathryn M. Erjavec Donald O. Nelson Gamal Phuly Amany Rifai Donald O. Nelson Brett Jensen Properties, ACCAP Omar A. Khan Heinz K. Ashmun Michael Springs Jon Williams Inspection Dist Yr Qtr 14 3 3 14 3 3 14 3 3 14 3 3 14 3 3 14 3 3 14 3 3 14 3 3 14 3 3 14 3 3 14 3 3 14 3 3 7 4 3 7 4 3 7 4 3 7 4 3 7 4 3 7 4 3 7 4 3 7 4 3 7 4 3 7 4 3 4 2 3 4 2 3 4 2 3 18 1 3 11 4 4 11 4 3 9/21/2006 RENTAL LICENSE RENEWAL LIST Propi�: Property Address Units Owner 1432 1433 1438 1575 1443 1094 1056 1574 1530 1471 6373-77 Pierce St. NE 6401 Pierce St. NE 1441-43 Rice Creek Rd NE 6480 Riverview Terr. NE 6150-56 Star Ln. NE 6130 Starlite Blvd. NE 6180 Starlite Blvd. NE 6433-6435 Starlite Circle 5466 W Bavarian Pass 5605 W Bavarian Pass 2 1 1 2 1 1 1 2 1 1 Jon R. Burkhow Thomas R. Peterson Carey & Judy Thake Edward Fragale Mike Severin ACCAP Anees Khatoon Jamey Viger Ron Cadieux Kelly Pogatchnik Total # of Licenses for approval is 150 Breakdown is: Seven 2�d Qtr, 141 3�d Qtr, and two 4th Qtr licenses Inspection Dist Yr Qtr 11 4 3 11 4 3 11 4 3 8 3 3 9 2 2 9 2 3 9 2 2 9 2 3 14 3 3 14 3 3 9/21/2006 � � CffY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 September 21, 2006 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner An ordinance to amend Ch. 114 Junk Vehicles (TA #06-03) M-06-117 INTRODUCTION Staff noticed several months ago that our procedures and agreement for the disposal of junk vehicles with Shorty's, the City's contracted towing company, did not match the language in Chapter 114 of City Code. Staff inet with the City's land use attorney, Fritz Knaak. He recommended that the code be updated to match our current practice. Additionally, the current code refers to (1) a code enforcement officer that we no longer have; and (2) a few State Statutes that need to be more generalized to protect the meaning of the code when state statute numbers are revised; and (3) a procedure requiring the auctioning of towed vehicles since staff does follow that procedure. The proposed text amendment aligns the three procedures described above with staff's existing operational practices. STAFF RECOM M ENDATION City Staff recommends the Council consider the proposed ordinance TA #06-03, which amends Chapter 114, Junk Vehicles, of Fridley City Code following a public hearing on September 25, 2006, to include language that aligns with existing vehicle towing practices. ORDINANCE NO. _ FRIDLEY CITY CODE CHAPTER 114. ABANDONED JUNK OR UNSAFE MOTOR VEHICLES (Ref. 295, 1068, 1093) 114.01. PURPOSE Abandoned junk and unsafe motor vehicles constitute a hazard to the health and welfare of the residents of the community in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well being of children and other citizens. Motor vehicles contain fluids that if released into the environment can and do cause significant health risks to the community. The condition of vehicles that are junked and abandoned, junk or unsafe significantly increase the likelihood that these dangerous fluids might be so released. Abandoned, junk or unsafe motor vehicles and other scrap metals also constitute blight on the landscape of the city and therefore are detrimental to the environment. The abandonment and retirement of motor vehicles and other scrap metal constitutes a waste of a valuable source of useful metal. It is therefore in the public interest that the present accumulation of abandoned, junk or unsafe motor vehicles and other scrap metals be eliminated, that future abandonment of motor vehicles and other scrap metals be prevented, t��t �� en�wr�s�� € ��i��i�� ap €��-i�� a��i��5 b� d�v��d� and that other acceptable and economically useful methods for the disposal of abandoned junk or unsafe motor vehicles and other forms of scrap metal be utilized d��. (Ref. 1093) 114.02. DEFINITIONS Abandoned Motor Vehicle. A motor vehicle that has remained outdoors on property within the City for a period of more than 48 hours on public property illegally or has remained for a period of more than 48 hours on private property without consent of the person in control of such property or in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City or a duly authorized agent of the City. A classic car or pioneer car, as defined in Minnesota Statutes, ��ti�� b�8:��-� shall not be considered an abandoned motor vehicle within the meaning of this Section. 2. Unsafe Motor Vehicle. Any vehicle located outdoors on property within the city in which any systems including braking, steering, suspension, electrical, lighting, motor, drive train system are not functioning or a vehicle that cannot legally be driven or is in violation of any state, federal or local vehicle equipment or safety regulation including, but not limited to Minnesota statutes -�-5��:�1l�8� �a �_��. ;z_�. 3. Junk Motor Vehicle. A motor vehicle that is located outdoors on property in the city that meets any of the following criteria shall be defined as a junk vehicle: A. Any motor vehicle that is not in operable condition. B. Any motor vehicle that is partially dismantled. C. Any motor vehicle that is a source of repair or replacement parts for other vehicles. D. Any motor vehicle that lacks vital component parts. E. Any motor vehicle that is not currently registered and properly licensed for operation with and by the State of Minnesota. 4. Vital Component Parts. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels. Motor Vehicle Definition: A machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transports persons or property or pulls machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles, tractors, 3-wheelers, 4-wheelers and snowmobiles. 114.03. ABATEMENT The City, or its duly authorized agent, may take into custody and impound any abandoned junk or unsafe motor vehicle. A vehicle may be impounded after notice of such proposed impoundment (in a form similar to that set forth herein) has been securely attached to and conspicuously displayed on the vehicle for a period of five days prior to such impoundment excluding Saturdays, Sundays and city holidays for the following reasons: A. When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or B. When such vehicle is abandoned, junk or unsafe. 114.04. VEHICLES IMMEDIATELY SUBJECT TO PUBLIC SALE When an abandoned motor vehicle is more than seven (7) model years of age, lacks vital component parts and does not display a license plate currently valid in Minnesota or in any other state or foreign country, it shall immediately be eligible for sale b_y a duly authorized agent of the City or at public auction and shall not be subj ect to the notification or reclamation procedures established by this Chapter. 114.05. NOTICE 1. When an abandoned motor vehicle does not fall within the provisions of Section 114.04, the City shall give notice of the taking within ten (10) days. The notice shall set forth the date and place of the taking, the year, make, model and serial, number of the abandoned, junk or unsafe motor vehicle and the place where the vehicle is being held, shall inform the owner and any lienholders of their right to reclaim the vehicle under Section 114.06 and shall state that failure of the owner or lienholders to exercise their right to reclaim the vehicle shall be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to Section 114.07. 2. The notice shall be sent by mail to the registered owner, if any, of the abandoned, junk or unsafe motor vehicle and to all readily identifiable lienholders of record. The notice shall be mailed to the registered owner at the address provided by the motor vehicle division of the Minnesota Department of Public Safety or the corresponding agency of any other state or province. A copy of such notice may be sent to the property owner where the vehicle is found. If the person mailing the notice has reason to believe that the registered owner of the vehicle, or one who claims to be the registered owner of the vehicle, is residing or in custody at some different address, a copy of the notice shall be mailed or personally delivered to such owner or claimant in a manner designed, as nearly as may be practicable, to give actual notice to him or her. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned junk or unsafe. Published notices may be grouped together for convenience and economy. 114.06. RECLAIM 1. The owner or any lienholder of an abandoned, junk or unsafe motor vehicle shall have a right to reclaim such vehicle from the City upon payment of all towing and storage charges resulting from taking the vehicle into custody within fifteen (15) days after the date of the notice required by Section 114.05. 2. Nothing in this Chapter shall be construed to impair any lien of a garagekeeper under the laws of this State, or the right of a lienholder to foreclose. For the purposes of this Section, "garagekeeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles. 3. To reclaim a motor vehicle impounded pursuant to this ordinance, the owner or lienholder must pay any costs and administrative fees incurred by the city and must agree to relocate the vehicle in accordance with local state and federal regulations. The owner or lienholder reclaiming such vehicle shall sign a"Release of Property" and shall agree to immediate impoundment without notice if such vehicle again violates this section. In addition, the City may require a bond to be posted if said vehicle has been subject to a prior impoundment. 