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FRIDLEY
CITY COUNCIL MEETING OF NOVEMBER 9, 2009
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 572-3500. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 26, 2009.
NEW BUSINESS:
1
2
3
4
Receive the Minutes from the Planning Commission
Meeting of October 21, 2009 .............................................................................. 1- 4
Resolution Appointing Election Judges for the
2009 Special Municipal Election ......................................................................... 5- 7
Claims............................................................................................................. 8
Licenses............................................................................................................. 9 - 10
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 2
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
NEW BUSINESS:
5. First Reading of an Ordinance Amending
Fridley City Code Chapter 101, Animal
Control, Pertaining to Dangerous Dogs
and Official Title and Summary Ordinance ........................................................... 11 - 15
6. Preliminary Plat Request, PS #09-04, by
Greg Dahlke, E& J Development, to
Subdivide One Lot to Create Two Lots,
Generally Located at 8170 Hickory Street
N. E. (Ward 3) ..................................................................................................... 16 - 20
7. Informal Status Reports ...................................................................................... 21
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
OCTOBER 26, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Richard Pribyl, Finance Director/Treasurer
Scott Hickok, Community Development Director
Jim Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Tom Larson, 6556 Stinson Blvd NE
George Brown, 5220 Main Street NE
Chuck Schwalby, 5445 Teakwood Lane N
Diane Krueger, 173 Pilot Avenue NE
Bruce Setterholm, 4538 2'/z StreetNE
Sarah Shackleton, 6489 Taylor Street
Marvin Weiss, 6111 Rainbow Drive
Ryan Pobuda, 144 Satellite Street
PROCLAMATIONS:
Homeless Awareness Month — November, 2009
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 12, 2009
Mayor Lund asked for a correction on page 17, second paragraph, second sentence to change
"whereabouts" to "thereabouts."
APPROVED AS AMENDED
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 2
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of October 7, 2009.
RECEIVED.
2. Resolution Adopting the Assessment for the 2009 East Moore Lake Drive Landscape
Revitalization Project No. 2009-1.
William Burns, City Manager, said the project has five properties that will be assessed for five
years at an interest rate of 5.5%. The amount assessed is $49,847.99. Staff recommends
Council's approval.
ADOPTED RESOLUTION NO. 2009-57.
3. Special Use Permit Request, SP #09-13, by H.B. Fuller Co., to Allow Limited Outdoor
Storage in the Rear Yard of the Property, Generally Located at 5220 Main Street N.E.
(Ward 3);
and
Resolution Approving Special Use Permit, SP #09-13, for H.B. Fuller, 5220 Main Street
N.E.
William Burns, City Manager, said the plan is to store trailers that contain empty 55 gallon
drums, pallets and other miscellaneous materials and equipment. They plan to store these items
in a 10,800 square foot rear yard area and a 5,100 square foot side yard area. The total square
footage is well within the allowable area identified in the City Code. The Planning Commission
gave their unanimous approval to this request on October 7. Staff recommends Council's
approval of the resolution with the four stipulations.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Special Use Permit Request, SP #09-14, by Sign Wise Group on Behalf of Mohamad
Zaro, the Property Owner, to Allow an Electronic Gas Pricing Sign, Generally Located
at 7899 East River Road N.E. (Ward 3);
and
Resolution Approving Special Use Permit, SP #09-14, for Sign Wise Group on Behalf of
Mohamed Zaro, the Property Owner 7899 East River Road N.E.
William Burns, City Manager, said the petitioner, Mohamed Zaro, is planning to reface an
existing 80 square foot sign by inserting a 28 square foot LED pricing panel. Other panels will
be installed to allow signage for other tenants. The Planning Commission gave their unanimous
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 3
approval at their meeting on October 7. Staff recommends Council's approval of the resolution
along with the stipulations.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Approve Comprehensive Sign Plan for Riverboat Strip Mall, Generally Located at 7899
East River Road N.E. (Ward 3)
William Burns, City Manager, said the new owners of the Riverboat Strip Mall are in the
process of remodeling the building and the signage. Their proposed sign meets all of the City's
criteria and will allow for new, modern looking signs. The new signage will consist of
manufactured channel letters embedded in a channel raceway rather than attached to the
building. All signs will be required to be the same color. Staff recommends Council's approval.
APPROVED.
6. Approve 2010 Sixty-Day Agency Action Application Deadlines for the Planning
Commission and the Appeals Commission Meetings.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
7. Approve School Resource Officer Program Agreement between the City of Fridley and
Independent School District No. 14.
William Burns, City Manager, said the only change in this agreement from prior agreements is
that it applies to one officer rather than two. The agreement provides that School District #14
will reimburse the City for one-half of the assigned officer's salary and benefits for nine months.
The amount is based on the salary of the assigned officer. The amount of reimbursement for the
2009/2010 school year is $33,240. The contract allows either party to opt out of the agreement
through activation of a 30-day cancellation clause. Staff recommends Council's approval.
APPROVED.
8. Claims 143684 — 143833.
APPROVED.
9. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked for Item Nos. 3, 4, and 6 to be removed.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 4
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
Nos. 3, 4, and 6. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item Nos. 3, 4,
and 6. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Tom Larson, 6556 Stinson Boulevard NE, said he is a senior citizen and a retired employee of
the City Fridley. He was disgusted to see the amendment for the Charter. This is a waste of the
city's money and he did not appreciate the article in the Focus about cutting back on police, fire,
road plowing, etc. To spend money on another special election is a waste of money. If the City
is short on funds why not look at City Hall and cut positions. Something needs to be cut
somewhere.
Mayor Lund said every other city has to have justification to raise taxes but their Council can
do that. Fridley on the other hand is restricted because they have to go to the voters and ask
every two years in a general election for an increase. If you feel it is a waste of money for a
special election, now is the time to inform citizens about this because a petition has come
forward. If a petition had not come forward an election would not be needed. The City is trying
to solve its financial troubles and having the ability to ask for an election does not take away the
voters' rights because they can still say no to a tax increase.
William Burns, City Manager, said the City has reduced staff from 122 employees to 108 and
cut $12M from the 2009 and 2010 budgets. Efforts have been made to cut as much as possible
from the budget.
Mr. Larson asked why the election could not wait unti12010.
Mayor Lund said the City does not have the ability to ask residents to raise taxes during a
special election. It can only be done during a general election. The special election is not about
raising taxes but about asking to have a special election. The Charter restriction requiring us to
ask for a tax increase still remains in place. The problem with waiting is because of what is
happening at the state level; the budget problems have not been fixed but deferred for the next
session. There could be another $4.SB deficit coming in 2011 and 2012. As long as the state
financial problems exist, it will continue to impact us at a local level. The City is doing the best
they can in making budget cuts. At some point, the City may have to ask for an increase in
property taxes or try to create some kind of new revenue for the City.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 5
Mayor Lund said if the City waits until the next election, things will get pushed back for
another year. There is a significant drop-off of voters who do not vote on all the questions on the
ballot. As you get down to the city level and specific questions, there is a 20% drop-of£ This is
unfair to those who vote on everything, because those voters who do not bother to vote on all the
questions are counted as a"no" vote.
NEW BUSINESS:
3. Special Use Permit Request, SP #09-13, by H.B. Fuller Co., to Allow Limited Outdoor
Storage in the Rear Yard of the Property, Generally Located at 5220 Main Street N.E.
(Ward 3);
and
Resolution Approving Special Use Permit, SP #09-13, for H.B. Fuller, 5220 Main Street
N.E.
Councilmember Bolkcom said she did not understand the decrease in parking from 73 to 42
parking stalls and was concerned about the three trailers that will be beyond the height limit.
Scott Hickok, Community Development Director, said with special use permits like this one,
staff analyzes each site carefully based on building and code requirements. Staff has observed
petitioner does not have problems with parking on the street or with excess parking. Even in the
situation of overlap between shifts, they have enough parking. Staff is obligated to review this
special use permit annually, so if employees should start parking on the street, things can be
reviewed and changed.
