06/13/2011 - 6187�
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FRIDLEY
CITY COUNCIL MEETING OF JUNE 13, 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: Introduction of New Firefighters
`49er Days (June 23-25, 2011)
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 23, 2011
OLD BUSINESS:
1. Second Reading of an Ordinance Amending
Chapter 128 of the Fridley City Code
Pertaining to Abatement of Exterior
Public Nuisances (Text Amendment,
TA#11-06) ..................................................................................................... 1 - 3
NEW BUSINESS:
2. Receive the Minutes from the Planning
Commission Meeting of May 18, 2011 ............................................................ 4- 10
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FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JUNE 13, 2011
7:30 p.m. - City Council Chambers
Attendance Sheet
Please �rint name address and item number �ou are interested in.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2011 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Approving a Plat, P.S. #09-04,
Dahlke Industrial Park, by Greg Dahlke,
for the Purpose of Creating Two Industrial
Lots, Generally Located at 8170 Hickory
StreetN. E . ...................................................................................................... 11 - 16
4. Special Use Permit Request, SP #11-01, by
Wireless Site Services for Sprint/Nextel;
and
Resolution Approving Special Use Permit,
SP #11-01, for Wireless Site Services, Inc.,
on Behalf of Sprint/Nextel, to Allow the
Construction of a Telecommunications
Tower and Accompanying Ground Equipment
to be Installed on an Industrial Piece of Property
Located at 8170 Hickory Street N.E., Owned by
Greg Dahlke (Ward 3) ...................................................................................... 17 - 35
5. Resolution Authorizing the City of Fridley to
Participate in the Multi-Jurisdictional Anoka County
Hazard Mitigation Plan .................................................................................... 36 - 37
6. Claims ............................................................................................................. 38 - 59
7. Licenses .......................................................................................................... 60 - 66
8. Estimate .......................................................................................................... 67
FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2011 PAGE 3
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
NEW BUSINESS:
9. Resolution Approving Amendment to
Agreement Number 54797 with the
Minnesota Department of Transportation
(45t" Avenue Storm Sewer Outfall) ................................................................. 68 - 80
10. Receive Plans and Call for Bids for
Water Treatment Plant No. 3 Filter and
Chemical Feed Improvements Project
No. 405 ........................................................................................................... 81 - 82
11. Informal Status Reports .................................................................................. 83
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
MAY 23, 2011
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:04 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Don Abbott, Director of Public Safety
James Kosluchar, Public Works Director
Margo Prasek, Parks and Recreation xxxx
Josh Callahan, xxxx
Mike Jackson, 7865 Beech Street NE
PRESENTATION:
Parks & Recreation Department's Summer Programs.
Public Works Department 2011 Tornado Cleanup Plan:
MOTION by Councilmember Bolkcom to add this item to the agenda. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Don Abbott, Public Safety Director, stated this is a staff report regarding the tornado and what
they have been doing. Fridley was struck by what they believed to have been a tornado at about
2:26 p.m. on Sunday, May 22, 2011. The tornado was believed to be related to the suspected
tornado touchdowns in St. Louis Park, Golden Valley, Minneapolis, and Anoka County. Anoka
County was included in the tornado watch issued at 12:10 p.m. on Sunday. It was set to expire at
8 p.m. Warning sirens were sounded in Fridley at 2:12 p.m. A tornado entered Fridley at the
Minneapolis Waterworks. It came across the river just west of the 4400 block of East River
Road. It did fairly extensive damage to trees and fences. They have not heard back yet on
structural damage at the Minneapolis Waterworks.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 2
Chief Abbott stated the tornado traveled on a north/northeast path across the City through
Fridley's northeast corner. He said six train cars were tipped over off the track in the BNSF
railroad yard. There were no hazmat or other concerns at that time. There was a tipped over
semi-trailer at the Murphy warehouse on Main Street. More concentrated severe damage
occurred in the City's southwest areas. Damage resulted from the tornado itself, with high winds
tearing away shingles and parts of roof and damaging outbuildings, and from trees falling on
homes, cars, fences, and roads. Damage also occurred when falling trees uprooted gas lines,
sidewalks and driveways. Several power transmission lines and service feeds were also downed
by falling trees.
Chief Abbott stated Fridley Police and Fire units responded to calls of damage, downed power
lines, and broken gas lines immediately after the tornado occurred. Police Reserves and Fire
units cordoned off several streets blocked by trees and power lines. Police and Fire staff checked
houses with damage for injured persons and found none. Police also restricted access to
residents only in the Summit Manor neighborhood until approximately 9:30 p.m. because it was
unsafe to allow traffic in.
Chief Abbott stated traffic on Seventh Street, between 694 and 61st Avenue, was restricted for
two to three hours during the evening. They had extensive sightseeing traffic that was actually
interfering with efforts to remove the downed trees. Public Works crews began cleaning the
streets of major debris at about 4 p.m. The City had about three of the big loaders out with its
crews. By 9:30 p.m. most streets were once again passable. Four streets remained blocked until
this morning. At this point there is one street in the City that is not passable, and that is 67tn
Place, west of Seventh Street. You can access homes from either side, just not all the way down
the street.
Chief Abbott stated several businesses along Main Street suffered extensive damage. They
were left unsecure and without power. Business owners in that area secured their property with
their employees and/or provided private security until they could board up. Police increased
staffing levels throughout the night and into today with the assistance of the Anoka County
Sheriff's Office. He said the demonstration house at 831 Mississippi took a pretty e�tensive hit
from a tree. It was one of the more damaged houses in the City.
Chief Abbott stated at approximately 4:00 p.m., Xcel Energy had 200 customers in Fridley
without power. They expected to have all power restored to the City by 8 p.m. Fridley schools
were closed today because of the power outage. There was some damage along the ball fields of
the high school and the middle school as well. Public Works crews continue to remove debris
from streets. All streets are open except for 57th Place.
Chief Abbott stated City staff has completed preliminary damage assessments. All storm-
related expenses are being tracked for potential reimbursement. The Camden Bridge in
Minneapolis remains closed at this time. The National Weather Service survey team was out this
morning. Sergeant Rick Crestik led them on a tour of the area and reported that they confirmed
the storm was a tornado with winds in excess of 100 mph and believe it was Category EF 1 as it
came into the City. It might have dropped a little bit as it headed to the north and east. That is
their preliminary indication at this point. They have also confirmed that the storm in north
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 3
Minneapolis was a tornado. They are not sure if it was the same tornado, but it came out of the
same storm cell.
Chief Abbott stated Community Development conducted property assessments and estimates.
Right now they are estimating over $11 million in property damage in the City. That includes 12
industrial buildings damaged, totalling $9 million; 50-60 residential or other buildings with an
average of $37,000 per damaged structure. One residence is reported as a total loss,
approximately $135,000. There are two four-plexes with some damage. Fridley Schools are
estimating $50,000 to $100,000 in damage. Fridley Parks is estimating $57,000, including trees,
limbs, and structures. As to estimated disaster related-unemployment, there will be about 100
jobs where people are unemployed for 15 days on average. As to total disaster-related business
losses, they are estimating those to be $1.5 million.
Chief Abbott stated the City would like to thank the following agencies that provided staffing
resources under mutual aid request. They were with us from shortly after the tornado hit. Some
of them stayed through the night, and into today. They include the Anoka County Sheriff's
Office; Anoka County Emergency Management; Minnesota State Patrol; Columbia Heights
Police and Fire; Coon Rapids Police and Fire; police departments from Crystal, Champlin,
Brooklyn Park, Maple Grove, New Hope, Plymouth, and Spring Lake Park; and the Hennepin
County Sheriff's Office. We had a lot of assistance. There were well over 100 first responders.
Chief Abbott stated Fridley residents are urged to use caution when cleaning up from the storm
or any storm. Historically, more injuries occur from clean-up than from the storm itself. The
only injury reported from this storm was a clean-up related injury about an hour after the storm.
No injuries and thankfully no fatalities in Fridley.
Chief Abbott stated City Code prohibits burning brush, leaves, and storm debris. The City will
be presenting a proposed plan for how residents can deal with the debris. Ask tree trimmers and
contractors to see their licenses and City permits. Tree trimmers are required to have a 2011 City
permit. It will be red. Contractors should be licensed by the State, and if they are going door-to-
door soliciting business, they need a City soliciting permit. To help the process, the City has
instituted an expedited permit and license application process. Today, the City processed 27
applications for licenses for tree trimmers and soliciting permits.
James Kosluchar, Public Works Director, stated the Public Works crews are proposing pick-up
of trees and large branches on boulevards as their clearing operation proceeds. The City will
arrange for a drop-off site. Tentatively it has arranged with Columbia Arena to host that
location, which would be available to only affected residents during said hours.
Mr. Kosluchar stated Public Works crews would pull all uprooted boulevard trees and provide
fill just basically to clear a safe boulevard. Residents would have the responsibility to place
topsoil and plant the boulevard and water.
Chief Abbott stated anyone who is looking to volunteer to help or anyone who needs help with
the clean-up should contact Fridley's senior citizen program coordinator, Connie Thompson, at
the Fridley Community Center.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 4
Mayor Lund stated he wanted to commend City staff, the Fire Department and the Police
Department. He thought it was a very efficient operation. It was quite amazing to see in just
four short hours after the storm how much had been done. They did a good job. He also wanted
to publicly thank all the other listed agencies who came and assisted. He saw a lot of people
coming forward to help as he toured the affected areas with Congressman Keith Ellison.
Councilmember Bolkcom asked Mr. Kosluchar if the information will be on the website.
Mr. Kosluchar replied, yes. It will be on the website tomorrow.
Councilmember Bolkcom stated if you do have a trailer, you can bring your branches up to the
Columbia Arena. If you don't have one, you can place the branches along the boulevard as soon
as possible.
Mr. Kosluchar replied that is correct. He said he was really impressed by the amount of clean-
up that has been done. They do want to provide a clean-up and for those people who do not have
a means to transport materials, that is what this program is for.
Councilmember Bolkcom asked how this storm compared to the last big storm as far as size.
Mr. Kosluchar replied they estimated around 20 to 25 percent.
Councilmember Bolkcom asked when Columbia Arena would be open.
Mr. Kosluchar replied they are setting it up Tuesday and will be officially opened on
Wednesday.
Councilmember Bolkcom asked about the work in the parks.
Mr. Kosluchar replied that will be probably much slower. They will have reduced crew in
parks. They will be assigning a couple of the parks maintenance people to street cleaning duty
while this goes on. Actually there is a lot of work to be done in the parks themselves, too. They
are assembling a crew that will be a roaming crew, and they will have two crews that are
concentrated on the hardest hit areas.
Councilmember Bolkcom asked whether they have any residents who are displaced from their
homes because of the storm.
Chief Abbott replied, today they did hear about three families who have to stay elsewhere. The
City itself did not have to shelter anyone.
Councilmember Bolkcom asked Dr. Burns if he had any conversations with any state senators
and representatives.
Williams Burns, City Manager, replied Senator Franken and Representative Ellison have both
been very gracious in offering help. At this point, they are not sure whether the City will qualify
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 5
for federal assistance, but they have shown a great interest in Fridley. One of our state
representatives, Kate Knuth, was in contact with the City, and generally, the outside legislators
have been very gracious.
Councilmember Bolkcom asked if they would be receiving any money.
Mayor Lund stated he did get some clarification from Representative Ellison who stated in
order for federal funding to take effect for a disaster, there has to be a minimum of $6.9 million
of uninsured damage. Therefore, it remains to be seen if there are any federal monies available
for Fridley at all. It will take time to get the estimates.
Chief Abbott stated they are almost done with the paperwork to submit to the federal
government for funding.
Councilmember Bolkcom asked what the cost estimate was.
Mr. Kosluchar asked if she was talking about out-of-pocket costs or general costs.
Councilmember Bolkcom replied both.
Mr. Kosluchar replied for general manpower and equipment costs, costs the City is already
paying and reassigned work, they are talking a little over $100,000 over three weeks. As far as
out-of-pocket costs, they will include fuel and some maintenance and should amount to less than
$10,000.
Councilmember Bolkcom asked if they would be using City staff.
Mr. Kosluchar replied, yes. A company may also be providing a grinding service for wood
chips at no cost to the City.
Councilmember Bolkcom stated Mr. Fogerty should be thanked for allowing the City to use the
Columbia Arena state.
Councilmember Saefke asked if they will have a map on the website showing who will have
access to the drop-off site and where the pick-up will be.
Mr. Kosluchar replied, yes, that is what they plan to do. Just show eligible properties. They
may even have a parcel map at some point where residents can search to see if their parcel is
eligible.
Mayor Lund asked when the City would start picking up the trees and brush.
Mr. Kosluchar stated they are asking people to get that material out this week.
Mayor Lund asked how they were going to get that information out to the residents.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 6
Councilmember Bolkcom asked if they could use the block captains.
Mayor Lund replied block captains would be an opportunity and also posting signs in the area.
Mr. Kosluchar stated another thing they may consider is flyering some of these areas, especially
where it is really concentrated and they will be there first
Chief Abbott stated block captains absolutely can play a part in this. There is already a message
on the reader board in front of City Hall. Storm clean-up preliminary details are already on the
City's website and will be updated with the new information tomorrow. A list of licensed tree
services, contractors, and solicitors are on the website, too.
Mayor Lund stated as they remove the stumps and the tree debris for those who cannot get it to
the drop-off site, they are not going to be filling in the holes on anybody's property nor on the
right-of-way or boulevard. They will leave that up to the property owners. He asked if the City
would be supplying any of the dirt fill.
Mr. Kosluchar stated he thought for the really deep holes, they would probably provide some
fill and sand material just to make it safe. Basically they are more effective at dealing with the
big items, trees, etc., and dealing with patches of sod; and a resident can be more effective at
dealing with getting the grass established.
Josh Callahan, Fridley resident, asked how they determine if a tree is on the boulevard. He
believes a tree of his is on the City's easement. It is a big tree that fell over. Is he responsible
for that getting it taken care of?
Mr. Kosluchar told Mr. Callahan to contact Public Works. However, typically, if it falls on
your property, it is going to be your responsibility. Anything over the easement line, that is
going to be private responsibility.
Councilmember Barnette stated the City never planted trees on the boulevard.
Mayor Lund stated and any trees removed from the boulevard will not be replaced by the City.
If the tree was wholly in your yard but it falls in the neighbor's yard, everything on that
imaginary property line now becomes that neighbor's tree.
MOTION by Councilmember Saefke to adopt the City of Fridley Public Works Department's
2011 Tornado Cleanup Plan. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 13, 2011
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FRIDLEY
INFORMAL STATUS REPORTS
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 7
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 9, 2011.
APPROVED.
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of April 20, 2011.
RECEIVED.
2. Resolution Authorizing Final Changes in Appropriations for the General Fund,
Special Revenue Funds, and the Capitol Improvement Fund for the Year Ended
2010.
William Burns, City Manager, stated although we wound up the year spending $713,000 less
than budgeted for general fund expenditures, we did have a few adjustments within the
departmental budgets for the general fund as well as a few adjustments in several other funds.
Dr. Burns stated the largest of the general fund adjustments was a$62,566 expenditure to
replace the vehicle hoist at the City garage, which will be reimbursed from equipment certificate
revenues. We also incurred a$42,847 over-expenditure for Police Department personnel which
is attributed to several items including a required increase in PERA contributions and reimbursed
grant expenditures such as the Safe and Sober grant. There is also a$12,087 over-expenditure
for unemployment compensation. The additional funding for the grant management fund
includes $80,000 in grant funding for our vehicle theft grant and $41,000 in State Health
Improvement Program (SHIP) funding. Neither the revenues nor the grant-related expenditures
for these programs were budgeted.
