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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JUNE 25, 2007
7:30 p.m. - City Council Chambers
Attendance Sheet
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� CITY COUNCIL MEETING OF JUNE 25, 2007
CffY OF
FRIQLEY
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.
VALUES FIRST COMMUNITY RECOGNITION AWARDS:
Individual: Mary Bowen
Community Organization: Fridley Historical Society
Business: Cummins Power Generation
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of June 11, 2007
OLD BUSINESS:
1. Second Reading of an Ordinance of the City of
Fridley Amending Chapter 7 of the Fridley
City Charter Pertaining to Utility Rates ......................................................... 1- 2
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. Receive the Minutes from the Planning Commission
Meeting of June 6, 2007 ................................................................................ 3- 6
3. Resolution Receiving Final Plans, Specifications
and Ordering Advertisement for Bids: Mill and
Overlay Project No. ST. 2007 — 2 .................................................................. 7- 10
4. Motion to Accept an Easement Agreement from
Larsen Enterprises (Slumberland), an Easement
Agreement from Shamrock Development, Inc.,
(Springbrook Cove), and an Act of Donation
Agreement from Wal-Mart for the 85t" Avenue
Trail Project (Ward 3) ................................................................................... 11 - 24
5. Receive Bids and Award Contract for the
Community Park Phase 2 Irrigation Project
No. 374 ................................................................................................... 25 - 26
6. Appointments — City Employees ................................................................... 27
7. Claims ................................................................................................... 28
8. Licenses ................................................................................................... 29 - 34
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 3
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
PUBLIC HEARINGS:
9. Consider Special Use Permit, SP #06-04, by
Brent Anderson for BDA Development Co., to
Allow Limited Outdoor Storage in an M-1, Light
Industrial Zoning District, Generally Located at
7600 Highway 65 N.E. (Ward 2) .................................................................... 35
10. Consider Special Use Permit, SP #06-11, for
Central Auto Parts, to Operate a Salvage Yard,
Generally Located at 1201 — 73 '/ Avenue N. E.
(Ward 2) ................................................................................................... 36 - 37
NEW BUSINESS:
11. Resolution Revoking Special Use Permit,
SP #06-11, for Central Auto Parts to Operate a
Junkyard in an M-1 Zoning District, Generally
Located at 1201 — 73'/ Avenue N.E. (Ward 2) ............................................ 38 - 40
12. Special Use Permit Request, SP #07-03, by
Glen Harstad, to Allow the Expansion of an
Existing Self-Service Car Wash in a C-2,
General Business Zoning District, Generally
Located at 7320 University Avenue N.E.
(Ward 3) ................................................................................................... 41 - 46
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 4
NEW BUSINESS (CONTINUED):
13. Variance Request, VAR #07-02, by Glen
Harstad, to Reduce the Side Yard Setback
from 15 Feet to 5 Feet along the Southern
Property Line and to Reduce the Setback for
All Parking and Hard Surface Areas from
20 Feet to 10 Feet to Allow a Building Addition,
Generally Located at 7320 University Avenue N.E.
(Ward 3) ................................................................................................... 47 - 63
14. Resolution in Support of a 2007 Special
Legislative Session to Consider the Omnibus
TaxB i I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 - 65
15. Informal Status Reports ................................................................................66
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
JUNE 11, 2007
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led Council and the audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Richard Pribyl, Finance Director/Treasurer
7ack Kirk, Director of Parks and Recreation
VALUES FIRST COMMUNITY RECOGNITION YOUTH AWARD:
The award was presented to Noah Craft.
PROCLAMATION:
Stand for Children Day — June 16, 2007.
STATE LEGISLATIVE UPDATE:
Senator pon Betzold stated this year's session was a budget year which meant they had to set
the State's budget for the next two years, starting on July 1, 2007, and ending on June 30, 2009.
They came in with a projected budget surplus. He said they passed a lot of good bills this year.
They renewed the energy standards and the electronic waste, recycling, and scrap metal
regulations. They also passed a state-wide smoking ban applying to bars, restaurants, and
workplaces which will go into effect on August 1. They repealed the ticket scalping laws. They
passed an E12 bill that put some money back into the Early Childhood Development Program.
They put a 2 percent increase in K-12 for this year and 1 percent in next year. They freed up
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 2
some funds that are currently being spent on special education so that they can now be used for
the purposes of the schools.
Senator Betzold stated the maj or transportation bill was vetoed, so they only passed a bare-
bones transportation bill. The wine in grocery stores bill did not pass. Nothing was passed on
election laws. Mandatory seatbelts did not pass. The photo cop, where pictures can be taken of
cars going through red lights, did not pass. Medical marijuana did not pass. Nothing was passed
on stadiums. There was a tax bill that was vetoed that would have included $96,000 in LGA for
Fridley. They did pass a transportation bill that raised the gas tax by about a nickel and
ultimately that was vetoed. There was a constitutional amendment to dedicate funding of private
sales tax for arts and the environment. Both bodies passed the bill, the conference committee
report was agreed upon, and it just was not passed by the end of the session on the last night.
Any bills that did not get acted upon this year carry over into next year's session.
Representative Carolyn Laine stated there were a lot of disappointments by the end of the
session. She stated she was on two education committees for education policy and Early
Childhood. She is very glad they could return to the pre-2003 funding levels for Head Start,
ECFE, and school readiness.
Representative Tom Tillberry stated a bill he carried which was signed by the Governor was
an airbag bill. Pursuant to State law airbags will have to be put back into vehicles after a
collision. There will be a penalty involved if people do not do that.
Representative Laine said the $2 million requested to renew the Springbrook area did not make
it. She said they are committed to this, and it will get in next year's bonding bill. With respect
to the Northstar station, they needed to have the tax bill go in order for Fridley to get the TIF
district and fund the tunnel. Hopefully that will happen one way or another, because it is her
understanding is that if $1.5 million found by November 1, there will not be a Northstar station.
Senator Satveer Chaudhary stated for the first time he chaired a committee. He thinks the two
preeminent issues facing the State of Minnesota--property taxes and healthcare--were not
addressed this year. He said they did pass a large amount of funding for schools for special
education. He said he was appointed chair of the Senate's Environment Policy Committee. He
said they had a hearing on global warming and its impact. They accomplished items such as
establishing renewable energy standards which is the most aggressive renewable energy standard
in the country. It requires that 25 percent of our energy come from renewable sources by the
year 2025. They passed a global warming mitigation act that sets goals for reducing global
warming. They addressed issues regarding the loss of Minnesota's wetlands. They initiated
increased improvements in standards regarding our shorelines. They addressed a controversial
issue regarding all-terrain vehicles and the use of those vehicles in our forests.
Senator Chaudhary stated both the House and the Senate came to an agreement on the
presentation to the voting public of a measure to dedicate in the State's constitution a portion of
the sales tax to the environment which would be the most historic investment that Minnesota has
ever made in its natural resources. The constitutional amendment has been promised by both the
House and Senate leadership to be the first thing that they pass off the floor in 2008 so it will be
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 3
on the ballot in November 2008. In terms of temporary environment protection, they put over
$50 million into continuing the enactment of the Clean Water Legacy Act which means we will
continue to have funding to assess and provide redress to impaired waters in Minnesota, 40
percent of which are unswimmable and unfishable.
Mayor Lund said he was disappointed they did not get an increase in the City's LGA. He asked
if there would be a special session.
Senator Betzold replied only the Governor can call a special session, and the Governor said that
he wants a short special session. If there was to be one, it could be done in a few hours, but there
would have to be prior agreement from the caucus leaders to do that and what the agenda is
going to be, etc. He personally does not think there is going to be one.
Representative Knuth stated she is of the opinion a special session is worth it if it moves the
State forward in a substantial way.
Representative Laine stated the public needs to let the Governor know that they need a special
session.
Representative Tillberry stated he thought it would be nice to get those two bills in.
Representative Chaudhary stated there is talk of a special session, but he does not think there
would be a special session unless there was a prior agreement on exactly what is going to
happen.
Councilmember Barnette stated it certainly would be to Fridley's benefit to have it happen.
Councilmember Bolkcom stated she has a big concern about funding for the Northstar rail
station. She said her concern was how much time and effort and money should the City put into
this station.
Representative Laine replied she does not think Governor Pawlenty is opposed to TIF for
Fridley or the Northstar station here. She thinks he vetoed the entire tax bill because of the
inflationary disagreement. If the City can find a way to do that tunnel, she said they should do it,
and they can be fairly assured they can get that TIF again next year.
Councilmember Barnette commented if you read in the paper about all the other light rail
commuter rail systems out there talking about doing something, his feeling is if they do not get it
this time, they are going to lose it. He said this is absolutely essential.
Senator Betzold stated because of the changes in federal funding, a number of cuts were made
to the Northstar line. It was supposed to St. Cloud. Now it only goes to Big Lake. A number of
stations were eliminated. If the Fridley station goes, there will be no station between downtown
Minneapolis and Coon Rapids. They need a station in Fridley. The next legislative session starts
on February 12, 2008.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 21, 2007.
APPROVED.
NEW BUSINESS:
1. Approve Change Order No. 1 to 2007 Street Improvement Project No. ST. 2007-1.
Williams Burns, City Manager, stated rather than install a poured concrete retaining wall and
steps, Public Works is proposing to grade the area behind the backstops at Ball Fields 1 and 2 to
the same level as the playing field. Also, rather than install concrete walk areas and concrete
pads for the bleachers with the street improvement contractor, they will use our miscellaneous
concrete contractor for this work at a cost of $10,000. The work that will replace the concrete
retaining wall and steps as listed on page 2 of tonight's agenda. The cost for this work is
$27,238. When subtracted from the contract price of $50,000 for the concrete retaining wall and
steps, it will leave us with a savings on the street contract of $22,762. With this deletion, the
revised contract amount for the street improvement contract with Forest Lake Contracting Inc.
will be $2,406,300.50. After the work by the miscellaneous concrete contractor has been
completed, we will realize a savings on the ball field work of $12,762. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Approve Easement Agreement Between THE City of Fridley and CenterPoint
Energy Resources Corporation.
William Burns, City Manager, stated CenterPoint Energy, through their contractor, ProSource,
is requesting the City agree to both permanent and temporary easements in three parks. The
easements are needed for the installation of a 20" gas main that will run from a point in Andover
through Fridley to Xcel Energy's Riverside Power Plant in Minneapolis. The pipeline will
follow the east side of the BNSF railroad tracks until a point just south of Rice Creek where it
will e�tend beneath the tracks and down the west side of the tracks. At a point near the former
Longview Fiber building, it will be extended under East River Road and down the west side of
East River Road to Minneapolis. The temporary work easements are needed for property at the
Springbrook Nature Center, Community Park, and Plaza Park Permanent easements are needed
through much of Plaza Park where the pipeline will be constructed through the west side of the
park and under Rice Creek In exchange for the easements, CenterPoint will be compensating
the City. The revised total payment to the City for all of the easements is $27,944. Directional
drilling for the project will take place in four Fridley locations beginning in July. CenterPoint
has contacted residents and businesses impacted by the directional drilling. Staff recommends
Council's approval.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 5
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. Resolution No. 2007-29 Supporting the Improvements to Springbrook Nature
Center Associated with the SPRING (Sanctuary Protection & Renewal into the Next
Generation) Project and Supporting the Request to the State of Minnesota for
Financial Assistance.
William Burns, City Manager, stated while the City has come close to having funding for
Springbrook Nature Center in the State's bonding bills over the last two legislative sessions, we
have yet to succeed in getting the funding. At the same time, we are being encouraged by our
legislative delegation to try again for funding in the 2008 bonding bill. The resolution before
you requests Council's authorization to seek $2,815,000 in 2008 for Springbrook Nature Center
improvements. Other than the change in dollar value of the grant to accommodate inflation,
nothing is different from the language used in the original resolution approved in 2005. This
includes the understanding that the Springbrook Nature Center Foundation will raise the
$2,815,000 needed to match the State grant. It also includes the understanding that additional
operating costs for the Nature Center that may be created by the improvements will be borne
from additional program revenues and funds provided by the Foundation. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3A. Resolution No. 2007-30 to Convey and Quitclaim to the Housing and
Redevelopment Authority Any and All Interests in Lot 7, Block 1, Gateway West
Second Addition.
William Burns, City Manager, said there was some sort of an oversight when they were platting
the southern part of the Gateway West property. They missed a small piece of property the City
still currently owns. It is about 350 square feet in area. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2007-30.
4. Claims (131899-132182).
APPROVED.
5. Licenses.
ADOPTED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 6
6. Estimates.
APPROVED THE FOLLOWING ESTIMATE:
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
2007 Street Improvement Proj ect No. ST. 2007 — 1
Estimate No. 2 .................................................................................. $ 197,146.00
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item Nos. 1 and 2 be removed.
Councilmember Barnette asked that Item No. 3 be removed.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Items 1, 2, and 3 and the addition of Item 3A. Seconded by Councilmember
Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 1, 2
and 3 from the consent agenda. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Vince Meyer, 8380 Spring Lake Road, Mounds View, stated he was there regarding a pigeon
ordinance.
Mayor Lund commented this issue was before them just recently.
Mr. Meyer stated right now the City does not have an ordinance pertaining to pigeons. He
contacted the legal department for the American Raising Pigeons Union and they put together an
ordinance which he is asking the City Council to review. He presented the ordinance to the
Council.
Mayor Lund stated the Council can look at the handout and will respond by letter. He asked
where the letter should be sent.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 7
Amy Cheng stated the address is 1632 Rice Creek Road. She asked why they had to pay the
$35 fee.
Mayor Lund said that is a typical license fee the City charges anybody under the livestock
ordinance. The gentleman who just spoke said that pigeons are not a part of livestock They will
review it and respond. He believed they paid it last year.
Ms. Cheng stated they did and just found out that there should be no fee.
Mayor Lund stated regarding the fee they will respond to that also.
Jim Keewell, 1631 Rice Creek Road, said he lives across the street and feels they should let Ms.
Cheng have her birds.
OLD BUSINESS:
7. Second Reading of an Ordinance Amending Chapters 602, 603, and 606 of the
Fridley City Code Creating a Patio Endorsement for Licensed On-Sale Liquor
Establishments.
MOTION by Councilmember Bolkcom to remove from this item from the table. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Richard D. Pribyl, Finance Director/Treasurer, stated the first reading of the ordinance occurred
on March 26, 2006. The City received several requests last year in regard to creating patios as an
extension of their dining areas. Staff reviewed other cities' ordinances and incorporated some of
the elements from them. Some of the items that were discussed in the first reading were the
closing times of the patios and the use of speakers for music or television. At the first reading,
Council asked staff to survey similar cities to determine the regulations in relation to sound and
hours. Staff requested surveys of 13 metro area communities and 7 responded. They found only
4 had special legislation related to these patios. At the time of the first reading, the State
legislature was involved in the secondhand smoke issue which could impact restaurants and
patios within this new legislation. The new legislation was adopted by the legislature on
May 11, 2007, and did not address outdoor air.
Mr. Pribyl said the changes made between the first and second reading are: The patio shall not
be enclosed so as to not comply with the indoor air act as defined by State law. If part of the
parking lot is used to install an outdoor patio, it must share a common wall with the licensed
premise, and still meet all of the parking requirements. Patios adjacent to the parking area will
have barriers installed as defined by the Minnesota Building Code to reduce the likelihood of a
vehicle being able to enter into the patio area. Music, sound, or noise within the patio shall
comply with the provisions and requirements of Chapter 124 of the City Code at all times.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 8
Mr. Pribyl stated one of the key areas was hours of patio operation. The second reading
actually incorporates 10 a.m. to 10 p.m., Sunday through Thursday and 10 a.m. to 2 a.m., Friday
and Saturday, unless the closest point of the patio is within 100 feet of the residential zoning
district. If so, than the hours are 10 a.m. to 10 p.m. at all times. Also, holidays, as defined by the
ordinance, would allow for hours from 10 a.m. to 2 a.m. with the same restrictions. The
ordinance was mailed to the license holders. There are a number present in the audience. Staff
recommends holding the second reading of this ordinance.
Councilmember Bolkcom asked about the Metropolitan Council SAC units for outside seating..
Mr. Pribyl replied they did not change that between the first and second reading. That is still
incorporated into the ordinance.
Councilmember Bolkcom asked whether everyone would be able to have their patio open until
2 a.m. even if they do not have a 2 a.m. license.
Mr. Pribyl replied only those who have a 2 a.m. license would be allowed for that time frame.
Councilmember Bolkcom asked if it actually says that.
Mr. Pribyl said it did not, but they would have to have the endorsement to be open until2 a.m.
Councilmember Bolkcom asked if she was reading this would she know that.
Mr. Pribyl replied, it does not indicate that.
Councilmember Bolkcom asked if it should say that because even if someone could not serve
alcohol, if they are open, could they sit until there until2 a.m.
Mr. Pribyl replied as long as liquor is not being served out there. So the patio could be open but
this actually applies to the sale of liquor on the patio.
Councilmember Bolkcom said she thought it leaves it up to interpretation.
Mr. Pribyl replied he could incorporate that.
Councilmember Bolkcom asked about the 100 feet requirement and who it would affect.
Mr. Pribyl replied they had GIS staff plot the 100-foot distances. He thought the City only has
two license holders who have any incursion or proximity within 100 feet to residential areas.
Debra Skogen, City Clerk, replied for the 100 feet incursion, they would be looking at AlVg'
Bowling Centers if they were to have a patio. Also, Broadway is very close but the distance
between their patio and the Springbrook Apartments is more than 100 feet. The Knights of
Columbus Hall would be included, but they do not have a 2 a.m. license. There are only about
three or four establishments in the City that are open until2 a.m.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 9
Councilmember Bolkcom stated if they are within 100 feet, they are limited to 10 a.m. to 10
p.m. She asked about live entertainment and music and if they could have a live band on the
patio as long as they complied with the requirements of the Code. She asked if they could have a
television on the patio.
Scott Hickok, Community Development Director, replied it does say there shall be no live
entertainment and what was added was that music, sound, or noise in the patio enclosure shall
comply with the provisions of Chapter 124 of the Fridley Code at all times. It cannot be a
distraction or nuisance to others. The Police Department does have authority to shut it down at
that point.
Don Abbott, Public Safety Director, stated it is that same part of the noise ordinance that covers
noisy parties or noisy gatherings.
Councilmember Varichak asked why they wanted to put stipulations on hours for certain days.
Ms. Skogen pursuant to the discussion at the first reading, it was changed to 10 a.m. to 2 a.m. on
Friday and Saturday.
Councilmember Bolkcom stated she thought with the proximity to residential areas, she thought
this would be a nice compromise. She asked if they could have alcohol out there and just not
serve it.
Ms. Skogen stated it says it shall not be served.
Councilmember Bolkcom stated it says sale or consumption right now.
Councilmember Varichak stated she thought if they start putting stipulations, when all the
other establishments in the surrounding areas are 2:00 a.m., people will go elsewhere. During
the week, how are people going to know exactly what the time is? She is not in favor of it.
Mayor Lund agreed and said discussion was needed.
Councilmember Barnette asked how many liquor establishments had patios.
Ms. Skogen replied currently Fridley Crab House and Broadway Pizza are the only two with
patios. They have had discussions with Pickle Park, Chris and Rob's, and Shortstop. In addition,
the American Legion is looking for a place.
Mayor Lund stated he agrees somewhat that this is a good compromise. He is leaning more
with allowing liquor to be served 2:00 a.m. the whole time. If it becomes problematic, they can
restrict it. He said he would rather have the industries monitor and regulate themselves and use
government to regulate when they fail.