Mr. Hickok said the trailers on the lot will not be above height all the time, but the staged
trailers may be above the height. Some storage trailers will be staged on site and kept in a
holding area but would not stay there. Staff would not allow these trailers to be used for storage.
Depending on the process, some trailers will sit there longer than others, but will not be
considered part of the warehouse/storage space.
Councilmember Bolkcom asked how the trailers were different than racks that would be above
the desired height.
Mr. Hickok said that the racks are not moving through the site and are holding material.
Staging trailers is different because some days there will be no staged trailers on site.
Councilmember Bolkcom suggested having a stipulation regarding the trailers.
Mr. Hickok said that something could be written about the trailers.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 6
George Brown, 5220 Main Street, said the trailers hold empty drums, and each trailer would
hold about one day's worth of drums. The height is determined on what trailers are on the road.
He does not anticipate the trailers to be there very long.
Councilmember Varichak asked about the verbal agreement the petitioner had with the
neighboring property owners to store trailers and asked if a written agreement should be
considered.
Mr. Hickok thought that would be a good idea. He will suggest that idea to the property owner
and could make it a stipulation. Staff has checked this out with the neighboring property owner
and there is no issue about it.
Mr. Brown said that it would not be a problem to get a written agreement from Mr. Timberland.
Mr. Hickok said he would add the following stipulations:
• No truck trailers shall be stored in either storage area. Those trailers not being cycled
through the site as part of the normal industrial process shall be removed from the
subject property.
• A written agreement between property owners shall be created and filed with Anoka
County regarding the storage area encroachment on the northern edge of the property.
Councilmember Bolkcom asked if Mr. Brown was okay with those stipulations.
Mr. Brown said they sounded fine.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-58 and to approve Special
Use Permit Request, SP #09-13, by H.B. Fuller Company with the following stipulations:
1. The petitioner shall submit a landscape plan to be approved by staff within 30 days of
issuance of this special use permit, showing areas for installation of ivy or sufficient
shrubbery to further screen the outdoor storage area from the rail right-of-way.
2. The petitioner shall stripe all parking stalls to meet City code requirements.
3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan
approved by City staff to re-work the interior space of the existing building or find other
parking options.
4. The location and type of materials, specifically for outdoor storage, shall be reviewed by
the Fire Marshal.
Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 7
MOTION by Councilmember Bolkcom to add two stipulations:
5. No truck trailers shall be stored in either storage area. Those trailers not being cycled
through the site as part of the normal industrial process shall be removed from the subject
property.
6. A written agreement between property owners shall be created and filed with Anoka
County regarding the storage area encroachment on the northern edge of the property.
Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
4. Special Use Permit Request, SP #09-14, by Sign Wise Group on Behalf of Mohamad
Zaro, the Property Owner, to Allow an Electronic Gas Pricing Sign, Generally Located
at 7899 East River Road N.E. (Ward 3);
and
Resolution Approving Special Use Permit, SP #09-14, for Sign Wise Group on Behalf of
Mohamed Zaro, the Property Owner 7899 East River Road N.E.
Councilmember Bolkcom said she was concerned about painting the existing sign pole in a
timely manner and thought a time line should be placed in the stipulations.
Scott Hickok, Community Development Director, agreed and asked if it would be acceptable if
it were repainted by June 1, 2010.
Chuck Schwalby, 5445 Teakwood Lane N, said he had no problem with placing a date on
painting the pole.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-59 and approve Special
Use Permit Request, SP #09-14, by Sign Wise Group on Behalf of Mohamad Zaro, with the
following five stipulations:
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 8
4. The existing manual gas pricing sign on the pole below the 80 square foot existing
cabinet shall be removed upon installation of the electronic gas pricing sign.
5. The existing sign pole shall be repainted.
Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
MOTION by Councilmember Bolkcom to amend Stipulation #5 to read "The existing sign pole
shall be repainted by June 1, 2010." Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
6. Approve 2010 Sixty-Day Agency Action Application Deadlines for the Planning
Commission and the Appeals Commission Meetings.
Councilmember Bolkcom asked why sometimes there is a gap between when the Planning
Commission meets and Council meets.
Scott Hickok, Community Development Director, said there is a deadline for the packet
assembly by noon on Thursday and sometimes there is not enough time to assemble the
paperwork in time for the meeting.
MOTION by Councilmember Bolkcom to approve the 2010 Sixty-Day Agency Action
Application Deadlines for the Planning Commission and the Appeals Commission Meetings.
Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
PUBLIC HEARINGS:
10. Consideration of the Assessment for the 2009 Nuisance Abatements.
MOTION by Councilmember Varichak to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:25 P.M.
Richard Pribyl, Finance Director, said this is the public hearing for the assessment for the 2009
Nuisance Abatements. The public hearing notice was published in the Focus newspaper on
October 8, 2009, as required by State Statute.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 9
Mr. Pribyl said written or oral objections will be considered at this meeting. No appeal may be
taken as to the amount of an assessment unless a signed, written objection is filed with the clerk
prior to the hearing or is presented to the presiding officer at the hearing. The Council may, upon
such notice, consider any objection to the amount of a proposed individual assessment at an
adj ourned meeting, upon such further notice to the affected property owners, as it deems
advisable.
Mr. Pribyl said an owner may appeal an assessment to District Court pursuant to Minnesota
Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City
within 30 days after the adoption of the assessment and filing such notice with the District Court
within ten days after service upon the Mayor or Clerk.
Mr. Pribyl said the City of Fridley has adopted Resolution No. 14-1995 deferring special
assessment payments for senior citizens. The City Council may defer the payment of special
assessments for any homestead property owned by a person 65 years of age or older for whom it
would be a hardship to make the payments.
Councilmember Bolkcom asked for clarification on the dates before the amount would be on
the taxes.
Mr. Pribyl said residents would have to pay by November 25 to avoid it going on their 2010
taxes.
Councilmember Bolkcom asked if anything was sent to residents.
Mr. Pribyl said yes, a letter would be mailed confirming the assessment along with the terms of
the assessment.
MOTION by Councilmember Bolkcom to move into record a letter from Diane Krueger dated
October 22, 2009, regarding the proposed assessment for her brother Richard Krueger.
Seconded by Councilmember Barnette.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
Diane Krueger, 173 Pilot Avenue NE, said that her brother, Rick, and she bought the house
from their mother's estate. Her brother paid the mortgage and had not heard about the nuisance
abatement until a letter was received.
Mayor Lund extended his sincere sympathy on the death of her brother. He asked to confirm
that she received the abatement letter and did not know anything about the nuisance.
Ms. Krueger said that was correct and the letter was late because the zip code was wrong.
Councilmember Bolkcom asked what the abatement was for.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 10
Scott Hickok, Community Development Director, said it was for improper outdoor storage of
items like a mattress, lawnmower, propane tank, etc.
Councilmember Bolkcom asked when the letters were sent out.
Mr. Hickok said the letters were sent on June 24, July 8, and July 21. The letter on July 21 was
sent to the correct zip code and gave the homeowner three options to get rid of the outdoor
storage items. The letter stated that the items would need to be taken care of by August 10 or the
City would take action. There is a history with the property dating back to June, 1999, with
outdoor storage. Abatement occurred on the property on December 3, 2008.
Ms. Krueger said she and her brother moved the trailers, buckets, propane tanks, etc., and the
City did not do anything for the charges.
Mr. Hickok said that Mobilized Advanced Restoration was sent to do the work and the property
owners pleaded they could get the work done. The restoration company had another abatement
that day and left the site. By the time the restoration company came back the site was cleaned
up. There is a minimum charge of $105 plus staff time. Advance Restoration did not have to
clean up but did have a minimum charge.
Councilmember Bolkcom said someone has to pay for the cost because the City had to contract
someone to clean up the property.
Ms. Krueger said she made a few calls but could not get it all cleaned up in the time that was
allowed.
