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08/12/2002 - 4755AGENDA FOR PUBLIC REFERENCE CITY COUNCIL MEETING AUGUST 12, 2002 � � �� � � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2002 7:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/Ni NAMF, AflflRFSS AN� /T�M NUMBFR YOU ARF /MTFR�STFO /M. � � � �, Y , � � � . � �� � � �� �� � . ��' �+ ���`�� ��� / ��w� �`�- �� �r�'� � s� , � fi r.�� ,. ���� � `� ��, '. � 7� =5� �� ,, ;�< � .... �:: . 'r .. ;,�:/�// .......... >.�,..�, i .. ... °'. ,r,'�, � �` ••,.�;,,,a� . ��..,�v�'. ` �� a . � � ,,, �'i.T...J, ' .. : � ..'. , ..�,., ���. . �' ' , .�• `� rc � � ` � ��� �- � � .� � / ,� � �� �rr r� ���-v � �c��^-- �,G l, ��^ S v p � h G�o,� � /j� �' /�� �, ord, �. 0 � i CITY COUNCIL MEETING OF AUGUST 12, 2002 QTY OF FRIDLEY The City of Fridley will not discriminate against or hazass 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 regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) �- PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 22, 2002 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of July 17, 2002 � ................................................................................. 1 2. Resolution Authorizing the Execution and Delivery of a Joint Powers Agreement with the City of Minneapolis to Assist with Security for the IACP Conference from October 4 to October 9, 2002 - .............................................. 7 FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: � Commons Park Parking Lot Phase I Reconstruction � Project No. 348 ................................................................................................ 14 - 15 . 4. Approve Change Order No. 1 to Street Improvement � (Sealcoat) Project No. ST. 2002 —10 .............................................................. 16 - 18 5. Approve Change Order No. 2 to Sewer Lining Project No. 345 19 - 21 ................................................................................................ 6. Claims ....................................................................................................... 22 7. Licenses ....................................................................................................... 23 - 30 � . 8. Estimates ....................................................................................................... 31 - 36 � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2002 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 9. Public Hearing on a Zoning Text Amendment, ZTA #02-01, by the City of Fridley Amending Chapter 205, Sections 205.17, 205.18, 205.19, 205.20 and 205.25 Related to Outdoor Storage in Industrial Districts ................................................................................ 37 - 45 10. Consideration of an Off-Sale 3.2% Malt Liquor License for 4 Corners Gas & Convenience, Inc., Located at 1301 Mississippi Street N.E. (Ward 2) ...................................................................................................... 46 - 47 NEW BUSINESS: 11. Motion to Approve StafPs Recommendation ' on 62"d Way Maintenance Issues ...................................................................... 48 — 49 12. Informal Status Reports ..................................................................................... 50 ADJOURN. i t- - ., �._o le-e✓ �`s� '° � FRIDLEY CITY COUNCIL MEETING OF A UGIIST 12, 2002 rnir oF FRio�r T'he 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, accommodarion will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Approve Change Order No. 2 to Sewer Lining APPROVAL OF PROPOSED CONSENT AGENDA: Project No. 345 ............................... 19 - 21 APPROVAL OF MINUTES: ��I� � f�� City Council Meeting of July 22, 2002 �l -: - NEW BUSINESS: 1. Receive the Minutes of the Planning Commission ��p' Meeting of July 17, 2002 .................. 1- 6 � r �sa-.�� �0_ sL�°���- ,��� � �no 2. Resolution Authorizing the Execution and Delivery of a Joint Powers Agreement with the City of Minneapolis to Assist with Security for the IACP Conference from October 4 to October 9, 2002 .................................. 7 -13 3. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Commons Park Parking Lot Phase 1 Reconstruction Project No. 348 ............................... 14 -15 4. Approve Change Order No. 1 to Street Improvement (Sealcoat) Project No. ST. 2002-10 ................................... 16-18 6. Claims 7. Licenses 8. Estimates ................................ 22 ..............................:. 23 - 30 - ................................ 31 36 ADOPTION OF AGENDA. S�I�C lT�19" OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARINGS: �. � /r� � �u�z� �Q �5����9. Public Hearing on a Zoning Text Amendment, � ZTA #02-01, by the City of Fridley Amending Chapter 205, Sections 205.17, 205.18, 205.19, 205.20 and 205.25 Related to Outdoor Storage in Industri Districts ................ r3y7 - 45 �.�� �- /s / s���� �° �,�� ��� � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2002 PAGE 2 PUBLIC HEARINGS (CONTINUED): S �3 j�.� °'� ��� �S 10. Consideration of an Off-Sale 32% Malt Liquor license for 4 Corners Gas 8� Convenience, Inc., Located at 1301 Mississippi Street N.E. (Ward 2) .................................. 46 - 47 �� /��e CIDS-� �',° �!' ��� � �,r, NEW BUSINESS: 11. Motion to Approve StafPs Recommendation on 62"d Way MaintenanceL Issues .. ... 48 — 49 �,� � j�� C�l�✓1 r'�.e� �i'1�I '/ ��w�c.-i � c��� ��J�s �� �� S� � 12. Informal Status Reports ..................... 50 ADJOURN. �- THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 22, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 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 Barnette, CouncilmEmber Billings, Councilmember Wolfe and Councilmember Bolkcom. �- MEMBERS ABSENT: None. PROCLAMATIONS: Certi�cate ofAppreciation to Suzanne Holm. Mayor Lund stated that this certificate of appreciation was being presented to Suzanne Holm from the City of Fridley for her outstanding effort and volunteer service in making the City of Fridley a beautiful and better place in which to live. Mayor Lund stated that planting and caring for the flower gazden in Madsen Pazk has been a wonderful addition to the City's park system. The City wished to recognize her for the 13 yeazs of service she has given to the community. Ms. Holm thanked everyone and said it was a lot of fun and a great honor. She would like to encourage someone to take over one of Fridley's welcome signs individually, as a group or as a business. Mayor Lund stated that they have been looking for people to maintain the signs but have been unsuccessful. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as presented. _ Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 2 APPROVAL OF MINUTES: City Council Meeting of July 8, 2002 APPROVED. NEW BUSINESS: 1. RESOLUTION APPOINTING ELECTIONS. NO. 40-2002 DESIGNATING POLLING PLACES AND ELECTION JUDGES TO THE 2002 PRIMARY AND GENERAL Mr. Burns, City Manager, stated that we were very fortunate this yeaz in having a lot of applicants for the election judge positions. Staff recommended Council's approval. APPROVED RESOLUTION NO. 40-2002. 2. RESOLUTION NO. 41-2002 ORDERING PRELIMINARY PLANS, SPECIFICA- TIONS AND ESTIMATES OF THE COSTS THEREOF: MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2003 - 1: Mr. Burns, City Manager, stated that this project includes portions of 53`d Avenue, Buchanan Street, Fillmore Street, Taylor Street, Pierce Street, Skywood Lane, and Skywood Court. The project includes corrections of problems with the street base, resurfacing, installation of concrete curb, and gutter, and repairs to existing water, sanitary and storm sewer systems as required. The project was reviewed by 25 people representing 20 properties at a neighborhood meeting on June 4. Staff explained the project to those present and pointed out that there would be an assessment for the cost of the concrete curb, and gutter. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 41-2002. 3. RECEIVE BIDS AND AWARD CONTRACT FOR THE 57� AVENUE SA1vITARY SEWER IMPROVEMENT PROJECT NO. 346: Mr. Burns, City Manager, stated that four bids were opened on June 17. The low bidder was Park Construction in the amount of $259,767.92. Since this project is an eligible t� increment financing expense for the Medtronic tax increment financing district, the cost will be reimbursed by the Fridley Housing and Redevelopment Authority from t� increment revenues. Staff recommended Council's approval. RECEIVED BIDS AND AWARDED CONTRACT FOR THE 57� AVENUE SANITARY SEWER IMPROVEMENT PROJECT NO. 346 TO PARK CONSTRUCTION. t- FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 3 4. APPROVE METROPOLITAN ENVIRONMENTAL PARTNERSHIP GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this agreement accompanies an$88,807 Metro Environmental Partnership Grant from the Metropolitan Council. It serves as part of the cash required to meet the local match for the MPCA Clean Water Partnership Grant that we will be using to support the Springbrook Nature Center Water Quality Project. By signing the agreement, we agree to follow the elements of the work plan already approved. Staff recommends Council's approval. APPROVED. 5. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AND ENERGY t- COMMISSION: Mr. Burns, City Manager, stated that staff recommended the appointment of Anne M. Andrews to the City's Environmental Quality and Energy Commission. APPOINTED ANNE M. ANDREWS TO THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION. 6. CLAIMS: APPROVED CLAIM NOS. 106268 THROUGH 106500. 7. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 8. ESTIMATES: APPROVED THE FOLLOWING ESTIMATES: Ron Kassa Construction 6005 — 250`� Street E Elko, MN 55020 2000 Miscellaneous Concrete Repair Project No. 344 Estimate No. 2 $ 17,505.60 FRIDLEY CITY COUNCIL MEETING OF JULY 22, Z002 PAGE 4 Lametti & Sons 16028 Forest Blvd. N. Hugo, MN 55038 Sanitary and Storm Sewer Lining Project No. 345 Estimate No. 2 $ 45,487.90 W. B. Miller 6701 Norris Lake Road N. W. Elk River, MN 55330 2002 Edge Water Neighborhood Street Improvement - Project No. ST. 2002 —1 � - Estimate No. 2 $ 32,193.60 ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the agenda as presented. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Councilmember Bolkcom stated that they received letters from State Representatives Barb Goodwin and Connie Bernardy. NIr. Burns did try to reach Representative Goodwin. Representative Goodwin has, unfortunately, broken her ankle and was not able to speak to him. MOTION by Councilmember Bolkcom to receive the letter from Representatives Goodwin and Bernazdy dated July 18, and a letter from Representative Bernardy dated July 17. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Mazlene Gibson, 190 - 62"d Way, stated that the letter she received from the City of Fridley stated that the City was approached about the joint driveway on 62"d Way. It states there is no evidence that the driveway was installed or intended to be maintained by the City. There aze several instances of joint driveways like this around the City and the City does not participate in maintenance of these driveways. Therefore, this is seen as a special service outside the scope of the City's duties and will not be continued. A joint arrangement for snowplowing services is needed next winter including any other maintenance in the future. It was signed by Jon Haukaas the Director of Public Works. She said the street was dedicated in 1956 and there is nothing on FRIDLEY CITY COUNCIL MEETING OF NLY 22, 2002 PAGE 5 the abstract of her home to let her know that the street in front of her house is a driveway. She would not have purchased this home if she had been aware of that. She would have to shovel snow from 60 feet of street. She asked why the City did not give prior notice that this was no longer a street. Ms. Claudia Potasek, 310 - 62"d Way, stated that she lives next door to Ms. Gibson and feels the same way she does. They have not been given the information they have requested so far from the City regarding ordinances, policies, or procedures of changing the street to a shazed driveway. She said they have asked for examples of streets that the City has maintained for numerous years and discontinued service while there were still houses on them. They have asked for legal forms stating that 62"d Way is anything other than a street. They have asked for examples of homes at the end of the right-of way with a neighbor between the home and the maintained streets. By declaring this street a driveway, the City is denying them free and clear access to a City street. This affects their ability to get insurance and to sell their home. They �- feel their rights have been taken advantage of. They have signed a letter requesting that the City of Fridley continue to maintain, snowplow, and show on City of Fridley street maps, the westem portion of 62"a Way in front of the Gibson and Potasek properties as the City has done for 45 years. They are asking for a response by July 25, 2002. This letter has been signed by Ms. Gibson, Mr. Potasek and herself. MOTION by Councilmember Bolkcom to receive the letter dated July 22. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that they will respond to the questions presented at the Council meeting. Mr. Greg Potasek, 310 - 62"d Way, stated that he lived on the street when it was originally graded and paved and the original plot map was made. He said 62"d Way was built as a dead-end street at 25 feet wide from East River Road to the end of their property. Riverview Terrace was plotted in December of 1958 and the City approved it coming to about 80 feet from the end of 62"d Way which made a piece of street. This street has been on the official street map of the City of Fridley. He requested that this document which comes from the City of Fridley Engineering Department, signed by the former Public Works Director, indicating that the section of street in question has evidence of it being a street be reviewed by Council. Citizens of Fridley are deeply affected by these decisions and the cost of a few dollars for snowplowing or maintenance of a small section of street which belongs to the City, is a small price to pay for the safety, security, and enhancement of life for the citizens of Fridley. Councilmember Billings asked what the City has been snowplowing. Mr. Potasek stated that the City has plowed the street portion for 45 years. He has seen them plow 62"d Way, the street. When he called the City on it, the City plowed the 62"d Way portion, and swept the sand. The western portion has been maintained by the City. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 6 Councilmember Billings asked where the snow is stacked. Mr. Potasek stated that there is 88 feet in that section and there is 66 feet available to sta.ck the snow. If that is not plowed, the snow from Riverview Terrace and 62"d Way would be pushed into that area for them to shovel out. That portion of snow is pushed onto the area just off the pavement. Councilmember Billings stated that the snow is not pushed to the west. Mr. Potasek stated that it is not pushed to the west, but to the south. Councilmember Billings stated that plows typically push the snow in front of them. Mr. Potasek stated that there are other methods of moving snow in the City with different t devices. Councilmember Billings asked how deep the snow is typically at the end of his driveway. Mr. Potasek stated that it depends on how much snow is pushed in there. At times there is. Councilmember Billings stated that it sounds like the City plows the snow that accumulates in the driveway that they do not plow out from the other 5,000 homes in the City. Mr. Potasek stated that is not true. He cannot answer the question because it depends on the amount of snow. Councilmember Billings asked how often the blue van gets moved that is pazked there. Mr. Potasek stated that he has called the City about parking on the street. He was told May 1 by the City. Councilmember Billings stated that the ordinance of Fridley states that vehicles cannot be pazked on streets for more than 24 hours at a time. Mr. Potasek stated that he is aware of that. He will move it from there if you wish. Councilmember Billings asked how he could say it is a city street and then use it like his own personal driveway. y Mr. Potasek stated that City staff told him that May 1 is the first time you could park on the . street. In the fall, he moves it completely off the street. Councilmember Billings stated that he is not asking him to do anything. He is asking him if he understood the laws. r FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 7 Mr. George Arnold, 6201 R.iverview Terrace, stated that plows have come around the corner from the road by his house. The residents have to shovel snow out of there that the City has put in there, or they cannot get through. The City has used trucks, graters, and loaders to push the snow further south off the street. This really affects the residents of 62°d Way. Mayor Lund stated that is not inconsistent with other streets. Councilmember Billings asked if the City plows the whole thing from north to south, or just plows the south half. Mr. Arnold stated that they come from 62"d Street and go up Riverview Tenace. Sometimes they come from the other side and go past Mr. Harris' lawn and past the driveway and the road that goes up into there. Later they come back with a front-end loader or grater and push the snow further south off of the street. � Councilmember Billings asked if they plow the whole width of blacktop, not just the south half. Mr. Arnold stated that was correct. Mr. Richard Harris, 6200 Riverview Terrace, asked if the curb work for the upcoming overlay was all done. He asked if all that was left to do on 62"d Way was the overlay. Mr. Haukaas, Public Works Director, stated that all the curb work is done. They may have to do one more piece because of a manhole that is at the end of the driveway. Mr. Harris stated that the manhole has been protruding for 3 years and still has not been fixed. Councilmember Barnette asked if there were plans for this piece in dispute to be blacktopped. Mr. Haukaas stated that there were not. NIr. Harris stated that he is going to pay for a contractor to do it. NIr. Haukaas stated that the City has no plans to do it. Councilmember Billings stated that he suggests that Mr. Harris hold off paving it until this issue is resolved. He asked who plowed the north half of the street. Mr. Harris stated that he and his family do. When he is in Florida, he does not know who does it. The City usually plows the center section of the road to get the school bus through, and then the rest of the area near the curbs are plowed. The plows come to clean the corners. It takes them probably not over 5 minutes. Councilmember Barnette stated that after plowing the snow in that area there would be snow in the driveway. He asked if the residents would have to clean that out themselves. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 8 Mr. Potasek stated that if an emergency vehicle tried to get in, they would have extreme difficulty due to the hill. The snow would have to be removed first. If the City takes a front-end loader in a timely manner and moves it, then it is cleaz. If the snow is very heavy, they do not try and go through until it has been plowed out. Councilmember Barnette stated that plows build up the snow on his driveway and he has to get out there again and clean it out. Mr. Potasek asked how wide his driveway is. Councilmember Barnette stated that it is about 20 feet. Mr. Potasek stated that this is about a 50-foot radius and much larger than a driveway. It is 88 feet from his driveway and they have to plow 88 feet upstreet to get through the area. Ms. �- Gibson waits and someone helps her. Councilmember Bolkcom asked Mr. Haukaas if there is an ordinance about which streets aze plowed and how they aze plowed. Mr. Haukaas stated that there is a snowplow policy approved each fall. It is not an ordinance. It describes how operations are done. Councilmember Bolkcom asked if there was a policy or ordinance on how City streets are maintained. Mr. Haukaas stated that they have a mission statement to do their best to keep them passable and in the best condition they can with the resources they have. There is not a long involved policy regarding street maintenance. We identify by policy what our objectives are, but there is no ordinance. Councilmember Bolkcom stated that staff could provide the Potasek and the Hazris families with this policy in a timely manner. She asked what the policy was for street reconstruction. Mr. Haukaas stated that they have taken street condition ratings since 1981 or 1982 in a GIS format and can make an overall rating. The ratings are done every two to three years on every street in the City. There are seven different conditions and from that they get an average rating. 'They map out where the worst rated streets aze and group them based on a project size of 1 to 1.5 miles. Projects aze rotated through the wards with a seven-year plan in mind. Next year's project will be in Ward 1. The yeaz before a project is started a neighborhood meeting is held. Public hearings will be held before finalization and they have an idea what the assessments will be. Construction begins the next spring. Councilmember Bolkcom stated that 62"d Way was not in the plans this year. She asked why it went forward. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 9 Mr. Haukaas stated that they decided to do it this year because Anoka County is doing a project on East River Road. This will be part of Anoka County's contract and we will be reimbursing them for a portion of the construction cost. Councilmember Bolkcom asked if an informal neighborhood meeting was planned. Mr. Haukaas stated that it was. Councilmember Bolkcom asked if that was when Mr. Harris brought up the question on whether the portion of the road in dispute was going to be done. Mr. Haukaas stated that was conect. Councilmember Bolkcom asked if Anoka County has awarded the contract yet. z� NIr. Haukaas stated that it is currently up for bids. Councilmember Bolkcom stated that we are looking at sometime in August because East River Road will have to be done first. Mr. Haukaas stated that was conect. Hartman Circle needed work also. The catch basin and utility work has to also be done prior to this project. Asphalt will not go into this area until late August or early September. Councilmember Bolkcom stated that we do not need to know about the disputed azea within the next week. Mr. Haukaas stated that was correct. Councilmember Bolkcom stated that in 1969, there was a public hearing and the road was reconstructed. She asked if some of the people present paid any assessments at that time. Mr. Haukaas stated that was correct. Councilmember Bolkcom asked if a street is reconstructed and a portion is no longer going to be part of the street, how it was communicated. NIr. Haukaas stated that the construction plans for the 1969 project identify a City street by the placement of the curb. Their curb was realigned, made less sharp. There were several meetings regarding that. The resolution by the City Council to approve this project as it was presented is what changed the alignment on the street. Councilmember Billings asked when the word "street" was referred to, if they were both referring to the traveled portion of the roadway. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 10 Mr. Haukaas stated that it is the improved portion between the concrete curbs. There are different lengths of right-of-way all throughout the city. Councilmember Bolkcom asked what the legal document would be if anyone wanted to know the right-of-way versus the street. Mr. Haukaas stated that the boundary is the property lines. To know for sure you need a survey. Right-of-way widths and street widths can be inferred to as to approximately where they are. Without having a survey, they cannot determine how wide the boulevazd is. Councilmember Bolkcom asked what people could review at the City. Mr. Haukaas stated that there are half-section maps and plats for each individual subdivision. They give the legal description or sizes of the parcels. -� Councilmember Bolkcom asked if surveyors would use the same plat. Mr. Haukaas stated that they would. Councilmember Bolkcom asked Mr. Knaak if the legal document would be the plat. Mr. Knaak, City Attorney, stated that it would. The dedicated easements aze held by the City in trust for the purpose of roads. The other property owners own their property subject to that public easement. Councilmember Bolkcom asked if the plat would change if the street is reconstructed. Mr. Haukaas stated that it would not. Councilmember Bolkcom stated that Mr. Potasek mentioned the official street maps. She asked how that compared to the plat. Mr. Haukaas stated that the street map Mr. Potasek brought in was last updated in 1991. T'here aze a lot of inconsistencies in that map and it is no longer used. It is not a street map, but a general representation of the layout of Fridley. Councilmember Bolkcom stated that examples were given in his letter. Mr. Haukaas stated that he has several aerial photographs with the plat overlay, but not all of the ones on that list. He has several examples of the exact situation. Mr. Burns stated that the Woodside Court example is very appropriate in this case. Mr. Haukaas stated that as shown on the aerial photograph, prior to street reconstruction, NIr. Potasek's driveway went to the south. The reconstruction changed the alignment of the curb and made those driveways slightly longer. A portion of the half-section map shows the eastern part FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 11 of Fridley at Central Avenue with Rice Creek Road through the middle. There is a portion where Arthur Street comes down to Camelot Lane and makes a 90-degree turn. The new house constructed a few years ago with the driveway off the corner along the 1/2 right-of-way that eYtends down to Rice Creek Road that has never been constructed is a platted right-of-way. We only plow the street between the curbs. Councilmember Wolfe stated that it was never a road. Mr. Haukaas stated that was correct. Councilmember Bolkcom stated that the question is whether it is a road now or not. Councilmember Wolfe stated that we do not plow the woods off of Briardale because there is not a road there even though at one time there was supposed to be one. � Mr. Haukaas stated that it is the same comparison, anything that was paved by the City or on City property, the right-of-way is street. Our argument is that this is not the case. Councilmember Wolfe stated that this is not the same, because that road came down and curved from the beginning. Mayor Lund asked if it automatically made it a road since there never was any asphalt. Mr. Haukaas stated that Woodside Court is off the cul-de-sac for Rice Creek Drive, and is a platted right-of-way going to the east. This driveway comes into the right-of-way and then down into the cul-de-sac. He maintains the entire stretch, we maintain the cul-de-sac only. Councilmember Bolkcom asked if there was a question about this ever being extended and if there were buildable lots. Mr. Haukaas stated that one lot could be split into eight properties and would require that Woodside Court be connected through and utilities extended through. Councilmember Wolfe stated that the driveway of the Woodside Court property is thin and the owner has maintained that. If the City ever did build a road there, the driveway would then be 30 feet long at maximum. Now it is about 100. Mr. Haukaas stated that it is a driveway that goes across the City right-of-way. Councilmember Wolfe stated that if they ever split those lots and the City made a road, the road would go through to where that other road comes out at Benjamin. Mr. Haukaas stated that was correct. Councilmember Bolkcom stated that if we put a road straight down 62"d and went out to the river it would be similar. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 12 Mr. Haukaas stated that 62"d Way at Riverview Terrace was not originally put in by the City. With the reconstruction in 1969, the portion to the west would have been overlaid to align it with a City street. Councilmember Bolkcom asked if it would be similar to Hickory and Rice Creek Way. Mr. Haukaas stated that is realignment of that intersection. It will make two properties have more boulevard. There will also be new curbs and street. Councilmember Bolkcom asked if it would change the driveways at a1L Mr. Haukaas stated that it would not due to the fact that they do not come right out at the corner. Councilmember Bolkcom stated that Chesney Way off East River Road is plowed to the end because snow is stored there. It is not similaz to this property because the driveways all come out on the south side of Chesney Way. Mr. Haukaas stated that it is not similar. Councilmember Bolkcom asked about 60`�, Benjamin, and 69�' east of the railroad tracks, Ely Street, Longfellow, and Liberty. They aze all dead end streets where snow is stored. There is no road to curve into another one like 62"d curving into Riverview Terrace. Mr. Haukaas stated that those are standard curbed, dead-end streets that aze plowed to the end and piled at the end. Councilmember Wolfe asked if he had any information on Oakley, Ashton or other examples. Mr. Haukaas stated that those are examples of unconstructed right-of-ways with some driveways off of corners or near the corner. He was not sure if a portion of Ashton is plowed. Mr. Burns, City Manager, stated that it was decided that Oakley was a dead-end street. Mr. Haukaas stated that at Pierce and 66`�, the corner at Channel Road is a platted half right-of- way with a driveway coming off the comer. Ms. Goodwin may have been referring to this, but the only improved street is Pierce to the corner and 66�'. We only plow the improved street. 66�' has a driveway going to the north off the corner of that and we only plow between the curbs on the corner. Councilmember Wolfe stated that there was never a road built to the west near there. Mr. Haukaas stated that there are sanitary lines through that portion. Mr. Potasek stated that many of the examples Mr. Haukaas has shown are nonexistent because they are to be built in the future. Their road was built in 1956. He asked how that compared. �- FRIDLEY CITY COUNCIL MEETING OF JULY 22. 2002 PAGE 13 Councilmember Wolfe stated that if the road is not there, how can we compare it to what is there? He asked why they would pay assessments on something that now does not exist. l�Ir. Haukaas stated that in 1969 there was a slightly different policy on assessments and it included side yards. Now we only do front footage. It takes something into account for flag lots. The assessment that went to the Potasek's property would have been considered a side lot assessment. Councilmember Bolkcom stated that construction assessment similar to the triangular lot on Riverview Terrace where there was no front footage but they split the assessment between them. Mr. Haukaas stated that is correct. � Councilmember Bolkcom stated that there is nothing in the minutes from 1969 to say that anyone disapproved of the assessments. She asked what was the legal document. Mr. Potasek stated that he does have the official plot maps from the County of Anoka registered by the City of Fridley. These are certified plot maps of 62nd Way, Schultz's Addition, Julianne Addition, and Potasek's Addition. 62°d Way was dedicated by the City of Fridley and has never been changed by the City of Fridley in the records at Anoka County. Councilmember Billings stated that we do not disagree with the fact that there is a 25-foot dedication for roadway purposes. Mr. Potasek stated that is what we aze talking about. Councilmember Billings stated that the question we are discussing is that it is not an improved street we should be maintaining. There are locations all around the City with right-of-way land that is set aside for roadway purposes that are currently not being used for roadway purposes. Some of them have driveways, some do not. Councilmember Wolfe asked if this was different because at one time the City of Fridley considered that to be an approved roadway because it was paved. Allegedly there have been sealcoatings and overlays here but they were not only done on the right-of-way for 62"d Way but also done on a portion of the driveway of the property of the owner just north of this right-of-way which is property that is not dedicated as a right-of-way. He cannot figure out why this area was maintained by the City for so many yeazs. We cannot maintain private property. We need to stop doing this. If Council disagrees with staff and agrees with Mr. Potasek that this is an improved travel portion of roadway, then it should be brought up to current standards and plowed like every other street in the City of Fridley. If Council decides it should not be a traveled portion of the roadway, it should be turned over to Mr. and Mrs. Potasek to use as their driveway. A third option is to vacate a portion of this right-of-way so it does become Mr. and Mrs. Potasek's driveway. Councilmember Bolkcom stated that she has not heard anything that has changed her mind. We cannot take any action until we can discuss this with Representative Goodwin. Our City Attorney FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 14 states that we have made the proper decision. She believes it is the right decision but is willing to listen to more comments and questions. Mr. Knaak stated that if you are going to go beyond the stated time limit for open forum, you need to take affirmative action to extend the time for open forum. Councilmember Bolkcom stated that it has not been the policy in the past. Mayor Lund stated that he felt that this is a unique situation and as long as discussion progressed and moved in a civil manner, he allowed it. If we are going to extend this past 15 minutes, as we have, there should be a motion to extend the open forum. MOTION by Councilmember Bolkcom to extend the time of the open fonun. Seconded by Councilmember Barnette. -� - UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that plat records show alignment of a right-of-way, not a street. He said he would like to have an additional meeting, if appropriate, after responding to questions. Councilmember Bolkcom stated that the question she felt that needed to answered was whether or not we had an ordinance or policy regarding this matter. She asked what the next step was. Mayor Lund stated that the proper procedure would be to advertise for a meeting and then have a discussion item on the agenda. Councilmember Bolkcom stated that it would be on the August 12 agenda if there is an action item. Mr. Knaak stated that it would ordinarily be a request for an action item at the next available Council meeting. There is no obligation to respond, and it is under Council's direction. Mr. Potasek stated that with respect to the original June 6 letter sent by Mr. Haukaas, the question would be if the City would rescind that letter. Mayor Lund stated that to rescind the letter goes hand in hand with his request here. Mr. Potasek stated that letter was sent without a Council meeting. Mayor Lund stated that if he wants them to take a formal position on his request, he would deem it appropriate to have it as an item on the next Council meeting agenda. At that time, Council will review a formal request to continue to maintain or not to maintain it. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 15 Councilmember Bolkcom stated that staff is directed by Council via the City Manager to send out letters. It would not necessarily need a motion or agenda item to send the original letter out or to send out a letter that confirms or reaffirms. Mr. Potasek stated that portion of the letter to a�rm or rescind could be done at a Council meeting. Councilmember Bolkcom stated that she is not sure of Mr. Potasek's original request. Two weeks ago, there was no action item in front of Council and there still is not. Mr. Burns stated that based on testimony heard, Council would have the ability to approve a simple motion at the next meeting regardless of any letter that previously had been written on behalf of the Council stating Council's position on this street issue. � Mr. Knaak stated that on behalf of the City, if someone disagrees with something and requests an action item, they are looking for an affirmative act on their part. Council must respond to the request for a decision for a review. It is no longer in the hands of staff. Councilmember Bolkcom stated that there will be an agenda item on August 12. There should not be any separate meetings with part of the Council. Any other information should be shared with all Councilmembers. We could invite Representative Goodwin. Mayor Lund stated that he agrees. Mr. Potasek asked if Representative Goodwin and Representative Bernazdy could get together with individuals to discuss this. Councilmember Bolkcom stated that Representative Bernardy feels that it is actually Representative Goodwin's area of representation. Mr. Potasek stated that Representative Goodwin's broken ankle could change that. Councilmember Bolkcom stated that Mr. Burns will contact them. She said that this item will be on August 12 City Council meeting agenda. Mr. Harris asked if he could buy a copy of the videotape. Mr. Burns stated that he could. Councilmember Billings stated that staff made a determination and sent a letter to the property owners. The property owners disagreed with that determination and much discussion has taken place in the last several weeks. The City Council has not taken a position on whether or not this is an approved street or not. That is what we are trying to do is gather the information so we can make a reasonable decision as to whether or not this is an improved roadway. The right-of-way exists for an improved roadway. Council has to make the determination. One of our State �- FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 16 Representatives does not understand how our process works and has asked us to make a decision prior to this meeting. We cannot do that. Council has not made a determination Mayor Lund stated that he appreciates everyone's time. 9. INFORMAL STATUS REPORTS: Councilmember Barnette asked if Highway 65 was going to be discussed after the meeting. Mr. Burns, City Manager, asked if it was critical that this was discussed. Mr. Haukaas, Public Works Director, stated that it is not critical to be discussed at this time. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JULY 22, 2002, CITY COITNCIL MEETING ADJOURNED AT 9:43 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor t- 0 � CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 17, 2002 CALL TO ORDER: Chairperson Savage called the July 17, 2002, Planning Commission meeting to order at 7:30 p. m. ROLL CALL: Members Present: Dean Saba, Barb Johns, LeRoy Oquist, Brad Dunham, Dave Kondrick Members Absent: Larry Kuechle, Diane Savage. Others Present: Scott Hickok, Community Development Director Darwin Voigt, 6750 Main St., Fridley APPROVE THE APRIL 17 2002 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Oquist, seconded by Ms. Johns, to approve the April 17, 2002, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARtNG: Consideration of a Zoning Text Amendment, ZTA #02-01, by the City of Fridley, to repeal and replace sections of Chapters 205.17, 205.18, 205.19, 205.20, and 205.25, relating to outdoor storage in the M1, M2, M3, M4, & S3 Industrial Districts. MOTION by Mr. Saba, seconded by Ms. Johns, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Mr. Hickok stated that this ordinance amendment relates to the outdoor storage in the industrial districts. Staff is requesting consideration of changi�g code requirements related ta the number of industrial property owners that are illegally storing goods outdoors. Systematic code enforcement in late 2001 revealed this problem with numerous industrial property owners. Staff determined that the City ordinance should be reviewed. This year's Council Commission survey sought input from the Commissions and the City Council on this issue. Survey results showed that there was no support for drafting new legislation that would allow some outdoor storage subject to screening requirements and obtaining a special use permit. The survey responses were verified at a joint meeting earlier this year on April 15. In developing the proposed ordinance, staff examined several different options based on other cities' regulations on outdoor storage. Mr. Hickok stated that: ■ Blaine has limited outdoor storage allowed with a conditional use permit, the equivalent of our special use permit, limited to a maximum of 50% of the total building footprint and must be fully screened from any public right-of-way with a maximum of 12 feet in height. 1 -� - PLANNING COMMISSION MEETING, JULY 17, 2002 PAGE 2 ■ Brooklyn Park's outdoor storage is altowed through a conditional use permit in the heavy and general commercial districts. Outdoor storage is not allowed in light industrial districts. • Columbia Heights' outdoor storage is allowed as an accessory in the commercial or industrial commercial districts. It must be located in the side or rear yard and screened from adjacent uses or the public right-of-way. • Coon Rapids' outdoor storage is allowed in the industrial districts and must be located in the side or rear yard and screened where practical. ■ Inver Grove Heights' outdoor storage is allowed through a conditional use permit and must be screened from residential properties. ■ Mounds View's outdoor storage is allowed through a conditional use permit in its industrial districts and must be screened from the public right-of-way in the light industrial districts. However, there are no requirements for screening in the heavy industrial districts. ■ Osseo allows outdoor storage through a conditional use permit in its industrial district and highway commercial district. It must be fully screened from adjoining properties. "� - ■ Bloomington allows outdoor storage through a conditional use permit and its special limited and special general industrial districts. It is limited to an area not larger than 50% of the ground coverage of the principal building and must be located in the side or rear yard not abutting a public street. Mr. Hickok stated that Fridley's current regulations allow outdoor storage in the M1, M2, M4, and S3 zoning districts through a special use permit process. If the items being stored are incidental to the business, and if the items being sto�ed are not, it has other consequences. Incidental storage means that the storage is temporary in nature. and short term storage is not required as an on-going part of the business. The confusion is that defining temporary and determining whether or not the item is required as part of the business. It becomes cumbersome and difficult for inspection by staff. The ordinance proposed would allow up to 50% of the footprint of the principal building. Mr. Oquist asked if the building was split into 5/10 and is 2,000 sq. feet, is each tenant allowed 50% of 2,000? Mr. Hickok stated that at no point could the outdoo� storage area exceed the 50% mark of the overall building, and it is really up to the building management to determine if someone gets all of those uses, or if it is broken up equally among the tenants. Mr. Hickok stated that, currently, that is storage of materials equipment, or motor vehicles incidental to the principal operation or use except under the following conditions: 1. Motor vehicle storage is conducted as provided in Section 205.1707. One of the City's least favorite ways to draft an ordinance is to keep sending folks to another direction. 2. Materials, motor vehicles, and equipment are kept in a building or fully screened so as not to be visible from residential district or residential district across form a public right-of-way, and a public park adjacent to the use for public right-of-way adjacent to the use. 3. Materials, motor vehicles, and equipment stored outside do not exceed 15 feet in height and screening materials are provided as in another section. Mr. Hickok stated staff believes there is a cleaner way of doing this, and the amendment proposed integrates this language into a new ordinance format that makes it better for the user and better for staff to interpret and enforce. In the light industrial district, uses permitted with a special use permit would be adding language saying that limited outdoor storage shall satisfy the following requirements and other stipulations being necessary due to site conditions: A. Outdoor storage area is limited to a maximum size equal to 50% of the principal building. This area must be designated on the site plan submitted with the special use permit � 2 PLANNING COMMISSION MEETING, JULY 17, 2002 PAGE 3 application and must be located in the side or rear yard with the materials and equipment kept in the designated outdoor storage area and must be fully screened so not to be visible from a residential district adjacent to the use, a residential district across from the public right-of-way, and public park adjacent to the use, a public right-of-way including railroad right-of-way adjacent to the use or any commercial use adjacent to the use. Screening of the outdoor storage area shall be achieved through a combination of masonary walls, fencing, berming, and landscaping in accordance with. That is sent to another section but is universal to all of the sections so that they can see that there is a uniform standard. The materials and equipment stored outside must not exceed 12 feet in height. Outdoor storage area must be City approved hard surface and bound on the perimeter by concrete, curb, and gutter. The special use permit of limited outdoor storage shall not permit the outdoor storage of semi trucks, semi trailers, or heavy construction equipment. Hazardous chemicals and materials are prohibited for being stored outside, the outdoor storage shall not effect the required amount of parking stalls needed on this site, the location and types of materials to be stored are to be reviewed by the Fire Marshall. � Mr. Hickok stated that the language is the same in 205.18. Section 205.19 is regarding the M-3 district. The M-3 district is a little different, because in 1993 when it was created, there were some discussions about the need for outdoor fences in the industrial district. The M-1 and M-2 districts allow outdoor storage that is incidental to the principal use, basically saying that if it is required, you better build a building around it. The M-3 district language required a special use permit if they had incidental outdoor storage. If they had required outdoor storage they could do it by right. That was not the intent of staff and Council, but staff decided it was not exactly as it was meant to be designed or enforced. Mr. Hickok stated staff is asking that M-3 require the outdoor storage of materials, motor vehicles, or equipment including the outdoor manipulation of materials and motor vehicles equipment under the following conditions. ■ The materials and equipment must be fully screened so not to be visible from the residential district to the use of the residential district across form a public right-of-way, a public park adjacent to the use, a public right-of-way including railroad right-of-way and any commercial use adjacent to the use. ■ The screening of outdoor storage shall be achieved through a combination of materials and equipment stored outside must not exceed 15 feet in that district. ■ Outdoor storage of motorized vehicles must be on City-approved hard surface, curb, concrete, and gutter. ■ Hazardous chemicals are prohibited for being outside and the location of the types of materials to be stored are to be reviewed and approved by the Fire Marshall. ■ Telecommunications towers and wire�ess telecommunications facilities are to be still with a special use permit. Mr. Hickok stated Section 205.20, Manufacturing Only, is a district created in 1997 with rapid industrial development. Use� with the special use permit would be allowed limited outdoor storage and that language will look the same. To satisfy the following requirements, 50°/a of the principal footprint of the building and through a special use permit with all of the screening requirements adjacent to the uses that you have seen. Outside materials and equipment shall not exceed 12 feet and should be on a hard surface surrounded by concrete, curb, and gutter. The special use permit for outdoor storage shall not permit semi-trucks, semi-trailers, or heavy construction equipment. It will not allow hazardous chemicals or materials and the outdoor storage shall not effect the required amount of parking needed and materials stored outside shall be reviewed and approved by the Fire Marshall. Mr. Hickok stated that in 205.25, the S-3; Heavy Industrial District, was an overlay done after the creation of the M-4 district. That district wo3 be allowed to do the outdoor storage with the PLANNING COMMISSION MEETING, JULY 17, 2002 PAGE 4 language you have seen with no other changes. Staff recommends approval of the proposed changes. The proposed changes will allow Fridley to let industries have some outdoor storage with conditions while not being detrimental to the surrounding properties. This item will go to Council on July 29, 2002. Ms. Johns asked what happens to properties that already have outdoor storage. Mr. Hickok stated that their history will be looked at and whether there was a special use permit. If it has evolved over time with no special grandfathered right, they would need to go through the special use permit process. Mr. Saba asked if there were a lot of properties in violation of this. Mr. Hickok stated that about 40% of businesses are in violation of this. Mr. Dunham asked if the new 50% rule would be enough room for most of them. -� - Mr. Hickok stated there will be some industries that have well over that amount, and it will be a hardship for them to bring back into compliance. Presently, however, the sites do not look good and do not present the image the City would like in the industrial districts. Mr. Oquist stated that some outdoor storage is located across the street from the businesses. How does that apply to the 50%? Mr. Hickok stated that is a good question. There may be possible termination of use there. Unfortunately, that happens with people buying property without investigating the use codes. Mr. Saba asked how much time they would need to comply. Mr. Hickok stated that six months is a reasonable amount of time for them to come in with their survey and application for the special use permit, plans that will highlight the new curb and gutter asphalt area, and how they could make the site function within the language here. Staff would then give them another six months to actually make the changes. Darwin Voit, 6750 Main Street, stated that he is wondering how this will affect his business and the outside storage of buses. They put in a retaining wall because of the view from the residential area for screening. On the other side is the railroad track. The property on Osborne is screened also. Mr. Hickok stated that the site has buses coming in and out and like an M-1 or M-2 industrial use where trucks come in and out on a daily rotation basis. They sit behind the building for cleaning and re-fueling or service. Staff does not see this as an outdoor storage as much as a typical service use for equipment that is coming in and out of the site. It is more incidental and behind the building in the rear yard with a screening fence. That should have been in an M-3 district due to the height of the buses. The Fridley Bus Company site is in compliance from that perspective and would not need to change. The other site could be within screening requirements also. He would hesitate to give an answer for sure, but staff can take at the properties for further review. Mr. Voit asked if special use permits, once granted. last for as long as you own the property. Mr. Hickok stated that it generally runs with the land but also is reviewed on a regular basis and can be revoked for misuse. 0 PLANNING COMMISSION MEETING, JULY 17, 2002 PAGE 5 Mr. Voit stated that used parts (or junk) vehicles are being cleaned up by the City on certain properties. He continued by stating that these types of eyesores should be put into the ordinance to help clean up some of those sites that store such vehicles. Mr. Oquist stated that on Osborne Road the 12-foot vehicles are not exactly being stored so the 12-foot rule does not necessarily apply. Mr. Hickok stated that it is only items being stored. There is one benefit here that other industries might enjoy also with how the site is laid out. The buses are on the south side of the building and not close to the fence and yard. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:02 P.M. �- Mr. Oquist stated that he is in favor of the proposed changes. This is a good way to pin it down. It is a good idea to consider Mr. VoiYs proposed addition of language also. Mr. Hickok stated that it is correct. MOTION by Mr. Oquist, seconded by Ms. Johns, to recommend approval of ZTA #02-01. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. RECEIVE THE MINUTES OF THE APRIL 8, 2002, PARKS & RECREATION COMMISSION MEETING: MOTION by Mr. Dunham, seconded by Ms. Johns, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE APRIL 16 2002 ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Ms. Johns, seconded by Mr. Dunham, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE APRIL 10 2002 APPEALS COMMISSION MEETING: ' MOTION by Mr. Saba, seconded by Mr. Dunham, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APRIL 4 2002 HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Saba, seconded by Mr. Dunham, to receive the minutes. 5 J�="�' �, _. _ ' :'y. PLANNING COMMISSION MEETING, JULY 17, 2002 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE MAY 2 2002 HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Saba, seconded by Mr. Dunham, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE JUNE 6 2002 HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Saba, seconded by Mr. Dunham, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok stated Stacy Stromberg, Planner, and her husband, Benji, recently had a baby boy, Bailey Stromberg on July 5. The baby had reversed arteries in the heart, but was operated on and now is doing fine. Staff congratulated Stacy and Benji on their new arrival. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE JULY 17, 2002, PLANNING COMMISSION WAS ADJOURNED AT 8:22 P.M. Respectfully submitted, �. Sign L. John n � Recording Secretary � �- � � CRY OF FRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 12, 2002 � ,�,. William W. Burns, City Manager ,�i David Sallman, Public Safety Director Conference Aid Agreement August 6, 2002 The City of Minneapolis will be hosting the International Association of Chiefs of Police from October 4-9, 2002. Due to the increased security that will be surrounding the conference, they have requested our assistance. In addition to police chiefs from a11 over the world, it is reasonable to assume that a number of high-ranking national leaders (it is not uncommon to have the President address this conference) will be present. Minnesota Statute 471.59 provides for mutual aid agreements between local government agencies. Minneapolis is requesting the Council to approve, by resolution, the attached agreement. In short we are responsible for our own officers during this event, including salary and liability. Our officers will not be placed in high risk liability positions. We aze able to provide one officer per day during this time of year assigned from our normal shifts. The Minneapolis Police Department has been helpful in the past when we have requested assistance in the area of K-9's, bomb squad, and officer response during lazge disturbances. We would expect to receive their assistance in the future if it proves necessary. Staff recommends approval. Attachment 7 -� - 0 RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT WITH THE CITY OF MINNEAPOLIS TO ASSIST WITH SECURITY FOR THE IACP CONFERENCE FROM OCTOBER 4 TO OCTOBER 9, 2002 WHEREAS, the City of Minneapolis has requested police assistance in providing security during the International Chiefs of Police Conference during the time of October 4, 2002, to October 9, 2002; and � WHEREAS, in order to do so, it is necessary for the Cities of Minneapolis and Fridley to enter into a joint powers agreement as is required by Minnesota Statutes, Section 471.59; NOW THEREFORE, BE IT RESOLVED, by the City Council of Fridley, Minnesota (the "City") as follows: Section 1. The City Council of the City of Fridley herby authorizes and directs the Public Safety Director to execute and deliver the Joint Powers Agreement by and between the Cities of Fridley and Minneapolis. The Joint Powers Agreement sha11 be substantially in the form on file with the City Clerk on the date hereof. Section 2. This resolution shall be in full force and effect from and after its passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY FRIDLEY THIS 12� DAY OF AUGUST, 2002. ATTEST: ' DEBRA A. SKOGEN - CITY CLERK E�� SCOTT J LUND - MAYOR JUL.-08'02(MON) 12��1 - MPLS POLICE I�CP COORDINATOR T6L�612 673 3?61 P.Q02 � ri. Ill. Minneapolls Pcl9ce Departme�t 20021ACP Confe�ence Aid Agreement Pumose The City of Minneapolis and the Minneapolis Police Oepartment is hosting the 109�' Annual I�temational Association of Chiefs of Police October 4-9, 2002. The Minneapolis Police Department is obiigated to provide security for this conference. To accomplish this task the Minneapolis Police Department fs requesting the assistance of other Law Enforcement agencies in the state of Minnesota. For the purposes of this Agreement the type of assistance heing requested is in the form of swom personnet who are licensed peace o�cers in the State of Minnesota. This agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers, common to the parties. Deflnition of Te�m; Rsquesting Agency: Minneapolis Police Department Sending Agency: Law Enforcement agencies of the State of Minnesota Assistance: Personnel and equipment Personnel: Swom personnel who are licensed peace officers in the State of Minnesota Equ(pment: Any equipment sent with personnel including squad � cars and personal gear Duty/duties: Any security role at 2002 IACP Conference or IACP Conferance related function including but not limited to, standing post, roving post� checking credentials/Identification, Assisting Requesting Agency in the performance of law enforcement duties as authorized under Minnesota State Statute §609.06. Parties The Parties to this Agreement shaU consist of as many Minnesota Law Enforcement Agencies who approve this Agreement and t(ie Minneapalis Police Department. Upon approval, the executive signature page of this Agreement shal! be sent to the Minneapolis Police Department along with a certified copy of the documentati�n evide�cing approvaL Approval of this Agreement by a Par�y sha11 be evidenced by: • For a municipality, a resolution adopted by the goveming body, or .IML:mcg/02A-0048314.12.02 flnal 0 �- �UL.-08'0?(MON) 1?�52 MPLS POLICE I�CP COORDIN�TOR TEL�612 673 3207 P.003 • For a non-municipality, a resolution adopted by the goveming body or a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. N. Effeciive Oatss The effective dates of this Agreeme�t shaU be only those dates during the 109�' Annua( Intemational Association of Chiefs of Police, i.e. October 5 through 9, 2002, inc(usive. V. Revuesti�a Aqe� The Requesting Agency is the Minneapolis Police Department. The Sending Agency hereby releases the Requesting Agency from all claim of liability per paragraph VII of this Agreement, The Requesting Agency shall operate and manage this Agreement at all times, VI. Pro_ cedure - Subd. 1. The Requesting Agency is requesting the assistance of the Minnesota Law Enforcement agency named below for the 2002 IACP Conference. By providing any assistance including any personnel and equipment the Sending Agency acknowledges the below listed liability statement. Subd. 2. The Requesting Agency sha(I be in command of all sifivations and duty/duties concerning the 2002 IACP Conference and any event associated with the 20021ACP Conference. Subd. 3. When a Se�ding Agency supplies personnel to the Requesting Agency, such personnel shall remain under the direction and control of the Sending Agency; shall be subject to the policies and procedures of the Sending Agency shall be paid by the Sending Agency; shall be protected by the workers compensatlon of the Sending Agency; and sha!( otherwlse be deemed to be performing their regular duties for the Sending Agency. Subd. 4. The Sending Agency shall be responsible for its own personnel. equipment, and supplies a�d for injuries or death to any such personnel or damage to any such equipment or supplies. Each agency waives the right to sue any other agency fo� any worke�s compensation benefits paid to its own employee or volunteer even ff the injuries were caused wholly or partiatly by the negligence of any other agency, its officers emptoyees or volunteers. Subd. 5. The Sending Agency shall demand no charges or costs for assistance provided under this agreement. JML•mcgl02A-p04g3t4,12,G2 flnal 2 10 �- dUL. -08' 0? (MON) 12 � 52 MPLS POLICE [ACP COORDINATOR TEL�612 613 3201 P.004 VIL LlabiN� The Requesting Agency shall not be responsibie for any i�juries, (osses or damages to persons or property arising out of the acts of any of the personnel of the Sending Agency nor shall the Sending Agency be responslble for any injuries, losses or damages arising out of acts of any personnel of the Requesting Agency or the personnel of any other Sending Agency. No Agency shall be responsible for inju�es� deaths, losses or damages arising out of the actions of Law Enforcement Personnel of any other agency. By entering into this Agreement, agencies are not waiving any provisions or liability limitations established in Chapter 466� Minnesota Statutes. Agent of Requesting Agency Sending Agency Agent of Sending Agency 0 JMI.TnogIOZA-00483/4.12.OZ flr►al 3 11 -� - 0 � �UL. -08' 02 (MON) 12: 52 MPLS POL[CE [ACP COORDINATOR TEL�612 613 3207 P.005 The City of Minneapolis has as witness to the foregoing has caused this Agreement to be executed in its behalf by its proper officials, as of the date flrst written below. Dated: CITY OF MINNEAPOLIS sy: _ Mayor Countersigned: Assistant Finance Officer APPROVED AS TO FORM: Assistant City Attomey 0 JMLmcglo?A-�dt93/4.1202 nnal _ - 4 12 �- 0 JUL.-OS'Q2iMON) 1?-�52 MPLS POLICE I�CP COORDIN�TOR TEL�612 6i3 3201 P,006 PSBRS 8 W�M/8udget - Your Committee, having unde� consideration the provision of secur'rty for the 109th Intemationai Association of Chiefs of Police Co�vention to be held Octobe� 4- 9, 2002 in Minneapolis, �ow recommends that the Police Department be authorized to �equest the assistance of other law enforcement agencies to provide security, including but not limited to standing post, roving post, checking credentials�dentifrcation and general assistance in the pe�Formance of law enforceme�t duties as authorized under Minnesota Statutes Sectio� 609.06. Apptoved as to COUNCIL I AYE MEM9EFi 0�401M ADOPTED VOTINO I AS,IEKf � OVE1iR E I sUSTA M f CMEIA9EA Ce�tlfled aa sa oMdel adto� o! the Cky AYE NAY VOTINO �/�eSENT I O E�RIIIOE I iUMAIN 13 PASSE� MAY 17 20�2 o�� �.APPROVED NOT APPROVED Q VETOED AT1"EST � � MAy 2 9 2002 C RK R OnTE CenMnRpl Aw 1A] - 13 �- � � � � GTY OF FRIDLEY TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 12, 2002 William W. Burns, City Manager � � � Jon H. Haukaas, Public Works Director August 12, 2002 PW02-057 SUBJECT: Commons Park Parking Lot Phase I Reconstruction Project No. 348 Within our 2002 budget we have identified funds for the reconstruction of the parking lot and alley and well house lots all on the north side of Commons Park off 7`� Street. The 2002 budget has $70,000 budgeted for the reconstruction of these lots. Recommend the Gity Council adopt the resolution authorizing the staf� to advertise for the Commons Park Parking Lot Phase I Reconstruction project No. 348. JHH:cz Attachment � 14 -� - RESOLUTION NO. - 2002 A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEr�NT FOR BIDS: COI�IIrlONS PARK PARKING LOT PHASE I RECONSTRUCTION PROJECT NO. 348 WHEREAS, the City Council of the City of Fridley has established a policy of maintaining city infrastructure through an annual Capital Improvements Plan, WHEREAS, the Director of Public Works has submitted a plan showing the - reconstruction of parking lots in Commons Park. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, � Anoka County, Minnesota, as follows: 1. That the parking lots and alleys recommended for reconstruction by the "�� Public Works Department be reconstructed to include grading, stabilized base, hot mix bituminous mat, concrete curb and gutter, storm sewer repair, landscaping and other associated improvements, and the work involved in said improvement shall hereafter be designated as: COI�IONS PARK PARRING LOT PHASE I RECONSTRUCTION PROJECT NO. 348 2. The plans and specifications prepared by the Public Works Department for such improvement and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under Commons Park Parking Lot Phase I Reconstruction Project No. 348 be performed under one contract. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at 10:00 a.m. on WEDNESDAY, SEPTEMBER 4, 2002, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Director of Public Works and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (5�) of the amount of such bid. That the advertisement for bids for COMMONS PARK PARKING LOT PHASE I RECONSTRUCTION PROJECT NO. 348 shall be substantially standard in form. 0 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF AUGUST, 2002. � _ C:1��G��Y�� DEBRA A. SKOGEN - CITY CLERK 15 SCOTT J. LUND - MAYOR r � CITY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 12, 2002 William W. Burns, City Manager��` Jon � .�Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director August 8, 2002 PW02-064 Change Order No. 1 to Street Improvement (Sealcoat) Project No. ST. 2002 - 10 The attached Change Order No. 1 is for the additional sealcoating for the City of Columbia Heights. All costs for the additional work, including inspection, will be passed through and paid by the City of Columbia Heights. Final quantities have been measured and the total cost of Change order No. 1 is $4,205.00. This change order is required because the City of Columbia Heights request was made after we began advertising for bids. Net cost of Change Order No. 1 is $4,205 for a revised contract amount of $86,592.76. Recommend the City Council Approve Change Order No. 1 to Pearson Brothers, Inc. for Street Improvement (Sealcoat) Project No. ST. 2002 - 10. LO/JHH:cz Attachment 16 -� - CTTY OF FRIDLEY ENGINEERING DEPAR'T11�NT 6431 UNNERSTTY AVENUE N.E. FRIDLEY, MN 55432 July 29, 2002 Pearson Brothers, Inc. P O Box 334 Loretto MN 55357 SUBJECT: Change Order No. 1 2002 Street Improvement (Sealcoat) Project No. 2002 - 10 Gentlemen: -r - You are hereby ordered, authorized, and instructed to modify your contract forthe 2002 Street Improvement (Seaicoat) Project No. ST. 2002 - 10 by adding the following work: Addition: Item l. Sealcoat with FA-3 aggregate 2. Sweep before sealccoat application 3. Sweep after sealcoat application 4. Loose rock signs TOTAL ADDITIONS TOTAL CHANGE ORDERS: Quantiri 7,100 7,100 7,100 6 Price 0.53 SY 0.01 SY 0.01 SY 50.00 Ea Amount $3,763.00 71.00 71.00 300.00 S4,Z05.00 Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $82,387.76 Contract Additions - Change Order No.l ...............................................................4,205.00 REVISED CONTRACT AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586.592.76 17 � 0 0 Pearson Brothers, Inc. ST. 2002 - 10 Change Order No. 1 Page 2 Submitted and appro d by Jon H. Haukaas, Public Works Director, on the 12th day of August, 2002. red by . _ '�-`- � he d by � . � Jon H. Haukaas, PE Director of Public Works Approved and accepted this J- day of ` , 2002 by <'�� Peazson Brothers, Inc. uss Pearson, Project Coordinator Approved and accepted this day of , 2002 by CITY OF FRIDLEY Scott J. Lund, Mayor William W. Burns, City Manager : AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 12, 2002 CRY OF FRIDLEY TO: William W. Burns, Ciry Manager��� FROM: Jon .�.Haukaas, Public Works Director DATE: August 7, 2002 SUBJECT: Change Order No. 2: Sewer Lining Project No. 345 PW02-063 The attached Change Order No. 2 to this year's sewer lining project removes the previously approved footage for 75`}' Avenue. The net change is a contract deduction of $7,848. A 327-foot section of sewer line was approved for lining on Change Order No. 1 as an emergency repair on '75`� Avenue east of Bacon Street. During the installation, it was determined that the sewer line was too far deteriorated and collapsing and that different methods would have to be used to complete the repair. Recommend the Gity Council approve Change Order No. 2 reducing the Sewer Lining Project contract by $7,848 to a revised contract amount of $95,894. JHH:cz Attachment 19 -� - 0 n CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNNERSTTY AVENUE N.E. FRIDLEY, MN 55432 August 1, 2002 Lametti & Sons, Inc. 6028 Forest Blvd N Hugo MN 55038 SUBJEC'T: Change Order No. 2, Sanitary and Storm Sewer Lining Project No. 345 � Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Sanitary and Storm Sewer Lining Project No. 345 by adding the following work: Deduction: Item 1 8 in. VCP sanitary sewer TOTAL CHANGE ORDERS: Original Contract Amount Contract Additions - CO No. 1 Contract Deductions - CO No. 2 REVISED CONTRACT AMOUNT uanti 327 LF TOTAL 20 Price 24.00 Amount 7,848.00 7,848.00 92,114.00 11,628.00 -7,848.00 $95,894.00 Lametti & Sons, Inc. Change Order No. 1 July 8, 2002 Page 2 approved by �n H,i Haukaas, Public Works Director, on the 12th day of August, 2002. by - �. Jon H. Haukaas, P.E. Director of Public Works Approved and accepted this�day of�, 2002 by L SONS, . D anken, Project oordinator Approved and accepted this day of , 2002 by CITY OF FRIDLEY Scott J. Lund, Mayor William W. Burns, City Manager 21 - 0 0 -� � AGENDA ITEM � COUNCIL MEETING OF AUGUST 12, 2002 CRY OF FRIDLEY CLAIMS 106v03-106852 22 � � � cmr oF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 12, 2002 Type of License: TREE REMOVAL Arbor Design Tree Service P.O. Box 290298 Brooklyn Center, MN 55429 LICENSES � Approved By: Donald Lawrence Public Works 23 Fee: $40 -� - City of �! Fridle AGENDAITEM City Council Meeting Of Monday, August 12, 2002 � Electrical Ashley Electric Inc 8201 Central Ave NE STE M Myron Ashley Spring Lake Park MN 55432- Cascade Electric Inc 4135 East Rum River Cir Todd Shaffer Cambridge MN 5500& Commercial Electrical Solutions LLC 10900 73 Ave N STE 124 Brett Robinson Maple Grove MN 55369- SignArt Co Inc 2170 Dodd Rd Kevin Snyder Mendota Heights MN 55120- Super Electric Inc 16976 Eidelweiss St Jon Mortenson Andover MN 55304- Gas Services Elite Heating 8 Air 3511 Kahler Dr NE Kristine Cassens St Michael MN 55376- Fore Mechanical Inc 3520 88 Ave NE Kevin Grell Blaine MN 55449 Key Metalcraft Inc 8201 Paeasant Ave S Richard Punchard Bloomington MN 55420- 24 Aooroved By„ State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official -r - � Maple Grove Heating 8 AC Inc 401 Co Rd 81 Steve France Osseo MN 55369-1647 Midwest Maintenance 8� Mechanical 710 Pennsylvania Ave S STE B Jeff Rieger Minneapolis MN 55426- Mobile Home Improvement 1181 80 St E Jeanne Schiltgen Inver Grove Heights MN 55077- NewMech Companies Inc 1633 Eustis St Larry Jordan St Paul MN 55108-1288 PMR Mechanical Inc 2414 E 26 St DuWayne Meyer Minneapolis MN 55406 General Contractor-Commercial Anderson Builders 4208 Park Glen Rd Greg Ande�son St Louis Park MN 55416- Construction Results Corp 14100 23 Ave N Mark Snyder Plymouth MN 55447- Construction Services of Mpls Inc 2207 N 2nd St Roy Rogers Minneapolis MN 55411- DuAll Service Contractors Inc 636 39 Ave NE Gary Dooner Columbia Heights MN 55421- . Holle Construction Co Inc 1855 Melrose Ave S Jefferson Holle Minneapolis MN 55426- 25 Aaoroved By: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � Ingram Construction Inc 2705 James Ave N Dennis Plante Minneapolis MN 55411- Karkela Construction Inc 3290 Gorham Ave Richard Eishokin St Louis Park MN 55426- NA Contracting 1475 73 Ave NE Tim Van Auken Fridley MN 55432 General Contractor-Residential Bainville Exteriors Inc 2434 Hillview Rd Rebecca Bainville Mounds View MN 55112- Cedar Valley Exteriors Inc (20177285) 9920 Zilla St Jeff Hausmann Coon Rapids MN 55433- Egress Window Systems (220311514) 5932 53 Ave S STE C Terry Leabs Fargo ND 58104- Fey's Construction Inc (1904) 13270 Jay St NW David Fey Coon Rapids MN 5544& Guyers Builders Supply (20257527) 13405 15 Ave N Don Miller Plymouth MN 55441-4516 Ingram Construction Inc (20286159) 2705 James Ave N Dennis Plante Minneapolis MN 55411- . Kodiak Construction 8 Home Improvement (8608) 2607 Brighton NE Robin Mysliwiec Minneapolis MN 55418- 26 Apnroved B� Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State af MN State of MN State of MN State of MN State of MN State of MN State of MN �- � � Landa Construction Inc (8013) 2108 S Ham Lake Dr Hams Jones Ham Lake MN 55304 Loyal Miller Construction (7446) 19259 Redwood St BW Loyal Miller Coon Rapids Mn 55433- Merit Building Co Inc (20271430) 3029 Coon Rapids Blvd #311 David Mau Coon Rapids MN 55433- MN Window 8 Siding Co (20296565) 5730 Duluth St Jo� Wacker Golden Valley MN 55422- Mobile Home Improvement(20239585) 1181 80 St E Roger Oldre Inver Grove Heights MN 55077- Northem Crest Inc (20098415) 7401 Central Ave NE Bill Olson Fridley MN 55432 Novak-Fleck Inc (1631) 8857 Zealand Ave N Richard Novak Brooklyn Park MN 55445- Nu Way Development Inc (5775) 8200 Long Lake Rd Chris Johnson Mounds View MN 55112- Pro Exteriors (6094) 11792 Chisago Blvd Ray Fuerstenberg Chisago MN 55013 Rayco Construction Inc (3396j 3801 5 St NE Stacy Meyers Columbia Heights MN 55421- 27 A�nroved By� State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN �- � Ricksham Construction (20233417) 17874 Concord St NW Chad Ricksham Eik River MN 55330- Royalty Remodelers (20274044) 4411 Slater Rd Mike Stuge Eagan MN 55122- Solomon So�s Limited (20266363) 12211 Olive St NW Brian Solomon Coon Rapids MN 5544& Taylor Technical Services (20315873) 656 36 Ave NE Rick Ranta Minneapolis MN 55418- Vizecky Contracting LLC (20218977) 323 W 48 St Wade Vizecky Minneapolis MN 55409- Heatina American Appliance 8 Microwave Inc PO Box 48070 Kathy Beecher Coon Rapids MN 5544&0070 Elite Heating 8� Air 3511 Kahler Dr NE James Townsend St Michael MN 55376- Fore Mechanical Inc 3520 88 Ave NE Kevin Grell Blaine MN 55014 Jay Hawk Mechanical Inc 1245 Choke Cherry Rd Jay Crothers Lino Lakes Mn 5503& � Key Metalcraft 8201 Pleasant Ave S R Punchard Bloomington MN 55420- : A{�proved Bv• State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � � Maple Grove Heating 8 AC Inc 401 Co Rd 81 Osseo MN 55369-1647 Midwest Maintenance 8 Mechanical 710 Pennsylvania Ave S STE B Minneapolis MN 55426- Mobile Home Improvement 1181 80 St E Inver Grove Heights MN 55077- NewMech Companies Inc 1633 Eustis St St Paul MN 5510&1288 PMR Mechanical Inc 2414 E 26 St Minneapolis MN 55406 Mobile Home Installer Mobile Home Improvement 1181 80 St E Inver Grove Heights MN 55077- Plumbina Facilitech 7206 Washington Ave S Eden Prairie MN 55344- NewMech Companies Inc 1633 Eustis St St Paul MN 5510&1288 Roofina Allstar Construction 8401 73 Ave N Brooklyn Park MN 55428- � Steve France Jeff Rieger Jeanne Schiltgen Larry Jordan DuWayne Meyer Rodger Espeseth Bruce Kuchinka Richard Poser Kevin Femstrom � Aanroved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ro� Julkowski Building Official State of MN State of MN State of MN Ron Julkowski Building Official t- Central Roofing Co 4550 Main St NE Fridley MN 55421 � Catherine Smith 30 Aaoroved By�, Ron Julkowski Building Official �- 0 0 0 � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 12, 2002 ESTIMATES Lametti & Sons 16028 Forest Blvd. N. Hugo, NIN 55038 Sanitary and Storm Sewer Lining Project No. 345 FINAL ESTIMATE ........................................................................... $20,345.70 Gladstone Construction, Inc. 1315 Frost Avenue St. Paul, MN 55109 Pedestrian Bridge Replacement Project No. 341 Estimate No. 1 ........................................................................................ $29,801.50 Ron Kassa Construction 6005 — 250�` Street E Elko, MN 55020 2000 Miscellaneous Concrete Repair Project No. 344 EstimateNo. 3 .................................:..................................................... $ 5,838.15 Pearson Bros. Inc. 240 St. Johns Street Loretto, MN 55357 Street Improvement (Sealcoat) Project no. ST. 2002 —10 Estimate No. 1 ..:.................................................................................... $76,033.16 W.B. Miller 6701 Norris Lake Road N.W. Elk River, NIN 55330 2002 Street Improvement Edge Water Gardens Neighborhood Project No. ST. 2002 —1 ..........:............................................................ $34,458.40 31 t- � CTTY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DMSION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: August 12, 2002 CER'I'IFICATE OF THE ENGINEER We hereby submit the Final Estimate for Sanitary and Storm Sewer Lining Project No. 345, for Lametti & Sons, 16028 Forest Boulevard North, Hugo, MN 55038. We have viewed the work under contract for the construction of Sanitary and Storm Sewer Lining Project No. 345 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on . Respec lly submitte Jon H. Haukaas Director of Public Works cz Prepared b Checked b 32 �- August 12, 2002 City of Fridley SAIVITARY AND STORM SEWER LINING PROJECT NO. 345 CER'TIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have beenactually fumished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $95,618.00 and the final payment of $20,345.70 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. �ons� Inc. / . ' r • Banken, Project Coordinator 33 �- August 12, 2002 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY SATiITARY AND STORM SEWER LINING PROJECT NO. 345 -� - We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached final estimate for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being August 9, 2002. °''1 ompson, Construction ector ! C n ctor Representative, (Title) P����� � ��� 34 August 12, 2002 City of Fridley SANITARY AND STORM SEWER LINING PROJECT NO. 345 PREVAII,ING WAGE VERIFICATION This is to certify that Lametti & Sons has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declaze under the penalties of perjury that this statement is just and correct. Lametti & �ons. Inc. � // � iec"t Coordinator 35 t- FROM: City of Fridley Engineering Division TO: Honorable Mayor and City Council City of Fridley � 6431 University Ave, NE Fridley, MN 55432 Dated: August 12, 2002 CITY OF FRIDLEY PUBUC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 Estimate No. FINAL Period Ending: August 9, 2002 For: Lametti & Sons 16028 Forest Blvd N Hugo MN 55038 SANITARY AND STORM SEWER LINING PROJECT NO. 345 Job Code: STATEMENT OF WORK : Amount , Totai. . , �- Estimated ' ,- _ . Unit � : This ::; This . � . : - Total �.�- �s¢ _ Contract Item . Q�'anb � -Unit Price Estimate ,Estimate__ . _'.Total ::_ Amount . �- : � 24-in. CMP Sanitary Sewer 85 LF 140.00 0.00 0.00 85.00 11,900.00 10-in. CMP Sanitary Sewer 457 LF 30.00 0.00 0.00 457.00 13,710.00 10-in. CIP Sanitary Sewer 60 LF 30.00 O.OQ 0.00 60.00 1,800.00 8-in. CIP Sanitary Sewer 660 LF 24.00 0.00 0.00 660.00 15,840.00 8-in. VCP Sanitary Sewer 818 LF 24.00 476.00 11,424.00 824.00 19,776.00 15-in. RCP Storm Sewer 674 LF 38.00 0.00 0.00 674.00 25,612.00 Remove 4-in. CIP Protruding Seroice Tap 1 Ea 100.00 0.00 0.00 1.00 100.00 Reopen Sanitary Service Connection 23 Ea 160.00 11.00 1,760.00 23.00 3,680.00 on 8& 10 in. Liner 8 in. VCP sanita sewer 160 LF 20.00 160.00 3,200.00 160.00 3,200.00 Sub-total TOTAL Original Contract Amount Contract additions: Contract deductions: Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR CO #1 CO #2 $92,114.00 11,628.00 (7,848.00) 95,894.00 95,618.00 0.00 75,272.30 $20,345.70 $16,�t34.Uu $95,618.00 I hereby certify that the work performed and the materials supplied to date under the terms of the conVact for this project, and all authorize anges thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities on the fina es ate�are c�rrect),y� tFj�t this estimate is just and correct and no part of the "Amount Due This Esbmate" has been receive ey . Rit��) �o Gv� f ��cc✓1 ti�/P.� CERTIFI�TE OF THE ENGINE�R Date �Q OZ I hereby certify that I have prepared or examined this estimate, and that the contractor is entiUed to payment of this estimate under the contract for refe c roject. Respectfully Submitted, /� CITY OF FRIDLEY, INSPECT R gy , C�� - Jon H. Haukaas, P.E. Checked By � �� Public Works Director � AGENDA ITEM ` CITY COUNCIL MEETING OF AUGUST 12 , 2002 ClT7 OF FRIDLEY Date: 7/31 /02 � To: William Burns, City Manager�� From: Scott Hickok, CDD and Paul Bolin, Planning Director � RE: Information on Ordinance Amending Chapter 205, Related to Outdoor Storage in the Industrial Districts. INTRODUCTION Fridley's current Code requirements for outdoor storage in industrial zoning districts has, at best, been described as confusing, open to interpretation, and unfair to industry. Staff has investigated different ways to clarify Fridley's requirements, allowing limited outdoor storage while still protecting the City's interests. The purpose of this memo is to provide the rationale for recommending an Ordinance revision that repeals and replaces the current requirements with more clearly written language that balances industry needs with broader community needs. BACKGROUND INFORMATION / CURRENT REGULATIONS The current regulations allow outdoor storage in the M-1, M-2, M-4, & S-3 zoning districts, through a special use permit process, if the items being stored are "incidental" to the business. "Incidental" storage has been interpreted to mean that the storage is temporary in nature and the short term storage is not required as an on-going part of the business. The confusion is in defining temporary and determining whether or not an item is a required part of a business. Outdoor storage and outdoor intensive uses are permitted by right in the M-3, Heavy Industrial — Outdoor Intensive Zoning District. The current code, for unknown reasons, still requires a special use permit for incidental storage. This requirement does not make sense in this zoning district, because permanent outdoor storage is allowed by right. , Notwithstanding the City's storage restrictions in our industrial districts, the Code Enforcement Officer found permanent outdoor storage at 40°/a of the properties inspected since the systematic code enforcement sweeps of industrial properties began last fall. Items cur�ently being illegally stored outside include over stock, raw materials, pallets, trailers, and other miscellaneous items. Rather than issue citations to nearly'/Z of all Fridley's industries, staff proposed a review of the current outdoor storage ordinances during last years Council/Commission survey. 37 Ordinance Amending Chapter 205-Outdoor Storage Page 2 Julv 31, 2002 COUNCIL / COMMISSION SURVEY RESULTS This past years Council / Commission survey asked whether or not the City should pursue changes to the current ordinance and spelled out 5 different options. The most popular response was to prepare legislation that allows outdoor storage in the industrial districts subject to screening requirements and obtaining a special use permit. The legislation was to be based on broader community needs rather than the special needs of any particular business. The survey responses were verified during a joint meeting held between the City Council, Planning Commission, and the Appeals Commission on April 15th, 2002. The � majority again stated that staff should pursue legislation that would allow some limited outdoor storage, subject to screening requirements, and a special use permit in the industrial districts. PLANNING COMMISSION ACTION At their July 17�h, 2002, meeting, the Planning Commission held a hearing on the proposed ordinance amendment. After a brief discussion, the Commission made a unanimous recommendation for approval. Though their recommendation did not formally include added language, the Commission informally recommended that staff and Council consider language to protect against the act of junk or inoperable vehicles being stored outside. Staff did not add such language to this ordinance proposal, due to the fact that those protections currently exist in the City Code of Ordinances. Further, staff believes that this would be best addressed by current Code language and a stipulation (echoing this chapter of the Code) that would be a standard part of any future industrial Special Use Permit for outdoor storage. STAFF RECOMMENDATION Staff recommends approval of the proposed changes to the outdoor storage requirements in Fridley's Industrial Districts. The proposed changes will allow Fridley industries to maintain some outdoor storage while not being detrimental to surrounding properties. All changes to the zoning ordinance are noted in the attached ordinance format. Staff further recommends the Council hold the public hearing for the proposed zoning text amendment. � : Ordinance No. AN ORDINANCE AMENDING CHAPTER 205, SECTIONS 205.17, 205.18, 205.19, 205.20 AND 205.25 RELATED TO OUTDOOR STORAGE IN THE INDUSTRIAL DISTRICTS The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 205 related to outdoor storage in Industrial Districts be amended as follows: SECTION l. That the following langua�e in Sections 205.17.O1.C.(11), 205.18.O1.C.(12), 205.19.2.C.(4), 205.20.O1.C.(2), and 205.25.04.C.(12) be hereby repealed: , , �a ,. ,.* «,. �� . ,.:t.t � �.,...... .. _ .. � . . . !/'1\\ A .. �:,ae...*;.,1 ,7:..�..:,.♦ .. „1.1:., n,.L.♦ ,.C..,.... �.,...,. *l.e, R �� � � \�I/ii��:••,:� :••••:�iii7� ' !,.\ A�T..r,,,-:..1� ,.+,.« ,.eL.:,.le.. «.7 „ ..+ �t,,,.va ��.+..:,ie ,7,. «,.+ �, ee,7 F;(�,,,,« ' ^' ' '� . �cz �..��i ���i•�ir�iic%aev:a%.r�:.��:•�:��a:.z •.s�i��i v�:ii��v��s����.� n��ava SECTION 2. That Section 205.17 be hereby amended as follows 205.17. M-l� LIGHT INDUSTRIAL DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With a Special Use Permit. (11) LIMITED OUTDOOR STORAGE 39 All limited outdoor storage shall satisfy the followin� requirements and other stinulations deemed necessary due to site conditions: (a) The outdoor stora�e area is limited to a ma.�cimum size eaual to 50% of the � princ�al buildin�s footprint This area must be desi�nated on a site plan submitted with the Special Use Permit (SUPI application and must be located in the side or rear vard. �b) The materials and equinment ke�t in the desi�nated outdoor stora�e area must be fullv screened so as to not be visible from: �(1)) A residential district adjacent to the use: �(2}) A residential district across a public ri�ht-of-wav from the use; �(311 A�ublic park adjacent to the use; � �(4)) A Qublic rieht-of-way includin� railroad ri�:ht-of-wav, adjacent to the use: or ((51) Anv commercial use adjacent to the use. �cl Screening of the outdoor storaee area shall be achieved throu�h a combination of masonry walls fencine berming, and landsca.,pin� in accordance with Section 205.17.07.G.(1)(al �dl Materials and eauipment stored outside must not exceed 12 feet in heieht. �) The outdoor stora�e area must be a city-approved hard surface and bound on the perimeter b� B-6-12 concrete curb and �utter. �fL Special use permit for limited outdoor stora�e shall not nermit the outside stora�e of semi-trucks semi-trailers, or heaw construction eauinment. �gl Hazardous chemicals and materials are prohibited from bein� stored outside. jh) The outdoor stora�e shall not affect the required amount of varkinQ stalls needed on site. �i) The location and tXpes of materials to be stored are to be reviewed bv the Fire Marshall. SECTION 3. That Section 205.18 be hereby amended as follows 205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 2. USES PERMITTED . � C. Uses Permitted With a Special Use Permit. (11) LIMITED OUTDOOR STORqGE All limited outdoor stora�e shall satisfv the followin� requirements and other sti�ulations deemed necessarv due to site conditions: (al The outdoor stora�e area is limited to a maximum size ec�ual to 50% of the principal buildines footprint. This area must be desi�nated on a site plan submitted with the Special Use Permit (SUP) application and must be located in the side or rear ,�� Lb�_The materials and equipment kept in the designated outdoor storage area must be fullY screened so as to not be visible from: ((1)) A residential district adjacent to the use; ((2)) A residential district across a public ri�ht-of-way from the use; ��3)�public park adjacent to the use; (�4)) A public ri�ht-of-wav, includin� railroad ri�ht-of-wa�jacent to the use: or �(5)) Anv commercial use adjacent to the use. (c Screenin� of the outdoor stora�e area shall be achieved throu�h a combination of masonrv walls, fencin�, bermin�, and landscapin� in accordance with Section 205.18.06.G.111(al �dl Materials and egnipment stored outside must not exceed 12 feet in heigY� (e) The outdoor stora�e area must be a cit,�pproved hard surface and bound on the perimeter bv B-6-12 concrete curb and �utter. jflSpecial use permit for limited outdoor storage shall not permit the outside storage of semi-trucks. semi-trailers, or heavy construction equipment. (g,l Hazardous chemicals and materials are prohibited from being stored outside. (hl The outdoor stora�e shall not affect the required amount of parkin� stalls needed on site. (ilThe location and types of materials to be stored are to be reviewed bv the Fire Marshall. 41 SECTION 4. That Section 205.19 be hereby amended as follows 205.19. M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT 2. USES PERMITTED A. Principal Uses The following are principal uses in M-3 Districts: (3) Uses whose principal use requires the outdoor storage of materials, motor vehicles, or equipment, including the outdoor manipulation of said materials, �� motor vehicles, or equipment under the following conditions. �j,) The materials and equipment must be fullv screened so as to not be visible from: ((1)1 A residential district adjacent to the use; �(2)) A residential district across a public ri�ht-of-waY from the use: �(3)) A public nark adjacent to the use; �(4)1 A public ri�ht-of-wav includingLrailroad ri t-of-wav, adjacent to the use: or �(S�Any commercial use adjacent to the use. �kl Screenin� of the outdoor stora�e area shall be achieved throu�h a combination of masonrv walls fencine bermin�, and landscapin� in accordance with Section 205.19.07.G.(1)(al �1) Materials and equipment stored outside must not exceed 15 feet in hei�ht. �m)The outdoor stora�e of motorized vehicles must be on a citv-approved hard surface and bound on the perimeter by B-6-12 concrete curb and �utter. �n) Hazardous chemicals and materials are prohibited from beine stored outside. a (o) The location and types of materials to be stored are to be reviewed bv the Fire Marshall. • (3��4,� Telecommunications Towers and Wireless Telecommunications Facilities are regulated in Section 205.30 (Ref. Ord. 1112). 42 SECTION 5. That Section 205.20 be hereby amended as follows 20�.20. M-4 MAI�IIIFACTURING ONLY 4. USES PERMITTED C. Uses Permitted With a Special Use Permit. (11) LIMITED OUTDOOR STORAGE All limited outdoor stora�e shall satisfy the followinQ requirements and other s�ulations deemed necessary due to site conditions• �` (a) The outdoor stora�e area is limited to a maximum size equal to 50% of the principal buildings footprint. T'his area must be desi�nated on a site plan submitted with the Special Use Permit (SUPZ application and must be located in the side or rear ,yard. Lb� The materials and equipment kept in the designated outdoor stora�e area must be fullv screened so as to not be visible from: ((1)) A residential district adjacent to the use• �(21) A residential district across a public rieht-of-wav from the use• ((311 A public park adjacent to the use: ((41) A nublic right-of-wav, includine railroad ri�,ht-of-wav adjacent to the use; or ((S1Lv commercial use adjacent to the use. (c) walls, fencing, berming and landscanin�in accordance with Section 205.20.06.G.(11(al (dl Materials and equipment stored outside must not exceed 12 feet in hei�ht Le� The outdoor storage area must be a citv-approved hard surface and bound on the perimeter bv B-6-12 concrete curb and gutter f fl Special use permit for limited outdoor stora�e shall not permit the outside storaee of semi-trucks, semi-trailers or heavy construction equipment ��) Hazardous chemicals and materials are prohibited from bein� stored outside �h) The outdoor stora�e shall not affect the required amount of parking stalls needed on site. 43 � The location and types of materials to be stored are to be reviewed bv the Fire Marshall. SECTION 6 That Section 205.25 be hereby amended as follows: SECTION 205.25 S-3 HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT USES PERMITTED C. Uses Permitted With a Special Use Permit. (11) LIMITED OUTDOOR STORAGE All limited outdoor stora�e shall satisfy the followin� requirements and other stipulations deemed necessary due to site conditions: (cl The outdoor stora�e area is limited to a maximum size equal to 50% of the T principal buildinas footprint. This area must be desi�nated on a site nlan submitted with the S�ecial Use Permit (SUP) application and must be located in the side ar rear yard. (dl The materials and eqninment kept in the designated outdoor stora�;e area must be fullv screened so as to not be visible from: ((11) A residential district adjacent to the use; �(2)) A residential district across a public ri�ht-of-wav from the use; �311 A�ublic park adjacent to the use: ((4)1 A public right-of-w� includin� railroad ri�ht-of-wav. adiacent to the use: or ((511 Anv commercial use adjacent to the use. (el Screenin�of the outdoor stora�e area shall be achieved throu�h a combination of masonry walls fencing, bermin�, and landscapin� in accordance with Section 205.25.09G.(1)(a) �fl Materials and equipment stored outside must not exceed 12 feet in hei� �g) The outdoor stora�e area must be a citv-approved hard surface and bound on the perimeter bv B-6-12 concrete curb and ug_tter_ �hl Special use �ermit for limited outdoor stora�e shall not permit the outside stora�e of semi-trucks semi-trailers. or heaw construction eauipment. (il Hazardous chemicals and materials are prohibited from bein� stored outside. , .I �� �j) The outdoor storaQe shall not affect the rec�uired amount of parkin� stalls needed on site. (k) The location and types of materials to be stored are to be reviewed bv the Fire Marshall. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2002 ATTEST: Debra A. Skogen, City Clerk Public Hearing: 8-12-02 First Reading: Second Reading: Publication: 45 Scott J. Lund, Mayor t- / � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 12, 2002 � TO: William W. Burns, City Manager �� From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Re: Public Hearing for 4 Corners Gas & Convenience, Inc. 1301 Mississippi Street NE Applicant: Steven LeRoy Haw 11225 Welcome Avenue N Champlin, MN 55316 Date: August 9, 2002 Texas Foods,1301 Mississippi Street, has been sold to Steven LeRoy Haw and the name of the convenience store has changed to 4 Corners Gas & Convenience, Inc. The store has had and an off-sale 3.2% malt liquor license and Mr. Haw has applied for a new license. City Code requires that a public hearing be held to consider the approval of an off-sale 3.2% Malt Liquor License and that the license can not be approved during the same meeting. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. Staff recommends holding a public hearing for an off-sale 3.2% malt liquor license. The final approval of the license is scheduled for August 26, 2002. . � -� - CITY OF FRIDLEY PUBLIC HEARIl�TG BEFORE TI� CTTY COUNCIL Notice is hereby given that the Fridley City Council will hold a public hearing at its regulaz meeting of the City Council at the Fridley Municipal Center, 6431 University Avenue Northeast on Monday, August 12, 2002 at 7:30 p.m. on the question of issuing an off-sale 3.2% Malt Liquor License to applicant Steven LeRoy Haw for the business lrnown as 4 Comers Gas and Convenience, Inc., located at 1301 Mississippi Street NE.. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than August 12, 2002. Anyone having an interest in this matter should make their interest lu�own at this public hearing. /s/ Debra A. Skogen, City Clerk Published: August 8, 2002 in the Fridley SunFocus 47 �- � � CfTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 12, 2002 TO: The Honorable Mayor and City Council ��� FROM: William W. Burns, City Manager �� SUBJECT: DATE: 62"d Way Issues August 9, 2002 �- For several weeks we have been trading comments with Greg Potasek and other residents who live at the end of 62°d Way. At the last Council meeting, staff was asked to prepaze a proposal for Council action on Monday night. While there is no easy solution to this issue, staff continues to believe that the City should not maintain the "stub" at the end of 62"d Way. Our recommendation is based on the following points: The "stub" does not meet the City's right-of-way or construction criteria for a permanent City street. 2. While the "stub" may have been maintained from time to time, there are no formal agreements between the property owners and the City that legally obligate the City to maintain the "stub." Moreover, the minutes from the public hearings on the assessments associated with the reconstruction of 62"d Way and Riverview Terrace in 1969 indicate that the City talked with the property owners at the time the 1969 project was being planned. They elected not to improve the "stub." The City Engineer also commented that the "stub" was not a City street and that unless another 30 feet of right-of-way were added the City would not put in a street. He said, "This is basically a driveway, but the City owns the access." 3. According to City Attomey Fritz Knaak, the City has no legal obligation to maintain or upgrade the "stub." As was the case in 1969, the property owners could, however, petition the City to improve the portion of the right-of-way where the stub is located. "To the extent that such an improvement would be a public benefit, the City could, at its discretion, do the improvement and assess benefited property owners." 4. Fritz also tells us that the City may choose to minimize or eliminate maintenance on a right-of-way without any formal decommissioning process. � ;� Memo to Council August 9, 2002 Page 2 5. While there aze probably no other situations exactly like the one at the end of 62°d Way, there are several examples of situations where property owners must plow and maintain long stretches of public right-of-way in order to gain access to public streets. Maintaining the "stub" would seem to be inconsistent with our treatment of these other areas. Should Council concur with stafPs recommendation, it would be appropriate for the ward council member to move as follows: "I move to uphold the decision of the City staff as it pertains to snow plowing and routine maintenance of the right-of-way extension currently being used for property access by the property owners at 190 - 62"d Way, 310 - 62"d Way and 6200 Riverview Tenace." . • � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF AUGUST 12, 2002 FRIDLEY INFORMAL STATUS REPORTS 50 � - � u