03/14/2011 - 6177FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011
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The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability,
age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing
impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact
Roberta Collins at 763-572-3500. (TTD1763-572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Staff Update on Preparation for Spring Flooding
ppPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 7, 2011
City Council Meeting of February 14, 2011
OLD BUSINESS:
1. Second Reading of an Ordinance Amending
Chapter 11 of the Fridley City Code Pertaining to
General Provisions and Fees (Rental Housing
Inspection Fees) .............................1 - 2
2. Second Reading of an Ordinance Amending
Chapter 11 of the Fridley City Code Pertaining to
General Provisions and Fees (Land Use
Fees) ............................................... 3 — 4
3. Second Reading of an Ordinance Amending
Chapter 205.24 of the Fridley Zoning Code
Pertaining to S-2 Redevelopment District
Regulations (Text Amendment, TA #11-02, by
the City of Fridley) ........................... 5— 6
NEW BUSINESS:
4. Approve Letter of Agreement with Anoka County
Regarding the Disposition of 8100 East River
Road (Ward 3) ................................ 7 - 9
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS ICONTINUEDI:
5. Resolution Determining that Certain Parcels are
Occupied by Structurally Substandard Buildings
and are to be Included in a Tax Increment Financing
District (Ward1) ��—z2
..................
6. Resolution Creating a Policy of the City of Fridley
Identifying the Type of Storage Medium Used for
City Records 23 — 24
..........................
7. Resolution Authorizing the City of Fridley to be a
Party to the Minnesota Water Agency Response
Network (MnWARN) ....................... 25 — 37
8. Resolution Terminating Membership In
and Requesting Dissolution of the Six Cities
Watershed Management Organization 38 — 41
g. Receive Bids and Award Contract for Sanitary
Sewer Lining Project No. 400 .......... 42 - 44
10. Receive Bids and Award Contract for the
2011 Miscellaneous Concrete Repair
Project No. 401 45 — 47
...................
11. Claims .........................
48-71
12. Licenses. 72"75
............................
ADOPTION OF AGENDA:
OPEN FORUM. VISITORS: Consideration of items not
on Agenda — 15 minutes.
OLD BUSINESS:
13. First Reading of an Ordinance Amending
Chapter 205.23, Related to Purpose, District
Boundaries, Permitted Uses, Accessory Uses,
Existing Uses, Excluded Uses, Lot Width,
Lot Coverage, Setbacks, and Refuse for
Properties within the S-1, Hyde Park Neighborhood
Zoning District (Text Amendment, TA #11-04, by
the City of Fridley) (Tabled February 14,
2011) ............................................... 76 — 82
14. Resolution Authorizing the City of Fridley to
Enter into a Connectivity Services Agreement
with Anoka County for Broadband Services and
Authorizing the Mayor to Execute Said Agreement
(Tabled February 14, 2011) ............ 83
PUBLIC HEARING:
15. Consideration of a DNR Outdoor Recreation
Grant Application for West Moore Lake
Park (Ward 2) 84 ' $�
.........................
NEW BUSINESS:
76. Resolution Authorizing Application for DNR
Outdoor Recreation Grant Funds for
Trails In West Moore Lake Park
(Ward 2) 88 — 89
........................................
17. Resolution Authorizing Application for DNR
Local Trail Connection Grant Funds for
Moore Lake Recreational Loop — Phase I
(Ward 1) .......................................... 90-91
18. Resolution Authorizing Application for DNR
Local Trail Connection Grant Funds for
Unity Hospital Health Walk to Rice Creek
Regional Trail (Ward 1) ................. 92 - 93
NEW BUSINESS (CONTINUEDI:
19. In.formal Status Reports ................. 94
ADJOURN.
CITY COUNCIL MEETING OF MARCH 14, 2011
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FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to,
or treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard
to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500. (TTD/763-572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Staff Update on Preparation for Spring Flooding
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 7, 2�11
City Council Meeting of February 14, 2011
OLD BUSINESS:
5econd Reading of an Ordinance Amending
Chapter 11 of the Fridley City Code Pertaining to
General Provisions and Fees (Rental Housing
InspectionFees) .............................................................................................. 1 - 2
FRIDLEY CITY COUNCIL MEETING OF MARCH 14. 2011 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS (CONTINUEDI:
2. Second Reading of an Ordinance Amending
Chapter 11 of the Fridley City Code Pertaining to
General Provisions and Fees (Land Use Fees) .................................................... 3- 4
3. Second Reading of an Ordinance Amending
Chapter 205.24 of the Fridley Zoning Code
Pertaining to S-2 Redevelopment District
Regulations (Text Amendment, TA #11-02, by
theCity of Fridley) ................................................................................................ 5- 6
NEW BUSINESS:
4. Approve Letter of Agreement with Anoka County
Regarding the Disposition of 8100 East River
Road(Ward 3) ...................................................................................................... 7 - 9
5. Resolution Determining that Certain Parcels are
Occupied by Structurally Substandard Buildings
and are to be Included in a Tax Increment Financing
District(VNard 1) ................................................................................................... 10 - 22
6. Resolution Creating a Policy of the City of Fridley
Identifying the Type of Storage Medium Used for
CityRecords ......................................................................................................... 23 - 24
7. Resolution Authorizing the City of Fridley to be a
Party to the Minnesota Water Agency Response
Network(MnWARN) ............................................................................................. 25 - 37
FRIDLEY CITY COUNCIL MEETING OF MARCH 74. 2011 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
8. Resolution Terminating Membership In and
Requesting Dissolution of the Six Cities
Watershed Management Organization ................................................................. 38 - 41
Receive Bids and Award Contract for Sanitary
Sewer Lining Project No. 400 ............................................................................... 42 - 44
10. Receive Bids and Award Contract for the
2011 Miscellaneous Concrete Repair
ProjectNo. 401 ..................................................................................................... 45 - 47
11. Claims ............................................................................................................. 48 - 71
12. Licenses ............................................................................................................. 72 - 75
ADOPTtON OF AGENDA:
OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes.
OLD BUSINESS:
13. First Reading of an Ordinance Amending
Chapter 205.23, Related to Purpose, District
Boundaries, Permitted Uses, Accessory Uses,
Existing Uses, Excluded Uses, Lot Width,
Lot Coverage, Setbacks, and Refuse for
Properties within the S-1, Hyde Park Neighborhood
Zoning District (Text Amendment, TA #11-04, by
the City of Fridley) (Tabled February 14, 2011) ................................................... 76 - 82
CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 7, 2011
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 Saeflce
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
James Kosluchaz, Public Works Director
Pam Reynolds, 1241 Norton Avenue NE
Audrey Nelson, 250 — 61s` Avenue NE
Pat Gabel, 5947 — 2%: Street NE
John Anderson, 5909 — 2"d Street NE
PRESENTATION:
Annual National Pollutant Discharge Elimination System (NPDES) Review of Fridley's
Stormwater Poilution Prevention Plan (SWPPP) for 2010.
James Kosluchar, Public Works Director, said each year the City is required by its permit with
the MPCA to provide an update on the stormwater program. The National Pollutant Discharge
Elimination System (NPDES) is stormwater legislation from the US EPA 1987 Clean Water Act.
The EPA is delegated to the state. The stormwater program in Minnesota is affiliated with the
MPCA. They are given authority over the program.
Mr. Kosluchar stated Fridley is classified as an MS4. It is a municipal separate storm sewer
system. It includes basically its stormwater infrastructure, ditches, curbs, gutters, storm sewers,
similaz means of collecting or conveying nxnoff that do not coliect to a wastewater collection
system or treatment plant. The City is issued its own permit under the State of Minnesota permit
with the EPA.
Mr. Kosluchar said in 2008, Fridley received reauthorization of its MS4 permit. The heart of
this permit is a storm water pollution prevention program (SWPPP). Fridley has six minimum
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 2
control measures that aze part of that. This is the completion of Fridley's eighth yeaz under the
NPDES program. Fridley has historically had a very proactive program. It has been meeting the
requirements of the six minimum control measures for many years prior to the Federal
requirements coming down through the State.
Mr. Kosluchar stated the first minimum control measure (MCM) is public education and
outreach. The City uses its municipal television, Channel 17. It ran programs on 133 occasions.
There were four or five different programs related to stormwater. The programs explained
stormwater and wetland interactions with development and non-point source pollution. They
have provided printed materials to the public, provided Springbrook Nature Center "Tech-Tip"
bookmazks, provided brochures on the Mississippi River and Springbrook watershed, etc. A
third item under this MCM is good housekeeping for our municipal operations. They initiated
the educational program in 2010.
Mr. Kosluchar stated the City has an MCM on public participation and involvement. Rain
gardens are part of this program. They assisted in the grading and planting of two new rain
gardens in 2010. One was with the 2009-02 Street Project, and one was 2010-01 Street Project.
Mr. Kosluchar said this meeting is part of the City's public participation and involvement.
People aze welcome to come and comment here or call the Engineering Department.
Mr. Kosluchar stated the third MCM is illicit dischazge, detection, and elimination. Part of that
program is development and enhancement of the City's storm sewer mapping capabilities. This
year, the City added information on water quality elements, such as ponds and other control
structures for water quality throughout the City, both public and private. The City has an illicit
dischazge ordinance that prohibits dumping of hazardous materials into the storm drainage
system or waterway, and this is enforceable as a public nuisance. The City also does outfall
inspection annually and cleaning. Staff inspects 20 percent of outfalls each year.. This year
Springbrook Creek and Stonybrook Cteek watersheds outfall were inspected. They also
completed repairs on the 45`h Avenue outfall to the Mississippi River. The Hartmann Circle
outfall to Rice Creek underwent repair and lining in 2010.
Mr. Kosluchar stated the last item under the third MCM is identification of non-stormwater
discharge and flows. They are continuing to work on the City's wash water discharges with
vazious property owners in Fridley.
Mr. Kosluchar stated the fourth MCM is construction site runoff control. There is an existing
erosion control ordinance that was approved by the City Council in 2006. It is a fairly strong
ordinance. It requires construction compliance through use of Best Management Practices
(BMPs) during construction by contractors during development and redevelopment. Silt fencing,
temporazy ponding, concrete washout azeas, and soil stabilization aze ail part of the typical BMPs
that aze required during construction. The City maintains its own compliance on its streets and
assists with education and compliance for contractors. The City increased it efforts in this area
in 2010. Projects included Unity Hospital, Fridley assisted living, and the Cummins Power
facility. They reviewed 21 projects and 9 NPDES construction permits were issued. The
permits aze issued through the State, but the City requires certain practices in order for them to
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 2011 PAGE 3
be approved by the City. They issued several conective notices. One notice of violation was
issued which was effective in correcting a problem situation.
Mr. Kosluchar stated the fifth MCM is post-construction stormwater management and
maintaining compliance with development ordinances, which includes the addition of
stormwater BMPs during all development or redevelopment projects in the City. They also
require management agreements to be filed on large development or redevelopment projects
requiring implementation of storm water controls. There were five agreements they coordinated
in 2010 on vazious projects.
Mr. Kosluchar stated the sixth MCM is pollution prevention good housekeeping for municipal
operations. They perform storm sewer treatment device cleaning annually. They have 13 storm
sewer concrete treatment structures. Those are inspected and debris removed. Only 10 of the
structures required sediment cleaning in 2010 which is down. As faz as street sweeping, they
completed approximately 740 hours of street sweeping during the spring and fall rounds in 2010.
They do sweep in the summer, but less rigorously. They removed an estimated 1,600 cubic
yards of material from our streets, about half of this material by way of sand and dirt. Regazding
the de-icing program, the City reduced the amount of sand applied to roadways in 2010. There
has been a gradual decline since 2006, and they have reduced the use of sand by neazly 70
percent. This also reduces the amount of spring sweeping that is required.
Mr. Kosluchar stated in 2011 they will be working on a new MS4 permit with the State. All
small MS4s are working on the draft permit language right now for the State permit. Those
MS4s have to then come into compliance with that permit.
Mr. Kosluchar stated the last item concems anti-degradation. Staff does not know what that is
going to be yet because the State is still developing their rule-making. It sounds like the City
will be held to a set standard back to the 1980s, and is going to have to show that State water has
not been degraded since that point.
Mr. Kosluchar stated Fridley is an involved stakeholder in the development of new permit
TMDLs and regulations, so it participates in the draft permits and comments on them and tries to
maintain a sense of where the permits aze manageable for municipalities. They definitely see
additional costs with complying with the rules and permit reGuirements that are forthcoming.
Resources for the public include the MPCA Stormwater website and the EPA website. The
City's website also has information.
Councilmember Bolkcom asked if there is there a link on the City's website if someone would
like to read about this in more detail.
Mr. Kosluchar replied he will make sure the presentation is posted.
Councilmember Bolkcom asked if he had any idea how much time is spent on this and if he
saw a huge cost for this in the next yeaz or so.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 4
Mr. Kosluchar replied they do not see this that ramping up; but when these permits cycle,
probably into 2012, they will start seeing additional work. The permit is issued on a five-yeaz
cycle. Every fives years there is a new set of requirements, and they are written so they are
staged. From a municipalities and management standpoint, they are getting more into the role of
monitoring and regulating stormwater discharge. That is where the push is going to be over the
next five years and into the permit cycle after the 2011-2016 cycle.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of January 24, 2011.
Councilmember Bolkcom referred to page 5, under "New Business." The sentence should read:
"She thinks that sometimes the water gets muddied, and she would have a problem with
extending the extension for more than one yeaz."
APPROVED AS CORRECTED.
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of January 19, 2011.
RECEIVED.
2. Resolution Ordering Advertisement for Bids: 2011 Miscellaneous Concrete Repair
Project No. 401.
William Burns, City Manager, staff recommends approval of the 2011 concrete repair program.
Approximately 50 percent was focused in the Hyde Park area and the rest scattered throughout
the City. Focusing here, prior to the mill and overlay work in this area, will help keep the mill
and overlay project costs down. Staff estimates the total amount of costs for the yeaz to be
$45,000. The amount is within budget and consistent with the amount spent in prior yeazs. If
approved, the bid awazd will occur at the March 14, 2011, City Council meeting.
ADOPTED RESOLUTION NO. 2011-09.
3. Claims (149482 —149663).
APPROVED.
4. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF FEBRUr1RY 7. 2011 PAGE 5
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the consent agenda. 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. Seconded by Councilmember
Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTTON CARRIED UNANIMOUSLY.
OPEN FORUM:
No one in the audience spoke.
PUBLIC HEARING:
5. Consideration of a Text Amendment TA #11-04, by the City of Fridley, for the S-1,
Hyde Park Neighborhood Zoning District, for the Purpose of Making Existing Non-
Conforming Uses Permitted Uses, as Well as Minor Corrections to the Existing
Text.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. 5econded by Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 7:47 P.M.
Julie Jones, Planning Manager, stated this text amendment has come from a concern raised
during the 2030 Comprehensive Plan amendment process about the condition of rental housing
in the S-1, Hyde Park Neighborhood Zoning District. While a subsequent housing study did not
support the concerns about the rental housing conditions, staff realized that a 2004 change in
State statute meant the zoning language in the S-1 District regazding non-conformities needed to
be reevaluated. An action step was put into the Comprehensive Plan to take a look at the text
language for this district.
Ms. Jones said the Hyde Park neighborhood is bordered on Main Street on the west, 615� Avenue
on the north, University Avenue on the east, and 57`h Place on the south. When the Hyde Park
District was developed, it was made up of a mixture of commercial entities and all types of
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 2011 PAGE 6
residential units, both single family and multi-family housing. Currently, all but one of those
commercial entities has been acquired and has been replaced with single-family housing.
Ms. Jones stated Hyde Park's development is consistent with how neighborhoods typically
developed before strict zoning laws were put into place. These mixed use developments where
people can live, work, and play is something more and more cities aze striving to create and
Fridley is no different. The Hyde Park zoning district was adopted in 1978 to allow all uses
currently within that district to be continued but when a use other than single-family was
destroyed by more than 50 percent of its value, only a single-family home could be rebuilt
Ms. Jones stated changes in State Statutes, however, now permit non-conforming buildings to be
rebuilt even if it is removed intentionally by the owner. Staff is proposing to change the
permitted use section in the Hyde Park zoning code to match State Statutes which will allow any
existing use to be rebuilt. However, it cannot be geographically expanded if it is non-
conforming. Other modifications are also being proposed to the Hyde Park text to update the
Code and make it easier to interpret and enforce.
Ms. Jones stated staff has taken some time over the past few months to reseazch the existing
Hyde Pazk code language. In the "Purpose" section, when the Hyde Pazk overlay district was
adopted, the idea was to remove any commercial or multi-family housing and replace it with
single-family dwellings. The purpose statement within the existing Code clearly stipulates that.
Staff is proposing that we modify this section to acknowledge the unique characteristics of this
neighborhood that currently provides a mixture of housing types. It is the City's goal to support
the residential chazacter of this neighborhood while also promoting the reinvestment within
existing structures and allowing future redevelopment.
Ms. Jones stated in the "District Boundaries" section, staff is proposing to change how this is
described. It is currently described by legal descriptions of the plats within the neighborhood.
Every time there is a replat, however, staff has to do a text amendment. Staff feels it will be
much easier for everyone and more clearly understood if staff just simply described the
boundaries of the Hyde Park area by the street boundazies that contain it.
Ms. Jones stated in the "Uses Permitted" section under "Principal Uses," cunently what is
considered permitted use is only one-family dwellings. In order to allow existing uses, whether
duplexes or 12-unit buildings to be permitted, staff recommends adding a section to the Code
that will instead read, "One-family dwellings, except for those uses as allowed as part of Section
205.23.4.C.(I)." That section of the City Code states, "All existing uses will be classified as
permitted uses within the zoning district on the present property which they occupy." This
statement clarifies that multi-family use properties are considered permitted uses that can be
reinvested in and rebuilt but again, not geographically expanded.
Ms. Jones stated in the "Accessory Uses" section, staff determined that for consistency
purposes, this section of Code should match that of the R-1, Single Family, section of Code. The
existing language points to the need for a special use permit for accessory structures which is
something that was removed from the R-1 code several yeazs ago. This is important because the
City has also increased the fees for the special use permit on residential. For someone to put in a
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 7
second accessory structure, they would have to pay a$1,000 application fee. Staff does not feel
that should be required in this district as it is not required in the R-1 district any longer.
Ms. Jones stated under the "Existing Uses" section, several yeazs ago amendments were made to
the State Statute and the City's zoning code that allows non-conforming uses to be rebuilt,
whether the property owner chooses to replace the building or if the building is destroyed or
damaged by nature peril. Sections (2) and (3) in the "Existing Uses" section should have been
removed at the time of the adoption of the State Statute language in our Code.
Ms. Jones stated regazding lot width, within the "Lot Width" section of the Hyde Park zoning
district, there are a set of setbacks for living spaces and accessory structures which staff finds
confusing and really unnecessary. Appropriate setback requirements have already been
established in the setback section of the zoning code. Staff recommends just removing the
setback requirements within the "Lot Width" section.
Ms. Jones stated as far as lot coverage, when the 0-6 Overlay District (that is the overlay district
for pre-1955 platted lots) was approved in 2000, it recognized smaller lot sizes throughout the
City to be conforming. Hyde Pazk was not part of that overlay disuict even though there are a lot
of smaller lots there. Within that overlay district there is an increase in lot coverage allowance
and reduced setback requirements. It allows for additional development oppor[unities on those
smaller homes on small lots. Since the Hyde Pazk zoning district also has smaller lot sizes and
reduced setbacks from the standard R-1, single-family zoning code, staff determined it was
appropriate to increase the lot coverage requirements from 25 percent to 35 percent in this
zoning district as well so someone might have the opportunity to expand their smaller home even
though their lot size was small.
Ms. Jones stated under the "Refuse" section, the word "waste" should be removed and replaced
with "refuse."
Ms. Jones stated in 2005 several parcels within the Hyde Park neighborhood along Third Street
were replatted to allow for the construction of 16 new single-family homes. This is part of
HRA's Gateway West project. At that time, a text amendment was approved that would allow
reduced side yard setbacks specifically for new construction. Staff has determined that the
reduced setbacks should apply to all properties within this zoning district and not specifically to
just new construction. This change would also be consistent with the setback dimensions used in
the 0-6 Overlay District. While reviewing this section of Code, staff also discovered a typo
related to the height of an accessory structure. In all other sections of Code, accessory structures
sha11 not exceed 14 feet. For some reason in the Hyde Pazk text, it reads "15 feeY' and for
consistency sake, staff recommends correcting the 15-feet height limitation to 14 feet.
Ms. Jones stated along with these text amendments for the Hyde Park zoning district, staff is
also proposing the adoption of a new Transit Oriented Development (TOD) overlay zoning
district. The Hyde Pazk neighborhood is proposed to be included in the TOD overlay district.
Staff brought these two text amendments forward at the same time because they are intenelated
and staff felt it was important that the public and Council hear what is proposed in both of the
text amendments. Staff would like to point out that even if the TOD overlay ordinance is not
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE S
approved, they would still recommend that these modifications be made to the Hyde Park zoning
district language.
Ms. Jones stated the Planning Commission held a public hearing on January 19. There was a
claim made that the Hyde Pazk special zoning district was created through a petition. Staff was
not able to find any record of that. A rezoning for Hyde Park was a joint effort between the City
and a neighborhood council. The neighborhood council was made up of 16 people who owned
homes, apar[ments, or businesses within the Hyde Pazk neighborhood. The council was
established as a response to residents who had concerns about a 1969 commercial rezoning
which left their residential properties non-conforming. Staff understands it was difficult for
people to get insurance. The neighborhood council held several meetings in which they
discussed the problems and future planning of the neighborhood. As a result of those meetings,
the neighborhood council wanted to create a special zoning district so people would be able to
continue to utilize their existing structures and replace them if they were destroyed by over 50
percent. The City and neighborhood partnered together to create the S-1, Hyde Park Zoning
District.
Ms. Jones stated there were also comments about Hyde Park apartment buildings and the survey
work that was done ranking the conditions of these buildings. The Comprehensive Plan
references neighborhood concerns about the maintenance of apartments in Hyde Pazk. However,
a later housing condition survey did not rank Hyde Park apartments as poor. The study was
completed by the City's housing intern who ranked properties based on a five-point exterior
building system. Those conditions related to roofs, siding, paint, doors, soffits, fascia, and
foundation. The interior conditions were not rated. Although the Fire Department states the
condition of these buildings are no worse than other rental structures within the City of this age,
staff assumes that as these buildings continue to age, the conditions of both the exterior and the
interior will become a bigger concern. As a result, this text amendment would allow multi-
family property owners the ability to feel comfortable reinvesting i❑ these buildings without
losing their investment.
Ms. Jones said there were some comments about inconsistencies concerning the new Hyde Park
zoning language between allowing property owners to expand to 35 percent lot coverage and
only being able to build what exists now if a building were removed or destroyed. This is not an
inconsistency. Both statements aze true depending on the situation. A single-family home that is
located on a conforming lot will be allowed to expand their home with an increase in lot
coverage up to 35 percent as proposed. However, a multi-family building that is considered non-
conforming based on lot size or because it is a multi-family use would not be able to expand the
footprint of their building but could rebuild the exact same sized structure on the lot. Increasing
the amount of lot coverage allowed in the Hyde Pazk zoning district will allow those conforming
uses to reinvest in their property by permitting new front porch additions, living space additions,
or other expansion options that these properties otherwise could not accomplish now.
Ms. Jones stated at the Januazy 19, 2011, Planning Commission meeting, after staffls
presentation and receiving comments from the public, the Planning Commission made a motion
to approve the text amendment unanimously. In addition, there were no recommendations to
staff to change the proposed language. Staff concurs with the Planning Commission's
FRIDLEY CTTY COUNCIL MEETING OF FEBRUARY 7 2011 PAGE 9
recommendation and recommends approval of this text amendment. The first reading of the
ordinance on this amendment has tentatively been scheduled for the Council meeting on
February 14, unless otherwise directed by Council.
Councilmember Bolkcom asked how the neighborhood would change. She asked if there
would be bigger buildings.
Ms. Jones replied, as faz as single family, really not much. Potentially some additions may
occur. As faz as apartments, multi-family properties would be able to rebuild. As written in
State Statute, they aze allowed to rebuild regazdless of what the City Code states, as State Statute
supercedes the City Code. They can only rebuild it as it was built before.
Councilmember Bolkcom asked, if she had a concem about apartment complexes there now,
they could not be any bigger than they are now.
Ms. Jones replied, as will be stated in the TOD overlay district, in addition to this text
amendment, a property owner of a multi-family property would be required to come to the City
with an application for a TOD plan which would need to be heard through a public heazing
process both before the Planning Commission and City Council for review. They would have to
meet all the design and setback criteria of that district.
Councilmember Bolkcom asked if she had a 12-plex now, could she make it a 6-plex and put in
gazages as long as it was not a bigger footprint.
Scott Hickok, Community Development Director, said if it does not have a garage now it would
not be able to have a garage even if it fit within the same footprint. It is really to replace is there
right now.
Councilmember Bolkcom said it would not necessarily be an incentive for an apartment owner
to reinvest in his building other than in windows.
Mr. Hickok replied one of the things about its location is that people could enjoy the property
and not need two cazs, because they can use transit. There would still be some benefit for people
to rebuild their building. There is always the energy efficiency values they can build into
structures and just the architectural value they could add so they can compete with some of the
more modern units. If the garage is the only feature they lack but the building is nice, well
positioned, and has modern bathrooms and kitchens, etc., they should still do quite well in the
mazketplace.
