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CffY OF
FRIDLEY
FRIDLEY BOARD OF APPEAL 8� EQUALIZATION
FRIDLEY CITY COUNCIL MEETING
APRIL 14, 2008
7:00 p.m. - City Council Chambers
Attendance Sheet
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FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008
L
CffY 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. � L, �f
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
LOCAL BOARD OF APPEAL AND 4. Receive Bids and Award Contract for the
EQUALIZAT/ON— 7:00 P.M. _. 2008 Sanitary Sewer Lining Project No.
� , z � 376 ................................... 18 - 19
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CITY COUNC/L MEETING
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5. Approve 2008 Advocacy Agreement between
PRESENTATION: the City of Fridley and Alexandra
House ................................... 20 - 22
Summer ROCKS Program
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� = � i ✓ ��/� � � �-�F'�- �`�-6-� Approve 2008-2009 Liquor License
APPROVAL OF PROPOSED CONSENT AGENDA: Renewals .................................. 23 - 25
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APPROVAL OF MINUTES: � u � `'� � � � t c '�.` ���' ,n G'r='r2-'�'� � �`" i-� �/�� /� � �
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City Council Meeting of March 24, 2008
Special City Council Meeting of April 3, 2008
NEW BUSINESS:
Receive the Minutes of the Planning Commission
Meeting of March 19, 2008 ............. 1- 12
2. First Reading of an Ordinance Amending
the Fridley City Code, Chapters 11 and 102,
Allowing Storage Fees for Seized Motor
Vehicles ................................... 13 - 15
3. Receive Bids and Award Contract for the 2008
Miscellaneous Concrete Repair Project
No. 375 ................................... 16 - 17
7. Claims
.. 26
8. Licenses ................................... 27 - 36
ADOPTION OF AGENDA. � �<<�� �� 0/� ��� ���
�/R�rf� ';r,A .
OPEN FORUM (VISITORS): Consideration of Items not
on Agenda —15 Minutes
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PUBLIC HEARING:
9. Consideration of a Text Amendment, TA #08-01,
to Modify the R-1, R-2, R-3, and S-1, Residential
Zoning Districts, to Further Define the Level of
Housing Maintenance Required of all Residential
Property Owners in those Districts .... 37 - 44
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FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 2
NEW BUSINESS: ,•� °� � � ` �=� `�t � `� I
10. First Reading of an Ordinance Amending ��%� Ss/ ;15;�k �,,. V�` �� G,,�`,�
Chapters 205.07, 205.08, 205.09, and 205.23 �; ;.� ��� ����;��,�
of the Fridley City Code Pertaining to :, �'
Housing Maintenance (Text Amendment, '� �' �" c� S c'`�-� `' �"' "�'
TA #08-01) ................................... 45 - 51 «`=�
11. Approve Hotel/Motel License for LivINN
Suites .................................. 52 - 72
12. Informal Status Reports ..................... 73
ADJOURN. � � � `
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� CITY COUNCIL MEETING OF APRIL 14, 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.
LOCAL BOARD OF APPEAL AND EQUALIZATION — 7:00 P.M.
CITY COUNCIL MEETING
PRESENTATION:
Summer ROCKS Program
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 24, 2008
Special City Council Meeting of April 3, 2008
NEW BUSINESS:
1. Receive the Minutes of the Planning Commission
Meeting of March 19, 2008 ......................................................................... 1- 12
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
2. First Reading of an Ordinance Amending
the Fridley City Code, Chapters 11 and 102,
Allowing Storage Fees for Seized Motor
Vehicles................................................................................................... 13 - 15
3. Receive Bids and Award Contract for the 2008
Miscellaneous Concrete Repair Project
No. 375 ................................................................................................... 16 - 17
4. Receive Bids and Award Contract for the 2008
Sanitary Sewer Lining Project No. 376 ....................................................... 18 - 19
5. Approve 2008 Advocacy Agreement between the
City of Fridley and Alexandra House .......................................................... 20 - 22
6. Approve 2008-2009 Liquor License Renewals ........................................... 23 - 25
7. Claims ................................................................................................... 26
8. Licenses ................................................................................................... 27 - 36
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2008 PAGE 3
PUBLIC HEARING:
9. Consideration of a Text Amendment, TA #08-01,
to Modify the R-1, R-2, R-3, and S-1, Residential
Zoning Districts, to Further Define the Level of
Housing Maintenance Required of all Residential
Property Owners in those Districts ................................................................ 37 - 44
NEW BUSINESS:
10. First Reading of an Ordinance Amending
Chapters 205.07, 205.08, 205.09, and 205.23
of the Fridley City Code Pertaining to
Housing Maintenance (Text Amendment,
TA#08-01) ......................... .......................................................................... 45 - 51
11. Approve Hotel/Motel License for LivINN
Suites................................................................................................... 52 - 72
12. Informal Status Reports ................................................................................ 73
ADJOURN.
City of Fridley
Notice of Board of Review
Notice is hereby given, that the Board of Review of the City of Fridley, County of
Anoka, Minnesota, will meet the City Hall Council Chambers in said City at 7:00 p.m., on
Monday, April 14, 2008, for the purpose of reviewing and correcting the assessment of said city
for the year 2008. All persons considering themselves aggrieved by said assessment, or who
wish to complain that the property of another is assessed to low, are hereby notified to appear at
said meeting, and show cause of having such assessment corrected.
No complaint that another person is assessed to low will be acted upon until the person so
assessed, or his agent, shall have been notified of such complaint.
Given under by hand this 21St day of March, 2008.
Debra A. Skogen, City Clerk
(Published in the Fridley SunFocus April3ra and l Oth, 2008)
CITY COUNCIL MEETING
CITY OF FRIDLEY
MARCH 24, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 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 Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Community Development Director
Jim Kosluchar, Public Works Director
Fritz Knaak, City Attorney
PRESENTATION:
Recreation Sports and Fitness Program.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting Minutes of March 10, 2008
Planning Commission Minutes of February 20, 2008
Planning Commission Minutes of March 5, 2008
APPROVED.
NEW BUSINESS:
1. Special Use Permit Request, SP #08-04, by Amtech Lighting Services for Holiday Gas
Station, to Allow an Electronic Message Sign to be Incorporated into the Existing Free-
Standing Sign, Generally Located at 5695 Hackmann Avenue N.E. (Ward 2)
Scott Hickok, Community Development Director, said the property received a special use
permit in 2006 to allow an electronic component on their free-standing sign for gas pricing.
With the added electronic message area, the combined total sign area will not exceed the Code-
allowed 80 square feet. The electronic reader board portion will replace the existing manual
reader board.
Mr. Hickok said the Planning Commission held a hearing on this item on March 5, 2008. No
members of the public or business community made comments regarding the request. The
Commission unanimously recommended approval of Special Use Permit Request, SP #08-04.
Staff recommends Council's approval with the following five stipulations:
1. The petitioner shall obtain sign permit and current sign erector license prior to
installing any signage on site.
2. The petitioner shall submit plans to City staff showing how the 10-foot
requirement from the ground to the bottom of the sign is being met prior to
issuance of a sign permit.
3. The petitioner shall move the existing free-standing sign to be 10 feet from the
property line and driveway or a variance shall be obtained to recognize the
existing setback prior to installation of the proposed electronic sign.
4. Message on L.E.D. sign shall not change more often than authorized under
Section 214.07 of the Fridley City Code.
5. Message on L.E.D. sign shall never flash or have motion that may distract
vehicular traffic in the area.
APPROVED.
2. Resolution for a Special Use Permit for Limited Outdoor Storage at 7765 and 7775
Main Street (Special Use Permit Request, SP #08-05, by Michael and Patrick
Lawrance).
Scott Hickok, Community Development Director, said earlier this year Council approved a
settlement agreement regarding this special use permit. Since October of 2005, staff has sought
compliance by these property owners. Citations were eventually issued for non-compliance. A
counter suit was filed by property owners claiming status that would not require a special use
permit for their outdoor storage. After much discussion between City, property owners, and
legal counsel, the property owners agreed to apply.
Mr. Hickok said unlike other special use permits, the terms of this special use permit were
negotiated and embedded in the settlement agreement approved by Council previously. The
application and plans were submitted by petitioners in accordance with settlement agreement
requirements. Specific details of the special use permit can be found in staff's report. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-17.
3. Approve 2008 Reappointments to City Commissions.
Scott Hickok, Community Development Director, said with the exception of the Housing and
Redevelopment Authority, all other Commissions have 3-year terms for their members. HRA
members serve 5-year terms. Commissioner Pat Gabel's HRA term Expires June 9, 2008, and
she would like to be reappointed. Parks and Recreation Commissioner Michele Barrett's term
expires April 1, 2008 and she would like to be reappointed. The Environmental Quality and
Energy Commission's Chair Jack Velin and Commissioner Anne Andrews terms expire on April
1, 2008. Both members would like to be reappointed.
Mr. Hickok said the Appeal's Commission's Dr. Kenneth Vos has submitted a letter indicating
that his schedule will make it difficult to attend between the months of November and April. Dr.
Vos recognizes that this may present issues with a quorum and agrees to step down. Refilling a
current Appeal's Vacancy has been difficult, as an alternative to his departure now, Dr. Vos has
agreed to seek reappointment, until the City can find a replacement. Commissioner Vos has
been an excellent, very dedicated commission member. Staff recommends his reappointment
pending a replacement. The Planning Commission's Brad Dunham has indicated he would like
to be reappointed. Commissioner Velin would remain on the Planning Commission, if
reappointed to the EQEC. Staff recommends the reappointment of all commissioners and thanks
them for their interest and dedication.
APPROVED.
4. Appointment — City Employee.
Scott Hickok, Community Development Director, said staff is recommending the appointment
of Maria "Mary" Fitz to the position of Permit Technician, effective March 31, 2008. One of
the many skills that Ms. Fitz will bring to this position is the ability to speak and translate
Spanish. Staff recommends Council's approval.
APPROVED.
5. Claims (135971-136135).
APPROVED.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
7. Estimates.
APPROVED THE FOLLOWING ESTIMATE:
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
2007-1 Street Improvement Project
Estimate No. 10 ......................................................... $228,228.42
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 Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Councilmember Bolkcom asked what to do with the Appeals Commission vacancy.
William Burns, City Manager, said that if there are candidates they would be interviewed by the
Council as soon as possible.
NEW BUSINESS:
8. Receive Bids and Award Contract for the 2008 Street Improvement Project No. ST
2008-1.
Jim Kosluchar, Public Works Director, said on Thursday, March 11, 2008, at 2:00 p.m., bids
were opened for the 2008 Street Improvement Proj ect. Twenty-five sets of plans and
specifications were sent out and nine bids were received.
Mr. Kosluchar said a slow down in the construction industry has led to a very competitive
bidding climate for this season. In addition, during design, Engineering staff recognized
opportunities for cost savings. Design adjustments were made to reduce costs such as reducing
street excavation quantities and minimizing storm sewer requirements. The low bid was
received from Midwest Asphalt Corporation, Inc., of Minnetonka, Minnesota, in the amount of
$2,359,572.21. The high bid was $3,139,761.36. The most recent cost estimate preformed by
Engineering was $2.9 million.