Dr. Burns stated the HRA reimbursement fund adjustment of $17,224 had to do with insurance
reimbursement and expenditures related to HRA properties. The drug/gambling forfeiture fund
generated $26,717. This amount is used to offset a portion of the City's cost for the officer
assigned to the DEA Task Force. The City of Fridley's Community Center donations fund
included $766 in unexpected donations and $15,045 in expected expenditures for the storage
room alteration that was done in 2010. The Springbrook Nature Center fund included an
additional $7,809 in program revenue and related expenditures. Finally, the capital
improvements fund included an $811 revenue expenditure adjustment associated with a grant for
a trail construction at the Innsbruck Nature Center. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-24.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 8
3. Claims. (150717 - 150863).
Councilmember Bolkcom noted Check No. 15086 had a typographical error and should be "SR
GOLF LEAGUE FEES."
APPROVED.
4. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
5. Estimates.
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
Street Improvement Project ST2011-01
Estimate No. 1 ................................................$62,698.10
Ron Kassa Construction
6005 East 250th Street
Elko, MN 55020-9447
20ll Misc. Concrete Repair Proj ect No. 401
Estimate No. 1 ................................................$ 3,830.40
APPROVED.
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
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 9
OPEN FORUM:
OLD BUSINESS:
6. Livestock License Request by Andy Zheng for Racing Pigeons (Tabled May 9,
2011).
MOTION by Councilmember Varichak to remove this item from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Scott Hickok, Community Development Director, this started back on April 25. Approximately
three years ago, the City approved a pigeon license for racing pigeons at the property located at
1632 Rice Creek Road. There have not been any complaints about the pigeons. The owners of
this property have done a very nice job to deliver on their promise and keep the pigeons so they
are not the target of complaints.
Mr. Hickok stated one thing that has kept this item from being on the regular agenda with the
licenses was the fact that they wanted to meet with the property owners. They may recall they
have a building for the pigeons that was a cute little shed in the backyard with a gamble roof, and
that was where the pigeons stayed. They had a some chicken wire attached to the area where
they would fly back in. There is even a little computerized entry system so they know what time
the bird comes back in, and then the birds go neatly back into their little coop. There have been a
couple of additions.
Mr. Hickok stated the City had two bad telephone numbers for the owners and there is a bit of a
language barrier. In past, he has had to go to the owners' restaurant in another city and stop and
visit with them and let them know it was time for an inspection. Unfortunately, he has not been
able to do that. It does look like there is enough concern from outside the fence. There are two
shed additions. Staff does not suspect it means additional pigeons but that some additional
building has been done.
Mr. Hickok stated staff's recommendation is to approve the pigeon license portion. Staff is
going to ask that they keep communication with Council open. They are going to do an
inspection and make sure the additions to the building have proper permits if they need them
and, if necessary, that they come down. They have had comments from the ward councilperson
about this and received one comment out of courtesy asking why the shed got bigger. Staff just
wants to make sure it is right.
Mr. Hickok stated the City is going to give the owners until September 30 to get the permit and
either remove the additions or make them right through the proper permit process. If things do
not go well, staff will have this back on Council's agenda in October 2011. He thought that
would give the owners enough time to take care of it.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 10
Councilmember Varichak asked if the City has done this before.
Mr. Hickok replied, they have. Not for pigeons but for other licensed entities. For example,
one of the auto recycling operations had a license where the City needed an additional six
months to make sure that they met some standards. Their license was provisionally approved
with the understanding that if issues were not cleared up within the next six-month period, they
would bring it back. He does not think this license will take six months. He thinks three months
will do it, and that would include removing or correcting the building additions and getting the
proper permit to do so.
Councilmember Varichak said that is why they are doing the six-month requirement instead of
just one or two months or whatever.
Mr. Hickok replied the Council could do less. He would like to allow them enough time to
succeed. There are fairly significant additions to this little building and, if they need to take
them down, he does know from trying to get a hold of them they work almost around the clock.
He would like to give them enough time to succeed before bringing it back to Council.
Mayor Lund asked if the owners were cooperative.
Mr. Hickok stated they
communicating by phone
numbers.
have had previous success with either knocking on the door or
For whatever reason this time, there were two non-working phone
Mayor Lund stated he really did not have a problem based on Mr. Hickok's recommendation to
issue a provisional license. It clearly needs to be on the record that it is conditional because there
is an outstanding issue.
Councilmember Bolkcom asked why they did not wait until the work is done. She understands
they have a special use permit with stipulations.
Fritz Knaak, City Attorney, replied ordinarily it is something that is a straight-up permission
especially when it is related to animals, although you are dealing with a situation where there
might be some conditions that are related to the actual animal use. They do have the discretion
to include some additional conditions if they choose to do so, provided they are related to the
license, which in this case would be to the pigeons.
Councilmember Bolkcom stated she remembered the concern with the original license was that
they would have more pigeons. She understands they have not had any comments or feedback
from any of the neighbors. We believe it is storage, but we do not really know what the
buildings are for. It has not been inspected. She is concerned about extending it until
September. It seems like they are spending a lot of time on such a small license and a lot of staff
time. The recommendation is they are going to do it this time; but next time, it needs to be
renewed and the City has to be able to get a hold of you.
Mayor Lund stated that is a valid point.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 11
Councilmember Bolkcom asked if the license becomes conditional no matter what when it
comes back to Council, or if it will come back to them if they do not take care of it. She thought
the conditions needed to be spelled out.
Mr. Hickok said what they can see from outside of the fence is that the little gambled roof barn
building with the chicken coop, which is actually the entry point for the pigeons to come back
with their clock from their race, is clearly separate from the little additions that were put on.
Mr. Hickok stated it looks like they have left the pigeon part alone and consolidated some other
needs on the site, like where their rakes, lawnmower, etc., go in a flat roof shed they have
attached to it. The pigeons come back through the same entry point.
Mr. Hickok stated 60 pigeons are necessary to put together a racing team. He thought 49
pigeons actually made a racing team, but 60 pigeons fly to make sure at least 49 return. The
coops are arranged in there in just the right size. Their license says they are asking for 60
pigeons and he believed them. If he thought for a second they had over that amount, they would
not be making this recommendation.
Councilmember Bolkcom asked if staff anticipated the extra additions would need to come off.
Mr. Hickok replied, yes.
Councilmember Bolkcom asked if that was mixing two different things together.
Mr. Hickok replied that is what he is asking Council to do. The City's issue is with an
appendage on the building that can be handled separate. It is a building permit issue, and he
suspects those additions will come off the building.
Councilmember Bolkcom stated if it is more of a building permit matter, can they actually put
those conditions on a license?
Attorney Knaak replied if in fact it is related directly to the use. The concern that is being
addressed is the use that has to do with the use of the pigeon coop. They do have the discretion
to do that sort of thing. The difference being of course that when the issue is addressed then, the
consequence of failing to address the condition is far more severe. The other option would be to
red-tag the place or do something like that irrespective of whether the pigeon license is granted,
and then go in and create that kind of potential hardship when really all they are looking for is to
see whether they are in compliance with the original terms of the license. It is unusual but this is
an unusual case.
Attorney Knaak stated an example would be in places where there are a lot of horses. A certain
amount of permitting is necessary in those kinds of communities such as in north Washington
County. Sometimes when you have those livestock kinds of reviews as you can have in those
places, reasonable conditions are imposed; and they relate to the keeping of the livestock Very
often it has to do with barns and all that kind of other stuff.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 12
Mayor Lund stated for clarification, there is not a problem with the pigeons. They are dealing
with a possible code violation which can be handled separately even unrelated to the pigeon
license. They do have the discretion to attach it to the pigeon license. He said he was fine with
either way.
Councilmember Varichak asked what happens if there is a need for the additions. What would
the owners do?
Mr. Hickok said the inside of the barn almost looks like the bank deposit room at the bank, with
the different bank deposit boxes. There is an identical cubby for each of the racing pigeons.
There would be no need to have a little annex. He believes the addition is for rakes, a lawn
mower, etc.
Councilmember Bolkcom asked if they could keep that stuff in there if it did not have an
addition on it. We really do not care what else they keep in there as long as they did not add on.
The problem is the part that is added on.
Mr. Hickok replied, it gets into a little bit of a funny area; but as long as they do not exceed the
amount of accessory building permitted on that site, taking the combined total of their attached
garage and their detached buildings and all, that is probably still not going to be an issue. They
can keep their pigeon operation separate and they could expand that building if it were for rakes,
etc. The problem is they did not get a permit and there is a bit of an aesthetic problem. The
building itself is nice, but it has the additions on it. He does not think it would pass code-wise.
Councilmember Bolkcom asked if they could set an inspection date for a month from now.
Mr. Hickok replied, that sounds great.
MOTION by Council Varichak to approve the livestock license request by Andy Zheng for
racing pigeons conditioned upon the homeowners having an inspection done within the next 30
days by the Building Inspection staff to review the additions that have been made to the original
building. Further, if the additions do not meet the minimum Code requirements and corrections
are not made by Friday, September 30, 2011, the item will be placed on the October 10, 2011,
agenda for reconsideration of the pigeon license on or at the residence of 1632 Rice Creek Road.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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).
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 13
Scott Hickok, Community Development Director, asked the City Council to consider this te�t
amendment relating to Chapter 128, the abatement appeal hearings for the City. Chapter 205
provides a process for zoning appeals to be heard by the Appeals Commission. Chapter 128
provides nuisance abatements in the City with an opportunity for an appeal to be heard by an
independent hearing examiner. Recently the City began bringing either side of the appeal before
the Appeals Commission. Last year the Appeals Commission's schedule was reduced to once a
month because of the lack of activity on the regular variance agenda, but this meant that the 20-
day hearing deadline for the appeal could not be met.
Mr. Hickok stated if the City is not going to use an independent hearing examiner, then the
Code language should state the current process of using the Appeals Commission. Nothing in
this text amendment changes the City's current process. The amendment simply makes the
timeline for the abatement appeals fit within the Commission's schedule. That way the City will
not be getting itself into trouble with not having an Appeals Commission meeting in a proper
timeframe.
Mr. Hickok stated since this is not an amendment to the Zoning Code, it does not require a
public hearing. The action tonight is the first reading of the ordinance. Staff is prepared to
conduct a second reading of the ordinance at the next Council meeting on June 13 unless they are
directed otherwise. This is a fairly straightforward modification as staff sees it, but it really does
clean up the City's hearing process so that when people request a hearing before the Appeals
Commission, we have the proper amount of time to get it through the hearing process.
Mayor Lund referred to a correction where it says "twenty (�30) days" it should read "thirty
(�30) days." Also, in review of this ordinance, the last sentence talks about if Council affirms
the "Appeals Commission's decision declaring that an exterior public nuisance exists, the City
shall abate the exterior public nuisance after twenty (20) days following the Council's final
determination, unless the property owner obtains a court order to the contrary within said twenty
(20) days." It seems really unreasonable, once the person goes through the appeals process, then
goes to the Council and, if they agree that there is a nuisance, the appellant only has 20 days to
get a court order to the contrary. He would think it should say the appellant has 20 days to start a
court action.
Mr. Hickok replied, he agreed. He thought the intent was that they provide proof they had
started court action within 20 days. Staff will clean that up for the second reading.
Councilmember Bolkcom asked if conducting the hearing no more than 30 days after the
request going to work.
Mr. Hickok stated that is why they are making the change. They can always have an Appeals
Commission meeting within that cycle so that it does work out right.
Councilmember Bolkcom referenced in that same sentence, "unless a later date is mutually
agreed to by the property owner and the City," and asked who the City was.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 14
Mr. Hickok replied the two parties would be the Code Enforcement Officer which could be a
number of persons but until it comes to Council it would be the Code Enforcement Officer who
they had initiated the action and the individual who initiated the action. They would then advise
Council and the Appeals Commission as to what the date would be.
Councilmember Bolkcom asked if they could put something more specific in the language
other than "the City."
Mayor Lund stated perhaps they could say "City representative."
Mr. Hickok said they will work on that.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
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).
MOTION by Councilmember Barnette to open the public hearing. Seconded by
Councilmember Varichak.
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.
Scott Hickok, Community Development Director, stated this has to do with outside storage
violations on a property that has been granted a special use permit. The outside storage has
occurred at 7865-7869 Beech Street. Outside storage needs relate to both a construction business
and an auto body shop at the same location. The screened outside storage is located in the back
of the property along the alley. Five stipulations were part of this approval:
(1) Stripe nine parking stalls;
(2) That no outside storage beyond the enclosed area in back would occur;
(3) The Fire Marshall was to approve the types of items that would be stored in that
area;
(4) There would be no junk vehicles be stored on site; and
(5) No vehicles would be parked outside of the designated parking stalls.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 15
Mr. Hickok stated they have had a number of observations by Code Enforcement staff that
many vehicles are stored beyond the nine parking stalls on this site. In the photographs, they
will see on the south side of the building there are as many as four cars at any given time that are
related to the body shop. Some of them in pretty decent state of repair but rarely ever with
license plates and other times they are not in good repair.
Mr. Hickok stated there are other observations that have been made about vehicles being stored
on site in this kind of condition. This would be in direct violation of the stipulations on the
special use permit for this site. Vehicle parking outside of the designated parking areas and
vehicle maneuvering is also occurring on the street. This is a small site, but there is actually
maneuvering that appears to be part of the body shop activity that is happening out on the street
and not on the site alone. They know that the special use permit relates very specifically to an
area on-site. Our code generally says that you should not have an activity that outpaces the
demands for parking, so that you have to have parking on the street. In this case, not only is
there parking on the street, but they have seen actual body shop type activity happening out on
the street.
Mr. Hickok stated staff did have a business meeting with the building and the business owner
last week The business owner was reminded that they only have space to store two customer
vehicles inside the building overnight and, therefore, they really need to budget their outdoor
activities to plan for that. They did concede that is the space they have to deal with and
sometimes they do have great difficulty in moving vehicles around to have enough room to
operate inside but yet to keep within compliance. The auto body business was also reminded
that they can store licensed and operable customer vehicles in the rear storage area behind the
building.
Mr. Hickok stated since staff warned the business one year ago about special use permit
violations, and the problem has continued, staff recommends that Council continue to consider
this item. They feel it is appropriate and have prepared a resolution revoking SP #08-07 based
on the following facts:
1. The business capacity of two businesses on the site regularly exceeds the nine
parking stalls located on the site so vehicles are often parked beyond the
designated parking stalls;
2. Inoperable or unlicensed vehicles are routinely stored outside on the site; and
3. The Simba Collision business is routinely using the street to maneuver and park
vehicles being serviced since many vehicles are being stored in the driveway.
Councilmember Bolkcom asked who the owners of the property were. There is a notice to
Michael Jackson and another one to Cynthia Jackson.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 16
Mr. Hickok replied, Michael and Cynthia Jackson are husband and wife and are both listed as
owners of the property. He does not know why one is issued to one and another to the other. He
believed there may have been some change of ownership. He believes it does appear in the
City's utility and property ownership records that Cynthia Jackson is now the owner.
Councilmember Bolkcom stated it sounds like this has been an ongoing issue. She asked if
there has been discussion and communication both verbally or written to the owners?
Mr. Hickok replied, yes, to both. Code enforcement records on this site are quite lengthy and go
back some time. Although they are bringing it before Council now, the CTS records show that
even when there was a group of four owners on this property, the City had code enforcement
issues. It is a reoccurring issue.
Councilmember Bolkcom asked Mr. Hickok to summarize what the owners' response to the
violations has been in the past.
Mr. Hickok replied, for the most part it has been a combination of things. It has been a
movement towards compliance after letters have been sent out and obedience to the Code for a
period of time. Long enough that they need to restart the clock almost and they send a second
15-day letter. He believed there was a citation issued at one point in the past for the property
owner, Franklin Builders, of which the Jacksons are part o£ As part of that, they had a one-on-
one conversation about the kinds of outdoor storage and activities that need to happen on this site
to keep the property in compliance. They did have a very good and cordial meeting with them.
