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FRIDLEY CITY COUNCIL MEETING
OF MAY 22, 2006
7:30 p.m. — Citp Council Chambers
Attendance Sheet
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� CITY COUNCIL MEETING OF MAY 22, 2006
CffY OF
FRIDLEI'
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.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 8, 2006
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission
Meeting of May 3, 2006 ................................................................................ 1- 4
2. Special Use Permit Request, SP #06-05, by
Brian Bona, to Allow a Free-Standing Electronic
Changeable Message Board Sign, Generally
Located at 5333 University Avenue N. E. (Ward 1) ....................................... 5— 9
3. Receive Bids and Award Contract for the Tree
Stump Removal and Restoration Project ...................................................... 10 - 11
FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Resolution Ordering Preliminary Plans,
Specifications and Estimates of the Costs
Thereof: Mill and Overlay Project No.
ST. 2006 — 2 ................................................................................................. 12 - 13
5. Resolution Receiving the Preliminary Report and
Calling for a Public Hearing on the Matter of
Construction of Certain Improvements: Mill and
Overlay Project No. ST. 2006 — 2 ................................................................. 14 - 24
6. Resolution Providing for the Sale of $2,505,000
G.O. Improvement Bonds, Series 2006A ...................................................... 25 - 26
7. Resolution Authorizing Final Changes in Appropriations
for the General Fund, Special Revenue Funds, and the
Capital Improvement Fund for the Year Ended 2005 .................................... 27 - 31
8. Appointment — City Employee ...................................................................... 32
9. Claims .................................................................................................. 33
10. Licenses .................................................................................................. 34 - 35
11. Estimates .................................................................................................. 36
FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 3
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
OLD BUSINESS:
12. Approve Roadway Major Maintenance
Financing Policy (Tabled May 8, 2006) ............................................................. 37 - 40
13. First Reading of an Ordinance Repealing
Chapter 105 of the Fridley City Code
Pertaining to Landscape Maintenance
(Tabled May 8, 2006) ........................................................................................ 41 - 46
NEW BUSINESS:
14. Resolution Approving a Plat, P.S. #05-08,
Gateway West 1St Addition, by Blue Print
Homes, for the Purpose of Creating Seven
Single Famil� Lots, Generally Located
Between 59t Avenue and 61 St Avenue, and
3rd Street and University Avenue N.E.
(Ward 3) ....................................................................................................... 47 - 51
15. Informal Status Reports ..................................................................................... 52
ADJOURN.
CITY OF COUNCIL MEETING
CITY OF FRIDLEY
MAY 8, 2006
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
7on Haukaas, Public Works Director
Richard Pribyl, Finance Director/Treasurer
PROCLAMATIONS:
Peace Officers Memorial Day. May 15, 2006
Poppy Days: May 19 — 20, 2006
Public Works Week May 21 — 27, 2006
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Board of Appeal and Equalization Meeting of Apri124, 2006.
APPROVED.
City Council Meeting of Apri124, 2006.
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 4, Absentee Ballott Precinct
Elections, of the Fridley City Code.
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 2
William Burns, City Manager, stated this legislation seeks to bring the language in the Fridley
City Code on absentee ballots into conformity with legislation passed last year by the State
legislature. Rather than relying on precinct officials to count absentee ballots, the new language
assigns this to a committee comprised of representatives from the various jurisdictions in the
County. These judges/city staff inembers will function as an absentee ballot board. Their role
will be to examine absentee ballots for procedural correctness and forward them to the correct
precincts for counting. Staff recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1231 ON SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. Resolution of the City of Fridley Terminating ICMA as the Administrator of the
City of Fridley Deferred Compensation Plan and Authorizing the City of Fridley,
Through its City manager, to Enter Into Necessary Agreements to Hire Wells
Fargo, N.A., to Administer the Plan.
William Burns, City Manager, stated staff began evaluating the performance of the deferred
compensation plan in August of last year and found it lacking. Staff subsequently interviewed
three alternative plan administrators and came to the conclusion that Wells Fargo would best suit
the needs of the plan participants. They have communicated their intentions to plan participants
through two mailings and a participant meeting. They have also discussed the termination of the
current plan with Council and employee participants at Council's April 17 conference meeting.
This resolution asks that Council terminate its relationship with the current plan administrator,
ICMA, and initiate a new relationship with Wells Fargo for purposes of administering the City's
deferred compensation plan. More specifically, the resolution authorizes the City Manager to
execute all necessary documents associated with an amended deferred compensation plan. The
resolution also appoints Financial Concepts, Inc., as the City's financial advisor and on matters
related to the formulation of the plan and implementation thereof. It also establishes that there
shall be an employee investment committee for purposes of overseeing the plan, and that the City
Manager shall appoint the committee members. If Council approves the resolution, staff and
Financial Concepts will complete a trust agreement which outlines the custodial responsibilities
and legal obligations of Wells Fargo. Staff will ask Council for approval of this trust agreement
at the May 22 council meeting. The goal is to complete the conversion from ICMA to Wells
Fargo by approximately November 1. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. Preliminary Plat Extension, PS #05-08, by Blue Print Homes, to Replat to Create 16
New Single Family Lots for the Gateway West Redevelopment Project Generally
Located at 271 and 281— 57t'' Place, 5740 University Avenue, and 5917 through 5955
3rd Street (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 3
William Burns, City Manager, stated staff is asking for the extension in light of the title
problems at the title examiner's office at Anoka County. Staff's intent is to split the plat and
bring the initial plat back at Council's next meeting. They hope to return with the second half of
the plat by July 24. Staff recommends Council's approval.
APPROVED.
4. Approve 2006 SCORE Grant Agreement for Recycling Program.
William Burns, City Manager, stated this is an annual event that is the basis for the City's
receipt of SCORE funding from Anoka County. This year's agreement provides up to
$63,241.60 for the funding of the City's recycling programs. In addition to establishing
eligibility for funding, the agreement also defines program components, reporting requirements,
billing and payment procedures, letter keeping responsibilities, and other general provisions and
responsibilities. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Receive Bids and Award the 2006 Street Improvement Project No. ST. 2006 — 1.
William Burns, City Manager, stated five bids were opened on April 28. The low bid was
received from Park Construction in Hanson, Minnesota, in the amount of $3,120,893.85. Of this
amount, $330,000 will be provided by the State through the Municipal State Aid System
Program; $556,681 will be assessed to property owners for the public share of the project;
$333,790 will come from property owner assessments for private driveway construction;
$584,517.20 will be transferred from the City's utility accounts for sewer and water
improvements; and $1,275,455.57 will be paid through the issuance of general obligation bonds.
Staff recommends the bid be awarded to the low bidder, Park Construction, in the amount of
$3,120,893.85.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
6. Award Construction Survey Contract for 2006 Neighborhood Street Reconstruction
Project.
William Burns, City Manager, stated the contractor will provide construction surveying,
staking, and as-built drawings for the 2006 project at an amount not to exceed $94,396.21. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
7. Approve Contract Amendment with SEH, Inc. for Contract Administration and
Inspection Services on the 2005 Street Reconstruction Project.
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 4
William Burns, City Manager, stated this addition cost was incurred because of delays caused
by the Rice Creek Watershed District approvals on the 2005 Street Reconstruction Project. Of
the $31,533 additional construction supervision costs, $21,883 is for work completed in 2005
and $10,650 is for work carried over into this year. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
8. Approve Change Order No. 1 to the Commons Park Water Treatment Plant
Upgrade Project.
William Burns, City Manager, stated staff is asking for approval of a possible change order for
the Commons Park Water Treatment Plant Upgrade Project in the amount of $49,608. The
additional cost is for 14 pressure transmitters that are used for controlling operation of the 7 new
water filters. That cost is $30,855. It also includes new chemical feed pumps used for feeding
fluoride and potassium permanganate at a cost of $18,753. During the design of the project,
these items were originally planned to be reused but, once construction began, they were
determined to be worn out. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
9. Claims (126421— 126604)
APPROVED.
10. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
11. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Maertens-Brenny Construction Company
8251 Main Street N.E.
Fridley, MN 55432
Locke Park Water Treatment Plant Improvements
Estimate No. 2 ............................................................$54,756.10
Concrete Idea, Inc.
13961 — 44th Lane N.E.
St. Michael, MN 55376
2006 Miscellaneous Concrete Repair Project No. 365
Estimate No. 2 ............................................................$ 9,788.80
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 5
Councilmember Bolkcom requested that Items 2, 4, 5, 6, 7, and 8 be removed and placed on the
regular agenda.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Items 2, 4, 5, 6, 7, and 8. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Barnette to approve the agenda with the addition of Items 2, 4, 5,
6, 7, and 8 and adding Item 15. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
No items presented.
PUBLIC HEARING:
12. Consideration of a Text Amendment, TA #06-01, by the City of Fridley, to Amend
the Sign Code, Chapter 214.
MOTION by Councilmember Billings to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:51 P.M.
Scott Hickok, Community Development Director, stated the City of Fridley is the petitioner in
this case. They have had discussions in the past about signs along the corridors of 694 and also
relative to some church requests. They have also had some discussions about signage along the
north/south corridors.
Mr. Hickok said regarding institutional signage, after discussions with the City Council at one
of their conference meetings, many suggestions came forward about how they should handle the
topic of churches along the north/south corridors. There was some discussion about signage that
competes with surrounding commercial entities and a universal sign amendment that treats all
churches the same. After evaluating each alternative, staff believes that an amendment that treats
all churches and other institutions — schools, hospital and medical clinics the same — would be
the right solution. The current sign code allows churches and other institutions to have one area
identification sign of 32 square feet maximum. The Woodcrest Baptist church and St. Philip's
Lutheran Church in the recent past have requested variances to increase the size of their
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 6
freestanding signs from 32 square feet to 80 feet respectively. Both of these variances were
denied but there was an obvious interest on the part of the churches and, in some cases, school
representatives, to allow larger freestanding signage on their sites. Churches in Fridley are
generally located in residential districts, so it is understandable signage is limited typically in
residential districts. The new language staff is proposing would allow institutions, schools,
churches, hospitals, and medical clinics to have up to 80 square feet of freestanding signage as
long as they would meet the following requirements:
2. A ma�mum size of eighty (80) square feet in area is allowed per development
provided the following criteria is met:
a. Signs over thirty-two (32) square feet shall be placed a minimum of fifty
(50) feet in front of any neighboring residentially zoned property (not
including a residential site the institution is located upon).
b. Sign shall be placed so illuminated sign face is perpendicular to adjacent
roadways.
c. Sign shall not create a glare that will impact adjacent residential
properties.
Mr. Hickok stated staff is also proposing to allow institutions to have wall signage and
temporary signage in accordance with the standards allowed in commercial and industrial zoned
properties. City staff researched several cities in the metro area and found that many cities allow
churches or residentially-zoned properties to have a maximum of 32 square feet of signage on
their freestanding sign. A few exceptions were Eden Prairie where they allowed churches to
have 80 square feet and Mounds View where they allowed up to 100 square feet for ground signs
at churches.
Mr. Hickok stated regarding Interstate 694 corridor signage, there was some interest in taking a
look at this as well. Signage related to the Interstate 694 corridor has been brought to their
attention by Medtronic's' recent request to install a billboard type sign on the southwest side of
their property to announce community service items. As they are aware, this request was
approved by the Planning Commission and City Council and, therefore, Medtronic's billboard
matter was resolved through a master plan amendment to the S-2 Redevelopment District. For
the past several years the Appeals Commission and City Council have seen several variance
requests for businesses along Interstate 694. These variances were to allow larger signage. In
fact, of the 15 properties abutting 694, 5 of them have received sign variances. Staff determined
it would be better to try and match the signage with the size of the development, rather than
simply allowing 280 square feet to 500 square feet on all properties along that corridor. So they
have illustrated an acreage class and sign size permitted based on that acreage class for Council's
review. This would become an integral part of the text amendment. A site that is over 35 acres
would be entitled to 500 square foot sign. A site that is 10 to 35 acres would be entitled to a 240
square foot sign. A site that is 1 to 10 acres would be entitled to 120 square foot sign. Those
less than 1 acre would remain entitled to an 80 square foot sign. At about Seventh Street at I-
694, there is a tiny site that already has a billboard on it, but that is the only commercial site
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 7
along that stretch. There are a couple along the exit less than an acre that would still be entitled
to an 80-foot sign which the Code currently allows.
Mr. Hickok stated the proposed sign language would require that the sign be located between
the principal building and interstate right-of-way. The sign would be in addition to that which
the property is entitled to based on the zoning for that property. For example, Tyro Industries
could have a 240 square foot freestanding sign based on their size of 25 acres between the
interstate right-of-way and the principal building. In addition they could have an 80 square foot
sign along East River Road, for example, near the entrance. Staff contacted a variety of
communities in the metro area and, of the 10 communities surveyed, half of them had special
signage requirements for properties along major highways or interstates, and they run a spectrum
of sizes.
