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03/10/2008 - 6153� � CffY OF FRIDLEIf FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2008 T:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, A��RFSS AMU /i'FM NUMBFR YOU ARF /NTFRFSTFD /N. Print Name (Clearly) Address Item` No. < � �� J � � / � IS ' l. � � �- � �� � �=+,� � . �. � � FRIDLEY CITY COUNCIL MEETING OF MARCH 10 2008 `��'4e v G7TY 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. rj �- 3� PRESENTATION: Springbrook Nature Center Day Camps APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): � Approve Change Order No. 4 for the 2007 ��� Street Improvement Project No. ST. 2007 —1 ......................................... 11 - 12 ���� ����� Award 2008 Street Maintenance APPROVAL OF PROPOSED CONSENT AGENDA: 5��(��� Contracts ........................................ 13 —17 APPROVAL OF MINUTES: �Qw""��'� � � ��` � �� City Council Meeting of February 25, 2008 �� NEW BUSINESS: 1. Special Use Permit Request, SP #08-02, by Mondi Minneapolis, to Allow Limited Outdoor Storage of Pallets Within a Fenced in Area in the Rear Yard of the Property Generally Located at 5261 Ashton Avenue (Ward 3) .................................. 1 - 4 2. Approve Extension of Rezoning Request, ZOA #05-03, by JLT Group, Inc., for the Property Generally Located at 5601 East River Road (Ward 3) ................................... 5 - 6 3 � ��D Resolution Ordering Advertisement for Bids: 2008 Miscellaneous Concrete Repair Project No. 375 ........................................... 7 - 8 Receive Bids and Award Contract for the Repair of Wells 8, 9 and 12 ............ 9- 10 ������e� �����j�-��- 7. 8. 9. Appointment — City Employee Claims.................................. Licenses ADOPTION OF AGENDA. ..... 18 19 20-21 �f�� p �� ir' � ,B / �S /�� OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes NEW BUSINESS: 10. Informal Status Reports ADJOURN. � �, (� � � 2 � (�� /� � �-.- � � CITY COUNCIL MEETING OF MARCH 10, 2008 CffY OF FRIaLEi' The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Springbrook Nature Center Day Camps APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 25, 2008 NEW BUSINESS: Special Use Permit Request, SP #08-02, by Mondi Minneapolis, to Allow Limited Outdoor Storage of Pallets Within a Fenced-in Area in the Rear Yard of the Property, Generally Located at 5261 Ashton Avenue (Ward 3) .................................................... 1- 4 2. Approve Extension of Rezoning Request, ZOA #05-03, by JLT Group, Inc., for the Property Generally Located at 5601 East River Road (Ward 3) ................................................................................................... 5 - 6 FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Resolution Ordering Advertisement for Bids: 2008 Miscellaneous Concrete Repair Project No. 375 ........................................ 7- 8 4. Receive Bids and Award Contract for the Repair of Wells 8, 9 and 12 ........................................................................ 9- 10 5. Approve Change Order No. 4 for the 2007 Street Improvement Project No. ST. 2007 — 1 ............................................ 11 - 12 6. Award 2008 Street Maintenance Contracts ................................................ 13 - 17 7. Appointment — City Employee ..................................................................... 18 8. Claims ........................................................................................................ 19 9. Licenses ..................................................................................................... 20 - 21 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes NEW BUSINESS: 10. Informal Status Reports .................................................................................. 22 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 25, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Varichak Councilmember Bolkcom MEMBER ABSENT: Councilmember Saefke OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Fritz Knaak, City Attorney Rachel Harris, Environmental Planner PRESENTATION: A cardiac arrest response demonstration was presented by the Fridley Fire Department and Allina. 2007-2008 Annual Review of NPDES Jim Kosluchar, Public Works Director, presented the 2007-2008 Annual Review of the National Pollutant Discharge Elimination System (NPDES). He reviewed the Stormwater Authority Legislation U.S. EPA 1987 Clean Water Act — CFR 40 Parts 122, 123 & 124, the EPA delegated Phase I& II Stormwater Program Authority to each state, in Minnesota, delegated to Minnesota Pollution Control Agency (MPCA) and the MN Statute 115.03, Subd. 5— MPCA given authority over the Phase I& II Stormwater Program. Mr. Kosluchar said the stormwater pollution prevention program requirements are public outreach/education, public involvement/ participation, illicit discharge, detection/elimination, construction site runoff control, post-construction storm water management, and pollution prevention and good housekeeping for municipal operations. This is the completion of Fridley's Sth Year under the NPDES program. Fridley has been very proactive over the years in the implementation of a Storm Water program. We have been meeting the requirements of the six minimum measures for many years prior to these requirements from the Federal level. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 2 Mr. Kosluchar said public education and outreach for 2007-2008 features Fridley Municipal Television Channel 17 including "Good Water Gone Bad," "The Springbrook Watershed Project." Several videos have aired on 70 plus occasions. "Endangered Wetlands" is another broadcast produced by Springbrook Nature Center (SNC) in 2004 and is still regularly aired. These educational programs explain what wetlands are and how development and non-point source pollution are endangering wetland habitat. Springbrook Nature Center (SNC) Saturday Workshops were conducted in 2007 as part of the Clean Water Partnership program. Mr. Kosluchar said in 2007, we focused on labeling catch basins in the Oak Glen and Fridley Central sub-watersheds. Informational handouts were passed out at relevant community events. Public participation and involvement in 2007-2008 included rain gardens. The grading and planting of six new rain gardens was completed with the 2007 Street Reconstruction Proj ect as a cooperative project with residents. With respect to wetland curriculum, the SNC staff completes a wetland curriculum with all 3rd and 8th grade students from the Fridley School District. More than 600 students attended last year. Mr. Kosluchar said Illicit Discharge Detection and Elimination in 2007-2008 involved a storm sewer system map. System maps have been updated on a regular basis to include an outfall inventory. Additional work continues on adding information about the private storm sewer systems to our database and maps. The Illicit Discharge Ordinance for Fridley, Chapter 110.02.6 of the City Code, prohibits the dumping of hazardous materials into the storm drainage system or waterway. This is now enforceable as a public nuisance. Newsletter articles on illicit discharge will include an article in the spring newsletter about how residents can help out by cleaning catch basins near their homes. Mr. Kosluchar said during outfall inspection and cleaning, the City will inspect a minimum of 20% of outfalls each year. Drains and manholes are cleared of debris and accumulated sediments are removed as necessary. The outfalls directly to Rice Creek were inspected in 2007. The inspection provides updated visual and written information on the components, materials, and conditions of outfall structures. Construction Site Runoff Control for 2007-2008 includes maintaining compliance with development ordinances, such as the new stormwater management and erosion control ordinance that was approved by the City Council in 2006. In addition, ordinances are enforced to help protect shore land areas and to require curbing of parking areas in commercial, industrial, and multifamily zoning districts. Construction Compliance requirements will include refining for contractors and developers, to be applied to building permit requirements. The intent is to educate building and construction industry and provide compliance with the permit. The next step in the process is to integrate guidelines further with construction permitting. The City maintains its own compliance on its projects, and assists with education on compliance for contractors. Mr. Kosluchar said Pollution Prevention/Good Housekeeping for Municipal Operations in 2007-2008 includes storm sewer treatment device cleaning. The City inspects and removes debris and sediment from the seven structural storm sewer treatment devices each spring and fall. The City completed six rounds of street sweeping in 2007 removing approximately 3,600 cubic yards of material from our streets. About half of this material is sand or dirt. The City has FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 3 reduced the amount of sand applied to roadways for the 2007-2008 winter season. Elimination of sand application in one of six districts was completed as a reduction measure. Mr. Kosluchar said if anyone needs additional resources they can be found at the MPCA Storm Water web site, www.�ca.state.mn.us/water/stormwater/index.html, the EPA Storm Water web site, www.epa.�ov/npdes/stormwater, and the City's web site, www.ci.fridlev.mn.us. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council meeting of February 11, 2008. APPROVED. NEW BUSINESS: 1. Resolution Authorizing Execution and Delivery of a Release of Option Rights Relating to a Storm Sewer Easement at the Property Located at 6499 University avenue NE (Ward 1). William Burns, City Manager, stated that in December of 1988, the City retained an option from the owners of 6499 University Avenue to an easement for storm sewer purposes on this property. This easement is in the middle of the former Target Operations Center building just north of the Municipal Center. The current owner of the building is in the process of selling the building to a new real estate investment company and wishes to clear the title to the property. Public Works staff has determined that there is no need for this storm water easement and recommends that Council release its option to claim a future easement. ADOPTED RESOLUTION NO. 2008-12. 2. Resolution Authorizing Changes in Appropriations for the 2007 Budget for December, 2007. William Burns, City Manager, stated these changes reflect the expenditure of funds from grants, donations, and reimbursements for the General Fund and the Springbrook Nature Center Fund. The $19,820 in new General Fund expenditures is all offset by donations and other unbudgeted revenue sources. Nearly all of these expenditures are from the Police Department and the Parks and Recreation Department. Examples of these expenditures include those for Safety Camp, '49er Days, and National Night Out. The $1,615 in new Springbrook Nature Center expenditures was for a flat screen television that was totally offset by donations. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-13. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 4 3. Resolution in Support of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for the Northeast Lions Club at Baggans Pub Located at 3720 East River Road (Ward 3). William Burns, City Manager, stated this is a renewal of a permit held by the Northeast Minneapolis Lions. The new permit will extend from April 1, 2008 to March 31, 2010. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-14. 4. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary Sewer Lining Project No. 376. William Burns, City Manager, stated $65,000 has been budgeted for the lining of sanitary sewers on portions of River Edge Way, Third Street, and Woody Lane in 2008. The resolution authorizes staff to seek bids for this work Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-15. 5. Claims (135621-135770). APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY OPEN FORUM (VISITORS): NO ONE FROM THE AUDIENCE SPOKE. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 5 PUBLIC HEARING: 7. Consider Revocation of Special Use Permit SP #06-08, for Fridley Gas and Shop, to Operate a Service Station with Fuel Sales in a C-2, General business Zoning District, Generally Located at 6071 University Avenue NE (Ward 1). MOTION by Councilmember Bolkcom to open the public hearing and waive the reading. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:05 P.M. Rachel Harris, Environmental Planner, presented the Fridley Gas and Shop public hearing to consider revoking Special Use Permit, SP #06-08. Staff has been unable to obtain consistent compliance despite numerous code enforcement letters, meetings on-site and in the city offices, and a 2006 public hearing for consideration of revocation of the special use permit. The repeated non-compliance of the business owner and property owner has led staff to recommend revocation of Special Use Permit, SP #06-08. Ms. Harris stated that on November 5, 2007, staff issued a code enforcement notice for exceeding 48-hour parking, storing unlicensed vehicles, and parking vehicles outside of striped stalls. The vehicles in violation were absent upon re-inspection on November 19, 2007, and the case was closed. Unlicensed vehicles were also on site. Ms. Harris said that on December 14, 2007, the business owner met with staff regarding special use permit parking violations. Staff explained the special use permit stipulations. He said vehicle owners do not pick up vehicles once repaired. He requested an extension to remove vehicles in violation. He complied by the new deadline of 8:00 a.m. December 24, 2007. A few days later, on December 28, 2007, staff found a silver sedan in violation of the 48-hour parking stipulation. On January 4, 2008, staff observed two vehicles had been on-site for 8 days. Ms. Harris said staff recommends that Council take comment for the consideration of revocation of Special Use Permit, SP #06-08, for Fridley Shop and Stop, located at 6071 University Avenue NE, at the February 25, 2008, Council meeting. Councilmember Bolkcom asked which stipulations were violated. Ms. Harris answered numbers 2, 3, 5, 10, and 12. Husein Ahmed, 2312 Louisiana Avenue South, St. Louis Park, property owner, introduced himself to Council. He said he was the property owner. Awis is the business owner and he could not be present. Councilmember Barnette asked if a car was on the lot with no current plates, could the City tow the car. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 6 Scott Hickok, Community Development Director, answered that the issue of no current plates would rarely be the only problem. This location in the past has had so many cars parked on the lot, it has looked like a small salvage yard. The unlicensed vehicles were driven there probably to get repaired, so it would be the property or business owner's responsibility to keep the vehicles moving and not have them simply sit on the site with an abandoned appearance. Councilmember Barnette asked Mr. Ahmed to comment about the illegally operated vehicles. Mr. Ahmed answered that any cars that are parked on the lot for more than 48 hours will be towed. He is going to have a contract with a towing company to take the cars away. He will take care of the other issues with the business owner and be more active and make sure the stipulations are met. Mayor Lund said that some of the cars are parked around the gas tank where safety is an issue. If emergency vehicles needed to get to the area and the area was blocked, they would not be able to service the location. The yellow stripes are where vehicles are not supposed to park and the property owner may not think this is important until something happens. Mr. Ahmed said he would make sure to mark the area where cars are not supposed to park better. Councilmember Bolkcom said that the stipulations are nothing new and other companies with this type of special use permit need to adhere to the stipulations. She asked why it is taking so long for this location to comply with the stipulations. Mayor Lund asked Mr. Ahmed when he took possession of the property. Mr. Ahmed answered that his father purchased the property in 2005. His father was in charge of the property but he passed away in September of 2007. Mayor Lund said the ownership has been the same since 2005 and asked why there are so many repeated violations. Mr. Ahmed answered that a tenant left in mid-2006 and a new tenant is currently on the property. He plans to reconstruct the lease and be more active or find another new tenant. Mayor Lund said that there is a long history of violations. Mr. Ahmed said he would like to remedy the situation. Councilmember Bolkcom said that his father said the same thing but nothing has changed. Now there is a new owner and the same things are happening again. She reminded Mr. Ahmed that a special use permit is a privilege and staff should not have to police the property. She asked what guarantee there was to make sure the stipulations would be met. Mr. Ahmed said he would work to remedy the situation as soon as he could. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 8 in violation a short time later. She suggested that staff keep monitoring the situation and that the property owner take care of the issues. Mayor Lund said he wanted this property in compliance within 48 hours and advised staff to continue to spot-check the area. The property owner needs to talk to the business owner about the stipulations, and make sure he complies. He said he agreed with Councilmember Bolkcom about keeping the public hearing open for three months. Mr. Hickok suggested that if repair is needed and a part is not in, the customer should be advised not to bring the car in until the part is received. The business owner is aware that staff will be watching this property closely. MOTION by Councilmember Barnette to continue the public hearing to consider revocation of Special Use Permit SP #06-08, for Fridley Gas and Shop, until May 5, 2008. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Mayor Lund said the property owner has two days to get the property into compliance. Staff will visit and inspect the property to make sure they continue to be in compliance. If there are violations between now and May 5, 2008, the special use permit may be revoked. Mr. Ahmed asked for a list of stipulations. Mr. Hickok provided him with a list of the stipulations. Councilmember Varichak asked how far Mr. Ahmed lived from the property. Mr. Ahmed said that he lived in St. Louis Park but he would do his best to maintain the property. NEW BUSINESS: 8. Resolution Revoking Special Use Permit, SP #06-08, for Fridley Gas and Shop, to Operate a Service Station with Fuel Sales in a C-2, General Business Zoning District, Generally Located at 6071 University Avenue NE (Ward 1). MOTION by Councilmember Bolkcom to table this resolution until May 5, 2008. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 9 9. Informal Status Reports. Councilmember Bolkcom asked if there was anything new on the quiet zone. Jim Kosluchar, Public Works Director, answered no. Councilmember Bolkcom thanked Dr. Burns and Mayor Lund for their representation at the Capital regarding the Northstar Commuter Rail and LGA. She thanked them for their time and effort. Mayor Lund asked people to support Empty Bowls on March 3 from 4:30 p.m. to 8:00 p.m. at Murzyn Hall in Columbia Heights. This event will help replenish the food shelves. There will be a free-will donation for a modest meal. Dr. Burns congratulated staff and the HRA on a successful Home and Garden Show. Mr. Hickok said it was a great show and an opportunity to share information about important programs like the Loan Program and home improvement opportunities. Councilmember Barnette reminded residents that the first Saturday of each month is a free paper-shredding event at noon at the Fridley Municipal Center. 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 8:50 P.M. Respectfully submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor � � CffY OF FRIaLEI' AGENDA ITEM CITY COUNCIL MEETING OF MARCH 10, 2008 Date: March 4, 2008 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #08-02, Mondi Minneapolis M-08-11 INTRODUCTION The petitioner, Steve Lieb, of Mondi Minneapolis, is seeking a special use permit to allow limited outdoor storage of pallets within a fenced in area in the rear yard of the property at 5261 Ashton Avenue. The petitioner is requesting to store pallets which are required for their business in a 9 ft. by 75 ft. enclosed storage area. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 53,952 square feet, so City code would allow up to 26,976 sq. ft. of outdoor storage on this site. The petitioner is proposing to construct a 9 ft. by 75 ft. (675 sq. ft.) fenced in area to allow for the storage of pallets used for the business. This 675 sq. ft. outdoor storage area is 2.5% of the allowable outdoor storage space allowed for this property. PLANNING COMMISSION RECOMMENDATION At the February 20, 2008, Planning Commission meeting, a public hearing was held for SP #08- 02. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #08-02, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. No outdoor storage other than the proposed enclosed area for pallet storage shall exist on the site without an additional special use permit being approved. 2. The petitioner shall receive approval from the Fire Marshal prior to construction of the enclosed area. City of Fridley Land Use Application SP #08-02 February 20, 2008 GENERAL INFORMATION Applicant: Mondi Minneapolis Steve Lieb 5261 Ashton Avenue NE Fridley MN 55421 Requested Action: Special Use Permit to allow exterior storage of materials in an M-2, Heavy Industrial zonina district. Existing Zoning: M-2 (Heavy Industrial Location: 5261 Ashton Avenue Size: 101,495 sq. ft. 2.33 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-2 E: Industrial & M-2 S: Industrial & M-2 W: Industrial & M-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.12 requires a special use permit to allow limited outdoor storage. Zoning History: 1985 — Lot is platted. 