Mr. Kosluchar said approximately $325,000 would be available from the City's annual State
Aid population allocation for off-system use to offset the street improvement costs. An increase
in assessment revenue of approximately $150,000 is projected due to the amount of commercial
property on the proj ect. Proj ect costs such as surveying, design assistance, and material testing
will increase the total proj ect cost an estimated $103,000. At the conclusion of the proj ect, it is
anticipated that the project will require approximately $1,250,000 to be paid through 2008 Street
Reconstruction General Obligation bonds. This includes a contingency for budget changes such
as assessment adjustments and change orders.
Mr. Kosluchar said staff recommends Council receive the bids and award the 2008 Street
Improvement Project No. ST. 2008-1, to Midwest Asphalt Corporation, Inc., of Minnetonka,
Minnesota, in the amount of $2,359,572.21.
Councilmember Saefke noted the difference between the two lowest bids was about $200,000
and asked if any specific item was accounting for the difference.
Mr. Kosluchar said the difference was in earthwork Midwest Asphalt can do that work locally.
Councilmember Bolkcom asked if the City has worked with Midwest Asphalt before and if
staff was comfortable with the bid and working relationship.
Mr. Kosluchar said in 2005 the City did have a good working relationship with this company.
There was a small claim against the company at the end of the proj ect and that was settled.
Councilmember Varichak asked if references were asked for when staff gets a bid and if staff
checked the work the contractor did for other cities.
Mr. Kosluchar said there is not a formal process to check references. The contractor does need
to meet certain qualifications to be able to bid on the project. Staff can check references and a
contractor's history before hiring them for the project.
Councilmember Varichak asked what the addendum column was for and why some had
different numbers.
Mr. Kosluchar said that was a typo and all bids should have addendum 1 and 2. The
addendums were for some minor changes and clarifications that were issued prior to the bid.
MOTION by Councilmember Bolkcom to receive the bids and award the contract for Street
Improvement Project No. ST. 2008-1 to Midwest Asphalt Corporation, Inc., in the amount of
$2,359,572.21. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
9. Informal Status Reports.
William Burns, City Manager, said that the newsletter will be out the first week in April. There
is some great information in the newsletter including an article about the street improvement
proj ect.
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 7:59
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
SPECIAL CITY COUNCIL MEETING
CITY OF FRIDLEY
APRIL 3, 2008
The Special City Council meeting for the City of Fridley was called to order by Mayor Lund at
5:03 p.m.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
ADOPTION OF AGENDA
Mayor Lund
Councilmember Barnette
Councilmember Bolkcom
Councilmember Varichak
Councilmember Saefke
William Burns, City Manager
Richard Pribyl, Finance Director
Debra Skogen, City Clerk
Councilmember Barnette MOVED and Councilmember Bolkcom seconded a motion approving
the agenda.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION UNANIMOUS AND THE MEETING AGENDA WAS APPROVED.
NEW BUSINESS:
1. Resolution in Support of a Renewal Application for a Minnesota Lawful Gambling
Premise Permit for St. Paul Fire Fighters Local 21 Benefit Association at Fridley
Grille, LLC, d/b/a Pickle Park, located at 7820 University Avenue N.E. (Ward 3)
Councilmember Bolkcom MOVED and Councilmember Varichak seconded a motion adopting
Resolution No. 2008-18 in Support of a Renewal Application for a Minnesota Lawful Gambling
Premise Permit for St. Paul Fire Fighters Local 21 Benefit Association at Fridley Grill, LLC dba
Pickle Park, Located at 7820 University Avenue.
Deb Skogen stated she received a telephone call a week ago asking for the City to adopt a
resolution supporting the Fridley premise as their current license expired on March 31, 2008.
There appeared to be a question as to whether or not their request had been sent in or was lost as
staff had not received the request. She prepared a letter to the Minnesota Gambling Control
Board (MGCB) requesting an extension of their current license for two weeks until a resolution
could be adopted by the City Council at their next meeting on April 14. The MGCB wanted a
FRIDLEY SPECIAL CITY COUNCIL MEETING OF APRIL 3, 2008 PAGE 2
letter from the Mayor and other councilmembers stating a resolution would be adopted, which
could be viewed as a violation of the open meeting law. The matter was then referred to the
Mayor.
Mayor Lund said he prepared a similar letter, signed it and faxed it to the MGCB, but they would
not accept the letter as they wanted more proof that a resolution would be adopted. Another
letter was sent stating "a resolution shall be adopted" but they would still not agree to that letter
as it used the word "shall" rather than "will." To help the Fire Fighters Local 21 out this time,
Mayor Lund decided to call the special meeting.
Councilmember Bolkcom was surprised the applicant was not at the meeting and asked if they
were told about the meeting. Ms. Skogen said they had been told about the special meeting and
expected they would be here. Councilmember Bolkcom suggested a letter be sent notifying them
whose responsibility it was to send the information and letting them know there would be no
additional meetings in the future.
Councilmember Bolkcom wondered if the Police Department had done an investigation. Rick
Pribyl said Don Abbott had talked to him about this issue and the Police did not have any issues
with the organization at this time. Deb Skogen had also contacted the Alcohol and Gambling
Enforcement Division of the Minnesota Department of Public Safety and there were no open
investigations at this time. Councilmember Bolkcom said going forward the Police Department
should be given the courtesy of providing information.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADJOURN.
Councilmember Barnette MOVED and Councilmember Varichak seconded a motion to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION UNANIMOUS AND THE MEETING ADJOURNED AT 5:13 P.M.
Respectfully submitted,
Debra A. Skogen Scott J. Lund
City Clerk Mayor
PLANNING COMMISSION MEETING
March 19, 2008
Chairperson Savage called the Planning Commission Meeting to order at 7:30 p.m.
MEMBERS PRESENT
MEMBERS ABSENT:
OTHERS PRESENT:
Dean Saba, Diane Savage, Brad Sielaff, Jack Velin, Brad
Dunham, and Leroy Oquist
David Kondrick
Julie Jones, Planning Manager
APPROVAL OF PLANNING COMMISSION MEETING MINUTES:
March 5, 2008
MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by
Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideration of a Text Amendment, TA #08-01, to modify the R-1, R-2, R-3,
and S-1, Residential Zoning Districts to further define the level of housing
maintenance required of all residential property owners in those districts.
MOTION by Commissioner Dunham to open the public hearing. Seconded by
Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT
7:32 P.M.
Julie Jones, Planning Manager, stated the housing maintenance code has come up for
discussion many times with our City CounciL Most recently the discussion was spurred
by public comment that was received by folks during the running for City Council in
2006. It also came up as an item of concern when staff conducted the housing forums in
2005. Looking at the demographic study in preparation for updating our Comprehensive
Plan in 2006, staff learned that 95 percent of our housing stock was going to be 30 years
old or older by 2009. That was a concern to staff. Housing maintenance was also raised
as a concern in our neighborhood planning meetings last spring. Also, there were some
questions asked in our 2007 citizens survey that addressed the issue, showing there was
1
quite an interest among the public to do more as far as housing maintenance even if the
City needed to spend more money on staff to conduct housing maintenance.
Ms. Jones clarified that staff realized that the age of our housing stock did not
necessarily mean the condition of our housing stock was poor. We have had many
storms in Fridley, which have resulted in significant improvements to homes. So staff
recommended that a housing condition study be done before jumping to any conclusions
that we had serious housing condition problems in the community. They went ahead and
had that study done last summer, and the study showed that housing conditions overall
were very good; 85 percent of the homes were showing to be in good or excellent
condition. Staff recommended to still pursue looking at a housing maintenance code
amendment because they thought the time to implement a program is when housing
conditions are good.
Ms. Jones stated staff is recommending modification to the existing code language that
currently only addresses severe housing maintenance. The City Council has indicated an
interest in going with this sort of option. Several times in the past they had talked about
adopting, for instance, the International Housing Maintenance Code, a very extensive
code, as some of our neighboring cities have adopted it. They discussed this formerly
with Council at a work session, and they agreed the Council indicated that they did not
want to go that route. The International Housing Maintenance Code addresses even
interior housing maintenance. Council made it very clear in the past, when talking about
the housing maintenance code amendments, that they never want staff to get in that
situation of going inside and inspecting the interior of a home.
Ms. Jones stated they looked at existing language in the code and felt they could modify
it and make it work for us. The existing language staff has a problem with is that it only
refers to roofs and exterior surfaces in regards to the entire plane or the entire wall. For
example, if a house has peeling paint, the code says the paint needs to be more than 25
percent damaged on an entire plane of the home before it is a housing maintenance
violation. When our intern did the housing conditions study last summer, she found that
while overall conditions were good, you might have a home that has one door that has
peeling paint or the window trim on the house has peeling paint; but the rest of the house
is in great condition. Staff has long struggled with these situations where a home had
minor housing maintenance issues that should be addressed, but the problem was not
extensive enough to trigger a code violation. Staff wants to address some of those minor
issues and develop some more specific language, allowing them to address the peeling
paint on just the window trim of a house or maybe just a garage door instead of the
damage needing to be so extensive that it affects the entire house or entire side of the
house.
Ms. Jones stated they feel that this text amendment will provide staff greater ability to
address some basic needs in regards to exterior home maintenance before the structure
gets to be severely dilapidated. They would make things like missing windows or
damaged doors, garage doors that do not shut all the way, peeling paint on house trim,
2
and damaged gutters items that can be addressed without the entire structure being in
poor condition. Ms. Jones presented some examples of what she is talking about.
Ms. Jones stated the next step for this text amendment would be for an additional public
hearing to be held before the City Council, which is scheduled for April 14. Staff is
planning to ask Council to also conduct a first reading of the ordinance on April 14,
approving the language of the text amendment. Staff is recommending that the Council
move ahead with this item more quickly than usual, because they would like to have the
text language in effect when the summer code enforcement intern starts in May. They
want to take advantage of having extra staff on hand this summer and are hoping to
address these issues at the same time they are doing systematic code enforcement
inspections over the summer months.
Chairperson Savage asked whether staff was asking for approval of the text amendment
language even though it will be going through the process to the Council?
Ms. Jones replied, yes.
Commissioner Saba stated regarding the 25 percent overall of the painted surface which
is cracked, flaked, or chopped away, and looking at the garage door shown, there seems
to be a gray area in this maintenance code, whether it is 25 percent, 10 percent, or 15
percent. What really constitutes a violation where you can cite a homeowner? Do they
go out and measure the door as to what amount of paint is peeling? How are they going
to enforce this?
Ms. Jones replied this language is in our existing code now. It is actually quite common
language in other cities as far as housing maintenance requirements. She said she was
initially concerned about this herself before looking at some of the examples in the field,
however, the 25 percent is quite easy to calculate. She pointed out that staff has been
using the 25 percent for a number of years. The problem has been is they are looking at
the entire house or the entire side of a house. Oftentimes it is just a portion of the house
or just the trim or a door that is peeling and that does not calculate out as 25 percent of
that entire side of the house so it is not a violation, but it looks bad.
Commissioner Saba asked whether enforcement has been an issue?
Ms. Jones replied, no, not really. What has been the issue is that they do not have
enough strength in the language that they can do anything on a lot of the properties they
get complaints on.
