05/23/2011 - 6185�
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011
'
CfiYOF
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 disabili�ies to participate in any of Fridley's senrices, programs, and activities. Hearing impaired persons who
need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500.
(TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Parks & Recreation DepartmenYs Summer Programs
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 9, 2011
NEW BUSINESS:
1. Receive the Minutes from the Planning
Commission Meeting of April 20,
2011 ................................................ 1 — 7
2. Resolution Authorizing Final Changes in
Appropriations for the General Fund, Special
Revenue Funds, and the Capitol Improvement
Fund for the Year Ended 2010 ....... 8— 11
R� aon-a�
3. Claims
4. Licenses
5. Estimates
ADOPTION OF AGENDA:
OPEN FORUM. VISITORS: Consideration of items
not on Agenda —15 minutes.
OLD BUSINESS:
6. Livestock License Request by Andy Zheng
for Racing Pigeons (Tabled May 9,
2011) .............................................. 27
NEW BUSINESS:
7. First Reading of an Ordinance Amending
Chapter 128 of the Fridley City Code
Pertaining to Abatement of Exterior
Public Nuisances (Text Amendment,
TA #11-06) ..................................... 28 - 30
8. Consideration of Revocation of Special
Use Permit, SP #08-07, for Simba Collision,
Allowing Limited Outdoor Storage of Construction
Materials and Equipment and Vehicles Within a
Fenced-In Area in the Rear of the Property,
Generally Located at 7865-69 Beech Street
(Ward 3) ......................................... 31 - 34
12 - 23
9.
24-25
i►Z:
Informal Status Reports ................. 35
ADJOURN.
�
�
ClTY OF
FRIDLEY
CITY COUNCIL MEETING OF MAY 23, 2011
The City of Fridley will not discriminate against or harass anyone in the admission or access to,
or treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard
to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION: Parks & Recreation Department's Summer Programs
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 9, 2011
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Receive the Minutes from the Planning
Commission Meeting of April 20, 2011 ............................................................ 1- 7
2. Resolution Authorizing Final Changes in
Appropriations for the General Fund, Special
Revenue Funds, and the Capitol Improvement
Fund for the Year Ended 2010 ........................................................................ 8- 11
3. Claims ........................................................................................................ 12 - 23
FRIDLEY CITY COUNCIL MEETING OF MAY 9. 2011 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Licenses ........................................................................................................ 24 - 25
5. Estimates � ........................................................................................................ 26
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes.
OLD BUSINESS:
6. Livestock License Request by Andy Zheng
for Racing Pigeons (Tabled May 9, 2011)
NEW BUSINESS:
....................................................... 27
7. First Reading of an Ordinance Amending
Chapter 128 of the Fridley City Code
Pertaining to Abatement of Exterior
Public Nuisances (Text Amendment,
TA#11-06) ....................................................................................................... 28 - 30
8. Consideration of Revocation of Special
Use Permit, SP #08-07, for Simba Collision,
Allowing Limited Outdoor Storage of Construction
Materials and Equipment and Vehicles Within a
Fenced-In Area in the Rear of the Property,
Generally Located at 7865-69 Beech Street
-
ar .......................................................................................................... 31 34
9. Informal Status Reports ................................................................................... 35
ADJOURN.
/
a
CRY OF
FRIDLEY
TO:
FROM
CC:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 23, 2011
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Donovan W. Abbot, Public Safety Director
May 23, 2011
SUBJECT: Spring 2011 Tornado Cleanup Plan
PW 11-035
As requested at our emergency update meeting this morning, attached is our proposed Tornado
Cleanup Plan to deal with the aftermath of weather events on May 22
The main objectives of City Public Works crews are prioritized as follows: 1) clear roadways for
emergency access and safe travel, 2) clear park hazards, 3) re-establish tra�c signage, 4) clear
boulevard trees that block access to properties, 5) clear roadside and park debris such as trees,
roots, and branches, and 6) clean streets and storm sewers of debris.
Public Works crews have cleared and opened streets insofar as possible and remaining closed
streets are due to power line hazards that must be addressed by Xcel Energy prior to tree removal
work. Park hazards were cleared or secured today. Traffic signage has been re-established today.
We have begun the work of addressing boulevard trees that are blocking accesses today; this may
take a couple of days. Clearing roadside debris is likely to take three weeks with our public works
staff. Storm sewer inlets are being cleaned as needed currently, and final cleanup of streets will
follow debris removal operations.
While private property owners bear the responsibility of clearing trees and tree hazards on their
properties, we propose a residential assistance component for private property owners in addition to
our normal cleanup operations. This will allow for expediting cleanup Citywide, avoid the exercise of
determining responsible parties to dispose of storm debris, and encourage hauling of trees by
owners.
By collecting tree debris on the boulevard, we will extend boulevard cleanup by approximately one
week, however, private property cleanwp is progressing rapidly and this assistance may not require
the duration we are projecting. Residents will be responsible for placing topsoil and planting
disturbed areas.
We anticipate no contractor costs will be associated with this program at this time, and we will
evaluate the program at the end of the week to determine that resources are sufficient to complete
initial cleanup in three weeks.
We request that the City Counci amend tonighYs agenda o conside this plan, and recommend the
City Council move to approve the attac e 1 Torna o Cleanup n:
JPK:jpk
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
2011 Tornado Cleanup Plan
The main objectives of City Public Works crews are prioritized as follows: 1) clear roadways for
emergency access and safe travel, 2) clear park hazards, 3) re-establish traffic signage, 4) clear
boulevard trees that block access to properties, 5) clear roadside and park debris such as trees,
roots, and branches, and 6) clean streets and storm sewers of debris.
Clearinca Roadways: Street Division c�ews will respond and remove trees blocking roadways when
utilities are removed from the obstruction.
Clearina Park Hazards: Parks Division crews will address hazards in park areas, with assistance as
needed.
Re-Establish Traffic Siqna�e: Street Division personnel will repair signals and signage and will
coordinate reestablishing street lighting.
