07/14/2008 - 29255CITY COUNCIL MEETING
CITY OF FRIDLEY
JULY 14, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m
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
James Kosluchar, Public Works Director
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of June 23, 2008
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending the Fridley Home Rule Charter,
Chapter 2. City Council Organization, Chapter 3. Procedure of Council, Chapter 4.
Nominations and Elections, Chapter 5. Initiative, Referendum and Recall and
Chapter 6. Administration of City Affairs.
Williams Burns, City Manager, stated the proposed changes were initiated by the Charter
Commission to maintain consistency with statutes and update terminology. All of the changes
may be regarded as housekeeping rather than substantive in nature. Staff recommends Council's
approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1252 ON SECOND READING.
NEW BUSINESS:
2. Receive the Minutes from the Planning Commission Meeting of June 18, 2008.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 2
RECEIVED.
3. Special Use Permit Request, SP #08-09, by Alisa Gutierrez, to Allow a Cat and Dog
Grooming Business, Generally Located at 6501 Central Avenue N.E. (Ward 2).
William Burns, City Manager, stated the petitioner wishes to establish a dog and grooming
studio in a 720-square space in a strip mall at the above address. Staff determined that the use
requires a special use permit in this C-2 General Business zoning district. On June 18, 2008, the
Planning Commission recommended approval, subject to six stipulations. There is a seventh
stipulation that states the petitioner shall properly seal and insulate the walls between her tenant
space and adjoining tenant spaces up to the ceiling. That is something he understands the
petitioner agrees with. Staff recommends Council's approval with the following seven
stipulations:
1. The petitioner shall obtain a building permit prior to interior modifications of required by
the Minnesota State Building Code.
2. The petitioner shall comply with Minnesota State Building Code requirements.
3. The petitioner shall obtain a sign permit prior to installation of any new signage.
4. The ventilation system needs to be designed so that no odors or organisms will spread
between wards or to the outside air.
5. There shall be no outside pens or holding areas for the animals.
6. City staff to review special use permit within one year to ensure compatibility.
7. Petitioner shall property seal and insulate the walls between her tenant space and
adjoining tenant spaces up to the ceiling.
APPROVED.
4. Variance Request, VAR #08-05, by Jay Thorson of Daily Companies on Behalf of
Miller Funeral Home, to Reduce the Side Yard Setback on the North Side of the
Building from 15 Feet to 3.7 Feet to Allow an Expansion of the Existing Garage; and
to Increase the Encroachment of a Canopy into the Required Side Yard from 3 Feet
to 7 Feet, Generally Located at 6210 Highway 65 N.E. (Ward 2).
William Burns, City Manager, stated petitioner is asking that Miller Funeral Home be allowed
to build an addition to an existing garage on the north side of their property. If allowed to build
the 17.65-foot by 60-foot addition, they will be extending their existing side yard encroachment
by 60 feet for a total distance of 81 feet 8 inches. They are also asking for a second variance that
will increase the side yard encroachment of a canopy on the south side of the building from 3
feet to 7 feet. They are eliminating a mansard roof and are putting canopy in place of it. The
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 3
canopy will stretch out a little bit more over the side yard. At their June 25 meeting, the Appeals
Commission voted unanimously to approve the variance request subject to four stipulations.
Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Receive Bids and Award Contract for the 2008 Quiet Zone Project No. ST2007-03
(Ward 3).
William Burns, City Manager, stated the City received four bids for the median driveway work
on Osborne Road and 77th Way that will allow the establishment of a quiet zone for the two
Burlington Northern Santa Fe railroad crossings on these streets. The low bidder was Hardrives,
Inc. of Rogers, Minnesota, in the amount of $128,358.35. Due to rapidly rising costs of fuel and
asphalt, the bid is considerably higher than the City's earlier estimate of $85,000.
Notwithstanding the increase, staff is recommending Council's approval of the bid to Hardrives,
Inc. The work funded from the City's MSAS account will take about 30 days and should be
completed by September 26. We are still not in control of our own timetable. What we do
depends on the response times of Burlington Northern and the Rail Authority. Staff's estimate of
the Anoka County's share of the cost for this project is $11,400. Anoka County turned down our
original plan because we did not connect the median to the median that extends from East River
Road. So the medians are going to be connected and it will cost an additional $11,400. It is a
difference of about 58.76 feet.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
6. Receive Bids and Award Contract for the Elevated Water Tower No. 2
Rehabilitation Project No. 378 (Ward 1).
William Burns, City Manager, stated the City received six bids for this project. The low bidder
was Classic Protective Coatings, Inc., from Menomonie, Wisconsin, in the amount of $880,900.
The bid amount compares with $850,000 that was included in the 2008 water capital
improvements budget. Staff expects the work on this tank to begin this fall after the peak water
demand season. It will be completed by November 1. The work will be funded from the
proceeds of water revenue bonds. Staff recommends Council's approval.
RECEIVED THE BIDS AND AWARDED THE CONTRACT TO CLASSIC
PROTECTIVE COATINGS, INC., IN THE AMOUNT OF $880,900.
7. Claims (137321-137610).
APPROVED.
8. Licenses.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 4
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
9. Estimates
APPROVED THE FOLLOWING ESTIMATES:
Midwest Asphalt
5929 Baker Road, Suite 420
Minnetonka, MN 55345
2008-1 Street Improvement Project
Estimate No. 2 .................................................................... $431,227.30
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item Nos. 4, 5, and 8 be removed.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Item Nos. 4, 5, and 8. 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 Item Nos. 4,
5 and 8. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No one in the audience spoke.
NEW BUSINESS:
4. Variance Request, VAR #08-05, by Jay Thorson of Daily Companies on Behalf of
Miller Funeral Home, to Reduce the Side Yard Setback on the North Side of the
Building from 15 Feet to 3.7 Feet to Allow an Expansion of the Existing Garage; and
to Increase the Encroachment of a Canopy into the Required Side Yard from 3 Feet
to 7 Feet, Generally Located at 6210 Highway 65 N.E.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 5
Councilmember Bolkcom stated she has a concern as Miller Funeral Home has been before
them several times related to different variances. She loves the project that is before them and
thinks it will really modernize the building and bring it more up to date. It seems like there has
been a lot of variances on this property. She would like to ask the petitioner whether this was
final. She is concerned about a master plan.
Jay Thorson, Daily Companies, stated he is the builder/contractor who will be doing the work.
The architect is also present. He has worked with Kim Miller on and off over the years. They
have done a lot of studies on adding on to the building and improving it so he can expand his
business. They realize he is limited as to what he can do because of the size of the lot.
Councilmember Bolkcom asked if there was an overall master plan. She said it seems like
there are different variances, and it seems like at some point some of these could have probably
been taken care o£ She understands things change and it is unfortunate the petitioner is not here.
She said they are almost out of room when this is done. She is a little concerned he could come
back again and say he did all the work and it was not an overall plan.
Mr. Thorson stated he is not sure and he cannot speak for Mr. Miller.
Councilmember Bolkcom stated it unfortunate he is not here. She is trying not to make him
leave and values the business, but it is already encroaching on the neighborhood.
Mr. Thorson replied, he knows he is just trying to run the business as efficiently as he can. He
can only expand and do so much business. They have talked about having to relocate or build
another facility; but he thinks the petitioner just wants to make it the best he can. He knows the
last variance which he was not involved in was for expanding he believed on the west side of the
building including the garage expansion. He is not really sure what that all encompassed, but he
thinks it was an economic deal and just not worth doing. He said he thought the petitioner's
focus now is to upgrade the appearance of the building.
Councilmember Bolkcom stated in the petitioner's hardship statement he says, "I feel this slight
addition will enhance the appearance and not be a significant encroachment to the north
setback" However, going from 16 to 3.7 is pretty significant.
Mr. Thorson said the building already is where they are going. The only major change is he is
putting a roof on it. He is extending it a little bit to the west, but he is already at that point right
now. It had not been compliant back then. So he is just continuing that through. Frankly, he is
going to be spending quite a bit of money doing this. Mr. Thorson does not foresee him adding
on and changing this down the road.
Councilmember Bolkcom asked about the renderings?
Mr. Thorson provided renderings for Council to view.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 6
Mayor Lund asked about a comment by a neighboring property owner who was against it. He
asked if the person owned commercial or residential property. He does not think the 60-foot
extension affects it at all. It is adjacent to commercial.
Scott Hickok, Community Development Director, replied he thinks there was an issue of clarity
about exactly where the addition was going to be. Once it was better understood where the
building would be modified, there was a better understanding and acceptance of it.
MOTION by Councilmember Bolkcom to approve Variance Request, VAR #08-05, by Jay
Thorson of Daily Companies on Behalf of Miller Funeral Home, with the following stipulations:
1. Petitioner shall obtain any required permits prior to beginning construction.
2. The proposed north wall shall meet Minnesota State Building Code requirements for
distance to a property line.
3. Parking lot to be restored to Code requirements for paving curbing and painting after the
addition is completed.
4. Landscaping on the north side of building to be restored to Code requirements after the
addition is completed.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive Bids and Award Contract for the 2008 Quiet Zone Project No. ST2007-03
(Ward 3).
Councilmember Bolkcom said in the agenda, it mentions that funding will be provided by the
City's MSAS account, and the City is requesting Anoka County participation. In Dr. Burn's
original breakdown he mentions $11,400. She asked if they are pretty clear that money is
coming from Anoka County.
James Kosluchar, Public Works Director, replied Anoka County weighted that information
based on the bids received. Staff is going to be providing that, and they will have an
understanding that they have discussed this already. There is no written agreement at this point,
but that is the next step.
Councilmember Bolkcom asked if they can start this project before they have heard back from
the rail authority.
Mr. Kosluchar replied they are in that process. They have not heard anything that is going to be
a stumbling block at this point. The contractor is going to be required to permit with BNSF. The
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 7
only comments the City has received from the Rail Authority have been basically clarifications,
and the City has come out fine on those.
Councilmember Bolkcom asked how many days we had from the time we made the
application.
Mr. Kosluchar said he believed it was 60 days. We will be coming up to that probably in the
next 15 to 25 days.
Councilmember Bolkcom asked if they anticipated any problems with traffic.
Mr. Kosluchar said he thought the specifications are written so that the contractor is not allowed
to fully close the roadways, and there is an item for traffic control.
Councilmember Bolkcom asked how long it will take to complete.
Mr. Kosluchar replied about 30 days from start to finish.
Mr. Saefke asked if this included the 77th Avenue. He asked if they would be tearing both up at
the same time or if people could use 77th Avenue as a detour for a while.
Mr. Kosluchar said he had not see a schedule from the contractor; but he believed that was
going to be the case. He thought they would probably do the concrete work together on both.
Mr. Saefke said one of his concerns is for emergency vehicles as there are a limited number of
crossings to get to East River Road.
Mr. Kosluchar replied, they will make sure and discuss that with the contractor.
Joan Olson, 6320 Van Buren NE, said she thought the project was a waste of City money. She
thinks it is another case of the government bailing out people because people did not do their
homework when they bought houses near the tracks. She is worried that the City is going to get
held liable if anybody gets killed on that intersection.
Councilmember Bolkcom said with the quiet zones there is more safety because right now
someone can go around the crossing arms. Studies have shown they are better and safer. This
will stop more people from going around. There are now between 80 to 100 trains going through
and is not what it has been like for a lot of these people who have been living in the
neighborhoods for many, many years.
Mayor Lund stated it is safer. When the buildup of Fridley occurred 40 to 50 years ago, there
was one-tenth, if that, of the train traffic. The trains have gotten bigger, louder, longer, and more
frequent.
Ms. Olson stated she can think of a lot of ways that the $128,000 could be better spent.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 8
Mayor Lund stated the monies are coming from State aid, and have to be used for transportation
type things. He said it was unusual that the winning bid was 45 percent more than what they
expected.
Mr. Kosluchar said asphalt has been changing dramatically every month. The cost of diesel
fuel also affects every aspect of a job like this.
Mayor Lund asked if he thought the bids that came in were reasonable.
Mr. Kosluchar replied yes.
MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 2008
Quiet Zone Project No. ST2007-03 to Hardrives, Inc. in Rogers, Minnesota, in the amount of
$128,368.75. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Licenses.
Councilmember Bolkcom stated on the rental licenses, there are 213 properties--180 of them
for renewal in the second quarter in 2008, 28 for the fourth quarter of 2007, and 3 for the third
quarter of 2007. She asked why the 2007 licenses are on the agenda for approval now and asked
for an answer from the Fire Department.
MOTION by Councilmember Bolkcom to approve the licenses as submitted and as on file.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
10. Consideration of a 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) (Continued
January 7, 2008).
MOTION by Councilmember Varichak to remove this item from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE ITEM
REMOVED FROM THE TABLE AT 8:18 P.M.
Mr. Hickok stated a special use permit was approved on this property for outdoor storage, but
there were several stipulations attached. At the January 7, 2008, meeting Council instructed Mr.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 9
Anderson to have all the outdoor storage issues, including equipment, materials and vehicles to
be stored under a roof structure or removed from the site by February 15. By February 15 they
had everything taken care o£ The site remains free from outdoor storage. At the January 7
Council meeting Council also directed Mr. Anderson to have his lean-to structure for screening
of materials constructed by July 1 of this year. They may recall that Mr. Anderson stated he
wanted to retain the opportunity to have outdoor storage because his largest tenant in the
building would be leaving and he wanted to advertise the building as having outdoor storage
opportunities. Staff recommends that Council revoke Special Use Permit, SP #06-04, for BDA
Development that would allow limited outdoor storage. If the petitioner would like to have
outdoor storage on the site in the future, City staff and Council would have to evaluate a new
special use permit at that time. The petitioner was aware both by virtue of being here and having
the date set the last time this was before Council. Stacy Stromberg did contact his office to let
him know that we would be back before the Council this evening and this was our
recommendation, and we have heard nothing from petitioner.
Councilmember Varichak asked if they revoke this, they are saying he does not have to build
the screen because there is no outdoor storage. If it does come back that he does want to do the
outdoor storage, he will have to provide the screening at that time and reapply for a new permit,
correct?
Mr. Hickok replied, that is correct.
Councilmember Bolkcom asked if he would be receiving a letter saying that we have revoked
the special use permit; and if he wants tenants with outdoor storage he has to come back before
us.
Mr. Hickok stated the item is not closed until they have received their action letter that indicates
what Council's action was and for what reason.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:25 P.M.
OLD BUSINESS:
11. Resolution Revoking Special Use Permit, SP #06-04, for BDA Development to Allow
Limited Outdoor Storage in an M-1 Zoning District, Generally Located at 7600
Highway 65 N.E. (Ward 2) (Tabled January 7, 2008).
MOTION by Councilmember Varichak to adopt Resolution No. 2008-28. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 10
NEW BUSINESS:
12. First Reading of an Ordinance Under Section 12.06 of the Fridley City Charter
Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof
(Generally Located on Springbrook Creek Near the Intersection of Broad Avenue
and 79t'' Way) (Ward 3).
Scott Hickok, Community Development Director, stated they met with both property owners.
The original petitioner, Justin Chapweske, indicated that he would be buying three of the lots;
and Mr. LaGesse and his wife would be buying the two lots to the west. The City has agreed to
the terms and a survey is under way.
Mayor Lund asked once they declare this as excess property and the two parties go ahead, what
happens if one of them decides they cannot afford it? If he recalls correctly from their
discussion, they are declaring all of the property excess.
Mr. Hickok said all indications are that it will proceed.
MOTION by Councilmember Bolkcom to waive the reading of the 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.
13. Informal Status Reports.
None.
ADJOURN.
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 8:35 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor