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06/11/2007 - 6131� � CffY OF FRIdLEY FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 200T ?:30 p.m. - City Council Chambers Attendance Sheet PL�ASF AR/NT NAMF, AaDRFSS AMU /TFM NUMB�'R YOU ARF /NTFRFSTFD /N. FRIDLEY CITY COUNCIL MEETIN� O� JUNE 11, 2007 r . � 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) �'I � ?� �7i PLEDGE OF ALLEGIANCE. VALUES FIRST COMMUNITY RECOGNITIQN YOUTH AWARD Noah Craft PROCLAMATION: Stand for Children Day - June 16, 2007 STATE LEGISLATIVE UPDATE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Licenses ............................ 6. Estimates ADOPTION OF AGENDA. �A. 22 - 2' 24 o � ^ iz� -� A g� eB /a� Pr �-�'''.�ve.c-f/ �2 ur�a'"r`^ A v� �e�-- � � � �� l i z K► - i Z L��.e...�L— � 7�.0'�. ,� � g,�-�- l. �► W we�-� � � � -� n . APPROVAL OF PROPOSED CONSENT AGENDA: Y1 � 2,e�n2vuz ��t-e v�r s APPROVAL OF MINUTES: �`' �" "'- � �- ��'s12 2S- ,�Z�"' City Council Meeting of May 21, 2007 v� � �� v�� ___�OP�� NEW BUSINESS: � � �� ,� �`�� 12 Approve Change Order No. 1 to 2007 Street Improvement Project No: ST. 2007 - 1 ....... ........ 1- 3 OPEN FORUM IVISITORS): not on Agenda -15 Minutes � �J i GJ2 c� �n c7 �- �2 Consideration of Items ,� �" s c,,1 � e �-- � OLD BUSINESS: AB�ss/��rl��J "�C�ic IA--Q�--� 7 ��(�IS��S� IZP� � �,�� R Approve Easement Agreement between the � 8. City of Fridley and CenterPoint Energy Resourc � CO�'I�•, �A ................... 4 -1 � ` �� A �L,�.....� ...`k�- rpa �✓ � pcLv` �" � � �t�U J �"� '` ' rl�-- � (� M� " ` �10� `"'/ ��'UCK- C'�� v �3�2 Resolution Supporting the Improvements to Springbrook Nature Center Associated with the SPRING (Sanctuary Protection & Renewal into the ;� Next Generation) Project and Supporting the Request to the State of Minnesota for Financial�- J"_ � �'� r✓� � Second Reading of an Ordinance Amending � � Chapters 602, 603 and 606 of the Fridley City Code Creating a Patio Endorsement for Licensed On-Sale Liguor Establishments ......... 25 - 35 SL/S s� � - � C A � r� �-`�t ) . / ��-w��u-�� -1 �� r1._C�c-�-� - P c��.�w 5212 �( c,h-�-L-y � o��, vu--L v� �- � �A B- Nc� `�" - 1n-�;,,c�_ . . ,, . Z�j 3� K) j� n Second Reading�bf 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 Sam's Auto Parts, Generally ' Located at 7340 Central Avenue N.E.) '� (Ward 2) ...... ..�.{.;.,�s �.r..�....... 36 - 45 � � .� J� � .� z s� � � �� ,,1 � �/ � � �' Assistance O^.�� ................��6�0 �� 9. Special Use Permit Request, SP #07-01, by /� p � Barry Hoosline for Sam's Auto Parts, to Allow �� j/ -�� an Auto Recycling Center in an M-1, Light Industrial Zoning District, Generally Located at 7340 Central Avenue (Tabled May 7, 2007) 4. Claims ................................... 21 � ard 2 ^ . 46 - 53 � ) ,x . . . . ...........�.�... . ,� �y✓,��ip� �1�`��' S P>2 �?� �-�� , J -�° � �l �-��°� � , �, ,�,, ��' � ,� � i �\�� FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 __ PAGE 2 NEW BUSINESS: � �� 10. First Reading of an Ordinance of the City of �I�� f� Fridley Amending Chapter 7 of the Fridley � I City Charter (Section 7.02 of the Fridley � City Charter Pertaining to Utility Rates) .................................. 54 - 55 A�� `� g'� ;,�v� 11. Resolution Ordering Final Plans and Specifications ��"I � and Estimates of the Costs Thereof: Mill and Overlay � �y,�� Project No. ST. 2007 — 2 sr- � ................... 56 -� �,,a, � Q � �j0�1 ' � � c�:�" �-�,`� �� — :e..��—. � �� 12. Extension Request for Preliminary Plat, �j�o P.S. #05-02, by Family Lifestyle Development �� z' ��,/k Corporation, Generally Located at 1314 �� J U` Mississippi Street, 1340 Mississippi Street, 6421 Central Avenue and 6461 Central Avenue (Ward 2) ................................ 58 - 59 13. Informal Status Reports ..................... 60 ADJOURN. � � �,. 19� � � .s-z � � CITY COUNCIL MEETING OF JUNE 11, 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. VALUES FIRST COMMUNITY RECOGNITION YOUTH AWARD Noah Craft PROCLAMATION: Stand for Children Day — June 16, 2007 STATE LEGISLATIVE UPDATE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 21, 2007 NEW BUSINESS: 1. Approve Change Order No. 1 to 2007 Street Improvement Project No. ST. 2007 - 1 .......................................................... 1- 3 FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Approve Easement Agreement between the City of Fridley and CenterPoint Energy Resources Corp . .......................................... 4- 15 3. Resolution Supporting the Improvements to Springbrook Nature Center Associated with the SPRING (Sanctuary Protection & Renewal into the Next Generation) Project and Supporting the Request to the State of Minnesota for Financial Assistance................................................................................................... 16 - 20 4. Claims ................................................................................................... 21 5. Licenses ................................................................................................... 22 - 23 6. Estimates ................................................................................................... 24 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 3 OLD BUSINESS: 7. Second Reading of an Ordinance Amending Chapters 602, 603 and 606 of the Fridley City Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments ..................................................................... 25 - 35 8. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #07-01, by Sam's Auto Parts, Generally Located at 7340 Central Avenue N.E.) (Ward 2) ............................................................ 36 - 45 9. 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 (Tabled May 7, 2007) (Ward 2) ................................................................................................. 46 - 53 NEW BUSINESS: 10. First Reading of an Ordinance of the City of Fridley Amending Chapter 7 of the Fridley City Charter (Section 7.02 of the Fridley City Charter Pertaining to Utility Rates) ........................................................ 54 - 55 11. Resolution Ordering Final Plans and Specifications and Estimates of the Costs Thereof: Mill and Overlay Project No. ST. 2007 — 2 ............................................................................... 56 - 57 FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 4 NEW BUSINESS (CONTINUED): 12. Extension Request for Preliminary Plat, P.S. #05-02, by Family Lifestyle Development Corporation, Generally Located at 1314 Mississippi Street, 1340 Mississippi Street, 6421 Central Avenue and 6461 Central Avenue(Ward 2) ........................................................................................... 58 - 59 13. Informal Status Reports ................................................................................ 60 ADJOURN. �� t � i i t STAIVD FOR CXILDREIV DA Y June �6, �007 WHEREAS, in 1996, Stand for Children, a Washington-based grassroots organization, held a rally at the steps of the Washington Monument to mobilize and gather support for our nation's young people; and WHEREAS, the effort has grown to include an annual event called "Stand for Children Day" to bring attention to the most pressing issues facing our Nation's children; and WHEREAS, caring for our children must be the first priority of our families, community and nation; and WHEREAS, the early years of life build the foundation for successful youth and healthy adults; and WHEREAS, on June 16, 2007, families, members of the community and business organizations will join together at the '49er Days celebration to recognize how important our children are and to dedicate ourselves to addressing their needs; WHEREAS, the Values First Initiative will sponsor the event and a variety of activities have been planned. NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Saturday, June 16, 2007, as: STAIVD FOR CHILDREIV DAY in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be af�xed this 11th day of June, 2007. SCOTT J. LUND, MAYOR CITY COUNCIL MEETING CITY OF FRIDLEY MAY 21, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-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 Layne Otteson, Assistant Public Works Director Fritz Knaak, City Attorney Deb Skogen, City Clerk JoAnne Zmuda, 6051 Fourth Street NE Pete Borman, Fridley `49er Days President Virgil Haugan, 6010 7th Street NE Tim Hughes, 59th and 7th Street Tom Sutterland, 5850 7th Street Tom Myhra, 6360 Able Street NE Dick and Ardyce Edwards, 6050 7th Street NE Amy Zheng, 1632 Rick Creek Road NE Pete Eisenzimmer, 6535 Oakley Drive NE Don Findell, 6850 Siverts Lane NE PUBLIC SERVICE ANNOUNCEMENT: Layne Otteson, Assistant Public Works Director, provided a brief update on the Street Reconstruction Program. This summer's project involves the area north of 73rd Avenue, south of 61st Avenue and north of I-694. The typical construction project involves removing the pavement and going into the boulevards ten feet and removing the grass, landscaping and anything that would impact the reconstruction of curb lines and street construction. This summer's project will involve about 375 Fridley residents. The work for utilities will include water main, sanitary and storm sewer. Storm sewer extensions and catch basins will help provide a safer and faster draining area. Staff has found a very aggressive contractor who has already started stripping and grading streets in the northern area. The excess materials will be FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 2 taken to ball fields one and two at Community Park. Home plate and the infield will be raised which should assist with drainage on the fields. The street project should be completed in early November but may be finished early. If anyone has questions regarding this project they may contact him at 763-572-3551. Councilmember Saefke asked if the residents will be notified prior to the curb being installed. Mr. Otteson answered that residents would be notified less than a week but more than three days before the curb installation would occur. Mayor Lund asked if the drainage would be improved on 6th Street and 63rd Avenue. Mr. Otteson answered the area has been looked at and the pipe in that area is small and flat. There is not a lot that can be done with this area but the capacity can be increased by putting in more inlets and replacing the catch basins. The grade of the street will also be improved which will help the drainage. Mayor Lund stated that replacing this pipe would be an expensive project and asked if there was any way to install a mechanical pump that was pressurized to force feed the pipe. Mr. Otteson answered that this would be called a lift station and that idea has not been discussed. Staff is aware there is a problem in that area but a lift station would involve extended maintenance costs and upfront dollars, as the lift station is expensive to install and maintain. Councilmember Saefke asked if catch basins would be installed on 61st and 63rd Avenues. Mr. Otteson answered that catch basins in that area are not in the plan but they will adjust the high point of the road to shift more water away from the problem area. The street will also be lifted up so the driveways will not be so steep and the drainage should improve. Councilmember Saefke asked if this was a cost savings mechanism. Mr. Otteson answered yes. Instead of excavating down, the good gravel would be stripped from the top and excess material from other jobs would be used at that location which saves on trucking costs. Councilmember Saefke asked if the City saved substantially on the bids this year since it is a slow season for construction. Mr. Otteson answered that the prices were lower this year and the City probably saved over $300,000. Councilmember Bolkcom asked if the reseeding from the prior project would be taking place sometime in the next few weeks. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 3 Mr. Otteson answered that currently a few people are working on this issue and that it is a very slow process. The City will be using a hydro mulching process where the material may look white in appearance but there is seed in the material. The project has been started, but he is not sure when it will be completed. Councilmember Varichak asked how the other improved ball fields at Community Park were doing. Mr. Otteson answered that the fields look good but it is less than a year old and it takes time for the grass to mature. The fields are draining much better and they are practicing on the fields. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council meeting of May 7, 2007. APPROVED WITH CORRECTION ON PAGE 19. NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of May 2, 2007. RECEIVED. 2. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and the Capital Improvement Fund for the Year Ended 2006. William Burns, City Manager, said overall, General Fund expenditures are over $100,000 under budget. Most of the General Fund's over expenditures represents three major items: Street lighting ($55,000) due to energy costs, Fire Department Retirement Fund ($68,000), and legal costs associated with prosecution of additional crimes in 2006. The expenditures for the Special Revenue Funds are all offset by current year revenues. The Capital Improvement Fund adjustments were largely accommodated by applying unspent appropriations for capital outlay items. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 3. Claims (131706 - 131896) APPROVED. 4. Licenses. ADOPTED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 4 5. Estimates. APPROVED. Councilmember Bolkcom asked to correct Page 19 of the City Council meeting minutes. In the sixth line of the second paragraph, "father" should be changed to "farther." MOTION by Councilmember Barnette to approve the consent agenda with the correction to the minutes. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA. Councilmember Varichak asked for removal from the table the license regarding livestock as it relates to pigeons at 6632 Rice Creek Road NE to place the item as l0A on the agenda. MOTION by Councilmember Varichak to adopt the agenda with the addition of Item 10A. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Peter Borman, President of Fridley `49er Days, reminded residents of the upcoming Fridley `49er Days on June 13 through 17. This year there is a new venue. The carnival will be located at the Fridley High School parking lot and the bands and food vendors will be at Commons Park. Other events will be held at the Community Center. Councilmember Barnette asked where the parking would be this year. Mr. Borman answered that parking will be at the Community Center and at the Fridley Middle School. Some limited parking and handicap parking will be at Commons Park in the south parking lot. There will be fireworks on Saturday night at 10:00 p.m. If residents want more information they check out the Fridley website. William Burns, City Manager, mentioned that a schedule of events is also listed in the City Newsletter. PUBLIC HEARING: 6. Consideration of Mill and Overlay Project No. 2007 — 2. MOTION by Councilmember Saefke to waive the reading of the public hear notice and to open FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 5 the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPENED AT 7:50 P.M. Layne Otteson, Assistant Public Works Director, stated that this mill and overlay project includes the streets of 61st Avenue and 7th Street. This is the second year on the City's assessment policy for major maintenance of streets that have concrete curb and gutter. This program will continue the upkeep of our existing streets. It has been determined that patching is no longer sufficient to maintain a safe travel surface in several areas of the street. The City continues to spend a lot of money on maintenance with seal coating and crack sealing. A notice of this meeting was published in the Sun Focus and individual letters were mailed on May 8. The project consists of removing the top two inches of the deteriorated asphalt and repaving the street. The proj ect area is 61 st Avenue from University to 7th Street and 7th Street from 61 st Avenue to 53rd Avenue. Mr. Otteson stated that the total estimated cost for the project is $66,000 for 61st Avenue and $233,000 for 7th Street for a total of $299,000. The funding for the project will be $181,000 from the City of Fridley. The amount of $118,000 will be assessed to properties. On 61st Avenue, non R1/R2 properties were assessed as part of the project. Non R1/R2 assessment is calculated by dividing the total cost by the length of the roadway, then each side of the street pays 50% of the cost per foot to resurface the street. The estimated cost per centerline foot is $63.38, non R1/R2 properties that are abutting 61st Avenue are assessed 1/2 which is $31.69 per foot of frontage. The City of Fridley pays the remaining cost. On 7th Street, 67 properties are designated as R1/R2 properties and will be assessed $1,017 each. This is the cost for a standard 32 foot wide residential street. The existing street is 44 feet wide, so the amount is prorated down. The non R1/R2 assessment is calculated by dividing the total cost by the length of roadway. Each side of the street pays 50% of that cost per foot to resurface the street. The estimated cost per centerline foot is $34.16. The non R1/R2 properties abutting 61 st Avenue will be assessed $22.08 per lineal foot of frontage which is 1/2 of the total cost per foot. Again the remainder will be paid with City funds. Mr. Otteson stated that the assessment options are as follows: 1. A lump sum paid within 30 days of the assessment hearing which is after construction. 