Clearinq Trees Blockinq Private Drives: Public Works personnel will work to clear boulevard trees
that obstruct access to private properties.
Clearina Roadside and Park Debris: Public Works personnel will clea� trees and large branches on
City boulevards in affected areas.
Residential Assistance Plan: The City will assist residential owners by providing 1) a drop-off site
for trees and brush, and 2) clearing of trees and large branches on boulevards. The tentative
disposal site is at Columbia Arena, where the City will arrange for chipping and grinding of wood
materials. Only trees, tree limbs, and clean brush will be accepted at the drop-off site from
addresses that were affected by the tornado. Individuals will be allowed to drop off brush and trees
during set hours to be determined. Residents will be responsible for placing topsoil and planting
disturbed areas, including those in boulevards. Residents are responsible to dispose of all building
debris outside this program.
Street and Storm Sewer Cleaninq: Public Works personnel will perform a final cleanup of streets by
sweeping and will clean all storm sewers.
We do not anticipate the need for contracted costs for pickup, hauling, and disposal of tree waste;
however, certain tree removals may require contracted assistance if their removal poses danger to
Public Works crews due to equipment and manpower limitations. While out of pocket costs are
minimized with this plan, other maintenance work perFormed by Public Works crews, including
mowing certain areas, street patching, etc. will be deferred until cleanup operations are complete in
order to provide the manpower to accomplish necessary work.
CITY COUNCIL MEETING
CITY OF FRIDLEY
MAY 9, 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 Barnette
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
Don Abbott, Public Safety Director
Scott A. Dahlberg, 5455 Sixth Street NE
PROCLAMATIONS:
Public Works Week: May 15-21, 2011
National Police Week: May 15-21, 2011
Peace Officers Memorial Day: May 15, 2011
PRESENTATION:
Anoka County Sheriff James Stuart.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Local Board of Appeal and Equalization
Meeting of Apri125, 2011
APPROVED.
City Council Meeting of Apri125, 2011
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 2
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 506,
Vehicle Parking Near Mailboxes and Chapter 901, Penalties.
William Burns, City Manager, stated the ordinance will make it a petty misdemeanor to park a
vehicle in a manner that interferes with mail delivery. If passed tonight, the ordinance will
become effective on June 3, 2011. Staff recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1280 ON SECOND READING AND ORDERED PUBLICATION.
2. Second Reading of an Ordinance Creating Chapter 205.33 0-8 of the Fridley City
Code Pertaining to Northstar Transit Oriented Development Overlay Zoning
District Regulations. •
and
Adopting Official Title and Summary Ordinance
William Burns, City Manager, said the proposed district covers a 338-acre area bounded by
I-694 on the south, 61 St Avenue on the north, the Mississippi River on the west, and University
Avenue on the east. It also includes a sma11 strip of land to the east of University Avenue. The
purpose of the Overlay District is to:
(1) Implement Code requirements that will encourage dense mixed use pedestrian-
friendly development within a half mile of the Northstar station site;
(2) Create multi-modal connections for the Fridley Northstar commuter rail station
that allows a safe access to the station by any mode of transportation;
(3) Create a neighborhood identity with the Northstar station that promotes the use of
mass transit, human interactions, safety, and livability;
(4) Reduce automobile dependency by locating a variety of land uses within a half
mile of the train station; and
(5) Provide life cycle housing for people of different income levels and housing space
� needs within one half mile of the train station.
Dr. Burns stated Council approved the first reading of this ordinance at its April 25, 2011,
meeting. Staff recommends Council approval of the second reading of this ordinance and
approval of the Title and Summary Ordinance.
FRIDLEY CITY COUNCIL MEETING OF MAY 9. 2011 PAGE 3
WAIVED THE READING OF THE ORIDNANCE AND ADOPTED ORDINANCE NO.
1281 ON SECOND READING AND ADOPTED THE OFFICIAL TITLE AND
SUMMARY ORDINANCE AND ORDERED PUBLICATION.
3. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to General Provisions and Fees.
William W. Burns, City Manager, stated this amendment includes the $1,600 TOD application
fee and a$500 tree substitution fee that may be charged depending on circumstances. These
charges are listed in the TOD ordinance, and they also need to list them in Chapter 11 under
"Fees." Council recommends approval of this as well.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1282 ON SECOND READING AND ORDERED PUBLICATION.
4. Livestock License Request by Andy Zhang for Racing Pigeons (Tabled April 25,
2011).
Dr. Burns stated since the last meeting staff has had difficulty formulating the inspection of this
racing pigeon site at 1632 Rice Creek Road; and they are recommending the item be tabled until
Council's May 23, 2011, meeting.
THIS ITEM WAS REMOVED AND PLACED ON THE REGULAR AGENDA.
NEW BUSINESS:
5. Claims (150555 —150714)
Councilmember Varichak stated on page 23, the name "Hohensteins" should be "Hollensteins."
APPROVED.
6. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item No. 4 be removed so it could again be tabled.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
No. 4. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MAY 9. 2011 PAGE 4
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 4.
Seconded by Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Councilmember Bolkcom asked Dr. Burns if he could summarize how much staff time was
spent mowing and cleaning up University Avenue, which is the area that is supposed to be
maintained by MnDOT.
James Kosluchar, Public Works Director, replied he would say about a week's worth of cleanup
with the majority of the City's crew. There has been some subsequent trim work. They have
done one round of mowing.
Dr. Burns stated he thinks the City is still doing the herbicide.
Mr. Kosluchar replied that has to be done yet.
Councilmember Bolkcom stated she just wanted to make a point that the City has taken it upon
itself to maintain University. She has heard from different people. It really is the gateway to our
community. It is actually supposed to be maintained by MnDOT and if the City is lucky, once or
twice a year they will mow. There is also the fence that has not been repaired for some time.
Mayor Lund stated there may be sacrifices to other parks because they are using additional
Public Works people to do the mowing. It was mentioned to Council this evening that $10,000
was removed from the Public Works budget for this year, on top of adding another major work
load to the Public Works staff.