Mr. Hickok stated in the definition section, the modification to the definitions is simply adding
an Interstate 694 corridor definition to match the discussion they just had in the language in the
Code, to better define the word "alteration" and to deleting the portable sign definition and
combine that with the temporary sign definition.
Mr. Hickok stated regarding requirements for political signs, banners, and pennants, this is
another issue that has come up in the past. To place political signs in the community, you need
to make a$15 deposit. That deposit assures that you will take the signs down after the election.
They have always believed that the fee amount should relate to the work necessary. It really has
been proven that very few candidates for public office even bother to apply for the permit and
pay that minimal fee. Even at $15, it is harder to track down the candidates and get the right
person from the campaign office. They are suggesting that the $15 be removed. The city clerk
has stated that most of the local candidates will fill out the permit and pay the fee but it is very
rare for the state and federal level candidates to do that.
Mr. Hickok stated under the code section related to temporary signs, there is a section related to
banners and pennants. This section allows banners and pennants for business anniversaries,
grand openings, or other special events not connected to the business. Cities by constitutional
regulations cannot regulate content. Staff advises they would remove that section. Staff
recommends an amendment to the section of the sign code related to temporary signs to clarify
the word "temporary" and delete the word "portable" in order to be consistent. Staff also
recommends a change to the maximum number of sign permits allowed for multi-use buildings
or shopping centers. Currently if a shopping center has 6 to 10 businesses, they are allowed 3
temporary sign permits per year. They would like to increase that number. The business
community has indicated that this would be helpful. They would like to increase that number to
represent at least half the businesses within the shopping center. They would like to clarify when
sign permits are needed and when they are not. They would like to take each subcategory within
the sign code and make it state whether a sign permit is required.
Mr. Hickok said with respect to adding a section for R-3, they have R-1, R-2, R-3, and R-4
residential code sections. Section R-3 in every other way is regulated like business. It is a
higher density multi-family. The current sign code puts all regulations for residential properties
in the same category. That category allows for a 24 square foot identification sign and one wall
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 8
sign at 3 square feet. It means the neighborhood might have had a 24-square foot area
identification sign and then each homeowner might get their name and address on the sign. It is
common for multi-family properties to want additional wall signage beyond the 3 square feet.
Sometimes they use temporary signs because they do not have wall signage permitted. Staff is
recommending that we adopt a special section for R-3 properties allowing them to have one area
identification sign or a"ground" sign of 24 square feet and wall signage and temporary signage
similar to our commercial and industrial properties. That means the wall signage would be
relative to that formula based on the size of the wall, and the temporary signage would be by
permit through the process that is already outlined in the sign code.
Mr. Hickok stated they would like to relocate the billboard section of the code that relates to
both commercial and industrial sections. In the code it is in the industrial section with no
reference to it in the commercial section. They would like to remove it and have a heading for
billboards and put the language there. They would also like to eliminate area identification signs
in commercial and industrial districts. Those districts currently allow one area identification
sign. The intention behind this was to allow the area to be identified and then each business
behind that area identification sign to have its own freestanding sign. Staff is suggesting that the
area identification signs be taken out but the freestanding signs remain. Staff would recommend
that if it is removed, a reference to the S-2 Redevelopment District be added. They would like to
make a reference to S-2 and put it into the section that also includes public and planning unit
development. The signs for these districts are controlled by the City Council through the
project's master plan.
Mr. Hickok stated with respect to updating the non-conforming language related to signs, State
statutes were recently changed to allow non-conforming uses to continue to exist through repair
or replacement, restoration, maintenance or improvement but not expanded if use is damaged
beyond 50 percent. New legislation also states that in order for that non-conforming use to
continue to exist, a permit needs to be acquired within 180 days after the sign is damaged. Staff
requests that we update the sign code to reflect the newly passed State legislation.
Mr. Hickok stated staff recommends approval of the proposed changes to the City's sign code.
These changes will not only provide benefits for institutions and businesses along the interstate,
they will also help clean up some of the minor imperfections found in the City Code.
Councilmember Barnette stated one of the issues he was concerned with was the church
signage and the requests they received from two churches that were on maj or thoroughfares. He
had a concern that all churches be treated fairly. He said they had also received a number of
complaints over the years about real estate signs, open house signs and garage sale signs.
Mr. Hickok replied Fridley Methodist is a good example. What this does is basically defines a
spot on the site where it does not impact a neighbor immediately.
Mr. Hickok stated regarding the real estate signs, people are entitled to have real estate signs on
their property 10 feet back from either property line. On the corner for example, they could
conceivably have a freestanding sign on the front of the property and the side of the property, set
back 10 feet in. They can use open house signs and can even use those on the right-of-way,
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 9
because they are self-regulating, they are self-policing, and they are only out during the open
house. The signs that are not permitted are off-site signage. Regarding the proliferation of
rummage sale signs in the summertime, our code and every code he has reviewed in the Twin
Cities has some language in there about rummage sale signs. They think that code language is
adequate and they have not sought to address that.
Councilmember Wolfe said with respect to real estate signs, the way most companies do it now,
they are buying relatively expensive directional signs to houses; and they are picking them back
up.
Councilmember Bolkcom said there is a church on Central that says no one can see them. She
asked if they could they put up an 80 square foot illuminated sign.
Mr. Hickok replied said they could but would need to follow all the code requirements for
lighting. They could even go through the special use permit process to do an electronic message
center.
Councilmember Bolkcom said she thought they were being generous. It seems that there are
very few cities that allow an 80 square foot sign in their communities. She is having a hard time
with allowing it.
Councilmember Bolkcom asked about the section on illumination.
Mr. Hickok said it is under the section on Institutional Signage.
Councilmember Bolkcom asked how staff would decide if a sign creates a glare.
Mr. Hickok replied the "glare" piece is pretty standard to the City Code. Internally lit signs are
deemed to not have horizontal glare. Say there is a nice carved wood sign and people want to
put spotlights on it. Sometimes the spotlights are not adjusted properly so if a car is driving by
the neighborhood residents might get a glare. It is pretty easy to see when you are out in the
field. Staff does enforce it.
Councilmember Bolkcom asked if a temporary sign can be as simple as taking a piece of paper
and writing on it.
Mr. Hickok replied temporary signs outside typically are not paper signs. They can have paper
signs on their windows, as long as they do not cover more than 40 percent of their window.
Often there are banners outdoors that might say something about a holiday. Staked in the ground
or on the building with grommets and rope, that is more typical of a temporary sign.
Councilmember Bolkcom asked if she just wanted to have a sign that said `Bingo Tonight" and
hang that up, does she need to have a permit?
Mr. Hickok said she would need a temporary sign permit.
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 10
Councilmember Bolkcom said she could have as many as she wants as long as she applies for
them. She asked how long and how many time she could get one.
Mr. Hickok replied it is spread out based on the number of businesses in a business district.
Councilmember Bolkcom asked about the wall sign.
Mr. Hickok replied although it always gets a chuckle, it is probably one of the most effective
ways for them to regulate sign size relative to the face that it is going on. What it does is put a
skill to the sign that is relative to the sign face and, frankly, he has not seen an ordinance that he
likes the wording better. It is easy to enforce as well.
Councilmember Bolkcom stated with respect to the I-694 issue, the code would allow whatever
new business that comes in on East River Road south of I-694 to put in a bigger sign.
Mr. Hickok replied, yes. The intent was to make sure the new larger signs are between the
building and highway and not on the residential side.
Councilmember Billings asked under 214, Temporary Signage, the language for (5), Banners
and Pennants was deleted. As he recalled in 1986 when that was put it, it was done to
accommodate the `49er Days sign that was put across the street advertising 49'er Days. Also the
church offMississippi would use a banner to advertise Labor Day garage sale. The language was
included to accommodate those types of signs. He asked if there was a provision included for
those signs.
Mr. Hickok replied a few years back, while Michael Servetus Church was putting up the banner
over Mississippi, they nearly lost the person putting up the sign. It got caught in the wind, and
almost pulled the employee off of the ladder/boom truck There is some liability that goes along
with having a banner over the street, and so Council viewed that and discussed it and determined
that it would no longer be permitted. The code does permit us to use whatever signs we feel is
appropriate for public events. We can use the public right-of-way. Private entities like the
churches cannot.
Councilmember Billings stated regarding I-694, it was the recommendation of the Planning
Commission that they do not approve this particular section of changes. He asked what the
primary obj ection was.
Mr. Hickok replied they thought it was too much signage along the corridor and felt that our
sign code provided adequate provisions for signage. They did not want to go the added
dimension.
Councilmember Billings stated when staff chose to draft the language relative to the right-of-
way for I-694, did they consider drafting language that would be related to, say the centerline
median of I-694, thus eliminating the wrap around at the intersections?
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 11
Mr. Hickok replied there was some discussion about that, and he thinks it was deemed a bit
difficult by staff to make those measurement distances from the centerline of the highway.
Instead they chose properties that bordered I-694 but stop at a point where they felt it was out of
view of the corridor along I-694.
Councilmember Billings stated in addition, staff has chosen a definition of placing the sign
between the building and I-694 but allowing whatever signage was on the site to remain. He
asked if they considered the possibility of making this a replacement sign. In other words if they
chose to use a I-694 overlay sign, would they have to give up the right to their other pedestal
sign?
Mr. Hickok replied they wanted to leave that to the discretion of Council. In their discussions
with Council, they felt there was an interest in having an overlay possibly along I-694 but they
also felt there needed to be a distinction.
Councilmember Billings stated he knew that this particular section was actually initiated by
Council. When it was presented to staff, it was presented as a dimension off of the centerline
and it was also presented that the sign had to be within the defined overlay area, thus making it
likely between the building and I-694. It was also suggested that if they opted to go for this large
sign on I-694, they would give up their other pedestal sign on the site.
Councilmember Bolkcom stated she thought when they had originally listened to the language
that it was going to be more related to how far off they were from 694. She does have a problem
that there could be this big proliferation around 694 and with rather large signs.
Councilmember Wolfe said there are only 6 or 7 businesses along the interstate.
He did not have any problem with it.
Councilmember Bolkcom stated they are being very generous in the residential area related to
churches. She is not against the signage, but she thinks there is such a thing as visual clutters.
She said this is a little different from what she thought was originally proposed.
Mr. Hickok stated he thinks that is fine that the measurement from the centerline of the right-of-
way is just fine. There has to be some way they can articulate which properties would be entitled
and which would not.
Councilmember Billings stated regarding the area of billboards. They only have the changes
before them in the ordinance, and it is hard to see how everything interrelates with everything
else. It seems to him that their sign code prohibits new billboards being constructed.
Mr. Hickok replied they are just moving it within the code and they are adding the non-
conforming language. Other than that they have not changed the regulation at all. He would
share that concern; they do not want to make it easier; they do not want to open up new
properties that would not otherwise have been entitled. This does not do that. It just moves it to
a different area of the Code so it has a distinct heading.
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 12
Councilmember Billings asked if there was a current prohibition for new billboards being
constructed.
Mr. Hickok replied when you go through and look at the regulation as it is defined, finding a
site you can actually put a billboard on is nearly impossible because it talks very specifically
about where they can be. If you combine that with the zoning where it is permitted, and look
thoroughly through our City, there really is no opportunity. A billboard company indicated that
the only opportunity they saw was the BAE United Defense site based on how our ordinance was
constructed, and BAE was not interested in having one there.
Howard Helgen, 6180 Highway 65 NE, approached on behalf of St. Philip's Lutheran Church.
He appeared before Council in January 2005 for a variance request for their property. Council
denied that request by a 3-2 vote. At that time they were requesting permission to put up a 78
square foot sign but as he pointed out at that time, they are in a rather unique situation. They are
not really similarly situated to the other churches in Fridley because they are zoned R-3 as a
residential property, but they are located in a busy commercial area, around the corner of
Highway 65 and West Moore Lake Drive. They had many pictures and photographs they
showed them at that time which showed they are surrounded by large signs. Yet, by their
residential zoning they are restricted to a 32 square foot sign. They were told the Council was
going to be coming up with some other proposal for signs. Now they have a provision that says
churches in Fridley would be allowed to use 80 square foot signs. He asked if the Planning
Commission had recommended denial.
Mr. Hickok said they had.
Mr. Helgen said on behalf of St. Philips he is requesting that Council not go along with the
Planning Commission. It does not make sense from their perspective to deny them to be able to
put up a sign when they are basically located in a commercial area. He said they would request
that St. Philip's be included in a highway sign district. He said their church has over 7 acres of
property. If they look at the I-694 corridor proposal, a business that has 1-10 acres would be
allowed to put up a 120 square foot sign. They are only allowed 32 square feet and, under the
proposed ordinance, they would be allowed 80 square feet. So they are asking the Council to
either adopt the 80 square foot provision that staff is recommending or they would really prefer
they be a separate highway district that would allow businesses on the highway to be able to
construct a reasonable sign. It is really a matter of what is a reasonable use of their property.