There is a desire by both the property owner and the business owner to be in compliance. One of
the things they point out is there are times when customers leave cars overnight for service, and
their tow trucks will leave it on the street.
Mr. Hickok stated they think there are workable logistics to make this site work Of course they
do not want to see a business have to leave. However, without a special use permit they are
going to be even further constrained on this site. With the amount of code enforcement the City
has had on this site, it is beyond just having meetings at this point. Staff believes it warrants
having this kind of discussion. SUP's have to be reviewed and, if the City finds continuing
violations, they need to bring it back to Council so they do not waive the opportunity to enforce
those stipulations.
Councilmember Bolkcom stated going back to the five stipulations from June 13, 2008, which
ones are not being met?
Mr. Hickok replied, Nos. 1, 2, 4, and 5.
Councilmember Bolkcom regarding the unlicensed cars, they could have tagged them in the
past. Could they have them towed eventually?
Mr. Hickok replied in certain instances they do. This is the kind of oversight staff wants the
property owner to do. They do not want to have to tag it and go back in five days. That is a lot
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 17
of enforcement that is under the mandate of stipulations already on an SUP. Staff thinks when it
reaches that point, if they would have to tag and tow, they really need to consider revoking this
SUP instead.
Councilmember Bolkcom referred to the April 9 letter addressed to Cynthia Jackson, there is
mention about using dealer license plates. Could they ever use those?
Mr. Hickok replied there is a strict set of rules for using a dealer license. Staff learned from
their meeting last week there is an ongoing business relationship with Northtown Auto which he
believed is on University Avenue. It is an auto sales lot they do a lot of work for, and that may
explain those plates. However, they do need to be careful because the answer to an unlicensed
vehicle sitting outside is not to put a dealer plate on it.
Councilmember Bolkcom stated the City seems to have these problems with the places that do
not really sell cars but they sort of sell cars, they never have enough spots, and then they have
ones where there is always a car dropped off with a tow truck It seems like it happens quite
often, but there is never any signage at any of these places that tells them they cannot do that.
She asked Mr. Hickok regarding the discussions with the property owner and the manager was
the flavor of the last meeting anything to have you tell her they are not going to see any more
problems if their SUP is not revoked?
Mr. Hickok replied, he thinks the flavor of the last meeting was that they realize how serious
this is, and both parties really are very interested in maintaining the SUP and maintaining their
ability to operate here. This is very much like other businesses in which the City had an issue
where there is more than one tenant, where a building owner maybe owns part of the building,
and there is a tenant who operates the other part, and the owner needs them to comply in order to
keep them a vital tenant in the building. However, oftentimes the tenant can get the owner in
trouble; and frankly that is what is happening here. This is less about Franklin Builders right
now and having their materials outside. It is far more about he thinks a body shop that has too
little room to work or lack of logistic skills on the part of the people operating it to keep the
vehicles out of their own way and to keep room for a vehicle that shows up overnight that they
were not expecting. If you have nine stalls you are dealing with, that is the logistics that you
have to work out. You have to schedule based on how much room you have to work on them.
Councilmember Bolkcom stated it is almost three years since this happened. Maybe the
property owner needs to come to the podium and give some kind of reassurance that they have a
different plan than they have had in the last three years with the collision business as to how they
are going to rectify this problem. It is not the City's issue if they do not have enough parking
spots. It becomes the City's issue when they have to continue to enforce the stipulations. Right
now, they are only complying with one of them.
Mike Jackson, 7865 Beech Street NE, replied, one thing that will help them is parking cars in
the rear which he did not know they could do. Staff inentioned they could park two cars back
there. One thing that happens to the business owner is they will have two cars done and then
whoever they did the work for does not have the money so they hold the cars. They have two
cars sitting outside that could be stored in the back while they are waiting to get their money.
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 18
Councilmember Bolkcom asked if they could store licensed vehicles in the rear.
Mr. Hickok replied yes. They would have to be licensed and be streetworthy.
Mr. Jackson stated he was not aware the tow truck could dump a car in the street. He thought
they had to dump the car back into the driveway.
Councilmember Bolkcom asked if some simple signage would help.
Mr. Jackson stated he thought that would probably take care of it.
Councilmember Bolkcom said she needed some reassurance that he will put up some signage
like that. She is hearing they cannot help it because the tow truck tows a car there and leaves it
in the street.
Mr. Jackson stated sometimes there is nobody there.
Councilmember Bolkcom asked if there was lighting on the building where they could put a
sign for the tow trucks. She needs something to show they are going to work on this problem,
and she is not quite hearing it.
Mr. Jackson replied, yes, he would think something like that would work.
Councilmember Bolkcom asked if he was saying he would put up signage.
Mr. Jackson replied, yes, he will put up signage with a light. Sometimes if they get a semi or
something to drop off lumber at their place, they do not have room for them to back up into their
spot either.
Councilmember Bolkcom stated this is a business with the special use permit. They have to
follow the stipulations and have to figure it out.
Mayor Lund stated typically you are usually working with one or two towing companies so it is
repeated. It is not like they are coming from all over the place. It is just a simple letter of notice
to those towing operators that they cannot dump the vehicles after hours in that nature. The deal
is they have to park in the empty stall provided in the back Signage would do it. Whatever gets
them into compliance. Regarding when the lumber is being delivered, as long as it is not parked
overnight and is in compliance. The City is not trying to be unfriendly to business, but if
everybody does this and there are no restrictions, sometimes they outgrow the business and
pretty soon there is encroachment, a hardship for many others, safety issues and many other
things. There has to be some type of order. He does see a history here.
Councilmember Bolkcom stated one thing is signage. They need more communication. If
there is a car out in the street, it has to be off the street; and there cannot be vehicles there
without licenses. The property owner is responsible because it is his special use permit and he is
the owner. This is serious business because he could have his special use permit revoked. She
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 19
asked with respect to the revocation of the permit if they could table it for review in two months
and have the owners come back with a written plan as to how they are going to change their
business in order for this to happen and actually show they are following a plan.
Attorney Knaak replied, they are in a public hearing and they can continue the public hearing.
Councilmember Bolkcom asked what if they do not revoke the special use permit tonight, they
continue the public hearing to whatever date they might come up with, and in the meantime
suggest they work with the City staff with a plan and also show the Council the plan is working
in three months.
Attorney Knaak replied, they could certainly do that. He said he believed they have done that
in the past where they are in the process of taking in information. This is not a situation where
they are worried about the 60-day rule or anything like that. They are not asking Council to do
anything. They can take whatever continuances, whatever amount of time, and whatever
additional considerations they choose to. You can close the public hearing and take action. You
can close the public hearing and not take action. Or, you can continue the public hearing.
Councilmember Bolkcom asked if they close the public hearing and do not take action are they
basically not revoking the special use permit.
Attorney Knaak replied, no. This is the Council's opportunity if they want to gather additional
information or have additional discussion, to allow that to occur on the record if they continue
the public hearing.
Councilmember Bolkcom said the easiest thing to do would be to continue it for three months
and then come back. She asked Mr. Hickok if three months made sense.
Mr. Hickok replied, that is consistent he believed with what Council did with Sam's Auto Body.
Mayor Lund stated he thinks that is way too long. He asked Mr. Jackson whether he has had
discussion with Simba Collision about the ongoing violations, and if they have come to any kind
of a resolution as to how they might come into compliance. It is not a short-term fix.
Mr. Jackson replied, they have talked about it. During the winter, he thought they were doing a
pretty good j ob of keeping up with it and then all of sudden in the last two months it changed.
Councilmember Bolkcom stated she meant for them to come up with a plan within the next 30
days, communicate with City staff, and show that their plan is working. City staff would have an
opportunity within the next two months after that plan. It would give them time to work out their
plan, communicate with all the managers, and show City staff by inspections, say one in June
and one in July, that they are actually following the rules. She asked Mr. Hickok what he
thought.
Mr. Hickok replied, that would certainly give them time to get signs made. The sign code
allows them a number of information signs at four square feet. They could have signs made and
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 20
have them posted. A lot could happen. In that first month they can get their plan ready and get
their signs ready and then staff can see two months of behavior before it is brought back Code
Enforcement could watch that.
Councilmember Bolkcom asked Mr. Jackson what he thought of that plan. He work out a plan
with the managers of the business, start working on getting those signs, get back to City staff or
start working with them in the next week, and give City staff the next two months to observe
them.
Mr. Jackson replied yes, he thinks they can do that for sure.
Mayor Lund asked Mr. Jackson if there is any area outside of the building that could be used for
storage of the vehicles. Is there a fenced-in area that could be utilized from time to time?
Mr. Jackson replied they do have fenced-in storage in the rear.
Mayor Lund asked if it was full.
Mr. Jackson replied, no.
Mayor Lund asked Mr. Hickok if that would be permissible for them to store some of the
vehicles there.
Councilmember Bolkcom replied that is part of their stipulations, no outdoor storage other than
the existing stalls.
Mr. Hickok stated the cars being worked on for sure could not be in that area. They did talk
about using that as a secured area for finished cars only, and he thinks that would be acceptable
under these standards.
Mayor Lund said they need to come up with a resolution that they can stick to.
MOTION by Councilmember Bolkcom continuing the public hearing to the August 22, 2011,
City Council meeting. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING
MOTION CARRIED UNANIMOUSLY
CONTINUED AT 9:28 P.M.
9.
None.
Informal Status Reports:
AYE, MAYOR LUND DECLARED THE
AND THE PUBLIC HEARING WAS
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 PAGE 21
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 9:37 P.M.
Respectfully submitted,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 13, 2011
Date: June 7, 2011
To
From:
Subject:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Second Reading for Te�t Amendment TA#11-06, Chapter 128, Abatement of Exterior
Public Nuisances
Background
At the May 23, City Council meeting, the first reading of the attached ordinance occurred. Council reviewed
the language changes proposed and provided feedback to staff. The proposed code changes will clarify the
City's recent change in procedures to use the Appeals Commission to hear public nuisance abatement
appeals rather than hire an independent hearing examiner. Authority is already granted to the Appeals
Commission for this role in the Zoning Code, but some of the language in Chapter 128.06 of the City Code
needs to be amended to clarify the same process for abatement appeals. Most importantly, the timing of
hearings needs to be adjusted in Chapter 128 from a 20-day response to 30-day response since the Appeals
Commission now only meets once per month.
Council made some recommendations for improvement in the code language. These changes are reflected on
the revised version of the ordinance attached. Those additions include the word "thirty" in the fourth
sentence, the words "representatives o�' in the fifth sentence, and the words "petition for" in the last
sentence.
Recommendation
Staff recommends that the City Council conduct the second reading of the attached proposed text changes to
Chapter 128 of City Code at the June 13, 2011, City Council meeting. If approved, the changes will be in
effect 15 days following publication.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 128 OF THE FRIDLEY CITY CODE
PERTAINING TO ABATEMENT OF EXTERIOR PUBLIC NUISANCES
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that Section 128.06 of the Fridley City Code be hereby amended as
follows:
Section 1: That Section 128.06.2 of the Fridley City Code be hereby amended as follows:
128.06 PROCEDURES FOR REMOVAL OF EXTERIOR PUCLIC NUISANCES
2. Hearing.
Any property owner who feels aggrieved by an order of �e a Code Enforcement Officer or other
duly authorized agent issued pursuant to this chapter may request a hearing before the �
� A�eals Commission. Such request shall be filed in writing with the office of the
Community Development Director within twenty (20) days after the date of service of the notice
by the Code Enforcement Officer or other duly authorized agent. The Community Development
Director shall notify the �°�ri�� �'°�m;�°r T��'�� °'��" Appeals Commission and �e�€� the
property owner of the date, time, and place of the hearing. The hearing shall be conducted no
more than ��thirtv (�30) days after the u°�r;�� �'°�m;�°r r° °° �+;�° �� +'�° rp opertX
owner's request, unless a later date is mutually agreed to by the u��r��o �:°�����r, ±'�� property
owner and the City. Both the property owner and representatives of the City may appear at the
hearing with counsel and may call s�e� witnesses and present�k relevant and competent
evidence � °�'°*°rm��°�"��� *'�° T�°�r;�� �'°�m;�°r +�'�° r°'°����+ Within ten (10) days after
such hearing, the u��r��o �:°�����r Appeals Commission shall affirm, repeal or modify the
order of the Code Enforcement Officer or other duly authorized agent. The u°�r;�o �:°�m;�°r'�
A�eals Commission's order shall be accompanied by written findings of fact, and may include
a finding of fact as to the absence of value of the refuse and/or junk materials deemed to
constitute an exterior public nuisance. Any person aggrieved by the decision of the �
� Appeals Commission may appeal that decision to the City Council by filing notice of
such appeal with the Community Development Director within twenty (20) days of receiving
notice of the u°�ri�o �:°�m;�°r'� Appeals Commission's decision. At its next available regular
meeting following the filing of a notice of appeal, the Council shall review the decision and
findings of fact of the T_�°^r��o �:°^m��°r Appeals Commission and shall affirm, repeal or modify
that decision. If the Council affirms the u��r��o �:°�����r'� A�eals Commission's decision
declaring that an exterior public nuisance exists, the City shall abate the exterior public nuisance
after twenty (20) days following the Council's final determination, unless the property owner
�s t�etitions'� for a court order to the contrary within said twenty (20) days.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2011.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: May 23, 2011
Second Reading: June 13, 2011
Published:
PLANNING COMMISSION MEETING
May 18, 2011
Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Approval of Minutes:
Leroy Oquist, David Kondrick, Jack Velin, Brad Dunham, Brad Sielaff,
and Tim Solberg
Dean Saba
Stacy Stromberg, Planner
Apri120, 2011
MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideration of a Public Hearing for a Consideration of a Special Use Permit, SP #11-01,
by Sprint/Nextel, Todd Young, for Dahlke Trailer Sales, to Allow the Construction of a 125-
Foot Telecommunications Tower at the Industrial Property, Owned by Greg Dahlke, of
Dahlke Trailer Sales, Generally Located at 8170 Hickory Street.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin.
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. Young, with Wireless Site Services, Inc. who is an
agent for Sprint/Nextel, is requesting a special use permit to allow the construction of a 125-foot
telecommunications tower at the industrial property, owned by Greg Dahlke, of Dahlke Trailer Sales,
which is located at 8170 Hickory Street NE.
Ms. Stromberg stated the Commission may recall granting this same request in 2008. That tower was
not constructed and staff revoked the 2008 special use permit last year after discussions with the Dahlke's
that Sprint no longer had an interest in their site. Since those discussions interest has perked again on this
site and, as a result, the City has received a new special use permit application.
Ms. Stromberg stated the proposed facility will consist of a 125-foot monopole telecommunication
tower, with accompanying ground equipment. The proposed tower and related ground equipment will be
contained in a fenced-in, 20-foot by 30-foot leased space on the subject property. Sprint is designing this
tower to allow for three additional wireless carries.
Ms. Stromberg stated Sprint is proposing to locate the telecommunications tower at 8170 Hickory Street.
The subject property is zoned M-3, Outdoor Intensive Heavy Industrial as are all surrounding properties,
with the exception of the Burlington Northern Santa Fe railroad tracks to the west. The subject property
was developed in 2003, with the construction of the existing 23,920 square foot building. An addition
was constructed to the building in 2004, to allow a 14-foot by 70-foot paint booth.
Ms. Stromberg stated in 2009 Mr. Dahlke went through the preliminary plat process to subdivide his
property at 8170 Hickory Street. The reason for the subdivision was to create a separate saleable parcel.
The City Council approved the final plat on April 12, 2010; however, the petitioner just recently brought
the plat to Anoka County to be filed. In the meantime, the Dahlke's have had an interested buyer in the
lot, which is the northerly portion of the existing property. The interested party would like to acquire
additional land from the Dahlke's than what was originally platted. As a result, Dahlke's surveyor is in
the process of modifying the newly created lot line by moving it south and additiona175 feet.
Ms. Stromberg stated and that modification is before the County right now for their review. Once the
County has reviewed it, it will come back to the City Council for another final plat review and approval,
before it is filed at the County. Staff expects that all of this will take place within the next few months.
Chairperson Kondrick asked regarding the new lot line, will this not affect the location of the tower
they are talking about this evening?
Ms. Stromberg replied, the tower has been moved to accommodate the new line. The petitioner is aware
of it. Staff expects it will take another couple months to get the final plat approved.
Ms. Stromberg stated the purpose of a special use permit is to provide the City with a reasonable degree
of discretion in determining the suitability of certain designated uses upon the general welfare, public
health and safety of the area in which it is located. The special use permit gives the City the ability to
place stipulations on the proposed use to eliminate negative impacts to surrounding properties. The City
also has the right to deny the special use permit request if impacts to surrounding properties cannot be
eliminated through stipulations.
Ms. Stromberg stated as the petitioner is requesting this special use permit to allow the construction of a
new telecommunications tower at 8170 Hickory Street. The subject property is zoned M-3, Outdoor
Intensive Heavy Industrial. Telecommunication towers and the installation, operation, and maintenance
of Wireless Telecommunications Facilities are allowed in the industrial districts, but only with a special
use permit.
Ms. Stromberg stated regarding the site selection, Sprint's radio frequency engineers identified this site
as a potential telecommunications tower site because of coverage and capacity needs within the area. The
petitioner states that this location is ideal in meeting the City Code requirements and tower height
requirements necessary to meet their signal improvement goals.
Ms. Stromberg stated when Sprint started their initial search for tower locations, they identified the
existing T-Mobile tower, at the Park Construction property at 30 - 81St Avenue, which is the parcel just
south of the subject property. City Code requires that the petitioner prove a new site is necessary and that
usable "Approved Sites" are not located within a'/2 mile radius of the proposed new site. The T-Mobile
tower is located approximately 25 miles from the proposed new tower site. There are two towers located
beyond a'/2 mile of the proposed site, one which is located at Talco Industries at 7835 Main Street, and
the other is located at Northtown Mall.
Ms. Stromberg stated Sprint has determined that if they located their antennas on the T-Mobile tower,
which is located on the Park Construction property, it would not provide the adequate coverage needed in
the areas they are looking to serve. T-Mobile's equipment is already at the top of the 125-foot tower and,
2
if Sprint were to locate on this tower, it would have to be at a lower height. According to Sprint this
tower is unable to achieve the signal coverage goals because of the antenna mounting height not being
available on this tower. Other transmission line structures were also considered but were also unable to
provide the minimum height required to achieve the coverage goals.
Ms. Stromberg stated while the subject properiy is not on the approved site list with the City for
telecommunication towers, it is located in an industrial district, which is allowed through a special use
permit. The telecommunications ordinance states that in order to minimize adverse visual impacts of the
tower and related ground equipment the petitioner shall carefully consider the design, placement,
landscaping and innovative camouflaging techniques. It also states that the tower and equipment shall be
designed to blend into the surrounding environment. The petitioner is proposing to construct the tower
and related equipment on the northwest side of the property, just east of the existing pond area. This is
the approximate location the City stipulated the tower be placed last time the special use permit was
approved. It will be placed in the rear yard and will blend in with the existing Xcel transmission poles, so
would comply with minimizing any adverse visual impacts. The ground equipment is proposed to be
contained with a chain link fence.
Ms. Stromberg stated City staff recommends approval of this special use permit request as
telecommunication towers are a permitted special use in the M-3, Outdoor Intensive Heavy Industrial
zoning district, subject to stipulations.
Ms. Stromberg stated staff recommends that if the special use permit is granted, the following
stipulations be attached:
1. A building permit shall be obtained prior to commencement of installation of any facility
equipment on this site.
2. As an alternative to landscaping and screening the telecommunications equipment, the
property owner shall submit a landscape plan ensuring that the property meets code
requirements for the amount of trees required. If deficient, the property owner shall plant
the necessary trees to be in compliance within 6 months of issuance of this special use
permit.
No signs other than warning or equipment information signs are permitted as part of this
application.
Commissioner Dunham asked is it staff evaluation to determine whether there is a need for another
tower. To determine whether there is a need within a half-mile?
Ms. Stromberg replied, they do the analysis to see where it is located in relation to the other towers.
They do leave it up to the petitioner to tell them whether their system needs it or not.
Commissioner Dunham asked if there is some criteria staff follows? What is that?
Ms. Stromberg replied, it is all listed in their packet. The petitioner actually did a very good job of
highlighting each requirement the City has. It all relates to where the tower can be located (of course,
only in industrial districts); and we have them in our parks as well and on water towers. Building heights,
requiring building permits, there is a whole list of different things staff looks at when analyzing whether
to allow a cell tower through a special use permit.
Commissioner Dunham stated if the T-Mobile tower does not work for Sprint because it doesn't have
the required height. It seems to him they are building these towers and these towers are all built to
accommodate multiple antennas, but we are not using them that way. Each user wants to build their own
tower. Does that mean Verizon is going to build another one around the corner?
Mr. Young, petitioner replied what they do is provide the City Planner with information on the
reasoning and rationale behind why the towers are necessary is through a couple of inethods. Primarily
with a propagation map actually showing where the signal will be covering in one location vs., another
location. He asked them to look at the page that has the drawings showing a comparison between where
the T-Mobile tower is and using the T-Mobile tower at the lower radiation height vs. using the one at
Dahlke Trailer. They can see by the white representations those are the areas that would be lacking
coverage by being on that tower. The T-Mobile tower currently has three other carriers on it, so the
existing towers are accommodating other users. T-Mobile is on top and there are two additional users on
it. He would say whoever may not have been located on that tower may end up going on this Sprint
tower. The primary area they are trying to cover is the residential area to the west, the Nature Center to
the north, and also the business area along University area. They have a computer-generated coverage
map using longitude, latitude, height, type of antenna output power to assimilate the actual coverage. The
goal is to provide in-home, in-building coverage so folks can use their high-speed data, minimize drop
calls, and create a cell site that is creating a hand-off canvass for seamless coverage.
Commissioner Dunham asked but they are using those other spaces on the other tower then?
Mr. Young replied, absolutely. There are three carriers on the other tower right now.
Chairperson Kondrick asked if there is technology today that is able to increase the power? In other
words, is it possible to have an 80-foot tower with more power? Are we high for a reason because we
only have the power, the technology is not there. If we had more power, could we lower the height of the
facility?
Mr. Young replied, that is a very good question; and it deals with the advances of technology and
actually contains the type of signal that is being broadcast. There are multiple cell sites across the City
not only for coverage but also for capacity. When cell phone calls/daily connections are made, a cell site
can only handle so many phones calls and then the other calls get put to the ne�t closest cell site. When
that gets full, it then cascades around to other cell sites until they all become full. What they do is
engineer in another cell site that has the capacity ability to relieve some of the other phone calls and the
daily connections. Regarding the power and the antennas, it becomes more of not necessarily putting out
additional power, but controlling where the signal is going so it does not override and cause interference
at other cell sites. That is a largely contained signal that allows the calls to come into it from another cell,
hand out of it if you are mobile but also provide service and capacity for the area it is trying to cover
specifically.
Chairperson Kondrick asked, it is the ability to absorb the calls that are taken but also to be able to
transfer to other stations, correct?
Mr. Young replied, correct. That is why you never get dropped calls.
Commissioner Sielaff stated, this about coverage. Adding more cell phone usage, plus going to a higher
level of like 4G?
Mr. Young replied, exactly. Just four years ago wireless use was around 50-60 percent. Wireless user
cell phones are at 90 percent now.
Commissioner Sielaff asked if they go to 4G, are they looking at more towers then?
0
Mr. Young replied, what they did is the capability of handling more calls because it compresses it down
even further and further. Higher speed there means more calls on the individual cell.
Commissioner Sielaff asked, they do not need more towers then?
Mr. Young replied, not necessarily. They always need to have the signal coverage which may
necessitate a tower being built. You have more capacity, now you have to get the signal. They are just
trying to make sure you have in-home, in-building coverage and when you walk in your back room from
your front room, you are not dropping the signal because of wall penetration, etc.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:20
P.M.
Chairperson Kondrick asked Ms. Stromberg if anyone has complained about this idea?
Ms. Stromberg replied, no.
Chairperson Kondrick stated they have seen this a couple of years ago and did not see any problem with
it then. He does not have any problem with it now. It is in a new location and seems like it is even more
functional now than it was a couple of years ago. He has driven by there. It is not in the way of anything.
You cannot see it from anything except maybe the residential towards East River Road.
Commissioner Oquist stated he agrees.
Commissioner Solberg stated the petitioner states we need it.
Commissioner Velin stated he had no problem with it.
MOTION by Commissioner Oquist approving Consideration of a Public Hearing for a Consideration of a
Special Use Permit, SP #11-01, by Sprint/Nextel, Todd Young, for Dahlke Trailer Sales, to Allow the
Construction of a 125-Foot Telecommunications Tower at the Industrial Property, Owned by Greg
Dahlke, of Dahlke Trailer Sales, Generally Located at 8170 Hickory Street with the following
stipulations:
1. A building permit shall be obtained prior to commencement of installation of any facility
equipment on this site.
2. As an alternative to landscaping and screening the telecommunications equipment, the
property owner shall submit a landscape plan ensuring that the property meets code
requirements for the amount of trees required. If deficient, the property owner shall plant
the necessary trees to be in compliance within 6 months of issuance of this special use
permit.
3. No signs other than warning or equipment information signs are permitted as part of this
application.
Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Receive the Minutes of the March 3, 2011, Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Dunham.
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, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg stated the street vacation they had before them on April 20, 2011 for Mr. Dahlberg was
approved by the City Council.
Ms. Stromberg stated Scott Hickok wanted to provide them with an update on the East River Road
corridor project, but said he would do that at the ne�t meeting as they are in the process of trying to
organize a neighborhood meeting.
Ms. Stromberg stated that June 15, 2011 meeting has been cancelled.
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,
Denise M. Johnson
Recording Secretary
7
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 13, 2011
CRY OF
FRIDLE'f
Date: June 7, 2011
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject:Resolution Approving Final Plat, PS #09-04, Dahlke Trailer Sales
ANALYSIS
The Council will recall, in 2009, Mr. Dahlke went through the preliminary plat process to subdivide his
property at 8170 Hickory Street. The reason for the subdivision was to create a separate saleable parcel.
The City Council approved the final plat on April 12, 2010, however the petitioner just recently brought
the plat to Anoka County to be filed. In the
meantime, the Dahlke's have had an
interested buyer in the saleable lot, which is
the northerly portion of the existing
property. The interested party would like to
acquire additional land than was originally
platted from the Dahlke's. As a result,
Dahlke's surveyor modified the lot line by
moving it south 75 feet. Staff has reviewed
this request and doesn't view this as a
significant modification. However, a
stipulation will be added regarding moving
the curb and creating a 5 ft. landscaped area
between the two lots to assure continued
code compliance on Lot 1.
That will leave Lot 1, with 5.87 acres and Lot
2, which is the lot for sale, with 6 acres.
That revision has been reviewed and
approved by Anoka County and as a result,
the new final plat mylars are before you to tonight for approval.
City staff has already received and approved building plans for the Lot 2 business. The business is
Metropolitan Transportation Network, Inc., which is a bus transportation operation that provides
services primarily to schools. They will provide their office and dispatch services from the 20,000 square
foot building as well as minor bus maintenance and bus storage. The remainder of the site will be used
for storage of buses and a fuel pump for the buses. Representatives of the business articulated to staff
that they hope to employee 100 people from this site and be open in the fall for the start of school.
With the modification of the lot line, the stipulations previously approved need to be modified.
RECOMMENDATION
The Planning Commission approved the preliminary plat for PS #09-04 on October 21, 2009. Staff
recommends approval of the revised final plat along with the following modifications to the stipulations:
STIPULATIONS
� The petitioner shall modify the placement of their existinq curb alonq the new north property line
to ensure that the curb and parkinq area are 5 ft. from the property line, creatinq a 5 ft.
landscaped buffer on Lot 1, which will be landscaped with sod and at minimum seven trees. �e�
,
,,.-+., �:.,,, ..,:+ti:., cn ,��.,� „�...-„�:.,,:.,�.-., ..��+ � ��
. , .
�
.��+:.,., F.�.�� .. .- +., :� .,F ., L...:1.�1:.,., .. .�,:+
�. TL,.� ...�+:+:.,.,.�.- �L,.,,11 .. .�.-1.. .�, .,+.,,:., 1 .,+ #'7 . .,+:1 �.,,1.� .,
6. The petitioner shall provide easements as shown on preliminary plat drawing.
7. An easement for the pond that crosses lot lines shall be established and filed and a storm pond
maintenance agreement shall be filed with the City.
.,
*Stipulation 1 is being modified to ensure that placement of the curb is 5 feet from the newly created
property line with a 5 ft. landscape buffer. New trees are being required since several of the new trees
that were already planted on the west side of Lot 1 to satisfy landscape requirements of the plat were
later removed to make way for a gas line.
*Stipulations 2, 4, 6 and 8 are being removed because building plans for Lot 2 are before the City right
now for review and approval.
*Stipulation 3 is being removed because the park dedication fee has already been paid.
RESOLUTION NO.
RESOLUTION APPROVING A PLAT, P.S. #09-04, DAHLKE INDUSTRIAL PARK, BY
GREG DAHLKE, FOR THE PURPOSE OF CREATING TWO INDUSTRIAL LOTS,
GENERALLY LOCATED AT 8170 HICKORY STREET NE.
WHEREAS, the Planning Commission held a public hearing on October 21, 2009, and
recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for DAHLKE INDUSTRIAL PARK
at their November 9, 2009 meeting; and
WHEREAS, the City Council approved the final plat at their April 12, 2010 meeting; and
WHEREAS, there has been an amendment to the lot line to subdivide this parcel and as a result,
the final plat has been reconsidered; and
WHEREAS, a copy of the new final plat DAHLKE INDUSTRIAL PARK has been attached as
Exhibit B; and
WHEREAS, the stipulations of the final plat have been reconsidered and modified as represented
in Exhibit A attached;
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for
DAHI,KE INDUSTRIAL and directs the petitioner to record the plat at Anoka County within six
months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
13TH DAY OF JUNE 2011.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Page 2— Resolution -2011 — DAHI,KE INDUSTRIAL PARK
EXHIBIT A
STIPULATIONS
1. The petitioner shall modify the placement of the existing curb along the new north
property line to ensure that the curb and parking area are 5 ft. from the property line,
creating a 5 ft. landscaped buffer on Lot 1, which will be landscaped with sod and at
minimum seven trees.
2. The petitioner shall provide easements as shown on preliminary plat drawing.
3. An easement for the pond that crosses lot lines shall be established and filed and a storm
pond maintenance agreement shall be filed with the City.
�
�
CffY 4F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 13, 2011
Date: June 1, 2011
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Special Use Permit Request, SP #11-01, Wireless Site Services for Sprint/Nextel
INTRODUCTION
Mr. Young, with Wireless Site Services, who is an agent for Sprint/Nextel, is requesting a special use
permit to allow the construction of a 125 ft. telecommunications tower at the industrial property,
owned by Greg Dahlke, of Dahlke Trailer Sales, which is located at 8170 Hickory Street NE.