Councilmember Bolkcom said usually staff is pretty flexible and would ask the homeowner
when the work could be done and work with the homeowner.
Ms. Krueger said she could not remove the items by September and then her brother got ill.
Part of it was physically moving things and most items were moved or disposed of.
Mayor Lund said if people would respond to the letters and say they have a hardship, as long as
there is cooperation from the homeowners, staff is willing to work with them. Staff is willing to
work with residents on a timeline but since the homeowner did not clean it up there are minimum
costs to the home owner. If Council waives the $225 charges it would be a problem with the
taxpayers in this room because they would be paying the bill. He said he was sorry to hear about
her brother, but Council had to take a stand on the minimum charges.
Councilmember Bolkcom said the fees can be paid within a month or they can be applied to her
taxes at a 6.5% interest rate which may be more manageable.
Ms. Krueger said either way, the money is not easy to come by.
Mayor Lund said asked if Ms. Krueger was the legal owner and was on the title of the property.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 11
Ms. Krueger replied yes.
Mayor Lund said it is now her obligation to take care of this. Staff would have given an
extension to take care of things if the hardship would have been communicated. Staff did give
her six months to remove the items.
Councilmember Bolkcom said City staff has resources for people who are ill or physically
handicapped and opportunities to work with programs if help is needed in situations like this.
Bruce Setterholm, 4538 NE 2'/z Street NE, said he has lived here since September of 1978 and
has been assessed on an abatement and the charges are excessive. He removed what he thought
were the loose things and had talked to someone to remove the pop machine. He had not
intended on storing the pop machine there and was trying to give it away but no one would take
it. He agreed that he waited too long; but he found out it would be quite a project to bring the
pop machine to the junk yard. There were also logs in his front yard. Because of the cut in the
yard, he did not want someone to step over the edge so he had logs in line to create a barrier to
prevent an accident. There was a ladder on the roof of the storage shed in the back yard but that
was out behind the garage and was closed in by small trees and bushes. He did not think that
was a nuisance because it was not continually left there but left outside.
Mayor Lund said that the assessment was for just over $1,500, and asked if he thought it was
excessive.
Mr. Setterholm said yes because he got rid of a lot of the items himself.
Mayor Lund said staff made several attempts by letter to contact Mr. Setterholm regarding the
items that had to be removed.
Mr. Setterholm said he did receive the letters.
Mayor Lund asked if he communicated to staff that he needed additional time to remove the
items.
Mr. Setterholm said no, he thought it was just the pop machine that had to be removed and
thought it would be gone in time.
Scott Hickok, Community Development Director, said records date back to 1999 with outdoor
storage problems and a retaining wall to be fixed. Through the years there have been consistent
issues with boxes outside, garbage cans full of debris, etc. This property has had a number of
abatements and a number of complaints. Staff is hoping this will be the last abatement on this
property.
Mayor Lund asked if an abatement was done last year.
Mr. Hickok said yes. This is a little frequent as many homeowners in this community have
never had an abatement. This property owner knows the process and has had opportunities to
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 12
make things right. Things are clearly spelled out in the letter, so even though Mr. Setterholm
testified he thought it was okay, a letter was sent stating it was not okay.
Mayor Lund said he could not justify for the taxpayers to pay for this assessment because it is
the homeowner's responsibility to clean up their property.
Mr. Setterholm said he received a bill from Advanced Companies and paid the bill.
Mr. Hickok said the abatement was for staff time and Advanced Companies. There is a bill
from July 7, 2008, for $232.50 that is not paid and Advanced Companies' bill for $660 from
September 9, 2009, plus staff time in the amount of $318.75.
Mayor Lund said the total abatement is for $1,514 and it looks like this might be reduced
because a partial payment has been made.
Councilmember Bolkcom asked if Mr. Setterholm should contact someone to see what is left to
pay so he knows how much is owed.
Mr. Pribyl said a final assessment will be sent out so people know what needs to be paid in the
30 days. It appears he has made some payments so it will more than likely be reduced.
Councilmember Saefke asked why Mr. Setterholm received a copy of the bill from Advanced
Companies.
Mr. Hickok said a copy of the bill is sent to the homeowner just in case they have any questions
or concerns on the bill. They get a copy of the invoice along with the bill for staff's time and
they are asked to pay the City of Fridley.
Mayor Lund said there is a Recycling Coordinator at the City he can talk to and she may know
of some contractors that may be able to take appliances. Homeowners are encouraged to work
with City staff.
Sarah Shackleton, 6489 Taylor Street, wanted to see if a price for an abatement could be
negotiated. She said her brother mows her yard and a letter came in July saying she needed to
mow the north side of the house. What her brother understood was to get rid of the tall grass on
the retaining wall but the City was talking about the strip of property down by the street. The
mowing probably took five minutes and she received a bill for $175.
Mayor Lund said staff did go through the normal abatement procedure so the homeowner
should not have been surprised about the assessment.
Ms. Shackleton said she misunderstood what needed to be done.
Mr. Hickok said the mowing charge was for $63.75 and staff time was $75.
Ms. Shackleton said she could have mowed the area herself but did not understand what needed
to be done.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 13
Mr. Hickok said the letter went out on July 18 and the property was abated on August 6.
Councilmember Bolkcom asked if the area that was mowed was her property.
Mr. Hickok said it is the homeowner's responsibility to take care of the right of way.
Councilmember Bolkcom asked if a survey reflects it is a right-of-way on the homeowner's
property, if MnDot would mow part of the area.
Mr. Hickok said the homeowner is required to maintain all right-of-ways adjacent to their
property. The right-of-way will not be on the survey and needs to be maintained by the
homeowner.
Ms. Shackleton said she understands she needs to mow in front of a sidewalk but this area sits
beside her house and down five feet from her yard.
Mayor Lund said everyone who passes by the area can see it.
William Burns, City Manager, asked how the bill went from $138 to $173.63.
Mr. Hickok said that the $173.63 is the most recent amount and would probably reflect interest
and other charges.
Mr. Pribyl agreed there were probably 25% charges added for interest.
Mr. Hickok said the homeowner has 30 days to pay and if the bill is paid on time, it would save
on some of the administrative costs.
Mr. Pribyl said any payments that have been made on assessments and any prepayments would
be reflected in the final assessments when they are mailed out.
Mr. Hickok said abatements on this property date back to 1999 with a trailer in the front yard, a
dead tree, housing maintenance and outside storage issues.
Mayor Lund said he was just checking to see if this was the first offense.
Ms. Shackleton understood that it was her mistake and was just asking to reduce the bill; maybe
split half the cost of the $75 but there were issues before. The issues before were taken care of
and she always had communication.
Councilmember Bolkcom said she felt Ms. Shackleton understood what she had to do but there
was a miscommunication. This is a learning experience and maybe a letter should go out
explaining what she is responsible for.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 14
Mr. Hickok said the letter indicated she was responsible to mow the high grass on the boulevard
and that it should be maintained, groomed and cared for by the property owner. The instructions
were clear in the letter.
Mayor Lund thought Council should move ahead for abatement of the property because proper
communication was sent out. The amount may be different if it is paid on time.
Dr. Burns said the total is $138.90 if it is paid before the 30 days are up.
Thomas Larson, 6556 Stinson Boulevard NE, asked who does the plowing on that street and
sidewalk If the City does plowing why does she have to mow the grass?
Mayor Lund said it is already in the City Code to maintain right of way.
Mr. Larson asked if the letters were sent out normal mail and if the City received proof the
homeowner received the letter.
Mr. Hickok said letters are sent out normal mail and that is why the opportunity is here to
protest the assessments.
Councilmember Bolkcom said most people who receive nuisance abatements have received
their bills.
Diane Krueger, 173 Pilot Avenue, asked how come it cost $63 to mow that strip of property.
Mayor Lund said the charges cannot be disputed. A contractor had to be hired to go and mow
the area. It is the homeowner's responsibility to maintain their property to the curb.
Councilmember Bolkcom asked about charges related to mortgage companies and foreclosed
homes and if the City gets that money back.
Mr. Pribyl said those charges are on record and the money is usually recovered, as it is attached
to the property. Generally the charges are received on the closing statement.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT
9:27 P.M.
11. Consideration of the Assessment for the 2009 Street Improvement Project No. ST.
2009-1.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 15
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
9:28 P.M.
Richard Pribyl, Finance Director, said the public hearing was published in the Focus newspaper
on October 8, 2009, as required by State statute. The proposed assessment rolls are on file for
public inspection at the Finance Office. Notices are being mailed to all property owners. Written
or oral objections will be considered at the meeting. No appeal may be taken as to the amount of
an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is
presented to the presiding officer at the hearing. Council may consider any obj ection to the
amount of a proposed individual assessment at an adj ourned meeting, upon such further notice to
the affected property owners, as it deems advisable. An owner may appeal an assessment to
District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal
upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and
filing such notice with the District Court within ten days after service upon the Mayor or Clerk.
Mr. Pribyl said the City of Fridley has adopted Resolution No. 14-1995 deferring special
assessment payments for senior citizens. The City Council may defer the payment of special
assessments for any homestead property owned by a person 65 years of age or older for whom it
would be a hardship to make the payments.
Marvin Weiss, 6111 Rainbow Drive NE, said he was quoted $950 and now it is $1,023. He
asked why there was a jump in price.
Mayor Lund said at the meetings prior to when the work started, staff were given an estimate of
the best guess of the price of oil and asphalt and those are not final prices for doing the project.
Sometimes there are decreases but usually, there are increases.
James Kosluchar, Public Works Director, said an estimate was done on the assessment for $950
but there were issues of the pavement thickness in that area and some of the thicknesses did not
coincide with the documentation on file. The price per ton was fairly close to where the bid
should have been and the project actually ended up 20% over for asphalt. The assessment had a
potential of being $850 but more asphalt was needed.
Mr. Weiss asked how thick the street was.
Mr. Kosluchar said staff estimated 1'/z inches; but some streets were 2 to 2'/z inches, and others
had bare patches when milled.
Mr. Weiss asked if his street had not needed extra asphalt if the cost was averaged out to
everyone.
Mr. Kosluchar answered yes.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 16
Mayor Lund said it is not possible to ascertain for each individual because it gets too
complicated. The difference is $73 and everyone uses the street.
Mr. Weiss said if he bid on a job and did not bid it out correctly, he would consider it his
mistake.
Councilmember Bolkcom said there is a meeting about the street improvement and the contract
is awarded after that meeting. After that staff gets bids and awards a contract. After the contract
is done there is a public hearing and assessments are ordered. There is usually a discrepancy as
the final cost is not known until the proj ect is complete.
Mayor Lund said it sounds like Mr. Weiss is not happy with the finished product. He asked if
this is the first staff had heard of this.
Mr. Kosluchar said there were some issues with the underlying storm sewer. Other than that,
he was unaware of other issues with the final product.
Mr. Weiss said the entire street is not smooth.
Mayor Lund asked Mr. Kosluchar to take a look at the street and make sure it is up to City
standards.
Councilmember Saefke said there is usually a one-year warranty on the work so if anything
happens or other issues come up the streets are guaranteed for a year.
Councilmember Bolkcom added Council does want to hear from residents if there are issues.
MOTION by Councilmember Bolkcom to move into record a letter from received from Richard
Weiss dated October 26, 2009. Seconded by Councilmember Barnette.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
Mr. Weiss commented on the issue with H.B. Fuller and the need for storage. It is not easy to
do business in Fridley because they put too many restrictions on businesses. H. B. Fuller has
been in business in Fridley for many years.
Councilmember Bolkcom said there are restrictions because it is part of the commercial
property storage statutes. Sometimes when companies let things set outside, after a while they
become an issue.
Mayor Lund said that Mr. Brown was not upset nor did he disagree with this issue. Council is
happy to have H.B. Fuller and other businesses in our community and they are a viable part of
Fridley.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 17
William Burns, City Manager, said that once every five years businesses are looked at and it is
unfair for some companies to correct the problems and others are not enforced to correct
problems. We are trying to be consistent and treat all businesses fairly.
Mr. Hickok said in 2003, staff was doing some systematic enforcements and 40% of the
industries in Fridley were not in compliance. The law does not allow for outdoor storage without
a special use permit. Staff was instructed to create an ordinance to allow outdoor storage which
is rare this close to the center city. This adds value to the industry because companies did not
have to build a building for outdoor storage. This is a benefit to companies and this process
makes it right. Storage is allowed outside as long as it is screened property.
Mayor Lund said businesses are located in Fridley because of the more lenient outdoor storage
rules. Many businesses moved here because they ran into major problems in other communities.
Ryan Pobuda, 144 Satellite Lane NE, said he is happy with his assessment because it could
have been $1,200. He was happy to see the charge of $1,023. He was thankful and appreciative.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT
9:50 P.M.
NEW BUSINESS:
12. Resolution Adopting Assessment Roll for 2009 Nuisance Abatement.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-60. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
13. Resolution Adopting Assessment Roll for the 2009 Street Improvement Project No.
ST. 2009-1.
MOTION by Councilmember Saefke to adopt Resolution No. 2009-61. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Resolution Certifying Certain Delinquent Utility Services to the County for Collection
with the 2010 Property Taxes.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 18
Richard Pribyl, Finance Director, said all property owners have been notified that the utility
bills are being certified to the County and have been given adequate opportunity to pay their bill.
The penalty shown on this resolution is in addition to the regular penalties that accrue on the
utility bills. The number and dollar value of accounts varies each year. We cannot be sure of the
final count or dollar value until mid-November since property owners have until that time to pay
without penalty.
Councilmember Bolkcom asked about the discrepancy between the total active accounts and
final billed accounts.
Mr. Pribyl said the amounts were certified to the property because the people have moved out.
Councilmember Bolkcom asked if there would be an opportunity to receive payments on
foreclosed homes.
Mr. Pribyl said those amounts would be certified. Historically, the City does end up collecting
on those amounts. There will be a lien on the property and usually only a small percent is
written off.
Councilmember Saefke said some of the amounts are high, and asked if this was an annual
payment
Mr. Pribyl said yes. It is basically a 12- month period.
Councilmember Saefke asked if the high amounts were for commercial property or apartment
buildings.
Mr. Pribyl said it is more than likely more than one dwelling.
MOTION by Councilmember Barnette to adopt Resolution No. 2009-62. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Approve Change Order No. 1 for Watermain Rehabilitation Project No. 386.
Jim Kosluchar, Public Works Director, said this change order includes the work that was
performed outside of contract or additional deductions. All the proj ect funds come from the
water fund. The main portion of the increase is related to new services for all properties. It is
customary to install these, but it was held off as part of the original bid. These changes were
made intentionally. There was an installation of greater depth to avoid other utilities. Anytime
elevation is moved down, there is a larger impact on the surface. The last change was due to
unsuitable material that had to be removed. Staff did not expect to have that quantity; some
change was expected but not this much. The change is 18.7% of the original contract. About
10% is from intentional changes for added work.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 19
Councilmember Saefke asked what the proj ect budget was.
Mr. Kosluchar said $300,000.
Councilmember Saefke asked how old the services were that were there replaced.
Mr. Kosluchar said he did not have specific dates but estimated in the late 60's to early 70's.
Councilmember Bolkcom asked why everything was not in the bid. This is 18.7% of the entire
project and is a lot. She asked if these costs could have been foreseen.
Mr. Kosluchar said staff could have taken less than half of the change order if they were more
confident in the pricing. There was one item, the saw cut for $2,200, which was missed in the
original bid. The soils are difficult to predict and more investigation could have taken place, but
it is difficult to determine how much is too much. Staff learned some things during this proj ect.
