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05/07/2007 - 6129� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 T:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/NT NAMF, ADDRFSS AND /i'FM NUMSFR YOU ARF /NTFRFSTFD /M. Priat Name �Clearly) Address �tem'Na. , G� �2 i7 �'f� Fz� s v�J � c v�� vc� tt. 1`�'�, � r� c- �( Qv� � ��?Z � rc�c�!l /�� r . _- ,d. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 ., . � QTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Nationa! Police Week May 13-19, 2007 Peace Officers Memoria! Day.� May 19, 2007 Public'Works Week: May 20-26, 2007 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Local Board of Appeal and Equalizatiori — April 23, 2007 City Council Meeting of April 23, 2007 NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of April 18, 2007 ...............:... 1-10 2. Resofution to Vacate Portions of Ely Street, Liberty Street, Longfellow Street, and the Alleys Located between Ely Street and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79'" Avenue; Generally Located at 30 — 81 S` Avenue N. E. (Vacation Request, SAV #07-01, by Richard Carlson for Park Construction) (Ward 3) ....`..� ....... 11 -17 � G'�001 `a"� T �.`�`-� 3. Resolution Receiving the Preliminary Plans, Specifications, and Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Mill and Overlay Project No. ST. 2007 — 2 ................................... 18 - 20 aoo'1-a5 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution Providing for the Issuance and Sale of $1,910,000 General Obligation Improvement Bonds, Series 2007A, Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof ......................... ......... 21 — 30 a�a�- a � 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for St. Paul Fire Fighters Local 21 Benefit Association, at Fridley Grill, LLC, d/b/a Pickfe Park, Located at 7820 University Avenue N.E. (Ward 3) .. ......... . ...... . 31 - 32 � o'�� %. b''''� ,/ �'�j 6. Motion to Approve Memorandum of Understanding between the City of Fridley and Law Enforcement Labor Services, Inc., Local 119; and Motion to Approve Similar Increases to the Employer Contributions for all Other City Employee Groups............................... 33 - 37 7. Appointment Claims (131492 — 131703) ......... Licenses 38 39 40 - 41 at_ . _ ] FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 _ PAGE 2 ADOPTION OF AGENDA. OPEN FORUM (VISITORSi: Consideration of items not on Agenda -15 Minutes PUBLIC HEARING: 10. Consideration of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #07-01, by Barry Hoosline for Sam's Auto Parts, to Rezone the Properties Located at 7340 Central Avenue and 1240 — 73'/2 Avenue from C-1, Local Business, to M-1, Light Industrial) (Ward 2) ................................... 42 - 55 NEW BUSINESS: 11. Special Use Permit Request, SP #07-01, by Barry Hoosline for Sam's Auto Parts, to Allow an Auto Recycling Center in an M-1, Light Industrial Zoning District, Generally Located at 7340 Central Avenue and 1240 — 73'/� Avenue (Ward 2) ................................... 56 - 65 12. Preliminary Plat Request, PS #07-03, by Richard Carlson for Park Construction, to Replat Multiple Parcels to Create Two Lots, Generally Located at 30 — 815' Avenue N.E. (Ward 3) .................................. 66 - 71 13. Informal Status Reports ..................... 72 ADJOURN. � � CITY COUNCIL MEETING OF MAY 7, 2007 CffY OF FRIQLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: National Police Week: May 13-19, 2007 Peace Officers Memorial Day: May 19, 2007 Public Works Week: May 20-26, 2007 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Local Board of Appeal and Equalization — April 23, 2007 City Council Meeting of April 23, 2007 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of April 18, 2007 .............................................................................. 1- 10 FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Resolution to Vacate Portions of Ely Street, Liberty Street, Longfellow Street, and the Alleys Located between Ely Street and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79t" Avenue, Generally Located at 30 — 81 St Avenue N. E. (Vacation Request, SAV #07-01, by Richard Carlson for Park Construction) (Ward 3) .......................................................................... 11 - 17 3. Resolution Receiving the Preliminary Plans, Specifications, and Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Mill and Overlay Project No. ST. 2007 — 2 ........................................................... 18 - 20 4. Resolution Providing for the Issuance and Sale of $1,910,000 General Obligation Improvement Bonds, Series 2007A, Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof ................................................. 21 - 30 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for St. Paul Fire Fighters Local 21 Benefit Association, at Fridley Grill, LLC, d/b/a Pickle Park, Located at 7820 University Avenue N. E. (Ward 3) ................................................................................................ 31 - 32 6. Motion to Approve Memorandum of Understanding between the City of Fridley and Law Enforcement Labor Services, Inc., Local 119; and Motion to Approve Similar Increases to the Employer Contributions for all Other City Employee Groups ......................................... 33 - 37 FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Appointment .................................................................................................. 38 8. Claims (131492 — 131703) ........................................................................... 39 9. Licenses ................................................................................................... 40 - 41 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 10. Consideration of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #07-01, by Barry Hoosline for Sam's Auto Parts, to Rezone the Properties Located at 7340 Central Avenue and 1240 — 73'/ Avenue from C-1, Local Business, to M-1, Light Industrial) (Ward 2) ................................................................................................... 42 - 55 NEW BUSINESS: 11. Special Use Permit Request, SP #07-01, by Barry Hoosline for Sam's Auto Parts, to Allow an Auto Recycling Center in an M-1, Light Industrial Zoning District, Generally Located at 7340 Central Avenue and 1240 — 73'/ Avenue (Ward 2) ................................................................................................... 56 - 65 FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2007 PAGE 4 NEW BUSINESS (CONTINUED): 12. Preliminary Plat Request, PS #07-03, by Richard Carlson for Park Construction, to Replat Multiple Parcels to Create Two Lots, General ly Located at 30 — 81 St Avenue N. E. (Ward 3) ................................................................................................... 66 - 71 13. Informal Status Reports ................................................................................. 72 ADJOURN. �� t � i i t NATIONAL POLICE WEEK: May 13-Iq, Zoo7 �� PEACE OFFICERS MEMORIAL DAY: May Is, Zoo7 WHEREAS, thisproclamafion is issued to commemorate and acknowledge the dedication and sacrifice made by the men and women who have lost their lives while serving as law enforcement offzcers; and WHEREAS, the quality of life in the United States is preserved and enhanced by the diligent efforts of law enforcement personnel; and WHEREAS, 700, 000 men and women in the United States, including more than 9, 000 Minnesota peace officers, and 39 Fridley police officers, serve their fellow cifizens as community guardians; and WHEREAS, Minnesota has lost 239 law enforcement officers in the line of duty since 1874 and the nafional toll is approaching 18, 000 fallen officers; and WHEREAS, 145 peace officers across the nafion were killed in the line of duty during 2006,• and WHEREAS, every year, 1 out of every 9 peace offzcers is assaulted, 1 out of every 25 peace officers is injured, and 1 out of every 4, 400 peace officers is killed in the line of duty; and WHEREAS, on average, over 56, 000 officers are assaulted, resulfing in over 16, 000 injuries nafionally; and WHEREAS, on May I5, 2007, Fridley police officers will join all U.S. peace offzcers and the families of their recently fallen comrades to honor those officers and all others who went before them. NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim May 13 through 19, 2007, as Nalional Police Week, and Tuesday, May I5, 2007, as Peace Officers Memorial Day in the City ofFridley. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 7�` day ofMay, 2007. Scott J. Lund, Mayor �� t � i i t PUBLIC WORKS WEEK May Zo - Z6, Zoo7 WHEREAS, public works services provided in our community are an integral part of the every day lives of our citizens; and, WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water; sewers, streets and highways, public buildings, and snow removal; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and, WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, maintenance, and construction are vitally dependent upon the efforts and skills of Public Works personnel; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim May 20 through 26, 2007, as: PUBLIC WORKS WEEK in the City of Fridley, and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works services, and to recognize the contributions the City's Public Works Department personnel make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 7"' day ofMay, 2007. Scott J. Lund, Mayor BOARD OF APPEAL AND EQUALIZATION CITY OF FRIDLEY APRIL 23, 2007 PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Mary Smith, City Assessor Lynn Krachmer, City Appraiser Scott Hickok, Community Development Director Richard Pribyl, Finance Director Fritz Knaak, City Attorney Mary Smith, City Assessor, stated this meeting is a continuation of the Local Board of Appeal and Equalization meeting held on April 9, 2007. The purpose of this meeting is to present information to establish the 2007 estimated market value for six properties whose owners appealed the value at the first meeting. As the Board, the City Council has the ability to change values or classifications in accordance with State law. Ms. Smith stated that the Board has three possible courses of action that can be taken on each case. They can affirm, reduce or increase the current value based on information presented. If upon reaching a decision, the property owners feel that the Board did not resolve their concerns, they may bring their case to the County Board of Appeal and Equalization which is on June 18. The appellants will be taken in the order that they were heard at the first meeting. Case No. 1: 137 Christenson Court, Pin No. 14-30-24-32-0289. Ms. Smith stated that this property is a detached rambler style townhome on slab. The 2007 estimated market value is $218,400. After performing a sales analysis of this property and using sales of similar townhomes throughout Anoka County, due to the lack of sales of this type of town home in Fridley, the determined value is $218,700. Further, sales in this particular town- home area were looked at. It is staff's recommendation that the value be affirmed at $218,400. Curtis Britz, 137 Christenson Court, stated that he did not feel the cost of $325 for an appraisal would be cost effective at this time. He reviewed some homes that are for sale in his area. The property at 6416 Christensen Lane is a two level with 1,800 finished square feet and was initially BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 23, 2007 PAGE 2 listed for sale at $224,900. The property was recently reduced to $209,900. There was another two-level townhome in the area that was recorded for sale at $209,000. He thought $200,000 would be a fair market estimate of his home. Mayor Lund stated that he agreed the real estate market is not good and some of the homeowners have dropped their prices because they are motivated to sell and would sell their homes for less than value. Mr. Britz stated that $218,400 was still too high. Mayor Lund stated that in today's market, it may be a little harder to sell the home for what it is worth. Mr. Britz said the closest comparison to his property was at 120 Christenson Court with a value of $196,000. Mayor Lund said he believed the value given was fair. Councilmember Barnette asked if the values were from a year ago. Ms. Smith answered the sales are from October 1, 2005, through September 30, 2006. Councilmember Barnette stated that a year from now, the values could go lower if the sales keep going down. Ms. Smith answered that is correct. Mr. Britz stated that he still thought $218,400 was too high. Councilmember Varichak asked about the home that sold for $196,000 and if the owners were anxious to sell. Mr. Britz answered that the homeowner was in the real estate business and she did not have to sell the home at that time. Mayor Lund stated that the estimate of $218,400 seemed accurate. Councilmember Saefke stated that if the homeowner still disagreed with the value placed on the properry, he can present his case to Anoka County. MOTION by Councilmember Saefke to approve the estimate of $218,400 for the property located at 137 Christenson Court, Pin No. 14-30-24-32-0289. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 23, 2007 PAGE 3 Case No. 2: 951 Hillwind Road, Pin No. 24-30-24-32-0060. Ms. Smith stated that this property is an office building consisting of 4,000 square feet. The property has visibility from both Interstate 694 and Highway 65. The 2007 estimated market value is $431,700 or $107.93 per square foot. In her analysis of value, she reviewed sales of similar stand-alone office buildings. There was one sale of an office building in Fridley in April, 2006, which sold for $200.00 per square foot. The other sale in Fridley ('/z office, '/z storage) was chosen because of its location on a highway service drive (University Avenue) which made it similar to the subject as far as access. This sale occurred in July, 2005, and sold for $76.67 per square foot. Ms. Smith stated that after review of eight sales of similar type buildings, without making adjustments, but disregarding the high and low sale, she arrived at an average value of $121.88. Including all of the sales, the average value would be $124.19. Ms. Smith said she also applied the income approach to this property since it is currently leased and has been since March, 2002, to Counselor Realty. Using market rents which she obtained from Colliers Turley's year-end publication, she arrived at a value of $415,152 or $103.79. Likewise, using the lease information provided by the appellant and their actual rents, she arrived at a value of $425,600 or $106.40. Ms. Smith stated that after consideration of the sales and applying the income approach it is staff's recommendation to the Board to affirm the 2007 estimated market value of $431,700 or $107.93 per square foot. Ms. Smith stated that the property owners were not able to attend this meeting. Mayor Lund asked if the owners were aware that this had to be done tonight. Ms. Smith answered that she gave the owners a packet and all of the information. Mayor Lund asked where the figures came from and questioned why the amount was a little higher. Ms. Smith stated that she used both the income approach and sales approach. The value was in the middle and was a good value for the property. It was also very close to comparative sales in the area. MOTION by Councilmember Varichak to approve the estimate of $431,700 for the property located at 951 Hillwind Road, Pin No. 24-30-24-32-0060. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 23, 2007 PAGE 4 Case No. 3: 13 - 77t'' Avenue NE, Pin No. 03-30-24-44-0073. Ms. Smith stated that this property is a 17,200 square foot industrial building. The 2007 estimated market value is $807,900 or $46.97 per square foot. For this property, she referred to the appraisal that was done on 7710 Main Street. She used the sales approach and made the appropriate adjustments to make the sale property "like" the subject property. After these adjustments were made she arrived at a value of $791,200 or $46.00 per square foot. Richard Harris, 13 - 77th Avenue NE, stated that he just received the figures because he was having trouble getting his paperwork. He felt that this was still a little on the high side and would like to sell the property for that amount. He said he could not argue the new adjusted amount. MOTION by Councilmember Bolkcom to approve the estimate of $791,200 for the property located at 13 - 77th Avenue NE, Pin No. 03-30-24-44-0073. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Case No. 4: 6200 Riverview Terrace, Pin No. 15-30-24-43-0039. Ms. Smith stated that this property is a rambler style single family home located on the Mississippi River. It consists of 1,625 square feet with a full walkout basement. The 2007 estimated market value is $395,100. After doing a sales analysis of this property and using sales of homes along the river, the determined value was $453,100. It is her recommendation to the Board that the 2007 estimated market value be affirmed at $395,100. Richard Harris, 6200 Riverview Terrace, stated that he did not get the figures until this evening and he had no idea that the amount had gone down. Mayor Lund asked if the higher figure was calculated by an analysis or if they waited until the homeowner asked to look at the property. Ms. Smith stated that the information is inputted into a mass appraisal system. Staff could not do an analysis for each property because it would be too time consuming. MOTION by Councilmember Bolkcom to approve the estimate of $395,100 for the property located at 6200 Riverview Terrace, Pin No. 15-30-24-43-0039. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 23, 2007 PAGE 5 Case No. 5: 8055 Riverview Terrace, Pin No. 03-30-24-32-0161. Ms. Smith stated that this property is a two-story home on slab with a two car tuck-under garage. It consists of 1,596 square feet and sits across the street from the Mississippi River. The 2007 estimated market value is $254,300. Due to limited sales of these properties that sit indirectly on the river we were unable to perform a sales analysis. However, there was one sale that occurred one block away from the subject property in September, 2006. This property is a bi-level home with 1,664 square feet. It sold for $301,600. It was also discovered in reviewing our records for the subject property that a"Deny Access" amount had been placed on this property and had not been removed after viewing it in our last reassessment of this area. After removing this amount the value was lowered to $252,400. Ms. Smith stated that it is her recommendation to the Board that the 2007 estimated market value of $254,300 be reduced to $252,400 due to this error. Mayor Bolkcom asked if the homeowner denies the City access to the home for an appraisal, is the value increased. Ms. Smith stated that normally when staff is denied access, it is assumed that some improvements have been made since the last visit. MOTION by Councilmember Bolkcom to approve the estimate of $252,400 for the property located at 8055 Riverview Terrace, Pin No. 03-30-24-32-0161. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Case No. 6: 7429 East River Road NE, Pin No. 10-30-24-14-0015. Ms. Smith stated that this property is a restaurant consisting of 1,724 square foot on-ground level with a 1,274 square foot basement. It was built in 1996. The 2007 estimated market value is $399,400. This property went into foreclosure in July, 2005, and sat vacant until the time of sale in July, 2006. In August of 2006 it was purchased for $340,000 by What Rob Wants, Inc. Ms. Smith was given an appraisal dated July 11, 2006, that "The Appraisal Group" had prepared for the buyer for financing purposes. Both the sales approach and income approach to value were performed indicating a value conclusion of $350,000. It is her recommendation to the Board that the 2007 estimated market value of $399,400 be reduced to $350,000. MOTION by Councilmember Bolkcom to approve the estimate of $350,000 for the property located at 7429 East River Road NE, Pin No. 10-30-24-14-0015. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 23, 2007 PAGE 6 MOTION by Councilmember Barnette to adjourn the Board of Appeal and Equalization meeting of Apri123, 2007. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED. Respectfully submitted by, Krista J. Monsrud Scott J. Lund Recording Secretary Mayor CITY COUNCIL MEETING CITY OF FRIDLEY APRIL 23, 2007 The City Council Meeting for the City of Fridley was called to order by Mayor Lund at 7:37 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Richard Pribyl, Finance Director/Treasurer Don Abbott, Public Safety Director Fritz Knaak, City Attorney Mary Bjorgam, VFW Sandy Arnold, VFW PROCLAMATION: Mayor Lund presented a proclamation for Buddy Poppy Days, May 18, 2007. Mary Bjorgam, representing the VFW, thanked Council for their support. PUBLIC SERVICE ANNOUNCEMENT: Margo Prasek, Recreation Department, presented information about the Summer Rocks program available for Fridley residents. This program started in 1999 so children that are home with parents can be involved in the Recreation program. The program is offered for 9 weeks during the summer from 7:00 a.m. to 5:30 p.m., Monday through Friday, at the Community Center. A day at the program consists of the children having a morning snack, watching cartoons or reading a book, the children would also participate in two classes each week There are several different classes for the children to choose from and the classes are taught by professionals and Summer Rock staf£ After class time, the children go to lunch at Commons Park After lunch, the children are divided into two groups, K through 3rd grade participate in the playground program, and 4 through 7th grade participate in the skills program. Staff promotes community values and encourages the children to work together. Children can participate in summer Olympics, indoor games and special events such as the Family Festival and Wet & Wild Party. The children go on field trips to places like the Minnesota Zoo and Bunker Beach. Mayor Lund asked how many children could be enrolled in this program and when the registration deadline was for the program. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2007 PAGE 2 Ms. Prasek answered that the program could accommodate up to 55 children each week and applications are accepted up to a week before the program starts. Councilmember Barnette asked if there was a cost involved and if scholarships were available. Ms. Prasek said the cost is $115 a week and scholarships are available for up to 50% of the cost of the program with a maximum of $100 for each season. If they qualify for free and reduced lunches, they should bring the letter from the school when they register along with identification that they are a Fridley resident. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Local Board of Appeal and Equalization of April 9. 2007 APPROVED. City Council Meeting of April 9, 2007 APPROVED. NEW BUSINESS: 1. Resolution Authorizing the Mayor and City Manager to Execute the Community Development Block Grant and Home Investment Partnerships Program Cooperative Agreement for Anoka County. William Burns, City Manager, stated that the agreement with Anoka County was approved on March 26. Since then, we have been told that we need a resolution in support of the agreement. ADOPTED RESOLUTION NO. 2007-21. 2. Resolution Requesting the Minnesota Department of Transportation to Eliminate the Proposed Noise Walls on TH47 and TH65 North of 73rd Avenue NE. William Burns, City Manager, stated this resolution requests that MnDOT eliminate the noise walls for the east side of University Avenue between 73rd Avenue and Osborne Road from their 2007-2008 construction program. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-22. 3. Resolution Ordering Preliminary Plans, Specifications and Feasibility Report of Street Improvement Project No. ST. 2007-2. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2007 PAGE 3 William Burns, City Manager stated that the work will be done on 61st Avenue between University Avenue and West Moore Lake Drive and on 7th Street between 61st Avenue and 53ra Avenue. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-23. 4. Approve Final Costs for the Repair of Wells 5 and 10. William Burns, City Manager stated that the recommended repair and replacement work for these two wells will cost us $16,000 more than was budgeted. The work includes replacement of a pump motor and cable for Well #5 at a total cost of $60,697. The work on Well #10 includes the replacement of the motor, several sections of column pipe, couplings, bearings, and reconditioning of the pump bowl. The total cost of Well #10 repairs will be $20,373.50. The total for both projects is $81,070.50. Staff recommends Council's approval. APPROVED. 5. Claims (131327 — 131489). APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Barnette asked if there would be any costs for the mill and overlay project to any of the businesses, and whether they had been notified. Jon Haukaas, Public Works Director, answered that there is a cost. This is the first step in the assessment process. At this point, the owners have not been notified, but they will be. Councilmember Bolkcom asked about the numbers for the Fridley Crab House Music Cafe. William Burns, City Manager, said the food was 52% and the liquor was 37% of sales so they did meet the requirement. MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2007 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Robert Koran, 6759 Centerville Road, spoke for Mr. Xiong Zheng of 1632 Rice Creek Road. He stated that he is president of the Twin Cities Concourse Racing Pigeon Association. Many people have not heard of racing pigeons and are not familiar with them. In the Twin Cities area, there are about 120 people participating in this sport. There are ordinances in the state and in many of the surrounding areas, that limit the number of pigeons, how you take care of them, how you race them etc. He asked Council to look at the ordinances from the surrounding area along with an 11 minute video regarding the sport of racing pigeons. Mr. Zheng has contacted his neighbors and they do not have any problems with him racing pigeons. Councilmember Barnette asked how this would apply to livestock and if it would fit into the category. Fritz Knaak, City Attorney, said he would look into the item and get back to Council. Mr. Koran presented photographs, a video and a list of petitioners to Mayor Lund. Councilmember Barnette asked how many pigeons Mr. Zheng would be housing. Mr. Koran said he would have several teams of pigeons which could be anywhere from 50 to 100 pigeons depending on the size of the storage facility. The building has to conform with the amount of pigeons you house. He asked how long before this would appear on another agenda. Councilmember Bolkcom stated that this would not likely happen at the next Council meeting and it could take some time. Mayor Lund stated that a license has already been approved for Mr. Xiong Zheng under a livestock ordinance. MOTION by Councilmember Bolkcom to remove the licenses for further consideration that were approved in the consent agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to put this license on as an additional agenda item. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2007 PAGE 5 NEW BUSINESS: 7. Livestock License for Mr. Xiong Zheng (Removed from Consent Agenda). William Burns, City Manager, stated that this item should not have been on the agenda and they should have asked for removal of the item before the consent agenda was approved. The Community Development Director is concerned with the number of birds on the site. Staff would like to see this brought back at a later date. Councilmember Bolkcom mentioned that she recalled something like this being brought before Council a while ago but not with this large of numbers. Dr. Burns stated that staff is concerned about licensing that many birds on a residential property. MOTION by Councilmember Bolkcom to approve the licenses excluding the livestock license. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to table the livestock license until a future date. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Informal Status Reports. Councilmember Bolkcom stated that the Earth Day Celebration did not have a tremendous crowd, but those who attended enjoyed themselves. There was a lot of good information on rain gardens and recycling, and the Lions served great food. Councilmember Bolkcom asked if there were any trees left for purchase. Mr. Haukaas answered that there were a few trees left, but they need to be planted soon. Councilmember Bolkcom announced that the Star Gazers event is on Saturday, May 5. Mayor Lund stated that the Historical Society is having their annual fundraiser dinner on Saturday, Apri128, at 5:00 p.m. at Broadway Pizza in the lower level. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2007 PAGE 6 ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:15 P.M. Respectfully Submitted by, Krista J. Monsrud Scott Lund Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING APRIL 18, 2007 CALL TO ORDER: Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 p.m. MEMBERS PRESENT: Diane Savage, Jack Velin, Leroy Oquist, David Kondrick, Dean Saba, Larry Kuechle, Brad Dunham OTHERS PRESENT: Stacy Stromberg, City Planner Julie Jones, Planning Manager Dick Carlson, Park Construction Larry Marofsky, Attorney for Barry Hoosline Barry Hoosline, Sam's Auto Parts APPROVE OF MINUTES: Approval of March 7th, 2007 Planning Meeting minutes MOTION by Commissioner Saba to approve the minutes as submitted. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #07-03, by Richard Carlson for Park Construction Property, to replat multiple parcels to create two lots, to allow the petitioner to continue to develop and use the property for their construction business, generally located at Beech Street NE. 2. PUBLIC HEARING: Consideration of a vacation, SAV #07-01, by Richard Carlson for Park Construction Property, to vacate portions of Ely Street, Liberty Street, Longfellow Street, and the alleys located between Ely Street and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79th Avenue that are not used by the general public. Vacation of these streets and alleys will allow the petitioner to continue to develop and use the property for their construction business. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Oq u ist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Stacy Stromberg, Planning Coordinator, stated the petitioner, Dick Carlson of Park Construction Company, is seeking to vacate portions of Ely Street, Liberty Street and Longfellow Street, and Longfellow Street and 79th Avenue that are not used by the general public. Vacation of these streets and alleys will allow the petitioner to continue to develop and use the property for their construction business located at 30 81st Avenue NE. The petitioner is also seeking to replat multiple parcels with the vacated streets and alleyways to create two lots. Ms. Stromberg stated that the pie shaped area between the railroad tracks to the west and the previously owned Park Construction is made up of many small parcels. Over the years, many of the lots have gone tax forfeit and the Carlson family has acquired them. As you will recall in 2004, Mr. Carlson received preliminary plat approval to replat the northern lots into one lot. This allowed Park Construction to develop the property, by constructing an office/warehouse building, which got their business up and running. In 2004, Mr. Carlson also received approval to vacate the street and alleys that were encompassed within Lot 1. At that time, the Carlson's owned a majority of the parcels and were in the process of obtaining the remaining parcels from the Metro Waste Commission and a private party. The City Council approved the preliminary plan and vacation on August 23, 2004. Ms. Stromberg stated that in early 2005, Mr. Carlson informed staff that they had purchased the remaining lots from the private party and the Metro Waste Commission was interested in selling their lots. Purchasing the lots from the Metro West Commission would however take some time since the Commission first had to get the lots appraised and then they would put them up for public sale. Because Mr. Carlson was so close to obtaining the remaining lots within the pie shaped area, staff advised Mr. Carlson to hold off on pursuing final plat approval for the northern lot and wait until he has ownership of all the lots to apply for a preliminary plat for the entire pie shaped area. At that time, Mr. Carlson would then also be able to request a vacation for the remaining streets and alleyways. Ms. Stromberg stated that at the end of 2006, Mr. Carlson contacted City staff to say that the transactions to purchase the lots from the Metro Sewer Board have finally been completed and he now is the owner. As a result, he is requesting the current preliminary plat request for Lots 1 and 2 of Park Shop and the corresponding street and alley vacations. Ms. Stromberg stated that the streets or the alleyways could not be connected through because of the railroad tracks to the west and the private property located to the east. Current Public Works staff has indicated that there is no longer a reason to keep these right-of-ways. Since there are no other neighboring property owners after by this request, the petitioner is the only one required to sign off on the vacation. Ms. Stromberg stated that City Staff recommends the approval of the street vacation with stipulations as streets and alleys can't be connected through. City Staff also recommends approval of the replat request, with stipulations as the replat will allow the petitioner to develop and utilize the property. Staff recommends that if the vacation and plat is granted, the following stipulations be attached. 1. Utility easement as required by the Metropolitan Council to be shown and dedicated on final plat. 2. All parking and drive areas to be paved per City Code requirements, except for the area tracked vehicle parking that was approved with VAR #04-11. 3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be required along those property lines abutting public right-of-way. Landscape plan to be submitted and approved by City staff prior to installation of landscaping. 4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor storage and without a principal structure, the final plat should show one lot instead of two. Commissioner Kuechle asked what the acreage or square footage of the lots were. Ms. Stromberg answered that Lot 1 is 3.96 acres and Lot 2 is 3.84 acres for a total of 7.79 acres. Commissioner Kuechle asked what the smallest lot size was for this zoning district. Ms. Stromberg replied that 1.5 acres was the minimum lot size requirement. Commissioner Savage asked if staff has received any calls regarding this request. Ms. Stromberg replied no. Dick Carlson, Park Construction, stated that his business has been in the village since 1970 and that he has been trying to obtain these last two parcels for 35 years. This area consists of many parcels and he has been buying them as they come up for sale over a period of time. Last year he was finally able to buy the last two lots. He has been working with the City's Planning staff throughout this process and continues to be a good neighbor. Park Construction is a good business and has always adhered to the requests of the city. Commissioner Savage asked if Mr. Carlson had any problems with the stipulations. Mr. Carlson replied no. He added that with the Burlington Northern Railroad on the west side, he is aware of a 20" high pressure gas main being installed and he will not be able to plant in that area until after the installation is complete. There will be landscaping in the area after the gas main construction is finished and the slope is done. Commissioner Oquist asked when the gas main construction would be finished. Mr. Carlson answered that the construction was to be finished last fall and it is still not complete and is not sure when the installation will be finished. Commissioner Kondrick stated that he thought the construction should be completed late this year. He asked Mr. Carlson if the construction would conflict with his plans for developing the property. Mr. Carlson replied no. The gas main construction is along a 55' easement and it would not affect the building plans. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:46 P.M. Commissioner Kuechle stated that it would be good to consolidate this area to make one continuous block. MOTION by Commissioner Oquist to approve the consideration of a Preliminary Plat, PS #07-03, by Richard Carlson for Park Construction Property, to replat multiple parcels to create two lots, to allow the petitioner to continue to develop and use the property for their construction business, generally located at Beech Street NE with the stipulations listed below. Seconded by Commissioner Velin. MOTION by Commissioner Oquist to approve the consideration of a Vacation, SAV #07-01, by Richard Carlson for Park Construction Property, to vacate portions of Ely Street, Liberty Street, Longfellow Street, and the alleys located between Ely Street and Liberty Street, Liberty Street and Longfellow Street, And Longfellow Street and 79th Avenue that are not used by the general public. Vacation of these streets and alleys will allow the petitioner to continue to develop and use the property for their construction business with the stipulations listed below. Seconded by Commissioner Kuechle. 1. Utility easement as required by the Metropolitan Council to be shown and dedicated on final plat. 2. All parking and drive areas to be paved per City Code requirements, except for the area tracked vehicle parking that was approved with VAR #04-11. 3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be required along those property lines abutting public right-of-way. Landscape plan to be submitted and approved by City staff prior to installation of landscaping. 4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor storage and without a principal structure, the final plat should show one lot instead of two. This matter will go before the City Council on May 7th, 2007. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 3. PUBLIC HEARING: Consideration of a Rezoning, ZOA #07-01, by Barry Hoosline, for Sam's Auto Parts, to rezone the properties at 7340 Central Avenue and 1240 73 1/2 Avenue from C-1, Local Business to M-1, Light Industrial. 4. PUBLIC HEARING: Consideration of a Special Use Permit, SP #07-01, by Barry Hoosline, for Sam's Auto Parts, to allow an auto recycling center (junk yard), in M-1, Light Industrial zoning district, generally located at 7340 Central Avenue and 1230 73 1/2 Avenue. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:47 P.M. Julie Jones, Planning Manager, stated that the petitioner, Barry Hoosline, owner of Sam's Auto Parts, is seeking a rezoning of his business, generally located at 1240 - 73'h Avenue, to change the zoning of the parcel located at 7340 Central Avenue from C-1, Local Business, to M-1, Light Industrial zoning district. Also requested is a special use permit to allow his automobile recycling business to continue in an M-1, Light Industrial zoning district. Ms. Jones stated that City zoning map had 1240 — 73'h Avenue parcel noted as C-1, but it was rezoned to M-1 in 1976. The corner parcel at 7340 Central is zoned C-1 and the petitioner must have the corner parcel rezoned to M-1 zoning in order to qualify for a special use permit to continue his auto recycling business. C-1, Local Business District zoning has no special use permit allowance for an auto recycling business. Ms. Jones stated that City records indicate that the Sam's Auto Parts business originated on the 1240 73 'h Avenue parcel and expanded from that parcel with no applications made to the City. Staff discovered the lack of special use permit last year when reviewing records for annual junkyard license renewal, because the city had ongoing code enforcement issues. The owner then agreed to apply for the special use permit and rezoning. Ms. Jones stated that all four parcels guided in the 2020 Comprehensive Plan for redevelopment and the statute gives authority to rezone in conformance with the Comprehensive Plan. The double frontage situation causes these parcels to be better utilized for less intensive building development. The significant level of outdoor storage was viewed as an inefficient land use and unsightly. Allowing continuance of this use is contrary to Plan and rezoning of corner lot at 7340 Central was not specifically addressed in the Comprehensive Plan. Ms. Jones stated that Staff recommends that maintaining a C-1, Local Business, buffer between the auto recycling use and residential properties across Central Avenue is most appropriate. The petitioner is also requesting a special use permit to continue the auto recycling center use. M-1, Light Industrial zoning allows this use with a special use permit, provided requirements pertaining to drainage, pollution control, parking, screening, and annual license are met. Ms. Jones stated that 1240 73'h Avenue parcel was granted a special use permit, SP#75-29 to allow the storage and sales of dismantled parts for antique and classic cars, excluding any dismantling operation, restoration, or baling on the premises. Later in 1976, file records show the Sam's Auto Parts business was established. 7340 Central (corner) parcel was granted special use permit, SP#87-01 to allow exterior storage of landscaping materials and equipment. SP #87- 01 was not transferable. Ms. Jones stated that the petitioner's plan is to install curb and gutter within 5' of the property line on all sides and right up to buildings, install a storm water pond in southwest corner, remove three buildings west of sales office building and remove the fence near these buildings and install new landscaping around the pond and site perimeter. The site plan does not address several issues, including the setback of the old gas station building (only 24.5' from front property line), the house setback (only 11' from rear property line), the existing east parking area (only 5' from east property line), rusted metal shed next to house which needs to be removed, correction of outside storage violations and storage ofjunk vehicles outside the fence. Ms. Jones stated that Staff is concerned that there is likely soil contamination on site, which needs to be investigated before the site is paved over. Currently it is unclear if they meet the landscaping requirements. There is no mention on plan of correcting longstanding water/sewer connection problems on the site. Ms. Jones stated that City Staff recommends denial of rezoning request ZOA #07-01, to rezone 7340 Central Avenue from C-1, Local Business, to M-1, Light Industrial, noting the following reasons: 1. Proposed rezoning is not consistent with the Comprehensive Plan. 2. Proposed rezoning would negatively impact the residential properties across Central Avenue. 3. Double frontage parcel does not allow adequate screening of outdoor intensive industrial use. Ms. Jones stated that City Staff also recommends denial of special use permit request SP #07- 01, to allow an automobile recycling center in a M-1 zoning district, noting the following facts: 1. Proposed site plan does not meet code required curbing, paving, or building setbacks on any of the four parcels involved. 2. Proposed site plan does not include plans to remove all substandard buildings on the site. 3. Proposed site plan does not include plans to remove fence height and setback nonconformities or variance request. Ms. Jones stated that Staff recommends that if either of these land use requests are granted, the following stipulations be attached: 1. Property owner conduct soil testing and provide City and other applicable government authorities proof of clean soils prior to installation of any new impervious surface on any of the parcels involved in this application. 2. Property owner to file necessary documents with Anoka County to combine the four parcels for tax purposes. 3. The single family home, garage, and numerous accessory buildings in disrepair at 1240 73'h Avenue and 7340 Central Avenue be removed. 4. Petitioner to obtain approval of grading and drainage plan from the watershed district. 5. Petitioner to obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 6. Petitioner to obtain all necessary permits prior to construction. 7. Site Plan needs to be adjusted to provide code required curbing/paving installation setbacks. 8. Petitioner to meet all building and fire code requirements. 9. City Engineering staff to review and approve final grading and drainage plan prior to issuance of permits. 10. Storm pond maintenance agreement must be filed prior to issuance of land alteration permit. 11. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 12. Final landscape plan to be reviewed and approved by City Staff prior to issuance of land alteration permit. 13. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. Property owner of record at time of land alteration to correct any deficiencies in the water and sewer connections to the buildings on site. 15. Secondary access curb cuts and gates in fence on Lot 16 and 17 on 73'h Avenue must be removed as part of redesigned site plan. 16. Any business signs that are not approved currently by a sign permit must be removed from the site until a permit is obtained. 17. Petitioner to reduce screening fence height to 8' or obtain variance. Ms. Jones stated that if the City denies the petitioner's request for rezoning and a special use permit, the business must be removed. Staff is recommending allowing the petitioner one year to vacate the site and is further recommending that the conditions for site vacation enumerated on p. 6 of the staff report be considered by the City Council if Council moves to deny. This item is scheduled to be reviewed by the City Council on May 7, 2007. Commissioner Savage asked what the City's position was on auto salvage yards and if they were permitted. Ms. Jones replied that they are permitted in the correct zoning, M-1 and M-2 with a special use permit. Commissioner Savage asked what the definition of a junk yard was. Ms. Jones answered that the zoning code uses the terms junk yard and auto recycling center interchangeably as being the same. The definition states Junk Yard (automobile recycling center) is an open area where waste and used materials are bought, sold, exchanged, stored, packed, disassembled or handled as the principal use including scrap iron and other metal, paper, rags, rubber, wire, and bottles. A junk yard includes an automobile wrecking or salvage yard but does not include uses that are entirely within an enclosed building or City Council approved Recycling Centers. Commissioner Kuechle asked if it would be acceptable to keep the 7340 Central Avenue property as commercial and sell the auto parts out of that area. Would that be acceptable use or would that be outside of the code? If no dismantling operations were done from the 7340 Central Avenue lot, it could be used as a store front. Ms. Jones answered that there were so many issues with the existing building that it is not in compliance with the set back and the parcel does not meet minimum size lot requirements for a C-1 zoning. Commissioner Saba asked what the minimum requirements were in the maintenance code. Ms. Jones replied that the current lot size is 19,547 square feet and 20,000 is the minimum lot requirement. Commissioner Saba asked how these issues were addressed in our maintenance code and if the building is in need of repair. He also asked the business was in violation of any city codes. Ms. Jones answered that building code issues and the violations are difficult to prove the way the city code is written. The properties are probably in non-compliance on many codes. Commissioner Saba asked if any of the violations would be grandfathered in as they currently are and could remain as is. Ms. Jones answered that they could remain as is but in the case where they are asking for a special use permit, things would need to be brought up to code. The specific language in the junk yard section of the M-1 zoning states that they would have to bring everything up to code. Commissioner Dunham asked when the auto recycling business started. Ms. Jones replied that staff was not sure. Once approvals were done in 1976, Sam's Auto Recycling at some point put up a fence around the business and staff could not see what was going on. In the consideration for the special use permit of the classic and antique car parts there was a discussion for them not being allowed to put in fencing. Commissioner Savage asked if there has been any feedback from neighbors. Ms. Jones replied no. Larry Marofsky, Attorney for Mr. Hoosline, stated that it has been a difficult job going through this information. He had a discussion with staff to straighten out the information, look at the request for rezoning and special use permit and variance. Mr. Hoosline purchased this property 17 1/2 years ago and is currently conducting an auto recycling center. Mr. Hoosline did not investigate whether or not the appropriated permits were given to conduct this business. Over the years, Mr. Hoosline has received notices and corrected any problems that have occurred. Mr. Hoosline has a junk yard license for this year and has been up to date on all permits. Mr. Marofsky noted that under the photo on the first page of the staff report the name of the business is Sam's Auto World, which is incorrect. Mr. Marofsky addressed some of the issues from the staff report. Mr. Hoosline has not indicated doing anything wrong. When staff brought this to his attention, that there was no special use permit for this use, after investigation we found that was correct and came forth to apply for the proper permits. Now Mr. Hoosline is trying to resolve the issues. The house at 7340 Central Avenue was build prior to 1949 and does not meet set backs. This house should be grandfathered into the code. If this zoning request does not go though, the house will stay there. Mr. Marofsky does not think staff has the authority to remove a building that has been grandfathered into the code requirements. The fence has various heights and is in excess of 8'. The special use permit requires a fence of at least 8'. Mr. Hoosline has no problem replacing the fence but would ask for a variance for a 10' fence and they would comply. Even a standard wire fence that is 8' high with the additional canted top with wires to raise the fence to 10' would all come down and an 8' fence or higher would be installed if desired. There has been talk about what an adequate buffer would be. There is no buffer that would be adequate. The properties around Sam's Auto Parts look to be developed after the industrial properties were already there. Mr. Marofsky is not sure there is a need for a buffer in this area. Mr. Hoosline would like to bring the property in full conformance with the ordinances and meet the requirements of the special use permit. Mr. Marofsky stated that there was mention that a junk yard was inefficient land use of this property. This is a double frontage property and there are very little businesses that will ever fit on this parcel that will meet the requirements of the city. This property has double frontage, setback requirements, parking requirements, what industrial use could make better efficient use of the property than the business that is currently there. This business has been there a long time, it is a small lot. Mr. Marofsky stated that he did look at the Comprehensive 2020 Plan and he did not recall anything that said the land between 73rd and 73'h Avenue should be redeveloped. He did see something that said areas designed for redevelopment which included all the land from between the railroad tracks up through the northern city limits. This would include all of the auto recycling centers. The Comprehensive Plan also talks about diversity to include people of all economic ranges living in the city. People who need auto parts would like to have them available near by. Even the City Mayor has asked Mr. Hoosline how to get rid of used tires. Mr. Hoosline pays 65 cents per tire and informed the Mayor who is buying them from him. The city doesn't want to get rid of this; there are benefits of auto recycling centers. People do drop off vehicles on the lot of the recycling centers but if Sam's Auto Parts is not there, people will still dump the cars somewhere, like the business across the street or leave it abandon on the city street. Where does the City tow abandoned cars? They are ordered to be towed to Sam's Auto or another auto recycling facility in Fridley. Mr. Marofsky stated that if the city is asking Mr. Hoosline to remove the buildings if they are not brought into conformance to be torn down, is a little harsh. Currently Mr. Hoosline is in full compliance to run the current business. They will comply with the stipulations if this is granted. Staff did not suggest any reason why they are recommending denial of this request so Mr. Marofsky is asking the Planning Council to grant approval of the request. Commissioner Savage asked if the soil testing would be a problem. Mr. Marofsky answered that would not be a problem. The soil has never been tested for any oil spills and Mr. Hoosline would be willing to have the tests done. Mr. Hoosline constantly maintains a hard base of class 5 dirt and has not been sited for hazardous spills. Commissioner Savage commented that a large portion of the business is surrounded by fence and where the fence separates, it is not a beautiful site behind the fence. Mr. Marofsky answered that behind the fence is a junk yard and that is why the city would want a fence around the property so it is not visible from the outside. Cameras can be installed to prevent crime. Commissioner Velin asked about the house on the corner and if they would tear down that house. There is a lot of stuff leaning on the back of the house that would need to be relocated. Mr. Marofsky stated that the house would be torn down and a new fence installed, the shed would also be torn down. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:46 P.M. Commissioner Savage commented that she would have to deny this request for the reasons cited in the staff report. The property does not comply with the Comprehensive Plan, there are problems with the zoning and she would like to see more of a positive image along Central and 73rd. Staff stated that this business includes dismantling of auto parts which is not allowed on the site. She would like to see this area improved for city residents and in line with the Comprehensive Plan. This site would not be best for the future of Fridley. Commissioner Oquist agreed with Commissioner Savage and was concerned with the effect it would have on the environment. Commissioner Dunham stated that this has been going on longer than it should have. He does not have a problem with the M-1 zoning but the auto recycling was never part of the original plan. Commissioner Velin stated that this business has been in business for 17 1/2 years. He thought the city should give them a chance to bring the property up to code and stay in business. Commissioner Saba agreed with Commissioner Velin. This is an opportunity to improve this property and bring it up to code. Give the business a chance to survive as any business open for 17 1/2 years is part of Fridley. This is an opportunity to remedy the situation. Commissioner Kuechle agreed that this is a long standing business and with knowledge Mr. Hoosline bought the business assuming that the special use permit was covering what he was doing. It would not be fair to put him out of business. Yes, we would rather not have junk yards in Fridley, but these are necessary functions in society and we cannot have someone else take care of this type of business. This business has a valid place in society so if they can keep it under control, it would be okay. Commissioner Kondrick agreed with Commissioner Kuechle and added that maybe more stipulations need to be added to make this a business that we are proud to have in Fridley. If Mr. Hoosline is willing to comply with the stipulations, staff would need to make sure they conform and schedule regular inspections. MOTION by Commissioner Kondrick to approve the consideration of a Rezoning, ZOA #07-01, by Barry Hoosline, for Sam's Auto Parts, to rezone the properties at 7340 Central Avenue and 1240 73 1/2 Avenue from C-1, Local Business to M-1, Light Industrial. Seconded by Commissioner Oq u ist. UPON A VOICE VOTE, 4 ALL VOTING AYE (COMMISSIONER KONDRICK, COMMISSIONER KUECHLE, COMMISSIONER VELIN, COMMISSIONER SABA), 3 VOTING NAY (COMMISSIONER SAVAGE, COMMISSIONER OQUIST, COMMISSIONER DUNHAM), CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. MOTION by Commissioner Kondrick to approve the consideration of a Special Use Permit, SP #07-01, by Barry Hoosline, for Sam's Auto Parts, to allow an auto recycling center Qunk yard), in M-1, Light Industrial zoning district, generally located at 7340 Central Avenue and 1230 73 1/2 Avenue. Seconded by Commissioner Velin. UPON A VOICE VOTE, 4 ALL VOTING AYE (COMMISSIONER KONDRICK, COMMISSIONER KUECHLE, COMMISSIONER VELIN, COMMISSIONER SABA), 3 VOTING NAY (COMMISSIONER SAVAGE, COMMISSIONER OQUIST, COMMISSIONER DUNHAM), CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 5. Receive the minutes of the January 9, 2007, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 6. Receive the minutes of the February 5, 2007, Parks and Recreation Commission Meeting. MOTION by Commissioner Kondrick receive the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated that the City Manager wanted to remind the Commissioner's to fill out their Council/Commission surveys and hand them in. ADJOURNMENT: MOTION by Commissioner Kondrick to adjourn the meeting. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 8:56 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF MAY 7, 2007 May 2, 2007 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Vacation Request, SAV #07-01, Richard Carlson for Park Construction M-07-13 INTRODUCTION The petitioner, Richard Carlson of Park Construction Company, is seeking to vacate portions of Ely Street, Liberty Street, Longfellow Street, and the alleys located between Ely Street, and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79th Avenue that are not used by the general public. Vacation of these streets and alleys will allow the petitioner to continue to develop and use the property for their construction business. PLANNING COMMISSION RECOMMENDATION At the April 18, 2007, Planning Commission meeting, a public hearing was held for SAV #07-01. The Planning Commission recommended approval of vacation request, SAV #07-01, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on �nal plat. 2. All parking and drive areas to be paved per City Code requirements, except for the area for tracked vehicle parking that was approved with VAR #04-11. 3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be required along those property lines abutting public right-of-ways. Landscape plan to be submitted and approved by City staff prior to installation. 4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor storage and without a principal structure, the final plat should show one lot instead of two. City of Fridley Land Use Application SAV #07-01 & PS #07-03 April 18, 2007 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Richard Carlson 2931 Linden Drive St. Paul MN 55112 Requested Actions: Vacate unimproved portions of Ely Street, Liberty Street, Longfellow Street, and the alleys located between the above mentioned streets. Replat multiple parcels to create two lots. Existing Zoning: M-3, Outdoor Intensive, Heavy Industrial Location: 30 81St Avenue — corner of 81St Avenue and Hickory Street Size of Property: 339,632 sq. ft. 7.79 acres Existing Land Use: Park Construction building and outdoor storage related to business. Surrounding Land Use & Zoning: N: Dahke Trailer Sales & M-3 E: X-tra Lease & M-3 S: Industrial & S-3 W: Railroad & RR Comprehensive Plan Conformance: Consistent with Plan. Property History: 2004 — Received preliminary plat approval for Lot 1. — delayed final plat request to acquire more parcels. 2004 — Variance granted to allow a portion of the parking lot to remain gravel for the purpose of storing tracked vehicles. 2004 — Building constructed. Legal Description of Property: See Attached Certificate of Survey. Public Utilities: Building is connected. Transportation: 81St Avenue and Hickory Street provide access to the property. Physical Characteristics: Parcels to the north house a building, hard surfaced areas, outdoor storage and landscaping. Parcels to the south are vacant, cleared land with outdoor storage. SUMMARY OF REQUEST The petitioner, Mr. Carlson is seeking to vacate portions of Ely Street, Liberty Street, Longfellow Street, and the alleys located between Ely Street, and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79tn Avenue that are not used by the general public. Vacation of these streets and alleys will allow the petitioner to continue to develop and use the property for their construction business. The petitioner is also seeking to replat multiple parcels with the vacated streets and alleyways, to create two lots, which will allow the petitioner to continue to use and develop the property generally located at 30 81St Avenue NE. SUMMARY OF ANALYSIS City Staff recommends approval of the street vacation, with stipulations. Due to the following factors: • Streets and alleys can't be connected through. City Staff recommends approval of the replat request, with stipulations. • Replat will allow the petitioner to develop and utilize property. CITY COUNCIL ACTION / 60 DAY DATE City Council — May 7, 2007 60 Day Date — May 14, 2007 Staff Report Prepared by: Stacy Stromberg SAV #07-01 & PS #07-03 REQUEST The petitioner, Richard Carlson of Park Construction Company, is seeking to vacate portions of Ely Street, Liberty Street, Longfellow Street, and the alleys located between Ely Street, and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79th Avenue that are not used by the general public. Vacation of these streets and alleys will allow the petitioner to continue to develop and use the property for their construction business. The petitioner is also seeking to replat multiple parcels with the vacated streets and alleyways, to create two lots, which will allow the petitioner to continue to use and develop the property generally located at 30 81St Avenue NE. HISTORY The pie shaped area (shown on the next page) between the railroad tracks to the west and the previously owned Park Construction site at 7900 Beech Street to the east, which is currently Ryan Companies and Xtra Lease, is made up of many small parcels. Over the years many of the lots have gone tax forfeit and the Carlson family has acquired them. As you will recall in 2004, Mr. Carlson received preliminary plat approval to replat the northern lots into one lot. This allowed Park Construction to develop the property, by constructing an office/warehouse building, which got their business up and running. In 2004, Mr. Carlson also received approval to vacate the street and alleys that were encompassed within Lot 1. At that time, the Carlson's owned a majority of the parcels and were in the process of obtaining the remaining parcels from the Metro Waste Commission and a private party. The City Council approved the preliminary plat and vacation on August 23, 2004. In early 2005, Mr. Carlson informed staff that they had purchased the remaining lots from the private party and the Metro Waste Commission was interested in selling their lots. Purchasing the lots from the Metro Waste Commission would however take some time since the Commission first had to get the lots appraised and then they would put them up for sale. Because Mr. Carlson was so close to obtaining the remaining lots within pie shaped area, staff advised Mr. Carlson to hold off on pursing final plat approval for the northern lot and wait until he has ownership of all the lots to apply for a preliminary plat for the entire pie shaped area. At that time, Mr. Carlson would then also be able to request a vacation for the remaining streets and alleyways. At the end of 2006, Mr. Carlson contacted City staff to say that the transactions to purchase the lots from the Metro Sewer Board has finally been completed and he now is the owner. As a result, he is requesting the current preliminary plat request for Lots 1 and 2 of Park Shop and the corresponding street and alley vacations. ANALYSIS As stated above, the petitioner is requesting a preliminary plat to replat multiple small parcels into two lots. Lot #1 (shown in green) is currently occupied by an office/warehouse building for Park Construction, hard surface areas, outdoor storage of construction vehicles and equipment and landscaping. Lot #2 (shown in blue) is currently being occupied with the outdoor storage of materials of Park's construction business. The portions of Ely Street, Liberty Street and Longfellow Street proposed to be vacated (shown in yellow) are located directly east of the Burlington Northern railroad tracks. The alleyways proposed to be vacated (shown in yellow) are located between Ely Street and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79th Avenue, east of the railroad tracks. If the vacations of the streets and alleys are granted, the petitioner would gain ownership of all of them and they would be encompassed within Lots #1 and #2. The streets or the alleyways could not be connected through because of the railroad tracks to the west and the private property located to the east. Current Public Works staff has indicated that there is no longer a reason to keep these right-of-ways. Since there are no other neighboring property owners affected by this request, the petitioner is the only one required to sign off on the vacation. � Park Shop Plat Green — Lot 1 Blue — Lot 2 Red — Portion of street and alley already vacated Yellow — Street and alleys proposed to be vacated RECOMMENDATION City Staff recommends approval of the street vacation, with stipulations. ■ Streets and alleys can't be connected through. City Staff recommends approval of the replat request, with stipulations. ■ Replat will allow the petitioner to develop and utilize property. STIPULATIONS Staff recommends that if the vacation is granted, the following stipulations be attached. 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. All parking and drive areas to be paved per City Code requirements, except for the area for tracked vehicle parking that was approved with VAR #04-11. 3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be required along those property lines abutting public right-of-ways. Landscape plan to be submitted and approved by City staff prior to installation. 4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor storage and without a principal structure, the final plat should show one lot instead of two. RESOLUTION NO. RESOLUTION TO VACATE PORTIONS OF ELY STREET, LIBERTY STREET, LONGFELLOW STREET, AND THE ALLEYS LOCATED BETWEEN ELY STREET AND LIBERTY STREET, LIBERTY STREET AND LONGFELLOW STREET AND LONGFELLOW STREET AND 79TH AVENUE, GENERALLY LOCATED AT 30 81ST AVENUE NORTHEAST. WHEREAS, these portions of Ely Street, Liberty Street, Longfellow Street and the alley ways between Ely Street and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79�' Avenue are unimproved right-of-ways and are not used by the general public; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep these unimproved right-of-ways; and WHEREAS, a public hearing was held on this matter by the Planning Commission on April 18, 2007, and the City Council on May 7, 2007. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: 1. Ely Street Vacation Le�al Description: That part of the south half of Ely Street, formerly Roosevelt Avenue, as dedicated in "Spring Brook Park, Anoka County, Minn." According to the recorded plat thereof and situate in Anoka County, Minnesota lying easterly of Burlington Northern, Inc. (formerly Northern Pacific Railroad) easterly right-of-way line, and westerly of the northerly extension of the west line of Lot 33, Block 12, said "Spring Brook Park, Anoka County, Minn." 2. Libertv Street Vacation Le�al Description: That part of Liberty Street, formerly Liberty Avenue, as dedicated in "Spring Brook Park, Anoka County, Minn.", according to the recorded plat thereof and situate in Anoka County, Minnesota lying easterly of Burlington Northern, Inc. (formerly Northern Pacific Railroad) easterly right-of-way line. 3. Lon�fellow Street Vacation Description: That part of Longfellow Street, formerly Longfellow Avenue, as dedicated in "Spring Brook Park, Anoka County, Minn.", according to the recorded plat thereof and situate in Anoka County, Minnesota lying easterly of Burlington Northern, Inc. (formerly Northern Pacific Railroad) easterly right-of-way line. 4. Block 12 Allev Vacation Description: That part of the south half of the public alley in Block 12, as dedicated in "Spring Brook Park, Anoka County, Minn.", according to the recorded plat thereof and situate in Anoka County, Minnesota lying easterly of Burlington Northern, Inc. (formerly Northern Pacific Railroad) easterly right-of-way line, and that part of the north half of said public alley lying easterly of said easterly right-of-way line and westerly of the southerly extension of the west line of Lot 33, said Block 12. 5. Block 5 Allev Vacation Description: That part of the public alley in Block 5, as dedicated in "Spring Brook Park, Anoka County, Minn.", according to the recorded plat thereof and situate in Anoka County, Minnesota lying easterly of Burlington Northern, Inc. (formerly Northern Pacific Railroad) easterly right-of-way line. 6. Block 4 Allev Vacation Description: That part of the public alley in Block 4, as dedicated in "Spring Brook Park, Anoka County, Minn.", according to the recorded plat thereof and situate in Anoka County, Minnesota lying easterly of Burlington Northern, Inc. (formerly Northern Pacific Railroad) easterly right-of-way line. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7t'' DAY OF MAY, 2007. SCOTT LUND - MAYOR ATTEST: DEBRA A. 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I. �� • � � \ I I 1 I I I I I � 7 I I � I I I I I 1 I I 4 I 4 � � _' \ I I I I I I I I � � I I 5 1 I I I:' 1' I I;� I^ �� i7 I 1 . �'� I I I 1 f I I I�� I \ � � I I I 1 I I I � I I � I I I I � I I I I -; I I � � I I I I I I I ' '� -- avtiC .,-. [e�is� � — _ ' ' _ ____ • ':- _ _ _ _ _ _ _ _ _ _ '---i - ---------lS'SLf 3.05;Z0.68�� ------' �\ 0 Z � r z w f � O � K z \ � O O • � W � � �n �o �N N gZ S Z Z a V � _ m > m ZY N Q \� �� a O O N 0 U Z � Q �'. Z? �a � Q N �t., Q ,W• Z W � Z a.n V W "� z W / � qTY OF FRIDLE1f TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MAY 7, 2007 William W. Burns C" Mana er t1i� , �Y 9 � Jon H. Haukaas, Public Works Director Layne 4tteson, Assistant Pubiic Works Director May 7, 2007 ST 2007-2 Mill and Overlay Project PW07-023 The attached resolution accepts the Feasibiiity Report for the 2007 Mill and Overlay Project prepared by City staff. The resolution also establishes a public hearing for the project before the Ciiy Council at its May 21, 2007 meeting. The preliminary assessment list will be presented at this time based on existing City policy. Staff will provide a presentation of the project before the Ciiy Council. The project encompasses primarily finro streets in the City and totals approximately 1.2 miles. The proposed streets are 61St Avenue and 7th Street: Recommend the City Council adopt the resolution to receive the feasibility report and establish a public hearing for the 2007 Mill and Overlay Proje�t to be held on May 21, 2007. JHH:Io Attachment : RESOLUTION RECEIVING THE PRELIMINARY PLANS, SPECIFICATIONS, AND FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: MILL AND OVERLAY PROJECT NO. ST 2007 - 2 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically rehabilitate streets in the City, and WHEREAS, Resolution No. 2007-23 ordered the preliminary plans, specifications, and feasibility report for the improvements in this project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the feasibility report and preliminary plans prepared by the Engineering Department, is hereby received and accepted. Street improvements, including grading, aggregate, hot-mix bituminous pavement, concrete curb and gutter, water and sanitary sewer repairs, storm sewer system, landscaping, and other facilities located as follows: 61StAvenue — University Avenue to 7t" Street 7tn Street — 61 St Avenue to 53rd Avenue 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. 5. That a public hearing be scheduled for May 21, 2007, and that all property owners whose property is liable to be assessed with the making of the improvements and constitute 100 percent of the property owners who will benefit from the improvement be notified of the public hearing under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7th DAY OF MAY 2007. SCOTT J. LUND - MAYOR ATTESTED: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIdLEY T0: FROM: AGENDA ITEM COUNCIL MEETING OF MAY 7, 2007 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOL UTION PROVIDING FOR THE ISSUANCE OF THE CITY'S �1,910,000 GENERAL OBLIGATIONBONDS, SERIES 2007A DATE: May 2, 2007 Attached is the resolution provided to us by our Bond Counsel, Mary Ippel, from the firm of Briggs & Morgan. The resolution is for the sale of $1,910,000 in General Obligation Improvement Bonds. As you will recall, these bonds are being issued to provide funds for the needed street improvements that are part of the City's Street Reconstruction Program. The funds for the repayment of these bonds are being provided by the revenue generated through the general levy as has been done in the past two years. As part of the process of issuing these bonds, the City of Fridley is required to undergo a fairly rigorous financial review process conducted by Moody's Investor Service who acts as our bond rating agency. The outcome of the review by Moody's Investor Services, has not been completed, as of the writing of this memo. As you may recall, the City was downgraded last year to an Aa2 rating. This rating was due to what the rating agency termed, "pressured finances". It appears that this term is due to changing socio/economic demographics of the City and the continuing use of fund balances. We will be able to provide more definitive information when we receive this years report from Moody's. Since the bids are not due until Monday, May 7th, the information from the bidders will not be available until the evening of the Council Meeting. A representative from Ehlers will be present to review the results of the bidding process and answer any questions related to the sale. RDP/me Attachment RESOLUTION NO. 2007 - RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,910,000 GENERALOBLIGATION IMPROVEMENT BONDS, SERIES 2007A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City Council of the City of Fridley, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $1,910,000 General Obligation Improvement Bonds, Series 2007A (the "Bonds" or individually, a"Bond"), pursuant to Minnesota Statutes, Chapters 475 and 429 to finance various improvement proj ects within the City (the "Improvements"); and WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and WHEREAS, the City has retained Ehlers and Associates, Inc, in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Manager, or designee, at the offices of Ehlers, at 11:00 AM. this same day pursuant to the Terms of Proposal established for the Bonds; and WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Minnesota, as follows: Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The City Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. Bond Terms. Ori�inal Issue Date; Denominations; Maturities. The Bonds shall be dated June 5, 2007, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). Book Entry Onl�. s�. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. Upon initial issuance, ownership of the Bonds shall be registered in a bondregister maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the e�tent of the sum or sums so paid. Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subj ect to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. Termination of Book-Entry Onl�. s�. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2008, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturit.� Interest Rate Maturit.� Interest Rate 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Redemption. All Bonds maturing on February 1, 2015, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2014, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subj ect to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Bond Re�istrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: � UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF FRIDLEY $ GENERAL OBLIGATION 1MPROVEMENT BOND, SERIES 2007A Interest Rate Maturit.� Date of Ori�inal Issue CUSIP February 1, June 5, 2007 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOLJNT: The City of Fridley, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2008, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2015, and thereafter, are subj ect to redemption and prepayment at the option of the Issuer on February 1, 2014, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subj ect to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obli�ation. This Bond is one of an issue in the total principal amount of $1,910,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Home Rule Charter of the City and Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on May 7, 2007 (the "Resolution"), for the purpose of providing money to finance various improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2007A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchan�e; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Re�istered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obli�ation. This Bond has been designated by the Issuer as a"qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, statutory or Home Rule Charter limitation of indebtedness. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7Tx DAY OF MAY, 2007. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � � CffY OF FRIDLEY To: From: AGENDA ITEM CITY COUNCIL MEETING OF May 07, 2007 William W. Burns, City Manager Richard D. Pribyl, Finance Director Deb Skogen, City Clerk Date: May 1, 2007 Re: St. Paul Fire Fighters Loca121 Benefit Association, Application for Premise Permit at Fridley Grill LLC dba Pickle Park, 7820 University Avenue NE (Formerly known as the Main Event or Club Array) Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. A Premise Permit application was received from the St. Paul Fire Fighters Local 21 Benefit Association to conduct lawful gambling at Fridley Grille LLC dba Pickle Park located at 7820 University Avenue NE. They currently have a lawful gambling license and conduct lawful gambling at four locations in St. Paul. Staff contacted the Minnesota Gambling Control Board, the Minnesota Department of Public Safety Alcohol and Gambling Division (AGED), and the St. Paul Licensing Department seeking information on this organization. They successfully completed a compliance audit in 2005 and are currently finishing another compliance audit from January. There have been no compliance investigations at the AGED or in the City of St. Paul. At this time staff sees no reason to deny the request. State law requires a resolution from the City Council approving the premise permit. If approved, the premise permit would run in conjunction with their current license. Please find a resolution for the approval of this premise permit. RESOLUTION NO. 2007 - RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR ST. PAUL FIRE FIGHTERS LOCAL 21 BENEFIT ASSOCIATION, AT FRIDLEY GRII,L LLC DBA PICKLE PARK, LOCATED AT 7820 UNIVERSITY AVENUE NE WHEREAS, the City of Fridley has received a copy of an Application for a Minnesota Lawful Gambling Premise Permit from St. Paul Fire Fighters Loca121 Benefit Association; and WHEREAS, the location of the Premise Permit is for Fridley Grill LLC dba Pickle Park at 7820 University Avenue NE, Fridley, Minnesota; and WHEREAS, St. Paul Fire Fighters Local 21 Benefit Association currently holds a state lawful gambling license, which will expire on March 31, 2008, and conducts lawful gambling at four locations in St. Paul, Minnesota; and WHEREAS, the City of Fridley has found no reason to restrict this location for lawful gambling. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Premise Permit Application for the St. Paul Fire Fighters Local 21 Benefit Association, at Fridley Grille LLC dba Pickle Park, located at 7820 University Avenue NE for their current license expiring March 31, 2008. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7� DAY OF MAY 2007. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � AGENDA ITEM CITY COUNCIL MEETING OF MAY 7, 2007 CffY OF FRIDLEI' To: William W. Burns, City Manager From: Deborah Dahl, Human Resources Director Date: May 4, 2007 Re: CHANGE IN EMPLOYER CONTRIBUTIONS FOR INSURANCE This memo is a request for Council Action to approve the agreement reached by staff and the patrol union during mediation on April 17, 2007. BACKGROUND: As I explained to you in my April 20 memo, the patrol union contract for 2007 stated that there could be a re-opener on health insurance if there was a substantial change in the employer contribution. In the 2007 budget, the City Council approved an employer contribution amount of 90% for single health insurance and 70% for family health insurance (figured off of the Base Plan). This was a reduction of 10% for each level from previous years and was an attempt to get the City's contribution in line with other cities. As a result of the reduction and the significant increase in premiums, the patrol union felt the reduction was substantial and made a request to open negotiations. The City met with the union representatives on March 20 and again on April 17 through a formal mediation process with the Bureau of Mediation Services. The City argued that the employer contribution was higher than most cities. Along with the current financial status and rising cost of health insurance, the City could not keep pace with increases. RESULT: The City agreed to a revised contribution as long as the Union agreed to further reduction in dependent contributions for 2008. A tentative agreement was reached, resulting in the attached Memo of Understanding. Both parties agreed to a 93% for single coverage and 73% for dependent coverage beginning June 1, 2007. For 2008, the City contribution would be 95% for single and a 70% for dependent coverage. The cost for the increase for 2007 will be approximately $3,700 for the patrol union. Since the City has traditionally provided a"me-too" arrangement for insurance, staff will be recommending to Council to agree to increase the contribution for all groups, which would result in a cost of about $15,000 for all groups in 2007. Memo to William W. Burns May 4, 2007 Page 2 In addition, both parties agreed this increase would only affect the base and high options, not the HRA plan or VEBA contributions. This agreement would also not affect the cash option. As an incentive to attract people into the HRA/VEBA, the insurance carriers agreed to allow employees to move into the HRA/VEBA plan but not move between the other plans. If approved, the final rates would be as follows: BASE PLAN Single Family HIGH OPTION Single Family Monthly Premium 472.45 1,361.50 511.77 1,474.81 Employer Cost 439.38 993.89 439.38 993.89 Employee Cost 33.07 367.61 THE UNION'S RESPONSE: Union members met and voted 15-10 in favor of the Agreement. 72.39 480.92 ACTION NEEDED: Staff recommends Council support the Agreement and approve the following motions: MOTION 1: Approve the Agreement reached between City and L.E.L.S. Local 119 in the attached Memo of Understanding, effective June 1, 2007. MOTION 2: Approve the same increase to the employer contributions for all other employee groups in the City, effective June 1, 2007. I would be available to come to the pre-Council meeting on May 7, 2007 to discuss this in greater detail as well as in the regular Council meeting. Thank you. DKD Attachments MEMORANDUM OF UNDERSTANDING June 1, 2007 This Memorandum of Understanding is entered into between the City of Fridley (City) and Law Enforcement Labor Services, Inc. Local 119 (Union) as a result of the agreement to re-open negotiations on Article 17 if substantial changes were made toward health insurance contributions in 2007. Both the City and Union agree to increase the employer contributions toward health insurance for the Base and High Option Plans only, effective June 1, 2007 through Dec. 31, 2008. This memorandum of understanding will continue in full force and effect into the successor collective bargaining agreement, which will be effective Jan. 1, 2008. This agreement will not affect the employer contribution toward the HRA/VEBA, the cash option or annual leave option. The City and Union agree, however, to allow employees to enroll into the HRA/VEBA option mid-year, effective June 1, 2007. The contract will include the following amendments: Article 17. Insurance 17.1 a. Beginning June 1, 2007, for Employees who choose single coverage for the Base or High Option Plans, the Employer will contribute up to $439.38 per month per employee toward health insurance or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. b. Beginning Jan. 1, 2008, for Employees who choose single coverage, the Employer will contribute 95% of the Base Plan monthly premium converted to the equivalent flat dollar amount toward health insurance or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Fle�ble Benefit Plan. C:\Documents and Settings\CollinsR\Local Settings\Temporary Internet Files\OLK2A\MEMORANDUM OF UNDERSTANDING.doc - 1 - 17.2 a. Beginning June 1, 2007, for Employees who choose dependent coverage for the Base or High Option Plans, the Employer will contribute up to $993.89 per month per employee toward health insurance, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. b. Beginning Jan. 1, 2008, for Employees who choose dependent coverage, the Employer will contribute 70% of the Base Plan monthly premium converted to the equivalent flat dollar amount toward health insurance or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. Article 35: Duration This Memorandum of Understanding shall become effective June 1, 2007 and continue through Dec. 31, 2008 and will remain in full force and effect into the successor collective bargaining agreement, which will be effective Jan. 1, 2008. This memorandum represents the complete understanding of the City and the Union regarding this matter. Authorized Signatures: For the CITY Deborah Dahl Director of Human Resources Donovan Abbott Director of Public Safety For UNION Date Ginny Skyy Union Steward Date Jason Cardinal Union Steward Doug Biehn L.E.L.S. 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V a E � w a O O O lf) � I� d � o 0 � O � ap O O � N � O � U W 0 0 0 � O O O O o 0 0 'a+ N N N 0 r � N U c 0 U O O O � rn � c�i o 0 n y M I� O 0 y � N � O lf) lf) N � aO d � � � � O � � � O � N Q" y � o w V O O O � O O O O O O O 'a+ N N N 0 r � N V r � 0 U O lf) lf) N � aO N aO (O �D N M (O � 0 y � N � � N c N � � � J � � � � N .� � Q -o c � � � � � � � O L O � U y d y a � U � a O O � � O O O y N Qv a � � w f° a O O � 0 0 O O � N � O � U W ❑ w � � � N � O v w r � 0 r � � N V r E o � U N .� lf) � N m � 'a^' O � ;J O � J N � O O N O � � � O � N Q" y � o w V lf) � N y 0 � U � � �D • 0 r 0 � N O U lf) N V 0 y � N � N � J~ O O O �i N � � CffY OF FRIDLEI' Name Derek Griggs AGENDA ITEM CITY COUNCIL MEETING OF MAY 7, 2007 Position Patrol Officer Appointment Starting Salary $19.04 per 2007 contact Reggie Public Services $18.94 Review Worker — Streets per hour Starting Date Replaces May 8, Gregory 2007 Salo May 15, Angie 2007 Taylor � AGENDA ITEM COUNCIL MEETING OF MAY 7, 2007 CffY OF FRIDLEI' CLAIMS 131492 - 131703 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 7, 2007 LICENSES Type of License FOOD SALES Mojo's Pizza 6522 University Av NE Fridley, MN 55432 � John Bergman FOOD, TOBACCO, GASOL/NE SALES Stop and Save Joshua Isaboke 7298 Hwy 65 N E Fridley, MN 55432 FOOD, TOBACCO SALES The Dollar Store Touni EI-Bazi 6532 University Av NE (New owner) Fridley, MN 55432 TREE REMOVAL Drobnick's Tree Service 311 93rd Av N E Blaine, MN 55434 Gosiak Tree Service 9578 110t" St Little Falls, MN 56345 STREET VEND/NG EZ Ice Cream 761 124t" Ln NW Coon Rapids, MN 55448 MASSAGE THER.4PY Tae Briski (Spine Care 7699 Hwy 65 N E Fridley, MN 55432) John Drobnick Robert Gosiak Kamel Alassedy Approved By: Public Safety Director Fire Inspector Public Safety Director Fire Inspector Community Development Public Safety Director Fire Inspector Community Development Public Works Director m Public Safety Director Parks Director City Clerk Public Safety Director � AGENDA ITEM CITY COUNCIL MEETING OF MAY 7, 2007 �°F LICENSES FRIDLEI' Contractor T e A licant A roved B As en Air Gas/HVAC Micki Soule Ron Julkowski, CBO B A C Construction Services LLC Commercial/Specialty Jeffrey Engen Ron Julkowski, CBO Bo d Mason Commercial/S ecialt William Bo d Ron Julkowski, CBO G& H Heatin and Air HVAC Michael Gormle Ron Julkowski, CBO Krinkie Heating & A/C HVAC Bruce Krinkie Ron Julkowski, CBO Mobile Maintenance Gas/HVAGCommSpec Steve Witzel Ron Julkowski, CBO NewMech Com anies Inc Gas/HVAC Peter Jordan Ron Julkowski, CBO Residential Hearing & Air Gas/HVAC Dean Kolner Ron Julkowski, CBO Sedgwick Heating & Air Condirioning Gas/HVAC Wade Sedgwick Ron Julkowski, CBO Signs By Tomorrow Sign Erector Jim Kaczrowski Ron Julkowski, CBO Team Mechanical Gas/HVAC Michael Gjesdahl Ron Julkowski, CBO United Pro erties LLC Commercial/S ecialt Bruce Palmer Ron Julkowski, CBO � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF MAY 7, 2007 May 3, 2007 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: ZOA #07-01 for Sam's Auto Parts at 73rd and Central Avenues Background Staff informed Barry Hoosline, owner of Sam's Auto Parts at 1240 73 '/2 Avenue in February 2006 that his business was not allowed at its current location without a special use permit. Upon investigating the property records further, staff informed Mr. Hoosline at a later meeting that he also did not have proper zoning on part of the property where his auto recycling business was located. Mr. Hoosline and the land owners have now submitted a rezoning and special use permit request to allow the business to remain. More detail about the history of this business site is contained in the attached staff report. The short version of that history is Sam's Auto Parts evolved gradually on this site over a long period of time with the property owners being very aware that this type of business was not allowed. Mr. Hoosline has indicated that he was unaware of the noncompliance issues with this site. However, the public record demonstrates that the property owners he purchased the business from were very aware of the City codes regarding auto salvage operations. Mr. Hoosline needs to hold the sellers of this property responsible for his current business situation — not the City, who could not see what was evolving behind a 10' fence. Options for Action This is a complicated situation with multiple land parcels and non-conforming business that has existed on the site for years. Following further discussion at the April 18 public hearing, staff sees three options for the City Council in rectifying the non-conforming status ofthis site. Option 1 The first option is to deny the rezoning but approve the special use permit request. This would allow the business to stay, provided they change their site plan to meet current code requirements. This option leaves a local business commercial buffer between the residential homes on Central and the scrap yard. However, this option leaves a non-conforming commercial property behind that could never redevelop without the purchase of additional land as it is 453 square feet short of ineeting the minimum required lot size for a G1 property. Option 2 The second option is to approve the rezoning and the SUP contingent on the owner agreeing to meet all of the stipulations in the attached report. The benefit is that the City would see an improved site. However, past experience with Central Auto Parts has demonstrated that this can be a very slow process. The problem with this option is that the City will continue to have a visually undesirable business on a highly visible corner in the community, which was specified as needing redevelopment into a building-orientated rather that an outside storage-orientated industrial development in Fridley's 2020 Comprehensive Plan. Option 3 The third option is to deny both the rezoning and the SUP. Under this option, Mr. Hoosline would need to vacate the site. While this option has severe consequences for the business and property owners, it is the only option that protects the integrity of this neighborhood. Under Mr. Hoosline's proposed site plan, the residential properties to the east will be looking out their front door at a 10' screening fence. Council will not be hearing from these property owners as these properties are rental and have zoning code violations of their own. This option is also the only option which follows the current Comprehensive Plan. Recent community meetings verified that the conditions in this area of Fridley continue to be a concern and need redevelopment. Commission Action On April 18, 2007, the Planning Commission held a public hearing to review Mr. Hoosline's rezoning and SUP applications. No one from the public besides Mr. Hoosline's legal counsel addressed the commission at the public hearing. Staff has not received any phone calls. The Planning Commission voted 4 to 3 to approve both the rezoning request and the SUP request. Reasons given for approval were that they felt it was an opportunity to improve the property. Staff Recommendation Following the public hearing and the Planning Commission's recommendation for approval, staff continues to recommend denial. While redevelopment of the site is appealing, staff recommends that it will only continue the devaluing of property in this neighborhood with this site being so highly visible at a busy intersection in the community. The demand for industrial space in Fridley causes staff to see the potential for a higher valued redevelopment on this site. Should Council choose to recommend approval, however, staff strongly recommends that a reasonable timeline be developed to complete the improvements. The City gave Central Auto Parts five years to complete improvements in a similar situation. As this petitioner has already taken over one year to prepare a site plan, staff recommends a four-year timetable to complete the stipulations in the attached report. Staff recommends as follows: By October 1, 2007, the petitioner redesigns the site plan according to code and obtains approval by staff and reduces screening fence height or applies for fence height variance. By May 1, 2008, the petitioner obtains approval of grading and drainage plans by the RCWD. By May 1, 2009, the petitioner has all soil testing and any discovered contamination rectified and has removed all of the nonconforming buildings from the site. By October 1, 2009, the petitioner has the storm water ponding improvements installed By July 1, 2010, the petitioner has completed all curbing and paving according to the approved site plan. By May 1, 2011, all of the stipulations are complete, including landscaping according to a landscape plan approved by staff. City of Fridley Land Use Application ZOA #07-01 and SP #07-01 May 2, 2007 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Barry Hoosline 1240 73 %2 Avenue NE Fridley, MN 55432 Requested Action: Rezoning to make the zoning of all four parcels included in the business M-1, Light Industrial and Special Use Permit to allow continuance of the existing auto recycling use on the properties. Existing Zoning: Three parcels (unaddressed parcel on 73�dAve., 1230 73 Ave. and 1240 73 1/2 Ave.) M-1 (Light Industrial) & one parcel (7340 Central) C-1, Local Business Location: 1230 73 Avenue (two parcels) 1240 73 %2 Avenue 7340 Central Avenue Size: west unaddressed parcel: 9,259 sq. ft./.21 acres 1230 73�d Avenue, east parcel: 9,746 sq. ft./.22 acres 1240 73 %2 Avenue: 23,687 sq. ft./.54 acres 7340 Central Avenue: 19,547 sq. ft./.45 acres Total: 62,240 sq. ft./1.43 acres Existing Land Use: Industrial (Automobile Recycling Center) Surrounding Land Use & Zoning: N: M-1, Light Industrial E: R-2, Two-Family Residential S: M-1, Light Industrial W: M-1, Light Industrial Comprehensive Plan Conformance: (Redevelopment Area) Consistent with Plan Zoning Ordinance Conformance: Sec. 205.17.1.C.(8) requires a special use permit to allow an auto recycling center use in a M-1 zoning district. Zoning History: 1949 — Lots are platted 1240 73 %2 Avenue 1959 —Building addition 1976 — Rezoning to M-1 1976 — SUP for car parts storage/sales 1976 — Building alteration 7340 Central Avenue 1951 — Garage constructed 1969 — Chimney permit 1976 — Fire damage repair 1977 — Fire damage repair 1982 — Letter sent suggesting rezoning 1987 — SUP for exterior storage Legal Description of Property: Lot 16, 17, and 18, Block 2, Central View Manor Public Utilities: Only 1240 73 %2 and 7340 Central parcels are connected. Transportation: The properties can be accessed from 73 %2 Avenue, 73�d Avenue, and Central Avenue Physical Characteristics: Twp residential homes used for sales and storage, several storage buildings, garage, hard surface areas, dirt surface storage areas and a few landscaped areas. SUMMARY OF PROJECT The petitioner, Barry Hoosline, owner of Sam's Auto Parts, is seeking a rezoning to M-2 zoning and a special use permit to allow continued operation of the existing auto recycling business SUMMARY OF ANALYSIS City Staff recommends denial of this rezoning application: • Change to industrial use is not compatible with other uses to the northeast of the corner, including residential homes City Staff recommends denial of this special use permit application: Proposed redevelopment of site does not meet code required parking and building setbacks or landscaping requirements • Site plan does not provide sufficient storm water runoff quality protections CITY COUNCIL ACTION/ 60 DAY DATE City Council — May 7, 2007 60 Day — May 14, 2007 Staff Report Prepared by: Julie Jones ZOA#07-01 & SP#07-01 OVERVIEW The requests: Barry Hoosline, owner of Sam's Auto Parts, is requesting two separate land use actions from the City of Fridley in order to continue his auto recycling business, which has evolved on the site over time. The business is located in the northwest quadrant of 73rd and Central Avenues. These two actions are a rezoning and a special use permit (SUP). Both are examined individually in this report. Like another auto recycling business' SUP recently reviewed by Council, this permit application is complicated by the fact that the business owner does not own the land. This is critical information as the SUP goes with the land, not the business. Mr. Hoosline is purchasing the land on contract for deed by two separate land owners. Duane Waldoch owns the parcel at 7340 Central. Derek Haluptzok owns the other three parcels. Staff has been in contact with both land owners. Both have indicated that Mr. Hoosline is very close to completing his payments to own the property. Both land owners has signed both the rezoning and SUP applications. The rezoning request has resulted from the discovery by the petitioner that the parcel at 7340 Central is zoned G 1, Local Business. The auto recycling center use is not a permitted use — even by special use permit — in this zoning district. The other areas, where the business originated, have industrial zoning, where a special use permit for an auto recycling center can be granted. However, the petitioner has never obtained a special use permit to allow an auto recycling business, which has existed at this site for many years. Therefore, the petitioner has applied for a special use permit, which would need to be predicated by a rezoning action. SITE HISTORY The Sam's Auto Parts business is located on the northwest corner of 73rd and Central Avenues, diagonally across from Cummins Power. The business covers four parcels of land. The most westerly parcel is Lot 16 of Block 2 of the Central View Manor plat and does not have an address assigned to it. There is no building permit or zoning history on this parcel. This parcel has a concrete apron entrance off of 73 '/2 Avenue (although it is address off of 73rd), but is unpaved on the remainder of the lot. It is primarily being used for the outside storage of vehicles. It is zoned M-1, Light Industrial. The next most westerly parcel of the four is 1230 73rd Avenue. This parcel is Lot 17 in the same plat. There are no City building or zoning records on this parcel either. This parcel is also primarily being used for the outside storage of vehicles but contains no paved areas. It is zoned M-1, Light Industrial. 1240 73 '/2 Avenue is the address assigned to the Sam's Auto Parts business as it is the parcel where the business originated before expanding to include other parcels. This parcel contains the sales office (which was formally a single family home), three storage buildings, and parts racking. There are also many vehicles stored outside on this parceL It appears that only the driveway into the site is paved. At the time staff inet with the petitioner a year ago, our zoning records showed that both 1240 73 '/2 Avenue and 7340 Central Avenue zoned G1, Local Business. However, while researching the history of this property, it was discovered that the City did approve a rezoning of the 1240 73 '/2 Avenue property in 1976 (ZOA#75-OS) to M-1, Light Industrial. On the same date in 1976, after much debate, the City did also grant special use permit #75-29 for the parcel at 1240 73 '/z Avenue to allow the storage and sales of dismantled parts for antique and classic cars, excluding any dismantling operation, restoration, or baling on the premises. At some point over time, the car part business became an auto salvage operation in direct conflict with SP #75-29. Mr. Hoosline, the petitioner, has indicated that he purchased the business in 1989 and was unaware of the lack of permits or proper zoning. He has confirmed with staff that his current business is not in compliance with the 1975 SUP because he does dismantle vehicles as part of his current business operation. There are no City records of a building permit for the single family house at 7340 Central Avenue, so it is suspected that it was built prior to the 1949 platting of the area. This site also contains a garage building at the corner of 73 '/2 and Central, which was formally a gas station. At some point in history, the gas station became a landscape business. In 1987, the owner of the landscape business received a special use permit from the City to allow exterior storage of materials and equipment. The special use permit was written in such a way as to expire when the landscape business ceased and was not transferable to future owners. The landscape business ceased many years ago. Staff is unsure when Mr. Hoosline began using the property for his business, which is owned by Rose Waldoch, according to Anoka County tax records. Duane Waldoch has indicated to staff that he has been deeded the property, but has not yet filed the papers with the County. He has told staff that Mr. Hoosline is purchasing the property on a contract for deed. Various types of fencing surround the property. Many sections are 10 feet high; however, staff was unable to find any records of a variance to the eight foot code height limitation on commercial fences. A current survey submitted by the petitioner indicates that part of the fence along the west property line, and 73rd and 73 '/2 Avenues is located slightly outside the lot lines on other private property or public street right of way. Several pavement and building setback violations exist on these parcels, particularly the corner parcel. A setback variance and lot split application were made on the 7340 Central Avenue parcel in 1975, but neither was approved. There have been many code enforcement and hazardous waste spill issues related to these four parcels over the past 30 years. Most recent code violations have been related to storage of tires and vehicles above the fence line, storage of inoperable vehicles outside the fenced in areas, and use of the street for business activity. ANALYSIS Rezoning Request ZOA #07-01 The petitioner is requesting a rezoning to allow continuance of the e�sting auto recycling center business on 73 1/2 Avenue. Currently, there is a mixture of industrial, commercial, and residential zonings in the area. The petitioner's application indicates that he is seeking to rezone the entire four parcels used for his business to M-2 Heavy Industrial. However, his legal counsel has indicated that this is a mistake and the petitioner meant to write M-1 zoning on the application as this is the zoning of part of his properiy now and allows for the auto recycling business with a special use permit. M-2, Heavy Industrial zoning requires a larger land area for minimum lot size than the petitioner has in the four parcels combined. The properties requesting to be rezoned are 7340 Central Avenue and 1240 73 '/2. However, staff has discovered that the 1240 73 '/2 Avenue property (all but the eastern 125' of Lot 18) was already rezoned to M-1 Light Industrial in 1975. The petitioner, therefore, only needs to have the eastern 125' of the corner parcel located at 7340 Central Avenue rezoned. � ' --a ' �; 1 ��(� ' *�. � �� Address Map, showing four addresses involved All four of the parcels involved in this land use request are guided for redevelopment in Fridley's 2020 Comprehensive Plan. The City's Zoning Ordinance and official Zoning Map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. State Statute gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan was developed with resident input taken from several meetings held between 1998 and 2000 and is a"tool intended to help guide future growth and development of the community...It is a plan because it contains goals, policies and strategies that all work together, looking to the future and working towards achieving a community wide vision ". In order for a rezoning to be viewed favorably, it must be in line with the City's vision laid out in the Comprehensive Plan. This business's land area, and that of two other auto salvage yards in the vicinity, were marked for redevelopment in the 2020 Comprehensive Plan as a result of community interest in creating a more positive image along 73Yd Avenue. It was noted in the plan that these parcels, due to the street alignment, had double frontage lots that are not large enough for typical industrial development and that the land area could be better utilized for more building intensive developments. The signif�icant level of outdoor storage in the salvage yards was viewed as an inefficient land use. �� . r £ ��, f F --- �; � , , _. �� . x. . . � . � . � r— �: u.�,� :,�� -,. ',' d,s� � � �' �� :v� � r:� �t�.�yt,:L e�::> A.:�: � � y�� a>t�� 'o- ��.. � — �� r �� .. r . .. . Zoning Map segment of area— note that 1240 73 '/z Avenue is incorrectly shown as C-1 zoning Allowing for the continuance of an inefficient use of the industrial land is contrary to the guidance in the 2020 Comprehensive Plan. Further, recent community input has indicated a continued interest in redevelopment of this auto salvage area. While the requested rezoning of the corner commercial parcel is not addressed specifically in the Comprehensive Plan, G 1, Local Business Commercial is viewed as a more appropriate buffer between the industrial uses in the area and the R-2 residential properties across Central Avenue from the subject parcel. Special Use Permit Request #07-01 Barry Hoosline, Sam's Auto Parts owner, is also requesting a special use permit for all four parcels used for the current business. These four parcels again include the unaddressed parcel west of 1230 73ra Avenue, 1230 73rd Avenue, 1240 73 '/2 Avenue, and 7340 Central Avenue. The address located at 1240 73 '/z Avenue has a special use permit SP#75-29 to allow the storage and sales of dismantled parts for antique and classic cars, excluding any dismantling operation, restoration, or baling on the premises. However, the petitioner's business includes the dismantling of junk vehicles, which was distinctly disallowed by the City's wording of the stipulations attached to the permit. There was much public discussion during the public hearing for this item that is documented in the minutes and make it very clear that the City's intent was to ensure that a junkyard operation would not be allowed on the site. It would have been the legal obligation of the owner of this land to disclose the requirements of the SUP to any buyer of the land. The corner address at 7340 Central also has received a special use permit. The permit for this property was to allow the outside storage of landscape material and equipment, but this SUP is now void with the discontinuance of the landscape business. Mr. Waldoch, the current owner of the land, was the landscape business owner who obtained this now expired SUP from the City. He was well informed regarding the City's outside storage requirements during the SUP review process and code enforcement issues related to vehicle storage that arose over the years. SITE PLAN REVIEW The Petitioner submitted a certified site survey, preliminary grading plan, and preliminary landscape plan with their application. Staff has found some errors on the survey, so we are cautious about the accuracy of all of the information. For example, there is a shed located near the house that appears to cross property lines, which is not notated on the survey, and there are places where a fence is notated to be 10 ft. high, but is not. There are numerous zoning code violations on all four parcels used for this business. Besides the obvious code violation of a single family home in a G1 zoning district on the corner lot, the survey does reflect field observations that there are many setback violations on the site. • The house, which is now used for storage, is setback only 11' from the rear property line. • The garage building closest to Central is only 24.5' from the front property line. • Another storage building appears to have been built across property lines. • There is a rusted, metal, storage shed located just west of the house that is closer than the house to the property line on 73rd Avenue. • The parking area on Central extends into the public right of way. • There is a sign for the business in the public right of way on Central. • The fence is outside the property line. • Fenced in outside storage needs to be 20' back from the property line on the south, east, and west sides of the properties, if an SUP were approved. The drawings submitted by the petitioner show that they plan to remove some of the existing storage buildings, but not the existing buildings that do not meet the setbacks. New curb and gutter is proposed from 4' to 9' from the property line. The curbing and paving could be installed with in 5' of the west property line, but is required to be set back 20' from 73rd, 73 1/2, and Central Avenues. Any deviation from code required setbacks would require a variance in addition to the land use requests currently being considered by the petitioner. The preliminary grading plan shows plans to install a storm water pond in the southwest corner of the most westerly lot. The pond design appears to be sufficient according to City Staff, but would require further review of more detailed plans and watershed district review and approval. Also, Section 205.17.1.C(8)(a) of the Fridley Zoning Code must satisfy the requirements of other governmental agencies, like the MPCA, which would need to review and approve these plans. The City staff is concerned that contamination likely already exists in the soils of this property and advises that soil testing be completed before any new paving is installed. The preliminary landscape plan submitted does not provide staff enough information to determine whether it meets code requirements. It does appear to closely meet the requirements if most of the existing trees on site will be preserved in the paving of the site. For decades, there have been sewer and water problems at this site. The Finance Department staff has suggested that these problems be resolved during improvements to the site. STAFF RECOMMEDATION City Staff recommends denial of this Rezoning request ZOA #07-01, to rezone 7340 Central Avenue from C-1 Local Business to M-1, Lightlndustrial, noting the following reasons: ■ Proposed rezoning is not consistent with the Comprehensive Plan. ■ Proposed rezoning would negatively impact the residential properties across Central Avenue. ■ Double frontage parcel does not allow for adequate screening of an outdoor intensive industrial use. City Staff recommends denial of the special use permit for SP#07-01, to allow an automobile recycling center in an M-1 zoning district, noting the following reasons: • Proposed site plan does not meet code required curbing, paving, or building setbacks on any of the four parcels involved. • Proposed site plan does not include plans to remove all substandard buildings on the site. • Proposed site plan does not include plans to remove fence height or setback nonconformities or a variance request. STIPULATIONS If a decision for approval is rendered by the City, staff recommends the following stipulations be attached to the approval of either of these land use requests: 1. Property owner conduct soil testing and provide City and other applicable government authorities proof of clean soils prior to installation of any new impervious surface on any of the parcels involved in the approved application. 2. Once Petitioner owns all of the property used for his business, owner shall file necessary documents with Anoka County to combine the parcels for tax purposes. 3. The single family home, garage, and numerous accessory buildings in disrepair at 1240 73 '/2 Avenue and 7340 Central Avenue be removed. 4. Petitioner to obtain approval of grading and drainage plan from the watershed district. 5. Petitioner to obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 6. Petitioner to obtain all necessary permits prior to construction. 7. Site Plan needs to be adjusted to provide code required curbing/paving installation setbacks. 8. Petitioner to meet all building and fire code requirements. 9. City Engineering staff to review and approve final grading and drainage plan prior to issuance of permits. 10. Storm pond maintenance agreement must be filed prior to issuance of land alteration permit. 11. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 12. Final landscape plan to be reviewed and approved by City Staff prior to issuance of land alteration permit. 13. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. Property owner of record at time of land alteration to correct any deficiencies in the water and sewer connections to the buildings on site. 15. Secondary access curb cuts and gates in fence on Lot 16 and 17 on 73 '/2 Avenue must be removed as part of redesigned site plan. 16. Any business signs that are not approved currently by a sign permit must be removed from the site until a permit is obtained. 17. Petitioner to reduce screening fence height to 8' or obtain variance. Discontinuance of Business If the City denies the petitioner's request for rezoning and a special use permit, the business as it exists must be removed from the site. Staff recommends that if the City Council moves to deny ZPA #07-01 and SP#07- O1 that the City Council in the same motion provide detailed direction to the property owner(s) and business owner as to how the site must be cleared of the non-permitted activity within one year of Council action. These requirements should include at minimum: 1. Remove all business signage within one year of Council action. 2. Removal of all full and partial automobiles as well as parts outside of the building. 3. Removal of all automotive fluids and hazardous materials from the premises. 4. Removal and sweeping of soil from the paved surfaces at each entrance to the site. 5. Removal of all fence sections and posts. 6. Removal of any buildings which do not meet State Building Code requirements or Fridley Zoning requirements. 7. Removal of any equipment or racking. 8. Removal of all material and litter in the public right of way around the site. 9. All disturbed soil must be graded and landscaped (lay sod or seed) to assure soil is stabilized to resist wind and water erosion. 1 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAHING A CHANGE IN ZONING DISTRICTS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley Zoning Code be hereby amended as follows: Section 1: Appendix D of the Fridley City Code is amended hereinafter as indicated, including stipulations as shown in Exhibit A. Section 2: The East 125' of Lot 18, Block 2, Central View Manor, generally located at the corner of 73rd Avenue and Central Avenue, Fridley, Minnesota Is hereby designated to be in the Zoned District M-1, Light Industrial District. Section 3: That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District G1, Local Business, to M-1, Light Industrial. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2007. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: April 18, 2007 First Reading: Second Reading: Published: (date of publication in the off�icial newspaper) Exhibit A STIPULATIONS: 7340 CENTRAL AVENUE 1. Property owner conduct soil testing and provide City and other applicable government authorities proof of clean soils prior to installation of any new impervious surface on any of the parcels involved in the approved application. 2. Once Petitioner owns all of the property used for his business, owner shall file necessary documents with Anoka County to combine the parcels for tax purposes. 3. The single family home, garage, and numerous accessory buildings in disrepair at 1240 73 % Avenue and 7340 Central Avenue be removed. 4. Petitioner to obtain approval ofgrading and drainage plan from the watershed district. S. Petitioner to obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 6. Petitioner to obtain all necessary permits prior to construction. 7. Site Plan needs to be adjusted to provide code required curbing/paving installation setbacks. 8. Petitioner to meet all building and fzre code requirements. 9. City Engineering staff to review and approve final grading and drainage plan prior to issuance of permits. 10. Storm pond maintenance agreement must be filed prior to issuance of land alteration permit. 11. Petitioner shall obtain any required NPDESPermit and provide NURP ponding for entire site. 12. Final landscape plan to be reviewed and approved by City Staffprior to issuance of land alteration permit. 13. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. Property owner of record at time of land alteration to correct any deficiencies in the water and sewer connections to the buildings on site. 1 S. Secondary access curb cuts and gates in fence on Lot 16 and 17 on 73 % Avenue must be removed as part of redesigned site plan. 16. Any business signs that are not approved currently by a sign permit must be removed from the site until a permit is obtained. 17. 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' � �` � � I � eB�h �. i �� d $ � � � � � � I �a � � � ' 8i53$' �• �z y � � �� U .,� Z � �.. o I O ' m � F � ' ��,� •�� aa�� a»e ,� � " � � � � ,$�� a '� � I , ,� e ' � � , ; ` ` _� , , --I � � � I ' t��.z ��,a—�� '".._.:.r�� Y � �I � J— s' j�""`iert.xwr,aaorvxz 84't9l M.IS.Sl.00N ��---____.__ � �� L P d � � I �i� I �€ R � � � � �� I I ��..o�,u-, �� — e� �� S I—�� •, al � � : � o��;�� o�� --------------� � s � � � � � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF MAY 7, 2007 May 3, 2007 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: SP #07-01 for Sam's Auto Parts at 73rd and Central Avenues Background Staff informed Barry Hoosline, owner of Sam's Auto Parts at 1240 73 '/2 Avenue in February 2006 that his business was not allowed at its current location without a special use permit. Upon investigating the property records further, staff informed Mr. Hoosline at a later meeting that he also did not have proper zoning on part of the property where his auto recycling business was located. Mr. Hoosline and the land owners have now submitted a rezoning and special use permit request to allow the business to remain. More detail about the history of this business site is contained in the attached staff report. The short version of that history is Sam's Auto Parts evolved gradually on this site over a long period of time with the property owners being very aware that this type of business was not allowed. Mr. Hoosline has indicated that he was unaware of the noncompliance issues with this site. However, the public record demonstrates that the property owners he purchased the business from were very aware of the City codes regarding auto salvage operations. Mr. Hoosline needs to hold the sellers of this property responsible for his current business situation — not the City, who could not see what was evolving behind a 10' fence. Options for Action This is a complicated situation with multiple land parcels and non-conforming business that has existed on the site for years. Following further discussion at the April 18 public hearing, staff sees three options for the City Council in rectifying the non-conforming status ofthis site. Option 1 The first option is to deny the rezoning but approve the special use permit request. This would allow the business to stay, provided they change their site plan to meet current code requirements. This option leaves a local business commercial buffer between the residential homes on Central and the scrap yard. However, this option leaves a non-conforming commercial property behind that could never redevelop without the purchase of additional land as it is 453 square feet short of ineeting the minimum required lot size for a G1 property. Option 2 The second option is to approve the rezoning and the SUP contingent on the owner agreeing to meet all of the stipulations in the attached report. The benefit is that the City would see an improved site. However, past experience with Central Auto Parts has demonstrated that this can be a very slow process. The problem with this option is that the City will continue to have a visually undesirable business on a highly visible corner in the community, which was specified as needing redevelopment into a building-orientated rather that an outside storage-orientated industrial development in Fridley's 2020 Comprehensive Plan. Option 3 The third option is to deny both the rezoning and the SUP. Under this option, Mr. Hoosline would need to vacate the site. While this option has severe consequences for the business and property owners, it is the only option that protects the integrity of this neighborhood. Under Mr. Hoosline's proposed site plan, the residential properties to the east will be looking out their front door at a 10' screening fence. Council will not be hearing from these property owners as these properties are rental and have zoning code violations of their own. This option is also the only option which follows the current Comprehensive Plan. Recent community meetings verified that the conditions in this area of Fridley continue to be a concern and need redevelopment. Commission Action On April 18, 2007, the Planning Commission held a public hearing to review Mr. Hoosline's rezoning and SUP applications. No one from the public besides Mr. Hoosline's legal counsel addressed the commission at the public hearing. Staff has not received any phone calls. The Planning Commission voted 4 to 3 to approve both the rezoning request and the SUP request. Reasons given for approval were that they felt it was an opportunity to improve the property. Staff Recommendation Following the public hearing and the Planning Commission's recommendation for approval, staff continues to recommend denial. While redevelopment of the site is appealing, staff recommends that it will only continue the devaluing of property in this neighborhood with this site being so highly visible at a busy intersection in the community. The demand for industrial space in Fridley causes staff to see the potential for a higher valued redevelopment on this site. Should Council choose to recommend approval, however, staff strongly recommends that a reasonable timeline be developed to complete the improvements. The City gave Central Auto Parts five years to complete improvements in a similar situation. As this petitioner has already taken over one year to prepare a site plan, staff recommends a four-year timetable to complete the stipulations in the attached report. Staff recommends as follows: By October 1, 2007, the petitioner redesigns the site plan according to code and obtains approval by staff and reduces screening fence height or applies for fence height variance. By May 1, 2008, the petitioner obtains approval of grading and drainage plans by the RCWD. By May 1, 2009, the petitioner has all soil testing and any discovered contamination rectified and has removed all of the nonconforming buildings from the site. By October 1, 2009, the petitioner has the storm water ponding improvements installed By July 1, 2010, the petitioner has completed all curbing and paving according to the approved site plan. By May 1, 2011, all of the stipulations are complete, including landscaping according to a landscape plan approved by staff. City of Fridley Land Use Application ZOA #07-01 and SP #07-01 May 2, 2007 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Barry Hoosline 1240 73 %2 Avenue NE Fridley, MN 55432 Requested Action: Rezoning to make the zoning of all four parcels included in the business M-1, Light Industrial and Special Use Permit to allow continuance of the existing auto recycling use on the properties. Existing Zoning: Three parcels (unaddressed parcel on 73�dAve., 1230 73 Ave. and 1240 73 1/2 Ave.) M-1 (Light Industrial) & one parcel (7340 Central) C-1, Local Business Location: 1230 73 Avenue (two parcels) 1240 73 %2 Avenue 7340 Central Avenue Size: west unaddressed parcel: 9,259 sq. ft./.21 acres 1230 73�d Avenue, east parcel: 9,746 sq. ft./.22 acres 1240 73 %2 Avenue: 23,687 sq. ft./.54 acres 7340 Central Avenue: 19,547 sq. ft./.45 acres Total: 62,240 sq. ft./1.43 acres Existing Land Use: Industrial (Automobile Recycling Center) Surrounding Land Use & Zoning: N: M-1, Light Industrial E: R-2, Two-Family Residential S: M-1, Light Industrial W: M-1, Light Industrial Comprehensive Plan Conformance: (Redevelopment Area) Consistent with Plan Zoning Ordinance Conformance: Sec. 205.17.1.C.(8) requires a special use permit to allow an auto recycling center use in a M-1 zoning district. Zoning History: 1949 — Lots are platted 1240 73 %2 Avenue 1959 —Building addition 1976 — Rezoning to M-1 1976 — SUP for car parts storage/sales 1976 — Building alteration 7340 Central Avenue 1951 — Garage constructed 1969 — Chimney permit 1976 — Fire damage repair 1977 — Fire damage repair 1982 — Letter sent suggesting rezoning 1987 — SUP for exterior storage Legal Description of Property: Lot 16, 17, and 18, Block 2, Central View Manor Public Utilities: Only 1240 73 %2 and 7340 Central parcels are connected. Transportation: The properties can be accessed from 73 %2 Avenue, 73�d Avenue, and Central Avenue Physical Characteristics: Twp residential homes used for sales and storage, several storage buildings, garage, hard surface areas, dirt surface storage areas and a few landscaped areas. SUMMARY OF PROJECT The petitioner, Barry Hoosline, owner of Sam's Auto Parts, is seeking a rezoning to M-2 zoning and a special use permit to allow continued operation of the existing auto recycling business SUMMARY OF ANALYSIS City Staff recommends denial of this rezoning application: • Change to industrial use is not compatible with other uses to the northeast of the corner, including residential homes City Staff recommends denial of this special use permit application: Proposed redevelopment of site does not meet code required parking and building setbacks or landscaping requirements • Site plan does not provide sufficient storm water runoff quality protections CITY COUNCIL ACTION/ 60 DAY DATE City Council — May 7, 2007 60 Day — May 14, 2007 Staff Report Prepared by: Julie Jones ZOA#07-01 & SP#07-01 OVERVIEW The requests: Barry Hoosline, owner of Sam's Auto Parts, is requesting two separate land use actions from the City of Fridley in order to continue his auto recycling business, which has evolved on the site over time. The business is located in the northwest quadrant of 73rd and Central Avenues. These two actions are a rezoning and a special use permit (SUP). Both are examined individually in this report. Like another auto recycling business' SUP recently reviewed by Council, this permit application is complicated by the fact that the business owner does not own the land. This is critical information as the SUP goes with the land, not the business. Mr. Hoosline is purchasing the land on contract for deed by two separate land owners. Duane Waldoch owns the parcel at 7340 Central. Derek Haluptzok owns the other three parcels. Staff has been in contact with both land owners. Both have indicated that Mr. Hoosline is very close to completing his payments to own the property. Both land owners has signed both the rezoning and SUP applications. The rezoning request has resulted from the discovery by the petitioner that the parcel at 7340 Central is zoned G 1, Local Business. The auto recycling center use is not a permitted use — even by special use permit — in this zoning district. The other areas, where the business originated, have industrial zoning, where a special use permit for an auto recycling center can be granted. However, the petitioner has never obtained a special use permit to allow an auto recycling business, which has existed at this site for many years. Therefore, the petitioner has applied for a special use permit, which would need to be predicated by a rezoning action. SITE HISTORY The Sam's Auto Parts business is located on the northwest corner of 73rd and Central Avenues, diagonally across from Cummins Power. The business covers four parcels of land. The most westerly parcel is Lot 16 of Block 2 of the Central View Manor plat and does not have an address assigned to it. There is no building permit or zoning history on this parcel. This parcel has a concrete apron entrance off of 73 '/2 Avenue (although it is address off of 73rd), but is unpaved on the remainder of the lot. It is primarily being used for the outside storage of vehicles. It is zoned M-1, Light Industrial. The next most westerly parcel of the four is 1230 73rd Avenue. This parcel is Lot 17 in the same plat. There are no City building or zoning records on this parcel either. This parcel is also primarily being used for the outside storage of vehicles but contains no paved areas. It is zoned M-1, Light Industrial. 1240 73 '/2 Avenue is the address assigned to the Sam's Auto Parts business as it is the parcel where the business originated before expanding to include other parcels. This parcel contains the sales office (which was formally a single family home), three storage buildings, and parts racking. There are also many vehicles stored outside on this parceL It appears that only the driveway into the site is paved. At the time staff inet with the petitioner a year ago, our zoning records showed that both 1240 73 '/2 Avenue and 7340 Central Avenue zoned G1, Local Business. However, while researching the history of this property, it was discovered that the City did approve a rezoning of the 1240 73 '/2 Avenue property in 1976 (ZOA#75-OS) to M-1, Light Industrial. On the same date in 1976, after much debate, the City did also grant special use permit #75-29 for the parcel at 1240 73 '/z Avenue to allow the storage and sales of dismantled parts for antique and classic cars, excluding any dismantling operation, restoration, or baling on the premises. At some point over time, the car part business became an auto salvage operation in direct conflict with SP #75-29. Mr. Hoosline, the petitioner, has indicated that he purchased the business in 1989 and was unaware of the lack of permits or proper zoning. He has confirmed with staff that his current business is not in compliance with the 1975 SUP because he does dismantle vehicles as part of his current business operation. There are no City records of a building permit for the single family house at 7340 Central Avenue, so it is suspected that it was built prior to the 1949 platting of the area. This site also contains a garage building at the corner of 73 '/2 and Central, which was formally a gas station. At some point in history, the gas station became a landscape business. In 1987, the owner of the landscape business received a special use permit from the City to allow exterior storage of materials and equipment. The special use permit was written in such a way as to expire when the landscape business ceased and was not transferable to future owners. The landscape business ceased many years ago. Staff is unsure when Mr. Hoosline began using the property for his business, which is owned by Rose Waldoch, according to Anoka County tax records. Duane Waldoch has indicated to staff that he has been deeded the property, but has not yet filed the papers with the County. He has told staff that Mr. Hoosline is purchasing the property on a contract for deed. Various types of fencing surround the property. Many sections are 10 feet high; however, staff was unable to find any records of a variance to the eight foot code height limitation on commercial fences. A current survey submitted by the petitioner indicates that part of the fence along the west property line, and 73rd and 73 '/2 Avenues is located slightly outside the lot lines on other private property or public street right of way. Several pavement and building setback violations exist on these parcels, particularly the corner parcel. A setback variance and lot split application were made on the 7340 Central Avenue parcel in 1975, but neither was approved. There have been many code enforcement and hazardous waste spill issues related to these four parcels over the past 30 years. Most recent code violations have been related to storage of tires and vehicles above the fence line, storage of inoperable vehicles outside the fenced in areas, and use of the street for business activity. ANALYSIS Rezoning Request ZOA #07-01 The petitioner is requesting a rezoning to allow continuance of the e�sting auto recycling center business on 73 1/2 Avenue. Currently, there is a mixture of industrial, commercial, and residential zonings in the area. The petitioner's application indicates that he is seeking to rezone the entire four parcels used for his business to M-2 Heavy Industrial. However, his legal counsel has indicated that this is a mistake and the petitioner meant to write M-1 zoning on the application as this is the zoning of part of his properiy now and allows for the auto recycling business with a special use permit. M-2, Heavy Industrial zoning requires a larger land area for minimum lot size than the petitioner has in the four parcels combined. The properties requesting to be rezoned are 7340 Central Avenue and 1240 73 '/2. However, staff has discovered that the 1240 73 '/2 Avenue property (all but the eastern 125' of Lot 18) was already rezoned to M-1 Light Industrial in 1975. The petitioner, therefore, only needs to have the eastern 125' of the corner parcel located at 7340 Central Avenue rezoned. � ' --a ' �; 1 ��(� ' *�. � �� Address Map, showing four addresses involved All four of the parcels involved in this land use request are guided for redevelopment in Fridley's 2020 Comprehensive Plan. The City's Zoning Ordinance and official Zoning Map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. State Statute gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan was developed with resident input taken from several meetings held between 1998 and 2000 and is a"tool intended to help guide future growth and development of the community...It is a plan because it contains goals, policies and strategies that all work together, looking to the future and working towards achieving a community wide vision ". In order for a rezoning to be viewed favorably, it must be in line with the City's vision laid out in the Comprehensive Plan. This business's land area, and that of two other auto salvage yards in the vicinity, were marked for redevelopment in the 2020 Comprehensive Plan as a result of community interest in creating a more positive image along 73Yd Avenue. It was noted in the plan that these parcels, due to the street alignment, had double frontage lots that are not large enough for typical industrial development and that the land area could be better utilized for more building intensive developments. The signif�icant level of outdoor storage in the salvage yards was viewed as an inefficient land use. �� . r £ ��, f F --- �; � , , _. �� . x. . . � . � . � r— �: u.�,� :,�� -,. ',' d,s� � � �' �� :v� � r:� �t�.�yt,:L e�::> A.:�: � � y�� a>t�� 'o- ��.. � — �� r �� .. r . .. . Zoning Map segment of area— note that 1240 73 '/z Avenue is incorrectly shown as C-1 zoning Allowing for the continuance of an inefficient use of the industrial land is contrary to the guidance in the 2020 Comprehensive Plan. Further, recent community input has indicated a continued interest in redevelopment of this auto salvage area. While the requested rezoning of the corner commercial parcel is not addressed specifically in the Comprehensive Plan, G 1, Local Business Commercial is viewed as a more appropriate buffer between the industrial uses in the area and the R-2 residential properties across Central Avenue from the subject parcel. Special Use Permit Request #07-01 Barry Hoosline, Sam's Auto Parts owner, is also requesting a special use permit for all four parcels used for the current business. These four parcels again include the unaddressed parcel west of 1230 73ra Avenue, 1230 73rd Avenue, 1240 73 '/2 Avenue, and 7340 Central Avenue. The address located at 1240 73 '/z Avenue has a special use permit SP#75-29 to allow the storage and sales of dismantled parts for antique and classic cars, excluding any dismantling operation, restoration, or baling on the premises. However, the petitioner's business includes the dismantling of junk vehicles, which was distinctly disallowed by the City's wording of the stipulations attached to the permit. There was much public discussion during the public hearing for this item that is documented in the minutes and make it very clear that the City's intent was to ensure that a junkyard operation would not be allowed on the site. It would have been the legal obligation of the owner of this land to disclose the requirements of the SUP to any buyer of the land. The corner address at 7340 Central also has received a special use permit. The permit for this property was to allow the outside storage of landscape material and equipment, but this SUP is now void with the discontinuance of the landscape business. Mr. Waldoch, the current owner of the land, was the landscape business owner who obtained this now expired SUP from the City. He was well informed regarding the City's outside storage requirements during the SUP review process and code enforcement issues related to vehicle storage that arose over the years. SITE PLAN REVIEW The Petitioner submitted a certified site survey, preliminary grading plan, and preliminary landscape plan with their application. Staff has found some errors on the survey, so we are cautious about the accuracy of all of the information. For example, there is a shed located near the house that appears to cross property lines, which is not notated on the survey, and there are places where a fence is notated to be 10 ft. high, but is not. There are numerous zoning code violations on all four parcels used for this business. Besides the obvious code violation of a single family home in a G1 zoning district on the corner lot, the survey does reflect field observations that there are many setback violations on the site. • The house, which is now used for storage, is setback only 11' from the rear property line. • The garage building closest to Central is only 24.5' from the front property line. • Another storage building appears to have been built across property lines. • There is a rusted, metal, storage shed located just west of the house that is closer than the house to the property line on 73rd Avenue. • The parking area on Central extends into the public right of way. • There is a sign for the business in the public right of way on Central. • The fence is outside the property line. • Fenced in outside storage needs to be 20' back from the property line on the south, east, and west sides of the properties, if an SUP were approved. The drawings submitted by the petitioner show that they plan to remove some of the existing storage buildings, but not the existing buildings that do not meet the setbacks. New curb and gutter is proposed from 4' to 9' from the property line. The curbing and paving could be installed with in 5' of the west property line, but is required to be set back 20' from 73rd, 73 1/2, and Central Avenues. Any deviation from code required setbacks would require a variance in addition to the land use requests currently being considered by the petitioner. The preliminary grading plan shows plans to install a storm water pond in the southwest corner of the most westerly lot. The pond design appears to be sufficient according to City Staff, but would require further review of more detailed plans and watershed district review and approval. Also, Section 205.17.1.C(8)(a) of the Fridley Zoning Code must satisfy the requirements of other governmental agencies, like the MPCA, which would need to review and approve these plans. The City staff is concerned that contamination likely already exists in the soils of this property and advises that soil testing be completed before any new paving is installed. The preliminary landscape plan submitted does not provide staff enough information to determine whether it meets code requirements. It does appear to closely meet the requirements if most of the existing trees on site will be preserved in the paving of the site. For decades, there have been sewer and water problems at this site. The Finance Department staff has suggested that these problems be resolved during improvements to the site. STAFF RECOMMEDATION City Staff recommends denial of this Rezoning request ZOA #07-01, to rezone 7340 Central Avenue from C-1 Local Business to M-1, Lightlndustrial, noting the following reasons: ■ Proposed rezoning is not consistent with the Comprehensive Plan. ■ Proposed rezoning would negatively impact the residential properties across Central Avenue. ■ Double frontage parcel does not allow for adequate screening of an outdoor intensive industrial use. City Staff recommends denial of the special use permit for SP#07-01, to allow an automobile recycling center in an M-1 zoning district, noting the following reasons: • Proposed site plan does not meet code required curbing, paving, or building setbacks on any of the four parcels involved. • Proposed site plan does not include plans to remove all substandard buildings on the site. • Proposed site plan does not include plans to remove fence height or setback nonconformities or a variance request. STIPULATIONS If a decision for approval is rendered by the City, staff recommends the following stipulations be attached to the approval of either of these land use requests: 1. Property owner conduct soil testing and provide City and other applicable government authorities proof of clean soils prior to installation of any new impervious surface on any of the parcels involved in the approved application. 2. Once Petitioner owns all of the property used for his business, owner shall file necessary documents with Anoka County to combine the parcels for tax purposes. 3. The single family home, garage, and numerous accessory buildings in disrepair at 1240 73 '/2 Avenue and 7340 Central Avenue be removed. 4. Petitioner to obtain approval of grading and drainage plan from the watershed district. 5. Petitioner to obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 6. Petitioner to obtain all necessary permits prior to construction. 7. Site Plan needs to be adjusted to provide code required curbing/paving installation setbacks. 8. Petitioner to meet all building and fire code requirements. 9. City Engineering staff to review and approve final grading and drainage plan prior to issuance of permits. 10. Storm pond maintenance agreement must be filed prior to issuance of land alteration permit. 11. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 12. Final landscape plan to be reviewed and approved by City Staff prior to issuance of land alteration permit. 13. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. Property owner of record at time of land alteration to correct any deficiencies in the water and sewer connections to the buildings on site. 15. Secondary access curb cuts and gates in fence on Lot 16 and 17 on 73 '/2 Avenue must be removed as part of redesigned site plan. 16. Any business signs that are not approved currently by a sign permit must be removed from the site until a permit is obtained. 17. Petitioner to reduce screening fence height to 8' or obtain variance. Discontinuance of Business If the City denies the petitioner's request for rezoning and a special use permit, the business as it exists must be removed from the site. Staff recommends that if the City Council moves to deny ZPA #07-01 and SP#07- O1 that the City Council in the same motion provide detailed direction to the property owner(s) and business owner as to how the site must be cleared of the non-permitted activity within one year of Council action. These requirements should include at minimum: 1. Remove all business signage within one year of Council action. 2. Removal of all full and partial automobiles as well as parts outside of the building. 3. Removal of all automotive fluids and hazardous materials from the premises. 4. Removal and sweeping of soil from the paved surfaces at each entrance to the site. 5. Removal of all fence sections and posts. 6. Removal of any buildings which do not meet State Building Code requirements or Fridley Zoning requirements. 7. Removal of any equipment or racking. 8. Removal of all material and litter in the public right of way around the site. 9. All disturbed soil must be graded and landscaped (lay sod or seed) to assure soil is stabilized to resist wind and water erosion. � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF MAY 7, 2007 May 2, 2007 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #07-03, Richard Carlson for Park Construction M-07-14 INTRODUCTION Richard Carlson, petitioner, is seeking to replat multiple parcels including vacated streets and alleyways, to create two lots, which will allow the petitioner to continue to use and develop the property generally located at 30 81St Avenue NE. PLANNING COMMISSION RECOMMENDATION At the April 18, 2007, Planning Commission meeting, a public hearing was held for PS #07-03. After a brief discussion, the Planning Commission recommended approval of the preliminary plat request, PS #07-03, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on �nal plat. 2. All parking and drive areas to be paved per City Code requirements, except for the area for tracked vehicle parking that was approved with VAR #04-11. 3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be required along those property lines abutting public right-of-ways. Landscape plan to be submitted and approved by City staff prior to installation. 4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor storage and without a principal structure, the final plat should show one lot instead of two. City of Fridley Land Use Application SAV #07-01 & PS #07-03 April 18, 2007 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Richard Carlson 2931 Linden Drive St. Paul MN 55112 Requested Actions: Vacate unimproved portions of Ely Street, Liberty Street, Longfellow Street, and the alleys located between the above mentioned streets. Replat multiple parcels to create two lots. Existing Zoning: M-3, Outdoor Intensive, Heavy Industrial Location: 30 81St Avenue — corner of 81St Avenue and Hickory Street Size of Property: 339,632 sq. ft. 7.79 acres Existing Land Use: Park Construction building and outdoor storage related to business. Surrounding Land Use & Zoning: N: Dahke Trailer Sales & M-3 E: X-tra Lease & M-3 S: Industrial & S-3 W: Railroad & RR Comprehensive Plan Conformance: Consistent with Plan. Property History: 2004 — Received preliminary plat approval for Lot 1. — delayed final plat request to acquire more parcels. 2004 — Variance granted to allow a portion of the parking lot to remain gravel for the purpose of storing tracked vehicles. 2004 — Building constructed. Legal Description of Property: See Attached Certificate of Survey. Public Utilities: Building is connected. Transportation: 81St Avenue and Hickory Street provide access to the property. Physical Characteristics: Parcels to the north house a building, hard surfaced areas, outdoor storage and landscaping. Parcels to the south are vacant, cleared land with outdoor storage. SUMMARY OF REQUEST The petitioner, Mr. Carlson is seeking to vacate portions of Ely Street, Liberty Street, Longfellow Street, and the alleys located between Ely Street, and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79tn Avenue that are not used by the general public. Vacation of these streets and alleys will allow the petitioner to continue to develop and use the property for their construction business. The petitioner is also seeking to replat multiple parcels with the vacated streets and alleyways, to create two lots, which will allow the petitioner to continue to use and develop the property generally located at 30 81St Avenue NE. SUMMARY OF ANALYSIS City Staff recommends approval of the street vacation, with stipulations. Due to the following factors: • Streets and alleys can't be connected through. City Staff recommends approval of the replat request, with stipulations. • Replat will allow the petitioner to develop and utilize property. CITY COUNCIL ACTION / 60 DAY DATE City Council — May 7, 2007 60 Day Date — May 14, 2007 Staff Report Prepared by: Stacy Stromberg SAV #07-01 & PS #07-03 REQUEST The petitioner, Richard Carlson of Park Construction Company, is seeking to vacate portions of Ely Street, Liberty Street, Longfellow Street, and the alleys located between Ely Street, and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79th Avenue that are not used by the general public. Vacation of these streets and alleys will allow the petitioner to continue to develop and use the property for their construction business. The petitioner is also seeking to replat multiple parcels with the vacated streets and alleyways, to create two lots, which will allow the petitioner to continue to use and develop the property generally located at 30 81St Avenue NE. HISTORY The pie shaped area (shown on the next page) between the railroad tracks to the west and the previously owned Park Construction site at 7900 Beech Street to the east, which is currently Ryan Companies and Xtra Lease, is made up of many small parcels. Over the years many of the lots have gone tax forfeit and the Carlson family has acquired them. As you will recall in 2004, Mr. Carlson received preliminary plat approval to replat the northern lots into one lot. This allowed Park Construction to develop the property, by constructing an office/warehouse building, which got their business up and running. In 2004, Mr. Carlson also received approval to vacate the street and alleys that were encompassed within Lot 1. At that time, the Carlson's owned a majority of the parcels and were in the process of obtaining the remaining parcels from the Metro Waste Commission and a private party. The City Council approved the preliminary plat and vacation on August 23, 2004. In early 2005, Mr. Carlson informed staff that they had purchased the remaining lots from the private party and the Metro Waste Commission was interested in selling their lots. Purchasing the lots from the Metro Waste Commission would however take some time since the Commission first had to get the lots appraised and then they would put them up for sale. Because Mr. Carlson was so close to obtaining the remaining lots within pie shaped area, staff advised Mr. Carlson to hold off on pursing final plat approval for the northern lot and wait until he has ownership of all the lots to apply for a preliminary plat for the entire pie shaped area. At that time, Mr. Carlson would then also be able to request a vacation for the remaining streets and alleyways. At the end of 2006, Mr. Carlson contacted City staff to say that the transactions to purchase the lots from the Metro Sewer Board has finally been completed and he now is the owner. As a result, he is requesting the current preliminary plat request for Lots 1 and 2 of Park Shop and the corresponding street and alley vacations. ANALYSIS As stated above, the petitioner is requesting a preliminary plat to replat multiple small parcels into two lots. Lot #1 (shown in green) is currently occupied by an office/warehouse building for Park Construction, hard surface areas, outdoor storage of construction vehicles and equipment and landscaping. Lot #2 (shown in blue) is currently being occupied with the outdoor storage of materials of Park's construction business. The portions of Ely Street, Liberty Street and Longfellow Street proposed to be vacated (shown in yellow) are located directly east of the Burlington Northern railroad tracks. The alleyways proposed to be vacated (shown in yellow) are located between Ely Street and Liberty Street, Liberty Street and Longfellow Street, and Longfellow Street and 79th Avenue, east of the railroad tracks. If the vacations of the streets and alleys are granted, the petitioner would gain ownership of all of them and they would be encompassed within Lots #1 and #2. The streets or the alleyways could not be connected through because of the railroad tracks to the west and the private property located to the east. Current Public Works staff has indicated that there is no longer a reason to keep these right-of-ways. Since there are no other neighboring property owners affected by this request, the petitioner is the only one required to sign off on the vacation. � Park Shop Plat Green — Lot 1 Blue — Lot 2 Red — Portion of street and alley already vacated Yellow — Street and alleys proposed to be vacated RECOMMENDATION City Staff recommends approval of the street vacation, with stipulations. ■ Streets and alleys can't be connected through. City Staff recommends approval of the replat request, with stipulations. ■ Replat will allow the petitioner to develop and utilize property. STIPULATIONS Staff recommends that if the vacation is granted, the following stipulations be attached. 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. All parking and drive areas to be paved per City Code requirements, except for the area for tracked vehicle parking that was approved with VAR #04-11. 3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be required along those property lines abutting public right-of-ways. Landscape plan to be submitted and approved by City staff prior to installation. 4. 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