Councilmember Bolkcom stated one issue she has is she has a friend near a place in
Minneapolis and since they went to no smoking, she is planning on selling her property, for the
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 10
plain and simple reason the noise goes outside. It is not real close but they cannot live there
anymore because there are people outside making noise. She said she was more on the cautious
side.
Councilmember Saefke stated he agrees with Mayor Lund that the business owners should be
able to maintain their own business. If it does get too noisy, they should be able to police
themselves. They can always get more restrictive. Most of them are far enough away from
residential areas to not create a maj or problem.
Mayor Lund said if he receives a complaint from one resident, he will let the operation know
and they will have to take care of right away.
Councilmember Barnette stated the 100 foot restriction is very strict. Maybe they should take
away that requirement, to make it fair to the American Legion, the Knights of Columbus, and
ANg'.
Michael Schranth, Broadway Pizza, said they have been serving liquor on the patio for three
and one-half years during the hours they have been open. To his knowledge they have not had
any noise complaints. He appreciates their confidence in allowing them to continue to take care
of their operations in accordance with the law. He would like to continue what he has been
doing.
Councilmember Barnette asked if he had any type of entertainment on his patio.
Mr. Schranth said he did not.
Madeline Saltner, American Legion, stated she has been at the Legion for 38 years. They have
no problems with their neighbors or with the Police Department. As far as the hours, she thinks it
is really fair if they let them go by the hours that they have. They close at 1:00 a.m.
Mayor Lund asked if they had a patio.
Ms. Saltner said they did not, but would like to put one in.
Don Lechy, Architect for American Legion, said they had an idea of where they were going to
place the patio.
Mayor Lund said their property abuts a residential property.
Mr. Lechy stated on the Old Central Avenue side, it is adjacent to what appears to be a
residential piece of property but he actually thinks it is commercial.
Mr. Hickok replied the Saba property is zoned commercial.
Mr. Lechy stated, therefore, where they are setting up the patio it is legal on both sides.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 11
Mayor Lund stated he would have to bring in some kind of drawings with measurements.
Mr. Lechy stated they are not increasing any fixture units. S.A.C. is based on the number of
fixture units.
Mr. Hickok replied it is based on seating and patio area.
Mayor Lund stated so even if there are chairs or tables on the patio area, is there a S.A.C. fee?
Mr. Hickok replied currently the language is based on every 7 person seating area in a patio or
dining location.
Greg Asproth, Two Stooges Sports Bar and Grill, asked if that would raise the occupancy of the
building.
Mr. Hickok replied he thought that would be a good question for the Fire Marshall.
Mr. Asproth stated that having the varied times for having a patio would be limiting. He would
like it to be the same hours they are open.
Tom Tomero, Pickle Park, said he agrees with his colleagues regarding the hours of operation.
He is not affected by the distance to a residential area. He said the survey that was sent out by
Ms. Skogen was very well done. The smoking bans have literally put people out of business so
for them it is very competitive. For his business, specifically, they would really like the chance
to show they can police themselves and be competitive. He does not think it is going to create a
mass of people who want to be out there after 10 p.m. during the week.
Mayor Lund asked Chief Abbott if they have had many calls to the places serving alcohol on
the patio.
Don Abbott, Public Safety Director, said he was not aware of any noise complaints. The deck at
Broadway is on the south side of the building and the building itself acts somewhat as a screen.
He said he is more interested in the hours because of the noise issue. If it were to become an
issue with enforcement of noise, they would be asking officers to basically, by themselves,
determine the loudness and what action to take. The issue of bringing out a sound meter and
taking readings is very problematic, they are not really experts. Expanding the restaurant to the
patio does expand the overall customer count of an alcoholic establishment and that could make
a difference in a police report. Also, the noise complaints would be coming in at the time of day
when the officers tend to be busiest with other calls.
Councilmember Bolkcom said she would rather start out slow. She would rather start out slow.
It is hard to take something away that is already there. It is nothing against any of the
establishments as she is sure they are well run, but she also does not want to put an additional
impact on the Police Department.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 12
Councilmember Barnette said he disagrees. He thinks it is fair to allow the patio during
normal business hours.
MOTION by Mayor Lund to waive the reading of the ordinance and adopt Ordinance 1242 on
second reading and adopt the official title and summary ordinance. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER SAFEKE AND COUNCILMEMBER VARICHAK VOTING AYE
AND COUNCILMEMBER BOLKCOM VOTING NAY, THE MOTION CARRIED ON A
4 TO 1 VOTE.
MOTION by Mayor Lund to amend sections of the ordinance to read as follows:
602.14(2)(K). The sale and consumption of 3.2% malt liquor within the patio is
limited to the normal business hours. No licensee, nor the employee, nor agent of any
license will serve, dispense, possess, display, or in any manner furnish 3.2% malt liquor
at any other time.
603.25(2)(K). The sale and consumption of intoxicating liquor within the patio is
limited to the normal business hours. No licensee, nor the employee, nor agent of any
license will serve, dispense, possess, display, or in any manner furnish intoxicating liquor
at any other time.
606.12(2)(K). The sale and consumption of intoxicating liquor within the patio is
limited to the normal business hours. No licensee, nor the employee, nor agent of any
license will serve, dispense, possess, display, or in any manner furnish intoxicating liquor
at any other time.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER SAEFKE AND COUNCILMEMBER VARICHAK VOTING AYE
AND COUNCILMEMBER BOLKCOM VOTING NAY, THE MOTION CARRIED ON A
4 TO 1 VOTE.
8. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA
#07-01, by Sam's Auto Parts, Generally Located at 7340 Central Avenue N.E.)
(Ward 2).
Scott Hickok, Community Development Director, stated he would present both Items 8 and 9
together. Barry Hoosline of Sam's Auto Parts has requested a rezoning of the property at the
corner of Old Central and 73rd to match the other three parcels so they would all become M-1
Industrial. Mr. Hoosline also requested a special use permit to allow his automobile recycling
business to continue. On April 18, the Planning Commission held a public hearing to review
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 13
both the rezoning and the special use requests. Mr. Hoosline's legal counsel spoke. No
members of the public were present to speak on the issue. The Planning Commission closed
their hearing and recommended approval by a 4 to 3 vote.
Mr. Hickok stated on May 7, the City Council held its public hearing regarding their rezoning
request. No separate Council special use permit public hearing is required. Council approved
first reading of the rezoning unanimously at that meeting. If Council approves the second
reading of the ordinance, the property would be eligible for a special use permit. A special use
permit is required for a junkyard or automobile recycling center to exist in an M-1, Light
Industrial District. Staff recommended denial of Rezoning Request, ZOA #07-01 for a number
of reasons:
1. The proposed rezoning is not consistent with the Comprehensive Plan which is
designated as redevelopment district.
2. The proposed rezoning would negatively impact the residential properties across
Central Avenue.
3. Sam's double frontage parcel does not allow adequate screening of an outdoor
intensive industrial use. They may also recall staff recommended denial of Special
Use Permit, SP #07-1, at the Planning Commission meeting because the proposed
site plan does not meet code-required curbing, paving, and building setbacks in any
of the four parcels that are involved.
4. The proposed plan does not include plans to remove all substandard buildings on the
site.
5. The proposed site plan does not include plans to remove fence height or setback
nonconformities.
Mr. Hickok stated if Council elects to approve the special use permit, staff recommends
approval being made contingent on the 18 stipulations. The 18th stipulation was recommended to
staff. The corner parcel had been a gas station at one time and Council had asked the question
about whether the tanks had been removed. The Fire Marshall did some research and found
there is no documentation saying those tanks had been removed.
Mr. Hickok stated staff also recommends that by October 1, 2007, the petitioner shall redesign
the site plan according to Code and obtain approval by staff. The plan must include a reduced
screening fence height or they must apply for a variance by that date. By May 1, 2008, the
petitioner shall have an approved grading and drainage plan by the Rice Creek Watershed
District. By May 1, 2009, the petitioner shall have all soil testing completed to discover
contamination. They shall have contamination mitigated and all of the non-conforming
buildings removed from the site. By October 15, 2009, the petitioner shall have completed all
storm water ponding improvements as required. By July 1, 2010, the petitioner shall complete
all curbing and paving according to the approved site plan. By June 1, 2011, all of the
stipulations, including installation of landscaping according to an approved landscape plan yet to
be approved by City staff shall be completed.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 14
Mr. Hickok stated if Council does not approve a rezoning and special use permit, there should
be some schedule for discontinuance of the operation. All of the following items would be
within one year:
1. The petitioner shall remove all business signage.
2. Remove all full or partial automobiles as well as parts outside the building.
3. Remove all automotive fluids and hazardous materials from the premises.
4. Remove and sweep all soil from paved surfaces at each entrance to the site.
5. Remove all fence sections and posts.
6. Remove any buildings which do not meet State Building Code requirements.
7. Remove all equipment and racking.
8. Remove all of the material and litter in the public right-of-way and around the site.
9. All disturbed soil must be graded and landscaped to assure soil is stabilized to resist wind
and water erosion.
Councilmember Varichak asked if the 18th stipulation should be added.
Mr. Hickok replied yes.
Councilmember Bolkcom asked if petitioner or his attorney were aware of the timeline.
Mr. Hickok replied, yes.
Councilmember Bolkcom asked what timeline Stipulation No. 18 would fall into.
Mr. Hickok replied it would fall within the four-year timeframe, by the end of 2011. Some of
that mitigation might take them some time. There might be some monitoring after. He thought
four years would be reasonable.
Attorney for Petitioner stated this was presented before. They are aware of it. They said they
would do everything and comply with it. The only thing he sees in here is it requires them to
obtain the approval of another governmental agency by a certain date. They will certainly make
the application, but they have no control over their timeframe.
Councilmember Bolkcom asked if he was aware of Stipulation No. 18.
Attorney for Petitioner stated they became aware of that tonight. His client advises him there
are no tanks there, but they will have to engage a reputable company to do that investigation.
MOTION by Councilmember Varichak to waive the reading of the ordinance and adopt
Ordinance No. 1243 on second reading with the following 18 stipulations:
1. Property owner conduct soil testing and provide City and other applicable government
authorities proof of clean soils prior to installation of any new impervious surface on any
of the parcels involved in the approved application.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 15
2. Once Petitioner owns all of the property used for his business, owner shall file necessary
documents with Anoka County to combine the parcels for tax purposes.
3. The single family home and the garage structures, which do not meet setback
requirements, on the 7340 Central Avenue parcel be removed and other accessory
buildings and fencing on the 1240 73 '/z Avenue parcel be removed according to the
petitioner's June 26, 2006 preliminary grading plan.
4. Petitioner to obtain approval of grading and drainage plan from the watershed district.
5. Petitioner to obtain any necessary approvals to operate an auto recycling center from the
appropriate governmental authorities.
6. Petitioner to obtain all necessary permits prior to construction or demolition.
7. Site Plan needs to be adjusted to provide code required curbing/paving installation
setbacks.
8. Petitioner to meet all building and fire code requirements.
9. City Engineering staff to review and approve final grading and drainage plan prior to
issuance of permits.
10. Storm pond maintenance agreement must be filed prior to issuance of land alteration
permit.
11. Petitioner shall obtain any required NPDES Permit and provide N URP ponding for entire
site.
12. Final landscape plan to be reviewed and approved by City Staff prior to issuance of land
alteration permit.
13. Provide proof that any existing wells or individual sewage treatment systems located on
the site are properly capped or removed.
14. Property owner of record at time of land alteration to correct any deficiencies in the water
and sewer connections to the buildings on site.
15. Secondary access curb cuts and gates in fence on Lot 16 and 17 on 73 '/z Avenue must be
removed as part of redesigned site plan.
16. Any business signs that are not approved currently by a sign permit must be removed
from the site until a permit is obtained.
17. Petitioner to reduce screening fence height to 8' or obtain variance.
18. Petitioner to provide proof that any unused underground storage tanks have been properly
removed or conduct a tank search and abatement if any tanks are found.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Special Use Permit Request, SP #07-01, by Barry Hoosline for Sam's Auto Parts, to
Allow an Auto Recycling Center in an M-1, Light Industrial Zoning District,
Generally Located at 7340 Central Avenue (Tabled May 7, 2007) (Ward 2).
MOTION by Councilmember Varichak to remove this item from the table. Seconded by
Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 16
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Varichak to Approve Special Use Permit Request, SP #07-01, by
Barry Hoosline for Sam's Auto Parts. Seconded by Councilmember Bolkcom.
Councilmember Saefke said he did not think it was the intent of the previous Council in 1975 to
create an automobile recycling business there. He is not anti-business. Mr. Hoosline has been
there for 17 years. Therefore, he will vote in favor of this although he is not necessarily in favor
of having salvage yards in the City of Fridley. He just wanted to be on the record.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. First Reading of an Ordinance of the City of Fridley Amending Chapter 7 of the
Fridley City Charter (Section 7.02 of the Fridley City Charter Pertaining to Utility
Rates).
Richard Pribyl, Finance Director, stated as they discussed in the public hearing, this is the first
reading of the proposed Charter amendment. The result of the amendment would be to remove
water, sanitary sewer, and storm water rates on the annual increase limitation within the City
Charter. In 2000, a successful initiative petition placed a question on the November 2000 ballot
adding restrictive language to the Charter regarding increases to property taxes and fees. The
restriction has imposed significant financial harm among the water, sanitary sewer, and storm
water funds. This proposed change to the City Charter would remove the restriction related to the
utility charges and allow the City to charge sufficient revenues to recapture it costs. Since the
year 2000 the City has lost $1,251,275 with budgeted loss of approximately $623,246 for 2007.
At this point, a loss of $735,486 is what they have budgeted for 2008. The water fund currently
has deferred the maintenance on its Highway 65 water tower due to a cash crisis in this fund. If
the City were to use the needed $1.1 million to refurbish the tower, there would be no money left
for day-to-day operations. The City has been historically amongst the lowest in the metro in
relation to its water and sewer rates. The most current survey taken by the engineering firm of
AES finds Fridley the second to the lowest city out of 41 communities who actually responded to
their survey in relation to the monthly water costs.
Mr. Pribyl stated the City has reviewed its options under the current Charter limitations and
finds no way of modifying the current rates or structure without removing the limitation as it
relates to the utility fees. In an attempt to assign the water system costs to those users who create
the costs, the current restriction does not allow for the rate to be modified to assign those costs.
Because of the mounting losses and damage this is causing to the City's financial outlook, they
feel it is necessary to remove the restriction from the Charter related to the utility charges. The
public hearing for this change was held on May 21, 2007. Staff is recommending approval of the
first reading.
Mayor Lund stated a petition may be started. He hopes that it does not occur. He is open to
other suggestions. They need to make some changes in order to get back on track.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 17
Councilmember Bolkcom stated even to get to the part of doing a different fee structure or
whatever it might be, they still need to amend the ordinance. She thinks it is malfeasance on
their part as City council members to allow themselves and the budget and funds to go in the
hole. She suggests someone sue them if this ordinance does not pass.
Councilmember Barnette stated he is in full agreement with all this. He just received his water
bill and the vast maj ority of it was for sanitary sewer. They have no control at what the sewer
board sets rates. He believes they have an obligation to do the right thing. He thinks they are
going about it the right way. The City needs to pay its bills. If we do not have the money to do
it, they have to go out and borrow it which is not good business.
Mayor Lund said if the petition is successful, it will cost the City and taxpayers between
$15,000 to $20,000 for this item to be put on the ballot this fall. This is a pretty basic
government service.
Councilmember Bolkcom commented on how we are not fixing one of our water towers. If
they continue to have deferred maintenance at what point does it become an issue?
Mayor Lund said he still remains open to trying to resolve the problem.
Councilmember Saefke stated he worked in the Water Department for many years. He is fully
well aware of the costs to run the operation. It is an enterprise fund. He asked if the liquor
stores were an enterprise fund.
Mr. Pribyl said they were.
Councilmember Saefke said if for instance Rick buys wine to sell at the liquor store, and he
pays $5 a bottle for it from the wholesaler and sells it for $4.50, there is no profit He is not
breaking even. That liquor store is going to go under. That is what we have been doing in the
water fund. We have been selling the water and taking care of the sewage for less than it costs
us to do it, and that is no way to run any portion of the City, much less than an enterprise fund.
He hopes the people signing any petition fully understand what they are doing because
eventually we will have zero. Right now the liquor enterprise fund is chipping in a half million
dollars a year to the general fund. Whereas the City's utility funds are dragging the City down,
and the City cannot borrow the money because we do not have any collateral. They could
borrow the money at an exorbitant interest rate, but then they are just going to pass the problem
on to future generations.
Councilmember Varichak stated she agreed with everyone that they need to do something. She
thinks they need to make a change in the wording and once the wording is changed, they could
have meetings with other people in the community to revise the plans and figure out the best way
to proceed. They do need to make the change, get back on track, and make it right for the City of
Fridley.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 18
MOTION by Councilmember Bolkcom to waive the reading of ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Resolution Ordering Final Plans and Specifications of the Costs Thereof: Mill and
Overlay Project No. ST. 2007-2.
Jon Haukaas, Public Works Director, stated this is the next step in creating the mill and overlay
project. They are looking at 61st Avenue and Seventh Street this year. A public hearing was
held May 21, 2007. Concerns were raised by both Council and members of the public regarding
whether it was necessary for parts of Seventh Street to be reconstructed. They still feel that it is
the right time to do it as part of a larger project. However, as a result of those discussions and
Council concerns, they are bringing back to them a resolution ordering final plans for a reduced
project. The limits of that would be 61st Avenue, from University Avenue to Seventh Street and
Seventh Street from 53rd Avenue north only to Medtronic Parkway. A couple of issues with this
are the proposed assessments that were presented at the public hearing worked out to just over
$1,000 per residential property. This reduction in a project, if they stayed with the policy, those
residential assessments would increase significantly. He does not know if they necessarily want
to do that. The non-assessable portions are generally spread out throughout a proj ect so we have
some economy of scale. This reduced project is going to change that. If they continue this way,
they are already making a change to the assessment policy. So over the last several years they
have shown them what it costs for residential assessment on a standard project. Although the
specific assessments are not part of the decision tonight, the decision tonight is the resolution
ordering the final plans and to move forward with it.
Mr. Haukaas stated he believes the assessment last year was just under $900. This year's
assessment is just over $1,000. Over the last seven years, the cost of asphalt has increased on
average 7 percent. They are going to continue to see an increase in the cost for asphalt. He
would recommend that when these are approved this fall at the public hearing after the proj ect,
he would suggest setting a residential assessment at $1,000 and from there increase it 5 percent
per year. It will make things easier to calculate and make it easier for people to know what is
coming up. The assessment policy as it was presented will still apply to commercial and
industrial properties and any other reconstruction proj ects other than mill and overlay proj ects.
Mr. Haukaas stated with respect to this project, they would also mill the approaches to the stop
signs at 53rd, 59th, and 61st Avenues because those are some problem areas. He would
recommend deleting his name from Paragraph 4 of the resolution. He said they will bring the
actual plans and specifications for approval at the next meeting.
Councilmember Saefke said with respect to the section of Seventh Street that is not being
milled and overlaid, what is the estimate on its valuable life.
Mr. Haukaas replied as with all of the City's streets, they are continually deteriorating. It does
have a very high level of traffic. There are other MSAS routes in Fridley that are worse.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 19
However, there are mitigating circumstances such as proposed construction coming up and they
do not want to do mill and overlay and then have somebody on it and build adj acent to it and ruin
the work, so they would rather wait. They are always going to have projects that need to be
done. They felt that it could last a little longer but it made sense, against that economy of scale,
to do it now and get that whole section put in.