Councilmember Bolkcom said we need to be careful and try to cut costs whenever possible.
These items should have been bid in the project from the beginning. She asked about Anderson
Car Wash and if staff should have known about that problem.
Mr. Kosluchar said there was no record of that service configuration and he has never seen this
before. It is very uncommon when service is wrapped around the main like that.
Mayor Lund said the contractor did a terrible j ob with traffic control during this proj ect. He
thinks they should be reprimanded.
Mr. Kosluchar said the items that are related to traffic control were intended to and did mitigate
traffic control issues somewhat.
MOTION by Councilmember Saefke to approve Change Order No. 1 for Watermain
Rehabilitation ProjectNo. 386. Seconded by Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
16. Approve Memorandum of Understanding for the Reconstruction of the 45t'' Avenue
Storm Sewer Outfall, City of Fridley Project No. 390;
and
Authorize Call for Bids and Funding for 45t'' Avenue Storm Sewer outfall, City of
Fridley Project No. 390.
Jim Kosluchar, Public Works Director, said in September, we were advised by Anoka County
Parks staff of a storm sewer failure in Riverfront Park along the Mississippi River at a location
just north of the Minneapolis Water Treatment Plant. A large trunk storm sewer that serves both
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 20
Fridley and Columbia Heights had collapsed near the river, and sloughing of the bank had
occurred. Approximately 60 feet of the 96" corrugated metal storm sewer pipe had failed and had
been crushed under the roughly 30-foot high bluff. A remaining 60-foot section of corrugated
metal pipe just upstream was inspected and found deteriorated beyond a point of repair. Just
upstream of the latter segment, the pipe changes to 84" reinforced concrete pipe.
Mr. Kosluchar said the pipe was constructed in 1965 in the approximate location of the
extension of 45th Avenue. Staff found that there were several construction and maintenance
agreements with the City of Columbia Heights for this storm sewer system, dating from 1965
and later. We contacted the City of Columbia Heights, and their Public Works staff has been
very receptive to sharing in both the work necessary and the financial commitment to complete
the required repairs. Since that time, we have been working with the City of Columbia Heights
and other agencies to obtain permits, design, and obtain contractor pricing for necessary repairs.
A restoration plan has been prepared under the direction of both Fridley and Columbia Heights
Engineering personnel. Both cities have had staff involvement to minimize costs with survey
work, permit applications, and intend to continue with construction staking and proj ect
inspection.
Mr. Kosluchar said the staff from both Cities believe it appropriate and recommend updating
the cost allocation agreement based on current contributing flows due to land use in the drainage
area. In the interim, we are recommending to our respective City Councils tentative
apportionment of costs between the two Cities for this emergency repair project per the most
recent agreement. We have prepared a Memorandum of Understanding between the City of
Fridley and the City of Columbia Heights to formalize this recommendation.
Mr. Kosluchar said because the work is located in Fridley, City of Fridley staff is the lead
agency and is administering design, permitting and construction of the repairs. Due to the
immediacy of the repairs and the limited construction season remaining, we requested quotes
from seven different contractors. Unfortunately, the quotes are much higher than the engineer's
estimate, and above the threshold requiring competitive bidding.
Mr. Kosluchar said staff requests that the City Council move to approve the attached
Memorandum of Understanding with the City of Columbia Heights for the reconstruction of the
45th Avenue storm sewer outfall. In addition, staff requests that the City Council move to
authorize a call for bids for City of Fridley Project No. 390 — 45th Avenue Storm Sewer Outfall
Repair to be funded from the Storm Water Utility Fund. We anticipate having a
recommendation for Council on the agenda for November 16.
Councilmember Saefke said it is very unsafe to walk in the area and asked who is responsible
for putting up a safety fence.
Mr. Kosluchar said the County put up security fencing.
Councilmember Bolkcom asked why they do not spell out what everyone owes.
Mr. Kosluchar said there are three agreements and this is the most recent. The Memorandum of
Understanding is saying that Columbia Heights will reimburse Fridley.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 21
Fritz Knaak, City Attorney, said if the parties agree to Exhibit A and there are significant
changes thereafter, it would require approval by the parties. If there are changes that may require
a change in cost share it does not impose on anyone.
Councilmember Bolkcom asked why there was not a new Memorandum of Understanding
stating what each person is responsible for.
Mr. Kosluchar said he did not have all the information yet and staff was trying to get this
proj ect on a fast track.
Mayor Lund said he did not see it as a problem. He asked if there was a timeline in place for
inspection before this had happened.
Mr. Kosluchar said the inspections are on a five-year rotation. This is a difficult location to get
to and we were down there in 2007.
MOTION by Councilmember Varichak to approve the Memorandum of Understanding for the
Reconstruction of the 45th Avenue Storm Sewer Outfall, City of Fridley Project No. 390.
Seconded by Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
Councilmember Bolkcom asked if final numbers would be able to be reviewed before the
contract is awarded.
Mr. Kosluchar answered staff's goal is to provide this.
MOTION by Councilmember Varichak to authorize Call for Bids and Funding for 45th Avenue
Storm Sewer Outfall, City of Fridley Project No. 390. Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
17. Informal Status Reports
Councilmember Bolkcom said Saturday's Recycling Event was a success and about 40 people
worked at the event.
Mayor Lund said the Special Election is on December 8 and encouraged residents to go out and
vote on the question.
Councilmember Saefke said in reading the paper it looked like people had to register special for
this election. He clarified that you do not have to do a special registration and can register the
day of the election.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 22
Mayor Lund said that all 13 polling locations will be open so go to whichever poll you voted at
before.
Councilmember Barnette said that the NorthStar Commuter Rail will have their grand opening
ceremony on November 14 starting at 8:30 a.m. The trains will start to run on November 16.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:50 P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
PLANNING COMMISSION MEETING
October 21, 2009
Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Approval of Minutes:
Leroy Oquist, David Kondrick, Dean Saba, and Jack Velin
Marcy Sibel, Brad Sielaff, and Brad Dunham
Stacy Stromberg, Planning
Greg Dahlke, E& J Development
October 7, 2009
MOTION by Commissioner Saba to approve the minutes as presented. Seconded by
Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideration of a Preliminary Plat, PS #09-04, by Greg Dahlke, E& J
Development, to subdivide one lot to create two lots, generally located at 8170
Hickory Street NE.
MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner
Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 7:04 P.M.
Stacy Stromberg, Planner, stated the petitioner, Greg Dahlke, is seeking to plat that property
located at 8170 Hickory Street, to allow for the creation of two Heavy Industrial lots. The
subject property is zoned M-3, Outdoor Intensive Heavy Industrial, as are the properties to the
north, east and south. The property to the west is the railroad property, across the railroad tracks,
the properties are zoned, M-1, Light Industrial and M-4, Manufacturing Only. The subject
property is located on Hickory Street, off of 81st Avenue and west of University Avenue. The
property was developed in 2003, with the construction of a 23,488 square foot office and
warehouse building. The M-3, Heavy Industrial zoning district, allows outdoor storage by right,
so the existing business has outdoor storage of trailers on the site.
Ms. Stromberg stated when the site was developed in 2003, a special use permit was also
approved by the City Council to allow a rock crushing operation on the northern portion of the
1
lot. That rock crushing operation only temporary survived on the site and as a result that special
use permit has become void. A special use permit was issued in 2008 to allow the construction
of a telecommunications tower on the subject property. However, to date, that tower has not
been constructed.
Ms. Stromberg stated Fridley requires that lots in the M-3, Heavy Industrial Outdoor Intensive
zoning district be a minimum of 150 feet in width with a minimum total lot area of 1'/z acres.
After the plat, proposed Lot #1 will be 541 feet in width and 303,802 square feet (6.97 acres) in
area. Proposed Lot #2 will be 303 feet in width and 213,426 square feet (4.90 acres) in size after
the replat.