Councilmember Bolkcom stated one other option they had was they could get the property
rezoned.
Mr. Hickok replied a rezoning would not get them over what is being granted.
Mayor Lund stated about the highway overlay district, he thought there was some discussion
about that.
Councilmember Billings stated he thinks when he originally suggested this to staff, he
suggested that they do an overlay district for highway-traveled streets. He thinks that after staff
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 13
analysis, staff determined that most of the churches are on East River Road, Mississippi
Bouelvard, University Avenue, Highway 65, and 73rd Avenue, and by the time they got done
doing one that was an overlay district relative to the traffic count, they would have essentially all
of them. Staff was also concerned that they were treating the churches differently than the
schools, so they decided to bring back the recommendation that they would just do it for all.
That does not mean they are all going to put up 80 square feet signs. Some do not need that.
MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember
Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 9:06 P.M.
NEW BUSINESS:
13. Variance Request, VAR #06-04, by Michael McPhillips, to Reduce the Side Yard
Setback on a Corner Lot from 17.5 Feet to 6 Feet to Allow a Garage Addition,
Generally Located at 291 Sylvan Lane N.E. (Ward 3).
Julie Jones, Planning Coordinator, stated petitioner is requesting the variance to allow the
construction of a 264 square foot addition to the existing attached garage located at his residence.
His hardship statement states as follows: "There is minimal traffic on University Avenue
Service Drive north of Sylvan Lane. There is a stop sign on Sylvan Lane before entering the
Service Drive eliminating sight problems that could be potentially caused by the new structure."
Ms. Jones said the property in question is zoned R-1, Single-Family, as are all surrounding
properties. The lot is rectangular shaped and fronts on Sylvan Lane. The home and garage were
constructed in 1969. In 1986, an accessory structure was built on this property in the rear yard.
The property owner obtained a special use permit as was required at the time for the second
accessory structure. At the time it was approved, it was stipulated that a driveway did not need
to be installed to the accessory structure, as long as the structure was not being used for motor
vehicle storage. There is no evidence on the landscape currently that the structure is being used
for motor vehicle storage. The City Code requires a 17-'/z foot side yard setback for all
structures on a corner lot. The existing garage is approximately 18 feet from the side yard
property line and meets City Code requirements. The petitioner is proposing to construct a 12' x
22' addition to the garage. That is to the depth of the existing garage, which would reduce the
side yard setback to approximately 6 feet. The petitioner's property will continue to meet all
other setback lot coverage and allotment of accessory structure requirements after the proposed
garage addition is constructed. The proposed addition will be used for storage space of vehicles
and other garage materials. City staff has no recommendation on this request as it is within
previously granted dimensions. The City did grant a variance in 1990 to a property just a couple
of blocks away from the subject property at 6261 Rainbow Drive. This variance was granted to
reduce the side yard setback on a corner lot from 17 '/z feet to 4'/z feet to allow the construction
of a second detached accessory structure in line with the existing garage. The Appeals
Commission held a public hearing on this variance request on April 26. The variance was
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 14
approved on a 3-1 vote. It was brought before Council because there was not a unanimous vote.
Mr. Kuechle on the Commission voted in opposition because of a lack of hardship, noting there
was a hardship in the 6261 Rainbow Drive variance because of widening of the University
Avenue Service Drive. Since the Appeals Commission meeting, staff has confirmed the
information provided by Mr. Kuechle. The house at 6261 Rainbow Drive was constructed in
1953. The University Avenue Service Drive was constructed in 1965 and likely took land from
the side yard of 6261 Rainbow Drive. The house at 291 Sylvan Lane, however, was constructed
in 1969 which was after the widening of the Service Drive.
Ms. Jones stated the Appeals Commission did look at the language in State Statutes regarding
hardship and studied and discussed the language at their meeting. Staff does recommend if the
City Council does approve this variance, that they also request stipulations on the variance.
Councilmember Bolkcom asked if there was any place else this addition could be placed.
Ms. Jones said it would be feasible for the petitioner to add onto his existing accessory structure
in the rear yard. However, if he did, since he is planning on using this space for storage of motor
vehicles, he would need to install a driveway and have additional curb cut on his property to that
structure which currently does not have a driveway.
Councilmember Bolkcom asked what kind of impact it would have on the neighborhood.
Ms. Jones replied it would have less visual impact on the corner and that is the concern of the
side yard setback, the vision safety.
Councilmember Bolkcom said so the undue hardship is that he would have to have another curb
cutting and another driveway to another accessory structure.
Councilmember Wolfe said he things it would look nicer doing it the way the petitioner wants
to do it.
Councilmember Barnette stated he would have to have a curb cut off of the Service Road. To
him this makes a whole lot more sense to add onto his existing garage with his existing
driveway. Architecturally, visually, and reasonably, it makes sense to him to do what the
petitioner is doing.
Michael McPhillips, petitioner, stated if he added onto his shed and put in blacktop, he would
loose some trees. He mentioned the other property mentioned involved the petitioner getting a
double "detached" garage and he does not understand what the hardship was there.
Councilmember Billings asked about the property immediately north of the petitioner.
Mr. McPhillips replied that house faces east, or University Avenue.
Councilmember Billings said so the garage in his yard would be next to their side yard.
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 15
Mr. McPhillips replied, yes.
Councilmember Billings asked how far was the petitioner's property to the right-of-way. He
asked how wide the boulevard was.
Mr. McPhillips stated it is a 12-foot garage, 6.2 feet to the property line, and 9.3 feet to the curb.
Councilmember Billings stated so the new place is going to be 15 feet to the curb.
Mr. McPhillips replied, 15.5 feet.
MOTION by Councilmember Bolkcom to approve Variance Request, VAR #06-04, by Michael
McPhillips, with the following two stipulations:
Petitioner shall obtain all necessary permits prior to construction.
2. Addition shall be architecturally compatible with the existing home and garage
and finished with complementary siding and color scheme.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Approve Roadway Major Maintenance Financing Policy.
Jon Haukaas, Public Works Director, stated this is policy on financing for major maintenance of
City streets, commonly referred to as the assessment policy. He provided this to Council as an
informational item some time back and has given them updates since. Essentially, this is for
future street reconstruction. Once they complete their current focus on bringing all City streets
up to the standard of concrete curb and gutter, it will continue the past policy of assessing 100
percent of the improvement cost for all properties except those zoned R-1 or R-2, the low-density
residential properties and it provides for a new cost share formula for those residential-zoned
properties. Major maintenance is defined as total or partial reconstruction of the streets plus mill
and overlay type projects. Minor maintenance, which would not be assessed, would be crack
sealing, sealcoat, pothole patching, and other asphalt repairs that they do on an ongoing basis.
The R-1 and R-2 properties would be assessed on a per lot basis and would be assessed a total of
50 percent of the cost based on a standard street of 30-feet wide. What they would do is, if the
street is only 30-feet wide which is the City standard, they would take half that total cost and
divide by the number of lots involved. Any property that is addressed on a reconstructed or
improved street would be counted in those that would pay an assessment. If the street was wider
than the residential standard of 30 feet, any items that pertain to that would be reduced to the
equivalent 30-foot wide street standard and the difference would be added to the City's cost.
This is an averaging method so that other than the fluctuations in prices from year to year,
residential properties are treated basically equal throughout the City. This is becoming the norm
across the area. There are several cities that have done a standard street assessment. We would
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 16
prefer to use the actual cost each year as historically Fridley has. Any assessments are based on
the real cost. We would have estimates of these costs at the time of the public hearing similar to
what we do now, and adjust those based on actual costs after the project is completed.
Mr. Haukaas stated utility repairs would not be assessed but rather paid for from the respective
utility enterprise funds. They do take roadway reconstruction as the opportunity to repair water
lines or sewer lines and make utility adjustments as necessary. They do have a current policy in
place for major storm sewer extensions.
Councilmember Wolfe asked if everyone would pay the same even if their lot were bigger.
Mr. Haukaas said they would. For the most part in residential neighborhoods, everyone gets
approximately the same benefit. One house is not getting all that much better of a deal because
they have a little bit longer lot or a corner lot. Everyone uses it on average about the same. So
they would like to go to a simpler, straightforward assessment policy.
Councilmember Bolkcom stated so if she lives on a corner lot would she get assessed on her
front yard and her side yard.
Mr. Haukaas replied they would continue with the past history of assessing the address side.
Councilmember Bolkcom stated in the policy under "definitions" it says property with frontage
(rear, side, or front) along a roadway would be considered to receive benefit from any major
maintenance projects. It seems to mean on a corner she could be assessed on both sides because
she is a benefited party as she drives on both sides.
Mr. Haukaas said that definition applies to not only residential but to commercial/industrial.
They could further clarify that for those residential properties that it would be based on the
address side.
Dr. Burns asked what about a property that has two front yards.
Mr. Haukaas replied that is similar situation to the corner lot, they would again apply the
address side standard to a double front.
Councilmember Billings asked if Council had approved something similar to this not too long
ago or if they had just talked about it in a conference meeting.
Mr. Haukaas said they presented the information at a conference meeting.
Councilmember Billings commented the only real change in this is the wider than 30-foot
streets section.
Mr. Haukaas replied, yes. This is being brought to them as a policy and intended to be a
guideline. It is not like an ordinance. The intention is that this applies to 99 percent of the
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 17
properties. The other 1 percent special situations would be brought to them through a public
hearing prior to starting the proj ect.
Councilmember Barnette asked if this policy changed the eventual cost of street reconstruction
in comparison to what they have been doing in recent years.
Mr. Haukaas replied actually when looking at the numbers, it does not change it too
significantly. He said they have a mill and overlay projects this summer and should this be
approved that project would be brought forward under the new policy. The project is located at
Matterhorn Drive and the remainder of 73rd Avenue.
Councilmember Bolkcom asked how he would like them to proceed.
Mr. Haukaas replied they can wait and approve this at the next meeting after the language has
been added or approve it now contingent on that language being added. They will add language
that states assessments are based on the roadway on the address side of residential properties.
MOTION by Councilmember Bolkcom to table the Roadway Major Maintenance Financing
Policy. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Resolution of the City of Fridley Terminating ICMA as the Administrator of the
City of Fridley Deferred Compensation Plan and Authorizing the City of Fridley,
Through its City Manager, to Enter Into Necessary Agreements to Hire Wells
Fargo, N.A., to Administer the Plan.
Councilmember Bolkcom said if they discontinue ICMA but are waiting for Wells Fargo would
there be any danger because it is not going to happen until November.
Dr. Burns replied they will still have the ICMA deferred compensation plan until they have
completed the conversion. This establishes their intent to terminate the business arrangement
with ICMA. The resolution was drafted by the City Attorney.
Fritz Knaak, City Attorney, stated the purpose of this resolution is to create and set a process by
which the ICMA plan will be terminated. This action is the first step they need to take to
terminate the plan and to create a seamless transition between that plan and the plan that has
been proposed by Wells Fargo.
Richard D. Pribyl, Finance Director/Treasurer, stated this is a fairly lengthy process. They have
a timetable right now and it is four pages long full of activities in this process. This actually
initiates the process of termination. In this timetable, there is what is called a quiet period at the
very end of the process where the contributions will cease for that period of time during the
actual turnover of the assets between the two retirement corporations.
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 18
MOTION by Councilmember Bolkcom adopting Resolution No. 2006-24. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Approve 2006 SCORE Grant Agreement for Recycling Program.
Councilmember Bolkcom asked why it took so long for the agreement to come before Council.
Julie Jones, Planning Coordinator, replied there is no rush when they get these agreements to
approve them until July. They do not get their first funding payment until July from the County.
Councilmember Billings stated there was some discussion previously about their ability to use
the funds that they are collecting for the sale of recyclable materials. He asked about the status
of that.
Ms. Jones replied that has not been worked out. Staff has been working with County staff and
had asked if they could change their agreement or their funding policy to accommodate our
situation. There were some delays in bringing this agreement forward because of that. They
looked at their financial situation and have decided they will proceed to use the revenues from
the recycling contract for special events by like the electronics drop off that happened in April
and they will continue to do their best to qualify for as much, if not all of, the SCORE funds that
we are qualified for. Unfortunately, we did not work out a situation with the County where we
could completely balance our fund if we wanted to. They are moving forward with the
agreement as written.
Mr. Hickok said they analyzed whether it would be in the City's best interests to not sign the
SCORE funding agreement and utilize our funds in a manner that would be appropriate for our
citizens but would still maximize the dollars to the people without having all of the red tape and
strings attached to SCORE funding. Staff determined they will continue to work with the
County on SCORE funding.
Ms. Jones stated staff felt in the long term that is it was in the City's best interests to continue
our relationship with the County and work with them.
Councilmember Bolkcom asked if the tonnage from the City's special events counts towards
the City's total tonnage.
Ms. Jones replied, yes. She would say they have no problem making their goal in 2006 because
of the tonnage they received at the last event.
William Burns, City Manager, stated his recollection is the problem they had is that we are
penalized by the County if we use the additional shared revenue from the hauler to cover some of
our losses for the basic recycling program. The $60,000 plus they are getting from the County
does not cover all of the recycling coordinator's salary. It covers only a percentage of the
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 19
program's costs, and the County penalizes us if we try to use some of this revenue sharing
money to cover this cost and save the general fund budget. Instead we have to come up with
new projects above and beyond the scope of the recycling program.
Councilmember Bolkcom asked if it would be beneficial for a couple of councilmembers to sit
down with a couple County commissioners and discuss this.
Dr. Burns said every effort would not hurt.
Mayor Lund asked if the County commissioners ultimately made those decisions.
Ms. Jones replied said they did. There certain County Commissioners are members of the Solid
Waste Committee..
MOTION by Councilmember Bolkcom to approve the 2006 SCORE Grant Agreement for the
Recycling Program. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive Bids and Award the 2006 Street Improvement Project No. ST. 2006 — 1.
Councilmember Bolkcom stated she was concerned about some of the issues that are in the
change order related to overruns. She asked if this proj ect had any of those kind of issues.
Jon Haukaas, Public Works Director, said we have resolved all of the issues with the Rice
Creek Watershed District and they have given us a conditional approval. It is conditional
because they do not award it to the City. They award it to the contractor. Until there is a
contractor, they do not give their final approval. The contractor pulls the final permit and posts
the bond with the Rice Creek Watershed District. The second issue is the construction
administration, from our consultant, and with our change in staffing, we are actually handling
that in-house. The only thing the consultant is providing is the construction surveying and
staking because it is too large a job for us to handle in-house. All inspection and contract
management will be handled by the City. The other contract that is referred to is the new
contract for construction staking.
Councilmember Bolkcom stated so some of the issues from they had at the last street project
are basically resolved.
Mr. Haukaas replied we believe they have been resolved.
MOTION by Councilmember Bolkcom to receive bids and award the 2006 Street Improvement
ProjectNo. ST. 2006 — 1 to Park Construction Co. in the amount of $3,120,893.85. Seconded by
Councilmember Wolfe.
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 20
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. Award Construction Survey Contract for 2006 Neighborhood Street Reconstruction
Project.
MOTION by Councilmember Bolkcom to award the Construction Survey Contract for the 2006
Neighborhood Street Reconstruction Project to SEH, Inc., for a not-to-exceed fee of $94,396.21.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
7. Approve Contract Amendment with SEH, Inc. for Contract Administration and
Inspection Services on the 2005 Street Reconstruction Project.
Councilmember Bolkcom asked about the project.
Mr. Haukaas said the original design cost was around $130,000. That is the front end and this
is for the contract administration cost. It was probably in the range of $150,000 also. He does
not like the costs, but he has gone over them with SEH in detail and believes they are justified
costs. The driveway is a very minor issue; but it is something he wanted to include in this. It
does not cost a whole lot to tear out and build a new driveway but those are the costs and they
are stepping up on that one.
Councilmember Bolkcom stated and the reason they are stepping up is because it was their
design flaw to being with.
Mr. Haukaas replied, yes.
Councilmember Bolkcom stated he also mentioned the small items that were being worked on.
She asked if that had anything to do with the contractor.
Mr. Haukaas replied the contractor was still on site and, therefore, they had to have some
construction supervision, but without those final approvals they were not getting any significant
work done. They were doing some minor cleanup items on the other phases, minor repairs here
and there, and those little things when they are being done at the same time as other major items.
Councilmember Bolkcom stated so that was all sort of held up because of the Rice Creek
Watershed.
Mr. Haukaas replied the delays in the project are the primary cause of all of this.
Councilmember Bolkcom stated they need to be aware that this caused a significant increase in
our costs. She would like to have some reassurance or some letter sent saying what can be done
to help the process along.
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 21
Mr. Haukaas stated he has gone to the Board for the Rice Creek Watershed District and
presented these same facts. Essentially, they said there were just telling us what in general we
needed to do.
Mayor Lund recalled this discussion probably this time last year that they were having
significant problems. He thought it got resolved because somebody came up with the idea of the
rain gardens.
Mr. Haukaas said that was the solution and it cost not only the delays but the cost to build.
Dr. Burns stated this is just the ancillary really that they are talking about. The project cost is
well over $150,000.
Mr. Haukaas stated, yes, not only the City of Fridley but several other cities. It is a whole other
topic of discussion that they will be getting into over the summer. He has made them aware of
what this is costing.
Councilmember Bolkcom stated she did not think it would hurt for the City Council to send the
Rice Creek Watershed District something saying they want to work together on this.
Mayor Lund asked how much the driveway reconstruction was.
Mr. Haukaas replied it has not been done yet.
Mayor Lund asked if $1,000 would cover it.
Mr. Haukaas replied, yes.
MOTION by Councilmember Bolkcom to approve the Contract Amendment with SEH, Inc. for
Contract Administration and Inspection Services on the 2005 Street Reconstruction Project.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Approve Change Order No. 1 to the Commons Park Water Treatment Plant
Upgrade Project.
Councilmember Bolkcom stated she was kind of concerned again, because they hired someone
to help them figure all this out and then they do not really have the true cost. She asked if there
was enough money to fix the problem.
Mr. Haukaas replied these projects are bid so there is a certain dollar figure contracts have been
issued on. Those contracts are issued on estimated costs, and he believes the amount is within
that range. He said staff works with the consultants and they try to do it as economically as
possible, but they cannot always evaluate every component without completely taking it out of
FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2006 PAGE 23
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 10:09 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
CITY OF FRIDLEY
PLANNING COMMISSION
May 3, 2006
CALL TO ORDER:
Commissioner Savage called the regular meeting of the Planning Commission to order
at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Larry Kuechle, Diane Savage, Brad Dunham, Leroy Oquist
MEMBERS ABSENT: Dean Saba, Barbara Jones, David Kondrick
OTHERS PRESENT: Stacy Stromberg, City Planner
Brian Bona, 5333 University Avenue NE
APPROVE PLANNING COMAAISSION MEETING MINUETS: - April 5th, 2006
MOTION by Commissioner Kuechle, seconded by Commissioner Dunham to approve
the minutes as presented.
UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED
THE MOTION CARRIED UNAMINOUSLY.
PUBLIC HEARING:
1. Consideration of a Special Use Permit SP #06-05, bv Brian Bona, to allow a
free-standina electronic reader board siqn, aenerallv located at 5333
Universitv Avenue NE.
MOTION by Commissioner Oquist, seconded by Commissioner Dunham, to open the
public hearing.
UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33
P. M.
Ms. Stromberg, City Planner, presented a request from the petitioner, Brian Bona,
owner of Bona Bros. Automotive Services, who is requesting a special use permit to
allow a free standing electronic changeable message sign at his business, which is
located at 5333 University Avenue. The petitioner is proposing to construct an 80
square foot free standing sign on the north side of his property, of which 30 square feet
will be used for the electronic message sign.
Ms. Stromberg reviewed the history of the property that was originally developed as a
service station in 1955. In 2000, that building was demolished. In 1999, the subject
property was granted a special use permit to allow an automobile service station in a C-
2, General Business zoning district. At the same time a variance was also granted to
reduce the setback from the adjacent residential district on the east side of the property
from 50 feet to 25 feet. The existing building was then constructed in 2000 as Bona
Bros. Automotive Services. In 2003, a special use permit was granted to expand an
automotive service station, and as a result an addition to the building was constructed in
2004.
Ms. Stromberg stated that electronic changeable signs are an approved special use in
any zoning district, except residential, provided the message doesn't change more often
that once ever 45 seconds. The sign also needs to be in conformance with the sign
requirements for zoning district, in which the property is located. The subject property is
zoned, C-2, General Business, which requires that all free standing signage per
development combined, can not exceed 80 square feet in size. The proposed pylon sign
is 80 square feet, with the electronic message portion of the sign being 30 square feet.
The petitioner also owns and operates the gas station south of the subject property, this
property, however, is a separate parcel from the subject property. Because each
property is its own parcel, with its own PIN number, each property is entitled to have
their own free standing 80 square foot sign.
Ms. Stromberg stated that City Staff recommends approval of the special use permit as
electronic changeable signs are an approved special use in the commercial zoning
district, provided the sign complies with Code requirements, subject to stipulations.
Ms. Stromberg stated City Staff recommends that if the special use permit is granted,
the following stipulations be attached.
1. Petitioner shall obtain sign permit and current sign erector license prior to
installing any signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under
Section 214.07 of the Fridley City Code.
3. Message on L.E.D, sign shall never flash or have motion that may distract
vehicular traffic in the area.
4. The proposed free standing sign shall be 10 feet from any property line or
driveway.
5. Petitioner shall adhere to city code requirements for temporary signs.
Commissioner Kuechle questioned how many electronic reader board signs are
currently in the City of Fridley.
Ms. Stromberg replied that this is the third request so iar this year for an electronic
reader board sign, which is higher than usual, and estimated that the City has less than
a dozen electronic reader board signs.
Commissioner Dunham questioned if the owner has thoughts of installing an additional
sign on the gas station property.
Ms. Stromberg replied that there is already a sign at the gas station.
Commissioner Savage encouraged Staff to revisit the code requirements regarding
electronic reader board signs.
Mr. Bona, 5333 University Avenue, stated that he understood the sensitivity with City
Staff regarding electronic reader board signs and agreed with their concerns. Currently
the property does not have a lot of signs on the property and they have tried to create a
2
subdued atmosphere. With that in mind, Mr. Bona does not think this request is
unreasonable. The L.E.D. sign he is requesting is limited to project light and viewers
must be directly in front of the sign to see the message. If persons are standing 45
degrees to the left or right, the message would be hard to view. This sign would be
designed tastefu�ly.
Commissioner Savage comp4imented Mr. Bona's property ar�d was impressed with the
overall look. She was surprised with the request to install an electronic reader board
sign and questioned the reason for an electronic reader board sign and what kind of
message would be displayed on the sign.
Mr. Bona replied that the business may advertise specials or that they have an Asian
car specialist on duty. The message would be changed either weekly or monthly. This
electronic reader board sign would be like a salesman on the corner for the business.
Commissioner Savage questioned if Mr. Bona had a problem with any of the
stipulations.
Mr. Bona replied that he did not have a problem with the stipulations and reiterated that
the sign would be done tastefully with landscaping.
Commissioner Savage stated that the subject property was a striking piece af property
that fits well with the neighborhood.
MOTION by Commissioner Oquist, seconded by Commissioner Dunham, to close the
public hearing.
UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40
P.M.
Commissioner Kuechte stated that he was in favor of the application as the request is
within the guidelines of the City and complies with the regulations for permitted special
use.
Commissioner Oquist agreed with Commissioner Kuechle and that the sign would be
developed tastefully.
Commissioner Dunham concurred with the others and would recommend approval of
the request.
MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to approve the
request for a Special Use Permit, SP #06-05, by Brian Bona, to allow a free-standing
electronic reader board sign, generally located at 5333 University Avenue NE with the
following stipulations:
1. Petitioner shall obtain sign permit and current sign erector ticense prior to
installing any signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under
Section 214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract
3
vehicular traffic in the area.
4. The proposed free standing sign shall be 10 feet from any property line or
driveway.
5. Petitioner shall adhere to city code requirements for temporary signs.
UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. Receive the minutes of the April 10, 2006. Parks and Recreation
Commission Meetinct.
MOTION by Commissioner Oquist, seconded by Commissioner Kuechle to receive the
minutes of the April 10, 2006 Parks and Recreation Commission Meeting.
UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED
THE MOTION CARRIED UNAMINOUSLY.
3. Receive the minutes of the March 14, 2006, Environmental Qualitv and
Enerav Commission Meetinu.
MOTION by Commissioner Kuechle, seconded by Commissioner Dunham to receive the
minutes of the March 14, 2006 Environmental Quality and Energy Commission Meeting.
UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED
THE MOTION CARRIED UNAMINOUSLY.
4. OTHER BUSINESS:
UPDATES: Two Stooges electronic reader board sign was approved by the City
Council and the Sign Code text amendment will be going to the City
Council on Monday, May 8, 2006 for a public hearing.
The May 17, 2006 Planning Commission meeting is cancelled.
ADJOURNMENT:
MOTION by Commissioner Dunham, seconded by Commissioner Oquist to adjoum.
UPON UNANIMOUS VOICE VOTE, COMMISSIONER SAVAGE DECLARED THE
MEETING ADJOURNED AT 7:43 p.m.
Respectfully Submitted, -
I���►,�.�'�
Krista Monsrud
Recording Secretary
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CffY OF
FRIDLEY
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
May 16, 2006
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Special Use Permit Request, SP #06-05, Brian Bona
M-06-61
INTRODUCTION
Brian Bona, owner of Bona Bros. Automotive Services, is requesting a special use permit to
allow a free standing electronic changeable message sign at his business, which is located at
5333 University Avenue.
The petitioner is proposing to construct an 80 square foot free standing sign on the north side of
his property, of which 30 square feet will be used for the electronic message sign.
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Electronic changeable signs are an approved special use in any zoning district, except
residential, provided the message doesn't change more often than once every 45 seconds. The
sign also needs to be in conformance with the sign requirements for the zoning district, in which
the property is located. The subject property is zoned, C-2 General Business, which requires
that all free standing signage per development combined, can not exceed 80 square feet in
size. The proposed pylon sign is 80 square feet, with the electronic message portion of the sign
being 30 square feet. The petitioner also owns and operates the gas station south of the
subject property, this property, however, is a separate parcel from the subject property.
Because each property is its own parcel, with its own PIN number, each property is entitled to
have there own free standing 80 square foot sign.
PLANNING COMMISSION RECOMMENDATION
At the May 3, 2006, Planning Commission meeting, a public hearing was held for SP #06-05.
After a brief discussion, the Planning Commission recommended approval of SP #06-05, with
the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
4. The proposed free standing sign shall be 10 feet from any property line or driveway
5. Petitioner shall adhere to city code requirements for temporary signs.
City of Fridley Land Use Application
SP #06-05 May 3, 2006
GENERAL INFORMATION
Applicant:
Brian Bona
5333 University Avenue NE
Fridley MN 55421
Requested Action:
Special Use Permit for an electronic
changeable sign
Existing Zoning:
C-2, General Business
Location:
5333 University Avenue NE
Size:
45,640 sq. ft. 1.04 acres
Existing Land Use:
Bona Bros. Automotive Services
Surrounding Land Use & Zoning:
N: Interstate 694 & ROW
E: Single Family & R-3
S: Gas Station & C-2
W: University Avenue & ROW
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Code Conformance:
Sec. 214.07.1 requires a special use
permit for an automatic changeable
sian.
Zoning History:
Lot originally platted in 1886.
1955 — Service station built.
1956 — Garage built.
1959 — Filling station office built.
Alterations made in 1975.
1996 — Site demolished.
2000 — New service station constructed.
2004 — Addition constructed.
Legal Description of Property:
Lots 20-30, including Block 13,
Hamilton's Addition to Mechnicsville,
subject to easement of record.
Public Utilities:
Existing building is connected.
Transportation:
The property receives access from
University Avenue Service Road.
SPECIAL INFORMATION
Physical Characteristics:
Lot is fully developed, contains existing Bona
Bros. Service Station, parking, & landscaped
areas.
SUMMARY OF PROJECT
Brian Bona, owner of Bona Bros. Automotive
Services, is seeking a special use permit to
allow a free standing electronic changeable
message sign at his business which is located
at 5333 University Avenue.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special
use permit request.
Electronic changeable signs are an approved
special use in the commercial zoning district,
provided the sign complies with Code
requirements.
Proposed Location of Sign
CITY COUNCIL ACTION / 60 DAY DATE
City Council — May 22, 2006
60 Dav Date — Mav 29, 2006
Staff Report Prepared by: Stacy Stromberg
SP #06-04
REQUEST
Brian Bona, owner of Bona Bros. Automotive Services, is requesting a special use permit to
allow a free standing electronic changeable message sign at his business, which is located at
5333 University Avenue.
The petitioner is proposing to construct an 80 square foot free standing sign on the north side of
his property, of which 30 square feet will be used for the electronic message sign.
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Proposed Sign
HISTORY AND ANALYSIS
The subject property is located in the southeast
corner of University Avenue and Interstate 694.
The property is zoned C-2, General Business.
The subject property was originally developed as
a service station in 1955. In 2000, that building
was demolished.
In 1999, the subject property was granted a
special use permit to allow an automobile service
station in a C-2, General Business zoning district.
At the same time a variance was also granted to
reduce the setback from the adjacent residential
district on the east side of the property from 50 ft.
to 25 ft. The existing building was then
constructed in 2000 as Bona Bros. Automotive
Services. In 2003, a special use permit was
granted to expand an automotive service station,
and as a result an addition to the building was constructed in 2004.
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CODE REQUIREMENTS
Electronic changeable signs are an approved special use in any zoning district, except
residential, provided the message doesn't change more often than once every 45 seconds. The
sign also needs to be in conformance with the sign requirements for the zoning district, in which
the property is located. The subject property is zoned, C-2 General Business, which requires
that all free standing signage per development combined, can not exceed 80 square feet in size.
The proposed pylon sign is 80 square feet, with the electronic message portion of the sign being
30 square feet. The petitioner also owns and operates the gas station south of the subject
property, this property, however, is a separate parcel from the subject property. Because each
property is its own parcel, with its own PIN number, each property is entitled to have there own
free standing 80 square foot sign.
STAFF RECOM M ENDATION
City Staff recommends approval of the special use permit as electronic changeable signs are an
approved special use in the commercial zoning district, provided the sign complies with Code
requirements, subject to stipulations.
STIPULATIONS
City Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
4. The proposed free standing sign shall be 10 feet from any property line or driveway
5. Petitioner shall adhere to city code requirements for temporary signs.
�
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CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
May 18, 2006
Award Tree Stump Removal and Restoration Contract
PW06-045
Bids were opened on Wednesday; May 17t'', 2006 for contracted services for final cleanup of
storm damaged trees throughout the City of Fridley. The contract was broken down to four
different kinds of repair. First was removal and restoration of damaged trees and stumps on 6
locations. Second was removal and restoration of 28 stumps. Third was removal and
restoration on 161ocations in which stumps were uprooted and will need to be dug out rather
than ground up. Finally was restoration of 10 locations where stumps were removed but
surface roots still needed to be cut out. Restoration includes removal of all chips, branches,
and other excess material, filling of the holes, topping with black dirt and seeding.
Bid packets were sent to six contractors and four bids were received. The lowest qualified bid
was received from Arbor Design Tree Service, Inc. of Brooklyn Park, MN in the amount of
$17,490.00.
Arbor Design Tree Service has had several contracts with the City of Fridley in the past and
provided us with excellent service.
Recommend the City Council award a contract for Tree Stump Removal and Restoration to
Arbor Design Tree Service, Inc. in the amount of $17,490.00.
JHH;jb
Attached
JHH
Project No. 367 - 2006 Tree Stump Removal
Bid Opening @ 10:00am on May 17, 2006
Name Address City State Zip Bid Bond Bid
Arbor Tree P. O. Box 290298 Brooklyn Center MN 55429 Yes $ 17,490.00
S& S Tree Specialties 405 Hardman Ave. St. Paul MN 55075 Yes $ 52,725.00
Top Notch 11520 Hemlock Lane St. Paul MN 55369 Yes Item #1 Only $2,555.00
Jay Bros. 9218 Lake Drive NE Forest Lake MN 55025 Yes T&M Incomplete
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CffY OF
FRIDLEI'
TO
FROM
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
May 18, 2006
PW06-044
SUBJECT: 2006 Mill and Overlay Project ST 2006-2 (order preliminary plans)
The attached resolution initiates the design and plan preparation for the proposed 2006 Mill
and Overlay Project No. ST2006-2. This project is a mill and overlay of Matterhorn Drive
from Gardena Avenue to 1200ft. south and 73rd Avenue from University Avenue to Able
Street.
Recommend the City Council Remove this item from the table and give final approval.
JHH;jb
RESOLUTION N0.2006-
A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND
ESTIMATES OF THE COSTS THEREOF:
MILL AND OVERLAY PROJECT NO ST2006-2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley as follows:
l. That it appears in the interests of the City and of the property
owners affected that there be constructed certain improvements to-wit:
Street improvements, including asphalt milling and hot-mix bituminous
mat located as follows:
Matterhorn Drive - Gardena Ave to 1220 Feet south
73rd Avenue - University Avenue to Able Street
That the work involved in said improvements listed above shall hereafter
be designated as: Mill and Overlay Project No. ST 2006-2
2. That the Public Works Director, John H. Haukaas, City Hall,
Fridley, MN, is hereby authorized and directed to draw the preliminary
plans and specifications and to tabulate the results of his estimates of
the costs of said improvements, including every item of cost from
inception to completion and all fees and expenses incurred (or to be
incurred) in connection therewith, or the financing thereof, and to make
a preliminary report of his findings stating therein whether said
improvements are feasible and whether they can best be made as proposed,
or in connection with some other improvements (and the estimated cost as
recommended), including also a description of the lands or area as may
receive benefits there from and as may be proposed to be assessed.
3. That said preliminary report of the Public Works Director shall be
furnished to the City Council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
22nd DAY OF May, 2006.
SCOTT J. LUND
ATTESTED:
DEBRA A. SKOGEN - CITY CLERK
RESOL\PRELPLAN.ST
�
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CffY OF
FRIDLEI'
TO
FROM
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
May 18, 2006
PW06-046
SUBJECT: 2006 Mill and Overlay Project ST 2006-2 (receive plans, order public hearing)
The 2006 Mill and Overlay Project is very simple from a design perspective and therefore all
the information for the preliminary report was completed as we laid the project out and is
being provided to you for approval.
The attached resolution accepts the Preliminary Report for the 2006 Mill and Overlay Project
and establishes a public learning for the project on June12, 2006. The preliminary assessment
list will be adopted after that hearing based on the new financing policy.
Recommend the City Council adopt the resolution to receive the preliminary report and
establish a public hearing for the 2006 Mill and Overlay Project.
JHH,jb
RESOLUTION N0.2006-
RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING FOR
A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN
IMPROVEMENTS: MILL AND OVERLAY PROJECT NO. ST2006-2
WHEREAS, the construction of certain improvements is deemed to be
in the interest of the City of Fridley and the property owners
affected thereby.
WHEREAS, Resolution No. 2006- adopted on the 22nd day of May,
2006, by the City Council, ordered the preliminary report and
estimates of the costs thereof for the improvements in this
project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Fridley as follows:
l. That the preliminary report submitted by John Haukaas, the
Public Works Director, is hereby received and accepted.
2. That the City Clerk shall act to ascertain the name and
address of the owner of each parcel of land directly
affected or within the area of lands as may be proposed to
be assessed for said improvements, and calculate estimates
of assessments as may be proposed relative thereto against
each of said lands.
3. That the area proposed to be assessed for said
improvements and each of them as noted in said notice are
all the lands and areas as noted in said notice. All of
the same to be assessed proportionately according to the
benefits received.
4. That the estimates of assessments of the Clerk shall be
available for inspection to the owner of any parcel of
land as may be affected thereby at any public hearing held
relative thereto, as well as at any prior time reasonable
and convenient.
Resolution No.
Page 2
5. That a public hearing be scheduled for June 12, 2006 and
that all property owners whose property is liable to be
assessed with the making of improvements and constitute
100 percent of the property owners who will benefit from
the improvement and do waive the right to a public hearing
which is allowed under the normal procedures set forth in
Minnesota Statutes Chapter 429.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 22TH DAY OF MAY, 2006.
SCOTT J. LUND - MAYOR
ATTESTED:
DEBRA A. SKOGEN - CITY CLERK
PRELIMINARY REPORT
FOR
2006 MILL AND OVERLAY
PROJECT NO. ST2006-2
FRIDLEY, MINNESOTA
I hereby certify that this plan, specifications, or report was prepared
by me or under my direct supervision and that I am a duly licensed
Professional Engineer with the laws of the State of Minnesota.
Jon H. Haukaas, P.E.
May 2006
Date
Registration No. 24769
TABLE OF CONTENTS
Description
Table of Contents
Introduction
Proposed Improvements
Background
Estimated Costs
Funding Sources
Summary
Appendix
2
Paqe No.
2
3
3
3
3
4
4
5-8
INTRODUCTION
The Engineering Department has proposed to City Council a 2006 Mill and Overlay
Project. The project will be for improvements on Matterhorn Drive from Gardena Ave to
approximately 1220 feet south and on 73rd Avenue from University Ave (TH47) east to
Able Street. See Figures A and B for location maps. This is a public improvement
project and will include asphalt milling and repaving. This project is budgeted for in the
2006 Capital Improvement Program.
The work involved of said improvements listed above shall here after be designated as:
2006 Mill and Overlay Project No. ST2006-2.
PROPOSEDIMPROVEMENTS
The improvement considered by this report would consist of milling the top two inches of
existing deteriorated asphalt and laying down new bituminous pavement. Existing curbs
will be maintained. Adjustments will be made to valve tops and manholes as required.
The streets will have striping replaced under our annual contract.
BACKGROUND
The City has been monitoring these areas for several years. The amount of required
maintenance is increasing annually due to the rapid deterioration of the existing
pavements. Matterhorn Drive is a through street connecting neighborhoods on the
north and south sides of Interstate 694. Matterhorn Drive is the westerly boundary of
Totino Grace High School and therefore also receives a significant amount of school
traffic. 73rd Avenue is the City's largest city maintained roadway. It is one of the major
east-west through routes across Fridley. Several businesses plus the Target
distribution center lie along the south side of 73rd Avenue.
ESTIMATED COSTS
The mill and overlay costs are estimated to be $278,273. A 10% contingency has been
added due to the volatile prices of asphalt and diesel fuelthis year.
All costs are preliminary, but are expected to stay within the budgeted amount.
Estimated costs of the project can be found on Figure C of the Appendix.
3
FUNDING SOURCES
Costs for the 2006 mill and overlay project will be paid for through assessments to
adjacent properties based on the approved policy and the remainder will be reimbursed
from our Minnesota State Aid System account.
SUMMARY
The mill and overlay work proposed for Matterhorn Drive and 73rd Avenue fits within the
2006 Capital Improvement Plan. The City will not incur any non-budgeted expenses as
a result of these improvements. The project is cost effective, necessary, and feasible
from an engineering standpoint as stated in this report. The Engineering Department
recommends that the City Council approve this project.
APPENDIX
FIGURE A PROJECT LAYOUT — MATERHORN DRIVE
FIGURE B PROJECT LAYOUT — 73RD AVENUE
FIGURE C PROPOSED ASSESSMENTS
FIGURE D OPINION OF PROBABLE COST
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ST2006-2 Mill and Overlay Program
Matterhorn Drive
Gardena Ave to 1190 feet south (match to concrete streets)
Total Estimated Construction Cost = 57 338
1350 Gardena Ave - Totino Grace
5700 Matterhorn Drive
5711 Matterhorn Drive
5712 Matterhorn Drive
5713 Matterhorn Drive
5724 Matterhorn Drive
5736 Matterhorn Drive
5748 Matterhorn Drive
5760 Matterhom Drive
5776 Matterhorn Drive
5790 Matterhorn Drive
5800 Matterhorn Drive
5812 Matterhorn Drive
5840 Matterhom Drive
5860 Matterhorn Drive
5880 Matterhorn Drive
1250 Gardena Avenue
of Frid
73rd Avenue
Assessment
$23,850
$864
$864
$864
$864
$864
$864
$864
$864
$864
$864
$864
$864
$864
$864
$864
$0
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990 LF of frontage on Matterhorn Drive
Per Lot Cost at 50% of Remainder
Reduced to a 32 ft wide equivalent
Addressed on Gardena Ave, Would be
assessed with Gardena Ave Improvement
To be paid for with MSAS funds
University Ave (TH 47) to Able Street
Total Estimated Construction Cost = 220 935
Estimated
� Property Footage Assessment
7295 University Ave - f-loliday Station
350 73rd Ave - Northco
500 73rd Ave - Northco
7120 Highway 65 - Target Distribution
Total Length =
344,8 $10,276.32 Properties are all on south side of the road
754.3 $22,480,95 Assessment reflects properties sharing
492,5 $14,678.33 50% of total cost
2114.9 $63,031.89
3706.5
�City of Fridley $110,467.50 To be paid for with MSAS funds
23
2006 Mill & Overlay Program
Engineer's Estimate of Probably Cost
2" - Full Width Overlay
No.
1
2
3
4
5
6
7
8
9
10
11
Descri�tion
Mill 2" Bituminous
Common Exc
C1,5
Bit. Patching
Tack Coat
2" Wear Course
Adjust MH Casting
Adjust Gate Valves
Saw N Seal
Striping
10% Contingency
Unit
SY
CY
TN
TN
Gal
TN
EA
EA
LF
LF
Unit Cost
$ 1�30
$ 25.00
$ 25.00
$ 80.00
$ 2.25
$ 50.00
$ 400.00
$ 200.00
$ 1.50
$ 0.50
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73rd Ave Matterhorn
Hwy 47 to Able Gardena to concrete
� Total Cost � Totai Cost
24,000�00 $ 31,200.00 6,000�00 $ 7,800.00
45.00 $ 1,125.00 15.00 $ 375.00
35.00 $ 875.00 10.00 $ 250.00
25.00 $ 2,000.00 10.00 $ 800.00
1,400.00 $ 3,150.00 400.00 $ 900.00
2,700.00 $ 135,000.00 700.00 $ 35,000.00
38.00 $ 15,200.00 10,00 $ 4,000.00
14,00 $ 2,800.00 3.00 $ 600.00
4,500.00 $ 6,750.00 1,200.00 $ 1,800,00
5,500.00 $ 2,750.00 1,200.00 $ 600.00
$ 20,085,00 $ 5,212.50
Total Cost $ 220,935.00 $ 57,337.50
�
�
�
CffY OF
FRIDLEY
TO
FROM:
AGENDA ITEM
COUNCIL MEETING OF MAY 22, 2006
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PR/BYL, FINANCE DIRECTOR
SUBJECT: RESOLUTION PROVIDING FOR THE SALE OF
$2,505,000 GENERAL OBLIGATION IMPROVEMENT
BONDS 2006A
DATE: May 18, 2006
Attached is the resolution prepared by the City's Financial Advisor, Ehlers & 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. It is the recommendation from Ehlers to proceed with this bond issue.
This is a new bond issue that will provide the financing for the 2006 Street Projects. These
projects were previously reviewed with Council.
This bond issue is designed to be repaid from a general tax levy that will be certified to the
County this fall for tax collection next year. As Staff stated during a prior year when this
process of street reconstruction was approved, staff will be providing the annual levy
requirements for the debt repayment as part of the tax levy certification process.
It is anticipated that the bond sale will take place on June 26, 2006. Sid Inman and Shelly
Eldridge will be present at the Council Meeting on May 22, 2006, for any questions Council
may have on this process.
RDP/me
Attachment(s)
RESOLUTION PROVIDING FOR THE SALE OF
$2,505,000 G.O. IMPROVEMENT BONDS, SERIES 2006A
WHEREAS, the City Council of the City of Fridley, Minnesota, has heretofore determined
that it is necessary and expedient to issue the City's $2,505,000 G.O. Improvement Bonds,
Series 2006A (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:
The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds.
The City Council shall meet at City Hall on June 26, 2006, for the purpose of considering
sealed proposals for and awarding the sale of the Bonds.
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 OF THE CITY OF FRIDLEY THIS 22nd
DAY of MAY, 2006.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
�
�
CffY OF
FRIdLEY
T0:
FROM
AGENDA ITEM
COUNCIL MEETING OF MAY 22, 2006
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT.• FINAL CHANGES INAPPROPRIATIONS FOR THE
GENERAL FUND, SPECIAL REVENUE FUNDS AND
THE CAPITAL IMPROVEMENT FUND FOR THE
YEAR ENDED DECEMBER 31, 2005
DATE: May 17, 2006
Attached you will find the final changes in the appropriations to the budget for the year ended
December 31, 2005. These changes are similar to those that we have brought to Council each year at
this time as we prepare to publish the City of Fridley's Annual Financial Report. These changes are
in keeping with Chapter 7 of the City Code and the preparation of the Comprehensive Financial
Report. The majority of the changes are based on departmental initiatives that have caused an
increase in efficiency of the department or a better delivery of service to our customers.
The changes to the General Fund are occurring from within departmental budgets, drawing from the
emergency reserve or drawing from fund balance.
The changes shown in a few of the Special Revenue Funds are because these funds traditionally have
not been established as part of the normal budgeting process due to the unknown aspect of each of
their activities.
Staff's recommendation is for the City Council to pass the attached resolution and complete the
budget cycle for 2005.
RDP/af
Attachment(s)
RESOLUTION NO. — 2006
A RESOLUTION AUTHORIZING FINAL CHANGES
IN APPROPRIATIONS FOR THE GENERAL FUND,
SPECIAL REVENUE FUNDS, AND THE CAPITAL
IMPROVEMENT FUND FOR THE YEAR ENDED 2005
WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and
modifications that will allow for a better delivery of services, and
WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the
adopted budget for 2005.
NOW, THEREFORE, BE IT RESOLVED that the General Fund, Special Revenue Funds, and the
Capital Improvement Fund budgets for the following divisions be amended as follows:
GENERALFUND
REVENUE ADJUSTMENTS PROPERTY TAXES ($499,014) MARKET VALUE HOMESTEAD CREDIT
INTERGOVERNMENTAL 499,014 MARKET VALUE HOMESTEAD CREDIT
TOTAL REVENUE ADJUSTMENTS $0
APPROPRIATION ADJUSTMENTS
CITY COUNCIL
OTHER COMMISSIONS
CITY MANAGER
LEGAL
ELECTIONS
ACCOUNTI NG
MIS
CLERK
POLICE
FIRE
RENTAL INSPECTIONS
PERSONAL SERVICES
SUPPLIES/CHARGES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
$300
(3,830)
56
1,456
(10,392)
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
SUPPLIES/CHARGES 12,410 ELIMINATE NEGATIVE VARIANCE
PERSONAL SERVICES 992 ELIMINATE NEGATIVE VARIANCE
SUPPLIES/CHARGES 11,614 ELIMINATE NEGATIVE VARIANCE
PERSONAL SERVICES (26,243) ELIMINATE NEGATIVE VARIANCE
SUPPLIES/CHARGES 13,423 ELIMINATE NEGATIVE VARIANCE
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
CAPITAL OUTLAY
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
2, 508
(13,671)
3,672
7,491
(19,317)
33,778
(3, 731)
78,660
(33,888)
(1,182)
(9,819)
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
MUN. CENTER
ENGINEERING
P.WORKS/LIGHTING
P.WORKS/PARKS
P.WORKS/STREETS
GARAGE MAINTENANCE
RECREATION
BUILDING INSPECTION
PLANNING
NONDEPARTMENTAL
EMERGENCY RESERVE
FUND BALANCE
TOTAL APPROPRIATION ADJUSTMENTS
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
CAPITAL OUTLAY
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
(1,478)
31,133
(19,300)
(3, 508)
10,485
19,111
(11,250)
18,803
139, 649
5,904
8,142
19,353
(46,000)
(25,000)
8, 544
21,444
(10,773)
1,299
(33,528)
(3,699)
(86,618)
(87,000)
$0
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
CABLE TV FUND
REVENUE ADJUSTMENTS
APPROPRIATION ADJUSTMENTS
SPECIAL REVENUE FUNDS
LICENSES $2,265 ELIMINATE NEGATIVE VARIANCE
SUPPLIES/CHARGES $2,265 ELIMINATE NEGATIVE VARIANCE
GRANT MANAGEMENT FUND
REVENUE ADJUSTMENTS INTERGOVERNMENTAL $335,187 ELIMINATE NEGATIVE VARIANCE
APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES $335,187 ELIMINATE NEGATIVE VARIANCE
HRA REIMBURSEMENT FUND
REVENUE ADJUSTMENTS
APPROPRIATION ADJUSTMENTS
SOLID WASTE ABATEMENT FUND
REVENUE ADJUSTMENTS
APPROPRIATION ADJUSTMENTS
DRUG/GAMBLING FORFEITURE FUND
REVENUE ADJUSTMENTS
APPROPRIATION ADJUSTMENTS
SPRINGBROOK NATURE CENTER
FUND
REVENUE ADJUSTMENTS
INTERGOVERNMENTAL $26,531 UNBUDGETED ACTIVITY
SUPPLIES/CHARGES $26,531 UNBUDGETED ACTIVITY
CHARGES FOR SERVICES $84,813 ELIMINATE NEGATIVE VARIANCE
SUPPLIES/CHARGES $84,813 ELIMINATE NEGATIVE VARIANCE
FINES AND FORFEITS
SUPPLIES/CHARGES
$21,363 UNBUDGETED ACTIVITY
$1,452 UNBUDGETED ACTIVITY
PROPERTY TAXES ($18,547) MARKET VALUE HOMESTEAD CREDIT
INTERGOVERNMENTAL 18,547 MARKET VALUE HOMESTEAD CREDIT
$0
CAPITAL IMPROVEMENT FUND
REVENUE ADJUSTMENTS
TOTAL REVENUE ADJUSTMENTS
APPROPRIATION ADJUSTMENTS
CAPITAL PROJECT FUNDS
PROPERTY TAXES ($25,553)
INTERGOVERNMENTAL 25,553
$0
MARKET VALUE HOMESTEAD CREDIT
MARKET VALUE HOMESTEAD CREDIT
SUPPLIES/CHARGES $167,165 ELIMINATE NEGATIVE VARIANCE
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND
DAY OF MAY, 2006.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
CffY OF
FRIDLEI'
Name
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
Position
Appointment
Starting
Salary
Walter Firefighter $16.73
Messer Non-exempt per hour
Starting
Date
June 5,
2006
Replaces
New
position
� AGENDA ITEM
COUNCIL MEETING OF MAY 22, 2006
CffY OF
FRIDLEI'
CLAIMS
126607 -126786
�
�
CffY QF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
LICENSES
Type of License �
FOOD, TOBACCO & GASOL/NE SALES
University Citgo, Inc. Bassam Assani
6101 University Av NE
Fridley, MN 55432
TREE REMOVAL SERV/CE
Asplundh Tree Expert Scott Bailey
8236 Arthur St.
Spring Lake Park, MN 55432
PEDDLER / SOL/C/TOR
Joseph P. Delaney
634 Brimhall
St. Paul, MN 55116
(Weatherguard Construction Co., Inc.)
�49ER DA YS
TEMPOR.4RY 3.2% L/QUOR SALES
Fridley Wrestling Boosters Gary Hartman
5860 5t" St N E
Fridley, MN 55432
Approved By:
Public Safety Director
Fire Inspector
Community Development
Public Works Director
Public Safety Director
Planning Assistant
Public Safety Director
� AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
�°F LICENSES
FRIDLEI'
Contractor TVpe Applicant Approved By
Bally Total Fitness Pool (indoor & 2 spas) Aaron Hanson Ron Julkowski, CBO
Berwald Roofin Com an Inc Commercial/S ecialt Eu ene Berwald Ron Julkowski, CBO
Centerpoint Energy Gas/Heating JoAnn Zinken Ron Julkowski, CBO
Earth Wizards Inc Blacktop Lilas Anderson Ron Julkowski, CBO
Energy Mechanical Services Heating John Harvey Ron Julkowski, CBO
Fridle Middle School Pool (indoor) Pat Rowland Ron Julkowski, CBO
Geor etown Partnershi Pool (in/outdoor&s a) Dean Paulson Ron Julkowski, CBO
Hughes Properties Pool (outdoor) Ron Joiner Ron Julkowski, CBO
JT S ecialties (Identi-Gra hics) Si n Erector Kath Ristow Ron Julkowski, CBO
Mobile Maintenance Inc Commercial/S ecial Ste hen Witzel Ron Julkowski, CBO
Neil Heating & Air Conditioning Gas/Heating Neil Olson Ron Julkowski, CBO
New Life Contracting Inc Commercial/Specialty Steve Urkus Ron Julkowski, CBO
NewMech Com anies Inc Gas/Heatin Peter Jordan Ron Julkowski, CBO
Patton Heatin & Air Heatin Aaron Patton Ron Julkowski, CBO
RS Construction Roofing Ronald Skibsted Ron Julkowski, CBO
Rayco Construction Inc Roofing Ray Ellis Ron Julkowski, CBO
River Pointe A artments Pool (indoor/outdoor) Alex Gonzalez Ron Julkowski, CBO
Rustic Oaks Pool (outdoor) Ra Trebus Ron Julkowski, CBO
Ryan Companies US Inc Commercial/Specialty Mary Wawro Ron Julkowski, CBO
St Paul Plumbing & Heating Heating David Smith Ron Julkowski, CBO
S rin brook A artments Pool (in/outdoor & s a) Rick Em Ron Julkowski, CBO
Sterlin Desi n Heatin Kenn Carlson Ron Julkowski, CBO
Steve's Heating & Service Inc Heating Steve Hemmelgam Ron Julkowski, CBO
Superior Construction Commercial/Specialty Randall Hedden Ron Julkowski, CBO
�
�
CffY OF
FRIDLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
ESTI MATES
Shank Constructors
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Water Treatment Plant Upgrade
EstimateNo. 1 .......................................................
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374
............................ $ 301,300.00
Woodside Court Improvement
ProjectNo. ST. 2004-2
FINAL ESTIMATE: ........................................................................... $ 8,321.62
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
May 18, 2006
Final Approval of New Assessment Policy
PW06-043
The attached is the final version of the proposed Roadway Major Maintenance Financing
Policy including the changes requested at the last conference meeting.
Recommend the City Council Remove this item from the table and give final approval.
JHH;jb
Attachments
JHH
ROADWAY MAJOR MAINTENANCE FINANCING POLICY
The following policy sets forth guidelines for the financing of roadway major maintenance
projects.
(Total reconstruction of streets for the initial upgrade from a bituminous curbed street to a
concrete curbed street will continue to be assessed based on the existing policy of calculating the
assessment based on the costs to install the concrete curb and gutter.)
DEFINITIONS
A. Benefited Property: Property with frontage (rear, side, or front) along a
roadway will be considered to receive benefit from any
major maintenance projects. In the low-density
residential lots (R1 and R2 Zoning), those properties
with frontage and an existing access to the roadway will
be considered to receive benefit.
B. Major Maintenance: For the purpose of this policy, major maintenance will
consist of overlays, partial or total reconstruction
together with other associated infrastructure repairs,
reconstruction and minor extensions.
C. Minor Maintenance: For the purpose of this policy, minor maintenance shall
consist of pothole patching, crack sealing, seal coating
and minor skin overlays. Funding of these maintenance
activities are not addressed as part of this major
maintenance policy.
D. Project Cost: Included in the improvement cost to be assessed shall
be the roadway major maintenance activity construction
costs incurred to implement the improvements.
E. New Construction: Construction of new streets and utilities through
development shall be paid for by the landowner or
developer. Costs and payment thereof shall be
determined under a Developer's Agreement.
F. Land Use Type: The classification of the land use will be based on the
property's current land use — not on what the underlying
zoning of the property is.
II. COST ALLOCATION
The total project cost for major maintenance is to be allocated in accordance with the
policy. It is the intention of this policy to allocate cost on a project basis rather than on a
street-by-street or block-by-block basis.
A. All publicly owned and maintained streets under City jurisdiction
1. Urban/Low-Densitv Residential (R1 and R2 Zonedl Lots
For major maintenance reconstruction of standard residential streets,
50% percent of the project cost of a 30 foot wide standard residential
street will be assessed to the area benefited on a per residential lot
basis. Residential properties will be assessed for construction on the
roadway to which they are addressed. In the event that a residential lot
has frontage on two streets and is of sufficient size to split or subdivide,
those portions of the lot that front on a second street will be assessed for
current or future road construction as defined in this policy statement.
Each year we will take the actual bid prices and adjust those quantities
affected by street width to develop a cost for our "standard" street. For
example, only 83.3% of the total cost of asphalt for the reconstruction of
a 36 foot wide street will be included in the assessment calculation. (A
30 foot wide standard street divided by a 36 foot wide actual street width
equals 83.3%) Other width affected bid items will be adjusted similarly.
The difference will be added to the City costs.
For purpose of this assessment policy, only those residential lots with
frontage or an existing access to the roadway will be considered to
receive benefit.
2. Commercial, Industrial, Manufacturinq, Tax Exempt, Institutional, and
Medium and Hiqh-Density Residential
Commercial, industrial, manufacturing, tax exempt, institutional and
medium and high-density multi-residential frontages will be assessed
actual project costs based on the lineal footage of streets being
maintained adjacent to front, side, or rear lot sides. For individually
owned multi-family structures, this cost will be divided equally between
the individual units.
Unplatted or vacant commercial, industrial, manufacturing, tax exempt,
institutional medium and high-density residential properties will be
assessed as described above based upon the land use allowed by the
ordinance.
III. ASSOCIATED INFRASTRUCTURE REPAIRS
Storm Sewer, Sanitary Sewer, Water main, and Concrete Curb and Gutter:
1. The cost for major extension of storm sewer to new areas under major
reconstruction will be assessed on a per lot basis. The current per lot
assessment has been set by the City Council as $1000 each.
2. The cost of lateral and main storm sewer maintenance and reconstruction
within the area where streets are receiving major maintenance will not be
included in the project cost to be assessed.
3. The cost of lateral and main sanitary sewer and water main maintenance and
reconstruction, and existing concrete curb and gutter repairs within the area
where streets are receiving major maintenance will not be included in the
project cost to be assessed.
IV. FINANCING
A. The cost of the roadway major maintenance and related utility improvements will
be assessed over a period not to exceed 10 years.
B. The project costs not funded by assessments will be funded from any funding
sources as specified by the City Council.
C. The assessment rate will be based on the project cost including the rate of
interest on bonds sold to finance the project plus expenses.
�
�
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
May 18, 2006
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
An Ordinance to Repeal Ch. 105 Weeds and Rewrite as Ch. 105 Landscape
Maintenance (TA 05-08)
M-06-62
INTRODUCTION
On December 12, 2005 City Council held a public hearing for text amendment TA #05-08
regarding landscape maintenance. This text amendment was one of several that were a
product of years of study related to the Springbrook Watershed Grant Project, where the City
committed to analyzing and improving our codes to protect storm water quality and quantity. To
complete the code review portion of the Springbrook Watershed Project, staff needed the
Council to act on this text amendment. Wthout that step, staff would be unable to complete the
project's final report due May 29, 2006.
On April 24, 2006 Council did act on the proposed text amendment by denying the previous
version of Chapter 105, Landscape Maintenance. Staff has responded to Council's comments at
the April 24, 2006 First Reading and removed language referring to buffer strips and gutter
downspouts.
On May 8, 2006, Council made a formal motion to bring back the ordinance for reconsideration
after an opportunity to further discuss components of the ordinance at their May 15, 2006 Work
Session.
At the May 15, 2006 Council Work Session, Council discussed possible changes to the
proposed Chapter 105 language with staff, and staff has modified the ordinance accordingly.
The changes made to the April 24 draft ordinance include:
Definitions
The definition of Ordinary High Water Level was removed as it is no longer needed with removal
of this term from the proposed amendments.
A definition of Wooded Area was added.
A definition of Public Right of Way was added.
105.05. Protection of Waterways
The paragraphs referring to gutter installation requirements and shoreland landscape buffers
were removed.
The wording of 105.05.1.B was modified to clarify that City crews are permitted to mow in the
public right of way.
STAFF RECOMMENDATION
City Staff recommends that the Council bring proposed text amendment, TA #05-08, off the
table at the May 22, 2006 City Council meeting and conduct a first reading of the attached
ordinance, which is designed to repeal Ch. 105 Weeds and adopt a new Ch. 105 Landscape
Maintenance.
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 105 OF THE FRIDLEY CITY CODE
PERTAINING TO LANDSCAPE MAINTENANCE
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 105 of the Fridley City Code be hereby repealed as follows:
. (Ref . 397)
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Section 2: That Section 105 of the Fridley City Code be hereby renamed Landscape
Maintenance and amended as follows:
105. LANDSCAPE MAINTENANCE
105.01. PURPOSE
Thepurpose of this section of Citv Code is to establish minimum standards for landscape
maintenance and to protect surface water qualit�v allowing natural areas where they can
benefit water quality throu�hout the Cit�
105.02. DEFINITIONS
1. Designated Natural Area
An area of native plants that has never been disturbed or an area intentionally planted with
native perennial vegetation greater than ten (10) inches in hei�ht that has an edged border
separatin� it from areas of turf grass.
2. Garden
A cultivated area dedicated to the rowing of ve�etables, fruit, flowers, perennials, shrubs, and
similar plants that were specificallyplanted in that location and common weeds are not the
predominant ve�etation.
3. Landscape
The area of a parcel of land that is not covered with an impervious surface.
4. Lot
A�arcel of land adLcent to a street or road , includin tg ne ri�ht-of-wav between the propert �� and
the curb.
5. Noxious Weeds
Includes both prohibited noxious weeds and secondarv noxious weeds as defined bv the State of
Minnesota Department of Agriculture. (Note: this does not include dandelions)
6. Ordinarv High Water Level
Minnesota State Statute 103G.005, subdivision 14 defines ordinarv hi�h water level as the
boundarv of waterbasins, watercourses, public waters, and public waters wetlands, and:
�1) the ordinarv high water level is an elevation delineatin t�ghest water level that
has been maintained for a sufficient period of time to leave evidence upon the
landscape, commonl.��point where the natural ve�etation chan�es from
predominantiv aquatic to predominantiv terrestrial;
�2) for watercourses, the ordinar ��high water level is the elevation of the top of the bank
of the channel: and
(3) for reservoirs and flowa�es, the ordinar��h water level is the operating elevation
of the normal summer pool.
7. Waterwav
An ���of water that receives storm water runoff, includin� wetlands, lakes, ponds, streams,
rivers, and reservoirs. Shall not include ��� water t�-flowin� 4� �,n streets, ��r ,�t���'�� �,�1�
1or_Icss than_?a_ l�ours <,��ri��ate prupc:rty a.ftrr a rain event. - —
105.03. REpUIRED MAINTENANCE
Landscape areas of all properties must be maintained bv the owner to be free of noxious weeds. Ground
cover, except for trees and shrubs, in landscaped areas may not exceed ten (10) inches in average hei�
except for gardens and designated natural areas. Designated natural areas which do not need to be ed�ed
include: Drainage ponds, ditches, lakeshore areas, parks, 3 to 1 or greater slopes, streambanks, vacant
lots, wetlands, or wooded areas. Landscaped areas must be kept free of litter. Vegetation shall not be
permitted to be overgrown or encroach onto adjacent properties. Failure to complv is a nuisance.
105.04 INTERVENTION BY THE CITY
If the provisions of Section 105.03 are not complied with, the Citv Manager or his/her designee shall �ive
written notice to the owner of the propertv in violation. If the property owner fails to bring the violatin�
propertv into compliance with Section 105.03 within the time specified or if the owner of the property
cannot be located, designated Citv staff shall have the landscape brought into compliance and invoice the
propertv owner for the cost of such service and abatement administrative cost. If the propertv owner fails
to pav the invoiced cost within 30 davs, the invoiced cost of these services and an additional 25%
assessment fee will be certified to Anoka Countv and assessed to the property's taxes.
105.05. PROTECTION OF WATERWAYS
1. In addition to proper landscape maintenance, all propertv owners in the Citv of Fridlev must
protect surface water quality through the following measures:
A. No person is permitted to deposit leaves rag ss clippings, or other plant waste within twentv-
ti��e (25) feet of�a ��aterivav or ten (10) feet ot a bluffline, whiche�er is treater.
B. No person is permitted to deposit or store yard wastes of anv kind, except as permitted in
Chapter 1 13, in a public right of wa�
C. Extreme care must be taken to prevent landscape fertilizers, pesticides, and herbicides from
fallin�on a paved surface. An�pplied granular landscape fertilizer, pesticide, or herbicide
must be swept from an�paved surfaces immediatelv upon completion of application as
s�ecified in State Statutes. Commercial lawn care product applicators must post public
notification signs when lawn care products are applied. No person shall remove such si n�
48 hours, as required by law.
D. Newlv installed residential roof gutter downspouts must be directed onto a landscaped area
and are not permitted to drain onto a paved surface except in situations approved bv the Citv
���here nei �ht, borin�roperties w�ill be ne �at�i�_elv affected bv strict adherence to this section.
Rain barrels are permitted in side or rear yards onl�
E. Scctic�n I U>.U5.1.1�: shall be cf iccti��� at�t��r_lui�� _1, ?O I 1. No person shall mow vegetation or
apply fertilizer or other landscape chemicals within twent��20) feet of the ordinarv hi�
water mark of any waterwaywithout approval from the Citv. Propertv owners mav maintain a
mowed walkwav down to the water's ed�e no wider than 10 feet. Puhliclv maintained vistas
in parklanci m:ivpreser��� a nu,���etl �tia?k���t�ti� ci��w�n t�� the ���ater's cci�,c; no �+�ider than 25 feet.
1050.06. PENALTIES
Anv violation of this Chapter is a misdemeanor and is subiect to all penalties provided for such violations
under the provisions of Chapter 901 of this Code. Each day that the violation exists or continues to exist
shall be deemed a separate offense.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 200 .
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: December 12, 2005
First Reading:
Second Reading:
Publication:
Scott J. Lund, Mayor
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ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 105 OF THE FRIDLEY CITY CODE
PERTAINING TO LANDSCAPE MAINTENANCE
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 105 of the Fridley City Code be hereby repealed as follows:
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Section 2: That Section 105 of the Fridley City Code be hereby renamed Landscape
Maintenance and amended as follows:
105. LANDSCAPE MAINTENANCE
105.01. PURPOSE
The purpose of this section of City Code is to establish minimum standards for landscape
maintenance and to protect surface water qualit�y allowin� natural areas where the.��
benefit water quality throu�hout the Cit�
105.02. DEFINITIONS
1. Desi�nated Natural Area
An area of native plants that has never been disturbed or an area intentionall�planted with
native perennial ve�etation �reater than ten (10) inches in hei�ht that has an ed�ed border
separatin� it from areas of turf �rass.
2. Garden
A cultivated area dedicated to the �rowin� of ve�etables, fruit, flowers, perennials, shrubs, and
similar plants that were specificall�planted in that location and common weeds are not the
predominant ve�etation.
3. Landscape
The area of a parcel of land that is not covered with an impervious surface.
4. Lot
A parcel of land adjacent to a street or road, includin� the ri�ht-of-way between the property and
the curb.
5. Noxious Weeds
Includes both prohibited noxious weeds and secondary noxious weeds as defined by the State of
Minnesota Department of A�riculture. (Note: this does not include dandelions)
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6. Right-of-Wav
The area on, below, or above a public roadwav, highwav, allev, street, bicvcle lane, public
sidewalk, and boulevard in which the City has an interest, includin� the dedicated ri�hts-of-
wav for travel purposes and utilitv easements of the Citv. A Right-of-Wav does not include
the airwaves above a Right-of-Wav with regard to cellular or other nonwire
telecommunications or broadcast service.
7. Waterwav
An.�y of water that receives storm water runoff, includin� wetlands, lakes, ponds, streams,
rivers, and reservoirs. Shall not include water flowin� on streets, or poolin� for less than 24 hours
on private property after a rain event.
8. Wooded Area
An area of trees and other native plant materials identi�ed as follows: for everv 100 square
feet of area considered, there shall not be less than six (6) trees, each of a six inch (6") caliper
measurement, measured at a point of six inches (6') above grade from the base of each tree
measured.
105.03. REQUIRED MAINTENANCE
Landscape areas of all properties must be maintained by the owner to be free of noxious weeds. Ground
cover, except for trees and shrubs, in landscaped areas may not exceed ten (10) inches in avera�e hei�ht
except for �ardens and desi�nated natural areas. Desi�nated natural areas which do not need to be ed�ed
include: Draina�e ponds, ditches, lakeshore areas, parks, 3 to 1 or �reater slopes, streambanks, vacant
lots, wetlands, or wooded areas. Landscaped areas must be kept free of litter. Ve�etation shall not be
permitted to be over�rown or encroach onto adjacent properties. Failure to com�lv is a nuisance.
105.04 INTERVENTION BY THE CITY
If the provisions of Section 105.03 are not complied with, the City Mana�er or his/her desi�nee shall �ive
written notice to the owner of the property in violation. If the property owner fails to brin� the violatin�
property into compliance with Section 105.03 within the time specified or if the owner of the property
cannot be located, desi�nated City staff shall have the landscape brou�ht into compliance and invoice the
property owner for the cost of such service and abatement administrative cost. If the property owner fails
to pav the invoiced cost within 30 days, the invoiced cost of these services and an additiona125%
assessment fee will be certified to Anoka County and assessed to the property's taxes.
105.05. PROTECTION OF WATERWAYS
1. In addition to proper landscape maintenance, all property owners in the City of Fridle.�
protect surface water quality throu�h the followin� measures:
A. No person is permitted to deposit leaves, �rass cli�pin�s, or other plant waste within twentv-
five (25) feet of a waterway or ten (10) feet of a bluffline, whichever is �reater.
B. No person is permitted to deposit or store yard wastes of any kind in a ri�ht-of-way or
roadwav, except as permitted in Chapter 113 or in the process of maintaining the right-of-
wav.
C. Extreme care must be taken to prevent landscape fertilizers, pesticides, and herbicides from
fallin� on a paved surface. An��plied �ranular landscape fertilizer, pesticide, or herbicide
must be swept from any paved surfaces immediately upon completion of application as
specified in State Statutes. Commercial lawn care product a�plicators must post public
notification si�ns when lawn care products are a�plied. No person shall remove such si�ns for
48 hours, as required b.�
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1050.06. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations
under the provisions of Chapter 901 of this Code. Each day that the violation exists or continues to exist
shall be deemed a separate offense.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 200 .
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: December 12, 2005
First Reading: May 22, 2005
Second Reading:
Publication:
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CffY OF
FRIDLEY
Date:
To:
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 22, 2006
May 16, 2006
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Resolution approving Final Plat, PS #05-08, Blue Print Homes
M-06-60
INTRODUCTION
On November 2, 2005, the Planning Commission considered plat request PS #05-08, by Blue
Print Homes. Blue Print Homes received preliminary plat approval from the City Council on
November 21, 2005 to replat portions of Block 2, City View Addition and portions of Blocks 12
and 28, Hyde Park Addition, generally located between 57th Place and 61 St Avenue and 3�a
Street and University Avenue. The purpose of this preliminary plat approval is to create 16 new
single family lots for the Gateway West redevelopment project, with 7 stipulations.
RECENT HISTORY
After further review by Blue Print Homes Engineering firm (Pioneer Engineering), they
discovered some minor title issues with the plat. After working on these issues for 3 months,
Pioneer was unable to resolve the issues and refused to move the final plat forward. Pioneer
was removed from the project and Kurth Surveying was hired to examine Pioneers work and
take the final plat to Anoka County. In Mid-March Kurth began working on this project, on the
City's behalf, and determined it would be best to separate the plat into a"1St & 2na" Addition
because the bulk of the title problems lie with the southern property, namely the former Franks
Used Cars site. Therefore, staff is bringing forward the Gateway West 1St Addition at this time.
It is anticipated that the 2nd Addition will be brought forward in July of this year.
RECOMMENDATION
After consultation with Attorney Knaak, staff recommends that the Council approve the attached
resolution, approving Gateway West 1St Addition, pending review and approval by the Anoka
County Surveyor. Provided Anoka County Surveyors review the plat in the next few weeks, this
would still allow the HRA to put buildable lots in Blueprints possession by early June.
STIPULATIONS
1. Petitioner shall obtain all necessary permits prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff prior to the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
3. During construction, silt fencing shall be used where applicable.
4. Petitioner to pay all water and sewer connection fees.
5. The petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the new homes shall be marked and approved by City staff
prior to issuance of building permits.
6. Petitioner to provide City with a copy of the declaration of conveyance for the
development that outlines the landscaping and fencing requirements prior to issuance of
a building permit.
7. Park dedication fee of $6, 000. 00 (4 lots x$1, 500. 00) to be paid prior to issuance of a
building permit.
RESOLUTION NO.
RESOLUTION APPROVING A PLAT, P.S. #05-08, GATEWAY WEST 1ST ADDITION, BY
BLUE PRINT HOMES, FOR THE PURPOSE OF CREATING SEVEN SINGLE FAMILY
LOTS,GENERALLY LOCATED BETWEEN 59T" AVENUE AND 61ST AVENUE AND 3� STREET
AND UNIVERSITY AVENUE NE.
WHEREAS, the Planning Commission held a public hearing on November 2,
2005 for the GATEWAY WEST ADDITION, and recommended approval of said
plat; and
WHEREAS, the City Council approved the preliminary plat for the
GATEWAY WEST ADDITION at their November 21, 2005, meeting, with
stipulations attached as Exhibit A; and
WHEREAS, a number of minor title issues have been discovered with the
original GATEWAY WEST ADDITION which has caused the plat to be broken
into 2 separate plats; and
WHEREAS, a copy of the plat GATEWAY WEST 1ST ADDITION has been attached
as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the
Final Plat for GATEWAY WEST 1ST ADDITION and directs the petitioner to
record plat at Anoka County within six months of this approval or such
approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22r'D
DAY OF MAY 2006.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Page 2- Resolution -2006 - GATEWAY WEST 1ST ADDITION
EXHIBIT A
STIPULATIONS
1. Petitioner shall obtain all necessary permits prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff
prior to the issuance of any building permits, in order to minimize
impacts to the surrounding properties.
3. During construction, silt fencing shall be used where applicable.
4. Petitioner to pay all water and sewer connection fees.
5. The petitioner shall agree to preserve mature trees to the extent
possible. All trees required to be removed for the new homes shall
be marked and approved by City staff prior to issuance of building
permits.
6. Petitioner to provide City with a copy of the declaration of
conveyance for the development that outlines the landscaping and
fencing requirements prior to issuance of a building permit.
7. Park dedication fee of $6,000.00 (4 lots x$1,500.00) to be paid
prior to issuance of a building permit.
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� AGENDA ITEM
��F CITY COUNCIL MEETING OF MAY 22, 2006
FRIDLEI'
INFORMAL STATUS REPORTS