Councilmember Bolkcom stated on "Existing Uses,"
within the zoning district, so you cannot change your use
cannot teaz it down and build a duplex.
Ms. Jones replied, correct.
under (C), it says only permitted uses
. If you have a single-family home, you
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2U11 PAGE 10
Councilmember Bolkcom replied, and under (D), (2) the words "...dangerous, create annoying
odors, noise... ." are new to the ordinance. She asked for an example of what would not be
allowed. They used to have a furniture repair business that put out a fair amount of odor. Is that
something they are saying would not be allowed?
Ms. Jones stated, right. That is standard language the City has in pretty much every section of
the zoning code. There could be something, such as a recycling center that makes a lot of noise
that would not be a good fit for a residential azea.
Councilmember Bolkcom asked if the section on lot requirements had already been in there.
Ms. Jones replied, correct.
Councilmember Bolkcom stated under (D) related to side yard setbacks, this is only related to
houses. We are not proposing any changes to apaRment complexes. Side yards still have to be
what they aze at present.
Ms. Jones replied, right. This means these setbacks aze the same regardless of whether it is a
multi-family property or single-family home.
Councilmember Bolkcom asked if it said that. Everything she sees says, "where a house is
built."
Ms. Jones stated the only permitted use in the district is a single-family home, so this language
is geared towazds what a single-family home is allowed to build. The multi-family structures
there would have to build according to the same setback now in existence.
Councilmember Bolkcom said this is not proposing that it would change for a multi-family
dwelling.
Ms. Jones replied correct.
Councilmember Bolkcom asked when the 60-day action was up on this item.
Mayor Lund replied February 14.
Councilmember Saetke said basically a lot of the language is to meet the State Statute, because
whether or not they pass this, people who own multi-residential properties have the right to
rebuild no matter what our ordinance says.
Ms. Jones replied correct.
Councilmember Saetke stated by providing the same benefits the City gives to the O-6 zoning
who have undersized lots, they aze actually allowing them an extra 10 percent of buildable area
on the same lots they own now so they can put in a breezeway, porch, etc. To him it is a benefit
to the property owner.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 11
Ms. Jones replied correct. That is why they aze proposing the language.
Pam Reynolds, 1241 Norton, stated although she is not a resident of the Hyde Park area, she is
opposed to the changes being proposed to the current restrictive residence district language.
When the Comprehensive Plan was being rewritten, the group, Concerned Citizens, kept an eye
on this Hyde Park language. At that time, the original draft gave an edict that the language
would be loosened. The Concerned Citizens requested a language change; and it was changed to
say, "consider changing the language." This zoning has been in place for 33 yeazs. The way it
currently reads there really is no reason to change it. The current language, Section 4(c) which
addresses the existing uses already allows for multi-family homes to be rebuilt. The current
language Section 7( fl requires all properties meet maintenance standards and does not prevent
the owners of multi-family cesidence to remodel their building.
Ms. Reynolds stated at the Planning Commission hearing residents of Hyde Pazk asked that the
City enforce the Code. Their comments, however, were taken to mean they were in favor of the
language changes which would allow multi-family to be a conforming use. She understands this
language may not talk about conforming use but, if the TOD district lays in on top of it, the
concept of replatting say two or three lots and building a much lazger structure could very well
happen.
Ms. Reynolds stated development staff more than once referred to the language that would
prevent a non-conforming structure from being replaced if destroyed by more than 50 percent.
This language does not appear in the Hyde Pazk zoning language. This language appears in
Section 205.04 of the Ciry Code, Section 3. It would be her belief that if that language needs to
be changed to co�form to State Statute, they should do it in that section.
Ms. Reynolds stated staff offers that the proposed language changes are minor. However, the
language changes would allow increased density development at least when they get to the TOD
portion of it. This neighborhood wishes to remain restricted to the ratio of single-family homes
to multi-family that currenUy exists in their neighborhood. In the agenda information there is a
memo from Community Development staff dated February 3. On page 2 of that memo, staff
addresses some comments from the Planning Commission meeting. The first comment
addressed is whether a petition brought about a change to S-1. While it is true that a
neighborhood council was formed and worked with the City to accomplish this zoning change, a
petition was the beginning of that process. At the Planning Commission hearing, Pat Gabel said,
"I was a catalyst for the S-1 zoning district back in the 1970's. I was the person who walked
around with the petition." Ms. Reynolds' understanding is that petition no longer exists because
of document retention rules which say after so many years you can throw them away.
Ms. Reynolds stated the neighborhood council at that time had representatives of people who
were home, apartment, and business owners within the neighborhood so all factions were
represented when this language was created. At the Planning Commission heazing, she
presented the Commission with a copy of Minn. Stat. § 46212, Restricted Residence Districts.
She believes this statute covers what happened in Hyde Pazk.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 12
MOTION by Councilmember Bolkcom to receive Minn. Stat. § 462.12 from Pam Reynolds.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Reynolds stated in 1978, at the Planning Commission public hearing on the proposed
language which would establish this restricted residence district, Commissioner Schnabel said,
"There has been a lot of give and take done among the property owners and residents who have
been involved in the neighborhood group. Everyone has worked hard to come up with a plan
that has been presented." She went on to compliment them on their struggles and pointed out
that they had demonstrated a very, very valuable thing for the community. Chairperson Harris
noted he would like to see this type of cooperation spread throughout the whole City of Fridley.
Commissioner Oquist said the Commission did an excellent job. He reminded the committee to
keep active and promote their neighborhood. Commissioner Langenfeld said, "It is really nice to
see the citizens group together with the City, meet and approach a common goal, to make the
Hyde Pazk area a better place to live.° He indicated that now they were all joined together, the
citizens should not let the City forget they exist. Throughout the process this zoning change
remained viewed as positive for this neighborhood and was unanimously approved by Council
on June 5, 1978.
Ms. Reynolds stated after the Planning Commission heazing, she was approached by some of the
residents in Hyde Park who felt that perhaps another petition would once again help protect their
neighborhood. Because State Statute §462.12 cleazly states that vacating this type of district
requires the approval of 50 percent of the property owners, they felt that showing through
petition their lack of desire to change their zoning might have a positive outcome. She agreed to
help. They set a goal to collect signatures from 50 percent of the property owners hoping to send
a clear message to the City Council.
Ms. Reynolds stated as she knocked on doors in this neighborhood, she was encouraged to find
that the Hyde Park neighborhood is being revitalized. She met new owners who have chosen
Hyde Pazk to live and raise their families. Older residents who remember the rezoning episode
aze glad to see new families moving in. One similazity continued to be voiced, and that was the
need to address the bad elements in their neighborhood and the belief that creating language
which would be the conduit for higher density was not the answer. They also did not think
creating an overlay district in the form of a TOD that would in essence nullify their zoning was
appropriate either. Hyde Pazk has 192 properties. To the best of her knowledge 36 of these are
multi-family residences. There is one commercial building, 4 that aze currently bank-owned, 3
that are owned by Anoka County Community Outreach, 12 owned by the HRA, and 136 single-
family residences. The goal of 50 percent is 96 properties. Because of weather, eazly evening
darkness, etc., they fell short of reaching the goal. She offered a petition with 67 signatures
representing 62 properties. To date only 2 property owners have said "no."
Ms. Reynolds stated some people believe the HRA, because they own so many properties, is
looking to this language change to allow them to take the properties they currently own and
develop them so they look like the townhouses on the other side of University. She asked that
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 2011 PAGE 13
the petition be entered into the record and then either deny the two proposals before Council, or
continue the public hearing for two weeks to allow them to get the additional signatures. A third
option would be to create a similar neighborhood commission and enter into communication
with the property owners in this area. She said she did check the petition against the Anoka
County taac website and all of those who signed are the property owners at the addresses listed.
Councilmember Bolkcom stated she thinks they aze getting off the subject. This is a text
amendment and has nothing to do with the TOD. She would like to hear from some of the
neighborhood, too. She knows they live there and she has represented them.
John Anderson, 5909 — 2"d Street NE, stated he is the current chairman of House District 58
Republicans, and their area covers seven Fridley precincts. He is here representing his group in
support of Text Amendment 11-04. While we cannot restore the rights of property owners who
have been driven out of Hyde Pazk neighborhood, we can restore the property rights of current
multi-family property owners by passing this text amendment. The amendment would do the
following: restore property rights to multi-family property owners to allow multi-family
property owners the ability to invest in their properties up to demolition and rebuilding their
property; thus, improving the rental housing stock of the neighborhood, prevent multi-family
property owners from continuing to allow their properties to cascade and to continue structural
disrepair as there is zero incentive to replace their properties with a single-family home in Hyde
Pazk.
Mayor Lund stated he felt staff gave a succinct presentation about the actual changes. He asked
Mr. Anderson if he had an opportunity, as well as others who want to speak, to look at the new
language in the ordinance.
Mr. Anderson replied, yes.
Mayor Lund stated this item is pretty straightforwazd.
Mr. Anderson said he agreed and supports it.
Pat Gabel, 5947 — 2%z Street NE, stated she lives in Hyde Park. She has lived here for over 40
years. She knows about the Hyde Park neighborhood council. She knows exactly what
happened and how difficult it was. Councilmember Bob Bamette also knows and remembers.
They need to do this text amendment. It is just cleaning up language. A couple of people have
told her that some things were misrepresented to them in terms of these petitions. She has
canied petitions. It is really easy to go up to somebody's house, and say something at the door
and scaze them. Frankly, there aze a lot of people right now in Hyde Park who aze scazed. They
think something bad is going to happen to them. There are people who are there stirring this pot
and getting them going. She has seen this happen before; this is not the first time. They need to
take care of the text amendment and then move on to the TOD. They are about two sepazate
things.
Councilmember Bolkcom asked about the neighborhood council.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 2011 PAGE 14
Ms. Gabel said people wanted to be able to rebuild their homes if something happened. While
they were zoned commercial that was not doable, plus they had mortgage problems, and
insurance problems. Of course they got a group of people together to work on this and other
issues evolved, and the other issue was they really wanted the commercial out of there. She
thinks everyone accepted that the apartment buildings were there to stay.
Councilmember Bolkcom said when Barbara Dacy was the Community Development Director,
they went through the neighborhood before they did the Gateway East and were looking at doing
row houses. They heazd very loud and cleaz from the neighborhood that they did not want that.
The City said it would step back and build something and the HRA went ahead and did Gateway
East. The next project was to buy some of the houses and do the Blueprint homes. They heard
from the neighborhood they wanted single-family homes.
Ms. Gabel stated she is heazing is the City is going to have row houses like those across the
street, and they aze going to fill the place up with it.
Councilmember Bolkcom asked in that same neighborhood where there are still some vacant
lots, only single-family homes could be built there.
Mr. Hickok replied that is correct. There were 16 lots in that plat and there are a number of
single-family lots yet to be built. There would be no multi-family on those lots.
Ms. Varichak asked if they cannot just build those. Somebody has to go to him and say they
wa�t to build a home there, correct?
Ma Hickok replied, yes, actually the HRA owns those lots; and they had a contractual
arrangement with Blueprint Homes to build. They would sell the lots on a lot by lot basis. The
HRA still reviewed every single house plan to make sure it fit the characteristics the HRA
wanted on those lots. The housing mazket, being what it is, the HRA has pulled back from
mazketing those lots or building with that builder until the mazket comes back.
Councilmember Barnette stated no one has been more of a guardian of Hyde Pazk than Pat
Gabel. He and Ms. Gabel go back to the 1970s and she was fighting for Hyde Park. She lived
there and knew what they wanted. They were going to look at multi-housing across the street,
and they were not going to have that. The big thing with Ms. Gabel and Mr. Anderson is they
live there and they know what is going on. No one on this Council is there to hurt Hyde Park.
They aze there to help them.
Councilmember Bolkcom asked Attomey Knaak regazding the text amendments here is it fair
to say, taking into consideration that the TOD is a whole different story, that the things being
done here tonight, aze any different than any other text amendment where they went through
other ordinances and cleaned up the language because it is no longer a part of State Statute.
Fritz Knaak, City Attorney, replied, no.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 15
Mayor Lund asked if this was in relationship to the petition, too, where it is stated that it is the
belief that the proposed action is in violation of State Statute which requires vacation of any
portion of the restricted resident district to be initiated by property owners within this district.
Councilmember Bolkcom stated she thought she heard from Ms. Reynolds that they do not
need this but she thinks this text amendment needs to be done because what it does is makes the
City in compliance with State Statutes. They are not making it any different from any other
❑eighborhood.
Attorney Knaak replied that is correct. Certainly there is nothing to prevent Council from
receiving the petition as an expression or opposition or support. He does want to correct some
confusion with this Section 462.12. This does not apply to Fridley. This Statute applies to cities
of the first class, something that a group of citizens can do in Minneapolis, St. Paul, and Duluth.
He does not believe there has been any effort to create a district under 462.12 in Fridley because
it would not be legal to do so. Again, that is not to say that the statement that is being made here
the concem or the positions advocated are in any way inconect or that they cannot receive them.
In fact they probably should receive them having been made of public record.
Councilmember Bolkcom asked if the petition supersedes anything they are trying to do in the
text amendment?
Attorney Knaak replied no.
Councilmember Bolkcom asked if they aze going against any law by doing the text amendment.
Attorney Knaak replied not that he is awaze of. The Statute that has been cited here just simply
does not apply here. That is not to say that the citizens cannot petition or cannot oppose or
support what they aze doing.
MOTION by Councilmember Bolkcom to receive an eight-page petition notarized Februazy 6,
201 l, from Pam Reynolds. Seconded by Councilmember Bamette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mayor Lund stated it was also mentioned about Chapter 205.23, and that the changes should
occur there rather than in here.
Ms. Jones replied, actually staff did do a text amendment to 205.04 around 2006.
Mr. Hickok stated by placing it in front of the Code where the general language is right after the
definitions, it applies to the entire Chapter 205. It is not that it is missing necessarily elsewhere
in the Code. It is just that some of the language is general language in the front of the Code and
it applies to all the districts. That would be the case here.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 16
Mayor Lund asked if it were conceivable for someone to buy two or more residential lots in that
area and put in a multi-family building.
Ms. Jones replied they could not do it the way it is proposed.
Councilmember Bolkcom asked Attorney Knaak if his assessment was that you really cannot
change it because it is an existing use of a single-family home.
Attorney Knaak replied if you do, in essence you are creating a non-conforming use. You could
conceivably do that, but as a general practice, it is not a good idea.
Councilmember Bolkcom asked if he was saying someone would be permitted to do that.
Attorney Knaak stated if they were to rezone an area, for example.
Councilmember Bolkcom stated someone could come in, take down a house, and build a
triplex.
Attorney Knaak replied that is correct.
Councilmember Bolkcom stated so it is not increasing the density. When they are talking about
this text amendment, it does not change the density that is there now.
Mr. Hickok replied, correct.
Ms. Reynolds said she e-mailed Mr. Hickok and said the 50 percent business does not appeaz
anywhere in 205.23 which is the Hyde Park language. She asked where it was. He just said that
it was changed already.
Mr. Hickok said in 2006, there was a statutory amendment that the City change the language in
the front of the Code.
Councilmember Bolkcom stated and it does not just apply to Hyde Park, it applies to the whole
district.
Mr. Hickok stated, across the boazd--R-1, R-3, R-4, Hyde Pazk.
Ms. Reynolds stated if you read paragraph (c), Existing Uses, in the current language, sections
(2) and (3), it already allows the multi-family to be rebuilt if they have been there, through the
same footprint. In Section 205.04.3(e) it says, "Any non-conforming use is destroyed by fire or
peril to the extent of greater than 50 percenY' (this is off the website).
Mr. Hickok stated he would like to thank Ms. Reynolds for further pointing out staff's
suggestion of changes to Hyde Pazk because they do not want one section of the Code to
contradict what the statutory requirement is for non-conformities. They do not want a
contradiction and that is a point for bringing this forwazd.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 2011 PAGE 17
Mayor Lund stated staff is trying to make this so that it is not contradicting State Statutes and it
is applicable already to the other parts of Fridley but there is a contradiction with the Hyde Park.
Ms. Reynolds stated, no, it is already applicable in Hyde Park. It is under non-conforming uses
and structure earlier in Chapter 205 where it talks about the 50 percent. At the public hearing
there was a gentleman who stood up and said that when he spoke with Ms. Jones, she told him
that if his duplex burned down and it was more than 50 percent, under the current Hyde Park
language, he would not be able to rebuild it.
Councilmember Bolkcom stated duly noted they can look at it before the first reading to make
sure it is correct.
Mr. Hickok stated it is correct. In the front of the Code there is the general language and that
applies across the board. They aze being further asked tonight to fine tune Hyde Pazk's section.
MOTION by Councilmember Saefke to close the public heazing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLO5ED
AT 8:57 P.M.
6. Consideration of a Public Hearing for Text Amendment TA #11-03, by the City of
Fridley to Consider the Creation of a Transit Oriented Development (TOD) Overlay
Zoning District Near the Northstar Train Station.
MOTION by Councilmember Bolkcom to waive the reading of the public heazing notice and
open 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 WAS OPENED
AT 8:58 P.M.
Julie Jones, Planning Manager, said this about in 2007 while they were working on the 2030
Comprehensive Plan update. Staff proposed several redevelopment azeas on a map. One of
those was the Northstar TOD redevelopment area.
Ms. Jones stated they had an extra push in 2009 when the State legislature gave Fridley approval
to develop a transit tax increment financing district if it so desired. The area of land that was
approved by the legislature to be included in that district aze the Georgetown Apartments, several
apartment buildings in the Islands of Peace park area, the industrial buildings of U.S. Corrugated
and Tri-Staz Insulation, vacant land that used to be Tyro Industries that has now been rezoned
commercial, railroad right-of-way, and several industrial properties including Home Depot. This
TIF azea does not include the Hyde Park azea.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 18
Ms. Jones stated this text amendment is interrelated with the Hyde Park text amendment. Staff
spent a great deal of time debating the aspects of the Code between both of these proposed text
amendments to see how they relate to each other and make sure they work together
simultaneously. This is a long-term plan they are looking at. There are no proposals before the
City causing it to take a sudden look at this now. Staff has been looking at it for a long time, and
it may take a long time to really bring to fruition.
Ms. Jones stated the HRA has a 200-year long lease on the land where the east Northstar park
and ride lot is. This is not something that is just a short-term thing they are looking at as faz as
the Northstar being here. At the last public heazing before the Planning Commission, there was a
lot of talk about creating more ridership for the Northstar rail. Yes, the City is interested in
getting more people riding the rail from New Brighton, Mounds View, Spring Lake Pazk, and
Columbia Heights. When they are coming and going to and from that station, the City wants
them to patronize the businesses in Fridley. They want them to come and stop on their way
home and shop for groceries at Cub Foods on 57`h Avenue, maybe get a bite to eat at Zantigo, or
stop and get gas at Holiday gas station. They really want to take advantage of the fact that this
feature is here in our community.
Ms. Jones stated Northstar was mentioned several times as being light rail, and it is not light rail.
It is commuter rail, and there is a big difference and it makes a big difference what type of
economic development you see azound the train station. Commuter rail is rail that runs on
existing freight train tracks. It is very limited service. It is designed just to run in the peak of
rush hour in the a.m. and p.m. Trains typically run once an hour. You do not see the type of
commercial development next to commuter rail like you do next to light rail where there is more
frequent service every 15 minutes consistently throughout the entire day.
Ms. Jones stated any redevelopment that happens azound a commuter rail station has to be
sustainable on its own regardless of the train station being there because no business is going to
survive just on a couple oF hours of clientele coming to it during the day. Staff considered this as
they developed this Code language.
Ms. Jones stated a big part is providing access to the thousands of people who already live next
to the train station. The City has over 3,000 people who live within a half mile oF the train
station. There is Georgetown Apartments, the biggest apartment complex in the community
within a half a mile of this station. Twenty to thirty percent of people in the community do not
drive. They are either too young, too old, disabled, or they do not have their license. The City
does want to provide a transit district that allows people to take advantage of the Northstar train
and the bus service and other transit opportunities in the azea.
Ms. Jones stated the transit overlay district boundaries came about for several reasons. Staff
spent a great deal of time focusing on action steps in the Comprehensive Plan to study certain
intersections as far as making them more pedestrian friendly. One of the intersections was the
one at 61st and University. Another one was at 57�h and University. And the train station neaz
61s� Avenue along the tracks. When staff looked at creating connections to the commercial azea
along 57`h Avenue, it only made sense that the area in the middle was included in the TOD
overlay district.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 19
Ms. Jones said there was a lot of confusion at the Planning Commission meeting about this
being a new tazc on residents in the proposed area. The type of infrastructwal improvements they
were talking about--sidewalks, crosswalks, pedestrian lighting, parking structures, etc.--the
theory would be revenues here from the tra�sit TIF district. If new development comes in, they
would need to meet the terms of the TOD code language. The single-family home properties in
Hyde Pazk aze exempt from this. If a single-family property owner would want to rebuild in the
Hyde Pazk neighborhood, they would not need to submit a TOD plan. A multi-family property
owner, however, would need to submit a TOD plan and meet the standazds set forth in the Code.
Ms. Jones stated she was not going to go into the details of the design criteria proposed in the
Code but generally it is about requiring buildings to be built closer to the street, putting the
pazking to the back of the building rather than the front, requiring sidewalks and bike walks
being incorporated into new developments, creating colorized crosswalks to keep pedestrian
walkways safer as well as lighting for those, and also some special maintenance requirements
particularly for bus stops.
Ms. Jones stated several concems were raised at the Planning Commission heazing and at the
meeting they had with the HRA. There were concerns about snow storage, existing industrial
property additions, the "Uses Excluded" section, the term "half-mile radius," the 45-foot height
requirement proposed for the Hyde Park District, the streetscape maintenance, and the lack of
green space in a typical TOD development.
Ms. Jones said with respect to the snow storage, after the HRA meeting, staff looked at some of
the example districts and for the most part what they saw was the snow was being trucked away.
Snow storage, while it is not specified in the Code, is something staff always looks at when they
aze reviewing design plans. They just went through that with the proposed redevelopment of the
Cub Foods site. They did not have a lot of space in their TOD plan, and Cub Foods stated if they
have to they will truck it out. That is a cost of business that a lot of developments incorporate
into theirlease fees.
Ms. Jones stated one thing staff did change was a point about additions to industrial buildings.
The HRA pointed out they were concerned with the 15-foot setback. It might be unreasonable
for some industrial additions. Staff made an exception in the Code for that.
Ms. Jones said building height was another thing that some people were opposed to changing.
The Code goes by the requirements in the underlying zoning district. The only section where
they have a problem with that was within the Hyde Pazk district because the building height is 30
feet. The R-1 Code specified 45 feet. They thought the 30 foot would be limiting.
Ms. Jones stated under "Maintenance," additional maintenance requirements aze in the TOD
code to ensure access to transit and attention to landscape. While current Code does require
property owners to maintain the public boulevard adjoining their proper[y, it does not really say
anything about bus stops. That has been a tough issue for the City because a lot of people
assume that MTC or Met Council is maintaining ow bus stops, but it is actually the City. Staff
thinks that in a TOD setting, when the bus stop is close to a front door, the adjoining building
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 20ll PAGE 20
owner should be taking care of the snow and the mowing. Staff incorporated that into the TOD
language.
Ms. Jones stated regarding the concern about open space, even though buildings are built closer
to the street, landscaping still needs to be provided according to the language of the underlying
zoning district. Staff was glad this was mentioned because it caused them to go back and look at
that. They realized there was a flaw in what was proposed in the TOD language because the
underlying landscaping language in the Hyde Pazk area basically states you just have to put in
turf grass, it does not say anything about planting trees like in other sections of the Code. Staff
wanted to fix that and make sure there was landscaping in place.
Ms. Jones stated the Planning Commission unanimously recommended approval of the text
amendment after their public hearing on January 19. They did raise a concern about the term
"half-mile radius" that was in the "Purpose" section of the proposed TOD language. Staff agreed
that the word "radius° was not necessary. They did recommend leaving in the term "half-mile"
because they are concentrating efforts within a half-mile of the station as far as creating those
connections to transit.
Ms. Jones stated staff is prepared to hold the first reading of the ordinance at the February 14
City Council meeting and the second reading at the March 14 City Council meeting.
Councilmember Bolkcom asked about the term "half-mile" was from where it is. Can they
include boundaries and addresses? She thought Yhe Commission members wanted to get rid of
the words, half-mile, and not just the radius part. She asked why they lefr "half-mile" in there.
Ms. Jones replied, the language that referred to the term "half-mile" is in the "Purpose" section.
The boundary section of the Code that defines the boundaries refers to what is in the map which
is typical of other overlay districts. The shoreland overlay district, for example, refers to a map.
Councilmember Bolkcom asked if the map includes everything that is a half mile away.
Ms. Jones said they use that term as it concentrates on that when it talks about the half mile.
The areas to the south of the train station are all within a half mile. They did not go beyond the
half mile distance.
Councilmember Bolkcom asked what was north.
Ms. Jones said it is not included. The purpose of this district is to connect the areas around the
train station and the commercial area along 57`h Avenue.
Councilmember Bolkcom asked so they included Hyde Pazk but not some of the other
properties that are within a half mile.
Ms. Jones replied, correct. They did this because this is a transit-oriented development district.
They are not just looking at the train, they aze looking at the bus stops, and the bus stops are
along University Avenue and East River Road. They are also looking at making connections to
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 21
the other forms of transit in the azea to create an area that focuses on giving people the ability to
get to that transit easily via sidewalks, bike lanes, etc.