Councilmember Bolkcom stated she does believe the Parks and Recreation Commission is
looking at doing some type of Adopt-a-Park program.
NEW BUSINESS:
7. Resolution to Vacate a Portion of 55th Avenue, which was Platted as Third
Street, Generally Located West of Seventh Street and North of the Parcel
Addressed as 5455 Sixth Street N.E., Petitioned by the Property Owner, Scott
Dahlberg (Vacation Request, SAV #11-01) (Ward 1).
Scott Hickok, Community Development Director, stated Mr. Dahlberg is seeking to vacate the
unimproved portion of 55�' Avenue located north of the vacant property at 5545 Sixth Street.
Vacating this right-of-way will give the petitioner additional land area required to make the lot
buildable. Currently it is not.
FRIDLEY CITY COUNCIL MEETING OF MAY 9. 2011 PAGE 5
Mr. Hickok stated in 1972 a request was submitted to vacate 55�' Avenue, north of the
apartment building at 5451 Fifth Street, which is directly west of the property at this address.
The request was denied because at that time the Public Works staff thought 55�' Avenue might
be utilized at some time in the future.
Mr. Hickok said in 2001, the same request was submitted by the new owners of the apartment
building. Public Works staff determined at that time they no longer needed that right-of-way
and, as a result, a vacation was approved.
Mr. Hickok stated petitioner's property is 19,200 square feet in size which is 800 square feet
short in meeting minimum lot size for the C-2 General Business District in which it is zoned.
Vacating this right-of-way would give the petitioner an additional 30 feet by 166 feet (4,900
square feet) which would then increase the size of the lot to 24,100 square feet and, therefore,
meet the minimum lot size requirement of 20,000 square feet.
Mr. Hickok stated although the petitioner does not have plans at this time to develop the
property, he is making the request so it is ready in the event he is approached by a potential
buyer or developer. In order to service this newly-created property, staff has drafted a stipulation
based on direction from the City's Engineering Deparhnent to either install a private driveway or
public road from Seventh Street. At the time the property is developed, it will be the developer's
choice as to how they would like to access that site.
Mr. Hickok stated on April 20, 2011, the Planning Commission held a public hearing for this
vacation. The Commission unanimously recommended approval of the request after a brief
discussion. Since the Planning Commission meeting, the petitioner's surveyor has located the
placement of the water main on this site. As a result, an additional stipulation has been drafted to
require the petitioner file the necessary utility easements at the County to provide the City with
access to utility services.
Mr. Hickok sta.ted staff recommends concurrence with the Planning Commission with the
addition of Stipulation No. 2 as follows: The petitioner shall file utility easements at Anoka
County that are depicted on the Certificate of Survey from Kurth Surveying with a revised date
of 4/29/11. Staff is also recommending approval of the attached resolution.
Councilmember Saefke said at one time there used to be a cabinet shop off of Seventh Street
where that driveway is now and was located just south of that. He remembers the City plowing
that little stretch of land. He asked if this vacation is bordered on the west side of a fence line
right now?
Scott Dahlberg, Petitioner, replied, correct.
Councilmember Saefke stated and then there is a fence along the Highway Department's right-
of-way, correct?
Mr. Dahlberg replied, correct.
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 6
Councilmember Saefke asked Mr. Dahlberg if he is aware of the fact there are people who live
actually off the freeway in that little gully and there is a pathway to their property. It is right in
the corner where the two fence lines meet. He has no objection at a11 to vacate the property.
When he was in the Water Department they always had trouble locating that water main. He
asked the petitioner whether they located it through an electronic method?
Mr. Hickok replied he believed they used electronic methods.
Councilmember Saefke stated when they attempted to do that they could never actually follow
the watermain trail, where it goes underneath the freeway. According to the drawing, it does not
look like it does go under the freeway but continues to go west.
Mr. Dahlberg replied, as far as he knows it goes east-west.
Councilmember Saefke asked Mr. Dahlberg if he had any problem with providing the 15-foot
easement.
Mr. Dahlberg stated they are actually working with the surveyors to get a 20-foot easement.
That line which they would like to set up maintains the 20-feet around that utility.
Commissioner Bolkcom asked to be provided with the Planning Commission meeting minutes
in the future. She has no objections to this vacation request. She asked if there were any other
comments from anyone else at the Planning Commission meeting?
Mr. Hickok replied, no.
Mayor Lund asked where the billboard sign was.
Mr. Hickok replied it is entirely on the adjacent property that goes directly east of the Dahlberg
property.
MOTION by Commissioner Saeflce adopting Resolution No. 2011-23 with the following
stipulations:
1. Access to 5455 6�' Street shall be through one of the following options, to be
determined at which time the lot is developed and constructed prior to issuance of
the certificate of occupancy:
a. Install a public road with an off-set cul-de-sac to the property that complies
with Engineering and Fire Code regulations. Conditions on this option:
i. Private Hydrant installation
ii. Address to be changed to 7�` Street, with proper signage visible from
7�' Street for emergency purposes
iii. Curb cut will be required to allow access for the lot at 5480 7�` Street
(billboard lot)
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 7
iv. Water, sewer, and stormwater connection fees shall be paid by
owner/developer prior to issuance of a building permit.
b. Install a private driveway through a license agreement prepared by the City, to
the parcel that complies with Engineering and Fire code regulations.
Conditions on this option:
i. Code compliant Fire access to allow proper turnaround
ii. Private Hydrant installation
iii. Driveway to be 24 ft. wide
iv. Address to be changed to 7`�' Street, with proper signage visible from
7�' Street for emergency purposes
v. Curb cut will be required to allow access for the lot at 5480 7`�' Street
(billboard lot)
vi. Water, sewer, and stormwater connection fees sha11 be paid by
owner/developer prior to issuance of a building permit.
2. The petitioner shall file utility easements at Anoka County that are depicted on
the Certificate of Survey from Kurth Surveying with a revised date of 4/29/11.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Livestock License Request by Andy Zheng for Racing Pigeons (Tabled April 25,
2011).