2. Having the assessment added to property taxes and paid over 10 years with an interest rate of 6 1/2 to 7%. The interest rate is unknown until the time of final assessment. 3. Senior Citizens meeting certain criteria (age 65 and income level) and request to have the assessment deferred until the future sale of the property. Interest would start to accrue until the sale of the property occurs. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 6 Virgil Haugan, 6010 7th Street NE, asked if the Community Center and the vacant land down to the ball field were being assessed and who was paying the charges. Mr. Otteson answered that the property would be paid by the City of Fridley. This would be figured in as a non residential area so the residents would not have to subsidize that area. Mr. Haugan asked if 7th Street was a County-owned road. Mr. Otteson answered that 7th Street is a MSAS (Minnesota State Aid Road) which means that the City gets money back from the State to maintain that road. Councilmember Barnette asked for clarification regarding the land by the ball field. The City is paying for that and it is not figured into what the residents are paying. Mr. Otteson answered that is correct. Mr. Haugan asked if everyone is being assessed the same amount. Mr. Otteson answered yes, the residential portion is divided up equally between the residents. The non-residential properties are assessed per lineal foot which is substantially higher. Councilmember Barnette asked if any other factors were used in the senior rates besides age. Richard Pribyl, Finance Director/Treasurer, answered that income also qualifies. He reminded people that the interest would accrue over a period of time if the fees were deferred and they would be paid at a later date. Mr. Haugen commented that about 80% of the people who use the streets in Fridley do not live in Fridley and he felt residents were being assessed unfairly. Mayor Lund agreed but said it was a public road and it is our responsibility to maintain the road. It is a busy street that is in need of repair. Councilmember Saefke asked about the St. William's property on 61st and if they were assessed. Mr. Otteson answered that St. William's was assessed as a commercial property. Tim Hughes, asked if the residents involved in this project would be getting new gas meters like other streets that are being repaired. Mr. Otteson answered that projects with complete reconstruction offer an opportunity for gas lines to be replaced. This current project is a mill and overlay project and the gas company would have to replace the meters on their own because they would disturb the street and boulevard which is not to be restored in this project. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 7 Mr. Hughes said that the residents in this project will not get new gas meters like everyone else, just new roads. His biggest complaint is that since the townhomes were constructed, he lives on two busy streets and he is paying for a new road in front of his house when the current one is perfect. Police cars run so fast down this road the windows in his house shake. Evidently the road is safe enough for police cars. Mayor Lund said if the road was perfect, staff would not waste the money to fix the road. There have been several complaints that 7th Street is a rough street. Mr. Hughes said the road is rough down by the bridge by Medtronic's because of the big trucks going in and out of that area, but the road in front of his house is perfect. The road from 57th Street to 63rd Street is better than most of the streets in Fridley. Mr. Otteson said that the road rating system is done annually. The rating system shows that 61st Avenue is one of the top five candidates. When spring comes and the frost is out of the ground, staff looks at what areas are worst in terms of spending a lot of maintenance dollars. It looks as if more maintenance dollars would need to be spent on 61st and 7th as the streets are coming apart quicker. The curbs will not be touched in this project. This is just a mill and overlay proj ect. Once you add up crack repairs, wedges, and spot repairs, the costs can add up. The City does not want to spend money on streets if it is not needed. Mr. Hughes said that the City has done an excellent j ob at maintaining the streets between 61 st and 57th Street. Tom Sutterland, 5860 7th Street, asked who would pay for the Medtronic area. Mayor Lund answered that Medtronic would be assessed at the higher rate. Mr. Sutterland stated that the street is in great shape and there are a lot worse in the City. The rescue, police and ambulances go fast down the neighborhood and drive okay. Many people go down 7th Street because it is safer and there is less traffic. Councilmember Bolkcom suggested for residents who see fast rescue vehicles going through the area to contact Don Abbot to complain giving the date and time of the incident. Mr. Sutterland added that no one stops at the stop sign on 59th Street either. Police have been there and ticket people all the time. He questioned why they are resurfacing the road when it was done three years ago. They laid down gravel and oil and re-striped the road. Mayor Lund stated that this is a seal coat which is not done every three years but there is no guarantee when the road will break up again. He asked if the residents are saying that only certain sections of this road need to be replaced. Mr. Sutterland answered that is correct. Councilmember Bolkcom asked if the street does not need to be done now if another FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 8 assessment could be done again to determine if this is needed. She wanted to make sure that residents understood that the City would not come back next year if all of a sudden the road started falling apart. If residents do not want it done, the City will move on to another area so it could be a gamble that it will not get done for quite some time. Mr. Otteson said he understood the position of the residents. Staff is trying to determine what areas fall apart the most and cost the most to maintain. In the future, if a complete reconstruction is needed, the cost to the residents will more than double. The reason staff is in favor of this project is because the price went down this year and you need to consider the increase in price for a future project and deeper excavation may be needed. Also the residents are only being assessed for a 32 foot wide road vs. a 44 foot wide road. Property owners are only being assessed 1/3 of this project and the City is taking in the rest of the cost. Councilmember Saefke asked if it was possible for a spot overlay. Mr. Otteson said that is possible, but the cost would increase because mobilization for vehicles to come in and do the project is a large part of the cost of the project. Using smaller pavers for smaller projects is not as cost efficient, so the price would be higher. Mr. Haugen asked if the street drains would be brought up to the street level. Mr. Otteson said that the manholes would be adjusted. Councilmember Saefke said there is a contractor coming in to do the project on University and 7th Street and he asked if the same contractor could do a spot repair. A number of water main breaks have happened along 7th Street over the years and when a patch is done it will leave a crack. He asked if there was a new method used to take care of the problem with cracks. Councilmember Bolkcom questioned if more patches were done if it would create more problems and the City would need to keep sealing the area. Mr. Otteson said that you do end up with a seam and it can be felt when you drive over it. When a water main breaks, the patch is usually high or low, as it is hard to match the seams from all areas. With the mill and overlay proj ect you dig down and rebuild the area. Mr. Sutterland commented that if a water main breaks, a patch will be done over the new road again and soon they will be back to patches, seams and ruts. Councilmember Bolkcom asked if there was anyone else present who was not in favor of the project. She asked how many properties on 7th Street would be affected by this project. Mr. Otteson stated that there are 57 properties on 7th Street that are R1/R2 and 11 non R1/R2 properties. Ardyce and Richard Edwards, 6050 7th Street, agreed that the road is okay the way it is, except where the stop signs are located. They questioned why fix the road if it is okay with all FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 9 the traffic that travels the road. Sometimes they can wait 10 minutes to get out of their driveway because they are the third house down from 61st and need to watch from both areas. They are 50 year Fridley residents and just put in a new driveway and landscaping. Mayor Lund said there is no guarantee there will be no problems if the street project is done. Things break over time like water mains. Mr. Edwards asked if a stop sign could be installed for people coming out of the Community Center. Mr. Otteson took note of the request and said he would look into the possibility. Councilmember Saefke asked if anyone at the meeting was in favor of the street reconstruction project and no one raised their hands. Mayor Lund reminded citizens that this will be an action item at the next Council meeting on June 11. Councilmember Bolkcom asked if staff could go back and look at the situation again and find out how many times the street was patched. There are 68 people who live on this street and only three residents are complaining. Mr. Otteson said he would look into the proj ect further. Councilmember Bolkcom asked if a report could be created about the reasons that support this street proj ect. Councilmember Varichak said the three people who spoke felt there are certain parts of the street that need to be done but not the entire street. MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:35 P.M. 7. Consideration of an Ordinance Proposing to Amend Section 7.02 of the Fridley City Charter Pertaining to Utility Rates. MOTION by Councilmember Barnette to waive the reading of the public hearing notice and to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:36 P.M. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 10 Richard Pribyl, Finance Director, said that in addressing the needs of the City related to the continuing losses in the utility funds and the concern as to whether or not the City is allowed to bond for needed capital improvement projects, the City of Fridley had its Bond Counsel, Briggs and Morgan, review the situation. They prepared an extensive memorandum as to the legality of the Charter's restriction on utility fees within the Enterprise Funds. The memorandum indicated that they understood the State Law to supersede the Charter in this particular case. They felt the Charter could not limit the City from charging residents for the utility services they provide by charging rates that were intended to recover actual costs. Based on this information and the results of the 2006 election, the Fridley City Council adopted Resolution No. 2007-15 on February 26, 2007 directing the City Attorney to draft a letter requesting an opinion from the Attorney General regarding whether or not the City Charter is in conflict with State law in relation to the annual limitation imposed on utility rates. The Attorney General provided their response to the City Attorney on April 18, 2007. The Attorney General's office would not provide an opinion on this issue. Mr. Pribyl stated that in 2001, the utility fees were included in a Charter amendment that limited the water, sanitary sewer and stormwater rates to increase by the lesser of 5% or the Minneapolis/St. Paul consumer price index. Staff and City Council are very concerned about this issue, since a large portion of cost is beyond the control of the City Council. As of December 31, 2001, which was the first total year of restriction, the operating loss for utilities was $144,881. This amount reflects the net loss for that particular year. Utilities continued to lose money. The operating loss for the period ending December 31, 2003, was $795,736. In 2004, an amendment was recommended by ordinance to the City Council to remove the restriction for the utilities. In 2004 enough signatures were collected to have the question on the ballot and it did fail with a yes vote of only 38%. Utilities continued to lose money through 2004 and 2005. In 2005, City Council recommended an ordinance to the Charter Commission to remove the restriction. In 2005 the City adopted the ordinance, sent the question to the electorate again, and the question failed again with a yes vote of 39%. By the end of 2005, the total funds lost were $939,290 and the Council then decided to ask for a rate increase of about $26.00 per year. The question failed with a yes vote of 48%. By December 31, 2006 the utility funds were at a loss of $1,261,275. By the end of 2007, the funds will be depleted and necessary maintenance will be carried into future years. Mr. Pribyl stated that the City has considered a number options regarding the rates, but each time the City considers some change in the rates, it violates the limitations within the Charter. Both City Council and the Charter Commission agree that this change to the Charter is necessary to stop the erosion of capital from causing deeper and significant harm to the City's finances. Pete Eisenzimmer, 6535 Oakley Drive NE, provided his opinion on the matter. Pete Borman, 120 River Edge Way, stated that he is on the present Charter Commission and is all for the change. This has been brought to the City of Fridley 3 times, not 5 times. The City is losing money to the cost of over a million dollars because of the restrictions that are within the Charter. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 11 Tom Myhra, 6360 Able Street N.E., stated he has heard concerns from citizens and they have said that they are against this change. He said the Concerned Citizens of Fridley's concern is housing, and not this issue. He has had conversations with Councilmember Barnette. He said he voted yes for this change last time. He said Council needs to convince people that there is a lock box on the funds and it will not be used for anything other than utilities. Last time, more people voted for the change than those who were against it. Many did not vote because they did not know why the funds are needed. This fund is not all bad and it is a good source of funds for emergency use. Mayor Lund stated that the City has never used the utility reserve funds for other purposes. Funds spent have always stayed in those accounts for ongoing maintenance. Mr. Myhra stated that numerous people do not believe that. He suggested hiring a public relations professional to give suggestions on what the City needs to do and the best way to do it. Councilmember Barnette said he agreed that the information on how important this change is needs to get to the public. A1 Stahlberg, 8055 Riverview Terrace, stated that he agreed with Mr. Myra in that the residents do not believe Council. He asked if Council could live with just a 5% increase. Mayor Lund replied no. Five percent would certainly help and lessen the loss, but if we want to build up a savings account to fix equipment, 5% would not be enough. If maintenance is deferred too long, the cost for repair will continue to rise and the delivery of services to residents will also be affected. Mr. Stahlberg asked if the utility bill could be broken down listing the increase for utilities, water, sewer, maintenance fees, etc. People would then know where the money is going. Councilmember Saefke stated that Mr. Stahlberg mentioned charging a service fee. Most utilities charge a connection fee which is above and beyond the use of the product. This fee is for transportation and distribution of the utilities. City Charter does not allow Fridley to charge a connection fee, so the City is trying to recoup and now does not have enough funds to even get a loan. The City needs collateral such as reserves. Interest rates are increasing and today you cannot float a bond for utilities. The restrictions of the Charter include the utilities. The City has used up the reserves to the point they cannot even borrow money. Mr. Stahlberg asked if the utility bill could be itemized. Councilmember Bolkcom stated that the utilities are itemized in the budget by line item. The rates are set at a level to provide services. It is a State Law that the City cannot increase the prices anymore than the cost of living. It is just like a homeowner who puts away money for maintenance, the City needs to do the same. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 12 Mr. Stahlberg asked if this could be itemized on the resident's bill so people can see where the money is going. Itemize the bill with categories such as: pass-through costs, utility costs and maintenance costs. Most people do not read the City budget or understand it. William Burns, City Manager, stated that the amount of money in reserves is based on depreciation of assets such as the water towers and water main lines. These items need to be replaced over a number of years so there is no fixed level in the reserves. Right now we need $1.1M to fix the water tower and do not have a dime in appreciation. The Charter has gotten us into this situation. Water is something that you cannot do without. It is a matter of public health, safety and welfare. We need to respond to the maintenance needs to continue these services to the residents. Mr. Pribyl said that is what the City has been advocating for years is that they should be maintaining a level of cash reserves to take care of infrastructure maintenance. Don Findell, 6850 Siverts Lane, said he was on the Charter Commission in 2000 when this issue first came up. Now we are seeing the unintended consequences due to the action taken. For years the Charter Commission has been trying to right the wrong, to get the budget back in line to where it should be. We hire City Managers, Finance Managers, elect Council Members to take care of these things. For citizens to think that they are so much more able to manage the City finances without having all the details does not work. He is not in favor of the public micro managing this situation. The legality of these issues are well within the requirements of the State to maintain adequate finances by selling a commodity, water/sewer, to residents. The City can raise rates to build reserves, not to make a profit. The City cannot overcharge for the water/sewer on the bill. Citizens need to know and understand what it takes to maintain things like the water tower. Residents need to know that we have good people managing our affairs. He hopes there will not be a referendum coming because this must be done. Carol Hoiby, 5380 Seventh Street N.E., Charter Commission member, said she is in favor of this and does not think people understand. This is only $26 per household, which is not a lot of money for the services we are getting. Mr. Eisenzimmer, said that he has listened to the people talk tonight and they are all for it. If he was on the Charter Commission he would be for it too. The City needs money so why did we give Medtronic a tax increment of $600,000 to build projects on our money. HRA does nothing but give away money and this is our money that we should be collecting. Mayor Lund stated that this item is on utility rates only and asked if he could keep his comment to that subj ect. Mr. Eisenzimmer said he will get a referendum started. Mayor Lund commented that he was sorry Mr. Eisenzimmer felt this way. It has been on the ballot three times and it is too bad it has to go on again. Mr. Eisenzimmer said that if they do not do what the Charter says, there will be a referendum. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 13 JoAnne Zmuda, 6051 Fourth Street N.E., stated that she did not understand the issues but she does not think anyone in Fridley is against paying their fair share of the water. She asked why the City could not have more tiers. Fridley does not encourage water conservation. Raising the rates is fine if it is fair for all the citizens. She read that the City of Breckinridge states that with respect to public utilities for commercial and home use, the city and public utilities commission are authorized to set reasonable rates including rates in excess of the precise amount required to offer utilities. The City Council may transfer funds from the public utility funds to other expenditures. Mayor Lund stated that historically this has not been done by the City of Fridley. Fritz Knaak, City Attorney, said that the situation with Breckinridge was unique. The rule of thumb is the City can add charges that can include anticipated reserves that are prudent in the normal management process. The City Charter in this situation prevents this from happening to the extent that the City can ignore the Charter and get into a situation where they would not be able to provide services. In this situation, State law would prevail. This is not the case tonight but there is an opinion that the City's language may be in violation with State law. The City cannot make money or profit off of its utilities. What the City can do is charge for the services that are provided which includes, under State law, the provision for prudent reserves that are necessary for operation. Ms. Zmuda said she did not think anyone minds paying their fair share, but a lot of people feel like they are subsidizing businesses and the fact that there is no cap on how high these increases can go on bothers people. Many residents are on a fixed income and need to know how much their bills will be every month. Mayor Lund responded that the cap would be what it would take to pay the bills and offer services. Raising the tiers is beyond the restrictions in the Charter. The tiered structure would cost a considerable amount of money to do a feasibility study. Keep in mind that in the last 40 years Fridley has historically one of the lowest rates in the State. Ms. Zmuda said that according to the Charter the rates can be raised up to 5%. Mayor Lund added or the lesser of the rate of inflation. A problem is that we are subsidizing the commercial water user currently by operating at a loss. A small water user does help subsidize the use of water for heavy users. The Charter restrictions states that we cannot raise the rates to where they need to be so commercial users are getting a huge benefit. William Holm, 7424 Melody Drive, and member of the Charter Commission, asked if there was a first and second reading of the ordinance. Dr. Burns said that the first reading will be on June 11 and the second reading on June 25. Mr. Holm asked if it requires a unanimous vote to approve a Charter amendment. Dr. Burns said that is correct, it would need a 5/0 vote to pass. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 14 Mr. Holm asked if a petition is brought forward do they get two months to collect the necessary signatures before bringing it to Council. Mayor Lund said that once all the signatures are validated this item would be back to square one. Mr. Holm said that this item has been brought before the voters twice with a 38% yes the first time and 39% the second time. We need to educate voters on the need for this Charter change and that this increase is necessary to run this operation to break even. If this goes to the voters again, there is an issue again of educating the voters. Mayor Lund said that on the ballot vote to change the rate increase it takes a majority vote. It assumes that those who do not vote on the item vote no. Mr. Holm said it is important for people to know that right now we have used up all the money in the water fund. Unless something is done, in 7 to 8 years we could start bankrupting the City unless we resolve this problem. Water and its subsidy will take over all of City finances. Debra Skogen, City Clerk, stated that this would require a super majority, as State law supersedes the City Charter. This would require 51% of those voting on the question to vote yes for the question to pass. There would be 60 days after the second reading for a Referendum Committee to submit a petition. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:33 P.M. 8. Consideration of Special Use Permit, SP #89-08, for Sam's Auto World, Generally Located at 7570 Highway 65 (Ward 2) MOTION by Councilmember Saefke to remove this item from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE , MAYOR LUND DECLARED THE MOTION CARRIED AND THE ITEM WAS REMOVED FROM THE TABLE AT 9:36 P.M. Mr. Hickok stated that the next two items on the agenda involve two similar businesses. This particular item is for Sam's Auto World and the next item on the agenda is for Sam's Auto Parts. Sam's Auto World is at 7570 Highway 65. Council may recall that in 2006 there was great concern about auto sales taking place at this location. Staff investigated found that there were auto sales taking place and asked Council to review Special Use Permit, SP #89-08, and consider revocation of that permit. The owner of Sam's Auto World said he would relinquish their state license to sell vehicles and understood there was a problem at their store. Recently, staff was FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 15 still concerned that auto sales were happening. Further investigation has determined that all vehicles that were being offered for sale have been eliminated from this site. There were also concerns in the past about outdoor storage and salvage operations possibly happening at this location. The last item to clean up was the auto sales and this has been done. Staff recommends not taking any action to revoke the special use permit and staff will continue to keep an eye on this site. Councilmember Bolkcom asked if this is a public hearing and not an action item. Mr. Hickok said that this item comes with a recommendation from staff not to revoke the special use permit at this time. Mayor Lund asked if it would be appropriate to postpone this item indefinitely. Fritz Knaak, City Attorney, answered that this item could be put back on the table again if the public hearing is tabled. If the public hearing is closed, Council is not required to take subsequent action. MOTION by Councilmember Varichak to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:39 P.M. NEW BUSINESS: 9. First Reading of an Ordinance to Amend the City code of the City of Fridley, Minnesota, by Making a change in Zoning Districts (Rezoning Request, by Sam's Auto Parts, Generally Located at 1240 - 73 1/2 Avenue) (Ward 2). Julie Jones, City Planner, stated Sam's Auto Parts is located at 1240 - 73 1/2 Avenue. The property needs to be rezoned because the G1 zoning does not allow outside storage of parts. Because of the outside storage, the business also had to have an annual junkyard license. Mr. Hoosline is asking to expand the business that the City did not want in this location back in 1976. Several times the business was sent letters to come into compliance with the stipulations. Staff cannot recommend that Council approve this item. Councilmember Bolkcom asked if the owner had a problem with the list of stipulations. Lawrence Marofsky, Attorney for Sam's Auto Parts, stated that the owner would comply with the stipulations. They would prefer the service station would remain but planned to tear down the house. Councilmember Bolkcom stated that this is an opportunity to clean up this area and it would be important to comply with the stipulations as listed. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 16 Councilmember Barnette asked if the underground gas tanks were removed from that site. Mr. Marofsky said they were removed and the owner would comply with any pollution stipulations. Councilmember Bolkcom said this business has been there a long time and this is a great opportunity with the rezoning to clean up this area. She is in favor of this item along with all the stipulations that are listed. Mayor Lund asked if the garage could stay for the owner to use. Councilmember Bolkcom said that the building is non-conforming so it needs to be removed. Mayor Lund stated that the operation has been there a long time and he does not want to put anyone out of business. MOTION by Councilmember Varichak to approve waive the reading and approve the ordinance on first reading with the following seventeen stipulations: 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 '/z 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. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 17 11. Petitioner shall obtain any required NPDES Permit and provide N URP 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 '/z 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. Seconded by Councilmember Bolkcom. Councilmember Bolkcom asked what the time frame would be for the owner to complete the stipulations. Ms. Jones stated that a time frame would be included in the second reading. Deadlines will be put in place for certain parts of the stipulations. Councilmember Bolkcom asked that the timetable be sent to the owner so he is well aware of the time table expectations. Ms. Jones said the property owner would get a copy of the time table. Fritz Knaak, City Attorney, said the time table would be attached to the special use permit and not the rezoning request. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Preliminary Plat Request, PS #07-04, by Bruce Westman, to Reconfigure Two Lots, Generally Located at 100-110 Mississippi Place (Ward 3) Scott Hickok, Community Development Director, stated that the petitioner is requesting to reconfigure Lots 2 and 3, Block 2, to create Lots 1 and 2, Block 1, Sarah Addition. The replat will change the property lines from east-west on these two parcels to north-south. The subject FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 18 properties are R-3 multi family residential. These properties were developed in 2002 and the two parcels were part of that single family property at 111-64 1/2 Way. There were always two separate parcels but they were encompassed by one single family home. In 2002, the property owner decided to sell pieces of his back yard and create 100 Mississippi Place. As a result, a twin home was constructed on the property which takes access off from Mississippi Place. Also in 2002, the property owner was told to combine 100 Mississippi Place and 110 Mississippi Place of the Johnson's River Lane addition. The lot that went east and west was to have one parcel with the twin home on the property. Apparently, the lot combination was never filed and now the petitioner is seeking the current replat request to separate the lots with the north south property line which would allow the property owner to sell the lots individually. Staff is not asking to change the current R-3 multi family residential zone. The R-3 section of the code does allow this type of two family dwelling. Two family dwellings in this district are also subject to the R-2 district regulations. Fridley City Code does require that on R-2 lots, the minimum lot width be 75' and have a minimum lot area of 10,000 square feet. The proposed lots will be 94.54 feet in width with a square foot dimension of 16,574 square feet. The two family minimum lot request is met by this proposed plat. Mr. Hickok said that this request would allow each of the units to be on its own lot and sold separately. The existing twin home is set for lot coverage requirements; however the fence along the western and eastern property line is non-conforming and is over the required 4' of height in the front yard of the property. Staff has stipulated in the recommendation that the front yard fence be reduced to 4' in the front yard and that a landscaping plan be submitted to staff prior to final plat approval. On May 2, the Planning Commission approved this plat with three stipulations. A fourth stipulation was added by Anoka County after the Planning Commission meeting. Staff recommends approval of plat with the following stipulations: 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east side of the property prior to final plat approval. 2. Petitioner shall submit landscape plan to be reviewed and approved by City staff prior to final plat approval. 3. The line separating the two lots shall align with the party wall of the twin home. 4. Final plat shall show right of access along CSAH 1(East River Road) to be dedicated to Anoka County along the entire length of the eastern edge of the property. 5. Petitioner shall submit a covenant for filing with Anoka County Recorder's Office for this property. The covenant shall define future maintenance expectations between the property owners. 6. Petitioner shall pay park dedication fees at a rate of $1,500 per lot which is standard for a sub-division of this type. The petitioner is aware of the additional stipulations. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 19 Councilmember Bolkcom asked if the petitioner is in agreement with the additional stipulations. Mr. Hickok answered that the additional stipulations were left on a voice mail message so he was not sure. Councilmember Bolkcom asked how staff would make sure this was filed properly. Mr. Hickok answered that there is a distinct difference in the two requests. The petitioner is asking for a plat which is required before the units can be sold independently. With the stipulations, a lot of the protections are built in to make sure the correct paperwork will be filed. Bruce Westman, petitioner, said at the Planning Commission meeting, it was discussed keeping the fence at the 6' height. The fence will reduce the noise and add privacy. By reducing part of the fence and not the rest, it would look funny. Mr. Hickok stated that Mr. Westman would need to request a variance to keep the fence at the 6' height. Councilmember Varichak asked if the driveway would be okay shared or if the driveway should be split. Mr. Westman answered that he owns and has sold other twin homes and a shared driveway has never been an issue. Councilmember Saefke asked if the sewer and water would be split. Mr. Westman answered yes. MOTION by Councilmember Bolkcom to approve Preliminary Plat Request, PS #07-04, by Bruce Westman, with the following six stipulations: 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east side of the property prior to final plat approval. 2. Petitioner shall submit landscape plan to be reviewed and approved by City staff prior to final plat approval. 3. The line separating the two lots shall align with the party wall of the twin home. 4. Final plat shall show right of access along CSAH 1(East River Road) to be dedicated to Anoka County along the entire length of the eastern edge of the property. 5. Petitioner shall submit a covenant for filing with Anoka County Recorder's Office for this property. The covenant shall define future maintenance expectations between the property owners. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 20 6. Petitioner shall pay park dedication fees at a rate of $1,500 per lot which is standard for a sub-division of this type. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND MOTION CARRIED UNANIMOUSLY. 10A. Consideration of Livestock License as it relates to Pigeons at 1632 Rice Creek Way. Amy Zheng, 1632 Rice Creek Way, stated that her husband would like to have 30 to 50 pigeons on his property. There have been no complaints or problems from neighbors, but the license says they can only have 10 pigeons. Scott Hickok, Community Development Director, stated that on April 23, a license was requested for racing pigeons. Since City of Fridley does not have a license that is specifically for pigeons, staff reviewed the livestock ordinance. Under the livestock section of the City Code, there is no limit on the number of pigeons residents can have. Very few cities have an ordinance permitting this. Eagan, White Bear Lake and Champlin allow up to 100 pigeons on residential properties. The loft would allow 1 to 2 square feet per pigeon depending on the ordinance. In this case, the Zheng loft is 180 square feet which would allow 90 to 180 pigeons. Although some cities allow this, more cities do not allow this. The Animal Humane Society recommends putting a limit of three animals for all domestic pets (rabbits, dogs, cats etc.). Mr. Hickok stated that Ms. Zheng came in prior to the research of the Animal Humane Society and the City gave them a license for up to 10 birds. This is a reasonable and realistic authorization from now until they decide not to do pigeons anymore. Mayor Lund asked if this is an action item tonight and if it falls into the 60-day rule. Mr. Hickok said this is an action item and June 10 is the end of the 60-day time frame. This should be acted on as a land use request and dated today. The license is not before Council but the livestock license is what would allow them up to 10 birds at this location. Ms. Zheng said reminded Council that the pigeons do not make noise like a dog. They are very nice birds and no one has complained. Mayor Lund said that the noise may not be a problem but 100 birds' droppings may be a problem. The birds could perch on neighbors' patios or fences. Ms. Zheng said that they were only asking for 30 to 50 birds. These birds do fly back to their home. Councilmember Bolkcom asked to move into the record a memorandum dated May 17, 2007, from Scott Hickok Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2007 PAGE 21 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Barnette asked if the pigeons breed and what happens if there are 16 pigeons. Ms. Zheng answered that baby pigeons need to be cared for about 2 to 3 months and then they would sell them or give them away. Mr. Hickok added that the cost of these birds is between $6,500 and $7,000 for one bird. If they have breeding birds or more than 10 birds they would still need to limit the number to 10. Even if they sell or give the birds away, many times these birds come back to where they were born and breed. MOTION by Councilmember Varichak to approve the livestock license for 10 birds at 1632 Rice Creek Road. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED 11. Informal Status Reports Councilmember Saefke said he attended the first annual Police Department Open House on Saturday and it was very successful. There were exhibits and an enjoyable time was had by all. Councilmember Varichak congratulated the seniors at Fridley, Spring Lake Park and Columbia Heights High Schools and wished them success in the future. William Burns, City Manager, said that the City newsletter will be going out to citizens during the first week in June. 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 10:35 P.M. Respectfully Submitted by, Krista J. Monsrud Scott J. Lund Recording Secretary Mayor � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF June 11, 2007 William W. Burns, City Manager Layne R. Otteson, Assistant Public Works Director June 11, 2007 2007 Street Improvement Proj ect - Change Order # 1 PW07-027 Attached is Change Order No. 1 for the 2007 Neighborhood Street Improvement Proj ect No. ST. 2007-1. This change order revises the work that is taking place at the Community Park ball fields. After meeting with the contractor on-site, an alternative was discussed. The ball fields will be graded as planned, and we will raise the area behind the backstops up to match the ball field. This change will improve the view of the game and reduce the cost of the ball field work (net savings of about $12,500). In order to do this work, the retaining wall and concrete steps will not be installed. The area behind the home plate will be raised to an elevation that is level with the ball field. All concrete sidewalk areas that abut the field will be removed. Also, the bleachers will be raised to be level with the infield, rather than sit 2 feet lower. The concrete walk areas and the concrete pads for the bleachers will be installed at a later date under the City's Miscellaneous Concrete contract at a cost of approximately $10,000. The proposed work of this change order is $27,238.00. The deleted work (retaining wall and steps) is $50,000. The difference is a reduction in the contract of $22,762.00. Recommend the City Council approve Change Order #1 to Forest Lake Contracting, Inc. in the amount of $-22,762.00. The revised contract amount is now decreased to $2,406,300.50 LRO; j b Attachments Page 1 of 2 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, M N 55025 SUBJECT: Change Order No. 1— 2007 Street Improvement Project No. ST2007-1 Gentlemen: June 11, 2007 You are hereby ordered, authorized, and instructed to modify your contract for the 2007 Street Improvement Project No. ST2007-1 by adding the following work: Item No. Item Description Cost 1 Remove 2,789 s.f. of concrete side walk $2,789 2 Remove 150 s.f. of asphalt walkway $375 3 Remove and replace 4 light poles. $4,000 4 Remove 2 concrete retaining walls. $2,000 5 Salvage 16 bench posts. $1,200 6 Salvage 2 aluminum bleachers to adjacent fields. $2,200 7 Raise 4 light bases to grade (2 feet). $10,000 Furnish and install 279 cubic yards of granular fill behind backstop and 8 common areas. $1,674 9 Furnish and install 100 cubic yards of select topsoil. $800 10 Reinstall bleachers on new concrete pads. $2,200 11 Credit for not installing poured concrete retaining wall and steps. $-50,000 Total �_22.762.00 Submitted and approved by Jon H. Haukaas, Public Works Director, on the 11th day of June, 2007. Layne Otteson, P.E. Assistant Director of Public Works Page 2 of 2 Approved and accepted this day of , 2007_by Forest Lake Contracting, Inc. Approved and accepted this day of , 2007 by CITY OF FRIDLEY Scott J. Lund, Mayor Wlliam W. Burns, City Manager � � CffY OF FRIDLEI' To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 11, 2007 William W. Burns, City Manager Jack Kirk, Director of Parks and Recreation June 7, 2007 CenterPoint Energy Easements for Natural Gas Pipeline CenterPoint Energy is planning to construct and operate a natural gas pipeline to service the Riverside Power Plant in Northeast Minneapolis. They are in the process of securing easements for this pipeline along the route approved by the Minnesota Public Utilities Commission. The pipeline through Fridley generally follows the Burlington Northern Railway corridor and will require easements in several of our City parks. The attached letter from ProSource Technologies provides some additional details on the easements being requested by CenterPoint Energy. Temporary easements for construction purposes and permanent easements for the new pipeline are part of this easement request. The City would be compensated in the amount of $26,729 for the easements in Springbrook Nature Center, Fridley Community Park and Plaza Park. There is a possibility that an additional easement may be required through Edgewater Gardens Park. Final planning on the route in the Edgewater Gardens Park area is not complete as of this time. City staff has met with representatives of ProSourceTechnologies and CenterPoint Energy and are comfortable with the items included in the easement document. It is my recommendation that the City Council approve the attached easement agreement with CenterPoint Energy. Attachments 9219 East River Road NW ! Minneapolis, Minnesota 55433 763-786-1445 Fax 763-786-1030 www.prosourcetech.com June 8, 2007 Mr. Jack Kirk City of Fridley Director of Parks and Recreation 6431 University Avenue NE Fridley, MN 55432 iss"�oS7Eoa!�c,�,� �� , RE: Acquisition of Easements for a natural gas pipeline across park land owned by the City of Fridley Dear Mr. Kirk: As part of the effort to meet the goals of the State of Minnesota mandated Metropolitan Emission Reduction Program, Xcel Energy is repowering the Riverside Power Plant. The existing coal boilers will be replaced with cleaner burning natural gas turbines. CenterPoint Energy Resources Corp. (CenterPoint) has the privilege to assist Xcel Energy with these efforts. CenterPoint has secured regulatory approval from the Minnesota Public Utilities Commission (PUC) to construct and operate a high pressure pipeline to supply sufficient quantities of natural gas to the Riverside Power Plant. As part of the effort to construct this pipeline, CenterPoint will need to secure easements from various landowners along the PUC approved route. As discussed in our earlier meetings with the City staff, CenterPoint's engineering personnel and the construction contractor, we have revised the needs for the project to address the requests of Stylmark, Inc. and Voigt Bus Company properties. The changes in the project have caused minor adjustments to the exact location of the pipeline. These changes have caused a slight shift in the alignment of the easements necessary for the project, but have significantly reduced the long term impact on the two properties. The temporary workspace area at Plaza Park is modified to avoid impacting the playground area the park during construction. The only exception is for a period of one to three days, when we request closure the park for safety needs when the pipe will be strung through the directionally drill bore hole. The construction contractor has also provided us with an assurance that they'll take every precaution to preserve the large oak trees situated in the park. Additionally, the berm located in the northwest corner of Community Park will be temporarily removed and then restored after construction to allow access to the park for construction equipment. CenterPoint has contracted with ProSource Technologies, Inc. (ProSource) to perform a Comparable Sales Analysis to determine the value of the land and appropriate compensation for the needed easements along the project corridor. Through the process of researching on unencumbered land, and in conjunction with a recently completed appraisal on Anoka County parkland, it has been determined that a valuation estimate for parkland of $2.00/SF for fee title is fair and equitable. It is further determined that it is appropriate to value an easement across a parcel of Environmental � Right of Way � Engineering Acquisition of Easements for a Natural Gas Pipeline Across Park Land property as a fractional percentage of the fee title value of the property. Therefore, the following determinations have been made. For a permanent easement for natural gas purposes across property currently unencumbered by other easements, the value of the easement is 50% of the fee title value. For a permanent easement across property already encumbered by an existing utility easement, the value of the easement is 25% of the fee title value. For temporary easements, the value of the easement is assumed to be similar to the rate of return a typical investor in real estate may expect. For the purposes of valuation of easements, it is assumed that this rate of return is eight percent per year. Whereas construction on this project will continue during 2007 and 2008, it is assumed that construction on any one parcel will occur only during one construction season; Therefore, the compensation for the temporary easement areas is for one year for all temporary easements. In consideration for the signing of the enclosed easement agreement, CenterPoint proposes the following compensation for the easements which are more fully described in Exhibit A of the enclosed easement agreement. CenterPoint agrees to pay you as owner of the property described in the easement agreement the sum of $26,729 as consideration for granting CenterPoint permanent easements and temporary easements for the installation and maintenance of a natural gas pipeline. The calculation of the easement values are as shown in the table below: Easement Value S uare Foota e er s. ft. Com ensation Springbrook Nature Center Temporary Easement Area s uare feet 26,886 $0.080 $2,151 Fridley Community Park Permanent Easement Area--Encumbered Land s uare feet 1298 $1.000 $129$ Temporary Easement Area s uare feet 9,723 $0.080 $778 Plaza Park Permanent Easement Area--Unencumbered Land s uare feet 22,034 $1.000 $22,034 Permanent Easement Area--Encumbered Land s uare feet 1,871 $0.500 $936 Temporary Easement Area s uare feet 9,329 $0.080 $747 Total $27,944 ProSource Technologies, Inc. November 3, 2006 Acquisition of Easements for a Natural Gas Pipeline Across Park Land Should you have any questions regarding payment of the consideration for the easements, please contact the undersigned at (763) 786-1445. Sincerely, /�' � Scott T. Stenger Director of Real Estate ProSource Technologies, Inc., on behalf of CenterPoint Energy Resources Corp. ProSource Technologies, Inc. November 3, 2006 EASEMENT THIS AGREEMENT made this day of , 2007, by and between City of Fridley, a Minnesota municipal corporation, of the County of Anoka, State of Minnesota (GRANTOR), and CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas, 800 LaSalle Avenue, 11th Floor, Minneapolis, Minnesota, 55402 a Delaware corporation (GRANTEE). 1. GRANTOR warrants it is the owner of that certain real property (Property) described below and has the right, without title restriction, to execute and deliver this instrument. 2. GRANTOR, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to GRANTOR from GRANTEE, receipt of which is hereby acknowledged, grants to GRANTEE, its successors and assigns forever, a perpetual easement, including the rights of lateral and subjacent support, at all times to survey, lay, construct, inspect, protect, operate, maintain, alter, repair, relocate, replace, substitute, change the size of, remove and abandon a pipeline or pipelines, surface markers, communication cables and appurtenances thereto ("Gas Facilities"), for purposes of gas transmission and distribution, and the 1 of 8 transportation of liquids, gases and solids in, under and upon the following described property ("Premises") in the County of Anoka, State of Minnesota: See "Exhibit A" attached hereto and incorporated herein by reference. 3. To the extent space may be physically available and does not unreasonably interfere with the use of the Property by GRANTOR, this grant of easement shall include the rights of ingress and egress on GRANTOR'S Property, together with the privileges and rights of temporarily placing tools, equipment, vehicles, supplies and excavated materials on the Property adjoining this easement for the purposes aforesaid. Except in the case of a need arising from emergency maintenance, the Grantee shall notify Grantor in writing of the need for and extent of any access required by Grantee at least five days prior to the access. 4. Regarding the uses and activities on the easement Premises, GRANTOR shall not interFere with GRANTEE'S operation of its Gas Facilities, impair GRANTEE'S easement rights or perform or undertake any activity which could damage or restrict the use of GRANTEE'S Gas Facilities. Additionally, on the Premises, GRANTOR shall not erect, construct, create any building, improvement, structure, utility, enclosure or obstruction on or below the surface of the ground, change the grade or elevation of the ground, impound water, plant trees or cause or permit these things to be done by others ("Encroachments"), provided, however, that GRANTOR shall have the right to use the surface of the Premises for gardens, shrubs, landscaping, curbing, and gutters, or any other improvement, except as previously excluded herein. GRANTEE may remove any encroachments of GRANTOR on the easement Premises and GRANTOR will be responsible for bearing the cost of any such removal. 5. GRANTEE shall at all times exercise due care and diligence, and to the extent practical, avoid injury or damage to structures and other personal property of the GRANTOR. GRANTEE shall pay GRANTOR for damage or loss, which 2 of 8 directly arises out of the use of this easement by GRANTEE. Grantee shall, with Grantor's approval, repair any damage to the surface of the easement as may be caused by Grantee's pipeline or Grantee's access for maintenance or other purposes. Grantee shall hold Grantor harmless from any and all claims as may arise from any damages allegedly resulting from a rupture or other incident related to Grantee's pipeline located in the easement except to the extent any such damages can be proven to be the direct result of any negligent act by Grantor or its employees. 3 of 8 6. This easement agreement supersedes and covers all agreements and stipulations between GRANTOR and GRANTEE. No representations or statements, verbal or written, exist modifying, adding or changing the terms of this easement agreement. 7. The rights conveyed to GRANTEE may be exercised from time to time as may be necessary and convenient to GRANTEE and the failure of GRANTEE to exercise any rights shall not limit or extinguish such rights. The Rights of the GRANTEE shall only be extinguished or modified by written instruments executed by GRANTEE and filed of record in the County and State aforesaid. The laws of the State of Minnesota shall govern this easement agreement. To have and to hold said easement and rights aforesaid unto GRANTEE, its successors and assigns forever. GRANTEE may assign or lease this agreement in whole or in part. This easement shall run with the land and shall extend to and be binding upon GRANTOR and GRANTOR'S heirs, legal representatives, successors and assigns. GRANTOR City of Fridley, a Minnesota municipal corporation : Its: 4 of 8 STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , ATTENTION COUNTY RECORDER Please mail this document subsequent to recording to: Steve Von Bargen Right of Way Administrator CenterPoint Energy P.O. Box 1165 Minneapolis, MN 55440-1165 Notary by Public THIS INSTRUMENT WAS DRAFTED BY: CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas 800 LaSalle Avenue, 11th Floor, Mpls., MN. 55402 5 of 8 "EXHIBIT A" Springbrook Nature Center A temporary easement over, under and across the East 10 feet of the West 60 feet and the East 40 feet of the West 100 feet of the North 100 feet of the following described property: The fractional Northwest Quarter of the Northeast Quarter (NW1/4 of NE1/4) of Section Three (3), Township Thirty (30), Range Twenty-four (24), except that part lying Southwesterly of a line parallel with and distant 50 feet Southeasterly measured at right angles, from the center line of main track of the Railway of the St. Paul, Minneapolis & Manitoba Railway Company (now Great Northern Railway Company) as originally located and construction and except that part of the fractional Northwest Quarter of the Northeast Quarter (NW1/4 of NE1/4) of Section Three (3), Township Thirty (30), Range Twenty-four (24) lying between finro lines parallel with and distant, respectively, 50 feet Easterly and 50 feet Westerly measured at right angles from the center line of main track of the Railway of the St. Paul, Minneapolis, and Manitoba Railway Company (now Great Northern Railway Company) as originally located and constructed, excepting and excluding therefrom those portions of said land conveyed by said St. Paul, Minneapolis & Manitoba Railway Company to Northern Pacific Railroad Company by instrument dated April 12, 1883, said instrument was filed for record in the office of the Secretary of State for the State of Minnesota on April 30, 1883 and duly recorded in Book "1 of St. P.M. & M. Ry." record page 245 and following, and except the East 70 feet thereof. Said center line of main track of the Railway of the St. Paul, Minneapolis & Manitoba Railway Company (now Great Northern Railway Company) as originally located and constructed is described as follows: Beginning at a point in the South line of said Section 3, distant 1010 feet West, measured along said South line from the Southeast corner of said Section 3, thence Northwesterly in a straight line through a point in the North line of said Section 3, distant 780 feet West, measured along said North line, from the South Quarter corner of Section 36, Township 31, North, Range 24 West, Fourth Principal Meridian for 6800 feet to the end of this description. _►� The fractional Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) of Section Three (3), Township Thirty (30), Range Twenty-four (24), except that party lying Southwesterly of a line parallel with and distant 50 feet Southwesterly, measured at right angles, from said centerline of main track as originally located and constructed, and except that part of the fractional Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) of Section Three (3), Township Thirty (30), 6 of 8 Range Twenty-four (24) lying befinreen two lines parallel with and distant, respectively, 50 feet Easterly and 50 feet Westerly, measured at right angles from the center line of main track of the Railway of the St. Paul, Minneapolis & Manitoba Railway Company (now Great Northern Railway Company) as originally located and constructed, excepting and excluding therefrom those portions of said lands conveyed by said St. Paul, Minneapolis & Manitoba Railway Company to Northern Pacific Railroad Company by instrument dated April 12, 1883, said instrument was filed for record in the office of the Secretary of State for the State of Minnesota on April 30, 1883 and duly recorded in Book "1 of St. P. M. & M. Ry." record page 245 and following. Said center line of main track of the Railway of the St. Paul, Minneapolis & Manitoba Railway Company (now Great Northern Railway Company) as originally located and constructed is described as follows: Beginning at a point in the South line of said Section 3, distant 1010 feet West, measured along said South line from the Southeast corner of said Section 3, thence Northwesterly in a straight line through a point in the North line of said Section 3, distant 760 feet West, measured along said North line, from the South Quarter corner of Section 36, Township 31 North, Range 24 West, Fourth Principal Meridian for 6800 feet to the end of this description. AND ALSO The Northerly 135 feet of that part of the Southwest Quarter of the Northeast Quarter (SW1/4 of NE1/4) of Section Three (3), Township Thirty (30), Range Twenty-four (24) which lies East of the Railroad right of way, Anoka County, Minnesota See also Exhibit B for Tract No. 84 7 of 8 � � n � � � ,„,,, � - � �� s � �,�, . �,�. Y �� {�� `� � � 5Y� � `y °"�' � ��'� �� '�� .�� . � ��. � �� .� �� x �. �., . �'� �'�^��,r.. .w`s �� , ' � � � � g� gr g . - .. � �,. � � + � � � t � �t � � �� ' a�n �� ,# . . ;* �3 s� � c e:. . � f �E �& �u �+y.'�� ,� � � � � ,�'� , � a . a� . x - � S ` a�' �r � . �` � �." , � � » -• � p ,� , a . ; ; �, , »€ . � . �� ,� � s �s �� #8 � � z�� ..�. , t� �� . � ��I �� , . a�, � r� `� �: � �� ` '� �; �� _. `��„ �.� .� � ��., �� -�� g,� '^� �.a�# �a� �'�,� '� �� e ,� '_�,. � �' ��" .. .y. . 3�.'�'`� � � °� � ��.g kk � � . ?f�� M �. g � a� . . 1" * � �' 4.�s� _ } #� ".�� $f* '� `i/ ¢ �a� § � � � +�' '�� .��..� : 'a' � #. � ; . 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" ..# � � � ,� � � , � � � — --- _ _ m ` I RIVERSIDE PIPELINE PROJECT Centerpoint Energy ProSource Project No.: 1001-00 EXHIBIT B �I CITY OF FRIDLEY I TRACT NO. 84 _ — - prosoHur,c,e "EXHIBIT A" Fridley Community Park A permanent easement lying west of a parallel line being 25.0 feet distant and easterly from the following described line: Beginning at a point on the north line of the property 51.06 feet east of the northwest corner of the property, thence S 2° 37' 16' E a distance of 24.32 feet, thence S 42° 22' 44" E a distance of 77.97 feet, and there terminating; And a temporary easement over, under and across the East 10 feet of the West 60 feet and the that part of the East 40 feet of the West 100 feet of the North 100 feet which lies easterly of the above described permanent easement, all on Tracts A and B, Registered Land Survey No. 74, files of the Registrar of Titles of Anoka County, Minnesota See also Exhibit B for Tract No. 111 Plaza Park A permanent easement over, under and across that part of Outlot 1, Rice Creek Plaza, North Addition, Anoka County, Minnesota, which lies twenty-five feet on both sides of the following described line: Commencing at a point on the north line of said Outlot 1, being 7.18 feet west of the northwest corner of the property, thence S 2° 54' 0" W, a distance of 227.7 feet; thence S 87° 9' 46" E, a distance of 70.3 feet, thence S 5° 31' 15" E, a distance of 427.7 feet to a point on the south line of said property being 34.7 feet from the southeast corner of the property. Together with an Easement for Temporary Workspace purposes and adjoining the above described permanent easement, and as shown on Exhibit B No. 113 Said easement area containing 0.21 acres, more or less, and said Temporary Workspace easement shall expire on the latter of December 31, 2008, or 30 days following the completion of restoration on the property. : . : i. �: � �� ' �..� .. .. . N o so ,00 I FC;FNI� PERMANENT EASEMENT TEMPORARY EASEMENT a � � � � z m � �.�8� � �� ! �" - TEMPORARYEASEMENT � �; AREA = 9,329 "` � � OR .21 ACRES � _ �� : � o � � I ��--� PROPOSED PIPELINE N LOCATION (TRENCHED) I V I I V � NEW PERMANENT EASEMENT � �AREA = 23,905 SQ. FT. OR .54 ACRES � L -- - �--BEGIN DRILL 87° 9' 46 E 70.3' ; ; I � � i �� x j € I'I i ;��,. � �? �----PROPOSED PIPELINE '� LOCATION I � I� � I� � � o , ,� � �W`- � �°�� i� Irn ' �� IJ 30' � � � � � � �� I PROPERTY �� BOUNDARY � � � � �� I ;:. ti:� � � � ��T BNSF RA.W. LINE . _ � ?" �€i � �e��`�.� �� ,. _ ,�'�? t �..^�� ...� ��- RIVERSIDE PIPELINE PRO]ECT CenterPoint Energy City of Fridley ProSource Project No.: 1001-00 EXHIBIT B CITY OF FRIDLEY TRACT NO. 113 proSoNusc,e � � CffY OF FRIDLEI' To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 11, 2007 William W. Burns, City Manager Jack Kirk, Director of Parks and Recreation June 8, 2007 Resolution Supporting SPRING Project The Springbrook Nature Center SPRING project has gained a lot of support in St. Paul over the past two years, but has not been awarded a State grant as of yet. During the 2006 Legislative session, the project was in the bonding bill until the very last day and narrowly missed being included in the final bill. During this past year's session, it was included in the bonding bill that was presented to Governor Pawlenty. Unfortunately, the Governor vetoed the bill. However, there is still strong bipartisan support for our project at the Legislature and they have encouraged us to apply for funds again in 2008. If we want to be considered for funding in the 2008 Bonding Bill, we need to resubmit a Capital Budget request to the State of Minnesota by June 25, 2007. The request must include a resolution of support from the City Council. The new Capital Budget request must be adjusted for inflation, so it is up slightly from the request submitted to the State in 2005. We would be asking the State for $2.815 million in matching funds, with the Springbrook Nature Center Foundation coordinating the raising of the local funds. The inflation adjusting figures used to calculate this increase were provided to us by the State of Minnesota. Other than the amount being requested of the State, the resolution is exactly the same as the one passed by the City Council in June of 2005. I recommend that the City Council pass and adopt this resolution of support for the Springbrook Nature Center SPRING project, so we can submit our revised request to the State of Minnesota for a Capital Budget Grant. RESOLUTION NO. 2007 - RESOLUTION SUPPORTING THE IMPROVEMENTS TO SPRINGBROOK NATURE CENTER ASSOCIATED WITH THE SPRING (SANCTUARY PROTECTION & RENEWAL INTO THE NEXT GENERATION) PROJECT AND SUPPORTING THE REQUEST TO THE STATE OF MINNESOTA FOR FINANCIAL ASSISTANCE WHEREAS, the Springbrook Nature Center is a 127-acre City of Fridley park that provides year- round opportunities to experience and learn about nature; and is an environmental education center that serves school groups, community organizations and families; and WHEREAS, the Springbrook Nature Center serves the people living in the north suburban area with enjoyable and educational programs, hands-on exhibits and nature center facilities; and WHEREAS, the Springbrook Nature Center SPRING Proj ect will enhance this park as a learning center for people from the metropolitan area, the State of Minnesota, and the City of Fridley, and WHEREAS, the Springbrook Nature Center SPRING Project includes facility improvements that will provide spaces for education, health and wellness, community gatherings, celebrations, and business meetings and WHEREAS, the Springbrook Nature Center SPRING Proj ect will create public spaces that minimize future operating and environmental costs through design and technology improvements, and WHEREAS, the Springbrook Nature Center SPRING Proj ect has been developed with the input of citizen groups, environmentalists, City officials and architects to preserve the Springbrook experience for future generations: and WHEREAS, the Springbrook Nature Center Foundation is a local non-profit organization dedicated to supporting the overall planning, development and management of the Springbrook Nature Center; and WHEREAS, the Springbrook Nature Center Foundation has committed to taking the lead in raising the $2.815 million matching funds for a State grant from private sources; and WHEREAS, the increased operating costs associated with the Springbrook Nature Center SPRING Project will be covered through a combination of additional program revenue and funds provided by the Springbrook Nature Center Foundation; and WHEREAS, the recent legislative shifts in government aides, levy limits and real estate tax changes make it impossible for the City council to pass on tax increases to Fridley property owners for the future development and future maintenance of this regional facility; RESOLUTION NO. 2007 - PAGE 2 NOW THEREFORE, BE IT RESOLVED that the City of Fridley City Council supports the improvements included in the Springbrook Nature Center SPRING Proj ect and recognizes the positive impact this proj ect will have upon the citizens of the northern Twin Cities metropolitan area. BE IT FURTHER RESOLVED, that the City Council of the City of Fridley supports the application to the State of Minnesota for financial assistance with Springbrook Nature Center SPRING Proj ect. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JUNE 2007. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK 2008 Capital Budget Request City of Fridley 1. Name of the local government that is submitting the request – City of Fridley. 2. Project title – Springbrook Nature Center SPRING (Sanctuary Protection & Renewal Into the Next Generation) Project 3. Project priority number – NA. This is the only project submitted by the City of Fridley. 4. Project location – Springbrook Nature Center, 100 85t" Avenue NE, Fridley, MN 55432. Mailing address: Springbrook Nature Center, City of Fridley, 6431 University Avenue, Fridley, MN 55432. 5. Is this a subsequent phase of a project that received state funding in previous years?-- No 6. Total project costs for all funding sources—all years—all capital costs (in thousands of dollars): Total Proiect Costs (all fundin� sourcesl For Prior Years For 2008 For 2010 For 2012 $0.00 $5,630 $0.00 $0.00 7. Amount of state funds State Funds requested in 2008 8. 9. 10. 11. d (in thousands of dollars): For Subse uent Pro'ect Phases: State Funds to be requested State Funds to be requested in 2010 in 2012 15 I $0.00 I $0.00 Non-state funds available or to be contributed to the project – Private Sources: $2,815,000. The matching funds for this project will be acquired as the result of a coordinated fund drive through foundations, individuals, businesses and corporations, and civic organizations. Project description and rationale: See Attachment 1. Identify who will own the facility. Identify who will operate the facility – Facility is owned and operated by the City of Fridley. Identify total project costs – Note: A preliminary plan has been created, but some changes have been identi�ed which may affect cost distribution. Total cost will be no greater than $5.63 million. 2008 2010 2012 Land Ac uisition $0.00 Pre-desi n $28,150 Design $422,250 Project Management $207,000 Construction $4,747,400 Furniture, Fixtures, E ui ment $225,200 Relocation $0.00 12. For new construction projects, identify the new square footage planned: N/A. This is not a new construction project. 13. For remodeling, renovation or expansion projects Identify the total square footage of current facilities and new square footage requested – This is a renovation and expansion project. Existing Building: 5,486 sq ft New Square footage: 12,840 sq ft Shelters and Pavilions: 3,000 sq ft, total including restrooms in the picnic pavilion. 14. Project Schedule – Capital Campaign Planning: August, 2007 Pre-Design Start: June, 2008 Design Start: October, 2009 15 16 17 18 19. 20. 2008 Capital Budget Request City of Fridley Construction Start: April, 2010 Certificate of Occupancy: February, 2011. For projects with a total construction cost of at least $1 S million, has a project predesign been submitted to the Commissioner of Administration? No, predesign is part of the funding request. Identify any new or additional state operating dollars that will be requested for this project — NA, no new or additional dollars will be requested for this project. Future operating expenses for Springbrook Nature Center at its current budget level are assured through passage of a permanent levy referendum by Fridley voters in November, 2004. Any increased operating expenses associated with the SPRING Project will be covered through a combination of additional revenue and funds provided by the Springbrook Nature Center Foundation. Discuss how the project meets or exceeds the sustainable building guidelines established under Minnesota Statutes, section 16B35? Approximately 25% of the completed building will be earth sheltered (underground or roof top garden). Other elements that will ensure that this project meets or exceeds the State of Minnesota Sustainable Building Guidelines (MSBG) are expected to include the use of roof top solar panels for generation of electricity and, geo-thermal heat pumps for heating and cooling. For management of water on the site, at least 80% of paved surfaces will use permeable paving materials. In addition rain water gardens will be used. Where possible, recycled materials will be used in the construction of this building. A minimum of 75% of plantings will be native plants to reduce the need for irrigation, and dark sky friendly lights will be used to minimize light pollution. We are committed to using all appropriate elements of green design in this project. Explain the extent to which the project will use sustainable building designs if applicable. This project is expected to use sustainable building designs extensively. The expanded facility is intended to be a demonstration of, and a place where, the public can be educated on opportunities for sustainable building design, renewable energy, and improved water management. Resolution of support from the governing body of the applicant — See Attachment 2. Project contact person -- Siah St. Clair, Springbrook Nature Center Director, Springbrook Nature Center, City of Fridley, 6431 University Avenue, Fridley, MN 55432, 763-572-3588, Fax: 763-571-1287, stclairs(�a,ci.fridlev.mn.us r "� --� _ • � � RESOLUTION NO. 2007 - A RESOLUTION TO CONVEY AND QUITCLAIM TO THE HOUSING AND REDEVELOPMENT AUTHORITY ANY AND ALL INTERESTS IN LOT 7, BLOCK 1 GATEWAY WEST 2"d ADDITION. WHEREAS, the City of Fridley has been an active partner with its Housing & Redevelopment Authority on the Gateway West redevelopment project since 1996; and WHEREAS, the City has a desire to see the successful completion of this visible housing redevelopment project; and WHEREAS, the City has held a number of public hearings and granted its consent and approval for the proj ect; and WHEREAS, the City's Mayor and Manager are/were authorized to sign any and all documents necessary for recarding purposes at Anoka County, including quitclaim deeds signed prior to this resolution; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that it conveys and quitclaims to the Housing and Redevelopment Authority in and for the City of Fridley any interests in Lot 7, Block l, Gateway West 2"d Addition 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 � AGENDA ITEM COUNCIL MEETING OF JUNE 11, 2007 CffY OF FRIDLEI' CLAIMS 131899 -132182 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 11, 2007 LICENSES Type of License MASSAGE CERT/F/CA TE Amy Kopp 2434 Pleasant Av #1 Minneapolis (Lifetime Fitness 1200 East Moore Lake Dr) Marlo Berg 902 102nd Circle NE Blaine, MN 55434 (Lifetime Fitness 1200 East Moore Lake Drive) � PEDDLER, SOL/C/TOR Stephanie Hollenbeck 7430 Tem po Terrace N E Fridley, MN 55432 (Edward Jones Financial Services) TEMPOR.4RY FOOD SALES Sanddollar Enterprises, LLC 9180 Xylite St Blaine, MN 55449 (Community Park Softball Concessions) STREET VEND/NG Bradlee M. Willetts 406 Douglas Dr Buffalo, MN 55313 Robert Erck Approved By: Public Safety Director m Public Safety Director Public Safety Director Recreation Director Fire Inspector Planning Assistant Public Safety Director Parks Director � AGENDA ITEM CITY COUNCIL MEETING OF JUNE 11, 2007 �°F LICENSES FRIDLEI' Contractor T e A licant A roved B All Elements Inc Commercial/S ecialt John Thurber Ron Julkowski, CBO Bonfes Plumbing, Heating & Air Service �AC Walter Bonfe Ron Julkowski, CBO Inc Card Construcrion Co Commercial/Specialty Joe Card Ron Julkowski, CBO Centraire Hearing & Air Condirioning Gas/HVAC LeRo Seurer Ron Julkowski, CBO Gilbert Mechanical Gas/HVAC John Gorman Ron Julkowski, CBO Harris Companies, Inc HVAC Kay Sellman Ron Julkowski, CBO Hoffman Refrigeration & Hearing Gas/HVAC Dennis Doerr Ron Julkowski, CBO JD Excavating, Inc Excavatin Diana Beardsle Ron Julkowski, CBO Kumar Mechanical inc HVAC Padd Jaha irdar Ron Julkowski, CBO Marsh Heating & Air Condirioning HVAC Kelly Marsh Ron Julkowski, CBO Mastercraft Exteriors Inc Commercial/Specialty Joel Peterson Ron Julkowski, CBO Midwest Roofing, Siding & Windows Inc Commercial/S ecialt Gre Gerulis Ron Julkowski, CBO Milton Johnson Co Commercial/Specialty Bruce Erickson Ron Julkowski, CBO Northern Extremes Remodeling Commercial/Specialty Chad Hannu Ron Julkowski, CBO Northland Mechanical Contractors, Inc Gas/HVAC Michael Tieva Ron Julkowski, CBO O C Mechanical Inc HVAC Steven Carl le Ron Julkowski, CBO Planergy Construcrion LLC Gas/HVAC Ki Knuteson Ron Julkowski, CBO Roof Tech Inc Roofing Martin McVicker Ron Julkowski, CBO R an Com anies US, Inc CommerciaUS ecialt Ma Wawro Ron Julkowski, CBO Superior Hearing, A/C & Electric Inc HVAC Jackie Johnson Ron Julkowski, CBO Sy-Serv Inc Masonry Amy Seiberlich Ron Julkowski, CBO Timco Construction, Inc Commercial/Specialty Timothy McKee Ron Julkowski, CBO Vogt Hearing, A/C & Plumbing LLC Gas/HVAC Robert Winder Ron Julkowski, CBO Zell Plumbing & Heating Gas/HVAC Leslie Zell Ron Julkowski, CBO � AGENDA ITEM CITY COUNCIL MEETING OF JUNE 11, 2007 � °F ESTI MATES FRIDLEI' Forest Lake Contracting 14777 La ke Drive Forest La ke, M N 55025 2007 Street Improvement Project No. ST. 2007 - 1 Estimate No. 2 ....................................................................... $ 197,146.00 � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF To: William W. Burns, City Manager June 11, 2007 From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Donovan Abbott, Director of Public Safety Date Re May 25, 2007 Second Reading of an Ordinance Amending Chapters 602, 603 and 606 of the Fridley City Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments Last year several requests to have patios at licensed on-sale liquor establishments came to the attention of staf£ Staff researched the issue and met with the Development Review Committee (DRC) to discuss a possible amendment to the city code relating to a request for a patio. Issues of zoning, police enforcement, and public access and safety were addressed. It was determined the city could create a Patio Endorsement describing the regulations, process and violations. This Patio Endorsement could be included in Chapters 602, 603 and 606 of the City Code. It was also determined, due to the current license fees, the city would not charge an additional license fee for this endorsement, but require that the applicant apply for and pay for the appropriate building permits and fees. After the DRC meeting, staff contacted other cities to see if they had any other requirements for patios, and incorporated some of the requirements from the City of St. Cloud. This ordinance was reviewed by the Finance, Community Development, Fire and Police Departments as well as the City's prosecuting and civil attorneys. In addition, this memo and proposed ordinance was mailed to all of the on-sale liquor license establishments for them to review and provide input. The City Council held the first reading of this ordinance on March 26, 2007. Tom Tomaro of Pickle Park was concerned closing the patio at 10:00 p.m. was too early, as his business was more late night and really began about 9:30 p.m. In addition, he would like to provide piped in music and/or portable televisions to his customers on the patio. There was further discussion and as a result, the City Council asked staff to contact similar cities to find out whether they regulate outdoor speakers at restaurants and what hours their liquor licensed establishments with patios were allowed to be open. Staff mailed a quick questionnaire to the following 13 metro area cities to try to answer these questions: White Bear Lake Spring Lake Park Coon Rapids Andover Blaine Mounds View New Brighton Columbia Heights Crystal New Hope Robbinsdale Maple Grove St. Anthony 7 cities responded to the survey. Of those cities responding, all but one allow the patio to be open the same hours as the licensed establishment. In addition: 0 The City of Blaine requires a conditional use permit (CUP) for a patio, some conversational level music is allowed by the CUP and they allow the patio to be open the same hours as the licensed establishment. 0 The City of New Hope requires a CUP for a patio and allows the patio to be open the same hours as the licensed establishment. 0 The City of Mounds View adopted an ordinance in 2006 requiring an Outdoor Consumption Endorsement which allows speakers on the patio and allows the patio to be open the same hours as the licensed establishment. The only problem they have had with noise was in response to live entertainment outside at Moe's (formerly Jakes Sports Bar). They are currently reviewing this issue. 0 The City of White Bear Lake requires the liquor license to request an extension of their licensed premises and each case is looked at separately and approved based on their own merits, including hours (i.e., on freeway vs a residential neighborhood). There are currently no regulations as to the use of speakers for music or television, they have only dealt with live entertainment, which again is reviewed on a case by case basis. Due to the legislative activity to regulate secondhand smoke outdoors, staff recommended the City Council table the 2"d reading until after the legislative session. The Legislature adopted SF. No. 238, the Freedom to Breathe Act, on May 11, 2007, which the Governor signed into law. This piece of legislation no longer addresses outdoor air. Staff inet to discuss the final legislation and to again review the patio endorsement to incorporate some of the March 26, 2007, City Council comments. The ordinance for the second reading shows those changes with strike outs for language that would be removed and the new language in bold. Staff recommends the City Council remove from the table an Ordinance Amending Chapters 602, 603 and 606 of the Fridley City Code Creating Patio Endorsements for On-Sale Liquor Establishments and hold the second reading of the ordinance. ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title An Ordinance Amending Chapters 602, 603 and 606 of the Fridley city Code Creating a Patio Endorsement for Licensed On-Sale Liquor Establishments. II. Summarv The City Council of the City of Fridley does hereby ordain as follows: That Chapters 602, 603 and 606 of the Fridley City Code pertaining to liquor licensing be amended to create a patio endorsement for licensed on-sale liquor establishments, stating the regulations, application process and clarifying violations. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of this ordinance. A copy of this ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. 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 First Reading. March 26, 2007 Second Reading: Published: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 602, 603 AND 606 OF THE FRIDLEY CITY CODE CREATING A PATIO ENDORSEMENT FOR LICENSED ON-SALE LIQUOR ESTABLISHMENTS The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapters 602, 603 and 606 related to liquor licensing be amended to create a patio endorsement and hereby ordains as follows: Section 1: That Chapter 602. 3.2% Malt Liquor is hereby amended as follows: 602.14. PATIO ENDORSEMENT Statement of Poli The sale of 3.2% malt liquor pursuant to anv of the licenses issued in accordance with Chapters 602, 603 and 606 of the City Code will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee a�lies for and receives a�roval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. 2. Re�ulations A. An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air as defined bv state law. B. The patio shall be attached to the licensed premise and share at least one common wall or side with the licensed premise buildin�/structure. The conti�uous area will not be part of a public street, sidewalk or other public �rounds. C. If part of the parkin� lot is used to install an outdoor patio, the patio must share one common wall with the licensed premise. In addition, the licensed premise must continue to meet the parkin� requirements set bv citv code and the patio shall not affect the circulation of traffic. D. Access to the batio shall be directiv from the licensed bremise with no direct access other than an emer�enc.�exit only) equi�ped with an alarm, from any area other than by passin� throu�h the normal interior public areas of the licensed premise. E. The patio shall be clearly delineated b�permanent installed fence, or other structure or barrier, at least 42" hi�h to prevent the in�ress or e�ress of persons to and from the patio. The fence shall be desi�ned and constructed in a manner that discoura�es or deters the passin� of anv re�ulated, controlled or prohibited items outside from one side of the fence to the other side of the fence. Ordinance No. Page 3 F. Panic and fire exit hardware shall be installed on the fence or barrier and com�ly with the Minnesota Buildin� Code. i; o,a — . G. Patios in direct contact with, or immediatelv adj acent to a parkin� area for motor vehicles, shall have sufficient barriers installed, as defined bv the Minnesota Buildin� Code, to �e�Le�* *'�° ��'°�*�' �r ��*°�*��' reduce the likelihood of incursion of vehicles into the patio space. H. The licensee shall pav the current Metropolitan Council e�e S.A.C. unit(s) for outside seatin� � r ° � Q °°�*° I. The patio shall be placed in an area to meet the state and federal accessibility requirements. J. There shall be no live entertainment. r*'�° �°�� „�' ��'��„ ° °„* Music, sound, or noise in the patio enclosure shall comply with the provisions and requirements of Chapter 124 of the Fridlev Citv Code at all times. K. The sale and consumption of 3.2% malt liquor within the patio is limited to the hours ° ^+ of 10:00 a.m. r�' °r�'�r� ^* to 10:00 p.m. Sunday throu�h Thursday and from 10:00 a.m. to 2:00 a.m. Fridav and Saturdav, unless the closest point of the patio is within 100 feet of a residential zonin� district. If the patio is within 100 feet of a residential zonin� district, the patio is limited to the hours of 10:00 a.m. to 10:00 p.m. at all times. In addition, the patio mav be open from 10:00 a.m. to 2:00 a.m. on the Sundav precedin� Memorial Dav and Labor Dav, the Wednesdav precedin� Thanks�ivin�, July 3rd and New Years Eve, with the same restrictions listed above. No licensee, nor the employee, nor a�ent of any license will serve, dispense, possess, display, or in any manner furnish 3.2% malt liquor at any other time. L. All other conduct pertainin� to the licensed premises required by this Code or Minnesota state statutes shall a�lv. 3. A�lication restaurant to which an on-sale 3.2% malt liauor license has been issued mav submit an application for a patio endorsement. The a�plication shall contain a description of the outdoor area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area to be licensed. The a�plication will also include a detailed description of the barriers that will be used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and fire arran�ements and li�htin�. The drawin�s must include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately to scale. This a�plication must be submitted to the City Clerk for review and comment by the Police Department, Fire Department, and Communitv Development Department before submission to Ordinance No. Page 4 the City Council. The City staff will review the suitability of the proposed licensed area in li�ht of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the licensee in maintainin� order and obe. i�� a�plicable laws in the licensed patio and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surroundin� land, adequacy of li�htin�, a�propriateness of noise level, suitabilitv of in�ress and e�ress arran�ements includin� control of persons enterin� and leavin� for purposes of preventin� consumption by minors and safety of seatin� arran�ements. If the patio endorsement is a�proved by the City Council, the licensee would be required to a�ply for and pav for the a�propriate buildin� permits and fees. 4. Violations A. It shall be a violation of this code, by the license holder and/or any employees or a�ents of the license holder, to permit, allow or fail to prevent persons from directly accessin� the patio bv means other than throu�h the buildin� on the premises. B. It shall be a violation of this code by the license holder and/or an.��ployees or a�ents of the license holder, or to allow anv other person, to provide, furnish or i� ve anv 3.2% malt liquor, tobacco products, weapons, or any other re�ulated controlled or prohibited items (for example, dru�s, dice, cards, etc.) from one side of the fence or barrier to the other. C. Any violation of the provisions of this Code or of the state law re�ulatin� the sale of 3.2% malt liquor which occur in the patio area will be considered as a violation of the principal on-sale license for the premises. tin� 602.15. Administrative Offenses tin� 602.16. Violations tin� 602.17. Revocation tin� 602.18. Penalties Section 2: That Chapter 603. Intoxicating Liquor is hereby amended as follows: 603.25. PATIO ENDORSEMENT 1. Statement of Policv The sale of intoxicatin� liquor pursuant to any of the licenses issued in accordance with Chapters 602, 603 or 606 of the Code will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee a�plies for and receives a�proval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. Ordinance No. 2. Re�ulations Page 5 A. An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air as defined bv state law. B. The patio shall be attached to the licensed premise and share at least one common wall or side with the licensed premise buildin�/structure. The conti�uous area will not be part of a public street, sidewalk or other public �rounds. C. If part of the parkin� lot is used to install an outdoor patio, the patio must share one common wall with the licensed premise. In addition, the licensed premise must continue to meet the parkin� requirements set bv citv code and the outdoor patio shall not affect the circulation of traffic. D. Access to the batio shall be directiv from the licensed bremise with no direct access other than an emer�enc.�exit only) equi�ped with an alarm, from any area other than by passin t� hrou�h the normal interior public areas of the licensed premise. E. The patio shall be clearlv delineated bv a permanent installed fence, or other structure or barrier, at least 42" hi�h to prevent the in�ress or e�ress of persons to and from the patio. The fence shall be desi�ned and constructed in a manner that discoura�es or deters the passin� of any re�ulated, controlled or prohibited items outside from one side of the fence to the other side of the fence. F. Panic and fire exit hardware shall be installed on the fence or barrier and com�ly with the Minnesota Buildin� Code. i; o,a - . G. Patios in direct contact with, or immediately adj acent to a parkin� area for motor vehicles, shall have sufficient barriers installed, as defined bv the Minnesota State Buildin Code to reduce the likelihood of incursion of vehicles into the patio space. H. The licensee shall pav the current Metropolitan Council e�e S.A.C. unit(s) for outside seatin� ��r ° ° , 4 �°�*� I. The batio shall be blaced in an area to meet the state and federal accessibilitv requirements. J. There shall be no live entertainment. r*'�° �°�� „�' ��'��„� ° °„* Music, sound, or noise in the patio enclosure shall comply with the provisions and requirements of Chapter 124 of the Fridlev Citv Code at all times. K. The sale and consumption of intoxicating liquor within the patio is limited to the hours of 10:00 a.m. and 10:00 .m. Sunda throu h Thursda and from 10:00 a.m. to 2:00 a.m. Fridav and Saturdav, unless the closest point of the Ordinance No. Page 6 patio is within 100 feet of a residential zonin� district. If the patio is within 100 feet of a residential zonin� district, the patio is limited to the hours of 10:00 a.m. to 10:00 p.m. at all times. In addition, the patio mav be open from 10:00 a.m. to 2:00 a.m. on the Sundav precedin� Memorial Dav and Labor Dav, the Wednesdav precedin� Thanks�ivin�, July 3rd and New Years Eve. No licensee, nor the emplovee, nor a�ent of anv license will serve, dispense, possess, displav, or in anv manner furnish intoxicatin� liquor at any other time. L. All other conduct pertainin� to the licensed premises required by this Code or Minnesota state statutes shall apply. 3. A�plication Any restaurant to which an on-sale intoxicatin� or wine license has been issued may submit an application for a patio endorsement. The a�plication shall contain a description of the outdoor area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area to be licensed. The a�lication will also include a detailed description of the barriers that will be used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and fire arran�ements and li�htin�. The drawin�s must include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately to scale. This a�plication must be submitted to the City Clerk for review and comment by the Police Department, Fire Department, and Community Development Department before submission to the City Council. The City staff will review the suitability of the proposed licensed area in li�ht of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the licensee in maintainin� order and obeving a�licable laws in the licensed patio and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surroundin� land, adequacy of li�htin�, a�propriateness of noise level, suitability of in�ress and e�ress arran�ements includin� control of persons enterin� and leavin� for purposes of preventin� consumption by minors and safety of seatin� arran�ements. If the patio endorsement is a�roved bv the Citv Council, the licensee would be required to a�lv for and pav for the a�propriate buildin� permits and fees. 4. Violations A. It shall be a violation of this code, by the license holder and/or any employees or a�ents of the license holder, to permit, allow or fail to prevent persons from directly accessin� the patio bv means other than throu�h the buildin� on the premises. B. It shall be a violation of this code by the license holder and/or an.��ployees or a�ents of the license holder, or to allow anv other person, to provide, furnish or iv� e anv liquor, tobacco products, weapons, or any other re�ulated controlled or prohibited items (for example, dru�s, dice, cards, etc.) from one side of the fence or barrier to the other. Ordinance No. Page 7 C. Any violation of the provisions of this Code or of the state law re�ulatin� the sale of liquor which occur in the patio area will be considered as a violation of the principal on- sale license for the premises. tin� 603.26. Administrative Offenses tin� 603.27. Violations tin� 603.28. Penalties Section 3. That Section 606. Intoxicating Liquors — On-Sale Clubs is hereby amended as follows: 606.12. PATIO ENDORSEMENT The sale of intoxicating liquor pursuant to anv of the licenses issued in accordance with Chapters 602, 603 or 606 of the Code will be limited to the sale and consumption inside of a structure on the licensed premises, unless the licensee a�plies for and receives a�proval from the City Council for a Patio Endorsement to allow the sale and consumption outside of a structure on the licensed premises. 2. Re�ulations A. An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air as defined bv state law. B. The patio shall be attached to the licensed premise and share at least one common wall or side with the licensed premise buildin�/structure. The conti�uous area will not be part of a public street, sidewalk or other public �rounds. C. If part of the parkin� lot is used to install an outdoor patio, the patio must share one common wall with the licensed premise. In addition, the licensed premise must continue to meet the parkin� requirements set bv citv code and the outdoor patio shall not affect the circulation of traffic. D. Access to the batio shall be directiv from the licensed bremises with no direct access other than an emer�enc.�exit only) equi�ped with an alarm, from any area other than b�passin� throu�h the normal interior public areas of the licensed premise. E. The patio shall be clearly delineated b�permanent installed fence, or other structure or barrier, at least 42" hi�h to prevent the in�ress or e�ress of persons to and from the patio. The fence shall be desi�ned and constructed in a manner that discoura�es or deters the passin� of anv re�ulated, controlled or prohibited items outside from one side of the fence to the other side of the fence. F. Panic and fire exit hardware shall be installed on the fence or barrier and comblv with the Minnesota Buildin� Code. �e r ��:�,. ° ��°�re i; o,a Ordinance No. Page 8 G. Patios in direct contact with, or immediately adj acent to a parkin� area for motor vehicles, shall have sufficient barriers installed, as defined bv the Minnesota State Buildin Code to reduce the likelihood of incursion of vehicles into the patio space. H. The licensee shall pav the current Metropolitan Council e�e S.A.C. unit(s) for outside seatin� ��r ° ° � 4 �°�*� I. The patio shall be placed in an area to meet the state and federal accessibili requirements. J. There shall be no live entertainment. ^r *�° � ^� ° r� r^��^�r� ° °r* Music, sound or noise in the patio enclosure shall complv with the provisions and requirements of Chapter 124 of the Fridlev Citv Code at all times. K. The sale and consumption of intoxicatin� liquor within the patio is limited to the hours of 10:00 a.m. and 10:00 .m. Sunda throu h Thursda and from 10:00 a.m. to 2:00 a.m. Fridav and Saturdav, unless the closest point of the patio is within 100 feet of a residential zonin� district. If the patio is within 100 feet of a residential zonin� district, the patio is limited to the hours of 10:00 a.m. to 10:00 p.m. at all times. In Addition, the patio mav be open from 10:00 a.m. to 2:00 a.m. on the Sundav precedin� Memorial Dav and Labor Dav, the Wednesdav precedin� Thanks�ivin�, July 3rd and New Years Eve with the same restrictions listed above. No licensee, nor the employee, nor a�ent of any license will serve, dispense, possess, display, or in any manner furnish intoxicatin� liquor at any other time. L. All other conduct pertainin� to the licensed premises required by this Code or Minnesota state statutes shall apply. 3. A�plication club to which an on-sale intoxicatin� or wine license has been issued mav submit an application for a patio endorsement. The a�lication shall contain a description of the outdoor area that is proposed to be licensed and will be accompanied by a drawin� of the proposed area to be licensed. The a�lication will also include a detailed description of the barriers that will be used, the method of seatin�, in�ress and e�ress arran�ements, securit�provisions, sanitary and fire arran�ements and li�htin�. The drawin�s must include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately to scale. This a�plication must be submitted to the City Clerk for review and comment by the Police Department, Fire Department, and Community Development Department before submission to the Citv Council. The Citv staff will review the suitabilitv of the proposed licensed area in light of the a�plicable fire, buildin� and life safety codes, zonin� codes, past performance of the licensee in maintainin� order and obeving a�licable laws in the licensed patio and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surroundin� land, adequacv of li�htin�, a�ropriateness of Ordinance No. Page 9 noise level, suitability of in�ress and e�ress arran�ements includin� control of persons enterin� and leavin� for purposes of preventin� consumption by minors and safety of seatin� arran�ements. If the patio endorsement is a�proved by the City Council, the licensee would be required to a�ply for and pav for the a�ropriate buildin� permits and fees. 4. Violations A. It shall be a violation of this code, by the license holder and/or any employees or a�ents of the license holder, to permit, allow or fail to prevent persons from directly accessin� the patio bv means other than throu�h the buildin� on the premises. B. It shall be a violation of this code by the license holder and/or an.��ployees or a�ents of the license holder, or to allow any other person, to provide, furnish or �ive any liquor, tobacco products, weapons, or any other re�ulated controlled or prohibited items (for example, dru�s, dice, cards, etc.) from one side of the fence or barrier to the other. C. Anv violation of the provisions of this Code or of the state law re u� latin� the sale of liauor which occur in the batio area will be considered as a violation of the brincibal on- sale license for the premises. tin� 602.13. Prohibited Sales � 602.14. Conduct Prohibited �9�-�4 602.15. Administrative Offenses � 602.16. Violations � 602.17. Revocation � 602.18. Penalties 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 First Reading March 26, 2007 Second Reading: Publication: � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF JUNE 11, 2007 June 4, 2007 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Second Reading of an Ordinance for ZOA #07-01, Sam's Auto Parts, Rezoning of 7340 Central Avenue Background On May 7, the Fridley City Council held a public hearing regarding a rezoning request from Barry Hoosline, owner of Sam's Auto Parts at 1240 73 '/2 Avenue. The first reading of the attached ordinance approving the rezoning request occurred on May 21. This rezoning request is a result of Mr. Hoosline's desire to obtain a special use permit to allow his automobile recycling business to continue at its current location. None of the four parcels on which this business is located have a special use permit for an auto recycling business. The corner lot at 7340 Central Avenue is zoned G1, Local Business. An auto recycling business is not an allowed use in this zoning district. Mr. Hoosline, therefore, is requesting the rezoning, so that he may proceed with his additional request for a special use permit to allow the business to continue on the four parcels it currently occupies. 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. 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. Options for Action This is a complicated situation with multiple land parcels and a 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 a timeline needs to be agreed upon to keep such an extensive project proceeding on schedule. Staff has drafted a suggested timeline in our recommendation. 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. This option also involves a great deal of work and needs to have a timeline attached to it. Staff has included a timeline at the end of the attached written report. Staff Recommendation Staff continues to maintain the recommendation for denial of this rezoning request, citing that such outdoor intensive industrial use on this corner will negatively impact the nearby residential neighborhood. While the possibility of redevelopment of this site is appealing, staff believes that expansion of the industrial use to the corner will only result in the need for the City to rezone and subsidize future redevelopment of the residential properties to the east. Should Council choose to approve this ordinance upon second reading, staff recommends approval contingent upon the 18 stipulations in the attached report. Stipulation #3 has been amended since the first reading to clarify which buildings were intended for removal. One new stipulation (# 18) has been added after staff discovered that there is no record on file of gasoline or fuel oil tanks from the old gas station site on the corner ever being removed. In addition, staff strongly recommends that a reasonable timeline be developed to complete the improvements enumerated in the stipulations. 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 15, 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 June 1, 2011, all of the stipulations are complete, including landscaping according to a landscape plan approved by staff. 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. 2 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 3 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. 0 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 and the garage structures, which do not meet setback requirements, on the 7340 Central Avenue parcel be removed and other accessory buildings and fencing on the 1240 73 '/2 Avenue parcel be removed according to the petitioner's June 26, 2006 preliminary grading plan. 5 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 or demolition. 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. 18. Petitioner to provide proof that any unused underground storage tanks have been properly removed or conduct a tank search and abatement if any tanks are found. 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. 0 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 11TH DAY OF JUNE 2007. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: April 18, 2007 First Reading. May 21, 2007 Second Reading: June 11, 2007 Published: 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. Petitioner to reduce screening fence height to 8' or obtain variance. � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF JUNE 11, 2007 June 4, 2007 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: SP #07-01, Special Use Permit for Sam's Auto Parts, generally located at 1240 — 73 '/2 Avenue Background On May 7, the Fridley City Council held a public hearing regarding a special use permit request from Barry Hoosline, owner of Sam's Auto Parts, generally located at 1240 73 '/2 Avenue. Mr. Hoosline's desires to obtain a special use permit to allow his automobile recycling business to continue at its current location. None of the four parcels on which this business is located have a special use permit for an auto recycling business. The corner lot at 7340 Central Avenue is zoned G1, Local Business and needs to be rezoned before the City Council can legally grant a special use permit to allow an auto recycling business to continue there as commercial zoning does not permit such a use — even by SUP. 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. 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 Staff continues to maintain the recommendation for denial, citing the proposed use is not the highest and best use of the property and the site plan does not meet code requirements for fence height or setbacks of buildings and paved areas. Staff contacted the petitioner following the May 21 City Council meeting and encouraged him to submit a revised site plan prior to the June 11 City Council meeting. At the time of the writing of this report, staff had not received a revised site plan. Should Council choose to recommend approval, however, staff strongly recommends that a reasonable timeline be developed to complete the improvements enumerated in the stipulations in the attached report. 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 shall redesign 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 shall obtain approval of grading and drainage plans by the RCWD. By May 1, 2009, the petitioner shall have all soil testing and any discovered contamination rectified and has removed all of the nonconforming buildings from the site. By October 15, 2009, the petitioner shall have the storm water ponding improvements installed By July 1, 2010, the petitioner shall have completed all curbing and paving according to the approved site plan. By June 1, 2011, all of the stipulations shall be completed, including landscaping according to a landscape plan approved by staff. 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. 2 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 3 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. 0 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 and the garage structures, which do not meet setback requirements, on the 7340 Central Avenue parcel be removed and other accessory buildings and fencing on the 1240 73 '/2 Avenue parcel be removed according to the petitioner's June 26, 2006 preliminary grading plan. 5 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 or demolition. 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. 18. Petitioner to provide proof that any unused underground storage tanks have been properly removed or conduct a tank search and abatement if any tanks are found. 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. 0 � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF June 11, 2007 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk May 24, 2007 First Reading of an Ordinance Proposing an Amendment to Section 7.02 of the Fridley Charter Pertaining to Utility Rates Due to the continuing losses in the utility funds; the concern as to whether or not the City is allowed to bond for needed capital improvement projects; and the question as to the legality of the charter's restriction on utility fees within the Enterprise Funds; the Charter Commission recommended an ordinance amending Chapter 7 of the Fridley Home Rule Charter. This amendment would redefine utility charges and allow the City to increase the rates for the utility services they provide by charging rates that would recover the actual costs of providing the services. Chapter 410.12, subd. 7, of the Minnesota Statutes allows an amendment by ordinance upon recommendation of the Charter Commission. It requires publication of the proposed amendment at least two weeks before the public hearing before the City Council, and the ordinance must be adopted within one month of the public hearing requiring a unanimous vote of the City Council. The legal notice was published in the May 3rd, lOth, and 17th 2007 edition of the Fridley Sun Focus and the public hearing was held on May 21, 2007. Staff recommends holding the first reading of an Ordinance Proposing an Amendment to Section 7.02 of the Fridley City Charter Pertaining to Utility Rates. ORDINANCE AN ORDINANCE OF THE CITY OF FRIDLEY AMENDING CHAPTER 7 OF THE FRIDLEY CITY CHARTER WHEREAS, The City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes Section 410 and its own City Charter, has the power to amend its Charter; and WHEREAS, one method of amending its Charter is by Ordinance through the unanimous consent of its City Council; and WHEREAS, the City, through its Council, with the review and consent of its Charter Commission, has determined that current language of the charter related to restrictions on fee increases for utility services is causing deep and significant harm to the finances of the City and that a change in the Charter language is necessary to mitigate even further harm from being caused by the Charter to the City's finances. IT IS, THEREFORE, HEREBY ORDAINED THAT: The Charter of the City of Fridley, specifically Section 7.02, subsection 3, is hereby amended to read as follows: Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. A. For the purposes of this subsection, "fees" includes sales and use taxes, ' , recycling fees, gas and electric franchise fees and any other fee that produces a tax burden or direct financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152) B. For the purposes of this subsection, the term "fees" does not include: Utility char�es, Parks and Recreation Department participation fees, charges for photo-copying sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term "fees" also does not include rental housing fees, building permit fees, liquor license fees, the e�tension or transfer of cable television service authority to additional service providers for which fees are already being charged, fees for the operation of junk yards, annual license fees for the operation of pawn shops and other regulated business, and any other charge for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citizens or other members of the public which, by law, must be limited to the actual cost of the service being provided. The term "fees" shall not include any special assessments made under Minnesota Statutes Section 429. (Ref Ord 1152) There being five council members present and voting in favor of this Ordinance, it has been duly adopted this day of , 2007. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � CffY OF FRIDLEIf TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JUNE 11, 2007 William W. Burns, City Manager Layne Otteson, Assistant Public Works Director June 11, 2007 PW07-028 ST 2007-2 Mill and Overlay Project Resolution Ordering Final Plans and Specifications The attached resolution orders the final plans and specifications for the 2007 Mill and Overlay Project to be prepared by City staff. The project encompasses primarily two streets in the City and totals approximately 0.7 miles. The proposed streets include 61 St Avenue (from University Avenue to 7t" Street) and 7t" Street (from Medtronic Parkway southerly to 53rd Avenue). Project is funded using residential assessments, commercial/industrial assessments and the use of MSAS funds. A Public Hearing on the assessments for this project was held at the May 21, 2006, City Council meeting. Recommend the City Council adopt the resolution to order final plans and specifications. LO: Attachment RESOLUTION NO. 2007 - RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: 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, and WHEREAS, Resolution No. 2007-25 received the preliminary plans, specifications, feasibility report, and called for a public hearing on the matter of the construction of certain improvements for this project, feasibility report for the improvements in this project, and WHEREAS, a public hearing was held on May 21, 2007 regarding this project, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the following improvements proposed by Council Resolution No. 2007-25are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including milling, hot-mix bituminous pavement, loop detectors, striping, and other facilities located as follows: 61StAvenue — University Avenue to 7t" Street 7tn Street — Medtronic Parkway to 53rd Avenue 2. That the following work be incorporated in the 2007 street improvement project as ST2007-2. 3. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Director of Public Works, Jon H. Haukaas, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11th DAY of June 2007. SCOTT J. LUND - MAYOR ATTESTED: DEBRA A. SKOGEN - CITY CLERK � AGENDA ITEM CITY COUNCIL MEETING OF �°F J U N E 11 2007 FRIDLEY 7 Date: June 4, 2007 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Consideration of an Extension for Preliminary Plat PS# OS-02 to Combine Five Parcels, Generally Located at 1314 and 1340 Mississippi Street and 6421, 6441, and 6461 Central Avenue, into One Parcel for the Spring Valley Estates Project M-07-19 Backqround John DeMello of Family Lifestyle Development Corporation received preliminary plat approval from the City Council on June 13, 2005, to redevelop five parcels in the southeast corner of Mississippi StreeUCentral Avenue into a senior condominium/mixed use development. Since then three six-month extensions have been granted to file the final plat, the later one expires on June 4, 2007. John DeMello of Family Lifestyle Development Corporation has requested another six-month extension. As a result of the current market conditions, he continues to have difficulty obtaining investor backing for the Spring Valley Estates project. He is hopeful however that he will be able to obtain financing and the project will move forward. His email explaining his situation is attached. Recommendation Staff recommends granting another six-month e�tension to December 4, 2007, on Preliminary Plat PS# OS- 02 to combine five parcels, generally located at 1314 and 1340 Mississippi Street and 6421, 6441, and 6461 Central Avenue, into one parcel. Page 1 of 1 Stromberg, Stacy From: john demello [alexjohndemello@gmail.com] Sent: Thursday, May 31, 2007 11:15 PM To: Stromberg, Stacy Subject: RE: Final Plat Extension Dear Stacy, I would like to officially request a final plat extension from Fridley city officials regarding the Spring Va11ey Estates project. As you know the market conditions have been problematic in obtaining investor backing for Spring Valley Estates. I am currently working with an investor to adopt a concept that would allow seniors to exchange their homes for a condo in the project. A secondary investor group would buy and hold the homes to be marketed at a later date. The larger challenge at this time is obtaining a bank relationship that would facilitate the project now that the lending industry is very conservative with regard to senior housing projects. However, many economic conditions are slightly improving and may be in a condition that may foster the development in Fridley in the third quarter of the year. Thank you, ' 7ohn R. Demello Developer � Family Lifestyle Development Corporation -----Original Message----- From: Stromberg, Stacy [mailto:StrombergS@ci.fridley.mn.us] Sent: Wednesday, May 30, 2007 4:05 PM To: alexjohndemello@gmail.com Subject: Final Plat Extension Hi )ohn - Your extension to file your final plat will expire on )une 4, 2007. If you would like to extend your plat request, please submit a written request to me by June 4, 2007 and I will get it on the City Council agenda for June 11, 2007. Thank you! stact� strow�.berr�, �I,av�,v�.er c�t� o f �Y�d�e� �432 �tw�vers�t� ,4vewue N� �ri3OII,Cl� MN 55432 �PI�Ov�,C: �ro3-5'f2-35J°5 �ax: ��3-5�2-228�- strow�.bero�s@��. fr�ol�eu�.vu.w.us 59 6/4/2007 ■► AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 11, 2007 CffY OF FRIDLE1f INFORMAL STATUS REPORTS .