Ms. Stromberg stated the existing driveway on Lot 2 will need to be moved to ensure that it is 5
feet from the newly established property line. However, she believed that has already been done
by the petitioner. All other code requirements including, but not limited to, setbacks, lot
coverage, landscaping, storm water treatment, etc. will need to be met when Lot 2 is developed.
Ms. Stromberg stated City staff has not heard from any neighboring property owners.
Ms. Stromberg stated City Staff recommends approval of this preliminary plat request with
stipulations as the proposed lots exceed the size standards required by the City of Fridley Zoning
Code, and the proposed plat will create a new Heavy Industrial lot for new industrial
development.
Ms. Stromberg stated City Staff recommends that the following stipulations be placed upon
approval of this request:
1. The petitioner shall move any part of the existing driveway on Lot 2, to ensure
that it is 5 feet from the newly created property line within 60 days of preliminary
plat approval.
2. Surface, curb and gutter will need to be replaced on Lot 2 upon issuance of a
building permit.
3. The petitioner shall pay $12,536.00 park dedication fee upon issuance of a
building permit for Lot 2.
4. The property owner of record at time of building permit application to pay all
water and sewer connection fees prior to issuance of a building permit.
5. The petitioner shall properly maintain Lot #2 until sale occurs.
6. The petitioner shall provide easements as shown on preliminary plat drawing.
7. An easement for the pond that crosses lot lines shall be established and filed and a
storm pond maintenance agreement shall be filed with the City.
8. There shall be no outdoor storage on Lot 2 until it is developed with a principal
structure.
Chairperson Kondrick asked the petitioner whether he had any problems with the stipulations?
Greg Dahlke, Dahlke Trailer, replied, no. He has worked through the park donation with
Ms. Stromberg. They have done a couple of stipulations already, and the rest he believed are
standard procedure.
2
Commissioner Oquist referred to the aerial map showing Lots 1 and 2 and asked Mr. Dahlke
whether he has trailer storage on Lot 2 currently?
Mr. Dahlke replied the trailers are all of£ He did not know when the aerial photo was taken.
Ms. Stromberg replied, it was taken in 2008.
Mr. Dahlke stated at one time with Mr. Hickok's approval, they had put some trailers on that
lot, but that was probably back two years ago already.
Commissioner Oquist asked about the tower that has not been constructed and whether they
were going to put something up?
Mr. Dahlke replied they have not heard anything. However, it is on Lot 1.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner
Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 7:11 P.M.
Chairperson Kondrick stated he has been by the property 100 times, and he has no problem
with this.
Commissioner Saba stated it is pretty straightforward.
MOTION by Commissioner Velin approving Preliminary Plat, PS #09-04, by Greg Dahlke, E&
J Development, to subdivide one lot to create two lots, generally located at 8170 Hickory Street
NE, with the following stipulations:
1. The petitioner shall move any part of the existing driveway on Lot 2, to ensure
that it is 5 feet from the newly created property line within 60 days of preliminary
plat approval.
2. Surface, curb and gutter will need to be replaced on Lot 2 upon issuance of a
building permit.
3. The petitioner shall pay $12,536.00 park dedication fee upon issuance of a
building permit for Lot 2.
4. The property owner of record at time of building permit application to pay all
water and sewer connection fees prior to issuance of a building permit.
5. The petitioner shall properly maintain Lot #2 until sale occurs.
6. The petitioner shall provide easements as shown on preliminary plat drawing.
7. An easement for the pond that crosses lot lines shall be established and filed and a
storm pond maintenance agreement shall be filed with the City.
8. There shall be no outdoor storage on Lot 2 until it is developed with a principal
structure.
3
Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. Receive the Minutes of the December 9, 2009, Environmental Quality and Energy
Commission Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
3. Receive the Minutes of the August 3, 2009, Parks & Recreation Commission
Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
ADJOURN
MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING
ADJOURNED AT 7:13 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
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FRIDLEY
To:
From:
Subj ect:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
November 9, 2009
William B. Burns, City Manager
Richard Pribyl, Finance Director
Debra A. Skogen, City Clerk
Resolutions Appointing Election Judges for the Special Municipal Election
November 4, 2009
MN Election Law, Section 204B.21, requires the City to appoint election judges at least 25 days
before the election at which they serve. The attached resolution appoints 109 trained, 2008 election
judges that responded to our request for help. We received an overwhelming response to our
request. While we may be appointing approximately 109 individuals who have stated they would
like to work, we will only be assigning appro�mately 80 individuals for the December 8, 2009,
Special Election to work as judges, placing the other 29 on a list of alternates that can be used for
back-up if someone cannot work The election judges are being appointed without precinct
assignments at this time to allow the city more fle�bility in determining precinct assignments.
The election judges being appointed for the Special Election have been selected from previous work
as election judges, lists which have been provided by the political parties and those individuals who
have applied to be an election judge.
RESOLUTION NO. - 2009
RESOLUTION APPOINTING ELECTION JUDGES FOR TI�
2009 SPECIAL MUNICIPAL ELECTTON
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County,
Minnesota, at a regular meeting on November 9, 2009:
SECTION 1
SECTION 2.
That on the 8th day of December 2009 there shall be a Special Municipal Election;
That the polling place will be open from 7:00 a.m. to 8:00 p.m. for the purpose of voting;
SECTION 3: That the following people are hereby appointed to act as Judges for said election except that
the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of
the City Charter:
Mary Ackerman
Eleanor Anderson
Linda Backlund
Stanley Berquist
Rita Binkowski
Margaret Blasingame
Carole Blaska
Betty Bonine
Wilbert Bonine
Linda Borman
Bernadette Bovy
Barbara Brooks
Carol Bunnell
Casimir Burzynski
Kathleen Burzynski
Robert Bussey
JoAnn Cedarholm
Molly Christian
Mary Colstrom
Jean Coyle
Maxine Dammen
Dennis Dewing
Janice Dols
Patricia Dufresne
Marlene Eidem
Lyle Elverud
Arlene Ewer
Donald Findell
Patty Galligan
Delores Ginthner
James Glaser
Lana Joy Glaser
Janice Golden
Lynne Grigor
Myron Hawryluk
Oksana Hawryluk
7ohn Hildreth
William Holm
Carolyn Holmen
James Holmen
Jane Hosman
Robert Hosman
Teresa Hub
Sharon James
Bonita 7ohnson
David Johnson
Karen Johnson
Rosemary Johnson
Susan L. Johnson
Travis Johnson
Carol Kalan
Irma Kelly
Colleen Joy Kennedy
Esther Kisch
Janet Kothman
Marlys Kranz
Ted Kranz
Olga Krochalk
Joan Kuehni
Melvin Kuehni
Dorothy Larson
Jack Larson
Jewel Ann Larson
Judy Lennox
Gary Leske
Karen Leske
Arlene Linton
Natalie Lohmer
Randy Loehmer
Marilyn Manley
Giles McConville
Christopher Menon
Connie Metcalf
Bruce Miller
Kristine Moren
Myrtle Morphew
Gwen Nawrocki
Jeanine Nelson
Richard Nelson
Sandra Nelson
Donna Nordin
Mardy Olesen
Shirley O'Neill
Marge Otten
Lois Palmquist
Dorothy Pehl
Leslie Plummer
Tanya Plummer Provost
John Renken
Faye Rice
Norma Rust
Noel Ryan
Beverly Sax
Carol Schaaf
Marlene Schonebaum
Tom Schonebaum
Dorothy Sielaff
Paul Sleasar
Mary Ann Smerud
Resolution No.