Councilmember Bolkcom asked but if she lived north of there, would she not take the bus.
Scott Hickok, Community Development Director, said it is not meant to disrupt existing single-
family residential azeas. Presumably they have already been using transit and they would
encourage them to continue to do that There is a developed azea on the east side of the tracks,
north of this district that is certainly within the half-mile walking distance that has a fully
developed single-family azea that has sidewalks along 61 s� Avenue, for example, and opportunity
already. It is not being enhanced by any additional overlay and the expectation would not be that
the single-family pattern would be disrupted north of 6151 Avenue, for example, for additional
improvements in there.
Councilmember Bolkcom asked why in Hyde Park.
Mr. Hickok stated it is meant to give residents there more opportunities, safer crosswalks,
lighting, landscaping, other things that do not exist there right now. It increases the potential for
those things to happen in that neighborhood.
Councilmember Saefke asked if it would affect any individual property owner except far the
fact there may be better crosswalks at 57`h and University and 6151 and some extra lighting.
Ms. Jones stated there is an exception in the Code for the individual single-family property
owner to be exempt from having to apply for a TOD plan if they wanted to redevelop their
property. For example, if a developer came in and bought two or three single-family properties,
they would need to submit a TOD Plan in order to be able to do anything and have approval by
Council. The advantages for someone in Hyde Park is in seeing these multi-family properties
being redeveloped. Without this, the only thing they can do if they wanted to rebuild their
property 50 years from now, long-term, is rebuild exactly what is there. They could submit a
TOD plan and they could redesign the property differently, but they would have to meet the
design criteria that is laid forth in this plan. The details in it are pretty stringent about how the
building has to be designed, the quality of materials that have to be used, what sort of parking
needs to be provided, etc.
Councilmember Saetke asked if it would allow for additional units.
Ms. Jones replied, possibly but they would have to meet all of the criteria of this proposal.
Councilmember Saetke stated he thinks that is where the confusion and the objections are
coming from. They said if they accept 11-04, they could only rebuild what is there on the same
footprint with the same amount of units. Now they are saying, okay, if they accept this TOD,
then the rules change except for the fact that they would have to submit a plan and as long as the
plan meets the criteria for building construction, they can possibly have increased units which
increases the density. There does not seem to be any objection by the majority of the neighbors
on that one issue. When you look at the TOD, he can understand some of their concerns that if it
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 22
is allowed to happen in the neighborhood itself density could increase. He could see how it
could change the chazacter of the neighborhood. It has become clear to him tonight about what
he sees as a bit of a contradiction because he thought the neighborhood as it exists would be left
alone. Any preapproval or any units that were shown in the diagram with the pictare, the town
homes, would probably be built on the west side of Main Street where sometime there may be
vacant property where Parsons Electric is now and in that azea and it still would not affect the
neighborhood that exists today.
Councilmember Bolkcom said she would be very nervous if she lived in that neighborhood.
That is why she asked why it needed to be included. She understands why they think it is going
to cause people to want to build up their apartments in that azea and have the opportunity to walk
to the train station. Most of the people who aze here tonight aze from Hyde Park. She does not
think a lot of people on that other side have an idea that it could change the character of their
neighborhoods, too.
Mr. Hickok replied they did not have these text amendments independently as they wanted to
eliminate that confusion. All of these are predicated on having the district below it be the
governing district unless somebody wants to come in and do something transit-oriented
development wise. In order to do that cleanly, they needed to clean up the Hyde Park district.
There were some ambiguities in there and things that were inconsistent with statutes. They could
not do that independently. It is meant to clean up the Hyde Pazk district below and meant to
allow an opportunity for development if somebody wants to come in and propose a transit-
oriented development that meets the criteria that will be spelled out in the text and that would be
approved then through a separate process. They would have a Planning Commission and a City
Council review, a public hearing, and first and second readings.
Mr. Hickok stated the mazket will govern, too. People aze saying this is just to get a lot of
multi-family in Hyde Pazk. If the mazket is going to be there for that, they might get some nice
new development there that has not happened since 1978. He thinks there is something to be
said for the fact that the neighborhood really wanted something better since 1978 but for the
investment of the City and the HRA nothing has happened in there. When the City started
reinvesting, neighbors started reinvesting, and properties started looking up. This does offer
people a reason to come in and look if the market is going to support it. If the mazket does not
suppoR it, train or otherwise, you aze not going to see developers in here trying to develop it. On
the other hand, if the market would support it, you aze probably going to see some proposals for
some oice, innovative development that brings new investment to the City.
Mr. Hickok stated we talked about difficult times, high taxes, etc. How do you get reliet? Part
of it is a broader tax base; providing opportunity to shaze the ta�c burden with new development
and not have it bome entirely by the people who exist here now. This offers at least a future
opportunity that might have some new and innovative development which shares the cost of
what it really takes to run a city and the services that aze needed. There is the TOD benefit and
there is the added benefit of new development and broadening our tax base.
William Bums, City Manager, stated he thought the concern here is that the TOD allows the
owner of the four-plex to reconfigure his lot so he now has room for six or eight units. What
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 23
staff is really trying to do here with the TOD is to accommodate a project that would include
more than that lot where the four-plex is located. That market force that wants to redevelop in
there, is probably not interested in just one 1ot, conect? That mazket force, that developer is
interested in maybe combining an acre ar�d one-half in the Hyde Pazk area, too.
Councilmember Bolkcom asked and that is something that makes me happy if I live in that
neighborhood that the density they are already concerned about is going to get higher.
Dr. Burns stated the density becomes higher, but there is also better money in there according to
some very strict standards that would prevent it from being something other than a transit-
oriented development that accommodates those standazds.
Councilmember Bolkcom stated people cannot walk down East River Road to this commuter
rail station so why not the River Road apartments and that whole neighborhood. The half a mile
is the magic number here.
Mr. Hickok stated through studies nationally, half a mile is what people will walk to catch a
mode of transportation.
Councilmember Bolkcom asked but he also mentions it is an opportunity because she would
think everything that is in this little azea in Hyde Park, that is all within a half a mile of the rail
station, too.
Mr. Hickok replied every bit of it.
Councilmember Bolkcom said she also thought she heard him say something about it also being
part of getting on a bus and going to the commuter rail station.
Mr. Hickok stated University Avenue would be also included. It would also include Gateway
Northeast and those undeveloped properties where the buildings aze being demolished. It would
include that side of Universiry and there are bus stops right there. It would be a huge void to not
have Hyde Pazk in the center of where buses stop along University and where the train stops on
Main Street.
Councilmember Bolkcom stated she is sure everyone in the neighborhood would like to have
better lighting and better sidewalks and have them maintained. She is not sure density is an issue
they aze interested in.
Mr. Hickok stated density is not going to happen unless the market suppoRS it and density is not
happening now in the marketplace. It also does not happen without Council's review and the
Planning Commission having a public hearing. They have the broadest discretion in the azea of
zoning as a Council. They have the ability to say it does not work for Hyde Park. They have
that safety net. They are not giving blanket approval by doing a text amendment here allowing a
TOD. They aze only opening the door a crack to possibly get some new and exciting
development. It is puzzling to him that they heaz about new development being an enemy to
people when, frankly, new investment in the community is typically a good thing and is what
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 20ll PAGE 24
people are interested in and would like and it protects in this TOD single-family homeowners.
They are protected unless they decide, and they have an arms-length agreement with somebody
else to sell, they are comfortable right there and get to stay there. In fact if you adopt the Hyde
Park amendment they get to increase another 10 percent and put a porch or family room on. It is
not meant to hazm them. It might put some new investments in their neighborhood which staff
thinks would be a good thing. It has not happened since 1978 without the City's help.
Councilmember Barnette stated one of the things Ms. Gabel fought very hard is not to get in to
the townhome kind of situation. Under this TOD if he were a developer and he came in and
bought three single-family homes side by side could he then build one of those 45-foot high
brownstones on that piece of property?
Mr. Hickok stated first of all, a developer would probably do it on a contingency because it
would be cleaz from the TOD ordinance that you do not get it automatically. You would
probably want to see if you could tie up some pieces of land and consolidate parcels like the City
took 10 years to do in Hyde Park in order to get the 16 single-family homes. If the developer
was able to put together the land deal, it would just be on a contingency to see if the Council
would support it.
Councilmember Bamette stated but it would be given the opportunity to come to Council or
Planning Commission and ask that question.
John Anderson, 5909 — 2"a Street NE, said he is there representing his group in opposition of
Text Amendment 11-03.
Mayor Lund asked if everybody in his caucus in that district is against this.
Mr. Anderson replied, everybody who he has spoken to.
Councilmember Bolkcom asked if he lived in the neighborhood.
Mr. Anderson replied he lives in the neighborhood and is the representative from Hyde Park
specifically as well. In their Constitution as well as a full committee vote when he was elected
chairman he is allowed to speak on the behalf of the group. He is here representing his group in
opposition of Text Amendment 11-03. Many who support this text amendment will make the
statement that the text amendment is not a referendum on Northstar Commuter line when in
reality that is exactly what the text amendment is about. The Northstar Commuter line is a
disaster and a failure. Its only purpose is to steal taxpayer money to combat the flawed belief of
manmade global warming. The Northstar line has cost $317 million and cunently costs Qver $16
million to operate every year with $3 million coming back in from ridership. Another way of
explaining this is the train costs on average $22.37 per one-way trip overall with the rider paying
$3.74 of that. Public transportation assists in creating a vibrant environment for commerce
which is why it is okay to be subsidized to some level. The Northstar line is a project that was
not designed to promote Commerce but in fact hinders it by taking $317 million plus $16 million
a year from private capital to line pockets of government bureaucrats. The Northstaz line is
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 25
equivalent to a project that digs a whole then fills it back in. It may provide jobs but there is no
production to show for it.
Mr. Anderson stated if successful, this text amendment will aid in destroying Hyde Pazk
neighborhood's character. An impor[ant reminder to the Council members is they were elected
to represent the best interests of the City, not the interest of mistaken environmentalists, the Met
Council, or the Northstar Corridor Development Authority. It is their opportunity to take a stand
against continued theft of taxpayer money. They ask that the Council try not to be sympathizers
and reject this text amendment tonight.
Pam Reynolds, 1241 Norton Avenue NE, stated at the Planning Commission meeting, she made
a map that had the half-mile radius but did not bring it. She asked what would stop somebody
from changing the boundary later. In the Hyde Pazk neighborhood, their greatest concern is the
45-foot height, the number of properties owned by the HRA along Third Street and what that
could look like if this overlay district is put into place. Not to mention the string of multi-family
housing that sits along 2%z Street. She could see a developer buy the apartment buildings
because he can build 45 feet high. Mr. Hickok pointed out that there are no developers beating
wanting to buy these properties. Once the economy turns around and this language is in place,
there will be nothing except the Council to stop them from doing it. That is her fear. Once they
change the language, what kind of legal bind does that put them in to conform to the language
they changed to?
Ms. Reynolds stated when she was out in this neighborhood she explained very concisely to
people what happens if the TOD goes into place. She told them the previous language would do
this. It is the TOD that suffocates your S-1 zoning because the S-1 zoning now is preriy much
null and void if the TOD goes into effect.
Pat Gabel, 5947 — 2%z Street NE, stated she thinks this TOD is in the best interest of Hyde Pazk.
She thinks it gives them the opportunity to be flexible. They had no opportunities in there. They
keep talking about since 1978. Nothing has happened since long before that time. It is way past
time. She does not know what is going to happen in here, but she trusts Council is going to do
the right thing. She does not expect to see 45-foot apartment buildings being put up all over
Hyde Pazk. She does not think that is going to happen. She knows what the HRA plans are
along Third Street and that is to continue the single-family dwellings. She does think there is a
lot of feaz mongering that is going on when you teli people that these 45-foot buildings can go up
and might go up. That is not fair. It is not consistent with what they are trying to do here. They
aze trying to build a better place to live. We all need to work together to do that and look at the
potential and the possibilities.
Audrey Nelson, 250 — 6151 Avenue, stated she lives in the Hyde Park neighhorhood. She does
not view Pam Reynolds as being a fear mongerer. She actually has just been voicing a number
of things that Ms. Nelson and a number of her neighbors were already thinking in the first place,
and she has been the person who has been able to explain things to most of them. They do not
understand the language. They do not understand the text. She actually has been very helpful.
Their neighborhood does need revitalization. She finds herself feeling a little bit resentful when
she keeps hearing that nothing is taking place in the neighborhood. She takes very good caze of
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 26
her house. Her neighbors take very good care of their houses. It is kind of disrespectful to those
of them who do take good care of their homes to hear that nothing is happening in the
neighborhood. Things are happening. 5he disagrees with this TOD district. She did some
research of her own. The purpose of a TOD development district is to create higher density and
promote the use of public transit. Well, of course, public transit, yes; but it is creating higher
density that her and her other neighbors aze nervous about that. Tonight is actually the first time
they have actually heazd where that is part of the purpose. They have a distnxst of what is going
on here.
Mayor Lund stated he thinks Ms. Nelson made some reasonable comments. He thinks there is
always some distrust in government. The petition has been signed, and he does not doubt that
Ms. Reynolds and others took a considerable amount of time to go door to door and were as
unbiased as they could be although adamantly opposed to it. He would hope that the staff's
presentations and the discussions from the public hearing from the Planning Commission and
now here that some people have some of the fears at least alleviated. It means more to him if
people who sign the petition or people who have an interest and do not know come to the
Council meetings and get a lot of their fears allayed or questions answered and get the whole
picture.
Mayor Lund stated this does not mean that he does not disagree or that he wipes out this whole
petition thing. He does not think for one minute that given more time more people would sign
the petition, but he really questions whether they really know what it is all about. There was a
lot of discussion about the first text amendment, and he did not see anything negative about it.
Mayor Lund stated he understands the concerns about the height change. He understands
staff's point of view, too, that it is inconsistent with the rest of the community. However, there
were some differences made a long time ago. He also sees the argument from stafPs point of
view that they are trying to help this area. Ms. Nelson mentioned that she is not against
redevelopment or improvements. He thinks that the staff is honestly trying to aid a couple of
neighborhoods. There has been talk about Georgetown Court Apartments, the Charles Street
Apartments. They looked at that with the HRA several yeazs back to see if there was anything
that could be done to aid that azea. There are people who do maintain their property and keep it
up and in good order in that neighborhood but there is also a lot of aging and degradation that is
slowly occurring there. He sees some of the arguments and the validity to the arguments, the
concerns and the feaz.
Mayor Lund stated it appears there is a concem because the HRA is buying up more scattered
sites. The ones they recently tore down on 2%2 Street were very bad and no way even livable.
He thinks the neighborhood should be thankful the HRA bought them. Get rid of the blight and
allow a developer to come in and put single-family houses back on those lots. Regazding the feaz
they are going to build a four-story apartment building, he does not see it as being realistic
especially with the restrictions of the overlay district.
Mayor Lund stated regarding Ms. Reynolds stating the overlay disuict smothers the S-1, the
underlying district still exists. It certainly creates some opportunity. He is somewhere in the
middle. He understands staff wanting to aid the community, but the neighborhood is saying, no
FRIDLEY CITY_ COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 27
thanks. At least some of them. He does not know if that is broad based. The petition tends to go
that way. Also the petition talks about the first text amendment changes. He did not see there
was an issue there. The petition says disallow both and he does not know why they are so
negative on the first one. Staff made a good presentation. He has to determine whether it
overrides the concerns and fear of government intrusion. He wished more people would be here
so he could get a better, clearer picture from the entire neighborhood rather than just the petition.
Councilmember Bolkcom stated when people sign petitions sometimes they feel they really do
not have to come to the meeting and feel their voice is going to be heard by petition. She asked
what happens if they take Hyde Pazk out of this equation? She is not comfortable with this
hersel£ She is worried about that someone could come in and buy up a couple of foreclosures.
She thinks it is that whole maintenance issue. We have maintenance issues now on 57`� Avenue.
What guazantees aze there if someone comes in within this area to take care of snow, etc.? Right
now we know that MTC does not take care of the snow and there is garbage there. The 60-day
agency action law is up next Monday. Could they have a couple of neighborhood meetings?
Mr. Hickok stated it is Council's prerogative to take Hyde Park out of the TOD. This is only a
staff recommendation that has come through the Planning Commission to them.
Councilmember Bolkcom stated but it is not a detriment to the total TOD.
Mr. Hickok stated it is CounciPs prerogative.
Councilmember Bolkcom asked how hazd it would be to bring it back.
Mr. Hickok asked to bring Hyde Pazk back in to be part of the TOD later.
Councilmember Bolkcom replied, yes.
Mr. Hickok stated it would be a text amendment going through the Planning Commission and
come back to the City Council and the boundary would be redefined then to include it. As faz as
the landscape and snow removal, just like our ordinances right now there is Code enforcement
requirements for maintaining the property and the right-of-ways. There is a certain amount of
self-policing going on especially with this type of development that you would likely see
happening in a transit-oriented development.
Councilroember Bolkcom asked if they could force them to do it.
Mr. Hickok replied absolutely you could and they would. As faz as the landscaping, it is the
same type of thing. Landscape maintenance as seen in the language is pretty cleazly defined. It
is necessazy. The 60-day law is up next Wednesday. It sounds like they need more time and the
Council has, again at their discretion, the ability to extend the amount of time that they would
need to evaluate something like this. They do under the law have another 60 days, and he would
recommend just like with any other development that they put a letter to the file as to what it is
that will cause them to need the additional time.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 28
Mr. Hickok stated it sounds like it would be beneficial to talk to the neighborhood.
Councilmember Bolkcom said they deal with rental housing all over the City. It is also about
the future. She thinks the issue is it is one thing if it is one house but if it is another when it is
apartment complex that is not maintained. It is the issue of high density and maintaining the
property and screening the clients that live there.
Mr. Hickok stated he does not think any of them has predetermined this would be rental. Again,
if the market were there, they would like to see developers who are looking at rental but
oftentimes what happens in transit-oriented development is owner-occupied development.
Ms. Jones has mentioned that they have viewed other transit-oriented development in the country
and saw very nice, high quality, well-maintained propeRies that he thinks they would be proud to
have as neighbors. If people do �ot think that can happen, just remember not too long ago when
the mazket was mazginal and the Gateway East development was built. Initially people were
really skeptical about it. The units sold faster than the developer could build them. The price
was going to be in the mid-$100,000's and the cheaper units were sold at $175,000 and up to
$200,000 range, far exceeding expectations for that time. If the market is there; the market will
yield some nice stuff. They are not saying that is what would end up there. It is opening up
opportunities for them to later view through a public hearing process and decide whether they
want it.
Councilmember Bolkcom stated to Mr. Hickok that he and Ms. Jones had the advantage of
being at other TOD's in other communities and around the United States. She thinks one of the
issues here is that not everyone has had that opportunity. Can he point to any places that
someone might have a neighborhood at all like Hyde Pazk that has done something like this in
the metro area? That is one of the reasons she would like to see the public hearing continued and
delay the first reading, because she would personally like to explore some of that a little bit
more. She thinks given the 60 days they could do that. It might change some people's minds
who live in that neighborhood. It would give the neighborhood an opportunity to heaz both
sides.
Mayor Lund stated he has heard from people that it is not enough time for them to digest it all.
There is the fear of the unknown and the fear that they are taking something away from them.
Council and staff aze not looking to do harm to the neighborhood. He would like to see more
people participate, and likes the idea of calling a neighborhood meeting. He hopes they come
wanting to find answers to their concerns and their questions. Maybe they will see the benefits.
Councilmember Bolkcom asked Attomey Knaak if they should continue the public heazing or
close it. She prefers to have it continued so they could have a neighborhood meeting.
Fritz Knaak, City Attorney, stated by continuing the public hearing they would allow for
additional public input on the record this evening as a decision-making basis for whatever they
want to do.
Councilmember Bolkcom asked as faz as the first reading at the next meeting, that could be just
language to continue/
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 29
Attorney Knaak stated he is not sure they would be in violation of the 60-day rule in this kind
of case. If it is not based on an application coming in and, if it is a legislative matter, having to
do with rezoning and is something they initiated. He knows that issue has been discussed here
and it probably would not be a bad idea which is what staff said to put something in the record
indicating a desire to extend it. Since they aze not dealing with a response to an application for
rezoning or anything like that, they do not need to worry about.
Councilmember Bolkcom stated they could actually do that at the next meeting because it could
be on the agenda and they could read it into the record.
Councilmember Saefke asked if they were just talking about the TOD text amendment.
Councilmember Balkcom replied, yes. She asked if they should continue the public hearing and
leave the date open.
Attorney Knaak replied yes.
Dr. Bums asked Attorney Knaak if they could continue a public hearing indefinitely. Typically
when you continue something indefinitely that kills it.
Attorney Knaak replied, it does not by deSnition kill it, just as a matter of practical effect, it
can.
Councilmember Bolkcom said she would like to continue the public hearing until they have had
a neighborhood meeting and received more input.
Mayor Lund stated within the next 60-day requirement cycle.
Attorney Knaak suggested they set it on for a month from now.
Mayor Lund stated he thinks it should be two months from now.
Councilmember Bolkcom suggested continuing the public hearing until April 11, 2011.
Mayor Lund asked if it fit within the next 60 days.
Mr. Hickok he stated he did not know if they could get the first and second reading then if they
put it out that long, although Attorney Knaak said the 60-day piece is not an issue. He just thinks
with the members of the audience having a trust issue, he does not want them to think there is an
automatic approval by them not acting on it.
Councilmember Bolkcom stated they can have the first reading on the agenda on February 14,
2011, and at that point they can read into the record the need to further study and have discussion
and input from the neighborhood and still be within the limits by having it on April 11, 2011.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 30
Mayor Lund stated he thinks they are stretching it out as faz as they can to give staff ample time
to put a neighborhood meeting together and allow people time to attend it.
MOTION by Councilmember Bolkcom to continue the public hearing to April 11, 2011.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING
MOTION CARRIED UNANIMOUSLY
CONTINUED AT 10:21 P.M.
AYE, MAYOR LUND DECLARED THE
AND THE PUBLIC HEARING WAS
Councilmember Bolkcom asked staff when they thought the people i❑ the Hyde Park
neighborhood will be receiving some sort of letter regarding the meetings.
Mr. Hickok stated they will take a look at the calendar. He said it would be reasonable to think
that within the next week to 10 days they will have a notice out about a meeting.
7. Consideration of a Text Amendment TA #11-02, by the City of Fridley to Consider
Clarification of the Existing Master Plan Amendment Fee and Review Procedures
in Section 205.24 of the Fridley Zoning Code.
MOTION by Councilmember Barnette to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 10:22 P.M.
Ms. Jones, Planning Manager, stated this text amendment is related to the S-2 redevelopment
district as far as the master plan amendment in the Code. The S-2 redevelopment district master
plan applications including master plan amendments have always been charged an application
fee. The cunent fee is $1,500 which was set in 2004 and was looked at again in 2009 when they
did a fee study. Staff is not proposing to change that fee. The S-I Code language does not state
in the Code that there is a fee and it does not refer to Chapter 11 where the fees are listed in the
Code. So many of the developers are looking at the Code on-line and reading that language.
Ms. Jones stated staff proposes the City amend the Code to refer to the fee that the City has been
charging over the past several years. In addition, staff proposes amending Chapter 11, our fee
section of Code to include this fee and to update some other fee changes as well. They were
planning to bring those fee changes to them at the next Council meeting on February 14. They
will have to talk about this now because one of the changes proposed was the TOD fee.
Ms. Jones stated Section S.B. of Chapter 205.04 states the HRA must submit a report to the
Planning Commission and City Council. While the HRA has been notified and given an
opportunity to comment on S-2 redevelopment applications in the past, the Authority has
typically done so to City Council. The City would probably be able to meet the 60-day action
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 31
requirements as they were just talking about in the previous text amendment if the Code were
actually followed as written particularly now since the Planning Commission only meets once a
month.
Ms. Jones stated the Planning Commission review the proposed text amendment at a public
hearing on January 18. They unanimously recommended approval. Staff concurs with the
recommendations and in changing Section 205.24.S.B(3) to state, "Review and recommendation
to the City Council from the Fridley Housing and Redvelopment Authority." The HRA will still
be reviewing these proposals as they always have been, but their comments would come to the
City Council. They would not be prepazed in time for the Planning Commission level. This is
what they have been doing, and they just want to make sure the Code states clearly what the
City's process is.
Ms. Jones stated the process for review is holding a public hearing tonight and having the first
reading at the next Council meeting. The text amendment to Chapter ll does not require a
public heazing. It only requires a first and second reading, and they were trying to get these on
the same calendaz. The second reading being on Mazch 14. They will have to talk about actually
having a third look at Chapter 11 fees because she knows the Fire Department is looking at
bringing forth some recommendations for changing their rental fees as well.
Mayor Lund asked if she was suggesting they delay this action.
Ms. Jones replied, her suggestion is to at least move forward with this. She would hate to see
this sit for a couple of months.
William Burns, City Manager, asked is the TOD fee specific to this or is it a general fee for
TODs.
Ms. Jones replied it would be a new line item in Chapter ll fees that would list that fee.
Dr. Burns asked for a TOD that might be established.
Ms. Jones replied right. They cannot pass that until the whole Code is in place.
Dr. Burns stated if that is the case then he does not know why they cannot bring it forward.
Councilmember Bolkcom stated but they do not have a TOD yet.