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to table the item until the May 23, 2011, City Council
meeting. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Informal Status Reports
There were no informal status reports.
FRIDLEY CITY COUNCIL MEETING OF MAY 9. 2011 PAGE 8
ADJOURN.
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 8:08 P.M.
Respectfully submitted,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
PLANNING COMMISSION MEETING
Apri120, 2011
Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m.
MEMBERS PRESENT: Leroy Oquist, David Kondrick, Jack Velin, Brad Dunham, Dean Saba,
Brad Sielaff, and Tim Solberg
OTHERS PRESENT: Stacy Stromberg, Planner
Approval of Minutes: January 19, 2011
MOTION by Commissioner Saba to approve the minutes as presented. Seconded by Commissioner
Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideration of a Public Hearing for a Vacation, S.AV #11-01, by Scott Dahlberg, to vacate
a portion of unimproved 55`h Avenue NE, (Platted as 3�d Street) in order to acquire
additional land area to make a code compliant buildable lot, generally located north of the
vacant lot at 5455 — 6"' Street, which is south of Interstate 694 and west of 7th Street.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02
P.M.
Stacy Stromberg, Planner, stated the petitioner, Mr. Dahlberg, is seeking to vacate an unimproved
portion of 55`h Avenue, which is located north of the vacant property at 5545 6`h Street. Vacating this
unimproved right-of-way will give the petitioner the additional land area required to make the lot
buildable.
Ms. Stromberg stated in 1972 there was a vacation request submitted to vacate 55`h Avenue, north of the
apartment building located at 5451 5`h Street, which is directly west of the property at 5455 6`h Street.
That vacation request was denied because at the time the City's Public Works staff didn't recommend the
vacation in case 55`h Avenue were to be utilized again. In 2001, a vacation request was submitted by the
owners of the apartment building at 5451 5`" Street. Public Works staff determined at that time there was
no longer a need to keep the right-of-way and as a result the vacation was approved.
Ms. Stromberg stated the petitioner is seeking to vacate an unimproved portion of 55`h Avenue NE, north
of the property he owns at 5455 6`h Street. His property is currently 19,200 square feet in size, which is
800 sq. ft. short of ineeting the minimum lot size requirements for the C-2, General Business zoning
district regulations. Vacating this right-of-way, would give the petitioner an additional 30 feet by 166 feet
(4,900 square feet) section of land, which would then increase the size of the lot to 24,100 square feet,
therefore, meeting the minimum lot size requirement of 20,000 square feet.
1�
Ms. Stromberg stated the area proposed to be vacated is shown in the crosshatched area in the above
aerial and is also in the attached survey. As stated above, the petitioner would gain a 30 feet by 166 feet
strip of land and the remaining portion of the vacated 55`h Avenue would be turned back to the City.
Ms. Stromberg stated although the petitioner doesn't have plans to develop the property at this time, he's
seeking this request now so it's ready in the event that he's approached by a potential buyer or developer.
In order to service this newly created properly, staff has drafted a stipulation based on direction from the
City's Engineering department to either install a private driveway or a public road from 7`h Street. At
which time the property is developed, it will be the developer's choice as to how to access the site.
Ms. Stromberg stated in the case of the 2001 vacation of 55`h Avenue, the City required that the northerly
5 feet of the vacated street be dedicated back to the City as an easement because there is a water main
located directly north of that property, and the City needed the easement for access purposes. The
petitioner's surveyor is currently locating the placement of that water main and how it may impact this
vacation request. As a result, an additional stipulation may be added to this vacation request, once the
surveyor has provided the necessary information to the City on placement of the water main. The City
will have that information by the time this request goes before the City Council.
Ms. Stromberg stated City staff recommends approval of the street vacation request, with a stipulation.
City staff recommends if the street vacation is approved, the following stipulation be attached:
Access to 5455 6`h Street shall be through one of the following options, to be determined at which
time the lot is developed and constructed prior to issuance of the certificate of occupancy:
a. Install a public road with an off-set cul-de-sac to the property that complies with
Engineering and Fire Code regulations. Conditions on this option:
i. Private Hydrant installation
ii. Address to be changed to 7`h Street, with proper signage visible from 7�h Street
for emergency purposes
iii. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard
lot)
iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer
prior to issuance of a bui}ding permit.
b. Install a private driveway through a license agreement prepared by the City, to the parcel
that complies with Engineering and Fire code regulations. Conditions on this option:
i. Code compliant Fire access to allow proper turnaround
ii. Private Hydrant installation
iii. Driveway to be 24 ft. wide
iv. Address to be changed to 7`h Street, with proper signage visible from 7`h Street
for emergency purposes
v. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard
lot)
vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer
prior to issuance of a building permit.
Chairperson Kondrick stated depending upon how the property develops, in the second choice, does
that mean that he has to pay for a driveway, the full length from 7`h Street to his property? With both
options he has to pay for the street or driveway to be done, correct?
Ms. Stromberg replied, yes. The first option is to install a code-compliant street, construction of the
street, curb/gutter, everything you would see on a normal city street. The second option is to do a private
�
driveway instead. It will still need to be curbed and guttered, and there would have to be a turn around
access point for fire truck access, but it would be a private driveway instead of a public road.
Commissioner Oquist asked what is the status of the property to the east of the petitioner's property?
Ms. Stromberg explained there is already a dirt road that exists from 7`h Street leading to the petitioner's
property. This dirt road is 55`h Avenue and a portion of is being asked to be vacated. She showed on an
aerial where the street or private driveway would go in to access the site. The lot east of the petitioner's
property is a billboard lot at 6480 7`h Street, which is owned by Clear Channel and is vacant other than the
billboard.
Commissioner Oquist asked who owns the road, the City?
Ms. Stromberg replied, yes.
Commissioner Kondrick asked, they are not asking the petitioner to pave, improve the road from
Seventh Street all the way to the west of their property, are they? Are they just talking about improving
the road on the property from 7`h Street to the east edge of the petitioner's property?
Ms. Stromberg replied, correct
Commissioner Dunham asked is 5480 7`h Street is completely unbuildable? Even if you were to vacate
the right-of-way?
Ms. Stromberg replied it is zoned C-2 and which has a minimum lot size of 20,000 square feet;
therefore, she believes it would be under.
Commissioner Oquist asked if the property at 5480 7`h Street pursued a vacation it would really land
locks the property wouldn't it?
Ms. Stromberg replied, it would; and it would be a matter between the petitioner and Clear Channel to
work out some kind of access agreement to their lot.
Commissioner Dunham asked how would 5455 6`h Street become landlocked if that would happen?
Was it part of 5460 7`h Street at one time?
Ms. Stromberg replied, no. It has always been its own parcel. It would become landlocked only if the
remainder of 55`h Avenue was vacated. Because the portion of 55`h Avenue not of the parcel at 5480 7�'
Street is not being vacated, it provides right-of-way access to the petitioner's property.
Commissioner Kondrick asked Ms. Stromberg whether staff has received any correspondence or phone
calls from those who were sent letters?
Ms. Stromberg replied, staff did receive an inquiry from the owner of the apartment building to the west
just out of curiosity.
Commissioner Velin asked, what is a private hydrant installation?
Ms. Stromberg replied, the developer would need to install a hydrant.
Commissioner Velin asked, would the City put that in? The petitioner would have to pay for a hydrant?
33
Ms. Stromberg replied, yes, the developer would have to pay for the hydrant. Lots of businesses have
private hydrants.
Commissibner Sielaff asked, the petitioner would have a driveway on his property that he does not own?
Ms. Stromberg replied, correct because the driveway would be in the public right-of-way.
Commissioner Sielaff asked, how is that dealt with?
Ms. Stromberg repiied, it is through a license agreement with the City, the agreement is drafted by the
City's engineering department.
Commissioner Sielaff asked theoretically if they put a driveway and license it from the City it is likely
that the City would vacant the rest of SS�h Avenue.
Ms. Stromberg replied, it is likely that the City would not vacate it then.
Commissioner Dunham asked if 5480 7`h Street could ever be a buildable?
Ms. Stromberg replied, that is something that she would need to analyze. She is not sure if it would have
enough land area even with the road being vacated. She would have to determine the square footage of
the lot at 5480 7`h Street and then add it with the road and see if there would be enough land area to make
it buildable.
Commissioner Kondrick asked the petitioner whether all of the conditions are agreeable?
Scott Dahlberg, petitioner, replied he has been working with Ms. Stromberg for quite some time. It has
been very smooth, very clear process.
Commissioner Kondrick stated he realizes it depends on what is built there as far as how he does the
road.
Mr. Dahlberg replied, absolutely, and he is glad these stipulations are up front, too, because it will be
something they will talk about in the purchase agreement. He wants there to be full disclosure.
Commissioner Kondrick asked Mr. Dahlberg whether the fire hydrant, possible cul de sac, etc. are all
okay with him?
Mr. Dahlberg replied, absolutely.
Commissioner Oquist asked Mr. Dahlberg, if he currently has plans for the property and is he just being
proactive?
Mr. Dahlberg replied, he is being proactive but he thinks they wil( end up selling it because the taxes
have been rising quite steadily. He will probably be selling it more in the near future.
Commissioner Sielaff asked, what happens when he changes ownership?
Ms. Stromberg replied, the license agreement will be put into place at the time the lot is developed. The
stipulation will always stay with the land. Therefore, anyone who comes in to develop it will need to
44
meet one of the two stipulations. If a developer develops it and then chooses a private contract agreement
with the City that agreement would be transferable if the lot or the business was sold.
Commissioner Sietaff asked whether they pay some sort of annual fee for the license?
Ms. Stromberg replied, she is not sure. The license agreement is drafted by the Engineering Department.
It is something they have done in the past and is not something new. She is unsure whether it is an annual
or one-time fee.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:22
P.M.
Chairperson Kondrick stated he has no problem with this. He has driven by there. He thinks it gives
the petitioner the option one way or the other depending on who buys it, and the buyer can go whichever
way he wants to go. The street dead-ends anyways.
MOTION by Commissioner Oquist approving Vacation, SAV #11-01, by Scott Dahlberg, to vacate a
portion of unimproved 55`h Avenue NE, (Platted as 3`d Street) in order to acquire additiona( land area to
make a code compliant buildable lot, generally located north of the vacant lot at 5455 — 6`h Street, which
is south of Interstate 694 and west of 7`h Street with the following stipulation:
1. Access to 5455 6`h Street shall be through one of the following options, to be determined at which
time the lot is developed and constructed prior to issuance of the certificate of occupancy:
a. Install a public road with an off-set cul-de-sac to the property that complies with
Engineering and Fire Code regulations. Conditions on this option:
i. Private Hydrant installation
ii. Address to be changed to 7`h Street, with proper signage visible from 7`h Street
for emergency purposes
iii. Curb cut will be required to allow access for the lot at 5480 7`� Street (billboard
lot)
iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer
prior to issuance of a building permit.
b. Instail a private driveway through a license agreement prepared by the City, to the parcel
that complies with Engineering and Fire code regulations. Conditions on this option:
i. Code compliant Fire access to allow proper turnaround
ii. Private Hydrant installation
iii. Driveway to be 24 ft. wide
iv. Address to be changed to 7`h Street, with proper signage visible from 7`h Street
for emergency purposes _
v. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard
lot) �
vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer
prior to issuance of a building permit.
Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
s5
2. Receive the Minutes of the January 6, 2011, Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Sielaffto receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Receive the Minutes of the January 11, 2011 Environmental Quality and Energy
Commission Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Receive the Minutes of the December 6, 2010, Parks & Recreation Commission Meeting.
MOTION by Commissioner Sibel to receive the Minutes. Seconded by Commissioner Solberg.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive the Minutes of the February 7, 2011, Parks & Recreation Commission Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Solberg.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. Receive the Minutes of the March 7, 2011, Parks & Recreation Commission Meeting.
MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Sielaff
UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTIiER BUSINESS:
Ms. Stromberg stated that she wanted to provide the Commission with an update on the two text
amendments from the last meeting, one was for the Hyde Park zoning district and the other one was the
TOD Overlay. The Hyde Park text amendment was approved by the Council and the TOD text
amendment will go before the City Council on April 25, 2011 for the first reading.
Ms. Stromberg stated the next meeting is set for May 18, 2011. We have one special use permit.
ADJOURN
MOTION by Commissioner Oquist adjourning the meeting. Seconded by Commissioner Dunham.
�
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:27 P.M.
Respectfully submitted,
�.���'�'�' `�G"��
Denise M. Johnson
Recording Secretary
�7
�
�
CRY OF
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 23, 2011
William W. Burns, City Manager �f
Darin R. Nelson, Finance Director �/�
A1 Folie, Assistant Finance Director ��
May 16, 2011
Final Changes in Appropriations for the General Fund, Special Revenue Funds and
the Capital Improvement Fund for the Year Ended December 31, 2010
Attached are the final changes in the appropriations to the budget for the year ended December
31, 2010. These changes are similar to those that we have brought to Council this time of year
for the past number of years as we prepare to publish the City of Fridley's Comprehensive
Annual Financial Report. These changes are in keeping with Chapter 7 of the City Code. The
majority of the changes are based on departmental initiatives that have caused an increase in
efficiency of the department or a better delivery of service to our customers.
The changes to the General Fund are occurring from within departmental budgets or drawing
from the emergency reserve..
The changes that are shown in a few of the Special Revenue Funds are because these are funds
that traditionally have not been established as part of the normal budgeting process due to the
unknown aspect of each of their activities.
Staff's recommendation is for the City Council to pass the attached resolution and complete the
budget cycle for 2010.
�
RESOLUTION NO. — 2011
A RESOLUTION AUTHORIZING FINAL CHANGES
IN APPROPRIATIONS FOR THE GENERAL FUND,
SPECIAL REVENUE FUNDS, AND THE CAPITAL
IMPROVEMENT FUND FOR THE YEAR
ENDED 2010
WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges
and modifications that will allow for a better delivery of services, and
WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the
adopted budget for 2010.
NOW, THEREFORE, BE IT RESOLVED that the General Fund, Special Revenue Funds, and
the Capital Improvement Fund budgets for the following divisions be amended as follows:
REVENUE ADJUSTMENTS
TOTAL REVENUE ADJUSTMENTS
APPROPRIATION ADJUSTMENTS
CITY MANAGER
HUMAN RESOURCE8
POLICE
EMERGENCY MANAGEMENT
FIRE
GARAGE MAINTENANCE
BUILDING INSPECTION
BUILDING INSPECTION
PLANNING
NON-DEPARTMENTAL
GENERAL FUND
PROPERTY TAXES
INTERGOVERNMENTAL
EQUIP CERTIFICATES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
CAPITAL OUTLAY
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
N
($426,240)
426,240
550,000
$550,000
$4,202
(4,202)
1,163
(1,163)
42,847
3,540
(3,540)
9,783
(9,783)
62,566
4,092
(4,092)
6,106
(6,106)
12,087
MKT VALUE HOMESTEAD CREDIT
MKT VALUE HOMESTEAD CREDIT
PROCEEDS FROM EQUIP CERTS
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
EMERGENCY RESERVE
TOTAL APPROPRIATION ADJUSTMENTS
CABLE TV FUND
GRANT MANAGEMENT FUND
REVENUE ADJUSTMENTS
APPROPRIATION ADJUSTMENTS
TOTAL APPROPRIATION ADJUSTMENTS
(54,934)
$62,566
SPECIAL REVENUE FUNDS
INTERGOVERNMENTAL $122,316
PERSONAL SERVICES $35,784
SUPPLIES/CHARGES 86,532
$122,316
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
HRA REIMBURSEMENT FUND
REVENUE ADJUSTMENTS INTERGOVEf�NMENTAL $17,224 UNBUDGETED ACTIVITY
APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES $17,224 UNBUDGETED ACTIVITY
DRUG/GAMBLING FORFEITURE FUND
REVENUE ADJUSTMENTS FINES AND FORFEITS $26,717 UNBUDGETED ACTIVITY
APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES $26,717 UNBUDGETED ACTIVITY
F.C.C. DONATIONS FUND
REVENUE ADJUSTMENTS
APPROPRIATION ADJUSTMENTS
TOTAL APPROPRIATION ADJUSTMENTS
SPRINGBROOK NATURE CENTER FUND
REVENUE ADJUSTMENTS
APPROPRIATION ADJUSTMENTS
TOTAL APPROPRIATION ADJUSTMENTS
INVESTMENT INCOME $765
SUPPLIES/CHARGES $404
CAPITAL OUTLAY 14,641
$15,045
CHARGES FOR SRVCS $7,809
PERSONAL SERVICES $2,393
SUPPLIES/CHARGES 5,416
$7,809
10
UNBUDGETED ACTIVITY
UNBUDGETED ACTIVITY
UNBUDGETED ACTIVITY
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
CAPITAL IMPROVEMENT FUND
APPROPRIATION ADJUSTMENTS
TOTAL APPROPRIATION ADJUSTMENTS
CAPITAL PROJECT FUNDS
SUPPLIES/CHARGES
CAPITAL OUTLAY
($8,017) ELIMINATE NEGATIVE VARIANCE
8,011 ELIMINATE NEGATIVE VARIANCE
$0
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23ra
DAY OF MAY, 2011.