Councilmember Saefke stated if they do it piecemeal, especially around the stop signs, the City
is going to have newer sections with older sections. When it comes time to do the part not done
now, he presumes they would just go all the way from 61st to 57th. He asked what was the cutoff.
Mr. Haukaas replied Medtronic Parkway. The milled pieces they are talking about at the stop
signs are really just a lane approaching the stop sign. So it would be southbound for 100 feet for
the stop sign approaching, 59th and northbound, only that lane. It is almost like going through a
water main break patch. For instance, on 61st from Seventh to Fifth to Sixth, that was redone
less than 10 years ago because during a sewer lining project the whole street collapsed. You can
drive through there and see it is newer than the other pieces but the are going to do it all because
it just makes sense to do it all. It is going to cost less to do it all at one time. These are going to
be patches, but it will improve the surface in those small sections in the meantime until they do a
full mill and overlay or other reconstruction on those roadways.
Councilmember Saefke stated he knows that some of the discussion at the public hearing on
this was cost. Mr. Haukaas has suggested they build in a 5 percent increase, but who is to know
what these costs are going to be five years from now. He said he does not know how cost
effective this will be, because they are going to be redoing stuff that was kind of pieced in this
time.
Mr. Haukaas replied there are economies of scale all the time. With mobilization costs and
traffic control, and striping, all are almost lump sum costs and so they are always present. The
larger the project you have, the less a percentage of it those pieces become. Overall, the per
square foot cost is reduced the larger project you have. Also, contractors will give you a better
price when they have a week's worth of work rather than a day's worth because they will be able
to keep their crews going longer and not have to keep looking for work to keep their company
profitable. As far as the specific mechanics of a future assessment policy for mill and overlay,
that is something they will have to decide at a later date. The 5 percent is just a first suggestion.
Councilmember Saefke asked about MSAS grants.
Mr. Haukaas said state aid funding is constitutionally dedicated. So there is some safety in that.
However, there are more and more cities reaching that $5,000 personal population limit. Right
now he believes there are 142 MSAS cities. Within the next 5 to 10 years there may be 30 more
cities that get added to that list without a much greater increase in funding so the whole pot is
being diluted. The City will be getting less money simply because of the fact of how many more
cities are splitting that pot. The American Public Works Association, the Minnesota Public
Works, and the City Engineers of Minnesota all are very concerned and see a problem coming up
in the future.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 20
Councilmember Saefke stated so in the future, the City will be getting less dollar amounts
which means less subsidy for the mill and overlays which means the cost to residents probably
will go up to make up the difference.
Councilmember Barnette asked if they did the intersections at 59th and 61st, just the stopping
lane, would those homeowners abutting that be assessed.
Mr. Haukaas replied the recommendation at this point is no, it would be just a patch in that
area. They would hire the contractor to mill those sections.
Councilmember Bolkcom asked about the assessments to the property owners.
Mr. Haukaas replied what was presented was based on the current assessment policy where a
residential property pays half of their half of the street based on a 32-foot wide street. He
believed the cost was $1,018 for the full project. When they recalculated it with those costs
removed, he believed that cost increase was to the range of almost $1,600 per property. So it
was a significant increase because of the number of residential removed by not doing the section
from 61St to Medtronic Parkway.
Mayor Lund stated so with the reduced project, the cost is $1,800. It goes from just over a
thousand to about $1,800.
Councilmember Bolkcom stated they just passed a policy not too long ago related to how they
are going to pay for these mill and overlay and they are already now suggesting a change. A
public hearing has been held. She asked if they could increase it.
Fritz Knaak, City Attorney, said as long as you are not substantially increasing the scope of the
proj ect itself.
Councilmember Bolkcom stated they are now kind of changing their policy. She has a hard
time with this. It makes sense to change the scope of the project. On the other hand does it
make sense now to suddenly not charge the people who are having it done in front of their
homes. It is more money.
Mr. Haukaas stated by reducing the scope of the proj ect and not increasing the associated
assessment, they are already changing the policy. That is why he was recommending that they
do it at a set cost of $1,000.
Councilmember Bolkcom asked if that was fair.
Mr. Haukaas replied that is for them to decide. He thinks it is a decent split.
Councilmember Bolkcom asked if money would come out of the street improvement fund.
Mr. Haukaas replied, no, the City has those dollars available in the MSAS account and it is
eligible for funding.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 21
Dr. Burns asked if it was threatening any other proj ects that the City is planning on funding with
MSAS dollars.
Mr. Haukaas replied it does not threaten any projects. One of the big questions is funding the
tunnel at 61st Avenue. We can fund it with MSAS funds and hopefully get reimbursement. The
City can run the balance negative. Several cities are constantly at a negative balance and there
are no penalties because there is a large balance of unused MSAS funds because other cities do
not always run their balance down to zero or they are building up a larger project in the future
year. If we continue to do that, we will have problems and have to defer proj ects.
Dr. Burns asked if it would affect the bikeway on 85th Avenue.
Mr. Haukaas replied, no.
Councilmember Bolkcom asked because this project is less than it was, is the City going to do
some other project or street.
Mr. Haukaas replied right now they are not planning on doing that. They are trying to be
vigilant with the City's funds. They do not want to draw them down too fast. Secondly, if they
expand the scope to another area that has not been notified, they have to start the process over
again. He does not want to delay this proj ect so they can add another area.
Councilmember Bolkcom asked Attorney Knaak whether they would have to start the whole
process over.
Attorney Knaak said they would have to do the whole thing over again.
Councilmember Saefke said it may be in the residents' best interests to do the whole project as
one unit this year so it is all uniform, and they will know what the cost is opposed to five years
down the road.
Tim Hughes, 5900 Seventh Street N.E., stated they walked the neighborhood to get a petition
going to get some of this stuff taken care of and to see what everybody was feeling about having
the road remilled and repaved. They asked the residents, of Seventh Street, between 53rd and 61st
Avenue, who stated they would not want Seventh Street and remilled and resurfaced until the
mechanical problems are addressed and repaired before putting a new street in. They would like
the washboard areas, mostly by the stop signs repaired for now. Basically exactly what the City
said they would do from 57th to 61st Avenues. They talked to people from the overpass of I-694
to 53rd and six homes were very adamant about having their road redone without having some of
the mechanical issues addressed. They have had their sewers totally snaked out because they had
tree roots and quite a bit of damage on their sanitary sewers, and they have had some gas main
breaks recently on Seventh. They would like that addressed. They have had multiple water main
breaks in the area.
Mr. Haukaas stated the City is only responsible for the main line. Properties are responsible for
their service from their home all the way to the center of the street. The City does do cleaning of
our mains. They are on a two-year cycle where they go through and clean every single main,
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 22
which is probably one of the most aggressive in the metro area, if not a larger region. Fridley
has really reduced City sewer backups. As far as fixing the mechanical problems, without
completely replacing the entire sewer or water main systems, they will always have these
problems and that is an extremely expensive proposition.
Mr. Hughes stated this week they had a gas main break on Seventh on Wednesday, June 5. He
asked what if the road is put in and they have another patch.
Mr. Haukaas replied, unfortunately, that will always happen. They are working with
CenterPoint Energy to replace all gas mains with every street reconstruction, but they cannot
rebuild every street in Fridley. The City cannot afford to do that.
Mr. Hughes asked if they could look at it somehow when they do the mill and overlay to make
sure it is going to be okay. He asked if it was just an unforeseen thing.
Mr. Haukaas replied they are doing all preventative maintenance we can at this point. There is
nothing more they can do.
Mr. Hughes stated some of the other concerns some people on Seventh have is if they were
going to use the roads they are repairing for some of the bigger construction trucks.
Mr. Haukaas replied every road is built for trucks, not cars. They are going to use what roads
they need to in order to get in and repair them. Trucks in the area for two months are not going
to destroy the roads if they weren't going to be destroyed anyways by garbage trucks, school
buses, other things like that. Those put at least equal loads on these streets on a weekly basis.
They are being cognizant of what routes they are taking, but they are not going to restrict them
from other roads just because they are not in the project area. They will run those roads but it
will only be for a short time.
Tom Sutherland, 5850 Seventh Street N.E., stated they just noticed they are doing Jefferson on
the east side of Seventh Street also. They were wondering what the easiest route was so heavy
equipment can get in there. He asked they did not do all of Seventh Street, from 53rd to
Mississippi Street.
Mr. Haukaas said their analysis of street conditions is a comparative analysis. What are the
worst ones, and that is limited by what the City can afford. They set a budget every year in what
they can do, and they look at those sections that fit within that budget range.
Mr. Sutherland stated another thing they ran into, when speaking to all the residents on Seventh
Street, was that it was not the worst street. Why not put the tax dollars and the money towards
the streets that needs it. For example, Mississippi Street, east of Old Central, on the New
Brighton border.
Councilmember Bolkcolm replied that is a County road.
Mr. Sutherland asked about Rice Creek?
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 23
Mr. Haukaas replied that is also a county road.
MOTION by Councilmember Saefke to adopt Resolution No. 2007-31 and to strike "Jon H.
Haukaas" from Paragraph 4. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
12. Extension Request for Preliminary Plat, P.S. #05-02, by Family Lifestyle
Development Corporation, Generally Located at 1314 Mississippi Street, 1340
Mississippi Street, 6421 Central Avenue and 6461 Central Avenue (Ward 2).
John DeMello, Family Lifestyle Development Corporation, stated they are still very excited
about this project. It has been a considerable challenge to find the right investor who does not
want to redesign the entire proj ect or change everything they have created.
Mayor Lund said they were concerned about the number of extensions.
Mr. DeMello stated he understands their concerns. He said he is open to suggestions. The
market conditions have change quickly.
Councilmember Bolkcom asked Mr. Hickok if they have ever granted four extensions on a
proj ect.
Mr. Hickok replied he could not recall. Town Center Development across the street had 3
before they got their final plat.
Councilmember Bolkcom asked Mr. DeMello if he thought this would be the last one.
Mr. DeMello replied he guarantees this will be the last one just because he is exhausted. He
wanted this project to go through. He is passionate about it and he loves it. He is working on
finding the right investor.
MOTION by Councilmember Varichak to grant an extension for Preliminary Plat, P.S. #OS-02,
by Family Lifestyle Development Corporation, for six months until December 4, 2007.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. Approve Change Order No. 1 to 2007 Street Improvement Project No. ST. 2007-1.
Councilmember Bolkcom asked about the sidewalks that are going to be removed. She asked if
there were any issues related to handicap accessibility.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 24
Mr. Haukaas replied the sidewalks that are going to be removed are the existing ones accessing
the field. With the fields being raised three feet, players would need to actually go upstairs to go
onto the field. By eliminating this and grading out behind that area, they will be putting in new
sidewalks that will be fully accessible.
MOTION by Councilmember Bolkcom to approve Change Order No. 1 to 2007 Street
Improvement Project No. ST. 2007-1. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Approve Easement Agreement Between City of Fridley and CenterPoint Energy
Resources Corporation.
MOTION by Councilmember Bolkcom to receive into the record a 9-page letter received on
June 8 from ProSource addressed to Mr. Jack Kirk Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom stated regarding the building, will it be going on 24 hours, when will
it be happening, and will be people be aware and informed of what is going on.
Mr. Haukaas replied they have had discussions with CenterPoint Energy, and they have been
extremely cooperative in making sure the City constantly knows what is going on with this
project. City Code does allow for the Director of Public Works to issue permanent alternative
work hours which is essentially what the City has done after a lot of discussions. One of the
stipulations of that permit will be that they get notice out to affected residents 7 to 10 days prior
to when the work begins. The drilling operation is something that once it is started, has to be
done continuously through completion. The alternate is to have it under construction for as long
as a month. As far as any noise, the drill is essentially a diesel engine that will be revving up as
it drives the drilling rods through the earth, and they just have to keep it moving until it is done.
Councilmember Bolkcom asked if there would be any air pollution.
Mr. Haukaas replied the majority of this equipment is newer and built with newer technology.
They still are using a diesel engines but they have mufflers and all the required emission
components on them . None of the drilling will be done really close to a home.
Councilmember Bolkcom asked whether the plan is for most of it to take place in the month of
July.
Mr. Haukaas replied they are going to begin in July. Some may happen in August. They do
want to have all the drilling pieces done by September. They will keep the City aware of the
dates.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 25
William Burns, City Manager, stated he believed the City does know they are going to start
south and move north.
Mr. Haukaas replied in general that is what they are looking at doing.
Councilmember Bolkcom asked whether in the letter to the residents a contact person will be
mentioned.
Mr. Haukaas stated the field operations person for CenterPoint Energy directly in charge of
sending out the letter will have his phone number and contact information on it.
Councilmember Bolkcom asked if any parks will have to be closed.
Mr. Haukaas said he did not believe so. Only the rear corners of two parks will be affected.
Jack Kirk, Parks and Recreation Director, said Plaza Park will be closed for a very short
period of time when they are doing the directional drilling. They have been very cooperative
with the rest of the parks.
Councilmember Bolkcom stated the memorandum from Mr. Kirk mentions there is a possibility
an additional easement may be required through Edgewaters Gardens Park and that the final
planning has not been completed.
Mr. Kirk replied that was correct as of last week. When they initially talked with them, they
had plans to go through a portion of the park but then they looked at actually going more on the
east side of the railroad corridor and just taking a very, very small portion of Edgewater.
Councilmember Bolkcom asked Mr. Kirk to summarize the differences between the easement
agreement in their packet dated June 4 and the one they received tonight.
Mr. Kirk replied they had to make some adjustments at Community Park for some additional
temporary easements.
Councilmember Bolkcom asked preserving the large oak trees in the park.
Mr. Kirk replied they are going to try and avoid any impact.
Councilmember Bolkcom asked if they would plant new trees.
Mr. Kirk replied he did not think that was addressed.
Mr. Haukaas stated the type of work they are doing is away from the oak trees so they do not
expect any direct impact to them. The drilling is going to be down really below the root zone.
They can certainly open that discussion with them.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 26
Councilmember Bolkcom stated she did not think it would not hurt to at least have a
conversation. She asked if the City could decide not to allow them to do the work.
Attorney Knaak said the City is in a significant position to say no and to fight it if they choose
to do so. The actual language of the easement does require that the grantee pay for damage or
loss which directly arises out of the use of the easement. That can be clarified to include
vegetation but if there were significant losses of oak trees, he would read that provision of the
easement language to give the City recourse if they could establish the damage was directly
related to their activity and use of the easement. He is not sure what rights this company has to
acquire a right-of-way under Federal law.
Mayor Lund asked about the open areas and its vegetation where they will be using a backhoe..
Mr. Haukaas replied the open trench areas are going to be part of their 2008 project so they
have not brought all of that to them yet. He is sure they started looking at it but the findings have
not been presented. They will have a lot of restoration in other areas. It is the problem areas and
environmentally sensitive areas that they are looking at doing their directional drilling.
Councilmember Bolkcom asked if they would be coming back for a second phase.
Mr. Haukaas replied any additional permits will be handled at staff-level. This is the only thing
that needs Council action at this point. They do have CenterPoint gas main easements along that
whole corridor. The Council is agreeing to the easements. There is not a Council action
agreeing to the proj ect.
Mr. Kirk stated the only exception to that would be if they do something more in Edgewater
Park.
Attorney Knaak stated they could pass this and ask for more clarification about replacement of
the trees. He thinks the protection Councilmember Bolkcom is looking for is already in the
agreement. He does not think there is any problem in seeking additional clarification or an
addendum, but based on her concern, they could pass the language and it would take care of the
problem in terms of the tree damage.
Councilmember Bolkcom asked if Council could be copied on the letter when it is sent out to
the residents.
Mr. Haukaas replied they will have Council added to the mailing list for all of the mailings.
MOTION by Councilmember Bolkcom to approve the Easement Agreement between the City
of Fridley and CenterPoint Energy Resources Corporation. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 27
3. Resolution Supporting the Improvements to Springbrook Nature Center Associated
with the SPRING (Sanctuary Protection & Renewal into the Next Generation)
Project and Supporting the Request to the State of Minnesota for Financial
Assistance.
Councilmember Barnette asked why they were including additional revenue in the resolution.
He asked how they were doing on fundraising.
Mr. Kirk said in 2005 the project was presented as a$5 million project, and both the House and
Senate were looking at $2.5 million and, at the last hour of the legislative session the
Springbrook proj ect was actually left out of the bonding bill. That was two years ago. This year,
the Senate approved $2.5 million in their bonding bill. The House ultimately recommended $2
million. Had it been funded this year as part of the bonding bill, it would have been funded at
the $2 million amount. It really did not change the amount, the project was still slated to be the
full project at the $5 million costs, and the Foundation would have had to raise more money to
make it happen. The amount was reduced by the House.
Mr. Kirk stated as the legislative delegation said tonight, they would like us to resubmit the
application. That is why the resolution is before them tonight. When they talk about the amount
going up from $2.5 to $2.8 that is being requested, the State is requiring us to do that. We have
two options: we can use their inflationary figures for the projects or we could have had hired an
architect which would have involved some expense to either the Foundation or City and redo all
the plans and come up with a more definite figure. They opted for using the inflationary figure
the State provided.
Mr. Kirk stated regarding the fundraising, they have been making contacts in. It is pretty
limited at this point, they did not want to kick off their major fundraising until the State had
approved the project. They have been doing a lot of the groundwork, and there are a lot of
people who are involved in this and are getting ready for it. If they do not get the matching
funds, it is his understanding the State is not going to give them the $2.8. The Foundation is
clearly aware of that.
Mr. Kirk stated when this project was first presented, there was discussion from the City
Council that if there was going to be a project, the operating money would have to be set aside
ahead of time in escrow to cover operating expenses. He heard the terms of maybe 20-30 years.
City Council then requested the Foundation and staff to come to a conference meeting and
present a business plan. The Foundation and staff have a joint committee that Parks and
Recreation Commission members have been on. They put together a business plan and came and
presented that to the City Council. It was his recollection that Council was satisfied with the
business plan to the extent they allowed wording to be put into the resolution that was passed
two years that said the operating costs would be a combination of additional revenues and money
provided by the Springbrook Nature Center Foundation.
Mr. Kirk stated they looked at some of the existing programs and way to increase enrollments
and participation. The Foundation had also said as part of this business plan, that they would
start contributing not only to the building fund but they would start contributing an annual
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 28
amount. It started out at $12,000 and then jumped up at the end of six years to $27,000. That,
together with the levy, and increased program revenue was going to generate the funding to
operate the facility and also put some money aside into a reserve fund so that Springbrook could
make improvements if they needed a new furnace, roof, etc. That business plan was presented to
the Council two years.
Councilmember Barnette stated he recalled when the referendum was passed, people were
promised that was for the continued operation of the Springbrook Nature Center, including
additional inflationary costs. When it got into additional costs from operating after that, he still
recalled that money was going to be set aside. He knows they talked about these other things. If
there is a certain amount of money, for instance another $100,000, and it they are not able to
come up with additional costs, what happens?
Councilmember Bolkcom stated she remembered they had a lot of discussion that there had to
be money put into an account. The money still has to be run through the City of Fridley. Once
this gets passed and the Foundation, along with a lot of community support, raises the other $2.8
million, it still has to come back to them and she thinks at that time they have a lot of latitude to
talk about and actually see a business plan and see how much money of that $2.8 million is going
to be put in a fund for future maintenance and improvements.
Councilmember Barnette made the reminder it is a city park, and the City Council controls the
park and what happens.
Joan Zmuda, 6051 Fourth Street N.E., stated apparently their idea of a nature center is not the
same as hers. A nature center to her is where you go and see nature in its natural habitat. You
learn about nature, you respect nature. It is not a place where you go to have parties. The
Springbrook Foundation does not own the center; Fridley does. The amount of taxpayer dollars
that we spend to subsidize Springbrook, she would rather spend on Fridley's infrastructure. Hire
a policeman, hire a fireman. Most of the people in Springbrook do not even live here or pay for
it. She was reading the resolution they are going to be voting on. She agrees with the first two
paragraphs and that is about as far as she goes. The Nature Center does not need health and
wellness, community gatherings, celebrations and business meetings. That is not what a nature
center is all about.
Mayor Lund said he respects Ms. Zmuda's concerns about a nature center. That is one of the
reasons or the ideas behind some of this from the Foundation which is an all volunteer group of
people who have this plan to ask for money from the State, and they are willing to raise the
additional funding, about $2.8 million. He thought that was pretty nice for a group of volunteers.
She may not think it is an enhancement. He thinks it is when they are using approximately 7
acres of 127 acres to preserve the remaining 120 acres. They used to have an amphitheater but it
became so dilapidated that they had to eliminate it. He thinks an amphitheater, indoor and
outdoor, as they propose is an enhancement to benefit seminars that the DNR or others put on
relating to nature. He thinks, people are probably the biggest culprits of ruining natural habitat;
and their goal is to somehow restrain wear and tear on the other 120 acres by accommodating
large groups of people to learn about nature and its habitat.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 29
MOTION by Councilmember Barnette to adopt Resolution No. 2007-29. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Reports
Scott Hickok, Community Development Director, thanked everyone for their participation in
the recycling event which was an enormous success.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 11:52 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
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FRIDLEI'
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
June 25, 2007
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
June 12, 2007
Second Reading of an Ordinance Proposing an Amendment to Section 7.02 of the Fridley
Charter Pertaining to Utility Rates
Due to the continuing losses in the utility funds; along with issues surrounding the inability to bond
for necessary capital improvements; and the question as to the legality of the charter's restriction on
utility fees within the Enterprise Funds; the Charter Commission recommended an ordinance
amending Chapter 7 of the Fridley Home Rule Charter. This amendment would redefine utility
charges and allow the City to increase the rates for the utility services they provide by charging rates
that would recover the actual costs of providing the services to its customers.
Chapter 410.12, subd. 7, of the Minnesota Statutes allows an amendment by ordinance upon
recommendation of the Charter Commission. It requires publication of the proposed amendment at
least two weeks before the public hearing before the City Council, and the ordinance must be adopted
within one month of the public hearing requiring a unanimous vote of the City Council. The legal
notice was published in the May 3rd, lOth, and 17th 2007 edition of the Fridley Sun Focus, the public
hearing was held May 21st and the first reading was held June l ltn
Staff recommends holding the second reading of an Ordinance Proposing an Amendment to Section
7.02 of the Fridley City Charter Pertaining to Utility Rates.
ORDINANCE
AN ORDINANCE OF THE CITY OF FRIDLEY AMENDING CHAPTER 7 OF THE FRIDLEY
CITY CHARTER
WHEREAS, The City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes
Section 410 and its own City Charter, has the power to amend its Charter; and
WHEREAS, one method of amending its Charter is by Ordinance through the unanimous consent of its
City Council; and
WHEREAS, the City, through its Council, with the review and consent of its Charter Commission, has
determined that current language of the charter related to restrictions on fee increases for utility services
is causing deep and significant harm to the finances of the City and that a change in the Charter language
is necessary to mitigate even further harm from being caused by the Charter to the City's finances.
IT IS, THEREFORE, HEREBY ORDAINED THAT:
The Charter of the City of Fridley, specifically Section 7.02, subsection 3, is hereby amended to read as
follows:
Any other fees created, or increased beyond the limits set forth in subsection 1, shall require
voter approval as stipulated in subsection 2.
A. For the purposes of this subsection, "fees" includes sales and use taxes, ' , recycling
fees, gas and electric franchise fees and any other fee that produces a tax burden or direct
financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152)
B. For the purposes of this subsection, the term "fees" does not include: Utility char�es, Parks and
Recreation Department participation fees, charges for photo-copying, sales of municipal liquor
store products, or civil and criminal fines and other charges collected in cases of restitution or
violation of law or contract. The term "fees" also does not include rental housing fees, building
permit fees, liquor license fees, the e�tension or transfer of cable television service authority to
additional service providers for which fees are already being charged, fees for the operation of
junk yards, annual license fees for the operation of pawn shops and other regulated business, and
any other charge for services, including health and safety related Code enforcement, and other
goods, services or materials routinely provided by the City to its citizens or other members of the
public which, by law, must be limited to the actual cost of the service being provided. The term
"fees" shall not include any special assessments made under Minnesota Statutes Section 429.
(Ref Ord 1152)
There being five council members present and voting in favor of this Ordinance, it has been duly
adopted this day of , 2007.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public hearing. May 21, 2007
First Reading: June 11, 2007
Second Reading
Publicarion:
CITY OF FRIDLEY
PLANNING COMMISSION MEETING
JUNE 6t", 2007
CALL TO ORDER:
Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 pm.
MEMBERS PRESENT: Brad Dunham, Dean Saba, Diane Savage, David Kondrick, Jack Velin
MEMBERS ABSENT: Leroy Oquist
OTHERS PRESENT: Stacy Stromberg, City Planner
Glen Harstad, 14152 Terrace Road
APPROVE OF MINUTES:
1. Approval of April 18, 2007 Planning Meeting minutes
MOTION by Commissioner Kondrick to approve the minutes as submitted. Seconded by
Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING:
Consideration of a Special Use Permit, SP #07-03, by Glen Harstad, to allow an
expansion of an existing self service car wash in a C-2, General Business Zoning
District, legally described as Lot 1, Block 3, Commerce Park, Anoka County, Minnesota,
generally located at 7320 University Avenue.
MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner
Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M.
Stacy Stromberg, City Planner, stated that the petitioner, Mr. Harstad, is seeking a special use
permit to allow an expansion of the existing carwash building located in a C-2, General Business
zoning district, which is located at 7320 University Avenue. The petitioner is proposing to
construct a 26 ft. by 74 ft. (1.924 sq. ft.) addition to the west of the existing 2,100 square foot
carwash. The addition will allow 4 additional self-service wash bays.
Ms. Stromberg stated that the subject property is located on University Avenue, just north of
73rd Avenue. The property was originally platted in 1965 as one lot that also encompassed the
lot south (7300 University Avenue) of the subject property. In 1970 the property was developed
and a special use permit was granted to allow the construction of the existing self-service
carwash and for an additional car wash and gas sales in the 7300 University Avenue property to
the south. In 1977, a lot split was granted to separate the 7300 and 7320 University Avenue. At
that time a variance was also granted to recognize a 5 ft. side yard setback for the existing
carwash building. Since that time the property has continued to exist as a self-service carwash.
Ms. Stromberg stated that motor vehicle wash establishments are a permitted special use in the
C-2 zoning district, provided they meet the necessary requirements, related to building and site
requirements, subject to the stipulations suggested by staff. All of these requirements are being
met with the proposed addition, which the exception of the expansion of the existing 5 ft. side
yard setback along the southern side of the property and the hard surface setback requirement
along the western property line.
Ms. Stromberg stated that City Code requires a side yard setback of 15 ft. in the C-2, General
Business zoning district. When the subject property was split from 7300 University Avenue in
1977, a variance was also granted to recognize the location of the existing carwash. Since, the
petitioner is proposing to add an additional 26 ft. of building at the 5 ft. setback, a variance is
required.
Ms. Stromberg noted that City Code also requires a 20 ft. setback for all parking and hard
surface areas from any public right-of-way. The petitioner has also applied for a variance to
reduce the hard surface setback requirement from 20 ft. to 10 ft. so the new carwash bays will be
more accessible. Both of these variances will go before the Appeals Commission on June 13,
2007.
Ms. Stromberg stated that the proposed addition meets all other setback and lot coverage
requirements. City staff hasn't heard from any neighboring property owners.
City Staff recommends approval of this special use permit request as motor vehicle wash
establishments are permitted special use in the C-2 Z, General Business zoning district, provided
that the proposed expansion complies with the requirements for the special use permit subject to
stipulations.
Ms. Stromberg stated that Staff recommends that if the special use permit is granted, the
following stipulations be attached.
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The parking lot shall be restored to Code requirements for paving, curbing and painting
after the addition is completed.
3. The petitioner shall submit a drainage plan and receive City engineering staff approval
prior to issuance of a building permit.
4. The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line, instead of the required 3 ft. set back.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
Commissioner Kondrick asked if the people to the south are okay with the 5 ft. variance.
Ms. Stromberg answered that the property to the south also has a 5 ft. setback and staff has not
heard from any neighbors.
Commissioner Kondrick asked if the lot had to be re-striped for customers.
Ms. Stromberg answered that there are no parking stalls required on this parking lot.
Commissioner Kondrick stated that he was referring to when people finish washing their cars
and park outside the stall to wipe their cars. The striping would direct people where to park their
cars to wipe them off.
Ms. Stromberg said that the request could be something staff could look into if needed.
Mr. Harstad, 14152 Terrace Road, said he is a resident of Ham Lake and the owner of the
carwash. As of June 1, 2007 he will have owned the carwash for 26 years. The carwash was
developed in 1972 and there were several partners in the business together, one of the partners
was his father. The carwash has been a good business and has allowed him to provide for his
family. After all these years it is time for a face lift. In 2000 the door ways were expanded to
make it easier for vehicles to get in and out. This is a very busy carwash and in the past they
used to run a 25 cent Tuesday special. This would bring so much business it would create a
traffic jam in the area. Now there is a 50 cent Tuesday special and the deeper bays will double
the capacity moving people through more efficiently. Wth the new proposed elevation plan, the
City of Fridley will have one of the nicest looking self service carwashes. He is investing a lot of
money to make it look nice.
Mr. Harstad wanted to address Commissioner Kondrick question regarding the parking. Even
though most people go to the vacuums when they are finished with their carwash, he would like
to strip out designated areas and also paint arrows to direct people out of the carwash when they
are finished.
Commissioner Savage stated that she did not particularly care for the appearance of the
carwash and that it looked out of date. She asked what kind of change in appearance would be
with the new carwash.
Mr. Harstad answered that the new carwash would not be longer, just deeper. The exterior of
the building will be stucco with a Spanish type wood trim. The building will have a high pitch roof
with dormers on the front side. New blocks will be installed all around the building and it will look
very up to date. He said they will use blocks as brick will break down after a period of time
because of the moisture. The carwash also has a problem with graffiti and that will be taken care
of right away as the colored block or rock face block can be painted anytime should vandalism
occur.
Commissioner Kondrick asked if he had any problems with the stipulations.
Mr. Harstad answered no.
Commissioner Dunham stated that this will be a nice looking building.
Commissioner Velin asked if customers could drive in from the service road or from University.
Mr. Harstad answered that the entrance will not change and customers will be directed to pull to
the furthest stall and the next customer should pull behind them. There will be loops in the floor
so customers know which bay is open. This will make it easier for people to know when they can
drive in.
Commissioner Kondrick asked if there are two bays and the first one is full, should the
customer drive around to enter from the other side to get to the empty bay.
Mr. Harstad answered that he hoped customers would not do this, but to wait for the person
using the wash to pull forward. The other side is designed for exit only and it would disrupt the
traffic plus people get upset when others pull in front of them.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner
Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:54 P.M.
Commissioner Savage asked if an additional stipulation needed to be added regarding the
variances.
Ms. Stromberg said they could add a stipulation if the Commission would like.
Mr. Harstad said that the business will be closed for 1 1/2 months, probably AugusUSeptember,
for construction.
MOTION by Commissioner Saba, seconded by Commissioner Velin, to approve the consideration
of a Special Use Permit, SP #07-03, by Glen Harstad, to allow an expansion of an existing self
service car wash in a C-2, General Business Zoning District, legally described as Lot 1, Block 3,
Commerce Park, Anoka County, Minnesota, generally located at 7320 University Avenue with the
following stipulations.
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The parking lot shall be restored to Code requirements for paving, curbing and painting
after the addition is completed.
3. The petitioner shall submit a drainage plan and receive City engineering staff approval
prior to issuance of a building permit.
4. The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line, instead of the required 3 ft. set back.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
6. Special Use Permit approval is dependent of approval of the setback variances related to
VAR #07-02.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
This item will be heard before the Appeal Commission on June 13, 2007 and the City Council on
June 25, 2007.
OTHER BUSINESS:
Stacy Stromberg reminded everyone that there is no meeting on June 20th and the next
scheduled meeting would be July 4th so that meeting is cancelled as well. Also the Preliminary
Plat request by Bruce Westman for the twin home that was discussed on May 2, 2007 agenda
was approved by the City Council. The next meeting will be the 3rd week in July.
ADJOURNMENT:
MOTION by Commissioner Kondrick to adjourn the meeting. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MEETING ADJOURNED AT 8:OOP.M.
Respectfully Submitted,
Krista Monsrud
Recording Secretary
�
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CffY OF
FRIDLEI'
TO
FROM
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
Layne Otteson, Assistant Public Works Director
June 25, 2007
PW07-032
SUBJECT: 2007 Mill and Overlay Project Resolution Receiving Final Plans and
Ordering Ad for Bids
The attached resolution receives the final plans and specifications and authorizes the
advertisement for bids for the 2007 Mill and Overlay Project No. ST2007-2.
The project encompasses primarily two streets in the City and totals approximately 0.7 miles.
The proposed streets include 61 st Avenue (from University Avenue to 7th Street) and 7th
Street (from Medtronic Parkway southerly to 53rd Avenue). Project is funded using
residential assessments, commercial/industrial assessments and the use of MSAS funds. A
Public Hearing on the assessments for this project was held at the May 21, 2007, City Council
meeting.
Recommend the City Council adopt the attached resolution to proceed with the project and
receive bids for the work..
LO; jb
Attachments
RESOLUTION NO. 2007-
RESOLUTION RECEIVING FINAL PLANS, SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS: MILL AND OVERLAY PROJECT NO. ST. 2007 - 2
WHEREAS, the construction of certain improvements is deemed to be in the
interest of the City of Fridley and the property owners affected thereby,
and
WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to
systematically rehabilitate streets in the City, and
WHEREAS, Resolution No.2007-23 ordered the preliminary plans, specifications
and feasibility report for the improvements in this project, and
WHEREAS, Resolution No.2007-25 received the preliminary plans,
specifications, feasibility report, and called for a public hearing on the
matter of the construction of certain improvements for this project, and
WHEREAS, Resolution No.2007-31 ordered the final plans, specifications and
estimate of costs on the matter of the construction of certain improvements
for this project, and
WHEREAS, a public hearing was held on May 21, 2007 regarding this project,
and
WHEREAS, the City Council has determined a need to resurface the streets to
maintain them in a safe condition and at a reasonable cost.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley,
Anoka County, Minnesota, as follows:
1. That the following improvements proposed by Council Resolution No.2007-23
are hereby ordered to be effected and completed as soon as reasonably
possible, to-wit:
Street improvements including milling, hot-mix bituminous pavement, loop
detectors, striping, and other facilities located as follows:
61St Avenue - University Avenue to 7tn Street
7tn Street - 53rd Avenue to Medtronic Parkway
2. That the following work be incorporated in the 2007 street improvement
project as ST. 2007 - 2.
3. That the work to be performed under this project may be performed under
one or more contracts as may be deemed advisable upon receipt of bids.
4. That the Director of Public Works is hereby designated as the engineer
for this improvement. That person shall administer the design and
construction of such improvements.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY
OF JUNE, 2007.
SCOTT J. LUND - MAYOR
Attested:
DEBRA A. SKOGEN - CITY CLERK
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
� •
TO: William W. Burns, City Manager �� •
FROM:
DATE:
SUBJECT:
Jon H. Haukaas, Public Works Director
June 25, 2007
PW07-033
Acceptance of Easement and Property for 85th Ave. Trail Project
One of the final steps before we go out for bids on the 85�' Ave Tra.il Project is for the City to
accept easements from Slumberland and Springbrook Cove and to accept an "Act of
Donation" of property from Wal-Mart. We have reviewed these documents with the City
Attorney.
Recommend the City Council accept the atta.ched easements and donation of land for the 85�'
Ave. Trail Project.
7HI3; jb
Atta.chments
11
9219 East River Road NW
Minneapolis, MN 55433
Phone 763-786-1445
Fax 763-786-1030
www. prosou rcetech.com
May 24, 2Q07
Mr. Kevin Hoglund
Bonestroo Rosene Anderlik & Associates
2335 west Highway 36
St. Paul, MN 55113
prosource
TEC!lNOLOGIES, iNC.
Re: Fridley Trail
Transmittal of Original Right of Way Documents and Instructions
Dear Kevin:
Enclosed are the following original trail acquisition docuxnents:
• Easement from Larson Enterprises (Slumberland).
• Easement from Shamrock Development (Jerry Teeson).
• Donation agreement for a strip of fee land from Wal-Mart.
The following actions are necessary:
• The City should confirm that the terms of these agreements are satisfactory for the
intended trail construction and use.
• Following approval, the easements from Larson Enterprises and Shatnrock
Development should be filed of record.
• The City or ProSource Technologies, Inc. (ProSource) can handle the recording.
• The Act of Donation needs to be signed by the appropriate City official and
acknowledged by a notary.
- The City signature block is drafted for the signature of the "Assistant Secretary."
That needs to be crossed out and replaced with the title of the person signing, either
written or typed in.
- A copy of the fully signed document should be returned to ProSource.
- The document should be filed of record. The City or ProSource can handle the
recording.
It is possible the Recorder of Deeds will object to the recording of this document
without first undertaking a lot-split or amendment of the plat.
- A copy of the recorded document should be returned to ProSource and we will
forward it to Wal-Mart.
Remaining to be completed is a draft thank you letter to each of the parties and a
proposed media release from the City. Please call me if you have any questions.
Sincerel
Curtis M. Proud
ProSource Technologies, Inc.
Environmental. Right of Way. Engineer�i�ng2
Equal Opportunity Employer
0
�
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Proj ect:
County:
Acquisition No.:
City of Fridley 85th Avenue Trail Project
Anoka County
Easement Ae;reement
THIS� EASEMEN AGREEMENT (hereinafter "Easement") is entered into this
�.�day of , 2006 between Laxsen Enterprises, a Minnesota
General Partnership, whose mailing address is 3060 Centerville Road, Little Canada,
Minnesota 55117 (hereinafter "Grantor"), and the City of Fridley, a municipal
corporation and political subdivision of the State of Minnesota (hereinafter "Grantee").
WHEREAS, Grantor is the owner of real property ("the Propert�'} located in Anoka
County, Minnesota, and legally described as follows:
Lot 1 of Block 2 of Wal-Mart in Fridley, Anoka County, Minnesota, according to
the recorded plat thereof.
WHEREAS, Grantee desires to construct a city trail ("Trail") within the Property for
public purposes.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. EASEMENT. Grantor grants and conveys to Grantee an easement and right of way in
the described Easement Area for the purposes of constructing, operating, maintaining
and replacing a trail and pathway for public purposes.
2. EASEMENT AREA. The Easement Area conveyed by this document is 20-foot by
501.11-foot strip of land which extends across Lot 1 of Block 2 of Wal-Mart in
Fridley as depicted on "Exhibit A" attached hereto and made a part hereof. Grantee
shall have the right to use specified additional areas for workspace purposes for the
construction of the trail and its repair and maintenance.