Mayor Lund stated for future TODs. He asked Attomey Knaak if they can have a fee in there
that is consistent even though they might not presently have a TOD.
Attorney Knaak replied there actually is no reason why you could not do it now. The question
they may want to ask is why would you if you do not have it.
Dr. Burns stated or take out the TOD fee and come back with it later and amend it.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 32
Ms. Jones said it does not require a public hearing. She asked if it needed to be published.
Attorney Knaak replied it can become effective on publication. At some point they will have to
publish it but not in advance.
Dr. Burns stated it seems to him they have identified some things that need to be corrected and
the sooner the better. You can take the TOD out and get it corrected as early as possible.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Bamette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 10:28 P.M.
NEW BUSINESS:
8. Resolution Requesting the Coon Creek Watershed District to Expand its
Boundaries to Include a Portion of the City of Fridley Currently in the Six Cities
Watershed Management Organization.
James Kosluchar, Public Works Director, stated Fridley has two watershed organizations within
its boundary: Rice Creek Watershed District and Six Cities Watershed Management
Organization. Rice Creek is a very lazge district. It has one outfall to the Mississippi and
basically splits Fridley down the middle. They perform permitting regulatory functions. They
have an annual levy and full-time staff offices so it is a well-established organization. Six Cities
WMO is approximately 21 square miles. It is in three separate discontiguous areas and there aze
six main outfalls through the Mississippi. The permitting regulatory functions have been
historically through the cities' administration. There is a minimal levy and member cities fund
all the activity within the WMO. There is no staff or offices.
Mr. Kosluchar stated the Six Cities WMO was established in 1983 through a Joint Powers
Agreement with Blaine, Columbia Heights, Coon Rapids, Fridley, Hilltop, and Spring Lake Park.
There were minor amendments to the JPA in 1994 and 1998. The Six Cities WMO joint powers
agreement defines the roles and responsibilities of this organization. They include preparing and
adopting a Watershed Management Plan, reviewing and approving local water management
plans, initiating and completing capital improvement projects, and regulating the use and
development of land in the sub-districts, especially when issues can be resolved at the City level.
Mr. Kosluchar stated the Six Cities WMO was scheduled to update and submit its third
generation plan in 2008. A draft plan was developed in 2009. This plan was prepared with the
input of Boazd of Water and Soil Resources who is the regulator of watershed management
organizations and districts in the State.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 2011 PAGE 33
Mr. Kosluchar stated the plan is still not complete as it is pending a decision on membership
and continued viability of the six cities. There is definitely potential for a required agency
revision of the plan. In other words, they are going to make the plan more stringent. The
changes in plan requirements have resulted in increased financial obligations for the operation of
the Six Cities WMO and its related projects. We need substantial funding to provide the
required level of service to Fridley residents, and the Six Cities WMO will definitely have to
provide staffing in order to meet these requirements through a contractor or hired staff.
Mr. Kosluchar stated the initiation of this Six Cities WMO plan will require reorganization to
provide these requirements and to provide the direction for these requirements. Currently the Six
Cities WMO does not have legislative authority to levy to provide funding for operating. While
this was investigated some months ago, it was determined by the Six Cities WMO attorney that
legislative authority was required. It was reviewed by board representation, and they found it
was just not feasible at this time. There is only one WMO that has that legislative authority and
that is the Mississippi WMO.
Mr. Kosluchar stated there aze some viability and funding issues. Not having a levy makes it
difficult to perform the functions that aze necessary for the Six Cities WMO. Funding options
are storm water rate surcharges or a special taxing district, both initiated by a city. There are six
cities in the organization, so it is very difficult to get everyone on the same page. Future
activities will be regulated to minimize the level of service and cost choices over the long term.
The Cities of Blaine and Coon Rapids have committed to leaving the organization and part of the
reason is because of the lack of funding and because the requirements are becoming more and
more stringent. They just do not see the Six Cities WMO as a functional vehicle to cany out
modern watershed management.
Mr. Kosluchar stated the Six Cities WMO would have to develop a new organizational
structure in a short time frame and comply with the regulatory requirements. BWSR has
expressed that Six Cities WMO needs to perform at a higher level and outlined options for the
Six Cities' boazd to consider. One of those is if continuing to operate with four or fewer cities,
continuing operating as the Six Cities WMO only if special levy legislation is obtained. Staff
has explored the possibility, and it seems very unlikely that this could happen in the near future.
The third option is to dissolve the JPA and discontinue Six Cities WMO completely and enjoin
adjacent watershed agencies.
Mr. Kosluchar said we only have two options. One is the Six Cities WMO. Without a drastic
turn around and in talking with board representation, staff sees the possibility of dissolution of
the Six Cities WMO some yeazs down the road even if they try to maintain it. There is no
indication that the member cities are really inspired to modify the workings of the Six Cities
WMO. It has been a minimally-functional WMO which is fine. It performed its purpose, but the
regulatory environment is more complicated now and it is difficult to carry out that mission with
just staff resources from each city.
Ma Kosluchar stated the other option is working towazds joining other WMOs adjacent to us.
Rice Creek Watershed District and the Mississippi WMO aze very structured and have a high
level of service. Coon Creek Watershed District in the north is more in line with what Six Cities
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 34
WMO should be performance-wise and service-wise. All these agencies have independent
taxing authority. Watershed districts automatically have that authority. Mississippi WMO has
that authority in the State.
Mr. Kosluchar stated the City Council asked that staff and the board representative develop and
review alternatives. Staff has spoken with the three adjacent WMO agencies: Coon Creek, Rice
Creek, and Mississippi. They had interviews with the Coon Creek Watershed director and the
Mississippi WMO director. They aze familiar with Rice Creek and work with them on a regular
basis in Fridley. Two of the three cities that aze adjace�t, Spring Lake Pazk and Columbia
Heights also deal with Rice Creek. Staff invited those three cities to present their questions
when they had interviews with the two directors.
Mr. Kosluchar stated one of the things that was developed after their meetings was an estimated
annual cost comparison. The variation is lazgely due to what services they provide and what
capital funding is included within the umbrella of the organization. For instance, Mississippi
WMO is a capital feasibility in that they contribute a higher percentage of their budget for a
capital project than Coon Creek, for example. Obviously Six Cities WMO has a very minimal
capital budget at this time. What staff does know is that while there is a wide range in these
agencies and in the annual cost, they do see them turning towards a similar level just because of
the regulatory environment driving each individual district towards a particular level of service.
Mr. Kosluchar stated staff recommends moving towards the Coon Creek Watershed District
and the Mississippi WMO. The cost of the other agencies is greater, but the level of service is
higher and more geared towazds existing activities required in future regulations. These
organizations provide an added level of service, opportunity, and improvement the Six Cities
WMO would be unable to provide. Each agency has existing staff, program project budgets, and
they are able to access outside funding to serve member communities.
Mr. Kosluchar stated there are a few reasons why they would like to move in this direction.
While they prefer to have the low cost Six Cities WMO function and serve the area properly, the
regulatory climate is not conducive to a favorable change; therefore, the revenue situation is not.
The cities of Blaine of Coon Rapids expressed their desire to move towards the Coon Creek
Watershed District. Watershed management is generally more effective if you are dealing with it
on a watershed basis that is along the watershed boundazies, rather than political boundazies. It
would make it more complicated if Fridley and Spring Lake Park were to hold onto this area of
six cities and kind of split the watershed.
Mr. Kosluchar stated the Mississippi WMO has strong revenues. Larger downtown densities
actually pay a lazger share of costs. Obviously that tends to benefit less dense azeas because
there is a higher tax base supporting them. Both the north Six Cities WMO and south Six Cities
WMO azea in Fridley have similaz land use geography to these respective neighboring
organizations. Both these agencies, therefore, would be effective in dealing with storm water
issues in these areas. The ability to levy is very important because both of these agencies can
respond to the regulatory environment. Neither agency has voiced any opposition to
incorporation. Staff recommends approving the resolution requesting that Coon Creek Watershed
District expand its boundazies to include the portion of the City of Fridley currently in the Six
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 2011 PAGE 35
Cities WMO lying north of the Rice Creek Watershed District and for Coon Creek Watershed
District to petition BWSR to approve the changing of boundazies. It is north of 73`d Avenue,
west of Trunk Highway 65 to East River Road and goes to Rice Creek which is kind of the
dividing line. Everything north of Rice Creek Watershed District would go to Coon Creek.
Mr. Kosluchar stated the second resolution is similar. Other than petitioning the south azea into
the Mississippi WMO, it asks the Mississippi WMO to include a portion of Fridley and to amend
its JPA to include a portion of Fridley and include us as a member with representation.
Councilmember Bolkcom stated she was at the Coon Rapids meeting when BWSR was there.
She thinks they were pretty stern saying they were not going to give the Six Cities very long to
get things done. They were sort of disappointed in that if something was not done relatively
soon back in October 2010 they could basically disband and we could become part of the
County. Would this be another option?
Mr. Kosluchar replied that is correct.
Councilmember Bolkcom stated Rice Creek Watershed District was not really interested in this,
right?
Mr. Kosluchar replied right. He spoke with the director early on when there was some
discussion about Blaine possibly leaving. His impression was that Rice Creek has a pretty
focused mission. It is obviously within that one watershed and is a very large area. Having that
very lazge azea, it is difficult for them to carry the message that there aze some azeas that really
do not drain into the watersheds that aze impacted by a property 20 miles upstream, and the
property 20 miles upstream is paying for that district.
Councilmember Bolkcom stated and right now because Six Cities WMO did not have any
taxing authority, any budget money had to come out of the general budget and so basically it was
being paid for by all the residents. The Rice Creek Watershed District is paid by the
homeowners that aze in that watershed. This straightens this in the sense that going to these two
other watersheds would allow people to be taxed accordingly because they have that taxing
authority.
Mr. Kosluchar replied that is correct. It balances out.
Councilmerober Bolkcom asked if there is any chance they would have a representative on
either one of these organizations.
Mr. Kosluchar replied he believed the Mississippi WMO's director indicated that if the cities of
Fridley, Columbia Heights, and Hilltop would go into MWMO that he thought that it was
definitely possible to get two representative seats.
Councilmember Bolkcom said they do have a project that we have been working with some of
the residents and this would give the City an opportunity to use some of those resources that are
at the Coon Creek.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2011 PAGE 36
Mr. Kosluchar replied yes. When you have two agencies applying for any funding, that always
carries more weight.
Mayor Lund stated people will see a change in the line item on their property tax statements
with the City going away from Six Cities. Those who aze outside of the Rice Creek Watershed
District have not seen any costs for the services and they will now.
Councilmember Bolkcom stated this is a fee that would actually be by another agency. She
asked Attomey Knaak to expand on this.
Fritz Knaak, City Attomey, stated the Charter does provide. He thinks the concern was that
because this is a likely fee, a new fee almost for a certain percentage of the population of the
City, whether this would be against the City Charter provision which requires a vote before every
fee increase. This is not that kind of fee increase. It is outside the Charter and that increase is
not something that would require a vote.
MOTION by Councilmember Barnette to adopt Resolution 2011-10. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Resolution Requesting t6e Mississippi Watershed Management Organization to
Consider Amending its Joint Powers Agreement to Include Membership of the City
of Fridley and Expand Its Boundaries to Include a Portion of the City of Fridley
Currently in the Six Cities Water Management Organization.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-11. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom asked Mr. Kosluchaz what aze they looking at for a time frame.
Mr. Kosluchar replied the Six Cities board meets on Thursday and the resolutions will be
presented. The resolutions will be provided to the neighboring watershed organizations. Coon
Creek has mentioned they are actually holding off on their planned boundary change after
receiving the Blaine and Coon Rapids requests pending this meeting. His understanding is both
of these organizations may have this structured so they have revenue flowing in 2012 from these
areas.
10. Informal Status Reports
There were no informal status repoRs.
CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 14, 2011
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT:
OTHERS PRESENT:
Mayor Lund
Councilmemberat-Large Bamette
Councilmember Saetke
Councilmember Varichak
Councilmember Bolkcom
William Burns, City Manager
Fritz Knaak, City Attomey
Darin Nelson, Finance Director
Layne Otteson, Assistant Public Works Director
John Berg, Fire Chief
Julie Jones, Planning Manager
Deb Skogen, City Clerk
APPROVAL OF PROPOSED CONSENT AGENDA•
NEW BUSINESS
1. Claims (149666-149754)
APPROVED.
2. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded
by Councilmember Vazichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember
Saefke.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14. 2011 PAGE 2
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No one from the audience came forwazd.
PUBLIC HEARING
3. Consider Issuing a 3.2% Malt Liquor and Wine License to Naveen Shrestha of
Shrestha Group, d/b/a Himalayan Restaurant II, Locate at 765 53rd Avenue N.E.
(Ward 1).
MOTION by Councilmember Bolkcom to waive the reading oF the public hearing notice and
open the public heazing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
7:33 PM.
Deb Skogen, City Clerk, said the building is located at 765 53`d Avenue NE and was previously
licensed as India House. Mr. Naveen Shrestha is the applicant. The building is being leased to
Himalayan Restaurant II for a period of one yeaz. The notice of public heazing was published in
the Fridley Sun Focus on February 3, 2011. Mr. Shrestha has paid all required license fees. The
restaurant facility serves up to 96 persons. Mr. Shrestha is in attendance this evening to answer
any questions you may have regazding the issuance of the liquor licenses. Staff recommends
holding the public heazing.
Mayor Lund asked how long the business has been open.
Naveen Shrestha, applicant, said they took over the space on January 1.
Commissioner Saetke asked if he was aware of the ratio of food to liquor.
Mr. Shrestha answered yes.
Commissioner Saetke asked about the one-yeaz lease.
Mr. Shrestha said the landlord said this is a one-year lease with an extended option of five
years.
Councilmember Bolkcom asked if Mr. Shiresta had liquor licenses in other establishme�ts.
Mr. Shrestha answered yes.
Councilmember Varichak asked what the hours of operation would be.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14. 2011 PAGE 3
Mr. Shrestha said from 11:00 a.m. — 2:30 p.m, is the buffet and 430 p.m. — 9:00 p.m. are table
services.
MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT
7:35 PM.
4. Consider an Ordinance Declaring the North Half of Vacated 73 '/: Avenue Excess and
Authorizing the Sale Thereof (Ward 2).
MOTION by Councilmember Varichak to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
7:36 PM.
Scott Hickok, Community Development Director, said in November of 201Q Ashland Oil,
owner of the former Valvoline, at 7315 Hwy 65, received approval for the vacation of a portion
of 73 %z Avenue, just north of their site. Ashland is in the process of selling that property to Mr.
and Mrs. Jim Uthe.
Mr. Hickok said in mid-December staff received a request from Mr. and Mrs. Uthe, requesting
the ability to purchase the north %z of the vacated 73 '/z Avenue that reverted to the City when the
street was vacated. The Uthe's have determined that by acquiring this additional land, they will
have the adequate room they need to install a hazd surface driveway, with a few parking stalls,
curb and the code-required screening and landscaping needed for their business.
Mr. Hickok said City staff has determined that this vacated right-of-way could be sold to a
private party as long as all the utility easements are retained. Mr. and Mrs. Uthe's aze awaze of
this condition and aze agreeable to it. They have agreed to a selling price of the property of
$7,362.70, which is $2/sq. ft., which Mary Smith the City's Assessor determined was a fair
amount for the City to sell our portion of the vacated street. Mr. and Mrs. Uthe also understand
they will be in charge of all fees associated with the prepazation of the purchase agreement,
closing costs and filing fees related to the sale.
Ma Hickok said staff recommends the City Council hold the public heazing regarding the
potential land sale. Staff further recommends that the first reading of the ordinance be held on
Mazch 14, 2011, if the purchase agreement is ready. If the purchase agreement is not available
for the Mazch 14, 2011, City Council meeting, staff will recommend a postponement until all
necessary documents are ready.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14. 2011 PAGE 4
Councilmember Varichak said there were issues with how they would enter and exit the
property and asked if that was changed.
Mr. Hickok answered no; the plan is to have parking on the south side and sales vehicles enter
on the nor[h side. Pazking will remain in the existing location.
Mayor Lund asked if staff has received any comments since the publication of the public
heazing notice, for or against the project.
Mr. Hickok answered no.
Mayor Lund said Mike and Al Schrader were concerned with vacating or removing the other
access point.
Mr. Hickok said the street is on the east side and so is access on to 73 % Avenue where other
businesses like the Schraders' business would take access. It is in the best interests of business
and fire emergency to have two ways to get in and out and there is no plan to take out that road.
Mayor Lund asked if there was a plan to combine the property on the east end and the salvage
yards making one large parcel which would close the east 73 %z Avenue.
Mr. Hickok said that no formal application has been received in that regard.
MOTION by Councilmember Vazichak to close the public hearing. Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT
7:49 PM
NEW BUSINESS:
5. Resolution Authorizing the City of Fridley to Enter into a Connectivity Services
Agreement with Anoka County for Broadband Services and Authorizing the Mayor to
Execute Said Agreement
Darin Nelson, Finance Director, said staff was prepared to recommend Council authorize the
City to enter into a connectivity services agreement with Anoka County for broadband services.
Due to some last minute changes to the agreement, however, staff recommends Council table the
resolution until March 14.
Mr. Nelson said on December 14, 2009, Council passed a resolution supporting the efforts of
Anoka County to develop a broadband vision. Part of that vision included soliciting
public/private partnerships and Federal funding. Since that time, Anoka County has entered into
an Agreement with Zayo Bandwidth to construct a$19.1 million fiber optic backbone. Funding
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14. 2011 PAGE 5
consists of $13.4 million from the Federal American Aecovery and Reinvestment Act (ARRA),
along with Anoka CounTy and Zayo Bandwidth each contributing $2.9 million.
Mr. Nelson said even though Fridley is only part of the overall project, laying a fiber network is
an expensive undertaking and a self-funded fiber project by the City would be cost prohibitive.
As par[ of the county-wide, federally subsidized project, the City stands to gain benefits far in
excess of its investment. These benefits include: High-speed connectivity to not only remote
city locations, but other locations such as Anoka County and the State of Minnesota; increased
collaboration between agencies allowing for more efficient use of applications, and enhanced
emergency services by creating 800MHz radio tower connections. There aze community
benefits as well.
Mr. Nelson said this fiber network will be owned and operated by Zayo Bandwith, a private,
company, which will allow service to local businesses and homes. Having this type of
infrastructure in place can be a rea] engine for economic growth. Site locations within the city
include City Hall, the Public Works Garage, Springbrook Nature Center, the Community Center,
Fire Stations 1, 2, & 3, Commons Water Treatrnent Plant and various other County and School
locations. The Connect Anoka County project provides the City with an exciting opportunity to
increase the efficiency and efficacy of government, while also being a potential catalyst for
business growth.
Commissioner Kordiak, Anoka County Commissioner, said he is anxious to see each
jurisdiction in Anoka County participate in this project. The plan is to bring $20AM or 250
miles of fiber to Anoka County at a reasonable fee and it will be good for all of us. The key is to
bring the agreement to conclusion.
Mayor Lund asked what the expected cost for the City's portion of this project would be.
Cindy Kevern, Information Services Director for Anoka County, said this is a$19.OM project.
The amount of $13.OM will be funded with grant fixnds, a match of 30%, 15% paid by a private
sector, and 15% paid by the County. The 15% paid by the County will be issued by bonds. The
County is looking for partners to participate in that and arrange in a fee charging method. The
estimated cost for ]00 meg will be $75 per month and 1 gig of service $400 per month. Fridley
is looking at seven locations; three at 100 meg and 2 at 1 gig. The other two locations currently
aze not connected and equipment will be put in those locations to receive connectivity later.
Mayor Lund said the monthly fees would be supported by bonds and not a big lump sum of
money would be due up front.
Councilmember Barnette asked about the advantages for the City.
Ms. Kevern said building fiber as the backbone through Anoka County would connect all
government entities; county, cities, school, fire, police, eta This will give great service at a
reasonable rate, even below market rate. Some of the benefits to the community as a hole
include getting service to northem Anoka County residents where they are currently lacking
service. It will also help economic development.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 6
Mayor Lund asked the IT Manager for the City why this is a good thing for Fridley.
James Erickson, IT Manager, said that Ms. Kevern covered a lot of advantages. Fridley does
have several remote locations where we do not have hi speed intemet because costs are too high,
such as Springbrook Nature Center. This allows to inner-connect with other government
agencies like school districts, Anoka County and the State of Minnesota. The current service is
acceptable but there aze slow connections to those entities. This will also create business growth
because businesses are looking for this. As faz as savings for the City, the net cost will not be
completely offset but for remote azeas, there would be a cost savings.
MOTION by Councilmember Bolkcom to receive into the record the four documents that were
received prior to the meeting. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Councitmember Bolkcom asked about the agreement that was received today.
Mr. Nelson said it is an updated version and staff wants to make sure everything is covered
thoroughly which is why they aze recommending tabling this item until March 14.
Councilmember Bolkcom asked if the fee for Zayo to come in and go through the proper[y will
be waived.
David Minke, Deputy County Administrator, said that any fee to get from right of way into the
facility will be waived.
Councilmember Bolkcom said that there will be a fee for right of way access.
Mr. Minke answered yes.
Councilmember Bolkcom suggested listing names for contacts, not persons names as that will
change.
Mr. Minke said that could be changed but in most instances it is likely to have the chief elected
official as contact. It can be customized to each city.
Mr. Nelson said that can be revised for the next reading.
Councilmember Bolkcom asked about the costs listed and how the expenses would be paid.
Mr. Nelson said that some expenses wili be a shared expense with the school district.
Mr. Minke added that some sites will have multiple tenants and fees will be split among the
tenants.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14. 2011 PAGE 7
Councilmember Bolkcom asked about the automatic renewal.
Mr. Minke said the provision would require affirmative action and a notice would be given upon
renewal.
Councilmember Bolkcom asked if the renewal request would come to Council for approval.
Mr. Nelson answered yes.
Fritz Knaak, City Attorney, said no formal review would be needed which makes it easier as
there is no need to renegotiate the entire agreement. Normally it would automatically renew
unless there is another provision.
Councilmember Bolkcom said the resolution reads "upon written agreement." She asked what
that meant.
Attorney Knaak said that is the agreement provision, which has to be in writing. The term is
for five years and can be renewed for an additional period of time.
Councilmember Bolkcom asked who has the authority to do that.
Attorney Knaak said there would be someone from both parties, on behalf of the City/County
for intent to renew.
Councilmember Bolkcom asked how the City would know it is up for renewal or when to
present any issues.
Attorney Knaak said staff would bring issues to Council's attention along with any renewal.
This language is similaz to the language on leases with towers for cell phone agreements. The
Engineering Department would call it to Council's attention and normally agree to resolve and
renew.
Councilmember Varichak asked if what they were purchasing would be sufficient for what the
City's needs.
Mr. Minke said he could not guarantee but the beauty of fiber is that it can be scaled quite well.
Right now we have spec-out connections with what we think we will need in the next 5-7 years.
William Burns, City Manager, asked if there would be a conflict with other franchises like
Comcast. He asked if Zayo would be selling commercial access.
Mr. Minke said question has come up and they aze working to make this agreement not impact
what may already be in place with Comcast or other providers.
Dr. Burns asked about 4C where it states that Zayo would use equipment housed in the City
facility without any charge even though the equipment is on our proper[y. In another section it
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14 2011 PAGE 8
states that the equipment would be replaced at our cost. He asked if the City's portion would be
a prorated shaze or the entire cost.
Mr. Minke said the City would pay the prorated shaze of the equipment in their facility. If it
was a shazed location with the school, the rate would be prorated as well. Your service on your
site is dependent on your equipment.
Dr. Burns said the City is looking at a tower for fixed meter reading technology and was told
this system could be useful for that process. All tower locations have not been located yet. He
asked what would happen if a tower was needed where there is no linkage.
Mr. Minke said fiber could be run out to that location to connect. The City could work directly
with Zayo to run the fiber but there would be a cost.
Councilmember Bolkwm asked about repair and service calls. It says Zayo is available 24
hours a day, seven days a week. She asked if they would need access cards to have access to the
building during nonbusiness hours. There may be issues with data privacy.
Mr. Minke said the agreement gives cities the opportunity to provide specific direction to access
sites. No codes or access is necessary. The revised copy details more specific information on
access.
Councilmember Bolkcoro asked if people had intemet probiems at home what the response
time would be. Also what would the response time be for police and fire?
Ms. Kevern said the fiber is built so if there was a cut in the system wires it would still work.
Redundancy is built in the fiber. Anyone on the core ring would continue to work.
Councilmember Bolkcom asked if the fire station was cut if they would still run.
Ms. Kevern said the fire station is on the core ring so it would still work. If repair is needed,
protected repair time is four hours, non-protected is eight hours.
Councilmember Bolkcom asked if four hours is good enough.
John Berg, Fire Chief, said right now we have lines coming into the station that deliver paper
copies of call information. They also have radios to get information.
Councilmember Bolkcom asked how many more cities have to review the agreement.
Ma Minke said they are trying to accommodate as much input as possible. The Assistant
County Attomey will be working with the City Attorney and will wrap this up this week. Within
the next week we will have the final agreement.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14 2011 PAGE 9
Coromissioner Kordiak said this is an important opportunity and benefit for the City. The level
of connectivity will be cost effective and provide a faz greater pipeline than what is in place
today.
Councilmember Bolkcom asked where people can go to find more information about this.
Ms. Kevern said to go to www.connectanokacountv com.
MOTION by Councilmember Bolkcom to table this resolution. Seconded by Councilmember
Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
6. First Reading of an Ordinance Amending C6apter 205.23, Related to Purpose, District
Boundaries, Permitted Uses, Accessory Uses, Existing Uses, Excluded Uses, Lot Width,
Lot Coverage, Setbacks, and Refuse for Properties within the S-1, Hyde Park
Neighborhood Zoning DistriM (Text Amendment, TA #11-04, by the City of Fridley)
Julie Jones, Planning Manager, said one of the action steps in the Comprehensive Plan was to
consider amending the Hyde Pazk zoning district to allow redevelopment of property with
existing multi-family housing to new multi-family housing. The Hyde Park neighborhood is
bordered by Main Street on the west, 61 �` Avenue on the noRh, University Avenue on the east
and 57`h Place on the south.
Ms. Jones said staff is proposing to change the permitted uses section in the Hyde Parking
zoning code to match State Statues, which will allow any existing use to be rebuilt, however not
geographically expanded if iYs considered non-conforming. Other modifications are also being
made to the text to update the code and make it easier to interpret and enforce.
Ms. Jones said the City Council held a public hearing on February 7, 2011, for TA #11-04 and
no recommendations were made to modify the proposed text. A public hearing was held at the
January 19, 2011 Planning Commission meeting, for TA #11-04. After stafPs presentation and
receiving comments from the public, the Planning Commission made a motion to approve TA
#11-04. The motion was approved unanimously. City staff recommends the Council hold the
first reading for TA #ll-04. The second reading is scheduled for March 14, 2011, unless
otherwise directed by Council.
Councilmember Bolkcom asked about waiting to approve this until after the neighborhood
meeting on March 7.
Ms. Jones said people may be more confused because the Mazch 7 meeting is related to transit
and involves a larger area.
Councilmember Bolkcom asked who was invited to the March 7 meeting.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14 2011 PAGE 10
Ms. Jones said all 400 properties.
Scott Hickok, Community Development Director, said it is Council's decision whether to table
an item.
Mayor Lund said the March 7 meeting is related to Text Amendment, TA 11-03.
Councilmember Varichak thought that tabling this would be beneficial.
Councilmember Saetke said there wil] be two readings before an amendment takes place and he
agreed with Ms. Jones that people would get the two items confused. People who live in the
Hyde Pazk area may be confused with the language clean-up and the transit-oriented district
items. This is the first reading on this and it would only allow what is there to be rebuilt, �ot
changes to neighborhood. On the transit-oriented district with a multifamily home it can be
approved with a plan. The second reading could be delayed if needed but he did not think the
first reading should be tabled. He did not see any advantage to delaying the first reading. Once
people understand the differences between the two text amendments, they will be more favorable
on this one over the TOD. People need more education on the TOD.
Councilmember Bolkcom said a very small group of people aze present and a lot of people
signed the petition. Usually afrer the first reading there are not a lot of changes to be made. To
delay the first reading would not hurt anything.
Councilmember Saefke said many people that were at the last meeting were opposed to the
TOD. For efficiency sake, he thought there was less urgency to pass the TOD than there was for
a text amendment.
William Burns, City Manager, said they are getting into the construction season and by passing
this eazlier, residents may take advantage of the features of the ordinance.
Councilmember Varichak said she agreed with Councilmember Bolkcom to table this item
until after the Mazch 7 meeting.
MOTION by Councilmember Bolkcom to the first reading of the ordinance. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM VOTING
AYE AND COUNCILMEMBER SAEFKE VOTING NAY, MAYOR LUND DECLARED
THE MOTION CARRIED ON A 4-1 VOTE.
7. First Reading of au Ordinance Amending Chapter 205.24 of the Fridley Zoning Code
Pertaining to S-2 Redevelopment District Regulations (Text Amendment, TA #11-02, by
t6e City of Fridley)
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14. 2011 PAGE 11
Julie Jones, Planning Manager, said the purpose of this ordinance is to recognize that there is a
fee for submitting an S-2 Redevelopment Plan, that HRA review does not need to be a written
report, and review does not need to be complete until the item is heard by City Council.
Ms. Jones said the Planning Commission held a public hearing on January 19, 2011, and City
Council held a public hearing on Febniary 7, 2011. No changes were suggested. The Planning
Commission moved to recommend approval and staff concurs. If Council is satisfied with the
text as proposed, staff will proceed to put the item on for second reading on Mazch 14.
MOTION by Councilmember Saetke to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
S. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to General Provisions and Fees (Land Use Fees).
Julie Jones, Planning Manager, said the changes proposed include the following:
• Adding Comprehensive Plan Amendment fee
• Adding Master Plan (Application or Amendment) Fees
• Removing references to fees no longer applicable (construction trailers, yard waste gate
fees, town house development fees)
• Rewording SUP, adding "permiY' & removing "City" on Vacations & add "Ri�ht-of-Way
or EasemenY'
Ms. Jones said an amendment to Chapter 11 does not require a public heazing, just a first and
second reading. This is the first reading. The second reading is proposed to be held at the next
Councii meeting on Mazch 14.
Councilmember Bolkcom said to add "application" to the amendments so the table would be
application and amendment for the master plan.
Mayor Lund asked if the City has ever charged for construction trailers to be on the job site
temporazily.
Ms. Jones answered no.
Councilmember Bolkcom asked if they needed permission to have a trailer on site.
Scott Hickok, Community Development Director, said they aze aliowed with a permit and they
need to make sure there aze no visibility issues. The trailer would not be allowed without a
permit.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14 2011 PAGE 12
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saetke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to General Provisions and Fees (Rental Housing Fees).
Jo6n Berg, Fire Chief, said the goal of this ordinance is to provide enough revenue from rental
housing inspection fees to fund the rental housing inspection program. For the 2010 licensing
period, rental housing licensing inspection fees were raised by an average of 19%. Fee increases
were applied to the license fee for a dwelling as well as the fee for re-inspection. Revenue for
2010 increased by an estimated $30,000 or 27%.
Chief Berg said the City is currently subsidizing the program by an estimated $26,455. Once
again, the goal is to fund the program through the license fees and not subsidize the program
with property tax. Staff is recommending an amendment to Chapter 11 of the City Code that will
increase fees for multiple dwelling licensing by $25 for the base property fee and $2 per unit for
buildings over four units.
Councilmember Bolkcom asked that a change be made in the ordinance crossing out 10 and
keeping 12.
Councilmember Bamette asked if Fridley is in line with other cities.
Chief Berg said all cities chazge differenUy, but we are in the ballpazk. Fridley is $100,
Columbia Heights $150, Blaine $100, Brooklyn Pazk $110 and Brooklyn Center $300.
Mayor Lund said even with the increase, Fridley is one of the lowest.
Councilmember Bolkcom said inspections need to be covered by fees because it should not be
the taxpayers' responsibility. Inspections need to be self-sustaining.
Councilmember Varichak asked how often proper[ies aze inspected.
Chief Berg said they are inspected every other year.
Councilmember Bolkcom asked if there was a compiaint, would an inspection be done.
Chief Berg answered yes.
Councilmember Saeflce asked if there has been a decline in resident and house fires because of
the inspection program.
Chief Berg said there have not been as many large structural fires as there used to be.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14 2011 PAGE 13
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
Paul Slesar, 44 Locke Lake Road, said he owns a duplex in the Hyde Pazk neighborhood, and he
also has a four-plex in Mahtomedi. Mahtomedi chazges $57 and the propeRy is looked at every
other yeaz. He asked if Fridley could join efforts with other cities to save money on inspections.
Mayor Lund said the overall consensus is not to put a ta�c burden to other taxpayers. We need
the fee to pay for the inspection. We aze in the ball park range, but there may be some cost
savings in sharing with other cities.
Chief Berg said in the budget portion of rental housing there is one full-time position but four
people do the inspections.
Mr. Slesar said some homes in the Hyde Park area have a lot of complaints with multiple police
calls. There should be extra fees added if police are repeatedly called to properties.
Councilmember Bolkcom said rental units can lose their license if they have problem tenants.
If there are enough issues in one complex, the landlord could lose his license.
Councilmember Saefke said there is a difference between calls for service and criminal
complaints. In 2010, 34 calls were made for a 16-unit complex and one person made 10 of the
calls. Many were not legitimate complaints. It is the Police DepartmenYs duty to respond to
any calls that come into 911. Many aze medical, locked out, noisy neighbors etc. A call for
service, however, is not equal to a criminal complaint.
Mayor Lund said staff will continue to look for avenues to cut costs, but the best thing is for
landlords to maintain their rental properties.
William Bums, City Manager, asked if there was a chazge for re-inspection and if owners are
penalized if they are not cooperative.
Chief Berg said there is not a chazge for the first two inspections. The third time there is a$300
re-inspection fee.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
10. Approve Change Order No. 1 from Northwest Asphalt, Incl., for 613� Avenue
Rehabilitation Project No. ST 2009-02
and
Approve Payment of Estimate No. 5 from Northwest Asphalt, Inc., in the Amount of
$39,110.01
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14 2011 PAGE 14
Layne Otteson, Assistant Public Works Director, said this is the mill and overlay from Starlite
Boulevard to Central Avenue. The following is included: Utility upgrades including sewer,
water main, gas and fiber optic; curb and sidewalk repairs; and pedestrian ramp upgrades to meet
Federal and State accessibility requirements.
Mr. Otteson said the project was completed in August of 2010. Change Order No. 1 will
include the following: Replace additional concrete sidewalk; additional boulevard and yazd
restoration (grading, topsoil, seed, and stabilizer); additional bituminous patching to the milled
surface (breaking up); and additional concrete sidewalk.
Mr. Otteson said during the design, staff anticipated allowance of retrofit exceptions would
continue. At beginning of the construction, the MnDOT field inspector informed staff that very
little exception would be considered. Staff inet with the MnDOT inspector on-site to identify
requirements. The foilowing was needed:
• Replaced sidewalk beyond planned limits but staff identified the minimum
sidewalk required
• Additional Restoration
• Adjacent yards required additional grading as the pedestrian ramp and sidewalk
were lowered to meet accessibility guidelines
■ All additional graded azeas required topsoil, seed and stabilizer (mulch)
■ Additional Base Patching
• Areas of the milled surface broke up under traffic
■ Exposed surface areas were broken up (alligatored) or were found to be thin
• Located throughout the length ofthe project in isolated spots
Mr. Otteson said the contractor responded immediately in order to minimize "growth" of the
patch areas. In order to minimize, the Contract requires the contractor to pave within 5 days of
milling. The funding impacts include Change Order No. I for a cost of $38,51037; and the
contract increases to $557, 171.23. This is paid using the City's MSA account. The MSA fund
balance in good shape (per JPK) and the City's apportionment of gas taY revenue. There is no
assessment impact and no general fixnd impact. The Federal funding (ARRA) is capped at
$262,500.
Mr. Otteson said the contractor, Northwest Asphalt Inc., was generally thoughtful, flexible, and
responsive. They revised their schedule around 49er Days without added expense to the City.
The project was completed as scheduled and they supported local businesses. Staff recommends
approval of Change Order No. 1 as presented and recommends approval of Pay Estimate No. 5
as presented.
Councilmember Bolkcom said more had to be done than originally thought.
Mr. Otteson said a few ramps went in and had to be removed and replaced. When this project
started 62 pedestrian ramps were installed; 40 were put in correct. Now staff understands
MnDOT's requirements.
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 14, 2011
cm oF
FRIDLEY
To: Wiiliam W. Burns, City Manager��Y
From: John Berg, Fire Chief
Date: February 28, 2011
Re: Second Reading of an Ordinance Amending Chapter I 1 of the
Fridley City Code Pertaining to Fees
In 2010 the City increased rental housing inspection license fees by an average of 19%. While
this increased the amount of revenue for the rental housing inspection program by an estimated
$30,000 it has still left the City to subsidize the rental housing inspection program by over
$25,000.
The fee study conducted by the finance department in 2009 indicates that the rental housing
inspection budgeted expenditures aze considerably less than the study's indicated cost for direct
and indirect services for rental housing inspections.
Given the City's direction to fund the rental housing inspection program through fees and reduce
subsidy, and the City's actual cost for direct and indirect services to the rental housing program, I
am recommending a twenty-five dollaz ($25) increase in the base fee for a rental property license
and a two dollaz ($2) increase in the rental housing license for each unit in a building with more
than four units. The average proposed increase for a property is 15%.
The proposed increase in license fees combined with the estimated re-inspection fees will reduce
the City's subsidy for the rental housing inspection program to less than $2,000 for the yeaz
2011.
Staff is recommending an amendment to Chapter 11 of the Fridley City Code that will increase
fees for multiple dweliing licensing by $25 for the base property fee and $2 per unit for buildings
over fow units.
1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 GENERAL PROVISIONS AND FEES OF THE
FRIDLEY CITY CODE
WHEREAS, The Fridley City Council hereby finds after review, examination and recommendation
of staff that Chapter 11 related to general provisions and fees be hereby amended and ordains as
follows:
CyO/:�i11�:if�ef�l�l�l:7:\II�.Z���/69(�)►�`1�►117�l�.9
Section 11.10. FEES
_
Code ' Descri tion Fee
220 Multiple Dwelling Single rental unit $�390 100.00
Two rental units $�589 150.00
Three units $-1SS99 210.00
Four uniu $243-0� 270.00
Five or more units $?-0599 270.00 plus �-19:99 12.00 per
unit.
Reinspection Fee $300
Transfer Fee $25
License Fee after Revocation or $150%times the annual license fee
Sus ension
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2011.
ATTEST:
Debra A. Skogen, City Clerk
First Reading: February 14, 2011
Second Reading
Publication:
2
Scott J. Lund, Mayor
i'
�
CfiY OF
FII�LEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCN 14, 2011
March 9, 201 I
William Burns, City Manager ���
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Second Reading of an Ordinance for an Amendment to Chapter 11, Fees, TA# 11-01
Background
Since the creation of the S-2 Redevelopment Zoning District, the City has charged an application fee for
both master plan submittal and master plan amendments. The current fee of $1,500 was set in 2004 and
re-evaluated along with our other land use fees in 2009. Staff is not recommending any change to the fee.
The fee has inadvertently been omitted from Chapter 11 and simply needs to be added. This type of code
adjustment does not require a public hearing before the Planning Commission or the City Council as the
Zoning Code text amendment related to this fee did.
Since Planning staff was bringing this update to the fee schedule before Council, we checked to see if
there were any other fees that needed to be updated. Staff discovered that there has been no listing in the
fee schedule for wmprehensive plan amendments. While there is no text in the Fridley Zoning Code
referring to this process (it is explained in State Statute), our legal counsel advises that we add the fee we
have been charging for this service to the fee schedule.
Besides the two fees staff recommends adding to Chapter I l, we also recommend that Council remove
the Iisting of three fees that are no longer in place. Those are: construction trailer temporary office fees,
yard waste gate fees, and town house development fees.
The other two changes shown in the attached ordinance clarify the wording of two land use fees: the
special use permit fee and vacations.
Previously planned additions of TOD plan application fees have been removed for later consideration.
Following the first reading staff has modified the Master Plan listing to clazify that the fee applies to
original applications and amendments. The underlining was also added under the new wording clazifying
vacations.
Staff Recommendation
Staff recommends that the City Council hold the second reading of the attached ordinance amending Ch.
ll, Fees, at your March 14, meeting which is designed to follow the approval of TA#1 I-02, amendments
regarding the text of Ch. 205.24, S-2 Redevelopment Zoning District that refers to the Master Plan fee.
Once published, the fees will be in effect I S days later.
3
ORDINANCE NO. _
AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE
PERTAINING TO GENERAL PROVISIONS AND FEES
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that Chapter 11, Fees, of the Fridley City Code be hereby amended and
appended into the table alphabetically as follows:
11.10. FEES
License and permit fees shall be as follows;
CODE SUBJECT FEE
MS 462.355 Comorehensive Plan Ameodment 1 500
'�� (`......I......N.... T�..:1..�.. T.........�...... llM��� 011� �.....�...�..�.. ......1.:.... S9C ..................
)
205.24 Master Plan, Anolication or Amendment $1•500
205 Special Use Permit $1,000 for R-1
51,500 for all others
�'; V.....! {L....1.. T........G� Ci�.. l`..�.. C.... f'1 �n�. nnw
v rvr-var
�J 0�00
205 C—iEy-Vacations, Rieht of Wav or Easemeot $1,500
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
14T" DAY OF MARCH 2O11.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Reading:
Published:
February 14, 2011
March 14, 2011
March 24, 2011
�
SCOTT J. LUND, MAYOR
AGENDA ITEM
oF CITY COUNCIL MEETING OF MARCH 14, 2011
FftIDLEY
Date: Maroh 9, 2011 n,
� (y
To: William Burns, City Manager �
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Subject: Second Reading of Ordinance for Text Amendment TA #1 1-02, S-2 Redevelopment District
Background
The purpose of this text amendment to the S-2 Redevelopment section of the Zoning Code is to inseR
language that describes in writing the process that staff has been following since the inception of this
zoning classification. The public review process and the fee for applications are not clearly stated in the
code. Since code requirements are often reviewed by developers online, it is critical that the application
process is clearly stated in writing.
Staff has added an additional phrase since the first reading to the attached ordinance. This phrase clarifies
that an S-2 rezoning or amendment must follow the same public hearing procedures as any rezoning.
The Council will also be asked at the March 14, meeting to include the fee for an S-2 application or
Master Plan Amendment in Chapter 11, Fees.
Staff has not received any public inquiries regarding this proposed text amendment to date. No one from
the public spoke towards this proposed text amendment at the City Council's public hearing on February
7.
Planning Commission Recommendation
In addition to the February 7, City Council public hearing, the Planning Commission also held a public
hearing on text amendment TA # 1 1-02 at their January 19, meeting. No one from the public appeared to
testify on the matter. The Commission passed a motion to forwazd [he text amendment, as written, to
Council with unanimous approval.
Staff Recommendation
Staff recommends that the City Council hold ihe second reading of the attached ordinance
amending Ch. 205.24 pertaining to S-2 Redevelopment Zoning District regulations at your
Mazch 14, meeting. If the City Council sees no other necessazy changes to this section of code,
the changes will be published in the newspaper and become effective I S days following
publication.
�
ORDINANCE NO. _
AN ORDINANCE AMENDING CHAPTER 205.24 OF THE FRIDLEY ZONING CODE
PERTAINING TO S-2 REDEVELOPMENT DISTRICT REGULATIONS
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that Section 205.24.5 of the Fridley Zoning Code be hereby amended
as follows:
5. PROCESS FOR APPROVAL
A. Plans for each individual project or combination of projects must be submitted unon
payment of an� reguired fee as provided in Chanter 11 herein to the Planning
Commission for review and recommendation to the City Council accordin tg o the
procedures listed in Section 205.05.4 of the Zonin Code. The City Council shall have
final authority to approve all project plans.
B. Ptoject plans submitted to the Planning Commission and City Council shall include the
following minimum criteria:
(1) Site plans showing the location of buildings, off-street parking, street and utility
locations, auto and pedestrian access to and from the project, any modification to
existing services, grading plans, storm water plans, building exterior finish, lighting
and signing and landscape plans.
(2) Written City staff review on project compatibility to the overall redevelopment plan.
(3) �� Review and recommendaUon to the Ciri Council from the Fridl� Housing
and Redevelopment Authority (HRA)
seRS�eFa�iet3s.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
14T" DAY OF MARCH 20ll .
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
February 7, 2011
February 14, 201 I
March 14, 2011
March 24, 2011
0
SCOTT J. LUND, MAYOR
'•
�
CfiY OF
FRIDLEY
DATE:
TO:
FROM:
RE:
INTRODUCTION
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 14, 2011
March 9, 2010
William W. Burns, City Manager ���
Scott J. Hickok, Community Development Director
Letter of Agreement with Anoka County regarding the disposition of 8100 East River
Road
Attached is a letter requesting that County action toward sale of 8100 East River Road be delayed 6
months, while the City and County Highway Department evaluate the potential of realigning Fairmont
Street on the West side of East River Road using the former Texaco site.
EIEMENTS
in December Anoka County contacted the City regarding the disposition of the property at 8100 East
River Road. This property is the former Texaco site and as you will recall the City of Fridley has
outstanding abatement fees in excess of $83,000. The County had sent a resolution to be passed by the
City that would verify the County's classification as tax forfeit.
Included in the County's packet is also the verification information regarding the amount of assessment
we have against the property. The original County letter asked that the City return the resolution by
February 15, 2011. Staff asked for additional time since this property is also the focus of much discussion
on the East River Road corridor study. The County granted us the additional time to bring a letter to
Council rether than the resolution and in the letter the City can simply ask for an additional 6 months
before the property classification resolution must be signed.
Why this is important is that the County Highway Department is now interested in buying the property
and once classified by the City's resolution, the property could show up on the County's list to the open
market for sale. At the time, the County Records and Taxation division contacted the County Highway
Department late last year, and the County Highway Department had not considered the property as
%
essential and passed on buying and preserving it. Since then, the Highway Department and the City have
discussed realigning Fairmont and using the Texaco site to do so.
Fridley is doing two things by requesting a 6-month extension, first, we are helping to preserve the
option for the County Highway Department to buy the parcel and second, we are making certain in the
process we preserve our opportunity to fully recover the money that we have invested in the
abatement, through the sale of the property. Both the City attorney and County attorney have reviewed
this option and attorney Knaak supports this strategy. Though we have not heard from the County
Attorney, the County Highway Department staff has expressed their appreciation for the extra time for
evaluation.
RECOMMENDATI ON
Staff recommends Council authorize staff to request a 6-month extension before signing off on the
County's Resolution certifying this property as tax forfeited.
0
_
_
C.fIYOF
FRlDLEY
FRIDLEY MUNICIPAL CEN1'ER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432
(763) 571-3450 • FAX (763) 571-1287 • 1'1'D/I1'Y (763) 572-3534
March 10, 2011
Jonell M. Sawyer
Anoka County Land Commissioner
Property Records and Taxation Division
Government Center
2100 3rd Avenue
Anoka, MN 55303
RE: Resolution q2010-169
Dear Ms. Sawyer:
Thank you for your recent discussion and consideretion of granting Fridley a 6-month extension on the
City's response on (County) Resolution 2010-169. On March 14, 2011, the City Council authorized staff
to request a 6-month extension to its signing of Resolution 2010-169, as we further evaluate and
understand the County Highway Departments interest in purchasing this property.
As we have evaluated the status of this property we have learned that the County Highway Department
is potentially interested in the purchase of this property at 8100 East River Road. The City and the
County Highway Department have been working together on an East River Road Corridor Study and
there has been much recent discussion regarding the Highway Departments purchase of this property as
a solution to an intersection alignment issue. The City is very interested in recovering the $83,186.48
that we have spent on nuisance abatements and then certified against the property.
Thank you for the option to extend this resolution signing for 6-months as we work toward knowing
better what we think the final disposition of 8100 East River Road will be.
Sincerely,
CITY OF FRIDLEY
Scott 1. Hickok, AICP
Community Development Director
��
�
CffY OF
FRIDLEY
ACTION ITEM
COUNCIL MEETING OF MARCH 14, 2011
Date: March 8, 2011 rt/
�rA
To: William Burns, City Manager �,
From: Paul Bolin, Asst. Executive HRA Director
Subiect: Gatewav NE Bliqht Declaration
Due to maintenance costs, potential liabilities, and the deteriorated condition of the
properties purchased for the future Gateway Northeast redevelopment project, the
remaining 3 buildings will be demolished this spring. To allow inclusion in any future
potential TIF District the HRA and City Council are required to adopt a resolution
declaring the properties blighted, prior to demolition.
The City of Fridley's Chief Building Official has inspected the properties currently owned
by the HRA along University Avenue NE. The purpose of the inspection was to
determine if the buildings met the statutory definition of "substandard". All 3 of the
buildings inspected exceed the blight threshold required by TIF Statutes, as they fail to
meet a number of current codes related to fire sprinkling, HVAC, and accessibility.
Adoption of resolution is not required to demolish properties. The substandard
determination and the attached resolution, declaring the properties as such, preserves
the ability to place the properties into any future potential TIF District.
Staff recommends the attached resolution be approved by the City Council. The HRA
approved a similar resolution at their March 3rd meeting.
10
I
RESOLUTION NO. 2011-
A RESOLUTION DETERMINING THAT CERTAIN PARCELS ARE OCCUPIED BY
STRUCTURALLY SUBSTANDARD BUILDINGS AND ARE TO BE INCLUDED IN A
TAX INCREMENT FINANCING DISTRICT
BE IT RESOLVED by the City Council of the City of Fridley, Minnesota (the "City") as follows:
Section 1. Recitals.
1.01 The Housing and Redevelopment Authority in and for the City of Fridley (the
"Authority") has considered the acquisition and redevelopment of the pazcels identified as follows
(the "Pazcels"):
Address: 5831 University Ave. NE
PIN: 23-30-24-24-0022
Address: 5905 University Ave. NE
PIN: 23-30-24-21-0122
23-30-24-21-0123
23-30-24-21-0016
Address: 6061 University Ave. NE
PIN: 23-30-24-21-0110
23-30-24-21-0111
1.02 Minnesota Statutes, Section 469.174 et seq, as amended and supplemented from time
to time (the "Tax Increment AcY') provides for the establishment of a redevelopment tax increment
financing district. The Tax Increment Act allows for the inclusion ofparcels within a redevelopment
district after substandazd buildings have been removed by complying with Minnesota Statutes,
Section 469.174, Subd. 10(d).
Section 2. Findines.
2A1 The Council hereby finds that the acquisition and/or redevelopment of the Parcels
fur[her the goals and objectives of the Development Program.
2A2 The Council hereby finds that the Parcels are occupied by a structure or shuctures that
are structurally substandazd, as defined in the Tax Increment Act and described in the blight report
on file with the City, and that the structure or structures must be demolished and removed from the
Parcels.
2.03 The Council hereby finds that the Authority intends to demolish or cause to be
demolished the substandazd building or buildings and to prepare the Pazcels for redevetopment.
11
Resolution No. 2011-
Section 3. Declazation of Intent.
Page 2
3.01 The Council hereby declazes its intent to include the Parcels within a redevelopment
ta�c increment financing district and to file the request for certification of the Pazcels as part of a
district with the Anoka County Auditor within three yeazs of when the Parcels were occupied by a
substandazd building or buildings.
Section 4. Notice to Countv Auditor.
4.01 If the City establishes a ta�t increment financing district and includes the Pazcels, then
upon filing the request for the certification of the ta�c capacity of the Parcels as part of such district,
the City shall notify the Anoka County Auditor that the original tax capacity of the Pazcels must be
adjusted as provided in Minnesota Statutes, Section 469.177, Subd. 1(fl.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA
COUNTY, MINNESOTA THIS 14`� DAY OF MARCH, 2011.
ATTEST:
Debra A. Skogen - City Clerk
�2
Scott J. Lund - Mayor
Purpose:
The City of Fridley HRA currently owns 3 vacant dilapidated buildings along University
Avenue and fully expects to proceed with a redevelopment of these and neighboring
properties in the next few years. The HRA has a desire to demolish and remove these
blighted properties in the spring of 2011, as they are detrimental to the health, safety, and
welfaze of Fridley's residents. In 2009 the Authority demolished 6 neighboring buildings
in anticipation of future redevelopment of the University Avenue corridor.
This blight analysis was conducted for the three remaining vacant properties currently
owned by the City of Fridley's Housing & Redevelopment Authority. The three
properties included in this analysis aze:
Address:
PIN:
Address:
PIN:
Address:
PIN:
5831 University Ave. NE
23-30-24-24-0022
5905 University Ave. NE
23-30-24-21-0122
23-30-24-21-0123
23-30-24-21-0016
6061 University Ave. NE
23-30-24-21-0110
23-30-24-21-0111
Building Deficiencies Summary
Deficiencies were noted in two different ways, in accordance with MN Statutes regarding
the creation of Ta�c Increment Dish-icts. According to MN Statues, a building is
considered "structurally substandazd" through a two part test:
Test One: MN Statutes, Section 469.174, Subdivision 10, clause (b), states a building that
contains "defects in structural elements or a combination of deficiencies in essential
utilities and facilities, light and ventilation, fire pmtection including adequate egress,
layout and condition of inYerior partitions, or similaz factor, which defects ar deficiencies
are of sufficient total significance to justify substantial renovation or cleazance".
Test Two: MN Statutes, Section 469.174, Subdivision 10, clause (c) also provides that a
building may not be considered structurally substandard if it "...is in compliance with
building code applicable to new buildings or could be modified to satisfy the building
code at a cost of less than 15 percent of the cost of constructing a new structure of the
same square footage an type on the site".
Deficiencies included in Test 1 may or may not include specific code deficiencies as
listed in Test Two. In many cases, specific building code deficiencies may well
contribute to the data which supports satisfying Test 1; conversely, it is certainly possible
that identified hazards or other deficiencies which could be included in Test 1 do not
necessarily constitute current building code deficiencies. By defmition, the nature of the
14
two tests is slightly different. Test 1 is more subjective and Test 2 is an objective test.
Test 1 deficiencies are less technical and difficult to measure compared to the code
deficiencies in Test 2. To the extent that technical measurable building code deficiencies
support the satisfaction of the less technical Test 1, the following code requirements are
defined in terms that go beyond the technical requirements of the coed and demonstrate
their relevance in terms of "deficiencies in essential utilities and facilities, light and
ventilation, fire protection including adequate egress, layout and condition of interior
partitions, or similar factor, etc".
The 2007 Minnesota State Building Code, which includes a number of chapters that
incorporate by reference other published codes and standards including, but not limited
to: International Building Code / Elevators and Related Devices / Minnesota State Fire
Code / Minnesota Plumbing Code / National Electrical Code / Minnesota Accessibility
Code / Minnesota Food Code: The purpose of the codes adopted in Fridley are to provide
minimum standards to safeguazd life or limb, health, property and public welfaze by
regulating and controlling the design, construction, quality of materials, use and
occupancy, location and maintenance of all buildings and structures. A deficiency in any
of these applicable codes (insufficient number of building exits, improper wiring, lack of
accessibility, etc.) adversely affects one or more of the above standazds that the codes aze
intended to safeguard.; therefore, a deficiency in any of the building related codes is
considered a deficiency in one or more "essential utilities and facilities,light and
ventilation, fire protection including adequate egress, layout and condition of interior
partitions, or similar factor, etc", thus satisfying Test 1.
NOTE: The above list represents some of the more common potential code deficiencies considered in the assessment of
the buildings in the future TIF dishict. This ]ist does not necessarily include every factor included in the data used to
satisfy Test I for a particulaz building.l
Evaluations:
The City's Building Official conducted both interior and exterior evaluations for each of
the three buildings to identify Code Deficiencies. Digital pictures of the conditions of
each building are attached to this report. A113 of the properties were found to be
"structurally substandard" when considering code deficiencies to justify substantia]
renovation or clearance.
In addition to the field evaluations, a review of past permit history for each property was
conducted. Copies of the permit history for each property are attached to this report. The
permit history provides a basic description of the work completed to each property since
the early 1950's. Additional data was gathered from the City of Fridley Assessing
Records and Anoka County taacpayer information. These records were combined and
reviewed against information gathered in the field surveys.
Test 1 Summarv
Staff identified defects meeting Test 1 in all 3 of the properties analyzed. All tl�ree
properties lack some essential utilities and facilities for accessibility and fire protection
systems. Additionally all three of the buildings had some combination of water damage
and mold issues. The age of the buildings and their interior layouts make them unusable
15
for modern retail uses. The buildings also lacked proper HVAC systems and did not
provide proper egress.
Condition oF Buildings Test Methodology — Determination of Values & Costs:
Replacement Cost — the cost of constructing a new building of the same size and type.
R.S. Means Cost Data is a nationally published reference tool used as the industry
standard for base calculation by squaze footage. The information is updated quarterly and
establishes a"national average" for materials and labor costs for all types of building
construction. The base building costs were developed using tlus reference guide and the
Chief Building Officials knowledge of local costs.
Cost to correct identified deficiencies were determined by using R.S. Means Cost Data —
2011 and the Chief Building Official's professional judgment and experience. When
items of varying quality were available for selection to correct a deficiency, an item of
average cost was used for typical commercial applications. Actual construction costs are
affected by many factors. Due to the nature of this assessment, staff was only able to
generalize the scope of work for each correction; that is to say that detailed plans,
quantities, and qualities of materials were not possible to be lrnown. Our approach to this
matter was to determine a preliminary cost proj ection suitable to the level of detail that
was known. This process is similar to the approach used to give a cost projection to a
property owner during the design stage of a project.
Test 2 Suminarv:
Costs to correct deficiencies were computed for each building and compared to the
building replacement cost to determine if the 15% requirement was met. All tl�ree
buildings had deficiencies in excess of 15% of the cost of constructing a new building on
the site.
• 5831 University (former Sikh Society/McDonalds) 56%
• 5905 University (former Select Products/Zantigo) 29%
• 6061 University (former Tae Kwon Do / Club 47) 51%
Summaries for individual buildings (Test 1 and Test 2) are attached to this document.
Also on file are pictures of all of the properties and the items identified in this report.
16
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To:
From:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
March 14, 2010
William W. Burns, City Manager
Darin R. Nelson, Finance Director
Debra A. Skogen, City Clerk �
February 24, 2010
�
Re: RESOLUTION CREATING A POLICY OF THE CITY OF FRIDLEY
IDENTIFYING THE TYPE OF STORAGE MEDIUM USED FOR CITY
RECORDS
Minnesota Statutes 138.17 requires governmental units to adopt a records retention schedule. The
City of Fridley adopted the General Records Retention Schedule for Cities developed by the
Minnesota Clerks and Finance Officers Association on February 14, 2000. This statute also
requires cities to determine whether and to what extent it will create and retain electronic records
which aze also subject to the Data Practices Act and the records retention laws.
The Uniform Electronic Transactions Act, Minnesota Statute 325L.01, makes the storage mediuxn
of a record legally irrelevant allowing the record to be paper or electronic. The Minnesota State
Archives states, "Minnesota state and local governments are free to save their records in any format
they choose, as long as they can access the record for the entire retention period." The format in
question becomes critical and the City should have a plan for migration or conversion of the
electronic records. The City uses the recommended TIFF format for iYs imaging system and
understands the need to keep our technology current to allow for the retrievai of electronic rewrds.
The City has scanned all of the City Council agenda books, minutes, resolutions and ordinances and
updates those records after each council meeting to keep our electronic records current. The City
will continue to scan other records to make it easier to find and retrieve the records needed by staff,
the public or elected officials. The City is experiencing a lack of storage space for new records and
would like to dispose of the records that have been scanned. The State Archivist recommended the
City Council adopt a resolution to establish a policy of the City regazding records. The City
Attorney has reviewed the resolution and approved it as to form.
Staff recommends a motion adopting the attached Resolution Creating a Policy of the City of
Fridley Identifying the Type of Storage Medium Used for City Records.
23
RESOLUTION NO. _
A RESOLUTION CREATING A POLICY OF THE CITY OF FRIDLEY IDENTIFYING THE
TYPE OF STORAGE MEDIUM USED FOR CITY RECORDS
WHEREAS, the City of Fridley adopted the General Records Retention Schedule for Cities
developed by the Minnesota Clerks and Finance Officers Association as its records retention
pmgram on February 14, 2000; and
WHEREAS, the General Records Retention Schedule for Ci6es identifies the storage medium
for records as paper; and
WHEREAS, the City of Fridley is experiencing a lack of storage space due to the volume of
paper records; and
WHEREAS, the City of Fridley has a document imaging system and permanent city records aze
being scanned and imaged for storage and retrieval in electronic form; and
WHEREAS, the Minnesota State Archives states that Minnesota state and local governments are
free to save their records in any format they choose, as long as they can access the files for the
entire retention period; and
WHEREAS, the City of Fridley uses the accepted standard format as TIFF in its document
imaging system; and
WHEREAS, the City of Fridley plans to migrate or convert the digital information as needed in
the future to conknue to view its imaged records;
WHEREAS, the Uniform Electronic Transactions Act (M.S. 325L.01) makes the storage
medium or a record legally irrelevant; and
WHEREAS, the City would like to dispose of paper files after scanning.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby
declazes that it shall be the policy of the City of Fridley to destroy paper records once they aze
scanned and stored into the document imaging system.
PASSED AND ADOPTED BY HE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH
DAY OF MARCH 2O11.
ATTEST:
Debra A. Skogen, City Clerk
Scott J. Lund, Mayor
24 2
V
.
._ a
TO:
FROM:
DATE:
SUBJECT:
AGENDAITEM
CITY COUNCIL MEETING OF MARCH 14, 2011
William W. Burns, City Manager C���
James Kosluchar, Public Works Directo
March 14, 2011
PW 11-025
Kesolution Authorizing the City of Fridley to Be a Party to the Minnesota
Water Agency Response Network (MnWARN)
Sewer Supervisor Greg Kottsick attended a presentation on MnWARN during training he attended
earlier this year. Mr. Kottsick recommended the City of Fridley consider membership in MnWARN.
After review of information on this mutual aid system, staff concurs and presents this resolution as the
initial step in the City of Fridley's participation in MnWARN.
MnWARN is a Voluntary participation statewide Water/Wastewater Agency Response Network of
utilities that provide mutual aid to other members with emergency assessment, emergency response
and recovery, sharing emergency resources with members, resources to help recover from a disaster,
and emergency contact networking. The goal of MnWARN is to promote and support a statewide
response to utility emergencies and disasters through mutual assistance to water, wastewater, and
stormwater utilities in Minnesota.
Law enforcement and fire departments have been organized with structured mutual aid for many years.
MnWARN is an initiative to organize utility resources to be prepared to respond to water, wastewater,
and storm water emergency events in an effective manner.
MnWARN is activated only when there has been a formal declaration of an emergency issued by a
community's authorized official or altemate. Once activated, both parties would be acting under the
provisions of the attached Mutual Aid Agreement. Emergencies are defined as any occurrence that is,
or is likely to be, beyond the control of the services, personnel, equipment, or facilities of a Party's utility.
Participation in MnWARN does not create any duty to respond to a request for assistance. When a
Member receives a request for assistance, the Authorized O�cial shall have discretion as to the
availability of resources. Participation in MnWARN is voluntary and membership is free.
Staff recommends the City Council's approval of the attached Resolution authorizing the City of Frid�ey
to be a party to the Minnesota Water Agency Response Network (MnWARN).
JPK:jk
Attachments
25
RESOLUTION NO. 2011 -
RESOLUTION AUTHORIZING THE CITY OF FRIDLEY TO BE A PARTY TO
THE MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN)
WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by agreement of their
governing bodies to jointly or cooperatively exercise any power common to them; and
WHEREAS, MnWARN has been established by the adoprion of a Mutual Aid Agreement (the Ageement)
among Governmental Units to allow their water, wastewater and storm water utilities to assist each other in
case of an emergency; and
WHEREAS, the Agreement allows other governmental units to become a par[y to the Agreement by the
adoption of this Resolution and sending notice to the Secretary of the Statewide Committee for MnWARN;
and
WHEREAS, the City of Fridley Council considers it to be in the best interest of the City of Fridley to be a
party to the Agreement.
NOW, TI-IEREFORE, BE TT RESOLVED, that the City of Fridley hereby:
1. Authorizes the Mayor and Clerk to sign this resolufion evidencing the intent of Ciry of Fridley to
be a party to Mn WARN; and
2. The Ciry Clerk is d'vected to send a certified copy of this resolution and a completed membership
information form to the Secretary of the Statewide Committee of MnWARN; and
3. The City of Fridley authorizes the Public Works Director to administer its participation, develop
and maintain rate schedules, and provide updates in confoRnance with the terms of the Agreement;
and
4. Ciry of Fridley agrees to comply with all terms of the Ageement.
PASSSED AND ADOPTED BY TI� CITY COUNCIL OF Tf� CITY OF FRIDLEY THIS 14�' DAY
of MARCH, 2011.
ATTESTED
DEBRA A. SKOGEN - CITY CLERK
26
SCOTT J. LUND - MAYOR
MINNESOTA WATER AGENCY RESPONSE
NETWORK (MnWARN) MUTUAL AID AGREEMENT
This Minnesota Water Agency Response Network (MnWARN) Mutual Aid Agreement is made
and entered into by the undersigned Parties.
WHEREAS, the Parties hereto are authorized by law or home rule charter to establish a water,
wastewater or storm water utility; and
WHEREAS, the Parties hereto have established a water, wastewater and/or storm water utility;
and
WHEREAS, the Parties recognize that an Emergency may require Assistance in the form of
personnel, equipment and supplies from a Utility outside the Governmental Unit; and
WHEREAS, the governing bodies of the Parties have investigated the facts and determined that
it is in their best interests to authorize their Utilities to work cooperatively with another Party's
Utilities when there is an Emergency; and
WHEREAS, Minnesota Statutes, Section 471.59 authorizes the Parties by agreement of their
governing bodies to jointly or cooperatively exercise any power common to them.
NOW, THEREFORE, in consideration of the mutual covenants made herein, the Parties agree
as follows:
ARTICLE I
PURPOSE
The Parties recognize that in an Emergency, their Utilities may require Assistance in the form of
personnel, equipment and supplies from outside the area of impact. The purpose of this
Agreement is to provide a framework, in the event of an Emergency, for the Parties to
participate in an intrastate program for mutual aid assistance to provide water, wastewater and
storm water utility services. The Parties authorize their Utilities to cooperatively assist other
Party's Utilities when there is an Emergency, subject to the discretion of the Responding Party's
Authorized Official as set forth in Article IV.
2%
ARTICLE 11
DEFINITIONS
A. Agreement — This Water Agency Response Network Mutual Aid Agreement.
B. Assistance — Resources, including but not limited to personnel, equipment, material and
supplies that a Responding Party's Utility provides to a Receiving Party's Utility.
C. Authorized Official — An employee or official of a Party's Utility that is authorized by the
Party's governing body to request Assistance or provide Assistance under this Agreement.
D. Emergency — Any occurrence that is, or is likely to be, beyond the control of the services,
person�el, equipment or facilities of a Party's Utility.
E. Governmental Unit — A city, county or township in Minnesota or a city's public utilities
commission.
F. MnWARN — The framework for public water, wastewater and storm water utilities in
Minnesota to assist other public water, wastewater and storm water utilities when there is
an Emergency that requires Assistance from another Utility. The framework includes this
Agreement and other resources to be developed and coordinated by the Statewide
Committee to implement the purpose of this Agreement.
G. National Incident Management System (NIMS) —A national, standardized approach to
incident management and response that sets uniform processes and procedures for
emergency response operations.
H. Party/Parties — One or more govemmental units that has a water, wastewater or
stormwater utility that executes this Agreement or adopts this Agreement by resolution
pursuant to Article XIV.
I. Period of Assistance — The period of time when a Responding Party assists a Receiving
Party. The period commences when personnel, equipment or supplies depart from a
Responding Party's facility and ends when the resources return to their facility. All
protections identified in the Agreement apply during this period. The Period of Assistance
may occur during response to or recovery from an Emergency.
J. Receiving Party — A Party who requests and receives Assistance under this Agreement.
K. Responding Party — A Party that provides Assistance to another Party pursuant to this
Agreement.
L. Statewide Committee — The committee responsible for overseeing MnWARN on a
statewide level.
M. Steering Committee — The leadership group that established MnWARN and the
development of this Agreement.
N. Utility/Utilities — A water, wastewater and/or storm water utility of a Party.
�
ARTICLE III
ADMINISTRATION
A. Statewide Committee.
Votina Members. MnWARN shall be administered through a Statewide Committee.
The Statewide Committee shall be comprised of nine (9) voting members. The voting
members of the Statewide Committee shall be comprised as follows: (i) an employee
or official of a Utility located in Region 1 of the Minnesota Division of Homeland
Security and Emergency Management Regions; (ii) an employee or official of a Utility
located in Region 2 of the Minnesota Division of Homeland Security and Emergency
Management Regions; (iii) an employee or official of a Utility located in Region 3 of the
Minnesota Division of Homeland Security and Emergency Management Regions; (iv)
an employee or official of a Utility located in Region 4 of the Minnesota Division of
Homeland Security and Emergency Management Regions; (v) an employee or official
of a UtiliTy located in Region 5 of the Minnesota Division of Homeland Security and
Emergency Management Regions; (vi) an employee or official of a Utility located in
Region 6 of the Minnesota Division of Homeland Security and Emergency
Management Regions; (vii) an employee or official of the Minnesota Rural Water
Association; (viii) a representative from the Minnesota Section of the American Water
Works Association; and (ix) a representative of the Minnesota Wastewater Operator's
Association.
a. Initial Votina Members. The initial voting members representing the six regions of
the Minnesota Division of Homeland Security and Emergency Management
Regions shall be selected by the Steering Committee. The other three voting
members shall be selected by the organization they represent.
b. Subseauent Votina Members. The appointment or election of subsequent voting
members shall be done in accordance with bylaws to be adopted by the Statewide
Committee.
c. Terms. The terms of the voting members shall be established by the bylaws to be
adopted by the Statewide Committee.
d. Chanaes. The Statewide Committee may change the number or composition of
the voting members in accordance with its bylaws.
2. Advisory Members. There shall be at least six (6) advisory members of the Statewide
Committee who shall not be entitled to vote. The advisory member shall consist of a
representative to be selected by each of the following organizations: (i) the Minnesota
Pollution Control Agency; (ii) the Minnesota Department of Health; (iii) Minnesota
Homeland Security and Emergency Management; (iv) the Association of Minnesota
Emergency Managers; (v) the Minnesota Municipal Utilities Association; and (vi) the
League of Minnesota Cities. The voting members of the Statewide Committee may
change the number or composition of the advisory members in accordance with its
bylaws. The terms of the advisory members shall be established by the bylaws of the
Statewide Committee.
3. Officers. The Statewide Committee shall have the following officers: a Chair, a Vice-
Chair and a Secretary. The initial officers shall be elected by the Statewide Committee
at its first meeting. The terms of the initial officers and subsequently elected officers
2�9
shall be estabiished by the bylaws of the Statewide Committee. The officers shall
have the following powers:
a. Chair. The Chair shall have no more power than any other member of the
Statewide Committee except that the Chair shall act as the presiding officer at all
Statewide Committee meetings and may have other duties as assigned from time
to time and prescribed by the Statewide Committee.
b. Vice-Chair. The Vice-Chair shall act as the presiding officer at any Statewide
Committee meeting not attended by the Chair and shall perform the Chair's duties
in the Chair's absence. The Vice-Chair may have other duties as assigned from
time to time and prescribed by the Statewide Committee.
c. Secretarv. The Secretary shall be responsible for ensuring that minutes are
prepared for all Statewide Committee meetings. The Secretary shall also keep all
books and records of the Statewide Committee and shall give all notices required
by law, and may have other duties as assigned from time to time and prescribed by
the Statewide Committee. The Statewide Committee may delegate all or part of
the Secretary's duties required under this Section to another person; provided that
such delegation shall not relieve the Secretary of ultimate responsibility for these
duties
4. Powers. The Statewide Committee shall have the following powers:
a. To coordinate emergency planning and response activities of Utilities in
coordination with the emergency management and public health system of the
State;
b. To adopt policies and procedures to further the purpose of MnWARN;
c. To establish committees, including regional committees, to assist in implementing
the purpose of MnWARN;
d. To develop a resource list of personnel, equipment, supplies and other resources
that may be used to provide Assistance;
e. To establish a website to facilitate the Parties' use of MnWARN;
f. To develop protocols, forms or procedures for Parties to request assistance;
g. To develop educational materials; and
h. To develop training materials and conduct training for Parties.
5. Meetinps. The Statewide Committee shall hold meetings as follows:
a. Oraanizational Meetinq. An organizational meeting shall be held at a time and
place to be determined by the Steering Committee.
b. Reaular Meetinos. Thereafter, the Statewide Committee shall meet at least
annually. A schedule of regular meetings may be adopted by the Statewide
6ta�
Committee at the organizational meeting. A schedule of regular meetings may be
changed from time to time as deemed necessary by the Statewide Committee.
c. Special Meetinas. Special meetings of the Statewide Committee may be called by
the Chair and must be called by the Chair upon written request of two Statewide
Committee members.
d. Quorum. The Statewide Committee shall not take offcial action unless a majority
of the voting members are present in person or via electronic communication.
ARTICLE IV
REQUESTS FOR ASSISTANCE
A. Partv Responsibility. The Parties shall identify an Authorized Official and one or more
alternates; provide contact information including 24-hour access; and maintain the resource
information required contained in the member information form to be developed by the
Statewide Committee. The Parties shall update this information as required by the bylaws.
In the event of an Emergency, a Party's Authorized Official may request Assistance from a
PaRy's Utility. The Authorized Official must specifically state that Assistance is being
requested under MnWARN to activate the provisions of this Agreement. Requests for
Assistance can be made orally or in writing. When made orally, the request for Assistance
shall be prepared in writing as soon as practicable. Requests for Assistance shall be
directed to the Authorized Official of a Party. Specific protocols for requesting Assistance
shall be established by the Statewide Committee.
B. Response to a Reauest for Assistance. After a Party receives a request for Assistance, the
Authorized Official should evaluate if resources are available to respond to the request for
Assistance. Following the evaluation, the Responding Party's Authorized Official shall
inform, as soon as possible, the Receiving Party's Authorized Official if it can provide
Assistance. If Assistance is provided, the Responding Party shall inform the Receiving Party
about the type of available resources and the approximate arrival time of such resources.
C. Discretion of Resoondinq Partv's Authorized Official. Adoption of this Agreement does not
create any duty to provide Assistance. When a Party receives a request for Assistance, the
Authorized Official shall have absolute discretion to provide Assistance or to not provide
Assistance. A Party's decision to provide Assistance or not provide Assistance shall be final.
No Party nor any employee or officer of any Party shall be liable to any other Party or to any
person for failure of any Party to fumish Assistance or for recalling Assistance.
ARTICLE V
RESPONDING PARTY PERSONNEL
A. National Incident Manaqement Svstem (NIMSI. When providing Assistance under this
Agreement, the Requesting Party's Utility and the Responding Party's Utility shall be
organized and function under NIMS.
B. Control. The personnel of a Responding Party providing Assistance shall be under the
direction and control of the Receiving Party until the Responding Party's Authorized Official
withdraws Assistance. The Receiving PaRy's Authorized Official shall coordinate response
351
activities with the Responding Party's Authorized Official. Whenever practical, Responding
Party personnel should plan to be self sufficient for up to 72 hours.
C. Food and Shelter. The Receiving Party shall supply reasonable food and shelter for
Responding Party personnel for Assistance that is provided for more than 72 hours. If the
Receiving Party is unable to provide food and shelter for a Responding Party's personnel,
the Responding Party's Authorized Official or designee is authorized to secure food and
shelter for its personnel and shall be entitled to reimbursement for such expenses from the
Receiving Party. Reimbursement for food and shelter shall reflect the actual costs incurred
by the Responding Party. If receipts are not available, the Responding Party cannot request
reimbursement in excess of the State per diem rates for that area.
D. Communication. The Receiving Party shall provide Responding Party personnel with radio
equipment as availabie, or radio frequency information to program existing radios, in order
to facilitate communication among personnel providing Assistance.
E. Status. Unless otherwise provided by law, the Responding Party's officers and employees
retain the same privileges, immunities, rights, duties, and benefits as provided in their
respective jurisdictions.
F. Licenses and Permits. To the extent permitted by law, Responding Party personnel who
hold licenses, certificates, or permits evidencing professional, mechanical, or other skills
shall be allowed to carry out activities and tasks relevant and related to their respective
credentials during the Period of Assistance.
G. Riqht to Withdraw. The Responding Party's Authorized Official retains the right to withdraw
some or all of its resources at any time. Notice of intention to withdraw must be
communicated to the Receiving Party's Authorized Official as soon as possible.
ARTICLE VI
COST REIMBURSEMENT
Unless otherwise mutually agreed in whole or in part, the Receiving Party shall reimburse the
Responding Party for each of the following categories of costs incurred while providing
Assistance during the Period of Assistance.
A. Personnel. A Responding Party shall be reimbursed for its actual costs paid to personnel
providing Assistance during the Period of Assistance. The Responding Party's designated
supervisor(s) must keep accurate records of work performed by personnel during the Period
of Assistance. Reimbursement to the Responding Party must consider all personnel costs,
such as salaries or hourly wages, including overtime, and costs for fringe benefits and
indirect costs.
B. Eauioment. The Receiving Party shall reimburse the Responding Party for the use of
equipment during a Period of Assistance pursuant to the Responding Party's rate schedule.
If the Responding Party does not have a rate schedule, the rates for equipment use must be
based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment
Rates. If a Responding Party uses rates different from those in the FEMA Schedule of
Equipment Rates, the Responding Party must provide such rates in writing to the Receiving
Party prior to supplying Assistance. Reimbursement for equipment not referenced on a
Party's rate schedule or the FEMA Scheduie of Equipment Rates must be developed based
on actual recovery of costs. 3�
C. Materials and Suoalies. The Receiving Party must reimburse the Responding Party in kind
or at actual replacement cost, plus handling charges, for use of expendable or non-
retumable supplies. The Responding Party must not charge direct fees or rental charges to
the Receiving Party for other supplies and reusable items that are retumed to the
Responding Party in a clean, damage-free condition. Reusable supplies that are returned to
the Responding Party with damage must be treated as expendable supplies for purposes of
cost reimbursement.
D. Pavment Period. The Responding Party must provide an itemized bill to the Receiving Party
for all expenses it incurred as a result of providing Assistance under this Agreement. The
Responding Party must send the itemized bill not later than ninety (90) days following the
end of the Period of Assistance. The Receiving Party must pay the undisputed portion of the
bill in full on or before the forty-fifth (45th) day following the billing date. Unpaid bills become
delinquent upon the forty-si�h (46th) day following the billing date, and, once delinquent, the
bill accrues interest at the standard rate of interest charged by the Responding Party for
unpaid bills. If the Responding Party does not have a standard rate, the interest rate shall
be the rate of prime, as reported by the Wall Street Journal, plus two percent (2%) per
annum. Any undisputed amount must be resolved using the procedures set forth in Articie
VII.
ARTICLE VII
DISPUTES
The Parties agree to act in good faith to undertake resolution of disputes, in an equitable and
timely manner and in accordance with the provisions of this Agreement. If disputes cannot be
resolved informally by the Parties, the foliowing procedures shall be used:
A. Mediation. If there is a failure between Parties to resolve a dispute on their own, the Parties
shall first attempt to mediate the dispute. The Parties shall agree upon a mediator, or if they
cannot agree, the Statewide Committee Chair shall select a mediator. If the Chair of the
Statewide Committee, has a conflict of interest, the duty for selecting a mediator shall pass
to the Vice-Chair.
B. Arbitration. If the dispute remains unresolved following mediation, the dispute shall be
submitted to arbitration under the Uniform Arbitration Act, Minnesota Statutes, Sections
572.08-.30. If the Parties cannot agree on one or more arbitrators, the arbitrator(s) shall be
selected using the same procedure set forth for selecting a mediator. The decision of the
majority of the arbitrators shall not be binding upon the Parties. If the arbitration decision is
not accepted, the Parties may pursue any other legal remedy to resolve the dispute.
ARTICLE VIII
RECEIVING PARTY'S DUTY TO INDEMNIFY
For the purposes Minnesota Municipal Tort Liability Act, Minnesota Statutes, Chapter 466, the
employees and officers of the Responding Party are deemed to be employees (as defined in
Minnesota Statutes, Section 466.01, subdivision 6) of the Receiving Party.
The Receiving Party shall defend, indemnify and hold hartnless, the Responding Party, its
officers, employees, volunteers and agents from all claims, loss, damage, injury, and liability of
�
every kind, nature, and description, directly or indirectly arising from the Responding Party's
Assistance during the Period of Assistance. The scope of the Receiving Party's duty to
indemnify includes, but is not limited to, suits arising from, or related to, negligent or wrongful
use of equipment or supplies on loan to the Receiving Party, or faulty workmanship or other
negligent acts, errors, or omissions by the Responding Party personnel. The Receiving Party
shall not be required to defend and indemnify the Responding Party for any willful or wanton
misconduct of the Responding Party or its officer, employees, volunteers or agents. Under no
circumstances, however, shali a party be required to pay on behalf of itself and other parties,
any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466
applicable to any one party. The intent of this article is to impose on each Receiving Party a
limited duty to defend and indemnify a Responding Party for claims arising within the Receiving
Party's jurisdiction subject to the limits of liability under Minnesota Statutes, Chapter 466. The
purpose of creating this duty to defend and indemnify is to simplify the defense of claims by
eliminating conflicts among defendants and to permit liability claims against multiple defendants
from a single occurrence to be defended by a single attorney.
The Receiving Party's duty to indemnify is subject to, and shall be applied consistent with, the
conditions set forth in Article X.
ARTICLE IX
DAMAGE TO EQUIPMENT
Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives
the right to sue any other Party for any damages to or loss of its equipment, even if the
damages or losses were caused wholly or partially by the negligence of any other Party or its
officers, employees, or volunteers.
ARTICLE X
WORKERS' COMPENSATION
Each Party shall be responsible for injuries or death of its own personnel. Each Party will
maintain workers' compensation insurance or self-insurance coverage, covering its personnel
while they are providing Assistance pursuant to this Agreement. Each Party waives the right to
sue another Party for any workers' compensation benefits paid to its own personnel while they
are providing Assistance pursuant to this Agreement. Each Party waives the right to sue
another Party for any workers' compensation benefits paid to its own employee or volunteer or
their dependents, even if the injuries were caused wholly or partially by the negligence of
another Party or its officers, employees or volunteers.
ARTICLE XI
INSURANCE
Parties to this Agreement shall maintain the following liability coverages: (1) commercial general
liability; and (2) automobile liability, including owned, hired, and non-owned automobiles. Each
policy shall have a limit at least equal to the maximum municipal liability limit in Section 466.04,
subd. 1. If the policy contains a general aggregate limit, the general aggregate limit shall not be
less than double the maximum municipal liability limit in Section 466.04, subd. 1.
�
ARTICLE XII
WITHDRAWAL
A Party may withdraw from this Agreement by providing written notice of its intent to withdraw to
the Statewide Committee Secretary. Withdrawal takes effect 60 days after notice is sent.
ARTICLE XIII
INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS
To the extent practicable, Parties to this Agreement are encouraged to participate in mutual aid
and assistance activities conducted under the State of Minnesota Intrastate Mutual Aid and
Assistance Program and the Interstate Emergency Management Assistance Compact (EMAC).
Parties may voluntarily agree to participate in an interstate Mutual Aid and Assistance Program
for Utilities through this Agreement if such a Program were established.
ARTICLE XIV
NEW MEMBERS
Other Governmental Units may be added to this Agreement upon approval of their governing
body as evidenced by adoption of the resolution attached as Exhibit I to this Agreement and
execution by the Governmental UniYs authorized representatives. A Governmental Unit shall
not become a Party to this Agreement until a certified copy of the resolution is received by the
Statewide Committee Secretary. The Statewide Committee Secretary shall maintain a master
list of all Parties to this Agreement.
ARTICLE XV
GENERAL PROVISIONS
MODIFICATION
A. Modification. No provision of this Agreement may be modified, altered or rescinded by
individual parties to the Agreement. Modifications to this Agreement may be due to
programmatic operational changes to support the Agreement. Modifications require a simple
majority vote of the Parties to this Agreement. The Statewide Committee Secretary shall
provide written notice to all Parties of approved modifications to this Agreement. Approved
modifications take effect 60 days after the date upon which notice is sent to the Parties.
B. Signatorv Indemnification. In the event of a liability, claim, demand, action or proceeding of
whatever kind or nature arising out of a Period of Assistance, the Parties who receive and
provide Assistance shall indemnify and hold harmless those Parties whose involvement in
the transaction or occurrence that is the subject of such claim, action, demand or other
proceeding is limited to execution of this Agreement.
C. Prohibition on Third Parties and Assianment of Riahts/Duties. This Agreement is for the
sole benefit of the Parties and no person or entity shall have any rights under this
Agreement as a third-party beneficiary. Assignments of benefits and delegations of duties
created by this Agreement are prohibited and are without effect.
D. Notice. A Party who becomes aware of a claim or suit that in any way, directly or indirectly,
contingently or otherwise, affects or might affect other Parties to this Agreement shall
�
provide prompt and timely notice to the Parties who may be affected by the suit or claim.
Each Party reserves the right to participate in the defense of such claims or suits as
necessary to protect its own interests.
E. Effective Date. This Agreement shall be effective after approval by the Parties' governing
body and execution by the Parties' authorized representatives.
F. Governinq Law. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Minnesota.
G. Captions. Article and section headings contained in this Agreement are included for
convenience only and form no part of the Agreement among the Parties.
H. Waivers. The waiver by a Party of any breach or failure to comply with any provision of this
Agreement by another Party shall not be construed as, or constitute a continuing waiver of
such provision or a waiver of any other breach of or failure to comply with any other
provision of this Agreement.
I. Counteroarts. This Agreement may be executed in several counterparts, each of which
shall be an original, all of which shall constitute but one and the same instrument.
J. Savinqs Clause. If any court finds any article, section or portion of this Agreement to be
contrary to law or invalid, the remainder of the Agreement will remain in full force and effect.
IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused
this Agreement to be approved on the dates below.
City of , Minnesota
The City Council of , Minnesota duly approved this Agreement on the
day of , 20_
By:
Its Mayor
And:
Its Clerk
�
EXHIBIT I
RESOLUTION AUTHORIZING GOVERNMENTAL
UNIT TO BE A PARTY TO MINNESOTA WATER AGENCY RESPONSE NETWORK
(MnWARN)
WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by agreement of
their goveming bodies to jointly or cooperatively exercise any power common to them;
WHEREAS, MnWARN has been established by the adoption of a Mutual Aid Agreement (the
Agreement) among Governmental Units to allow their water, wastewater and storm water
utilities to assist each other in case of an emergency;
WHEREAS, the Agreement allows other governmental units to become a party to the
Agreement by the adoption of this Resolution and sending notice to the Secretary of the
Statewide Committee for MnWARN; and
WHEREAS, the governing body of fname of aovernmental unitl considers it to be in the best
interests of the [City][County][Town] to be a party to the Agreement.
NOW, THEREFORE, BE IT RESOLVED, that fname of qovernmental unitl:
1. Authorizes [ position title of desiqnated emolovee or officiall and f oosition title of
desiqnated emoloyee or officiall to sign this resolution evidencing the intent of [name
of governmental unit] to be a party to MnWARN; and
2. fName of designated emolovee or officiall is directed to send a certified copy of this
resolution and a completed membership information form to the Secretary of the
Statewide Committee of MnWARN; and
3. [Name of political subdivision] agrees to comply with all terms of the Agreement.
IN WITNESS WHEREOF, fname of aovernmental unitl, by action of its goveming body, caused
this Resolution to be approved on fMonth/Date/Yearl.
By: _
n5
And:
Its
37
�
.
,
TO:
FROM:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 14, 2011
William W. Bums, City Managerp�(��
James Kosluchar, Public Works Director
March 14, 2011
PW 11-024
SUBJECT: Resolution to Dissolve the Six Cities Watershed Management Organization
At its February 7"' meeting, the City Council approved resolutions to request that areas within the Six
Cities Watershed Management Organization (SCWMO) be transferred into the Coon Creek
Watershed District (CCWD) and the Mississippi Watershed Management Organization (MWMO).
The City Councils of Blaine and Coon Rapids have passed similar resolutions seeking to have their
cities included in a watershed district. As a result of the actions of these three cities, on February 10,
2011 the SCWMO board passed a resolution to dissolve the organization (see attached).
At the SCWMO meeting, a summary of possible steps for the SCWMO was provided by Board of
Water and Soil Resources (BWSR) staff. This summarizes a timeline and process whereby the
CCWD can meet the June 30�" deadline for establishing collection of levy for its expanded area in
2012, which is their goal.
Staff has also been discussing timelines for transition of the southem portion of Fridley into the
MWMO. Upon their updated plan approval, which is forthcoming, their staff has indicated that work
will begin on a revision to their Joint Powers Agreement (JPA) to include this portion of Fridley into
the MWMO. They anticipate the JPA revision process will take a number of months, but are working
with us to include us in their 2012 budget planning.
Each of the member cities was asked to obtain City Council resolutions approving the action to
dissolve the SCWMO. The board will meet again on March 17, 2011 to complete the final actions for
dissolution. A resolution that requests member Cities' termination of the Joint Powers Agreement
that established the SCWMO has been drafted by the SCWMO attorney, and is attached for your
approval as the next step in transitioning from the SCWMO to the CCWD and MWMO. Note that
the dissolution is not effective until 90 days after notice from the SCWMO to Anoka County.
Staff recommends Council approve the attached resolution requesting terminating membership in
the Six Cities Watershed Management Organization and requesting dissolution of the Six Cities
Watershed Management Organization.
JPK:jk
Attachments
�
RESOLUTION
WHEREAS, several member cities of Six Cities Watershed Management Organization
have detennined they prefer the territory that makes up Six Cities Watershed Management
Organization no longer be a separate Watershed Management Organization but instead be
merged with existing watershed districts or other existing watershed management organizations;
and
WE�REAS, the e�cisting Joint Powers Agreement under which Six Cifies Watershed
Management Organization was created requires a two-thirds vote of the governing bodies in
order to terminate the Joint Powers Agreement.
NOW, T'HEREFORE, BE IT RESOLVED, as follows:
Each of the six representatives of Six Cities Watershed Management Organization
shall request of theit respective city councils a decision regazding termination of
the existing Six Cifies Joint Powers Agteement.
2. Once decisions are made by each respective city, the Six Cities Watershed
Management Organization shall notify Anoka County and the Minnesota Board of
Water and Soil Resources of this dissolution.
These actions shall be accomplished within a 90-day period as provided within the
existing Joint Powers Agreement.
Adopted by the Board of Managers this day of , 2011.
ATTESTED BY:
Secretary
39
SIX CITIES WATERSHED
MANAGEMENT ORGANIZATION
�
Chair
Summary of Possible Steps for the Six Cities WMO
With multiple members currently requesting withdrawai from the JPA, and the tight timeline to meet the June 30`"
deadline for establishing a new taxing area (2012 collectionsJ, the foilowing steps are recommended:
Estimated Timeline
or Deadline
Febr�a ry
Step
Begin dissolution of existing 1PA
• Action by WMO eoard on Feb 10`h to dissoive {not
required as perJPA, but good step)
• WMO sends notice of intent to dissolve to Anoka
Co. and BWSR—dissolution not effective until 90
days tollowing notice
Action by member cities to dissolve JPA
• 2/3 vote of governing bodies to dissolve — must be
completed within the 90 day notice period
• Cities that will be part of CCWD — resolution
Februa ry/Ma rch
' indicating conwrre�ce with boundary change
needed {can be part of dissolution resolution)
March
• tities that will not be part of CCWD—discuss next
steps with MWMO'
Involvement
WMO
Member Cities
• Blaine 12/17, 3/3, 3/30)
• Colombia Hefghts (2/18, 3J14)
� Coon Rapidsj2/22.3/7)
• Fridley
. Hiiltop
• Spring take Park (2J22, 3J7,
3/21)
Draft petition for enlargement of CCWD sent to BWSR I CCWD (2/28, 3/14, 3/28j
' Petition must be received by BWSR April 6`" for April
I 27th BWSR Board meeting
April i• Notice of filing published
May
• BWSR Board accepts petition, schedules date in
May for possible pubiic hearing
Hearing held only if requested
BWSR
BWSR
I BWSRBoardorderenlargingCCWDconsideredatlune I
June 22"tl 22"tl Board meeting and, if approved, filed with � BWSR
� Secretary of State immediately after.
'Boundary change of MWMO does not require petitioning BWSR; steps and timeline will vary depending
on MWMO Board.
. �
RESOLUTION NO. 2011-
RESOLUTION TERMINATING MEMBERSHIP IN AND REQUESTING
DISSOLUTION OF THE SIX CITIES WATERSHED MANAGEMENT
ORGANIZATION
WHEREAS on December 5, 1983, the Fridley City Council enacted Resolution No. 118-1983 authorizing
execution of a Joint Powers Agreement with the cities of Blaine, Columbia Heights, Coon Rapids,
Hilltop, and Spring Lake Pazk for the purpose of organizing a watershed management organization to be
known as the Six Cities Watershed Management Organization (SCWMO), and
WHEREAS on July 11, 1994, the Fridley City Council auffiorized execution of a Restated Joint Powers
Agreement that revised the original Joint Powers Agreement to bring it into compliance with statutory
changes, and
WHEREAS the City of has been a member of the Six Cities Watershed Management Organization
since the adoption of the original Joint Powers Agreement creating that Watershed Management
Organization on December 30, 1983, and
WHEREAS, the City of has now determined that the Ciry will be better served by dissolving the Six
Cities Watershed Management Organization and transferring the temtory which was previously in
the Six Cities Watershed Management Organization to a different Watershed Management
Organization or Watershed District.
WHEREAS Resolution Number 2011-1Q approved by the City Council on February 7`�, 20ll, requests
the Coon Creek Watershed District to expand its boundazies to include the nodhern portion of the City of
Fridley curcently within the SCWMO, and
WHEREAS Resolution Number 20ll-11, approved by the City Council on February 7�', 2011, requests
the Mississippi Watershed Management Organization to expand its boundaries to include the southem
portion ofthe City ofFridley cursently within the SCWMO.
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley hereby terminates its membership in
the 5ix Cities Watershed Management Organization Joint Powers Agreement and requests that
pursuant to that Agreement, the Six Cities Watershed Management Organization be dissolved within
the next ninety (90) days.'
PASSSED AND ADOPTED BY THE CITY COUNCIL OF Ti� CITY OF FRIDLEY THIS 14`" DAY
of MARCH, 2011.
ATI'ESTED
DEBRA A. SKOGEN - CITY CLERK
41
SCOTT J. LUND - MAYOR
AGENDA ITEM
'�,,,oF CITY COUNCIL MEETING OF MARCH 14, 2011
FRIDLEY
TO: William W. Burns, City Manager���° PW11-022
FROM: James P. Kosluchar, Public Works Director :_ '�/—�'�
Layne Otteson, Assistant Public Works Dire G//�\
DATE: March 14. 2011
SUBJECT: Award Contract for Sanitary Sewer Lining Project No. 400
The Capital Improvement budget has funds identified for lining rehabilitation of our sanitary
sewer lines. We will be doing this work in five areas in 2011. We provided information on
the locations of the proposed work at the January 24, 2011 City Council meeting.
On Wednesday, March 2, 2011, at 2:00 p.m. bids were opened for the 2011 Sanitary
Sewer Lining Project No. 400. Four bidders submitted bids on this project (see attached
tabulation). The low bid was received from Veit & Company, Inc. of Rogers, MN in the
amount of $199,752,00. The high bid received was $302,106.00. The low bid exceeds the
budgeted amount of $190,�00.
Rather than reduce this contract, staff has determined that there is significant need to line
the pipes as proposed rather than delay due to deteriorating condition. Fortunately,
additional funds within the Sewer Capital Improvement Budget recently became available.
The Wickes Lift Station rehabilitation work cost estimate was received from the Contractor
last week and the City will realize a cost savings that will offset the additional sewer lining
costs.
This is the second consecutive year the project includes work within the University Avenue
(Trunk Highway47) right-of-way. This will likely require overnightwork for some segments
to minimize tra�c impacts. The work will take place between April 15 and September 15,
2011. The project requirements allow flexibility to prevent undue increase in costs. Upon
award and execution of contracts, staff will schedule a preconstruction meeting, at which
time a schedule of work will be received from the contractor.
Recommend the City Council receive the bids and award the contract for the 2011 Sanitary
Sewer Lining Project No. 400 to Veit & Company, Inc. in the amount of $199,752.00.
JPK:jpk
Attachment 42
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SANITARY SEWER
CITY OF
LINING PR❑JECT
�RIDLEY MAP
DATE� JAN. 2011
#400
SCALE: NTS
DRAWN BY� RRS
CfTY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 14, 2010
William W. Burns, City Manager �!� r
James P. Kosluchar, Public Works Directo
March 14, 2011
PW 11-023
Recommendation of Award for 2011 Miscellaneous Concrete Repair
City of Fridley Project No. 401
On Wednesday, March 9th, 2011, at 10:00 a.m. bids were opened for the 2011 Miscellaneous
Concrete Repair Project No. 401. The project includes remedial repairs to sidewalk, concrete
street panels, and concrete curbs. Repairs are due to utility repairs, driveway entrance permits
and general deterioration.
This work is elective and the work is authorized by staff on a location by location basis. Therefore
staff controls project work and operates within budget. Last year, staff realized a significant
reduction in the Contract by excluding curb replacement on street improvement projects and
replacing minimal sidewalk and street panels. Staff will pursue similar reductions this year.
Project was initially estimated at $45,000 by using the reduced 2010 quantities as a basis. As
winter has continued, Public Works staff has reported an increase in annual utility repairs
throughout the City and an accelerated deterioration of the concrete streets. Quantities were
adjusted to reflect the potential increases.
In an effort to attain the best possible bid price, staff included those curb quantities in this project.
By doing so, we assure the most favorable curb pricing to the City.
Three bids were received per the attached bid tabulation. The low bid was submitted by Ron
Kassa Construction, Inc. in the amount of $62,200.00. Ron Kassa Construction, Inc. has
previously been awarded the contract (2000, 2001, 2002, 2004, and 2009) and provided
acceptable perFormance and response.
This year's prices for the project are approximately 1% higher than those of last year's project.
The project is within the amount budgeted for 2011.
45
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iRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 14, 2011
LICENSES
TYt'E OF LICENSE: APPLICANT: APFROVED BY:
Food and On-Sale 3.2% Malt Liquor Naveen Shrestha for Shrestha City Clerk
and Wine Licenses Group Inc dba Himalayan Public Safety Director
Restaurant II Assistant Fire Chief
�65 53rd Avenue NE Buildin Official
Lawful Gambling Pernut Fridley Historical Society City Clerk
(Raffle) Sue Meyers - Chair Public Safety
Temporary Food Sales Fridley Flames — Fire Auxiliary Fire Inspector
Apri12, 2011 Spaghetti Dinner Public Safety Director
Fund Raiser Katherine Messer Plannin Assistant
Lawful Gambling Permit Woodcrest PTA City Clerk
(Bingo & Raffle) Jodi Schwager Public Safety
- Treasurer
Massage Therapy Certificate Gretchen Brianna Edholm City Clerk
Lifetime Fitness & Life Spa Police Department
Fridle
%2
'= AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 14, 2011
F a� LICENSES
73
�
CfiY �F
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OFMARCH 14, 2011
LICENSES
William W. Burns, City Manager
John Crelly, Fridley Assistant Fire Chief
Mazch 9, 2011
Annual renewal of rental licenses
Attached is a list of 43 properties that have completed the license renewal process. Each property
listed has submitted a rental license application, paid all fees, and has completed the rental
property inspection process.
Staff recommends that City Council appmve the rental license renewals for these properties.
74
Rental Housing.
ProplD: Property Address Units
1121
tt3a
1919
ii�
i�ss
1166
i�s�
1657
1524
ia�s
1189
t2oo
�zo�
7939
i sae
1313
1659
isos
�9ao
1953
�s�
isoz
�s2�
1857
�ass
ist�
1648
�o�a
i saa
�o�s
��o�
��oa
1837
��ta
�sss
�ssa
�ss�
1705
1416
iso�
1691
1947
1452
6525 2nd St. NE
5025 3rd St. NE
5045 3rtl St. NE
5291 3rd St. NE
5339 4th St. NE
5347-49 4th St. NE
5419 4th St. NE
7534 4th St. NE
516 53 1/2 Ave. NE
571 53rd Ave. NE
217-219 57th PI. NE
5365-67 Sth St. NE
5373-75 Sth St. NE
5543 5th St. NE
5956 5th St. NE
7553-55 Able St. NE
7874 Aiden Way NE
170 Craigbrook Way
5431 E Brenner Pass
7505 East River Rd.
1047 Fillmore Cir. NE
1346 Hillcrest Dr. NE
517 Hugo St. NE
517 Kimball St. NE
735 Kimball St. NE
4551-53 Main St. NE
5514 Meister Rd. NE
100-110 Mississippi PI.
1250-60 Mississippi St.
840 Mississippi St. NE
1601 N Innsbruck Dr. #152
1601 N Innsbruck Dr. #154
1601 N Innsbruck Dr. #208
1601 N Innsbruck Dr: #220
1601 N Innsbruck Dr. #307
1601 N Innsbruck Dr. #322
1601 N Innsbruck Dr. #338
1601 N Innsbruck Dr. #376
1261-63 Norton Ave. NE
5530 Regis Drive NE
1585 S Bavarian Pass
7450 Stinson Blvd NE
7385-87 University Ave.
7
11
2
11
2
3
4
1
1
1
1
2
1
1
1
2
1
1
1
1
1
1
1
1
1
2
1
2
3
1
1
1
1
1
1
1
1
1
2
1
1
1
2
Total # of Licenses for approval: 43
75
Owner
Paul M. Johnson
Excelsior Properties
Wilshire Properties, LLC
Helena Bigos
Majestic Development
Duane Schwartz
Rashad Badae
Doreena Cisewski
John A. Koenig
Kou Yang
Michele Livingston
Simon Rashid
Joel Hansmann
Real Property
Peter Collins
Ashraf, LLC
Chuck & Heidi Nygren
Raad Almobarak
Paul 8 Elissa Weller
William Brown
Brandon R. Johnson
Jim Kennedy
Ahmet Celenli
Adabayo Mustapha
Paul Dotty
Daniel Yesnes
William 8 Stacy Bauer
Bruce Westman
Gerald Joseph Pehl
Debra Redmann
Joe Barton
Sue Schuck
Wiliiam & Stacy Bauer
Christie Reeves
Margaret Thompson
Brian Tjosvold
Margaret Thompson
Sue Schuck
Westin Investments, LLC
BKL
Yvonne & Randall Waters
Peter Collins
Brian P. Manning
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 14, 2011
rnr oF
FRIDLEY
Date: March 8, 2011
To: William Burns, City Manager ��
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: First Reading for Text Amendment Request, TA #11-04, Hyde Park Zoning District, Chapter
205.23
INTRODUCTI ON
One of the action steps in the Comprehensive plan was to consider amending the Hyde Park zoning
district to allow redevelopment of property with existing multi-family housing to new multi-family
housing.
The Hyde Park Neighborhood is bordered by Main Street on the west, 61" Avenue to the north,
University Avenue to the east and 57`h Place to the south.
ANAlY515
Staff has taken some time over the last few months to research the existing Hyde Park code language.
We determined that minor modifications need to be made to the language to aliow existing uses, to be
considered permitted uses. We also took this time to amend other sections of this zoning code that
need updating. The amended sections include the Purpose section and those dealing with district
boundaries, accessory uses, existing uses, and excluded uses. Other proposed changes also deal with lot
width, lot coverege, setbacks, and refuse.
PREVIOUS CITY COUNCIL ACTION
At the February 14, 2011, City Council meeting, TA #i1-04 was tabled until the March 14, 2011,
meeting, to allow enough time for the TOD neighborhood meeting to 6e held on March 7, 2011. The
TOD meetings were held, with no additional information arising related to this text amendment.
The City Council held a public hearing for TA #11-04 on February 7, 2011. There was no
recommendation made by the Council to modify the proposed text language.
PLANNING COMMISSION RECOMMENDATION
At the January 19, 2011, Planning Commission meeting, a public hearing was held for TA ti11-04. After
stafYs presentation and receiving comments from the public, the Planning Commission made a motion
%s
Ordivance No.
AN ORDINANCE AMENDING CHAPTER 2U5.23, RELATED TO PURPOSE, DISTRICT
BOUNDARIES, PERMITTED USES, ACCESSORY USES, EXISTING USES, EXCLUDED
USES, LOT WIDTH, LOT COVERAGE, SETBACKS, AND REFUSE FOR PROPERTIES
WITHIN THE S-1 I�YDE PARK NEIGHBORHOOD ZONING DISTRICT
The Fridley Planning Commission and City Council hereby finds after review, examination and
rewmmendation of staff that Chapter 20523, S-1, Hyde Park Neighborhood District Regulations be
amended as follows:
SECTION 1: That Section 205.23.2 be 6ereby amended as follows:
2. PURPOSE
The purpose of this special zoning district is to:
A. Establish a zoning mechanism for the neighborhood that will allow a variety of housing
types on lots with reduced lot sizes and setbacks. E#�aege--t�ke--�ese� "—;�r
tl9Hf6ft�6Ffl3ifig—HSe�� Si3�HS 6� ��ie t2Si�BFkF1� '��"'°v�i�r'�n^xgS--iia—tmo=ncf'6ao,•'�•,•,•omwa- i�-@
n,.,...�......:..R. e��..�.......
tiv.xrvrmzacb�
B. Sunport °°°°�� the residential character of the neighborhood.
C. Protect the property rights of all �eserit landowners , while
promoting reinvestment and development in *�° -°°�a�°��°' a°°°'��-�°°t �r the
neighborhood.
� _
. "
SECTION 2: That Section 205Z3.3 be hereby ameoded as follows:
3. DISTRICT BOUNDARIES
_ �. . . . .
� _�-� � � : . .
• • _ � ,
south.
SECTION 3: That Section 205.23.4 be 6ereby amended as follows:
4. USES PERMITTED
A. Principal Uses.
�
The following aze principal uses in the S-1 District:
One-family dwellings, except for those uses as allowed as oart of section 205.23.4.C.(11.
B. Accessory Uses.
���.ennsr.r.� . . _ . . _
,�
- � � -
_ � _
. � � . . ...
. . .. .. .. .. .. ..• • • -- ••- • •- • •-• •.. .. .-• - - - -• • -
r. - . �
.
_ �.
(11 A private a�rage is the first accessorv building It shall not exceed 100% of the first floor area
of the dwelling unit or a maximum of 1.000 sauaze feet
(2) A second �ge or accessory buildin� over 120 square feet Qrovided the followin� criteria
are met:
�� The combined total floor area of all accessorv buildines shall not exceed 1 400
square feet.
(b.) The maximum heiQht for all accessory buildin�s shall not exceed fourteen (14) feet
above erade at the mids�an of roof Midspan for ourooses of this ordinance shall be
described as the midpoint between the eave line and the hi�hest ooint on the
buildin�s roof, as measured at the front elevation of the structure
(c.l Accessorv buildin� shall not be used for a home occupation or as living area
79
(e.) All drive and parkinq areas to be hard surfaced.
(31 Privately owned recreational facilities which a�e for the enjoyment and convenience of the
residents of the principal use and their u� ests•
(4) Home occupations
(5) The rental of guest rooms to not more than two (21 nersons per dwellin� unit•
(6) Solaz energy devices as an integral part of the principal structure.
C. Existing Uses.
(1) Ail existing uses will be classified as permitted uses within the zoning district on the
present propeRy which they occupy.
D. Uses Excluded.
The following aze excluded uses in the S-1 District:
(2) Uses which may be danQerous, create annoving odors noise disturbances or be
otherwise detrimental to the eeneral welfaze of persons residing or workine in the vicinity
thereof or may imvair the use enjoyment or value of any propertv
SECTION 3: That Section 205.23.5 be hereby amended as follows:
5. LOT REQUIREMENTS AND SETBACKS
B. Lot Width.
:1
(1) The width of a lot shall not be less than sixty (60) feet at the required setback. Corner
lots shall not be less than sixty-five (65) feet at the required setback.
_� .
� - - -
� - -
C. Lot Coverage:
Not more than *•°°�'° F..° �°-�°°' "�o' ` thirty-five percent (35%) of the azea of a lot
shall be covered by the main building and all accessory buildings.
D. Setbacks:
(2) Side Yazd:
n.. ,.F r...,......., i �nnG ..n .. ,.vi„ ,.r �....a a,,..,.�,.....a ...:«�. ., o...:_vi., ., ..te
� . °
°a °° °'���'°�° °'��" -° ° Tfln+o (2) side yards are required, each with a
width of not less than seven and one half (7.5) feet, except as follows: (Ref 1217)
(a) Where a house is built without an attached garage, a minimum side yard
requirement shall be ten (10) feet on one side, and thirteen (13) feet on the other
side, so that there is access to the reaz yard for a detached and off-street pazking
azea.
(b) Where a house is built with an attached gazage, the side yard adjoining the
attached gazage or accessory building may be reduced to not less than five (5)
feet, provided the height of the garage or accessory building on that side is not
more than F.:n�� fouReen (14) feet.
SECTION 4: That Section 205.23.7.0
C. Refuse.
All waste materials, refuse or garbage shall be contained in closed containers as required
under the Chapter entitled "�Vaste Refuse Disposal" of the Fridley City Code.
�
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 14, 2011
QiY OF
FRIDLEY
To: William W. Burns, City Manager
From: Darin R. Nelson, Finance Director
Date: March 9, 2011
Re: Connectivity Services Agreement with Anoka County for Broadband Services
Back on February 14'�', staff provided the Council with a presentation on the Connect Anoka County
project. The presentation included representatives from the county, including commissioner
Kordiak, who has been instrumental in spearheading this project.
As you may remember, this connectivity project will link 145 anchor institutions with three core
rings, creating a 286-mile fiber optic backbone. The backbone will connect police, fire, public
works, libraries, K-12 schools, colleges, city and town halls, and county buildings. Due to some
last minute changes to the agreement just prior to the February 14�' council meeting, staff felt that it
was in the city's best interest to table the agreement to the March 14�' council meeting.
Since that time, the county has continued negotiating the final details of the agreement, with the
goal of creating one uniform agreement that all entities can agree upon. A final uniform agreement
is close to being finalized. However, there aze still a few unresolved issues amongst the various
entities. At this point in time, staff would rather continue to table the agreement rather than bring
forward an agreement that may need to be amended within the neaz future.
Staff is recommending that council continue to table the Connectivity Services Agreement with
Anoka County until April 11�', which should be a sufficient amount of time to finalize an
agreement.
�
�
CfTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 14, 2071
Date: March ] 0, 2011
To:
From:
Subject:
William Burns, City Manager
��
�
James Kosluchar, Public Works Director
Jack Kirk, Pazk and Recreation Director
Julie Jones, Planning Manager
Resolution Authorizing DNR Outdoor Recreation Grant Application for West Moore Lake
Park
Background
In an effort to help cities apply for Federal and State gant funds that could finance new walking and biking
opportunities, Anoka County Health used some of their State Health Improvement Program (SHIP) funds to
provide the City of Fridley with a consultant who specializes in writing gant applications. Fridley City staff
has been working with this consultant for several months to determine if Fridley had any suitable projects
that matched available grant funding programs. Since these projects are difficult to get funded, the consultant
is recommending that the Ciry of Fridley apply for multiple projects, with the assumption that only one will
likely get funded. City staff agreed with this approach, because even if a grant application is not funded this
year, the City could use the materials gathered in the application to reapply for the same or similar grant
programs in subsequent years without needing to hire a consultant to manage the time consuming task of
completing applications.
One of the potential funding sources available to cities is the Minnesota Depariment of Natural Resources
(DNR) Outdoor Recreation grant program. This program is designed to assist local governments in
redeveloping outdoor recreation facilities. Staff feels that West Moore Lake Park is a perfect candidate for
this grant program. This park, commonly referred to as the Sand Dunes, was previously aceessible via an
elevated, wooden boardwalk, but the boardwalk deteriorated and became a safety hazard and constant
maintenance problem, and with insufficient funding to replace the boardwalk with an asphalt trail, the
boardwalk was removed several years ago due to safery concerns and was not replaced. Funding has not been
designated for replacement of the walking trail through the park in the City's Capital Improvements Plan as it
was not a high priority among other park improvement needs.
Fridley's involvement in the SHIP program has caused staff to analyze Fridley's existing walking and biking
infrastructure, and staff sees a strong need to create a complete trail system around Moore Lake. There are
several sections of missing links in the trail/sidewalk system around the lake. Providing trails around the
perimeter and within West Moore Lake Park are one of the components to completing the loop.
In addition, the Ciry has allowed the Fridley High School students to use the park as a canoe launch for many
years. Providing a paved trail to the cance launch would not only protect the natural areas of the park from
unwanted erosion, but could also Formalize a canoe/kayak launch area for the general public to use. West
Moore Lake is only about 3' deep throughout, so it is an excellent training resource for this type of boat use.
:�
Two des'ved uses of DNR's Outdoor Recreation grant program funds aze for non-motorized trails and canoe
launch areas. That is why staff saw this program as a perfect fit to provide funding for desirable
improvements in West Moore Lake Park. This grant program does require a 50% funding match. At this
time, the City has no capital improvement funds budgeted for this project. If the City were awarded the grant,
the City would have until June 2013 to complete the work, so funding could be set aside in the 2013 budget.
Staff has estimated that the projecYs total cost would be approximately $54,000.
One of the requirements of this gant program is that the City hold a public meeting to consider the
improvements, so a public hearing notice was posted in the Iocal newspaper on March 3, 20ll. Therefore,
the City Council will have a public heazing on the March 14, Council agenda regarding this item.
Recommendation
Staff recommends that the City Council hold a public hearing on this item to obtain any public input on
March 14, If Council wishes to proceed with this grant application, the attached resolution must be approved
the same night to allow the City adequate time to compile the application for the DNR Outdoor Recreation
grant program funds before the submission deadline. If the project were funded, staff will be bringing this
item back to the City Council with a recommendation of how the matching funds could be provided before
executing a gant funding agreement with the DNR.
m
RESOLUTION NO. 2011-
A RESOLUTION AUTHORIZING APPLICATION FOR DNR OUTDOOR
RECREATION GRANT FUNDS FOR TRAILS IN WEST MOORE LAKE PARK
WHEREAS, the Minnesota Department ofNatural Resources (DNR) is soliciting proposals for
their Outdoor Recreational Program to increase and enhance outdoor recreation facilities in local
and community parks throughout the state; and
WHEREAS, West Moore Lake Park in an amenity that currently is not very accessible, and
adding trails to the pazk would both protect the natural features of the pazk and allow the public
to enjoy the outdoor recreation in provides; and
WHEREAS, funding has been provided by the State Health Improvement Program to assist the
City of Fridley in developing an application for grant funding that helps create new walking and
biking opportunities in Fridley;
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley act as legal sponsor for the
West Moore Lake Pazk trail project contained in an Outdoor Recreation Program Application to
be submitted on March 31, 2011, and that the Ciry Manager is hereby authorized to apply to the
Department of Natural Resources for funding of this project on behalf of the City of Fridley.
BE IT FURTHER RESOLVED that the City of Fridley has the legal authority to apply for
financial assistance, and financial capability to meet the match requirement and ensure adequate
construction, operation, maintenance and replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED that the City of Fridley has not incurred any development costs
related to the project and already owns the West Moore Lake Park land designated for this
project.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of
Fridley may enter into an agreement with the State of Minnesota for the above-referenced
project, and that the City of Fridley certifies that it will comply with all applicable laws and
regulations as stated in the grant agreement.
NOW, THEREFORE BE IT RESOLVED that the City Manager of the City of Fridley is hereby
authorized to execute such agreements as aze necessary to implement the project on behalf of the
City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA
COUNTY, MINNESOTA THIS 14`h DAY OF MARCH, 2011.
Scott J. Lund - Mayor
ATTEST:
Debra A. Skogen - Ciry Clerk $s
AGENDA ITEM
'cm,oF CITY COUNCIL MEETING OF MARCH 74, 2017
FRIDLEY
Date: March 10, 201 I
To: William Burns, Ciry Manager ���
From: James Kosluchaz, Public Works Director
Jack Kirk, Park and Recreation Director
Julie Jones, Planning Manager
Subject: Resolution Authorizing DNR Outdoor Recreation Grant Application for Sand Dunes Trail
Proj ect
Background
[n order for the City of Fridley to apply for Minnesota Department of Natural Resources (DNR) Outdoor
Recreation grant program funds, the City Council must hold a public meeting and approve the attached
resolution. The deadline for submitting the grant application is March 31, 2011.
Recommendation
Staff recommends that the City Council approve the attached resolution following the public hearing
scheduled for the March 14 City Council meeting, which would allow staffto proceed with this grant
application for new trails in the Sand Dunes Natural History Area of West Moore Lake Park.
: :
RESOLUTION NO. 2011-
A RESOLUTION AUTHORIZING APPLICATION FOR DNR OUTDOOR
RECREATION GRANT FUNDS FOR TRAILS IN WE5T MOORE LAKE PARK
WHEREAS, the Minnesota Department ofNatural Resources (DNR) is soliciting proposals for
their Outdoor Recreational Program to increase and enhance outdoor recreation facilities in local
and community parks throughout the state; and
WHEREAS, West Moore Lake Park in an amenity that cunently is not very accessible, and
adding trails to the park would both protect the natural features of the pazk and allow the public
to enjoy the outdoor recreation in provides; and
WHEREAS, funding has been provided by the State Health Improvement Program to assist the
City of Fridley in developing an application for grant funding that helps create new walking and
biking opportunities in Fridley;
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley act as legal sponsor for the
West Moore Lake Pazk trail project contained in an Outdoor Recreation Program Application to
be submitted on Mazch 31, 2011, and that the City Manager is hereby authorized to apply to the
Department of Natural Resources for funding of this project on behalf of the City of Fridley.
BE IT FURTHER RESOLVED that the City of Fridley has the legal authority to apply for
financial assistance, and financial capability to meet the match requirement and ensure adequate
construction, operation, maintenance and replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED that the City of Fridley has not incurred any development costs
related to the project and already owns the West Moore Lake Park land designated for this
project.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of
Fridley may enter into an agreement with the State of Minnesota for the above-referenced
project, and that the City of Fridley certifies that it will comply with all applicable laws and
regulations as stated in the grant agreement.
NOW, THEREFORE BE IT RE50LVED that the City Manager of the City of Fridley is hereby
authorized to execute such agreements as aze necessary to implement the project on behalf of the
City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA
COLJNTY, MINNESOTA THIS 14`h DAY OF MARCH, 2011.
Scott J. Lund - Mayor
ATTEST:
Debra A. Skogen - City Clerk 89
AGENDA ITEM
o CITY COUNCIL MEETING OF MARCH 14, 2071
FRIDLEY
Date: Mazch 10, 2011 �
To: William Burns, City Manager i��
From: James Kosluchar, Public Works Director
Jack Kirk, Park and Recreation Director
Julie Jones, Planning Manager
Subject: Resolution Authorizing DNR Local Trail Connection Grant Application for Moore Lake
Recreational Loop — Phase I
Background
In addition to the Sand Dunes trail, which is the subject of the public hearing on Mazch 14, the City of
Fridley also has an opportunity to request funding from the DNR for other trail programs. Staff has been
using SHIP funding over the past few months to develop a comprehensive bike/walk access plan for the City.
During this process, many missing trail and sidewalk links have been mapped, discussed, and prioritized.
When additional County SHIP dollazs became available to fund the writing of grant applications for needed
trail connections, staff took advantage of the expertise provided to the City at no cost to us to determine if
any of the needed cormections met the parameters of available grant funds. Besides the Sand Dunes trail
project that will be discussed in a public heazing Monday night, two other projects have been detertnined to
be good candidates for funding. One is providing a trail around the perimeter of West Moore Lake Park,
which connects to existing sidewalk on West Moore Lake Drive, and provides part of a needed loop around
Moore Lake. There is also a need to create a larger loop around Moore Lake by connecting a sidewalk that
ends on 7'h Street at 59'h Avenue south to an existing trail on Medtronic Parkway.
The consultant that the City is working with advises us that this project would be suitable for a DNR Local
Trail Connection grant funds. This grant program also requires a 50% local match. Both parts of the
proposed project are estimated to cost a total of $122,300. The City could use MSA funds for the required
match. The grant would need to be completed by June 2D13. A public hearing is not required for this grant
program.
Recommendation
Staff recommends that the City Council approve the attached resolution, authorizing staff to submit the grant
application. If the DNR selects the project for funding, staff will bring the funding agreement back before
Council for review before proceeding with the project.
. �
RESOLUTION NO. 20ll-
A RESOLUTION AUTHORIZING APPLICAT[ON FOR DNR IACAL TRAIL CONNECTION
GRANT FUNDS FOR MOORE LAKE RECREATIONAL LOOP • PHASE I
WHEREAS, the City of Fridley supports a grant application made to the Minnesota DepaRment of
Natural Resources (DNR) for the Local Trail Connection Program, which will provide 1,230 feet of
additional trail access around Moore Lake and 1,�50 feet of trail along 7�n Street that will complete a
lazger trail route around Moore Lake in Fridley; and
WHEREAS, the City of Fridley recognizes the fifty (50) percent match requirement of the Local Trail
Connection Program and has secured the matching funds;
NOW, THEREFORE, BE IT RESOLVED if the City of Fridley is awarded a grant by the Minnesota
Department of Natural Resources, the City of Fridley agrees to accept the grant award, and may enter into
an agreement with the State of Minnesota for the above referenced project. The City of Fridley will
comply with all applicable laws, environmental requirements and regulations as stated in the grant
agreement; and
BE IT FURTHER RESOLV ED that the Ciry Council of the City of Fridley will act as its own fiscal agent
for this project;
BE IT FURTHER RESOLVED that the City of Fridley hereby assures the West Moore Lake Recreational
Loop will be maintained for a period of no less than 20 years.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA
COUNTY, MINNESOTA THIS 14th DAY OF MARCH, 201 l.
ATTEST:
Debra A. Skogen — City Clerk
91
Scott J. Lund - Mayor
AGENDA ITEM
� F CITY COUNCIL MEETING OF MARCN 14, 2011
FRIDLEY
Date: March 10, 2011
To: Wiliiam Burns, City Manager ��1�
From: James Kosluchar, Public Works Director
Jack Kirk, Park and Recreation Director
Julie Jones, Planning Manager
Subject: Resolution Authorizing DNR Local Trail Connection Grant Application for Unity Hospitat
Health Walk to Rice Creek Regional Pazk
Background
In addition to the Sand Dunes trail, which is the subject of the public hearing on March 14, the City of
Fridley also has an opportuniry to request funding from the DNR for other trail programs. Staff has been
using SHIP funding over the past few months to develop a comprehensive bike/walk access plan for the City.
During this process, many missing trail and sidewalk links have been mapped, discussed, and prioritized.
When additional CounTy SHIP dollazs became available to fund the writing of grant applications for needed
trail connections, staff took advantage of the expertise provided to the Ciry at no cost to us to determine if
any of the needed connections met the parameters of available grant funds. Besides two potential grant
projects related to Moore Lake, another project has been determined to be good candidates for funding. This
project involves connecting the newly created Health Walk around the Unity Hospital Campus to Rice Creek
Regional Park. This new trail segment would connect rivo privately created trails — one constructed by Unity
Hospital last year and one created by Target when their distribution center was built. The section across the
west end of TargeYs property connects to Locke Park, which contains the Rice Creek Regional Trail. In
addition, the dog park in Locke Park is being proposed to be moved to the location where the Target link
ends.
The consultant that the City is working with advises us that this project would be suitable for a DNR Local
Trail Connection grant funds. This grant program also requires 50% local match. The proposed project is
estimated to cost a total of $96,312. The City could use MSA funds for the required match. The grant would
need to be completed by June 2013. A public hearing is not required for this grant program.
Recommendation
Staff recommends that the City Council approve the attached resolution, authorizing staff to submit the grant
application. If the DNR selects the project for funding, staff will bring the funding agreement back before
Council for review before proceeding with the project.
92
RESOLUTION NO. 2011-
A RESOLUTION AUTHORIZING APPLICATION FOR DNR IACAL TRAIL CONNECTION
GRANT FUNDS FOR UIVITY HOSPITAL HEALTH WALK TO RICE CREEK REGIONAL TRAIL
WHEREAS, the City of Fridley supports a grant application made to the Minnesota Department of
Natural Resources (DNR) for the Local Trail Connection Pro�ram, which will provide a connection from
Unity Hospital's Health Walk to Madsen Park and across 73` Avenue to the Rice Creek Regional Trail
Fridley; and
WHEREAS, the City of Fridley recognizes the fifty (50) percent match requirement of the Local Trail
Connection Program and has secured the matching funds;
NOW, Tf�REFORE, BE IT RESOLVED if the City of Fridley is awarded a grant by the Minnesota
Department of Natural Resources, the City of Fridley agrees to accept the grant award, and may enter into
an agreement with the State of Minnesota for the above referenced project. The City of Fridley will
comply with all applicable laws, environmental requirements and regulations as stated in the grant
agreement; and
BE IT FURTHER RESOLV ED that the Ciry Council of the City of Fridley will act as its own fiscal agent
for this project;
BE IT FURTHER RESOLVED that the Ciry of Fridley hereby assures the connection from Unity
Hospital Health Walk to the Rice Creek Regional Trail will be maintained for a period of no less than 20
years.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA
COUNTY, MINNESOTA THIS 14`h DAY OF MARCH, 2011.
ATTEST:
Debra A. Skogen — City Clerk
93
Scott J. Lund - Mayor
CfTY OF
iRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 14, 2011
INFORMAL STATUS REPORTS
m