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01/26/2004 - 4607� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 26, 2004 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, A�DRFSS AND /TFM NUMB�'R YaU ARF /NTFRFSTFD /N. � y � 9 . . . .; �'.�� 3%3. N �., "{ � ,�y� j��,m,�.� , �. �� i/�4�� .;�� // ' � ��i�#��'�.k��ff ,. �,,, � � �j �f � o S�� .�� T « � ' 3c� a 3 �'� #=� � ''' �,�� _ 11,��,� ��.�� /� , � ` < � _ �- , � �� C'% �z��«.-_ �� ;�%� ,� %^c �?��. /;'f'-�l.�UrU 7��iJ t.-C�,�S-�mPvt� � � / ? lj � /' 1% �1 �� d'�� f�'' �,5� �/y' �� u� � .� �, � 1"` , ' � � � � ��1/ s /J�� /i�G'� l � , � �- ,� a � ', �� . � ` C,� " \ <:� 2-��-� ��c, � �a... b� � I✓�'� �` 1��1�- �oj�� 2�°.:-�' ��'.�� '" �`; �zr��: , �,�'%,� ' „�� fi �C�Z2�=`l«�Z�"�/ , � ;, + r.,� ��v`��%1� � (�a�' --. � � CiTY COUNCIL MEETING OF JANUARY 26, 2004 G7'Y OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, o� treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public '' assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an _ interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION OF AWARD: Presentation of Minnesota Recreation & Park Association Board/Commission Award to David Kondrick APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 8, 2003 City Council Meeting of December 15, 2003 _ OLD BUSINESS: 1. Second Reading of an Ordinance to Amend ' the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #03-04, by RAS Properties) (Ward1) ....................................................................................................... 1-3 FRIDLEY CITY COUNCIL MEETING OF JANUARY 26, 2004 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of January 7, 2004 _ ................................................................................ 4 14 .� 3. Special Use Permit Request, SP #03-22, by Proform Thermal Systems, Inc., to Allow Limited Outdoor Storage in a Heavy Industrial Zoning District, Generally Located at 7805 Beech Street N.E. (Ward 3) ............................................................................... 15 - 19 4. Special Use Permit Request, SP #03-23, by Malton Equipment Company, to Allow Limited Outdoor Storage in a Heavy Industrial Zoning District, Generally Located at 7580 Commerce Lane N.E. (Ward 3) .......................................................................... 20 - 23 5. Special Use Permit Request, SP #03-25, by AGRO-K Corporation, to Allow Limited Outdoor Storage in a Heavy Industrial Zoning District, Generally Located at 8030 Main Street N.E. (Ward 3) ..................................................................................................... 24 - 28 G A 6. Resolution Supporting Recycling Options for CRTs ........................................... 29 - 34 FRIDLEY CITY COUNCIL MEETING OF JANUARY 26, 2004 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Resolution Providing for the Sale of $1,790,000 G.O. Water Revenue Bonds, Series 2004A ....................................................... 35 - 36 ., 8. Resolution Providing for the Sale of $3,920,000 _ G.O. Taxable Tax Increment Refunding Bonds, Series2004B ..................................................................................................... 37 - 38 0 9. Resolution Providing for the Sale of $1,285,000 . G.O. Refunding Bonds, Series 2004C ............................................................... 39 - 40 10. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary and Storm Sewer Lining Project No. 354 ............................................. 41 - 42 11. Receive Proposal and Award Contract to Bonestroo, Rosene, Anderlik & Associates to Complete the Vulnerability Assessment and Emergency Response Plan for Fridley's Water System ........................................................ 43 - 48 12. Approve Revised Agreement for Legal Services between the City of Fridley and Newquist & Ekstrum, Chartered, and Carl J. Newquist ........................................................................ 49 - 52 FRIDLEY CITY COUNCIL MEETING OF JANUARY 26, 2004 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 13. Approve 2004 Animal Control Contract between the City of Fridiey and Brighton Veterinary Hospital ........................................... 53 - 57 r 14. Claims ....................................................................................................... 58 0 15. Licenses ....................................................................................................... 59 - 61 16. Estimates ....................................................................................................... 62 ADOPTION OF AGENDA. STATE LEGISLATIVE UPDATE. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF JANUARY 26, 2004 PAGE 5 PUBLIC HEARINGS: 17. Consideration of the 2004 Street Improvement ProjectNo. ST. 2004 — 1 .................................................................................... 63 e M • 18. Consideration of an Ordinance Amending " Chapter 205 of the Fridley City Code Pertaining to S-3, Onaway District, Screening of Solid Waste (Continued November 24, 2003) ............................................................. 64 - 65 OLD BUSINESS: 19. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to S-3, Onaway District, Screening of Solid Waste (Tabled November 24, 2003) ..................................................... 66 - 67 20. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, � by Making a Change in Zoning Districts (Rezoning Request, ZOA #03-02, by Town Center ; - Development) (Ward 2) ................................................................................ ... 68 - 0 FRIDLEY CITY COUNCIL MEETING OF JANUARY 26, 2004 PAGE 6 NEW BUSINESS: 21. Special Use Permit Request, SP #03-24, by Wallboard, Inc., to Ailow Limited Outdoor Storage in a Heavy Industrial Zoning District, Generally Located at 5346 Industrial Boulevard " N.E. (Ward 3) .................................................................. ................................... 71 - 75 . � 22. Informal Status Reports ..................................................................................... 76 ' ADJOURN. � � � . .. � � c � i . . - FRIDLEY CITY COUNCIL MEETING OF JANUARY 26, 2004 m�r oF FRIDIEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION OF AWARD: Presentation of Minnesota Recreation & Park Association Board/Commission Award to David Kondrick APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 8, 2003 City Council Meeting of December 15, 2003 OLD BUSINESS: APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Special Use Permit Request, SP #03-23, by Malton Equipment Company, to Allow Limited Outdoor Storage in a Heavy Industrial Zoning District, Generally Located at 7580 Commerce Lane N.E. (Ward 3) ......... 20 - 23 5. Special Use Permit Request, SP #03-25, by AGRO-K Corporation, to Allow Limited Outdoor Storage in a Heavy Industrial Zoning District, Generally Located at 8030 Main Street N.E. (Ward 3) 24 - 28 ,� f �b� Q 11 ��,�,Q 6 Second Reading of an Ordinance to Amend p�1�\ the City Code of the City of Fridley, Minnesota, �� by Making a Change in Zoning Districts (Rezoning Request, ZOA #03-04, by RAS Properties) (Ward 1) ................................... 1 - 3 NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of January 7, 2004 ............... 4-14 Special Use Permit Request, SP #03-22, by Proform Thermal Systems, Inc., to Allow Limited Outdoor Storage in a Heavy Industrial Zoning District, Generally Located at 7805 Beech Street N.E. (Ward 3) ............... 15 - 19 �,p� �oo Resolution Supporting Recycling Options for CRTs.................................. 29 - 34 p�,Otv �.0 7. Resolution Providing for the Sale of $1,790,000 G.O. Water Revenue Bonds, Series 2004A................................... 35 - 36 � Ob`�� Resolution Providing for the Sale of $3,920,000 G.O. Taxable Tax Increment Refunding Bonds, Series 20046 ................................... 37 - 38 s��b�'�� Resolution Providing for the Sale of $1,285,000 G.O. Refunding Bonds, Series 2004C................................... 39 - 40 0 FRIDLEY CITY COUNCIL MEETING OF JANUARY 26, 2004 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): �a��O� 10. Resolution Ordering Improvement�Approval of Plans and Ordering Advertisement for Bids: Sanitary and Storm Sewer Lining Project No. 354 .................................. 41 - 42 11. Receive Proposal and Award Contract to Bonestroo, Rosene, Anderlik & Associates to Complete the Vulnerability Assessment and Emergency ' Response Plan for Fridley's Water System .................................. 43 - 48 � PUBLIC HEARINGS: 17. Consideration of the 2004 Street Improvement Project No. ST. 2004 — 1 ................... 63 18. Consideration of an Ordinance Amending. Chapter 205 of the Fridley City Code Pertaining to S-3, Onaway District, Screening of Solid Waste (Continued November 24, 2003) .................................. 64 - 65 OLD BUSINESS: 12. Approve Revised Agreement for Legal Services between the City of Fridfey and Newquist & Ekstrum, 19 Chartered, and Carl J. Newquist ........ 49 - 52 13. Approve 2004 Animal Control Contract between the City of Fridley and Brighton Veterinary Hospital .................................. 53 - 57 14. C�aims ................................... 58 15. Licenses ................................... 59 - 61 16. Estimates ................................... 62 ADOPTION OF AGENDA. STATE LEGISLATIVE UPDATE. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to S-3, Onaway District, Screening of Solid Waste (Tabled November 24, ) ................................... 66 - �� , � 1 20. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #03-02, by Town Center ✓ Development) (Ward 2) ..................... 68 - 70 y .( , i� NEW BUSINESS: 21. Special Use Permit Request, SP #03-24, by Wallboard, Inc., to Allow Limited Outdoor Storage in a Heavy Industrial Zoning District, Generally Located at 5346 Industrial Boulevard N.E. (Ward 3) 71 - 75 22. Informal Status Reports OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes ADJOURN. 76 CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES DECEMBER 8, 2003 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: 1. RESOLUTION NO. 67-2003 RECEIVING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: NORTH PARK NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2004 —1. Dr. William Burns, City Manager, said the resolution received the preliminary report and called for a public hearing on the 2004 street reconstruction project. The project included portions of Lynde Drive, Regis Terrace, Regis Trail and the reconstruction of the University East Service Drive between 61 St Avenue and Mississippi Street. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 67-2003. 2. RESOLUTION NO. 68-2003 ORDERING PREPARATION OF REPORT ON IMPROVEMENT: WOODSIDE COURT STREET IMPROVEMENT PROJECT NO. ST. 2004 — 2. Dr. William Burns, City Manager, stated that under the terms of the development of the Theilmann Plat, the City would construct the extension of Woodside Court, with the costs to be borne by the developer. The resolution initiated the assessment process. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 68-2003. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 2 3. RESOLUTION NO. 69-2003 ACCEPTING THE PRELIMINARY REPORT, WAIVING PUBLIC HEARI�TG, AND ORDERING FINAL PLANS AND SPECIFICATIONS: WOODSIDE COURT STREET IMRPOVEMENT PROJECT NO. ST. 2004 — 2. Dr. William Burns, City Manager, said the resolution ordered the preparation of the final plans for the Woodside Court Extension Project. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 69-2003. 4. RESOLUTION NO. 70-2003 AUTHORIZING A PRELIMINARY AGREEMENT � FOR THE REPLACEMENT OF THE TRAFFIC CONTROL SYSTEM ON T.H. 47 (tiNIVERSITY AVENUE) AND 69 AVENUE. Dr. William Burns, City Manager, stated that this was an agreement with the Minnesota Department of Transportation that would provide for signal replacement at State expense. Under the terms of the agreement, MnDOT would pay $228,000 of the $240,000 total cost. While the City was responsible for $12,000, the money was reimbursable from the City's state aid account. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 70-2003. 5. RESOLUTION NO. 71-2003 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY LIONS CLUB (JOE DiMAGGIO'S) (WARD 2). Dr. William Burns, City Manager, stated the proposed lawful gambling premise permit application �vas for a two-year renewable permit. The current permit expired on February 28, 2004. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 71-2003. 6. RESOLUTION NO. 72-2003 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR CLIMB THEATER (AMF BOWLING CENTERS, DB/A MAPLE LANES) (WARD 2). Dr. William Burns, City Manager, stated the proposed application was for a two-year renewable permit. The current permit expired on February 28, 2004. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 72-2003. c 7. CLAIMS. APPROVED CLAIM NOS. 114363 THROUGH 114510. FRIDLEY CITY COUNCIL MEETIN G MINUTES OF DECEMBER 8, 2UO3 PAGE 3 g, LICEN5ES. APPROVED THE LICEN5ES AS 5UBMITTED AND AS ON FILE. q, ESTIMATES. �,ppROVED THE FOLLOWING ESTIMATE: Midwest Asphalt 5929 Baker Road - Suite 420 55345 Minnetonka, MN Drive Watermain Replacement " Hickory $11,395.53 Project No. 350 Estimate No. 4 . asked what constituted the replacement of a traffic signal• Councilmember Barnette ro r� of sigrial upgrades. `�1eY OT had a p g si nal systems that fell under theiras one of he s gnalsey 1Vir. Jon Haukaas, Public Works Director, said MnD sent a notice to several cities that had g available. The signal at 69`� Avenue and University Avenue w had money enda. No one in the audience spoke regarding the proposed consent ag t the agenda as presented. Seconded by MOTION by Councilmember Barnette to adop Councilmember Wo1fe. MAY�R L�D DECLAR�D TH� UP ON A VOICE VOTE, ALL VOYING A�� MOTION CARRIED UNANIMOUS ADOPTION OF AGENDA. enda as presented. Seconded bY MOTION bY Councilmember Bolkcom to adopt the ag Councilmember Barnette. �Y�R L�D DECLAR�D TH� UppN A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED �A�MOUSLY• ppEN FORUM, VISITORS. invitation to the annual Audubon Chns�as 7514 Alden WaY N.E., issued an rin brook Natiu'e Center. Mr Jerry Bahls, will meet at the Sp g Bird Count on Saturday, December 20, 2403. '�eY - ue N.E., spoke about the Met CounTe' Sa velopment d and Ms. Pam Reynolds, 1241 Norton Aven research, demographics, futu City's Comprehensive Plan including F�DLEY CITY CO �CIL n'IEETING 11�IINUTES OF DECEMBE redevelo R 8� 2003 PAGE 4 pment. She asked Council to call for a moratori until such time as the citizens of Fridle T�OU Y can be activel �°n redevelopment ghout the process, she said Y involved in the and development citizens. She did not W �ere was one part that ke t Comprehensive Pi�. buildin s. �t the City to become filled P getting 1eft out � She stated in the Iong r�.m it was the citizens ho ha u1ti-famil �d that was the y homes and apartment Ms. Joanne Zmuda d the right to decide. Redevelo � 6051 Fourth Street N, pment Authorit E•, said she was watchin Gateway West ro ect. Y meeting and the word "blight'� �,as brou ht U g the last p J She asked what the definition of "bli ht g Housing �d She lived a block off of the Universi P in conjunction townhomes or condominiums in g�� Was �d `�'here it was efinede ty Avenue Service Drive. could someone from the H ��ea �d the homeo jf a developer wanted to build was blight. �°r w'hoever did the housing�spect ns deterrru d not want to sell, ne whether a home Mayor L�d said tlie trying to find things that would be code inspectors blight. boing to homes on behalf of the developer deficient in order to condemn hames or consider th Dr. William B em �S� CitY Manager, su PUBLIC HEA ggested that staff contact l�Is. Zmuda regardin RINGS: g this matter. 1�• CONSIDERATION OF THE 2004 CjTy � MOTION b F F�DLEY BUDGET. y Councilmember Billings to waive the reading of the the pUblic hearing. Seconded by Councilmember B public hearing notice ar�d open UPON �ette. A VOICE VOTE, MOTION CA `�LL VOTING AyE� MAy�R L RRIED ITNANIMOUSLY. UND DECLA Mayor Lund indicated that Ite �D THE 2004. ms 11 and 12 on the agenda would be continued until Jar�U�, S, Ms. Donna Reisner, 6424 Pierce Street N. living in the area. E•, wanted to let staff kriovs, there were new people Councilmember Bolkcom said if an the Commun��j, Develo Yone did not get a letter to call arid talk w�th someo pment Department. Councilmember B ne from meetin S �ette said the letters were also sent to g and 1eft their addresses. people who attended previous Mayor Lund asked what the process was for mailin th Mr. Scott Hickok, Co g e letters. 500 feet from the bound �ity Development Director, said the letter went out to ary of the property in all directions. ��'ea of about FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 5 Mayor Lund asked where the addresses came from. Mr. Hickok said they did the best they could from the assessor's data. The information was updated on a regular basis. In addition to the name, they also included "current owner" on the envelope. Dr. William Burns, City Manager, began his presentation on the 2004 bud�et. He stated the State legislature session resulted in a loss of $733,000 in state aid for 2003. Another $1.1 million was lost for 2004 and $1.75 million was lost for 2005. By 2005, the City will have lost 86 percent of its state aid revenue. The cuts in State aid were done in order to balance the state's budget and get rid of a$4.2 billion state deficit. There were a number of issues in the legislative session that impacted Fridley. With respect to the Northstar Corridor Project, no money was designated at the State level. The City was involved with three legislative issues. One was to prevent wine from being sold in grocery stores. The City assisted the School District unsuccessfully in promoting authority to create a levy for the operation of the Community Center. The City was also involved in trying to keep the County from creating an economic development authority with taxing powers in the City of Fridley. He said a major concern was with levy limits and the question of whether or not they would be established for 2005. The City was also concerned with what the State would say about an alternative civil process the Police Department was considering for traffic enforcement. " Dr. Burns stated that this year's budget issues were addressed by a yearly council/commission survey and were discussed during the budget work sessions. One of the biggest issues was the Springbrook Nature Center and whether or not Council would support eliminating funding for the Springbrook Nature Center. They debated eliminating contributions to a number of outside agencies, such as Values First, Mediation Services of Anoka County, `49er Days, the Fridley Youth Sports Association, etc. They discussed the curfew violation center and the fact that the budget did not provide for its continuation. They talked about utility rates and the need for a 9 to 10 percent utility rate increase. They looked into levying back 60 percent of the lost 2004 local government aid, which was allowed by the State. Council opted to levy that back. During the second budget work session held in October, the Springbrook Nature Center was a main concern. Ultimately, Council decided not to put the question of the funding for the Springbrook Nature Center on the ballot in 2003, but to put it on the ballot in 2004. In the interim, $265,000 was reallocated for the Springbrook Nature Center with the understanding that new fees would be raised by Nature Center staff and the Springbrook Nature Center Foundation. Another major issue was whether or not City employees would be given a cost of living adjustment. Council informally decided that a 2 percent cost of living adjustment would be allowed. Employee health insurance was also discussed. Another important issue was the replacement of the Fire Department's self-contained breathing apparatus. Council put $193,000 back in the budget for that equipment. Values First dues in the amount of $5,700 were put back in the budget, and _ $4,000 was put back in the budget for support of the Fridley Youth Sports Association. Dr. Burns said that during the year, staff had been working with a consultant to detertnine the - cost of delivering certain City services and to adjust fees accordingly. The results were discussed with Council during the October work session. The fee increases amounted to around $98,000 and were primarily in the community development and public safety areas. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 6 Dr. Burns said overall, the 2004 budget was almost $1.3 million less than what was budgeted in 2003. The general fund budget was $637,670 or 4.9 percent less. Overall, 8.8 percent was taken out of the 2003 budget for 2004. The departments most impacted by the general fund cuts were the Public Works Department and the Recreation Department, although every City department suffered some cuts. There were also a number of personal service cuts that amounted to $308,168 or 3.34 percent. The number of employees who were in the 2003 budget but were not in the 2004 included 9 full-time and 4 part-time employees. Dr. Burns said cost of supplies went up by $124,733. That was attributable to the purchase of the self-contained breathing apparatus. Contractual services went down by $235,545 or 9.75 percent. There were many different cuts in different service areas, including the City's " contribution to the North Metro Mayors Association, expenditures for national conferences by City staff and Council, the City's contribution to Mediation Services far Anoka County, _ University Avenue corridor mowing, attendance at warming houses and other items. Dr. Burns said $206,600 was budgeted for capital outlay expenditures. The equipment purchases were limited to four small dump trucks for Public Works and four police cars. The next category of funding was the Special Revenue Funds. Included in that was the Cable Television Fund which was budgeted at almost $10,000 less in 2004. The most controversial item was the elimination of public access cable programming. A maintenance contract on the City's cable television equipment was also cut. The Grant Management Fund was a Special Revenue Fund that was used to account for federal and state grants. The costs in 2004 would be $72,182 or $118,454 less than 2003. The reduction reflected the loss of grant funding for a police officer and a youth specialist. The Solid Waste Abatement Fund which was a Special Revenue Fund was down by $12,500. The decrease reflected the elimination of the yard waste site. The Police Activity Fund, another Special Revenue Fund, was budgeted at $478,393 or $138,198 more than what was spent in 2003. The money will be used for three school resources officers and technological improvements in the Police Department. Dr. Burns said $65,000 was budgeted in the Capital Projects Fund. The amount was somewhat misleading in that it included $600,000 that was funded from a combination of State aid, special assessments and the storm water fund. Those outside revenues did not show up as part of the 2004 budget. Everything else, except for a$15,000 improvement to the police evidence room, had been taken out of the capital improvements budget. Dr. Burns said the Enterprise Funds was another major area of budgeting. They were not in the official budget for the City. In 2004, they would be spending $12.6 million from four funds. The Water Fund was close to $2 million. The Sewer Fund was $3.7 million. He said that 73 percent of all costs from the Sewer Fund were attributed to sewage treatment. The Storm Water Fund was up a little. The Municipal Liquor Fund increased by $376,000, which was for the cost of goods sold. The amount of $450,000 was transferred to the General Fund from this fund. Dr. Burns said with respect to the tax impact of the 2004 budget, the $657,890 cost of the 60 percent levy back will add about $70 to the cost of property taxes on the average value Fridley - home. He discussed fund balances and the financial health of the City. He said the amount in the General Fund had been declining. Between the end of 2002 and the end of 2004, $2 million FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 7 would be lost in fund balance in the unreserved discretionary area. Since 2000, fund balance had declined by around $�.7 million. The 2004 budget would require $927,322 from fund balance. On the revenue side, notwithstanding cuts and fee increases far 2004, the City would be using $1.9 million in internal transfers to balance the budget. He said the internal transfers would come from the Liquar Fund and the Police Activity Fund. Altogether, $1,891,000 was being transferred from internal funding sources to support the General Fund. Dr. Burns said with respect to esternal environment, this year's research revealed that while construction had rebounded, it was still not back to where it once was. The number of jobs in Fridley was shrinking alanningly. Between 2001 and 2002, the City lost over 1,000 jobs, and 622 of them were in the manufacturing azea. Unemployment had remained fairly constant at 4.56 percent. It was similar to the unemployment average for the metropolitan area, as well as for the State of Minnesota, and was less than the national unemployment rate. He said it remained uncleaz as to what impact, if any, those changes would have on demand for public services. There was an increase in crime rates. The major offenses or the Part I crimes which were murder, rape, robbery, etc., decreased somewhat. The incidents of smaller, less significant crimes, particularly disorderly conduct, increased. In looking at food stamps and cash assistance from Anoka County, there was a slight increase. In checking with School District 14, there was a decline in the use of free or reduced meals. There was not a consistent pattern and it was hard to determine how the economic environment actually impacted the demand for services. Dr. Burns said the budget before Council reflected the restoration of Springbrook Nature Center funding, and Council's decision to grant employees a 2 percent cost of living adjustment. While it included the 60 percent levy back of lost State aid revenue, it authorized a 1.8 percent rather than a 9.2 utility rate increase requested by staff. Discretionary fund balances would shrink from $19.3 million available in 2002 to just over $17 million at the end of 2004. Dr. Burns said they needed to be concerned with what the State legislature did with levy limits. Additional revenues should be sought for support of the Springbrook Nature Center. The need for improvements to the City's three utility systems required rate increases greater than the amount currently allowed by the City Charter. To correct this problem, the City should seek a Charter change that allowed the City to raise utility rates without voter approval or take a sizeable rate increase to the Fridley electorate in 2004 for approval. He thought the City should continue efforts to locate a new Fridley liquor store in the Wal-Mart area. Additional budget reductions would be necessary for 2005. He stated that the budget before Council was proactive in that it represented a strong effort to reduce services and increase revenues. Those adjustments needed to be expanded more in 2005, in a manner that allowed Fridley to maintain strong essential services without destroying City reserves. Dr. Burns presented the 2004 budget for Council's consideration. Councilmember Barnette asked why it appeared that it would be necessary to go to a referendum on utility costs. Dr. Burns said the biggest issues were the capital improvements that were necessary to keep the utilities in operating condition. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 8 Councilmember Barnette mentioned the sewer rates and said they were really out of the City's hands. Dr. Burns said while they would choose to reduce the cost of sewer operations, the City only controlled about one-fourth of the costs. Councilmember Barnette said there were a lot of things the City did not have control over and the Charter limited the City's ability to charge for them. Dr. Burns said they tried to stretch capital improvements out by borrowing and paying debt service on them, but with an inflation rate of 1.8 percent, it was very difficult to provide a new water storage tank without asking for more than that. Mr. Richard Harris, 6200 Riverview Terrace N.E., asked about fiscal disparities. Dr. Burns said the City was a contributor because of its industrial t� base. Mr. Harris said that on the proposed taxes for 2004 he received on his industrial property, there was a large increase in fiscal disparities. He asked that was given back to the City. Mr. Richard Pribyl, Finance Director, said he was in the process of reviewing this matter to try to account for the increase. Councilmember Bolkcom asked Mr. Pribyl to explain what fiscal disparities was. Mr. Pribyl said when it came to the valuation of commercial and industrial properties and trying to put each of the communities on an equal footing, all the communities had to share in value increases. Anytime we wound up having new valuation as it related to commercial and industrial value, the City had to contribute a portion of that to the pool. Anoka County was in charge of the distribution from the pool to each of the communities. It was an attempt to try to equalize the valuation. Councilmember Barnette said that because Fridley had a large commercial and industrial base, a community like Andover, which had very little commercial and industrial properties, received some of Fridley's money. Mr. Pribyl agreed. Mr. Harris asked about the general t�. Dr. Burns said he thought it went back to the school districts. It was something that was enacted in 2001 as part of the tax reform and it represented a shifting around of money. They took a piece of the commercial and industrial tax base out from under the City's general jurisdiction and placed it in a separate category that was controlled by the State so that the State could take over all the mandated services for the education system. The State was the levying agent. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 9 Mr. Harris said the City was not participating in the general state tax. Dr. Burns said that was his understanding. Councilmember Billings said the money went to the State's general fund. He said Mr. Harris would need to contact his State representative and senatar. Mr. Harris asked if there was going to be a hearing on the taYes for 2004. Mayor Lund said this was the public hearing on the 2004 budget. Mr. Harris asked about the property tax valuations. Councilmember Billings said that would be taken care of in the spring at the City's Board of Review hearing. When Mr. Harris received his tax statement from the County in March or April, there would be some dates listed for the City's Board of Review and the County's Board of Equalization. Councilmember Barnette asked why there was an increase on commercial, industrial and residential properties. � Mr. Pribyl said the State tax was one that the City could not reconcile. There had been an effort by the legislature to move some of the taY burden to the residential properties. Councilmember Barnette asked if Mr. Hams's situation was different. Mayor Lund said it was not. Councilmember Billings said the State legislature kept tinkering with the formulas. This was the end result. Mr. Hatris asked who at the State level set the general State tax. Councilmember Billings said he thought the rate was set by statute and then applied to the valuations. Mayor Lund asked if anyone wished to address the City Council on the 2004 budget. There was no response from the audience. , Councilmember Billings said by statute the budget could not be approved at this meeting. He asked if the hearing had to be continued or of it could be closed. ' Mr. Pribyl said the hearing could be closed. At the next Council meeting on Monday, December 15, 2003, the Council would be considering a resolution to formally approve the budget and the tax levy. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 10 MOTION by Councilmember Billings to close the public hearing on the 2004 City of Fridley budget. Seconded by Councilmember Ann Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. CONSIDERATION OF A REZONING REQUEST, ZOA #03-02, BY TOWN CENTER DEVELOPMENT, LLC, TO REZONE PROPERTY FROM C-1, LOCAL BUSINESS; C-2, GENERAL BUSINESS; M-1, LIGHT INDUSTRIAL; < AND C-Rl, GENERAL OFFICE TO S-2, REDEVELOPMENT DISTRICT TO ACCOMMODATE REDEVELOPMENT, GENERALLY LOCATED AT 1282 MISSISSIPPI STREET; 6490, 6400, 6352 AND 6300 CENTRAL AVENUE; AND - 1271 EAST MOORE LAKE DRIVE (WARD 2)(CONTINUED NOVEMBER 24, 2003)• MOTION by Councilmember Wolfe to continue the public hearing until January 5, 2004. Seconded by Councilmember Barnette. Councilmember Bolkcom said the reasons the public hearing was being continued were to allow the developer to hold a meeting on Saturday, December 13, at 2:00 p.m. at Sandee's Restaurant, and to receive traffic counts. Councilmember Wolfe said they were also waiting for more information on different uses for the building. Councilmember Billings said at the last meeting there was a motion passed to extend the 60-day period for a second 60-day period. Mr. Hickok, Community Development Director, agreed. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. CONSIDERATION OF A PRELIMINARY PLAT REQUEST, PS #03-08, BY TOWN CENTER DEVELOPMENT, LLC, TO CREATE TWO SEPARATE LOTS TO ALLOW FOR THE CONSTRUCTION OF A SENIOR HOUSING DEVELOPMENT, GENERALLY LOCATED AT 1282 MISSISSIPPI STREET AND 6490 CENTRAL AVENUE (WARD 2)(CONTINUED NOVEMBER 24, 2003). MOTION by Councilmember Wolfe to continue the public hearing until January 5, 2004. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE " MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 11 13. CONSIDERATION OF MODIFICATIONS TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREi�IENT FINANCING DISTRICTS NOS. 1, 2,3,6,7,9,10,11,12,13,14,16AND17. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Grant Fernelius, Assistant Housing and Redevelopment Authority Director, said the action concerned modification to the City's redevelopment plan and the underlying tax increment financing program. This item was more administrative in nature, but it did require City Council review and approval. As part of the process, a public hearing was necessary. The City's redevelopment plan was originally adopted in 1979. Since then, 17 tax increment financing districts had been created. At the current time there were only 12 districts that were actually active. The redevelopment plan guided the implementation of the tax increment financing program. The last time the plan was updated was in 2000, in response to the Gateway East Redevelopment project. He said they were not asking to do any new projects or expand the tax increment district boundaries. The modifications were necessary as a result of mandates from the Office of the State Auditor. One of the mandates concerned the modifications to tax increment budgets. Previously there were no requirements that the budgets be updated any time there were changes in the actual costs in those districts. Now the Office of the State Auditor required modifications to the budgets in order to account for either increased expenses or revenues if any changes had occurred. The actual tax increment financing costs had changed from the original estimates. Each time a tax increment district was created a budget had to be identified. The revisions were to new estimates for revenues and expenses over the life of each district. The City contacted each of the affected ta�Ying jurisdictions, including the County and school districts. Tonight's public hearing was part of the process. The City had complied with the publication requirements. The Fridley HRA approved the changes. Once the public hearing had been closed, there was a resolution on the agenda that would approve the changes. Ms. Pam Reynolds, 1241 Norton Avenue N.E., she said she did not understand what it was, how much money was involved, and what percentage it was. She said she knew it somehow directly reflected on how the HRA was funded. She asked what it meant to the average homeowner in any of those districts. Mr. Fernelius said tax increment financing was a redevelopment tool that the City used in order to fund redevelopment projects. The action would not affect homeowners. The City was updating its redevelopment plan so that it could comply with reporting requirements from the State. Ms. Reynolds asked if the tax increment financing had something to do with how the HRA got its funding. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 12 Mr. Fernelius said that was true for redevelopment projects that the HRA was involved in. Most of the projects that the HR.A engaged in over time were projects where there was a direct relationship to a developer, such as the Christenson Crossing development. The new taxes generated by that development assisted with recouping the development costs such as acquiring the properties and relocating residents. The action this evening was more of a budget exercise as opposed to an action to increase a levy or increase the amount of ta�ces that a particular district might generate. Councilmember Bolkcom said it did not matter where someone lived. It was a city-wide levy. Ms. Reynolds said that all of the TIF areas were within the areas that had been set aside as redevelopment areas. Mr. Fernelius agreed. Mr. Burns said they all represented a project or corporate project within a geographic location in Fridley. They did not represent any new projects. Councilmember Barnette said when Medtronic purchased their land and were going to build, they wanted to put in parking ramps. Part of the tax increment financing was�as they built on to their property and increased the value of the property and paid additional taxes, the additional taxes generated for a period of time were used to pay for the parking ramps. Once they were paid off, the new revenue would then go to the school districts, the city, the county and the state. It was an attempt to assist industries. Ms. Reynolds asked if it was City or HRA revenue. Councilmember Barnette said it was HRA. The City would not realize any additional taxes until such time as the parking ramps were paid off in 2025. Mr. Fernelius said in 2011, one-half of Medtronic's valuation would go on the taY rolls. Councilmember Bolkcom said the City wanted the parking ramp built. Mayor Lund asked Ms. Reynolds if they answered her question. Ms. Reynolds said they had, but she would do more research. She said that at the HRA meeting they were talking about dollars from one tax increment district being moved somewhere else because of Gateway East. Dr. Burns said part of the exercise was to correct deficits that existed in each of the taX increment districts and that was what they were talking about at the HRA meeting. There was no new net taxation for anyone in Fridley. Mayor Lund said legislation on the state level a couple of years ago made it increasingly difficult to do new TIF projects. FRIDLEY CIT� COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 13 Mr. Fernelius said as a result of the property tax reform, about one-third of the revenue from the ta�Y increment districts was diverted to the State. Mr. Richard Harris, 6200 Riverview Terrace N.E., said when he read the public hearing notice in the paper, it sounded like funds were being shifted from one group of districts to another district. Mr. Fernelius said there was no shifting of funds by this action. There were some inter-fund loans from the general fund to some of the individual districts. He said they were prohibited from pooling funds from one district to another. ` Mr. Harris asked if there was one district that was receiving the major part of the fund redistribution. Mr. Fernelius said there were 12 taY increment districts. The were four major tax increment districts: the Center City District, the Moore Lake District, the North Area Industrial District, and the Medtronic Development. Mr. Harris asked if any of the districts were almost paid off. Mr. Fernelius said they were. The first district to expire was TIF District 14 and that would begin in 2006. Moore Lake District eYpired in 2007, the North Area expired in 2008 and Center City in 2009. Over the next four or five years, the larger older districts would expire. What that meant was all of the increment generated in those districts would start going back to the taxing jurisdictions. Mr. Harris asked if that was reflected in the proposal. Mr. Fernelius said the budget for the individual districts was reflected in what was presented. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. RESOLUTION NO. 73-2003 MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1, _ 2, 3, 6, 7, 9, 10, 11, 12, 13, 14, 16 AND 17 TO REFLECT INCREASED PROJECT COSTS AND INCREASED BONDING AUTHORITY WITHIN REDEVELOPMENT PROJECT NO. 1. MOTION by Councilmember Bolkcom to adopt Resolution No. 73-2003. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 14 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 205, SECTIONS 205.13, 205.14, 205.15, 205.17, 205.18, 20519, 205.20 RELATED TO PARKING FOR A FURNITURE STORE USE IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS (ZONING TEXT AMENDMENT, ZOA #03-01, BY DAVID BAILLIE, FURNITURE OUTLETS USA, INC.) (WARD 3). Mr. Scott Hickok, Community Development Director, said that staff recommended approval of the first reading of this ordinance. At the last Council meeting there was discussion about - building elements on the site. He said a plan had been submitted by the developer that modified a portion of the building. _ Councilmember Bolkcom said this would allow a furniture store to have one parking stall for every 400 square feet of showroom space. Mr. Hickok agreed. MOTION by Councilmember Ann Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. INFORMAL STATUS REPORTS. Dr. William Burns, City Manager, stated that Call on the Council would be taped on Tuesday, December 9. Councilmember Bolkcom issued an invitation to a Christmas sale being held by the Banfill- Locke Center for the Arts. Councilmember Bolkcom said she would like to discuss sewer inspections and employee lay-offs after the Council meeting. Councilmember Barnette reminded the audience of a meeting to be held on Saturday, December 13, by the Town Center Developer at 2:00 p.m. at Sandee's Restaurant. Mayor Lund congratulated the Fridley Alumni Choir for an excellent performance on Sunday, December 7. Dr. Burns said the City's most recent newsletter was sent out to residents. � FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 2003 PAGE 15 ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Respectfully submitted, 0 - Roberta S. Collins Scott J. Lund Secretary Mayor � CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES DECEMBER 1�, 2003 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Nlayor 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 3, 2004 APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1182 AMENDING CHAPTER 205, SECTIONS 205.13, 205.14, 20515, 205.17, 205.18, 205.19 AND 205.20 RELATED TO PARKING FOR A FURNITURE STORE USE IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS (ZONING TEXT AMENDMENT, ZOA #03-01, BY DAVID BALLIE, FURNITURE OUTLETS USA, INC.) (WARD 3). Dr. William Burns, City Manager, said the legislation added language to Chapter 205.13 of the City Code that would establish parking requirements for furniture stores. The proposed standard was one space for every 400 square feet of showroom space. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1182 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2003 PAGE 2 2. APPROVE 2004 SIXTY-DAY ACTION APPLICATION DEADLINES FOR THE PLANNING AND APPEALS CONIMISSION MEETINGS. APPROVED. 3. RESOLUTION NO. 74-2003 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2003 BUDGET FOR JULY THROUGH NOVEiVIBER, 2003. Dr. William Burns, City Manager, said the changes were small and generally attributable to donations, insurance payments and unforeseen expenditures. General fund changes amounted to � $25,972. Most of that amount, $15,262, was for reimbursed police training. There was also an $8,609 adjustment to the Grant Management Fund and a$30,543 adjustment to the Streets Capital Improvements Fund. Staff recommended Council's approval. " ADOPTED RESOLUTION NO. 74-2003. 4. RESOLUTION NO. 75-2003 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR DELASALLE HIGH SCHOOL (BROADWAY BAR & PIZZA, 8298 UNIVERSITY AVENUE N.E.)(WARD 3). ADOPTED RESOLUTION NO. 75-2003. 5. APPROVE CHANGE ORDER NO. 2 TO HICKORY STREET WATERMAIN PROJECT NO. 350. Dr. William Burns, City Manager, said the amount of the change order was $2,156.42. It was required for paving that was needed to provide proper drainage. Staff recommended Council's approvaL APPROVED CHANGE ORDER NO. 2 FOR MIDWEST ASPHALT CORPORATION IN THE AMOUNT OF $2,156.42. 6. CLAIMS. APPROVED CLAIM NOS. 114513 THROUGH 114625. 7. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Dr. William Burns, City Manager, recommended approval of the consent agenda. No one in the audience spoke regarding the consent agenda items. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2003 PAGE 3 MOTION by Councilmember Barnette to adopt the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA. N10TION by Councilmember Bolkcom to adopt the agenda as submitted. Seconded by _ Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE ' MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Mr. Barney Buss, 6050 Fifth Street N.E., asked if they would be able to speak on the Brandes Place agenda item. Mayor Lund said they would be allowed to speak. No one else from the audience spoke. NEW BUSINESS: 8. RESOLUTION NO. 76-2003 CERTIFYING FINAL TAX LEVY REQUIRE- MENTS FOR 2004 TO THE COUNTY OF ANOKA. Mr. Richard Pribyl, Finance Director, said the resolution was for the 2004 tax levy. It complied with both State law and the City Charter requirements. The City passed a proposed levy in September in the amount of $6,758,745. The final levy was $6,483,745, or $275,000 less than the preliminary levy. The general fund in the amount of $6,372,785 made up the vast majority of the levy. Staff recommended Council's approval. MOTION by Councilmember Barnette to adopt Resolution No. 76-2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. ` 9. RESOLUTION NO. 77-2003 ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2004. . Mr. Richard Pribyl, Finance Director, said this item completed the truth-in-taxation process required by the State of Minnesota. Certification of the final budget must be to the County Auditor by December 29. The City complied with Section 7.04 of the City Charter. One of the FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2003 PAGE 4 major issues the City had to contend with in preparing the budget was the loss of $1,103,605 in local government aid in 2004. There were also other revenue-type losses based on the poor economy. Expenditures in all departments were reduced. The 2004 final budget was presented at the meeting on December 8, 2004, by the City Manager. At that meeting, there were no open issues to resolve and a continuation meeting was not necessary. Overall, there was a reduction of $1,280,527 or an 8.8 percent decrease in the budget. Staff recommended Council's approval. MOTION by Councilmember Bolkcom to adopt Resolution No. 77-2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. RESOLUTION NO. 78-2003 APPROVING A PLAT, P.S. #02-03, CHURCH OF ST. WILLIAM FIRST ADDITION, FOR THE PURPOSE OF CONSTRUCTING A 16-UNIT MULTI-FAMILY DEVELOPMENT, GENERALLY LOCATED AT 6160 FIFTH STREET N.E. (WARD 1). MOTION by Councilmember Billings to approve Resolution No. 78-2003. Seconded by Councilmember Bolkcom. MOTION by Councilmember Billings to substitute the amended Resolution No. 78-2003, with a change in the paragraph related to plat stipulations, which should read as "Exhibit A." Seconded by Councilmember Bolkcom. Mr. Knaak, City Attorney, said there were certain things that had to appear of record for this kind of an organization to transfer property. Chapter 315.12 of Minnesota Statutes, required that something had to have been filed which indicated that the organization had been put together, what the structure was, and who the trustees were at the time of its formation. That happened in 1963 for St. William's. If someone attests, it was a sworn statement and the fact that it was made by an archbishop did not matter. What mattered as far as the law was concerned was the person was a trustee on the board. As the Archbishop, he was a named member of the board. He attested to the transaction, having the authority to do so. The statute was very clear. It stated that the facts contained therein are presumptive evidence. Mr. Edmond Sworsky, 491 — 61St Avenue N.E., said he was concerned because he was told that this was what the housing committee said Fridley wanted. Pretty soon there would not be any small houses. The homes on 57`�' Avenue were not very aesthetic. There was a lot of traffic in his area now. He said they had more than their shaze of affordable housing. Councilmember Barnette said he understood what Mr. Sworsky was saying, but the only thing they could deal with now was this particular issue on Brandes Place. Mr. Sworsky thought it was connected. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2003 PAGE 5 Mr. Chuck Jones, resident of Fridley and a parishioner of St. William's Church, said when this started, he was the Parish Council President at St. William's. At the time, the people on the Parish Council felt it was a good idea to help give people a start. As things started escalating and changing on that property, they were informed that they needed to get the property rezoned and then go to the next step. The information they received from Council was if it did not get rezoned, that would squash it and the property would still be St. William's. They then found out there was a deal. After they found out about that, he, Father Whalen and a few other parishioners told Council that after reviewing the whole process and after looking over the plan and the way it was set up, they did not want the project to go through. They felt that there was so much dissension among the people of St. William's and the neighborhood. In the process, the archdiocese got involved. The Archbishop is on the board for voting on this project for the church and was also one of the voting members for Catholic Charities. He asked who had the deed for the property--Father Whalen and St. William's or the Archbishop. They thought it might not be the right time for the property. They even had second thoughts about Catholic Charities. He said he was at the Council meeting as a parishioner of St. William's. There was still a lot of dissension among the people of St. William's. The people in the neighborhood were still upset. Mayor Lund said the matter was voted against initially. The City was sued because of its decision and went to mediation on the matter. He said they were told by the .City's attorneys in the matter they did not have a chance of winning. He was unwilling to spend a lot of the taxpayers' money to fight a lawsuit. Councilmember Barnette said in July he asked who owned the property. Since the County approved the mylars, they have said Archbishop Flynn signed the papers as president of the corporation. Attorney Knaak said Archbishop Flynn signed on behalf of the corporation and the religious association that was St. William's. Councilmember Bolkcom asked why members of the parish had not filed an injunction or filed a lawsuit. Mr. Jones said he was not sure. Mr. Russ Sykora, 6271 Sixth Street N.E. said he heard Mr. Jones say that the archbishop was also on the board of Catholic Charities. He asked if there was a conflict of interest. Councilmember Bolkcom said it was not for them to decide. Mayor Lund agreed. Mr. Les Sykora said up to about a year ago, there was a large Catholic parish in Eden Prairie. Their priest was getting elderly and ready to retire. They refused to accept a ne�v priest from the archdiocese and hired their own. He said to him it meant that the parish could separate from the archdiocese if they wanted to. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2003 PAGE 6 Councilmember Barnette said that was a question they could not answer. Ms. Joanne Zmuda, 60� 1 Fourth Street N.E., said she was heartsick and disappointed that the issue was before them again. Traffic would still be an issue. The safety of the families and elderly in the neighborhood will still be an issue. Overcrowding in the schools would still be an issue. Demands on City services would still be an issue. There would be very little coming back from the project that would help with those problems. The audacity of Catholic Charities and the archdiocese to continue to push the project through was impossible to comprehend. It was obvious the will of the people was not prevailing in this case. For the attorneys of the partnership to take advantage of a little known law, was reprehensible and a slap in the face to _ the citizens of Fridley. She did not believe the project would be an asset to the neighborhood or that it would not affect their property values. It would be nice if it was offered that Sandee's get together with St. William's and put the project there. She said the plat said "first addition." She " asked if there would be a"second addition." Councilmember Wolfe said about the comment that the Sandee's project would be welcome, the neighbors in that azea have spoken. Ms. Zmuda said that they would not mind a senior building. She did not have a problem with that. Councilmember Barnette said when he heard about the matter, he felt strongly that the people involved should know about it and it was his intention to table it. The more he thought about it and listened, he did not think anything would change if it was tabled. He thought people had been informed. Some parishioners were in the audience. If anything happened beyond this, it should be taken up between the parish and the archdiocese. From the standpoint of the City, who owned the property and who signed off on the deed was answered. Mayor Lund said there was a motion before Council. Councilmember Barnette asked that it be repeated. Councilmember Billings said it was a motion to adopt an amended resolution. Councilmember Barnette asked if any substantive changes were made. Mayor Lund said there were some terminology changes. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER BARNETTE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 3 TO 2 VOTE. � 11. INFORMAL STATUS REPORTS. Dr. William Burns said that after the meeting he would like to discuss Tuesday evening hours. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2003 PAGE 7 ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE 1�IOTION CARRIED UNANIVIOUSLY AND THE MEETING WAS ADJOURNED. Respectfully submitted, � Roberta S. Collins Secretary 0 Scott J. Lund Mayor = AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 cmr oF FRIDIEY Date: January 22, 2004 To: William Burns, City Manager ��1� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coo�dinator Stacy Stromberg, Planner Subject: Second Reading of a Rezoning Request, ZOA #03-04, RAS Properties M-04-12 INTRODUCTION Rolland Stinski, RAS Properties, and the owner of 450 and 476 75th Avenue is requesting to rezone the properties located at 351 74`h Avenue, 361 74"' Avenue, 371 74t'' Avenue, 389 74`h Avenue, 415 75`h Avenue, 7400 Lyric Lane, 350 75th Avenue, 460 75`h Avenue, 450 75`h Avenue and 476 75"' Avenue from R-1 Single Family (460 75t'' Avenue) and R-2, Two Family Units to R-3, Multi-Family. The petitioner has contacted all of the above properly owners regarding the rezoning request and since the 1� reading at the City Council on January 5, 2004, has received signatures and approvals from all of them. Currently, there are a number of apartment buildings in the City that are zoned R-2, Two Family and used to house multi-family buildings. All of these buildings are pre-existing non- conforming due to the revision of the R-2 code in the 1960's. City Staff asked the City Council and the various Commissions on their 2001 Council/Commission survey if they were interested in having staff initiate a rezoning process for all these properties to make them conforming. The results of the 2001 survey indicated that the Council preferred to evaluate each of the properties on a case by case basis and wait for the individual property owners to come to us. Therefore, the petitioner has submitted the current rezoning request. PAST COUNCIL ACTION At the January 5, 2004, City Council meeting, a public hearing was held for ZOA #03-04 and the first reading was approved for ZOA #03-04. THE MOTION CARRIED UNAMIOUSLY. PLANNING COMMISSION RECOMMENDATION At the December 17, 2003, Planning Commission meeting, a public hearing was held for ZOA #03-04. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA #03-04. 1 THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends the Council hold the second reading of an ordinance for the approval of the rezoning ZOA #03-04. Z ORDINANCE NO. � ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the Ciry of Fridley does ordain as foilows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition; and, That part of the east'/ of the no�thwest'/. of Section 11, Township 30, Range 24 described as following: beginning at the intersection of south right-of-way line of 75�h Avenue NE & southerly extension of west line of Block 1 Osbome Manor, thence south along said extended 161.33 ft, thence east paraflel with said right-of-way line 270 ft. +or- to Southerly extension of east line of said Block 1, thence north along said southerly extension to said south right-of-way line, thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2 (Two Family Units) to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26�h DAY OF JANUARY, 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: January 5, 2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publication: February 5, 2004 �� SCOTT J. LUND — MAYOR CITY OF FRIDLEY PLANNING COMMISSION MINUTES JAN UARY 7, 2004 CALL TO ORDER: Chairperson Kondrick called the January 7, 2004, Planning Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Barb Johns, Larry Kuechle, Dean Saba, Dave Kondrick, LeRoy Oquist, Brad Dunham Members Absent: Diane Savage Others Present: Stacy Stromberg, Planner Doug Petty, Pro-Form Thermal Systems, Inc. Brad Bozich, Malton Equipment Company Patricia Paraschuk, Wallboard, Inc. Concie Rajamannan & Chapman Mayo, AGRO-K Corporation Mr. Ken Solie . APPROVE PLANNING COMMISSION MINUTES OF DECEMBER 17 2003 MOTION made by Mr. Oquist, seconded by Mr. Kuechle, to approve the December 17, 2003, minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. AGENDA Chairperson Kondrick stated that the people representing SP #03-22 had not yet arrived and recommended moving item 1 to the end of the agenda. MOTION made by Mr. Saba, seconded by Ms. Johns, to approve the agenda as written and move Item 1 to the end of the agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-23, by Malton Equipment Company, to allow for limited outdoor storage in a Heavy Industrial Zoning District, generally located at 7580 Commerce Lane NE. MOTION made by Mr. Saba, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPEN AT 7:34 P.M. � Planning Commission Meeting, January 7, 2004 Page 2 Ms. Stromberg stated the petitioner, Brad Bozich, General Manager of Malton Equipment Company is seeking a special use permit to allow limited outdoor storage of pallets, fiberglass tooling, a metal recycling bin and miscellaneous materials associated with the business in the rear yard of the property off of Osborne Road. Ms. Stromberg stated the property is located on the corner of Commerce Lane and Osborne Road and is zoned M-2 Heavy Industrial as are the properties to the north, west and south. The property to the east is a commercial complex and is zoned C-2 General Business. The existing building was constructed in 1972 with an addition being constructed in 1974. Ms. Stromberg stated the City Code allows the limited outdoor storage in industrial districts with a special use permit as long as nine specific code requirements are being met. Those specific requirements relate to: height, screening, parking, amount of outdoor storage, and types of materials allowed to be stored outdoors. The petitioner is meeting or exceeding all of those requirements. Ms. Stromberg stated City staff recommends approval of this special use permit with stipulations as limited outdoor storage is permitted under a special use permit in the M-2 Heavy Industrial Zoning District. Ms. Stromberg stated City staff recommends that if a special use permit is granted the following stipulations be attached: 1. Existing gate to have slats installed in order to comply to with code requirements by August 1, 2004. 2. No outdoor storage other than the storage of items used for this business. Mr. Kuechle stated it seemed unusual to have four of this type of petitions at one meeting and questioned why this has occurred at this particular time. Ms. Stromberg stated that Stephanie Hanson, Fridley Code Enforcement Officer, was doing inspections of all commercial and industrial properties in Fridley and noticed that several properties have outdoor storage without a special use permit. Ms. Hanson gave those property owners until the end of 2003 to apply for their special use permit to become in compliance with the code requirements. These four property owners applied by our last 2003 deadline. Mr. Bozich stated they had two facilities, one in northern Minnesota and one in Fridley. The company has been there since 1991 and that up until they received Ms. Hanson's letter, the company was unaware of the requirement of a special use permit. He stated he had met with the Planning Coordinator along with the development committee to understand what the requirements were for the outdoor storage permit. He stated that the owner of the property, Sun Pine Properties, had stored some items and one of the vendors that did plowing and lawn care also stored some equipment there. The company has removed almost 8,000 square feet of items being stored and are currently down to 4,000. Mr. Kondrick asked if Mr. Bozich understood the stipulations and how they apply to allow the outdoor storage. Mr. Bozich stated that they had no problem complying with the stipulations. Mr. Kondrick stated he lived close to the company and had never seen the gate open. 5 Planning Commission Meeting, January 7, 2004 Page 3 Mr. Bozich stated that Mayflower had installed the gate to allow access for fire trucks to the back of the facility. He stated that since access is on Osborne Road it takes either the Plant Manager or his approval to open the gate. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 7:43 P.M. MOTION by Ms. Johns, seconded by Mr. Kuechle, to recommend to City Council approval of Special Use Permit #03-23, by Malton Equipment Company, to allow for limited outdoor storage, generally located at 7580 Commerce Lane NE, with the flowing stipulations: 1. Existing gate to have slats installed in order to comply with code requirement by August 1, 2004. 2. No outdoor storage other than storage of items used for this business. Mr. Kondrick said this request will be heard by the City Council on January 26, 2004. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-24, by Wallboard, to allow for limited outdoor storage in a Heavy Industrial Zoning District, generally located at 5346 Industrial Blvd. NE. MOTION made by Mr. Kuechle, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:45 P.M. Ms. Stromberg stated the petitioner, Patricia Paraschuk, owner of Wallboard, Inc., is seeking a special use permit to allow limited outdoor storage of steel studs and other accessories related to the building trade which are used for her business in the side and rear yards of the property. The property is zoned M-2 Heavy Industrial as are all surrounding properties. Wallboard, Inc. purchased the property in 1994 and constructed the existing building in 1996. A storage building was constructed in 2001. Wallboard, Inc. is in sales and distribution of building materials. Ms. Stromberg stated City Code allows limited outdoor storage in the Industrial District with a special use permit as long as nine specific code requirements are met. Drywall, insulation and other building materials are stored indoors, and steel studs and other accessories are stored outdoors. The petitioner is requesting this special use permit to allow outdoor storage. The perimeter of the property is fenced and landscaped and the petitioner plans to install slats in the existing fence to meet the outdoor storage screening requirement. �� Planning Commission Meeting, January 7, 2004 Page 4 Ms. Stromberg stated that as stated in the petitioners' narrative, dozens of trucks of building materials are received and shipped on a daily basis, and that the majority of their inventory turns over quickly. In order for order for their business to survive, this daily activity needs to commence. Ms. Stromberg stated City staff recommends approval of the special use permit with stipulations as limited storage is permitted in the M-2 Heavy Industrial Zoning District. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall be responsible for screening the limited outdoor storage area in order to comply with code requirements by August 1, 2004. 2. Outdoor storage cannot exceed 12 feet in height or exceed 50% of the principal buildings footprint. 3. Petitioner to provide City staff with a site plan showing the outdoor storage locations prior to the City Council meeting of January 26, 2004. 4. Trailers located outside of the existing fence and within the public right-of-way shall be removed. 5. No outdoor storage other than the storage of items used for this business. Mr. Kondrick asked if the City had allowed any outdoor storage higher than 12 feet. Ms. Stromberg stated that the current code does not. Mr. Oquist stated stipulation No. 2 states "exceeds 50% of the principal building footprint," and asked if it the outdoor storage exceeds 50% of the buildings footprint? Ms. Stromberg stated Wallboard has submitted a drawing and calculations of the square footage of the existing outdoor storage and it is currently, 14,000 square feet and they are allowed to have 15,000 feet of outdoor storage. Ms. Paraschuk, owner stated she has owned the property since 1984. The property was purchased based on an approval from the City of 15-foot height and that she was unaware that a special use permit was required. She stated she was in agreement with everything but that the 15 foot is a necessity for the everyday business. Mr. Kondrick questioned the need of the 15 foot for the outdoor storage. Ms. Paraschuk stated the steel studs are stored on racks which have a brace with arms and to remove it would be prohibitive and would not have enough storage space for the studs ranging from 8 to 28 feet. She requested that she be permitted to retain the 15-foot height. Mr. Kondrick asked if the racking system could be modified to accommodate the 12-foot height. Ms. Paraschuk stated she would not have enough space since she would be removing one arm. She stated the actual storage of the studs themselves is approximately 13 to14 feet high but the base rack is higher so the arms would show. 7 Planning Commission Meeting January 7 2004 Page 5 Mr. Kondrick asked if the vertical portions of the racks are 15 feet and are stored horizontally. Ms. Paraschuk stated that was correct. She stated she did not believe that it is possible to cut the base because of the braces and the integrity would be compromised. Mr. Kondrick asked the height of the fence. Ms. Paraschuk stated she believed it to be only 6-7 feet. She stated that prior to purchasing the land she contacted the City and based on a letter from the City, she had soil borings done and everything that was required to build the building. She purchased the land in November based on the letter. Mr. Kondrick asked Ms. Stromberg about the letter and what the City could do regarding the fence. Ms. Stromberg stated the letter was written by Barb Dacy, previous Community Development Director, in 1994 and the old code allowed incidental outdoor storage to be 15 feet in height, however outdoor storage on this property has never been incidental, so therefore, it has always been a violation. Mr. Kondrick stated that since the business is based on 15 feet and the letter given her, this issue needs to be resolved. Ms. Stromberg stated the current code does state 12 feet and anything other than 12 feet would require a variance. Mr. Oquist asked if Ms. Paraschuk could apply for a special use permit and go to the Appeals Commission for a variance. Ms. Stromberg stated Ms. Paraschuk would have to go to the Appeals Commission for a variance to have anything other than 12 foot. Mr. Kondrick asked if the Commission could recommend that it be put back to the Appeals Commission. Mr. Kondrick stated the Commission could go up or down on her petition for outdoor storage but she will not be in compliance for the 15 feet but felt that the City staff would defer any penalties until the petition went to the Appeals Commission and the Council. Mr. Oquist stated that stipulation 2 could be changed by adding "without a variance." It would then be understood that Ms. Paraschuk would need to request a variance. Mr. Kuechle stated that there is a special commission that handles appeals and stated that the Commission would go along with the permit except for the 15 foot height and that Ms. Paraschuk would need to go before the Appeals Commission. Mr. Kondrick asked Ms. Paraschuk if the height was the only stipulation she had an issue with. Ms. Paraschuk stated absolutely. Mr. Kuechle asked about a deadline to appear before the Appeals Commission. : Planning Commission Meeting, January 7, 2004 Page 6 Mr. Saba asked if Ms. Paraschuk could petition for the variance before the City Council meeting on January 26 or if the Council would have to table it until the variance is either approved or disapproved. Mr. Kuechle stated that the outdoor storage could be approved at the 12 foot with the understanding that Ms. Paraschuk will need to apply for a variance. Mr. Kondrick stated Ms. Paraschuk will need to apply for a variance within 60 days. MOTION by Mr. Saba, seconded Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 8:02 P.M. MOTION by Mr. Kuechle, seconded by Mr. Dunham, to recommend to City Council approval of Special Use Permit #03-24, by Wallboard Inc., to allow for limited outdDOr storage, generally located at 5346 Industrial Blvd. NE, with the following stipulations: 1. The petitioner shall be responsible for screening the limited outdoor storage area in order to comply with code requirements by August 1, 2004. � 2. Outdoor storage cannot exceed 12 feet in height or exceed 50% of the principal buildings footprint. 3. Petitioner to provide City staff with a site plan showing the outdoor storage locations prior to the City Council meeting of January 26, 2004. 4. Trailers located outside of the existing fence and within the public right-of-way shall be removed. 5. No outdoor storage other than the storage of items used for this business. 6. The petitioner shall apply for a variance within 60 days of approval of this special use permit request or comply with the 12 foot height requirement for outdoor storage. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-25, by Agro-K Corporation, to allow for limited outdoor storage in a Heavy Industrial Zoning District, generally located at 8030 Main Street NE. MOTION made by Mr. Saba, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:05 P.M. Ms. Stromberg stated the petitioner, Ms. Rajamannan of AGRO-K Corporation, is seeking a special use permit to allow limited outdoor storage of empty 55-gallon drums in a 30 foot by 50 foot area located near the loading docks in the rear yard of the property. The empty barrels will be stored outside until they can be picked up for recycling. � � Planning Commission Meeting, January 7, 2004 Page 7 Ms. Stromberg stated the property is located on Main Street and 815t Avenue and is zoned M-2 Heavy Industrial as are the properties to the east and south. The property to the north and west are zoned M-3 Outdoor Intensive Heavy Industrial. The existing building was constructed in 1995. Ms. Stromberg stated City Code allows limited outdoor storage in the Industrial District with a special use permit as long as nine specific code requirements are met. The petitioner is meeting or exceeding all the requirements. Ms. Stromberg stated City staff recommends approval of the special use permit with stipulations as limited outdoor storage is permitted under special use permit in the M-2 Heavy Industrial Zoning Districts. Ms. Stromberg stated that Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Screening gate to be closed to allow proper screening. 2. No outdoor storage other than the storage of items used for this business. Mr. Oquist asked if there were any environmental concerns regarding the barrels. Ms. Stromberg stated the barrels are completely cleaned and rinsed out inside the building so there is no environmental concern. Ms. Concie Rajamannan and Chapman Mayo, vice president of the company, were present. Mr. Mayo stated the gate is open only during business hours. He stated that there were other areas less visible from the street, but they are not paved. He stated that they receive a lot of barrels with raw materials and that the barrels are reused to ship out the final product. He stated that the stored barrels are not of good quality and could not be reused to ship out the final product. The recycling company can fit about 100 to 125 barrels on the truck and that the company is charged not only by barrel but also by trip. Mr. Kondrick asked if the gate could be closed more frequently during the day. Mr. Mayo stated there are approximately 3 to 4 deliveries per day and on some days there can be from 6 to 8 shipments going out. The truck driver would have to enter the front of the building to have the gate opened or open it himself. Ms. Johns stated the gate entrance was rather large and asked if a truck would be able to enter if half the gate were kept closed. Mr. Mayo stated there was approximately a 25 foot opening but that the trucks would probably not fit through if just one gate remained opened. Mr. Kuechle asked if there could be a secondary screening so that the barrels would not be visible if the gates were to remain open. Mr. Mayo stated that additional screening could be installed with a door that would permit entrance to the area. i [�� Planning Commission Meeting, January 7, 2004 Page 8 Mr. Kondrick asked if a fence were constructed another 6 to10 feet towards the street from the current location of the barrels, would that affect how the barrels would be stored. Mr. Mayo stated the barrels are moved by forklift so there would need to be an opening that would allow access. Mr. Mayo asked what the height of the fence could be. Mr. Kondrick stated 5 to 6 feet to cover the barrels. Mr. Solie, 17 Silver Lane in St. Anthony, stated he owns property directly south of AGRO-K. He had talked to City staff and AGRO-K about the possibility of rezoning his property and that of AGRO-K to M-3 like the properties on the west and north and how the Commission would feel about that type of application. Mr. Kondrick stated that it would be something for City staff, who is more informed about those particular things than the Commission. Mr. Kondrick asked Ms. Stromberg regarding Mr. Solie's concerns. Ms. Stromberg stated Mr. Solie had spoken with Scott Hickok, Community Development Director and Paul Bolin, Planning Coordinator about rezoning his property from M-2 Heavy Industrial to M-3 Outdoor Intensive Heavy Industrial which would allow outdoor storage without a special use permit. The best way to rezone Mr. Solie's property would be to rezone the AGRO-K property. Both property owners would need to be interested in a rezoning change. Mr. Saba asked if the screening requirements would still hold. Ms. Stromberg stated it would still apply but they could have outdoor storage without having to apply for a special use permit. MOTION by Mr. Oquist, seconded Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 8:22 P.M. Mr. Kondrick stated that an "or" could be added to stipulation 1 to close the gate or add additional screening in front of the barrels. MOTION by Mr. Oquist, seconded by Mr. Dunham, to recommend to the City Council approval of Special Use Permit #03-25, by AGRO-K Corporation, to allow for limited outdoor storage, generally located at 8030 Main Street NE, with the following stipulations: 1. Screening gate to be closed to allow proper screening or petitioner to provide an additional screening fence in front of the barrels to screen them from the public right-of- way. 2. No outdoor storage other than the storage of items used for this business. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 11 Planning Commission Meeting, January 7, 2004 Page 9 Mr. Kondrick said this request will be heard by the City Council on January 26, 2004. 4. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-22, by Pro-Form, to allow for limited outdoor storage in a Heavy Industrial Zoning District, generally located at 7805 Beech Street NE. MOTION made by Ms. Johns, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:24 P.M. Ms. Stromberg stated the petitioner, Doug Petty, owner of Pro-Form Thermal Systems, Inc., is seeking a special use permit to allow limited outdoor storage at his business located at the corner of Beech Street and 78th Avenue. The petitioner is requesting to maintain an existing enclosed storage area of 33 feet by 35 feet located behind his building to store construction equipment such as cement mixers, steel angle and I-beams, steel posts and other miscellaneous equipment used for his business. The property is zoned S-3 Heavy Industrial, Onaway Addition as are all surrounding properties. The original building was constructed in 1968 with an addition being constructed in 1971. Ms. Stromberg stated the City Code allows the limited outdoor storage in industrial districts with a special use permit as long as nine specific code requirements are being met. Those specific requirements relate to: height, screening, parking, amount of outdoor storage and types of materials allowed to be stored outdoors. The petitioner meets all of those specific code requirements. Ms. Stromberg stated the storage area is located behind the building off of the alley and that 5,000 square feet of outdoor storage is allowed. City staff recommends approval of this special use permit with stipulations as limited outdoor storage is a permitted special use in the S-3, Heavy Industrial, Onaway Addition Zoning District. Ms. Stromberg stated staff recommends that if this special use permit is granted, the following stipulations be attached. 1. Any existing outdoor storage on the site shall be removed or properly stored in the screened storage area by February 1, 2004. 2. No outdoor storage other than the storage of items used for this business. Mr. Oquist asked the height of the fence behind the property that shields the storage area. Ms. Stromberg stated it is 8 feet in height. Mr. Kondrick asked if the fence could be extended to the building so that the exposed material would be screened in. Ms. Stromberg stated it could. 12 Planning Commission Meeting, January 7, 2004 Page 10 Mr. Petty stated that they currently are constructing a second facility in Blaine and will be able to move into that building on March 1, 2004 and asked if the February 1, 2004 requirement could be extended one month to March 1, 2004. He stated that the material will be cleaned up and remain below the fence. MOTION by Mr. Saba, seconded by Ms. Johns, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 8:32 P.M. MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend to City Council approval of Special Use Permit #03-22, by Pro-Form, to allow for limited outdoor storage, generally located at 7805 Beech Street NE, with the following stipulations, 1. Any existing outdoor storage on the site shall be removed or properly stored in the screened storage area by March 1, 2004. 2. No outdoor storage other than the storage of items used for this business. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated this item will go to City Council on January 26, 2004. Mr. Kuechle stated there are a lot of businesses in that area that have unsightly outdoor storage and asked if those areas were being cleaned up or if there were still issues pending. Ms. Stromberg stated Stephanie Hanson, who was the Code Enforcement Officer, had done a sweep through the Onaway District and notified all the property owners of their outdoor storage violations. The City held a meeting with the owners to discuss their outdoor storage and made them aware that a special use permit would need to be granted in order to keep it. 5. RECEIVE THE MINUTES OF THE DECEMBER 1. 2003. PARKS � RECREATION COMMISSION MEETING MOTION made by Mr. Oquist, seconded by Ms. Johns, to receive the December 1, 2003, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Kondrick stated that Dick Young who has been a 25-year member of the Commission will be leaving on April 1, 2004 and will be sorely missed. 6. RECEIVE THE MINUTES OF THE DECEMBER 10, 2003. APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Mr. Saba, to approve the December 10, 2003 Appeals Commission meeting minutes. 13 Planning Commission Meeting, January 7, 2004 Page 11 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS Ms. Stromberg updated the Commission on recent Council actions. Ms. Stromberg informed the Commission that the January 215` and February 4�' meetings are cancelled. ADJOURNMENT MOTION by Saba, seconded by Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE JANUARY 7, 2004, PLANNING COMMISSION MEETING ADJOURNED AT 8:38 P.M. Stacy S City Pla 14 � � qTY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 2S, 2004 January 8, 2004 William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-22, Pro-form Thermal Systems � M-04-08 INTRODUCTION The petitioners, Doug and Yvonne Petty, owners of Proform Thermal Systems, Inc., are seeking a special use permit to allow limited outdoor storage at their business, which is located at 7805 Beech Street. The petitioners are requesting to maintain the existing enclosed storage area of 33 ft. by 35 ft. located behind their building to store construction equipment, such as cement mixers, steel angle and I-beams, steel posts, and other miscellaneous equipment used for their business. City Code allows limited outdoor storage in the industrial districts with a special use permit as long as 9 specific code requirements are met. Those specific requirements relate to height, screening, parking, amount of outdoo� storage and the types of materials allowed to be stored outside. The petitioner is meeting all of those specific requirements. PLANNING COMMISSION RECOMMENDATION At the January 7, 2004, Planning Commission meeting, a public hearing was held for SP #03-22. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-22, with a modification to stipulation #1 that allowed the petitioner until March 1, 2004 to remove any existing outdoor storage on the site. Stipulation #2 was approved as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 15 STIPULATIONS 1. Any existing outdoor storage on the site shall be removed or properly stored in the screened storage area by March 1, 2004. 2. No outdoor storage other than the storage of items used for this business. 16 City of Fridley Land Use Application SP #03-22 January 7, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Douglas and Yvonne Petty 7805 Beech Street NE Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage of materials in a S-3, Heavy Industrial, Onaway Addition. Existing Zoning: S-3 (Heavy Industrial, Onaway Addition) Location: 7805 Beech Street Size: 26,865 sq. ft. .62 acres Existing Land Use: Industrial SuROUnding Land Use & Zoning: N: Industrial & S-3 E: Industrial & S-3 S: Industrial & S-3 W: Industrial & S-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.25.04.C.12 requires a special use permit to allow limited outdoor storage. Zoning History: 1911 — Lot is platted. 1968 — Building constructed. 1971 — Addition to building. - Legal Description of Property: Lots 28-30, Block 2, Onaway Addition Public Utilities: Building is connected. Transportation: The property can be accessed from Beech Street and 78`h Avenue. Physical Characteristics: Building, hard surface yard and parking area and landscaping. 1 SUMMARY OF PROJECT The petitioner, Mr. and Mrs. Petty are seeking a special use permit to allow exterior storage at their property, which is located at 7805 Beech Street. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the S-3, Onaway Heavy Industrial district, provided specific code requirements are met. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 26, 2004 60 Day — February 2, 2004 Outdoor Storage Location Staff Report Prepared by: Stacy Stromberg SP #03-22 REQUEST The petitioners, Doug and Yvonne Petty, owners of Proform Thermal Systems, lnc., are seeking a special use permit to allow limited outdoor storage at their business, which is located at 7805 Beech Street. The petitioners are requesting to maintain the existing enclosed storage area of 33 ft. by 35 ft. located behind their building to store construction equipment, such as cement mixers, steel angle and I-beams, steel posts, and other miscellaneous equipment used for their business. ANALYSIS The property is zoned S-3, Heavy Industrial, Onaway Addition as are all surrounding properties. It is located on the corner of Beech Street and 78th Avenue. The original building was constructed in 1968, with an addition being constructed in 1971. The subject property is .62 acres in size. In 1998, the City created a new zoning district for industrial lots below one and a half acres in size, with special attention to the Onaway Addition. The creation of this zoning district allowed lots in the Onaway Addition to become in- compliance with the code as it recognized the small lot sizes. Existing Building City Code allows limited outdoor storage in the industrial districts with a special use permit as long as 9 specific code requirements are met. Those specific requirements relate to height, screening, parking, amount of outdoor storage and the types of materials allowed to be stored outside. The petitioner is meeting all of the those specific requirements. : As stated above, the petitioners are seeking this special use permit to maintain the existing enclosed storage area of 33 ft. by 35 ft. located behind their building to store construction equipment, such as cement mixers, steel angle and I-beams, steel posts, and other miscellaneous equipment used for their business. Existing Enclosed Storage Area City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval as limited outdoor storage is permitted under a special use permit in the S-3 Heavy lndustrial, Onaway Addition zoning district. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Any existing outdoor storage on the site shall be �emoved or properly stored in the screened storage area by February 1, 2004. 2. No outdoor storage other than the storage of items used for this business. � / AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 26, 2004 cmr oF FRIDLEY Date: January 8, 2004 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-23, Malton Equipment Company � M-04-07 INTRODUCTION The petitioner, Brad Bozich, of Malton Equipment Company is seeking a special use permit to allow limited outdoor storage at the business, which is located at 7580 Commerce Lane. The petitioner is requesting to store pallets, fiberglass tooling, a metal recycling bin and other miscellaneous materials associated with the business, in the rear yard of the property. City Code allows limited outdoor storage in the industrial districts with a special use permit as long as 9 specific code requirements are met. Those specific requirements relate to height, screening, parking, amount of outdoor storage and the types of materials allowed to be stored outside. The petitioner is meeting all of those specific requirements. PLANNING COMMISSION RECOMMENDATION At the January 7, 2004, Planning Commission meeting, a public hearing was held for SP #03-23. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-23, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Existing gate to have slats installed in order to comply to with code requirements by August 1, 2004. 2. No outdoor storage other than the storage of items used for this business. 20 City of Fridley Land Use Application SP #03-23 January 7, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Malton Equipment Company Brad Bozich 7580 Commerce Lane NE Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage of materials in the M-2, Heavy Industrial zoning district. Existing Zoning: M-2 (Heavy Industrial) Location: 7580 Commerce Lane Size: 129,000 sq. ft. 2.96 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-2 E: Commercial complex 8� G2 S: Industrial & M-2 W: Industrial & M-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.12 requires a special use permit to allow limited outdoor storaqe. Zoning History: 1965 — Lot is platted. 1972 — Building constructed. 1974 — Addition to building. 1991 — Loading dock constructed. Legal Description of Property: Lot 1, Block 4, Commerce Park Addition. Public Utilities: Building is connected. Transportation: The property can be accessed from Commerce Lane and Osborne Road. Physical Characteristics: 21 Building, hard surface ya�d and parking area and landscaping. SUMMARY OF PROJECT The petitioner, Mr. Bozich of Malton Equipment Company, is seeking a special use permit to allow exterior storage in the rear yard of the property located at 7580 Commerce Lane. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial district, provided specific code requirements are met. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 26, 2004 60 Day — February 2, 2004 Staff Report Prepared by: Stacy Stromberg SP #03-23 REQUEST The petitioner, Brad Bozich, of Malton Equipment Company is seeking a special use permit to allow timited outdoor storage at the business, which is located at 7580 Commerce Lane. The petitioner is requesting to store pallets, fiberglass tooling, a metal recycling bin and other miscellaneous materials associated with the business, in the rear yard of the property. ANALYSIS The property is zoned M-2, Heavy Industrial, as are the prope�ties to the north, west and south. The property to the west is a commercial complex and is zoned C-2, General Business. The subject property is located on the corner of Commerce Lane and Osborne Road. The existing building was constructed in 1972, with an addition being constructed in 1974. A loading dock was added to the building in 1991. Existing Building City Code allows limited outdoor storage in the industrial districts with a special use permit as long as 9 specific code requirements are met. Those specific requirements relate to height, screening, parking, amount of outdoor storage and the types of materials allowed to be stored outside. The petitioner is meeting or exceeding all of the requirements. 22 As stated above, the petitioner is requesting this special use permit to store pallets, fiberglass tooling, a metal recycling bin and other miscellaneous materials associated with the business, in the rear yard of the property. Location of Outdoor Storage City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval as limited outdoor storage is permitted under a special use permit in the S-3 Heavy Industrial, Onaway Addition zoning district. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1, Existing gate to have slats installed in order to comply to with code requirements by August 1, 2004. 2. No outdoor storage other than the storage of items used for this business. 23 � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 Date: January 8, 2004 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-25, AGRO-K Corporation � M-04-09 INTRODUCTION The petitioner, Concie Rajamannan, of AGRO-K Corporation is seeking a special use permit to allow limited outdoor storage at the business, which is located at 8030 Main Street. The petitioner is requesting to store empty 55-gallon drums in a 30 ft. by 50 ft. area located near the loading dock in the rear yard of the property. The empty barrels will be stored outside until they are picked up to be recycled. City Code allows limited outdoo� storage in the industrial districts with a special use pe�mit as long as 9 specific code requirements are met. Those specific requirements relate to height, screening, parking, amount of outdoor storage and the types of materials allowed to be stored outside. The petitioner is meeting or exceeding all of those specific requirements. PLANNING COMMISSION RECOMMENDATION At the January 7, 2004, Planning Commission meeting, a public hearing was held for SP #03-25. During the public hearing, the petitioner stated that closing their existing gate during the work day isn't an option, as many trucks a day come and go to ship and receive their products. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-25, with a change in stipulation #1 to read, "Screening gate to be closed to allow proper screening or petitioner to provide an additional screening fence in front of the barrels to screen them from the public right-of-way." Stipulation #2 was approved as presented. THE MOTION CARRIED UNANIMOUSLY. 24 PLANNING STAFF RECOMMNEDATION City Staff recommends concuRence with the Planning Commission. STIPULATIONS 1. Screening gate to be closed to allow proper screening or petitioner to provide an additional screening fence in front of the barrels to screen them from the public right-of- way. 2. No outdoor storage other than the storage of items used for this business. 25 City of Fridley Land Use Appiication SP #03-25 January 7, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: AGRO-K Corporation Concie Rajamannan 8030 Main Street NE Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage of materials in the M-2, Heavy Industrial zoninq district. Existing Zoning: M-2 (Heavy Industrial) Location: 8030 Main Street Size: 291,550 sq. ft. 6.7 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-3 E: Industrial & M-2 S: Industrial & M-2 W: Industrial & M-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.12 requires a special use permit to allow limited outdoor storage. Zoning History: 1995 — Building constructed. Legal Description of Property: East � the northeast'/nf the southeast'/of Section 3, except the south 805 feet thereof. Public Utilities: Building is connected. Transportation: The property can be accessed Main Street or 81 � Avenue. Physical Characteristics: Building, hard surface yard and parking area and landscaping. � SUMMARY OF PROJECT The petitioner, Ms. Rajamannan of AGRO-K Corporation, is seeking a special use permit to allow exterior storage in the rear yard of the property located at 8030 Main Street. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial district, provided specific code requirements are met. CITY COUNCIL ACTION/ 60 DAY DATE City Council —January 26, 2004 60 Day — February 2, 2004 Location of Outdoor Storage Staff Report Prepared by: Stacy Stromberg SP #03-25 REQUEST The petitioner, Concie Rajamannan, of AGRO-K Corporation is seeking a special use permit to allow limited outdoor storage at the business, which is located at 8030 Main Street. The petitioner is requesting to store empty 55-gallon drums in a 30 ft. by 50 ft. area located near the loading dock in the rear yard of the property. The empty baRels will be stored outside until they are picked up to be recycled. ANALYSIS The property is zoned M-2, Heavy Industrial, as are the properties to the east and south. The property to the north and west are zoned M-3, Outdoor Intensive, Heavy Industrial. The subject property is located on the corner of Main Street and 81� Avenue. The existing building was constructed in 1995. Existing Building City Code allows limited outdoor storage in the industrial districts with a special use permit as long as 9 specific code requirements are met. Those specific requirements relate to height, screening, parking, amount of outdoor storage and the types of materials allowed to be stored outside. The petitioner is meeting or exceeding all of the requirements. As stated above, the petitioner is requesting to allow the storage of empty 55-gallon barrels in the rear yard of the property. 27 Location of Outdoor Storage City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval as limited outdoor storage is permitted under a special use permit in the S-3 Heavy Industrial, OnawayAddition zoning district. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Screening gate to be closed to allow proper screening. 2. No outdoor storage other than the storage of items used for this business. : � � CR7 OF FRlDLFf Date To From: AGENDA ITEM CITY COUNCiL MEETING OF January 26, 2004 January 21, 200� William Burns, City �fanager �� Scott Hickok, Communiry Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Subject: CRT Resolution Background The Solid Waste vlanagement Coordinating Board is supporting legislative efforts to offer residents more options for proper disposal of the largest source of lead in Nlinnesota's garbage — cathode ray tubes. Cathode ray tubzs (CRTs), more commonly known as "picture tubes," are found in televisions and computer monitors. A law-, which bans the disposal of CRTs in residential waste, was passed by the Minnesota Legislature last session. This law will go into effect July 1, 200�, but provision of affordable, convenient options for proper CRT recyclin� is still falling on the shoulders of local govemment. In Fridley, we have already scaled back our recycling services as a means to balance our budget, eliminating past subsidies to the cost of recycling these items. One of Fridley's representatives on the Solid Waste Management Coordinating Board, Anoka County Commissioner Jim Kordiak, has requested that Fridley support legislation that would place the financial responsibility of proper waste management of CRTs onto the manufacturers of electronic items containing them. The goal of the attached resolurion is to make financial subsidy of CRT recycling the responsibiliry of the manufacturer of such products. Recommendation On January 20, 2004, the Environmental Quality and Energy Commission reviewed the attached resolution and moved unanimously to forward it to the Fridley City Council for support. The Commission wamed that the trend to switch to flat screen computer monitors and conversion to digital televisions in 2006 could have financial implications to Fridley if legislation is not passed soon to place the burden of recycling on the manufacturers. Staff concurs with the Commission's recommendation for City Council approval. M-04-03 29 RESOLUTION YO. RESOLL'TIOY SL"PPORTI�iG REC�C'CLI�iG OPTIOrS FOR CRTs `��HERE��S. technolo�ical advances in the electronic features of personal computers and televisions have created an inad��ertent environmental problem when used electronic products need to be disposed; and W�IEREAS. this electronic waste stream, often called E-waste, includes old televisions and cumputer monitors that have picture tubes or cathode ray tubes (CRTs) containina two to eiaht _ pounds of lead per tube; and y ��IEREAS, these CRTs contribute to lead contamination of our water, air and soil when disposed with other mi:ced municipal wastes; and W'HEREAS, the City of Fridley supports efforts to ensure a long-term, sustainable system to ensure the proper management of old televisions and computers, without reliance on aovernment-only solutions; NOW T'HEREFORE, BE IT RESOLVED that the City Council of the City of Fridley supports the Solid �b'aste N1ana�ement Coordinatin� Boazd's lejislative initiative incvrporating manufacturer responsibility for the development of reliable and convenient collection and recycling options for CRTs, includin� a mechanism to address the backlog of old CRTs and a preference for advance recyclina fees without reliance on local government for the management of CRTs, effecti��e July l, 200�. PASSED AND ADOPTED BY THE CITY COLT�iCIL OF THE CITY OF FRIDLEY THIS DAY OF , 200�. ATTEST: DEBRA A. SKOGEN - CITY CLERK 30 SCOTT J. LUND — MAYOR 0 JIrI �1. KORDL-�K County Commissioner District � December 30, 2003 Mayor Scott J. Lund City of Fridley 6431 University Avenue NE Fridley MN 5�432 Honorable Mayor Scott J. Lund: C OLTNTY OF ANOx; A OFFICE OF COUNTY BOAR.D OF CO�IISSIONERS GO�''ERti':�IENT CE�iTER ? 1�00 3� A�'E�ti� •�:�o�a, �ir,��soT� 55303-2265 (763)3?3-5700 On behalf of Anoka County, I am requestin� that you consider supporting our efforts to ensure the proper disposal and recyclin� of TVs and computer monitors. These items require special handlin„ should be recycled and current recycling options are inadequate and expensive. An attached fact sheet explains the �owin� problem of discarded computers and TVs. Most TVs and computer monitors contain cathode ray tubes (CRTs), also known as picture tubes that can contain between 2 and 8 pounds of lead. CRTs are considered the largest single source of lead in Minnesota's �arbage. Lead is a known public health and environmental hazard, and steps need to be taken to ensure that lead from discazded CRTs does not end up in Minnesota's air and water. The Solid Waste Management Coordinating Board (SWMCB), a collaboration of six metropolitan counties plans to sponsor legislation in 2004 that incorporates the following policy positions: 1) Manufacturer Responsibility: A requirement that manufacturers of CRTs have defined responsibilities including responsibility for collecting, transporting, and recycling their products at end-of-life to ensure that products are not placed in mixed municipal solid waste. 2) Reliable and Convenient Collection Options: Provisions that address the need for collection options that provide frequent and convenient access for citizens. 3) Responsible Recycling of CRTs: Assurances that products collected must be responsibly recycled to the greatest extent feasible, and that components that cannot be recycled aze properly managed. 4) Backlog Waste: A mechanism to address how CRTs will be managed in the case that no manufacturer can be identified or for a manufacturer no lon�er in business, without relyin� on local �overnment to be responsible for such backlo� or "orphan waste." �) Fees: A preference for "advance recycling fees" and/or the internalization of costs by manufacturers over "end-of-life" fees that are applied when a CRT is discarded. FAX: 763-3?3-�682 Affirmative Action / Equal Opportunity Employer TDD/TfY: 763-333-5289 Page 1 of 2 �� If you are interested in the legislative effort to create better options for recycling TYs and old computers to protect our environment, please pass the attached resolurion supporting our efforts and send it to me in the enclosed envelope. Additionally attached is a reproducibie pled�e form that individuals could use to support vur efforts. Together, our voices will send a powerful messa�e to manufacturers that disposal of these technolo�cal wonders is their responsibility. Respectfully, Commissioner Jim Kordiak, Chair, Anoka County Waste Mana�ement and Energy Committee JK/cs/rw Enclosures cc: Dr. William W. Burns, City Manager Julie Jones, Recycling Coordinator Page 2 of 2 32 TVs and computer monitors contain lead New Technologies = more obsolete units discarded O�C± TVS and computer monitors should be recycled Currently, recycling options for residents ' are not adequate = A Growing Problem: Discarded TVs and Computers Wouid you throw 2 pounds of lead in your garbage? Probably not. Yet when someone disposes of a N or computer monitor in the garbage, they do just that. • Ns and computer monitors can contain from 2 to 8 pounds of lead as well as mercury, cadmium and PCBs. Ns and computer monitors are considered the largest single source of lead in Minnesota's garbage. Lead artd other heavy metals can puse damage to health artd the ernironmenL Accord(ng to the Minnesota Department of Heafth, lead poisoning can cause learnir.� behavroral and health problems in youngchfldren and high blood pressure, kidney damage and damage to the reproductive organs /n adults. There are a lot of TVs and computer monitors in Minnesota homes that people will want to get rid of eventually. • More than 3.5 million Ns are in Minnesota homes today, and another 2.0 million computer monitors are in Minnesota homes and businesses. Changes in technology such as digital broadcast television and flat screens shorten the useful lives of electronic devices and promise to increase the amount of electronics that will be discarded in the future. If not in the garbage can, where should old Ns and computer monitors go? ■ These wastes do � belong in the garbage with other mixed wastes. In the 2003 session, the State Legislature prohibited the disposal of cathode ray tubes found in Ns and computer monitors in mixed wastes, effective July 1, 2005. Discarded Ns and computer monitors can and should be recycled. Nearly all of the component parts, includingthe lead and glass, can be recycled or recovered. ■ In 2002, news of shipment of old Ns and computers to countries such as China became widely known. Old electronic equipment from the U.S. was being broken down in unsafe conditions and seriously contaminated local waters. We need to work hard to be sure that this method of disposal of our wastes does not happen. (For more information, go to www. http://www.computertakeback.com) It's not easy at this time for Minnesota residents to get their discarded electronics recycled. While residents frequently store old Ns and monitors after they are no longer useful, there comes a point in time when these items become a nuisance. . Many waste haulers do not pick up Ns and computer monitors, and those who do often charge a fee. • Recycling options that exist are not always conveniently located or open at times that are convenient for residents. • Recyclers that take old Ns and computer monitors charge fees that some residents consider too expens�33 Convenient and affordable options are needed for citizens to recycle discarded electronics Getting Industry to Help What can I do about this problem? �d,w:r V• ~:o' ��. �.oe.,�,...n:.,. ...,.., A Growing Problem: Discarded TVs and Computers Who is responsible for addressing this growing problem? Govemment alone cannot be responsible for the growing volume of discarded electronics and associated costs. . At an average cost of $10 -�15 per unit to disassemble and recycle a N or computer monitor, the cost to Minnesota taxpayers could be $3,000,000 per year or more. Metropolitan counties are joining efforts to get manufacturers to participate in solving this problem. • It's calted "product stewardship" - asking manufacturers to share responsibility for products they sell when those products reach the end of their useful lives. . Product stewardship efforts relating to electronics are in place in Europe. Japan and Canada, but progress in the United States has been slow, and the problem remains unsolved. • Some manufacturers have initiated voluntary programs, but so far, not enough has been done. It remains difficult for citizens to find out how to recycle of Ns and computers, with inconvenient locations, few hours of operation, and fees for recycling. Become informed. Go to the SWMCB web site to leam more: www. swmcblNs&com Qute rs. Also consider. • Contacting manufacturers to let them know about your concerns. • Asking your local retailer to support manufacturer responsibility for recycling old Ns and computers. • Supporting legistative efforts to get manufacturers to help solve the problem. Information and suggestions about these actions can also be found at www.swmcb\Ns&com �uters PRODUCED BY THE SOLlD WASTE MANAGEMENT COOROINATING BOARD 11/03 �� CffY OF FRIDLEY � FROM: AGENDA ITEM COUNCIL MEETING OF JANUARY 26, 2004 WILLIAM W. BURNS, CITYMANAGER �!� � R/CHARD D. PR/BYL, FINANCE D/RECTOR � SUBJECT: RESOLUTION INITIATING THE PROCESS FOR THE SALE OF $1,790,000 GENERAL OBLIGATION WATER REVENUE BONDS 2004A DATE: January 22, 2004 r Attached is the resolution prepared by the City's new Financial Advisor, Ehlers 8� Associates. This resolution is required to be passed by Council to proceed with the above mentioned bond issue. This action will start the process for the competitive sale of the General Obligation Bonds, and provide an appropriate time frame for advertisement and review of the bids. The recommendation from Ehlers is to proceed with this bond issue. This would be a new issue that will provide the financing for the water projects that staff had reviewed with Council during the budgeting process of 2004. The projects outlined in that process are as follows: Marion Hills tower replacement $550,000 Recondition the Water Treatment Plant $790,000 Repair and Renovation Commons Park Tower $150,000 Water Tower #2, Repair and Paint $100,000 Water Main relining on 83`d Ave RR to Main $150,000 This issue is designed to "wrap" around the existing debt to produce a level debt service schedule with the existing water debt. The result would allow for a level debt service payment taking into consideration the expiration of the 1992 debt that will be fully retired in 2007. The source of funds for the repayment of these bonds is anticipated to be entirely from the water revenues. As part of the 2004 Budget process we reviewed the Water Fund "Pro Forma's° and had included this debt in with the overall expenses of the fund. RDP/me Attachment 35 Resolution No. -2004 Resolution Providing for the Sale of $1,790,000 G.O. Water Revenue Bonds, Series 2004A WHEREAS, the City Council of the City of Fridley, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,790,000 G.O. Water Revenue Bonds, Series 2004A (the "Bonds"), to finance certain improvement projects in the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Fridley, Minnesota, as follows: Authorization; FindinQS. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. MeetinQ; Proposal OpeninQ. The City Council shall meet at City Hall on February 23, 2004, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. PASSED AND ADOPTED BY THE CITY COUNCIL FOF THE CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK SCOTT J. LUND — MAYOR 36 � � CtTY OF FRIDLEY TO: FROM: AGENDA ITEM COUNCIL MEETING OF JANUARY 26, 2004 WILLIAM W. BURNS, CITYMANAGER�� R/CHARD D. PR/BYL, F/NANCE D/RECTOR �Q SUBJECT: RESOLUTION /NITIATING THE PROCESS FOR THE SALE OF $3,920,000 TAXABLE GENERAL OBLIGAT/ON TAX /NCREMENT REFUNDING BONDS, SER/ES 20046 DATE: January 22, 2004 Attached is the resolution that was prepared in conjunction with the Cit�s new Financial Advisor, Ehlers & Associates. This resolution is required to be passed by Council to proceed with the above mentioned bond issue. This action would start the process for the competitive sale of the General Obligation Bonds, and provide an appropriate time frame for advertisement and review of the bids. It is the recommendation from Ehlers to proceed with this bond issue. The new issue would be a tax increment refunding issue which will be used to retire the $4,185,000 Taxable G.O. Tax Increment Bonds, Series 1998B. This issue has an estimated present value savings of $176,000 and will be used to call theolder issue this year. The source of funds for the repayment of these bonds is provided by a pledge of tax increments and has been calculated in the overall cash flow that the Finance Department prepares for the HRA on a regular basis. RDP/me Attachment 37 RESOLUTION NO. - 2004 RESOLUTION PROVIDING FOR THE SALE OF $3,920,000 G.O. TAXABLE TAX INCREVIENT REFU�iDING BONDS, SERIES 2004B WHEREAS, the City Council of the City of Fridley, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $3,920,000 G.O. Taxable G.O. Tax Increment Refunding Bonds, Series 2004B (the "Bonds"), to refund the $4,185,000 Taxable G.O. Tax Increment Bonds, Series 1998B of the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED, that the City Council of Fridley, Minnesota, as follows: Authorizarion; FindinQS. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. Meetin�; Proposal OpeninQ. The City Council shall meet at City Hall on Febnzary 23, 2004, for the purpose of considering sealed proposals for and awazding the sale of the Bonds. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the prepararion of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK •� SCOTT J. LLJND - MAYOR ` AGENDA ITEM COUNCIL MEETING OF JANUARY 26, 2004 cmr oF FRIDLEY TO: WILLIAM W. BURNS, CITYMANAGER�� FROM: RICHARD D. PR/BYL, F/NANCE D/RECTOR �iQ SUBJECT: RESOLUTION /N/T/ATING THE PROCESS FOR THE SALE OF $1,285,000 REFUND/NG GENERAL OBLIGATION BONDS, SER/ES 2004C DATE: January 22, 2004 Attached is the resolution prepared by the Cit�s new Financial Advisor, Ehlers & Associates. This resolution is required ta be passed by Council to proceed with the above mentioned bond issue. This action will start the process for the competitive. sale of the General Obligation Bonds, and provide an appropriate time frame for advertisement and review of the bids. It is the recommendation of Ehlers to proceed with this bond issue. The new issue will be a"crossover refunding" and the proceeds will be "parked" until the call date of February 1, 2005. At that time, the proceeds from this issue will be use to retire the 1996 debt issue. It is estimated that the present savings value, if the rates remain stable, will amount to $51,100 or approximately 3.9%. We will be watching the rates, and if the rates on the date of the sale do not warrant the refunding, then the Council has the option of rejecting the bids at no cost to the City. The source of funds for the repayment of these bonds is anticipated to be entirely from water revenues. Although this particular bond issue was not anticipated during the budgeting process of 2004, staff has been working to find ways of reducing costs associated with the utilities activities. It is felt that there is enough savings in regard to this refunding to support the sale. RDP/me Attachment 39 RESOLUTION NO. - 2004 RESOLUTION PROVIDING FOR THE SALE OF $1,285,000 G.O. REFUNDING BONDS, SERIES 2004C WHEREAS, the City Council of the City of Fridley, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,285,000 G.O. Refunding Bonds, Series 2004C (the "Bonds"), to refund the $2,935,000 G.O. Bonds, Series 1996A of the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED, that the City Council of Fridley, Minnesota, as follows: Authorization; FindinQS. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. MeetinQ; Proposal Openin�. The City Council shall meet at City Hall on February 23, 2004, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the prepararion of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK SCOTT J. LUND - MAYOR . � � L UTY OF FRIDLEY TO: _ FROM: DATE: SUBJECT: 0 AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 William W. Bums, City Manager �� Jon .F1- rlaukaas, Public Works Director January 7, 2004 Sanitary and Storm Sewer Lining Project I`(o. 354 ' •� •• The 2004 budget has funds identified for the restoration of our sanitary and storrn sewer lines. This year"s sanitary sewer work will line the last section of corrugated metal pipe. We have been concentrating on this type of pipe in recent years because of its increasing failure rate. The sanitary sewer lining portion of the project will consist of approximately 2,000 LF of CMP on West Moore Lake Drive, Marigold Terrace, Monroe Street and 58�' Avenue. There is �80,000 budgeted for this project The storm water fund budget showed a project to install a weir on I`iorton Creek to aid in cleanup of any possible spills prior to this running downstream into Rice Creek tlowever, over the past year we have identified several sections of storm sewer on 75�' Avenue, liayes Street and Meadowmoor Drive that have badly leaking joints. Sealing these joints is a much higher priority because they are causing dangerous sink holes in the roadway above. We are proposing the repair as much of this area as the �50,000 budgeted will allow this year and continue the process in 2005. Recommend the City Council adopt the resolution authorizing staff to advertise for the Sanitary and Storm Sewer Lining Project I`lo. 354. JF1ti:cz Attachment 41 RESOLUTION NO. 2004 - A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY AND STORM SEWER LINING PROJECT N0. 354 WHEREAS, the City Council of the City of Fridley has established a policy of lining to sanitary and storm sewers when necessary, WHEREAS, the Director of Pui>lic Works has submitted a pian showing the sanitary and storm sewers in need of lining. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, I Anoka County, Minnesota, as follows: 1. That the sanitary and storm sewers recommended for lining by the Public Works Department be lined, and the work involved in said improvement shall hereafter be designated as: SANITARY AND STORM SEWER LINING PROJECT NO. 354. 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 Sanitary and Storm Sewer Lining Project 354 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, FEBRUARY 18, 2004, 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 (5s) of the amount of such bid. That the advertisement for bids for Sanitary and Storm Sewer Lining Project No. 354 shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS Z6TH DAY OF JANUARY, 2004. Attested: DEBRA A. SKOGEN - CITY CLERK SCOTT J LUND - MAYOR 42 AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 QTY OF FRIDLEY TO: William W. Bums, City Manager �� FROM: Jon �as, Public Works Director DATE: January 20, 2004 SUBJECT: Vuinerability Assessment of Fridley's Water System ' � � �i� . The US EPA has put in place requirements for all water systems to develop a Vulnerability Assessment and Emergency Response Plan as a result of the 9-11 attacks. Cities of our size are required to complete this by June 30, 2004. We approached Bonestroo, Rosene, Anderlik and Associates (BRAAi to give us a proposal to complete this work due to their history with the City and their familiarity with our water system. BRAA is currently working on our water system study and will be preparing preliminary information on the replacement of the Marian tlills Reservoir. The total cost for the entire assessment and plan is �15,400 and BRAA is confident they can complete the work to meet the deadline. This would be paid for from the Water Fund. Recommend the City Council accept the proposal and award a contract to Bonestroo, Rosene, Anderlik and Associates to complete Fridley"s Vulnerability Assessment and Emergency Response Plan. Jtlti:cz 43 � Bonestroo 0 Rosene �Anderlik & Associates Engineers & Architects January 8, 2004 Bonestroo, Rosene. Anderlik anG Assoclates, Inc. Is an Affirmative Actfon/Equal Oppo�tunity Employer and Employee Owned Principals: O[to G. Bonestroo. P.E. • Marvin L. Sorvala, PE. • Glenn R. Cook. P.E. • Rober[ G. SChunicht, P.E. • Jerry A. Bourdon. P.E. • Mark A. Hanzon. P.E. Senior Consultants: Robert W. Rosene. P.E. • Joseph C. Anderlik. PE. • Richard E. Turner, P.E. • Susan M. Ebertin, C.PA. Associate Princlpals: Keith A. Gortlon. PE. • Rober[ R. Pfefferle. P.E. • RkharC W. Foster, P.E. � David O. Losko[a. P.E. • Michael T. Rautmann. PE. • Ted K. field. P.E. • Kenneth P. Anderzon, P.E. • Mark R. Rolfs, P.E. • Oavid A. Bonestroo, M.B.A. • SiGney P. Williamzon, PE.. L.S. • Agnez M. Ring, M.B.A. • Allan Rick Sthmldt. P.E. • Thomas W. Peterson. P.E. • lames R. Maland, P.E. • Milez 8. Jensen. PE. • L. Phlllip Gravel III, PE. • Oaniel J. Edgerton. PE. • Ismael Martinez. PE. • . Thomas A. Syfko. PE. � Shelaon 1. Johnson • Dale A. Grove. PE. • Thomas A. Roushar, P.E. • Robert J. Devery. PE. Offices: St. Paul, St. Cloud. Rochezter and Wilimar, MN • Milwaukee. WI • Chicago, IL Website: www.bones[roo.com Jon Haukaas Public Works Director City of Fridley 6431 University Avenue Northeast Fridley, MN 55432 Dear Jon: Bonestroo is pleased to submit this proposal for a Vulnerability Assessment and Emergency Response Plan for the City of Fridley's water system. Our approach to the project was developed to meet the following goals: Provide the city with a cost-effective plan Meet the requirements of the USEPA, including meeting the June 30, 2004 deadline for the Vulnerability Assessment Provide recommendations for improving the security of Fridley's water system Prepare a plan that can be easily updated We will serve two primary roles in this project: facilitator and technical resource. As we discussed, a project like this will require input from many City Departments. As facilitator, we will draw input from all project stakeholders, guide the process, and produce the planning documents. Serving as a technical resource, we will take a critical look at your water system's existing vulnerability and provide objective recommendations for system improvements. Mark Wallis will complete the vulnerability assessment and emergency response plan. Mazk has 20 years of water system engineering experience, including preparing emergency prepazedness plans. We look forward to working with you on this important project. If you have any questions, please call me directly at (651) 604-4897 or Mark at (651) 604-4842. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. � � '` , 1 Thomas A. Roushar, P.E. Associate Principal 44 2335 West Highway 36 • St. Paul, MN 55113 ■ 651-636-4600 ■ Fax: 651-636-1311 Scope of Ser�ices Our approach to preparing a Vulnerability Assessment and Emergency Response Plan for the City of Fridfey is to provide a performance-based assessment formed to fit the City's system profile and needs. We propose to use VSATT"" software for the project. 1/SATTM' is widety used for preparing wlnerability assessmenu, and has been endorsed by the Minnesota Department of Health. This technology wiii be supplemented with our training in Sandia Laboratory's RAM-W�"' methodology, cyber assessment methodology, and our proven experience developing Emergency Response Plans. Task 1— Identify Assets and Threats We will review the existing water system data and input assets and threau into the VSATT"'' software. Interviews with key staff (administration, public works, engineering, human resources, IT, police, and fire) will help us develop a list of asseu, categorize the assets, and assign threats to the assets. The data wiil be entered into the VSAT'"" software. Staff ineetings will also provide the opportunity to establish the Water Utility's Mission. This will aliow us to define precisely what constitutes a failure of the water system. Identify and Categorize Assets: VSATr^" categorizes assets in the foilowing five categories: ► Physical - this asset category includes the supply and distribution system as well as operation and maintenance faalities ► Empioyees - including administration and utility staff ► Knowledge 8ase - record plans, reports, etc. ► Customers - especialiy critical customers ► information Technology System identJfy the Deslgn Basis Threats and Assign Threats to Assets: The likelihood of manmade attack scenarios can be evaluated by euamining adversary types and probable modes of attadc. it will be vitai to employ input from public safety and security officials. The goal of this step is to establish the Design Basis Threat (answer the question "Who are we trying to protect against7"�. Natural threau to the asseu will also be inciuded. Following completion, we will assign threats to the assets using VSATT"" software. Task 2- Determine Criticality of Assets In this task, threats to Water Utility asseu wili be evaluated in detail. We will meet with Pubiic Works Staff to review the assets and threats estabiished in Task 1. Then, system processes, boundaries, and interdependencies between assets wiii be evaluated. ofSendces aryo�Fnd,by- warersysre,n w,iaerabiGryarsessm�erns Emergencr Critical assets wili be identified and ranked based on the consequences of damage or loss of the facility or resource. Four levels of criticality are typicaily su�cient. The exact defrnition of these levels wiii be tailored to the City of Fridiey. We wiil enter the data into the VSAT�"'' soflware. Task 3— Determine Asset Vulnerability We will identify existing countermeasures against threau and rate their effectiveness. Combining this with asset information, the levei of asset wlnerability can be determined. We will prepare descriptions of the existing security measure to study asset protection. Meeting with City staff, we wiii review potential attack scenarios, and determine which are most likely. The effectiveness of existing countermeasures against possible attacks wiil be evaluated. This information will be combined with our other asset data to establish relative current values of asset wlnerability. Task 4- Risk Level Analysts Based on the results of our meeting in Task 3, we will update the assets, threats, and existing countermeasures. The risk level associated with each asset threat will be determined based on the Criticality of Assets (determined in Task 2) and the Asset Vulnerability (determined in Task 3). Task 5— Risk Evaluatton, Management, and Mitigation This is the point where the Fridley Water Utility and key decision makers answer the question, "Are the risks acceptable?" If they are, the wlnerabifity assessmer�t process is completed. More likely, the Vulnerability Assessment Team will be able to identify several improvements that can reduce risk levels. Typically the wlnerabilities with the highest risks receive the highest priority. We will evaluate equipment, technology, structures, procedures, training, and communications activities that, if enacted, would effectively mitigate risks by reducing criticality and/or wlnerability. The improvement activities will tie back to each of the five utiliry asset categories. Improvements may indude such actions as capital investments, organizational changes, process reforms, improvements in information management, and enhanced communications. Implementation will follow priorities set earlier in this process, with the highest priority wlnerabilities addressed first. Finally, business continuity plans should include a schedule for periodical testing. Workshop Bonestroo will provide a Risk Analysis summary to the VA Team. Based on the risk analysis, we will suggest improvements along with planning- level cost estimates. /�s a team, we will examine the suggested improvements and brainstorm for additional improvements. The team will evaluate benefits from the improvements (in terms of reducing risk) and compare those to the improvement cosu and other � Scope o/SeMces 46 2 Clty o/Fni�ky - WateiSystem Whriabi/ilyAuesvn�mt 6 Emergerxy Resporue P/an potential drawbacks (for exampfe, barbed-wire fences in residential areas). The outcome of this meeting will be a listing of realistic improvement options and their associated cosu and benefiu. The team will then decide what (if any� specific improvements to recommend. At the end of this task, we will have finalized the evaluation phase and can compiete the Vulnerability Assessment. Task 6— Report and Presentation This task represents the culmination of the planning effort. The final product wiil be a written report suitabie to submit to USEPA. The report will address the required componenu and elements and provide specific recommendations to reduce risks through improved deterrence, delay, detection, response capabilities, and/or improved operational procedures and policies. The report wili include supporting documentation and background data. Planning-level cost estimates associated with the prioritized meawres recommended to reduce risk levels wil! also be inciuded in the report. Ali documents will be stored and transmitted in secure confidential formau. Since the Vulnerability P�ssessment is being prepared using VSATT"'' software, the entire analysis can be given to the City on CD. This ailows the City to easily update the anatysis to reflect system changes. The format can aiso be used to import asset data from other facility databases. Task 7— Emergency Response Plan In 1995, the City of Fridley compieted a Public Water Suppiy — Emergency and Conservation Pian. Bonestroo amended this plan in 1999. In this task, we will update and expand upon the emergency portion of that plan. The information collected a►ong with the resulting Vulnerability Assessment will be used as base data to develop the emergency response plans. The plan wili be developed to comply with both EPA and Minnesota DNR requiremenu. We will meet with Utility Staff to present a draft Emergency Response Plan and to identify componenu to add to the plan. The pian wiil: ► Identify key authorities, managers, responders, and resource providers ► Identify priority asset threats for which the plan will provide responses ► Map preliminary ske►eton draft response plans for each asset threat Plan PreparatJon and Cerdflcation We will then compile a draft emergency response plan for review by city staff. The review commenu will be incorporated into the final ptan. We wiil print five copies of the plan for the City, and submit a certificate of completion form to USEPA. � Scape ofSeMces w � 3 Gry a/Fiiidky- Water System Wtreerabi/ityAsse.ssnaent 6 Emprgerxy Respo - Schedule and Compensatlon Federal legislation requires the Vulnerability Ptissessment to be completed by June 30, 2004, and the Emergency Response Pfan completed six months after the VA. l�ssuming a notice to proceed is issued in January, we can meet these requiremenu. � scope o/seMces dR 4 Gty o/Fnid,tey- Water System bLbaeradi/iryAue.ssrsaent 6 Emergenry Responte Plan � � CITY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 William W. Burns, City Manager �� Captain Don Abbott January 21, 2004 Professional Contract with Newquist & Ekstrum, Chartered Attached is an agreement between the City of Fridley and Newquist & Ekstrum, Chartered, and Carl J. Newquist for the services of City Prosecutor. This agreement revises the final year of the existing three-year agreement effective January 1, 2002. The only change to the terms of the agreement is to section 5(B) wherein Newquist & Ekstnun, Chartered, is authorized to submit for reimbursement from the City for the costs of subpoena service. Fridley Community Service Officers have provided this service in the past. Subpoena service by Newquist & Ekstnun, Chartered, is more cost-effective than continuing to have CSOs serve the subpoenas. Subpoena service costs through the City Prosecutor's Office are anticipated to be approximately $12,000 per year. The resulting reduction in CSO hours will save approximately $14,600 per year in personnel costs. In addition, the process whereby subpoenas are served is expected to improve, resulting in more timely notice to witnesses and fewer witnesses missing trial dates. Staff recommends approval. , .� AGREE�IENT FOR LEGAL SER�ZCES BET"�Er THE CITY OF FRIDLEY :�rD rE��'QUIST & EKSTRU�I, CHARTERED arD CARL J. rEWQUIST Citr• Prosecutor �npointment: Carf J. Newquist and his law office, tie�vquist & Ekstrum. Chartered, 6�01 C.�niversity avenue N.E., Fridley, �iinnesota, >j43?, are appointed City Prosecutor for the City of Fridley. 2. Term of aareement: This a�reement amends the agreement dated October 31, 2001 and in effzct from and after January l, 2002 and terminatin� December 31, ?004. This a�reement replaces the a�eement of October 31, 2001 for the remainin� twelve (12) months of that a�reement from and after January 1, 2004 to terminate on December 31, 2004, unless otherwise extended by mutual a�eement of the parties hereto. 3. Duties and Responsibilities of the Citv Prosecutor: A. Prosimity bein� of the essence hereof, the City Prosecutor shall maintain an office in the City of Fridley. . B. Represent the City in all criminal proceedin;s and cases wherein the City is a party, has jurisdiction, and/or has an identifiable interest therein, except those cases arisin� under the City's zoning, housing, rental housing and building codes. C. Prepare files for court, includinJ assemblin� witness lists, preparin� subpoenas, copying statutes or ordinances for court trials, etc. Request certified documents, such as driver's records, motor vehicle records, prior convictions, orders for protection, bank records, ordinances and other information required for court. D. Prepare letters and notices associated with various court trials. These include letters to victims, omnibus hearing notifications, and notices of change in time, date or place of hearings. E. �Taintain records, including the court calendar, records of formal complaint requests, records regarding the criminal history requests from the BCA, records of officer vacation schedules and court assignment schedules of the prosecutor. F. Telephone conferences and maintaining conespondence with various agencies including law enforcement agencies, courts, Minnesota correctional facilities, victim/witnesses, defendants/defense attorneys, social workers, psychiatrists, victim advocate representatives, hospitals, banks, insurance companies, ete. Research statutes and/or ordinances for court cases, formal complaints, or as requested by the Fridley Police Department or the City of Fridley. G. Handling requests for disposition of detainer. H. �Iaintaining active files. 50 Q 5 � I. � L NI. Advise Council, City staff, and the Police Department of le�al questions and issues that relate to official City business. Advise and attend education and trainin� pro�rams for City staff and the Police Department as requested by the City tilana�er and�'or the Director of Public Safetv. Advise and attend such Council meetings and meetin�s of City commissions and committees as the City �1ana�er and,'or i�fayor may direct. Prepare activity reports, billing information and reports on status of City liti�ation as the City Mana�er may direct. Defend City employees, when applicable, in suits and claims arisin� &om the performance of official duties as the City Manager may direct. Conflict of Interest: The City Prosecutor shall not represent any individual or party in any civil or criminal matter a�ainst the City of Fridley. � Compensation: A. The City Prosecutor shall be compensated at the following rates: 2002: 590.00/hour 2003: �90.00/hour 2004: �90.00/hour Law Clerk: �3�.00/hour Law Clerk: �3�.00/hour Law Clerk: �35.00/hour B. The City Prosecutor shall be reimbursed for all expenses advanced or made by him on behalf of the City such as fees and costs for subpoena service and court transcripts and filing. All other expenses and costs of overhead sueh as dues, subscriptions, licenses, insurance, secretarial services, etc., associated with the performance of legal services shall be the responsibility of the City Prosecutor. Assi�nment of Services and Agreement: The City Prosecutor shall not assign an interest or obligation of this a�eement without the prior written consent of the City. 7. Affirmative Action: Because the City requires and follows a policy of Affirmative Action and will not tolerate discriminatory acts, the City Prosecutor shall not discriminate a�ainst any person on the basis of age, sex, religious beliefs, political affiliations, or other protected classifications under federal, state, or local laws or regulations. �Vork Product: All ordinances, resolutions, correspondence and other documents or materials drafted for the City by the City Prosecutor shall, upon their completion, become the property of the City. 2 51 9. Insurance: The City Prosecutor a�ees to maintain a valid policy of Professional Liability Insurance for the duration of this a�eement. The value of the policy shall not be less than Five Hundred Thousand and OOi 100 Dollars (��00,000). 10. Severabilitv: The City or City Prosecutor may sever the terms of this contract upon sixty (60) days written notice. Failure by the City or the City Prosecutor to comply with any of the terms of this contract shall be grounds for terminatin� this agreement, as shall be the City's dissatisfaction with the City Prosecutor's performance under the a�reement. L'pon termination of this contract, the City shall only be responsible for the monthly fee and any additional billin�s accrued as of the date of termination. A�reed and entered into this day of January, 2004. Carl J. Ne�vquist NE�VQUIST & EKSTRUNI, CHARTERED By Carl J. Newquist Its CITY OF FRIDLEY By Scott J. Lund Mayor By William W. Bums City Manager 3 52 r � CRY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 William W. Burns, City Manager� � Captain Don Abbott January 21, 2004 2004 Animal Control Contract Attached is the proposed 2004 animal control contract. We are once again proposing this contract be made with Brighton Veterinary Hospital. There are no changes in the new contract, including compensation. The term of this contract covers the period from January 1, 2004 through December 31, 2004. The monthly fee charged by Brighton Veterinary Hospital is increasing from $1,200 per month specified in previous contracts (from 1997) to $1,300 per month. The Fridley Police Department is very satisfied with the service provided by the Brighton Veterinary Hospital and recommends approval and signing of the contract. Attachment 53 ANIMAL CONTROL CONTRACT This contract, made and entered into this 26th day of January 2004 by and between Bri�hton Veterinary Hospital, 2615 Mississippi Street, New Brighton, Minnesota, 55112, hereinafter referred to as "animal shelter" and the City of Fridley, a municipal corporation, 6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to as "city". I. TERM The term of this contract shall be from January 1, 2004 through December 31, 2004. II. ANIYIAL SHELTER SERVICES The city agrees to purchase and the animal shelter agrees to furnish the following services: 1. Shelter for animal drop-offs on a 24-hour basis. 2. Animal examinations and veterinary care as required during normal business hours. 3. Seized stray animals shall be held for five (5) regular business days. After five regular business days the city shall have no right or interest in such animals. 4. Euthanasia and disposal if required due to serious injury, illness, or after five regular business days, in compliance with State Statute MS 35.71. 5. Receiving and disposing of dead animals delivered by the city. 6. Upon request, train city animal control officers in safe and humane handling and apprehension of animals. 7. Keep accurate records of all animals impounded, boarded, and destroyed, pursuant to this agreement and furnish monthly statements to the city. 8. Keep the animal shelter open during normal business hours of the Brighton Veterinary Hospital and not less than normal business hours of the city: 9. The animal shelter, during normal business hours, shall be open for inspection by the city or it's agents. 54 10. Collect boarding fees at $12.00 per day for dogs and $10.00 per day for cats, per animal from owners who retrieve animals. Fees are kept by the animal shelter. 11. Hold any impounded animal being reclaimed until proof of applicable current licensing and rabies vaccine is produced. 12. Serve as animal control officers for the city, as defined in Fridley City Code Chapter 101, and as applicable to the operation of the animal shelter. III. CITY RESPONSIBILITY After normal business hours, the city will transport any injured animals that are in a live threatening condition to the Affiliated Emergency Veterinary Services, at no cost to the animal shelter. After treatment and release the city will transport the animal to the animal shelter. N. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, the animal shelter shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS The animal shelter agrees to make available to duly authorized representatives of the city and either the legislative auditor or the state auditor for the purpose of audit examination, any books, documents, papers, and records of the animal shelter that are pertinent to the animal shelter's provision of service hereunder. The animal shelter further agrees to maintain all such required records for three years after receipt of final payment and the closing of all other related matters. VI. ANIl�IAL SHELTER RESPONSIBII.ITIES AND INSURANCE The animal shelter shall be responsible for all damages, harm or illness suffered by the animals under its care and in its custody which may be due to the negligence of the animal shelter. Said animal shelter shall save the city harmless from any damages, costs, actions, or causes or action, or claims made against the city for any harm, losses, damages, or expenses ar account of bodily injury, sickness, disease, improper disposition, death, and property damage resulting from the animal shelter's operation. The animal shelter shall procure and keep in full force comprehensive general liability insurance in the amount of not less than $100,000 and $350,000 to 55 safeguard and indemnify the city for any of the occurrences afarementioned. Such insurance policy must be filed with the city clerk. VII. COMPENSATION The city shall pay the animal shelter the sum of �1,300 per month for services stated in this contract. Said sum shall be paid on or about the last day of the month, or within thirty (30) days after submission of the monthly claims, by the animal shelter. 2. The animal shelter may charge and retain customary veterinary fees including rabies, and distemper-parvot (DHPP) vaccine. VIII. EARLY TERMINATION This contract may be terminated by either party, with or without cause upon thirty (30) days written notice, delivered by United States mail or in person, to the other party. For purposes of such notice, the address of the animal shelter is: Brighton Veterinary Hospital PA 2615 Mississippi St. New Brighton, MN 55112 and the address of the city is: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 IX. MODIFICATIONS Any material alterations, modifications or variations of the terms of this contract shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. X. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties are contained herein and that the contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the animal shelter and the city relating to the subject matter hereof. The parties hereto revoke any prior oral or written a�eement between themselves and hereby a�ee that this contract is the only and complete agreement regarding the subject hereof. 56 _� ANIMAL SHELTER By: _ Title: Date: Title: Date: 57 CITY By: _ Title: Date: Title: Date: i AGENDA ITEM COUNCIL MEETING OF JANUARY 26, 2004 CRY OF FRIDLE7 CLAIMS 114886 - 115143 �•� •J / AGENDA ITEM � C1TY COUNCIL MEETING OF JANUARY 26, 2004 cmr oF LICENSES FRIDLEY Type of License TOBACCO Jake's Food & Fuel, Inc 7883 East River Rd NE Fridley, MN 55432 FOOD Jake's Food & Fuel, Inc 7883 East River Rd NE Fridley, MN 55432 Mr. Discount Tobacco 315 Osborne Rd NE Fridley, MN 55432 RETAIL GASOLINE Jake's Food & Fuel, Inc 7883 East River Rd NE Fridley, MN 55432 � Edward Luna Edward Luna Bilal Haidari Edward Luna CHARITABLE GAMBLING Totino-Grace Parents Organization 1350 Gardena Ave NE Julie Michels Fridley, MN 55432 �� Approved By: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety City Clerk Fees: $125 $4� $60 $60 $25 _�� .� � E I i f �. City of Fridley AGENDA ITEM City Council Meeting Of Monday, January 26, 2004 � Gas Services Uhl Company Inc 9065 Zachary Lane John Dando Maple Grove MN 55369- White Bear Mechanical Inc 2379 Leibel St STE 600 Scott Howe White Bear Township MN 55110- General Contractor-Commercial Anoka County Parks 8� Recreation 550 Bunker Lake Blvd NW Joe Baker Andover MN 55304 Karkela Construction Inc 3280 Gorham Ave Phona Hoyt St Louis Park MN 55426- Nor-EII Incorporated 851 Hubbard Ave R Norris St Paul MN 55104- Restoration Services Network Inc 5790 Naughtor Ave N Tonya Ashworth St Michael MN 55376- United Operations Inc 5025 Cheshire Lane STE 100 Michael Domino Plymouth MN 55446- General Contractor-Residential Evenson Jason Contracting LLC (20401867) 3900 Eckberg Dr Jason Evenson Brooklyn Center MN 55429- •1 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building O�cial Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN First Choice E�eriors inc (4266) 7308 Aspen Lane N Brookiyn Park N1N 55428- Gorham Builders inc 1877 Station Parkway NW Andover MN 55304 Heatina White Bear Mechanical Inc 2379 Leibel St STE 600 White Bear Township MN 55110- Oil Services Uhl Company Inc 9065 Zachary Lane Maple Grove MN 55369- Plumbinq Nowthen Plumbing Inc 19960 FeRet St NW Elk River MN 55330- � Ross Dorn Mike Gorham Scott Howe John Dando Jeff Boettcher 61 Approved Bv: State of MN State of M N Ron Julkowski Building Official Ron Julkowski Building O�cial State of�MN r a CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 ESTI MATES Creative Curb Contractors, LLC 64358 — 375`" Street Watkins, MN 55389 2003 Miscellaneous Concrete Repair Project No. 351 FINAL ESTIMATE ................................. �� .................................. $ 6,101.52 P � � � THE CHURCH OE SAINT WILI.lAti1 C�=' , , � Debra A. Skogen, City Clerk Scott Lund, Mayor January 23, 2004 Re: 2004 Street Reconstruction Project Public Hearing Scheduled for January 26, 2004 North Park Neighborhood Street Improvement Project No. ST. 2004-1 Please be advised that The Church of Saint William objects to the City's ordering of improvements and assessments for the cost of reconstruction of the University Avenue East Service Drive in front of Church property at 6120 5�' Street NE. Objection is made because we believe the construction will interfere with the use of our parking lot. We further object to the amount of the assessment that, according to the notice sent to the Church, the City anticipates charging against the property. In our opinion, the amount of the assessment will exceed the value of any benefit that will be conferred to the property by the proposed improvements. Please see that this objection is made a part of the record of the public hearing to be held on January 26, 2004. Sincerely, -, Rev. oseph Whalen Pastor Church of St.William G120 FIFT}-I STIiEET NOR7H1?Ati�f. I�Rll�l f:Y. hiINNF`�11 -1 ;S.t:t7 ti��'�`� ' tioi� S71-Si�O(1 ' WWW S"I'WII.l1AMS COM / � QTY OF FRIDLEY TO: _ FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 William W. Bums, City Manager �1�� Jon �kaas, Public Works Director January 8, 2004 PW03-005 � SUBJECT: Public liearing on 2004 Street Improvement Project ho. ST. 2004 - 1 The City Council, at its December 8, 2003 meeting, passed a resolution calling for a public hearing on the 2004 neighborhood street improvement project This meeting was originally set for January 5, 2004. Proper advertising and notice could not be completed due to the holidays and, therefore, we delayed the hearing to the January 26, 2004 City Council meeting. All advertising and letters to property owners stated a meeting date of January 26, 2004 and all notification requirements have been met This public hearing is for the reconstruction of Lynde Drive, Regis Terrace, Regis Trail and also the University Avenue East Service Drive fi-om 61�` Avenue to Mississippi Str-eet Assessments for the residential portion are set at a not-to-exceed cost of �16.00 per foot of lot width. Per past city practice and policy, the assessments for the University Avenue East Service Drive commercial area shall be at one-halF the total cost to each side. The City will be absorbing the west half as this fronts on no properties. Jliti:cz � / AGENDA ITEM � CITY COUNCIL MEETING OFJANUARY 26, 2004 QTY OF FRIDLEY DATE: January 21, 2004 TO: William Bums, City Manager FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Continued Public Hearing - Ordinance Amending S-3, Onaway District, Solid Waste Screening Requirements. M-04-05 Introduction City staff is requesting consideration of an ordinance amendment to the Fridley City Code, Chapter 205, pertaining to S-3, Onaway District, screening of solid waste. The change in the code will not require screening of solid waste containers located within an alleyway in the Onaway District. Background/Reasoning During the systematic code enforcement sweeps of the commercial/industrial districts, it was brought to the attention of City Staff that industries in the Onaway District had unique hardships when it came to the screening of solid waste containers. In December 2002, City Staff hosted an open house for the Onaway District business owners to discuss various concerns they had regarding Fridley Ciry Code. At that time, City Staff and business owners collaborated to find ways that would provide relief to business owners from the Solid Waste, Chapter 113 requirements due to the unique conditions found in the Onaway District. Staff strived to maintain a balance between industry needs and community needs. Current language states that all solid waste containers are not to be visible from the public right-of-way. Many commercial and industrial sites have the space to accommodate an enclosure for the storage of containers. However, properties in the Onaway District with solid waste containers in the alleyway do not have the space to accommodate enclosures and/or have other extenuating circumstances that prohibit an enclosure on the property. As you may recall, Onaway business owners discussed the concerns of solid waste screening at the public hearing held for the amendment of chapter 205 (outdoor storage in industrial districts). It was determined that this ordinance amendment, in particular, would be in the best interest of the Onaway industries and the community. Past Council Action This item was tabled at the Council's November 24, 2003, meeting at the request of an affected property owner. All affected Onaway property owners were notified of tonight's Council via letter sent on January 8, 2004. Recommendations Staff recommends the approval of the proposed changes to the screening of solid waste requirements in the S-3, Onaway District. The proposed changes would allow Onaway District industries that do not have site conditions to accommodate a solid waste enclosure to be in compliance with Fridley City Code. Changes to the ordinance are noted in the attached ordinance format. .� ORDINANCE NO. AN ORDINAl�iCE AMENDING CHAPTER 205 4F THE FRIDLEY CITY CODE PERTAINING TO S-3, ONAWAY DISTRICT, SCREENING OF SOLID WASTE. THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That Section 205.25.10.D.(3) is hereby amended as follows: Anv bulk or box tvne container used for the storaee of �nixed municinal solid waste, recyclables. or compostables must be located in the rear or side yard and be totally screened from view from any public right-of-way (except as listed below). Provisions must be taken to protect screening from vehicle damage. Anv bulk or box ty�e container used for the storage of mixed municinal solid waste recvclables or comnostables located within an allevwav must be located within five (51 feet from the princinle structure and doe�_�t require screenine from any�ublic right-of-wav. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2004. ATTEST: DEBR.A A. SKOGEN, CITY CLERK Public Hearing: January 26, 2004 First Reading: January 26, 2004 Second Reading: Published: 65 SCOTT J. LUND, MAYOR / AGENDA ITEM � CITY COUNCIL MEETING OF JANAURY 26, 2004 GT1f OF PRIDLEY Date: January 21, 2004 To: William Bums, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: First Reading of an Ordinance Amending S-3, Onaway District, Solid Waste. M-04-06 INTRODUCTION City staff is requesting consideration of an ordinance amendment to the Fridley City Code, Chapter 205, pertaining to S-3, Onaway District, screening of solid waste. The change in the code will not require screening of solid waste containers located within an alleyway in the Onaway District PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council approve and hold the first reading of the ordinance to amend Fridley City Code, Chapter 205, S-3, Onaway District, Solid Waste. .. ORDINAI�ICE NO. AN ORDINAIYCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO S-3, ONAWAY DISTRICT, SCREENING OF SOLID WASTE. THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That Section 205.25.10.D.(3) is hereby amended as follows: Any�bulk or box tvoe container used for the storage of mixed municipal solid waste. recvclables. or comnostables must be located in the rear or side yard and be totally screened from view from any public right-of-way (except as listed below). Provisions must be taken to protect screening from vehicle damage. Anv bulk or box tvue container used for the storaee of mixed municinal solid waste recvclables. or compostables located within an allevwav must be located within five (51 feet from the nrincinle structure and does not require screenin� from anv gub(ic right-of-wav. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2004. ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: January 26, 2004 First Reading: January 26, 2004 Second Reading: Published: 67 SCOTT J. LUND, MAYOR = AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 CRY OF FRIDLEY Date: January 21, 2004 To: William Burns, City Manager �v � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: 2nd Reading Of An Ordinance for Rezoning Request, ZOA #03-02, Town Center Development M 04-04 INTRODUCTION Town Center Development, LLC, is requesting a rezoning for the west side of Central Avenue between Mississippi Street and E. Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District. The owners of Advance Companies, Ziebart, and the Housing and Redevelopment Authority have agreed to the rezoning request. PAST COUNCIL ACTION The City Council approved the 1� Reading at their January 5, 2004, meeting on a 4-1 vote. PLANNING STAFF RECOMMENDATION City Staff recommends the Council hold the second reading of an ordinance for the approval of the rezoning to S-2 and with it the accompanying master plan (depicting a 3 story building) for the zoning district. STIPULATIONS Staff recommends the following stipulations be attached to the rezoning (note a minor change to Stipulation 1, to reflect the site plan approved). 1. Property to be developed in accordance with site plan, depicting a 3 story building, approved by the City Council at their January 5, 2004 meeting. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire MarshalL 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. .: 7. Petitioner to provide cfearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. - 17. Petitioner to pay any required Park Dedication Fees. • 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23.The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25.The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 26. All drive aisles to be used for 2-way traffic shall be 25' in width. .• ORDINANCE NO. � ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Councii of the City of Fridley does ordain as foliows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 1282 Mississippi Street and 6490 Central Avenue: Lot 1, 2, 8� 3, Auditor's Subdivision No. 88, except road, subject to easement of record. 6400 Central Avenue, 6352 Central Avenue, 6300 Central Avenue, and 1271 East Moore Lake Drive: Lots 1-5, Block 1, Herwal Rice Creek TeRace, subject to. easement of record. Is hereby designated to be in the Zoned District S-2 (Redevelopment District). SE CTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-1 (Local Business), C-2 (General Business), C-R1 (General Office), and M-1 (Light Industrial) to S-2 (Redevelopment District). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5'�" DAY OF JANUARY 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: November 24, 2003 First Reading: Second Reading: Publication: 7� SCOTT J. LUND — MAYOR � CRY OF FRIDLEY Date: To: From AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 January 8, 2004 William Burns City Manager ^Ni' , � , Scott Hickok, Community Development' Director Paul Bolin, Planning Coordinator ', Stacy Stromberg, Planner I Subject: Special Use Permit Request, SP #03-2I4, Wallboard Inc. � M-04-10 INTRODUCTION The petitioner, Patricia Paraschuk, of Wallboard, Inc., is seeking a special use permit to allow limi�ed outdoor storage in the side and rear yards of her business, which is located at 5346 Industrial Blvd. The petitioner is requesting to store steel studs and other accessories related to the building trade, which are used for her business. City Code allows limited outdoor storage in the industrial districts with a special use permit as long as 9 specific code requirements are met. Those specific requirements relate to height, screening, parking, amount of outdoor storage and the types of materials allowed to be stored outside. PLANNING COMMISSION RECOMMENDATION At the January 7, 2004, Planning Commission meeting, a public hearing was held for SP #03-23. During the public hearing the petitioner stated that when she bought the property 1994, she received a letter from the City, which stated outdoor storage cannot exceed 15 feet in height. Therefore, the existing outdoor storage on her site is 15 feet in height and she is unable to meet the 12 feet code requirement. The letter that the petitioner received from the City stated that materials, motor vehicles and equipment cannot exceed 15 feet in height for incidental outdoor storage and the outdoor storage on this property has never been incidental. In order for the petitioner to exceed the 12-foot code requirement for outdoor storage, a variance would need to be granted. After a brief discussion, the Planqing Commission recommended approval of special use permit, SP #03-23, with the stipulations as presented and adding a 6th stipulations, that stated, "The petitioner shall apply for a variance within 60 days of approval of this special 71 use permit request or comply with the 12 foot height requirement for outdoor storage". THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall be responsible for screening the limited outdoor storage area in order to comply to with code requirements by August 1, 2004. 2. Outdoor sto�age cannot exceed 12 feet in height or exceed 50% of the principal buildings footprint. 3. Petitioner to provide City staff with a site plan showing the outdoor storage locations prior to the City Council meeting of January 26, 2004. 4. Trailers located outside the existing fence and within the public right-of-way shall be removed. 5. No outdoor storage other than the storage of items used for this business. 6. The petitioner shall apply for a variance within 60 days of approval of this special use permit request or comply with the 12 foot height requirement for outdoor storage. 72 City of Fridley Land Use Apptication SP #03-24 January 7, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Wallboard, Inc. Patricia Paraschuk 5346 Industrial Blvd. Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage of materials in the M-2, Heavy Industrial zoning district. Existing Zoning: M-2 (Heavy Industriaq Location: 5346 Industrial Blvd. Size: 160,000 sq. ft. 3.7 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-2 E: Industrial & M-2 S: Industrial 8� M-2 W: Industrial 8� M-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.12 requires a special use permit to allow limited outdoor storage. Zoning History: 1969 — Lot is platted. 1996 — Building constructed. 2001 — Storage building constructed. Legal Description of Property: Lot 1, Outlot D, Block 7, Great Northem Industrial Center Public Utilities: Building is connected. Transportation: The property can be accessed from Industrial Blvd. Physical Characteristics: Building, hard surface yard and parking area and landscaping. 3 SUMMARY OF PROJECT The petitioner, Ms. Paraschuk of Wallboard, Inc., is seeking a special use permit to allow exterior storage in the side and rear yards of the property located at 5346 Industrial Blvd. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulafions. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial district, provided specific code requirements are met. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 26, 2004 60 Day — February 2, 2004 Existing Building Staff Report Prepared by: Stacy Stromberg SP #03-24 REQUEST The petitioner, Patricia Paraschuk, of Wallboard, Inc., is seeking a special use permit to allow limited outdoor storage in the side and rear yards of her business, which is located at 5346 Industrial Blvd. The petitioner is requesting to store steel studs and other accessories related to the building trade, which are used for her business. ANALYSIS The property is zoned M-2, Heavy Industrial, as are all surrounding prope�ties. The subject property is located on Industrial Blvd. Wallboard purchased the property in 1994 and constructed the existing building in 1996 and an additional storage building was constructed in 2001. Wallboard Inc., is in sales and the distribution of building materials. Existing Building City Code allows limited outdoor storage in the industrial districts with a special use permit as long as 9 specific code requirements are met. Those specific requirements relate to height, screening, parking, amount of outdoor storage and the types of materials allowed to be stored outside. The petitioner is requesting to allow the continuation of the existing outdoor activity that currently takes place on the property. Drywall, insulation and other building materials are stored inside, however steel studs and other accessories related to the building trade are stored outside. Therefore, the petitioner is requesting this special use permit to allow this outdoor storage. As stated in the petitioners' narrative, on a daily basis, dozens of trucks of building materials are received and shipped and the majority of their inventory turns very quickly. In order for their business to survive, this daily activity needs to commence. 74 Currently, the perimeter of the property is fenced and landscaped. The petitioner plans to install slats in the existing cyclone fence, to meet the outdoor storage screening requirement. Location of Outdoor Storage City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval as limited outdoor storage is permitted under a special use permit in the S-3 Heavy Industrial, Onaway Addition zoning district. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall be responsible for screening the limited outdoor storage area in order to comply with code requirements by August 1, 2004. 2. Outdoor storage cannot exceed 12 feet in height or exceed 50% of the principal buildings footprint. 3. Petitioner to provide City staff with a site plan showing the outdoor storage locations prior to the City Council meeting of January 26, 2004. 4. Trailers located outside of the existing fence and within the public right-of-way shall be removed. 5. No outdoor storage other than the storage of items used for this business. 75 � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF JANUARY 26, 2004 FRIDLEY INFORMAL STATUS REPORTS 76