113
�. G�:�?�TC}R'S I2EPRESF;ti'�t1TItJ'� f'��vl) G�',-�R.F�.��'"�IES. Grantor ���arrants anci.
re�reserits tc� C.irant�� th�t Grat�tar i� the saIe legai c�E�Jner of tize �ro�eriy in tee
sizr��le. Th�; prc�p�rt�y is r��r�t t�c�t�- su�j�ct tc� an}• 4�-r�tten €�r oral l�ase, e�ptic�r�,
a�-e�inenl o�h sal�, el�im, ar le��l prt�ceec�in� excep� �s ��t �'or�fi hereir�.�Gr�n�c�r ha�s
#��e. Ei�11 pc��rer atic� aut.hc�ri�v ta executG z.lZis �ase�ne��t A�reement.
�. I:�'DF'11�IFIC�TIfJ�I. "I'c� t�e extc:nt perinitt�.d E��Y la��•, Gz-�ntee h�rebW ��rees to
i��lc��mr�if���� a�€� ho(� ha�n�ess G�-a��ic�r frc�z�z find ���ix��t �II thircl-��-ty e�ain�s u�hiel�
�i�a�� resulf frorn the c�onstrti�t�ion� c��erati��i, a��d n�ainte�n�nc� c�F said faciii�ies,
including but nrat Iirs�iicci to iz�}t�ries to c�r �ieaths of persc�n�, cot�rt costs and
redsonable attc�meas' fees, ��hen du� to th�; ne�Iigenc� of Grante�, its einpioye�s or
cc�ntractors.
�. GC��'�R�� �.�Cr L�t�v'. "I`h�is �ase3�len�, ar�d th� ri�h�� �t�d �a�ali�a�Cioz�s €���� �he part�ies
h�r�;unc��r, shall �e ec�nstru�d, intc rpr�t�c�, enfc�rceci, and �c�verrl�tl by ti�e l���s c�f the
State of ;tr�innesc�ta, uriti7�t�t reg�.r� to cl�c�ice ot' 1a�� �rinc�ples ther�of.
�i. Ct�:��YLE"I'E �GREE���tiT. The tcnns and c�nditic�ns c��' this Fase��ti.nt shall
constitute co�i�nat�ts running w°ith th� I�nc�, and shaii be binriin� u�an�aztct inure ta il�e
�er�e�t t�f the �arties hezetc�, their succ�ssc�rs, hGirs, and assi�ns. �nv ����nc3men� to
this� E�s�m�nt �ha1t �e ��alid onlv if �nade in v��z-itirtg anci executeci b}F the undersign; d
Crantor anei Gr�t�c c�r their succ�ssors, he;irs c�r assi�ns.
7. CU':��L�ITIC}'���. C`sr�n�e�, a�,re�� t�Zat i� u��i� f�ll ar����s� o�f the surface pc�nc� �lon� t��
n�rthem prap�rty Iine c�f Grar�ior� a�d 2ha� Grante� ���ill keep th�, easeinent are�
�r�o��=�€� a���f rnaiz�t�in�d in �€ nea� tn�.tter.
TO Fi��l�j"F ��;I� T� I�1OLD saic� easert7�,nt, ri�ht c�f u�ay and pri�•ile�es untc� th�; Grante�,
�ts successors a��d assi���s, un.til such tzrr�.� as Grantee, its st�ccessors arid assi�nst reteases
c�r z-�Iinyuishes, in G��-itin�, its rights h�rein �rantcd.
I�v t��I�I'ti�SS t�'`�-�EIZEC�f�, the unciersi�i�ed l�as e�used this ins#rument ta �e duiy e�ccuted
as c�i the .� � da}�r of .3�-� �y ,?0�?6.
Grantcar(s):
C.,ars�n �rtter�rises,
a ��innesota Gen�ral Partncrship
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,,. , ��„��,-, �.� � . � �... the ,._. ',��.�`��.�.--� �'�.�.-� �- �.
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ci�`sLri c� in ant� ��•hc� ex cuted the fore�crin� in�trument an�i ackno��Ied�ec� thar ti�e}T
executcc� the saa�� a5 their free act anci deed. ,,r''`
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prc�Sc�urc� Technalc��ses, Inc., ?i7 C�an R�pids Bc�ul�vard. S��ite 44=�, ��inne�pulis, :�fti'
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Proj ect:
County:
Acquisition No.:
Easement A�reement
City of Fridley 85th Avenue Trail Project
Anoka County
��
THIS EASEMENT AGREEMENT (hereinafter "Easement") is entered into this ��1 day
of (�. e�- l� L� , 2006 between Shamrock Development, Inc., whose mailing
address is 3200 Main Street # 300, Coon Rapids, Mi.nnesota 55448, (hereinafter
"Grantor"), and the City of Fridley, a municipal corporation and political subdivision of
the State of Minnesota (hereinafter "Grantee").
WHEREAS, Grantor is the owner of real property ("the Property") located in Anoka
County, Minnesota, and legally described as follows: !
Outlot D, Springbrook Cove, Anoka County, Minnesota according to the recorded
plat thereof.
WHEREAS, Grantee desires to construct a city trail ("Trail") within the Property for
public purposes.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. EASEMENT. Grantor quit claims and conveys to Grantee an easement and right of
way in the described Easement Area for the purposes of construc.ting, operating,
maintaining and replacing a trail and pathway for public purposes.
�
0
2. EASEMENT AREA. The Easement Area conveyed by this document is:
All that part of Outlot D, Springbrook Cove, Anoka County, Minnesota,
lying north of a line parallel to and 25 feet south of the southerly right of
way line of 85th Avenue N. E. (CSAH 132). Following receipt of
permission of Grantor, Grantee shall have the right to use specified
additional areas for workspace purposes for the construction of the trail
and its repair and maintenance.
3. GR.ANTOR'S REPRESENTATION AND WA�ZRANTIES. Grantor makes no
warranty or representations to Grantee regarding title to or possession of the Property.
4. INDEMNIFICATION. To the extent permitted by law, Grantee hereby agrees to
indemnify and hold harmless Grantor from and against all third party claims which
may result from the construction, operation, and maintenance of said facilities,
including but not limited to injuries to or deaths of persons, court costs and
reasonable attorneys' fees, when due to the negligence of Grantee, its employees or
contractors.
5• GOVERNING LAW. This Easement, and the rights and obligations of fhe parties
hereunder, shall be construed, interpreted, enforced, and governed by the laws of the
State of Minnesota, without regard to choice of law principles thereof.
6. COMPLETE AGREEMENT. The terms and conditions of this Easement shall
constitute covenants running with the land, and shall be binding upon and inure to the
benefit of the parties hereto, their successors, heirs, and assigns. Any amendment to
this Easement shall be valid only if made in writing and executed by the undersigned
Grantor and Grantee or their successors, heirs or assigns.
TO HAVE AND TO HOLD said easement, right of way and privileges unto the Grantee,
its successors and assigns, until such time as Grantee, its successors and assigns, releases
or relinquishes, in writing, its rights herein granted.
IN WI'TNES�WI-�REOF, the undersigned has caused this inshument to be duly executed
as of the � y- � day of (Q�� �,c, , 2006.
Grantor(s):
- Sh evel p ent c
B �
(Name) n
� ItS: C� d� CCe, V� e'S l�� �'t�,
2
19
�1-l�l�03�
Social Security /Tax Identification No.
STATE OF . ��1�4��,� �(;�� )
) ss.
COUNTY OF C�r,�-�p� )
On this �,3 �1day of �, t�,�� � 1\ , , 2006 before me personally appeared
� � the -SrO �- � ic� �C'�±,��t\�'C�C
of � �`� r known to be the person(s}
described in and who executed t e foregoing instrument and acknowledged that they
executed the same as their free act an� deed.
,
L C
Not
._,._.�;�.� �.._=-,.�8_,.a..� .�.-
'•,;;; ,�},�;=•" z� �;, �.,�r� C. McFARLIN
� x;��� ' IVotary Public
� XF �'�>�= Minnesa4a
�_.�r,.�
'�'�"'""'4" hir, Ccmmission Expiros January 31, 2010
. � :3 .��, �
0
This document was drafted by Gregory A. Wheeler (Minnesota License No. 271639), '
ProSource Technologies, Inc., 9219 East River Road NW, Coon Rapids, Minneapolis,
MN 55433.
32�
ACT OF DONATION
On the dates and at the places hereafter set forth, in the presence of the undersigned Notaries Public and the
wimesses personally came and appeared:
WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware Statutory trust, whose address
is declared to be 702 SW 8�' Street, Bentonville, Arkansas 72712 with a mailing address of 2001
SE 10�` Street, Bentonville, Arkansas 72716-0550, c/o Wal-Mart Realty Management #44-9384,
and whose taxpayer identification number is 71-6167580 represented herein by its duly authorized
undersigned officer ("Wal-Mart"); and
THE CITY OF Fridley, a municipal corporation and political subdivision of the State of
Minnesota, whose mailing address is 6431 University Avenue N E, Fridley, Minnesota, 55432, and
whose taxpayer identification number is 41-6007700, is represented herein through its duly
authorized undersigned officer.
Both of whom agree as follows:
PRELIMINARY RECITALS:
A. Wal-Mart is the owner of the property more fully described as Lot 1, Block 1, WAL-MART IN
FRIDLEY, Anoka County, Minnesota.
B. City of Fridley proposes to construct and maintain a public trail way along the northern 25-feet of said,
Lot 1, Block 1, WAL-MART IN FRIDLEY, Anoka County, Minnesota.
C. Wal-Mart desires to donate the northem 25-feet af said, Lot 1, Block l, WAL-MART IN FRIDLEY,
Anoka County, Minnesota to the City of Fridley for public trail purposes.
NOW, TIiEREFORE, Wal-Mart and the City of Fridley agree as follows:
1. Donation: Wal-Mart hereby irrevocably grants, conveys, transfers and delivers all of its right, title and
interest in and to the northem 25-feet of said Lot 1, Block 1, WAL-MART IN FRIDLEY, Anoka
County, Minnesota, without warranties of any kind whatsoever, to have to hald unto the City of
Fridley, its successors and assigns forever.
2. No Revocarion: Wal-Mart further waives and forever renounces any right of revocation of the Act of
Donation in whole or in part, and Wal-Mart does forever divest themselves of any present and future
interest in or control of dominion over the northern 25-feet of said, Lot 1, Block l, WAL-MART IN
FRIDLEY, Anoka County, Minnesota.
3. Acceutance of Donation: The City of Fridley irrevocably and unconditionally accepts the Act of
Donation herein made and aclaiowledges receipt of northem 25-feet of said, Lot 1, Block 1, WAL-
MART IN FRIDLEY, Anoka County, Minnesota.
4. Indemnitv, Insurance and Hold Harmless: The City of Fridley agrees to indemnify, defend, and
hold Wal-Mart, its officers, directors, contractors, agents, representatives and employees, and save
them harmless from and against any and all claims, actions, damages, liability and expenses
(including reasonable attomeys' fees) in connection with loss of life, personal injury and/or damage to
property arising in whole or in part from the omission, faulty, willful act, or negligence of the City of
Fridley, its officers, members, contractors, agents, employees, subcontractors, invitees and visitors in,
on or about northern 25-feet of said, Lot 1, Block 1, WAL-MART IN FRIDLEY, Anoka County,
Minnesota in the operation, replacement, maintenance, or any construction of its public trail.
07/31/06 �►f �
815 act of donation �
5. Future Fees, Taxes, Assessments: The City of Fridley shall not levy any city fees, taxes or
assessments related to the maintenance, installation, replacements or operations of a public trail upon
any Wal-Mart entity from this date forwazd in consideration for the Donation of the northem 25-feet of
said, Lot 1, Block 1, WAL-MART IN FRIDLEY, Anoka County, Minnesota.
6. Choice of Law: The validity, interpretation, performance and enforcement of the Donation shall be
govemed by the laws of the State of Minnesota (without giving effect to the laws, rules and principles
of the State of Arkansas regarding conflicts of law).
6. Maintenance Obligations: The City of Fridley shall be obligated to perform ordinary and necessary
maintenance, replacement, construction and repair of the public trail located on the northern 25-feet of
said, Lot 1, Block 1, WAL-MART IN FRIDLEY, Anoka County, Minnesota.
IN WITNESS AND WHEREOF, the City of The City Of Fridley, a municipal corporation, has executed
this Ageement in multiple originals ttus day of , 20 , in the presence
of ine Notary, and the undersigned witnesses at ,
WAL-MART REAL ESTATE BUSINES TRUST
BY� ° �`` % .�,.. N
Name: ( rvnf�i U. ���r� J
Titie: �� r�,�or�
Notary Public �' Approv to legal terms oniy
by
WA,L-IVIART EGAL DE�'T.
�ate: lD .___.___.__...__---_
07/31/06 'L2
815 act of donation
WALMART EASEMENT
FRIDLEY, MN
85TH AVENUE TRAIL
54504114F101.dwg DATE:11�23/2005
FIGURE 1
23
COMM:545-04-114
�Bonestroo
Rosene
° Anderlik &
� Associates
Engineers 8t Architects
CLEAR ZONE 2.0'
MIN. 6" TOPSOII (7YP)
COMPACTED GENERA� FILL (TYP) —
�
/
0
�
v
8' MINfMUM
10.00'
1.00'
2.0' CLEAR ZONE
� FENCE (WHERE SHOWN ON PLANS)
�� MIN. 6 TOPSOII (TYP)
2.5" TYPE LV4 WEARING COURSE MIXTURE (LVWE450308)
6� AGGREGATE BASE CLASS 5
TYPICAL SECTION 1
(BEG) 8+93.4 TO 11+22.9
14+65.4 TO 18+43.9
21+44.5 TO 31+32.7
33+31.7 TO 36+94.5
39+95.9 TO 40+78.3
42+72.1 TO 51+59.7 (END)
12.00'
TYPICAL SECTION 2 �HEIJCAL PILE)
11+22.9 TO 14+65.4
18+43.9 TO 21+44.�
31+32.7 TO 33+31.7
36+94.5 TO 39+95.9
40+78.3 TO 42+72.1
SCHED. 40 PIPE
/ SLEEVE BRACKETS
PIER PER
R
WALMART EASEMENT � Bonestroo
Rosene
° Anderlik &
FRIDLEY, MN � FIGURE 2 � Associates
85TH AVE N U E TRAI L Err9►neers �c A�hitecL�s
54504114G105.dwg DATE:11/23/2005 COMM��'S—�4-114
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
June 25, 2007
Award of Community Park Phase 2 Irrigation Installation
PW07-034
With the reconstruction of the Community Park Ballfield, the irrigation system needs to be
replaced. The old system is the original from approximately 1980. The Parks Capital
Improvement Program has $75,000 budgeted for this and other components of the ballfield
reconstruction such as the irrigation system materials, lighting repairs, fencing repairs, and
infield aggregate.
Requests for proposals were sent to three irrigation contractors. Two proposals were received
back. The low bid was from Mickman Brothers, Inc. of Ham Lake, MN. Mickman Brothers
was also the low bidder on the first phase installation so they area familiar with the system.
Recommend the City Council accept the proposal for the Community Park Phase 2 Irrigation
Project No. 374 from Mickman Brothers, Inc. of Ham Lake, MN in the amount of $25,990.00
JHH; j b
Attachment
_� �
���� :
_ ��� ���
uic.
� �il�SGc�� �rvr fVEC1�
La»cls•cczue .Ir��ign. tioxt
�JI'Ol t �h:]'S
,�TQ7"C'fC'7'1 �G�IZiC'7"
PROPOSAL �
DATE: 21-Jun-07
WE ARE PLEASED TO PRESENT THE FOLLOWING BID: FURNISHED AND
INSTALLED AS PER SPECIFICATIONS WITH ALL MINNESOTA STATE SALES
-rnX i�iri i inFn
.�..
PROJECT NAME:
PROJECT LOCATION
ESTIMATOR
SECTION BID
City of Fridley Community Park - Project -#374
Fridley, MN
Scott Whitman
Landscape Irrigation System
Installation of Lawn Sprinkl�r System as per plan engineered by Mickman Brothers, Inc.
Base Bid: �
Total Bid: $
NOTES:
25,990.00
25,990.00
1) Quote is for phase 2 irrigation system at Community Park.
2) All materials to be purchased by city from MTI.
3) 72 hour notice to be provided for sleeve installation.
4) Private utilities to be located by site contractors or the owner to Gopher One Call parameters.
5) Performance bond not includ d. Bondable at 1 1/2 percent contract price add.
��._..,
SIGNED: Accepted By:
cott Whitman, Client Development
Date:
cell - 763-286-8943
26
14630 Hwy. 65 a Ham Lake, MN 5�304 � e�vdv�v.a��ickst����.c�a�d �%63.434.1Q47 p 800.446.4224 ^ FA�,'. 763.434!�<11
0
�
�
CffY OF
FRIDLEI'
Name
Michael
Monsrud
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
Position
Lieutenant
Appointment
Starting
Salary
$38.01
per hour
Richard Sergeant $36.35
Cesare per hour
Starting
Date Replaces
July 2, David
2007 Prois
July 2, Michael
2007 Monsrud
� AGENDA ITEM
COUNCIL MEETING OF JUNE 25, 2007
CffY OF
FRIDLEI'
CLAIMS
132185 -132393
�
�
CffY QF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
LICENSES
Type of License
FOOD ESTABL/SHMENT
Manana Restaurant #2
7891 E River Rd
Fridley, MN 55432
(Now dba as
LosGirasoles)
MASSAGE THER.4PY
Lydia Savoren
5532 Dupont Av N
Brooklyn Center, MN
(Hott Heads
6530 E River Rd
Fridley, MN)
LAWFUL GAMBL/NG
Totino-Grace Parents Org
1350 Gardena Av
Fridley, MN 55432
�
Rosario DeLaCruz
Vicki Lee
Approved By:
Public Safety Director
Community Development
Fire Inspector
Public Safety Director
Public Safety Director
� AGENDA ITEM
CITY COUNCIL IVIEETING OF
� °F June 25, 2007
FRIDLEY
�
�
�
CffY OF
FRIDLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
RENTAL LICENSES
License Renewal List (2nd Quarter Properties)
ProplD
1096
1097
1048
1098
1104
1126
1138
1139
1140
1082
1156
1182
1579
1573
1068
1583
1565
1205
1206
1207
1208
1209
1210
1211
1212
1213
1215
1216
1526
1539
1537
1538
1515
1218
1219
1220
1221
1224
1225
1227
1228
1229
1230
1231
Property Address
4655 2 1/2 St. Ne
5770 2 1/2 St. NE
5783-85 2 1/2 St. NE
5791 2 1/2 St. NE
5901 2 1/2 St. NE
5940-42 2nd St. NE
5201 3rd St. NE
5230 3rd St. NE
5231 3rd St. NE
6030 3rd St. NE
6061-65 3rd St. N E
305 53rd Ave. NE
401 53rd Ave. NE
641 58th Ave. NE
700 58th Ave. NE
6124-6152 5th St. NE
6161 5th St. NE
6303-05 5th St. NE
6311-29 5th St. NE
6337-39 5th St. NE
6347-65 5th St. NE
6401-03 5th St. NE
6409-27 5th St. NE
6431-33 5th St. NE
6437-55 5th St. NE
6459-61 5th St. NE
6465-83 5th St. NE
6487-89 5th St. NE
114-116 62nd Way NE
50-60 63 1/2 Way NE
70-80 63 1/2 Way NE
90-100 63 1/2 Way NE
1128 63rd Ave. NE
1565-77 68th Ave. NE
1566-76 68th Ave. NE
1578-88 68th Ave. NE
1579-89 68th Ave. NE
1600-10 68th Ave. NE
1601-11 68th Ave. NE
1613-19 68th Ave. NE
1620-30 68th Ave. NE
1621-31 68th Ave. NE
1632-38 68th Ave. NE
1633-39 68th Ave. NE
Units
1
11
2
2
4
2
11
11
11
1
3
7
1
1
1
16
1
2
16
2
16
2
16
2
16
2
16
2
2
2
2
2
1
6
6
6
6
6
6
4
6
6
4
4
Owner
Maynard Nielsen
Allen Hoffer
Jason Walgrave
Jeff Hamer
Paul Robeck
Robert Hosman
Helena Bigos
Helena Bigos
Helena Bigos
Todd Henrikson
CF Investments Inc
Helena Bigos
Waheed Hussain
Darlene M Dowling
Thomas & Nelia Schaff
CommonBond
Bob Feldick
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Gary Knutson
Allen Hoffer
Allen Hoffer
Allen Hoffer
Dan Peterson
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Inspection
Dist Yr Qtr
18
9
9
9
9
9
18
18
18
9
9
18
15
13
13
10
10
10
10
10
10
10
10
10
10
10
10
10
8
8
8
8
10
7
7
7
7
7
7
7
7
7
7
7
1
2
2
2
2
2
1
1
1
2
2
1
1
1
3
1
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
4
4
4
4
4
4
4
4
4
4
4
f�►:
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
rI
:�`�.`����r�
License Renewal List (2nd Quarter Properties)
ProplD
1232
1233
1234
1235
1236
1237
1238
1239
1240
1241
1242
1247
1248
1255
1256
1267
1268
1272
1529
1273
1528
1282
1624
1294
1065
1067
1621
1495
1319
1323
1547
1324
1325
1326
1322
1328
1329
1049
1051
1052
1486
1513
1520
1339
Property Address
1640-50 68th Ave. NE
1641-51 68th Ave. NE
1652-58 68th Ave. NE
1653-59 68th Ave. NE
1660-70 68th Ave. NE
1661-71 68th Ave. NE
1672-82 68th Ave. NE
1673-83 68th Ave. NE
1560-70 69th Ave. NE
1590-96 69th Ave. NE
1600-06 69th Ave. NE
5361-63 6th St. NE
5371-73 6th St. NE
1230-36 72nd Ave. NE
1270-76 72nd Ave. NE
389 74th Ave. NE
415 74th Ave. NE
350 75th Ave. NE
19 77th Way NE
106 77th Way N E
21 77th Way NE
5400-06 7th St. NE
6380 7th St. NE
6400 Able St. NE
6412 Ashton Ave. NE
6434 Ashton Ave. NE
7129 Ashton Ave. NE
7786 Beech St. NE
6534 Central Ave. NE
6542-48 Central Ave.
6588-92 Central Ave.
6600-04 Central Ave.
7150-56 Central Ave.
7170-76 Central Ave.
7190 Central Ave. NE
6501 Channel Rd NE
6531 Channel Rd NE
101 Charles St. NE
179 Charles St. NE
180 Charles St. NE
6190-92 East River Rd
6210-20 East River Rd
6437 East River Rd.
7673 East River Rd.
Units
6
6
4
4
6
6
6
6
6
4
4
2
2
4
4
11
11
11
1
4
1
3
1
1
1
1
1
1
4
4
2
2
4
4
3
4
4
12
12
12
1
2
1
4
Owner
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Gary Wellner
Gary Wellner
Russell Beck
Benay Enterprises, Inc.
Scott & Virginia Manning
Wlliam A. Shaw
Doherty Properties, LLC
Allen Hoffer
David & Jeannette
Allen Hoffer
Jeffrey R. Troska
Chris S. Johnson
Mike Kolodjski
RLC Properties,lnc.
RLC Properties,lnc.
Mile High Properties, LLC
Humberto Martinez-Suarez
Roger & Faye Femrite
Roger & Faye Femrite
Samir Awaijane
James Travers
Brown & Schaefer, LLC
Keys Management LTD
Kevin A. Auge
Jack & Karen Kozer
Jack & Karen Kozer
Nathan Schwartz
Nathan Schwartz
Nathan Schwartz
Bob & Frankie Fetrow
Wayne G. Confair
RLC Properties, Inc.
David & Jeannette
Inspection
Dist Yr Qtr
7
7
7
7
7
7
7
7
7
7
7
15
15
7
7
3
3
3
2
2
2
15
13
10
8
8
1
2
7
7
7
7
7
7
7
7
7
8
8
8
8
8
8
2
4
4
4
4
4
4
4
4
4
4
4
1
1
4
4
2
2
2
1
1
1
1
2
3
3
3
4
1
4
4
4
4
4
4
4
4
4
3
3
3
3
3
3
1
��
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
r�I
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6/21/2007
License Renewal List (2nd Quarter Properties)
ProplD
1340
1341
1342
1343
1344
1345
1351
1625
1354
1356
1357
1358
1359
1361
1362
1364
1367
1058
1594
1376
1388
1381
1382
1390
1383
1617
1074
1549
1060
1059
1514
1394
1395
1422
1424
1425
1427
1426
1428
1492
1083
1439
1519
1408
Property Address
7805 East River Rd.
7825 East River Rd.
7845 East River Rd.
7875 East River Rd.
7895 East River Rd.
8191 East River Rd.
7345-47 Evert Ct. NE
590 Fairmont St NE
7857-61 Firwood Way NE
7879-81 Firwood Way NE
7883-85 Firwood Way NE
7889-91 Firwood Way NE
7893-97 Firwood Way NE
5100-08 Horizon Dr. NE
5101-09 Horizon Dr. NE
6370-80 Hwy 65 NE
6417 Hwy 65 NE
6330 Jefferson St. NE
219 Logan Pkwy NE
7400 Lyric Ln. NE
4020-22 Main St. NE
5835-37 Main St. NE
5961 Main St. NE
5981-83 Main St. NE
6011 Main St. NE
1378 Meadowmoor Dr.
100-110 Mississippi PI.
117 Mississippi PI. NE
120 Mississippi PI. NE
140 Mississippi PI. NE
157 Mississippi PI. NE
160 Mississippi PI. NE
460 Mississippi St. NE
610 Osborne Rd. NE
630-50 Osborne Rd. NE
670-90 Osborne Rd. NE
91 Osborne Rd. NE
41 Osborne Way
174-76 Pearson Way
155 Rickard Rd NE
6291 Riverview Terr. NE
6471-77 Riverview Terr.
6472 Riverview Terr. NE
1556 S Oberlin Circle
Units
60
60
60
60
60
5
2
1
2
2
2
2
1
5
5
16
8
1
1
8
1
2
1
2
4
1
2
4
4
4
4
4
103
9
34
34
1
1
2
1
1
3
1
1
Owner
River Pointe LTD
River Pointe LTD
River Pointe LTD
River Pointe LTD
River Pointe LTD
Ultimate Properties, LLC
Tim Olsen
Lon & Julie Lane
John Schudi
Ted Raines
Thomas & Nelia Schaff
John R. Zielinski
Clarence J. Fischer
Helena Bigos
Helena Bigos
Samir Abumayyaleh
Nicholas Elmquist
Neal Dasrath
Kerry Anderson
Wlliam A. Shaw
Evelyn Cornelius
Paul Slesar
Rhett Trotter
Allen Hoffer
David Davis
Abdalla Omar
Bruce Westman
Mutombo J.
Mutumbo & Muswamba
Enes Gluhic
Floyd Nelson
Chris Zelevarov
Fridley Apartments
Leviton-Highland LLC
Highland Park
Leviton Highland, LLC
Ken Suddard-Bangsund
Donald E. Klostreich
Juan & Lori Castro
Coldwell Banker Burnet
Ray Ellis
Chris Zelevarov
Harry Narine
Bradley & Barbara
Inspection
Dist Yr Qtr
2
2
2
2
2
1
4
1
2
2
2
2
2
18
18
10
11
10
5
3
18
9
9
9
9
4
8
8
8
8
8
8
10
3
3
3
2
2
2
2
8
8
8
14
1
1
1
1
1
2
2
4
1
1
1
1
1
1
1
3
4
3
2
2
1
2
2
2
2
1
3
3
3
3
3
3
3
2
2
2
1
1
1
1
3
3
3
3
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6/21/2007
License Renewal List (2nd Quarter Properties)
ProplD
1558
1455
1443
1457
1458
1462
1459
1463
1419
Property Address
1548 S. Timber Ridge
6100-02 Star Ln. NE
6150-56 Star Ln. NE
6412 Starlite Circle NE
6420 Starlite Circle NE
6422 Starlite Circle NE
6430 Starlite Circle NE
6432 Starlite Circle NE
6210 Trinity Dr. NE
Units
1
2
1
1
1
1
1
1
1
Owner
Thomas Stuart
Tim & Liz Dold
Mike Severin
Gary Wellner
Steven & Barb Zawadski
Steve & Barb Zawadski
Steve & Barb Zawadski
Steve & Barb Zawadski
CART Real Estate
Total # of Licenses for approval is 141
Break down is: 138 2�d Qtr, None 3�d Qtr, and three 4th Qtr licenses form 2006
Inspection
Dist Yr Qtr
7 4 2
9 2 2
9 2 2
9 2 2
9 2 2
9 2 2
9 2 2
9 2 2
9 2 2
6/21/2007
�
�
CffY OF
FRIdLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
June 19, 2007
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Public Hearing to Consider Revocation of Special Use Permit #06-04 for BDA
Development, generally located at 7600 Hwy 65 NE
M-07-22
INTRODUCTION
Brent Anderson of BDA Development, received Special Use Permit approval from the City Council
on September 25, 2006, to allow limited outdoor storage at his property, which is located at 7600
Hwy 65 NE. As you are aware, several stipulations were attached to the approval of this special
use permit. Since the September 25, 2006, approval several of the stipulations have either not
been met or are past the deadline for completion.
RECOMMENDATION
On June 19, 2007, City staff heard from the petitioner that he would be unable to attend the June
23, 2007, City Council meeting, as he has a commitment that will have him out of town. As a
result, staff is recommending that the City Council open the public hearing and continue it to the
July 23, 2007, City Council meeting.
�
�
CffY OF
FRIDLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
Date: June 14, 2007
To
From:
Subj ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Public Hearing to Consider Revocation of Special Use Permit #06-11 for Central Auto Parts,
�enerallv located at 1201-73 '/2 Avenue NE
Introduction
The purpose of this hearing is to consider revocation of SP# 06-11, to operate an auto salvage (Junk Yard)
operation.
Background
A new Special Use Permit was issued for this site on October 9, 2006. To step back a bit further, on July 10,
2006, after two requests from the business owner's legal counsel for delay, the Fridley City Council held a public
hearing regarding Central Auto Parts' special use permit. The hearing was originally scheduled for June 12, 2006.
During the public hearing, the business owner conveyed that they could not see how they could develop a site
plan to handle their drainage issues until surrounding properties developed a means to handle their own storm
water runoff, which was impacting the Central Auto Parts site. The City Council chose to give the business owner
another month to produce a site plan and continued the public hearing until the August 14 City Council meeting.
After the public hearing, staff sent notice to and met with the owner of Gustavson Grinding (7410 Central Ave.),
the business northeast of Central Auto Parts. They agreed to reconstruct a weir to match what was required by the
Rice Creek Watershed District in 1979 for management of their storm water runoff on site upon expansion of
their building. They completed their corrections a short time after our meeting in 2006. The Gustavson site now
has the drainage mechanisms required by the RCWD in 1979.
As for Central Auto Parts, Jerry Haluptzuk has stated that he purchased the land from its previous owner, John
Buzick. The sale/purchase has taken place since the last round of hearings. Staff is verifying the sale. You may
recall; John Buzick was the properiy owner who leased the property at 1201-73 '/2 Avenue to Jerry Haluptzok,
also expressed at the 2006 public hearing that he never agreed to the stipulations on SP#03-14, and therefore
should not be held to those stipulations. Neither he nor Haluptzok complied with the majority of those
stipulations. [SP#03-14 replaced 2 other SUPs from the 1970's that were not complied with either]. Staff has
reviewed the video tapes from the 2003 public hearing. Nowhere in that hearing or resolution adoption does Mr.
Buzick appear to object to the stipulations. It is shown in the records that he was sent notice of the hearing.
Furthermore, staff reported during the adoption of the resolution that the business and properry owner had agreed
to the stipulations. Mr. Buzick had participated in meetings with staff and the business owner that led to the
agreed upon stipulations.
As during the 2003 SUP revocation hearing process, the business owner changed his and Buzick's years of non-
compliance into an effort to clean up the appearance of the site. He chose to comply with only those stipulations
which imposed little expense to the business. Admittedly, he has done more during this #06-11 SUP review
process by virtue of having plans drawn and approved by the RCWD. However, the larger, higher impact tasks of
paving, ponding, fencing, and landscaping still need to be addressed and no progress has been observed to that
end. As you know, the City has just recently approved a 4-year plan for Sam's Auto Parts. Not only does the City
risk, at least an argument of, waiving the rights to enforce the stipulations of the SUP, if no action is taken, a
message may also be sent to other similar businesses that correction deadlines are not important. The following
table contains an update on the status of each stipulation since staff's visit to the site on June 13, 2007:
Sti ulation Com lete?
1. Prepare survey and finished site plan, including hard-surface parking/storage area with curb Yes
and utter, landsca e lans, radin and draina e lans (due March 2004)
2. Obtain City and Watershed approvals of design; install landscaping, irrigation, and fence No, except
repairs RCWD
Approval
3. Complete first phase of grading, storm sewer piping, and storm water detention pond (due No
June 1, 2007)
4. Complete first phase of installation of curb/gutters and paving (due June 1, 2007) No
5. Com lete second hase of curb/ utters and avin (due October 2007) No
6. Buildin shall be metal with brick veneer (done at time of buildin construction) Yes
7. No cars piled higher than the fence Yes
8. No ino erable cars shall be arked or stored outside the fence Yes
9. Driveways or limited access shall be authorized on 73 '/2 Avenue. The three access points th Yes
currently exist are permitted. No additional access to 73rd shall be permitted.
10. Solid screening fence shall be placed completely around properiy and fence shall be improv No
b bein ainted or constructed of an acce table color-fast material and shall be uniform in size
11. Additional landscaping shall be placed along the screening fence on 73 '/2 Avenue. An over Has said to ha
site/landscape plan shall be submitted by the property owner and approved by staff in accordan repaired
with the requirements in # 1 above. irrigation &
replaced some
dead trees, but
no new
landscape plan
12. Concrete driveways shall e�tend a minimum of 10' beyond the screening fence into prope No
from the street
Please note that the grading, drainage, curb, gutter and ponding that was to be completed by June 1, 2007, has not
been completed (nor started). As a result, staff recommends that we revoke the special use permit and require that
the property be vacated within one year of Council action; in a schedule to be approved by Council and my appear
as follows:
1. Remove all business signage
2. Removal of all full and partial automobiles as well as parts outside of the building
3. Removal of all automotive fluids from the premises
4. Removal and sweeping of soil from the paved surfaces at each entrance to the site
5. Removal of all fence sections and posts
6. Removal of any equipment or racking
7. Removal of all material and litter in the public right of way on 73 '/2 Avenue around the site
8. All disturbed soil must be graded and landscaped (lay sod or seed) to assure soil is stabilized to resist
wind and water erosion.
Recommendation
According to the language in Section 205.OS.S.G of the Zoning Code, staff finds that Central Auto Parts failure to
meet the stipulations of their special use permit requires the City to revoke the permit following a public hearing.
Unless substantial progress can be demonstrated by the business owner at the June 25 City Council meeting,
staff finds that the 30+ plus years of chronic code violations at this property compel the City Council to take
revocation action. A resolution has been prepared to enable this action.
M-07-21
�
�
CffY OF
FRIDLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
Date: June 14, 2007
To
From:
Subj ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Resolution Revoking Special Use Permit #06-11 for Central Auto Parts, generally located at
1201-73 '/2 Avenue NE
Background
On July 10, 2006, the Fridley City Council began a public hearing regarding Central Auto Parts' special use
permit. Council revoked the former SUP and adopted a new Special Use Permit, SP #06-11 on October 9, 2006.
Today, the property is not in compliance with the benchmarks prescribed in the Special Use Permit. By June 1,
2007, the property was to be graded and was to meet the standards as prescribed by the grading and drainage
improvement plan for the first half of the site. Staff recommends revocation of SP #06-11. Should Council choose
to follow staff's recommendation to revoke SP #06-11, a resolution detailing findings of fact for this action is
attached for your review.
Recommendation
According to the language in Section 205.OS.S.G of the Zoning Code, staff finds that Central Auto Parts failure to
meet the stipulations of their special use permit requires the City to revoke the permit following a public hearing.
Therefore, if substantial progress cannot be demonstrated by the business owner at the June 25, 2007, Council
meeting, staff recommends that the City Council adopt the attached resolution, revoking SP #06-11, which allows
operation of a junkyard (auto recycling) business in an M-1 zoning district.
M-07-20
RESOLUTION NO. -2007
A RESOLUTION REVOKING SPECIAL USE PERMIT #06-11 FOR CENTRAL AUTO
PARTS TO OPERATE A JUNKYARD IN AN M-1 ZONING DISTRICT, GENERALLY
LOCATED AT 1201 73'/2 AVENUE NE
WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create
zoning ordinances that regulate the use of land in order to protect the public's health,
safety, morals, and general welfare; and
WHEREAS, City Zoning Code Section 205.05.5.G requires the City Council to revoke a
special use permit, following a public hearing, when there is failure to comply with any
and all conditions and stipulation of the issued permit; and
WHEREAS, the Fridley City Council held a public hearing regarding the special use
permit SP #06-11, allowing a junkyard in an M-1 zoning district at Central Auto Parts,
generally located at 1201 73'/ Avenue NE on July 10, 2006; and
WHEREAS, an October 9, 2006 approval of SP #06-11 included several stipulations,
which were required to be met in order to continue to operate the Central Auto Parts
business located at 1201 73'/ Avenue; and
WHEREAS, City staff conducted an inspection of the site on June 1, 2007 and June 13,
2007 to determine compliance with the stipulations of SP #06-11; and
WHEREAS, City staff found that the June 1, 2007 deadline for the completion of the
grading and drainage plan has not been met; and
WHEREAS, The City of Fridley has offered a 5— year timeframe for completing all work
on this site, and the 5— year program is predicated on reaching certain benchmarks by
certain dates; and
WHEREAS, the benchmarks were prescribed to stretch out the tasks and required
accomplisments of the owner and allow a reasonable time for his completion; and
WHEREAS, by all measures staff believes the remaining portions of the 5-year plan will
not be completed, based on lack of performance to this point; and
WHEREAS, Inactivity on the City's part, in light of this violation could arguably
constitute a waiver of the SUP stipulations;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after
listening to all the facts presented at the public hearing, makes the following FINDINGS
OF FACT:
1. That the City of Fridley and its staff have acted within the Fridley Zoning Code;
and
2. That the City of Fridley staff accurately represented the condition of the property
when they inspected it, finding several items of noncompliance of the stipulations
of the special use permit; and
3. That the City of Fridley staff communicated the points of noncompliance verbally
to the business owner in writing prior to the public hearing; and
4. The business owner and property owner were notified by mail of the June 25,
2007 public hearing; and
5. That a public hearing was held on June 25, 2007, allowing the City Council to
take testimony on this property; and
6. That as of June 14, 2007, the property continues to be in violation of the special
use permit action taken by the City Council on October 9, 2006.
BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the
evidence before it, expressly finds that the foregoing recitation is true and correct and
incorporates it as part of its Findings of Fact.
BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the
City of Fridley hereby revokes the special use permit SP #06-11 to operate a junkyard in
an M-1 district at Central Auto Parts, generally located at 1201 73'/ Avenue NE.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2007.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
�
�
CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
Date: June 19, 2007
To: Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Special Use Permit Request, SP #07-03, Glen Harstad
M-07-23
INTRODUCTION
Mr. Harstad is seeking a special use permit to allow an expansion of the existing carwash
building located in a C-2, General Business zoning district, which is located at 7320 University
Avenue.
The property was originally granted a special use permit in 1970 to allow for a carwash. The
petitioner is proposing to construct a 26 ft. by 74 ft. (1,924 sq. ft.) addition to the west of the
existing 2,100 square foot carwash. The addition will allow 4 additional self-service wash bays.
The petitioner also plans to enlarge the overhead doors on the existing building to allow for
larger vehicles to utilize the carwash and he plans to remodel and update the exterior of the
building.
PLANNING COMMISSION RECOMMENDATION
At the June 6, 2007, Planning Commission meeting, a public hearing was held for SP #07-03.
After a brief discussion, the Planning Commission recommended approval of SP #07-03, with
the stipulations as presented and an added stipulation that made this special use permit
approval continent upon approval of the petitioner's variance request.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The parking lot shall be restored to Code requirements for paving, curbing and painting
after the addition is completed.
3. The petitioner shall submit a drainage plan and receive City engineering staff approval
prior to issuance of a building permit.
4. The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line, instead of the required 3 ft. set
back.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
6. Special Use Permit approval is dependent of approval of the setback variances related
to VAR #07-02.
City of Fridley Land Use Application
SP #07-03 June 6, 2007
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Glen Harstad
14152 Terrace Road
Ham Lake MN 55304
Requested Action:
Special Use Permit to allow a carwash
expansion in a C-2, General Business.
Existing Zoning:
C-2 (General Business)
Location:
7320 University Avenue
Size:
21,311 sq. ft. .49 acres
Existing Land Use:
Carwash Company
Surrounding Land Use & Zoning:
N: Office Building & C-3
E: University Avenue & ROW
S: Anderson Carpet & C-2
W: Office Building & C-3
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.14.01.C.(6) requires a special
use permit for motor vehicle wash
establishments in the C-2 zoning district.
Zoning History:
1965 — Lot platted.
1970 — Carwash constructed and SUP
granted to allow the use.
1977 — Lot split and variance for side
yard setback approved.
Legal Description of Property:
Lot 1, Block 3, Commerce Park.
Public Utilities:
Building is connected.
Transportation:
University Avenue Service Road
provides access to the property.
Physical Characteristics:
Lot consists of the carwash building,
hard surface drive areas and some
green space.
SUMMARY OF PROJECT
Mr. Harstad is seeking a special use permit to
allow an expansion of the existing carwash
building located in a C-2, General Business
zoning district, which is located at 7320
University Avenue.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special
use permit.
City Staff recommends approval of this special
use permit request as motor vehicle wash
establishments are a permitted special use in
the C-2, General Business zoning district,
provided that the proposed expansion complies
with the requirements for the special use
permit, subject to stipulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — June 25, 2007
60 Day — July 2, 2007
Existinq Buildinq
Staff Report Prepared by: Stacy Stromberg
SP #07-03
REQUEST
Mr. Harstad is seeking a special use permit to allow an expansion of the existing carwash
building located in a C-2, General Business zoning district, which is located at 7320 University
Avenue.
The property was granted a special use permit in 1970 to allow for a carwash. The petitioner is
proposing to construct a 26 ft. by 74 ft. (1,924 sq. ft.) addition to the west of the existing 2,100
square foot carwash. The addition will allow 4 additional self-service wash bays.
HISTORY AND ANALYSIS
The subject property is located on University Avenue, just north of 73�d Avenue and is zoned C-
2, General Business. The property was originally platted in 1965 as one lot that also
encompassed the lot south (7300 University Avenue) of the subject property. In 1970 the
property was developed and a special use permit was granted to allow the construction of the
existing self-service carwash and for an additional carwash and gas sales on the 7300
University Avenue property to the south. In 1977, a lot split was granted to separate the 7300
and 7320 University Avenue. At that time, a variance was also granted to recognize a 5 ft. side
yard setback for the existing carwash building. Since that time the property has continued to
exist as a self-service carwash.
As stated above, the petitioner is seeking a special use permit to allow the expansion of the
existing carwash.
Aerial of Property — Subject property outlined
Motor vehicle wash establishments are a permitted special use in the C-2 zoning district,
provided they meet the necessary requirements, related to building and site requirements,
subject to the stipulations suggested by staff. All of these requirements are being met with the
proposed addition, with the exception of the expansion of the existing 5 ft. side yard setback
along the southern side of the property and the hard surface setback requirement along the
western property line.
City Code requires a side yard setback of 15 ft. in the C-2, General Business zoning district.
When the subject property was split from 7300 University Avenue in 1977, a variance was also
granted to recognize the location of the existing carwash. Since, the petitioner is proposing to
add an additional 26 ft. of building at the 5 ft. setback, a variance is required.
City Code also requires a 20 ft. setback for all parking and hard surface areas from any public
right-of-way. The petitioner has also applied for a variance to reduce the hard surface setback
requirement from 20 ft. to 10 ft. so the new carwash bays will be more accessible. Both of these
variances will go before the Appeals Commission on June 13, 2007.
Existing Building Entrance
The proposed addition meets all other setback and lot coverage requirements. City staff hasn't
heard from any neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of this special use permit request as motor vehicle wash
establishments are a permitted special use in the C-2, General Business zoning district,
provided that the proposed expansion complies with the requirements for the special use permit,
subject to stipulations.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The parking lot shall be restored to Code requirements for paving, curbing and painting
after the addition is completed.
3. The petitioner shall submit a drainage plan and receive City engineering staff approval
prior to issuance of a building permit.
4. The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line, instead of the required 3 ft.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
!1� Y Y A
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CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
Date: June 19, 2007
To: Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Variance Request, VAR #07-02, Glen Harstad
M-07-24
INTRODUCTION
Mr. Harstad is seeking a variance to reduce an existing building side yard setback along the
southern property line from 15 ft. to 5 ft. He is also requesting a variance to reduce the hard
surface setback requirement on the west side of the property from 20 ft. to 10 ft. to expand a
drive aisle around the proposed addition to the building. Both of these variances are being
requested to allow the construction of an addition to the existing self service carwash building.
The petitioner is proposing to construct a 26 ft. by 74 ft. (1,924 sq. ft.) addition to the west of the
existing 2,100 square foot carwash. The addition will allow 4 additional self-service wash bays.
The petitioner also plans to enlarge the overhead doors on the existing building to allow for
larger vehicles to utilize the carwash and he plans to remodel and update the exterior of the
building.
The petitioner has also applied for a variance from Mn Rules Chapter 1306, which the City has
adopted, that requires buildings over 2,000 square feet to be sprinkled. Mr. Harstad's proposal
for an addition to his existing building meets code requirements contained in Chapter 1306
requiring installation of a fire sprinkler system and does not meet any of the provisions for
exemption or waiver as expressed in Chapter 1306.0060.
APPEALS COMMISSION RECOMMENDATIONS
At the June 13, 2007, Appeals Commission meeting, a public hearing was held for VAR #07-02.
There was a very lengthy discussion between the Commission, the petitioner, the Fire Marshal
and Building Official regarding the sprinkler code variance. As a result of that discussion, the
Commission granted a variance to allow the carwash bays to not have sprinklers, but required
the equipment room to be sprinkled.
The Appeals Commission recommended approval of the two setback variances, with the
stipulations presented by staff.
BOTH MOTIONS CARRIED UNANIMOUSLY.
UPDATE SINCE THE APPEALS COMMISSION MEETING
Since the June 13, 2007, Appeals Commission meeting, the petitioner has withdrawn his
variance request from the sprinkler code requirements as he has re-designed his building so as
to not need the variance. The re-design will separate the building with 2-hour fire walls into (3)
separate bays (creating (3) separate buildings), (2) @ 1,680sq.ft, and (1) @ 485sq.ft. This will
be below the minimum square footage for requiring a fire protection system. — See the attached
letter from the petitioner's representative.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Appeals Commission on the setback variance
requests.
STIPULATIONS
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The parking lot shall be restored to Code requirements for paving, curbing and painting
after the addition is completed.
3. The petitioner shall submit a drainage plan and receive City engineering staff approval
prior to issuance of a building permit.
4. The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line, instead of the required 3 ft. setback.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
City of Fridley Land Use Application
VAR #07-02 June 13, 2007
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Glen Harstad
14152 Terrace Road
Ham Lake MN 55304
Requested Action:
Variance to reduce the side yard setback.
Variance to reduce the hard surface and
parking setback from any street right-of-way.
Existing Zoning:
C-2 (General Business)
Location:
7320 University Avenue
Size:
21,311 sq. ft. .49 acres
Existing Land Use:
The Carwash Company
Surrounding Land Use & Zoning:
N: Office Building & C-3
E: University Avenue & ROW
S: Anderson Carpet & C-2
W: Office Building & C-3
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Section 205.14.3.C.(2) requires a side yard
setback of fifteen (15) feet.
Section 205.14.5.D.(5).((a)) requires a
setback of twenty (20) feet from any street
right-of-way for parking and hard surface
area.
Zoning History:
1965 — Lot platted.
1970 — Carwash constructed and SUP
granted to allow the use.
1977 — Lot split and variance for side yard
setback approved.
Legal Description of Property:
Lot 1. Block 3. Commerce Park.
Public Utilities:
Building is connected.
Transportation:
University Avenue Service Road provides
access to the property.
Physical Characteristics:
Lot consists of the carwash building, hard
surface drive areas and some green space.
SUMMARY OF PROJECT
Mr. Harstad is seeking a variance to expand the
existing building side yard setback on the south side
of the property from 15 ft. to 5 ft. He is also
requesting a variance to reduce the hard surface
setback on the west side of the property from 20 ft.
to 10 ft. to expand a drive aisle. Both of these
variances are being requested to allow the
construction of an addition to the existing self
service carwash building.
SUMMARY OF HARDSHIP
"�th the rise of automatic car washes and the fast
pace of today's society, 1 have found that in order to
keep this car wash open, better service my
customers and to keep up with the times, 1 must
expand and modernize. In order to do this,
variances are needed:
1. 5 ft. side yard setback on the south side of
the building. This is a pre-existing condition created
when the lot was split "
2. Hard surface setback reduction to 10 ft An
additiona126 ft. is needed for the expansion of the
building in order to operate efficiently. We feel a
bypass lane should be kept around the building for
emergency vehicles and for vehicles to safely
maneuver into and around the building and parking
lot. "
- Glen Harstad
SUMMARY OF ANALYSIS
City Staff recommends approval of the variance to
reduce the side yard setback as the request is
expanding an existing setback that received
variance approval in the past and was a result of an
approved lot split.
City staff has no recommendation of the variance to
reduce the parking and hard surface setback
requirement as it is within previously granted
dimensions.
Similar variances granted:
• VAR #05-14 6875 University Avenue
(Church in a residential zoning district)
Parking and hard surface setback reduced
from 20 ft. to 5 ft.
• VAR #04-12 5277 Central Avenue
(Applebee's — commercial zoning district)
Parking and hard surface setback reduced
from 20 ft. to 8.5 ft.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — June 25, 2007
60 Day — July 9, 2007
Staff Report Prepared by: Stacy Stromberg
VAR #07-02
REQUEST
Mr. Harstad is seeking a variance to reduce an existing building side yard setback along the
southern property line from 15 ft. to 5 ft. He is also requesting a variance to reduce the hard
surface setback requirement on the west side of the property from 20 ft. to 10 ft. to expand a
drive aisle around the proposed addition to the building. Both of these variances are being
requested to allow the construction of an addition to the existing self service carwash building.
The petitioner is proposing to construct a 26 ft. by 74 ft. (1,924 sq. ft.) addition to the west of the
existing 2,100 square foot carwash. The addition will allow 4 additional self-service wash bays.
The petitioner also plans to enlarge the overhead doors on the existing building to allow for
larger vehicles to utilize the carwash and he plans to remodel and update the exterior of the
building. The petitioner is also seeking a special use permit to allow the expansion of the
existing carwash. That request will go before the Planning Commission at their June 6, 2007
meeting.
SUMMARY OF HARDSHIP
"With the rise of automatic car washes and the fast pace of today's society, 1 have found that in
order to keep this car wash open, better service my customers and to keep up with the times, 1
must expand and modernize. In order to do this, variances are needed:
1. 5 ft. side yard setback on the south side of the building. This is a pre-existing condition
created when the lot was split."
2. Hard surface setback reduction to 10 ft. An additional 26 ft. is needed for the expansion
of the building in order to operate efficiently. We feel a bypass lane should be kept around the
building for emergency vehicles and for vehicles to safely maneuver into and around the
building and parking lot." - also see attached written hardship statement
- Glen Harstad
HISTORY
The subject property is located
on University Avenue, just north
of 73�d Avenue and is zoned C-
2, General Business. The
property was originally platted in
1965 as one lot that also
encompassed the lot south
(7300 University Avenue) of the
subject property. In 1970 the
property was developed and a
special use permit was granted
to allow the construction of the
existing self-service carwash
and for an additional carwash
and gas sales on the 7300
University Avenue property to
the south. In 1977, a lot split
was granted to separate the
7300 and 7320 University
Avenue. At that time a variance was also granted to recognize a 5 ft. side yard setback for the
existing carwash building. Since that time the property has continued to exist as a self-service
carwash.
Aerial of Property — Subject property outlined
CODE REQUIREMENTS
City Code requires a side yard setback of 15 ft. in the C-2, General Business zoning district.
When the subject property was split from 7300 University Avenue in 1977, a variance was
granted to recognize the location of the existing carwash, which is 5 feet from the southern
property line. Since, the petitioner is proposing to add an additional 26 ft. of building at the 5 ft.
setback, a variance is required.
City Code also requires a 20 ft. setback for all parking and hard surface areas from any public
right-of-way. As stated above, the petitioner has also applied for a variance to reduce the hard
surface setback requirement from 20 ft. to 10 ft. The petitioner is seeking this variance to make
the new carwash bays more accessible and to provide a drive aisle around the carwash building
for emergency vehicle access and for the safety of other vehicles who will be maneuvering
around the site.
The petitioner has also applied for a variance from Mn Rules Chapter 1306, which the City has
adopted, that requires buildings over 2,000 square feet to be sprinkled. The City's Fire
Marshall, Ralph Messer has responded to that request in an attached memo.
The proposed addition meets all other setback and lot coverage requirements. City staff hasn't
heard from any neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of the variance to reduce the side yard setback as the request
is expanding an existing setback that received variance approval in the past and was a result on
an approved lot split.
City staff has no recommendation of the variance to reduce the parking and hard surface
setback requirement as it is within previously granted dimensions.
Similar variances granted:
• VAR #05-14 6875 University Avenue (Church in a residential zoning district)
Parking and hard surface setback reduced from 20 ft. to 5 ft.
• VAR #04-12 5277 Central Avenue (Applebee's — commercial zoning district)
Parking and hard surface setback reduced from 20 ft. to 8.5 ft.
STIPULATIONS
Staff recommends that if the variance is granted, the following stipulations be attached.
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The parking lot shall be restored to Code requirements for paving, curbing and painting
after the addition is completed.
3. The petitioner shall submit a drainage plan and receive City engineering staff approval
prior to issuance of a building permit.
4. The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line, instead of the required 3 ft. setback.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
TONE
CONSTR UCTION, INC.
2181-107thLNNE •BLAINE, MN 55449 •763-784-1950 •763-784-9707fax • www.stoneconstructioninc.com
June 20, 2007
City of Fridley
6431 University Ave NE
Fridley, MN 55432
763 -572-3 594
Attn: Stacy Stromberg
stromber�s(a�ci.fridlev.mn.us
Re: Variance Request for car wash located at 7320 University Ave in Fridley, MN.
After further review of building plans and discussions with the architect and building
official, we have concluded that a variance is not required.
By separating the building with 2-hour fire walls into (3) separate bays (creating (3)
separate buildings), (2) @ 1,680sq.ft, and (1) @ 485sq.ft. This would be below your
minimum square footage for requiring a fire protection system. Therefore, a variance is
not required and we would like to withdraw our request.
Please call with questions or concerns. Thank you for your time and cooperation.
Sincerely,
Paul Stone
Estimator/Proj ect Manager
pauls(c� stoneconstructioninc. com
612-221-1882 Cell
General Contractor • Commercial Construction
"Building Relationships and Opening Doors Since 1964"
Family Owned and Operated
J:APlanning\Council Items By Meeting\2007 Council Items\June 25, 200'TStone Constr-variance withdraw.doc page 1 Of 1
To: Stacy Stromber�
From: Ralph Messer
Subject: 7320 University Avenue, N.E.
Date: June 4, 2007
As you know, the City of Fridley has adopted Minnesota Rules Chapter 1306 as the City's fire sprinkler ordinance.
Original adoption occurred in September, 2001 and again in 2003 with the State's adoption of the International
Building Code.
For the record, Mr. Harstad's existing building on this site does not have a fire sprinkler suppression system.
Minnesota Rules Chapter 1306 contains parameters to assist the Building Official and myself in determining
whether or not a fire sprinkler system is required for new occupancies and additions constructed or significantly
remodeled in the City. In the case of an addition to an existing building, the owner will be required by code
provision to equip the entire building with a fire sprinkler system during proposed construction. Mr. Harstad's
proposal for an addition to his existing building meets applicable code requirements contained in Chapter 1306
requiring installation of a fire sprinkler system. Mr. Harstad's project does not meet any of the provisions for
exemption or waiver as expressed in Chapter 1306.0060. Therefore, staff recommends denial of that portion of his
vanance request.
Thank you.
cc Ron Julkowski, Chief Building Official
CITY OF FRIDLEY
APPEALS COMMISSION MEETING
JUNE 13, 2007
CALL TO ORDER:
Chairperson Vos called the Appeals Commission meeting to order at 7:30 p.m.
ROLL CALL:
Members Present: Ken Vos
Blaine Jones
Brad Sielaff
Matthew brown
Others Present: Stacy Stromberg, City Planner
Glen Harstad, The Carwash Company
Ralph Messer, Fridley Fire Marshall
Ron Julkowski, Chief Building Official
NOMINATIONS:
MOTION by Commissioner Jones to nominate Brad Sielaff as Chairperson. Seconded by
Commissioner Vos.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE
MOTION CARRIED.
MOTION by Commissioner Sielaff to nominate Blaine Jones as Vice-Chairperson. Seconded
by Commissioner Vos.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE
MOTION CARRIED.
APPROVAL OF MINUTES:
September 27, 2006
MOTION by Commissioner Sielaff, seconded by Commissioner Jones, to approve the minutes
as presented.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE
MOTION CARRIED.
1. PUBLIC HEARING: VARIANCE REQUEST, VAR #07-02, BY GLEN
HARSTAD, Consideration of a variance to reduce the side yard setback from 15
feet to 5 feet along the southern property line and to reduce the setback for all
parking and hard surface areas from 20 feet to 10 feet to allow a building addition,
generally located at 7320 University Avenue.
MOTION by Commissioner Jones to open the public hearing. Seconded by Commissioner
Sielaff.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE
MOTION CARRIED AND THE HEARING OPENED AT 7:33 P.M.
Stacy Stromberg, City Planner, stated Mr. Harstad is seeking a variance to reduce the existing
building side yard setback along the southern property line from 15 feet to 5 feet. He is also
requesting a variance to reduce the hard surface setback requirement on the west side of the
property from 20 feet to 10 feet to expand a drive aisle around the proposed addition to the
building. Both of these variances are being requested to allow the construction of an addition to
the existing self service carwash building located at 7320 University Avenue.
Ms. Stromberg stated the petitioner is proposing to construct a 26 x 74 foot addition to the west
side of the existing 2,100 square foot carwash. The addition will allow four additional self-
service wash bays. The petitioner also plans to enlarge the overhead doors on the existing
building to allow for larger vehicles to utilize the carwash, and he plans to remodel and update
the exterior of the building. The petitioner is also seeking a special use permit to allow the
expansion of the existing carwash. That request was approved at the Planning Commission
meeting on June 6, 2007.
Ms. Stromberg stated the Summary of Hardship submitted by the petitioner reads, "With the
rise of automatic car washes and the fast pace of today's society, I have found that in order to
keep this car wash open, better service my customers, and to keep up with the times, I must
expand and modernize. In order to do this, variances are needed:
1. A 5-foot side yard setback variance on the south side of the building. This is a
preexisting condition created when the lot was split.
2. Hard surface setback reduction to 10 feet. An additiona126 feet is needed for the
expansion of the building in order to operate efficiently. We feel a bypass lane
should be kept around the building for emergency vehicles and for vehicles to
safely maneuver into and around the building and parking lot."
Ms. Stromberg stated the subject property is located on University Avenue, just north of 73ra
Avenue, and is zoned C-2, General Business. The property was originally platted in 1965 as one
lot that also encompassed the lot to the south (7300 University Avenue), Anderson Carpet. In
1970 the property was developed; and a special use permit was granted to allow the construction
of the existing self-service carwash and for an additional carwash and gas sales at the property to
the south, 7300 University Avenue. In 1977 a lot split was granted to separate the two lots from
each other. At that time a variance was also granted with the lot split to recognize the 5-foot side
yard setback for the existing carwash building. Since that time the property has continued to
exist as it is today.
Ms. Stromberg stated City Code requires a side yard setback of 15 feet in the C-2, General
Business, zoning district. When the subject property was split from 7300 University Avenue in
1977, a variance was granted to recognize the 5-foot setback variance. The petitioner is seeking
the variance tonight to expand that existing 5-foot setback with the additional 26-foot building
addition.
Ms. Stromberg stated City Code also requires a 20-foot setback for all parking and hard surface
areas from any public right-of-way. Therefore, the petitioner is asking for a variance to reduce
that setback from 20 feet to 10 feet to make the new carwash bays more accessible and to
provide a drive aisle around the carwash building for emergency vehicle access and for the safety
of other vehicles to maneuver around the site.
Ms. Stromberg stated the proposed addition meets all other setback and lot coverage
requirements. City staff has not heard from any neighboring property owners on this request.
Staff recommends approval of the variance to reduce the side yard setback as the request is
expanding an existing setback that received variance approval in the past and was a result on an
approved lot split. City staff has no recommendation of the variance to reduce the parking and
hard surface setback requirement as it is within previously granted dimensions. Similar
variances were granted in 2005 at 6875 University Avenue which is Woodcrest Church and at
that time the variance was granted from 20 feet to 5 feet. There was also a variance granted in
2004 for the Applebee's restaurant, and that setback was reduced from 20 feet to 8.5 feet.
Ms. Stromberg stated the petitioner has also applied for a variance from Minnesota Rules
Chapter 1306 which the City has adopted. This requires buildings over 2,000 square feet to be
sprinkled. Mr. Harstad's proposal for the addition to his existing building meets Code
requirements contained in Chapter 1306 requiring installation of a fire sprinkler system.
Mr. Harstad's project does not meet any of the provisions for exemption or waiver as expressed
in Chapter 1306. She did put a copy of that Code in front of them tonight, as well as a copy of
the City Code and with its reference the City has adopted, that section of the Minnesota rule.
Since there is not an opportunity for extension or waiver, staff is recommending denial of that
portion of the variance request.
Ms. Stromberg stated staff recommends if the variance is granted, the following stipulations be
attached:
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The parking lot shall be restored to Code requirements for paving, curbing, and
painting after the addition is completed.
3. The petitioner shall submit a drainage plan and receive City engineering staff
approval prior to issuance of a building permit.
4. The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line, instead i the required 3-foot
setback.
Landscape plan shall be reviewed and approved by City staff prior to issuance of
a building permit.
Chairperson Vos stated if there is no waiver or exemption on the sprinkler system, how do they
make a variance?
Ms. Stromberg stated she will need them to act on all three variances independently. The
sprinkler variance would be separate.
Chairperson Vos asked if staff could provide some clarity on the sprinkler requirement, whether
this was new Code? He talked to Anderson Carpet, its building is larger than petitioner's
building and does not have a sprinkler, and must be because of the date.
Ralph Messer, Fridley Fire Marshal, stated on September 10, 2001, the City adopted Chapter
1306 of the Minnesota Rules. Prior to that we had a sprinkler ordinance in the City of Fridley
that was enacted some time in the late 90's, prior to his becoming fire marshal in 2000. The
State recognized our sprinkler ordinance here based on zoning requirements as stating in excess
of building code and unenforceable. The State then created Chapter 1306 in approximately 1997
and he believed in 2000 they created a Chapter 1306 in the Rules for communities that did not
have sprinkler ordinances and gave the City several options to choose. The 2,000-foot option
that the City selected is based on a community's ability to fight fires with its own resources; its
own personnel and own equipment.
Chairperson Sielaff asked has there been any other situations where this has been the case since
then, an expansion that was required to put a sprinkler system in?
Fire Marshal Messer replied the City's public works building was the first that qualified for the
retro effect of having an existing building with the building of an addition. There have been two
or three others.
Commissioner Sielaff questioned so there have not been any other variances granted on this
yet?
Fire Marshal Messer replied, no. There is a section, 1306.0060, allowing a building official
with the concurrence of the fire official to grant a variance for specific circumstances. Basically
where a sprinkler system creates more danger if it was installed. They believe the requirements
of the Code have been met with this proj ect, and it needs to go forward with the sprinkler system.
There really is no variance that can be granted under the Code, the standards do not exist.
Commissioner Brown asked just for the sake of clarity, there is no provision that would look at
the design of the building? He was thinking of the open bays and that sort of thing.
Fire Marshal Messer replied, no.
Commissioner Vos asked because of the other building being so close, is that a concern from a
fire standpoint?
Fire Marshal Messer replied that would be a concern that would be addressed by installation of
a fire sprinkler system.
Commissioner Sielaff asked were there any grandfathering of the provisions on existing
structures or that they would have to be up to this standard by a certain date, etc.?
Fire Marshal Messer replied, not that he is aware of.
Glen Harstad, The Carwash Company, stated he has had 26 years of operating a car wash, 18
years with his father, who was on the Fridley and Mounds View Fire Departments. He thinks the
only thing in the Code that is an exception is a public pool. Someone had to lobby that. Being
very close to the carwash business, he knows of all the tunnels and washes being built in the
cities that are not required to have a sprinkler system. The City of Fridley had adopted this as a
guideline to go by. He is building a building where he has the option to put a wood roof on if he
wanted to. They are going to be putting up another masonry building, with a masonry roo£ He
had a carwash that had a sprinkler system which was put in Little Canada in 1987. Underneath
his property runs a pipeline. It has been a nightmare. The pipes rust out, they have been sliced,
and especially on the pipes coming through, too tall of vehicles try to get under them, he has to
have them move out from under the doors, he gets false alarms. The carwash is an all masonry
building. The carwash in Fridley that had a car fire in it, that fire did not spread from one bay
down through that building. Also, when they add onto the carwash, the equipment room will run
right down the middle of it. He will have an 8-foot separation between 2,000 square feet on one
side and 2,000 on the other (actually a little under that) so he actually has almost two separate
buildings sitting there. If he were to have some type of car fire, he would not put it out if it was
contained in a car with a sprinkler system up above. They have eight, 8 x 10 foot doors that
people could get out. The carwash doors are only closed for typically four months. If you have
an explosion, 80 mph wind will take out that door because the doors they are hurricane tested
and that is what they wanted. He believes this is a situation that should not require a sprinkler
system. He also had a carwash regulated by St. Paul and they wanted a sprinkler system, and it
came down to the point of them saying, where do we have the hazard and something that could
burn, which would be down the middle where the equipment room is containing his hoses, paint,
chemicals, etc. St. Paul made them put a sprinkler system in the equipment room and he runs
that with absolutely no trouble. He feels that if he is building a building with four-hour masonry
firewall, he thinks the Fridley firefighters would get there to put out one fire in the bay.
Commissioner Sielaff asked Mr. Harstad about the St. Paul sprinkler system, he has one but it is
in just part of it?
Mr. Harstad replied the car wash is a rather large one and the sprinkler system is over the center
pump stands and in that area and that has an alarm.
Commissioner Jones asked Mr. Harstad then he could rationalize the need for sprinkler that
over the equipment room but not over the bays where there are more problems than they are
worth and really have very little or no value?
Mr. Harstad replied being the son of a firefighter and knowing what his father had to go into
with the linseed oil plant, etc., he would not want a firefighter to open up that door and have a
fire with those chemicals burning. In his 26 years he has never had a fire in any of his
carwashes.
Commissioner Sielaff asked Mr. Harstad if he had any idea of what it would cost to put in a
sprinkler system?
Paul Stone, associate of Mr. Harstad, stated it would be about $40,000-$50,000 with 6-foot
water lines.
Mr. Harstad asked the City to take a look at what other cities are doing, and he knows the City
has the capability of looking at each situation separately.
Commissioner Sielaff asked what is the estimated cost if he just did the equipment room?
Mr. Harstad replied he cannot believe it would be more than about $5,000.
Commissioner Sielaff asked Mr. Harstad it sounds like he is willing to make that compromise?
Mr. Harstad replied he would be very willing to do that for the simple reason he does think that
is an area he would want to protect, if something were to burn, and that is the area that would
start to burn. That is where all of his electrical is, all his chemicals, hoses, etc.
Commissioner Sielaff asked the Fire Marshal are there specifications attached to this
requirement, for example, how many sprinkler heads, etc.?
Fire Marshall Messer replied in Minnesota all of our sprinkler designers and sprinkler fitters
are State certified. They are design engineers and they would certainly know.
Commissioner Sielaff asked about the pools being exempt.
Mr. Stone stated they have to remember the car bays will be 870 square feet and then the
chemical room will be 450 square feet. In between each of the bays is a block wall which is
rated for a four-hour fire rating. He has done other projects; he has done two carwashes where
sprinkler variances were granted. A self-service hand car wash is in Anoka, they added onto a
building over there and, because it was a car wash they did not require the sprinklers. Another
one is up in Forest Lake which was a pull-through car wash and it had a coffee shop attached.
The coffee shop was required to be sprinkled but not the car wash. It is not required in a pool
area, which he has done them in, with all the steam and moisture that is in the air that obviously
corrodes the pipe and then you start getting false alarms, it has to be all replaced. Now you have
the same thing in a carwash with the moisture in the air and it will start corroding the pipes and
also of course you have an unmanned carwash. Mr. Harstad has had enough problems with
vandalism in these things, taking the hoses off, and trying to get into the change machine, it is
just another thing that can break, etc.
Commissioner Jones asked about the outside bays on either side they do not share a wall with
the equipment room?
Mr. Harstad replied, no, they do not.
Commissioner Jones stated so it is just the two on the north and the two on the south.
Mr. Harstad replied, correct.
Chairperson Vos asked Mr. Harstad if he had any problems with any of the stipulations?
Mr. Harstad replied, no, the City has worked well with them on this. Mr. Stone just got the
plan back on the rain garden on the side so they will actually be taking the water right off the
building. Some of that water will now be piped under the parking lot and into a rain garden
which will actually save on his parking lot. Regarding the 10-foot setback was basically to get
around that side of that building. If a car stalled or something, they want to be able to move it.
Commissioner Vos stated he will really have a different traffic flow with the addition, correct?
Mr. Harstad replied it would still be the same as it is. People would still come in from the back
service road and into the bays and then as they come out, they will be doing striping and actually
make it so people would go to the area to dry and stay away from where people are going in and
out. Having double bays makes for a natural pushing action because you have two people in a
bay and one pushing the other. Under the Clean Water Act of 1992, it is actually illegal for
people to wash their car in their driveway and water going into the storm sewers and into our
ponds, etc. Everything from the carwash goes into the sanitary sewer and is cleaned up before it
gets back into our reserves. Fridley is in need of more space to wash their cars. The car is
basically king and it deserves a place where we can maintain it.
Commissioner Sielaff stated he thinks they need to have a sprinkler system on the property but
is not really persuaded they need it for the entire property. He is wondering how to approve a
variance regarding the sprinkler system required only for the equipment room.
Ms. Stromberg replied it is on record how each of them discussed this and how they feel and
what they think is right but she thinks they need to approve whether they believe the whole thing
should be sprinkled or not and it does go onto City Council for them to make that determination.
Commissioner Jones stated it looks like there are actually four double bays that they pull
through, there is no wall running along the bay so they are basically double drive-thru bays.
Then in the middle they have enclosed equipment and a vending area with a door that goes into
the equipment area. All of those walls are there are four-hour masonry firewalls and the ceiling
are also four hour. He asked the Fire Marshal if someone said they would approve a situation
allowing a sprinkler system in the equipment area only and not required in the bay, what would
he think of that?
Fire Marshall Messer replied, he would concur with Mr. Julkowski, and he believed the 1306
requires the entire premise to be sprinkled but he is not sure he has the authority to grant a
variance.
Commissioner Jones stated he just asking him what is his opinion from a safety standpoint?
Fire Marshall Messer replied if it is acceptable construction for the Building Official.
Ron Julkowski, Chief Building Official, stated they can build this building without a sprinkler
system if they divided that building in hal£ Onan Cummings did it with a test building, they
have two separate buildings right next to each other. The storage walls go all the way to the end
with a two hours wall and would make two separate buildings. That 448 square feet, and
continue those two walls to the outside wall, the block wall, and could put 1'/z hour doors and
technically they would have two separate fire and actually make it two separate buildings.
Commissioner Jones asked what he is talking about is extending the walls were the vending is
and putting in a door?
Mr. Julkowski stated they would effectively have two separate buildings and a fire sprinkler
would not be required.
Commissioner Sielaff asked how much local control is there?
Mr. Julkowski stated most of the Minnesota Rules are part of the State Building Code, 1306 is
only an optional provision that has been adopted by this local jurisdiction. All the other
Minnesota Rules apply to Building Code. That is the only Minnesota Rule the City can adopt.
City Councils can do what they want, and he knows an instance where they reduced a setback
requirement for the Target Distribution Center, they reduced it from 60 to 40 feet which is
current Code but used to be 60 feet.
Mr. Harstad stated regarding the option of the two-hour fire doors, that is not a problem
designing that into the building. He knows how the City Council will follow the Appeals
Commission recommendation. He guessed they are doing everything in their power to not have
to put it in a bay so as to not go through corrosion problems, etc. and still protect the part of the
building that would lend harm to a firefighter who would enter the building in a fire. He would
like a recommendation from the Appeals Commission saying they looked at the circumstances
and they he could do this with fire doors here as recommended and the plan be approved by the
Building Inspector at that time. He would appreciate it if they could make a decision and
recommend something to the City Council it has been well discussed and they could come to
some type of agreement.
MOTION by Commissioner Jones to close the public hearing. Seconded by Commissioner Vos.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE
MOTION CARRIED AND THE HEARING OPENED AT 8:47 P.M.
Commission Vos stated they could approve the variance for all areas except the equipment area,
and then the Council can decide who they want to interpret it, by design or by sprinkler system.
He thinks the discussion they had they thought there is a need for some fire protection and which
is the best one, to separate the two buildings or not.
Commissioner Sielaff stated his primary interest is to have the fire protection in the equipment
room, whether the buildings are separated or not.
MOTION
stipulations:
1.
2.
3.
4.
5.
by Commissioner Jones approving the side yard setback with the following
The petitioner shall obtain any required permit prior to the start of construction.
The parking lot shall be restored to Code requirements for paving, curbing, and
painting after the addition is completed.
The petitioner shall submit a drainage plan and receive City engineering staff
approval prior to issuance of a building permit.
The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line, instead i the required 3-foot
setback.
Landscape plan shall be reviewed and approved by City staff prior to issuance of
a building permit.
Seconded by Commissioner Sielaff.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE
MOTION CARRIED.
MOTION by Commissioner Sielaff approving the hard surface and parking setback from any
street right-of-way with the following stipulations:
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The parking lot shall be restored to Code requirements for paving, curbing, and
painting after the addition is completed.
3. The petitioner shall submit a drainage plan and receive City engineering staff
approval prior to issuance of a building permit.
4. The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line, instead i the required 3-foot
setback.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of
a building permit.
Seconded by Commissioner Jones.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE
MOTION CARRIED.
MOTION by Commissioner Jones approving the variance for the sprinkler system, except
equipment area. Seconded by Commissioner Sielaff.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE
MOTION CARRIED.
2. UPDATE ON PLANNING COMMISSION & CITY COUNCIL ACTIONS:
Ms. Stromberg stated the June 27, 2007, and July 11, 2007, meetings are cancelled. They will
be having a meeting on July 26, 2007.
3. OTHER BUSINESS:
ADJOURNMENT:
MOTION by Commissioner Jones, seconded by Commissioner Sielaff, to adjourn the meeting.
UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON VOS DECLARED THE
MEETING ADJOURNED AT 8:47 P.M.
Respectfully submitted by,
Denise M. Johnson
Recording Secretary
�
�
CffY OF
FRIDLEI'
T0:
FROM:
DATE:
RE:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
The Honorable Mayor and City Council
William W. Burns, City Manager
June 21, 2007
Resolution Requesting Special Session
Attached is the resolution that was sent to us by Mayor Steve Cook of the City of Hutchinson.
I added the language on our TIF legislation. Roberta also aligned the margins and
"Fridleyized" it. Other than those few changes, it is the same as s the one sent to the Mayor.
Staff recommends your approval.
Attachment
RESOLUTION NO. 2007 -
RESOLUTION IN SUPPORT OF A 2007 SPECIAL LEGISLATIVE
SESSION TO CONSIDER THE OMNIBUS TAX BILL
WHEREAS, the Minnesota Legislature, in its 2007 regular session, passed the 2007 Omnibus
Tax Bill (House File No. 2268); and
WHEREAS, the Omnibus Tax Bill contained provisions, including:
- Homestead properry tax refunds;
- Increases in local government aid, which would benefit cities, counties and townships;
- Veterans' benefits;
- Higher education tuition deductions;
- Incentives for farm and business expansion; and
- Legislation permitting a transit-oriented tax increment financing district that would allow
the funding of Fridley's Northstar Commuter Rail station.
WHEREAS, the regular legislative session of the 2007 Legislature has now ended; and
WHEREAS, the Omnibus Tax Bill was vetoed by Minnesota Governor Tim Pawlenty on
May 30, 2007; and
WHEREAS, the Governor has indicated support for tax levy limits which constrict the ability of
municipalities to generate revenue for municipal services; and
WHEREAS, enactment of the Omnibus Tax Bill would be a great benefit for the taxpayers of
Minnesota, especially property taxpayers; and
WHEREAS, a special legislative session, if convened, would permit further discussion and
possible enactment of the Omnibus Tax Bill;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley requests
that the Governor of the State of Minnesota, Tim Pawlenty, convene a special legislative session
without delay to enact the 2007 Omnibus Tax Bill.
BE IT FURTHER RESOLVED, that the City Council of the City of Fridley urges the Governor
and State Legislature to not impose limits on municipal tax levies.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF JUNE, 2007.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
� AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 25, 2007
CffY OF
FRIDLEI'
INFORMAL STATUS REPORTS