Jon Soule
Marlene Steichen
Kathy Svanda
7anet Swanson
Brian Toews
Joanne Toews
Barbara Tollakson
Marjorie Velishek
7ackie Walther
7ohn Walther
Page 2
7oe Westenfield
Ann Williams
Jennifer Zakes
Maureen Zgutowicz
SECTION 4. Compensation for said Judges will be paid at the rate of $8.75 per hour for regular
Judges and $925 forthe Chairperson ofthe Election Board.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS 9� DAY
OF NOVEMBER 2009.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
� AGENDA ITEM
� COUNCIL MEETING OF NOVEMBER 9, 2009
� �F CLAI MS
FRIDLEY
CLAIMS
143836 - 144001
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 9, 2009
��F LICENSES
FRIDLEY
TYPE (�F LICENSE: APPLICANT: ' ' APPROVED BY:
CHRISTMAS TREE SALES Bachman's Inc Communit Develo ment
Fire Inspector
Public Safety
CHRISTMAS TREE SALES Menards Inc Community Development
Fire Inspector
Public Safety
CHRISTMAS TREE SALES Bob's Community Development
Fire Inspector
Public Safety
CHRISTMAS TREE SALES Home Depot Community Development
Fire Inspector
Public Safety
MOTOR VEHICLE BODY Sam's Auto World, Inc Community Development
REPAIR Samir Awai�ane Public Safet
Fire Department
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 9, 2009
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Collins Electrical S stems Si n Erector Alan Boe Ron Julkowski, CBO
En ber Plumbin Heatin John En ber Ron Julkowski, CBO
Kas er Excavatin LLC Excavatin Rand Kas er Ron Julkowski, CBO
Twin Cities Sewer and Water LLC Excavatin L le Heskett Ron Julkowski, CBO
�
�
�ff1' 4F
FRIDLE7`
AGENDA ITEM
CITY COUNCIL MEETING OF
To: William W. Burns, City Manager
November 9, 2009
From: Richard D. Pribyl, Finance Director
Donovan W. Abbott, Public Safety Director
Debra A. Skogen, City Clerk
Date
�
November 5, 2009
First Reading of an Ordinance and Summary Ordinance Amending Fridley City Code
Chapter 101 Animal Control Pertaining to Potentially Dangerous and Dangerous Dogs
Minnesota State Law Chapter 347.50 regulates the licensing and registration of potentially dangerous
and dangerous dogs. The Fridley City Code regulates vicious animal pertaining more to non-
domesticated animals. During the past year there has been a lot of discussion addressing a rash of
dog bites. There has been some question as to whether state law or city code should be followed
since the state enacted the dangerous dog legislation. To help clear up those questions, staff reviewed
the state statute and the city code in preparing a new ordinance to clarify the procedures and
regulations.
The code will be amended as follows:
1. Adding the definitions of potentially dangerous dog and dangerous dog;
2. Changing the quarantine period from 14 to 10 days to make it consistent with state law;
3. Adding the registration and regulation of potentially dangerous or dangerous dogs as
required by state law; and
4. Changing vicious to prohibited animals in Section 101.11 in reference to non-
domesticated animals.
Staff recommends a motion holding the first reading of an Ordinance and it's Summary amending
Chapter 101 of the Fridley City Code pertaining to dangerous dogs.
ORDINANCE NO. 1257
OFFICIAL TITLE AND SUMMARY
AN ORDINANCE AMENDING FRIDLEY CITY CODE
CHAPTER 101 ANIMAL CONTROL
PERTAINING TO POTENTIALLY DANGEROUS AND DANGEROUS DOGS
I. Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to update
certain definitions and eliminate the parking of certain types of vehicles on any public street for
the purpose of protecting public safety.
II. Summarv
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 101 is hereby amended to provide the definition of potentially dangerous dogs and
dangerous dogs and to license and regulate them according to Minnesota State Statutes 347.50
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of
the City of Fridley's Animal Control Code. A copy of the ordinance, in its entirety, is available
for inspection by any person during regular business hours at the offices of the City Clerk of the
City of Fridley, 6431 University Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2009.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Reading:
Published:
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE
CHAPTER 101 ANIMAL CONTROL
PERTAINING TO DANGEROUS DOGS
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 101.01 of the Fridley City Code be hereby amended as follows:
101.01 DEFINITIONS
8. Dan�erous Do�
A Dan�erous do� means anv do� that has:
(1) without provocation, inflicted substantial bodilv harm, as defined bv MN
Statutes 609.02, subd. 7(a), on a human bein� on public or private propertv;
(2) killed a domestic animal without provocation while off the owner's propertv;
or
(3) been found to be potentiallv dan�erous, and after the owner has notice that
the do� is potentiallv dan�erous, the do� a��ressivelv bites, attacks, or endan�ers
the safetv of humans or domestic or domestic animals.
9. � Dog
10.3. Kennel
11. �8. Livestock
12. �. Permit
13. �. Pet Shop
14. Potentiallv Dan�erous Do�
A Potentiallv dan�erous do� means anv do� that:
(1) when unprovoked, inflicts bites on a human or domestic animal on public or
private propertV;
(2) when unprovoked, chases or approaches a person, includin� a person on a
bicvcle, upon the streets, sidewalks, or anv public or private propertv, other
than the do� owner's propertv, in an apparent attitude of attack; or
(3) has a known propensitv, tendencv, or disposition to attack unprovoked,
causin� injurv or otherwise threatenin� the safetv of humans or domestic
animals.
15. 13. Rodents
16. 14. Veterinary Hospital
17. 15. Wild Animals
Ordinance No.
Page 4
Section 2: That Section 101.10 of the Fridley City Code be hereby amended as follows:
101.10. ANIMAL BITES, DANGEROUS DOGS, QUARANTINE
1. Any person who has been bitten or has knowled�e �r�g of a human being who has
been bitten by a dog, cat, raccoon, skunk or other species susceptible to rabies shall immediately
notify the Animal Control Officer or Police Department. Whenever such an animal has bitten
any person, the owner or custodian of the animal, after being so notified by the Animal Control
Officer or the Police Department, shall immediately cause said animal to be quarantined at the
City of Fridley contract animal shelter or at a licensed veterinary hospital or kennel for a period
of ten 10 days after such person has been bitten. During the quarantine period,
said animal shall be kept under observation to determine its condition and if it is found to be sick
or diseased, the operator of the quarantine facility shall immediately report in writing to the
Police Department and the Fridley Animal Control Officer the condition of the animal. The
Animal Control Officer shall then take necessary steps to determine if the animal is suffering
from rabies.
2. During the quarantine period the animal shall not be removed from the designated
quarantine facility except by special written permission from the Minnesota Livestock Sanitary
Board and the Fridley Animal Control Officer. The owner of an animal shall be responsible for
the cost of quarantine.
3. The quarantine required by this Section shall not be necessary and the requirements shall
be waived if the custodian or owner of the animal, immediately upon notification that his or her
animal has bitten someone, presents to the Animal Control Officer or Police Department, the
certificate of an authorized veterinarian that the animal was vaccinated for rabies on a date not
less than two (2) years prior to the date of the biting. Such animal so exempt shall be quarantined
on the premises of the owner, under strict control, for a period of ten 10 days for
the purpose of observation for symptoms of disease. The Animal Control Officer is authorized to
conduct a mid-term and terminal examination of the animal.
4. It shall be unlawful for any person, other than an Animal Control Officer, to kill or
destroy any animal found running at large in the City. No Animal Control Officer or other person
shall kill, or cause to be killed any animal suspected of being rabid, except after the animal has
been placed in quarantine, and the diagnosis of rabies made.
5. Re�ulation of Potentiallv Dan�erous or Dan�erous Do�. A potentiallv dan�erous or
dan�erous do� shall be re�istered and re�ulated as required bv Minnesota Statutes Section
347.50.
Section 3: That Section 101.11 of the Fridley City Code be hereby amended as follows:
101.11. �'Tr'� PROHIBITED ANIMALS
1. No person shall keep or allow to be kept in the City
Ordinance No.
Page 5
A. Any animal of a vicious nature or with a propensity, tendency or disposition to
attack, to cause injury or to otherwise endanger the safety of human beings or domestic
animals; or
B. Any animal which attacks a human being or a domestic animal on two or more
occasions without provocation or on a single occasion where substantial bodily harm on a
human being is inflicted without provocation; or
C. Any non-domesticated animal not naturally tame or gentle, but is of wild nature or
disposition, including any of the following:
(1) Any animal or species prohibited by federal or Minnesota Law.