ATTEST:
DEBR.A A. SKOGEN — CITY CLERK
11
SCOTT J. LUND - MAYOR
� AGENDA ITEM
COUNCIL MEETING OF MAY 23, 2011
arr oF CLAI MS
FRIDLEY
CLAI MS
150717 - 150863
12
� AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 23, 2011
`�°F LICENSES
FRIDLEY
TYFE OF LICENSE: APPLICANT: 'AFPRf�VED B�:
49ER DAY STREET VENDING Matt Milner Sales City Clerk
(JiINE 23, 2011) (Gerald Johnson- Applicant) Public Safety
Parks Director
MUSIC FESTIVAL/PUBLIC BEN HOLMES-CHAIRMAN City Clerk
DANCE (JLJNE 24& 25, 2011) Community Development
Fire Inspector
Public Safe
TREE REMOVAL &TREATMENT Eagle Tree Service, Inc. Public Safety
Michael R. Jensen Public Works
St. Croiat Tree Service, Inc. Public Safety
Sabrina Y. Jerlow Public Works
A Family Tree & Brush Public Safety
Service Public Works
Steven Pelton
STREET VENDING PERMIT Nafe Ice Cream Public Safety
Mohammed A. Nafie Public Works
PEDDLER OR SOLICITOR LICENSE Hoffman Weber Const. Inc. Public Safety
Nathaniel Hart
24
� AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 23, 2011
°n°F LICENSES
FRIQLEY
Contractor T e A licant A roved B
Anderson Builders Commercial or S ecial Nate Downin Ron Julkowski, CBO
Anderson Heatin & A/C Inc Heatin Pa Nelson Ron Julkowski, CBO
Bauernfeind Goedtel Heatin Chad Merritt Ron Julkowski, CBO
Berwald Roofin Com an Inc Commercial or S ecial Kenneth Berwald Ron Julkowski, CBO
Boiler Services Inc Heatin Tom Marchessault Ron Julkowski, CBO
C F Ha lin & Sons Inc Commercial or S ecial Thomas Goerin Ron Julkowski, CBO
Drain Kin Inc � Excavatin Art Kallenbach Ron Julkowski, CBO
Home Ener Center Heatin Diane Moter Ron Julkowski, CBO
Pi eline Industries Inc Excavatin Ton Wakeham Ron Julkowski, CBO
Practical S stems Gas Jeff Kline Ron Julkowski, CBO
Practical S stems Heatin Jeff Kline Ron Julkowski, CBO
Rice Creek Townhouses Commercial or S ecial Tim McIntosh Ron Julkowski, CBO
RJM Construction LLC Commercial or S ecial Joe Madd Ron Julkowski, CBO
Romeo Lawn Maintenance Wreckin L Eone Rile Ron Julkowski, CBO
Sharp Heating & Air Heating Floyd Joswick Ron Julkowski, CBO
Conditionin
South-Town Refri eration Heatin Dan Anderson Ron Julkowski, CBO
Standard Heating & Air Heating Todd Ferrara Ron Julkowski, CBO
Conditionin '
Tim's Quali Plumbin Inc Gas Timoth Lindholm Ron Julkowski, CBO
Treated Air Com an Heatin Michael Gorman Ron Julkowski, CBO
Under ound Utilities Inc Excavatin Jason Johnson Ron Julkowski, CBO
25
� AGENDA ITEM
CITY COUNCIL MEETING OF MAY 23, 2011
°1� °F ESTI MATES
FRIDlE1f
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
Street Improvement Project ST2011-01
Estimate No. 1 ............................................................................. $ 62,698.10
Ron Kassa Construction
6005 East 250t" Street
Elko, MN 55020-9447
2011 Misc. Concrete Repair Project No. 401
Estimate No. 1 ............................................................................. $ 3,830.40
�
f
L
CITY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 23, 2011
William W. Burns, City Manager
Scott Hickok, Community Development Director
May 19, 2011
Pigeon License for 1632 Rice Creek Road
At their meeting on May 9, 2011, Council tabled the Pigeon license for Andy Zheng, 1632 Rice
Creek Road. Due to difficulties reaching either Mr. or Ms. Zheng, it has been difficult to
coordinate the necessary inspection. Therefore, staff asked that Council continue with this license
item on the table, until May 23, 2011. On Monday, May 23, staff has scheduled and will inspect
the Zheng property and will have a verbal report and recommendation ready for Council on
Monday evening.
2�
�
�
CRY OF
FRIDLtIf
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 23, 2011
Date: May 13, 2011
To: William Burns, City Manager �
�
From
Subject:
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Text Amendment TA#11-06, Chapter 128, Abatement of Exterior Public Nuisances
Background
The City recently began using the Appeals Commission to hear public nuisance abatement appea(s rather
than hire an independent hearing examiner. Such appeals are rare, and authority is already granted to the
Appeals Commission for this role in the Zoning Code. The appeal process as written in Chapter 128.06 of the
City Code does specifically refer to the use of a hearing examiner and should be amended to describe the
new process of administering the Appeals Commission authority to serve this role.
The City needs to change the timeline of hearings to match the fact that the Appeals Commission now only
meets once per month, so it is not feasible to meet the 20 day hearing schedule reyuired in the current code
language. In our last two appeals, the pariy appealing their case had asked for an extension of the 20 days, so
this has not been an issue. That may not always be the case, so the code should be changed to match the
ability of the City to respond to an appeal.
Recommendation
Staff recommends that the City Council conduct the first reading of the attached proposed text changes to
Chapter 128 of City Code. Staff is prepared to complete materials for a second reading of the ordinance at
the June 13, 2011, City Council meeting. .
:
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2011.
ATTEST:
DEBR.A A. SKOGEN, CITY CLERK
Public Hearing: NA
First Reading: May 23, 2011
Second Reading:
Published:
�
SCOTT J. LUND, MAYOR
�
�
CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 23, 2011
Date: May 13, 2011 „ )
� f��
To: William Burns, City Manager �
From:
Subject:
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Revocation of Special Use Permit SP#08-07 for Outside Storage, 7865-69 Beech Street
Background
In June 2008, the City Council granted the owners of an industrial building in the Onaway Zoning District at
7865-69 Beech Street a special use permit for an outside storage area behind the building along the alley.
One side of the building (7865) is used by Franklin Builders and one side (7869) is used by and auto body
shop, Simba Collision. Since the auto body shop requires an annual license from the City, staff periodically
inspects the site and has often wifiessed problems with Simba Collision's business practices.
Last year, staff sent the property owner notice (letter attached) regarding several violations. The business
appeared to correct those violations, so the code enforcement case was closed. Simba Collision was also in
violation of fire and building (ventilation) code requirements last year, resulting in their paint booth being
shut down for a time.
When staff recently inspected the site for the annual body shop permit, it was clear that three of the five
stipulations related to the SUP were being violated. These were the same problems that staff had witnessed in
previous inspections. Notice was then sent to the property owner of the violations, including notice that staff
would be holding a public hearing on May 23, to consider revocation of the SUP for outside storage.
Recommendation
Staff recommends that the City Council revoke the special use permit for 7865-69 Beech Street for outside
storage with the following findings of fact:
1. The business capacity of the two businesses on site regularly exceeds the nine parking stalls located
on the site, so vehicles are often parked beyond the designated parking stalls. f
2. Inoperable or unlicensed vehicles are routinely stored outside on the site.
3. The Simba Collision business is routinely using the street to maneuver and park vehicles being
serviced as many vehicles are being stored in the driveway.
31
CITY COUNCIL
ACTION TAKEN NOTICE
June 13, 2008
Michael Jackson
16100 Andrie Street NW
Ramsey MN 55303
Dear Mr. Jackson:
On Monday, June 9, 2008, the Fridley City Council officially approved Special Use
Permit, SP #08-07, to allow limited outdoor storage of construction materials and
equipment and vehicles within a fenced in area in the rear yard of the property, legally
described as Lots 20 & 21, Block 2, Onaway Addition, generally located at 7865-69
Beech Street.
Approval of this special use permit is contingent upon the following stipulations:
1. Nine code complaint parking stalls shall be striped within 60 days of issuance of this
special use permit.
2. No outdoor storage other than the existing enclosed area in the rear yard shall exist on
the site without an additiona/ special use permit being approved.
3. The petitioner shall receive approval from the Fire Marshal for the types of materia/s
stored outside within 30 days of issuance of this special use permit.
4. No junk (inoperable or unlicensed) vehicles shall be stored on site.
5. All vehicles shall be parked in designated parking stalls.
If you have any questions regarding the above action, please call me at 763-572-3590.
Sincerely,
Scott Hickok
Community Development Director
SH/jb
cc: Address File
Special Use Permit File
Mary Fitz
Stacy Stromberg
c-os-s7 32
_
_
CIIYOF
FR[DLEY
FRIDLEY MU1vICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432
(763) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534
April 09, 2010
CYNTHIA JACKSON
7865 BEECH ST NE
FRIDLEY, MN 55432-0000
RE: First Notice of Noncompliance of the Fridley City Code at 7865 BEECH ST NE
Dear Property Owner:
The City of Fridley has many code regulations designed to promote sound land management and
protect the economic wellbeing of the community. The purpose of this letter is to both inform
you about how certain city codes relate to your property's current conditions and to ask for your
assistance in resolving a code violation. Upon recent inspection of your property, the following
code violation(s) were observed by a member of our staff:
You have violated vour Suecial Use Permit stiAUlation #3. Hazardous materials are
beinE stored in outside stora�e area which is not allowed. Other violations are
storing vehicle part outside of screening area, Unlicensed vehicle stored outside,
usin� the street to sta�e and store vehicles being serviced. Also Dealer license alates
are bein� illeEallv used to transnort vehicles, which is a STATE STATUTE
violation. This is a violation of the Special Use Permit at this location. The City advises
you to correct this item(s) by the date below. Be aware that a violation of this or any
other stipulation of your Special Use Permit is cause for revocation by the City Council.
The next inspection of your property will occur on or about 4/24/2010. The City asks that you
correct these items by this date. If you would like to discuss this issue or have yuestions
concerning any other city codes, please contact me at (763) 572-3599. Thank you for your
cooperation.
Sincerely,
Julie Jones
Planning Manager
City of Fridley
CC: SIMBA COLLSION
7865 BEECH STREET NE
FRIDLEY, MN 55432
33
CE-10-99
_
_
CIIYOF
FR[DLE,Y
FRIDLEY MLTNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432
(763) 571-3450 • FAX (763) 571-1287 • TTD/'I'I'Y (763) 572-3534
April 29, 2011
CYNTHIA JACKSON
7865 BEECH ST NE
FRIDLEY, MN 55432
RE: First Notice of Noncompliance of the Fridley City Code at 7865 BEECH ST NE
Dear Property Owner:
The City of Fridley has many code regulations designed to promote sound land management and
protect the economic wellbeing of the community. The purpose of this letter is to both inform
you about how certain city codes relate to your property's current conditions and to ask for your �
assistance in resolving a code violation. Upon recent inspection of your property, the following
code violation(s) were observed by a member of our staff:
�ecial Use Permit stipulations are beingviolated. Vehicles are being stored in places
outside the nine desi�nated parking stalls. In addition, junk vehicles are bein� stored on
site. All unlicensed or inoperable vehicles must be stored inside the building at ni�ht.
This is a violation of the Special Use Permit at this location. The City advises you to
correct this item(s) by the date below. Be aware that a violation of this or any other
stipulation of your Special Use Permit is cause for revocation by the City Council.
Due to the continuous violations of the stipulations of your special use permit, a public hearing is
being held on Monday, May 23, 2011 to consider revocation of your SUP.
If you would like to discuss this issue or have questions concerning the hearing process or any
other city codes, please contact me at (763) 572-3599. Thank you for your cooperation.
Sincerely,
Julie Jones
Planning Manager
City of Fridley
34
CE-11-109
f AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 23, 2011
CRY OF
FRIDLEY
INFORMAL STATUS REPORTS
35