114.07 HEARING Any property owner who feels aggrieved by an impoundment of a vehicle under this chapter may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the Community Development Director within twenty (20) days after the date of service of the notice by the City r��'° �'�� r�°m°�* r'��°r. The Community Development Director shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than twenty (20) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and the city may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or modify the order of the City r,,,ao �„�,,,-,.o,�,o„+ n��;,.o,- Notice of the decision shall be mailed to the owner at the address given in the hearing request. The Hearing Examiner's order shall be accompanied by written findings of fact, and may include a finding of fact as to the violation of this chapter. Any person aggrieved by the decision of the Hearing examiner may appeal that decision to the City Council by filing notice of such appeal with the Community Development Director within twenty (20) days of the mailing of the Hearing Examiner's decision. At its next available regular meeting following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. If the Council affirms the Hearing Examiner's decision declaring that a violation of this chapter exists, the City shall proceed to sell the vehicles after twenty (20) days following the Council's final determination, unless the property owner obtains a court order to the contrary within said twenty (20) days. 114.08. PUBLIC SALE 1. An abandoned, junk or unsafe motor vehicle taken into custody and not reclaimed under Section 114.06 becomes the_property of the duly authorized _agent of the City or shall be sold to the highest bidder at public �auction or sale, following �notice published a reasonable time in advance. The purchaser shall be given a receipt in a form prescribed by the City, which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. 2. Disposing of unsold vehicles. Abandoned vehicles not sold pursuant to subdivision 1 shall be disposed of in accordance with Minnesota Statutes ?-��:�� w��? ?-��. 3. Disposition of sale proceeds. From the proceeds of the sale under this section of abandoned motor vehicles, the City shall reimburse itself for the cost of towing, preserving and storing the vehicle and all administrative, notice and publication costs incurred in handling the vehicle pursuant to sections 114.01 to 114.09. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in the treasury of the unit of government. 114.09. DISPOSAL AUTHORITY 1. Units of government. The city may contract with others and may utilize its own equipment and personnel for the inventory of abandoned motor vehicles and abandoned scrap metal, and if no bids are received, may utilize its own equipment and personnel for the collection, storage and transportation of abandoned motor vehicles and abandoned scrap metal; provided, however, that a unit of government may utilize its own equipment and personnel for the collection and storage of not more than five abandoned motor vehicles without advertising for or receiving bids in any 120 day period. 114.10. PENALTIES Any person who abandons a motor vehicle on any public or private property, without the consent of the person in control of such property, or is otherwise in violation of this Chapter, is guilty of a misdemeanor and is subject to all penalties provided for such violations in Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 200 . Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading: Publication: � � CffY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 September 25, 2006 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner A resolution to support the U. S. Mayors Climate Protection Agreement M 06-118 INTRODUCTION At the July 11, 2006 Environmental Quality and Energy Commission meeting and the September 6, 2006 Planning Commission meeting, Ms. Connie Metcalf and Ms. Cynthia Anderson, both Fridley residents and members of Citizens for Global Solutions, gave a presentation. They presented the origin and the objective of the U. S. Mayors Climate Protection Agreement. Ms. Metcalf presented a copy of the 2005 Climate Protection Agreement and described the initiative that began with one mayor in Seattle, WA and led to multiple U.S. mayors signing on in support of an acknowledgement that global warming is a problem and that cities can proactively institute measures to conserve energy and other natural resources. Ms. Anderson noted that the targets for reducing global warming pollution by taking actions in our own operations and communities as seen in the attached agreement are descriptive rather than prescriptive. The U. S. Mayors Climate Protection Agreement is a voluntary pact among U. S. mayors to make an effort to reduce global warming. This Agreement was modeled after the international Kyoto Protocol, designed to address climate change and pollution reduction. A copy of the U. S. Mayors Climate Protection Agreement is attached. Ms. Harris reported that she worked with Dr. Burns, City Manager, in May 2006, to gather information about environmentally-friendly City operations. Staff compared this data to the twelve action statements in the Climate Protection Agreement. The data show that the City of Fridley already practices eleven of the twelve descriptive Climate Protection Agreement statements. A copy of the staff's report is included in Council's reading packet. Environmental Quality and Energy Commission Recommendation The Environmental Quality and Energy Commission's support of this resolution is in line with its goal of educating the public about energy use, water quality, and waste reduction. Based on the City's existing progressive environmental action and the twelve action statements of the Climate Protection Agreement, the Environmental Quality and Energy Commission made a motion to request that the Fridley City Council support the Climate Protection Agreement initiative. The Commission's resolution is attached. At the July 11, 2006, Environmental Quality and Energy Commission meeting, a discussion was held for the U. S. Mayors Climate Protection Agreement. After a brief discussion, the Environmental Quality and Energy Commission recommended approval of the Resolution. THE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION RECOMMENDATION At the September 6, 2006, Planning Commission meeting, Commission members heard a presentation about the origin for the U. S. Mayors Climate Protection Agreement and held a discussion for it. After a brief conversation, the Planning Commission recommended approval of the Resolution. THE MOTION CARRIED UNANIMOUSLY. RECOMMENDATION City staff recommends that, at its September 25, 2006 Council meeting, the Council consider and recommend support of the proposed resolution in support of the U. S. Mayors Climate Protection Agreement and authorize the Mayor of Fridley to sign the attached US Conference of Mayors Climate Protection Agreement — Signature Page. RESOLUTION NO. -2006 A RESOLUTION IN SUPPORT OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENTTO WORKTOWARDS TAKING ACTIONS IN OUR OWN OPERATIONS AND COMMUNITIES THAT TARGET A REDUCTION IN GLOBAL WARMING POLLUTION ENDORSING THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international community's most respected assemblage of scientists, has found that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of global warming pollution; and WHEREAS, recent, well-documented impacts of climate disruption include average global sea level increases of four to eight inches during the 20th century; a 40 percent decline in Arctic sea-ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate disruption of the magnitude now predicted by the scientific community will cause extremely costly disruption of human and natural systems throughout the world including: increased risk of floods or droughts; sea-level rises that interact with coastal storms to erode beaches, inundate land, and damage structures; more frequent and extreme heat waves; more frequent and greater concentrations of smog; and WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to address climate disruption, went into effect in the 141 countries that have ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels by 2012; and WHEREAS, the United States of America, with less than five percent of the world's population, is responsible for producing approximately 25 percent of the world's global warming pollutants; and WHEREAS, the Kyoto Protocol emissions reduction target for the U.S. would have been 7 percent below 1990 levels by 2012; and THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT A. We urge the federal government and state governments to enact policies and programs to meet or beat the Kyoto Protocol target of reducing global warming pollution levels to 7% below 1990 levels by 2012, including efforts to: reduce the United States' dependence on fossil fuels and accelerate the development of clean, economical energy resources and fuel-efficient technologies such as conservation, methane recovery for energy generation, wind and solar energy, fuel cells, efficient motor vehicles, and biofuels; B. We urge the U.S. Congress to pass the bipartisan Climate Stewardship Act sponsored by Senators McCain and Lieberman and Representatives Gilchrist and Olver, which would create a flexible, market-based system of tradable allowances among emitting industries; and C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities such as: 1. Inventory global warming emissions in City operations and in the community, set reduction targets and create an action plan. 2. Adopt and enforce land-use policies that reduce sprawl, preserve open space, and create compact, walkable urban communities; 3. Promote transportation options such as bicycle trails, commute trip reduction programs, incentives for car pooling and public transit; 4. Increase the use of clean, alternative energy by, or example, investing in "green tags", advocating for the development of renewable energy resources, and recovering landfill methane for energy production; 5. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money; 6. Purchase only Energy Star equipment and appliances for City use; 7. Practice and promote sustainable building practices using the U.S. Green Building Council's LEED program or a similar system; 8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee education program including anti-idling messages; convert diesel vehicles to bio-diesel; 9. Evaluate opportunities to increase pump efficiency in water and wastewater systems; recover wastewater treatment methane for energy production; 10. Increase recycling rates in City operations and in the community; 11. Maintain healthy urban forests; promote tree planting to increase shading and to absorb CO2; and 12. Help educate the public, schools, other jurisdictions, professional associations, business and industry about reducing global warming pollution; and WHEREAS, the City has inventoried its operational practices and already practices virtually all of the descriptive Climate Protection Agreement statements; and WHEREAS, the City of Fridley supports the U.S. Mayors Climate Protection Agreement and works to modify its operational practices as described within the Climate Protection Agreement and adopted by the attendees of the 2005 Mayors Summit. NOW, THEREFORE BE IT RESOLVED by the City Council, that the City of Fridley enter into the attached Climate Protection Agreement to conduct the following project: support and work towards meeting the Climate Protection Agreement statements. BE IT FURTHER RESOLVED by the City Council, that the City Manager be authorized to submit this resolution to the Citizens For Global Solutions in support of the Climate Protection Agreement for the above mentioned project on behalf of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2006. ATTEST: Debra Skogen - City Clerk 45 Scott J. Lund - Mayor M 06-109 DATE TO: FROM: SUBJECT: emoran u m Planning Division May 25, 2006 Environmental Quality and Energy Commission Rachel Harris, Environmental Planner U. S. Mayors Climate Protection Agreement Background M 06-108 Ms. Harris worked with Dr. Bums, City Manager, in May 2006 to gather information about environmentally-friendly City operations. The data demonstrate that the City of Fridley has met or exceeded eleven of the twelve Climate Protection Agreement statements. Below is a list of ineasures that the Community Development, Fire, Public Works, Public Safety and Finance Departments have initiated that meet many of the Kyoto Protocol recommended solutions in item C of the 2005 Mayor's Climate Protection Agreement. CD: Community Development Department; F: Finance; Fire: Fire Department; P: Parks Department; PS: Public Safety Department; PW: Public Works Department 1. Inventory global warming emissions... Fire: Follow DNR and PCA rules for burning. PW: We have conducted an audit of the furnaces and garage heaters at the Municipal Garage. There is a significant initial investment and a long return period. This may become more feasible as fuel prices increase but at this time the City has higher priorities before we can complete this upgrade. 2. Adopt and enforce land-use policies that reduce sprawl, preserve open space, and create compact walkable urban communities CD: Rewrite sections of code to incorporate protection and minimize pollution of surface waters. This includes Chapters 208, 205.32, 113 and 105. PW: Fridley has policies in place that reduce sprawl and preserve open space. This is not very applicable in our case since the city is essentially built out. 3. Promote transportation options such as bicycle trails, commute trip reduction programs, incentives for car pooling and public transit CD: Promote sidewalks and biking paths in new land use developments that will connect to existing trails and park systems. PW: The city has built several bikeways throughout the city over the years. We also maintain a significant sidewalk system. The city cannot become more pedestrian friendly without a significant investment of money and resources. 4. Increase the use of clean, alternative energy... .� PW: The city does not have its own landfills or have the capacity to promote the development of alternative fuels, however we do provide our wood chips from general tree clean up and especially from last fall's storm to the St. Paul biomass heating plant. 5. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money Fire: Reuse material where we can. Fire: Replaced the light fixtures in station 1 PW: We have retrofitted City Hall with energy efficient T8 fluorescent lighting. The Municipal Garage has been retrofitted with high energy efficient insulated doors greatly reducing our energy consumption for heating. 6. Purchase only energy Star equipment and appliances for City use PW: Energy efficient products are always considered when the opportunity arises. 7. Practice and promote sustainable building practices using the U.S. Green Building Council's LEED program or a similar system CD: As a fully developed city, this is not applicable since #he City has little to no development available. When the City undergoes redevelopment, it will consider using the U.S. Green Building Council's LEED program or a similar system. 8. Increase the average fuel efficiency of municipal fleet vehicles... CD: Purchased an E85 vehicle for field inspections. CD: Promote fuel conserving driving practices of field inspectors. Fire: Reduced our vehicle inventory PW: We aggressively maintain our fleet from the smallest engine weed-whips or chainsaws, to our truck and heavy construction equipment. This makes them energy efficient and keeps emissions at a minimum. 9. Evaluate opportunities to increase pump efficiency in water and wastewater systems... PW: We have upgraded to Variable Frequency Drives on many of our pumping facilities for energy efficiency. 10. Increase recycling [participation] rate in City operations and in the community... CD: Reuse office supply materials, especially those that are not recyclable. CD: Participate in office recycling of paper, cardboard, plastic bottles and aluminum cans CD: Recycle the metal from signs that were posted illegally and collected by our field inspectors CD: One staff dedicates 50% FTE to managing recycling programs. Recycling reduces greenhouse gas emissions, air pollution and water pollution and conserves energy. For example, in 2003, recycling in Minnesota saved enough energy to power 30% of the state's households. Here are the activities of the recycling program: ■ Manage a curbside recycling program for the residents of the City of Fridley. On average, Fridley residents recycle 414 pounds per person per year. ■ Offer recycling receptacles in aur most used parks. ■ Maintain the lunch ro�m recycling program for mixed papers, glass, plastic bottles and cans. ■ Offer spring and fall recycling drop-off days to our residents. ■ Offer incentives of additional recycling services to encourage residents to recycle more. The City is able to offer free or low-cost recycling due to revenues generated from the sale of I.� recyclables collected curbside. For example, at the spring 2006 Recyciing Drop-off Day, Fridley households were able to recycle 3 electronics free of charge. As a result, Fridley residents recycled 40 tons of electronics for free! Fire: Recycle — Batteries, card board, paper, plastic, cans, metal. PW: Recycling opportunities are available at all city buildings. 11. Maintain healthy urban forests; promote tree planting... CD: Promote site development that preserves old growth trees. Fire: Maintaining trees and wetland at our training facility. PW: Conducted tree sales, planting events, and regularly inspect and maintain trees throughout the city to ensure the health of our urban forest. 12. Help educate the public, school, other jurisdictions, professional associations, business and industry about reducing global pollution. CD: Distribute air quality alerts from MPCA to all city staff and Council and Commission members. CD: Publish "Environmental Essentials" about resource consenration in the city newsletter. Fire: Encourage energy conservation. [Please view the attached Public Safety and Parks Department reports for additional information.] — end -- .• ji%/.'/3 "' �'n\�\', �� .��`,�_ �+'a • � • • � , � • � � �'}I�� f� �?;' .,� �� _�.. �`�� "C % � � ♦ � �� To: Director pon Abbott From: Capt. Bob Rewitzer Date: 5/23/06 Re: Cynthia Anderson / Connie Metcalf letter to Mayor Lund regarcii.n.g cli.mate protection (global warm�„g); d.a,ted 427-06 The following outli.nes the desired responsiveness of communities, as d.elineated in the U.S. Mapors Climate Protecti.on Agreement, section C, and the activity that the Police Department is involved in or has undertaken (in blue) that could be con.si.dered as bei.ng responsive to the agreement. C. We wili strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities such as: 1. Inventory giobal warming emissions in City operafions and in the cornmun'ity, set reduction targets and create an action ptan; No department action taken. 2. Adopt and enforce tand-use policies that reduce sprawl, presenre open space, and create compact, walkable urban communities; No departm.ent action taken. 3. Promote transporEation options such as bicycle trails, commute tcip reduction programs, incentives for car pooling and pubiic transit; The Police Department has a bike patrol program. that glaces uniformed patrol and reserve offi.cers on bicycles to patrol areas af the City typically inaccessible to motor vehicles such as the extensive bi.ke trail system. The Department also encourages staff carpooling to aff-site trainiug and meetings. 4. Increase the use of ciean, altemative energy by, for example, investing in "green tags", advocating for the development of renewable energy r�esources, recovering landfill methane for energy production, and supporting the use of waste to energy technology; No department aciion taken. 5. Make energy efficiency a priority through building code improvements, retrofitting � city facilities with energy efficient lighting and urging empioyees to conserve energy and save money; The Police Department has attered the lighting configuration in several meeti.ng rooms so that the overall lighting ca.n be reduced for projecied presentations. At night, ihe reduced lighti.ng configurati.on is frequently used to help maintain employee night-vi.sion. Although not motivated by energy e�.ciency, the effect is the sa.me — a reduction in energy use. Lighting is reduced in o�.ce areas thai are vacan.t at night. .• Memora.ndum Page 2 Re: Cynthia Anderson / Connie Metcalf letter to Mayor Lund regarding climate protection (global wa��g); d.ated 427-06 6. Purchase only Energy Star equipment and appliances for City use; The Police Department copier/scanner purchased in 2003 is Energy Star compliant. 7. Practice and promote sustainable buiiding practices using the U.S. Green Building CounciPs LEED program or a similar system; No department actian taken. 8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; taunch an employee education prograrr� including anti- idiing messages; convert diesel vehicles to bio-diesei; The Police Department vehicles currently in use meet the unique needs of providi.ng police and emergencp services — there are no cwrrently acceptable alternatives that allow the transport of pri.soners, the carrying of tactical and medical equipment, and the high speed emergency response required. Replacement of temperature sensitive off-the-shelf computer equipment with ruggeclized units has decreased tb.e need to maintain moderate cabin temperatures and therefore the need to keep i.n- service but temporarily unoccupied vehicles idling. Emplopees tempoparily at the Department duri.ng inclement ar extreme weather are encouraged to park in.-service vehicles in provided garages to reduce the idling. Employees are cli.scouraged from leaving in-service vehicles idling duri.ng moderate weather. 9. Evaluate opportunities to increase pump e�ciency in water and wastewater systems; recover wastewater treatment methane for energy production; No department action taken. 10. Increase recycling rates in City operations and in the community; The Police Department promotes can, bottle, and paper recycling. Collection bins are staged throughout the facility to accommodate recycli.ng efforts. 11. Maintain healthy urban forests; promote tree pianting to increase shading and to absorb CO2; and No department action taken. � 12. Heip educate the public, schools, other jurisdictions, professional associations, business and industry about reducing global warming poliution. No department action taken. 50 2. Adopt and enforce land-use policies that reduce urban sprawl, preserve open space, and create compact, walkable urban communities; ....Our park system in Fridley, both municipal and county, preserves open space for future generations. The City of Fridley owns over 490 acres of gark land in the City and Anoka County owns an additional 107 acres of park land. Together the City and County park land total nearly 600 acres in our cammunity. Our trail system and sidewalks help make Fridley a walkable community. 3. Promote transportation options such as bicycle trails, commute trip reduction programs, incentives for car pooling and public transit; ...The City and County provide an off-road bicycle trail system with nules of paved paths. The City recently worked with other Anoka. County cities to create a county wide bicycle trail map to promote biking in. our area.. 10. Increase recycling rates in City operations and in the community; .. . We promote recycling in our parks, the Fridley Community Center and Springbrook Nature Center by providing recycling contai.ners. 11. Mai.nta.i.n healthy urba.n forests; promote tree planting to increase shading and to absorb CO2; ..: We just completed a tree sale to Fridley residents and an Arbor Day tree plan.ting event in our parks. Residents purchased 118 trees to plant on their ' personal properly. Fifteen trees were planted by volunteers ax Commons Park and Moore Lake Park Recent discussion points toward both of these events being done on an annual basis. 12. He1p educaxe the public, schools, other jurisdictions, professional associations, business and industry about reducing global wazming pollution. ... The Springbrook Nature Center staff teaches an environmental education program to over 1000 students in grades K-8 in the Fridley Public Schools. The cumculum teaches an awareness of certain conditions that exist in. our na.tural world that are indications of global warming. The curriculum includes lessons in recycling and information on renewable energy sources. The Nature Center staff also helps tea.ch a Ma,ster Naturalist class to 22 adults from ttus area. Included in the class is discussion about the impact of global warming. These Master Naturalists will become instructors and teachers abou# the environment in our community and surrounding area.. � � 1 St�C -' j�,�°�� .�r c��ex� ruC� �7 ��t� ��k1:� ��ti�-S �a.�. �� c�+'� ` r`'c� 51 US Conference of Mayors Climate Protection Agreement — Signature Page You have my support for the US Mayors Ciimate Protection Agreement. Da#e: Mayor. Signature: Address: City: Mayor's Email: _ Staff Conta�t Name: Staff Contact Title: Staff Phone: Staff Errrail: . State: Zp: Please add my comments in support of the US Mayors C{imate Protection Agreement. We wiil add these to the Website (optional): Please retum completed form at your ea�liest c:onvenience to: US Mayors Climate Prote�tion Agreement Maii: Bv Fax: (206) 684-3013 Go City of Seatfle Office of Sustainabiliiy and Environment Emait: john_mauro@seattle.gov Seattle Municipal Tower PO Box 94729 For more Information: (2U6) 733-90&4 Seattle, WA 98124-4729 52 . . � � � US Mayors Climate Protection Agreement — Contact Information Seattfe Mayor Greg Nickels is coordinating this initiative. He can be reached at 206-684-4000. The primary staff contacts for Seattle are: John Mauro, Climate Project Analyst Office oi Sustainabiliiy and Environment (206) 733-9084 iohn.mauro(a�seattle.qov PO Box 94729 Seattle Municipal Tower Seattle, WA 98124-4729 Kim Drury, Senior Policy Advisor Office of Sustainabilify and Environmer�t (206) 684-3214 kim.drurv(cDseattle.qov PO Box 94729 Seattle Municipal Tower Seattle, WA 98124-4729 US Mayors Climate Protection Agreement Website: www.seattle.aov/mavor/climate �� CfTY OF FRIDLEY Date: To: From: Subject AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 September 18, 2006 William Burns, City Manager � r �y Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Preliminary Plat Request, PS #06-01, John Allen, Industrial Equities M-06-115 INTRODUCTION John Allen of Industrial Equities is seeking to replat the property located at 5110 Main Street to incorporate a portion of property that he's purchasing from Burlington Northern Santa Fe (BNSF). BNSF has signed off on the preliminary plat application and is in favor of the replat application. The petitioner is seeking this replat to allow for the redevelopment of the subject property. Approximate location of rail property to be purchased 54 �roperty � a � PLANNING COMMISSION RECOMMENDATION At the September 6, 2006, Planning Commission meeting, a public hearing was held for PS #06-01. After a brief discussion, the Planning Commission recommended approval of PS #06- 01, with the stipulation as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner to pay applicable park dedication fees (540,442 sq. ft. x.023 = $12,430.17) prior to issuance of any building permits. City of Fridley Land Use Application PS #06-01 September 6, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: John N. Allen 321 1St Avenue North Minneapolis MN 55401 Requested Action: Replat of property to incorporate property being purchased from Railroad. Existing Zoning: M-2 Heavy Industrial Location: 5110 Main Street NE Size: 449,849 sq. ft 10 acres Existing Land Use: I ndustrial Office/Warehouse Surrounding Land Use & Zoning: N: Reviva Industry & M-2 E: Single Family home & R-1 S: Murphy Warehouse & M-2 W: Railroad & RR Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning History: 1960 — Office/Warehouse constructed. 1978 — Variance granted to reduce the side yard setback from 20 ft. to 10.5 ft. 1978 — Addition to building. 1989 — Lot is qlatted. Legal Description of Property: Lot 1, Block 1, Glacier Park Company Addition Public Utilities: Business is connected. Transportation: Main Street provides access to the property. Physical Characteristics: Lot consists of buildings, pavement and parking areas with a few landscaped areas. SUMMARY OF REQUEST The petitioner is seeking to replat the property at 5110 Main Street to incorporate a portion of property being purchased from Burlington Northern Santa Fe. The petitioner is seeking this replat to redevelop the property. SUMMARY OF ANALYSIS City Staff recommends approval of this preliminary plat request. ➢ Replat will allow for the redevelopment of the property. City Council Date/60 Day Date City Council — September 25, 2006 60 Day Date — October 2, 2006 Existing Property Staff Report Prepared by: Stacy Stromberg PS #06-01 ANALYSIS John Allen of Industrial Equities is seeking to replat the property located at 5110 Main Street to incorporate a portion of property that he's purchasing from Burlington Northern Santa Fe (BNSF). BNSF has signed off on the preliminary plat application and is in favor of the replat application. The petitioner is seeking this replat to allow for the redevelopment of the subject property. The subject property was originally developed in 1960 as an office/warehouse for a building supply company. In 1978, an addition was constructed to the building, which also involved a variance being granted to reduce the side yard setback requirement from 20 ft. to 10.5 ft. The property has continued to function as an office/warehouse used to house a building supply company until 2005, when Guardian Building Supply Company vacated the site. Appra locatic prope purch Aerial of subject property ct Property The petitioner is seeking this replat to allow the combination of the existing property and the BNSF right-of-way located west of the subject property. The subject property is 449,849 sq. ft. (10.33 acres) and the additional rectangular piece of land being acquired from the railroad is 90,593 sq. ft. (2.08 acres). After the replat the property will be 12.41 acres in size. STAFF RECOMMENDATION City Staff recommends approval of this preliminary plat request, with stipulations. ➢ Replat will allow for the redevelopment of the property. STIPULATIONS City Staff recommends that the following stipulations be placed upon approval of this request. 1. Petitioner to pay applicable park dedication fees (540,442 sq. ft. x.023 =$12,430.17) prior to issuance of any building permits. � � AGENDA ITEM ��F CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 FRIDLEI' INFORMAL STATUS REPORTS