1999 — Existing building is constructed. Legal Description of Property: Lot 1, Block 3, Great Northern Industrial Center East lying in the North %2 of the Northeast'/4 of Section 27, Township 30, Range 24, together with Lot 2, said Block 3, subiect to easement of record. Public Utilities: Building is connected. Transportation: The property is accessed from Ashton Avenue. Physical Characteristics: Building, hard surface and parking areas and landscapina. SU M MARY OF PROJECT SPECIAL INFORMATION The petitioner, Mr. Lieb is seeking a special use permit to allow limited outdoor storage of pallets within a fenced in area in the rear yard of the property located at 5261 Ashton Avenue. SU M MARY OF ANALYSIS City Staff recommends approval of this special 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. CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 10, 2008 60 Day — March 17, 2008 Existing Pallet Storage Staff Report Prepared by: Stacy Stromberg SP #08-02 REQUEST The petitioner, Steve Lieb, of Mondi Minneapolis, is seeking a special use permit to allow limited outdoor storage of pallets within a fenced in area in the rear yard of the property at 5261 Ashton Avenue. The petitioner is requesting to store pallets which are required for their business in a 9 ft. by 75 ft. enclosed storage area. HISTORY AND ANALYSIS The property is zoned M-2, Heavy Industrial as are all surrounding properties. It is located on the corner of 52nd Way and Ashton Avenue. The property was developed in 1999, with a 53,952 square foot building. While doing code enforcement inspections in this neighborhood, it came to staff's attention that this property is in noncompliance with outdoor storage requirements as are several other businesses in this neighborhood. As a result, a letter was sent to the property owners notifying them of the violation and the need for them to apply for a special use permit if they wish to continue to have outdoor storage. As a result, the petitioner has requested a special use permit. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building � footprint with a special use permit. The building's square footage is 53,952 square feet, so City code would allow up to 26,976 sq. ft. of outdoor storage on this site. The petitioner is proposing to construct a 9 ft. by 75 ft. (675 sq. ft.) fenced in area to allow for the storage of pallets used for the business. This 675 sq. ft. outdoor storage area is 2.5% of the allowable outdoor storage space allowed for this property. Before the special use permit can be issued, 9 additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. City code requires that the existing business have 34 parking stalls based on the breakdown of uses within the building. The petitioner has articulated to staff that the existing business only has 5 employees and the parking area is really needed more for semi- truck parking and semi-truck maneuvering to and from the loading dock. The site plan submitted by the petitioner shows 22 parking stalls; however they have proposed to proof an additional 23 parking stalls. This would be considered appropriate based on the existing needs of the business. If those needs were to change, the proof of parking area would need to be striped and maintained for vehicle parking. The petitioner is meeting or exceeding all of the other code requirements. City staff has heard from only one neighboring property owner who was inquiring what types of items were planning to be stored outside. They didn't have any problem with the request after staff explained what was going to be stored on site. RECOMMENDATIONS City Staff recommends approval of this special 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. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. No outdoor storage other than the proposed enclosed area for pallet storage shall exist on the site without an additional special use permit being approved. 2. The petitioner shall receive approval from the Fire Marshal prior to construction of the enclosed area. � � C1TY flF FRIaLE'f DATE: TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 10, 2008 March 5, 2008 William W. Burns, City Manager Scott J. Hickok, Community Development Director Ea� tension Request — for ZOA # OS-03 INTRODUCTION JLT Group, Inc. has requested a six month extension to prepare materials for the second reading of the ordinance regarding rezoning request ZOA #OS-03. ELEMENTS OF REQUEST Those Council members that were here in 2005 will recall tl�at the JLT site is at the northeast corner of Highway 694 and East River Road. On September 12, 2005, Council approved first reading of a rezoning to allow JLT Group, Inc. the ability to market their property as a C-3, Shopping Center District site. The first reading was accompanied by a sripularion tl�at the JLT Group return within 2 years of the date of their approval with a site plan and all the other elements tl�at typically accompany a rezoning request in the City of Fridley. In July 2007, representarives from a large retail organization attended the City's Development Review Committee meeting. Their plan included a 153, 000 square foot big box retail facility, gas pumps and a car wash. Staff eapressed concern over the draft proposal. Stafis concerns were only partly due to the lack of density of the project. The use proposed also lacked architectural interest, landscaping, appeared to have an overabundance of parking, and no ponding. On the bright side, the plan did place the buildings so that an eventual connecrion could be made between 57�' Avenue and East River Road. After hearing of staff's other concerns, the JLT Group asked for addirional time to respond to those concerns with the retail developer. Most recently, JLT representatives have been working with the proposed retail developer on access issues. In the process of that work, they discovered that they would need to negoriate access arrangements with the properry owner to the north Capelli (Formerly Longview Fiber). They have been in negotiations and are confident that they will be able to work through the remaining issues; however, they will need rime to do so. Staff recommends the ea� tension, but requests that the eatension not exceed 6 months. If additional eatension is required at that time a new request to Council should be submitted. RECOMN�NDATION Staff recommends that Council grant an ea� tension to September 12, 2008, to allow JLT Group, Inc. the opporiunity to prepare the materials necessaty for the second reading of ZOA-OS-03. � ���� �_ '��� p Inc. March 3, 2008 Scott Hickok Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN 55432-4384 Re: 5601 East River Road; Rezoning, 20A #05-03 Dear Mr. Hickok: This letter is written in as a follow up to the requirements established by the City Council with regard to rezoning the referenced property. On August 27, 2007, the City Council authorized JLT Group Inc. to complete certain steps prior to March 12, 2008, in order to facilitate second reading of the rezoning. This letter is written to request a six-month extension of the March 12, 2008, deadline to September 12, 2008. As we have discussed and previously reported in August 2007 and subsequently, JLT has been actively marketing the project site. The response continues to be favorable. We are in continuing negotiations with a large retail purchaser and that purchaser has had discussions with the City's Design Review Committee ("DRC") regarding improvements to the redevelopment proposal Since that time, we have been in negotiations with the adjoining property owner to the north regarding certain access rights necessary to facilitate our property's redevelopment. These access issues have occurred, in part, due to the City's proposed plans for expansion of 57�' Street. These negotiations are productive and we remain confident they will result in arrangements that will allow the redevelopment to occur. However, until exact access descriptions have been completed and the corresponding transactions arranged, it has not been possible for us or our purchaser to complete the final pfans necessary to meet the requirements for second reading of the rezoning ordinance. Therefore, we feel it is in the best interests of the City, our purchaser and us to request an additional extension. As was granted previously, we request a six-month extension because that time period is similar to what we understand is the City's existing policy for extension of plats. We remain hopeful that we will have a final site plan for ttie City Council's review much sooner. Thank you for your continued assistance with this matter. Please contact me if I can provide any further information. cc: Dr. William W. Burns, City Manager 6 www.jltgroupinc.com 651.641.1111 651.641.1244 Fax 10 River Park Plaza Suite 800 St. Paul, MN 55107 � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF MARCH 10, 2008 William W. Burns, City Manager James Kosluchar, Public Works Director Layne Otteson, Asst Public Works Director March 10, 2008 Miscellaneous Concrete Repair Project No. 375 ' �: � �: Attached is a resolution ordering advertisement for bids for the 2008 Miscellaneous Concrete Repair Project No. 375. This resolution is provided for execution by the City as mandated by State law. This project covers remedial sidewalk, pavement and curb repair and replacement in the City whether due to utility repairs, deterioration, or driveway entrance permits. The project cost estimate is $55,000. Recommend the City Council adopt the attached resolution ordering advertisement for bid for the 2008 Miscellaneous Concrete Repair Project No. 375. LO Attachment RESOLUTION NO. 2008- RESOLUTION ORDERING ADVERTISEMENT FOR BIDS: 2008 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 375 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follows: That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as required: 2008 Miscellaneous Concrete Repair 2. The plans and specifications prepared by the Director of Public Works for such improvements are hereby approved and shall be filed with the City Clerk. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 10:00 AM WEDNESDAY, APRIL 3, 2008, and that no bids will be considered unless sealed and filed with the Director of Public Works. That the advertisement for bids for 2008 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 375 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CTTY OF FRIDLEY THIS lOTH DAY OF MARCH, 2008. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, Cty Clerk � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDAITEM CITY COUNCIL MEETING OF MARCH 10, 2008 William W. Burns, City ManagerPW08-007 James P. Kosluchar, Public Works Director March 10, 2008 Award of 2008 Repair Contracts for Wells 8, 9, and 12 Each year the Public Works Department budgets $30,000 for the preventative maintenance repairs of each of two or three City wells. In 2008, three wells are scheduled for preventative maintenance repairs and $90,000 is included in the 2008 budget. Much of the work necessary cannot be determined until the wells have been removed. Evaluation of the bids for award is from a list of base bid items. Alternate costs are also provided in the bid to cover additional items that may need repair but cannot be determined until each motor and pump has been removed and their components examined. Bids were opened on Thursday February 28, 2008 at 10:00 am for the contract to repair wells #8 #9 and #12. Bids were received from three different companies. • The low bid for Well #8 repairs was received from Bergerson-Caswell, Inc. of Maple Plain, MN. • The low bid for Well #9 repairs was received from Bergerson-Caswell, Inc. of Maple Plain, MN. • The low bid for Well #12 repairs was received from Bergerson-Caswell, Inc. of Maple Plain, MN. The base bid provided by Bergerson-Caswell for the three wells is $60,090.00. Recommend the City Council receive the bids and award the well repair contract to the low bidder per the cost schedule submitted, award work for the base bid and additional work as needed and as directed by staff within the budgeted amount for these repairs. JPK:jpk Attachments MEMO TO: 7im Kosluchar, Public Works Director FROM: Kory Jorgensen, Water Department Supervisor DATE: March 4, 2008 SUBJECT: Bid Opening — Repair of Well #8, Well #9 & Well #12 The Public Works Department prepared specifications and advertised for bids for the repair of City Wells #8, #9 and #12. On February 28, 2008 the City received proposals from three well repair contractors. The City asked each to bid on the project base bid items and also pump repair pricing. We also asked for alternate bids of "possible" repairs. The results of those bids are as follows: BID RESULTS Well #R Well #9 Well #12 I recommend that the repair of Well's S, 9 and 12 be awarded to Bergerson Caswell. The FY2008 Water Department capital budget has allocated $90,000 for the repair of these wells. The total m�imum cost for repairing these wells exceeds the aliocated amount by $35,225.00. The bids received however, are maximum amounts and will only be expended if all parts of the wells need to be replaced. The well repairs aze bid based on the unit cost of the parts that actually aze replaced and therefore actual final repair costs are projected to be less than the budgeted amount. 10 « . TO: 1 , 1 CITY COUNCIL MEETING OF MARCH 1 �, 2008 William W. Burns, City Manager /,! FROM: Jaines P. Kosluchar, Public Works Directar l� .�✓/'�,/-'—"° I,ayne Otteson, Assistant Public Works Direc� =3 • ��� DATE: March 10, 2008 � / SUBJECT: 2007 Street Impr�vernerrt Project - Change Order No. 4 PWQ8-009 Attached is Change Order No. 4 for the 2007 Neighborhood Street Impravement Project No. ST. 2007-1. This change order is due mainly to earthwork quantity changes from those estimated far the project. At the conclusion of the pr�ject, the contractor requested an increase in several pay items. Staff inet with the contractor and design engineer on separate occasions. On March 6, 2008, final quantities were agreed up�n through measurement and calculatians supporting the request for the following items: Item 1 This item increases the pay quantity to include the reclaiming of the asphalt curbing, which was not accommodated in the original estimate. The additional reclaiming was directed by staff, and resizlted in a higher quality of reclaimed material used as roadway base. C�st: $ 4,749.80 / Funding: Street Project ST 2007-01. Item 2 Boulevard excavation in excess of plan estimated quantity was completed throughout the project beyond the back of curb, as directed by staff. This provided smoother grade transitions on boulevards far property owners. Cost: $ 46,080.00 / Funding: Street Project ST 2007-01. Item 3 Tolerancing (iinished grading) of Class 5 road base, a fixed cost, was included as part of the volume-based Class S placement bid item. Due to the substantial reduction in Class 5 quantity, the contractor has requested an adjustment to avoid excess relative cost of Class 5 tolerancing. This request is in accordance with the contract specifications. Cost: $ 15,900.00 / Funding: Street Project ST 2007-01. Item 4 Engineering staff directed the contractor to avoid removing and replacing Class .5 aggregate base material under driveways where existing base was acceptable. Cost: ($10,072.00) deduct / Funding: Street Project ST 2007-1. The revised contract amount wauld be increased to $ 2,497,974.33. This is 1.0% over the original contract arriount of $ 2,429,Q62.S. Staff recommends appraval of Change Order No. 4 ta Forest Lake Contracting, Inc. in the amount of $S6,6S7.$0 JPK; jpk/la Attachments Page 1 of 1 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 March 6, 2008 SUBJECT: Change Order No. 4 for the 2007 Street Improvement Project No. ST2007-1 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 2007 Street Improvement Project No. ST2007-1 by adding the following work: ITEM ITEM DESCRIPTION COST 1 Excess A re ate Base, Class 7 $ 4,749.80 2 Excess Common Excavation $ 46,080.00 3 Excess Cost for Class 5 Tolerancin $ 15,090.00 4 Deduct for Reduction in Class 5 Base — Drivewa s $ -10,072.00 TOTAL $ 56,657.80 Submitted and approved by James P. Kosluchar, Public Works Director, on the 29th day of November, 2007. James P. Kosluchar Public Works Director / City Engineer Approved and accepted this day of , 2008 by Forest Lake Contracting, Inc. Approved and accepted this __day of , 2008 by CITY OF FRIDLEY Scott J. �und, Mayor William W. Burns, City Manager � . :.a TO: FROM: DATE: SIIBJECT: AGENDA ITEIVI CITY COUNCI� MEETING OF MARCH 10, 2008 William W. Burns, City Manager James P. Kosluchar, �'ublic Works Directo March 10, 2008 2Q08 Street Maintenance Bids r `` °� � �� PW08-010 In recent years the City of Fridley has participated in a cooperative contract with the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights, and Ham Lake through a joint powers agreement for street maintenance services. The City of Fridley regularly participates in contracting far sealcoating, street sweeping, and pavement marking services as part of this arrangement. Seal coating is a common preventative maintenance activity in Minnesota perforrned by most cities, counties arid rural MN/Dot districts. It involves spraying water-soluble ernulsions on the surface of an existing pavement fallowed by the application of a cover aggregate. The cover aggregate is norrnally either naturally occurring gravel or crushed aggregate such as granite, quartzite or trap rock. The prirnary reasan to seal coat asphalt pavement is to protect the street from the deteriorating effects of sun and maisture. The City of Fridley has a current pavement maintenance program including annual sealcoating application in one �f eight zones. This all�ws sealcoating of streets in ari eight-year cycle. This year's sealcoating is to be completed in Zone 1, which is in the northwest corner of the City (see attached map). Our budget for this year's sealcoating is $140,000.00. Bids received would require $165,751.80 to sealcoat Zone 1. Staff recommends approval of sealcoating for all af Zone 1, less streets irnpacted by near-term constructian. We anticipate the overage can be accommadated by a correspanding reduction in other maintenance budgets. Spring street sweeping is another companent that the City of Fridley participates in throuugh this cooperative coritract. We c�ntract sweepers specifically for intensifying spring cleanup of winter sand. This reduces sediment runoff to our storm sewers and water bodies, which in turn will reduce maintenance and provide better water quality. This item is within budget at $12,158.40 and is paid from a Street Division Operation allocation. The City of Fridley has also pr�vided for application of painted traffic markings annually through this contract. This is for repainting existing traffic markings throughout the City. The low bid was providec� in the cooperative contract at $6,592.00 for the City of Fridley's portion of work. Staff recommends award of the 2008 JPA Street Maintenance contract ta the respective 1�w bidders in the amounts indicated in the attached summary. JPK; jpk Attachrnents CITY OF FRIDLEY Bid Tabulation 2008 Cooperative Street Maintenance Project City of Fridley Project ST2008-10 2/4/08 Quantities, 2/29l08 Bid Prices 1. Sealcoatina LOW BIDDER: ALUED BLACKTOP CO. En9ineering � Sewer �Y Waluf Q Q O Pa�Fs O''+ Strc�ls VU Mainle�uncu W -� �� Oy � • - . - Aggregate for 169,567 s FA-2 $ 0.64 $108,522.92 (granite) Sealcoat - s FA-2 $ 0.73 $ - (trap rock) - s FA-3 $ - $ - Sealcoat Oil 45,783 al CRS-2 $ 1.25 $ 57,228.88 - al CRS-2 $ 1.55 $ - Marking Coverings - ea $ 120.00 $ - 2. Traffic Markinas LOW BIDDER: AAA STRIPING SERVICE Furnish/Install Street Markings Furnishllnstall Symbol Markings 400 allons $ 16.48 $ 6,592.00 (�) - allons $ 75.00 $ - 3. Street Swee�a LOW BIDDER: PEARSON BROS., INC. Spring Sweeping Fall Sweeping 160 hours $ 75.99 $ 12,158.40 - hours $ 73.00 $ - 4. Crack Sealina LOW BIDDER: FAHRNER ASPHALT SEALERS, LLC F&I Crack Sealing - If $ 0.62 $ - TOTAL AMOUNT BID SCHEDULES, CITY OF FRIDLEY: $184,502.20 (") AAA Striping Service was the overall low bidder on Sched�ale 2, although their unit price �n Furnish/Install Street Markings was not the lowest. March 4, 2008 , � A/I�ll�l�1ESC�'�'A <��.� � � Cify of Coon Rapids 11155 Robinson Drive Coon Rapids, MN 55433-3761 (763) 755-2860 ^ FAX (763) 767-6491 www. ci.coon-rapids.mn. us City of Fridley 6431 IJniversity Avenue NE Fridley, MN 5.5432 Attention: Layne Otteson Subject: R.egional Street Maintenance Consortium Concurrence in Award of Bids Dear Mr. Otteson: � � V ��� � � � ��4 '~ti.x �n �1�' ��;,h Q� �.R1t��E`l C'E ��N��cR1�C' As you are aware, we received bids for street maintenance rnaterials on Friday, February 29, 2Q08. A copy of the bid tabulation summarizing bid results is attached. Please recall the Joint Powers Agreement requires a letter of concurrence fr�m each of you by March 20, 20Q8. The letter should indicate whether or not you wish ta participate in the process and, if so, at what level. For example, if you would decide ta participate but wish to saale bacl< your program, I would need a statement from yau of revised quantities, If you wish to participate fully in the program as contained in the bid, that concurrence would als� be necessary. Concurrence in the award of bids from your Couneil is not necessary at this time unless you ch�ose to tal<a that route. Please respond in writing regarding your city's intentions no later than Thursday, March 20, 2008. We prop�se to award the contract an Tuesday, April 1, 2008. If you have questions ar wish ta discuss the matter further, �lease contact iT�e, Sincerely, ��v-�,/I � , `.�- e G���c_il.,��� Steven D. Gatlin Directar of Pu�lic Services SDG:car Enclosure � � �rr aF FRIDLEY Name AGENDA ITEM CITY COUNCIL MEETING OF MARCH 10, 2008 Appointment Starting Position Salary Brad Public Services Furlong Worker — Sewer Non-exempt $21.87 per hour Starting Date Mar. 11, 2008 Replaces Kenneth Small � AGENDA ITEM � COUNCIL MEETING OF MARCH 10, 2008 �ffY �F FRIDLEY C�AI MS 135773 -135968 � � �ffY �F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 10, 2008 LICENSES Type of License Applicant Approved By: LAWFUL GA.MBLING PERMIT WOODCREST ELEMENTARY POLICE DEPARTMENT SCHOOL � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 10, 2008 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Total Comfort Heatin Rand Jensen Ron Julkowski Rand Kirsch Construction Commercial/S ecialt Rand Kirsch Ron Julkowski Steven Hauck Gas Services Steve Hauch Ron Julkowski Cirks Construction Commercial/S ecialt Steve Cirks Ron Julkowski � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 10, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS