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08/14/2006 - 6106_ ` � . - �, CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2006 7:30 p.m. - City Council Chambers , � Attendance Sheet PLFASF AR/NT MAMF, Afl�RFSS Alll� /TFM NUMBSR YOU AR� /Ni�RFSTFD /M. Pri�nt' Name �Clearlg) Addres� �t�xn Na. .� ' � �. ,�. f�(� — �� G��c� � !�l 1 -�� ,.°� 1 � N� c ` C3 / �e � � � - �er !�5 ��3� �- �-e f / 3 � o r� � v e.� �0 � e c o S% . N�. �t � U� �= �' � �o / ��ti,� ,�; �,� � �., G'�i ( 1" � � � V � � � I J -bE � , � � �r�/�L-.� � f�f �/ '�_L � �a- o �. � L�; �� 5�- � �4- � 1 � � � 1la �� _r � �'.� . ,� �� -�3 ` � �� . � � ,- ��L - ` 7�� N1 �R � � c � 3 I �`i" i �r�S ✓1 n/ ! FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2006 1` 3 z � _ -U q7Y OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's senrices, 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. �� 1�� APPROVAL OF PROPOSED CONSENT AGENDA: � l � � NEW BUSINESS (CONTINUEDI: -�y�•�/�� 5 � � �� ` �-� �--z t1�' l APPROVAL OF PROPOSED CONSENT AGENDA: 6. esolution Approving MnDOT Agreement No. 89989 for the Maintenance of the University Avenue APPROVAL OF MINUTES: �� Decorative Fence (Ward 3) ............... 26 - 35 City Council Meeting of duly 24, 2006 OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley........... ` . ..................... 1 - 2 � � ��,. NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of July 19, 2006 .................... 3-12 3. Resolution to Vacate Two 5-Foot Drainage and Utility Easements that Run Along the West and East Property Lines of Lots 2 and 3 of the Friendly Chevrolet Addition, Generally Located at 7490 Central Avenue and 7500 Central Avenue N.E. (1lVard 2) ................................... 13 -18 a�06 - �S 4. Approve Change Orders for the Fire Department Aerial Ladder Truck ........................... 19 - 21 � /A�' ��S61�s� ��1`� � 5. Approve C ange Order No. 1 for the 2006 '" Street Improvement Project No. ST. 2006 —1 .................................. 22 - 25 c�-t%Z%� ".'f'lo 7. Resolution Authorizing the Execution of the Trust Agreement for the City of Fridley Deferred Compensation Plan with Wells Fargo Bank, N.A., as Trustee ................................... 36 - 43 8. Claims c�-l�lQ " c�- � ............................ 44 Licenses ................................... 45 - 46 10. Estimate� ......................... ��-+� ;;� . ��,(�� _ .... 47 ADOPTION OF AGENDA. �( � ��g��s�- � lc9 b l �S y � /►�-�'P �. OPEN FORUM (VISITORSL Consideration of Items not on Agenda —15 Minutes �� - �- � � - 7;SZ PUBUC HEARINGS: ��/� g/A�� 11. Consider Revocation of Special Use Permit, SP #03-14, for Central Auto Parts, Generally Located at 1201 — 73 %2 Avenue N.E. (VNard 2) (Continued July 10, 2006) ................. 48 - 49 ��-e : ie ��,c�/,�,�- g+; �D _ _ � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2006 PAGE 2 PUBLIC HEARINGS CONTINUED : �j � � � ��-� , ,� � 3 � i. � �� /�,�-/,�.�-�- 12. Consider Revocation of Special Use Permit, SP #89-08, for Sam's Auto World, Generally Located at 7570 Highway 65 N.E. (Ward 2) .................................. � - 5� .� S � � r� , e�.,, j C�-� � �'`� �, �r L .. `��1'��,vj,�e 6 �'��`' � � �� O� : ��1s6/ � s .�- c� �. 13. Consider the Need to Increase the Water, Stor�fi �„�c-k'. Waier and Sanitary Sewer Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as ��,, �� Required by Section 7.02 of the Fridley City 4 Chart� .......A ..��.....��A. 58 - 59 � . 'e �/ � �o ��y��' ��,.�.,� �--<:�� b'�� : vv�� .2��,a�-�1� � r� -� � �-�s-� �� °� � � iu� - ,C� � .� � � "`'� `-c'u,a�a c.c��— -� a��.�. � .2�c-�-us---"� Q� � 5'B/iE'c��i<1Sca- 14. Consider the Building Located at 5685 Jackson Street N.E. Hazardous and Order its Removal or Repair Pursuant to Minnesota Statutes, Section 463 (Ward 1) ......................... 60 � ' � �` �' � /�' 3��- S,�{- /U '- 3 Z NEW BUSINESS: 15. Resolution Revoking Special Use Permit, � SP #03-14, for Central Auto Parts, to Operate a Junk Yard in an M-1 2oning District, Generally Located at 1201 — 73 '/z Avenue N. E. - ar .................................. 61 63 16. Resolution Ordering the Removal or Repair of a Hazardous Building, Pursuant to Minnesota Statutes, Section 463, Located within the City of Fridley, Minnesota (5685 Jackson Street N.E.) (Ward 1� ................................... 64 - 66 A/,�" r1Q_ l«�v, . . . �5�'� V � �' (o - �-{� � 17. Informal Status Reports ..................... 67 �►�� ADJOURN. fj 1 �I O � � � t ��/'J �� v / ��1�� v b S�f- � o � ,.� Gv� �{a alz�-l�� 6�� ce d�..�-��, �o �� o� �s � � c`� -� -. � �,��„"2 � � �� ; ,n.�e,� �. Iv � �'.' a �v-2 3 t--� �� {v (ae 3,�� SCc('`s �� e,�f� �. ��.Q- � � �a i(� � S Y; v � � `� 3 � Q P � � CITY COUNCIL MEETING OF AUGUST 14, 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 July 24, 2006 OLD BUSINESS: 1. Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley .................................................. 1- 2 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of July 19, 2006 ...................................................................................... 3- 12 FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Resolution to Vacate Two 5-Foot Drainage and Utility Easements that Run Along the West and East Property Lines of Lots 2 and 3 of the Friendly Chevrolet Addition, Generally Located at 7490 Central Avenue and 7500 Central Avenue N.E. (Ward 2) ....................................................................................................... 13 - 18 4. Approve Change Orders for the Fire Department Aerial Ladder Truck ........................................................................................... 19 - 21 5. Approve Change Order No. 1 for the 2006 Street Improvement Project No. ST. 2006 — 1 ............................................................. 22 - 25 6. Resolution Approving MnDOT Agreement No. 89989 for the Maintenance of the University Avenue Decorative Fence (Ward 3) ................................................................................ 26 - 35 7. Resolution Authorizing the Execution of the Trust Agreement for the City of Fridley Deferred Compensation Plan with Wells Fargo Bank, N.A., as Trustee....................................................................................................... 36 - 43 8. Claims ....................................................................................................... 44 9. Licenses ....................................................................................................... 45 - 46 10. Estimates ....................................................................................................... 47 FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2006 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARINGS: 11. Consider Revocation of Special Use Permit, SP #03-14, for Central Auto Parts, Generally Located at 1201 — 73'/ Avenue N.E. (Ward 2) (Continued July 10, 2006) ................................................................................. 48 - 49 12. Consider Revocation of Special Use Permit, SP #89-08, for Sam's Auto World, Generally Located at 7570 Highway 65 N.E. (Ward 2) ..................................................... 50 - 57 13. Consider the Need to Increase the Water, Storm Water and Sanitary Sewer Rates in Excess of the Inflationary Index or 5%, Whichever is Less, as Required by Section 7.02 of the Fridley City Charter....................................................................................................... 58 - 59 14. Consider the Building Located at 5685 Jackson Street N. E. Hazardous and Order its Removal or Repair Pursuant to Minnesota Statutes, Section 463 (Ward 1) ......................................................................................... 60 NEW BUSINESS: 15. Resolution Revoking Special Use Permit, SP #03-14, for Central Auto Parts, to Operate a Junk Yard in an M-1 Zoning District, Generally Located at 1201 — 73'/ Avenue N.E. (Ward 2) ................................................. 61 - 63 FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2006 PAGE 4 NEW BUSINESS (CONTINUED): 16. Resolution Ordering the Removal or Repair of a Hazardous Building, Pursuant to Minnesota Statutes, Section 463, Located within the City of Fridley, Minnesota (5685 Jackson Street N.E.) (Ward 1) ....................................................................................................... 64 - 66 17. Informal Status Reports ..................................................................................... 67 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY JULY 24, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led Council and audience in the Pledge of Allegiance to the flag. 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 Don Abbott, Public Safety Director Layne Otteson, Assistant Public Works Director Myra Harris, Special Projects Coordinator Bruce Nelson, 168 - 71st Way NE PROCLAMATION National Night Out: Tuesday August 1, 2006 Mayor Lund read and presented a proclamation regarding National Night Out. Myra Harris, Special Projects Coordinator, thanked everyone for their support. This is an exciting time of year. National Night Out is led by block captains and people have been calling to host a block party. This is a great opportunity to get to know your neighbors and create a safe neighborhood. If anyone is interested in having a block party, call 763-572-3638 and a package will be mailed to your residence. Mayor Lund questioned if it was too late to sign up to host a block party. Ms. Harris stated that people interested in hosting a block party can call up to July 31, 2006. Generally over 100 block parties are held around the City, and City staff will do their best to have representatives from the community stop by at various block parties. If a City representative is not able to make an appearance at your block party, call and you will be the first on the list for a representative to visit next year. FRIDLEY CITY COUNCIL MEETING OF JULY 24, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 10, 2006. APPROVED. NEW BUSINESS: 1. Second reading of an Ordinance Amending Chapter 214 Related to Definitions, Institutional Signs (Churches and Schools), Political Signs, Temporary Sign Requirements, and Signage for Industries and Businesses along Interstate 694; and Adopt Official Title and Summary Ordinance. William Burns, City Manager, stated that this ordinance includes a comprehensive list of sign ordinance changes. Items include changes in signage requirements as they relate to the following: 1. Church signage 2. I-694 signage 3. Temporary signs 4. Political signs 5. R-3 multi-family signage 6. Signs for non-conforming uses 7. Others Mr. Burns stated that Council approved the first reading of the ordinance at their July 10, 2006, meeting. Staff recommends Council's approval of the second and final reading, as well as approval of the official title and summary ordinance. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1233 ON SECOND READING. ADOPTED OFFICIAL TITLE AND SUMMARY ORDINANCE AND ORDERED PUBLICATION. 2. First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charger of the City of Fridley. William Burns, City Manager, stated that staff is recommending a 3% increase in salaries for the Mayor and Council for 2007. This is consistent with the increase for employees contained in the proposed budget for 2007. The increase will provide for the following salaries: A Mayor $10,233.85 B. Councilmember-at-Large $ 8,397.75 C. Councilmember $ 7,424.42 Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF JULY 24, 2006 PAGE 3 WAIVED THE READING OF THE ORDINANCE AND APPROVED THE ORDINANCE ON FIRST READING. 3. Resolution Appointing Election Judges for the 2006 Primary and General Elections. William Burns, City Manager, stated the resolution appoints election judges for 2006. The names are listed without precinct assignment in a manner that is consistent with a recent Charter change. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-44. 4. Approval of Change Order No. 2 for the Locke Park Water Treatment Plant Improvements. William Burns, City Manager, stated that the change order reflects the City's reimbursement for additional expenditures associated with the contractor's failure to control concrete dust during replacement of concrete flooring. The amount of the credit is $1,963.25. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Receive Bids and Award Contract for the 2006 Mill and Overlay Project No. ST. 2006-2. William Burns, City Manager, stated four bids for work on portions of Matterhorn Drive and 73rd Avenue were opened on July 20. The lowest bid was received from Midwest Asphalt Corporation of Hopkins, Minnesota, in the amount of $246,814. Staff recommends that Council receive the bids and award the contract to the low bidder. CONTRACT AWARDED TO MIDWEST ASPHALT CORPORATION OF HOPHINS, MINNESOTA, IN THE AMOUNT OF $246,814. 6. Claims (127401-127619). APPROVED. 7. Licenses. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA FRIDLEY CITY COUNCIL MEETING OF JULY 24, 2006 PAGE 4 8. Estimates APPROVED THE FOLLOWING ESTIMATES: Concrete Idea 13961 44th Lane NE St. Michael, MN 55376 Miscellaneous Concrete ProjectNo. 365 Estimate No. 1 $ 8,711.50 Dave Perkins Contracting, Inc. 14230 Basalt Street NW Ramsey, MN 55303 73 '/z Avenue Street Improvement Proj ect No ST-2005-3 Estimate No.2 $23,178.39 Councilmember Bolkcom asked that Items 4 and 7 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Items 4 and 7. 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 Bolkcom to adopt the consent agenda as presented with the addition of Items 4 and 7. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): NONE. NEW BUSINESS: 4. Approve Change Order No. 2 for the Locke Park Water Treatment Plant Improvements. Councilmember Bolkcom questioned if staff was comfortable with the remaining items that are left to be repaired and foresee no additional expenditures needed to complete the proj ect. FRIDLEY CITY COUNCIL MEETING OF JULY 24, 2006 PAGE 5 Mr. Otteson answered that staff felt confident that no additional expenditures would be needed to complete the project. With the change order, what the City is owed and the warranties from the contractor, most issues should be resolved. Councilmember Bolkcom asked if there would be anything outstanding after completion. Mr. Otteson said that at this time, he does not foresee anything to be outstanding; however, sometimes things come up with construction. MOTION by Councilmember Bolkcom to approve Change Order No. 2 for the Locke Park Water Treatment Plant improvements. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Licenses. Councilmember Bolkcom asked why the person's last name was not listed on the rental licenses for the property located at 1556 South Oberlin Circle. William Burns, City Manager, said he would check into the matter and make sure it was listed properly. Councilmember Bolkcom asked why the property at 5901 - 2'/z Street NE, was not inspected every four years. Dr. Burns said he would research the properties listed and report back to the Council. Councilmember Bolkcom questioned if the property was inspected at all. Dr. Burns replied that in this past year, the City has changed to a standard rental inspection policy. He said he would research this item and report back to Council. MOTION by Councilmember Bolkcom to approve the licenses as submitted and as on file. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 9. Informal Status Reports. Councilmember Bolkcom stated that she has received several e-mails regarding the train whistles being a constant disturbance. There was to have been an informal meeting, but it has been delayed until more information is collected. She asked if there was any new information. FRIDLEY CITY COUNCIL MEETING OF JULY 24, 2006 PAGE 6 Don Abbott, Public Safety Director, replied that they are working with Federal entities and researching the possibility of having a quiet zone in the City of Fridley. The Federal Railroad Administration (FRA), a branch of the US DOT, is the entity that enforces the rules, and it is Federal Law that requires the engineers to sound their whistle as they approach every crossing. It is the FRA that would enforce the quiet zone which is then an order to the local engineers not to sound their whistles in quiet zone areas. A quiet zone also involves MnDOT and the coordination of many other organizations. All the groups are required to send updated information to the City to allow the crossings to be evaluated and determine what other safety measures are needed for the crossings in order to qualify for a quiet zone. There is a Federal formula that breaks down the qualifications into what measures do or do not meet the criteria for a quiet zone. Coordination of the efforts of the Federal, State and County Government takes time and the process for a quiet zone in the City of Fridley is in progress. A meeting is scheduled with all the interested persons and a discussion and review of the crossings will be necessary to determine what needs to be done. Cost figures will be tallied. Hopefully, information will be available to present back to Council in August. Councilmember Bolkcom commented that she thought the cost of a quiet zone is several hundred thousand dollars. Mr. Abbot agreed that it is very expensive. They have received estimates as high as $400,000 for this project. Councilmember Barnette stated that persons interested in a quiet zone may want to drive by the quiet zones in Coon Rapids. They are located on Hanson Boulevard off of Coon Rapids Boulevard going east and off of Egret. Councilmember Bolkcom stated that one of the reasons the quiet zone is of interest is because of the rail system that is being proposed which will create more traffic on the railroads. Mayor Lund asked for an update on the water situation in the City. Layne Otteson, Assistant Public Works Director, replied that as of last week a possible problem was identified with some valves that were open which caused some pressure issues. This may solve the problem. Mayor Lund questioned if they have received any calls or e-mails regarding the water discoloration problem. William Burns, City Manager, stated that Mr. Haukaas reported in the staff ineeting last week that the number of calls regarding the water discoloration has dropped significantly last week. To fix this problem, the entire system needs to be flushed, but with the drought and demand for water, they have not been able to flush the system. Mayor Lund stated that some outside agencies have been hired to help resolve this problem. Hopefully citizens will understand that the City is working diligently to solve the problem. Call if you have a problem as it does help identify where the problem is located. Due to the length of FRIDLEY CITY COUNCIL MEETING OF JULY 24, 2006 PAGE 7 hot weather and demand for water, it is delaying flushing the system. We are trying to reach 100% satisfaction. Councilmember Bolkcom asked for an update on the street project and how citizens can check on the progress. Mr. Otteson stated that the project is moving along quite well. At the beginning of the project south of Community Park, they ran into some storm sewer problems which held up the proj ect. Since then, the proj ect is moving along and asphalt is down in that area. At the end of this week, the area south of Community Park will be curbed, asphalted and driveways completed. Boulevards are not complete but will be started in the next few weeks. The area of Pandora, Overton and Oakley have seen asphalt and curbing but some areas are not completed due to storm sewer problems. We hope to have everything paved by the end of the week The Gateway West project will start next Monday. The progress of these areas can be checked on the website. Councilmember Bolkcom questioned the Harris Pond area and the grass situation. The grass does not look good at Jade Park, where the rain garden proj ect is located. Mr. Otteson stated that the grass is in tough shape because of the extreme drought. They will look at the grass this fall and decided if they need to reseed. The Rice Creek Watershed may have some advice as to what to do with this area. They have been trying to water the area, but it is hard to keep up with the drought and the extremely warm weather. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:03 P.M. Respectfully Submitted by, Krista J. Monsrud Scott Lund Recording Secretary Mayor � � CffY OF FRIDLEI' T�: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 William W. Burns, City Manager Deborah K. Dahl, Human Resources Director August 3, 2006 SUBJECT: 2007 Council Salaries Attached for second reading is an ordinance to increase Council salaries by three percent (3%) effective January 1, 2007. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley City Charter. The annual salaries for the Mayor and Councilmembers during 2007 shall be as follows: Mayor: Councilmemb er-at-Large : Councilmember (Wards I, II and III) $10,223 . 85 $ 8,397.75 $ 7,424.42 The first reading of this ordinance was held on July 24, 2006. Staff recommends Council's approval of the second reading of this ordinance. Attachment ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY The City Council of the City of Fridley does hereby ordain as follows: The annual salaries for the Mayor and Councilmembers during 2007 and subsequent years shall be as follows: Mayor Councilmember-at-Large Councilmember, Ward I Councilmember, Ward II Councilmember, Ward III $10,223.85 $ 8,397.75 $ 7,424.42 $ 7,424.42 $ 7,424.42 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time authorized employees of the City of Fridley. PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF , 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: July 24, 2006 Second Reading: Publication: CITY OF FRIDLEY PLANNING COMMISSION JULY 19, 2006 CALL TO ORDER: Commissioner Kondrick called the regular meeting of the Planning commission to order at 7:30 p. m. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Barbara Johns, David Kondrick, Leroy Oquist, Dean Saba, Larry Kuechle Diane Savage, Brad Dunham Stacy Stromberg, City Planner Brent Anderson, BDA Development Company Mark Heisterkamp, BDA Development Company APPROVE PLANNING COMMISSION MEETNIG MINUTES: - June 7, 2006 MOTION by Commissioner Johns, seconded by Commissioner Oquist to approve the minutes as submitted. UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER KONDRICK DECLARED THE MOTION CARRIED UNAMINOUSLY. PUBLIC HEARING: 1. Consideration of a Special Use Permit, SP #06-04, by Brent Anderson, for BDA Development Co., to allow limited outdoor storage in an M-1, Light Industrial zoninq district, qenerally located at 7600 State Hiqhway 65 NE. MOTION by Commissioner Kuechle, seconded by Commissioner Saba, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Stromberg, City Planner, presented a request from the petitioner, Brent Anderson of BDA Development Company, who is seeking a special use permit to allow limited outdoor storage at the business, which is located at 7600 Highway 65. The petitioner is requesting to store construction supplies and equipment in a 10 ft. by 520 ft. lean-to structure that he is proposing to construct along the southern property line. Ms. Stromberg stated that the original building was constructed in 1956 as a lumber shop/office and storage shed. The original building has been added to several times since its original construction and there have also been several cold storage buildings constructed in the rear yard of the property. Currently, what exists on the site is a principal building of approximately 34,000 square feet and two cold storage sheds, one of which is 6,350 square feet and the other is 2,772 square feet. Ms. Stromberg reviewed City Code which allows up to 50% of the principal buildings footprint of limited outdoor storage in the industrial districts with a special use permit. The petitioner's principal building is approximately 34,000 square feet, which would allow 17,000 square feet. The petitioner is proposing to construct a 10 ft. by 520 ft. (5,200 square feet) lean-to structure to store his construction related supplies and equipment on the south side of the property. The petitioner also plans to have outdoor storage confined to an area in the northwest corner of this property; however, an exact dimension of that area hasn't been identified. Staff will stipulate that that area be identified and measured to know exactly where the property falls within meeting the 50% outdoor storage requirements. After the lean-to structure is constructed, the petitioner will have 11,800 square feet of potential space for outdoor storage, minus the area in the northwest corner. Ms. Stromberg stated that the two existing cold storage buildings will not be used to figure the percentage requirement for outdoor storage because they were constructed in the 1950's, and the 1955 zoning code didn't require a special use permit for outdoor storage. Ms. Stromberg stated that properties in the industrial district have the option to have limited outdoor storage as long as nine specific code requirements are met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside to ensure compliance with the City Fire Marshall. Ms. Stromberg stated that the storage of materials stored outside or located within the lean-to are limited to 12 ft. high. The proposed lean-to will provide screening for properties to the south and a concrete wall exists on the north side, which also provides screening. However, slats will need to be installed on the north fence above the concrete wall to provide additional screening. The property is already screened from the west and the new fence and gate on the east will provide screening from the public right-of-way. The subject property is required by code to have 44 parking stalls. The petitioner is providing 64 parking stalls, which exceeds the code requirement. The petitioner is requesting this special use permit to store construction supplies and equipment related to his business. However, all items stored outside or in the lean-to will need to be approved by the City Fire Marshall. Ms. Stromberg stated that the proposed lean-to structure will need to be located 5 feet from the property line. The 5 feet between the property line and the lean-to will need to be sprinkled and properly landscaped and maintained. Ms. Stromberg stated that the subject property complies with lot coverage requirements, when figuring the size of the principal building, existing outdoor cold storage sheds, and new lean-to structure. Forty percent lot coverage for the site is 52,694 square feet and the petitioner is at approximately 47,919 square feet, with the structures listed above. Ms. Stromberg stated that City Staff has not received any comments from neighboring property owners. City Staff recommends approval as limited outdoor storage is permitted under a special use permit in the M-1, Light Industrial zoning district. Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner to obtain all necessary building permits prior to construction to proposed lean-to structure. 2. Proposed lean-to shall be 5 ft. from the side yard property line and the 5 ft. area shall be landscaped, irrigated and properly maintained. 3. Lean-to structure to be completed and all outdoor storage items to be placed inside the structure by December 31, 2006 to avoid further legal action. 4. Lean-to structure shall be maintained as an accessory structure and shall not become part of the principal building. 5. Petitioner to provide City Staff with dimensions of the outdoor storage area in the northwest corner of the property, labeled as "E" on the site plan. 6. A landscape plan shall be submitted and approved by City Staff prior to issuance of a building permit for the lean-to structure. Engleman ivy to be installed 24" on center on the concrete wall of proposed lean-to. 7. A grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit for the lean-to structure. 8. Petitioner to provide storm water maintenance agreement for use of storm pond west of the subject property. 9. Gutters shall be required on the new lean-to structure to prevent run-off to neighboring properties. 10. Petitioner shall install curb and gutter around site perimeter and hard surface any remaining gravel areas with asphalt or concrete. 11. Gate width and style to be installed to access the rear yard on the south side of the property to meet Fire code requirements. Gate shall also be screened with slats installed in order to comply with code requirements by December 31, 2006. Gate shall remain closed, except when being used for access to the yard, to ensure proper screening. 12. Outdoor combustible storage shall meet Fire code requirements. 13. Water available for fire protection and distances shall comply with Fire code requirement. 14. Access to and through rear yard storage area shall meet Fire code requirements. A minimum of 18 ft. of clearance shall be provided for one-way traffic or 25 ft. clearance for two-way traffic. 15. No off-loading of materials shall take place in front of the principal building or southern entrance area. 16. No new structure shall be constructed in the "undefined" area on the west side of the property. 17. Existing semi-trailers on the site used for storage shall be removed prior to December 31, 2006. Semi-trucks and trailers shall not be permitted for storage purchases on the property. 18. No outdoor storage shall be permitted other than the storage of items used by the businesses located on site. 19. All storage shall be contained within the buildings, this structure as defined in this proposal, or the area identified as "E" in the attached site plan. 20. Fence along the south side of property to be repaired or replaced prior to construction of the lean-to structure. Commissioner Kondrick questioned stipulation #11, the gate width should be east not south, and also stipulation #15 should be eastern not southern. Ms. Stromberg answered that is correct. Commissioner Johns commented that stipulations numbers 12, 13 and 14 seemed like standard code requirements for properties and asked why they were listed as stipulations. Ms. Stromberg replied that the Fire Marshall asked for those items to be listed as stipulations. Commissioner Kondrick questioned if there was a concern with the combustibles that will be stored on site and if that is why the Fire Marshall is involved. Ms. Stromberg answered that she was unsure if the Fire Marshal was concerned about combustibles on the property, but he does want to know what items are being stored outside and where the combustibles are located. Commissioner Kondrick questioned if the petitioner had any problems with the stipulations. � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 To: William W. Burns, City Manager From: John Berg, Fire Chief Date: August 3, 2006 Re: Change Orders for Aerial Ladder Truck CHANGE ORDER A: During the pre-conference with Crimson Fire there were 156 construction items that needed to be changed from the City specifications in order to build the truck Most of these items were specific to the truck manufacturer's ability to meet the height requirement for the truck to fit into the existing fire station. The attached change order "PRECON" represents the changes that were made, both credits and debits. The items, in general, involved are: 1. Changes to the chassis cab to lower the height which included removing seats and compartments. 2. Changes in drive train, axle and brake system. 3. Deletion of the Ward No Smoke System. 4. Addition of foam piping to the tip of the ladder. 5. Addition of step system for firefighters to load five inch hose (safety item). 6. Changes in emergency lighting (NFPA). 7. Addition of a thermal camera system to the platform for the purpose of remotely directing elevated fire streams without putting firefighters in danger (safety item). This resulted in a credit to the City in the amount of $1,488.01. CHANGE ORDER B: Also during Construction of the Crimson Aerial Ladder Truck the NFPA required emergency lighting was changed in the pre-conference because the lighting specified in the City Specifications did not fit on the cab of the truck. In order to improve the emergency lighting to the front of the truck additional lighting was added to the front of the truck at a cost of $1,488.01. CHANGE ORDER C: The Fridley Fire Department requested a change in the type and manufacturer of the nozzles provided with the aerial ladder truck being constructed by Crimson Fire. The change comes with no associated price change in the contract. Mr. Heisterkamp, BDA Development Company, stated that they would like to propose two phases of construction. Starting construction now and completing construction by 12/31/06 would be nearly impossible. Commissioner Kondrick asked how much time would be needed to complete the construction. Mr. Heisterkamp stated that all construction could be realistically completed by October of 2007. All of the construction with the exception of the lean-to structure could be completed this year. If the lean-to structure project could be extended to October of 2007, they would create two phases of construction. Phase one would bring the existing property into compliance and phase two would be the construction of the lean-to structure. Commissioner Kondrick questioned if the petitioner agreed with the stipulations other than the time frame for completion. Mr. Anderson, BDA Development Company, answered that generally speaking they agree with the stipulations but had a different idea in mind on how to construct the lean-to structure. As far as the time frame goes, currently they are busy until Thanksgiving. October of 2007 is a realistic time frame to complete this work. Part of the issue is the funds needed to complete the project and the cost will need to be spread out to make the cash flow work. Another stipulation that is of concern is to sprinkle the lean-to structure. They were not expecting to sprinkle the lean-to structure and would like to talk with the Fire Marshall about the requirements regarding this issue. Commissioner Kondrick questioned what type of materials would be stored in this structure. Mr. Anderson replied that they operate a commercial business. They store adhesives, both water and solvent based, concrete and coatings in 5 gallon pails or large drums. A discussion with the Fire Marshall in the past resulted in a drawing that was made up as to where the flammable products are stored so if a fire were to happen, they would know where the flammable products are located. Commissioner Kuechle stated that Ms. Stromberg may need to clarify the definition of sprinkle. Ms. Stromberg stated that the sprinkling stipulation is regarding the grassy area behind the lean-to structure and that an irrigation system would need to be installed, not indoor sprinklers for the lean-to structure. Mr. Anderson stated that they would not have a problem installing an irrigation system. Commissioner Kondrick questioned the issue of loading and unloading of trucks. Mr. Anderson answered that the semi tractors can back into the site but it requires a lot of backing up. Usually they unload the trailers out in front of the store and the truck would be there for about an hour. They do not have a loading dock. In June a lot of materials arrive, the trucks can back up into the site but it is difficult. It is easiest to unload the trailers from the front of the store as they have three forklifts to bring the supplies to the back of the building. Commissioner Kondrick questioned how long trucks sit in front of the yard and if neighbors see the unloading process. If possible, the best solution would be to unload the trucks in the back of the building. Mr. Anderson replied that the truck drivers want to move efficiently and it takes approximately one hour to unload the trucks. Commissioner Johns questioned how long is takes the trucks to unload. Mr. Anderson answered that the warehouse is located on the end of the building and the storage sheds are in the back. It usually takes 20 to 30 minutes to unload the trailer and occasionally a truck may show up late and camp overnight to unload the next morning. Commissioner Kuechle asked if the supplies are brought right back after the trailer is unloaded. Mr. Anderson answered that the truck drivers usually want to hurry up and go. Sometimes they unload and stack the product, and then haul the product back to the sheds. Commissioner Kondrick questioned if there was any way to unload the semi trailers in the back of the property. Mr. Anderson stated that it could be done but the truck driver would need to back up all the way. (About 400 feet) Commissioner Johns questioned if there was a rear gate. Mr. Anderson replied no. Commissioner Kuechle asked if they unload from the service road. Mr. Anderson replied that they unload from the service road and front parking lot. Commissioner Kondrick stated that they cannot consider the service road as an unloading dock. Mr. Anderson stated that back in the Lampert days, they used to unload where the current VFW parking lot is located. When VFW bought the property, they wanted additional parking which limited the ability to unload trucks in the back. They have thought about cutting a slot in the wall but the VFW did not want heavy trucks driving on their pavement. Commissioner Johns questioned if neighbors have complained about the way trucks are currently unloaded. Ms. Stromberg replied that she is unaware of any complaints. Staff has driven by the property and has witnessed off loading and insulation sitting on the property for long periods of time. Mr. Anderson stated that they used to store material behind the fence but have installed slotting and brought the height of the product stored down so it is not visible from the highway. They are trying to minimize outside storage and usually if product is in front of the store, it is not there very long. Commissioner Kuechle questioned how many trucks are at the location at one time. Mr. Anderson replied that usually only one truck arrives at a time and on rare occasion there could be 2 to 4 trucks. Commissioner Johns questioned how many trucks arrive in one week. Mr. Anderson answered that usually they receive one truck a day in the busy season (June- September) and in the slower months, like winter, there may be one truck per week. Commissioner Kondrick asked what can be done to minimize or eliminate the off loading of supplies on the service road. How can this be stopped. Mr. Anderson answered that the service road is wide enough to unload and still allow enough room for cars to pass. It is also not an active road. Commissioner Johns stated that it doesn't matter if the road is wide enough, we still cannot allow the trucks to be unloaded on the service road. Mr. Anderson said that the truck could back into the gate with the front end of the truck in the parking lot. Some trucks are flat beds and they need to be unloaded from the side of the truck with a forklift. If the truck is backed into the site, it is hard to come in from the sides to unload the product. Commissioner Kondrick stated that an unloading procedure needs to be created so the trucks are not unloaded on the street. Mr. Anderson said that they will work something out and will just have to train their staff to adhere to this new unloading policy. Commissioner Kuechle asked where the trucks currently unload. Mr. Anderson replied that they unload in the front by the gate or on the service road. The land has a slope and the floors are not even. If the truck backed into the gate, a ramp would be in the area not making it safe to unload the truck. Commissioner Johns questioned if there was a way to reconfigure the parking stalls to gain space to offload the trucks. Mr. Anderson stated that they would back the truck into the gate and parking area and figure out a way to safely unload the trucks. Commissioner Kuechle asked if there was a way to unload the truck in front of the building. Mr. Anderson stated that the parking lot is usually full. There are 140 employees who come and go from the parking lot and the front of the store is a busy area. They will do their best to make backing the truck into the gate work. Commissioner Johns questioned the lean-to structure length and if it would be a problem to see behind the structure to maintain the area behind the structure. Possibly some breaks in the lean-to structure would be a good idea. Mr. Anderson stated that his proposed design has not been articulated yet. They are thinking of creating 8" thick concrete walls that are 8' tall. The lean-to would be 5' in from the property line, have a green roof and follow the elevation of the property. They would plant ivy's and irrigate the property. The water from the lean-to structure can run off into the green space. It won't be one long continuous unit, it would follow the elevation and look and function well. Storage space is needed and they will utilize as much as possible. Commissioner Kondrick stated that City Staff could work with the building design as this project moves along. The idea sounds great. Mr. Anderson said that this is one reason it would take longer to construct the lean-to structure. Commissioner Johns suggested that Mr. Anderson have all the details worked out before they present to City Council. She is okay with changing the date but a design should be worked out before the next meeting. Mr. Heisterkamp suggested that the lean-to project be extended to October 2007 and the other items could be completed before 12/31/06. Commissioner Oquist asked if they wanted a phase 1 and phase 2 clause in the stipulations. Commissioner Johns suggested changing the date to stipulation # 3 to October 2007. Commissioner Kondrick asked if Staff would have a problem extending the date on stipulation #3. Ms. Stromberg stated that it is entirely up to the Planning Commission to change the date if they thought it was necessary. Commissioner Johns stated that if the company is busy from June to September, October seems to be a logical time frame for completion. Ms. Stromberg stated that City Staff would suggest that outdoor storage currently on site be removed or put in existing storage sheds or another building until the lean-to structure can be constructed. Mr. Anderson stated that there are approximately 140 employees and once winter hits, all equipment comes back to this facility. In the past they used to store equipment in trailers but the trailers must be removed. They would like to keep the items on site this winter, a lot of organization will be done to utilize the space as best as possible. Once the lean-to structure is complete, they would comply with all requirements. Commissioner Johns asked if after the season is finished, the equipment would fit into the three pole barns. Mr. Anderson answered that they would need another building with a roof to store the materials on site. Commissioner Johns questioned if items were stored outside that the City did not want stored outside. Mr. Anderson answered that small items are stored outside. Yes, they take up a lot of space, but have no alternative at the moment. Commissioner Kuechle questioned if the items stored outside were visible from the street. Mr. Anderson answered that it is not visible from the street, only from a birds eye view. MOTION by Commissioner Saba, seconded by Commissioner Oquist, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:32 P.M. Commissioner Kondrick questioned what could be done to make everyone happy. He stated that he did understand what they wanted to do and with good faith, implement City Staff requirements along with their own ideas. Commissioner Johns suggested changing the date on stipulation # 3 to October of 2007. Commissioner Oquist asked if stipulation # 15 should be changed to read "no off-loading of materials shall take place on the service road." Commissioner Kuechle asked if stipulation # 17 date should remain as stated 12/31/06. Commissioner Oquist said that stipulation # 11 should be changed from south to east, and stipulation # 17 should read purposes, not purchases. MOTION by Commissioner Saba, seconded by Commissioner Oquist, to approve Special Use Permit, SP #06-04, by Brent Anderson, for BDA Development Co., to allow limited outdoor storage in an M-1, Light Industrial zoning district, generally located at 7600 State Highway 65 NE. with the following stipulations as corrected. (Corrections in bold italics) 1. Petitioner to obtain all necessary building permits prior to construction to proposed lean-to structure. 2. Proposed lean-to shall be 5 ft. from the side yard property line and the 5 ft. area shall be landscaped, irrigated and properly maintained. 3. Lean-to structure to be completed and all outdoor storage items to be placed inside the structure by October 1Sr, 2007 to avoid further legal action. 4. Lean-to structure shall be maintained as an accessory structure and shall not become part of the principal building. 5. Petitioner to provide City Staff with dimensions of the outdoor storage area in the northwest corner of the property, labeled as "E" on the site plan. 6. A landscape plan shall be submitted and approved by City Staff prior to issuance of a building permit for the lean-to structure. Engleman ivy to be installed 24" on center on the concrete wall of proposed lean-to. 7. A grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit for the lean-to structure. 8. Petitioner to provide storm water maintenance agreement for use of storm pond west of the subject property. 9. Gutters shall be required on the new lean-to structure to prevent run-off to neighboring properties. 10. Petitioner shall install curb and gutter around site perimeter and hard surface any remaining gravel areas with asphalt or concrete. 11. Gate width and style to be installed to access the rear yard on the east side of the property to meet Fire code requirements. Gate shall also be screened with slats installed in order to comply with code requirements by December 31, 2006. Gate shall remain closed, except when being used for access to the yard, to ensure proper screening. 12. Outdoor combustible storage shall meet Fire code requirements. 13. Water available for fire protection and distances shall comply with Fire code requirement. 14. Access to and through rear yard storage area shall meet Fire code requirements. A minimum of 18 ft. of clearance shall be provided for one-way traffic or 25 ft. clearance for two-way traffic. 15. No off-loading of materials shall take place in front of the principal building or eastern entrance area or service road. 16. No new structure shall be constructed in the "undefined" area on the west side of the property. 17. Existing semi-trailers on the site used for storage shall be removed prior to December 31, 2006. Semi-trucks and trailers shall not be permitted for storage purposes on the property. 18. No outdoor storage shall be permitted other than the storage of items used by the businesses located on site. 19. All storage shall be contained within the buildings, this structure as defined in this proposal, or the area identified as "E" in the attached site plan. 20. Fence along the south side of property to be repaired or replaced prior to construction of the lean-to structure. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. This item will be heard before the City Council on August 14, 2006 at 7:30 p.m. Mr. Anderson made a comment that other businesses loan and unload from the service road so if the City drives by and sees trucks unloading, it may not be his truck, but a neighboring property. Commissioner Kuechle questioned stipulation # 10 to install curb and gutter and if any thought was made to take another look at the requirement regarding pervious surfaces. Possibly there is a way for the water to run off to grassy areas etc. Ms. Stromberg stated legislation was recently passed to allow some exceptions to curbing and gutter however she doesn't know the specifics of the new code. She will update the commission at their next meeting. City staff will work with the property owner to find the best possible way to work the property. 2. Receive the minutes of the May 9, 2006, Environmental Quality and Enerqy Commission Meetinq. MOTION by Commissioner Johns, seconded by Commissioner Oquist, to receive the minutes as presented. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KONDRICK DECLARED THE MOTION CARRIED 3. Receive the minutes of the May 24, 2006, Appeals Commission Meetinq MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to receive the minutes as presented. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KONDRICK DECLARED THE MOTION CARRIED 4. Other Business Ms. Stromberg provided the following updates: • The second reading of the sign code will go before the City Council on July 24, 2006. • Staff has received an application for a foundation permit for the Islamic Central School expansion. • The next Planning Commission meeting will be on August 2na • The August 16th Planning Commission meeting has been cancelled. ADJOURNMENT MOTION by Commissioner Kuechle, seconded by Commissioner Saba, to adjourn. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, COMMISSIONER KONDRICK DECLARED THE MEETING ADJOURNED AT 8:45 p.m. Respectfully Submitted, Krista Monsrud Recording Secretary � � CffY OF FRIDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 August 8, 2006 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Vacation Request, SAV #06-01, Brenk Properties, LLC M-06-93 INTRODUCTION The petitioner, Pat Pastoors, of Brenk Properties LLC, is seeking to vacate two 5 ft. drainage and utility easements that run along the west and east property lines of Lots 2 and 3 of the Friendly Chevrolet Addition. The petitioner's existing business is located on Lot 2, at 7490 Central Avenue and he also owns Lot 3 directly north, at 7500 Central Avenue. The petitioner is proposing to vacate these drainage and utility easements to allow the expansion of his building. �t}��r •4,�•�� . ,. .„ . ,_ rf.:,#;r ,:; Lot 3 - 7500 � ��a��.,�.�rt , : �.. �; } �: �� ot 2 - 7490 r� }� ,{£; �; ; . _�.�.��y -�� {�� .�..._ t ,�. .r. i£r� Proposed easement to be vacated PLANNING COMMISSION RECOMMENDATION At the August 2, 2006, Planning Commission meeting, a public hearing was held for SAV #06-01. After a brief discussion, the Planning Commission recommended approval of SAV #06-01. THE MOTION CARRIED UNANIMOUSLY PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. RESOLUTION NO. RESOLUTION TO VACATE TWO 5-FOOT DRAINAGE AND UTILITY EASEMENTS THAT RUN ALONG THE WEST AND EAST PROPERTY LINES OF LOTS 2 AND 3 OF THE FRIENDLY CHEVROLET ADDITION, GENERALLY LOCATED AT 7490 CENTRAL AVENUE AND 7500 CENTRAL AVENUE. WHEREAS, this easement does not have any utilities located within the easement described; and WHEREAS, the City Pubiic Works Staff indicates that there is no longer a reason to keep this easement; and WHEREAS, a public hearing was held on this matter by the Planning Commission on August 2, 2006 and the City Council on August 14, 2006. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: The north 5.00 feet of Lot 2, Block 1, Friendly Chevrolet Addition, Anoka County, Minnesota EXCEPT the east 30.00 feet and the west 5 feet thereof. , �, The south 5.00 feet of Lof 3, Block 1, Friendly Chevrolet Addition, Anoka County, Minnesota EXCEPT the east 30.00 feet and the west 5.00 feet thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14�' DAY OF AUGUST, 2006. ATTEST: DEBRA A. SKOGEN - CITY CLERK 15 SCOTT LUND - MAYOR City of Fridiey Land Use Application SAV #06-01 August 2, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Brenk Properties LLC 7490 Central Avenue NE Fridley MN 55432 Requested Actions: Vacate a drainage and utility easement Existing Zoning: M-1, Light Industrial Location: 7490 & 7500 Central Avenue Size of Property: Entire Parcel when combined is 221,914 sq. ft (5 acres) Surrounding Land Use & Zoning: N: Industrial & M-1 E: Single Family & R-1 S: Manufactured Home Park & R-4 W: Friendly Chevrolet & C-3 Comprehensive Plan Conformance: Consistent with Plan. Property History: 1978 — Building constructed. 1997 — Lot is platted. Legal Description of Property: Lots 2 and 3, Block 1, Friendly Chevrolet Addition Public Utilities: Business is connected. Transportation: Central Avenue provides access to the property. Physical Characteristics: Lot consists of building, hard surface parking areas and landscaping. 16 SUMMARY OF REQUEST Pat Pastoors, of Brenk Properties LLC, is seeking to vacate a drainage and utility easement which runs east and west between lots 2 and 3, to allow the expansion of the building located at 7490 Central Avenue. SUMMARY OF ANALYSIS City Staff recommends approval of fhe easement vacation. CITY COUNCIL ACTION / 60 DAY DATE City Council — August 14, 2006 Existing Buiiding Staff Report Prepared by: Stacy Stromberg SAV #06-01 REQUEST _ The petitioner, Pat Pastoors, of Brenk Properties LLC, is seeking to vacate two 5 ft. drainage and utility easements that run along the west and east property lines of Lots 2 and 3 of the Friendly Chevrolet Addition. The petitioner's existing business is located on Lot 2, at 7490 Central Avenue and he also owns Lot 3 directly north, at 7500 Central Avenue. The petitioner is proposing to vacate these drainage and utility easements to allow the expansion of his building. 0 SBB'IY'2J"P I36.35 �� Lot 3 - 7500 --$ �� : �� ' h i x ,< . - �� ----. ; - - _I__: � :,. iF ,�y1i. y � .s i�� M h '�. .,P}�7117.n O -' Ci''`,.pZK?' O�..n � ---� , '� Lot 2 - 7490 � � � � � ;C'A€.E ` – ! " I i �s � ..-: � Proposed � easement to be o ; vacated h _ �: � I � � � � Q ' d � _? O Y, � � � � _� � .u: � . � _ _____ _ ._,_ - -- --- .. _. , FtQESr +E ^�; V- – — HISTORY AND ANALYSIS The subject parcels are located on the corner of Fireside Drive and Central Avenue. Both of the properties are zoned M-1, Light Industrial. The original 211 ft. by 144 ft. (30,384 square foot) building at 7490 Central Avenue was constructed in 1978. Brenk Brothers acquired the building in 1994. The parcel at 7500 Central Avenue remains vacant. In 1999, Friendly Chevrolet, which is located directly west of the subject properties, received City Council approval to plat their lot and the subject properties. This plat allowed the creation of 3 separate lots; an 8.87 acre lot for Friendly Chevrolet, a 3.32 acre lot for Brenk Brothers, and a vacant lot of 2.18 acres, which Brenk Brothers owns. At the time of the plat approval, Brenk Brothers created a separate lot for the vacant parcel to potentiaUy sell it off if they didn't need it to expand their building. When lots are platted in Fridley, it is common practice to obtain easements for the purposes of drainage and uti{ities. Therefore, when this plat was approved, a 5 ft. drainage and utility easement was dedicated on the side and rear lot lines and a 30 ft. easement was dedicated along the front !ot lines. 17 Since receiving plat approval, the petitioner has decided to expand his business by constructing a 29,962 square foot addition, which is essentially doubling the size of the existing structure. In order for the building to be expanded, the petitioner needs to combine lots 2 and 3 with Anoka County and seek the proposed vacation request. The petitioner has submitted the necessary paperwork to have Lots 2 and 3 combined with Anoka County and is seeking this request to vacate the 5 ft. easements. There are no utilities located within the two 5 ft. easement areas and when the property was platted a joint pond was constructed on the west side of the subject properties to help prevent any drainage concerns. The proposed expansion has been reviewed and approved by the City's engineering, planning and building staff and a building permit has been issued and construction has started. City staff hasn't heard any comments from neighboring property owners. Left Picture — Existing Building Right Picture — Start of construction of addition RECOMMENDATIONS City Staff recommends approval of this vacation request. : Change Orders for Aerial Ladder Truck August 3, 2006 Page 2 CHANGE ORDER D: During construction of the aerial ladder truck Crimson Fire determined that in order to maintain the height of the truck so that it would fit in the existing fire station they would need to eliminate a 5 inch water valve located below the aerial ladder turntable. This resulted in a credit to the City in the amount of $1,852.20. CHANGE ORDER E: During construction of the aerial ladder truck Crimson Fire determined that the compartment originally designed for fire e�tinguishers did not have enough height to accommodate the fire extinguishers because of the construction of the roll up doors. The best option and most efficient use of the storage space was to add a compartment in the wheel well to accommodate the fire e�tinguishers at a cost of $1,106.54. CHANGE ORDER F: There were several items of loose equipment not included in the bid price that are required for hose operations with this truck They include hose adapters and a tool sling in the amount of $127.00. The thermal imager that was supplied with the truck does not include heat sensors that are included in existing equipment. The upgrade to the imager would cost $2,000. The Fire Department is also requesting nozzles to be included in this change order (currently a line item budget) for the purpose of avoiding paying sales tax. All loose items included on the truck are not subject to sales tax. This amount is $6,593.00. The total amount being requested in this change order is a cost of $8,720.00. A table reflecting the actual cost of the Crimson Aerial Fire Truck is shown in Attachment A. The actual contract price for the fire truck was $766,775.00. The actual cost of the fire truck after the change orders listed above, the federal contribution, discounts and penalties was $745,188.34 for a cost savings of $21,586.66 to the City. Recommendation: Staff recommends the City Council approve Change Orders A— F for the aerial ladder truck in the amount of a debit totaling $7,974.34. Item Crimson Aerial Contract Price Discount for 50% down Precon. Change order "A" Change order "B" Change Order - Dealer Nozzles Change Order "C" Change Order "D" Penalty for 189 days late Change Order "E" Totals Actual Cost Savings to City Attachment A Actual Cost of Crimson Aerial Fire Truck City Contribution $316,775.00 -$10,661.00 -$1,488.01 $1,488.01 $0.00 -$1,852.20 $1,106.54 -$18,900.00 $8,720.00 $295,188.34 Federal Contribution $450,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $450,000.00 Totals $766,775.00 -$10,661.00 -$1,488.01 $1,488.01 $0.00 -$1,852.20 $1,106.54 -$18,900.00 $8,720.00 $745,188.34 $21,586.66 � � CffY OF FRIDLEI' TO FROM DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director August 14, 2006 2006 Street Improvement Project - Change Order #1 PW06-O55 Attached is change order No. 1 for the 2006 Neighborhood Street Improvement ProjectNo. ST. 2006-1. This change order combines several requests from Park Construction since the beginning of the project. The requests generally are due to underground conflicts which are not identifiable during the design process or are repairs to watermain breaks. Each request has been reviewed and approved by City staff. Request #1 Park Construction Company was required to do Extra Work to repair a watermain leak which occurred over the weekend on June l lt'', 2006. The city of Fridley furnished a Ford 6.Sx12.5 Single Band Repair Clamp to repair the leak. Due to the watermain leak the new 15" storm sewer was half full of sand so Park Construction rented a vac truck from Hydro Vac to clean out the sand. The sand remained stuck in the middle of the pipe and it was pressure jetted out by Infratech the following morning. Cost for this work is $2,233.33. Request #2 Park Construction Company was required to do Extra Work to repair a 15" PVC Storm Sewer Outlet Drain from the 67t'' Avenue cul-de-sac to Meadowland Pond on June 20t'' through June 21 st, 2006. This outlet was removed during the Pond Excavation because it was not identified on the plans. The City of Fridley furnished the materials for repair. Cost for this work is $708.01 Request #3 Park Construction was required to do Extra Work on July Sth, 2006 to relocate unmarked sanitary sewer service that was uncovered while excavating V2 B� in the Rice Creek Boulevard cul-de-sac. The 6" VCP Sanitary Sewer Service for House Number 254 was running through the proposed drainage structure and had to be relocated. Cost for this work is $3,168.79 Request #4 Park Construction Company was required to do Extra Work on July Sth, 2006 to repair a watermain leak in front of house number 240 Rice Creek Boulevard cul-de-sac. The pipe was cracked and corroded on the bottom and a 6 x 15 repair clamp was used to repair the leak. This leak was approximately 40' north of the relocated 6" DIP watermain that was installed on June 29t'', 2006. The cost for this work is $1,957.74. Request #5 Park Construction Company was required to do Extra Work to repair a 6" CIP Watermain that was inadvertently hit while excavating for Manhole 404 V2 B� and D2 Storm Structures in the Rice Creek Boulevard Cul-de-sac. The watermain was not shown on the plan, nor in the profiles. Park made temporary repairs to restore overnight water service. The cost for this work is $2,628.97. Request #6 Park Construction Company was required to do Extra Work to reroute 6" watermain north of the proposed location of Manhole 404 V2 B� D1 & D2 Storm Drainage Structure in Rice Creek Boulevard Cul-de-sac. Park Extended 1" copper water service for House Number 250 and had to silver solder the coupling. The cost for this work is $6,785.75. Request #7 Park Construction Company was required to do Extra Work to connect House Number 246 existing 1" copper water service to the new 6" DIP watermain installed in Rice Creek Boulevard cul-de-sac on June 29t'', 2006 by soldering the coupling joint. Park also cleaned debris in Manhole 404A from the June 28th, watermain break. The cost for this work is $2,057.14. Request #8 (credit) Park Construction Company will furnish and install the 84inch drainage structure 404A as requested. We have a bid item for a 96 inch structure and will install the additional structure for the same costs with a credit for the lower material cost. The credit for this work is $1,074.85 The deductions equal $1,074.85 and additions equal $ 19,539.73. The net cost for change order No. 1 is therefore $18,464.88 Recommend the City Council approve Change Order # 1 to Park Construction in the amount of $18,464.88. The revised contract amount is now increased to $3,139,358.73 JHH; jb Attachments CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Park Construction Company 6431 University Ave. NE Fridley, MN 55432 SUBJECT: Change Order No. 1— 2006 Street Improvement Project No. ST2006-1 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Locke Park Water Treatment Plant Improvements by adding the following work: Work Item Item Decription Additional No. Costs 1 Repair water main leak & clean sand from 15" storm sewer $ 2,233.33 2 Repair 15" PVC storm sewer drain from 67th cul-de-sac $ 708.01 3 Relocate sewer service for house #254 on Rice Creek Blvd $ 3,168.79 4 Repair watermain leak on Rice Creek Blvd in front of house #240 � 1,957.74 on July 5th 5 Repair watermain leak in Rice Creek Blvd cul-de-sac on June � 2 62$ 97 28th 6 Reroute watermain north of manhole and extend water service to $ 6,785.75 house #250 7 Restore watermain service to house #246 & cleaned debris from � 2,057.14 watermain break $ Install 84 inch structure instead of 96 inch structure (deduct) $(1,074.85) TOTAL $ 18,464.88 Submitted and approved by Jon H. Haukaas, Public Works Director, on the 14th day of August 14, 2006. Jon H. Haukaas, P.E. Director of Public Works Approved and accepted this day of , 2006_by Park Construction Company. Approved and accepted this day of , 2006 by CITY OF FRIDLEY Scott J. Lund, Mayor Wlliam W. Burns, City Manager � � CffY OF FRIDLEI' TO FROM DATE AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director August 14, 2006 PW06-056 SUBJECT: Resolution Approving Maintenance Agreement for University Ave. Fence Attached is a Resolution approving a standard maintenance agreement between MnDOT and the City of Fridley. It simply puts all responsibility for future maintenance of the fence due to collision, vandalism, wear, etc. on the City. No change in liability from standard state statutes is assigned under this agreement. Recommend the City Council approve the attached Resolution approving MnDOT Agreement No. 89928 with the City of Fridley for the maintenance of the new decorative fence along the west side of University Ave. (TH47) between 57th Avenue and 61st Avenue. JHH;jb Attachments RESOLUTION NO. 2006 - RESOLUTION APPROVING NINDOT AGREEMENT N0.89989 FOR THE MAINTENANCE OF THE UNIVERSITY AVENUE DECORATIVE FENCE. Whereas, the City of Fridley HRA is funding a project to replace a portion of the University Avenue fence on the west side between 57tn Avenue NE and 61St Avenue NE, and WHEREAS, MnDOT's approval of this replacement requires a Maintenance Agreement placing responsibility for future maintenance of the fence due to collision, vandalism, wear, etc. on the City. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, enter into MnDOT Agreement No. 89989 to provide for maintenance of the fence by the City as defined on said agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF AUGUST, 2006. SCOTT J. LUND - MAYOR ATTEST: I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on , 2006. DEBRA A. SKOGEN - CITY CLERK PREPARED BY STATE OF MINNESOTA METRO DISTRICT DEPARTMENT OF TRANSPORTATION MAINTENANCE ROUTINE MAINTENANCE AGREEMENT AGREEMENT BETWEEN Mn/DOT AGREEMENT NO. 89928 THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF FRIDLEY FOR Maintenance of fence on Trunk Highway 47 within the corporate limits of the City of Fridley upon the terms and conditions set forth in this Agreement. THIS AGREEMENT, is by and between the State of Minnesota through its Commissioner of Transportation, hereinafter referred to as "State", and the City of Fridley, acting through its City Council, hereinafter referred to as "City". Mn/DOT Agreement No. 89989 WHEREAS, the City desires to replace existing fence on State property near Trunk Highway 47 between 57th Avenue and 61 St Avenue within the City limits or Fridley; and WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; and WHEREAS, pursuant to Minnesota Statutes Section 161.38, the parties desire to enter into an agreement relating to the maintenance of fence within the corporate limits of City upon the terms and conditions set forth in this Agreement; and WHEREAS, it is in the interest of both parties to work cooperatively in delivering these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: GENERAL PROVISIONS A. Upon construction completion at the proposed location, as shown in Exhibit A, the City will provide for all maintenance of the fence and all facilities a part thereof. B. City will be responsible for any and all repairs to fence resulting from vehicle/fence collisions, vandalism, graffiti, deliberate breakage of fence components or fixtures and any other acts that would cause damage to the fence. C. City will be fully responsible for removing, moving, and/or reinstalling a fence should the location of the fence be modified by expansion of Trunk Highway 47. D. City will furnish all labor, equipment, materials, supplies, tools, and other items necessary to maintain the fence under this agreement E. State retains its right to regulate activities that occur on State property II. CONSIDERATION AND TERMS OF PAYMENT The City agrees to maintain the fence in consideration of the State permitting City to install a fence that deviates from the standard fence used on State projects. III. TERM OF AGREEMENT This Agreement will be in effect until superseded by another agreement between State and City or until such time that the fence is removed. IV. AUTHORIZED REPRESENTATIVE A. State's Authorized Representative for the purposes of the administration of this Agreement is Beverly Farraher, Assistant District Engineer - Maintenance, Minnesota Department of Transportation Metro District, 1500 West County Road B2, Roseville, Minnesota 55113, (651) 582-1058, or her successor. B. The City's Authorized Representative for the purposes of the administration of this Agreement is John Haukaas, Public Works Director/City Engineer, City of Fridley, 6431 University Avenue N.E., Fridley, Minnesota 55432, (763) 572-3550, or his successor. Mn/DOT Agreement No. 89989 C. State's Authorized Representative will have final authority for acceptance of maintenance services performed by City under this Agreement. V. ASSIGNMENT A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by any party with additional parties for the performance of any work to be done under this Agreement will be made in accordance with the terms of this Agreement and comply with State of Minnesota law. C. This Agreement will not be construed as a relinquishment by State of any powers or control it may have over the trunk highway covered under this Agreement. VI. MERGER/AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement must be in writing, and must be executed by the same parties who executed the original Agreement, or their successors in office. VII. LIABILITY A. The employees and agents of the City will not be deemed to be employees of the State for any reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for the acts of any others and the results thereof. C. Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and liability of City will be governed by Minnesota Statutes Chapter 466. This clause will not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. D. Each party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. VIII. WORKERS COMPENSATION Each party will be solely responsible for its own employees for any workers compensation claims. IX. CIVIL RIGHTS The City must comply with the provisions of Minnesota Statutes Section 181.59, and any applicable local ordinance relating to civil rights and discrimination. Mn/DOT Agreement No. 89989 X. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, will be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years following the expiration of this Agreement. XI. DATA PRACTICES The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement. XII. AGREEMENT APPROVAL Before this Agreement will become binding and effective, it must be approved by a City Council resolution, and be executed by State and City officers as provided by law. [the remainder of this page has been intentionally left blank] Mn/DOT Agreement No. 89989 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: DEPARTMENT OF TRANSPORTATION Recommended for approval: By Assistant District Engineer — Metro District Maintenance Date Approved COMMISSIONER OF TRANSPORTATION By Metro District Authorized Signature Date COMMISSIONER OF ADMINISTRATION By Authorized Signature Date Mn/DOT Agreement No. 89989 CITY OF FRIDLEY, MINNESOTA Recommended for Approval: William W. Burns, City Manager Scott J. Lund, Mayor Date: CITY OF FRIDLEY RESOLUTION IT IS RESOLVED that the City of Fridley enter into Mn/DOT Agreement No. 89989 the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance of fence by the City on State trunk highway between 57th Avenue and 61 St Avenue as defined in said Agreement. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement. CERTIFICATION State of Minnesota City of Richfield I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Minneapolis at an authorized meeting held on the day of , 2006, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2006 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) Q � m 2 X W Date: 8/9/06 To: CEAM, MCEA, DSAE, DSAA From: Jim Koivisto, PE State Aid Subject: MnDOT Standard Specifications for Construction, 2005 Edition This is a follow-up to my note to you in February regarding implementation of the new MnDOT Standard Specifications for Construction, 2005 Edition. That note was a precautionary reminder that MnDOT did not plan to begin using the spec book and supplemental special provisions until July 1, 2006 with full implementation expected on Nov 1, 2006. It has come to my attention that some projects have been let using the new spec book without checking for supplemental updates. ManX supplemental upda.tes have been made. Some of them aze total replacement for some of the 2005 specifications and some aze modifications. In any case, be awaze'that a significant number of changes to the "new" MnDOT Standard Specifications for Construction, 2005 Edition, have been made. To make sure the most up to date specification(s) aze used you shouid: l. Refer to MnDOT Standaxd Specifications for Construction, 2005 Edition. 2. Make sure any modifications to these specs are included in your contract by checking the MnDOT Special Provisions web site and including them in your contract. Any modifications can be found at http://www. dot.state.mn.us/tecsup/prov/index.html. 3. This site has two parts which will help. The first, Boiler Plate SP2005 Book List is a summary (ta.ble of contents) of a11 the specifications in the 2005 spec book which have modifications. The second, Boiler Plate SP2005 Book includes the details of all the modifications. You should select the ones you need to include in your contract. Elizabeth Buckley, MnDOT Special Provisions Engineer, is an excellent sotu�ce for the . most current specifications. She can be reached at 651-296-3807 or elizabeth.bucklevC�a,dot. state.mn, us. 35 f � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF August 14, 2006 TO: WILLIAM W. BURNS, CITY MANAGER �� 1� FROM: DATE: RICHARD D. PRIBYL, FINANCE DIRECTOR DEBORAH K. DAHL, DIRECTOR OF HUMAN RESOURCES� AUGUST 10, 2006 RE: A RESOLUTION AUTHORIZING THE EXECUTION OF THE TRUST AGREEMENT FOR THE CITY OF FRIDLEY DEFERRED COMPENSATION PLAN WITH WELLS FARGO BANK, N.A. AS TRUSTEE The next step in the conversion of the City of Fridley Defened Compensation Plan is to approve the new Trust Agreement with Wells Fazgo, N.A. We have had both, the City Attorney and the firm of Hitesman & Associates, review the documents on behalf of the City of Fridley to provide comments for modification to insure that the trust document provides for the proper elements for our Deferred Compensation Plan. Staff recommends the approval of the attached resolution approving the Trust Agreement with Wells Fargo Bank N.A. RDP/me Attachment � RESOLUTION NO. 2006 A RESOLUTION AUTHORIZING THE EXECUTION OF THE TRUST AGREEMENT FOR THE CITY OF FRIDLEY DEFERRED COMPENSATION PLAN WITH WELLS FARGO BANK, N.A. AS TRUSTEE WHEREAS, on May 8, 2006, Resolution No. 2006-26 terminated ICMA's services in conjunction with the City's Deferred Compensation Plan (the Plan); and WHEREAS, the resolution also authorized Wells Fargo Bank, N.A., to serve as the Trustee of the Plan; and WHEREAS the replacement of ICMA with Wells Fargo, N.A. required an amendment and restatement of the Plan document and trust agreement; and WHEREAS, Wells Fargo Bank, N.A. has provided the necessary Plan documents to the City. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley authorizes the City Manager to execute the Trust Agreement with Wells Fargo Bank, N.A., as shown in Exhibit A. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF AUGUST 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk EXHIBIT A TRUST AGREEMENT AND TRUST FUNDS 1.01 Trust Fund. All amounts of Deferred Compensation, all properiy and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held and invested in the Trust Fund in accordance with this Article 1. The Trustee shall ensure that all investments, amounts, property, and rights held under the Trust Fund are held for the exclusive benefit of Participants and their Beneficiaries. The Trust Fund shall be held in trust pursuant to the Trust Agreement for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. It shall be impossible, prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, for any part of the assets and income of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their Beneficiaries. 1.02 Trustee and Trust Agreement. Effective as of the date of this amendment and restatement, Wells Fargo Bank, N.A. ("Trustee") is hereby appointed as Trustee of the Trust Fund created under the Plan. By signing this document the Employer and the Trustee agree to be bound by the language of this Article 1, which constitutes the Trust Agreement. 1.03 Government Employer Plan. The Plan is sponsored by an eligible government employer in accordance with Code Section 451(e)(1)(A), and the Employer therefore maintains this Trust Fund under Code Section 451(g) and applicable Treasury regulations. 1.04 Trustee Acceptance. The Trustee accepts the Trust Fund created under the Plan and agrees to perform the duties and obligations imposed. The Trustee must hold in trust under this Article 1 all Deferred Compensation until paid in accordance with the Plan terms. 1.05 Receipt of Contributions. The Trustee is accountable to the Employer for the funds contributed to it by the Employer or the Participating Employer, but the Trustee does not have any duty to see that the contributions received comply with the provisions of the Plan. 1.06 Nondiscretionary Trustee. Effective as of the date of this amendment and restatement, the Employer has chosen to appoint Wells Fargo Bank, N.A. as a nondiscretionary Trustee. The nondiscretionary Trustee does not have any discretion or authority with regard to the investments held in the Trust Fund, including incidents of ownership, but must act solely as a directed Trustee hereunder. The nondiscretionary Trustee is authorized and empowered to exercise and perform the Section 1.01 powers, rights and duties provided that the Trustee shall act solely as a directed Trustee and only in accordance with the written direction of the Employer, the Administrator, or a Participant, as applicable. The nondiscretionary Trustee is not liable for making, retaining or disposing of any investment or for taking or failing to take any other action, in accordance with proper Employer, Administrator, or Participant direction. 1.07 Full Investment Powers of the Trust Fund. The Trustee acting under appropriate direction may carry out the following powers, rights and duties under the direction of the Employer, the Administrator, or a Participant, as applicable: (a) To invest any part or all of the Trust Fund in any common or preferred stocks, open-end or closed-end mutual funds, including mutual funds for which the Trustee or its affiliates provide investment or other services and receive compensation therefore, put and call options traded on a national exchange, United States retirement plan bonds, corporate bonds, debentures, convertible debentures, commercial paper, U. S. Treasury bills, U. S. Treasury notes and other direct or indirect obligations of the United States Government or its agencies, limited partnerships, insurance contracts of any type, mortgages, notes or other properiy of any kind, real or personal, and to buy or sell options on common stock on a nationally recognized options exchange with or without holding the underlying common stock, as a prudent person would do under like circumstances. Any investment made or retained by the Trustee in good faith will be proper but must be of a kind constituting a diversification considered by law suitable for trust investments; (b) To retain in cash so much of the Trust Fund as it may deem advisable to satisfy liquidity needs of the Plan and to deposit any cash held in the Trust Fund in a bank account at reasonable interest; (c) To invest in any collective investment fund, including common and group trust funds that consist exclusively of assets of exempt pension and profit sharing trusts and individual retirement accounts qualified and tax exempt under the Internal Revenue Code of 1986 and that are maintained by a bank or trust company supervised by a state or federal agency. Such bank or trust company may be the Trustee or investment manager or may otherwise be a party in interest of the Plan. The assets so invested shall be subject to all the provisions of the instruments establishing and governing such funds. Those instruments of group trusts, including any subsequent amendments, are hereby incorporated and made a part of this Trust Agreement. The combining of money and other assets of the Trust Fund with money and other assets of other qualified trusts in such fund or funds is specifically authorized; (d) To sell, exchange, assign, transfer, and convey any security or property held in the Trust Fund, at public or private sale, at such time and price and upon such terms and conditions (including credit) as directed; (e) To credit and distribute the Trust Fund as directed by the Administrator of the Plan. The Trustee will not be obliged to inquire as to whether any payee or distributee is entitled to any payment or whether the distribution is proper or within the terms of the Plan, or as to the manner of making any payment or distribution. The Trustee will be accountable only to the Administrator for any payment or distribution made by it in good faith on the order or direction of the Administrator; (fl To borrow money, to assume indebtedness, extend mortgages and encumber by mortgage or pledge; (g) To compromise, contest, arbitrate or abandon claims and demands, as directed; (h) To have with respect to the Trust Fund all of the rights of an individual owner, including the power to exercise any and all voting rights associated with Trust Fund assets, to give proxies, to participate in any voting trusts, mergers, consolidations or liquidations, to tender shares and to exercise or sell stock subscriptions or conversion rights, as directed; (i) To hold any securities or other property in the name of the Trustee or its nominee, with depositories or agent depositories or in another form as it may deem best, with or without disclosing the trust relationship; (j) To perform any and all other acts in its judgment necessary or appropriate for the proper and advantageous investment and distribution of the Trust Fund; (k) To hold a portion of the Trust Fund for the ordinary administration, for disbursement of funds in cash, or to retain any funds subject to any dispute without liability for the payment of interest for such period of time as necessary (or to decline to make payment or delivery of the funds until a court of competent jurisdiction makes a final adjudication), notwithstanding that Trustee or an affiliate of Trustee may benefit directly or indirectly from such univested amounts. It is acknowledged that Trustee's handling of such amounts is consistent with usual and customary banking and fiduciary practices, and any earnings realized by Trustee or its affiliates will be compensation for its bank services in addition to its regular fees; (1) To make provision for the reporting and withholding of federal, state and local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the direction of the Administrator and shall pay such amounts withheld to the appropriate taxing authoritie s. (m) To furnish to the Employer, the Participating Employer, and the Administrator an annual statement of account showing the condition of the Trust Fund and all investments, receipts, disbursements and other transactions effected by the Trustee during the Plan Year covered by the statement and also stating the assets of the Trust Fund held at the end of the Plan Year, which accounts will be conclusive on all persons, including the Employer, the Participating Employer, and the Administrator, except as to any act or transaction concerning which the Employer, the Participating Employer, or the Administrator files with the Trustee written exceptions or objections within ninety (90) days after the receipt of the accounts; and (n) To begin, maintain or defend any litigation necessary in connection with the administration of the Trust Fund, except that the Trustee will not be obliged or required to do so unless indemnified to its satisfaction and is indemnified against Trustee's costs, expenses and liabilities (including without limitation, attorney's fees and expenses) relating thereto and to be primarily liable for such payments. If Employer does not pay such costs, expenses and liabilities in a reasonably timely manner, Trustee may obtain payment from the Trust Fund. 1.08 Investment Manager. Unless the Administrator has delegated its authority to an investment manager or company acting as an investment manager, the Administrator shall act as the investment manager. 1.09 Records and Statements. The records of the Trustee pertaining to the Trust Fund will be open to the inspection of the Administrator, the Employer, and the Participating Employer at all reasonable times and may be audited from time to time by any person or persons as the Employer, the Participating Employer, or Administrator may specify in writing. The Trustee will furnish the Administrator whatever information relating to the Trust Fund the Administrator considers necessary. 1.10 Fees and Expenses Paid From the Trust Fund. The Trustee will receive reasonable annual compensation in accordance with its fee schedule as published from time to time. Reasonable compensation includes float received from the use of uninvested funds by the Trustee or its affiliates which accrues on payments made from the Trust Fund (such as distributions and expense payments) and on contributions or other funds received too late in the day to be invested same-day for the Trust Fund Fund. Float on distribution payments begins to accrue as of the check date, when funds are transferred to a separate check clearing account, and ends on the date the check clears against this separate account or is returned to the Trust Fund, if applicable. Periodic payments, such as pension checks, are generally mailed five business days before the actual date on the check In these instances, funds are not transferred to the separate check clearing account, and consequently float does not begin to accrue, until the check date (i.e., five days from the mail date). Nonperiodic payments are generally mailed on check date. Earnings on the float depend on the specific investment, the current rate, which is generally the Fed Funds rate or a money market rate, and the period of time during which the funds are available. The Trustee will pay from the Trust Fund all fees and expenses the Trustee reasonably incurs in its administration of the Trust Fund, unless the Employer pays the fees and expenses. 1.11 Professional Agents. The Trustee may employ and pay from the Trust Fund reasonable compensation to agents, attorneys, accountants and other persons to advise the Trustee as in its opinion may be necessary. The Trustee may delegate to any agent, attorney, accountant or other person selected by it any non-Trustee power or duty vested in it by the Trust Fund, and the Trustee may act or refrain from acting on the advice or opinion of any agent, attorney, accountant or other person so selected. 1.12 Distribution of Cash or Property. The Trustee may make distribution under the Plan in cash or property, or partly in each, at its fair market value as determined by the Trustee. 1.13 Resignation and Removal. The Trustee may resign its position by giving written notice to the Employer and to the Administrator. The Trustee's notice must specify the effective date of the Trustee's resignation, which date must be at least thirty (30) days following the date of the Trustee's notice, unless the Employer consents in writing to shorter notice. The Employer may remove the Trustee by giving written notice to the Trustee. The Employer's notice must specify the effective date of removal which date must be at least thirty (30) days following the date of the Employer's notice, except where the Employer reasonably determines a shorter notice period or immediate removal is necessary to protect Plan assets. 1.14 Successor Trustee. (a) Appointment. In the event of the resignation or the removal of the Trustee, the Employer must appoint a successor Trustee if it intends to continue the Plan. If two or more persons hold the position of Trustee, in the event of the removal of one such person, during any period the selection of a replacement is pending, or during any period such person is unable to serve for any reason, the remaining person or persons will act as the Trustee. If the Employer fails to appoint a successor Trustee as of the effective date of the Trustee resignation or removal and no other Trustee remains, the Trustee will treat the Employer as having appointed itself as Trustee and as having filed the Employer's acceptance of appointment as successor Trustee with the former Trustee. (b) Automatic Successor. Any corporation which succeeds to the trust business of the Trustee, or results from any merger or consolidation to which the Trustee is a party, or is the transferee of substantially all the Trustee's assets, will be the successor to the Trustee under this Trust Fund. The successor Trustee will possess all rights, duties and powers under this Trust Fund as if the successor Trustee were the original Trustee. Neither the Trustee nor the successor Trustee need provide notice to any interested person of any transaction resulting in a successor Trustee. The successor Trustee need not file or execute any additional instrument or perform any additional act to become successor Trustee. 1.15 Valuation of Trust Fund. The Trustee will value the Trust Fund as of each day that the Trustee and the New York Stock Exchange are open for business to determine the fair market value of the Trust Fund assets. 1.16 Participant Direction of Investment. Consistent with Section 3.09, of the Plan, Participants in the Plan shall direct the investment of their Accounts in the Trust Fund. The Administrator will advise the Trustee of the portion of the Trust Fund credited to each Participant's Account under the Plan, and subject to such Participant direction. Notwithstanding the provisions of Section 3.09, of the Plan, the Trustee may impose such conditions, limitations and other provisions as the Trustee may deem appropriate and as are consistent with its ability to administer Participants' directions. The Trustee will report to the Administrator the net income, gain or losses incurred by each Participant directed Account separately from the net income, gain or losses incurred by the general Trust Fund during the Trust Fund Year. 1.17 Third Party Reliance. No person dealing with the Trustee will be obliged to see to the proper application of any money paid or property delivered to the Trustee, or to inquire whether the Trustee has acted pursuant to any of the terms of the Trust Fund. Each person dealing with the Trustee may act upon any notice, request or representation in writing by the Trustee, or by the Trustee's duly authorized agent, and will not be liable to any person whomsoever in so doing. The certificate of the Trustee that it is acting in accordance with the Trust Fund will be conclusive in favor of any person relying on the certificate. 1.18 Invalidity of any Trust Fund Provision. If any clause or provision of this Article 1 proves to be or is adjudged to be invalid or void for any reason, such void or invalid clause or provision will not affect any of the other provisions of this Article 1 and the balance of the Trust Fund provisions will remain operative. 1.19 Exclusive Bene�t. The Trustee will hold all the assets of the Trust Fund for the exclusive benefit of the Participants and their Beneficiaries and neither the Employer nor the Trustee will use or divert any part of the corpus or income of the Trust Fund for purposes other than the exclusive benefit of the Participants and Beneficiaries of the Plan. The Employer will not have any right to the assets held by the Trustee and the Trust Fund assets will not be subject to the claims of the Employer's creditors or, except as provided in Sections 8.02, and 8.03, of the Plan, of the creditors of any Participant or Beneficiary. The Trust Fund created under the Employer's Plan is irrevocable and its assets will not inure to the benefit of the Employer. 1.20 Group Trust Authority. Notwithstanding any contrary provision in this Plan, the Trustee may, unless restricted in writing by the Administrator, transfer assets of the Plan to a group trust that is operated or maintained exclusively for the commingling and collective investment of monies provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under Code Section 401(a), individual retirement accounts that are exempt under Code Section 408(e), and eligible governmental plans that meets the requirements of Code Section 451(b). For this purpose, a trust includes a custodial account that is treated as a trust under Code Section 401(fl or under Code Section 451(g)(3). For purposes of valuation, the value of the interest maintained by the Plan in such group trust shall be the fair market value of the portion of the group trust held for Plan, determined in accordance with generally recognized valuation procedures. 1.21 Indemni�cation. Trustee shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; provided, however, that Trustee shall incur no liability to any person for any action taken pursuant to a direction, request or approval given by Employer, Administrator, or Participant which is contemplated by and consistent with the terms of this Trust Agreement, and Employer shall indemnify and hold harmless the Trustee, its officers, employees, and agents from and against all liabilities, losses, and claims (including reasonable attorney's fees and costs of defense) for actions taken or omitted by Trustee in accordance with the terms of this Trust Agreement. In the event of a dispute between the Employer and a party, Trustee may apply to a court of competent jurisdiction to resolve the dispute. � AGENDA ITEM COUNCIL MEETING OF AUGUST 14, 2006 CffY OF FRIDLEI' CLAIMS 127622 - 127933 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 LICENSES Type of License � FOOD ESTABL/SHMENT LosGirasoles Beatriz Xochipiltecall 7891 E River Rd. Fridley, MN 55432 PEDDLER / SOL/C/TOR Charles Howard 14800 Kral Road Minnetonka, MN 55348 (The Window Store) Approved By: Public Safety Director Fire Inspector Community Development Public Safety Director Planning Assistant � AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 �°F LICENSES FRIDLEI' Contractor T e A licant A roved B Amtech Li htin Services Si n Erector Matt McGinn Ron Julkowski, CBO Archetype Signmakers, Inc Sign Erector Jennifer Kruse Ron Julkowski, CBO Bona Brothers Contracting Si n Erector Brian Bona Ron Julkowski, CBO Capra's Utilities Inc Excavatin Mike Ca ra Ron Julkowski, CBO Changing Climates Inc Heating Jay Holden Ron Julkowski, CBO Condor Fireplace & Stone Heating Ardeen Brevar Ron Julkowski, CBO Cronstroms Heatin Connie Schwieters Ron Julkowski, CBO Construcrion Analysis & Mgmt, Inc Commercial/S ecialt Dean Sand Ron Julkowski, CBO D R Martineau Construcrion, Inc Roofing Melissa Martineau Ron Julkowski, CBO General Sheet Metal Company Heating Bruce Lorentson Ron Julkowski, CBO Genesis Hearing & Air Cond Inc Heating Mike Lutz Ron Julkowski, CBO Kraus-Anderson Construcrion Co Commercial/S ecialt Jerold Dreis Ron Julkowski, CBO Larson Plumbing Heating Patrick Kelly Ron Julkowski, CBO M& D Plumbing & Heating Inc Heating/Gas Mike Daleiden Ron Julkowski, CBO Metro Sheet Metal, Inc Heatin Michael Dobihal Ron Julkowski, CBO O'Neill Engineered Systems Inc Commercial/S ecialt Chris De ies Ron Julkowski, CBO Pipeworks Inc Gas Phil Sheppard Ron Julkowski, CBO Roof Tech, Inc Roofing Bob Poutre Ron Julkowski, CBO Sharp & Associates LLC Commercial/S ecialt Dennis Sha Ron Julkowski, CBO St Marie Sheet Metal Inc Heatin /Gas Jennifer N u en Ron Julkowski, CBO � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 ESTIMATES - REVISED Maertens-Brenny Construction Company 8251 Main Street N.E. Fridley, MN 55432 Locke Park Water Treatment Plant Improvements FINAL ESTIMATE ............................................. Allied Blacktop 10503 — 89th Avenue North Maple Grove, MN 55369 .. $ 4,260.00 2006 Street Sealcoat Program 2006-2 Estimate No. 1 ....................................................................................... $178,858.00 Concrete Idea 13961 — 44th Lane N.E. St. Michael, MN 55376 Miscellaneous Concrete ProjectNo. 365 Estimate No. 4 ...................................... Park Construction, Inc. 500 - 73rd Avenue N.E., Suite 123 Fridley, MN 55432 2006 Street Improvement Project No. ST. 2006 - 1 EstimateNo. 3 ........................................................ .... $ 3,535.99 $466,856.23 � � CffY OF FRIDLEI' Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 August 7, 2006 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Continuation of Public Hearing to Consider Revocation of Special Use Permit #03-14 for Central Auto Parts, generally located at 1201-73 '/2 Avenue NE Background On July 10, 2006, after two requests from the business owner's legal counsel for delay, the Fridley City Council held a public hearing regarding Central Auto Parts' special use permit. The hearing was originally scheduled for June 12, 2006. During the public hearing, the business owner conveyed that they could not see how they could develop a site plan to handle their drainage issues until surrounding properties developed a means to handle their own storm water runoff, which was impacting the Central Auto Parts site. The City Council chose to give the business owner another month to produce a site plan and continued the public hearing until the August 14 City Council meeting. Since the public hearing, staff has sent notice to and met with the owner of Gustavson Grinding (7410 Central Ave.), the business northeast of Central Auto Parts. They have agreed to reconstruct a weir to match what was required by the Rice Creek Watershed District in 1979 for management of their storm water runoff on site upon expansion of their building. They are anticipating completing the corrections within the next few months. John Buzick, the property owner who leases the property at 1201-73 '/2 Avenue to Jerry Haluptzok, also expressed at the public hearing that he never agreed to the stipulations on SP#03-14, and therefore should not be held to those stipulations. Staff has reviewed the video tapes from the 2003 public hearing. No where in that hearing or resolution adoption, which occurred over three different council meetings, does Mr. Buzick appear to object to the stipulations. It is shown in the records that he was sent notice of the hearing. Furthermore, staff reported during the adoption of the resolution that the business and properry owner had agreed to the stipulations. Mr. Buzick had participated in meetings with staff and the business owner that led to the agreed upon stipulations. As during the 2003 SUP revocation hearing process, the business owner has made an effort to clean up the appearance of the site and comply with only those stipulations which impose little expense to the business. He has done the same during this SUP review process. However, the larger problems of paving, fencing, and landscaping need to be addressed. Mr. Haluptzok has contacted staff, indicating that he is moving forward with a site plan. However, to date, staff has not seen a draft site plan that would address the paving and storm water control requirements of the SUP. Of course, upon submission of such site plan, staff would need time to review it and it would likely take a few months to get RCWD Board approval. Following is an update on the status of each stipulation since staff's visit to the site on April 11, 2006: 1. Prepare survey and finished site plan, including hard-surface parking/storage area with curb No and �utter. landscabe blans. �radin� and draina�e blans (due March 20041 2. Obtain City and Watershed approvals of design; install landscaping, irrigation, and fence No repairs (due March 2005) 3. Complete first phase of grading, storm sewer piping, and storm water detention pond (due No March 2006) 4. Com lete first hase of installation of curb/ utters and avin (due March 2007) No 5. Complete final phase of curb/gutters and paving (due March 2008) No 6. Building shall be metal with brick veneer Yes 7. No cars iled hi her than the fence No 8. No ino erable cars shall be arked or stored outside the fence Yes 9. Driveways or limited access shall be authorized on 73 '/2 Avenue. The three access points th Yes currently exist are permitted. No additional access to 73rd shall be permitted. 10. Solid screening fence shall be placed completely around properiy and fence shall be improv No by being painted or constructed of an acceptable color-fast material and shall be uniform in size 11. Additional landscaping shall be placed along the screening fence on 73 '/2 Avenue. An over Repaired site/landscape plan shall be submitted by the property owner and approved by staff in accordan irrigation & with the requirements in # 1 above. replaced some dead trees, but no new landscape plan 12. Concrete driveways shall e�tend a minimum of 10' beyond the screening fence into propert No from the street Recommendation According to the language in Section 205.OS.S.G of the Zoning Code, staff finds that Central Auto Parts failure to meet the stipulations of their special use permit requires the City to revoke the permit following a public hearing. Unless substantial progress can be demonstrated by the business owner at the August 14 City Council meeting, staff finds that the 30 plus years of chronic code violations at this property compel the City Council to take revocation action. A resolution has been prepared to enable this action. 1/ 1• • � � CffY OF FRIDLE`f AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 � Date: August 7, 2006 � � To: William Burns, City Manager �� From: Subject: Scott Hickok, Community Development Director Julie 3ones, Planning Coordinator Public Hearing to Consider Revocation of Special Use Permit #89-08 for Sam's Auto World, generally located at 7570 Highway 65 NE {ntroduction Staff finds that the sale of vehicles at Sam's Auto World is a violation of their special use permit, and, therefore, recommends that the City Council revoke SP# 89-08. Background Over the past year, staff has been responding to code violation complaints on the property located at 7570 Highway 65, the location of an auto body shop called Sam's Auto World. The City Council reassigned a 1989 special use permit (SIJP) for auto body repair in an M-1 zoning district to the owner of this business, a partnership which included Samir Awaijane, in 1991. There were 14 stipulations on the SUP, which are listed in the atta.ched letter. You'll note, one of the stipulations stated that the business owner shall operate the garage in a law-abiding manner. As you can see from the attached code violation printout, staff has had to deal with numerous problems over the yeaxs. The one that is of most concern, however, is the sale of vehicles from this site. The owner is well aware that car sales are not permitted at his business. In 1994, he was notified by City staff that car sales were not permitted in an M-1 zoning district. In 1999, he applied for rezoning, but later withdrew the application. Mr. Awaijane instead purchased another property on Osborne Road zoned C-2 and sold cars from that property. Sometime over the past couple of years, Mr. Awaijane sold his car sales business on Osborne Rd. Soon after, staff noticed cars displayed for sale at the 7570 Highway 65 auto body business again. Mr. Awaijane argued that the vehicles were not for sale but were being used by his own family and as loaner cars for his auto body repair customers. Staff signed off on a State Lessor Vehicle Dealer's License in November 2005 to allow Mr. Awaijane to have up to 9loaner vehicles on his site (4 for family and 5 for customer loaners). When staff continued to have complaints and there continued to be many cars lined up with flags attached along the frontage road, we asked the State Department of Public Safety to investigate compliance with the lessor license. Recently, an inspector for the State reported to us that they have documentation noting that Mr. Awaijane has conducted several retail sales at his business, violating the terms of his State license. The site is also currently out of compliance for screening as materials are being stored above the fence line. Recommendation Staff finds the sale of vehicles at Sam's Auto World to be a serious violation of this property's SUP. According to the language in Section 205.OS.S.G of the Zoning Code, failure of a property owner to meet the stipulations of their special use permit requires the City to revoke the permit following a public hearing. Mr. Awaijane is well informed of the prohibition of car sales on his property a�7�70 Highway 65. Allowing him to continue this 0 0 2. Obtain City and Watershed approvals of design; install landscaping, irrigation, and fence repairs (due March 2005) 3. Complete first phase of grading, storm sewer piping, and storm water detention pond (due March 2006) 4. Complete first phase of installation of curb/gutters and paving (due March 2007) 5. Complete final phase of curb/gutters and paving (due March 2008) 6. Building shall be metal with brick veneer 7. No cars piled higher than the fence 8. No inoperable cars shall be parked or stored outside the fence 9. Driveways or limited access shall be authorized on 73 %z Avenue. The three access points currently exist are permitted. No additional access to 73'� shall be permitted. 10. Solid screening fence shall be placed completely around property and fence shall be impr by being painted or constructed of an acceptable color-fast material and shall be uniform in s: 11. Additional landscaping shall be placed along the screening fence on 73 %2 Avenue. An ov site/landscape plan shall be submitted by the property owner and approved by staff in accord� with the requirements in # 1 above. 12. Concrete driveways shall extend a minimum of 10' beyond the screening fence into from the street No No No No Yes No Yes Yes No Repaired irrigation & reglaced some dead trees, but no new landscape plan No Recommendation According to the language in Section 205.OS.S.G of the Zoning Code, staff fmds that Central Auto Parts failure to meet the stipulations of their special use pernut requires the City to revoke the pernut following a public hearing. Unless substantial progress can be demonstrated by the business owner at the August 14 City Council meeting, staff finds that the 30 plus years of chronic code violations at this property compel the City Council to take revocation action. A resolution has been prepared to enable this action. e .• M-06-91 w � � CffY OF FRIDLEY T�: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF August 14, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR JON HAUKAAS, DIRECTOR OF PUBLIC WORKS DEBRA A. SKOGEN, CITY CLERK JUNE 27, 2006 RE: PUBLIC HEARING TO DISCUSS THE NEED TO INCREASE THE WATER, STORM WATER AND SANITARY SEWER RATES IN EXCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER Attached to this memo is the Public Hearing Notice that was published in the Sun Focus on July 20th, July 27�'' and again on August 3�d. This is in keeping with the requirements as provided in Chapter 7 of the Fridley City Code in order to increase the utility rates in excess of the limitation provided in the same Chapter. We have provided a brief history of the need in the following paragraphs. In 2000, the Fridley voters approved a referendum amendment to Chapter 7 of the City Charter requiring the City Council to submit to the voters any increase in taYes and other fees over the rate of inflarion or 5%, whichever is less. Ordinance No. 1152 was adopted in March of 2001 clarifying the referendum language and now defining urility fees as a fee requiring voter approval if over the rate of inflation or 5%, whichever is less. Because of the change, the City Council has adopted an annual resolution increasing water, storm water and sanitary sewer rates by the rate of inflarion in an attempt to provide sufficient revenues to match the cost of providing and maintaining those services. Unforiunately, due to this cap, the rate of inflarion has not provided sufficient resources to cover the cost of providing and maintaining the water, storm water and sanitary sewer services. The City Council has had to approve the use of reserve funds to cover the annual shortfall of revenues that has occurred. The use of reserve funds have been used to cover a deficit of approximately $500,000 in 2005 and the city is expected to have similar or greater losses in 2006 and beyond without an increase in utility rates. Due to this continuing deficit, the City of Fridley needs to increase utility rates to bring the revenues even with the expenses. The proposed increases to the rates that would be in excess of the annual inflarionary amount would be as follows: Water rate change — .16 cents / 1,000 gallons Sanitaty Sewer rate change — .31 cents / 1,000 gallons Storm Water rate cl�ange — .52 cents per year With these proposed changes and the inflarionary increase tl�at is allowed we are estimating that it would add approximately $42.00 to the total annual cost of a utility customer that uses 18,000 gallons per quarter. When comparing the nine conriguous ciries around Fridley, this proposed average quarterly bill would still rank as the second from the lowest. This Public hearing is intended to satisfy the Public Hearing requirement as set forth in Chapter Seven, Section 7.02 of the Charter of the City of Fridley as part of the process necessary to increase the rate in excess of the inflarionary increase. The required resolution declaring the necessity for an addirional increase and specifying the purposes for which such addirional increase was approved on the Council Meering of July 10, 2006. RDP/me Attachment behavior is unfair to the other car sales business owners in Fridley who have strived to abide by City Code and State car sales regulations. Staff recommends that the City Council take action to revoke this business owner's SUP. A resolution for this purpose can be prepared for the Council's consideration at the next meeting on August 28. It should be noted that one of the stipulations of SP #89-08 was that the SUP could not be transferred to another owner without City Council approval. This notice was sent to Mr. Mike Thompson, who apparently was one of the owners at the time. According to our records, Samir Awaijane was also one of the business partners at the time. M-06-92 51 _ CITYOF FR[DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-i287 November 20, 1991 � Mike Thompson 10600 University Avenue N.W. Coon Rapids, MN 55433 Dear Mike: This is to confirm that the City Council at its November 18, 1991 meeting reassigned special use permit, SP #89-08, solely to 7570 Inc., to allow a repair garage at 7570 Highway 65 N.E., subject to the second reading of an ordinance repealing the moratorium on the issuance of special use permits, adopted by the City on July 22, 1991, and subject further to the stipulations below: � 1. The applicant must apply and be approved for a business - license to operate a motor vehicle repair garage when ordinance becomes effective. 2. All leaking fluids must be drained from vehicles parked on the premises. 3. Damaged vehicle storage area shall contain an environmental drainage system. 4. The special use permit shall not be transferable to a different ownership or control without approval of City Council. 5. Applicant must be 18 years of age. 6. Applicant must maintain current payments to the city, county, or state of taxes, fees, fines, or penalties assessed against applicant or imposed upon applicant in relation to a motor vehicle repair garage. 7. Applicant must operate or manage a motor vehicle garage premises in a peaceful and law-abiding manner. ° 8. The applicant, parties of interest in the business, or employees shall not be convicted of any ordinance violations ' related to the operation of the business, including theft or 52 0 GAI�SON, C�X,�LL.AN.D .:� SG�C��DE13 AT�Q$1V'�.TYS a.r L �.w PROR6$SIC)N4L LIMITEO LIA6l1.1T1' A.��RTNgRSwIP JEFFREY A. CARSON $3OO $1�IINp�g CRCBK P,4Rt�W��Y� 'aUITE 3bS w��IAM G. CLELLwNO MIPLNE4PQL1�4a M�MNC507�t,°.;yq:f0-219Q ELLEN tH. SCHREDER � �AVID K, ROSS MEUSSA A. JOHNSON y DAWN E. mlLis 14 Ajj�l;.S� 2� IOV VYA FACS�IILE 763-571-1287 AN]) US MAII., Julie Jones Flar�aing Coordiu�a.tor City of �"ridley 64� X �(J'nivcrsity Aveaue �TE Fnidley, MN 55432 _. ! r��gpHONE (7£3) 561•2800 FAX ( 763 ) R61•1943 RE: Pub�ZC Hearing to Con.�id�r Revoca�iar. oi �.peci� Use Permit�Sam's Auto World De.�- Ms, rones: This correspo�dence ovi� confi::m our convets��ic►:n ��c�ay (8/14/Q� where�n I mdicated. that I am una,ble to attend tonight°s sched.u[ed pu�lic hearir:g re,,;arding the above-xefer�ed and I am directing xny client, Samir 1�v�►ai.jane, n��t to at�tend. Y in�:(i�.ai ;� to yau that I r�rould need a conti�ued hearing date so tha.t Y can familiarize ��yself w�ith your .6�:�;, ,:ind ad�quately prepare �or thc he�ing. 't�% re�c►7iewed the cal�nd�r and determined #hat Monds;y, S� ;pieml�er 25, 2006, at 7:30 p_m., is the meet�ng tha.t �uvould girre me the appro��r��te to ti�e pre.pare I unde�stand you wi11 advi�se the City Coumcil' of tl�i,s r�uest tonight I am copyin� City At+:��:ae ;�, Frit� Kna$k, with this letter a�d the letter Y sent to you on August 10, 2406, for his file. Thank you. Very liut!r 'i.'c ��, CARSON; I:'L,I,L�AND & SCHRED� �� .. � Je£freyA. ��€r..�ra rAC/zc cc: �'ritz Knaak, City Attorney �anair Awaijane � �d �9� �aN s � �a wdgZ�Z goaZ �� d � > GAI�SON, GLELLAND 8� SGHAEDEI� ATTOBNEYS AT LAW PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELEPHONE WILLIAM G. CLELLAND (763) 561-2800 MINNEAPOLIS� MINNESOTA 5 5 430-2 1 90 ELLEN M.SCHREDER FAX DAVID K. ROSS (763) 561-1943 MELISSA A. JOHNSON DAWN E. MILLS 10 August 2006 VIA FACSIMILE 763-571-1287 AND US MAIL Julie Jones Planning Coordinator City of Fridley 6431 University Avenue NE Fridley, MN 55432 RE: Special Use Permit Revocation Hearing/Sam's Auto World Dear Ms. Jones: I have just recently been retained to represent Samir Awaijane and Sam's Auto World relating to Fridley's efforts to revoke the Special Use Permit held by Mr. Awaijane. It is not possible for me to prepare for the hearing by August 14th, 2006 and I hereby request that this hearing be continued for at least 30 days to give me an opportunity to review your file and the facts of this case. In the meantime, I would appreciate it if you would fax me a copy of the Special Use Permit currently held by Mr. Awaijane and Sam's Auto World. I would also like to make anangements to review the city's file on this property prior to the hearing. Will you please contact me and confirm the continuance of this matter. Thank you. V ery Truly Yours, CARSON, CLELLAND & SCHREDER J Je frey A. Carson JAC:tb cc: Samir Awaijane Mike Thompson November 20, 1991 Page 2 crimes involving stolen property or consumer protection statutes. 9. The applicant shall permit representatives of the Police Department, Fire Department, and Community Development Department to inspect the premises for the purposes of ensuring compliance with the law and special use permit stipulations at any time it is occupied or open for business. 10. The applicant must pass or correct any deficiency within 30 days of applicable government agency inspections such as fire, building codes, and law enforcement. 11. The applicant shall provide and maintain in full force and effect public. liability insurance to indemnify any person against loss �r injury in the sum of one hundred thousand dollars ($100,000.00) for injury or death to one person, three hundred thousand dollars ($300,000.00) for each accident or occurrence, and ten thousand dollars ($10,000.00) property damage, and shall contain a provision that no cancellation thereof shall become effective without thirty (30) days prior notice thereof in writing to the City Clerk. In addition, the applicant shall file with the City Clerk a public liability policy or certificate of insurance for each vehicle used in the business of it's motor vehicle repair garage. ' I2. The applicant shall maintain, on the premises, origi�al records which shall include all work orders, estimates, invoices, and names of all customers for whom motor vehicle repairs have been performed. As used in this section, the term "invoice" shall contain that information required in Minnesota Statutes Chapter 325F.56 to 325F.65. Such records shall be immediately available for inspection and copying by enforcement officials and shall be retained for at least two (2) years. A customer has a right to a copy of documents maintained by the motor vehicle repair garage reflecting any transaction to which he was a p�rty. A. E� C. The applicant is required to identify the source of the parts used on repaired vehicles. The applicant is required�to keep a record of parts that are purchased and all purchased parts are to be paid by check rather than cash. The applicant is required to keep invoices and cancelled checks to establish the source of parts used on repaired vehicles. 53 Mike Thompson November 20, 1991 Page 3 • 13. The applicant shall not allow any automotive parts to be on the premises in which manufacturers identification numbers have been removed or altered. Manufacturers identification numbers include vehicle identification number (VIN); federal motor vehicle safety certification label; and component labels. Manufacturers identification numbers also include all references in the federal motor vehicle theft law enforcement act of 1984 and the federal motor vehicle theft prevention standard codified as part of the code of federal regulations. 14. Said permit shall be further conditioned on the stipulations of special use permit, SP �89-08, as set forth in the June 6, 1991 Action Taken Notice, a copy of which is attached hereto as Exhibit A arid made part hereof by reference. A copy of the August 3, 1989 letter of Darrel Clark referred to in• paragraph 3 of Exhibit A is attached hereto as Exhibit B and made a part hereof by reference. Notwithstanding the foregoing, the parties agree that the completion date established in paragraphs 3, 4, and 5 of Exhibit A shall be extended to June 1, 1992, and the date of October, 1991 stated in paragraph 6 of Exhibit A shall be extended to July, 1992. Also at the meeting, the City Council approved for first reading an ordinance to repeal the ordinance establishing a moratorium on issuance of special use permits for repair garages. Second and final reading is scheduled for December 2, 1991. In regards to the improvements required in #14 above, please note the enclosed memorandum from Mark Winson regarding storm water drainage from the property. Prior to paving the parking area, you need to submit a drainage plan to Mark Winson for review and approval. If you have any questions regarding the above action, please call the me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn cc: Darrel Jensen Samir Awaijane �� Mike Thompson November 20, 1991 Page 4 Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by December 3, 1991. . Concur with action taken 55 CASES BY ADDRESS: 7570 HIGHWAY 65 NE 8/9/2006 Complaint Actions Date Opened By Complaint Description Case Notes 8/6/1999 Saba high grass on property 8/6/1999 Saba job-related materials not properly screened 4/6/2001 Saba numerous garage doors improperly stored outside the building 7!6/1999 First Inspection 8/6/1999 Send 1st Notice 8/23/1999 Second Inspection � 8/23/1999 Close Case 8/6/1999 First Inspection 8/6/1999 Send 1st Notice 8/23/1999 Second Inspection 8/23/1999 Close Case 4/6/2001 First tnspection 4/6/2001 Send 1st Notic� 5/3/2001 Second Inspection 5/4/2001 Close Case Doors have been removed. 7/21/2003 Stromberg temporary banner on pylon sign 7/18/2003 First Inspection 7/21/2003 Send 1stNotice 7/29/2003 Second Inspection 7/29/2003 Close Case ` 5/4/2005 Jones Semi Truck trailer being stored on property and used for storage-not permitted. 5/4/2005 First Inspection 5/4/2005 Send 1st Notice 5/16/2005 Grant Extension Owner of trailer - not owner or business - reqested the extension in person May 16, 2005. 7/15/2005 Extension Followup 7/15/2005 Close Case 1/24/2006 Jones Selling cars without a dealer s ticense ' � " '' and parking the cars on the public ROW. � � ' JJ se7t letter to 5tate asking for an investigation ot aealers license 012406. 3-3-06 JJ observed dispiaying cars for sale. Flags on car antenna. 3/3/2006 First Inspection 3/29/2006 Second Inspection 3/29/2006 Close Case 1 of 2 56 � CASES BY ADDRESS: 7570 HIGHWAY 65 NE 8/9/2006 Complaint Date Opened By Complaint Description Case Notes Actions 1/27/2006 Jones Parking business tow truck lic. #89047 in public right-of-way. - 1/27/2006 First Inspection 1/27/2006 Send 1st Notice 1/27/2006 Send 1st Notice 2117l2006 Secondlnspection 2/17/2006 Close Case 2 of 2 57 / � CfTY OF FRIDLEY TO: AGENDA ITEM CITY COUNCIL MEETING OF August 14, 2006 WII�LIAM W. BURNS, CITY MANAGER � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR 1"`1 JON HAUKAAS, DIRECTOR OF PUBLIC WORKS DEBRA A. SKOGEN, CITY CLERK DATE: JiTNE 27, 2006 RE: PUBLIC HEARING TO DISCUSS THE NEED TO INCREASE THE WATER, STORM WATER AND SAI�ITARY SEWER RATES IN EXCESS OF THE INFLATIONARY INDEX OR 5%, WHICHEVER IS LESS, AS REQTJIRED BY SECTION 7.02 OF THE FRIDLEY CITY CHARTER Attached to this memo is the Public Hearing Notice that was published in the Sun Focus on July 20th, July 27`� and again on August 3rd. This is in keeping with the requirements as provided in Chapter 7 of the Fridley City Code in order to increase the utility rates in excess of the limitation provided in the same Gha,pter. We have provided a brief history of the need in the following pazagraphs. In 2000, the Fridley voters approved a referendum amendment to Chapter 7 of the City Charter requiring the City Council to submit to the voters any increase in taxes and other fees over the rate of inflation or 5%, whichever is less. Ordinance No. 1152 was adopted in March of 2001 clarifying the referendum language and now defining utility fees as a fee requiring voter approval if over the rate of inflation or 5%, whichever is less. Because of the change, the City Council has adopted an annual resolution increasing water, storm water and sanitary sewer rates by the rate of inflation in an attempt to provide sufficient revenues to match the cost of providing and maintaining those services. Unfortunately, due to ttris cap, the rate of inflation has not provided sufficient resources to cover the cost of providing and maintaining the water, storm water and sanitary sewer services. The City Council has had to approve the use of reserve funds to cover the annual shortfall of revenues that has occurred. The use of reserve funds have been used to cover a deficit of approximately $500,000 in 2005 and the city is expected to have similaz or greater losses in 2006 and beyond without an increase in urility rates. Due to this continuing deficit, the City of Fridley needs to increase utility rates to bring the revenues even with the expenses. The proposed increases to the rates that would be in excess of the annual inflationary amount would be as follows: Water rate change — .16 cents / 1,000 gallons Sanitary Sewer rate change — .31 cents / 1,000 gallons Storm Water rate change — .52 cents per year With these proposed changes and the inflationary increase that is allowed we are estimating that it would add approximately $42.00 to the total annual cost of a utility customer that uses 18,000 gallons per quarter. When comparing the nine contiguous cities around Fridley, ttus proposed average quarterly bill would still rank as the second &om the lowest. This Public hearing is intended to satisfy the Public Hearing requirement as set forth in Chapter Seven, Section 7.02 of the Charter of the City of Fridley as part of the process necessary to increase the rate in excess of the inflationary increase. The required resolution declaring the necessity for an additional increase and specifying the purposes for which such addirional increase was approved on the Council Meeting of July 10, 2006. RDP/me Attachment 58 City of Fridley PUBLIC HEARING BEFORE THE CITY COUNCIL (Legal Publication) Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N. E. on Monday, August 14, 2006, at 7:30 p.m. for the purpose of taking testimony in reference to the following: RESOLUTION NO. 2006 - 42 A RESOLUTION DECLARING THE NECESSITY TO INCREASE THE WATER, STORM WATER AND SANITARY SEWER RATES IN EXCESS OF THE INFLATIONARY INDEX OR THE 5%, WHICHEVER IS LESS, AS REQUIRED BY SECTION 7.02 OF THE FRIDLEY CTTY CHARTER WHEREAS, the Fridley voters approved a referendum amendment to Chapter 7 of the City Charter in November of 2000 requiring the City Council to submit to the voters any increase in taxes and other fees over the rate of inflation or 5%, whichever is less; and WHEREAS, Ordinance No. 1152 amended the referendum amendment and defined utility rates as a fee; and WHEREAS, the City Council has adopted an annual resolution increasing water, storm water and sanitary sewer rates by the rate of inflation since 2001; and WHEREAS, the rate of inflation has not kept up with the cost of providing water, storm water and sanitary sewer services and the City Council has had to approve the use of reserve funds to pay for the cost of providing and maintaining the utility services; and WHEREAS, the annual maintenance and operating costs of the water, sanitary sewer and storm water utility operations has grown from an annual deficit of ($250,000) in 2002 to an estimated deficit of ($627,596) for 2007; and WHEREAS, the absence of positive net revenues has made the sale of Utility Revenue Bonds impossible; and WHEREAS, Chapter Seven, Section 7.023 of the Charter of the City of Fridley, states that any other fees increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2; and WHEREAS, Chapter Seven, Section 7.02.2, Subd. A, states that the City Council shall adopt a resolution declaring the necessity for an additional increase and specifying the purposes for which such additional increase is required; and WHEREAS, Chapter Seven, Section 7.02.2, Subd. B, states that a public hearing shall be held pursuant to three weeks published notice in the official newspaper setting forth the contents of the resolution described in Section 702.02.2, Subd. A.; and WHEREAS, the City of Fridley needs to increase utility rates to bring the revenues even with the expenses. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley hereby schedules a public hearing for August 14, 2006, and directs the City Clerk to publish a Notice of Public hearing for three weeks prior to the public hearing for the purpose of establishing a ballot question that allows the City Council of the City of Fridley to increase the utility rates over the rate of inflation or 5% whichever is less, as outlined in Section 7.02.01 of the Fridley City Charter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOTH DAY OF JULY, 2006. /s/ Scott J. Lund, Mayor ATTEST: /s/ Debra A. Skogen, City Clerk Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to 763-571-3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than September 5, 2003. The TDD number is 763-572-3534. Published in the Fridley Sun Focus (July 20 and 27 and August 3 and 10, 2006) � � CffY OF FRIDLEI' DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 August 10, 2006 William W. Burns, City Manager Scott J. Hickok, Community Development Director Ronald Julkowski, Building Official PUBLIC HEARING - Hazardous Building at 5685 Jackson Street INTRODUCTION The property at 5685 Jackson Street has been deemed hazardous (by virtue of extreme fire damage) by our Chief Building Official and is scheduled for a public hearing before the City Council on August 14, 2006. ELEMENTS At the public hearing, Council will be advised of the property conditions and will be asked act to officially deem the property hazardous, by resolution, and to authorize staff to begin the statutory process and commence toward demolition. State Statute 463 defines a process by which the demolition proceedings must move forward if the City is to proceed with the demolition. Essential structural items such as floor and ceiling support framing have been burned beyond service. Anyone entering the home at this juncture may be in danger of injury or death. For that reason the home has been boarded up, but must be demolished to eliminate the attractive nuisance, odors in the neighborhood, and eliminate risk to those who may enter. RECOMMENDATION Staff recommends Council hold the public hearing and receive public comment. � � CffY OF FRIDLEI' Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 August 9, 2006 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Resolution Revoking Special Use Permit #03-14 for Central Auto Parts, generally located at 1201-73 '/2 Avenue NE Background On July 10, 2006, the Fridley City Council began a public hearing regarding Central Auto Parts' special use permit. The hearing is scheduled to continue at the August 14 City Council meeting. Should the City Council choose to follow staff's recommendation to revoke SP #03-14, a resolution detailing findings of fact for this action is attached for your review. Recommendation According to the language in Section 205.OS.S.G of the Zoning Code, staff finds that Central Auto Parts' failure to meet the stipulations of their special use permit requires the City to revoke the permit following a public hearing. Therefore, if substantial progress cannot be demonstrated by the business owner at the August 14 City Council meeting, staff recommends that the City Council adopt the attached resolution revoking SP #03-14, which allows operation of a junkyard (auto recycling) business in an M-1 zoning district. M-06-94 RESOLUTION NO. -2006 A RESOLUTION REVOKING SPECIAL USE PERMIT #03-14 FOR CENTRAL AUTO PARTS TO OPERATE A JUNKYARD IN AN M-1 ZONING DISTRICT, GENERAL.LY LOCATED AT 1201 73'/z AVENUE NE WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS, City Zoning Code Section 205.05.5.G requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulation of the issued permit; and WHEREAS, the Fridley City C�uncil held a public hearing regarding the special use permit SP #03-14, allowing a junkyard in an M-1 zoning district at Central Auto Parts, generally located at 1201 7:3 %2 Avenue NE on July 10, 2006; and WHEREAS, approval of SP #03-14 included several sfiipulations which needed to be met in order to continue to operate the Central Auto Parts business located at 1201 73 %2 Avenue; and WHEREAS, City staff conducted an inspec:tion �f the site on April 11, 2006 to determine compliance with the stipulations of SP #03-14; and WHEREAS, City staff found and reported to the Cifiy Council at the July 10, 200�i public hearing that several stipulations were not k�eing met on the property; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after listening to all the facts presented at the public hearing, makes the following FINDINGS OF FACT: 1. That the City of Fridley and its staff have acted within the Fridley Zoning Code; and 2. That the City of Fridley staff accurately represented the condition of the property when they inspected it, finding several items of noncampliance of the stipulations �f the special use permit; and 3. That the City �f Fridley staff communicated the �oints of noncompliance verbally to the business owner during the inspection and in writing prior to the public hearing; and 4. The business owner and property owner were notified by mail �f the July 10, 2006 public hearing; and 5. That a public hearing was held on July 10, 2006, allowing the City Council to take testimony on this property; and � 6. That as of August 14, 2006, the property continues to be in violation of the special use permit action taken letter dated August 28, 2003 BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evic�ence before it, expressly finds that the foregoing recitation is true and correct and incorporates it as part of its Findings of Fact. BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the City of Fridley hereby revokes the special use permit SP #03-14 to operate a junkyard in an M-1 district at Central Auto Parts, generally located at 1201 73 %2 Avenue NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2006. ATTEST: Debra A. Skogen, City Clerk 63 Scott J. �und, Mayor � � CffY OF FRIDLEI' DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 14, 2006 August 10, 2006 William W. Burns, City Manager Scott J. Hickok, Community Development Director Ronald Julkowski, Building Official ACTION ITEM - Hazardous Building at 5685 Jackson Street INTRODUCTION The property at 5685 Jackson Street has been deemed hazardous (by virtue of extreme fire damage) by our Chief Building Official and is scheduled for a public hearing before the City Council on August 14, 2006. Staff requests authorization to commence with statutory process toward and including demolition. A resolution has been attached to provide such authorization. RECOMMENDATION Staff recommends Council approve the attached resolution as submitted. RESOLUTION NO. - 2006 RESOLUTION ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING, PURSUANT TO MINNESOTA STATUTES SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY, MINNESOTA BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: In the matter of the hazardous building located at 5685 Jackson Street: Legally described as: Lot 9, Block 5, Donnay's Lakeview Manor Addition, Anoka County, as on file and of record in the County Recorder's office of said County. TO: Daniel Krtnick, and any tenants, occupants, or other persons claiming an interest in the above described premises Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the Council of the City of Fridley, having duly considered the matter, finds the above-described building to be a hazardous building for the following reasons: A structure fire destroyed the home on Apri121, 2006. To investigate damages and safety, the Chief Building Official for the City of Fridley inspected the property. That inspection occurred on Apri121, 2006. In his report he indicated that the house sustained heavy damage to the floor system, exterior wall and roof. The damage is severe enough to deem the structure a hazard. Section 1300.0180.2000 NIN State Building Code, states in part, "any structure that constitutes a hazard to safety, health, or public welfare by reason of disaster or damage, shall be considered unsafe. All unsafe buildings shall be declared a public nuisance and shall be abated by repair or demolition, as referenced in the MN. Statutes Sections 463.15 to 463.26." The above mentioned property was posted as a hazard in accordance with MN Statute 463.17. The State Fire Marshal's office continued its investigation until May 15, 2006, but completed the investigation at that time. The City has received numerous citizen complaints regarding appearance, odor, safety, disrepair, abandonment. 2. The Council further orders that unless such corrective action is taken or an answer is served upon the City of Fridley and filed in the office of the Clerk of District Court of Anoka County, Minnesota within 20 days from the date of the service of this order, a motion for summary enforcement of this Court will be made to the District Court of Anoka County. Enforcement of this order shall include, in the City's discretion, the option of razing the structure. The Council orders that all personal property or fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within 20 days, and if not so removed by the owner, and the City then determines to raze the structure, the City of Fridley may remove and sell such personal property or fixtures at public auction in accordance with law. 3. The Council further orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes, Section 463.22 4. The mayor, clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign, and serve such papers as are necessary to comply with this order and to assess the costs thereof against the real estate described above for collection along with taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF AUGUST, 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen � � AGENDA ITEM ��F CITY COUNCIL MEETING OF AUGUST 14, 2006 FRIDLEI' INFORMAL STATUS REPORTS