(2) Any non-domesticated animal or species, including, but not limited, to the
following:
(a) Any skunk, whether captured in the wild, domestically raised,
de-scented or not de-scented, vaccinated against rabies or not vaccinated
against rabies.
(b) Any large cat of the family Felidae such as lions, tigers, jaguars,
leopards, cougars, and ocelots, except commonly accepted domesticated
house cats.
(c) Any member of the family Canidae, such as wolves, foxes,
coyotes, dingoes and jackals, except commonly accepted domesticated
dogs.
(d) Any poisonous snake, pit viper or constrictor, such as a rattle
snake, coral snake, water moccasin, cobra, boa constrictor or python.
(e) Any raccoon.
(� Any other animal which is not listed explicitly above, but which
can reasonably be defined by the terms in section 101.11 of this code,
including bears and badgers.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 200 .
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Reading:
Published:
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 9, 2009
CffY OF
FRIaLEI'
Date: November 4, 2009
To: Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Preliminary Plat Request, PS #09-04, Dahlke Trailer Sales
INTRODUCTION
The petitioner, Greg Dahlke, is seeking
to plat the property located at 8170
Hickory Street, to allow for the creation
of two Heavy Industrial lots.
PLANNING COMMISSION
RECOMMENDATION
At the October 21, 2009, Planning
Commission meeting, a public hearing
was held for PS #09-04. After a brief
discussion, the Planning Commission
recommended approval of plat request,
PS #09-04, with the stipulations as
presented by staff.
THE MOTION CARRIED
UNANIMOUSLY.
PLANNING STAFF
RECOMMENDATION
City Staff recommends concurrence
with the Planning Commission.
STIPULATIONS
1. The petitioner shall move any
part of the existing driveway on
Lot 2, to ensure that iYs 5 feet from the newly created property line within 60 days of
preliminary plat approval.
2. Surface, curb and gutter will need to be replaced on Lot 2 upon issuance of a building
permit.
3. The petitioner shall pay $12, 536.00 park dedication fee upon issuance of a building
permit for Lot 2.
4. The property owner of record at time of building permit application to pay all water and
sewer connection fees prior to issuance of a building permit.
5. The petitioner shall properly maintain Lot #2 until sale occurs.
6. The petitioner shall provide easements as shown on preliminary plat drawing.
7. An easement for the pond that crosses lot lines shall be established and filed and a
storm pond maintenance agreement shall be filed with the City.
8. There shall be no outdoor storage on Lot 2 until iYs developed with a principal structure.
City of Fridley Land Use Application
PS #09-04 October 21, 2009
GENERAL INFORMATION
Applicant:
E&J Development
Greg Dahlke
8170 Hickory Street NE
Fridley MN 55432
Requested Action:
Plat
Purpose:
To create 2 Heavy Industrial Lots from 1
Lot
Existing Zoning:
M-3, Heavy Industrial, Outdoor Intensive
Location:
8170 Hickory Street
Size:
545,084 sq. ft. 12.51 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Industrial & M-3
E: Industrial & M-3
S: Industrial & M-3
W: Railroad & RR
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Section 205.19.4.A requires a minimum lot
size of 1'h acre in the M-3 zoning district.
Each lot will meet or exceed the City's
minimum lot size standard.
Zoning History:
Lot hasn't been platted.
2003 — Property developed with the
construction of a building.
2003 — SUP issued to allow a rock crushing
facility
2008 — SUP issued to allow a
telecommunications tower
Legal Description of Property:
The South 844 feet of that part of the
Southwest Quarter of the Northeast Quarter
of Section 3, Township 30, Range 24, which
lies East of the Railroad right-of-way, Anoka
Countv, Minnesota.
SPECIAL INFORMATION
Public Utilities:
Existing building is connected. Utilities are located
in the street for new lot development.
Transportation:
The existing business is accessed from Hickory
Street as will the new lot.
Physical Characteristics:
Proposed new lot is relatively flat and was partially
developed for a temporary rock crushing operation
and outdoor storage.
SUMMARY OF REQUEST
The petitioner, Mr. Dahlke is seeking to plat the
property at 8170 Hickory Street to allow for the
creation of two Heavy Industrial lots.
SU M MARY OF ANALYSIS
City Staff recommends approval of this plat
request.
• Proposed lots exceed the minimum size
standards required by the City of Fridley Zoning
Code.
• Proposed plat will create a new Heavy Industrial
lot for new industrial development.
CITY COUNCIL ACTION/60 DAY DATE
City Council — November 9, 2009
Aerial of Proposed Lot Subdivision
Staff Report Prepared by: Stacy Stromberg
PS #09-04
ANALYSIS
The petitioner, Greg Dahlke, is seeking to plat the property located at 8170 Hickory Street, to
allow for the creation of two Heavy Industrial lots.
The subject property is zoned M-3, Outdoor Intensive `}�
Heavy Industrial, as are the properties to the north, east "i
and south. The property to the west is the railroad -._��- -
property, across the railroad tracks, the properties are '�
zoned, M-1, Light Industrial and M-4, Manufacturing , � �
. . . �. � �
Only. The sub�ect property is located on Hickory Street,
off of 81 St Avenue and west of University Avenue. The �� �� �
�� .:::...............
property was developed in 2003, with the construction of �
a 23,488 sq. ft. office and warehouse building. The M-3, s`` �` ��
Heavy Industrial zoning district, allows outdoor storage k �
Y� � i
by right, so the existing business has outdoor storage of ;
trailers on the site. When the site was developed in 4: � ;
2003, a special use permit was also approved by the City ,� ` � ;
Council to allow a rock crushin o eration on the £�` 5� � '
9 p ', 4�
northern portion of the lot. That rock crushing operation �'�� T
:
only temporary survived on the site and as a result that -' �; 'x" �� �rt ���
special use permit has become void. A special use °"
permit was issued in 2008 to allow the construction of a telecommunications tower on the
subject property. However, to date, that tower has not been constructed.
Fridley requires that lots in the M-3,
Heavy Industrial Outdoor Intensive
zoning district be a minimum of 150 ft.
in width with a minimum total lot area
of 1%2 acres. After the plat, proposed
Lot #1 will be 541 ft. in width and
303,802 square feet (6.97 acres) in
area. Proposed Lot #2 will be 303 feet
in width and 213,426 square feet (4.90
acres) in size after the replat.
The existing driveway on Lot 2 will
need to be moved to ensure that it is 5
ft. from the newly established property
line. All other code requirements,
including but not limited to, setbacks,
lot coverage, landscaping, storm water
treatment, etc. will need to be met
when Lot 2 is developed.
City staff hasn't heard from any
neighboring property owners.
STAFF RECOMMENDATION
City Staff recommends approval of
this preliminary plat request, with
stipulations.
• Proposed lots exceed the size standards required by the City of Fridley Zoning Code.
• Proposed plat will create a new Heavy Industrial lot for new industrial development.
STIPULATIONS
City Staff recommend that the following stipulations be placed upon approval of this request.
1. The petitioner shall move any part of the existing driveway on Lot 2, to ensure that iYs 5
feet from the newly created property line within 60 days of preliminary plat approval.
2. Surface, curb and gutter will need to be replaced on Lot 2 upon issuance of a building
permit.
3. The petitioner shall pay $12, 536.00 park dedication fee upon issuance of a building
permit for Lot 2.
4. The property owner of record at time of building permit application to pay all water and
sewer connection fees prior to issuance of a building permit.
5. The petitioner shall properly maintain Lot #2 until sale occurs.
6. The petitioner shall provide easements as shown on preliminary plat drawing.
7. An easement for the pond that crosses lot lines shall be established and filed and a
storm pond maintenance agreement shall be filed with the City.
8. There shall be no outdoor storage on Lot 2 until iYs developed with a principal structure.
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 9, 2009
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS