10/10/2011 - 6542�
� CITY COUNCIL MEETING OF OCTOBER 10, 2011
CRY OF
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.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of September 12, 2011
City Council Meeting of September 19, 2011
NEW BUSINESS:
Resolution Confirming the Statutory Level of
Tort Limits _
........................................................................................................ 1 2
2. Motion to Approve the Fiscal Year 2012 Budget
for Twin Cities Gateway _
................................................................................ 3 5
3. Resolution Designating Time and Number of
Council Meetings for 2012 _
............................................................................... 6 8
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10, 2011 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Approve 2012 Development Review Schedule
for the Planning Commission and the Appeals
Commission -
..................................................................................................... 9 15
5. Claims (152363 — 152633) .............................................................................. 16 - 36
6. Licenses .......................................................................................................... 37 - 43
ADOPTION OF AGENDA.
OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARINGS:
7. Consider Repealing Chapter 510 of the Fridley
City Code Entitled "Tree Preservation" 44 - 49
............................................................
8. Consider Proposed Assessment for 2010 Street
Improvement Project No. ST. 2010-1A 50 - 53
............................................................
OLD BUSINESS:
9. Second Reading of an Ordinance Amending
Fridley City Code, Chapter 206, Building Code,
Section 206.07, Contractor's Licenses, to Include
Sanitary Sewer Service Cleaners .................................................................... 54 - 56
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 3
NEW BUSINESS:
10. Resolution Adopting the Assessment for 2010
Street Improvement Project No. ST. 2010-1A ................................................. 57 - 62
11. Special Use Permit Request, SP #11-02, by
Schmidt Osborne, LLC, to Allow Limited
Outdoor Storage, Generally Located at
7580 Commerce Lane N.E. (Ward 3)
and
Resolution Approving Special Use Permit,
SP #11-02 for Schmidt Osborne, LLC,
7580 Commerce Lane N.E . ............................................................................ 63 - 69
12. Resolution Revoking Special Use Permits,
SP #95-05 and SP #04-05, Permitting a Garden
Center at Home Depot, Generally Located at
5650 Main Street N.E. (Ward 3) ..................................................................... 70 - 82
13. Approve Change Order No. 2 for Street
Rehabilitation Project No. ST. 2009-02 ........................................................... 83 - 85
14. Approve Change Order No. 1 for Street�
Rehabilitation Project No. ST. 2011-01 ........................................................... 86 - 88
15. Informal Status Reports ................................................................................... 89
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
SEPTEMBER 19, 2011
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saeflce
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Jim Kosluchar, Public Works Director
Scott Hickok, Community Development Director
Darin Nelson, Finance Director
Greg Kottsick, Public Works Sewer Division Supervisor
Toni Craft, Director of Community Education for Fridley Schools
Sue Davis, AFS
Jose Maldonado, AFS Student
Terry Overacker; City Plumbing Inspector
PROCLAMATION:
Student Foreign Exchange Week: September 19-25
Domestic Violence Awareness Month: October, 2011
PRESENTATION:
Smoke-Free Parks
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Resolution Approving the Temporary Closure of Roadways for a Day in Each of the
Following Locations: Locke Lake Road, East of East River Road; and Glencoe Street,
West of East River Road (Ward 3).
William Burns, City Manager, said staff is requesting Council's approval of the following
temporary roadway closures on September 20, 2011, at 6:00 p.m. Locke Lake Road at East River
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 2
Road; and September 27, 2011, at 6:00 p.m. Glencoe Street at East River Road. This will
provide space for East River Road Corridor study meetings with area neighborhoods. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-41.
2. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for the Street Improvement Project No. ST. 2011-01.
William Burns, City Manager, said the total project costs are $607,740. Of this amount, staff
proposes to assess $380,062 to benefiting property owners over 10 years at a 5.25% interest rate.
The resolution directs the City's Finance Director to prepare the costs for the 169 properties
included in the project area. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-42.
3. Resolution directing Publication of the Hearing on the Proposed Assessment for the
Street Improvement Project No. ST. 2011-01.
William Burns, City Manager, said the hearing notice will be published in the October 6 edition
of the Sun Focus. The hearing is scheduled for October 24, 2011, at 7:30 p.m. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-43.
4. Resolution Directing Preparation of the Assessment Roll for the 2011 Nuisance
Abatement.
William Burns, City Manager, said alt ogether, staff is proposing to assess $34,591.10 for
delinquent nuisance abatement charges to thirty-five properties. The charges will be assessed for
one year at the rate of 6.5% interest. The resolution directs the Finance Director to prepaxe the
assessment rol l. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-44.
5. Resolution directing Publication of the Hearing on the Proposed Assessment Roll for
the 2011 Nuisance Abatement
William Burns, City Manager, said if the resolution is approved, the notice will appear in the
October 6 edition of the Sun Focus. Staff has scheduled the public hearing for October 24, 2011,
at 7:30 p.m. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-45.
6. Approve Revised Cooperative Agreement between the City of Minneapolis and City of
Fridley Regarding Bicycle Parking Project
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19. 2011 PAGE 3
William Burns, City Manager, said in April, Council approved a resolution that enabled Fridley
to participate in a Transit for Livable Communities (TLC) grant program. The grant money is
being used to fund bicycle racks in selected metro cities. The City of Minneapolis subsequently
approved the agreement with only minor changes, including one that allows them to use any
racks that are unused by Fridley. Under this agreement Minneapolis will purchase 51 bicycle
racks for use in Fridley and the City will install them. Staff recommends Council's approval.
APPROVED.
7. Appointment - Senior Appraiser.
William Burns, City Manager, said after recruitment and careful review of several applicants for
the City's Senior Appraiser position, staff recommends the appointment of Shawn Halligan to
replace Lynn Krachmer, who resigned earlier this year. Shawn has most recently been employed
by the Anoka County Assessor's Office and enjoys very strong recommendations from his
former employer. If his appointment is approved, Shawn will begin on October 3, 2011, at the
rate of $23.43 per hour. Staff recommends Council's approval.
APPROVED.
8. Claims (152285 —152360).
APPROVED.
9. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
10. Estimates.
Veit & Co.
1400 Veit Place
Rogers, MN 55374
2011 Sanitary sewer Lining Project No. 400 Estimate No. 1 ......... ......... $56,260.90
Valley Paving, Inc.
8800 — 13`� Avenue N.E.
Shakopee, MN 55379
2010 Street Rehabilitation Project No. ST2010-01 Final Estimate...... ...... $86,432.61
APPROVED.
APPROVAL OF CONSENT AGENDA
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19 2011 PAGE 4
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.
APPROVAL OF AGENDA:
MOTION by Councilmember Bolkcom to approve the Agenda. Seconded by Councilmember
Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Toni Craft, Director of Community Education for Fridley Schools, said each year Community
Education presents a lifelong learning award. The Community Education Advisory Council goes
through the nominations and chooses a winner. This year they have chosen to honor a
community member who supports lifelong learning and the 2011 winner is Councilmember Jim
Saeflce.
Ms. Craft said over the past few years, Councilmember Saeflce has given many hours to the City
Council but is known as the "Rocking Grandpa" with the Fridley infant care team. He
volunteers every morning Monday through Friday, 10 hours a week. He is a positive male role
model and helps to ensure parents will complete their education.
Councilmember Bolkcom announced that on October 8 and 9, the Banfill-Locke Center will be
having an open house. There will be art, games and music. It will be held from 12:00 to 4:00
p.m. and admission is free. On both days, there will be a drawing for an oil or watercolor print
from a past exhibit.
11. First Reading of an Ordinance Amending Fridley city Code, Chapter 206, Building
Code, Section 206-07, Contractor's Licenses, to Include Sanitary Sewer Service
Cleaners.
Jim Kosluchar, Public Works Director, said the Sewer Supervisor indicated there have been
several cases in 2010 where contractors had partially blocked sanitary sewer mains during their
service cleaning operations. A licensing process would protect residents by identifying
procedures that sewer cleaners need to follow. Sanitary sewer contractor licensure would lay
out procedures for the notification of the City when services are cleared, avoiding the potential
for main backup, providing communication to the resident including important City policies, and
making sure contractors have adequate insurance.
Mr. Kosluchar said staff is proposing to change Chapter 206 of the Fridley City Code. A public
hearing was held on September 12, 2011. The first reading of the ordinance will be held this
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19 2011 PAGE 5
evening. The second reading of the ordinance is scheduled for October 10. If approved, the
ordinance will go into effect on January 1, 2012.
Mr. Kosluchar said the contractor will apply for an annual license with a nominal fee of $35.00.
The draft application form developed includes a Contractor's Liability and Workmen's
Compensation Insurance certificates, background check, and agreement from the contractor to
dissemination of information provided, and to notify the City of Fridley when cleaning is
performed. The application requirements are not all stipulated by the ordinance.
Mr. Kosluchar said the City would like contractors to have adequate insurances including
Workmen's Compensation in accordance with State law. In the event there is a problem created
by the contractor that might affect a City main, the contractor's liability insurance will keep the
City from paying for a contractor's mistakes.
Mr. Kosluchar said the City would require the contractor to provide information to owners that
informs them of policies of the City and what their responsibilities are. Many owners do not deal
with these issues frequently. It is important in these cases for the owner to know that the City
can be a resource for them through the process, especially when they deal with unforeseen
circumstances. The City would require the contractor to notify the City when cleaning is to be
performed. This is to allow the City to ensure the main is clear. This may save the owner from
paying for cleaning of their service when it is unwarranted, and avoid backup of the main when
cleaning is performed.
Mr. Kosluchar noted as pointed out at the public hearing on September 12, these criteria have
never been requested in writing for contractors, but some have been requested verbally. If
conformance was completely voluntary, there would be no recourse in the event a contractor did
not comply, and no means of determining compliance on insurances. Staff recommends
Council's approval.
Councilmember Bolkcom asked for clarification if staff was recommending a background
check.
Mr. Kosluchar answered yes, but it is not part of the ordinance.
Councilmember Bolkcom said that the background check is recommended but it is voluntary
and optional.
Mr. Kosluchar said that on the form it says it is a voluntary piece of the application.
Councilmember Bolkcom asked how many complaints the City has each year.
Mr. Kosluchar said in 2010, there were six near misses when the contractor was done cleaning
and the City cleaned up afterwards.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19 2011 PAGE 6
Terry Overacker,City Plumbing Inspector, said in August, 2011, Veit contractors removed a
20' section of snake between Chanel Road and Central Avenue and an 8' sewer cleaning cable
was also removed from another area.
Councilmember Bolkcom asked if a homeowner could do it themselves by renting a
commercial snake.
Mr. Overacker answered yes. It is difficult though to figure out who did it.
Councilmember Bolkcom said homeowners could call someone in for an emergency and may
or may not call the City so this does not necessarily cure all the problems.
Mr. Overacker said they cannot prevent the homeowner from doing their own work.
Councilmember Bolkcom added the homeowner can do the same damage as a contactor can.
Mr. Overacker said if 2-3 backup problems can be prevented, the City is way ahead. Backups
are time consuming and expensive for all those involved. A plumber could work on a problem
for several hours and then a decision is made to call the City and the City could fix it
immediately. In some instances, this could save thousands of dollars.
Mr. Overacker said he has been working 23 years with the City and estimates that in 1 out of 5
backups in main lines, the plumber was called first and many times it is cleared out before the
City is called. This leaves the homeowner responsible for the cleaning bill. Sometimes the
plumber is called first and the plumber says to call the City. Time is of essence with backups. A
license requirement is a win-win for everyone involved.
Councilmember Bolkcom does not disagree, but it seems that something could be done verbally
first. A written notice could be sent to plumbers and sewer cleaners f rst before making an
ordinance. Requiring a license will not make this go away and plumbers are already licensed.
She would rather try to educate plumbers before adding another license requirement.
Mr. Kosluchar agreed that there is probably a way to notify contractors of what we want more
formally to obtain compliance. The concern is new contractors that may not be aware of the
requirements. The other factor to consider is if contractors are going to take the time to educate
staff. Establishing a licensure will be a method to maintain compliance. Council holds the
authority to enforce whether a license can be maintained and they can work in Fridley.
Councilmember Bolkcom asked if Council could impact a license.
Fritz Knaak, City Attorney, said Council can have a lot of say on the license unless something
would require a lower amount of regulation that would preempt you from doing this.
Councilmember Bolkcom said sewer contractors do not currently need a license in the State of
Minnesota.
Attorney Knaak said that is correct.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19 2011 PAGE 7
Mr. Overacker said most of the plumbers in Fridley are licensed contractors by the State, but
there are a lot of contractors that are not and do it on the side. We are not trying to catch anyone
or penalize anyone; we just want to get a notification for residents to call the City first.
Councilmember Bolkcom asked if the City could require a plumber, licensed by the State, to
get a license through the City also and hold them to conduct of certain criteria that they would
not be held accountable for by the State of Minnesota.
Attorney Knaak said there would be issues if this is something the State has preempted.
Plumbers have exclusive authority to deal with sewer clean up; everything you do is preempted
by the State. The City wants to be protected by making sure everyone is licensed. This is same
as heating contractors for instance. You want them to pull a license because you want them to
do the work. There are no additional restrictions on plumbers but this may cause restrictions on
those who do not have a license. The core of this is to make sure the license is out there. This is
not inconsistent and does not preempt state law.
Councilmember Bolkcom asked if this were true because it says sanitary sewer service cleaners
and not plumbers.
Attorney Knaak said that plumbers are also doing this work. You are licensing this work and
trying to get to a group of people outside of plumbers that you are not aware of.
Councilmember Bolkcom asked how much of this situation is just educating the homeowner.
This is not going to stop a homeowner who contracts someone themselves. There are countless
businesses that do sanitary sewer cleaning.
Councilmember Saefke said that a licensure is a form of education. All these people cleaning
out sewers may not know the policy in Fridley. When they come into get a licensure they will be
given a packet. A nominal fee of $35 per year is charged and we should think of this as an
educational packet.
Councilmember Bolkcom said she is not objecting to the fee; there are other ways to get around
this. This will not solve all the problems as people will still do the work and never pull a permit.
Councilmember Saefke said the City has sent out magnets and other information to residents
with the number to call, even after hours, if homeowners have sewer problems. People should
know that if the water is rising and you are not using any water, there is a problem in the main
line and you should call the City. If the water is not rising, there is no emergency because the
homeowner has control over how fast the water rises. In this situation, the homeowner has time
to call the City and a contractor if needed.
Greg Kottsick, Sewer Division Supervisor, said there will be an annual fee of $35 for an
educational packet. The contractor should ask the homeowner if they called the City of Fridley
to check if the main line is clear. After the City is called, then the homeowner should call the
cleaner back to clear the line. The City does not want the cleaner to start cleaning the line,
charge the homeowner $300 and then tell them to call the City because the main line is backed
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19 2011 PAGE 8
up. There could be a neighbor with the same problem if it is in the main line. Time is of the
essence. The City should be the first one there to respond.
Councilmember Varichak said having a license is not a cure all, but it may deter some activity
that is happening where contractors charge homeowners hundreds of dollars for an attempted
clean-out when it is in the main line.
Councilmember Bolkcom said she thought the City could send out something to plumbers and
sewer cleaners saying what we want to do and if it does not work, then to do it through the
license process. She did not think adding another layer to the process was necessary when a
mailing may work. She asked if this passes if something would be sent to all sanitary sewer
cleaners in the metro area.
Mr. Kosluchar was not sure how far staff would go with the notifications. The 15 contractors in
the Fridley yellow pages would be notified for sure. Staff would try to notify as many as
possible.
Councilmember Bolkcom suggested contacting Charlie Durenberger and asking if this is a
problem in Minneapolis and what other educational pieces need to be added.
Councilmember Varichak asked if most of the telephone calls from contractors come from the
151isted in the yellow pages.
Mr. Kottsick said it is probably 50% residents and 50% contractors who call.
Councilmember Bolkcom asked if the City could come out right away when they are called.
Mr. Kottsick said that if a call comes in on the weekend, they would come out on Monday. If it
was an emergency over the weekend and someone else came out, the City would still come out
on Monday to check the line. The main thing is the City wants the contractor to make sure the
homeowner is calling the City. Ninety percent of the time, the problem is in the homeowner's
line.
MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER
VARICHAK, MAYOR LUND AND COUNCILMEMBER SAEFKE VOTING AYE,
COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE
MOTION CARRIED ON A 4/1 VOTE
12. Approve Agreement for Legal Services Between the City of Fridley and LeVander,
Gillen & Miller, P.A.
William Burns, City Manager, said a decision was made in June to seek legal services
proposals. The process involved preparation of a request for proposals to approximately sixty
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19 2011 PAGE 9
municipal law firms identified on Lawyers. com and with the help of the League of Minnesota
Cities.
Dr. Burns said an interview panel was assembled consisting of Scott Hickok, Deb Dahl, Darin
Nelson, David Brodie (a Coon Rapids attorney), and myself. Proposals were to be submitted by
August 5. Nine proposals were received including a proposal from Attorney Knaak. Interviews
were held on August 24 with attorneys representing six of the nine firms.
Dr. Burns said following the interviews, the panel agreed on the two top contenders. The
preferred firms were Ratwick, Roszak & Maloney, P.A., and LeVander, Gillen & Miller from
South St. Paul. Deb Dahl subsequently checked the references for the two contenders. The
panel reconvened on September 6 and agreed, subject to the results of further contacts by the
City Manager, that we should recommend the firm of LeVander, Gillen & Miller, P.A.
Dr. Burns said the references for both firms were both very positive. The LeVander firm,
however, appeared to have more experience in municipal law and to be more focused in
municipal law. The LeVander firm also appeared to have some of the best municipal law
attorneys in the metro. This was confirmed by my conversation with the General Council for the
League of Minnesota Cities. Although the proposed lead attorney for LeVander, Darcy
Erickson, has not yet served as a lead attorney for a city, she has almost twelve years of
municipal law experience and has worked on numerous occasions with city staff, councils and
planning commissions. Kori Land, her backup attorney has served as a lead attorney for several
cities, and enjoys a very strong metropolitan reputation. The LeVander contract would also give
us immediate access to a number of other municipal law specialists on the LeVander staff.
Dr. Burns said that Ms. Erickson's references from managers or administrators in South St.
Paul, West St. Paul, Mahtomedi, and Inver Grove Heights were all very positive as was the
recommendation from Judge Dan Kammemeyer. The contract terms will be as follows:
• The firm shall provide up to fifteen hours monthly for attendance at Council meetings,
commission meetings and twice monthly meetings with City staff at the rate of $100 per
hour.
• The hourly rate for the designated City Attorney and all firm attorneys assisting Fridley
on any municipal matter is $135 per hour.
• More specialized work, including services provided in conjunction with civil litigation,
public improvement projects, and eminent domain shall be billed at the rate of $150 per
hour.
• The minimum increment of time billed for each service, including phone calls, legal
research, correspondence, email correspondence and personal conferences is one-tenth
(.1) of an hour.
• Costs for which the firm would be reimbursed include travel (other than to and from the
Fridley Municipal Center), Westlaw changes, Anoka County filing and recording fees,
Anoka County online property record search fees, and photocopies.
� The firm shall provide monthly billing. The bills shall identify all charges by billing
number, the time spent on the matter, and a detailed description of the work performed.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19 2011 PAGE 10
Dr. Burns said in addition to the rate schedule, the contract provides that the LeVander firm will
begin service to Fridley on October l, 2010, and will be present at the October 10 Council
meeting. The term of the contract shall extend to December 31, 2016. The firm has agreed to
maintain a professional liability insurance policy valued at $2,000,000 per occurrence and has
provided a copy of their certificate of insurance with Minnesota Lawyers Mutual. They have
also agreed that there will be an annual review of services provided by the firtn.
Dr. Burns said in anticipation of this change in legal services contracts, he has notified Attorney
Fritz Knaak that his contract for services will be severed effective November 15. Fritz
graciously agrees to continue working on legal matters that were initiated prior to the severance
notification. As we make this difficult change, I wish to thank Attorney Knaak for his service to
Fridley over the last sixteen years. He has led us capably through many legal issues and
provided very sound advice to the City Manager and Council. Best wishes to you Fritz as you
continue your service to Minnesota cities. With that, staff recommends that the Fridley City
Council approve the contract for legal services with the firm of LeVander, Gillen, & Miller, P.A.
MOTION by Councilmember Saefke to approve the agreement for Legal Services between the
City of Fridley and LeVander, Gillen & Miller, P.A. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Reports.
Councilmember Saefke said he attended the open house for the new White Pines Assisted
Living Memory Care Facility on Friday afternoon. He was surprised how beautiful and roomy
the facility is. Also the groundbreaking ceremony at the old Sandy's site will be on September
29 at 11:00 a.m.
Councilmember Bolkcom asked how Mayor Lund's "Roof Raiser" event for the Lee Carlson
Center went.
Mayor Lund said it went well and the fundraising and donations are still being accepted.
Councilmember Saefke said that last week the groundbreaking for the Connect Anoka County
project with the fiber optic lines took place.
William Burns, City Manager, said that they are continuing to work on the clean-up at Locke
Lake. The City has no direct responsibility but is working with Burlington Northern to make
sure the work is done. Burlington vacuumed the lake all of last week. A meeting will be held to
get further questions resolved. There is still a lot of work to be done and the threshold will have
to be rebuilt. The bikeway and walkway will remain closed until the work is completed.
Councilmember Bolkcom asked if there was an anticipated date the walkway would reopen.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19 2011 PAGE 11
Dr Burns said no, and it may not happen this year. He said he would continue to provide
updates to Council.
Scott Hickok, Community Development Director, said residents may attend the first of two
neighborhood meetings on East River Road. Tomorrow night the plan is to have one at Locke
Lake Road. If it is raining or too windy, it will be held in the lobby of City Hall at 6:00 p.m.
Look for signs. A staff inember will be in the area to direct people to the right area. The final
meeting will be held at Glencoe a week from tomorrow night.
Councilmember Bolkcom asked if people could go to one of the future meetings if they could
not attend tomorrow night.
Mr. Hickok answered yes. The meetings have been shifted one week because the August 16
meeting had to be cancelled because of severe weather.
Councilmember Bolkcom asked where people could go to give feedback if they could not
attend the meetings.
Mr. Hickok said people can comment on the County's website or email or phone the Anoka
County Highway Department or contact him directly at hickoks(a�ci.fridle .mn us or by phone at
763-572-3592. All comments will be included as if you were at the meeting. Comments will be
used to create a plan for future development of East River Road. Eventually, an official plan will
be adopted for 2030 and the roadway will look nice and function a lot better.
Councilmember Varichak announced the last recycle event is on October 8. The event is from
9 a.m. to 1 p.m.
Councilmember Saefke said that papers can be shredded in Blaine at 9150 Central Avenue the
third Saturday of each month from 10 a.m. to 2 p.m.
William Burns, City Manager, said another newsletter will be coming out soon.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:30
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
SEPTEMBER 12, 2011
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saeflce
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
Darin Nelson, Finance Director/Treasurer
Julie Jones, Planning Manager
John Anderson, 5909 Second Street
Pam Reynolds, 1241 Norton Avenue NE
Joan Zmuda, 6051 Fourth Street NE
Scott Tesmer, Home Depot
John Haussner, Home Depot
Ben Conwell, Home Depot
Terry Overacker, 502 East Main Street, Anoka
Michael Johnson, Talecris
Gail Moore, Talecris
PROCLAMATION:
Honor the Heroes — Patriot Day: September 16, 2011
Constitution Week: September 17-23, 2011
PRESENTATION:
Michael Johnson from Talecris Plasma Resources
Mr. Johnson stated Talecris has been at the Holly Center for roughly three years. He is proud to
outline what they do and would like to discuss some of the problems they have been having as
F
well. One of the problems they have been having is with litter at the bus stop at the corner of
University and Mississippi. They know there is some litter coming from their facility. They
want to make sure they clean up after themselves.
Mr. Johnson stated they have implemented an action plan to address that issue. They are
implementing donor education campaigns and handing out flyers throughout the donor panel
asking people to make sure they are disposing of their trash appropriately. They are also
monitoring and cleaning the parking lot on a daily basis during and after center hours. They are
monitoring donor behavior at the nearby bus stop and would like to further work with Metro
Transit to adopt the shelter along with the Cystic Fibrosis Foundation.
Mr. Johnson sta.ted they are also exploring ideas about waste removal from that particular site
by either Waste Management or some type of refuse company to keep it clean. He introduced
Gail Moore, whose daughter benefits from their service.
Mr. Johnson stated there are a number of rare chronic disorders that are treated with plasma.
They are a large national organization that produces 5 million collections a year, and those
particular collections are what make life possible for a lot of people.
Mayor Lund thanked Mr. Johnson for taking the time to come to the meeting and publicly state
his willingness and volunteering to clean up the bus stop that the City was getting frequent
complaints about. It goes without saying the whole problem is not solely from Talecris.
Councilmember Bolkcom stated the complaints they have received were regarding bloody
bandages which she knows are hazardous waste. It is her understanding the donors have to leave
the bandage on for one-half hour.
Mr. Johnson replied it depends on the person; but, yes, one-half hour is suggested. Longer if
necessary.
Councilmember Bolkcom asked if the donors could wait a half hour before they left.
Mr. Johnson replied they could.
Councilmember Bolkcom asked if this is a possibility they could look into.
Mr. Johnson replied it is a possibility they have researched already and are still discussing.
Councilmember Barnette asked how often a person could donate plasma.
Mr. Jo6nson replied a donor is able to safely donate plasma twice in a seven-day period.
William Burns, City Manager, asked how many donors they averaged per day.
Mr. Johnson replied, depending on the week, roughly 250 a day.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 3
Dr. Burns said they discussed putting number identification on the bandages. He asked if that
was still a possibility.
Mr. Johnson replied, yes, and they have implemented such things. The Center has made it well
known that if bandages are found with a number on them, the donor will be permanently
removed from the facility.
Councilmember Bolkcom stated the City has a staff inember who is monitoring and inspecting
that area.
Dr. Burns stated the City has a CSO who does an inspection twice a week.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 22, 2011:
Councilmember Saefke pointed out two corrections on page 15: (1) second paragraph, second
line, ". .. will not perform. ..."; (2) sixth paragraph, second line, ". .. units are in proper� order...."
APPROVED AS CORRECTED.
NEW BUSINESS:
1. Resolution Consenting to the Housing and Redevelopment Authority in and for the
City of Fridley, Minnesota, Adopting a 2011 Tax Levy Payable in 2012.
William Burns, City Manager, stated the HRA has used a.0185 percent tax levy since 1996 to
support its housing rehabilitation programs. The levy will cost the owner of a$150,000 home
$27.75 in 2012. The owner of a commercial/industrial property valued at $1 million would pay
$185 in 2012. The HRA approved this levy at their September meeting. Staff recommends
Council's approval. The size of the return has gone down. There is a significant reduction in the
levy proceeds projected for 2012 because of a reduction in the value of Fridley properties.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Claims (152042 - 152282).
APPROVED.
3. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 4
4. Estimates :
Ron Kassa Construction
6005 East 250th Street
Elko, MN 55020-9447
2011 Miscellaneous Concrete Repair
Project No. 401
Estimate No. 4 ................................................$ 13,281.41
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
Street Improvement Project No. ST2011-01
Estimate No. 3 ................................................$ 73,122.84
APPROVED.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item No. 1 be removed.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
No. 1. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
AYE, MAYOR LUND DECLARED THE
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 1.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No one from the audience spoke.
AYE, MAYOR LUND DECLARED THE
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12. 2011 PAGE 5
PUBLIC HEARINGS:
5. Consideration of Revocation of Special Use Permits, SP #95-OS and #04-05, which
Permit a Garden Center at Home Depot, Generally Located at 5650 Main Street
(Ward 3).
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 7:53.
(All anticipated speakers and witnesses were sworn in by Mayor Lund.)
Julie Jones, Planning Manager, stated the purpose of this public hearing is to consider
revocation of two special use permits for Home Depot, SP #95-OS and also SP #04-05, which
amended the previous 1995 special use permit. On July 24, 1995, the Fridley City Council
granted Special Use Permit, SP #95-05, to Home Depot generally located at 5650 Main Street, to
allow a garden center or nursery which requires the outdoor display of storage of inerchandise
with six stipulations.
Ms. Jones stated Stipulation No. 6 read as follows, "There shall be no outdoor plant sales
(outside the confines of the garden center walls)." In the spring of 1996, City planning staff
initiated a code enforcement case for outside storage resulting in a citation. The Home Depot
storage manager plead guilty in Anoka County Court to charges of outside storage at 5650 Main
Street. A few months later, on August 26, 1996, the Fridley City Council held a public hearing
similar to tonight's hearing to consider revocation of SP #95-OS for the Home Depot garden
center because of continued outside storage violations. The City Council decided at that hearing
to review compliance with the special use permit again in six months.
Ms. Jones stated SP #95-OS ended up not being revoked because later, in 1997, Home Depot
applied for a temporary outdoor garden center special use permit to have a temporary garden
center placed in the parking lot of the store during peak garden season, from April to July.
However, on August 11, 1997, the City Council denied such special use permit request, #97-02.
Non-compliance continued; however, Ms. Jones does not have records in the City's complaint-
tracking system further back than ten years. Therefore, the City does not have details of what
happened between 1996 and 2002. Mr. Hickok informed her that every code enforcement officer
the City had on staff during his tenure had issues with Home Depot and had personally met with
staff at the Home Depot store to try and rectify this continued problem.
Ms. Jones stated in February 2002, City Planning staff initiated a code enforcement case
regarding unscreened storage in the garden center area because of retail stock being stored above
the height of the fence. The violation was resolved in April, 2002. In May, 2003, City planning
staff initiated a code enforcement case regaxding lawn tractors, fertilizers, and other retail stock
being stored in front of the Home Depot store. That case was closed on May 30, 2003.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 6
Ms. Jones stated in 2004 Home Depot applied for a special use permit, SP #04-OS to amend the
existing special use permit issued in 1995 to allow an expansion of the garden center walls. The
Fridley City Council granted that special use permit, #04-05, on December 6, 2004, with seven
stipulations. Stipulation No. 7, which was a rewording of Stipulation No. 6 from the original
1995 permit stated, "There shall be no sales, storage or display of plant material or any other
merchandise outside of the confines of the garden center walls." Subsequent to approval of SP
#04-05, Home Depot completed a 20-foot expansion to the south side of the garden center.
Ms. Jones stated on April 20, 2007, City planning staff initiated a code enforcement case
regarding nursery stock displayed for sale outside the garden center walls in the front area of the
Home Depot store. That case was closed on May 16, 2007.
Ms. Jones stated on July 2, 2008, City planning staff initiated a code enforcement case regarding
nursery stock displayed for sale outside the garden center walls in front of the Home Depot store.
That case was closed on August 15, 2008. On April 7, 2010, City planning staff initiated a code
enforcement case regarding storing and displaying garden center products outside the garden
center walls. Following a subsequent meeting with the store and regional managers, the case
was closed on April 14, 2010.
Ms. Jones stated as a result of the meeting with store management, City staff allowed
improvements to the front area of the garden center to the pedestrian walkway for permanent
planting areas to install planted nursery stock for display. Home Depot had gone ahead and built
some display areas which were basically racks set up with retaining walls to store the material
that was for sale. The plant material there is potted material for the customer to take and
purchase. Also, there was signage for which there were no sign permits along with stacked
bagged material out on the front for display and sale.
Ms. Jones stated in the resolution with staff, it was suggested that instead of displaying material
for sale out front which their special use permit did not allow, Home Depot create a landscape
feature in front of the store where they could display the material they had for sale but have it in
a planted permanent landscaped area. The area would serve as a display and staff suggested they
could even put little markers in the area to identify the plants. Staff felt it was a good solution.
Ms. Jones stated on July 6, 2011, staff initiated a code enforcement case regarding the display of
large volumes of garden center and landscape materials outside the garden center walls. Upon
reinspection following the July 21 deadline, some materials were moved inside, and some were
still being displayed in front of the building. Because of the history, staff chose to initiate the
revocation of SP #95-OS and SP #04-05.
Ms. Jones stated in early August, staff inet with Scott Tesmer, the regional manager of the store.
Mr. Tesmer was quick to correct the outside storage violations at the Home Depot store. Staff
held to its position that a public hearing regarding this site's special use permits needed to
proceed. Staff scheduled a public hearing for consideration of revocation of SP #95-OS and SP
#04-OS because the Zoning Code states that failure to comply with any and all conditions and
stipulations issued with the special use permit shall result in revocation of the special use permit.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 7
Staff has had four documented incidences of violations of Stipulation No. 7 since the 2004
garden center expansion, each of which warranted a public hearing.
Ms. Jones stated staff strives to work out the problems with businesses before bringing matters
to Council, as they have done many times with this business. However, staff has been unable to
reach long-term compliance with Home Depot because of staff turnover on the local level. Staff
believes it should be the responsibility of Home Depot's corporate office to educate their staff
regarding the stipulations of their special use permits.
Councilmember Bolkcom asked regarding the stipulations, Ms. Jones mentioned the one
stipulation. She asked if the other five stipulations had anything to do with outdoor storage or
plant sales.
Ms. Jones replied, no, they were for other requirements of the garden center. That was the only
stipulation that related to outdoor storage.
Councilmember Bolkcom stated Ms. Jones mentioned that in August 1996, there was a public
hearing. She is reading the minutes in the packet and it says on the bottom of page 31 the
recommendation was, "Mr. Hickok stated that a special use permit could be reviewed in six
months if the Council so desired. It was the consensus of Council that there be a review." She
asked if there was a review after six months.
Ms. Jones replied, she researched the minutes and could not find any record of it in that time
frame.
Councilmember Bolkcom asked what kind of review was done by the Planning
DepartmendCode Enforcement?
Ms. Jones replied, it is her understanding that what happened is Home Depot came back
approximately six months later and their proposed solution was to have a temporary garden
center, in addition to the garden center attached to the building, in the parking lot during their
peak times between April and July and that would handle their overstock problem.
Councilmember Bolkcom asked about the stipulations.
Ms. Jones replied there was an additional stipulation added that was not in the 1995 permit. The
reason that was added was because this had been a problem for staff, and that is the one that said
materials within that garden center shall not exceed the height of the fence or walls of the garden
center.
Councilmember Bolkcom said the only stipulation that Home Depot had not been adhering to
as of now is No. 7.
Ms. Jones replied, correct.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 8
Councilmember Bolkcom stated in June 2007, there were pallets on the south side of the
building and there was trash and litter on the property. In 2002, there was another issue related
to storage exceeding the height. She asked how far back the records went.
Ms. Jones replied back to 2000.
Councilmember Bolkcom asked but there was a gap after 1996, 1997.
Ms. Jones replied, the City does not have code enforcement reports like this prior to 2000.
Councilmember Bolkcom asked if the City had them from 2009.
Scott Hickok, Community Development Director, stated because of the State records retention
schedule, there were three years of code enforcement data dumped because they exceeded the
time the State required record retention. That system changed in 2000. Everything is stored
electronically so the City has those records. However, for those three years, the City had
correspondence but records had been dumped.
Councilmember Bolkcom stated there is a gap from 2003 to 2007. Were there any issues
during that time period?
Ms. Jones replied not to her knowledge.
Councilmember Bolkcom stated Ms. Jones mentioned the outside storage but there also were
issues related to trucks and there was long grass and weeds on the vacant strip north of the
PetSmart store. T'herefore, there were issues not exactly related to the stipulation, but related to
the maintenance, upkeep of the property, parking, etc.?
Ms. Jones replied correct.
Councilmember Bolkcom said there is a possible development at the Cub Foods site and there
was some proposal of some outdoor nursery sales. She asked how that was different.
Mr. Hickok replied, in all cases, outdoor sales need a special use permit in a commercial district.
That can come in any number of different shapes and forms, but it needs to be architecturally
integrated into the site. Although historically, in the request for a parking lot sales area, for
example, for something that was much more portable (put it together in a short time and take it
quickly apart but allowed a lot of storage material for out in the parking lot) the City has taken
the position over many years that those garden sales in the parking lot harm the businesses like
Home Depot, Menards, and Bachman's who sell products, and pay their taxes throughout the
year. For a vendor to come in and set up in the parking lot and have a temporary display is
contrary to what the City's interests are.
Mr. Hickok stated any garden center in the proposed Triland development would need to have
architectural significance to the site. That one has a pergola that will be placed on the
development for the garden sales portion of the year. It has special paving, electronic wiring for
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 2011 PAGE 9
their electronic pay systems, etc. It is really designed architecturally to integrate into the design
of the site as well. It is not identical to this nor is it identical to the way the plants are sold at
Menards, Wal-Mart, or Bachman's. It is important to note that it is not just set up in the parking
lot but integrated architecturally into the design of the site.
Councilmember Bolkcom said Home Depot is very similar to sales done at Bachman's,
Menards, and Wal-Mart. Again they will all be enclosed and all their plants and plant materials
are within those enclosed areas, whether it be fencing or screening of some type.
Scott Tesmer, Regional Manager for Home Depot, stated he has been with Home Depot for 14
years. He has lived, resided, and worked in the metro area that whole time and is somewhat
familiar with their operations in various cities around. Their intention is to be Fridley's most
admired business.
Mr. Tesmer stated he is not big on excuses. What is up there happened. The City had good
district managers and store managers in front of them before who had the same heart as he has
today and his folks have with him. And they failed. He tried to dig in after meeting with Ms.
Jones as to what the root cause was for this. They have some communication gaps in their
company that he believes he was able to rectify, which he thinks will be a big piece in this not
being a problem going forward.
Mr. Tesmer stated various stores deal with their operational realm in different ways. Bringing
in people who have worked in other stores do not necessarily have the understanding of what the
City is looking for with this. That is a training piece that also needs to be addressed. Regarding
the north strip of grass that was not mowed, for the ten years PetSmart resided next to them, they
mowed the spot. They believed it was their land and Home Depot believed it also. Not until
near the end of July did they find out that strip of land was owned by Home Depot. They have
sent their store teams out to clean it and have their landscaping company maintain that on a
permanent basis.
Mr. Tesmer stated that live goods product does not need to be there. They want it to be there to
help sale and grow revenues for themselves and provide beautification for homes around the
community. In their training program they can include the operational guidelines set forth by the
City. They generally do not all change at the same time. This year, the District Manager and
Store Manager changed at the same time.
Mr. Tesmer stated there is also the garden business itself. There is a short window. It is a
difficult management process. They do $20 million at the store in Fridley. At any given week
during a specific time period, for example in May, 38 percent of all business may go through the
garden center. That allows them to hire people, this year 23, for the garden center. They are
currently looking for 4 people as that continues to be a fall business. Part of that is just that
growth, and they look to continue that piece and be able to continue to hire people going
forward.
Mr. Tesmer stated they strive as a company to be a good corporate citizen. They try to be in
parades. They interact with the Fire Department and the Police Department as much as they can.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 10
They are proud to be in the cities they are in, and they are proud to be involved with the cities.
Mayor Lund confirmed with Mr. Tesmer that he is not denying the previous infractions staff has
discussed.
Mr. Tesmer replied, he has no personal ability to speak to anything before February of this year
when he overtook this district. There were pictures of some, so he is not going to deny that. The
pictures and the mowing issue they had on the north side, he became aware of after the letters
were received. Unfortunately, if he could have fixed those issues before, they would not be here
today. He will not deny that.
Mayor Lund stated he understands Mr. Tesmer's point. He can only speak to the issues now.
The testimony he has heard so far tonight, leads him to believe clearly there is an ongoing issue,
and from what he has heard from Ms. Jones and Mr. Tesmer, there seems to be a disconnect in
communication. He asked what assurances they can give the City that this will not continue to
happen.
Mr. Tesmer replied, verbally the assurances are that he has gone to their legal department as the
connected with them on any issues of maintenance through the district manager to the store
manager which did not take place before. He believed in visiting with Ms. Jones, there was
some communication to their tax department which is not connected the way it should be. They
will lay it out in their training program.
Councilmember Bolkcom stated she has been a councilmember for quite a while. She has the
minutes and this is similar to back in August 1996 and they had the same kind of reassurance.
She does not know if the managers change every year, but it seems like once a year someone has
to be reminded. Granted Mr. Tesmer does not have that history, but her history is that very
honorable people just like him have stood up and said the same thing to at least some of this
Council since 1995. She asked what is that reassurance.
Mr. Tesmer replied, he thinks the communication failed. Legal did not communicate to the
district manager when they received staffls letter, and that has been fixed.
Mr. Tesmer stated he is not here to tell them he is better than any of his predecessors. It is
communication links within their corporate office that should never allow this to happen again.
Many of their stores operate with apron presentations and product so that is why it does not click
as well as it should in cities that have a different outlook.
Councilmember Bolkcom stated the reason she brought up Bachman's, Menards, and Wal-Mart
is they are very similar operations. The City has a limited amount of staff. She cannot ask City
staff to go out and inspect Home Depot's property and make sure they are maintaining the
stipulations they have. The City does not have the same problems at Bachman's, Menards, or
Wal-Mart. She happens to be a gaxdener herself and goes to all these places. The Home Depot
nursery area could be arranged so those plants could be inside.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 11
Mr. Tesmer stated it is very simple. The picture is three garden carts on wheels that did not
need to get rolled out. The understanding of his team not to roll that out is easy to fx. The pallet
of mulch there. During a busy week they will sell 3,000 bags of Cyprus mulch. That is more
than five semi-trucks in one week's time. A lot of it is about customer safety. It could be about
loader safety. Some of it are for good reasons but they violated Fridley's expectations. They can
stop that from happening.
Councilmember Bolkcom stated they are here mainly because of the garden center, but they say
they want to be a good corporate citizen. The City wants them to be a business in its community.
If PetSmart is closed and the grass is not being mowed, why wasn't somebody just mowing it
while they were mowing Home Depot's? It makes Home Depot's property not look good. She
asked Mr. Tesmer if that part is now straightened out.
Mr. Tesmer replied absolutely. They still have the islands within the PetSmart area they own
that have leaves and have had them ever since they left. At times Home Depot has gone and
taken care of those. Home Depot does assume the City would enjoy some accountability for that
company to do that as well. If the City would like Home Depot to take care of that, he will
absolutely take on that task.
Councilmember Bolkcom stated the City does have a weed and grass ordinance where it cannot
be above the 10 inches.
Mr. Tesmer stated, yes, it has been well beyond that for the entire year.
Councilmember Bolkcom stated and the City needs to look at that, too. It is great if Home
Depot would take that on.
Mr. Tesmer asked Mayor Lund if he would like him to do that?
Mayor Lund replied, no, he is not going to ask Mr. Tesmer to take care of somebody else's
property.
Mr. Tesmer asked if he would allow them to do that.
Mayor Lund replied, certainly the City does have people who are volunteers to do certain things
that they do because they want the image of their business to look presentable. He cannot
authorize or endorse that one way or another. If he was in charge he would probably want his
business to look presentable when customers are driving through the PetSmart parking lot to get
to Home Depot. He knows in the past staff has had contact with PetSmart because it is their
responsibility to maintain at least minimally their property under the ordinances.
Mr. Tesmer stated, considered it handled.
Mr. Hickok stated to Mr. Tesmer he does appreciate his sincerity and believes his willingness to
change. A concern from this, probably coming from his 15 years of personal experience of
working on this particular property, is that he has spoken with other managers who have said it is
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 12
corporate. Corporate pushes them because May is huge. He has seen from the testimony
tonight, it is a$20 million store and 38 percent of the sales in May come from the garden center.
He wants to believe there is not a willingness to just bend because 38 percent of the sales come
from the garden center. The City's data would show that happens every year almost as though to
them they are saying, this is what they do because May is so huge they cannot help it, they are
busting at the seams.
Mr. Tesmer replied that is a good question and if he had the same situation as he has in other
stores where he had an outside group structure, foot rail fence with hundreds of pallets of shrubs,
beautiful annuals and perennials, it would be quite the challenge to eliminate that. He would be
looking at a massive negative comparable year here in sales, and it would be a whole other
conversation. They are talking about a few garden carts they want to use to make it look more
inviting. The garden carts do not need to be out there. It is a simple enough process, and he is
embarrassed they are dealing with it. This store has never put hundreds of pallets out. Their
business can do the business that it does and grow within the walls they have there.
Mayor Lund stated he recognizes that not everybody in the corporate world or anywhere might
agree with all the ordinances. But they are there and have to be maintained and upheld unless
they want to come forward and try and change the law.
Mr. Tesmer replied he agrees with him. He has the authority to make those statements. His
legal department is a support function for the stores. They would not be pushing him beyond the
ability to live within the City's guidelines.
Mayor Lund stated if this revocation takes place, it has to be a huge detriment for this Home
Depot store.
Mr. Tesmer replied, if that took place, they probably would not have a Home Depot store there.
Mayor Lund stated and that is huge just to shut that down, and they would not be the most liked
council either. That being said, he would think Home Depot would want to stand up and take
notice before it even got to the eleventh hour.
Councilmember Varichak said according to all of the City's records, it looks like the biggest
volume is in May; however, it looks like some of the issues did not happen in May. She sees
issues in April, June and July. She sees some other dates that this particular stipulation was not
met. The City has checked it throughout the summer and noticed it is not in compliance.
Mr. Tesmer replied, the recent ones for this year are within that somewhat, but he thinks it lends
itself to prove that they can work within those walls, that it is not the 38 percent garden piece that
is forcing them to go out there. It is poor communication between corporate and themselves. It
is not having the standard set for all new managers that come in to understand Fridley's
expectations for what their building should look like. He thinks that is a plus in saying they can
make this happen by the fact that it was not just that which caused it.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 13
Councilmember Varichak stated and it is not that they do not correct it when it is brought to
their attention because Ms. Jones indicated several times she files the code enforcement violation
and then very shortly after it has been closed because it has been conected. It is someone
knocking on their doors saying they have to clean this up, and then it is good to go. Just as long
as they are policing. They would hate to lose Home Depot as a business, and they want them to
just keep under the rules so they do not have to police all the time.
Mr. Tesmer replied, them, too. He will be the cop.
John Haussner, District Operations Manager with Home Depot, stated his role as the district
operations manager is in essence to be the cop. He ensures their stores are following Home
Depot's policies and procedures and any other regulations they would be subject to. He, too,
will be considerably involved with the source to ensure that all ordinances and regulations are
being followed.
Mayor Lund asked how long has he been the district operations manager for this store?
Mr. Haussner replied, he took the role in February of this year.
Mayor Lund asked whether the former managers have enlightened him with the past history of
this store?
Mr. Haussner replied, unfortunately, no.
Mayor Lund asked what is his assurance that if he leaves, this will get passed on to the next
district manager. How do they break the cycle of disconnect in communication that seemingly
has occurred?
Mr. Haussner replied he is planning to be in the role for a while. He has been with the Home
Depot for 14 years in the Twin Cities. He has discussed with Mr. Tesmer the method they are
going to use to make the store aware of the current ordinances and regulations so they can
continue following them. They are going to post the expectations and regulations in the store so
they are visible. They are going to use it as a tool to train people who are in the store currently.
Councilmember Bolkcom asked if they would also have them sign something indicating they
are aware of this policy.
Mr. Haussner replied that is something that he would not be able to comment on tonight. That
would need to be addressed by Home Depot's legal department.
Councilmember Bolkcom asked what they meant by "posting."
Mr. Haussner replied posting what the special use permit spells out for them to comply with.
Councilmember Bolkcom asked where it would be posted.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 14
Mr. Haussner said in the store manager's office.
Mr. Tesmer stated they could go forward with a signature program. In fact he thinks that is a
good idea for anyone new coming on.
Dr. Burns asked Mr. Hickok how far up the chain of command did the City go with its
communication?
Mr. Hickok replied in 1996, one of the key executives from Home Depot, Atlanta, left the
Olympics to come because of concern they were not in compliance at that time.
Councilmember Bolkcom stated it says the President of the Midwest Division and the Real
Estate Manager of the Midwest Store Support, and the Director of Real Estate Midwest was here.
Mr. Hickok stated, yes, they were here along with somebody much higher up. The Vice
President of Home Depot.
Dr. Burns asked what if they shared their concern with the corporate CEO for Home Depot and
the members of the board of directors?
Mr. Hickok replied, certainly communication sounds like it is one of the issues here. However,
the communication needs to happen.
Councilmember Bolkcom asked, as far as following the stipulations, is the ownership on the
City or on Home Depot?
Fritz Knaak, City Attorney, replied if by ownership she means who is responsible for storing it,
it is the responsibility of Home Depot.
Councilmember Bolkcom and it is the City staff s job to enforce it, along with the City Council.
Is that fair to say?
Attorney Knaak replied, ultimately it is the Council's responsibility to determine whether it is
complied with or not. Staff brings it to their attention, and they are permitted to review, based on
a record like this, to see whether the conditions are being complied with.
Councilmember Bolkcom stated it is not City staff's or City Council's job to follow the
stipulations. They know what the stipulations are, and it is Home Depot's responsibility to
follow the stipulations they have in their special use permit.
Attorney Knaak replied that is correct.
Mr. Hickok replied, the special use permit has been posted in the store before. That is
something that previous managers have done as a practice, and he has observed it in their
manager's area.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 15
Mayor Lund asked the Home Depot representatives if any of them have seen it before.
Mr. Haussner replied he has not seen it. He has not looked for it.
Mr. Tesmer stated it is not posted.
Ben Conwell, Store Manager of the Fridley Home Depot, stated he did not have anything to add
to the statements that have been previously made but is open to questions.
Councilmember Bolkcom asked Mr. Conwell if he has seen the sign Mr. Hickok mentioned
posted in the office related to no outdoor storage?
Mr. Conwell replied, he has not. It will be posted now though.
Councilmember Bolkcom asked if he was informed of it when he became manager.
Mr. Conwell replied he was not informed specifically, but he was informed as to what he
thought were the stipulations, the guidelines.
Councilmember Bolkcom asked, and what were those.
Mr. Conwell replied that they had some azeas outside that were built for storage.
Councilmember Bolkcom asked, what did "outside" mean.
Mr. Conwell replied the landscaping that had been done; and they had just put some plants on
there and pushed carts up next to it which he assumed would be okay but apparently was not.
Mayor Lund said there was also some temporary signage and there are no temporary signage
permits. They understand in the course of business, they want to display products and materials
and signage is helpful. It is easy to forget about those things. However, it is a little unusual they
get to the eleventh hour with repeated violations. It seems like Home Depot has not taken it very
seriously up to this point.
Mr. Conwell replied, that is a fair assessment. He can speak to one point on the
communications piece. Not that he can guarantee anything at this particular point, but he started
with this company 13 years ago at the Fridley Home Depot. He has traveled all around and is
back home with no intentions of leaving.
Councilmember Bolkcom asked Attorney Knaak, as far as special use permits, does Council
have some latitude. Could they come back in April/May of next year if they do not revoke the
special use permit now? Would it make sense to continue the public hearing until then so they
do not have to go through this process again, or does it make sense to close the public hearing
and make a decision. She does not necessarily want to have to come back and look at how they
are behaving in April/May/June of next year which seems to be their busiest time. What would
be the smart thing to do?
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 16
Attorney Knaak replied they are having a hearing and, if they choose to revoke the special use
permit, it would have to be based on the testimony they have heard. In fact, they have pretty
much admitted that they have not been in compliance. Council has this information. He
recommends Council close the public hearing. Frankly if they continue the public hearing for a
long time, it dilutes, weakens it. Its purpose is to have a full public hearing so that it can stand as
the basis for a decision. If there is a subsequent review, obviously the more stretched out it is,
the longer the testimony, the longer the observation.
Attorney Knaak stated ordinarily in a situation like this he would recommend they take the
testimony and then they have their record. They are not required to move immediately or move
any time in the future, but it has to be within a reasonable period of time. Even the next meeting
or the meeting after they do not have to. In these cases a couple of things can happen. You can
choose to do nothing and leave it alone. They can choose, based on this record to revoke or
commonly what occurs is a dialogue can occur and they may end up revoking the prior
conditional use permit as part of discussion, and another one gets borne as a result. Those are
the three options as he sees it: Council can do nothing, they can revoke (and this is of course
after the hearing) and they can revoke and with the property owners can essentially create a new
one.
Councilmember Bolkcom said one this Attorney Knaak mentioned was Council can do nothing,
and he is saying do not continue the public hearing. She was trying not to go back to another
public hearing during the summer as far as them following the stipulations that they have (No. 7)
that is why she was saying it would make sense to continue the public hearing. Attorney Knaak
is saying Council could revoke their special use permit and put a conditional one but then would
they put another stipulation that it is reviewed in "X" amount of time?
Attorney Knaak stated they can choose to revoke but, based on the information, do it in a way
so Council is giving them basically a grace period before it is implemented. The Council
actually has quite a few options. When asked if Council has the discretion, he always comes
back at that with caution because it has to be based on the information Council has received. If
Council is going to rule against them and take away the special use permit, they need to do it as
close to the hearing time as possible.
Attorney Knaak stated if they are looking at doing something different and are talking about
extending the time or something like that, he would still have the hearing and close it. They have
some options. It is something they have done when they continue a decision on whether there is
going to be a decision. They can have and review, for example, findings of fact based on the
hearing that provide for termination and Council cannot continue that. Continue action on that
and it will be out there for everybody to see, based on the record. They can continue that for six
months if they think that is a reasonable period of time. If there is compliance in that timeframe,
they can just simply not pass it, permanently table it, or vote not to do it.
Attorney Knaak stated one scenario he would see here and he is not recommending anything, as
it is Council's decision, is to close the public hearing. They have their record. Ordinarily he
would suggest or recommend staff prepare findings for the Council to consider which they can
take or leave at their discretion but they are in front of them. Based on that, they review it, if
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 17
they are comfortable with what they see, they put that on the agenda, and they continue it.
Again, they would have discussion with them and say, okay, here is what it is. Here is what is
anticipated will be done; however, it is not being voted on right now. But they will continue this
for six months. If they see compliance and, if they do not have a problem, it goes away.
Councilmember Bolkcom stated and that makes sense.
Mayor Lund stated there could be some type of discussion at the next meeting when they
actually take some type of action.
Councilmember Bolkcom stated she disagrees because she wanted to know whether she needed
to continue the public hearing. She was not trying to make a plan.
John Anderson, 5909 Second Street, stated he was not prepared for this. It seems to him the
easiest solution would be to drop the stipulation. From what he heard from Mr. Hickok, the City
has taken a position not to allow outdoor sales to protect the interests of three large corporations
within the city.
Mayor Lund stated not necessarily. It relates to outdoor storage, not necessarily outdoor sales.
They want products to be stored inside a facility or contained in a facility. The City has outdoor
storage laws and ordinances in place, and it does not pertain to just these big box stores.
Mr. Anderson replied, correct; but in the stipulation it says there are no outdoor sales, and that
was one of the violations. They are not putting a bunch of plants out in the parking lot and
leaving them out there.
Mayor Lund stated, yes, outside the perimeters of their nursery they have put products, material
outside and there have been other infractions in the past.
Councilmember Bolkcom stated they have had sod outside. They may have only had two carts
this yeax, but they have had a lot more stuff outside.
Mr. Anderson stated product for sale. Not inventory. Not machinery or anything like that.
Councilmember Saefke stated they have had lawnmowers and stuff in the past.
Mr. Anderson replied, things they are trying to sell, so why wouldn't removal of the stipulation
just solve the problem? Obviously they are not going to do something that is not going to make
them money. It is something they are doing well enough in this division. The City has
threatened to basically remove the store from the City.
Mayor Lund stated they are not threatening anybody.
Mr. Anderson replied, sure they are. That is what the revocation is.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 18
Mayor Lund said as far as removing the stipulation, they can certainly ask for that. He is remiss
in the fact that they agreed to those stipulations.
Mr. Anderson said that is fine, but it is not working out.
Mayor Lund stated and now they have to abide by those stipulations. He would not allow an
exception.
Mr. Anderson stated Mr. Hickok said it has been the City's desire not to allow any other
vendors other than the three large businesses.
Mr. Hickok replied, that is wrong. They are talking about being consistent. Every special use
permit in the City where garden sales are permitted is to be consistent. The second part of what
he said is the City has taken a position that they do not allow outside vendors without the
permission of the primary property owner. In other words, some cities have garden centers come
to town where it has no relationship to the retail that is happening on that site. And those garden
centers come in with a split rail fence and the concrete rock and the hoop house, but they are not
there the rest of the year. It is not part of the retail mix of the store. The City has within its
discretion the ability to say, look, if you are going to do outdoor garden sales, it is going to be
part of your retail mix, it is going to be architecturally integrated into the building, and we are
going to be consistent. It is not about protecting three businesses. It is about having everyone
playing on the same level playing field.
Mr. Anderson stated Mr. Hickok just admitted purposely doing it in his last sentence. He does
not want to impact market share of the three large businesses.
Mayor Lund stated he would think the other businesses would say, wait a minute, we abide by
your ordinances and your stipulations. We have a more permanent structure and then others can
come in and just put their product out in their parking lot. We do not think that is fair.
Mr. Anderson stated you know we have Constitution Week coming next week.
Mayor Lund asked if Mr. Anderson was testifying on behalf of Home Depot.
Mr. Anderson replied, he is not testifying on behalf of anybody. He is testifying because he is
embarrassed.
Mayor Lund stated to Mr. Anderson he is not helping Home Depot's case.
Mr. Anderson replied, he is not trying to help Home Depot. He is embarrassed by the people
they have elected on this Council.
Mayor Lund stated that is not appropriate testimony for what they are dealing with this evening.
Mr. Anderson replied, they are threatening to remove a business; and that is easy grounds for
recall.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 19
Mayor Lund asked him if he had something to say pertaining to the issue before them.
Mr. Anderson replied, as a citizen of Fridley, he advocates removing the stipulation.
Mayor Lund thanked Mr. Anderson for his testimony and stated they will consider that.
Pam Reynolds, 1241 Norton Avenue NE, asked in February 2010 with the Cub master plan for
Triland Properties, their Stipulation No. 15 which says, "Site plan must be redrawn to relocate
outdoor sales areas to a location off of an access drive aisle. Fence design around the outdoor
sales area shall be reviewed and approved prior to issuance of a building permit." She asked
why they were not working with Home Depot. They were willing to work with Triland to allow
them to have an outdoor garden center. It is a temporary thing as she recalls. It has some kind of
posts that stick into a setup so it can be removed. They are not talking about like a Linder's
where they pick up the shop. She asked why they were not trying to accommodate this business.
She is saying as a citizen of Fridley, she does not want to see Home Depot have to keep coming
back because of a couple of carts of flowers. Or even a pallet of mulch. As a customer, it does
not make her very happy to have to throw mulch into a cart and then haul it out the store and
throw it in her car, if she can pull up somewhere. She is just wondering if there is not a better
way to do this than the stipulation that is in place that says you just cannot do it at all. Because
this is a temporary situation. It is the same as with Triland Properties would be a temporary
situation.
Mayor Lund replied, he understands her point.
Ms. Reynolds stated it would be much easier for Council, staff, and the business if there was
some kind of an agreement reached allowing them to continue the business in the peak period
without all of the interference. She would rather see two carts of flowers and mulch. At least
they are keeping it where their garden center is. To say that other businesses do not do it is not
exactly true. You just do not catch them doing it. She does not know if Home Depot leaves
those carts out there when they close at night. They must bring them back in. So, it really is not
outdoor storage. It is temporary placement of product.
Mayor Lund replied she makes a valid point. He is going to ask staff to respond. It is a two-
way street. It is not up to staff. They can suggest some of these things and ask for them. They
do not want them to feel they are trying to oust them or significantly damage their business as the
testimony said. They do realize the significance of this.
Mayor Lund stated it has gotten to a point where it is repetitive and, by Home Depot's own
admission, there has been a disconnect of communication. It is not about trying to hurt a
business. The City understands perfectly that Home Depot provides a significant amount of
employment, and they help the tax base. It is not a comfort zone for him personally to be
passing judgment on a business whose loss would be very detrimental to our community. On the
other hand, he cannot look the other way if they do not want to agree by the stipulations. They
agreed to them initially, and they should live up to them.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 20
Mayor Lund asked staff if there have been any discussions over the years about Home Depot
doing something similar to what the City approved for Triland.
Mr. Hickok replied in testimony they heard eazlier this evening, there had been several different
things that have happened over the course of time during that one period. They had asked about
doing something like the Home Depot store in Maplewood had done with the temporary chain
link fence area for their bulk materials in the parking lot. A short time later they did come in and
expand their garden center allowing them to do offloading and have space for the product that is
being priced and put properly in the garden center as well as the stuff that is already in the
garden center for sale. It has been 16 years of dialogue, discussion, and open mindedness on the
part of staff. There were citations issued in 1995. There has been an incredible amount of
dialogue.
Mr. Hickok stated the good news is the Home Depot people understand. They heard testimony
tonight that they can do it within their existing garden center. Because of a communication
problem they had not been doing so. They are not asking to have anything else in their parking
lot right now. They have the largest garden center in all of Fridley right now in terms of square
feet. The City did accommodate them when they needed additional square foot dimension.
Mr. Hickok stated and how does that relate to the area across the way? That is a tiny garden
center that SuperValu feels they need as part of their product mix--a part of their standard resale,
to be consistent with their other stores within the SuperValu line. The Cub Food stores all
advertise they have a garden center. They had to come up with a garden center plan that was
architecturally compatible with this building and would fit in with the overall PUD there. There
has not been any inconsistency here. If anything, Home Depot has been given consideration for
not just one garden center special use permit, but review of a second and even a third. This
Council and its predecessors have granted very large accommodations to allow them to do what
they need to do there.
Ms. Reynolds stated they have their garden center operational for about eight weeks. She can
understand where it could be at some point in the season a little bit overflowing. She thinks it is
a little bit nitpicky to jump on them about three carts of flowers that can be moved back inside at
the end of the day. It is not outdoor storage. It is temporary placement.
Councilmember Bolkcom stated she disagrees with Ms. Reynolds on the fact that it is not just
three carts of flowers. Over the years it has been numerous things. She goes to the Home Depot
quite a bit. They have to remind themselves they are here to look at a special use permit that has
a stipulation in it. That stipulation is no outdoor sales. Home Depot may want to change it, Ms.
Reynolds might want to change it; but there is a process to do that. It is not for City to take this
on. As Attorney Knaak said, they are here tonight to hear testimony and come back with
findings of fact, and there are many different options for Council.
Ms. Reynolds stated but as a citizen of Fridley, she does not want see another business chased
out over something as silly as flowers in a cart or even mulch sitting outside the area. It is not
like they are storing garbage or something. It is part of the business that last eight weeks.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 21
Councilmember Bolkcom reminded her of the Triland conversation, they did have conversation
about plants, plants outside, plants with fertilizer in thern, and watering the plants. As Mr.
Hickok mentioned that development actually would have impervious surface so it could be
filtered out. Right now, depending on what is outside, rains can cause fertilizer to go out into the
streams/rivers.
Mayor Lund stated it is not just about a couple of carts' worth. He recalls issues about the
fertilizer and types of things that can have an environmental detriment. He can recall one time
they had granite slabs displayed outside their front doors. It is not nit picking, they have a
history of it. The City does not want to run them out of town just for some carts, plants, either.
He does not think that would justify revocation quite frankly, and he does not agree with the
statement about just removing the stipulation either. It was placed in there; he thinks there is
validity having it in there. He is not willing to make an exception because they might as well
throw outdoor storage out the window, having that restriction. Ms. Reynolds' point is well
taken. There have been some interactions. He is going to ask Mr. Tesmer to reply as to whether
they would like some dialogue with staff about some other options similar to Triland.
Mr. Tesmer stated tonight he views it as a conversation around the issue they are having. Can
they have other conversations? They absolutely can, but he does not think that is on the
Council's agenda this evening. Recent knowledge about a piece of grass they previously had no
knowledge they owned, that piece of land does not have a value to them. Could it have some
value to the City of Fridley and could there be some declaration in the future? Absolutely.
Could they have discussion about an architecturally-correct garden center? He would welcome
that conversation, but that is not the issue here tonight.
Mr. Tesmer stated he is here tonight saying they can live within the stipulation the City has, and
they will. If in the future they want to have conversations about other things, he welcomes it.
He assumes the City would as well, but he views these as two completely separate issues.
Mayor Lund replied, he agrees and appreciates Mr. Tesmer's candor in saying that Home Depot
can live within the stipulations and are okay with them.
Mr. Tesmer stated would they welcome that? He absolutely thinks they could drive more
garden business if they had that, and they would welcome something like that. They could hire
more people to work at Home Depot if they had it. How much extra comp would it be? He does
not know but he knows it would be a few percent, and a few percent on two million dollars'
worth of garden business is some money that allows him to hire some people.
Mayor Lund stated from what has been talked about here, it would be of interest to the City if
Home Depot wants to look at the situation if it is a hardship for them. It is better to approach the
staff on something rather than staff having to repeatedly inspect or check.
Mr. Tesmer stated, yes, it is time the City does not have to spend doing that either. Agreed.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 22
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 9:28.
Mayor Lund asked whether Council would like staff to do a findings of fact for revocation of
the special use permit as they have been discussing at the public hearing and give Council an
opportunity to discuss that and how they may want to proceed at the next Council meeting.
Councilmember Bolkcom asked whether the Mayor would entertain they wait until October 10?
The next meeting is next week and would not allow them time to work out a lot of details.
Mayor Lund asked staff if they had issues with a delay with waiting until October 10.
Ms. Jones stated the findings of fact have already been done.
Councilmem6er Bolkcom stated there is more information here tonight and she would not like
to do it next week.
Mayor Lund stated he is not against waiting until October 10.
Mr. Hickok replied, staff has no problem with coming back with it in October.
Councilmember Bolkcom stated and she would like staff with the City Attorney look at
whether they revoke this and have a new special use permit with stipulations and have a review
process, or table the revocation until say like July 2012.
6. Consideration of Amending the Fridley City Code, Chapter 206, to Include Sanitary
Sewer Cleaning Services to the List of Licensed Contractors.
MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 9:29.
James Kosluchar, Public Works Director, stated the City's sewer supervisor indicated the City
has had about half a dozen cases in 2010 where contractors partially blocked sanitary sewer
mains during their service cleaning operation. Staff believes a licensing process would protect
residents by identifying procedures that sewer cleaners need to follow.
Mr. Kosluchar stated sanitary sewer contractor licensure would include mailing procedures for
notification to the City when the sewer lines are cleared, avoiding the potential for main backup;
providing for communication to residents, including important City policies that they need to be
aware of, and making sure contractors have adequate insurance.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 23
Mr. Kosluchar stated they propose a change to Chapter 206 of Fridley City Code, basically
adding a sewer cleaning contractor as a licensed contractor in the City. They are having a public
hearing tonight. This is not required for this particulaz ordinance change, but staff felt it was a
good idea and Council agreed. The first reading of the ordinance could be as soon as September
19, and the second reading on October 10. If approved this fall or any time prior to January 1,
2012, they could have these in process.
Mr. Kosluchar stated the draft application staff has drawn up, which has been sent to some of
the contractors, is an annual application. There would be a nominal $35 fee. Originally they had
talked about a$100 fee, and there is a$35 fee stipulated for a contractor's licensure generally
with the City so they thought they would be consistent.
Mr. Kosluchar stated the draft application includes contactor's liability and workers'
compensation insurance certificate, a background check, contractor's acknowledgment that they
will disseminate information provided by the City of Fridley, and notification of the City by the
contractor when cleaning of sanitary sewer services is performed.
Mr. Kosluchar said the Public Works Department sent a letter, draft ordinance language, and a
draft application to 15 contractors known to work in the City of Fridley and contractors listed in
the Fridley yellow pages. The City has received three comments. One letter from Drain King
Sewer and Drain Cleaning dated September 9, one call from a contractor and one call from
Senator Pam Wolfe's office calling on behalf of a concerned contractor about the proposed
licensure.
Mr. Kosluchar stated in Drain King's letter there was concern expressed about finding a
contractor at 2 a.m. and if permits are required to be pulled the cost is passed onto the consumer.
The City's response is that every job is not required to be licensed under the proposed process.
The City is available on-call if required to assist locating a licensed contractor. Drain King
asked the question about whether a building sewer cleaning contractor would license only
internally. The license would require internal drain cleaning as well, and the sewer connections
to the main and within the City rights-of-way would be the sewer cleaning the City would
license.
Mr. Kosluchar stated Drain King pointed out no other city in the metro area licenses these
contractors, and they are correct. Actually statewide staff could not find another City that
licenses these contractors. Staff has talked with the League of Minnesota Cities Insurance Trust
and they support such type of licensure. They are very interested. Drain King also added that
licensing creates no issues for them, and staff expects no issues would be created for any
reputable contractors other than there is some additional process and paperwork on an annual
basis they need to provide and a small fee.
MOTION by Councilmember Bolkcom to receive a letter from Drain King dated September 8,
2011. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 24
Councilmember Bolkcom asked about the other contractors' comments.
Mr. Kosluchar replied the comments were related to the application and the depth of
information requested in the application form. It was a four-five page application. Some of
those pages are breakouts and attachments from other types of applications for a contractor
license including a background check which was a single page. Staff had a supplement that was
one and one-half pages, and it included a list of vehicles that would be used by the contractor.
The one comment was that may be unnecessary, and he agrees that it may be unnecessary. The
City does use that, however, for other contractors. The other comment was whether the
background check was necessary.
Councilmember Bolkcom asked if Council had received a copy of the application.
Mr. Kosluchar said he thought it was provided in the packet.
Councilmember Bolkcom asked if that application is the normal routine for anyone who applies
for a permit.
Mr. Kosluchar said he thought for three types of contractors, it is about five or six pages.
Councilmember Bolkcom asked what kind of questions it goes through.
Mr. Kosluchar replied, basically there is on page on insurance—liability and workers'
compensation.
Councilmember Bolkcom asked if they had to show the City a copy of that.
Mr. Kosluchar said there is an introductory page as well that is general information on the
business and insurance information. There are some questions related to sewer work and
acknowledgments that they will contact the City when they do cleaning, etc. There is a signature
page. The background check is the final page.
Councilmember Bolkcom asked if that was the normal routine for anyone who applies for a
permit.
Mr. Kosluchar replied, those are actually licensed through the State. For the City's contract
licensure, there are two groups. 4ne is very similar but does not include the background check
and then there is the group that is actually processed by Finance and Public Works, and those do
require a background check.
Councilmember Bolkcom asked if someone has a problem at their home, how they would know
the contractor is licensed in the City
Mr. Kosluchar replied there are a couple of inethods. They could provide them with their
certificate. The City does list contractors on-line.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 25
Councilmember Bolkcom asked what would happen if they do not have a computer.
Mr. Kosluchar replied, when they do any kind of emergency repair or maintenance, including
sanitary sewer or water utility repairs, if the contractor does the work without a permit, they
obtain a permit as soon as possible.
Councilmember Bolkcom asked but this is not a permit, this is a license. They do not have to
have a permit for every job they do.
Mr. Kosluchar replied, correct. They do not have to have a permit for every job they do. If
they do not have a license and they are saving your basement from being flooded by cleaning out
your sewer drain, the City is not going to object. The City will request they obtain a license as
soon as possible thereafter.
Councilmember Bolkcom stated unless you have someone you work with all the time, you start
dialing and whoever promises to come right away is who you get. There might be ones who do
not have a license. In the meantime, say they do have a license and they clean it out for her and
they might push something out. Then what does that person who has the license do and if it is
after hours. How does that prevent the next person over from having the same problem because
they have pushed it out and now it has gone over into theirs?
Mr. Kosluchar replied, they will leave a number for them to call and contact the City.
Councilmember Bolkcom replied, and someone would go out and inspect that night?
Mr. Kosluchar replied, they have a person on duty 24-7 so they could make a determination
based on a conversation with the contractor if they were able to converse with the contractor.
T'hat might be shallow, flat, which might be subject to back up. They would then be going out to
check on it.
Councilmember Bolkcom asked how would that person on-call know that? They do not have
all that information at home.
Mr. Kosluchar replied, they would be getting a phone call from the contractor. And if they did
not talk to them in person, the number would roll to their pager and would be called out.
Councilmember Bolkcom asked is he saying, if she had a sewer backup at her home, and she
has a licensed person, they call this number and leave a message, "I cleaned out Ann Bolkcom's
line" and the next thing that person would go out and inspect it? How would that protect her two
neighbors on either side?
Councilmember Saefke stated the City keeps telling citizens if you have a sewer backup, the
first number you should call is the City so they can check the main line first before you get too
involved with your personal one because you may not be the only one having a backup. It may
be in the main line. And so you already got your weekend duty person on call who has already
gone out to check the main and typically they would help provide the homeowner with people
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 26
you may know who are licensed or give other advice as well and leave a number where the
contractor could call them so they could check the line afterwards as well.
Councilmember Bolkcom stated she would bet not half the people who live in Fridley know to
call the City first.
Mayor Lund stated the City has tried to advertise that on numerous occasions. Most people are
not aware of it and do not think of that when it happens.
Councilmember Saefke stated he also thinks the homeowner has a little bit of a personal
responsibility as well. Not to say that in an emergency people are not going to call the first
plumber they can find to come out and do it. However, there should be some due diligence, just
like in any other activity or contract you may want to hire. The vast majority of sewer
contractors are above the board and honest; however, once in awhile you might get a clinker.
Dr. Burns stated and the City has experienced that.
Councilmember Saetke replied also most citizens are unaware the City will televise your home
line free of charge. That service is provided as part of the resident's service from the City's own
sewer department.
Councilmember Bolkcom asked she does not understand how someone having an actual license
makes it different.
Councilmember Saefke replied it is like any other service. You have to take a little
responsibility yourself.
Councilmember Bolkcom stated you can use a licensed contractor and still have problems.
Councilmember Saefke stated you can be a licensed electrician and they can sell you stuff that
you do not want or need.
Councilmember Bolkcom stated that is the only problem she is having. This is not going to
solve that with people who do that now.
Dr. Burns stated there have been a number of incidences of fraud in our own City from sewer
cleaning outfits where people were forced to pay for something they did not need. A licensing
process allows the City to keep a record of these. It may not know about all of them, but the
process itself allows the City to set something up where they screen and take note of complaints
about a given company.
Councilmember Bolkcom asked if there is something in the licensing process that will allow the
City not to provide a license legally? Can the City say someone cannot have a license?
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 27
Mr. Kosluchar replied there are two things important to him in the licensure. One is the
notification by the contractor. If they fail to notify frequently, the City knows on repeated events
it is not a mistake that they fail to notify. If they purposely fail to notify, the City talks with the
attorney and suggests a method to reject or revoke their license. If they continue to try and work
in Fridley, then they go down another road with some method of enforcement. He does not think
they would have to go there. The contractors in this town would abide by that communication
requirement. The other requirement is to make sure that any of the clientele they approach in
Fridley has information relating to the City's policies on sewer maintenance and that the
contractor is not telling them you own to the right-of-way line. It is the City's responsibility to
maintain the rest of the sewer service. This incorrect according to our ordinance, yet people will
adamantly stand there and live with a backup and wait for the City to come and rescue them from
their own service they are responsible to maintain. That is a very limited bit of misinformation.
There are bigger pieces of misinformation that do get floated around to the homeowners and
sometimes puts the homeowners in a position where they feel they have to do something they do
not necessarily need to do.
Councilmember Barnette stated what is interesting is that Mr. Kosluchar mentions, for
instance, plumbers, electricians, and so on are licensed by the State. Why is it that sewer
cleaners have always apparently been forgotten?
Councilmember Bolkcom asked why we are the first City to do this.
Mr. Kosluchar replied because each City's policy on its utilities is different.
Councilmember Bolkcom stated she finds it hard to believe other cities are not concerned about
those things.
Councilmember Barnette stated he has had the situation where he had a large group over, say
for Christmas, and then have a sanitary sewer backup. You want to have it taken care of right
now. He knows a couple who do it as a business but apparently are not licensed. He is going to
call them right away. That is what he is going to do as a homeowner to get the problem taken
care of. He is probably not going to call the City or go through the phone book. He asked how
this was going to change that?
Mr. Kosluchar stated there are about 15 total contractors the City knows of who either work in
Fridley or who are in the yellow pages. They are probably going to know about the City's
license procedure. On the outside chance they do not, again, the City is not going to impede any
kind of emergency service; however, if the City knows about it they aze definitely going to ask
them to license themselves in Fridley. At some point, all the contractors would be licensed in
Fridley and would not have a problem with being licensed.
Councilmember Bolkcom asked if she is a plumber, already licensed, does she need a license in
Fridley to clean the sewer lines?
Mr. Kosluchar replied, certainly.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 28
Dr. Burns stated this idea came up through the Council/Commission survey process. It came
from our sewer maintenance foreman. He thought there was a need for it.
Mayor Lund stated he believed this came about from his request looking into licensing, and he
was surprised to find no other cities had it. The purpose was because from time to time every
year there have been several cases in the City where a larger backup problem has been caused by
shoving whatever is in the lateral into the main. It would be great if they would all voluntarily
notify the City when a sewer contractor/plumber cleans out the sewer of somebody's home or
business so the City can do an inspection of the main. There are cases every year where multiple
homes get backed up.
Mayor Lund stated it was really an exploratory thing to see about licensing and see how that
might better aid us and others. He only brought it up because he saw that every year the City has
this issue. Will the City get compliance from having licenses? No. However, in the industry
they tend to self-police. The fee is only to pay for staff's time to do the background check.
Councilmember Bolkcom asked, how many times a year are they talking as far as the main
sewer backing up into other properties?
Mr. Kosluchar replied, he cannot say they have had many backups. They have had about half a
dozen instances in 2010 where contractors left debris in the main.
Councilmember Bolkcom asked how the City heard about it.
Mr. Kosluchar replied, usually what happened in those cases was the owner needed to do some
additional repair work or requested the City's televising service and then they found out about it.
Councilmember Bolkcom stated so they had the work done and they called the City.
Councilmember Saefke stated not only is it dangerous but you can get hepatitis. There are all
kinds of nasty germs. He understands the League of Minnesota Cities is kind of interested in this
particular ordinance, and he can see their interest in it because he thinks it protects the City in
some aspects, especially when it comes to liability on sewer main backups. If a contractor fails
to notify the City, the contractor has some liability then if the main itself is plugged and another
basement gets flooded which brings to mind one other thing kind of an aside to the last comment.
If you do have a sewer backup and, this is from his experience, if the water continues to rise.
You have two things to think of. One, someone is running water in your house and you do not
want to do that at all. Second, if it continues to rise, the City main may be suspect even though
they are supposed to be checking valves in floor drains, etc. Also, if you do have a sewer backup
and you suspect it is in your own line, until you get it repaired or fixed, do not use any water or
flush any toilets or do any laundry or anything like that because it would just get worse.
Councilmember Bolkcom asked if they could just contact the different plumbers and drain
cleaners, and send them an informational packet telling them when they are in the Fridley you
need to do these things.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 29
Mr. Kosluchar replied, they could try and have them voluntarily do it. The City has repeatedly
requested some contractors to contact the City. Part of the problem is that they change staff.
Councilmember Bolkcom asked once the contractor, plumber or drain cleaner calls the City and
it notices they have pushed something up there, does the City push it back?
Mr. Kosluchar replied, no, they collect it and dispose of it. That is another free service the City
provides. They just have to be notified, that is all. Part of the protection here is for the
unknowing neighbor who might not have any idea their neighbor has a backup and the neighbor
happens to be downstream.
Terry Overacker, 502 East Main Street, stated he is a plumbing contractor. He is also the
contractor who called Mr. Kosluchar. He does not oppose the license. It is $35 a year which is
not a big deal. He has some issue with the application itself. His company is reputable. If you
go home tonight and your sewer line is plugged up at 2 in the morning, you call his company, he
is the guy who is going to answer the phone and he will ask how can I help you. He said he
started his company in Fridley in 1997. To this date he has not received a packet from the City
of Fridley informing him of what its procedures are to clean the drain. He talked to Jim but that
was just on Friday. He can assure them a homeowner could care less about the City's telephone
number when they have water and sewage backing up in their basement.
Mr. Overacker stated if the City wants to license a program so everybody is on the same page,
and it is a level playing field, that is awesome. His company carries $4 million worth of liability.
The difference is he was also the contractor who was off of East River Road a few years ago and
cleaned a house sewer across the street and directly across the street, a day and a half later, the
City cleaned its line. Blockage from a block up the street flowed downhill and put three feet of
sewage in a person's basement across the street. His customer called him, thinking he had
something to do with it. Mr. Overacker goes out there. They go across to look at his house, and
he called the City and immediately it started being resolved.
Mr. Overacker stated Fridley is the only one that wants to do this. Is Fridley going to set
precedence in Minnesota? Absolutely. Is it a good thing? He does not know. They will have to
tell him in five years. On the draft he received of the application, there was a series of
information about vehicles. Every seven yeazs they give you a new set of tags for your truck.
His staff wili not remember to call the City and tell them they got new plates on the truck. He
buys trucks all the time. Every year they buy a brand new truck, they retire a truck. He will not
remember to call and add that. They got the billboard on the side of the truck that says, "Terry
Overacker Plumbing Incorporated" and big phone numbers. He can be seen two blocks away
and can be seen who is cleaning that line. He does not think that part is going to work for the
City.
Mr. Overacker stated regarding the sewer packet the City wants to hand out, his employees
complain now because he gives them too much literature to give to his customers that pertains to
his company. If they are dispatched and the closest guy says he is out of packets and the
customer does not get a packet, is Mr. Overacker going to get a letter saying you did not give a
packet? Maybe if the customer calls the City. However, there are customers who do not even
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 30
want to talk to the City because they do not want inspectors in their house. On the other hand,
with the application, they have a background investigation check. If a reputable company is
going to drug test their employees, they are going to do a background check and a criminal
check. These guys are handling thousands of dollazs of his money. He wants to know who they
are. There is always going to be a company who is going to beat the system and do it every day.
Mr. Overacker stated he thinks this goes a little deep. He does not have anything to hide at his
company. His company would pass this with flying colors, but he is not the guy going into the
house. He is sitting at a desk a minimum of ten hours a day. His guys are going in and out of the
houses, and the City will not have their information. He told his guys, okay, we are all going to
go down to the City of Fridley and fill this out. Even though they are great guys, they are going
to think their privacy just got invaded because of a job.
Mr. Overacker stated regarding the process of cleaning the drains, he has been doing it since he
was 14 years old. No. 1, when you clean a drain, if you just have an electric auger and it goes
down there with four or six inch cutters in that four-inch line, if this pipe is a 100 feet to that
house is full of water, anything you cut loose in the process is going to flush into the City's main
drain and there is nothing they can do about it. Most companies that clean drains cannot afford
cameras. That is a$12,000 investment for one truck. He has five trucks on the road today. That
is $60,000 he has to put in his trucks to do what they want him to do which is a major burden.
Mayor Lund stated he has not heard anyone talk about having that.
Mr. Overacker stated it was when talking about whether the plumbers/drain cleaners should
camera. He personally feels if he has a line that is clean, it should be cameraed. Unfortunately
as a business they cannot do it for free like the City can. So they have to charge for that service.
You are doing that customer a service to make sure you get all the roots cut. Unless it is
presented to people, they do not know that.
Mr. Overacker said he is curious to know what the City provides to the customer, for instance,
if you have to dig the lineup. He knows about the City providing the camera as they have been
out on a couple of jobs his business did. Regarding notifying the City, again, unless you live in
Fridley you do not get the paper that says, notify the City. He has been open for 19 years and
never received a letter from the City. He personally thinks it is a great idea if the City wants a
contractor to call and protect somebody from being flooded out. He also knows he does not have
a phone number to call. If the roots are minimal, if there is a big bog then they have to call. If
Councilmember Bolkcom had her line cleaned out tonight and tomorrow Councilmember
Barnette goes in and cleans his line, which put the roots in the system that floods up the line? Is
the City going to go to his insurance company and say, hey, you cleaned up this line and it
plugged up this guy's house. However, the guy up the street may have actually done the damage
and Mr. Overacker gets the bill for it. His insurance company will fight that tooth and nail he is
pretty sure. He thinks it is a great idea to go out and flush that main like they did off of Fairmont
that time. However, it is that middle of the night call the City is not going to get. He would not
want to carry the packet as he has enough of his own paperwork to hand out, but he would
certainly carry a laminated card in his wallet for emergency services. The City could provide the
card for every plumber/drain cleaner and they could put it in their truck.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 31
Mayor Lund stated to Mr. Overacker they will certainly take his comments into consideration.
Joan Zmuda, 6051 Fourth Street NE, asked regarding the background check, who is that going
to be done on, the owner? Is it for all the guys who work for the company?
Mayor Lund replied, it would be the applicant, the license holder or the owner of the
establishment.
Ms. Zmuda replied, as an old lady who lives alone when she has somebody come in her house
to clean her drain, she would like to know they pass this thing. If they are going to do a
background check, they should do it for all the employees.
MOTION by Councilmember Barnette to close 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 CLOSED
AT 10:18.
Councilmember Bolkcom asked when this would come back to them.
Mr. Kosluchar stated they could bring it back at the next City Council meeting.
Mayor Lund asked staff whether they feel confident they can look at the issues without further
discussion within the next week.
Mr. Kosluchar replied the draft of the ordinance language is very simple and they could just
basically add sanitary sewer cleaning contractor to the list of contractors. It is more on how they
process the application. He asked if they wanted to go forward with licensing contractors.
Mayor Lund replied, he is okay with next week.
Councilmember Bolkcom said if the ordinance was on their agenda next week, she would vote
against it.
Councilmember Barnette stated he felt the same way. No other cities have done it. The State
has not done it. Are they just adding another burden on the City that probably is not necessary?
He would have to give some thought to it.
Mayor Lund stated it would save the City in the long haul from having multiple or larger
problems.
Councilmember Bolkcom stated she would still like to know how many times a year the City
has a problem.
Mayor Lund stated last year they had six that they know of.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 32
Councilmember Varichak stated it is nice to be the ones who first start it but not for the sake of
just starting it.
Councilmember Bolkcom asked could they do an informational packet with just a little sticker.
Mayor Lund suggested they bring it back for further discussion.
Councilmember Bolkcom asked if they could also see the application.
Mr. Kosluchar replied, he will provide them.
NEW BUSINESS:
7. Resolution Certifying Certain Lands Forfeit in Anoka County, Specifically 8100
East River Road, and Recommending that the Property be Retained by the Anoka
County Highway Department for Use with Future Improvements to East River
Road (Ward 3).
Mr. Hickok, Community Development Director, stated as part of the standard practice, the
County has asked when it reaches the point of tax forfeiture for the City to certify its forfeiture
status and also to indicate costs it had into the property, etc. This is the site of the Texaco station
that was badly damaged by a fire, and the owners chose not to do anything about it. The City
had to act and, as a result from the cleaning up that site the City has accumulated $83,168.48.
The County asked the City to sign a resolution earlier in the year. The City asked the County for
an extension to work with the County Highway Department to see if they might have a need for
that property.
Mr. Hickok stated one thing the City wanted to make sure of was that communication happened
between the County Highway Department and the land title office and they wanted to see if there
is a way, since this property has gone ta�c forfeiture, for getting the City's abatement funds back.
The County's position on that to the Highway Department was the City would not be able to
recover those funds. The City has had some good discussions with the Highway Department.
They agreed to at least future discussions on ways to offset the City's costs that it has in that site
with future city side costs on that corridor improvement project.
Mr. Hickok stated he recommends Council's approval.
Mayor Lund stated he for one does not want to give it to the County unless they are getting
reimbursed those funds.
Mr. Hickok stated the only problem is the property does not belong to the City. Through the tax
forfeiture process what this resolution does it starts them on their way then to putting up the
property up for sheriff's auction. Instead of having this just go as a standard certification as tax
forfeit and being put on the next roster for sheriff's auction, the resolution will be pointing out
the County highway department is interested in it and, by them having it, that may be the City's
way to get back funds it has invested in the site because they need it; and the City will have some
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 33
costs in that improvement project somewhere along the line. They may be willing to offset those
costs for what the City has invested in it.
Councilmember Bolkcom asked if it is a buildable lot.
Mr. Hickok replied, it is zoned commercial. It is a C-2 zoning which would require 20,000
square feet.
Councilmember Bolkcom stated it is a buildable lot. It could be sold to someone as
commercial property, and could go back on the ta�c roll. We would then get some money back.
She asked what the City's costs would be for the improvements.
Mr. Hickok replied right now the opportunity for the City to get the money back for the
abatement is slim. The taaces owed on this parcel are owed to the County. The County in
essence has the claim to this property, and the County would hold it if they needed it for their
highway purposes. In the future when they are doing their work on the realignment of the
roadway, they may have a purpose for it and may be interested because the City has already
taken on the expense of cleaning it up and making sure the tanks are not underground. They
may be interested in helping the City out with an offsetting cost somewhere in the process.
Councilmember Bolkcom stated she cannot see where they would want to give the City some
money back. Yes, it does make sense for the City to be part of that realignment; but they already
invested $83,000. If push comes to shove, put it back on the tax rolls and get the money back.
Mayor Lund stated, yes, but it has been pointed out the City does not have that right because
they are going to take it.
Councilmember Bolkcom stated, right, but if it was sold to someone, and became a commercial
property, it would go back to the tax rolls.
Mayor Lund replied but they will not let it go to Sheriff's sale. They have the first right to it if
it goes to a Sheriff's sale because there are taxes owed on it.
Mr. Hickok stated the Highway Department has indicated an interest in the property.
Councilmember Bolkcom asked they needed a resolution.
Mr. Hickok replied, state law. State law requires the local jurisdiction to certify the property
when it becomes tax forfeit. It is an obligation.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-38. Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
G OF SEPTEMBER 12, 2011
8. Approve Change Order No. 2 to Valley Paving, Inc., for 2010 Street Rehabilitation
Project No. ST2010-01.
James Kosluchar, Public Works Director, stated this is the final change order for this project.
The change order includes all additions to the eastern area of the project. They had a prior
change order that included both the western and eastern areas of the project. The first three items
aze related to repaving that happened on Mississippi Street, east of Central Avenue. That was
where the pavement kind of rolled when you drove over it. It was uneven. Staff worked with
County and initially they were trying to determine the cause. Staff did some additional testing
and found out the mat was uniform, so that County agreed there was apparently a base issue with
those areas and the paving. This would be the $19,633.53 for these three things which would
basically be a County cost. The County agreed the change order should go forward with these
costs included.
Mr. Kosluchar stated Item Nos. 4 and 7 and 12-15 are grouped together because those are all
related to Central Avenue and reconfiguration of the intersections, one at Rice Creek Road and
two at Mississippi Street, but mainly at Rice Creek Road. This was because Anoka County was
working with the City on a reconfiguration of that intersection. The City did not receive it in
time to incorporate it into the initial plan, and staff knew there were going to be some changes.
Mr. Kosluchar stated Item Nos. 8-11 are related to substandard base in the eastern area on three
street segments. The City added approximately one-half inch of asphalt depth on these three
segments. They included River Edge Way, Ben Moore Drive, and Kerry Lane. They were
deficient in the base once the asphalt was removed; therefore, the City had to add additional
thickness of asphalt.
Mr. Kosluchar stated the final item, Item No. 16, is a water valve manhole on Mississippi
Street, east of Highway 65. There was a water valve manhole there which was unmarked and
actually not visible when the survey was initially done for the project. When they milled down,
the contractor discovered the manhole.
Mr. Kosluchar stated the total of the change order will be $54,185.37; and it raises the contract
to $986,062.72. Of that amount, $28,2g9.25 will be reimbursed by Anoka County. That will
leave $25,896.12 which will be paid by the City from its MSA account.
Mayor Lund asked if all the corrections through Valley Paving have been made that the City
identified last year.
Mr. Kosluchar replied, it is his understanding that all those corrections have occurred. There
are some turf issues remaining, but those actually did not crop up until this spring; therefore,
those were not on the initial list last fall. In addition, this change order does not include any
adjustments that were discussed previously. Staff discussed some of those adjustments, such as
they have a handful of deduct items, with the contractor. One of those includes liquidated
damages. Those will be included on the next pay request.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 35
Mayor Lund asked if that is still an item of contention or disagreement between the contractor
and the City on liquidated damages.
Mr. Kosluchar replied staff has spoken with the City Attorney on a couple of occasions about
the how to process that. Basically the City will deduct it off the next payment.
Councilmember Varichak asked whether this is still under budget.
Mr. Kosluchar replied, he does not have an answer yet on the numbers. He can certainly
provide that to the City Manager to forward to them.
Councilmember Bolkcom questioned how the amounts add up.
Mr. Kosluchar stated the total cost for Item Nos. 8-11 should be $24,521.
Councilmember Bolkcom asked about the City paid for something and did not know about it
right away but it is settled after the compaction.
Mr. Kosluchar replied, it was within a day or two. He thinks he actually had a call the next day
about the road surface. Staff was out there that night and saw it.
Councilmember Bolkcom asked if the contractor knew.
Mr. Kosluchar replied, no, it was settling as the City was paving. Staff pointed it out to the
contractor, but it was on their last pass of the day. They were actually very close to the end of
their final paving pass. Staff pointed it out to them before they left and talked about it trying to
figure out what happened. They made some adjustments the next day in the rolling intensity and
reduced it from what the contract required and they did not have the same problem on the south
side.
Councilmember Bolkcom stated but in the meantime, they did the whole thing and they did not
notice it. It was $19,000 more because it had to be milled and paved again.
Mr. Kosluchar stated what happened when they were paving this section of street, they lay the
asphalt at a thickness, they try to define their yield, they lay it down, and they basically come in
with their rollers. As they were rolling it, that is when they started to see the warping of the
surface. Once they get the finish roller on it, you are done.
Mayor Lund asked if the contractor had some liability to perform under the contract and if so,
why are we paying for the change order rather than the contractor.
Mr. Kosluchar replied, certainly. That was the position of staff and the County. He thinks what
everybody came around to is the fact that based on the pavement cores they took, etc., there was
no evidence there was any kind of problem with the paving method necessarily. It had to do
with either the compaction or the solids or a combination. In the end the County said they would
accept the request for the change order.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 36
MOTION by Councilmember Varichak to approve Change Order No. 2 to Valley Paving, Inc.,
for 2010 Street Rehabilitation Project No. ST2010-01. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Motion to Approve Automatic Meter Reading (AMR) System Implementation.
Mr. Kosluchar, Public Works Director, stated since the water system is from about the 1960's,
staff has looked at the reader replacement schedule in recent years and typically AWWA
standards says 20 years after installation. Fridley's meters are about 30 years old and are
currently being replaced on a 40-year cycle. The City has been looking whether they should
accelerate this meter replacement program. One percent of lost billing equates to roughly
$60,000-$70,000 per year. It is not only water revenue the City is talking about, it is sanitary
sewer as well, because the sewer obviously is based off of a metered amount.
Mr. Kosluchar stated staff has been studying implementation of AMR, along with meter
change-out for the past two years and continued to research available options until recently.
Residential currently is typically a self-read local meter. Commercial typically has an AMR
device already installed that enables the City to read in difficult conditions. A lot of times the
meter pits are difficult to access in commercial establishments. Industrial establishments require
security clearances, etc., and it is time-consuming to read those. In addition, non-readers get the
AMR's installed after a certain number of cycles of no readings for residential properties. The
City uses an Itron AMR system, and it is a drive-by AMR system. About 10 percent of our
8,800 meters are currently AMR.
Mr. Kosluchar stated the benefits for the utility of AMR systems include reduced meter reading
costs, ability to access difficult-to-read meters, improved customer service because staff can feed
back information more quickly, meter reader safety in difficult to read locations, reduced read-
to-bill time, improved leak detection and fraud indicators (can be converted to smart readers at
some point where they can indicate a suspected water leak because of sudden high consumption),
and also reduced workers' compensation risk.
Mr. Kosluchar stated one of the customer benefits of AMR systems is accurate and more
frequent billing statements can be done. There is improved customer service. The City can
provide detailed usage information, because it is electronic and downloadable. There is
improved meter reading accuracy through the reduction of errors and manual readings. There is
improved consumption information for tracking and budgeting purposes for the City.
Mr. Kosluchar stated there are two main types of AMR systems. One is a drive-by where a
vehicle is equipped with a radio read data collector which is what Fridley currently has. Staff
collects the readings by driving a vehicle around the intended route which is in close proximity
of the computer. The data is downloaded at the billing office. There are lower up-front costs for
this type of system, but it has higher operational costs including fuel, vehicle, and employee time
to collect the data.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 37
Mr. Kosluchar stated the fixed network is newer type of AMR system and it is because
technology has improved so that transmission from meters to a location has a longer range.
What happens is you have six mounted antennas that collect data. The receiver is connected to a
central processing unit or computer that catches data from the field. These are more suitable for
densely populated areas such as Fridley and urban areas. One of the advantages is the ability to
capture readings on demand or on a more frequent basis.
Mr. Kosluchar stated if they look at the existing AMR meter locations, there is really not a
pattern. Staff has held a number of ineetings with the City Manager, Finance Department, and
Public Works staff to determine the best course. Staff has done interviews with the vendors, and
interviews with other cities which are in different stages of migrating to an AMR system. Of
particular help were interviews from agencies, such as Roseville's Water Department who in
2010 were awarded a contract for AMR implementation.
Mr. Kosluchar stated they have narrowed down the process. One option would be a complete
contract change-out for about $2.2 or $2.5 million. The City of Fridley could change out the
entire system with new AMRs. The advantages include the quickest method to get to a
functioning fixed network and limited impact on staff resources. The disadvantages include the
cost. It is the highest-cost alternative, difficult selection process, and a sharp learning curve for
staff. Basically, everything is implemented at once and while, they would expect some training,
staff would be basically on its own at some point with the entire system.
Mr. Kosluchar stated another option would be select purchase equipment and contract
installation. This alternative staff has kind of developed as a medium alternative which would
implement over four or five years a complete AMR system. The City would provide services in
this case such as meter installation to reduce costs. It would basically hire some additional
seasonal personnel to do installation. Advantages to this approach include getting network
installed soon with some savings vs. a complete change-out by contract. Disadvantages include
cost, most difficult, and the process would impact workload. Staff actually developed an RFP
for this option to kind of determine what they would want to incorporate in this option.
Mr. Kosluchar stated the last option staff discussed was self-implementation. Under this
alternative, the project would be implemented over 10 plus years. Maybe 14 years. The City
would purchase new equipment and install. There would be a gradual migration to a fixed
network. This is similar to what the City is doing right now except on a little more accelerated
pace. The advantages include the fact that this is the lowest cost option, roughly $1.4 million
over time, and staff is familiar with the system. Therefore, it would require less staff workload.
The disadvantages are slow realization of a fixed network system and benefits thereof.
Mr. Kosluchar stated in early 2011 as staff was evaluating these options, new technology from
the City's current vendor made what staff thought is the most viable option. There is a new
meter transmitter that can be migrated from a drive-by system which the City currently has to a
fixed network. The City can migrate this network at any time from a drive-by network to a fixed
network at some future point.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 38
Mr. Kosluchar stated staff recommends the City do the self-implementation option with
updated equipment compatible with the metering system it has which utilizes existing AMR
capabilities without a third system in place. Staff is familiar with the system, it is low cost, and it
is budgeted. Right now it is under our CPI budget. With the City's new radar purchased in
201 l, our range is extended and quite good, so staff is much happier with the existing AMR than
they have been in the past. The new meter transmitter they have is incorporated to a single unit
which is a nice feature because it avoids having to have a transmitter mounted on the basement
ceiling and wired, especially in unfinished basements.
Mr. Kosluchar stated on Council's approval, the City would purchase the meters this fall and
installations would start in 2011 and would continue on an annual deployment after that. Staff is
recommending Council approve moving forward with the AMR implementation as described,
with the installation of 500 meters plus or minus annually.
Councilmember Bolkcom asked if it is in the budget now and asked if they knew what the cost
would be.
Mr. Kosluchar replied, it is about $95,000 for 500 meters; and it is in the City's budget. There
is actually $150,000 in the budget but that did include upgrades to the City's collector.
Councilmember Bolkcom asked who has installed the City's AMR so far.
Mr. Kosluchar replied, staff has been installing the transmitters in the most recent rounds.
Other cities have been installing them piecemeal. No other cities have installed a full-blown
system yet because the meter transmitter is so new. It just came out in early 2011.
Councilmember Bolkcom said she thought they were going to look at a fixed network.
Mr. Kosluchar said their idea was to install a couple years' worth of ineters and then have that
location for fixed antenna installation at that point. When the City has enough meters in the field
that makes it worthwhile for the fixed antenna to be out there. As discussed earlier, they would
probably start around Commons Park because the antenna transmitter is going to have really
good range there and they will also have fiber optic connections there.
Councilmember Bolkcom stated she was told the fixed antennas were not that expensive so
why would the City wait?
Mr. Kosluchar replied, one of the things they would have to do is some FCC permitting in order
to install that antenna, so it would probably be pushed off until about a year from now to do that.
It would be probably about a couple of years of installation which would be about 1,000
additional meters more than what the City has now.
Councilmember Saefke asked if staff had taken into consideration that when they change out
the meters, once in a while they wind up with a leaky valve or some other problem? What is the
City's response? Do its own repair work or hire it out to a subcontractor?
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 39
Mr. Kosluchar replied plan is to take the recyclable meters being taken out of service, and any
kind of reimbursement the City gets for scrap value on those meters would go into a pool to pay
for the cost of any of those shutoffs failing. He thinks they would have to do it with a contractor.
The work is going to be so variable and of immediate need. That is one way to pay for those.
Councilmember Varichak asked if the AMR's already installed in people's houses need to be
replaced.
Mr. Kosluchar replied they would in order to work with the fixed network. To work with the
drive-by network, no, not at this time. The whole issue here is range and the newer meters that
are available have a larger range and have the capability to reach a fixed network.
MOTION by Mayor Lund to approve the Automatic Meter Reading (AMR) System
Implementation. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Resolution Authorizing Application for Clean Water Funds for the Oak Glen Creek
Erosion Control Project.
Mr. Kosluchar, Public Works Director, stated a current request for applications has been made
available for State funding through the Board of Water and Soil Resources (BWSR). This is
actually Legacy Funding that was approved by voters in 2008. City staff has identified two
projects that are well suited to be funded by this clean water fund program. Staff has two
resolutions they are requesting Council consider for approval. These authorize applications for
funding and specify provisions for matching funds.
Mr. Kosluchar stated the first part is the Oakland Creek erosion control. The City has been
working with the residents along Oakland Creek, west of East River Road, for the past two years
in regard to their erosion issues with the creek. The Anoka Conservation District (ACD) and
City of Fridley developed a project design to mitigate erosion and subsequent stream bank failure
around river lots from East River Road to the Mississippi River. Most recently staff has had a
couple of group meetings with the residents. At the July 10 meeting, the residents supported an
approach to fund this project, including non-City fund resources. Staff realizes the funding
sources available to the City and the residents were not great.
Mr. Kosluchar stated the project is well suited for the funding program. The ACD would be the
applicant for this project. Unfortunately, because of the difficulty of getting on board with Coon
Creek, Coon Creek did not sponsor this project at this time. Fortunately, the ACD stepped up
and advised they could be the applicant.
Mr. Kosluchar stated cities can provide the match between monies budgeted for the project in
anticipated resident contributions. Basically if the City doubles its money budgeted, it more than
covers the match required for this project. Staff recommends approval of the resolution.
Y CITY COUNCIL MEETING OF SEPTEMBER 12. 201
Councilmember Bolkcom asked about the origin of the funds to match, the $85,000.
Mr. Kosluchar replied, it is $45,000 budgeted in the CIP for this project from the City's
standpoint. The remaining $40,000 could be assessed to the property owners.
Councilmember Bolkcom asked whether it would not come out of some type of storm water
capital improvement?
Mr. Kosluchar replied, storm water CIP.
Dr. Burns, City Manager, stated the City has some money coming from the Clean Water Legacy
Program, there are some assessments, and there is some local participation from the storm water
fund. He asked what the four numbers were.
Mr. Kosluchar replied, $411,000 is the total project estimate. The grant request would be
$326,000; $85,000 would be the match and the components of the match would be the $45,000
that is in the City's storm water CIP, and they would request a$40,000 match from another
source. Most likely starting with the residents and the assessments.
Councilmember Bolkcom asked how long would this take to happen?
Mr. Kosluchar replied, these axe for projects constructed in 2012. Being that staff has a design,
he thinks they have a real good leg up on it.
Councilmember Barnette stated the City has no easements to access this property.
Mr. Kosluchar replied, that is correct.
Councilmember Barnette asked what if residents did not want to do this.
Mr. Kosluchar replied the Anoka Conversation District has done a great job of getting an
assessment as to the level of interest of the property owners. There may be one or two
individuals who might not be interested in providing a permanent easement. There are other
options they can look at, temporary construction easement or eminent domain if that is
necessary. All in all the residents along this route support providing at least access for the
project if not some kind of funding contribution.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-39. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12 2011 PAGE 41
11. Resolution Authorizing Application for Clean Water Funds for the Springbrook
Nature Center Water Replacement Project (Ward 3).
Mr. Kosluchar, Public Works Director, stated this project is for the Springbrook weirs. The
City budgeted for placement of three weirs along Springbrook Creek within the Springbrook
Nature Center property because of corrosion and embankment failure concerns with the existing
weirs put in over 20 years. The City had obtained a commitment of contributing cities under the
former WMO to assist us in payment for replacement of the weirs.
Mr. Kosluchar stated the project is well suited for this program as well. In this case, the City of
Fridley would be the applicant for this project, and the ma�cimum component is budgeted. Staff
recommends approval of this resolution. This particular project does not have any kind of
residential or outside component other than the grant and the City match. The total project
would be $160,000; and the City's match would be $60,000.
Dr. Burns asked whether it would come out of the storm water fund or the Springbrook Nature
Center fund?
Mr. Kosluchar replied, it actually comes out of the storm water fund.
Councilmember Bolkcom asked because it is water that has to be manageable whether the
nature center is there or not?
Mr. Kosluchar replied, that is correct. It provides a great deal of flood control. When they
were looking at river flooding down near Buffalo and the Riverview Heights neighborhood, one
of the control methods was to impound as much water as possible during a peak runoff event at
Springbrook Nature Center. In addition to that, there is a water quality benefit all the way along
Springbrook.
Councilmember Varichak asked if staff asked the Springbrook Nature Center to share in the
expense.
Mr. Kosluchar stated he does not know that there has ever been a past history of that a physical
improvement just because of it being a park and water-related. If things go forward with Coon
Creek Watershed District, he thinks the City would have some leverage on the other
commuriities to participate as well.
Dr. Burns stated that amount would take away a significant amount from the Springbrook
Nature Center's fund.
Mayor Lund stated the Water Management Organization, prior to disbanding, had agreed to do
that. Are they still a willing participant?
Mr. Kosluchar replied, he would think they will be and it would be just a matter of formalizing
the Coon Creek Watershed District with the incorporation of these areas.
P
Mayor Lund stated even though they are making this application for the clean water funds, the
City will still see about getting the new watershed district-affected parties to participate in the
City's $60,000 amount.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-40. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1• Resolution Consenting to the Housing and Redevelopment Authority in and for the
City of Fridley, Minnesota, Adopting a 2011 Tax Levy Payable in 2012.
Councilmember Bolkcom stated she had a question from a resident who was asking how they
can find out how the HRA spent their money. Is there a simple way for them to go on-line and
find that out?
Dr. Burns replied, he does not think the HRA budget is on-line but if someone had a specific
question they can answer it for them.
Councilmember Bolkcom asked if it was something they could put on-line.
Darin Nelson, Finance Director/Treaswer, replied absolutely. He knows Mr. Bolin is working
on something.
Councilmember Bolkcom stated the citizen was just asking for information related to the levy.
Mr. Nelson stated the HRA levy for 2011 would be reduced through the Market Value
Homestead Credit elimination and moving to the market value exclusion. This not going to
affect the HRA for 2012. That levy for the HRA will be based off of 2011 market value. They
can actually determine now what that levy is going to be and this will not apply to the HRA levy
for 2012. However, for 2013 that is a whole different story. The market value exclusion will
dramatically affect the HRA levy.
Councilmember Bolkcom asked how it will affect the City's levy.
Mr. Nelson replied it will shift the tax burden but unknown v�,here.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-37. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
A
12• Informal Status Reports
ADJOURN.
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING
MEETING ADJOURNED AT 11:33 P.M.
Respectfully submitted by,
Denise M. Johnson
Recording Secretary
AYE, MAYOR LUND DECLARED THE
Scott J. Lund
Mayor
�
�
CITY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
OCTOBER 10, 2011
To: WILLIAM W. BURNS, CITY MANANGER��1`
From: DARIN R NELSON, FINANCE DIRECTOR
CRAIG A. ELLESTAD, ACCOUNTANT
Date:
Re:
OCTOBER 5, 2011
RESOLUTION CONFIRMING STATUTORY LEVEL OF TORT LIMITS
Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide
annually whether or not to waive the sta.tutory tort liability limits to the extent of the coverage
purchased. The decision to waive or not to waive the statutory limits has the following effects:
❑ If the city does not waive the statutory tort limits, an individual claimant would be able to
recover no more than $500,000 on any claim to which the sta.tutory tort limits apply. The tota.l
which all claimants would be able to recover for a single occurrence to which the statutory tort
limits apply would be limited to $1,500,000.
❑ If the city waives the statutory tort limits and does not purchase excess liability coverage, a
single claimant could potentially recover up to $1,500,000 on a single occurrence. The total
which all claimants would be able to recover for a single occurrence to which the statutory tort
limits apply would also be limited to $1,500,000, regazdless of the number of claims.
Staff is recommending that the city does not waive the statutory tort limit. In this case the legal
limit of tort liability would be capped at $500,000 per individual and $1,500,000 per occurrence.
Again, staff recommends the Council approve the attached resolution that does not waive the
monetary limits on municipal tort liability established by Minnesota Statutes 466.04.
Attachment
DRN/ce
�
RESOLUTION NO. 2011- ??
A RESOLUTION CpNFIRMING T'HE STATUTORY LEVEL OF TORT LINIITS
WHEREAS, the City of Fridley maintains its insurance coverage through the League of Minnesota
Insurance Trust; and
WHEREAS, the League of Minnesota Insurance Trust requires the City Council to provide
direction in regazd to statutory tort liabiliiy limits for the City of Fridley; and
WHEREAS, under Minnesota state law, if a city chooses to insure itself for an amount in excess of
the statutory limits provided by state law, it will be deemed to have waived the protection of those
statutory limits to the e�ctent of any increase in the insured coverage amount; and
WHEREAS, any increased coverage amount will result in an increase in the cost of insurance to the
City; and
WHEREAS, the current statutory tort limits aze a maximum of $500,000 for an individua.l single
claim, and $1,500,000 for a group of claimants on any single claim; and
WHEREAS, the City of Fridley finds no reasonable basis to extend liability coverage beyond those
amounts provided for under Minnesota law; and
WHEREAS, the City of Fridley finds it to be in its best interest to be insured to the full extent of
liability imposed by law, but not beyond those statutory limits.
NOW, 'TI�REFORE, BE IT RESOLVED by the City Council of the City of Fridley that it accepts
up to and only to the extent of the statutory tort liability limits as expressly provided under
Minnesota law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
10`h DAY OF OCTOBER 2011.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Z
SCOTT J. LUND - MAyOR
�
�
��
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
OCTOBER 10, 2011
William W. Burns, City Manage� �
Darin R. Nelson, Finance Director
Debra A. Skogen, City Clerk�
October 5, 2011
Ratification of Twin Cities Gateway Fiscal Year 2012 Budget
Chapter 608 of the Fridley City Code imposes a lodging t� on local lodging properties. The
purpose of the tax is to fund a convention and tourism bureau to promote the City as a tourist
destination. The City is a member of the Minnesota Metro North Tourism dba Twin Cities Gateway
(TCG), a tourism bureau consisting of 9 cities.
The Agreement between the City and TCG requires the annual budget be provided to the City on or
before October 1 st of the year preceding the effective date of the budget. Such budget shall detail
specifically the uses to which monies received shall be spent to provide the services provided. The
2012 Fiscal Yeaz (FY) Budget for TCG was approved by the TCG Board of Directors on September
13, 2011 and received by Staff on September 30, 2011.
TCG is projecting a budget increase of approximately 6% for FY 2012. The TCG Board of
Director's goal of maximizing marketing and promotional opportunities, while minimizing
administrative and overhead expenses, allocates 79% to marketing and promotion and 21 % to
administrative ad overhead expenses. The ratio of marketing expenses is significantly higher than
other comparable organizations.
Atta,chment 1 is an Executive Summary of the FY 2012 Budget providing line item budget
descriptions and Attachment 2 is the Approved FY 2012 Budget.
Staff recommends a motion receiving and consenting to the Twin Cities Gateway Fiscal Year 2012
Budget.
�
Attachment 1
�
TWIN CITIES
Anoka /Blaine /Coon Rapids /Fridley /HaGAT EIWAY �Mounds i�iew /New Bri hton /Shoreview
g
Twin Cities Gateway FY12 Budget
Egecutive Summary
Overview —
In general, lodging taa� receipts for the nine member cities of the Twin Cities Gateway continue
to increase. The organization is projecting a budget increase of approximately six (6%) per cent
for FY12.
In accordance with the Board of Directors' stated goal of m�imizing marketing and promotional
opportunities, while minimizing administrative and overhead expenses, the FY12 budget
allocates 79% to marketing and promotion and 21% to administrative and overhead expenses.
Note: This ratio of marketing to administrative expenses is significantly higher than that of
comparable organizations.
Line Item Budget Descriptions:
• Management Contract — expenses associated with the day-to-day management and operation
of the organization. Note: 2010 management contract expenses were for a partia/ year.
• Other Administrative Costs — budgeted to provide contract services, as needed / if necessary
• Website Enhancement — on going development / enhancement of www.tc atewa com
• On-line Marketing — search marketing programs to drive traffic to the TCG website
• Promotions / Collateral Materials — regional maps / promotional materials
• Public / Media Relations — to increase the awareness / recognition of Twin Cities Gateway
� New Venue / Public Facilities Promotion — marketing and promotional activities to promote
investments made by member cities, or public entities, such as the new Expo Center at the
National Sports Center.
• Community Festivals & Events Grants —grants to promote signature events in member cities.
Grant amounts are based on the overall � of TCG lodging taxes generated by the member city.
• Meetings & Conferences Marketing & Promotion — marketing and promotional activities to
increase the number of ineetings and conference held within the Twin Cities Gateway region.
• MMNT Regional Destination Marketing — marketing and promotional activities targeted
primarily to prospective �eisure travelers and visitors to the Twin Cities Gateway region.
• Sports Marketing — partnership marketing agreement with the National Sports Center in Blaine
to increase the number of sporting events, tournaments, participants, and attendees.
• Regional Grant Program —grant program for non-profit organizations and public entities to
create new events / increase participation in existing events that will have economic impacts for
more than one member city in the Twin Cities Gateway region.
4 2
Attachment 2
euo�er
��„ zo�z
2090 2Q10 Reviaed 201'! Approred
Bud et Adual Bud Pro ected Bud et
RESERVE AT BEGINNING OF YEAR � - a . $ YS5,461 ;?,33,48i $ 317,98Y
Lodginq Taxes
Grants
Invesbntnt income
Other
Management contrad
Other administralive �
Blaine (Fiscal Agent)
Organizationai insurance
Organizationai memberships
Contractual
Growth Works
Other
7ARKETIN � Fxp IJRITI l�cc
Website enhancement/Social media
On-line Markefing
PromotionsJc�llateral materiaEs
Publidmedia relations
New Venue/Public Faalities promotion
Commanity fisstivals 8� events grants
logo
FAeeting & ooMerence markedng 8 promotlon
MMNT Regional Destination Marketing
Sports Merketing
Regionai Grant program
Revenue oMer (under) Expenditures
FUND RESERVE
S 420,000 $ 588,633 $ 612,OOQ S 618,000 S 825,OQ0
- - s,aoo 9,000 -
- 79 - 200 200
51,000 SD,755 90,000 86,350 gp,ppp
1,000 1,349 30,000 12,340 30,000
8,500 8,465 6.600 6,600 7,SQ0
2.000 2.000 2,000 2,000
2.�� 2,510 4,800 4,800 2,5Q�p
7,500 7,5p0 - -
70,000 46,001 30,000 30,OQ0 2p,ppp
55,000 555000 90,OQ0
30,000 30,000 30,000
6,000 3 ppp g app
25,000 20,000 10,OQ0
18,000 i8,000 38,400 38,379 $Q,pQp
10,000 5,000 - .
20,000 96,675 26,200 26,200 26,200
81,OOp i18,996 120,000 f20,000 1Qp,ppp
70.000 55,000 70.000 70,000 70,OQ0
10,000 3,Op0 116,900 80,OQ0 100,000
35'1.000 333,231 550,90a 564,569 63�.2a0
�
r
�
arY oF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING C1F OCTOBER 10, 2011
TO: The Honorable Mayor and City Council
FROM: William W. Burns, City Manager �
�
DATE: October 6, 2011
SUBJECT: 2012 City Calendar
Attached is a resolution designating the time and number of Council meetings for 2012, and a
proposed 2012 City calendar which indicates City Council meetings, conferences and holidays.
Staff recommends Council's approval.
Thank you for your consideration of this matter.
WWB:rsc
Attachments
�
RESOLUTION NO. 2011 -
RESOLUTION DESIGNATING TIME AND NUMBER OF
COUNCIL MEETINGS FOR 2012
WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council
meet at a fixed time not less than once each month; and
WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall
meet at such times as may be prescribed by resolution; and
WHEREAS, it is the intent of the Council to comply with the open meeting provisions contained
in Minnesota Statutes 471.705 as interpreted by the courts;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that:
1. The City Council will hold regular meetings in the Council Chambers of the Fridley
Municipal Center, commencing at 7:30 p.m. on the following Mondays in 2012:
January 9, January 23, February 6, February 13, March 12, March 26, April 9,
April 23, May 7, May 21, June 11, June 25, July 9, July 23, August 6, August 20,
September 10, September 24, October 8, October 22, November 5, November 19,
December 3 and December 10
2. The City Council will hold conference meetings at the Fridley Municipal Center, at
which time matters are discussed but no formal action taken, commencing at 7:00 p.m. on
the following Mondays in 2012:
April 16, May 14 and August 13
3. The City Council will hold budget work sessions at the Fridley Municipal Center
commencing at 6:00 p.m. on the following Mondays in 2012:
June 18 and October 15
4. On the dates of regular Council meetings, City Council information sessions will be held
in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular
meeting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF OCTOBER, 2011.
ATTEST:
SCOTT J. LUND, MAYOR
DEBRA A. SKOGEN - CITY CLERK
7
20i2 City of Fridley Calendar
JANUARY
S M T W T F S
1� 3 4 5 6 7
8 O9 10 11 12 13 14
15 � 17 18 19 20 21
22 23 24 25 26 27 2g
29 30 31
MARCH
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 1Q 13 14 5 16 17
18 19 20 21 22 23 24
25 2� 27 28 29 30 31
MAY
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 2 22 23 24 25 26
27 � 29 30 31
JULY
5 M T W T F S
1 2 3� 5 6 7
8 O9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
SEPTEMBER
5 M T W T F 5
�
2 i� 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 2� 25 26 27 28 29
30 '
NOVEMBER
5 M T W T F 5
1 2 3
4 O5 6 7 8 9 10
11 � 13 14 15 16 17
18 1� 20 21 �� 24
25 26 27 28 29 30
10/10/11
X - Holiday O -
FEBRUARY
S M T W T F S
'' 1 2 3 4
5 7 8 9 1011
12 13 14 15 16 1718
19 � 21 22 23 2425
26 27 28 29 '
' APR/L
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 1314
15 1 17 18 19 2021
22 23 24 25 26 2728
29 30 !
JUNE
S M T W T F 5
1 2
3 4 5 6 7 8 9
10 11 12 13 14 1516
17 19 20 21 2223
24 2.> 26 27 28 2930
AUGUST
S M T W T F S
1 2 3 4
5 6 7 8 9 1011
12 1 14 15 16 1718
19 2 21 22 23 2425
26 27 28 29 30 31
OCTOBER
S M T W T F S
' 1 2 3 4 5 6
7� 9 10 11 1213
14�,i 16 17 18 1920
21 2� 23 24 25 2627
28 29 30 31
S M T W T F
I 2 3 4 5 6 7
9 1� 11 12 13 1415
16 17 18 19 20 2122
23 � � 26 27 2829
30 31
S
1
8
Januarv
2 New Year's
9 City Council Meeting
16 Martin Luther King Jr. Day
23 City Council Meeting
March
12 City Council Meeting
26 City Council Meeting
Mav
7 City Council Meeting
14 Conference Meeting
21 City Council Meeting
28 Memorial Day
Julv
4 /ndependence Day (Obs.)
9 City Council Meeting
23 City Council Meeting
Seatember
3 Labor Day
10 City Council Meeting
24 City Council Meeting
November
5 City Council Meeting
12 Veterans' Day
19 City Council Meeting
22 Thanksgiving
23 City Ho/iday
❑ - Conference Meeting
0
.�.
.
Februarv
6 City Council Meeting
13 City Council Meeting
20 Presidents' Day
April
9 City Council Meeting
16 Conference Meeting
23 City Council Meeting
June
4 City Council Meeting
18 Budget Work Session
25 City Council Meeting
Au ust
6 City Council Meeting
13 Conference Meeting
20 City Council Meeting
October
8 City Council Meeting
15 Budget Work Session
22 City Council Meeting
December
3 City Council Meeting
10 City Council Meeting
24 Christmas Eve
25 Christmas
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GTY OF
FRIDLEY
DATE:
TO:
FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF OCTOBER 10,
2011
October 6, 2011
William W. Burns �Y
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Julianne Beberg, Planning Assistant
SUBJECT: Proposed 2012, 60 Day Agency Action Dates for
Planning and Appeals Commission meeting Dates
Enclosed are the following dates for your review and approval of the
proposed 2012, 60 Day Agency Action Dates for the Planning and
Appeals Commission meeting dates.
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Planning
City of Fridley
2012 Development Review Schedule for
Planning Commission and City Council Action
City Council meeting dates are contingent upon the outcome of the Planning Commission meetings.
Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m.
*Different date due to Holiday
** Date subject to change
Application Deadline December 16, 2011
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}Publication Deadline � � � � � �m; � ��.x.�r�,� � . �� ;� ,,
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* _ �w December 29, 2011
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February 6, 2012
Application Deadline January 13, 2012
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Publication Deadlme -� '
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January 26, 2012 �
March 12, 2012
Application Deadlme February 17, 2012
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Publication Deadlme � �,,.�:-m���.�� �� ��. �� �.. �_ � � `�� a �.�. ,� .. �;� ��.
� � r�_��.� �. �3�..�_m ,._�__ March 1, 2012
Application Deadline March 16, 2012
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Pu lication Deadlme � � � �' ' `� ��. .�. , A� ;: ,.� �: :� b o
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March 29, 2012 � � �� �
10
City of Fridley
2012 Development Review Schedule for
Planning Commission and City Council Action -Page 2
City Council meeting dates are contingent upon the outcome of the Planning Commission meetings.
Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m.
*Different date due to Holiday
** Date subject to change
Application Deadline April 13, 2012
� ! E#S'�9l..' I 1RI.l�I+.
Publication Deadline
Application Deadline May 18, 2012
Publication Deadline
Application Deadline lune 15, 2012
Application Deadl�ne July 13, 2012
9 �����"� f �R ! �R.wiaw�ne
11
City of Fridley
2012 Development Review Schedule for
Planning Commission and City Council Action — Page 3
City Council meeting dates are contingent upon the outcome of the Planning Commission meetings.
Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m.
*Different date due to Holiday
** Date subject to change
Application Deadlme August 17, 2012
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October 8, 2012
Application Deadline September 14, 2012
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Publication Deadtme September 27, 2012
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. _ �. � � ` x •, � ` �i`���. ,:.r ;.-,. '� ��;
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City Council Meetmg -� � � �: _�� :�, .Q.
�� �-: ��,�, �:,� ���,, � a November 5, 2012
Application Deadlme October 19, 2012
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Publication Deadlme November 1, 2012
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City Council Meetmg December 3, 2012
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Application Deadline� � � November 16, 2012
Publication Deadline M ` F�� ��"'���
�r�� � �� ����-� ��s�.,� �.. . , .. __.,_ . . November 29, 2012
12
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Appeais
City of Fridley
2012 Development Review Schedule for
Appeals Commission and City Council Action
City Council meeting dates are contingent upon the outcome of the Appeals Commission meetings.
Appeals Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m.
*Different date due to Holiday
** Date subject to change
Application Deadline December 2, 2011
_ ._.�_.. �, _...., ,.� : �.,� .�--. �: - � ���-F-�..� ���= `���-��.:� x.�.;��=�!..�;
60 Day Agency Action January 30, 2012
Application Deadline December 30, 2011
Is Commission Meeting
February 1, 2012
60 Da: � -- � ,� :,.� �-�- �;. �,M � .� � .,..
Y�ency Action February 27, 2012 �� ���� ����
Application Deadlme February 3, 2012
���!"i'AW1'F°�ALiT ',� SAT�
Appeals Commission Meeting
March 3, 2012
. .... .., .,.... ., ... <: . :a .. , i:�" w ..,"�.c'.:': '�ntm. IF�'1i A h. �1. ,:..: " . ' "' x„..� Jt...,.(@.:3ik�".-ti'
Day Agency Action April 1, 2012
Application Deadline March 2
.� ��s,� �„ _ —„-,�._ , 2012
Appeals Commission Meeting � A ril 4 2012
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60 Day Agency Action April 30, 2012
Application Deadline March 30, 2012
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Commission Meeting
May 2, 2012
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60 Day Agency Action � �� May 28, 2012 � �� �� ���
13
City of Fridley
2012 Development Review Schedule for
Appeals Commission and City Council Action -Page 2
City Council meeting dates are contingent upon the outcome of the Appeals Commission meetings.
Appeals Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m.
*Different date due to Holiday
** Date subject to change
Application Deadline May 4, 2012
� _� �� _ �,�,�
Commission Meeting June 6, 2012
_._�� . . . .�—„,»�:».�r. a.��, � ��� �:� -r*�u ._" � �;; ,�o . „ :' ,� < _` r, . �� �. �„.� �
60 Day Agenry Action July 2, 2012 � �
Application Deadline June 29, 2012
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Commiss�on Meetmg August 1, 2012
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60 Day Agency Action � � � " � `
August 27, 2012
Application Deadline August 3, 2012
Appeals Commission
ber 5, 2012
. . �,�.�-���;. . � ��°�`, �. ��F:..,�:'
60 Day Agency Action October 1, 2012
Application Deadline August 31, 2012
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ommission Meeting October 3
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60 Day Agency Action October 29, 2012
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City of Fridley
2012 Development Review Schedule for
Appeals Commission and City Council Action — Page 3
City Council meeting dates are contingent upon the outcome of the Appeals Commission meetings.
Appeals Commission meetings start at 7:00 p.m. and City Council meetings start at 7:30 p.m.
*Different date due to Holiday
** Date subject to change
Appl�cation Deadline October 5, 2012
IS�SAT}� �A6�+�R�1
November 7, 2012
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60 Da _. � a� .�,� w.s M_ �.�� �� � ��_ � ,,a�s� �� � ���w��.
y Agency Action December 3, 2012
Application Deadline November 2, 2012
60 Day Agency Action December 31, 2012 µ�
60 Day Agency Action Extension March 1, 2013
15
� AGENDA ITEM
�
COUNCIL MEETING OF OCTOBER 10, 2011
CRY OF
FRtDL� C LAI M S
CLAIMS
152363 - 152633
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.i
� AGENDA ITEM
� CITY COUNCIL MEETING OF OCTOBER 10, 2011
F�O� LICENSES
"1'YYE OF LICENSE: APPLICANT: APPROVED BY: ''
Lawful Gambling Fridley Alano Society Public Safety
Bingo for 2012 2/18; 3/17; 11/17 City Clerk
and 1 Z/8
Peter A. Brick, Treasurer
6279 Universit Ave NE
Northpark PTA PUBLIC SAFETY
Turkey Bingo 11/16/2011 CITY CLERK
Dee Townsend, Chair Person
5572 Fillmore St NE
Food Establishment SL LLC dba ChanticlearPizza Public Safety
Mohammed A Karim Fire Department
1262 E Moore Lake Dr NE Communi Develo ment
Temporary Food Fridley Fire Dept Flames Public Safety
Auxilary Planning
Belgian Waffle Bkfst 11/22/11 Fire Deptartment
Katherine Messer
6431 Universit Ave NUE
37
� AGENDA ITEM
�
CITY COUNCIL MEETING OF OCTOBER 10, 2011
QTY OF
FRIDLEY LICENSES
G`_1'�
�
�
CRY OF
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
October 10, 2011
William W. Burns, City Manager
John Crelly, Fridley Assistant Fire Chief
October 10, 2011
Annual renewal of rental licenses
Attached is a list of 127 properties that have completed the license renewal process. Each
property listed has submitted a rental license application, paid all fees, and has completed the
rental property inspection process.
Staff recommends that City Council approve the rental license renewal for these properties.
39
RENTAL HOUSING
ProplD: Property Address Units
1048
1103
»�o
1819
1518
1112
1090
1489
1136
1149
1152
1137
1141
>>a2
1143
1144
1498
1181
��so
202�
1400
i 8os
1841
� aas
1493
1222
1223
1226
1243
1244
�8�s
1502
1257
1814
1277
1861
�2�$
1279
�zso
1281
1480
7875
1856
5783-85 2 1/2 St. NE
5900 2 1/2 St. NE
5908 2 1/2 St. N E
5942 2 1/2 St. N E
4832 2nd St. NE
5770 2nd St. NE
6008 2nd St. NE
6037 2nd St. NE
5057 3rd St. NE
5069-71 3rd St. NE
5143 3rd St. NE
5200 3rd St. NE
5260 3rd St. NE
5261 3rd St. NE
5290 3rd St. NE
5291 3rd St. NE
6073 3rd St. NE
213-219 53rd Ave. NE
105 58th Ave. NE
5810 5th St. NE
6200 5th St. NE
23 62nd Way NE
71 65 1/2 Way NE
81 65 1/2 Way NE
41 66th Way NE
1590-96 68th Ave. N E
1591-97 68th Ave. N E
1612-18 68th Ave. NE
1630-40 69th Ave. NE
1650-58 69th Ave. NE
249 69th Ave. NE
105 71 1/2 Way NE
1560-64 73 % Ave. NE
1640 76th Ave. NE
321 79th Way NE
341 79th Way NE
5430 7th St. NE
5460 7th St. N E
5612 7th St. NE
5640 7th St. N E
6421 Able St. NE
6278 Baker Ave. NE
1639 Brenner Pass NE
2
7
7
1
1
8
4
1
2
2
1
11
11
11
11
11
3
4
7
1
51
1
1
1
1
4
4
4
6
5
1
1
2
1
8
1
34
34
11
11
1
1
1
Owner
Jeromy Turner
Eagle Enterprises USA,
ACCAP
Allen Hoffer
KPR Properties, LLC
Jason Hemp
ACCAP
Ross Enterprises, Inc.
Edward Otremba
Dean Hoskins
Nizar Benhaj
Helena Bigos
Helena Bigos
Helena Bigos
Helena Bigos
Helena Bigos
Jerome Dold
Helena Bigos
Aspen Enterprises, USA,
Ken Baker
Norwood Square Inc.
Mahmoud Abdel-Karem
Lukas
J & C Associates
Roslyn Jenkins
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Tanya Bischof
Jeff Lester
Ross & Sonja Olson
Sonya McKinley
Bradley G. Dunham
James Norling
MC 7th Street Properties, LLC
KES LLC
MRANS on SEVENTH
MRANS on SEVENTH
Holly E. Swartz
Redouane Elattaoui
Aaron Moser
. �
page 1 of 4
1320 6634 Central Ave. NE
1321 6640 Central Ave. NE
�ssa 6676 Central Ave. NE
1327 7335-37 Central Ave.
1332 1200 Cheri Ln. NE
1333 1230 Cheri Ln. NE
1334 1260 Cheri Ln. NE
1335 1290 Cheri Ln. NE
�aas 671 Cheri Ln. NE
2005 212 Christenson Way NE
�s2o 5509 E Bavarian Pass
�5as 5940 East River Rd.
2oos 7517 East River Rd.
2o2s 8041 East River Rd.
2o2s 471 Ely St. NE
1348 7325-27 Evert Ct. NE
1936 1047 Fillmore Cir. NE
�ss� 555 Glencoe St. NE
�52s 5811 Hackmann Ave.
�oss 5850 Hackmann Ave.
�a�3 7343 Hayes St. NE
1499 7091-93 Hickory Dr. NE
�3so 6807 Hickory St. NE
�s8s 1247 Hillwind Rd. NE
�s22 5132 Hughes St. NE
�os2 5133 Hughes St. NE
�s2� 517 Hugo St. NE
�so� 617 Hugo St. NE
�s�o 851 Kennaston Dr NE
�ss� 517 Kimball St. NE
�sss 145 Logan Pkwy. NE
1928 6540 Lucia Ln. NE
�sa2 5381 Madison St. NE
�ss2 5961 Main St. NE
�sss 6035 Main St. NE
�ss� 6661-71-81 Main St. NE
�ss� 6711 Main St. NE
�82a 5996 McKinley St. NE
�oss 1413 Meadowmoor Dr.
is5a 212 Mercury Dr. NE
10
1
1
2
18
18
18
18
1
1
1
12
1
0
0
2
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
4
2
2
1
1
1
Donald Findell
Donald Findell
Donald Findel�
Joseph C. Mooney Jr.
Cedar Management, Inc.
Cedar Management, Inc.
Cedar Management, Inc.
Cedar Management, Inc.
Eric Plut
Patrick Handley
Lori Piotrowski
SoJo Properties, LLC
William Baumgartner
Julie Ha Trumong
Jeffrey Rice
Longview Properties
Brandon R. Johnson
Allen Hoffer
Fatema A. Rabah
Cheryl L. Stinski
Derek Arnold
Northome Partnership
Danny 8� Peri Johnsen
Angelo & Sarah Piga
S.O.S. Source One Solutions, LLC
ACCAP
Ahmet Celenli
Flames Property, Inc.
Jerald P. Janson
Adabayo Mustapha
Kent & Kathleen Craft
Brian A. Kirkman
Robert W. Hassman
Rhett Trotter
The Schaff
Mostafa Abdel-Kerim
6711 Main Property
Mike Klosterman
Benjamin Connors
Matthew Semerad
41
page 2 of 4
�o�s 840 Mississippi St. NE
i58� 936 Mississippi St. NE
�os� 945 Mississippi St. NE
1556 6390 Monroe St. NE
�s�a 1629 N Brenner Pass NE
2o�s 1601 N Innsbruck Dr. (103)
zo2s 1601 N Innsbruck Dr. (106)
�s�s 1601 N Innsbruck Dr. (118)
�0�2 1601 N Innsbruck Dr. (130)
�s3o 1601 N Innsbruck Dr. (153)
1532 1601 N Innsbruck Dr. (173)
�sai 1601 N Innsbruck Dr. (229)
1399 1601 N Innsbruck Dr. (231)
�0�3 1601 N Innsbruck Dr. (234)
1401 1601 N Innsbruck Dr. (253)
�ao2 1601 N Innsbruck Dr. (254)
�sa3 1601 N Innsbruck Dr. (272)
1403 1601 N Innsbruck Dr. (280)
1404 1601 N Innsbruck Dr. (302)
�5so 1601 N Innsbruck Dr. (304)
�aos 1601 N Innsbruck Dr. (356)
1409 1601 N Innsbruck Dr. (374)
1410 1601 N Innsbruck Dr. (384)
1411 1230-32 Norton Ave. NE
1413 1240-42 Norton Ave. NE
�a�a 1250-52 Norton Ave. NE
1415 1260-62 Norton Ave. NE
1931 1284 Norton Ave. NE
1088 1376 Osborne Rd. NE
�a3a 6315-17 Pierce St. NE
1487 6355 Pierce St. NE
�as2 6373-77 Pierce St. NE
1433 6401 Pierce St. NE
�s�� 220 Rice Creek Blvd. NE
1438 1441-43 Rice Creek
�osa 6130 Starlite Blvd. NE
�aso 6190 Starlite Blvd. NE
1918 6451 Taylor St. NE
���2 7450 Tempo Terrace
1855 7417 University Ave. NE
1530 5466 W Bavarian Pass
20�9 5530 W Bavarian Pass
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
2
2
1
1
2
2
2
1
1
2
1
1
1
1
1
1
1
Debra Redmann
Mark Hostetler
D & J Properties, LLC
Toby Garber
Daniel & Johnna Nynas
Dwain A. Jacobson
Jennifer Charbonneau
Dale R& Barbara E Johnson
Dennis Anderson
Richard F. lacarella
Dennis Anderson
Don Remjeske, Jr.
Dennis Anderson
Dennis Anderson
Olav Maehle
Lars & Susan Erickson
Dennis Anderson
Dan Cremisino
Kristin Chambers
Olav Maehle
Richard F. lacarella
Lorraine Gosselin
Melissa M. Otson
Terrance Dreyer
Donovan & Sharry Elias
Donovan & Sharry Elias
Dennis Anderson
George Gerges
ACCAP
Jing Li
Jon Williams
Jon R. Burkhow
Thomas R. Peterson
Richard & Lauren Hedlund
Carey & Judy Thake
ACCAP
Asad A. Kahn & Anees Khatoon
Lordus Financial Group
Constance Slama
Steven Steffenson
Ron Cadieux
Dian Joralmon
42
page 3 of 4
�4�� 5605 W Bavarian Pass 1 Kelly Pogatchnik
2o2a 5419 W Brenner Pass 1 Heidi Meyer
Total # of Licenses for approval: 127
43
�
�
CffY OF
FRIDLEY
DATE:
TO:
FROM:
SUBJECT:
INTRODUCTION
AGENDA ITEM
CITY COUNCIL MEETING OF OCTOBER 10,
2011
October 4, 2011
William W. Burns, City Manager ��
�
Scott Hickok, Community Development Director
Jim Kosluchar, Public Works Director
Jack Kirk, Park and Recreation Director
Repealing Code Section 510 Tree Preservation
On May 23`d� the Park and Recreation Commission considered modification to Chapter
510, entitled Tree Preservation. In their consideration, they looked at modifying sections
510.01 and 510.02. Modifying 510.01 would allow them the opportunity to remove trees
without Council authorization, if the tree is diseased and with other diseases than just
Oak Wilt, or Dutch Elm as previously defined. Amending Section 510.02 would further
define that trees may be removed, but only after the approval of a Woodland
Management Plan and would place a limit of 3 trees to be removed at 3 trees per acre.
The Planning Commission heard the item and concurred with the Park and Recreation
Commission at their June meeting. After this item was approved in its second reading
on July 11, 2011, situations immediately arose that made it clear that the City's best
action may have been to repeal the ordinance, rather than to further modify it. It is staff's
recommendation at this time that the City Council consider repealing its tree
preservation ordinance (Chapter 510), and leave the tree preservation task to those
who have been trusted with the task of managing the City's forest, the City Forester.
ELEMENTS
Chapter 510 originated as an ordinance when Fridley was contemplating the idea of a
golf course at what is now the Springbrook Nature Center. This ordinance would further
protect that forest and frankly make approval of a golf course more difficult. The
ordinance served its purpose well during that time, but has now strictly limited the ability
for the City to remove other trees that need to be removed from public property.
44
The most recent example of a conflict befinreen the ordinance and what happens in the
field, is the example where the trees next to Sam's Auto Parts are on the 73�d Avenue
Boulevard. They are unsightly and in the way of the private property owner planting their
own landscape and installing their fence (which is required by their SUP). Time is of the
essence as we move toward winter and they move to complete their project. The trees
have been viewed by both our street department folks and our forester and they have
agreed that trees back on the private property would be preferred. These particular
trees have grown in a rather tangled and unsightly manner also; they are not straight,
high quality trees. Yet, they cannot be removed efficiently because of the provisions of
Chapter 510.
Trees At Sam's Auto Part's Fence
Another recent example is one where a sign change by Fairview Medical Center
required an e�ra 90 days of process for installation, as the 3 trees near the sign
location needed to be removed prior to that installation of the sign. The location for the
sign was approved by the HRA, Fairview and the City, yet essential removal of the trees
needed to go through the Parks and Recreation Commission, Planning Commission,
and City Council, prior to their removal. Without that process, the HRA had already
agreed to pay for 3 replacement trees in a preferred location, yet, the process needed to
follow 510 as outlined.
Council Barnette as recently as the June 2011, Council hearing on this item, said he
would support the change, but, did not believe it was an ordinance that was ever
necessary, that he, did not support the adoption of Chapter 510 when it was adopted.
45
According to our street department folks, it is not unusual to need to prune or remove
boulevard trees that have become troublesome. Yet, they are on public property and
their removal would require compliance with Chapter 510. Issues with the City Hall
campus have proven to be difficult in that way as well.
The City staff, Commissions and Council know the value of trees and trees are not
going to be removed hap-hazardly, simply because 510 is not in place. Relaxation of
the City's ability to remove the trees however, would be a valuable advancement in
efficiency.
PARK AND RECREATION AND PLANNING COMMISSION REVIEW
Both the Park and Recreation Commission and the Planning Commission have
reviewed the recommendation to repeal Chapter 510. Both Commissions concur with
staff s recommendation to repeal Chapter 510, however, both have also asked for a
public lands tree removal policy in exchange for having this ordinance to address the
removal of trees from public lands. That policy has been drafted and reviewed by staff
and has been submitted as an attachment to this packet item for review.
RECOMMENDATION
Staff recommends repealing Chapter 510, regarding tree preservation on public
property.
.�
Citv of Fridlev Policv
Tree Mana�ement on Public Lands
10 5 11
1: Pur ose
It is the policy of the City of Fridley to recognize and preserve existing natural
resources of the community and to encourage the greening of the City. The City
finds that the preservation of the trees and other vegetation, where practicable,
is in the best interest of City residents' health and welfare. To that end, the City
has found it necessary and desirable to establish a policy to assist the City
residents and the City staff in preserving trees on public lands throughout the
City.
2: Citv Forester Duties
A. The City Forester shall identify diseased and hazardous trees that
threaten the health and safety of the public and coordinate all activities
of the City relating to the control and prevention of tree diseases in
accordance with Chapter 104, Fridley City Code.
B. The City Forester shall promulgate and enforce, and all persons shall
obey rules, regulations and specifications concerning the trimming,
spraying, removal, planting, pruning and protection of trees, shrubs,
vines, hedges and other plants upon the right-of-way of any street, alley,
park or other City-owned property.
3: Placement and Care of Trees on Public Propertv
A. Placement. Trees along streets and boulevards as well as trees
located upon City-owned property shall be planted no closer to one
another than:
a. 30 feet for small trees;
b. 40 feet for medium trees;
c. 50 feet for large trees
Plantings at less than the minimum spacing described in this section may
be approved when planting to create a screen, size, variety, and spacing.
47
B. Utilities. Only small trees shall be allowed to be planted on City-owned
property under or within 10 lateral feet of any overhead utility wire or
within five lateral feet of any underground utility, water, or sewer line.
Tree removal required for any utility construction on public right-of-
ways shall be exempt from this policy and permit, but will be reviewed
by the Director of Public Works to determine if the removal is necessary.
C. Disturbance of Trees.
1. No person shall trim, cut, prune or otherwise eliminate growth from
any tree on public property without a permit with the exception of
City crews doing regular maintenance and utility projects permitted
by the City. Trees severely damaged by storms or other causes, or
certain trees Iocated under the utility wires or other obstructions
where other pruning practices are impractical may be exempt from
this policy at the determination of the City Forester.
Construction projects in any City park area that would require
removal of trees larger than three (3) inches in diameter will require
that a site plan be submitted to the City Forester and the Parks and
Recreation Commission for review and approval before any of the
trees can be removed.
2. No person shall trim, cut, prune or otherwise eliminate growth from
any tree on public property without a permit with the exception of
City crews doing regular maintenance and utility projects permitted
by the City.
3. Trees severely damaged by storms or other causes, or certain trees
located under the utility wires or other obstructions where other
pruning practices are impractical may be exempt from this policy at
the determination of the City Forester.
4. Construction projects in any City park area that would require
removal of trees larger than three (3) inches in diameter will require
that a site plan be submitted to the City Forester and the Parks and
Recreation Commission for review and approval before any of the
trees can be removed.
5. During emergency circumstances, maintenance and utility operations
will not be governed by this policy.
. ;�
4: Acceptable Plant Tvpes for Public Propertv
A. Minimum size requirements:
Shade Trees will be three (3) inch caliper (trunk diameter at six (6)
inches above soil level for balled and burlapped trees. Bare-root shade
trees will be allowed to be planted in the spring only and will be a
minimum one and one-half (1.5) inch caliper. The one and one-half (1.5)
inch caliper measurement will also apply for container grown trees.
Ornamental Trees (small statured flowering trees) = One and one-half
(1.5) inch caliper balled and burlapped.
Coniferous Trees= Six (6) feet height.
Shrubs = Twenty-Four (24) inch height or spread.
Or as otherwise approved by the City Forester.
B. Prohibited Trees and Shrubs- The following trees and shrubs are
prohibited from planting on public properties in the City of Fridley:
Cottonwood
Female ginkgo
Boxelder
American Elm
Silver Maple
Mulberry
Black Locust
Black Walnut
Ash trees (all species)
Buckthorn
Seeded ornamental trees with fruit that is not persistent
This list shall be updated from time to time with changes approved by
the Park and Recreation Director, Public Works Director, and City
Forester.
.•
� AGENDA ITEM
� CITY COUNCIL MEETING OF OCTOB
ar� oF E R 10, 2011
FRIDLEY
TO: WILLIAM W. BURNS, CITY MANAGER �!� �
FROM: DARIN NELSON, FINANCE DIItECTOR
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: PUBLIC HEARING FOR THE STREET PROJECT NO. ST. 2010-1A
DATE: October 5, 2011
Attached is the Public Hearing Notice for the assessment for the Street Project No. 2010-1A.
The Public Hearing Notice was published in the Focus newspaper on September 15, 2011 as
reyuired by State Statute.
Also included are two letters received from residents within the designated street improvement
assessment area.
DRN/gt
Attachment
50
CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA
PUBLIC HEARING
Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m.
on October 10, 2011 in the Council Chambers at 6431 University Avenue, to consider, and possibly
adopt, the proposed assessment for the following improvements:
2010 STREET IlVIPROVEMENT PROJECT Assess 10 years @ 6.5% Interest $ 269,162.08
Project #2010-1A 2010 Street Improvement
The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being
mailed to all property owners.
Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount
of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is
presented to the presiding officer at the hearing. The council may, upon such notice, consider any
objection to the amount of a proposed individual assessment at an adjourned meeting, upon such
further notice to the affected property owners, as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081
by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of
the assessment and filing such notice with the District Court within ten days after service upon the
Mayor or Clerk.
The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for
senior citizens. The City Council may defer the payment of special assessments for any homestead
property owned by a person 65 yeazs of age or older for whom it would be a hazdship to make the
payments.
Publish: September 15, 2011
Scott J. Lund
Mayor
51
✓�T'ec�f'� v�/G —l•¢
William H. and Carolynne B. Mathis
1570 60th Ave. NE
�ridley, MN 55432
Sept 26, 2011
Mr. Greg Tirevold
Fridley Municipal Center
b431 University Ave NE
Fridley MN 55432
RE: PIN 243024110090
Dear Sir:
While we are not against taxes nor assessments, we find it difficult to get behind an
assessment of this size on such short notice. Who in this neighborhood has
$1370.62 readily available these days, or can afford to spread out payments over 10
years at 6.59�6?
Please reconsider the dming.
Sincerely,
r —�. --�...
{ L�
52
Oct 07 11 10:42a
GARA LADi�ijIG
6253 Ben More Thive NE
Fridley, MN 55432
Hame - (763) 502-7716
October 7, 2011
City of Fridley�
FridIey Municipal Center
6431 Lniversity Avenue 1�fE
Frid1eY, MN 55432
Re: 201 i S#reet improvemeni Project ST2010-1A
PIN(s)133024430022 8c 23
Dear SirlMa,dam;
FaxNo. {763) 571-]2$7
This is written notification to City Council of my objections to any proposed assessment
concerning the above-identified matter.
I object to the proposed assessment to my pro
the street in front of my home to be im ��� a� I����� about Ehe necessity for
v�a��� Pi'° ppear�d to be in good �onditioa
Y� Y�s dealmg with an illness at that tune and n�issed my opportunity to
�15� Q�J�tiO�s t° t�e street unprovement project I live oa a cul-de-sac thaL does not
generate traf�'c, other than by the resideats on the cui-de-saG. I am a widowed mother of
two minar chi.Idren, my �� �s �tism, and I tiyark
proposed assessment in full or even in haif by November 23e 2011.�I�c�a��o d to a
�e P�P��� assessment at all. M o r e i m p o rt� a n t iv� j do not f eel that the street p y
improvement in frant of my �ozne �,a� ne�s�.�, in y�ew that it appeared ta be in good
condidon.
In view of the abave, T request that a�, prop��d ���t to my ra e
13302443U022 & 23) �e r�,aived. In t1�e event Ci Counci! ado ts �e p��IN�s)
assessment can I make altemative � � P�Pased
assessment affechng rny fi�� �eS��ent arrangements in order to avoid the
7'hank you for yow consideration and uriderstanding,
Sincerely, .-
�'` C'�` `�-��`�U t
Gara Ladwig �
53
p.1
�
an of
��r
TO:
FROM
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF OCTOBER 10, 2011
William W. Burns, City Manager ��
�
James P. Kosluchar, Public Works Director
October 5, 2011
PW11-060
SUBJECT: Second Reading of an Ordinance Amending Chapter 206 of Fridley City Code
Establishing License Requirements for Sanitary Sewer Service Cleaning
Contractors
At the City Council meeting of September 12, 2011, a public hearing was held to take comments
relating to an Ordinance that would amend Chapter 206 of Fridley City Code and establish a licensing
requirement for Sanitary Sewer Service Cleaning Contractors. At the City Council meeting of
September 19, 2011, the City Council approved the first reading of the proposed Ordinance.
One letter was received from a contractor, and one contractor spoke at the hearing. While both these
contractors indicated that they had no issues with their business being licensed for sewer cleaning, they
both did provide comment relating to the draft application that had been provided to them by staff.
There was also one resident comment in support of background checks for all field staff of any licensed
contractor.
Since the first reading of the proposed Ordinance, I have been contacted by one additional contractor,
who stated that fees would be passed on to customers (we clarified that the annual fee proposed was
$35). I also have spoken to the Department of Labor and Industry and their staff indicates that they do
not object to licensure of contractors as long as it is not for an activity that is state licensed.
Staff feels it would be beneficial to license contractors so that the City is aware of service cleaning and
can take proper precautions with its mains to prevent backup of the property owner and neighboring
owners. The contractor can also provide information to the homeowner that would benefit the
homeowner to understand when they have a sewer service issue, including policies of the City outlining
what services we do provide, and what maintenance is required of the owner. Third, having adequate
insurance to mitigate the cost to customers and/or the City of Fridley in the event of an accident is
important.
The proposed license would be annual, and no license would be required at the time of work. In an
emergency, we would allow a contractor to become licensed after any emergency work is performed.
54
The background check in the proposed draft application is voluntary and optional, and could be
eliminated if this is a concern of the City Council. The draft application could also be reduced in
specificity insofar as eliminating the vehicle listing.
The proposed Contractor requirements for licensure would include:
• A signed application with a nominal ($35) Annual License Fee
• Contractor's Liability and Workman's Compensation Insurance Certificates
• Submission to a Background Check (optional)
The proposed Contractor requirements during operations include:
• Contractor to disseminate all information provided by the City of Fridley to prospective
clients
• Contractor to notify the City of Fridley when cleaning is performed, to include the
location, time and date, status of cleaning, and status of any repairs recommended to
property representative
Attached is the proposed ordinance for your review. Please note that the requirement for licensure is
proposed to be stipulated with over a dozen other contractors, including blacktopping companies, and
chimney sweeps. This regulation is intended to protect the City of Fridley, its ratepayers, and its
residents and property owners from undue damage that may be the result of sanitary sewer cleaning.
The City Council has the authority to impose quatifications required for this licensure, and would have
the authority to revoke or refuse to issue a license based on exercise of its reasonable discretion.
We ask that the City Council move the second reading of the proposed ordinance change to Chapter
206, Fridley City Code.
JPK/jk
Attachment
55
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 206 BUILDING
CODE SECTION 206.07 CONTRACTOR'S LICENSES TO INCLUDE SANITARY
SEWER SERVICE CLEANERS
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
CHAPTER 206. BUILDING CODE.
Section 206.07. CONTRACTOR'S LICENSES
7. Specific Trades Licensed.
Licenses sha11 be obta.ined by every person engaging in the following businesses or work in
accordance with the applicable chapters of the City of Fridley.
A. General Contractors in the business of nonresidential building construction and residential
contractors with an exempt card from the state.
B. Masonry and brick work.
C. Roofing.
D. Plastering, stucco work, sheetrock taping.
E. Heating, ventilation and refrigeration.
F. Gas piping, gas services, gas equipment installation.
G. Oil heating and piping work.
H. Excavations, including excavation for footings, basements, ewer and water line installations.
I• Wrecking of buildings.
J. Sign erectors, construction and repair, including billboards and electrical signs.
K. Blacktopping and asphalt work.
L. Chimney sweeps
M. Sanitary Sewer Service Cleaners
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 201 .
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
56
SCOTT J. LUND, MAYOR
�
�
��
���
TO:
FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF
OCTOBER 10, 2011
WILLIAM W. BURNS, CITY MANAGER
DARIN NELSON, FINANCE DIRECTOR �/"
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2010 STREET
IMPROVEMENT PROJECT NO. ST. 2010-1A
DATE: October 4, 2011
Attached you will find the final assessment roll for the 2010 Street Improvement Project No. St.
2010-1A along with the Resolution to adopt the assessment.
This project included 192 properties. The assessment will be for 10 years at a rate of 6.5%.
DRN/gt
Attachment
57
RESOLUTION NO. 2011-
RESOLUTION ADOPTING ASSESSMENT FOR THE
2010 STREET IMPROVEMENT PROJECT NO. 2010-1A
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and
heazd and passed upon all objections to the proposed assessment for the 2010 Street
Improvement Project No. 2010-1A.
NOW THEREFORE, BE IT RESOLVED BY THE CTTY COUNCIL OF FRIDLEY,
MINNESOTA:
Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein and each
tract of land therein included is hereby found to be benefited by the proposed improvement in the
amount of the assessment levied against it.
Such assessment shall be payable in equal annual installments extending over a period of ten
years, the first of the installments to be payable on or before the first Monday in January, 2012,
and shall beaz interest at the rate of 6%z percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire assessment
from the date of this resolution until December 31, 2012. To each subsequent installment when
due shall be added interest for one year on all unpaid installments.
The owner of any property so assessed may, at any time prior to certification of the assessment to
the county, pay the whole of the assessment on such property, with interest accrued to the date of
payrnent, to the city treasurer, except that no interest shall be charged if the entire assessment is
paid by November 23, 2011; and he may, at any time thereafter, pay to the city treasurer the
entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the
year in which such payment is made. Such payment must be made before November 15 or
interest will be charged through December 31 of the next succeeding year.
The Finance Director shall forthwith transmit a certified duplicate of this assessment to the
county auditor to be extended on the property tax lists of the county. Such assessments shall be
collected and paid over in the same manner as other municipal ta7ces.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF OCTOBER, 2011.
AT"IBST:
DEBRA A. SKOGEN - CITY CLERK
58
SCOTT J. LUND - MAyOR
2010-1A STREET REHABILITATION PROJECT
FINAL ASESSMENT ROLL
CITY PROJECT NO. ST. 2010-1A
59
2010-1A STREET REHABILITATION PROJECT
FINAL ASESSMENT ROLL
CITY PROJECT NO. ST. 2010-1A
.i
2010-1A STREET REHABILITATION PROJECT
FINAL ASESSMENT ROLL
CITY PROJECT NO. ST. 2010-1A
C�31
2010-1A STREET REHABILITATION PROJECT
FINAL ASESSMENT ROLL
CITY PROJECT NO. ST. 2010-1A
P�N �NAME ADDRESS AMOUNT
24 30.24 11 M�a nunGOCnr.� o�����., . e..�........__
62
�
�
CfTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF OCTOBER 10, 2011
Date: October 4, 2011
To: William Burns, City Manager �
�
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution approving Special Use Permit Request, SP #11-02, Schmidt Osborne LLC at 7580
Commerce Lane NE
RE UEST
The petitioner and property owner of 7580
Commerce Lane NE, Mr. Cote, is seeking a
special use permit to allow limited outdoor
storage on the property. He is hoping that if a
special use permit is in place to allow outdoor
storage that it will make this site more
marketable and will help with the potential
sale of the property. He understands the
code requirements to allow for limited
outdoor storage and is agreeable to those
regulations.
City Code allows limited outdoor storage in
the industrial districts that is up to 509'0 of the
building footprint with a special use permit.
The building's square footage is 21,754
square feet, so City code would allow up to
10,877 square feet of outdoor storage on this
site. The petitioner is requesting to have
outdoor storage in one designated area on
the west side of the site. The proposed area
is 10,877 sq. ft in size, which is exactly 509�0 of
the buildings footprint. Because a tenant
hasn't been identified for this site, at this time
the items to be stored are unknown.
63
PLANNING COMMISSION RECOMMENDATION
At the September 21, 2011, Planning Commission meeting, a public hearing was held for SP #11-02.
After a brief discussion, the Planning Commission recommended approval of special use permit, SP #11-
02, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
This Special Use Permit, SP #11-02 will repeal and replace SP #03-23 that was approved to allow for
limited outdoor storage in 2003.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Outdoor storage on this site shall remain in the approved outdoor storage areas only.
2. The existing fence shall have screening s/ats installed to allow proper screening of the outdoor
storage area before occupancy of a new tenant or buyer.
3. If pprking becomes an issue on this site, based on use of a new tenant, additional pprking shall
be required.
4. Any new tenant or property owner shall be required to comp/y with code requirements for
limited outdoor storage.
.�
City of Fridley Land Use Application
SP #11-02 September 21, 2011
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Schmidt Osborne LLC
Bob Cote
6624 Parkwood Road
Edina MN 55436
Requested Action:
Special Use Permit to allow exterior storage
of materials.
Existing Zoning:
M-2, Heavy Industrial
Location:
Size:
7580 Commerce Lane NE
130,680 sq. ft. 3 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Industria) & M-2
E: Commercial strip mall & C-2
S: Industrial & M-2
W: Industrial & M-2
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.18.1.C.12 requires a special use
permit to allow limited outdoor storage.
Zoning History:
1965 — Lot is platted.
1972 — Building constructed.
1974 — Addition to building.
1991— Loading dock constructed.
Legal Description of Property:
That part of lot 1, Block 4, Commerce Park,
lying within Section 11, Township 30 Range
24, subject to easement of record.
Public Utilities:
Building is connected.
Transportation:
The property can be accessed from
Commerce Lane and Osborne Road.
Physical Characteristics:
Building, hard surface yard, parking area
and landscaping.
�5
SUMMARY OF PROJECT
The petitioner and property owner of 7580
Commerce Lane NE, Mr. Cote is seeking a special
use permit to allow limited outdoor storage on the
property.
SUMMARY OF ANALYSIS
City Staff recommends approvpl of this special use
permif, with stipulations.
Limited outdoor storage is a permitted special use
in the M-2, Heavy Industrial zoning district,
provided specific code requirements are met,
Aerial of Subject Property
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — October 10, 2011
60 Day—September 12, 2011
60 Day Extension — November 10, 2011
Staff Report Prepared by: Stacy Stromberg
SP #11-02
RE UEST
The petitioner and property owner of 7580 Commerce Lane NE, Mr. Cote, is seeking a special use
permit to allow limited outdoor storage on the property. He is hoping that if a special use permit is in
place to allow outdoor storage that it will make this
site more marketable and will help with the
potential sale of the property. He understands the
code requirements to allow for limited outdoor
storage and is agreeable to those regulations.
HISTORY AND ANALYSIS
The property is zoned M-2, Heavy Industrial, as are
the properties to the north, west and south. The
property to the east is a commercial complex and is
zoned C-2, General Business. The subject property is
located on the corner of Commerce Lane and
Osborne Road. The existing building was
constructed in 1972, with an addition being
constructed in 1974. A loading dock was added to
the building in 1991.
In 2003, Malton Equipment Co., applied for and
�eceived special use permit approval to have
outdoor storage on this site. They have since
vacated the site and it remains unoccupied.
In 2008, the petitioner purchased the subject property. He is also the property owner of 100 Osborne
Road, which is west of the property. At that time, the petitioner purchased the triangular piece of land
west of the subject property that was part of 7580 Commerce Lane, to combine it with 100 Osborne
Road. The additional land area was needed for 100 Osborne Road to create a new driveway to the
multi-tenant buifding as a result of the quiet zone changes to the rail crossing. This change in land area
for the subject property changed the outdoor storage area that was originally approved with the 2003
special use permit. Therefore, staff determined that a new special use permit for outdoor storage
would need to be obtained. The 2003 special use permit will be repealed and replaced with this special
use permit.
City Code allows limited outdoor storage in the industrial districts that is up to 509�0 of the bui�ding
footprint with a special use permit. The buildings square footage is 21,754 square feet, so City code
would allow up to 10,877 square feet of outdoor storage on this site. The petitioner is requesting to
have outdoor storage in one designated area on the west side of the site. The proposed area is 10,877
sq. ft in size, which is exactly 509�0 of the buildings footprint. Because a tenant hasn't been identified for
this site, at this time the items to be stored are unknown.
Before the special use permit can be issued for limited outdoor storage, several additional requirements
need to be met. Those specific requirements relate to height, screening, parking, and the types of
materials allowed to be stored outside.
..
Based on the breakdown of uses within the building, which was provided by the petitioner, parking
needs for this site are 16 parking stalls. The petitioner has shown on the submitted site plan 19 parking
stalls, which meets code
requirements. If the building is used
for anything other than warehouse,
additional parking may be required.
code requirements for outdoor storage.
The outdoor storage area will need to
be screened from the public right-of-
way. There is a chain link fence
already installed, with screening slats;
however some of the slats are
missing. New slats will need to be
installed where there are missing sfats
to ensure proper screening from the
public right-of-way.
The proposed site plan meets all other
outdoor storage code requirements.
City staff heard from the business
owner to the south of the subject
property that had questions about the
types of items to be stored outside
and the type of business occupying
the site. Those items are unknown at
this time; however any new tenant
would be required to comply with all
RECOMMENDATIONS
City Staff recommends approva/ of the specia/ use permit, with stipulations.
Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided
specific code requirements are met, subject to stipulations.
This Special Use Permit, SP #11-02 will repeal and replace SP #03-23 that was approved to allow for
limited outdoor storage in 2003.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be attached.
1. Oufdoor storage on this site shal/ remain in the approved outdoor storage areas on/y.
2. The existing fence shall have sc�eening slats installed to allow proper screening of the outdoor
storage area before occuppncy of a new tenant or buyer.
3. If pprkinq becomes an issue on this site, based on use of a new tenant, additional pprking shall
be required.
4. Any new tenant or property owner shall be required to comp/y with code requirements for
limited outdoor storage.
67
RESOLUTION NO. 2011 -
A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 11-02
FOR SCHMIDT OSBORNE LLC, 7580 COMMERCE LANE NE
WHEREAS, Section 205.18.O1.C.12 of the Fridley City Code allows limited outside storage in an
M-2 zoning district by a Special Use Permit if certain conditions can be met; and
WHEREAS, on September 21, 2011, the Fridley Planning Commission held a public hearing to
consider the request by Schmidt Osborne LLC, owners of the property generally located at 7580
Commerce Lane in Fridley, legal described as Part of Lot 1, Block 4, Commerce Park, lying within
Section 11, Township 30, Range 24, for a Special Use Permit, SP# 11-02 for limited outside storage;
and
WHEREAS, on October 10, 2011, the Fridley City Council approved the stipulations represented in
Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit
SP# 11-02; and
WHEREAS, the petitioner, Schmidt Osbome LLC, was presented with Exhibit A, the stipulations
for SP# 11-02, at the October 10, 2011 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Special Use Permit SP# 11-02 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 10�'
DAY OF OCTOBER, 2011.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT LUND — MAYOR
.:
EXHIBIT A
SP# 11-02 Special Use Permit for Limited Outdoor Storage
Schmidt Osborne LLC, 7580 Commerce Lane NE, Fridley, MN 55432
Stipulations
1. Outdoor storage on this site shall remain in the approved outdoor storage areas only.
2. The existing fence shall have screening slats installed to allow proper screening of the outdoor
storage area before occupancy of a new tenant or buyer.
3. If parking becomes an issue on this site, based on use of a new tenant, additional parking shall be
required.
4. Any new tenant or property owner shall be required to comply with code requirements for limited
outdoor storage.
.•
�
L
GTY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF OCTOBER 10, 2011
October 4, 2011
William Burns, City Manager�
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Resolution for Revocation of Special Use Permit SP#95-OS and SP#04-OS for
the Home Depot Garden Center at 5650 Main Street
Background
On September 12, the City Council held a public hearing for the purpose of hearing testimony regarding
Home Depot's special use permits. Those permits allow them to have a garden center as a component of their
Fridley store at 5650 Main Street. This store was one of the first to be built in the Midwest region and was
constructed in 1995, which is when they obtained special use permit SP#95-05. Staff explained at the hearing
that there were six stipulations attached to the SUP and how the stipulations stating: There shall be no
outdoor plant sales (outside the confines of the garden center walls) was the one that was already being
violated a year after the store opened and repeatedly over the years. Despite a citation, a threat of revocation,
a garden center addition, new SUP with clarifed stipulations, and repeated letters and meetings with local
management, staff found the store to be in violation of the no outside display limitation again this summer.
Following is a brief chronology of events reported by staff at the hearing:
1995 Fridley Home Depot store is built. SP#95-OS is obtained to allow an attached garden center
1996 Home Depot store manager pleads guilty in Court to violating outside storage requirements
1996 Fridley City Council considers revocation of SP#95-OS for outside display violations; given 6 mo
1997 City denied Home Depot's SUP application for seasonal outdoor garden sales in the parking lot
1998-1999 Records were not retained but staff recalls ongoing outdoor display violations
2000 Product and pallets were being stored outside the building
2002 Product was being stored above the height of the garden center fence
2003 Lawn tractors, fertilizer, and other product was being displayed in front of the store
2004 City approved SP#04-OS to amend SP#95-OS and allow expansion of the Home Depot garden center;
the stipulation for no storage or sales outside the garden center walls continued.
2007 Flowers were being displayed in the front of the store
2008 Nursery stock was being displayed outside the garden center walls
2010 Removable block outdoor display areas were added in front of store nursery entrance without
modifying SUP; Staff inet with new store manager and district manager; agreed to allow store to
install permanent planting areas where planted nursery stock could be displayed throughout the
summer.
2011 Store was again found to be in violation of outside display of plants and bagged stock material
70
At the hearing, the City Council heard a sincere apology and commitment to a change in process by the
Home Depot representatives. Staff believes the current store manager and district manager completely
understand the importance and seriousness of compliance to the stipulations, but staff has experienced this
before — just last year, in fact with a different pair of managers. Thus, staff is not convinced that this current
SUP review to date will change this 16-year old problem. In addition, the fees Home Depot paid for the two
SUP's related to their garden center hardly cover the cost of the two hearings that have had to follow and
other staff time spent in court, inspecting, sending letters, meeting with store staff, and talking to staff over
the phone, all in attempt to end the chronic SUP violations.
Section 205.OS.S.G of the Fridley Zoning Code states that failure to comply with any and all conditions and
stipulations issued with a special use permit shall result in revocation of the special use permit. Revocation
shall occur after a public hearing by the City Council. The code goes on to state that the cost of such hearing
may be charged to the owner of the permit. This process is in place to ensure that the general tax paying
population of the City is not bearing the cost burden of one property owner that has special privileges. Staff
finds it obvious from the account of problems listed above that the general Fridley tax-paying population has
been subsidizing Home Depot's SUP violations.
The City Attorney indicated at the hearing that the City Council has three options in this case:
1. Do nothing
2. Table a decision until after a specified period of time and then review for compliance
3. Revoke the SUP's
Recommendation
Staff recommends that the City Council pass the attached resolution, revoking the special use permits for the
Home Depot garden center, SP#95-OS and SP#04-05, as alternatives one and two have not had a significant
impact in the past. Home Depot could apply for a new garden center permit. If they met the next application
deadline of October 14, they could have a new permit approved by City Council on December 5, 2011.
71
This photo was taken by Julie Jones, Planning Manager, on July 19, 201 l, following a letter being sent July
6, 2011, to the store, notifying the store manager that displaying large volumes ofgarden material and
landscaping materials for sale outside the garden center walls was a code violation.
72
RESOLUTION NO. 2011-
A RESOLUTION REVOKING SP#95-05 AND SP#04-05 PERMITTING A GARDEN CENTER AT HOME DEPOT,
GENERALLY IOCATED AT 5650 MAIN STREET NE
WHEREAS, on July 24, 1995, the Fridley City Council granted special use permit SP#95-05 to Home Depot
USA, Incorporated, generally �ocated at 5650 Main Street, to allow a garden center or nursery in a C-3
zoning district with six stipulations; and
WHEREAS, the sixth stipulation of SP#95-05 stated that there shall be no outdoor p/ant sales (outside of
the confines of rhe garden center wallsJ; and
WHEREAS, on December 6, 2004, the Fridley City Council granted special use permit SP#04-05 to Home
Depot, generally located at 5650 Main Street, to amend the existing special use permit to allow the
expansion of the garden center; and
WHEREAS, the seventh stipulation of SP#04-05 stated that there shall be no sa/es, storage or display of
plant materia/ or any other merchandise outside of the confines of rhe gprden center walls; and
WHEREAS, Home Depot has violated the outside display or storage violations of special use permits
SP#95-OS and SP#04-05 several times since issuance of the permits despite repeated notification by the
City of the permit stipulations;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley does hereby revoke
special use permits SP#95-05 and SP#04-05 as provided for in Section 205.05.5.G of the Fridley Zoning
Code, citing the following findings of fact as just cause to revoke SP#95-OS and SP#04-05:
1. On July 24, 1995, the Fridley City Council granted a special use permit, SP#95-OS to Home Depot
USA, Inc., generally located at 5650 Main Street, to allow a garden center and nursery which
requires the outdoor display of storage of inerchandise with six stipulations. Stipulation number six
stated: There shall be no outdoor p/ont sa/es (outside of the confines of the garden center walls).
2. In the spring of 1996, City Planning staff initiated a code enforcement case for outside storage,
which resulted in a citation. The Home Depot store manager pled guilty in Anoka County Court to
charges of outside storage at 5650 Main Street.
3. On August 26, 1996, the Fridley City Council held a public hearing to consider revocation of SP#95-
05 for a garden center, generally located at 5650 Main Street, due to continued outside storage
violations. The City Council decided to review compliance with the special use permit in six months.
4. In 1997, Home Depot USA, Inc., applied for a temporary outdoor garden center SUP (SP#97-02) to
be placed in the parking lot of the store during the peak garden sales season of April through July.
On August 11, 1997, the City Council denied SUP request SP#97-02.
5. In June 2000, City Planning staff initiated a code enforcement case regarding retail stock storage
outside the south side of the garden center walls, which was a violation of stipulation No. 6.
6. In February 2002, City Planning staff initiated a code enforcement case regarding unscreened
storage in the garden center area due to retail stock being stored above the height of the fence.
The violation was resolved in April 2002.
7. In May 2003, City Planning staff initiated a code enforcement case regarding lawn tractors,
fertilizer, and other retail stock being stored in front of the Home Depot store. The case was closed
on May 30, 2003.
73
8. In 2004, Home Depot USA, Inc. applied for a special use permit, SP#04-05 to amend the existing
SUP, SP#95-05 to allow expansion of the garden center, generally located at 5650 Main Street. The
Fridley City Council granted SP#04-05 on December 6, 2004 with seven stipulations. Stipulation
number seven states: There shall be no sa/es, storage or disp/ay of plant material or any other
merchandise ourside of the confines of the garden center walls.
9. Subsequent to approval of SP#04-05, Home Depot USA, Inc. completed a 20 foot expansion on the
south side of the garden center.
10. On April 20, 2007, City Planning staff initiated a code enforcement case regarding nursery stock
displayed for sale outside the garden center walls in the front area of the Home Depot store. The
case was closed on May 16, 2007.
11. On July 2, 2008, City Planning staff initiated a code enforcement case regarding nursery stock
displayed for sate outside the garden center walls in the front of the Home Depot store. The case
was closed on August 15, 2008.
12. On April 7, 2010, City Planning staff initiated a code enforcement case regarding storing and
displaying garden center products outside the garden center walls. Following a subsequent meeting
with the store and regional manager, the case was closed on April 14, 2010. As a result of the
meeting with store management, City staff allowed improvements to the front area of the garden
center into the pedestrian walkway for permanent planting areas to install planted nursery stock
for display.
13. On July 6, 2011, City Planning staff initiated a code enforcement case regarding displaying large
volumes of garden center material and landscaping materials for sale outside the garden center
walls. Upon re-inspection following the July 21, 2011 deadline, materials were still being displayed
out in front of the building. After reviewing history and matching it against these current violations,
staff believes the only alternative was to initiate a revocation of SP#95-05 and SP#04-05.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF OCTOBER, 2011.
ATfEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND — MAYOR
74
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TO:
FROM:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF OCTOBER 10, 2011
William W. Burns, City Manager�a
James Kosluchar, Public Works Directo
Layne Otteson, Assistant Public Works
October 10, 2011
PW l 1-��2
SUBJECT: Street Rehabilitation Project ST2009-02 - Change Order No. 2(Final)
Attached is Change Order No. 2(Final) for the 61St Avenue Street Rehabilitation Project ST2009-02. This
change order includes additional work outside of the original contract for concrete valley gutter, bituminous
milling and patching, storm sewer, water main, and restoration. The amount of the change order is
$20,312.50.
Item #1 is for additional repairs to an existing catch basin near State Highway 65 and East Moore Lake
Drive. The condition of the catch basin deteriorated due to the vibration of the heavy finish roller. While
the roller was operated as required to provide a good finished pavement, the catch basin structure was not
adequate to prevent damage. The Contractor provided grouting to repair and prevent future degradation to
the structure. The cost of this work is $320.60. This work will be paid for with Storm Water Utility funds.
Item #2 is for the removal and reinstallation of brick pavers in the median of East Moore Lake Drive
behind areas of replaced concrete curb and gutter. The center median on East Moore Lake Drive from
Highway 65 to Central Avenue is constructed with brick pavers and become loose when the curbing is
removed. The Contractor was directed to reconstruct the base and reinstall disturbed brick pavers. The
cost of this work is $1,399.07.
Item #3 is for the repair of several settlements that appeared on 61 St Avenue, (West of Highway 47)
during final paving operations and required additional work and materials for them to be corrected. The
Contractor patched and repaired the settlements as directed in the field by the Engineer. The cost of this
item is $339.31.
Item #4 is for additional milling and paving to improve drainage to the new pavement at the intersection
area of 61 St Avenue and Trinity Drive. The intersection is very flat and drains poorly. Staff directed the
�
Contractor to perform extra work on Trinity Drive in order to improve drainage. The cost of this work
is $1,402.45.
Item #5 is for the replacement of middle sections on four gate valves. While replacing the top sections,
four gate valves were found to be broken or cracked below the top section of the assembly. Staff
determined the valve assemblies needed replacement and directed the Contractor to replace the sections
while the street was excavated in order to minimize repair costs. The Contractor excavated to greater
depth and replaced the sections. This work included excavation, valve section replacement, backfill and
compaction. The cost of this work is $4,151.22. This work will be paid for with Water Utility funds.
Item #6 is for additional boulevard work at two locations near the Fridley Middle School. Staff and Rice
Creek Watershed District identified an opportunity to install two rain gardens in the future through a
grant program. The decision was made to utilize the Contractor on site to insta.11 the curb cuts and
regrade the boulevard in order to minimize costs. The Contractor excavated soils, placed topsoil, and
seeded the disturbed areas. The cost of this item is $254.33. This work will be paid for with Storm
Water Utility funds.
Item #7 is for concrete valley gutter required in order to correct drainage problems at the intersection of
61St Avenue and West Moore Lake Drive at the main entrance to Fridley Middle School beyond what
the project originally called for. The existing pavement was sawcut and removed. A 36" wide concrete
valley gutter was installed. The school required access to their parking lot throughout construction, thus
staff directed the Contractor to place aggregate on the valley gutter to prevent buses from damaging the
concrete while curing and gaining strength. The aggregate was removed after 7 days and adjacent
asphalt pavement was patched. The cost of this work is $12,445.52
Staffrecommends the City Council approve Change Order No. 1 to Northwest Asphalt, Inc. in the amount
of $20,312.50. The revised contract amount shall be increased to $577,483.73. This additional cost will be
paid using Minnesota State Aid funds, other than payments from utility funds as identified above.
LRO/lro
Attachment
.,
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRiDLEY, MN 55432
Northwest Asphalt, Inc. ...................................................October 11, 2011
1451 Stagecoach Road
Shakopee, MN 55379
SUBJECT: Change Order No. 2— 2010 Street Rehabilitation Project No. ST2009-02
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your contract for the 2010 Street Rehabilitation Project
No. ST2009-02 by including the following items:
Item No. Description Unit Unit Price Quantity Amount
� Grout CB's L.S. $320.60 1
$320.60
2 Reinstall Brick
Pavers �•S• $1,399.07 1 $1,399.07
3 Patch Settlements L.S. $339.31 1
$339.31
4 Additional Milling
5 Repair G.V. Bell
Sections
6 Re-seed Areas
L.S. $1,402.45 1
L.S. $4,151.22 1
L.S. $254.33 1
$1,402.45
$4,151.22
$254.33
7 Concrete Spillway L.S. $12,445.52 1
$12,445.92
Total $20,312.50
Submitted and approved by James Kosluchar, Director of Public Works, on the 10th day of October, 2011
James P. Kosluchar, Director of Public Works
Approved and accepted this day of , 2011 by Northwest Asphalt Inc.
Northwest Asphalt Inc., Representative
Approved and accepted this day of , 2011 by the CITY OF FRIDLEY
Scott Lund, Mayor
William W. Bums, City Manager
�
aTM oF
���
TO
FROM:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF OCTOBER 10, 2011
William W. Burns, City Manager �
�
James Kosluchar, Public Works Directo
Layne Otteson, Assistant Public Works
October 10, 2011
PWl 1-061
SUBJECT: Street Rehabilitation Project ST2011-01 - Change Order No. 1(Final)
Atta.ched is the Final Change Order (No. 1) for the 2011 Street Improvement Project ST2011-Olin Hyde
Park. This change order includes additional work outside of the original contract for additional
watermain, bituminous pavement and grading improvements. The amount of the change order is
$51,507.93.
Item # 1 is for unforeseen work required to correct a conflict with a fire hydrant replacement. As the
Contractor excavated to replace the hydrant at the northwest corner of 2%2 Street and 58th Avenue, an
abandoned storm sewer pipe and catch basin were discovered. The Contractor was required to spend
additional time to excavate the storm sewer pipe and catch basin without causing settlement. The catch
basin and pipe were determined to be in good condition and are now being utilized to accept storm
water. The cost of this work is $782.00, which is less than the cost it would take to remove the hydrant.
This work will be paid for with Storm Water Utility funds.
Item #2 is for the replacement of damaged middle section of two gate valves on Main Street. During the
replacement of the top sections of the water gate valves, we found that the middle sections were
deteriorated and needed replacement. The Contractor mobilized the equipment, crew, and materials
needed and made the necessary repairs. The cost of this item is $1,918.00. This work will be paid for
with Water Utility funds.
Item #3 is for the work related to the adjustment of a 36" telephone manhole structure on Main Street.
This structure had a special casting and was constructed from block that required additional time to
:.
repair and adjust. The Contractor supplied materials and spent extra time to adjust the manhole. The
cost of this item is $2,037.00. We will be seeking reimbursement from the utility owner for this item.
Item #4 is for the additional grading of the gravel base on the streets in the Hyde Park neighborhood.
'The existing streets in these neighborhoods were reclaimed. The depth of the existing asphalt varied
from one throughout the project area and several areas resulted in being very sandy and unstable.
Conective action required the Contractor to excavate the loose sandy soils and place stable gravel soils
identified as excess on other parts of the project. The cost of this extra work is $6,464.25.
Item #5 is for additional work on Rainbow Drive. A section of Rainbow Drive north of 61 St Avenue
shown excessive reflective cracking within several months of the new asphalt pavement was placed
(2009). Staff decided to continue observing the condition of the pavement and found continued
deterioration. Since this work was adjacent to this year's project, staff used the Contractor's forces
mobilized on the 2011 project to make the repairs and minimize costs. This section of street was milled,
the gravel base was prepped and new bituminous placed. The cost of this work is $3,619.01
Item #6 is for the patching of the bituminous base on Main Street. After the top 2 inches of bituminous
was milled off of Main Street, the underlying asphalt base was either absent or thin and deteriorated
beyond what soils investigation showed. The azea of Main Street found to have substandard base work
extended from 58�' Avenue to 61 St Avenue and was primarily evident in the areas along the curb and
gutter. Staff determined that complete replacement of the asphalt base section would have been
approximately $125,000 for this section (58�` Avenue to 61S` Avenue). Staff identified areas requiring
patching in order to provide a stable base for the new pavement and minimize reflective cracking. Staff
identified the locations and directed the Contractor to excavate the unsuitable materials and place an
aspha�t base. The cost of this item is $36,687.67.
Staff recommends the City Council approve Change Order No. 1 to Northwest Asphalt, Inc. in the
amount of $51,507.93. The revised contract amount shall be increased to $595,881.07. The additional
cost of this work will paid using Minnesota State Aid funds, other than payments from utility funds as
identified above.
JPK/lro
Attachment
87
CITY OF FRIDLEY
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
.................................................October 10, 2011
SUBJECT: Change Order No. 1— 2011 Street Rehabilitation Project No. ST2011-1
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your contract for the 2010 Street Rehabilitation Project
No. ST2011-01 by including the following items:
Item
No.
1
2
Description
Hydrant watermain
conflict
Gate valve Midsections
Rebuild Electrical
Units
L.S.
L.S.
Unit Price � Cost
1.00 $782.00 $782.00
1.00 $1,918.00 $1,918.00
3 Manhole L.S. 1.00 $2,037.00
3 Additional Base Gradin L.S. �2,037.00
4 Rainbow Drive Patchin L.S. � $6,464.25 $6,464.25
5 Main Street Patchin � S � $3,619.01 $3,619.01
1 $36,687.67 $36,687.67
Grand Total $51,507.93
Submitted and approved by James Kosluchar, Director of Public Works, on the 10th day of October, 2011
James P. Kosluchar, Director of Public Works
Approved and accepted this day of , 2011 by Northwest Asphalt Inc.
Northwest Asphalt Inc., Representative
Approved and accepted this day of , 2011 by the CITY OF FRIDLEY
Scott Lund, Mayor
William W. Burns, City Manager
::
City of Fridley
e
To: William W. Bums, City Manager
The Honorable Mayor and City Council
From: Roberta S. Collins �
Date: October 7, 2011
Re: Planning Commission Minutes — September 21, 2011
Attached are the minutes from the Planning Commission meeting of
September 21, 2011. After numbering and copying the agenda materials, I
noticed I had not included them on the index for the Council meeting. I
spoke with Bill Burns, and they will be added during Monday night's
meeting. We wanted to give you an opportunity to review them prior to the
meeting.
I apologize for any inconvenience this may have caused.
Attachment
PLANNING COMMISSION MEETING
September 21, 2011
Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Approval of Minutes:
David Kondrick, Jack Velin, Brad Sielaff, Tim Solberg, and Dean
Saba
Leroy Oquist and Brad Dunham
Stacy Stromberg, Planner
June 15, 2011
MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by
Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideration of a Resolution for �a Special Use Permit SP #11-02, by Schmidt
Osborne LLC, to Allow Limited Outdoor Storage, Generally Located at 7580
Commerce Lane NE.
MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 7:03 P.M.
Stacy Stromberg, Planner, stated the petitioner and property owner of 7580 Commerce Lane
NE, Mr. Cote, is seeking a special use permit to allow limited outdoor storage on the property.
He is hoping that if a special use permit is in place to allow outdoor storage that it will make this
site more marketable and will help with the potential sale of the property. He understands the
Code requirements to allow for limited outdoor storage and is agreeable to those regulations.
Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the
north, west and south. The property to the east is a commercial complex and is zoned C-2,
General Business. The subject property is located on the corner of Commerce Lane and Osborne
Road. The existing building was constructed in 1972, with an addition being constructed in
1974. A loading dock was added to the building in 1991.
Planning Commission Meeting
September 21, 2011
Page 2
Ms. Stromberg stated in 2003, Malton Equipment Co., applied for and received special use
permit approval to have outdoor storage on this site. They have since vacated the site, and it
remains unoccupied.
Ms. Stromberg stated in 2008, the petitioner purchased the subject property. He is also the
property owner of 100 Osbome Road, which is west of the property. At that time the petitioner
purchased the triangular piece of land west of the subject property that was part of 7580
Commerce Lane, to combine it with 100 Osborne Road. The additional land area was needed for
100 Osborne Road to create a new driveway to the multi-tenant building as a result of the quiet
zone changes to the rail crossing. This change in land area for the subject property changed the
outdoor storage area that was originally approved with the 2003 special use permit. Therefore,
staff determined that a new special use permit for outdoor storage would need to be obtained.
The 2003 special use permit will be repealed and replaced with this special use permit.
Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is
up to 50 percent of the building footprint with a special use permit. The building's square
footage is 21,754 square feet, so City Code would allow up to 10,877 square feet of outdoor
storage on this site. The petitioner is requesting to have outdoor storage in one designated area
on the west side of the site. The proposed area is 10,877 square feet in size, which is exactly 50
percent of the building's footprint. Because a tenant has not been identified for this site, at this
time the items to be stored are unknown.
Ms. Stromberg stated before the special use permit can be issued for limited outdoor storage,
several additional requirements need to be met. Those specific requirements relate to height,
screening, parking, and the types of materials allowed to be stored outside.
Ms. Stromberg stated based on the breakdown of uses within the building, which was provided
by the petitioner, parking needs for this site axe 16 parking stalls. The petitioner has shown on
the submitted site plan 19 parking stalis, which meets code requirements. If the building is used
for anything other than warehouse, additional parking may be required.
Ms. Stromberg stated the outdoor storage area will need to be screened from the public right-of-
way. There is a chain link fence already installed, with screening slats; however some of the
slats are missing. New slats will need to be installed where there are missing slats to ensure
proper screening from the public right-of-way.
Ms. Stromberg stated the proposed site plan meets all other outdoor storage code requirements.
Ms. Stromberg stated City staff heard from the business owner to the south of the subject
property who had questions about the types of items to be stored outside and the type of business
occupying the site. Those items are unknown at this time; however any new tenant would be
required to comply with ail code requirements for outdoor storage.
Planning Commission Meeting
September 21, 2011
Page 3
Ms. Strombe�-g stated City Staff recommends approval of both special use permits, with
stipulations as limited outdoor storage is a permitted special use in the M-2, Heavy Industrial
zoning district, provided specific code requirements are met, subject to stipulations.
Ms. Stromberg stated this Special Use Permit, SP #11-02 will repeai and replace SP #03-23 that
was approved to allow for limited outdoor storage in 2003.
Ms. Stromberg stated staff recommends that if the special use permit is granted, the following
stipulations be attached:
1. Outdoor storage on this site shall remain in the approved outdoor storage areas
only.
2. The existing fence shall have screening slats installed to allow proper screening of
the outdoor storage azea before occupancy of a new tenant or buyer.
3. If parking becomes an issue on this site, based on use of a new tenant, additional
parking shall be required.
4. Any new tenant or property owner shall be required to comply with code
requirements for limited outdoor storage.
Commissioner Saba asked at what point do they identify that what is being stored is in
compliance, before a tenant takes occupation of the building or do they require the petitioner to
come before the City Council or community development staff to make sure he is not storing any
chemica(s or flammables?
Ms. Stromberg replied, once a tenant has been identified staff will do an inspection and, (ike all
of the City's special use permits, staffreviews them annually to rnake sure the property continues
to remain in compliance.
Chairperson Kondrick stated he knows the City has ordinances regarding odors, etc. He
wanted to mention that is something on their mind as it does bother people. He asked how close
to Osborne is the fence now, should it be further away, or are they satisfied with the location of
it?
Ms. Stromberg replied, she would assume the fence is on the property line along Osborne Road;
and that is sufficient. It is according to Code requirements.
Chairperson Kondrick asked how tall is the fence?
Ms. Stromberg replied, she believed the fence is eight feet, which is what Code requires.
Chairperson Kondrick stated the City would not like it if they store materiats in there that was
bundled or stacked taller than the fence.
3
Planning Commission Meeting
September 21, 2011
Page 4
Ms. Stromberg replied, actually the City's outdoor storage regulations say the materials cannot
be taller than 12 feet.
Chairperson Kondrick asked, then the people who rent the space could have materials that are
visible above the fence?
Ms. Stromberg replied, yes.
Chairperson Kondrick asked, and there is nothing the City could do about that.
Ms. Stromberg replied, no.
Chairperson Kondrick asked whether the City is insisting the slats in the fence be replaced?
Ms. Stromberg replied, yes, if there are missing slats new ones need to be put in so that
everything is screened from the public right-of-way.
Chairperson Kondrick asked the petitioner if he was in agreement with the stipulations?
Bob Cote, Petitioner, replied, yes.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner
Solberg.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 7:12 P.M.
Chairperson Kondrick stated he has no problem with this.
Commissioner Saba replied, he does not either.
MOTION by Commissioner Saba to approve Special Use Permit SP #11-02, by Schmidt
Osborne LLC, to Allow Limited Outdoor Storage, Generally Located at 7580 Commerce Lane
NE with the following stipulations:
1. Outdoor storage on this site shall remain in the approved outdoor storage areas
only.
2. The existing fence shall have screening slats installed to allow proper screening of
the outdoor storage area before occupancy of a new tenant or buyer.
3. If paxking becomes an issue on this site, based on use of a new tenant, additional
parking shall be required.
4. Any new tenant or property owner shall be required to comply with code
reyuirements for limited outdoor storage.
4
Planning Commission Meeting
September 21, 2011
Page 5
Seconded by Commissioner Sielaff:
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. Receive the Minutes of the June 2, 2011, Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner
Solberg.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
3. Receive the Minutes of the May 23, 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.
4. Receive the Minutes of t6e May 10, 2011, Environmental Quality and Energy
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 UNANIIVIOUSLY.
5. Receive the Minutes of the July 6, 2011, Appeals Commission Meeting.
MOTION by Commissioner Sielaffto receive the Minutes. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR.PERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
6. Receive the Minutes of the July 12, 2011, Environmental Quality and Energy
Commission Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Cocrmmissioner Solberg.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
5
Planning Commission Meeting
September 21, 2011
Page 6
7. Receive the Minutes of the August 4, 2011, Housing and Redevelopment Authority
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:
To Repeal Chapter 510 Tree Preservallon Ordinance
Ms. Stromberg stated at the Planning Commission's last meeting on June 15, 2011, they heard
from Jack Kirk, Parks and Recreation Director, and Scott Hickok, Community Development
Director, regarding an amendment to Chapter 510 Tree Preservation.
Ms. Stromberg .stated that amendment would allow more discretion when removing trees on
publicly-owned property not only for diseased/infected trees but also for City projects.
Ms. Stromberg stated that amendment still required the Parks and Recreation Commission, the
Planning Commission, and the City Council to review plans for removal of trees before they can
be removed.
Ms. Stromberg stated since the City Council approved that text amendment, several situations
have arose that have made it clear the City's best action may have been to repeal the entire
ordinance instead of modifying it.
Ms. Stromberg gave the following examples of Code conflicts:
■ Fairview Medical Center/City of Fridley Electronic Sign
■ Three trees needed to be removed to allow for the sign install.
■ Extra 90-day process to allow both commissions and council to approve tree
removal.
■ Even though the sign install was already approved by the HRA and City.
■ HRA had already agreed to pa.y for three replacement trees in a preferred
location — yet the process of Chapter 510 needed to be followed.
■ Boulevard trees along 73�d Avenue next to Sam's Auto Parts
■ The trees are unsightly and in the way of the private property owner own
landscape plan and fencing plan which are required as part of his SUP for a
recycling center.
■ Time is of the essence as we move towards winter to get the unsightly trees
removed and new trees installed.
0
Planning Commission Meeting
September 21, 2011
Page 7
City's street department and the City Forester have agreed is better to have these
trees removed from the boulevard and have new trees installed on the private
property.
Yet because of the requirement in Chapter 510, an additional 90-day process is
required before the trees can be removed.
Ms. Stromberg stated City staff, Commissions, and Council know the value of trees; and trees
are not going to be removed haphazardly, simply because Chapter 510 is not in place.
Relaxation of the City's ability to remove the trees, however, would be a valuable advancement
in efficiency.
Ms. Stromberg stated staff recommends repealing Chapter 510 on public property, to leave the
preservation task to those who have been trusted with the task of managing the City's forest, the
City Forester.
Commissioner Sielaff asked, would the plans be in another part of the ordinance or is that just
considered policy?
Ms. Stromberg replied, it looks like the Parks and Recreation Commission is interested in
creating a policy; and Councilmember Bolkcom had also suggested creating a policy to review
plans for removal of trees on park land only. However, City bou(evard trees would be left up to
the discretion of the City Forester.
Commissioner Sielaff asked whose responsibility is it to make sure the policies are followed?
Ms. Stromberg replied, in this situation she assumed Jack Kirk, Park and Recreation Director
would make sure that any changes or adjustments to park land would go before the Parks and
Recreation Commission since they are the ones asking to be involved in that process.
Commissioner Sielaff asked who oversees the policy on other City land that is not parks?
Ms. Stromberg replied, they would leave that up to the City Forester.
Commissioner Sietaff asked, the City Forester's title would be in the policy then?
Ms. Stromberg replied, the policy statement has not been written yet; but she thinks that is the
idea the Parks and Recreation is asking for and is what they are hearing Council wants to see.
Chairperson Kondrick stated he thinks they are on track and taking all possible protective
measures to protect parks and City-owned property from indiscriminate tree cutting.
MOTION by Commissioner Velin Repealing Code Section 510 Tree Preservation. Seconded by
Commissioner Solberg.
7
P(anning Commission Meeting
September 21, 2011
Page 8
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
ADJOURN
MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Sielaff.
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,
' /yJ .���'�
Denise M. Johnson
Recording Secretary
8
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