The Council may recall granting this same request in 2008. That tower was not constructed and staff
revoked the 2008 special use permit last year after discussions with the Dahlke's that Sprint no longer
had an interest in their site. Since those discussions, interest has perked again on this site, and as a
result, we have received a new special use permit application.
The proposed facility will consist of a 125 ft. monopole telecommunication tower, with accompanying
ground equipment. The proposed tower and related ground equipment will be contained in a fenced in,
20 ft. by 30 ft. area on the northwest side of the subject property. Sprint is designing this tower to allow
for three additional wireless carriers.
PLANNING COMMISSION RECOMMENDATION
At the May 18, 2011, Planning Commission meeting, a public hearing was held for SP #11-01. After a
brief discussion, the Planning Commission recommended approval of the request, with the stipulations
as presented.
THE MOTION CARRIED UNAMIOUSLY.
STAFF RECOMMENDATION
Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. A building permit shall be obtained prior to commencement of installation of any facility
equipment on this site.
2. As an alternative to landscaping and screening the telecommunications equipment, the property
ownershall submit a landscape plan ensuring that the property meets code requirements for the
amount of trees required. If deficient, the property ownershall plant the necessary trees to be in
compliance within 6 months of issuance of this special use permit.
3. No signs other than warning or equipment information signs are permitted as part of this
application.
RESOLUTION NO. 2010 -
A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 11-01
FOR WIRELESS SITE SERVICES, INC., ON BEHALF OF SPRINT/NEXTEL, TO
ALLOW THE CONSTRUCTION OF A TELECOMMUNICATIONS TOWER AND
ACCOMPANYING GROUND EQUIPMENT TO BE INSTALLED ON AN INDUSTRIAL
PIECE OF PROPERTY LOCATED AT 8170 HICKORY STREET, OWNED BY GREG
DAHLKE.
WHEREAS, Section 205.30.OS.0 of the Fridley City Code allows construction of towers and the
installation, operation, and maintenance of Wireless Telecommunication Facilities on M-3, Outdoor
Intensive Heavy Industrial zoned property by a special use permit; and
WHEREAS, the subj ect property, at 8170 Hickory Street is zoned M-3, Outdoor Intensive Heavy
Industrial; and
WHEREAS, on May 18, 2011, the Fridley Planning Commission held a public hearing to consider a
request by Wireless Site Services, Inc., on behalf of Sprint/Ne�tel, and Greg Dahlke, the property
owner of 8170 Hickory Street NE in Fridley, legally described as the South 844 feet of that part of
the Southwest'/4 of the Northeast'/4 of Section 3-30-24, lying easterly of the easterly right-of-way
line of the railroad, except road, City of Fridley, County of Anoka, for a Special Use Permit SP# 11-
O1 to allow the construction of a 125 ft. telecommunications tower and accompanying ground
equipment; and
WHEREAS, on June 13, 2011, the Fridley City Council approved the stipulations represented in
Exhibit A to this resolution as the conditions on Special Use Permit SP# 11-01; and
WHEREAS, the petitioner, was presented with Exhibit A, the stipulations, at the June 13, 2011 City
Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Special Use Permit SP# 11-01 and stipulations represented in Exhibit A are hereby adopted by the
City Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13Tx
DAY OF J UNE, 2011.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
Request: SP# 11-01 Special Use Permit to allow the construction of a
telecommunication tower and accompanying ground equipment
Petitioner: Wireless Services, Inc.
Property Owner: Greg Dahlke
Location: 8170 Hickory Street NE Fridley, MN 55432
Stipulations
1. A building permit shall be obtained prior to commencement of installation of any facility
equipment on this site.
2. As an alternative to landscaping and screening the telecommunications equipment, the
property owner shall submit a landscape plan ensuring that the property meets code
requirements for the amount of trees required. If deficient, the property owner shall plant
the necessary trees to be in compliance within 6 months of issuance of this special use
permit.
3. No signs other than warning or equipment information signs are permitted as part of this
application.
City of Fridley Land Use Application
SP #11-01
GENERAL INFORMATION
Applicant:
Wireless Site Services, Inc.
Sprint/Nextel — Todd Young
1401 22ptn
Ser�eant Bluff IA 51054
Requested Action:
Special Use Permit to allow the construction
of a 125 ft. telecommunications tower.
Existing Zoning:
M-3 (Outdoor Intensive Heavy Industrial)
Location:
8170 Hickory Street
Size:
5.87 acres when the final plat is approved
Existing Land Use:
Dahlke Trailer Sales
Surrounding Land Use & Zoning:
N: Industrial & M-3
E: Industrial & M-3
S: Industrial & M-3
W: Railroad & RR
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.18.01.C.(7) requires a special use
permit to allow telecommunication towers
and wireless telecommunications.
Zoning History:
2003 — Building is constructed.
2004 — Addition is constructed.
2010 — Lot is going through the platting
process.
Legal Description of Property:
Current Legal: The south 844 feet of that
part of the SW % of the NE % of Section 3-
30-24, lying easterly of the easterly right-of-
way line of the railroad, except road,
subject to easement of record.
Proposed Legal: Lot 1, Block 1, Dahlke
Industrial Park
Public Utilities:
Property is connected.
Transportation:
May18,2011
SPECIAL INFORMATION
Hickory Street provides access to the property.
Physical Characteristics:
Lot consists of the building, parking lot, outdoor
storage and landscaping.
SUMMARY OF PROJECT
Mr. Young, who represents Wireless Site Services,
Inc., on behalf of Sprint/Nextel, is requesting a
special use permit to allow the construction of a 125
ft. telecommunications tower at the industrial
property located at 8170 Hickory Street.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special use
permit.
Telecommunications towers are a permitted special
use in the M-3, Heavy Industrial District, subject to
stipulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council —June 13, 2011
60 Day — May 16, 2011
Subject Property
Staff Report Prepared by: Stacy Stromberg
SP #11-01
RE UEST
Mr. Young, with Wireless Site Services, Inc. who is an agent for Sprint/Nextel, is requesting a special use
permit to allow the construction of a 125 ft. telecommunications tower at the industrial property,
owned by Greg Dahlke, of Dahlke Trailer Sales, which is �� �_� '
located at 8170 Hickory Street NE. :
The Commission may recall granting this same request in
2008. That tower was not constructed and staff revoked
the 2008 special use permit last year after discussions with
the Dahlke's that Sprint no longer had an interest in their
site. Since those discussions, interest has perked again on
this site, and as a result, we have received a new special
use permit application.
The proposed facility will consist of a 125 ft. monopole � fi, ��y
telecommunication tower, with accompanying ground
,,,, ;: :.:.:;
equipment. The proposed tower and related ground equipment will be contained in a fenced in, 20 ft.
by 30 ft. leased space on the subject property. Sprint is designing this tower to allow for three additional
wireless carries.
TELECOMMUNICATION ACT'S IMPACT ON FRIDLEY
In December of 1996, the Fridley City Council established a moratorium temporarily prohibiting the
construction of new communication and antennae array. The moratorium establishment allowed the
City to take a comprehensive look at the impact of the 1996 Telecommunications Act and establish
acceptable antennae locations. With the moratorium in place, staff worked with PCS consultants to get
a clear understanding of the technology, issues, and to determine how many antennae locations would
likely be required to service the community.
As a result of the analysis, an approved site approach was approved. The City of Fridley now has a series
of approved sites for the installation of wireless telecommunication facilities. To install a
telecommunication tower in an industrially zoned area not on the "approved site" list, a special use
permit must first be obtained.
SITE DESCRIPTION
Sprint is proposing to locate the telecommunications tower at 8170 Hickory Street. The subject property
is zoned M-3, Outdoor Intensive Heavy Industrial as are all surrounding properties, with the exception of
the Burlington Northern Santa Fe railroad tracks to the west. The subject property was developed in
2003, with the construction of the existing 23,920 sq. ft. building. An addition was constructed to the
building in 2004, to allow a 14 ft. by 70 ft. paint booth.
In 2009, Mr. Dahlke went through the preliminary plat process to subdivide his property at 8170 Hickory
Street. The reason for the subdivision was to create a separate saleable parcel. The City Council
approved the final plat on April 12, 2010, however the petitioner just recently brought the plat to Anoka
County to be filed. In the meantime, the Dahlke's have had an interested buyer in the lot, which is the
northerly portion of the existing property. The interested party would like to acquire additional land
from the Dahlke's then what was originally platted. As a result, Dahlke's surveyor is in the process of
modifying the newly created lot line and that modification is before the County right now for their
review. Once the County has reviewed it, it will come back to the City Council for another final plat
review and approval, before it is filed at the County. Staff expects that all of this will take place within
the next few months.
ANALYSIS
The purpose of a special use permit is to provide the City with a reasonable degree of discretion in
determining the suitability of certain designated uses upon the general welfare, public health and safety
of the area in which it is located. The special use permit gives the City the ability to place stipulations on
the proposed use to eliminate negative impacts to surrounding properties. The City also has the right to
deny the special use permit request if impacts to surrounding properties cannot be eliminated through
stipulations.
As was stated above, the petitioner is requesting this special use permit to allow the construction of a
new telecommunications tower at 8170 Hickory Street. The subject property is zoned M-3, Outdoor
Intensive Heavy Industrial. Telecommunication towers and the installation, operation, and maintenance
of Wireless Telecommunications Facilities are allowed in the industrial districts, but only with a special
use permit.
Site Selection — Sprint's radio frequency engineers identified this site as a potential telecommunications
tower site because of coverage and capacity needs within the area. The petitioner states that this
location is ideal in meeting the city code requirements and tower height requirements necessary to
meet their signal improvement goals. When Sprint started their initial search for tower locations, they
identified the
existing T-Mobile
tower, at the Park
Construction
property at 30 g15t
Avenue, which is
the parcel just
south of the subject
property. City Code
requires that the
petitioner prove
that a new site is
necessary and that
usable "Approved
Sites" are not located within a%z mile radius of the proposed new site. The T-Mobile tower is located
approximately .25 miles from the proposed new tower site. Sprint has determined that if they located
their antennas on the T-Mobile tower, which is located on the Park Construction property, it wouldn't
provide the adequate coverage needed in the areas they're looking to serve. T-Mobile's equipment is
already at the top of the 125 ft. tower and if Sprint were to locate on this tower it would have to be at a
lower height. According to Sprint, this tower is unable to achieve the signal coverage goals due to the
antenna mounting height not being available on this tower. Other transmission line structures were also
considered but were also unable to provide the minimum height required to achieve the coverage goals.
There are two towers located beyond a%z mile of the proposed site, one which is located at Talco
Industries at 7835 Main Street, and the other is located at Northtown Mall.
While the subject property isn't on the approved site list
with the City for telecommunication towers, it is located in
an industrial district, which is allowed through a special use
permit. The telecommunications ordinance states that in
order to minimize adverse visual impacts of the tower and
related ground equipment the petitioner shall carefully
consider the design, placement, landscaping and innovative
camouflaging techniques. It also states that the tower and
equipment shall be designed to blend into the surrounding
environment. The petitioner is proposing to construct the
tower and related equipment on the northwest side of the
property, just east of the existing pond area. This is the
approximate location the City stipulated that the tower be
placed last time the special use permit was approved. It will
be placed in the rear yard and will blend in with the existing
Xcel transmission poles, so would comply with minimizing
any adverse visual impacts. The ground equipment is
proposed to be contained with a chain link fence.
RECOMMENDATIONS
City Staff recommends approval of this special use permit request as telecommunication towers are a
permitted special use in the M-3, Outdoor Intensive Heavy Industrial zoning district, subject to
stipulations.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be attached.
1. A building permit shall be obtained prior to commencement of installation of any facility
equipment on this site.
2. As an alternative to landscaping and screening the telecommunications equipment, the property
ownershall submit a landscape plan ensuring that the property meets code requirements for the
amount of trees required. If deficient, the property ownershall plant the necessary trees to be in
compliance within 6 months of issuance of this special use permit.
3. No signs other than warning or equipment information signs are permitted as part of this
application.
SPRINT / NEXTEL - WIRELESS SITE SERVICES INC.
SPECIAL USE PERMIT TECHNICAL SITE PLAN REPORT
PROPOSED DAHLKE TRAILER - SPRINT CELL SITE MS81XC420
8170 HICKORY STREET NE FRIDLEY, MN ANOKA COUNTY
Introduction
Sprint / Nextel and Wireless Site Services (WSSI) hereby submit this Technical Site Plan Report to the City of Fridley
MN. Sprint / Nextel propose to construct a wireless telecommunications facility (the "Facility") on the northwest corner of
the Dahlke Trailer property lot l, located at 8170 Hickory St. NE. The Facility is being proposed to allow Sprint/Nextel to
improve the signal coverage and wireless service capacity in this area of the City. The purpose of this Technical Site Plan
Report is to provide the City of Fridley with information concerning the need for the proposed Facility (Section 1), the site
selection process (Section 2), City code, zoning requirements (Section 3), Signal and call capacity coverage objectives
(Section 4), Site Plan drawings (Section 5), Photo's and simulations (Section 6), Standards, Specifications and Services
(Section 7).
Parcel ID: 03-30-24-13-0014 Address: 8170 Hickory St. NE. Property Owner: JoAnn M. and Elton Dahlke Trust
Zoned as: M4 Tower Height: 125' Tower Type: Monopole
Ground lease size: 20' x 30' Equipment location: Northwest corner of property
Parent Property Description: The south 844 feet of that part of the SW '/4 of the NE '/4 of Section 3-30-24, lying easterly
of the easterly right-of-way line of the railroad, except road, subject to easement of record, generally located at 8170
Hickory Street NE.
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Section 1: Site justification
In order to provide the highest quality mobile and in building signal coverage for the City of Fridley MN, Sprint/Ne�tel is
proposing a new 125' monopole tower facility at the Dahlke Trailer property, 8170 Hickory St. NE. The proposed tower
will enhance the wireless signal coverage improving in home and in building mobile device connectivity. Additionally
increasing the call and data capacity needs for this area of Fridley. Tower site capacity is define as a fixed number of calls
or data connections that can be handled at once by a single tower. When tower capacity is exceeded, blocked or dropped
calls will increase and slower data connectivity speed would be encountered. In low density rural areas towers are usually
spaced 1-2 miles apart; within dense residential and metropolitan areas towers may be only'/4 to '/2 miles apart. The
Dahlke Trailer tower site is necessary to increase wireless service availability in the northern section of Fridley,
particularly the residential area along East River Drive, north of Osborn Rd. NE, the industrial area west of N.E.
University Ave. and County Road 132, including the Springbrook Nature center. Please see the signal coverage maps
prepared by Sprint/Nextel depicting current coverage and predicted coverage from the proposed tower site with antennas
mounted at 120' above grade level ("AGL").
Section 2: Site Search Process and Selection
A target area is chosen central to the area in which the coverage and/or capacity needs have been identified. The area
targeted is the geographical location where the installation of a site would, based on general radio frequency engineering,
terrain and system design standards, be likely to address the identified area of improvement. Sprint's goal is to locate sites
that will provide seamless signal coverage and an orderly integration into the existing wireless network.
Sprint is sensitive to State and local desires to minimize the construction of new towers, and does not initiate searches in
areas with known acceptable structures. In general, Sprint first studies the area to determine whether industrial or
commercial areas or areas which have appropriate environmental and land use characteristics are present. Potential
locations are studied by radio frequency engineers to determine whether the locations will meet the technical requirements
for a site in the area. The list of potential locations is further refined based on the willingness of property owners to make
their property available. Analysis of potential environmental effects and benefits may further narrow the alternatives. In
each site search, the weight afforded to relevant factors may vary depending on the nature of the area and the availability
of potential sites.
In the quarter, half and one mile search area of Fridley MN that is the subject ofthis site search, there is one existing
tower owned by T-Mobile located approximately '/4 mile SW of the proposed Dahlke Trailer location. This tower was
carefully analyzed but was unable to achieve the signal coverage goals due to required antenna mounting height not being
availability on the tower. Other transmission line structures were also considered but were also unable to provide the
minimum height required to achieve the coverage goals. The property located on the Dahlke Trailer lot is ideal meeting
the city code and tower height requirements necessary to meet the signal improvement goals.
SECTION 3: City code, zoning requirements
The proposed Tower location meets the requirements as designated in the City of Fridley MN code Section 205.30
Section 205.30.5 USES PERMITTED (C.) Special Uses. The construction of Towers and the installation, operation, and
maintenance of Wireless Telecommunications Facilities shall be a special use in Zoning districts M-1, M-2, M-3, and M-
4, and any abutting railroad rights-of-Way Management. (Dahlke Trailer 8170 Hickory St. NE. is zoned M-4)
Section 205.30.9 TOWER HEIGHT: Tower height shall be measured from the average adjoining grade to the highest
point of construction of any Tower or Wireless Telecommunications Facilities. Towers are exempt from the maximum
height restrictions of the districts where located. Towers shall be permitted to a height of one hundred twenty-five (125)
feet. (The proposed monopole tower will be 125' including the tower structure and 5' tower top lightning rod.)
Section 205.30.15 BUILDING PERMIT REQUIRED A building permit is required for installation of any Tower or
Wireless Telecommunications Facility. The completed installation, including all associated buildings, shall comply with
all applicable building codes including but not limited to N.F.P.A. 70 National Electrical Code, EIA 222 Structural
Standards for Steel Antenna towers and others as may be determined by the Building OfficiaL (A Building permit shall
be obtained prior to commencement of the installation of the tower facility equipment on this site.)
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Section 205.30. 6 CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A
A. Whether the proposed new site is capable of being developed to support more than two operating Wireless
Telecommunications Facilities (The Tower design will support up to three additional wireless carriers)
B. Whether the proposed new site poses a risk of explosion, fire, or other danger due to its proximity to volatile,
flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other
dangerous chemicals: (The design of the proposed tower facility does not call for any flammable, explosive, or
hazardous materials)
C. Whether the proposed new site is necessary and that useable Approved Sites are not located within a one-half (1/2)
mile radius ofthe proposed new site: (The new site is necessary due to the existing T-Mobile tower located'/4 mile
SW of the proposed location does not provide the required antenna height the achieve the engineered signal
coverage.)
D. Whether all foreseeable telecommunications uses of the proposed site could comply with any separation and buffer
requirements of the underlying zoning district: (Selection of the western corner of the Dahlke Trailer property
provides the separation and buffer as recommended by the city planners on the prior Special Use Permit 2008)
E. Whether all foreseeable telecommunications uses of the proposed new site could comply with the setback requirements
of the underlying zoning district: (The tower, fence and ground equipment placement meet the setback requirements
of the city)
F. Whether the proposed site is accessible for service vehicles: (The tower facility is located in the privet parking area
of Dahlke Trailer and is accessible by service vehicles)
G. If applicable, whether the proposed site has been designed and certified by a Structural Engineer to be structurally
sound and, at minimum, in conformance with the Building and Electric Codes adopted by the City, the National Electric
Safety Code, and any other standards and requirements outlined in this Section. (The tower and foundation design is
engineered by a certified structural engineer to meet all installation requirements for antenna and
telecommunications equipment, and future installation of equipment will required a full structural analysis for
each application)
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H. If applicable, whether the Approved Site complies with all applicable Federal Aviation Administration lighting and
painting regulations. (The tower structure will be registered with the FAA, the tower structure will not exceed the
FAA 200' elevation limit requiring obstruction lighting. This Monopole tower will not have any tower lights)
L Whether the proposed site will further the City's objective that all Towers, Antenna Support Structures, and Wireless
Telecommunications Facilities be designed to blend into the surrounding environment. (The Monopole tower is being
located in proximity to existing high power transmission towers which will aid in blending into the existing
environment)
J. Whether the proposed site has adequate open space to allow Wireless Telecommunications Facilities to be installed
without detrimentally impacting landscape, displacing parking, or impeding sight lines of a current or future principal use.
(The ground facilities of the proposed site will be located in a manufacturing yard and will not detract from the
existing landscaping or create any negative impact to public parking)
K Whether the proposed site adequately contributed to the City's overall effort to adequately meet the needs of the
wireless telecommunications industry. (The proposed tower and ground equipment facility will greatly improve the
seamless in home and in building signal coverage for Sprint voice and data services and the City of Fridley
including E911 and wireless 3G data connectivity)
L. Whether the proposed site has amenities such as trees that will allow screening and sight line relie£ If no, whether the
combination of site size and other site features help to provide sight line relie£ (The tower and ground facilities are
located in the back section of this manufacturing property generally out of the public view minimizing the visual
affect of the ground equipment; the galvanized steel monopole tower will blend with the existing high power
transmission towers.)
M. Whether there are other structures near the proposed site that can serve as visual distractions such as high power
transmission structures, highway shoring, billboards. (Yes there are high power transmission structures that can serve
as visual distractions)
N. Whether there are existing buildings or natural topographic features that meet the height requirements of Wireless
Telecommunications Facilities without a tower structure, or which allow for a lower overall height of any necessary
Tower. (There are no buildings or natural topographical features that meet the engineering height requirements
for the wireless signal improvement in the area)
O. Whether there is adequate space on the proposed site so that the base of any necessary Tower can accommodate
essential equipment. (Yes, there is adequate ground space to install the tower and essential ground equipment.)
P. Whether the proposed site is outside of any underlying residential zoning districts. (Yes, the tower and ground
equipment are outside of any residential zoned districts, the property is zoned M4)
Q. Whether housed equipment can be placed on top or on the side of a structure that currently exists in the proposed site.
(The location of the tower to minimize the visual impact and take advantage of other visual distractions does not
allow for any of the ground equipment to be placed inside or on top of any existing structure.)
Summarization: The proposed Sprint Tower Facility will be located in a rear section of a manufacturing privet parking
lot adjacent to e�sting high power transmission towers that will provide visual distractions of the 125' monopole tower.
The 20' x 30' ground equipment compound will be contained within a 6' chain link fence with barb wire extensions to
discourage unauthorized entry. There will be no additional signage other than standard warning and required equipment
identification signs affixed to the site fence and equipment cabinets.
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Section 4: Signal and call capacity coverage objectives
Existing coverage (Without Dahlke Trailer proposed tower)
Predicted Signal Coverage improvement (With Dahlke Trailer Tower)
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Section 5: Site Plan drawings - Typical Monopole design
125' tower height
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requirements detailed in Section 205.30.7 A.(12)
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Section 5: Site Plan drawings — Land Survey with new lot 1
Property lines.
This is an e�ibit drawing. A certified land survey of the Dahlke property Lot 1 for the proposed cell site will be
completed and accompany the Building Permit application. The final survey is in process with coordination of the
pending property sale of northern Dahlke property Lot 2.
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Section 5: Site Plan drawings - Typical Ground design
20' X 30' site compound - Landscape
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for review and comments accompanying the Building Permit application.
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Section 6: Photds and simulations - Aerial view of the proposed tower site location
Ground equipment and tower represented in block diagram for better visibility.
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Photo-simulated site at Dahlke Trailer
Photo-simulated view of proposed monopole installation looking northwest
Photo-simulated view of proposed monopole Aerial view
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Section 7: Standards Specifcations and Services
• The tower would be designed and constructed in accordance with the American National Standards Institute
TIA/EIA-222-F "Structural Standards for Steel Antenna Towers and Antenna Support Structures".
• The Tower will be designed to accommodate the primary carrier and two additional wireless carriers making it
available for collocation opportunities.
• The FCGFAA required all towers to be illuminated over 200' tall. This tower does not exceed the 200' FAA
minimum, no side markers or top beacon lights will be required.
• The proposed site will be professionally engineered and built meeting all state and local building and electrical
codes, ICC/ANSI A117.1-2003 standards.
Services Provided by Sprint
Sprint uses CDMA technology with a 1900 MHz frequency. This applies to both their voice coverage and their EVDO 3G
data service.
• 1900 MHz PCS voice service — Providing mobile to mobile, mobile to land, land to mobile voice connectivity.
• EVDO Rev A- 3G Data service -Sprint Mobile Broadband devices that are 3G EVDO Rev A will operate at
average download speed ranges from 600-1.4 Mbps with peak rates up to 31 Mbps.
• Wireless WAN
• E911— Emergency mobile service, police, fire
• Sprint 411 — Information service
• Messaging service, Te�t, Email and Instant messaging
• Multi Media messaging service — Picture messaging
• Streaming Video
Wireless Site Services Inc.
1401 220�' St
SergeantBluffIA,51054
Todd Young — 712-899-1423
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�ffY �F
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 13, 2011
William W. Burns, City Manager
Donovan W. Abbott, Public Safety Director
Brian Weierke, Police Captain
June 9, 2011
Statement of Interest in All-Hazard Mitigation Planning
In 2006, the Anoka County Office of Emergency Management worked with the County and its
municipalities to develop a comprehensive multi jurisdictional All-Hazards Mitigation Plan. The plan
describes the most significant natural and man-made hazards that could impact Anoka County, and
identifies local projects that could be undertaken to reduce the impact of these hazards before they occur.
The countywide Hazard Mitigation Plan is required by the federal government as a prerequisite to receive
hazard mitigation grants and federal disaster assistance funding. The Hazard Mitigation Plan is important
to assist in guiding post-disaster recovery, involves multiple community stakeholders, evaluates hazards
and risks, builds support for mitigation activities and helps educate community officials and members of
the public. There is no cost to participate in this process.
In 2007, the Anoka County All-Hazard Mitigation Plan was approved by the state office of Homeland
Security and Emergency Management and the Federal Emergency Management Agency (FEMA). The
current plan is up for required review, revision and re-approval in 2012.
On January 19, 2007 the Fridley City Council formally adopted the Anoka County Multi-Jurisdictional
All-Hazards Mitigation Plan. In order to continue eligibility for FEMA hazard mitigation assistance
programs and funding, and other federal disaster assistance, local mitigation plans must be updated and
resubmitted to FEMA for approval every five years.
Approval of this resolution allows the City of Fridley to work with Anoka County to revise our hazard
mitigation plan so that it may be included in the County plan when it's reviewed in 2012. This will allow
City staff to identify future hazard mitigation projects and submit them for federal funding consideration.
This resolution is part of an ongoing planning process and is not the result of the recent tornado. It does,
however, continue our eligibility to receive federal assistance (both Public Assistance - PA - and Hazard
Mitigation Grants) such as that provided for in the current Presidential Disaster Declaration. In other
words, we are eligible for PA under the current disaster declaration because we participated with Anoka
County in the 2007 Hazard Mitigation Plan.
Staff recommends that the resolution to continue as a participant in the multi jurisdictional Anoka County
All-Hazard Mitigation Plan be approved.
Resolution No. 2011 -
A RESOLUTION AUTHORIZING THE CITY OF FRIDLEY TO PARTICIPATE IN THE
MULTI-JURISDICTIONAL ANOKA COUNTY HAZARD MITIGATION PLAN
WHEREAS, on January 22, 2007, Fridley City Council adopted the Anoka County Multi-
Jurisdictional Hazard Mitigation Plan completed on November 28, 2006; and,
WHEREAS, FEMA formally approved the Anoka County Hazard Mitigation Plan in 2007 and
requires the plan to be reviewed and updated every five years; and,
WHEREAS, the current plan is up for review and re-approval by FEMA in 2012; and,
WHEREAS, participation in the All-Hazard Mitigation Plan is a required for a community to
receive federal disaster assistance; and,
WHEREAS, approval of the All-Hazard Mitigation Plan will make the County eligible to receive
Hazard Mitigation Grant Program (HMGP) proj ect grants, including potentially some proj ects
benefitting the City of Fridley and its residents.
NOW THEREFORE, BE IT RESOLVED by the City Council for the City of Fridley,
Minnesota that as a potential participant in the Hazard Mitigation Assistance Program, the City of
Fridley, Minnesota hereby states their interest in participating in the multi jurisdictional All-
Hazard Mitigation plan by identifying hazards and prioritizing potential projects to mitigate the
effects of natural hazards.
BE IT FURTHER RESOLVED that after FEMA funding approval and during the plan
implementation, the City of Fridley, Minnesota agrees to participate in the hazard mitigation
planning process.
BE IT FURTHER RESOLVED that as signed, the City understands this is a voluntary program
and our participation may benefit our jurisdiction by identifying hazards and prioritizing projects
to mitigate the effects of natural hazards.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th
DAY OF J UNE, 2011.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
� AGENDA ITEM
� COUNCIL MEETING OF JUNE 13, 2011
� �F CLAI MS
FRIDLEY
CLAIMS
150866 - 151144
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 13, 2011
�°F LICENSES
FRIDLEI'
TYPE (�F LICENSE: ' APPLICANT: ' ' APPROVED BY: '
Tree Trimming Albig Tree Care Public Safety Dept.
Gary Albig City Clerk
7717 Orchard Ave N
Brookl n Park, NIN
All State Tree Service Public Safety Dept.
Matt L. Martin City Clerk
19328 Isetta St
East Bethel, NIN
Alpha Tree Service & Landscapes Public Safety Dept.
Chad M. Kukowski City Clerk
59797 Minnesota Street
Sebeka, MN 56477
Artic Lawn & Snow dba Wessman Public Safety Dept
Services City clerk
Allen Harms
2341 153rd Ave
Ham Lake, MN 55304
Bullseye Tree Service Public Safety Dept
Brian J. Heacock City Clerk
18519 Cleveland
Elk River, NIN
Crystal Tree & Stump Service Public Safety Dept
Charles A. Johnson City Clerk
1000 Ladyslipper LN NE
Hanover, MN
Custom Quality Tree Care Public Safety Dept.
Matthew J Krousey City Clerk
9321 Balcony Road
Swanville, MN
Custom Trees Inc Public Safety Dept.
Michael R. Mrosla City Clerk
3301 Highway 169, #247
Pl mouth, MN
Dvorak Tree Service Public Safety Dept.
James A. Dvorak City Clerk
PO Box 321
Victoria, MN
TYPE OF LICENSE: APPLICANT: APPR4VED BY:
Tree Trimming (Cont) Great Estates Yard & Tree Public Safety Dept.
Jeremy Goebel City Clerk
24282 Agram Blvd
Pierz, MN
Heartland Trees Public Safety Dept.
Peter S. Zielsdorf City Clerk
6387 80th StreetNW
Ma le Lake, MN
Integrity Tree Experts & Landscaping Public Safety Dept.
Erik R. Chisholm City Clerk
16096 233rd Street
Little Falls, MN
Living Water Tree Service Public Safety Dept.
Walt Witzke City Clerk
2605 136th Ave.
Andover, MN
Midwest Choppers LLC Public Safety Dept.
Bradley J. Athmann City Clerk
11523 Scepaniak Dr
Little Falls, MN
Midwest Tree Experts Public Safety Dept.
Michael D. Paggen City Clerk
301 3rd St SE, #7
Rice, MN
Nick's Tree Service Public Safety Dept.
Nick Arrigo City Clerk
9000 Foxline Drive
Corcoran, NIN
Olesons Tree Service Public Safety Dept.
Michael J. Zilka City Clerk
13967 113th Street
Little Falls, MN
Primate Tree Care Public Safety Dept.
Matthew J. Engelka City Clerk
6285 170th St N
Hu o, NIN
Reach Tree Service Public Safety Dept.
Shawn Jendro City Clerk
304 6th Ave SW
Little Falls, MN
Renaissance Tree Care Public Safety Dept.
Eric M Raven City Clerk
1620 Marshall ST NE
Minneapolis, MN
TYPE OF LICENSE: APPLICANT: APPR4VED BY:
Tree Trimmers (Cont) Scenic Grounds Maintenance, LLC City Clerk
Richard Price Public Safety Dept
231 97th Ave Coon Ra ids
Steve's Quality Tree Service Public Safety Dept.
Steven M Quale City Clerk
1745 191 st Ave
Oak Grove, MN
Talberg Lawn & Landscape Inc Public Safety Dept.
Mark G. Talberg City Clerk
117701 Justen Circle
Maple Grove, MN
Talberg Tree Care Public Safety Dept.
Thomas W. Rambow City Clerk
28322 139th Street
Zimmerman, MN
Tree Cuts Plus Public Safety Dept.
Randy D. Kirschbaum City Clerk
9936 290th Ave
Pierz, MN
Upper Cut Tree Services Public Safety Dept.
Andrea D. Messina City Clerk
8841 167th Lane
Forest Lake, MN
Urban Tree Care Public Safety Dept.
James C. Whelan City Clerk
4501 33rd Ave S
Minnea olis, MN
Soliciting Ask the Computer Guy, LLC Public Safety
Greg Dattilo, Owner Computer City Clerk
Technician
Best Siding Co. Inc. Public Safety Dept.
Patrick McKelvey City Clerk
1310 154th Ave
Ham Lake, MN
Patrick McKelve
Craftsman Construction Services LLC Public Safety Dept.
Stephen A. Bethel City Clerk
14543 Brant St
Ham Lake, MN
Steve A. Bethel
Tim G. McDonald
Daniel S. LaBelle
TYPE OF LICENSE: APPLICANT: APPR4VED BY:
Soliciting (Cont) D7D Exteriors Public Safety Dept.
John R. Schmidt City Clerk
15525 32nd Ave N
Plymouth, MN
John R. Schmidt Gre o A. Braun
DSS Exteriors Public Safety Dept.
James L. Dvorak City Clerk
816 9th Street SE
Minneapolis, MN
James H. Krcma
Jerem M. S olarich
Hawkins Home Service Public Safety Dept.
Steven R. Wofczak City Clerk
14674 Delft Ave W
Rosemount, MN
Gina M Kru er
Home Improvement Shop Public Safety Dept.
Craig A. Stevens City Clerk
5095 Rum River Drive
Princeton, MN
Craig Stevens
Dennis Forsyth
Luz M. Jensen
Brian P. Gea
Hometown Restoration Public Safety Dept.
Jamie M Thursten City Clerk
20690 Viking Blvd
Wyoming, MN
Heath McCoy
7amie M. Thurston
Chad A. Bateson
Hubbs Construction Inc Public Safety Dept.
Kristen M. Hubbs City Clerk
13419 Fenway Blvd N
Hugo, NIN
Kristen M. Hubbs
Robert H. Kaiser, Jr.
James R. Robertson
Intelligent Design Corp Public Safety Dept.
Christopher F. Wilkie City Clerk
10550 County Rd 81, #210
Maple Grove, MN
Francis (Fritz) W. Dahmus
Kirt Gorian
Christo her F. Wilkie
TYPE OF LICENSE: APPLICANT: APPR4VED BY:
Soliciting (cont.) Integrity Plus Home Exteriors Inc Public Safety Dept.
Lee Gerhardson City Clerk
9800 Shelard Pkwy, Suite 30B
Plymouth, MN
Lee Gerhardson
7BS Exterior Professionals LLC Public Safety Dept.
David N. Jacques City Clerk
2823 Arthur Street NE
Minneapolis, MN
David N. Jacques
Scott J. Brunell
Marshall Building & Remodeling Inc. Public Safety Dept.
Ivan Tkach City Clerk
1200 Mendelsson, #100
Golden Valley, MN
Ivan Tkach
Igor Tretyak
Alex Tkach
Steve's Quality Tree Service Public Safety Dept.
Stephen Quale City Clerk
1745 191 st Ave NW
Oak Grove, MN
Jeanne M Bentgarmicha
Robert G. True
Temporary Intoxicating Fridley Columbia Heights Rotary Public Safety Dept.
Liquor Gordon Backlund City Clerk
5805 Arthur St NE
Fridley, MN 55432
FOR FRIDLEY 49ER DAYS
FESTIVAL ON JUNE 25TH
Street Vending - Elizabeth's Ice Cream Public Safety Dept.
Ice Cream Truck Maria Eduvigucz Parks Director
7454 Taylor St NE City Clerk
Fridley, MN 55432
Residential Areas Onl
Food Establishment Grandpa's Ice Cream Community Development
Michael Simmons Fire Inspector
Public Safet
Massage Therapy Certificate Robert W Palm Public Safety Dept.
Cit Clerk
Auto Body Repair R& M Auto Body Public Safety Dept.
Ron Pilegaard Community Development
Fire De t
Simba Collision Public Safety
Pius Raini Community Development
Fire De artment
TYPE OF LICENSE: APPLICANT: APPR4VED BY:
Junk Yard Sam's Auto Parts Public Safety Dept.
Barry Travis Fire Inspector
Community Development
Building Inspector
Lawful Gambling Permit National Wild Turkey Federation City Clerk
David Meucham CEO Raffle Aug 18, Public Safety
and Dec. 3, 2011 Fridle VFW
Temporary Food License Fridley 49er Days Public Safety Dept.
Terry Rath, Treasurer Fire Dept.
4513 Main Street Community Development
Fridle 49er Da s June 23-26
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 13, 2011
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Absolute Mechanical LLC Heatin Mark Kranz Ron Julkowski, CBO
All State Construction Commercial or Steve Kragness Ron Julkowski, CBO
S ecialt
Anderson Coolin & Heatin Inc Gas Ja Anderson Ron Julkowski, CBO
Anderson Coolin & Heatin Inc Heatin Ja Anderson Ron Julkowski, CBO
Archet e Si nmakers Inc Si n Jenn Kruse Ron Julkowski, CBO
Ben�amin Franklin Plumbin Excavatin Paul Gavic Ron Julkowski, CBO
Cich 's Water & Sewer Excavatin Timoth Cich Ron Julkowski, CBO
Commercial Systems LLC Commercial or Andre Stouvenel Ron Julkowski, CBO
S ecialt
Dalco Roofin & Sheet Metal Inc Roofin Daniel Lewis Ron Julkowski, CBO
De endable Indoor Air Qualit Heatin Thomas Chounard Jr. Ron Julkowski, CBO
Genz-R an Plumbin & Heatin Heatin Renae Freinwald Ron Julkowski, CBO
G W Cook Commercial or Robert Luedtke Ron Julkowski, CBO
S ecialt
Groth Sewer and Water Excavatin La Groth Ron Julkowski, CBO
Lumen Si ns Si n Anthon Reed Ron Julkowski, CBO
McGough Construction Commercial or Tom McGough Jr. Ron Julkowski, CBO
S ecial
Minco Products Inc Commercial or David Jablowski Ron Julkowski, CBO
S ecialt
Northwest Sheetmetal Co of St Paul Heatin Rodne Albers Ron Julkowski, CBO
Prestige Builders of MN Commercial or Kirk Moleski Ron Julkowski, CBO
S ecialt
Riccar Heatin Heatin Michelle Tanfried Ron Julkowski, CBO
River Ci Sheet Metal Heatin Chris Ra Ron Julkowski, CBO
Scenic Si n Co oration Si n Erector Robert Gruber Ron Julkowski, CBO
Sedgwick Heating & Air Heating Joy Post Ron Julkowski, CBO
Conditionin
7 Metro Heating and Air Heating Paul Heisler Ron Julkowski, CBO
Conditionin
Westair Heatin Heatin Jose h L nch Ron Julkowski, CBO
Si nart Co Inc Si n Erector Kacie Berends Ron Julkowski, CBO
Timco Construction Inc Commercial or David Hatfield Ron Julkowski, CBO
S ecialt
To line Advertisin Inc Si n Erector Lori Vukelich Ron Julkowski, CBO
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 13, 2011
� �F ESTI MATE
FRIDLEY
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
Street Improvement Project ST2011-01
Estimate No. 2 .............................................................................. $ 375,212.55
�
�
CffY OF
FRIDLEI'
TO
FROM
DATE
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 13, 2011
William W. Burns, City Manager
James Kosluchar, Public Works Director
June 13, 2011
PW11-036
SUBJECT: Resolution Approving Amendment to Agreement Number 54797 with the
Minnesota Department of Transportation
In late 2009, we reviewed with the City Council the existing cost apportionment agreement
with the Minnesota Department of Transportation as part of initiating a project which
repaired the 45t" Avenue Storm Sewer Outfall. The cost apportionment agreement was the
basis with which we requested cost sharing between the City of Fridley, the City of
Columbia Heights, and MnDOT. All parties agreed that the apportionment, which was last
updated in 1978, did not reflect the most current conditions in the area served by the 45tn
Avenue Storm Sewer Outfall. Therefore, the memorandum of understanding which
apportioned these costs for the repair project directed that an updated analysis be
performed to determine the current proportionate participations.
The analysis was completed in 2010 and reviewed by the City of Columbia Heights, City of
Fridley, City of Hilltop, and Minnesota Department of Transportation. The analysis
considers the areas within each respective agency, as well as the site conditions that
contribute to runoff within these areas. The
The first step in providing for costs of repair and maintenance of the 45t" Avenue Outfall is
a supplemental amendment to Agreement Number 54797 with the Minnesota Department
of Transportation. The attached resolution directs modification of the agreement to
incorporate the proportionate participations into the existing agreement.
Staff requests that the City Council move to approve the attached Resolution
Approving Amendment to Agreement Number 54797 with the Minnesota Department
of Transportation.
JPK:jk
Attachments
RESOLUTION NO. 2011 -
RESOLUTION APPROVING AMENDMENT TO AGREEMENT NUMBER 54797 WITH
THE MINNESOTA DEPARTMENT OF TRANSPORTATION
WHEREAS The City of Fridley entered into Agreement No. 54797 with the Minnesota Highway
Department (currently the Minnesota Department of Transportation) dated November 24, 1965, which
identified cost apportionment for construction and maintenance of the storm sewer trunk system that
served areas in the City of Columbia Heights, the City of Fridley, City of Hilltop, including Minnesota
Department of Transportation (MnDOT) rights of way, and
WHEREAS The City of Fridley entered into modifications of Agreement No. 54797 to adjust cost
apportionments established by the original agreement, the most recent being dated 1978, and
WHEREAS The City of Fridley and the City of Columbia Heights entered into a Memorandum of
Understanding dated October 22, 2009, which directed analysis of current drainage conditions and
application of these drainage conditions to an updated cost allocation, and
WHEREAS The aforementioned analysis was completed and agreed to by all parties as summarized in
the attached drawing, and
NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, approves an
amendment to Agreement No. 54797 dated November 24, 1965, between the City of Fridley and the
Minnesota Department of Transportation as previously amended, to include the updated cost
participations for construction and maintenance of the 45t'' Avenue Storm Sewer Outfall as follows:
Proportionate
Agency Participation
City of Columbia Heights 62.89%
City of Fridley 29.94%
City of Hilltop 4.02%
MnDOT 3.15%
PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13t'' DAY
of JUNE, 2011.
ATTESTED
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
EXHIBIT B
:�C��I3 '.'!�.°.,c.Iti''`.-� i111Nlti1�5UTA iiIGH��[�Y DEP�h'TL'!E'.•?T
SUP�?Z.��1E2vt?�L AGP.�F�iE�T
Suppl�Y:ne�;fi ivo. 2 �.o
AgreemenL iIo. 547�7 between
ihe State of �iir.�esota
Dep«r�:taen� pf iii ;hwa�s, and
The Cit�7 0£ hridtev, Minnesota
Re: Reduced S�a*_e ��os� D'3T�iCZ�:�ti�n
in 45th Ave. Jut�uil System con�.
strucr_ed by the City of Fri�iey
�
��'°iE�:L'�i�hrr �rQ
AGREF.2�IENT r�o.
54797
S.P. 0205«•1� (T.'ri. 47=156)
�.�10UN1' ENGIT�IB e
(None)
A�I i T. RECEI�,'ABLE
$8,035.25
THIS SUPPLg�iEN1:�L AGR��4EIvT nads ana entered inta by an� bettireen �h� S�a�e of
Minneso*a, Departrae=�t of Highways, hereir!after referred to as rhe "Stata" and
the Cft;� c�f Frid2ey, Minnesata, actir►g by and thraugh its Cit� Council, �!erein�
after refe�red to as the "Gity".
WITNESSETH:
GJHERE3S the 5�ate and t� e City rrid eaCer ir�to an agreament c�ated iiav�mbar 24, 1565,
and desfgna��d as C�oreese:�� IIo. 547�7, providi.n� f�r the Ci�y to cons�.ruct under
contra�t a stiar� sewer system designate� as "St.orm Sewer Imprava�aent Projec� N�� ll"
�ahich included r_ooperati�re jcin��e±se stflrw s�aer mainTine a�d outfall lirae raciii��
Ciess and also provi.ding gor �aylnez7t by t:�e State to the Cit�r of the St�r,��s pro�
portionate cost share o£ sai� coo�erati�re jeint�use storm se�aer faciLicies which
in addition to accc�mma�atina stoa-e� wa��r dr.air�a�;e £rom arcas of Whe Ci ty ��►d L:he
.��
54797m2
0
City of Columbia Heights will also acconuaodate storm water drainage from Trunk High-
way No. 47 right of way. The City and the City of Coltnmbia Heights did enter into
a separate agreement whereby Columbia Heights agreed to pay the City a proportionate
share of the cost of constructing certain joint�use storm sewer facilities under
said City's Project Noe 12 incluciing those facilities participated in by the State.
Also, the City and the State did thereafter enter into a supplement ta said Agree�
ment No. 54797, designated as Supplement No. 1 and dated Maq 16, 1966, providing far
the City to construct, under Change Order No. 1 to its conCract for said Storm Sewer
Improvement Project No. 12, a portion of storrn sewer crossing Trunk Highway No. 47
and connecting City af Columbia Heights storm sewer facilities with the 44th Avenue
Northeast storm sewer Lateral constructed under the aforesaid Ci.ty�s Project No.
12, and in addition, providzng for payment by the State to �e City of the State�s
propo�tionate share of said trunk highway crossing stor� sewer connector; and
WHEREAS.,subsequent to the �ompletion of the aforesaid city contract construction of
cooperative joint-use storm sewer facilities including those constructed under Chang2
Order No. 1 and after, payment by the State of its full and complete share thsreof,
the City requested the State�s perrnission, as required in Article IX of said Agree�
ment No. 547g7, to outlet storm water drainage fra�,n a Burlington ?:orthern freight
yard located jointly in th� City and the City of Columbia Hei;hts into the i.nolace
45th Avenue Northeast storm sewer autfall line c�nstructed under the aforesaid city
contract as a cooperative joint�use stor:n sewer facility. Said freight yard drairiage
area was not included in the total area useci in computi.ng the canstruction cost
pa=ticipation percentages of the State, the CiCy and the City of Columbia Heights
for. said outfall line; and
- 2-
�
54797�2
WfiEREAS the State having determined that said storm sewer ouCfal2 line is of suf-
ficient size anci capaciry to very adequate2y accomrnodate any and all additional
storm water drainage discharged therein from the said freight yard area, the State
is agreeable to freight yard storm water drainage being discharged into the coopera-
tive jofnt-use stonn sewer outfali line constructed by the City and participated in
bq the State under the terms and condi�ions of said Agreement No. 54797 in considera-
tion of the City ref.unding the State, as herei.nafCer set torth, an a�ounC equal to
the difference bet�aeen the ar�ount paid by the State to the City as the State�s pro-
portionate share of the cost of constructing said outfall line facility, which share
was based oa a State cost participa�ion percentage corn�uted using a total drainage
area not including the said freighC yard area, and a revised state cost share anaunt
hased on the current value of the outfall line facility and a State cost participa-
tion percentage computed using a total drainage area which includes said freight yard
area.
ZT IS� THEREFORE� MUTUALLY AGREED AS FOLLOTrTS:
ARTICLE I-• AME*iDMENT TO AG�.i^�"�iEPdT NOa 54797
The agreement between �he City and the SCate dateci 2lovember 24, 1965, and designated
A.greement No. 54797 as amended and rnodified by a supplemenCal agreement dated May 16,
1966, and designated as Supplement No. 1 is her.eby amendad and modifed by the addi-
tion o£ the two following provisions:
PROVISION N0. I
The State does hereby give permission ta the City to discharge into the cooperative
jointause starm sewer outfall line canstructed by the Ci�y u:�der its Storm Sewer
-3«
� ,�,,..,...�.m�.,,�..�,�.....,�,,,,.,_..,.._...._..�.._.. ..T __ __._._____ _ _. ._ ----- _
54797�2
�
Improvement Project No. I2 casmvencing at Manhaie No. 21 and extending westerly to
the outlet into the Mississippf River the storm water drainage fram the BurZington
Northern, Inc. f=eight yard located jointiv withi.n the corporate limits of the City
and the City of Col:imbia Heights in an area betw'een Main Street Diortheast and the
East River Raad.
PROVI SI ON *i0. 2
Upon full execution ot this supplementa2 agreement and invoicing by the State, the
City shall refund to the State the amount af �8,035.25 fro:n the manies paid by the
State to the City, as the State�s share of the City's construction under its Storm
Sewer Improve*.nent Project No. 12 of that portion oi the 45th Avenue Nortizeast exten�
sion storm sewer outfall line co�nencing with Manhole Ne. 21 and extending westerly
to the outlet at the riississfppi River, in accordance with the terrns and conditions
s�t forth in said Aoreement No. 54747. Said refund is a corsequence o€ increased
discharges contributed by the City and the City of Coltuabia Heights due to Che added
Burlington Horthern, Inc. freight yard drainage area and the discharge contributed
by the State remaining unchanged as shown below.
(a) Original calculaticn based an the ratio of discharges contributed from drainage
areas none of which included the Burlington Northern, Inc. freight yard area.
Prr�porti.anate
A�enc� Dischar�e Participation
ColumSia Heights
Highway Department
FYidley
Totals
321.3 CFS
52. S ,
82.3
456.1 Cr^S
o�
70. 4°,6
1i.6
18.0
100. 0%
.
54797e2
(b) Revised calculation based on the ratio of discharges contributed fra*n drainage
areas increased f�;. the City and the City af �olumbia Heights by ti:e addition of the
BurlingCOn Northern, Inc. frei�ht yard areaa Area contributing to State discharge
unchanged.
A�ency
Columbia Heights
Highway Department
Fridley
Totals
Dischar�e
358.3 CFS
52. 5
128.0
538.8 CFS
Proportionate
Partici�ation
66. 5�
9.7
23.8
100.0%
The method of determining the current v�lue af the aforesaid portion of storm sewer
ovtfall line pl�ss the calculations used in determining the above refund a�ount are
shown on the attached sheet m�r•ked EXHIBIT "A�� which is mad� a nart hereof by
referenceo
f, '
ARTIGLE II � �GREE2�EI� N0. 54i97 �
Except as amex►ded and madified herein, the terms and conditia�s of said A�reement
I3o. 54797 dated N�vember 24, 1965, as amended and modified by Stigpl�aen� Noo 1 there-
to dated May 16, 1966, shall remain in full farce a:�d effect.
ARTTCLE ZII � APpROVAL
Before this supplanental a�reement sha11 became binding and effectiv�, it sh�Il be
appravad by resolutian of the City Council of 'the Ci�y and shalZ also receive the
approval of such State officers as the law may provide in addition� to the Cowmission�r
of Highways or his duly authorized repre$entative.
a5-
i..-t,._,
�...__
-... .,,. ,r�,.,,�n �. -�,.:._ .�.. ..�.�,,,,,�,- ,..
54797�2
IN TESTILiONY :tH�REbF t1�e parties have duly executed this agreement bq their dulp
authorfzed office�s ar.d caused their respective seals to be hereunto affixed.
(City
Sea1)
DEPART'�1E;�°r OF HIGHT+?AYS
.....m._.__..
s
Reca�nended �or agproval:
�-- / "
Byv��j. � ' e. r�-z�2er'�-L--
FG,p Roac� Design Engineer
` ,' �j >
3�y l._` � � /,/.%i$�.[ ~J .�(/i
�,District Ez�ineer
�
By � J �
i Directcr � Design and
Right o� Way Division
Approved as to form and executfont
By_�%;��'-zq�,� � � -�'�--.''
Special Assi�tant attarnep General
�
��L
",`.._..
CITY OF FRIDLEY
sy ���.�if.�'��-- r���'�--
May
Date �'' � 5'%
B9 < � .
City t•ianager
Date S 1 �1- 'i � �,,,,,�,,,
STATE OF MINNESOTA
__�..�
Bq r�„__,_.�=%i�^;..�:��� .C: � �, �t..f_-C.,�--C
Dep�4ty Conanissioner of Highways
t�
Date /� � � --<"�`�
Date of Agreement)
Approved:
Departtnent af Administration
�Y �_ i " ` �.�-�'�''c'� - -
(Authorized Signatuze)
DaGe � �-` � " $�
��!������� ;�;
���� ���� �� ������
r F�
7'i�_?•a ..
E?ji ��-Y 5 �'' e,i1
/7 �
Da te� ___�_L��` �- /_ �-�� � l I
_,�..._n.,�R„-.a,r„�.,a-.,.>, ,.:.���..x ,.,r:-.��:.�m,.��._.: --
e
�
STATE OF MINNE50TA )
courrrY a� Arra� ) S S •
CITY OF FRIDLEY )
I, the undersigned, being the duly qualified and acting City Cle=k
of the City of Frid:ley, Min.nesota, do hereby certify that I have
carefully campared the attached and foregoing extract of the minutes
of a regular meeting of said Council held .
May 15, 1978 , wi.th the original thereof
on fiZe in my office, a nd the same is a full, true, and complete
transcript therefrom insofar as the same relates to:
RESOLUTION N0. 40-1978
0
WITNESS tiy hand as City Clerk of the City of Fridley and the seal
of the City this 16th day of May, 197$ ,
/' '?,�.y u�.. � �
MARVIN Ca BRUNSELL
City Clerk of the City of Fridley
(S�) /% : /
By : ,/�c t. '�-t : � f _ 'a�..--C�
Shirley A. H.�apala, Deputy;r ity Clerk
�%
Form 2123 2A '
CITY OF FRIDLEY ,
RFSOLUTICN No. 40-1978
54797�2
BE IT RESOZVED that the City enter into an a.greemer�t with the State oi
Minnesota, Departnent cf Highways sor the �ollov��ing purposes, to-wit: to
supplement Agree:nent No. 54797 dated November 24, 1965, betwaen the City
of Fridle� and the riinnesota s�epar�aent of Highvrays and provide for the
City to refund to the Sta�e �he amaun� of �8g035.25 as a consectuence of
the increased nischaroe of storm wa�ers into a cooperatively £unded (State'
Fridley and Columbia Hei;hts) storm sewe= outfall line �onstructed by the
City of Fridley j•rhich i.ncreased discharge is contributed by the City of
Fridley and the City of Colurabia Heights due to the acided Burlington
Northern' Inc. freight yard drainage area. ------- - -- -=--- ---
Ci�y Manager
-u-- BE IT FURTHER RESOT,VID that the LZayor and ��k�be a.nd they hereby are
authorized to execute such agreemcnt. (Supplezaent No. 2 to Agreement
No. 54797) .
Adopted by the Cifiy Council of the= �C�.ty�_of._ Fridley This 15th
Day of May , 1978. ---.
__ At�test• - William J. Nee, Mayor
City Clerk, Marvin CERTIFTCATTON ----��--
C. Br.unsell
State oi �tinnesota
C Gunty of. Anoka _ __ . _ .
City of �ri dle� _ - _ - _ . - -
I hereby cer��.�'y that the ioregoing Resoluticn is a true and cor.rect copy
of the resolution p.resented to and ac�apted 'r,y~-tne Gouncil of. tne City cf
F����, at a cluly autherized meeting thexeo�' held
on the 15rh d�Y �� Ma�,.. 19___Z$__�
as shown by the minutes of said meeting i.n my°possessian.
� 1/I
�/' r?/J :l. : �� ���(/�--�/�'�
�_
City Clerk
,/��,( �� `' �j ��i �'t ,t�!�., .�lc_.
B y : , __ _.�— - ' -
Shirley A.;Haapala, Dep�aty Ci� 'ty Clerk
�
�
L� S�pplement Ho. 2 to
• lt�creement Noo 54797 '
, FJ�EiIFIT rrAe�
Original Ca�n�ractorts Cost $313,156.00-
� 17I.5
8eplacement Cost (6/17/71) �313,158.O�J x 126.2 = $425,567.32�
(Based on Replacement Index Figures Publisheci bq
Emtirormental Protection Agency for 1966 and April 1971)
Depreczation (6/I7/71) $425,561.32 x 1.25% x 5=$26,597.96�
(At 1.25% per annus)
Gnz'rent Value (�425,56Z.32 � $26,597.96) _ $398f9b9o36�
- Originai State cost participation percentage
, as set farth in Agreement No. 5�797•��-d•••���--@-��11.6°�
Revised State cost participation percentage as
� detersffined by M.H.D. Hydraulics Unit•-�---�-�-�-9.7%
Percentage reduction in State cost participation-�-�---l.g°�
Amount of reduction in 5tate�s construction cost
share <current vaiue $398,969.36 x i.9%) �7,580.4�2•
P3us 6� constructfon engineering cost share � 3°
Total Amount of Refund to r.iie State $8,035.25•
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CffY OF
FRIDLEI'
TO
FROM
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 13, 2011
Wlliam W. Burns, City Manager
James P. Kosluchar, Public Works Director
June 13, 2011
PW11-037
SUBJECT: Receive Plans and Call for Bids, Water Treatment Plant No. 3 Filter and Chemical
Feed Improvements Project Number No. 405
The City of Fridley is proposing to move forward with a project providing replacement of select
items at Water Treatment Plant No. 3 located on Highway 65. This project is a typical repair and
maintenance project for a facility that has been in service for many years, and includes 1)
replacement of the original filter media, support gravels and air wash grids inside the two pressure
filter vessels and 2) replacement of the original chemical feed equipment.
In 1996-97, the City of Fridley began constructed Water Treatment Plant No. 3, which provides
treatment to the City's Well No. 12. The plant utilizes chemical oxidation and pressure filtration to
remove iron and manganese from raw well water before it enters the City's distribution system.
Fluoride and chlorine are fed as the water leaves the plant for the prevention of tooth decay and to
provide residual disinfection.
Water Treatment Plant No. 3 utilizes two pressure vessels for filtration. Each vessel measures 40
feet long by 10 feet in diameter and is divided into four compartments or cells. Filter media installed
in each cell sits upon supporting gravels. An airwash system is provided to clean filter media
between filtration cycles.
Inspection of the filters in January of 2010 by utility staff found considerable amount of inedia loss
in the westerly two cells of each vessel, and the filter airwash piping in the filter cells was found to
be broken in several locations. The broken air wash grid appears to have created an uneven
distribution of air across the surface of the cells during backwash which has prevented cleaning of
the filter media, and resulting in the permanent deposition of iron and manganese on the filter
media in certain cells. In some areas, the airwash system has provided too much airflow, which
has washed media out of these respective cells.
This situation will not correct itself and the filter media and air wash grid systems need to be
removed and reconstructed to provide proper operation of the filtration system. At the same time
the filter work occurs, the City plans to replace the chemical feed equipment which has now
reached the end of its useful life. Finally, during an inspection this past January, Utility staff
discovered the floor of the backwash tank had been coated as part of the original construction
project with epoxy paint that is now chipping off. The loose material needs to be removed so that
the plant's solids collection system does not become plugged. The City plans to remove the failed
paint coating as part of the proposed filter rehabilitation and chemical feed replacement project.
The City is proposing to complete construction during the lower demand periods which occur
between September and December 2011. The proposed project schedule includes a bid opening
on July 18, with an award by the City Council in late July. Construction on this project would begin
in late August, and be completed by the end of 2011. We are requesting bid authorization and
opening well prior to the construction start date, as filter media supplies typically lag many weeks
behind orders.
The project plans and specifications have been prepared by Short, Elliot, and Hendrickson (SEH),
and they are complete with the exception of our final review comments. The project has a
$300,000 budget allocation in 2011. Construction is currently estimated at $307,000. Staff is
working with the design engineer to try and bring the project estimate within budget.
Staff requests that the City Council move to receive plans and specifications and call for bids
for the Water Treatment Plant No. 3 Filter and Chemical Feed Improvements, City of Fridley
Project Number No. 405.
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FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2011
'`
G1YOF
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 572-3500. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
��% PROVAL OF PROPOSED CONSENT AGENDA:
W BUSINESS CONTINUED :
4 Special Use Permit Request, SP #11-01, by
PRESENTATION: Introduction of New Firefighters Wireless Site Services for Sprint/Nextel;
'49er Days (June 23-25, 2011)
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES: � 5�
'� ��
City Council Meeting of May 23, 2011 � n�
h�,�
�
OLD BUSINESS:
Second Reading of an Ordinance Amending
Chapter 128 of the Fridley City Code
Pertaining to Abatement of Exterior
Public Nuisances (Text Amendment,
TA#11-06) .................................. 1 - 3
�
NEW BUSINESS:
2. Receive the Minutes from the Planning
Commission Meeting of May 18,
2011 ............................................... 4 - 10
7
��
3. Resolution Approving a Plat, P.S. #09-04,
Dahlke Industrial Park by Greg Dahlke,
and
Resolution Approving Special Use Permit,
SP #11-01, for Wireless Site Services, Inc.,
on Behalf of Sprint/Nextel, to Allow the
Construction of a Telecommunications
Tower and Accompanying Ground Equipment
to be Installed on an Industrial Piece of Property
Located at 8170 Hickory Street N.E., Owned by
Greg Dahlke (Ward 3)��;�y �7 35
�°�rY'�2 � f (�J/� S�%
Resolution Authorizing the City of Fridley to
Pa�ticipate in the Multi-Jurisdictional Anoka
County Hazard Mitigation Plan ....... 36 - 37
Claims
Licenses
for the Purpose of Creating Two Industrial
Lots, Generally Located at 8170 Hickory 8. Estimate
StreetN.E . ...................................... 11 -16
C�c.�-�--� `�`--
�� 16s��s�"
38-59
.� ..
..... 67
FRI
IL M
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ADOPTION OF AGENDA: �'" l �j �
�l � �s��
��,1,
.
OPEN FORUM. VISITORS: Consideration of ite s
not on Agenda -15 minutes. � � � �
NEW BUSINESS:
9. Resolution Approving Amendment to ��U � L�_
Agreement Number 54797 with the �
Minnesota Department of Transportation
(45th Avenue Storm Sewer Outfall) 68 - 80
�s �� � %-s�-
10. Receive Plans and Call for Bids for
Water Treatment Plant No. 3 Filter and
Chemical Feed Improvements Project
No. 405 ........................................... 81 - 82
11. Informal Status Reports ...........
ADJOURN. � '� (� �
2 � 1 ��
83
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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JUNE 13, 2011
7:30 p.m. — City Council Chambers
Attendance Sheet
Please �rint name. address and item number you are interested in.
Prir�t Name (Glearlp) Address - Item No.
Oc� ��' o �o +G' S .�- 6 � �
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