Commissioner Sielaff asked if there have been violations?
Ms. Jones replied, very few. It is not something they have been actively going out and
enforcing. They have only responded to complaints on this.
3
Commissioner Dunham stated but now they will have the ability to enforcement the
issue greater because they are minimizing the areas and allowing more enforcement
opportunities. He thinks they are going to have a hard time.
Chairperson Savage asked, just to clarify the new portions of the proposed code are the
portions that are underlined, correct?
Ms. Jones replied, correct.
Chairperson Savage stated the rest of it is the current code. So that is not an issue here.
The only issue would be the portions that are underlined.
Ms. Jones replied, yes.
Commissioner Sielaff stated he is kind of scratching his head on this. It makes sense to
him about the 25 percent and being able to establish that.
Chairperson Savage stated she does not see why they are discussing this because this is
not before them at all, this section about the 25 percent. They are only concerned with
the underlined portions.
Commissioner Sielaff replied, right, that is what he is getting to. Because the 10 percent
is going to be a lot more difficult to enforce he would think vs. the 25 percent. He really
does not know how you would be able to tell that. First of all it is a lot smaller
proportion. That is why he was asking about whether they have had violators and have
we been successful enforcing the violations at the 25 percent. Because it is going to get
more difficult with the 10 percent.
Ms. Jones stated she thinks staff had maybe 14 property maintenance violations last year.
With our CTS tracking system staff can pull up certain violations. So they do not do
many of these cases compared to hundreds we had, for example, on outdoor storage. It is
not something they have been aggressively going out or looking for, but when they get a
complaint about it, then they have to respond. However, she would argue the 10 percent
is pretty easy just like the 25 percent because it is a pretty minimal amount on a door or
window, to say that is 10 percent peeled and needs to be painted.
Commissioner Saba asked what kind of time do they give a person to remedy for
whatever the citation is. For example, a damaged door panel. Is there a difference in
time then say for a big storm?
Ms. Jones replied that the current time given on code enforcement violations is 15 days
to correct the violation. This applies for something like a car parked on the grass or
outdoor storage. With housing maintenance, staff realizes that many issues are going to
require getting bids, finding a contractor, and it is going to take time to get the work done
itself. Staff is proposing a 30 day deadline for compliance. Staff will be willing to work
with people who need more time, as with all our code enforcement situations, where
�
extensions are often granted if property owners communicate reasonable reasons why it is
might take them some more time to staff. As far as the storm damage, the code already
has language addressing this and allows folks one year to correct problems resulting from
storm damage.
Commissioner Dunham stated so the 10 percent is the direction of Council that they
want to have more ability to enforce smaller issues and then somehow somebody picked
10 percent vs. 25 percent? Where did that come from?
Ms. Jones replied staff felt 25 percent is pretty extreme. When they are talking about 25
percent they are talking about the entire side of the home or a bigger section of the home.
Commissioner Dunham stated he just thinks they are going to have more issues as you
have many more properties where there are 10 percent on some issues and their ability to
get them to correct those he does not think it is going to be easy.
Ms. Jones stated she drove around for about two hours and could not find an example of
a door that she felt needed to be painted.
Commissioner Velin stated what if there is an elderly woman living by herself, who is
going to have to paint that door? Is the City going to paint it? If the woman is on a fixed
income and she just cannot make that loan payment? What do they do? Does the City
put it on her taxes?
Ms. Jones replied staff talked about this quite a bit. They are currently concerned about
extensive improvements. It is one thing to paint a door but to replace a roof on a fixed
income was a concern and that is why staff provided the information in the packet about
the programs the Housing and Redevelopment Authority has available to folks. We have
a home improvement loan program that is designed to help those on a fixed income or of
a low-moderate income to have a long-term home improvement loan. All the things they
are talking about in this code would qualify for a loan; however, there is a minimum $500
loan amount to justify the paperwork Also, there are other loan programs that are not
income-qualified as well. Staff considered abatements, where the City goes in and does
the work, but it is staff's recommendation that they do not follow the abatement
proceedings when it comes to exterior building improvements, because it really puts the
City in a lot of liability. Painting is one thing but when you are talking about maybe
fixing a garage door or something that is structurally part of a building, they do not want
to get into a situation where a homeowner can come back and sue the City ten years later
and say you did not fix that right and somebody got hurt on my property, etc. They
talked to the City Attorney about this, and he agreed that the City should avoid doing an
abatement process. If there is a situation staff just cannot resolve they would issue
citations rather than doing abatements because of liability issues.
Pam Reynolds, 1241 Norton, asked the Commission if the document they were
reviewing is on the City website?
E
Ms. Jones replied, no, it is not.
Ms. Reynolds asked if manufactured homes fall under this as well?
Ms. Jones replied, no.
Ms. Reynolds asked if also the S-2 and also the O-6 or O-S, something to do with the
smaller properties zoned prior 1959, were those included in this as well?
Ms. Jones replied, it is strictly for the sections listed here. It does not include S-2 and the
other overlay district that she is referring to. That is an overlay district which would be
still included in the R-1 or R-2, whatever they were zoned.
Peter Eisenzimmer, 6535 Oakley Drive NE, stated he is concerned about the ordinance.
Regarding the people who live in these little homes, some of these people only have an
income of about $700 a month social security. They cannot really operate or repair their
homes. They can hardly afford to pay their taxes now or keep their homes up. They are
forcing them to do something they cannot afford. What percentage are the loans going to
be at?
Ms. Jones replied, it adjusts according to the going rate. She knows right now it is
around 5 percent.
Mr. Eisenzimmer stated that is still pretty high when they cannot pay for their gas, the
heating of their homes or electricity. Everything is getting so high and the gas, etc. keeps
going up. They still have a problem. How are they going to make a loan payment when
they have no income? He is having the same problem. Every time he turns around they
are raising his taxes, and saying he has to do this and that. Are they going to hire extra
staff to manage this? Or are we going to use the City staff we have? He would like
answers tonight. Why should we put an ordinance in that we do not know what it is all
about? It is not on the website. He stated it should be no different for apartment
buildings? Are the owners of the apartment buildings going to have to bring it up to
code?
Ms. Jones stated it is really no different from what they are already required to do as far
as the rental requirements now.
Mr. Eisenzimmer stated he would like to know if there is going to be extra staff added to
do this.
Ms. Jones replied, she wished there were but, unfortunately, she has to do it with her
existing staff.
Chairperson Savage encouraged Mr. Eisenzimmer to attend the April 14, City Council
meeting and he can again make his views known to them.
0
Ms. Jones stated when items get to the City Council level, that information does go on-
line on the City website, so it will be available the Friday night before the April 14
meeting.
Joanne Zmudu, 6051 Fourth Street NE, she asked why are manufactured homes in
trailer parks not included in this because they can get just as trashy as some residential
properties also?
Ms. Jones stated that is a good question and they pondered the same thing last summer
when they did the housing conditions survey. They did not include the manufactured
home parks in it for the same reason. Because they were ranking foundations and parts
of the home that are different for manufactured homes than single-family homes. They
have found that the manufactured home parks very good at self-policing themselves.
They have found management does not put up with deteriorating structures. So they
decided for a couple of reasons, (1) they are doing a good job of handling it internally of
managing maintenance issues and (2) they cannot really treat them by the same criteria
that they could other structures.
Ms. Zmudu stated she did not think they should be exempt anymore than a homeowner.
MOTION by Commissioner Oquist to close the public hearing. Seconded by
Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:13
P.M.
Commissioner Velin stated because of the liability the City would not be going over to
paint that garage door for the elderly person. What if she says I'm not going to paint the
garage door? Do we take her to court? Do we sue her?
Commissioner Saba replied, they would issue a citation.
Commissioner Velin stated he thinks that any responsible homeowner would want to
take care of his property unless a guy has lost his job and living on workers'
compensation or something.
Commissioner Oquist commented but there are some people who do that. They have a
house in their neighborhood where finally someone has bought it and he thinks they are
flipping it but they should have seen what it looked like before.
Commissioner Saba commented that would have fallen under the 25 percent rule.
Commissioner Oquist stated regarding ordinances like this, sometimes they do not have
the staff to go around and write up citations as they are going down the street but, what
this ordinance does is give the people in the neighborhood and neighbors an opportunity
7
where if they do make a complaint, then the City has something to fall back on. Unless
you have something like this, there is not much the City can do about it. He thinks what
the City is trying to do is maintain our housing stock in Fridley so it does look reasonable
and respectable. He thinks the City may not have a code enforcer go out all the time but
it at least gives the City a fallback. He somewhat agrees with Ms. Zmuda about the
manufactured homes. He does Meals on Wheels and has had an opportunity to be in
those parks and there are some pretty bad looking facilities in the parks. If the parks are
policing themselves, they should probably do a little better job.
Chairperson Savage stated but overall as was indicated by staff, 85 percent of the
properties are in good condition.
Commissioner Saba stated he thinks there are parts of this that maybe need a little bit
more work but there are some good parts of it. He likes the overall text and the way it is
planned; however, he is concerned about the person who cannot afford to replace a door.
That could be up to $500 to replace a door or a garage door could be much more.
Commissioner Oquist stated but then again what do we do about that? We cannot just
have somebody with a garage door that is falling over, three or four of the sections are
gone or fallen in. There has to be something to try and maintain those.
Commissioner Saba stated assume you have a 70 or 80-year old person that has heart
problems or cancer, etc.; and now the City says they have 30 days to replace a door and
they can barely make medical payments the way it is. There has to be a section in here
that addresses hardship.
Commissioner Velin asked Ms. Jones regarding the photo shown with the garage not
closed all the way, did they ever find out what was the problem with the door?
Ms. Jones stated eventually they got the door closed. The City has had problems where
there were no garage door at all, and there was nothing the City could do about it.
Commissioner Dunham stated this needs to be done to improve the properties, and we
want to help keep your investment in the property. We cannot have a number of bad
apples on the street that affect them negatively. However, he does not know if he likes
the 10 percent rule. He thinks that is where he has a little bit of an issue. Maybe 10
percent of a roof might need a repair, but if it needs replacement, that can be rather
costly. He thinks they are going to get into having a hardship on a lot of people at 10
percent. That is the language he struggles with. He knows they wanted to have more of a
piece of it than the 25 did, but he thinks 10 is overkill. Some of the garage doors he
looked at in the pictures, he did not necessarily agree with the characterization where
they would make somebody put a$1,000 garage door on now based on what the door
looked like.
Chairperson Savage suggested if they so decided to, can they make a recommendation
to approve the text language with some of the commissioners having an opportunity to
:
point out the sections they had a concern about but City Council should take a look at.
Can they do that?
Ms. Jones stated she would highly recommend that this is the type of discussion they
want to have because internally among staff they have gone back and forth as to what is a
reasonable amount. They have to look at what they can enforce with the staff we have,
too. They have to come up with code language they are comfortable with that they can
enforce with the staff they have.
Chairperson Savage asked, regarding the 10 percent, have they looked at other cities?
Ms. Jones replied it kind of goes back and forth between the 10 and 25 percent.
Commissioner Sielaff stated he thinks 10 percent would be really difficult to enforce; he
can visualize 25 percent to be a lot easier. He thinks there will be issues.
Commissioner Dunham stated he can see the real neat guy on one street and then all of
a sudden he is mad at his neighbor, and the 10 percent he can use to focus on, and then all
of a sudden there are more issues.
Commissioner Velin asked whether a motion would be in order to remove the 10 percent
requirement and words to that effect?
Chairperson Savage asked, what are you going to change it to? To 25?
Commissioner Oquist replied, then you change the whole thing. Because you would not
have anything on there. You have to have some kind of figure.
Commissioner Saba stated he does not mind the 25 percent, but he would like
something in there about hardships.
Commissioner Oquist stated then could we just remove the whole thing?
Chairperson Savage stated, no, you cannot do that. You have to have a percentage.
Chairperson Saba asked if it was amendable? There are a lot of 10 percents. If they are
trying to protect housing, just because they have crossed out 10 percent in some of these
areas, they are going to be doing some of things they did not want to do than just
correcting it back to 25 percent, he is not sure there is not a way to define this. He does
not know whether that has been explored. He does not like it that much.
Chairperson Savage asked, does he mean he does not like the percentage?
Chairperson Saba replied, no, he does not like the percentage and he really likes the
idea of something about hardship because if we are at 10 percent on this issue and
everybody has to enforce those, then there are going to be some issues then. As much as
0
it is for enforcement as the ability to pay it. A couple of garage doors does not bother
him that much in this economy.
Commissioner Sielaff asked whether the 85 percent that was determined, was that based
on the 25 percent.
Ms. Jones replied, no, they did not get that detailed. From what she has seen and from
just kind of crosschecking how the intern ranked things, if anything needed the slightest
repair she would make note of that and so she was very detailed in her work That 15
percent might just have one very minor issue that needs to be addressed. Most cases,
from what she has seen, would not trigger any action based on the language they have
proposed here.
Commissioner Saba asked whether the intern picked a cross-section of the City in the
survey?
Ms. Jones replied, she covered the entire City. Every single residence or residential
property, including apartments.
Chairperson Savage stated as far as the hardship, she thought that could be added on
and be something to the effect of where there is extreme hardship that can be shown, then
staff would work with the owner to resolve the issues or something to that effect.
Ms. Jones replied she did not think that necessarily needs to be in the Code now because
they do that now. They offer folks extensions and work with people and that is an
internal policy. They do not have it written in the Code but have been doing it all along
for years.
Commissioner Dunham asked does it not say that there are approximately 2,000
properties that could need a maintenance item addressed and enforced?
Ms. Jones stated she would say that number is overestimated from what she has seen.
Commissioner Dunham replied one-half is still 1,000.
Ms. Jones replied, again, that is one minor thing that maybe was noted on that property.
From what she has seen most of those may not qualify as a violation that would get a
letter. Those that do would need paint trim on a window or maybe replace a bottom
panel on a garage door, etc.
Commissioner Saba stated he is concerned today with the amount of default mortgages
and housing situations this might just be adding the straw that broke the camel's back as
far as somebody being able to continue making their mortgage payments and continue to
live financially the way they would like to. There are a lot of burdens financially on
people. Maybe the time is not right for this.
10
Chairperson Savage stated she thinks staff has indicated these violations they consider
to be minor. She understands the reason this all came up was a request from City
Council? Is that correct?
Ms. Jones replied, yes.
Chairperson Savage stated she thinks they need to address it although she thinks it is
irrelevant; frankly, the issue of the foreclosures.
MOTION by Chairperson Saba to send item back to staff to consider the issues of (1)
hardship and (2) 10 percent vs. 25 percent. Seconded by Commissioner Dunham.
Chairperson Savage stated she thinks it should move forward.
Chairperson Saba stated he would like staff to take the comments made tonight and
come up with some further amendments. He likes the idea of a housing maintenance
code but has a lot to think about on this one.
UPON A VOICE VOTE, 5 VOTING AYE AND 1 VOTED NAY, WHICH WAS
CHAIRPERSON SAVAGE. CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED ON A 5-1 VOTE.
2. Receive the Minutes of the February 4, 2008, Parks & Recreation
Commission Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner
Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
3. Receive the Minutes of the December 11, 2007, Environmental Quality and
Energy Commission Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner
Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS
None
ADJOURN
11
MOTION by Commissioner Oquist adjourning the meeting. Seconded by
Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING
ADJOURNED AT 8:25 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
12
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FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 14, 2008
William W. Burns, City Manager
Public Safety Director pon Abbott
April 10, 2008
First Reading of An Ordinance Amending Fridley City Code Chapters 11 and 102
Allowing Storage Fees for Seized Motor Vehicles
In August of 1988, Minnesota State Statutes (609.531, 169.041) allowed cities to forfeit property
including vehicles. The purpose of forfeiture is to enforce the law, reduce recidivism, deter crime
and to reduce the economic incentive to engage in criminal activity.
In the late 1990's the Fridley Police Department began forfeiting vehicles for driving while
intoxicated, fleeing police in a motor vehicle and controlled substance (drugs) crimes. When a
police officer can legally seize a person's vehicle the vehicle is towed to the City garage to be
stored. The vehicle is held until the civil court case has been resolved or an agreement is made with
an uninvolved owner*. Typically, a vehicle will be stored at the City garage impound lot for an
average of six months before the case is settled. During the storage period, City staff will remove
personal items out of the vehicle, plow the lot, and keep up the vehicles. When the civil case is
resolved and the City of Fridley is awarded the certificate of forfeiture, our staff will collect the
legal documentation to file for title. Once we receive title, our Public Works staff will prepare the
vehicle for sale and a sealed bid auction will be held. The original owner of the vehicle is excluded
from purchasing the vehicle.
The funds from the sealed bid sales are deposited into one of the Police Department's forfeiture
funds: DUI Forfeiture or State (Drug) Forfeiture Fund. Forfeiture funds are used for D.A.R.E.,
purchasing equipment and training.
In the last few years, the Police Department has used a portion of the forfeiture funds to upgrade the
impound lot facility. We have paved a portion of the surface, upgraded the building and installed
fencing to improve the security of the lot. Due to the increase in the number of vehicles being
seized, staff time and the costs associated with the forfeiture process, the Police Department has
incurred increasing costs each year. Minnesota Case Law allows cities to charge uninvolved
owners a reasonable storage fee. We currently have fifty vehicles in our impound lot and will
usually process 50-75 seized vehicles per year.
*Uninvolved owners — An owner of a vehicle, who was not the driver, did not have knowledge
that the vehicle would be operated in a manner contrary to law or who took reasonable steps to
prevent the use of the vehicle. Prior to a release of the vehicle an uninvolved owner must sign a
contract that they will not allow the offender to drive the vehicle.
Storage Fees for Seized Motor Vehicles
Page 2
We are proposing a storage fee to be passed on to the uninvolved owners and/or lien holders to help
defer the costs associated with the seizure process. Other metro area agencies (State Patrol and
Coon Rapids) are currently charging storage fees as part of their seizure process. We are proposing
a$10 per day fee, not to exceed $500 or 50% of the vehicle's value.
Staff recommends the first reading of this ordinance allowing storage fees for seized vehicles.
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTERS 11 AND 102
ALLOWING STORAGE FEES FOR SEIZED MOTOR VEHICLES
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Fridley City Code Chapter 11 related to Fees and Chapter 102 relating to Police be hereby
amended and ordains as follows:
SECTION 1: That Chapter 102 be hereby amended as follows:
102. POLICE
102.02. Stora�e Fees for Seized Motor Vehicles
Whenever a motor vehicle is seized bv the police department and held at a stora�e facilitv or
impound lot pendin� a forfeiture action commenced under statutorv authoritv, the Citv may
assess fees to the owner or lien-holder of the motor vehicle for stora�e as specified in Chapter
11. In addition, the owner or lien-holder of anv such seized motor vehicle shall be responsible for
pavment of anv towin� charges.
SECTION 2: That Chapter 102 be renumbered after Section 102.01 by adding the above
section as 102.02 and renumbering each section thereafter.
SECTION 3: That Chapter 11 be hereby amended as follows:
11.10 Fees
CODE SVB7ECT 'FEE '
102.02 Stora�e fee for seized motor vehicles $10 per dav for each dav or part of a day
the seized motor vehicle is held at a
stora�e facilitv or impound lot.
The total stora�e fees assessed on an.�
motor vehicle shall not exceed $500 or
50% of the value of the motor vehicle as
determined bv competent authoritv,
whichever is less.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2008.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading
Publication:
�
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CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 14, 2008
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
April 14, 2008
P W08-014
Recommendation of Award for 2008 Miscellaneous Concrete Repair
City of Fridley Project No. 375
On Thursday, April 3, 2008, at 10:00 a.m. bids were opened for the 2008 Misc. Concrete Project
No. 375. The 2008 project includes remedial sidewalk repair, repair of concrete street panels, and
repair or replacement of concrete curb due to utility repairs or driveway entrance permits.
Five bids were received per the attached bid tabulation. The low bid was submitted by Standard
Sidewalk, Inc. formerly of Chisago City, now of Blaine, in the amount of $44,465. Standard
Sidewalk was awarded the contract in 2007, and had a good performance and response record.
This year's project is approximately 70% of the 2007 project scope, and low bid total in 2008 is
roughly 60% of 2007 awarded total. The project falls within our reduced budget. The budget for
concrete repairwas reduced to $55,000 to accommodate overages in sealcoating costs contracted
for in 2008.
Recommend the City Council receive the bids and award the contract for the 2008 Miscellaneous
Concrete Repair Project No. 375 to Standard Sidewalk. Inc., in the amount of $44,465.
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TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 14, 2008
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
April 14, 2008
Recommendation of Award for 2008 Sanitary Sewer Lining
City of Fridley Project No. 376
PW08-015
On Wednesday, April 9, 2008, at 10:00 a.m. bids were opened for the 2008 Sanitary Sewer Lining
Project No. 376. We had three bidders on the 2008 project, see the attached tabulation. Lametti
& Sons of Hugo were the lowest responsive bidder. The unit prices received are in line with this
year's budget for lining, and are approximately $3,500 lower than the engineer's estimate.
Recommend the City Council receive the bids and award the contract for the 2008 Sanitary Sewer
Lining Project No. 376 to Lametti & Sons in the amount of $70,275.
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� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 14, 2008
�ffY �F
FRIDLEY
To: William W. Burns, City Manager
From: Don Abbott, Public Safety Director
Date: April 11, 2008
Re: 2008 Alexandra House Service Contract
The Alexandra House was founded in 1977, and began sheltering victims of domestic
violence in 1980 in Fridley. Now located in Blaine, they operate with 60 volunteers, and 50
full-time, part time, and relief staff.
Due to the cuts in state funding, the Alexandra House requested each Anoka County city to
assist with funding for the operations of the shelter. According to the population and services
provided to the City of Fridley, they received $42,561 last year from the City of Fridley. In
2008, the City of Fridley has agreed to provide $21,000 for their services. A Professional
Services Agreement contract was written and approved for their services in 2007. Their
current contract is an agreement with the Alexandra House to provide an advocate to the City
of Fridley for the purpose of providing direct service and systems advocacy to battered
women and families, including criminal and civil court advocacy, crisis intervention, support,
general advocacy and referral and education.
Staff recommends approval of the 2008 Alexandra House Service Contract.
ADVOCACY AGREEMENT
BETWEEN THE CITY OF FRIDLEY
AND ALEXANDRA HOUSE
THIS AGREEMENT is in effect from 7anuary lst, 2008 to December 31St, 2008, by and between
Alexandra House and the City of Fridley (hereinafter collectively referred to as the parties).
WHEREAS, Alexandra House employs an advocate to provide direct service and systems
advocacy to battered women and families in the City of Fridley including criminal and civil court
advocacy, crisis intervention, support, general advocacy, referral and education; and to
collaborate with police and prosecution on behalf of victims of domestic assault (hereinafter
generally referred to as advocacy services);
WHEREAS, the City of Fridley {hereinafter referred to as the City) recognizes that advocacy
services are valuable to individuals within its community and supports these services; and
WHEREAS, collaboration and cooperation between the City and Alexandra House in providing
services is beneficial to both parties as well as the citizens of Fridley and victims of domestic
assault; and
WHEREAS, the collaboration between the parties is limited by the potentially divergent interests
of the City in representing all of its citizens and Alexandra House in advocating for and
otherwise providing services to victims of domestic assault and that this separation is necessary
to avoid any conflict of interest; and
WHEREAS, the parties have entered into this Agreement to outline the scope and limitations of
the collaboration between the parties.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. While recognizing that the Alexandra House advocacy services are apart from services
provided by the City, the City recognizes the value of these advocacy services to its
citizens. Accordingly the City will compensate Alexandra House the sum of twenty one
thousand dollars ($21,000 ) per year to partially assist in the cost of providing said
services to citizens of the City of Fridley. This compensation will be paid to Alexandra
House on a quarterly basis. This compensation will not be paid in any quarter in which
Alexandra House advocates do not provide an average of twenty-four hours per week
unless the City's Public Safety Director deems such lesser amount sufficient for the
quarter. Alexandra House agrees to provide information requested by the City to
establish that it is meeting this standard.
2. Nothing in this Agreement is intended to create an agency relationship between
Alexandra House and the City or an agency or employment agreement between the City
and any advocate employed by Alexandra House.
The advocacy services provided by Alexandra House are separate from those services
provided by the City of Fridley. No Alexandra House employee (including an advocate)
will be considered to be (and may not represent that they are) an employee, representative
or agent of the City and will not act fo� on behalf of the City. The advocate, as an
employee of Alexandra House, is subject to the exclusive control and direction of
Alexandra House. In addition, Alexandra House will retain control over the equipment,
supplies, operations, material, files, data or other infonnation collected or utilized by
Alexandra House or its advocate(s) in providing these services.
4. The City of Fridley or its officers, employees, representatives or agents will not have
authority to direct or assign Alexandra House employees (including advocate(s)) or
representatives or to access files, data or other information without the consent of the
advocate(s) or Alexandra House;
5. Alexandra House, its officers, employees (including advocates), representative and agents
will not have authority to direct or assign City employees or representatives or to access
files, data or other information without the consent of the City;
6. As an independent service provider, Alexandra House agrees to hold harmless and
indemnify the City from all claims, suits, actions, costs, counsel fees, expenses, damages,
judgments or decrees, by reason of any person or persons or property being injured or
damaged as a result of any advocacy services performed within the City of Fridley.
7. Either the Alexandra House or the City may terminate this agreement upon thirty {30)
days prior written notice to the other party without cause.
IN WITNESS WHEREOF, the said parry has signed this Agreement this day and year first
wri n above. ~
6=d��..�C. '
Connie Moore, xecutiv Director William W. Burns
(Alexandra House) (City Manager)
357670_2
22
�
�
C1TY �F
FRIaLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
To: William W. Burns, City Manager
From: Richard D. Pribyl, Finance Director
Donald Abbott, Public Safety Director
Date: April 10, 2008
Re: 2008-09 Liquor License Renewals
April 14, 2008
Debra A. Skogen, City Clerk
Brian Weierke, Police Captain
The annual liquor license renewals have been reviewed by staff.
All on-sale intoxicating liquor license establishments, 3.2% on-sale and wine, and club on-sale
intoxicating liquor licenses up for renewal have all provided the necessary insurance, bond, and
CPA statement with supporting documentation pertaining to food to liquor sales as required by
City Code. After reviewing the supplied documentation, it was found these establishments have
complied with the City Code requirement of 40% food sales and 60% liquor sales.
The police review found no major issues that would prevent these establishments from receiving
a renewal on-sale liquor license. They have provided information per establishment on the
number of calls received, number of police calls per $lOK, calls per service ratio, and whether or
not they failed either of the two compliance checks made in 2007.
Based on the information above, staff recommends approval of the following liquor license
renewals at this time:
■ AMF Bowling Centers Inc dba AMF
Maple Lanes
■ Applebees
■ BAM Inc dba Shortstop - Fridley
■ Billiard Street Cafe Inc dba Two
Stooges Bar & Grill
■ Fridley Crab House Music Cafe
■ Fridley Grill LLC dba Pickle Park
■ GMME Dough Inc., dba Broadway Bar
& Pizza
■ JWWB Inc dba Baggan's Pub
■ King's Restaurant
■ Rob Did it Again Inc dba Chris & Rob's
Chicago Taste Authority
■ Fridley American Legion
■ Fridley Knights of Columbus
■ Fridley VFW
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� COUNCIL MEETING OF APRIL 14, 2008
�ffY �F
FRIDLEY
CLAIMS
136138 -136383
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 14, 2008
LICENSES
Type of License Applicant Approved By:
All of the following licenses
have been reviewed by:
■ City Clerk
■ Police Captain
■ Fire Marshal
■ 3.2% Malt Liquor — Off-sale Freedom Valu Center
■ Food 7600 University Avenue NE
■ Gasoline Sales — Retail
■ Tobacco
■ 3. 2% Malt Liquor — Off-sale
■ Food
■ Tobacco
■ 3. 2% Malt Liquor — Off-sale
■ Food
Speedway Superamerica LLC,
SA Store #4199
7299 Highway 65 NE
Speedway Superamerica LLC,
SA Store #4175
5667 University Avenue NE
Speedway Superamerica LLC,
SA Store #4207
7449 E. River Road
4 Corners Gas & Convenience
1301 Mississippi St NE
Sam's West Inc dba Sams
Club #6310
8150 University Avenue NE
Supervalu Inc dba Cub Foods
250 57th Avenue NE
Target Store T-2200
755 53rd Avenue N
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 14, 2008
LICENSES
Type of License Applicant Approved By:
Gasoline Sales Private Pump
Determan Brownie, Inc.
1241 72"d Ave NE
Community Development
Fire Inspector
Police Dept
Food, Tobacco & Gasoline Jacqueline K. Bona Community Development
Bona Brothers Fire Inspector
5311 University Ave NE Police Dept.
Youssef Rmayti
Fridley BP
6485 East River Road
Mohamed-Said Zaro
Riverboat Food and Fuel
7883 East River Road
Holiday Stations Stores, Inc.
Holida�y Station Store #118
200 57t Ave
Holiday Station Stores, Inc.
Holiday Station Store #188
5695 Hackmann
Andrea K. Drake President
University Holiday Market
7295 University Ave NE
Janet Oppong Agyei
Stop N Save
7298 Highway #65
Raees Ahmed Chohan
Super Stop
5300 Central Ave NE
2008-09 License Renewals
Page 2
' Type of License Applicant ' APproved By: '
Food, Tobacco & Gasoline
Food and Tobacco
Sue M. Nelson, CEO
Fridley Amstar Auto Care
7680 Highway #65
Sanel Hoso
Bosnian Supermarket
6237 University Ave
Diane E. Durand, License
Coordinator
CVS /Pharmacy #8435
5696 University Ave
Bilal Haidari, President
Mr. Discount Tobacco &
Grocery
315 Osborne Road
Touni El-Bazi, President
The Dollar Store
6532 University Ave NE
Mehboob H. Momin, President
South Asian Food
765 53rd Ave NE
Margarita Kellen, Assistant Secretary
Walgreens #04697
6525 University Ave
Rick Brazile
Wal-Mart Stores, Inc
Wal-Mart Store #1952
8450 University
Community Development
Fire Dept
Police Dept
Community Development
Fire Dept
Police Dept
Tree Removal/Treatment Justin R. Herold City Engineer
4 Seasons Tree Care
Pierz, MN
David A Nordgaard
A Top Notch Tree Service
Plymouth, MN
2008-09 License Renewals
Page 3
' Type of License Applicant ' APproved By: '
City Engineer
Tree Removal/'lreatment Donald Lawrence
Arbor Design Tree Service
Brooklyn Center, NIN
Scott Bailey
Asplundh Tree Service
Blaine, NIN
James Savre
Central Minnesota Tree Service
Fridley, MN
Mark J. Wilson
Legacy Tree Care
Maple Grove, MN
Lynn K. Welles
Northeast Tree, Inc.
Minneapolis, MN
Christine Groholskie
Precision Landscape Tree Inc.
Little Canada, NIN
Dennis Harold
Premier Tree Service
Pierz, MN
Benjamin Cooper
Rainbow Tree Care
St. Louis Park, MN
Peter M Vagovich
Reliable Tree Service, Inc
Fridley, MN
Steve Sylvester
S&S Specialists
South St. Paul, MN
Philip Castano
Terra's Canopies, LLC
Robbinsdale, MN
2008-09 License Renewals
Page 4
' Type of License Applicant ' APproved By: '
City Engineer
Tree Removal/Treatment
Motor Vehicle Auto Body Repair
Dennis H Fink
A&H Tree Service, Inc. DBA
Western Tree Service
Paynesville, MN
John Wimmer
Pioneer Tree & Landscape Inc
Pierz, MN
Samir Awaijane
Sam's Auto World
7570 Highway #65
Harry Herrman
Fridley Auto Body
900 Osborne Road NE
Ranall P Olchefske
Riverside Services, INC
MAACO
148 Osborne Road
Duane A Rowe
ABRA Minnesota, INC
ABRA Auto Body & Glass
148 Osborne Road
Police Dept
Community Development
Fire Dept
Recycling and Solid Waste Dennis M. Fredrickson Police Dept.
Ace Solid Waste, Inc. Recycling Coordinator
Ramsey, MN
Jerome W Meyer
Allied Waste Services
Circle Pines, NIN
Marv G. Vikla
Aspen Waste Systems, Inc
Maple Grove, MN
Joseph T. Boone
Boone Trucking
Minneapolis, MN
2008-09 License Renewals
Page 5
' Type of License Applicant ' APproved By: '
Recycling and Solid Waste
Tobacco
Live Stock - Pigeons
Keith Krupenny, President
Keith Krupenny & Sons
West St. Paul, MN
Randall R Roskowiak,President
Randy's Sanitation, Inc.
Delano, MN 55328
Steve L. Halgren, Vice President
Veit Container Corp dba
Viet Disposal System
Rogers, MN
David A Zieroth, Secretary
Veolia E'S Vasko Solid Waste
St. Paul, MN
George Walters, President
Walters Recycling And Refuse
Blaine, NIN
Kyle Birkholz
Fridley Liquor #2
Kyle Birkholz
Fridley Liquor #3
Xiong Zheng
Fridley, MN
Food Jennifer Nguyen
Ben Thanh Market
6566 University Ave
Michael S Schroer
Bob's Produce
7620 University Ave
Duke & King ACQ
Burger King #13091
289 57th Ave NE
Police Dept.
Recycling Coordinator
Police Department
Police Department
Community Development
Community Development
Fire Dept
Police Dept
2008-09 License Renewals
Page 6
' Type of License Applicant ' APproved By: '
Food Dolly Belle LLC
Dunn Brothers Coffee
7610 University
Fridley Alano Society
Manuel C Arechiga
5925 University Ave
Karen Kwan
Hong Kong Kitchen
6562 University Ave
Subway
Peggy K Schmitz
1029 E Moore Lake Drive
Mikes Discount Foods
Mike R Abernathy
230 Osborne Road
Buffets Inc
Old Country Buffet #2
6540 University Ave
Papa Murphy's
Steve Ungchun Oh
201 Sth Avenue NE
Quiznds Subs
Hiep Pho
7610 University Ave
Border Foods Inc
Taco Bell #20117
7295 University Avenue NE
Ricky's Embers America
Joseph Sterling Rickenbach
5400 Central Avenue NE
Bon Appetit Management Co
Metronic "HQ Cafe" World HQ
710 Medtronic Parkway
Community Development
Fire Dept
Police Dept
2008-09 License Renewals
Page 7
' Type of License Applicant ' APproved By: '
Food Bon Appetit Management Co Community Development
Metronic Cardiac Rhythm Mgmt Fire Dept
7000 Central Ave NE Police Dept
Ahn Enterprises LLC
Seoul Foods
1071 E Moore Lake Drive
Grandpa's Ice Cream
Michael J Simmons
1258 E Moore Lake Drive
JDH Inc
Chanticlear Pizza
1262 E Moore Lake Drive
Maricopa Management Inc
Zantigds
255 57th Avenue NE
College Town Pizza Inc
Dominos' Pizza
7510 University Avenue NE
Mc Donald's
Mark Allan Wheeldon
244 57th Avenue
Mc Donald's
Mark Allan Wheeldon
8100 University Avenue NE
Wong's Gourmet
Lisa Xiaoxian Chen
1254 E Moore Lake Drive
Godfathers Pizza
John David Tidd
7910 University Avenue NE
Mo Jds Pizza
John Eric Bergman
6522 University Avenue NE
2008-09 License Renewals
Page 8
' Type of License Applicant ' APproved By: '
Food Wendy's Community Development
Daniel Joseph Opitz Fire Dept
7601 Viron Way Police Dept
Massage Therapy
Kelli Ann Potratz
Teresa Kaus
Deanna Peterson Hawkins
Bridget Wickstrom
Mona Jean Wigen
Samuel A Peterson
Amy Ritter
Pawn Shop Cash-N-Pawn of MN Ltd
Gregory Joseph Daniel
201 57th Avenue NE
Hotel/Motel
Pawn America LLC
Bradley Kent Rixmann
789 53rd Avenue
Budget Host Motel
Divyesh N Bhauta
6881 Highway 65 NE
Police Dept
Police Department
Police Dept
Community Development
Fire Dept
Police Dept
tlsed Motor Vehicle Midwest Car Search LLC Police Department
Scott Alan Spiczka Community Development
990 Osborne Road
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 14, 2008
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Brent's Clean Swee Chimne Swee Brent Wicklund Ron Julkowski, CBO
Cente oint Ener Heatin Contractor JoAnn Zinken Ron Julkowski, CBO
CM Construction Company Commercial or Mary Lynn Peterson Ron Julkowski, CBO
S ecialt
Cornerstone Mechanical Inc. Heatin /Gas Timoth Rancour Ron Julkowski, CBO
Darin Williams Commercial or Darin Williams Ron Julkowski, CBO
S ecialt
Gilbert Mechanical Gas Services/Heatin John Gorman Ron Julkowski, CBO
Mehrwerth Concrete & Masonry Masonry Brad Studenski Ron Julkowski, CBO
Hamlin Mechanical Gas Services Jeren Hamlin Ron Julkowski, CBO
Osmonson Heatin & Air Inc Gas Services Mark Osmonson Ron Julkowski, CBO
Owens Com anies, Inc. Gas Services Liana E. Cohan Ron Julkowski, CBO
Pierce Refrigeration Heating Contractor Linda Sewald/Trish Ron Julkowski, CBO
Rustad
R& S Heatin & Air Gas Services Brett Thielen Ron Julkowski, CBO
St. Paul Plumbin & Heatin Heatin Contractor Tamera Mathews Ron Julkowski, CBO
Vertical Limit Construction, LLC Commercial or Eric Bicknese Ron Julkowski, CBO
Specialty
� AGENDA ITEM
� CITY COUNCIL MEETING OF APR. 14, 2008
�ffY �F
FRIDLEY
Date: Apri17, 2008
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Rachel Harris, Environmental Planner
Subject: Public Hearing to Consider Ordinance for Text Amendment TA #08-01, Housing
Maintenance Requirements in R-1, One-Family Dwelling District, R-2, Two-Family
Dwelling District, R-3, General Multiple Dwelling District, and S-1, Hyde Park
Neighborhood District
Background
Last year, in response to community feedback, the Fridley City Council directed staff to develop language
modifying the City's housing maintenance code standards. The Council's direction was to implement
changes that permitted staff the necessary authority to require basic maintenance of home exteriors
without creating a detailed code that would require increased staffing. The City Council has discussed
creation of a housing maintenance code many times in the past, but the cost of staffing (enforcing) the
code has halted the process. The City Council has asked staff to pursue this option which is designed to
address five basic exterior home conditions that are visible from the street — 1) roofs, 2) gutters and
downspouts, 3) siding, 4) fascia and soffits, and 5) windows and doors, including garage doors.
After Council's direction last year, the HRA funded a survey of current housing conditions, which was
completed last summer. The summer intern completing the survey reported that 85% of Fridley
residential properties are in overall good condition. There are, however, many properties that could need a
single maintenance item addressed. Our data indicates that there are likely only about 30 properties which
need e�tensive improvements.
Commission Recommendation
On March 19, 2007, the Planning Commission held a public hearing regarding TA #08-01. There was
some public comment and much discussion regarding what property types would be affected by the code
change, how the code changes would be interpreted and enforced, and how the staff would deal with
cases of hardship. A motion to bring the language back to the Commission with modifications to the
percentages proposed in the text amendment and inclusion of a hardship statement passed on a 5-1 vote.
The Planning Commission then considered changes proposed by staff at an Apri12 meeting. The
Commission was content with the changes made by staff and passed a motion unanimously to forward the
text amendment as modified onto Council.
Staff Recommendation
Staff concurs with the Planning Commission and recommends consideration of the attached ordinance,
which would amend the maintenance language in R-1, One-Family Dwelling District, R-2, Two-Family
Dwelling District, R-3, General Multiple Dwelling District, and S-1, Hyde Park Neighborhood District, to
include additional housing maintenance requirements for five basic exterior home conditions: roofs, gutters
and downspouts, siding, fascia and soffits, and windows and doors, including garage doors.
� AGENDA ITEM
� CITY COUNCIL MEETING OF APR. 14, 2008
�ffY �F
FRIDLEY
Date: Apri17, 2008
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Rachel Harris, Environmental Planner
Subject: First Reading Ordinance for Text Amendment TA #08-01, Housing
Maintenance Requirements in R-1, One-Family Dwelling District, R-2, Two-Family
Dwelling District, R-3, General Multiple Dwelling District, and S-1, Hyde Park
Neighborhood District
Background
On April 14, the City Council will be holding a public hearing to consider changes to the housing
maintenance requirements in the residential sections of the Fridley Zoning Code. The next step in the text
amendment process is to conduct the first reading of the proposed ordinance. Often the City Council does
not conduct the first reading on the same night as the public hearing. In this case, however, the text
amendment has been initiated by the City CounciL In addition, it would be in the best interests of the City
to have the new language adopted and enforceable by the time the Planning Division's summer interns
start work in mid-May. This will enable staff to complete more cases during the summer construction
season.
Recommendation
Staff recommends that the City Council conduct the first reading of the attached ordinance on April 14,
following the public hearing, which would amend the maintenance language in R-1, One-Family Dwelling
District, R-2, Two-Family Dwelling District, R-3, General Multiple Dwelling District, and S-1, Hyde Park
Neighborhood District, to include additional housing maintenance requirements for five basic exterior home
conditions: roofs, gutters and downspouts, siding, fascia and soffits, and windows and doors, including
garage doors. The second reading will then be scheduled for Apri128, 2008.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 205.07, 205.08, 205.09, 205.23 OF THE FRIDLEY
CITY CODE PERTAINING TO HOUSING MAINTENANCE
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:
Section 1: That Section 205.07.06 of the Fridley City Code be hereby amended as follows:
6. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements.
A finished ground grade shall be established such that natural drainage away from all
buildings is provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall com�lv with the State Buildin� code
requirements. �+���.T �,.,r o�,,,.+�, �� �n� rEk��e��rze�+.,���^^+-^o���c�
o ,-o,a � „�,. ,. „-i. ,.,-.,,ao
G. Maintenance.
It shall be the responsibility of the property owner to ensure that:
(1) Every exterior wall, foundation and roof of any building or structure shall be reasonably
watertight, weather tight and rodent proof and shall be kept in a good state of maintenance
and repair.
,
+o.,,-� ,,,-i.,-o.,i,� „�,ao+o..;,,,-.,+o,a �i.,�+o,- �+,,,.,.,, i...;,.i, ,,,a
> > >`
(2) The protective surface on exterior walls of a building shall be maintained in good repair and
provide a sufficient covering and protection of the structural surface against its deterioration.
Without limiting the generality of this Section, a protective surface of a building shall be
deemed to be out of repair i£
(a) More than twenty-five percent (25%) of the area of any plane or wall on which the
protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or
(b) More than twenty-five percent (25%) ofthe pointing of any brick or stone wall is loose or
has fallen out.
(3) Doors, windows, and screens shall be maintained free from e�tensive dilapidation due to
cracks, tears or breaks. All openin�s intended for windows, shall have windows placed in said
openin�s. A door or window shall be deemed to be out of repair i£
a) More than twentv-five percent (25%) of the area of an�plane or surface has paint or stain
that is blistered, cracked, flaked, scaled or chalked awav, or
b) More than twentv-five percent (25%) of the area of anv door or window has evident
delaminatin� of wood, discoloration of permanent finish or warpin ,�or
c) An�gara�e door which fails to close entirely or is missin� a panel.
(4) Roof surfaces of a buildin� shall be maintained in o._ o�d repair and provide sufficient covering
and protection of the structural surface a�ainst its deterioration. Without limitin� the
Qeneralitv of this Section, a protective roof surface of a buildin� shall be deemed to be out of
repair if the roof surface has more than ten percent (10%) of anv plane or surface with
broken, torn or missin� shin�les.
(5) Eaves and Soffits shall be maintained in �ood repair and provide a sufficient coverin� and
protection of the structural surface a�ainst its deterioration. Without limitin� the �eneralit�f
this Section, eaves or soffits of a buildin� shall be deemed to be out of repair i£
a) More than twentv-five percent (25%) of the area of an�plane or surface has paint or stain
that is blistered, cracked, flaked, scaled or chalked away, or
b) Pieces of the wood, metal, or other a�proved protective cover is missin�.
(6) Gutters and downspouts shall be installed properly and shall be maintained so to
avoid unsi�htl��pearance by virtue of sa�in�, collapsed sections, or missin� pieces.
(� 7) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and
other exterior developments shall be maintained in an attractive, well kept condition.
(4 8) The boulevard area of a premise shall be properly maintained, groomed and cared for by
the abutting property owner.
Section 2: That Section 205.08.06 of the Fridley City Code be hereby amended as follows:
6. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements.
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall com�lv with the State Buildin� code
T'eC�U1T'e111e11tS. iiv+�v��Sj'.T 1,.,,, o � ,,,-rl, /1 /�\ ,,E��p€i'�r�Ai}+•,lccc�rv"�vi�ccvccE�£
o ,-o.a G.,,�. .. „-l. ..,-.,.ao
G. Maintenance.
It shall be the responsibility of the property owner to ensure that:
(1) Every exterior wall, foundation and roof of any building or structure shall be reasonably
watertight, weather tight and rodent proof and shall be kept in a good state of maintenance
and repair.
,
, , ,
(2) The protective surface on exterior walls of a building shall be maintained in good repair and
provide a sufficient covering and protection of the structural surface against its deterioration.
Without limiting the generality of this Section, a protective surface of a building shall be
deemed to be out of repair i£
(a) More than twenty-five percent (25%) of the area of any plane or wall on which the
protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or
(b) More than twenty-five percent (25%) ofthe pointing of any brick or stone wall is loose or
has fallen out.
(3) Doors, windows, and screens shall be maintained free from e�tensive dilapidation due to
cracks, tears or breaks. All openin�s intended for windows, shall have windows placed in said
openin�s. A door or window shall be deemed to be out of repair i£
a) More than twent. -f�percent (25%) of the area of an�plane or surface has paint or stain
that is blistered, cracked, flaked, scaled or chalked awav, or
d) More than twent. -f�percent (25%) of the area of any door or window has evident
delaminatin� of wood, discoloration of permanent finish or warpin�, or
e) An�gara�e door which fails to close entirely or is missin� a panel.
(4) Roof surfaces of a buildin� shall be maintained in �ood repair and provide sufficient coverin�
and protection of the structural surface a�ainst its deterioration. Without limitin�the
�enerality of this Section, a protective roof surface of a buildin� shall be deemed to be out of
repair if the roof surface has more than ten percent (10%) of an�plane or surface with
broken, torn or missin._ s�h�in._l�es.
(5) Eaves and Soffits shall be maintained in �ood repair and provide a sufficient coverin� and
protection of the structural surface a�ainst its deterioration. Without limitin� the �eneralitv of
this Section, eaves or soffits of a buildin� shall be deemed to be out of repair i£
c) More than twentv-five percent (25%) of the area of an�plane or surface has paint or stain
that is blistered, cracked, flaked, scaled or chalked awav, or
d) Pieces of the wood, metal, or other a�proved protective cover is missin�.
(6) Gutters and downspouts shall be installed properlv and shall be maintained so to
avoid unsi�htl��pearance by virtue of sa�in�, collapsed sections, or missin� pieces.
(� 7) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and
other exterior developments shall be maintained in an attractive, well kept condition.
(4 8) The boulevard area of a premise shall be properly maintained, groomed and cared for by
the abutting property owner.
Section 3: That Section 205.09.07 of the Fridley City Code be hereby amended as follows:
7. PERFORMANCE STANDARDS
F. Drainage and Grade Requirements.
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall com�lv with the State Buildin� code
requirements. �+���.T �,.,r o�,,,.+�, �� �n� rEk��e��rze�+.,���^^+-^o���c�
G. Maintenance.
It shall be the responsibility of the property owner to ensure that:
(1) Every exterior wall, foundation and roof of any building or structure shall be reasonably
watertight, weather tight and rodent proof and shall be kept in a good state of maintenance
and repair.
,
+o.,,-� ,,,-i.,-o.,i,� „�,ao+o..;,,,-.,+o,a �i.,�+o,- �+,,,.,.,, i...;,.i, ,,,a
> > >`
(2) The protective surface on exterior walls of a building shall be maintained in good repair and
provide a sufficient covering and protection of the structural surface against its deterioration.
Without limiting the generality of this Section, a protective surface of a building shall be
deemed to be out of repair i£
(a) More than twenty-five percent (25%) of the area of any plane or wall on which the
protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or
(b) More than twenty-five percent (25%) ofthe pointing of any brick or stone wall is loose or
has fallen out.
(3) Doors, windows, and screens shall be maintained free from e�tensive dilapidation due to
cracks, tears or breaks. All openin�s intended for windows, shall have windows placed in said
openin�s. A door or window shall be deemed to be out of repair i£
a) More than twentv-five percent (25%) of the area of an�plane or surface has paint or stain
that is blistered, cracked, flaked, scaled or chalked awav, or
fl More than twent. -f�percent (25%) of the area of any door or window has evident
delaminatin� of wood, discoloration of permanent finish or warpin�, or
g) An�gara�e door which fails to close entirely or is missin� a panel.
(4) Roof surfaces of a buildin� shall be maintained in o._ o�d repair and provide sufficient covering
and protection of the structural surface a�ainst its deterioration. Without limitin� the
Qeneralitv of this Section, a protective roof surface of a buildin� shall be deemed to be out of
repair if the roof surface has more than ten percent (10%) of anv plane or surface with
broken, torn or missin� shin�les.
(5) Eaves and Soffits shall be maintained in �ood repair and provide a sufficient coverin� and
protection of the structural surface a�ainst its deterioration. Without limitin._ t�he �eneralitv of
this Section, eaves or soffits of a buildin� shall be deemed to be out of repair i£
e) More than twent. -f�percent (25%) of the area of an�plane or surface has paint or stain
that is blistered, cracked, flaked, scaled or chalked awav, or
fl Pieces of the wood, metal, or other a�roved protective cover is missin�
(6) Gutters and downspouts shall be installed properlv and shall be maintained so to
avoid unsi�v a�earance bv virtue of sag� ,._� collapsed sections, or missing�ieces.
(� 7) Every yard and all structures, walls, fences, walks, steps, driveways, and landscaping and
other exterior development shall be maintained in an attractive, well kept condition.
(4 8) The boulevard area of a premise shall be properly maintained, groomed and cared for by
the abutting property owner.
Section 3: That Section 205.23.07 of the Fridley City Code be hereby amended as follows:
7. PERFORMANCE STANDARDS:
D. Drainage and Grade Requirements.
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall com�lv with the State Buildin� code
requirements. �+���.T �,.,r o�,,,.+�, �� �n� rEk��e��rze�+.,���^^+-^o���c�
o ,-o,a � „�,. ,. „-i. ,.,-.,,ao
F. Maintenance.
It shall be the responsibility of the property owner to ensure that:
(1) Every exterior wall, foundation and roof of any building or structure shall be reasonably
watertight, weather tight and rodent proof and shall be kept in a good state of maintenance
and repair.
,
+o.,,-� ,,,-i.,-o.,i,� „�,ao+o..;,,,-.,+o,a �i.,�+o,- �+,,,.,.,, i...;,.i, ,,,a
> > >`
(2) The protective surface on exterior walls of a building shall be maintained in good repair and
provide a sufficient covering and protection of the structural surface against its deterioration.
Without limiting the generality of this Section, a protective surface of a building shall be
deemed to be out of repair i£
(a) More than twenty-five percent (25%) of the area of any plane or wall on which the
protective surface is paint, is blistered, cracked, flaked, scaled or chalked away, or
(b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or
has fallen out.
(3) Doors, windows, and screens shall be maintained free from e�tensive dilapidation due to
cracks, tears or breaks. All openin�s intended for windows, shall have windows placed in said
openin�s. A door or window shall be deemed to be out of repair i£
a) More than twent. -f�percent (25%) of the area of an�plane or surface has paint or stain
that is blistered, cracked, flaked, scaled or chalked awav, or
h) More than twent. -f�percent (25%) of the area of any door or window has evident
delaminatin� of wood, discoloration of permanent finish or warpin�, or
i) An�gara�e door which fails to close entirely or is missin� a panel.
(4) Roof surfaces of a buildin� shall be maintained in �ood repair and provide sufficient coverin�
and protection of the structural surface a�ainst its deterioration. Without limitin� the
�enerality of this Section, a protective roof surface of a buildin� shall be deemed to be out of
repair if the roof surface has more than ten percent (10%) of an�plane or surface with
broken, torn or missin._ s�h�in._l�es.
(5) Eaves and Soffits shall be maintained in �ood repair and provide a sufficient coverin� and
protection of the structural surface a�ainst its deterioration. Without limitin._ t�he �eneralitv of
this Section, eaves or soffits of a buildin� shall be deemed to be out of repair i£
g) More than twentv-five percent (25%) of the area of an�plane or surface has paint or stain
that is blistered, cracked, flaked, scaled or chalked away, or
h) Pieces of the wood, metal, or other a�proved protective cover is missin�.
(6) Gutters and downspouts shall be installed properlv and shall be maintained so to
avoid unsi�htl��pearance by virtue of sa�in�, collapsed sections, or missin� pieces.
(� 7) Every yard and all structures, walls, fences, walks, steps, driveways, and landscaping and
other exterior development shall be maintained in an attractive, well kept condition.
(4 8) The boulevard area of a premise shall be properly maintained, groomed and cared for by
the abutting property owner.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF 2008.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: April 14, 2008
First Reading: April 14, 2008
Second Reading: Apri128, 2008
Published: May 8, 2008
�
�
CJTY dF
FRIaLE`f
AGENDA ITEM
CITY COUNCIL MEETING OF
APRIL 14, 2008
To: William W. Burns, City Manager
From: Richard D. Pribyl, Finance Director
Donovan Abbott, Public Safety Director
Debra A. Skogen, City Clerk
Date:
Re
April 10, 2008
Approval of Motel License for LivINN Suites with Conditions
The hotel/motel license for LivINN Suites is up for renewal. The Police Department has major
public safety concerns with the hotel at this time and is urging discussion of this license.
The Police Department is aware of a high incidence of police calls for service and suspected or
verified instances of criminal activity occurring on the licensed premises. The most concerning of
these offenses was the murder of one hotel guest by another on March 13, 2008. Overall, the Police
Department has assessed the operation of LivINN Suites and found they are in conflict with the
values of the community. LivINN Suites falls well short of the expectations our citizens have come
to expect for the operation of a business in our City.
Police Department staff inet with LivINN Suites management on March 28, 2008 to present their
concerns and outlined steps to reduce the incidence of criminal activity occurring on or related to
the property. Management was responsive to Police concerns and the tone of the meeting was
positive. However, in light of all of the facts of the Police Department memorandums, shown in
Attachment A, and the Police Calls for Service, shown in Attachment B, the Police Department
strongly recommends if the license is renewed that the license be approved with the conditions
presented in the Action Plan and that the licensee be required to attend a revocation hearing for
possible revocation of their licenses on November 17, 2008, if they have not met the conditions of
the license.
Fridley City Code, Section 11.08. Revocation states, "Any violation of the terms of this Chapter or any
other licensing or permit provision of this Code shall be grounds for suspension and/or revocation of the
license or permit by the City Council. Licenses and permits shall be revoked only for cause and upon
adequate notice and the opportunity to be heard."
Staff recommends a motion approving LivINN Suites 2008-09 hotel/motel license with the
following conditions:
1. That LivINN Suites participate in the 2008 Action Plan prepared by the Fridley Police
Department and shown in Attachment A.
2. That LivINN Suites appear before the Fridley City Council on November 17, 2008 for
possible revocation of their license.
Fridley Police Department
Memorandum
�..
�RID t
•A w•
a��
�
To: Rick Pribyl, Finance Director
From: Don Abbott, Public Safety Director
Date: April 8, 2008
Re: LivInn Suites Hotel License Renewal
Attachment A
This memo is written to provide information from a public safety perspective on the
renewal of the Hotel License issued pursuant to Chapter 26 of the Fridley City Code.
Ultimately, the Police Department is aware of a high incidence of police calls for service
and suspected or verified instances of criminal activity occurring on the licensed premise.
The most concerning of these offenses was the murder of one hotel guest by another
March 13, 2008. Police reports indicate that both narcotics and assaults factor
prominently in calls for service at the LivInn Suites. In addition, police surveillance
during the past two years, combined with the observations of officers responding to calls
at the hotel, and tips from citizens, all indicate that prostitution is commonplace on the
property. Overall, the operation of this hotel is in conflict with the values of the
community and falls well short of the expectations our citizens have for the operation of a
business in our city.
Staff inet with LivInn Suites management March 28, 2008, and presented our concerns
and discussed steps to reduce the incidence of criminal activity occurring on or related to
the property. Management was responsive to Police concerns and the tone of the meeting
was positive. The remainder of this memo and attachments will provide details on police
calls for service on the licensed premise, and outline steps for improvement. Ultimately,
the Police Department is recommending that Council renew the Hotel License for LivInn
Suites, but that a revocation hearing be set for the November 17, 2008 City Council
Meeting. This 6 month period will allow LivInn Suites management time to take
corrective action to improve conditions in the hotel. In addition, Staff recommends that
Council make the 2008 Hotel License issued to LivInn Suites conditional upon their
participation in or accomplishment of conditions presented in the Action Plan portion of
this memo.
Issues
The LivInn Suites has been the location for 122 calls for service in 2007, and 131 in
2006. The total number of calls to the hotel has remained fairly consistent over the past
several years. The breakdown of calls for service is also fairly consistent between 2006
and 2007. Thus far in 2008, police have responded to 26 incidents (January 1— March
31) including one homicide and two felony assaults (see attached memo from Lt.
Monsrud).
The breakdown of the 2007 calls for service presented here:
Total Calls For Service 2007* 122
Dama e to Pro ert /Theft/Auto Theft 27
Disturbance/Disorderl Conduct 18
Dru Related Calls 17
Medical/Crisis/Welfare Checks 14
Sus icious Activit 13
Civil Dis utes & Public Assists 9
Robbe and Assault 9
Assaults — no wea ons 8
Assaults — wea ons involved 2
Domestic Situations 8
Fraud 7
Tres assin 4
Prostitution Related mentioned in re ort 2
*'1he sum of the lncldent types ln the table ls greater than the total calls 1or servlce ln 2007. Some calls lncluded more than one area
of concern, such as a call involving an assault with drugs found or mentioned would be included as both a an assault and a drug related
incident.
Action Plan
1. LivInn Suites will no longer accept cash payments for any room rental. All room
stays will be charged to a credit card. Currently, overnight rentals may be paid in
cash and backed up by a credit card on file;
2. LivInn Suites will comply with the registration requirements of Minnesota
Statutes Chapter 327. Hotel staff will gather all personal identification on each
guest and provide that in a format that allows police to check registered guests for
wants and warrants;
3. LivInn Suites will review websites and other media commonly used by prostitutes
to ply their wares and compare their photos and other features against their
current guests;
4. LivInn Suites management will meet with police staff monthly for the next six
months to review police reports and to evaluate the effectiveness of policy and
procedure changes, making modifications where indicated;
5. The Police Department will continue increased surveillance and enforcement
efforts on and around the hotel.
6. The Police Department will offer training in the recognition of drug activity and
other illicit conduct to LivInn Suites staff;
7. Staff will provide monthly updates to Council summarizing police calls and any
noted improvement in the overall operation of the hotel.
A summary of the March 28 meeting with LivInn Management (memo from Capt.
Weierke), an online customer review of the hotel, and a summary of police calls for 2007,
are all attached to this memo.
��`=°` y Fridley Police Department
����' Memorandum
��
�
To: Chief Abbott
From: Captain Weierke
Date: 03-28-08
Re: Meeting with Live-Inn Suites
On Friday 03-28-08 at 1105hrs in the front conference room of the Fridley Police
Department Chief Abbott, Captains Weierke and Rewitzer met with officials (Trish
Wallin & Rich Kordiak) from the Live Inn Suites.
The purpose of the meeting was to discuss the substantial increase on police calls over
the last two years, educate them on some crime prevention tips, inform them of some
criminal MN Statutes that pertain to their hotel and notify them of the pending City
Council action for April 14tn
Chief Abbott discussed the disorderly house statute and other hotel related criminal
statutes and how they affect their hotel and management.
We discussed future crime prevention tips for example: taking credit cards, identifying
and registering guests with more diligence etc...
They informed us that their rooms cost anywhere from $59.00 to $129.00 per night.
They rent all of their rooms for at least 24 hrs. They are about 65% full capacity with
about 60-70 guests currently staying with them. 60% of the guests are staying weekly
and 40% are nightly guests.
Chief Abbott discussed the special agenda action on their hotel license that the Fridley
City Council will be hearing on April 14th and encouraged them to attend the meeting.
Chief Abbott requested Captain Weierke to check with Carl Newquist's office about a
program that will assist the Live-Inn employees to check guests for criminal
backgrounds.
Chief Abbott also requested Captain Weierke to run a 2008 first quarter report on calls
for service for the Live-Inn Suites and provide them to their management. Captain
Weierke will also coordinate monthly meetings with the Live Inn management for the
next six months to discuss police calls and prevention ideas.
Fridley Police Department
Memorandum
� '� To: PublicSafety Director Abbott
IQFFICE��,
• � From: Lt. Mike Monsrud
��poLIGE� Date: 4/9/08
Re: First Quarter Live Inn Suites Calls
During the first quarter of 2008 (January lst - March 31st) there have been 26 calls for
service to the Live Inn Suites at 5201 Central Ave. I have attached a copy of the calls for
service summary for this quarter. Here is a summary of the more serious offenses:
3-31-08 Homicide — Man killed after drug deal goes bad in his room. 08-055744
3-1-08 2"d Degree Assault — Man stabbed in parking lot. Believed to be drug related.
Victim is wanted for bank robbery in Blaine. 08-047430
2-21-08 2"d Degree Assault - Man assaulted with baseball bat and gun — robbed — live
round recovered in room. 08-040124
01-02-08 Man with a gun — Officers dispatched for man with a gun in hallways. Unable
to locate male. 08-000290
01-01-08 Narcotics Warrant Arrest — Dispatched to 30 males fighting in the hallway —
most were gone — one had felony control substance warrant. 08-000235
03-30-08 Theft of $2500 cash from a room. Roommate said there are people coming and
going from the room all night long. 08-070147
2-23-08 Man arrested for possessing 29.3 grams of marijuana after staff reported him
acting suspicious in the lobby. 08-041400
03-16-08 4 people charged with underage consumption of alcohol after a loud party call.
08-058371
3-22-08 2 males arrested for underage consumption and possession of marijuana after a
drug deal went bad in the back parking lot. 08-063246
3-27-08 Aid to State Patrol who was there to locate man involved in a hit and run
accident. Man smashed out the 2"d floor window and fled on foot. 08-067146
Customer Review of LivInn Suites from TripAdvisor.com
"Jerry Springer's show bookers would love this hotel !!"
LivINN Suites
� �."�"�' �`w�' ��z � � _����
� ��
i
Lex Lobsters
Lexington, ,KY
Feb 13, 2008
Pm not sure where to start !!
The reviews I read on the various sites were so strange. For every review that said, "worst hotel Pve ever stayed at",
there was one that said, "excellent stay". Now that Pve stayed there, I fall on the worst hotel side.
I walked in the door on the day I arrived, there was no on at the front desk. Within 2 minutes I was approached by what
appeared to be a homeless female. She asked me if I had a cigarette, which I did and gave her one. She then asked me if
I could "help her out" with some $$$, "she would do anything I wanted". That should have been my queue to exit, but I
was on a budget and figured Pd give it a shot for a night or 2.
Got checked in, the walk to the room was also an indication of things to come. The hot tub has a CLOSED sign, the
sauna had an OUT OF ORDER of order sign and the staff said they would be down for at least 2 more weeks. My room
was OK. Large, fairly clean. Nice TV with good selection of channels. But the heater/AC was TERRIBLE. It had 2
temperatures, Desert and Acrtia l tried for 3 days and night s to find a medium and never did.
It wasnY long before the door slamming started. It sounded like there was a contest going on to see who could slam
their door the loudest. This went on until all hours of the night. I know Marijuana and crack when I smell it, and it was
rampant.
I was worn out from the long drive, so I managed to get to sleep that night through all the noise.
Night #2...the windows start rattling. Someone is knocking on a door and they want in...badly !! Alot of yelling choice
words, obviously a domestic situation that culminated with a wife & girlfriend fighting in the hallway outside my door.
Followed by the crying of a 4 year old little girl who mom was dumb enough to bring along with her. I called the desk
and they came up and broke it up.
Night # 3...It's actually kind of quiet and Pm sleeping so well. At 11:45, 2 police officers almost break the ajoining
rooms door down, and order the people inside to open up ! They led 3 handcuffed individuals out. Pd seen enough. I
checked out the following morning.
I realize this is a long review, but I don't want any other travellers to be fooled. One review I read said that the hotel
appeared to also be a temporary lodging facility for single mothers in a bind or an abusive situation. I believe this is
probably true, as I saw at least 5 young mothers packing in alot of "stuff'. These folks never caused a problem. They
were the most well behaved people in the whole place. But the drug and prositution activity is obvious. If you're into
that, this is your place to stay when in Minneapolis.
I do have to give kudos to 2 of the staf£ The MGR, (Margie) and one of the night shift staff, (RASHAY sp?) were
great. They were very understanding and very helpful but knew they were fighting an uphill battle.
• This TripAdvisor Member:
o Liked Price and TV
o Disliked IYs a haven for drug and prostitution activity.
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� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 14, 2008
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS