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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF NOVE1VIgER 19, 2007
7:30 p.m. - City Couacil Chambers
�9ttendance Sheet
- � - �e
F
NCIL MEETING OF NOVEMBER 19. 2
-i�
CfiY OF
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatm nt�or
empioyment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disabili
age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will e
provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearin
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) 9
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Utility Rate Issue
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Councit Meeting of November 5, 2007
NEW BUSINESS:
1. First Reading of an Ordinance Amending the
Fridley City Code, Chapter 603, Intoxicating
Liquor, to Allow the Sale of Intoxicating Malt
Liquor with 3.2% Malt Liquor and Wine
Licenses- ................................... 1 - 2
2• Preliminary Plat Extension Request, PS #07-04,
by Bruce Westman, to Reconfigure Property
Generally Located at 100 and 110 Mississippi
Place N.E. (V1/ard 3) ........................ 3
3• Resolution Approving a Plat, P.S. #07-03, Park
Shop, by Richard Carlson, for the Purpose of
Consolidating Several Small Parcels and Vacated
Streets and Alleyways to Create One Lot,
Generally Located at 30 — 81 � Way N. E.
(VVard 3) a�Ob'1.....� �"j.......... 4 - 8
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4. Resolution Authorizing Mutual Aid ...: 9- � 7
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI•
5. Resolution Authorizing an fncrease in
Compensation and Changes in Certain Benefits
for the 2008 Calendar Year ............... 18 -19
6. Claims
7. Licenses
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ADOPTION OF AGENDA.
OPEN FORUM (VISITORS)•
not on Agenda —15 Minutes
PUBLIC HEARING:
a00 7- �v�
........................ 20
..................... 21 - 22
Consideration of Items
8. Consideration of Neighborhood Street
Improvement Project No. ST 2008-1 .... 23
NEW BUSINESS:
9. Resolution Ordering Final Plans, Specifications
and Estimates of Costs Thereof: 2008
Neighborhood Street Improvement Project
No. ST 2008-1 .................................. 24 - 27
, • � .�
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,
�zIDLEY CITY C
NEW BUSINESS (CONTINUED):
10. 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, ZOA #07-02, by Timothy Nelson, to
Rezone Property from M-4, Manufacturing Only, to
M-2, Heavy Industrial, Generally Located at
61� Avenue and Main Street N.E.)
(Ward 3) 28 - 34 /��
...................................
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11. Informal Status Reports ..................... 35
ADJOURN.
E
�
� CITY COUNCIL MEETING OF NOVEMBER 19, 2007
CffY OF
FRIaLEi'
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.
PRESENTATION:
Utility Rate Issue
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 5, 2007
NEW BUSINESS:
1. First Reading of an Ordinance Amending the
Fridley City Code, Chapter 603, Intoxicating
Liquor, to Allow the Sale of Intoxicating Malt
Liquor with 3.2% Malt Liquor and Wine Licenses .......................................... 1- 2
2. Preliminary Plat Extension Request, PS #07-04,
by Bruce Westman, to Reconfigure Property
Generally Located at 100 and 110 Mississippi
Place N.E. (Ward 3) ................................................................................... 3
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Approving a Plat, P.S. #07-03, Park
Shop, by Richard Carlson, for the Purpose of
Consolidating Several Small Parcels and Vacated
Streets and Alleyways to Create One Lot, Generally
Located at 30 — 81 St Way N. E. (Ward 3) ....................................................... 4- 8
4. Resolution Authorizing Mutual Aid ............................................................... 9- 17
5. Resolution Authorizing an Increase in
Compensation and Changes in Certain Benefits
for the 2008 Calendar Year ........................................................................... 18 - 19
6. Claims ................................................................................................... 20
7. Licenses ................................................................................................... 21 - 22
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 3
PUBLIC HEARING:
8. Consideration of Neighborhood Street
Improvement Project No. ST 2008-1 ................................................................ 23
NEW BUSINESS:
9. Resolution Ordering Final Plans, Specifications
and Estimates of Costs Thereof: 2008 Neighborhood
Street Improvement Project No. ST 2008-1 .................................................. 24 - 27
10. 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, ZOA #07-02, by Timothy Nelson, to
Rezone Property from M-4, Manufacturing Only, to
M-2, Heavy Industrial, Generally Located at
61St Avenue and Main Street N.E.) (Ward 3) ................................................. 28 - 34
11. Informal Status Reports ................................................................................. 35
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
NOVEMBER 5, 2007
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:28 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 22, 2007
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 11, General Provisions and
Fees, Pertaining to Pawn Shop Transaction Fees.
William Burns, City Manager, stated when Council raised the pawnshop transaction fee from
$1.50 to $3.00 in 2005, they provided for a December 31, 2007 expiration date. The legislation
before them tonight removes the sunset and allows the program to continue. Council approved
the first reading of this ordinance on October 22, 2007. Staff recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE
ON SECOND READING AND ORDERED PUBLICATION.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 2
NEW BUSINESS:
2. Receive the Minutes from the Planning Commission Meeting of October 17, 2007.
RECEIVED.
3. Special Use Permit Request, SP #07-08, by Identi-Graphics, to Allow a Changeable
Electronic Gas Pricing Sign in a C-2, General Business District, Generally Located
at 6501 Central Avenue N.E. (Ward 2).
William Burns, City Manager, stated the petitioner is proposing to replace the existing sign at
this location with a BP logo sign. A LED gas pricing section and a manual reader board are part
of this sign. The LED section of the sign is to be 10 square feet. The total square footage of the
sign is 79.2 square feet. The sign is within the detached sign area limit for uses in a C-2 District.
The Planning Commission held a public hearing on this petition at their October 17 meeting and
approved the special use permit after brief discussion. Staff recommends Council's approval
subj ect to the following four stipulations:
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E. D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
4. The petitioner shall ensure that the existing free-standing sign is 10 feet from any
property line or driveway.
APPROVED.
4. Special Use Permit Request, SP #07-10, by Mark Pope for Golden Living Center —
Lynwood, to Allow a Nursing Home to Continue to Exist, and to Allow and
Expansion of the Nursing Home in an R-3, Multi-Family Zoning District, Generally
Located at 5700 East River Road (Ward 3).
William Burns, City Manager, stated when the petitioner applied for a special use permit to
allow a 510 square foot addition to the existing facility at 5700 East River Road and to eliminate
a non-conforming front yard setback, staff discovered that the existing building also needed a
variance to reduce side yard setbacks. The proposed addition is to be used for physical therapy.
The Planning Commission reviewed the application for the SUP along with the variance requests
for the existing building at their October 17 meeting. After brief discussion they recommended
approval. Staff recommends Council's approval subject to the following six stipulations:
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 3
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The subject property shall be maintained free of any and all construction debris.
3. The addition shall be architecturally compatible with the existing building and finished
with complimentary siding and color scheme.
4. The City reserves the right to require additional parking should the demand of the facility
warrant it.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
6. The petitioner shall submit a grading and drainage plan to be approved by City
engineering staff prior to issuance of a building permit.
APPROVED.
5. Variance Request, VAR #07-04, by Mark Pope for Golden Living Center —
Lynwood, to Reduce the Front Yard Setback from 35 Feet to 13.1 Feet to Recognize
an Existing Non-Conforming Setback, which will Allow for the Construction of a
510 Square Foot Addition to the Existing Building, Generally Located at 5700 East
River Road (Ward 3).
William Burns, City Manager, stated in addition to the front yard variance, the petitioner asks
for the approval of side yard variances for the existing structure. The required side yard in an
R-3 District is 15 feet. The existing building is within 9.6 feet of the property line on the north
side of the building and 12.8 feet of the property line on the south side of the building. The
Appeals Commission recommended approval of both the front yard and side yard variances at
their October 10 meeting. Staff recommends Council's approval, subject to the following five
stipulations:
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The subject property shall be maintained free of any and all construction debris.
3. The addition shall be architecturally compatible with the existing building and finished
with complimentary siding and color scheme.
4. The City reserves the right to require additional parking should the demand of the facility
warrant it.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 4
6. Resolution Enabling Elected Officials of the City of Fridley to be Covered by the
Minnesota Workers' Compensation Law as Employees of the City of Fridley.
William Burns, City Manager, stated due to cost, City Council Members have not received
Workers' Compensation coverage. Since rates for the coverage have dropped markedly, staff is
recommending that Council add the coverage.
ADOPTED RESOLUTION NO. 2007-62.
7. Resolution in Support of An Application for a Minnesota Lawful Gambling Premise
Permit Renewal Application for the Lions Club of Fridley at Billiard Street Cafe,
Inc., d/b/a Two Stooges Bar and Grill, Located at 7178 University Avenue N.E., and
at Bam, Inc., d/b/a Shortstop Fridley, Located at 1298 East Moore Lake Drive.
William Burns, City Manager, stated this is a renewal that extends the existing permit from
March 1, 2008, to February 28, 2010. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2007-63.
8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit Application for DeLaSalle High School at Broadway Bar & Pizza, Located
at 8298 University Avenue N.E. (Ward 3).
William Burns, City Manager, stated this is a renewal that would become effective February 1,
2008 and end on January 31, 2010. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2007-64.
9. Claims (134057-134239).
APPROVED.
10. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
11. Estimates:
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
2007 Street Improvement Project No. ST. 2007-1
Estimate No. 7 .......................................$ 235,995.10
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 5
Northwest Asphalt
1451 Stagecoach Road
Shakopee, MN 55379
2007 Mill and Overlay project No. ST. 2007-2
FINAL ESTIMATE ............................ $ 16,103.10
Standard Sidewalk
10841 Mankato Street N.E.
Blaine, NIN 55434
2006 Miscellaneous Concrete Repairs ProjectNo. 370
Estimate No. 4 .......................................$ 6,955.90
APPROVED.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded
by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Barnette to approve the agenda. Seconded by Councilmember
Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
PUBLIC HEARINGS:
12. Consider Special Use Permit, SP #06-01, for Central Auto Parts, to Operate a
Salvage Yard, Generally Located at 1201 — 73 �/z Avenue N.E. (Ward 2) (Continued
June 25, 2007).
MOTION by Councilmember Varichak to open and continue the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:37 P.M.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 6
Scott Hickok, Community Development Director, stated the business owner has made great
progress. He has installed a storm water management feature that has been approved by the Rice
Creek Watershed District. One large pond and one small pond now sit inside the fenced area
where vehicles had been. There are also two infiltration basins in the front yard of the office.
About half the curb and gutter and paving have been completed. The area around the main pond
has been paved to prevent erosion. Class 5(and it appears to be almost Class 6) asphalt e�sts on
the remaining areas of the site. They had set out to finish the entire paving project, but the
contractor was unable to finish the remaining work due to rain which made it extremely difficult
for a site like this to be completed. Staff recommends the City Council continue the public
hearing until June 9, 2008, to allow the business owner to complete the site plan, landscape plan,
irrigation plan, and fence plan. The remaining curb and gutter, paving, and landscaping would
need be completed by June 1, 2008, to avoid a resolution for revocation. The five-year
timeframe was originally put in place to make this project happen in 2003. It would have ended
June 1, 2008.
Mayor Lund asked Mr. Haluptzok if he was okay with the timeframe with the extension and if
he felt he could have all those issues resolved.
Jerry Haluptzok, 1201 — 73 '/z Avenue N.E., replied he was hoping to have them resolved by
now but unfortunately there was a lot of rain. He feels confident that they will have it all done.
Mayor Lund asked whether his contractor will do any more this fall.
Mr. Haluptzok replied he only works so far into the season and that time is coming up.
Councilmember Bolkcom asked if the City still needed a site plan.
Mr. Hickok replied that is correct. They have had a plan approved for grading and drainage
purposes by Rice Creek Watershed District, but a site plan would also show some of the other
features the City has been asking for, including the fence being located on the private property.
A landscape plan would accompany the site plan.
Councilmember Bolkcom asked Mr. Haluptzok if he had any problem with making sure this is
all available as soon as possible?
Mr. Haluptzok replied, no problem.
MOTION by Councilmember Varichak to continue the public hearing to June 9, 2008.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS
CONTINUED AT 7:43 P.M.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 7
13. Consideration of a Rezoning Request, ZOA #07-02, by Timothy Nelson, to Rezone
Property from M-4, Manufacturing Only, to M-2, Heavy Industrial, Generally
Located at the Southwest Corner of 61st Avenue and Main Street N.E. (Ward 3)
(Continued October 8, 2007).
MOTION by Councilmember Bolkcom to remove the item from the table and open the public
hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:43 P.M.
Scott Hickok, Community Development Director, stated the petitioner has submitted a site plan
for the subject property which depicts two industrial buildings, a northern building that is 47,653
square feet and a southern building that is 102,907 square feet. The petitioner has not identified
to City staff if there is user for the buildings or what the buildings will be used for. However,
both buildings appear to be typed for warehouse. The subject property consists of three separate
parcels that are adjacent to one another and total 11.52 acres. Residential properties border the
subject property to the north and the east. The railroad borders to the west and industrial
property borders to the south. At their meeting of October 8, the City Council was presented
with new information from the petitioner and his legal counsel. Council extended the statutory
timeframe to allow staff to review this new information.
Mr. Hickok stated the new information includes 26 assertions on the part of the petitioner and
his legal counsel and staff has provided a response. A traffic study done by Wenck Associates,
Inc., a building valuation comparison of warehouse vs. manufacturing buildings was also
included in the information submitted on October 8. In the traffic analysis, conclusions show
that a.m. and p.m. peak levels are higher for manufacturing. The degradation of performance
levels at the intersection of University Avenue and 61st Avenue will happen regardless of reuse
on the petitioner's site. Another point from the study demonstrated that 172 additional
warehouse trip ends over and above the expected traffic for a manufacturing use should be
expected. A"trip" is destination to destination, and a"round trip" is two trips. The traffic
analysis did nothing to help the argument that this would be an appropriate rezoning. The
petitioner chose to compare old industrial manufacturing facilities that dated from 1941 to 1994
to compare those building values with newer industrial buildings built from 1994 to and present.
Even so, the higher value of manufacturing facilities was evident in their materials.
Manufacturing facilities typically have higher values.
Mr. Hickok stated the City zoning map is precisely as the legal counsel for the petitioner
indicated. Upon research of that allegation, map corrections have been ordered to correctly
reflect M-4 parcels in Fridley. A 1998 map correctly illustrated the parcels with an M-4
designation. Later iterations of that map were erroneously modified.
Mr. Hickok stated the Planning Commission held a public hearing on September 19 on this
matter. It recommended denial of this rezoning request, and the motion carried on a 4 to 1 vote.
City staff recommends concurrence with the Planning Commission. If the City Council elects to
approve the rezoning, staff would recommend 12 stipulations. If Council chooses to deny, there
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 8
is also a resolution from staff with some recommended language. Staff would recommend having
a resolution of denial with the findings of fact.
Councilmember Bolkcom asked if a warehouse would add an additional 172 trip ends.
Mr. Hickok replied, yes, on a daily basis. That may be a bit confusing because, as the analyst
has pointed out, in a.m. and p.m. you are going to get more traffic from more manufacturing use.
Councilmember Bolkcom said in a warehouse situation there would be more truck traffic and it
could be coming and going at all times of the day.
Mr. Hickok replied that would be fair to say. It would accurately represent our experience with
the industrial warehouse facilities presently in Fridley.
Councilmember Bolkcom stated even before Northstar, they knew there were some issues
related to this intersection at University and 61st Avenue, correct?
Mr. Hickok stated it is inevitable that they would be at an Operational Level F by 2010 at 61st
and University regardless of what the end use of the site will be.
Councilmember Bolkcom stated there was some comment by petitioner's legal counsel that
there are no other M-4's in Anoka County and maybe even in the state. She asked if there were
any others in Fridley.
Mr. Hickok stated there were 7 properties as petitioner mentioned and one of those properties
was rezoned.
Mr. Hickok stated Friendly Chevrolet was the second that was rezoned and actually not entirely
rezoned. It had owned a piece that took them out to Old Central. That was zoned manufacturing
only. Brenk Brothers owned a manufacturing industry to the south of the vacant parcel.
Between Brenk Brothers and Friendly Chevrolet they decided that Brenk Brothers would much
rather have the site north of them so they could double the size of their manufacturing facility.
Friendly Chevrolet on the other hand would much rather have a regular-shaped site, and they had
had just about equal land, so they swapped.
Mr. Hickok said that one other site mentioned was the McGlynn's site. They had requested
during the rezoning process to be taken out of the rezoning in the 1977 moratorium on
manufacturing development. They asked if they could be exempt from the M-4 because they
were going to expand their manufacturing use adjacent to them. It might include a mix of
manufacturing and warehouse, and they simply did not want to have the inability to not have
warehousing for the manufacturing that already exists. Council ultimately decided not to include
them in the M-4. The map from 1998 did reflect all of those sites.
Councilmember Bolkcom asked the City Attorney since the zoning map was incorrect, should
that enter into Council's decision.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 9
Fritz Knaak, City Attorney, stated it is an understandable error, but it is the underlying zoning
that is controlling and is in the language. He believes that has not changed since 1999 or 1998.
James Benshoof, Benshoof & Associates, Inc., stated he was responsible for the traffic work
that was presented to the City Council at last meeting. He has some additional points he would
like to share based on follow-up work they did and upon review staff's report. There were two
principal comments he discerned from the staff report, one had to do with reference in their
October 8 handout to use of some data collected at the American Excelsior Company in Fridley.
Staff has not seen the data. He would like to follow up on that. In response to whether a
proposed warehouse use creates greater traffic impact than would the M-4 zoning presently
applied to the property, he turned to some supplemental survey work that they have performed.
Mr. Benshoof said with respect to the American Excelsior information, this is based on work
they performed just over ten years ago. American Excelsior was a manufacturing facility at the
time the survey was conducted. He said they have done some supplemental work recently in
order to more effectively address the difference in trip generation for warehouse use relative to
manufacturing. They have conducted counts in the morning and afternoon peak periods for other
industrial properties along Main Street, including the Murphy Warehouse Company, A& B
Northpoint Industrial and Sheet Metal Connectors and Parsons Electric which they combined.
Mr. Benshoof stated there are three possible approaches that can be taken for heavy commercial
truck trip generation. One is using the Institute of Transportation Engineers' (ITE) data. The
second is the approach averaging the ITE data with the American Excelsior data. The third
approach is based on this most recent data they collected which would involve applying the
results from the counts at Murphy, A& B Northpoint, and Sheet Metal/Parsons to this
investigation. Specifically for the warehouse use, it can average a generation by Murphy and A
& B Northpoint yielding 5 truck trips in the morning peak For manufacturing under this
approach, taking the results from Sheet Metal/Parsons and applying them to the size of
manufacturing results in 3 and 5 trips.
Mr. Benshoof said using similar steps to examine the total trip generation for smaller, personal
vehicles as well as the trucks, they did have three approaches that can be taken. First, using the
ITE data which indicated the total generation in the peak hours by manufacturing and that 172-
vehicle difference the Planner has referenced as being greater for warehouse, which is correct.
Second, using American Excelsior data with the ITE data on an average basis, the a.m. and p.m.
trips for manufacturing and in terms of total traffic, was quite low. Trip generation for
manufacturing total that is quite similar. Third, conducting counts at the industrial properties on
Main Street. The total generation of that data showed the warehouse had a little bit less than
manufacturing based.
Mr. Benshoof stated he concludes in his best professional judgment and based on the data and
numerous related experiences, the proposed warehouse use would have a slightly less impact on
the surrounding neighborhood than the M-4 developed into the same size. There would be
slightly fewer truck trips by warehouse during the peak hour and on a daily basis. Secondly,
regarding the total volume in the peak hours, particularly on 61st and University, and the
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 10
difference of 172, if they look at that on an hourly basis during the course of the day, it is
probably the difference of 1 vehicle every 3 to 4 minutes.
MOTION by Councilmember Bolkcom to move into the record a letter from Wenck Associates,
Inc., dated November 5, 2007. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom said with respect to the 172 more vehicles a day, they are still talking
about more vehicles down the street. Even though the peak times might be the same or a little
higher for trucks, they are still talking about more vehicles in this residential area.
Mr. Benshoof replied that is correct. It is his impression that of greater importance to the
neighbors would be truck volume and that would be lower with warehouse. Also, the volume
during the peak hours is likely to be lower with warehouse.
Councilmember Bolkcom asked what that information was based on.
Mr. Benshoof said whenever they are asked to do traffic studies, the general period of primary
interest to the community involved is what will be the affect during peak hours.
Councilmember Bolkcom asked if he could compare one warehouse to another warehouse.
Mr. Benshoof stated in 1997 his file indicates they were seeking a representative sample of land
of heavier industrial purpose. As to why they selected the properties on Main Street, they are
either nearby and they know them well. They thought it would be beneficial to determine what
those properties generated in relationship to this property.
Mayor Lund said they show lighter amounts and are during a.m. and p.m. peak hours. That
only gives them one hour. He does not know if the hours used are the peak hours. He is
concerned about the traffic and also the pollution, including noise.
Mr. Benshoof inentioned their survey for the properties along Main Street indicate that perhaps
with either warehouse or manufacturing, a trip generation likely will be lower than what is
presented using the ITE data. If you look at the relationships of the properties along Main Street,
traffic generates at a lower rate. One cannot predict precisely what this property will generate.
He feels that based on all this data, it is not correct to assume that warehousing would have a
greater impact than manufacturing. If anything, he believes the various sources of information
suggest the opposite.
Councilmember Bolkcom asked if staff had any response to the information.
Mr. Hickok replied the standard in traffic planning analysis is ITE, and one important thing to
know about ITE is that it takes sample sizes and considers the data invalid if the sample is too
small. He said staff does not disagree with Mr. Benshoof that a.m. and p.m. peak hours are
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 11
higher with manufacturing. Overall, his presentation did not disprove that an additional 172 trips
will happen based on warehousing. He said they are hearing 172 trips for warehouse and
something less in manufacturing, but in the a.m. and p.m. peak, the traffic is higher for
manufacturing. It is important they know that.
Bob DeMay, Attorney for Petitioner, said staff's recommendation to deny the zoning application
was based on an argument that there were four specific goals set at the time the M-4 zoning was
made, and those goals are still applicable today. Those goals do not have a rational relationship
to the M-4 zoning on this property. He said there is a history and a background which strongly
suggests there is animosity between at least staff, if not the City of Fridley, that led to retaliation
against this property owner for exercising his free speech and rights to petition.
Attorney DeMay said they are asking Council to be open-minded and take into account all the
facts and circumstances. He said there were eight properties proposed for M-4 zoning. There
was no dispute on that, and they have accurately described the eight properties. McGlynn's was
dropped and he believed it was because they preferred to remain M-2 zoning so they would not
be restricted in any expansion. That left Northco and Coachman, and it is their understanding
those two were also dropped. Staff says that is not the case. They have gone back and looked at
the zoning ordinance, marked D185, Ordinance 1099, adopted June 23, 1997. Their review of
that ordinance indicates there is no property description that coincides with either property. So
there were only five that were zoned M-4. It is their understanding that a decision was made at
the request of Northco to drop it from the M-4 zoning.
Councilmember Bolkcom asked what this had to do with the rezoning.
Attorney DeMay stated it is an effort to help clear the record. They believe the record still
shows that the property before them is being selected for individualized discriminatory
treatment. What they need to do is look at the other M-4 properties and how they have been
treated. There are essentially two types of properties selected for M-4. There were some
properties that were totally undeveloped and not really associated with another developed pieces
of property. Those are Northco, Coachman, Everett's Main Street property, and Anderson
Trucking. There were roughly four other properties that appear clearly to have been selected
because they were pieces of property that were next to and owned under the same common
ownership as the existing manufacturing facilities. Petitioner's presumption is that staff is saying
the natural development of those properties would be to expand their manufacturing facilities. In
fact that is likely what these pieces of property either were purchased for or maintained by their
manufacturers for. Over time, every single property, like the Main Street property, asked to
either be removed from M-4 zoning before it was adopted or be rezoned. Every single one
besides the existing property has been approved. The reason those properties that are natural
expansion for manufacturing facilities have not been rezoned or dropped out of zoning is that
they have not made a request.
Attorney DeMay said staff claims that the traffic is a maj or issue and that led to M-4 zoning, but
they have made no empirical study. That was his major point last time. As to traffic concerns in
general, because it is the intersection of 61st and University projected to develop a poor situation,
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 12
peak hours should be the most important. Staff says it is not. The empirical study shows that
peak hours will be worse with having a manufacturing facility rather than a warehouse study.
Attorney DeMay stated as to truck traffic, the stated goals have nothing to do with total traffic.
If they look at the stated goals for M-4 zoning, they will see the staff report where they initially
recommended denial of the rezoning. They will see no mention of total traffic, only truck traffic.
Truck traffic will be worse with manufacturing rather than the proposed warehouse. There is no
evidence that it will.
Attorney DeMay said based on what he pointed out to them before, this is the only project
property that is not already affiliated next to the only legitimate and expected use being an
expansion of a warehouse that has been saddled with manufacturing only zoning.
Attorney DeMay stated as to the design controls issue. Fridley's design controls apply whether
M-2 or M-4 zoning, and there is no denial. So that goal makes no sense.
Attorney DeMay stated the next goal encourages uses which provide a significant amount of job
opportunities which requires more complex building systems. Buildings with a mixture of uses
tend to have higher building valuation than warehouse construction. First, he said there is dearth
of manufacturing uses in the City. He pointed out that they had identified at least 137. There is
no denial that number is accurate. Under M-2 zoning, if a manufacturing user comes along there
is no reason this developer would not utilize it. It is not going to make it more likely that a
manufacturer is going to come along if you make it more restrictive zoning. In fact, the record
makes it clear the only way you can attract manufacturing uses to a site like this is to have the
cooperation of the City in providing incentives.
Attorney DeMay stated it said there is no rational connection between the perceived problem
and solution. Perceived problem as it says in the staff's report arose from City's rezoning of M-1
and M-2 properties to commercial. There is no response to that in the staff's report. He believes
this Council is well aware the City is not ceasing to rezone commercial property. That would be
the most logical solution. As to the assumption manufacturing uses would create more jobs and
higher building valuation that is an area where the information has been misused. First of all,
with respect to the Anderson site, that was a tech flex building and is not a warehouse use.
Strangely when it came before rezoning he asked them to look at Exhibit 1, which is the July 29,
1999, zoning application with respect to the rezoning application for that property. The purpose:
to allow construction of a 39,406 square foot industrial office warehouse. There was nothing
about any special tech flex, nothing about a special requirement on their rezoning permit, the
rezoning which said they have to build a specific type of warehouse or specific building or that
they need a tech flex building. The tech flex comes out as a convenient statement, but it has no
reality. There is no such thing as tech flex which is a special category either in the zoning or in
the tax category.
Attorney DeMay stated that this was done on July 29, 1999. Staff incorrectly states this
rezoning happened in 1997. The reason this rezoning came about was that this owner was
considering the building at the time the 1997 ordinance went into effect and they did not want to
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 13
disadvantage this owner who had this already in plan. The answer is it occurred in 1999, and it
is inconceivable that the owner sat on this plan for over three years.
Councilmember Bolkcom asked Attorney DeMay, how he knew that. She asked what he had to
gain by being adversarial. She said she was frustrated with him knocking staff and their report.
Attorney DeMay replied he understands.
Councilmember Bolkcom said he does not understand as he continues to do it. It is really
frustrating to hear him say the staff is making stuff up and everything coming out of his mouth is
gospel. This has gone on for ten years. She does not think he knows that they had in mind in
1977 and for him to say that is very frustrating.
Attorney DeMay replied he is saying that because the staff report tells about this request in
1997, shortly after rezoning went into effect, and it was with respect to a property where the
landowner had specific development in mind.
Councilmember Bolkcom stated but he did not really know that.
Attorney DeMay stated the only reasonable inference that can be drawn is staff is simply wrong
about what had happened.
Councilmember Bolkcom asked him if he could say it in a nicer way.
Mayor Lund stated they are trying to listen to the different sides.
Attorney DeMay stated last time there was no support for the assumption of manufacturing use
creating a higher building value of the warehouse. Staff says that is wrong and he believes that
is true. They have not done an analysis, but they were looking at older manufacturing uses and
new warehouse uses and that is unfair. They say Anderson Trucking should not be used as a
warehouse because that is classified as a warehouse office building. He just gathered those from
within the past decade. The only two manufacturing buildings they could locate within the last
decade are interspersed within the warehouses that have been built. He is not saying that
warehouse is going to be a higher value. On the other hand it is not going to be a lower value
either. There is just no evidence that where there is warehouse office or manufacturing that is
going to affect the valuation. He looked a little deeper into the City's documents and he finds it
is not only him that says that. It is the City's assessor. Looking at Exhibit 3, the second
paragraph, the second sentence. The assessor says the values in the area zoned for these usages
does not seem to be different for warehouse or manufacturing.
Attorney DeMay stated there is no evidence that M-4 zoning has itself aided or assisted in any
way in there being a manufacturing facility built. The only usage is where M-4 has affected one
way or the other is building a very new construction causing new tax base, new jobs. It is those
instances where M-4 zoning was either removed before it was even attached to a property or if it
was rezoned. In other words, M-4 zoning has only turned out to be a hindrance to creating jobs
and developing tax breaks.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 14
Attorney DeMay stated as to the other two goals, to promote clean uses which do not promote
fumes, the assumption that manufacturing is cleaner and quieter than office warehouse is
contrary to the evidence if you go down the street. He does not see anything in staff's report that
denies that.
Attorney DeMay stated regarding the last goal, to eliminate usage which requires significant
amounts of outdoor storage, outdoor storage needs a permit. That is really not something where
the M-2 or M-4 zoning makes a difference. As to issues that arose between the City with the tax
protest of his client, there was a dispute there. There was also a dispute regarding the billboards
on the Home Depot site.
Attorney DeMay stated there was a serious delay of an application. His client made an effort to
work with staff shortly before the moratorium started. He said there were questions about
whether this building was a warehouse or a truck terminal. They think the record will make it
clear that it was a warehouse. In any event, it could not have been used as a truck terminal.
Attorney DeMay stated after the moratorium and after the M-4 zoning, his client submitted
another building permit in May of 2001. He thinks the record will show that there was dispute
after dispute, and a delayed process. One of the most major points of contention is on Assertion
No. 16. They were served on May 17, 2001, unknown to Everest and Main Street at the time.
Staff was communicating with MnDOT regarding MnDOT's potential acquisition of the site to
support the Northstar rail station. However, City action was required before MnDOT could
proceed. Scott Hickok issued a letter to Main Street stating now there are seven reasons you
need to work on to complete your application. Staff denies this. They say there were no
discussions with MnDOT at that time. He referred Council to Exhibit 4, the third paragraph of
an e-mail from Mr. Hickok to Dr. Burns dated Thursday, May 17, 2001: "Yesterday MnDOT
(Mike Schoneway) indicated that he is aware of this proposal and has discussed it with the
NCDA folks and has indicated that without a station site endorsement site by the Fridley City
Council, their hands are tied and they cannot proceed with negotiations for the site. He also
indicated he felt the City (if it so chose to do so) could issue a moratorium on development of the
site until a determination is made." Dr. Burns wrote back another e-mail to Mr. Hickok, copying
Mr. Knaak, and saying "Thanks, Scott. I am assuming that you are keeping in touch with Fritz
on this."
Mayor Lund asked if this was after the moratorium.
Attorney DeMay stated it was after the moratorium. It appears to him the City desires to
maintain this property as undeveloped for some eventual use. This weekend he was informed
that at meetings of the HRA, a decision has been made that the City will now take over the
process of the land acquisition to support the Northstar Rail. They assume this means the subject
property is up for consideration which they fear is another background consideration, rather than
the legitimate consideration that should be weighing into this.
Attorney DeMay said they addressed all the issues, even the park dedication fee, and they were
all resolved in May 2001. He directed them to Exhibit 5, a 2003 memorandum from Mr. Hickok
and the Public Works Director in which staff finally acknowledged the park dedication fees were
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 15
not applicable to this property and that special assessments did not belong to two of the three
lots. They waited until 2003. Then a representative of Anoka County approaches the owner of
Main Street properties and says, well, this land is under consideration for the Northstar Rail.
Attorney DeMay stated if they look at the evidence fairly, the stated reasons for this zoning do
not apply. There is not a rational connection. This property stands alone in its treatment under
the M-4 zoning. The M-4 zoning should basically be removed from this property. In summary,
he has looked at a few other instances of land use decisions. They would have expected that
these kinds of goals be discussed, and they were never discussed in any context that appears
other than M-4 zoning. The history as it relates to this property shows that M-4 zoning was
directed at this property.
Councilmember Bolkcom asked Attorney DeMay if his client also mentioned that he was going
to donate the property to a church and it would come off the tax rolls.
Mr. Nelson stated they were contacted by a church and looked at that possibility a number of
years ago. He believed it was in the 1997 timeframe.
Councilmember Bolkcom said so it did happen, and he said maybe I will just give it away to
the church and take it off the tax rolls.
Mr. Nelson replied, no, they would not have taken it off the tax rolls, that would be the
assessor's role.
Councilmember Barnette stated Attorney DeMay alluded to this whole situation with the
Northstar Commuter Rail. That should not be a surprise. He certainly had been contacted by the
Northstar Commuter Rail or the Anoka County Railroad Authority about the possibility.
Mr. Nelson replied, yes, and as Attorney DeMay mentioned in his presentation a month ago, he
detailed when they were contacted and when they were informed by MnDOT that they no longer
had any interest in the property.
Councilmember Barnette asked if he had been contacted since that time?
Mr. Nelson replied, no, they had not.
Councilmember Bolkcom asked when he was contacted last.
Attorney DeMay replied it is on the charts from the last time. Actually about a month or so
before the application for rezoning was made.
Mayor Lund said they had the same arguments ten years ago and they did not prevail.
Attorney DeMay stated back at that time he was not counsel but, indeed, the individual who was
counsel did make a presentation and made the same points at the various meetings, just as
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 16
McGlynn's and Northco did--that this should not be M-4. They were removed, and this property
was not, and they made a few additional points.
Mayor Lund stated it is his understanding the park dedication fee was not required because that
came into play after the platting of those parcels and there are three parcels there now. However,
there would be a park dedication fee required if they replatted it to one parcel.
Attorney DeMay replied that is what his understanding is.
Mayor Lund asked and that is why his client is against having it replatted to one property.
Attorney DeMay replied, that is correct, but it also comes up just in the context of saying what
happened with a building permit they applied for in 2001.
Mayor Lund stated that was not the first time Mr. Nelson contends that the City has purposely
tried to delay this matter. Attorney DeMay is saying there is an adversarial relationship. He got
the impression that this is not Mr. Nelson's first time around as far as a development or
purchasing commercial industrial properties. He cannot imagine that those things are always
very easy. It sounded like there were at least two other times Mr. Nelson was trying to get some
type of development there and he made applications and never followed through.
Mr. Nelson said that never in his almost 30 years of involvement in commercial real estate
development has it taken two years to get the right answer to whether a park dedication fee is
owing on a project or not, or to determine whether "deferred special assessments are legitimate
or not." It took two years to get that answer out of staff on this project. That gives him great
pause as to going forward to get that building permit not knowing what other things are going to
be around the corner.
Mayor Lund stated he questions whether it was the staff delaying this for two years or if there
were delays on Mr. Nelson's part.
Mr. Nelson stated staff has documentation as Mr. Hickok claims in the staff report that these
matters were resolved on the front end of the building permit application process. He would
invite him to request those documents of staff, and he would be happy to review them.
Mayor Lund stated he developed a piece of property, it took him three years to get an easement
with the next door property owner so he could run a sewer line on the property line which could
never be built on. Mr. Nelson got the issue resolved with the park dedication fee, but it took two
years, so he moved on to other things.
Mr. Nelson said by that time, they were aware of the Northstar Rail interest in the site and were
cautious about proceeding with the project.
Attorney DeMay stated the point is that one of the goals stated for maintaining M-4 zoning on
this property is manufacturing uses generate a higher tax break than higher taxed properties. The
reason he brought it up is to say there is no empirical evidence to support the relationship
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 17
between that alleged goal of higher tax base and the M-4 zoning, and there is no record of
evidence of a higher value associated with manufacturing than there is a warehouse. As he said,
it is not just their own study, but that is what the City's tax assessor says.
Mayor Lund stated he does like the idea of job opportunities. All they can do is strive for their
best shot at doing the right thing for the community. There are no compelling arguments that
make it very clear-cut to him. He wished they were being a little bit more specific as to what
was actually going in there. It would make his comfort level a lot better.
Councilmember Bolkcom said in 2001 and 2003, the plans they had before City staff, would
they have gone into this M-4 zoning?
Mr. Nelson replied, yes.
Councilmember Bolkcom asked why they made the change.
Mr. Nelson replied, because it provides more flexibility of users.
Councilmember Bolkcom said after 2003 there was talk about the Northstar Rail. He knows it
has resurfaced, so why wouldn't he think twice about doing it now considering that there might
be a potential eminent domain.
Mr. Nelson stated they would consider that potential going forward.
Councilmember Bolkcom asked why it is different now.
Mr. Nelson stated now they are another six years down the pike without getting any economic
returns from the property and maybe no end in sight. They have no idea if the Northstar Rail
thing is going to happen. Nothing has happened yet.
Councilmember Bolkcom asked if he is concerned that there might be the same issues he
thought were evident six years ago.
Mr. Nelson said he was concerned. Those would all be factored in and considered. They cannot
wait forever.
Mr. Hickok stated regarding the chart before them this evening by Attorney DeMay and the
seven parcels, three of those were owned by Mr. Nelson, one was owned by Friendly-Brenk, one
was owned by Anderson, one was owned by Ashton Properties, and one was owned by Kurt
Manufacturing. Coachman was a building that existed in the City of Fridley, and it was a multi-
tenant industrial building. It was not a warehouse building. It blew down in straight-line winds
pre-1997. It was a vacant site and had an unusual situation. It was being rebuilt through
insurance. There are mitigating factors that went into that.
Mr. Hickok stated in response to Attorney DeMay stating there is no empirical study of traffic,
he would make it sound as if staff said by their own admission, additional truck traffic is going to
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 18
result from that. Staff did not say that. Nor could they say that they had an empirical study that
proved one way or another. They heard their traffic expert speak tonight, and he could not speak
to that. We are talking about trip totals. Just so they are clear, he is not saying evidence one way
or another about truck traffic. He certainly was not saying there would be more truck traffic for
manufacturing.
Mr. Hickok said regarding this being the only site expected to be M-4, this is not true. There is
a site which still exists on Ashton that could be a manufacturing site, and they hope it becomes a
manufacturing site. Attorney DeMay indicated that the assessor called this a warehouse
building. He had a discussion with the City Assessor to be certain. It is a higher valuation than a
warehouse building and it is a tech flex building in her notes.
Mr. Hickok stated as for a building permit, the petitioner's application came in on May 10. His
permit was ready to be picked up at the front desk by May 21. There were thousands of dollars
of staff review time and plan review for the plan that never was picked up. There was no
discussion from Mr. Nelson. His attorney may have been talking to the City's attorney, but the
reality was there was no direct discussion. Mr. Nelson contends that he should not have to pay
assessments for his portion of the utilities that served his site. When his application came in for
this most recent rezoning, he has over $20,000 once he develops this site that he is going to have
to pay for the piece of the infrastructure that is already in place surrounding this site. Mr. Nelson
will contend that is not his pay and he should not be responsible for that.
Mr. Hickok stated, as for park dedication fees, it is not as though in 2001 and 2003, there was
no answer on that. The park dedication fee item was evaluated and they had a discussion on it.
Mr. Nelson certainly could have called him if he had other questions on it while his permit was
sitting waiting to be picked up. It was only when his attorney asked for further clarification on a
number of early issues that the memorandum came. A 2003 memo was not the only answer that
was offered. There was discussion and there could have been discussion after his permit was
available and ready for him to pick up.
Mr. Hickok stated regarding the statement of a truck terminal that led to a moratorium. There
was a statement by Attorney DeMay that his client was cooperative and was helpful at the time
his client had a building that had 50 overhead doors facing Main Street. There was no effort on
petitioner's part at all to talk to the City about what would be going into that building. There
were overhead doors from north to south on the east elevation of that building facing residential.
There was no effort on his part to try and explain what that building was going to be used for.
There was a sea of asphalt in front of the original building that was proposed, and no effort on
the part of the petitioner to try and explain. Staff was struggling and trying to figure out whether
that was a trucking industry or some other use. He thinks they would have a difficult time trying
to demonstrate that you could even build office with all the overhead doors.
Mr. Hickok stated regarding any foot dragging that occurred, communication would be a key
and would have been a good thing.
MOTION by Councilmember Bolkcom to receive into the record Exhibits 1 through 5 dated
November 5, 2007, received by Petitioner. Seconded by Councilmember Barnette.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 19
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Nelson said there is a document in front of them that shows what Mr. Hickok is saying is
not true. Mr. Hickok mentions that they owe $20,000 in claimed special assessments. His
memorandum acknowledges that after two years of trying to get an answer from staff and the
City Attorney, those were not appropriate charges other than a claimed $7,000. Now another
five years later he is trying to reinsert the $20,000 acting like he never decided they were
inappropriate in the first place.
Mr. Hickok replied it is not his role to decide assessments and what is applicable. If they were
to check with the Finance Department, they would find that each of three parcels has
approximately $7,000 due.
Mr. Nelson replied, that is absolutely untrue.
Mayor Lund stated Mr. Nelson contends that in about 2001 he made an application for a
building permit.
Mr. Nelson replied, correct.
Mayor Lund stated there is a memorandum that came in May, 2003. What he is hearing from
staff is that Mr. Nelson did not respond but he says he did.
Mr. Nelson replied, there were numerous letters from them and counsel requesting clarification
of these exact issues and it took until May 2003 to get an answer.
Councilmember Bolkcom asked Attorney Knaak if there were any other questions they should
have answered before they close the public hearing.
Attorney Knaak replied, ultimately it is for them to decide if they feel there has been adequate
information. He thinks there has been a fair amount of testimony, and the applicant has been
given substantial time to present evidence to them and to make the record. Ultimately they are
going to have to decide whether that is enough to persuade them to take action.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 9:43 P.M.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 20
OLD BUSINESS:
13. Resolution Revoking Special Use Permit, SP #06-11, for Central Auto Parts to
Operate a Junkyard in an M-1 Zoning District, Generally Located at 1201 — 73 �/z
Avenue N.E. (Ward 2) (Tabled June 25, 2007).
MOTION by Councilmember Varichak to removing the resolution from the table and table it to
June 9, 2008. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
14. Special Use Permit Request, SP #07-09, by Sikh Society of Minnesota, to Allow the
Construction of a Worship Facility in an R-1, Single Family District, Generally
Located at 5350 Monroe Street (Ward 1).
Mr. Hickok, Community Development Director, stated the property is located at 53rd Avenue
and Monroe Street. The property is zoned R-1, single-family residential, as are the properties to
the west. Super Target occupies the property to the east and north, and a daycare facility
occupies the property to the south. The property has remained undeveloped with wetlands
bordering its west and south sides.
Mr. Hickok stated the Sikh Society purchased the property at 5831 University Avenue in the
early 1990s and has continued to operate their worship facility at this address. Over the years
they have considered constructing an addition to this building but have decided instead to build a
new worship facility at 5350 Monroe Street.
Mr. Hickok stated the subject property is 96,525 square feet (2.22 acres), and the petitioner is
proposing an 8,640 square foot building. The building will be a split entry type building with a
lower and upper level. The floor plan consists of a foyer area with a sanctuary located on the
upper level. The lower area will have a kitchen, dining area, library and a living area for the
pastor.
Mr. Hickok stated the purpose of the special use permit is to provide the City with a reasonable
degree of discretion in determining the suitability of certain designated uses upon the general
welfare, public health, and safety of an area in which it is located. The special use permit gives
the City the ability to place stipulations on the proposed use and to eliminate negative impact to
surrounding properties. The City also has the right to deny a special use permit if the
surrounding properties cannot be eliminated through stipulations. Churches or worship facilities
are a permitted use in an R-1 district. Single-family is also permitted. Worship facilities can be
there provided they meet necessary requirements related building site requirements, parking,
subj ect to stipulations proposed by staff and ultimately approved by Council.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 21
Mr. Hickok stated the City Code directs them to use CR-1 general office standards for such a
facility. The new building meets all the requirements. The proposed building is being designed
in a manner that matches the scale of the residential character and structures of the adj acent
neighborhood and daycare facility.
Mr. Hickok stated the petitioner has indicated that they are trying to save as many large trees as
possible on the site. Staff will stipulate that all trees to be removed be marked and approved by
staff prior to removal. While staff typically recommends the use of a landscaped hedge for a
screening device between a single-family residential properties and entities such as this, it feels
that due to the change in elevation between the subject property and the residential properties to
the west, that an 8-foot screening fence or landscaped hedge would not be warranted as a
screening device.
Mr. Hickok stated the City Code does have a wetland overland district. It states that significant
wetlands will be maintained in their natural condition or improved to provide more benefits for
water quality management. It also states the City will preserve wetlands in the community
through implementation of development regulations to ensure the design and construction of
adequate site storm water measures. Historically the property has been a marshy wet site.
However, in years past, fill had been added to the site which caused the character of the soil to
change. It is not clear when the fill was placed on the site; however, it appears that it was some
time ago due to the vegetation that has grown since. It is not a protected wetland by the DNR.
Mr. Hickok stated in order to act upon this special use permit, staff required the petitioner to
have the existing wetlands on the site delineated further and the boundaries defined. The
petitioner hired Westwood to delineate those wetlands, and they determined that two wetlands do
exist on the site covering a total area of approximately 8,517 square feet. On the west side it is
marked 7,903 square feet and on the east side, it is about 614 square feet. City Code does not
restrict how close a building or parking lot can be located to a wetland when the DNR does not
protect that wetland. Therefore, their setbacks would meet the City's watershed district
requirement.
Mr. Hickok stated City staff is also requiring that any pond for storm water runoff be designed
to separate the runoff from wetlands on the site to protect the integrity of the wetland. Further
City Code requires that no land shall be altered in a way that would result in water runoff that
would cause flooding, erosion, or deposits of minerals on adjacent properties. The petitioner will
need to ensure that storm water ponds proposed to be located on site will collect the runoff by the
development on this site. The petitioner's engineers have designed a storm pond for the
property, and they are proposing to locate that on the south side of the property next to and
separate from the wetland. Fridley engineering staff has reviewed the preliminary storm pond
location and drainage design and has been working with the petitioner's engineer.
Mr. Hickok stated the design of the proposed storm pond and the overall drainage on the site
meet City Code requirements. Engineering staff will further review the proj ect to ensure that
engineering calculations of the proposed development protect the integrity of the State's runoff
requirement and to ensure neighborhood property owners are not in any way affected by runoff.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 22
Mr. Hickok stated the petitioner had also applied for a variance to reduce the amount of required
right-of-way for a buildable lot from 25 feet to 19 feet. This is important for Council to know
because City Code says a minimum of 25 feet is needed for frontage. It appeared as though this
site only had 19 feet. During staff's research of the variance request, the City's surveyor and
planning staff determined there was an additional 15 feet of right-of-way just east of where
Monroe Street sits, next to the daycare facility. It is disguised a bit and actually serves as the
entrance and exit to the parking lot of the daycare with a nice planting aisle the daycare has done
in between. That 15 feet, however, is dedicated for street purposes if need be.
Mr. Hickok stated the petitioner does have a better plan that would preserve the wetland and not
disturb the daycare's landscape and entrance and exit. When that was discovered, staff contacted
the petitioner's surveyor to verify the existence of the right-of-way and it has been determined
that they have all they need to eliminate the need for a variance to access their site.
Mr. Hickok stated while the discovery eliminates petitioner's need for a variance, staff would
still urge the petitioner to pursue an access easement from Petco/Target to access the site. You
would actually have cars exiting directly across from Petco into what is a service drive behind
the Target Superstore. The site would then be accessed from a 25-foot wide easement running
perpendicular from the service road. While the City cannot deny a platted lot access, this option
would require the petitioner to replace any wetlands.
Mr. Hickok stated on July 27 staff received a petition in opposition to this proposed
development from the neighborhood west of the subject property with 58 signatures of which 37
households were represented. No reason was identified. They are just opposed to the
development. Staff also received three letters in opposition of the request. A public hearing was
held at the Planning Commission meeting on October 17. The petition and letters in opposition
were put into the record and also sent to the Sikh Society. Petitioner submitted letters on their
own to the neighborhood surrounding the development prior to the Planning Commission
meeting to invite the residents to come and speak to them directly about their plans and how their
site would be developed.
Mr. Hickok stated the Planning Commission recommended approval of this request with the
stipulations as presented and an additional stipulation requiring the petitioner to install a fence
between the subject property and the residential properties to the west. The fence is not for
screening purposes. A neighborhood spokesperson who was present at the meeting earlier asked
him to pass along her message in the event she was unable to make it to this late hour. Her name
is Marian Billington and she had asked at the Planning Commission for a fence to separate the
residential area simply to block cut-through traffic which she anticipated now that the trees
would be cleared. There would be a shortcut made possibly from her neighborhood to the Target
store and across the site. The Planning Commission agreed with that, and staff has
recommended that as an additional stipulation. The Planning Commission voted unanimously to
recommend approval of the special use permit including the stipulations. Staff recommends
Council's approval.
Commissioner Saefke stated he noticed on the plans that the property does not extend all the
way to Cheri Lane.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 23
Mr. Hickok replied, that is correct.
Commissioner Saefke stated so there will still be a buffer of trees between Target and the
neighborhood.
Mr. Hickok stated, yes, on the north end. Target chose to leave that. Actually because of its
marshy conditions they left that in its natural state and have no plans that he knows of to do
anything with it.
Commissioner Saefke stated Mrs. Billington had called him earlier to voice her concern. He
asked whether the height of this building would possibly diminish some of the noise coming
from the Target area.
Mr. Hickok said it might help create kind of a buffer.
Councilmember Saefke stated he does notice on the plans that there is a good number of tree
plantings and other plantings around the whole facility.
Mr. Hickok stated he should point out that the Sikh Society has agreed that a fence would be
appropriate and it is agreed they will put in a fence along the western boundary. There is no
contention on that issue.
Councilmember Barnette stated he was a little concerned when they got the petition because
there is no reason why they signed the petition. The City of Fridley is a city with a lot of
churches. Every single one of those churches is in a residential area. The entrance of the church
will only be on Monroe Street so there is no access or anything else up into the neighborhood.
The height of the church as he understands is a story and a hal£ He went over and looked at the
property. It looks to him like the people living on Madison would look almost over the roof of
the church. The services will be held on the upper level and any other social activities would be
in the lower level which he thinks would diminish any noise, etc. It is his understanding and, it
has been stated by the Sikh Society, that there is no school. So, there will be no traffic during the
week or during the school day. There would be Sunday service like there is in all the other
churches in Fridley. He does not know how they could possibly consider denying this request.
Councilmember Bolkcom asked what the change in elevation was.
Mr. Hickok replied, though they have not have survey validation of this, he can tell them that
there is about 8 feet of difference between the western property line and the foundation level of
houses to the west. The building as represented at the Planning Commission meeting and in the
plans is 17-feet tall at its highest point. So if you figure a grade difference of 8 feet, they are
looking at a 9-foot building or the equivalent of. Some of the grades are a bit different. You
might have a bit higher and a bit lower, depending on where you sit on Madison.
Councilmember Bolkcom asked about the access agreement with Petco and Target at.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 24
Mr. Hickok replied as he understands it, there was a delay because Petco had not taken over
ownership from Target until very recently. The owner now of Petco lives in California, and they
have had much communication back and forth between Daljit Sikka representing the Sikh
Society and the owner of the property in California. At the time of the Planning Commission,
the gentleman from California was hoping to come to Minnesota and look at the site. That has
not happened yet, but Mr. Sikka is optimistic from their discussions that he will be able to secure
an easement for this purpose.
Councilmember Bolkcom asked what would happen if that was not the case.
Mr. Hickok stated that is why the discussions about the variance were so important and about
access to the south. It would not be ideal but they would need to redesign their site plan to take
access from the end of Monroe in some other fashion. Considering that the entrance into the
daycare is perpendicular to what serves as Monroe Street, likely what would happen is they
would need to come straight down and then take that 90-degree turn out onto Monroe and
possibly even share an access point with the daycare. Right now the access is being treated like
it is the daycare's own property but the reality is 15 feet were meant to serve the property to the
north as well.
Councilmember Bolkcom asked if they should feel uncomfortable about the site plan possibly
changing.
Mr. Hickok replied, no, this is included in the language of their recommended approval. If they
need to come in from the south as opposed to coming in from the east, they will be responsible
for the land replacement on a 1 to 1 ratio. Whether it is on-site or whether they are improving a
wetland elsewhere, they would make certain they do not minimize the City's wetlands by taking
and putting a driveway through this one.
Councilmember Bolkcom asked so they can actually mitigate the wetlands to a different area.
Mr. Hickok replied it is not a favorite solution, but they might have a marginal wetland area that
could use help. They did do that replacement activity on Noah's Ark which was very similar.
Councilmember Bolkcom stated so they feel that if they do not get the Petco easement it will
not impact the neighborhood.
Mr. Hickok stated they will rely heavily on the engineers and Public Works staff to help them.
Mayor Lund stated he was concerned about where the Sikh Society would get the tradeoff.
Mr. Hickok said a concern staff has talked to petitioner about is that it would really be a poor
second solution to come out to the south. What they want to do is come out perpendicular to the
flow of traffic as best they can.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 25
Mayor Lund asked if they had to go with the secondary option, it looks like a north-south hinge
or probably a curve with some shrubbery in it right? He sees one vehicle pulled up in one of the
parking spots there. Is that additional footage that would then get removed?
Mr. Hickok stated there is a 15-foot band running north and south that runs parallel with
Monroe and just immediately adjacent to it. It would take out that hedge that they are seeing and
make that all street.
Councilmember Bolkcom asked about the fence.
Mr. Hickok stated there is a chain link fence to the north separating the neighborhood from
Target. If they put a chain link fence to separate them from the neighborhood, it would be the
equivalent of what they have required of Target. They could survive with a chain link fence, and
he thinks that is probably their best most maintenance-free solution.
Councilmember Bolkcom asked if the new Target is any closer to the neighborhood. It seemed
like some of the comments were there is so much more impact to the neighborhood. There is
less parking lot and more green space.
Mr. Hickok replied the neighborhood believes that because the grade elevation was raised for
about six feet for the new Target, the new hard surface is now rebounding noise higher than
when it was six feet lower. Something like that could happen. They are going to do their very
best to save every tree that can be saved. Also, one of the things he is always concerned about is
when you take trees from a forest that is packed together, the remaining trees can have kind of a
peculiar shape and you may not like what you see when they are taken down. They will replace
the trees with new ones. There is a minimum tree requirement in our ordinance.
Councilmember Saefke stated because of new information on the site itself, they do not need a
variance.
Mr. Hickok replied they do not need a variance. They do still need a special permit.
Mayor Lund stated as he sees the layout and looks at the aerial it looks like virtually all the trees
have to go. He asked if the fence was going to be on the lower elevation.
Mr. Hickok replied, yes. They will get no height benefit from that fence at all.
Mayor Lund stated it does concern him when a number of people have signed a petition, even
though it does not say what their specific reason is.
Councilmember Bolkcom stated it is a nice area.
Councilmember Varichak said when you take trees out, what was a nice wooded area, is no
longer a nice wooded area. She asked about the scheduled events that happen at this site, are
they mostly on Sundays? What kind of traffic is going to happen at this particular site? She
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 26
looked at the parking as well, and asked if any of the lights will shine into the houses that face
the site.
Mr. Hickok stated he believed 4 to 5 hours total on the weekend except for the pastor who will
stay at the facility. During the week it is too small a congregation to have classes there or
anything else. The lights will be downcast and shielded. There can be no horizontal glare from
this or any new development and there can be no more than 3-foot candles at the property line.
Councilmember Varichak asked about car lights for parking. When they pull into the facility,
will they be shining in the direction of any of the residents.
Mr. Hickok replied that could be a problem, although from what he understands there is really
not a lot of evening activity here. The trees will help. If the worse thing that happens is young
trees have to be planted. The minimum is a 2-'/z inch caliper tree and the umbrella from that tree
will actually probably be at a more preferred eye level when it is first planted to kind of create a
screening for the parking lot. As it gets older and grows, you may see more of the parking lot.
Councilmember Barnette asked if there was a buildable lot to the north.
Mr. Hickok said there is triangular shaped piece that belongs to Target and that was counted as
part of their open space. It is really not practical.
Mayor Lund asked about all the marked trees and if the City requires that amount of trees on
this size facility.
Mr. Hickok replied, yes, they do. It is based on the square foot dimension of the building or one
tree for every 50 feet of site perimeter, whichever is greatest. They do get credit for leaving an
existing tree. So they can eliminate two trees if they have one of significant size.
Mayor Lund asked if any of the people who signed the petition were present at the Planning
Commission meeting.
Mr. Hickok replied, Ms. Billington was the only person who spoke from the neighborhood.
They did get a few telephone calls early on in the process.
Daljit Sikka, Sikh Society of Minnesota, he did talk to Mr. Miller who just bought the building.
His closing was done sometime in October. His conversation with him last Friday was that he
was probably going to come over here and look at the site and see what the impact might have
and then he said something about them sending pictures to him. He has also spoken to Ms.
Stromberg at the City and got the feedback to what he was looking for. His only concern was if
they use any of the land he will compensate them for any use. He told them they would be glad
to work with them. It did not seem like he was in opposition to it, but he did want to know what
they were going to do to the property.
Councilmember Bolkcom asked him whether he understands that if this does not work that he
will have to do some reworking of this site?
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 27
Mr. Sikka replied, correct.
Councilmember Bolkcom asked him if he understands the stipulations that are with the special
use permit.
Mr. Sikka replied the other possibility would be to put a bridge over the wetlands. They have
looked at the possibilities but the best way to do it is if they get an easement. They are not
looking to build until spring anyway so they have plenty of time to talk to Petco and Target.
Councilmember Bolkcom asked him what kind of feedback he received from the neighborhood
after sending out the letter to them.
Mr. Sikka replied, he did not receive any telephone calls. They did send the letter to everybody
on a list provided by the City.
Councilmember Saefke asked Mr. Sikka about the congregation growing and if he saw in the
possibility of expansion in the future.
Mr. Sikka replied when they first built in Fridley they had 40 families and they bought the
McDonald's building. Now they probably have 150 families. If it grows, then they will have
another church in the south or west.
Councilmember Saefke asked so they will start a new congregation somewhere.
Mr. Sikka replied, yes.
Councilmember Saefke stated he thinks that might be a concern, too, that some day they will
want to expand. It is kind of reassuring Mr. Sikka will be keeping his congregation to a
workable level.
Mr. Sikka replied, they will try their best.
Mayor Lund asked if there was any hurry to approve this. He is still a little concerned about the
delineation of the wetlands if they have to go that way. He understands the petitioner has enough
room to do a driveway if they cannot get the easement. However, if he then had to delineate, he
is wondering where they are going to get the tradeoff.
Mr. Hickok replied, rest assured for the amount of square feet they will be glad to find a wetland
that could use some enhancement.
Mayor Lund asked does that have to be in Fridley or can they do it someplace else?
Mr. Hickok replied it certainly could be, especially if they go back to the classification of this
wetland and the fact it is not DNR protected, they have pretty broad discretion as to how they do
that. What is good for the region would be good for us.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 28
Councilmember Saefke pointed out today is the 60-day action.
Councilmember Bolkcom asked Mr. Hickok regarding Stipulation No. 11 related to Petco, if
that easement does come about, should something else go in there?
Mr. Hickok replied, he thinks they have adequate protections in there and a commitment on
petitioner's part to design a solution. They really have been committed to doing what is good for
the environment and what is good for their congregation as well. He thinks they have fair
protections in there.
Mayor Lund asked if because of the low elevation if there should be a requirement for some
enhancements so that the residents are not just looking on top of the building.
Mr. Hickok replied for many of the residents, it will be like looking across a one-level building
straight across. He hesitates to become involved in the architecture.
Jeff McElmury, Architect for Sikh Society, stated the height of the building is somewhere
around 22 or 22.5 feet. It is about 10 feet floor to floor from the lower level to the main worship
level and then a 3 or 4or foot structure. That is not totally carved in stone because they have not
engineered it yet. What his drawing shows is 22.9 grade to the top.
Mayor Lund asked what the residents abutting the property would see.
Mr. McElmury replied there is a 5-foot setback for parking. They have actually moved that
over to the east side of the property 5 feet so they have a 10-foot buffer. Also, to accommodate
the wetland on the west side. They tried to leave as many of those trees along there. If they
were to plant new trees they should probably use something more of a decorative tree. The trees
there now are really large, mature, 50 to 60 foot trees, so they would actually be looking under
those. For any new trees in there, it would be better almost to use a decorative tree so it keeps it
low and they would stay at that 25-30 foot level. They could also put some evergreens there to
give more of a year around screen.
Mr. McElmury said they are about 99.9 percent sure that they are going to get the access into
the easement. He thinks that once they see it and they have an agreement about repairs that need
to be made to that street or who plows it and that they would share in those maintenance and
operating costs, he does not see any reason they would object to it.
MOTION by Councilmember Saefke to approve Special Use Permit Request, SP #07-09, with
the following fourteen stipulations:
1. Petitioner to obtain all necessary permits prior to construction.
2. Petitioner to meet all building, fire, and ADA code requirements.
3. Proposed building to be sprinkled per MN Rules Chapter 1306.
4. Grading and drainage plan to be approved by City's engineering staff prior to the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2007 PAGE 29
5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building
permit.
6. Petitioner shall meet any requirements identified by Six Cities Watershed District.
7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
8. A protective railing to be installed on top of the proposed retaining wall around the storm
pond.
9. The petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the construction of the new building shall be marked and
approved by City staff prior to issuance of building permits.
10. All lighting on the property shall be shielded and downcast and shall not exceed three-
foot candles at the property line.
11. Access agreement from Petco/Target to be submitted to City staff prior to issuance of a
building permit.
12. The petitioner shall be responsible for the installation of sewer and water service
connections from property line to existing City utilities. Plan to be approved by City's
Engineering Department.
13. If petitioner s unable to obtain an access agreement from Petco/Target, the petitioner shall
apply for and have approved a Wetland replacement plan from the City before a building
permit shall be issued.
14. Petitioner shall install a fence between the subject property and the residential properties
to the west.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Informal Status Reports.
Mayor Lund reminded the citizens of the school board elections. Also, a reminder to citizens
of a citywide special election on November 20.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 10:47 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
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From:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
November 19, 2007
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
November 16, 2007
Re: First Reading of an Ordinance Amending Fridley City Code Chapter 603 Intoxicating
Liquor to Allow Sale of Intoxicating Malt Liquor with 3.2% Malt Liquor and Wine
Licenses
City Code Chapter 602 regulates the sale of 3.2% malt liquor which is defined as, "any malt liquor
with an alcoholic content of more than one-half of one percent (.5%) by volume and not more than
3.2% by weight". City Code Chapter 603 allows the sale of wine and intoxicating liquor which is
defined as, "ethyl alcohol and distilled, fermented, spirituous, vinous, and malt beverages containing
in excess of 3.2% of alcohol by weight". An individual, partnership or corporation may apply for a
wine license which is regulated within this chapter, as it is in excess of 3.2% of alcohol. At the
present time an applicant may only serve 3.2% malt liquor or wine. If they want to serve intoxicating
malt liquor, or strong beer, they must apply for an intoxicating liquor license.
The City received a request from Rob Dubnecay of Chris and Rob's Chicago Taste Authority to
allow them to have an intoxicating malt liquor license and wine license similar to the City of
Minneapolis. At the request of the City Council, staff researched the issue further and found state
law allows the sale of intoxicating malt liquor with the sale under certain conditions. If an
establishment has a wine license, which meets the state's definition below, and a 3.2% malt liquor
license with gross receipts of at least 60 percent attributable to the sale of food, they may sell
intoxicating malt liquors at on-sale without an additional license.
Mn Statute Section 304A.404, Subd. 5. Wine licenses. (a) A municipality may issue an on-
sale wine license with the approval of the commissioner to a restaurant having facilities for
seating at least 25 guests at one time. A wine license permits the sale of wine of up to 14
percent alcohol by volume for consumption with the sale of food. A wine license authorizes
the sale of wine on all days of the week unless the issuing authority restricts the license's
authorizing to the sale of wine on all days except Sunday.
(b) The governing body of a municipality may by ordinance authorize a holder of an
on-sale wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2%
malt liquors at on-sale pursuant to Section 304A.411, and whose gross receipts are at
least 60 percent attributable to the sale of food, to sell intoxicating malt liquors at on-
sale without an additional license.
Based on the findings, staff recommends the City Council hold the first reading of an Ordinance
Amending Fridley City Code Chapter 603 Intoxicating Liquor to Allow Sale of Intoxicating Malt Liquor
with 3.2% Malt Liquor and Wine Licenses
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 603
INTOXICATING LIQUOR TO ALLOW SALE OF INTOXICATING MALT LIQUOR
WITH 3.2% MALT LIQUOR AND WINE LICENSES
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Chapter 603 related to sale of sale of intoxicating liquor be hereby amended and ordains as
follows:
SECTION 1
Chapter 603 is hereby amended as follows:
603.23. SALE OF INTOXICATING MALT LIQUOR
A licensee who has been issued an on-sale 3.2% malt liquor license and an on-sale wine license
mav sell intoxicatin,� malt liquor whose ,�ross receipts are at least 60 percent attributable to the
sale of food. without an additional license. as allowed bv Minnesota Statutes 340A.
At the time for renewal of the a�lication for an on-sale 3.2% malt liquor and wine license, the
applicant shall submit proof to the Citv in a statement made bv a certified public accountant.
The statement shall provide proof of the total �ross sales, the total �ross malt liquor and wine
sales, and the total �ross food sales of the restaurant for the twelve (12) month period
immediately precedin� the date for filin� renewal a�lications. The statement shall also provide
proof that a minimum of 60% of the total �ross sales shall be attributable to the sale of food
prepared on-site and not from vendin,� machines.
SECTION 2
That the current numeration in Sections 603.23 through 27 be re-numbered accordingly so as to
incorporate this new section into the City Code.
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:
Second Reading
Publication:
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Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 19, 2007
November 12, 2007
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Preliminary Plat Extension Request, PS #07-04, Bruce Westman
M-07-34
INTRODUCTION
The petitioner, Bruce Westman received preliminary plat approval from the City Council on May
21, 2007, for the properties located at 100-110 Mississippi Place. The purpose of the
preliminary plat approval is to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition,
to create Lots 1 and 2, Block 1, Sarah Addition. Essentially this replat will change the property
line from going west and east on these two parcels to north and south.
On October 23, 2007, staff received a letter from Mr. Westman requesting an extension to file
the final plat. Though, no reason was given for the extension, staff has spoken with the
petitioner and knows that the petitioner hasn't submitted the preliminary plat to Anoka County
yet. Therefore, the petitioner needs additional time to get the County's approval before he can
submit the final plat to the City.
PLANNING STAFF RECOMMENDATION
City Staff recommends approval of a 6-month extension to May 21, 2008.
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Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 19, 2007
November 12, 2007
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Final Plat, PS #07-03, Richard Carlson for Park Construction
M-07-35
INTRODUCTION
On April 18, 2007, the Planning Commission considered plat request PS #07-03, by Richard
Carlson. Mr. Carlson is seeking to replat multiple parcels including vacated streets and
alleyways, to create one lot, which will allow the petitioner to continue to use and develop the
property generally located at 30 81St Avenue NE. City Staff and the Planning Commission
recommend approval of plat request, PS #07-03, with 4 stipulations. At the May 7, 2007, City
Council meeting, the preliminary plat was approved, with 4 stipulations.
As required in stipulation #4, the petitioner is now showing one lot on the final plat because he
intends to utilize the entire property for their business.
RECOMMENDATION
City Staff and the Planning Commission recommends approval of the resolution for final plat PS
#07-03.
STIPULATIONS
1. Utility easements as required by the Metropolitan Council to be shown and dedicated
on final plat.
2. All parking and drive areas to be paved per City Code requirements, except for the
area for tracked vehicle parking that was approved with VAR #04-11.
3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be
required along those property lines abutting public right-of-ways. Landscape plan to
be submitted and approved by City staff prior to installation.
4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor
storage and without a principal structure, the final plat should show one lot instead of
two.
RESOLUTION NO.
RESOLUTION APPROVING A PLAT, P.S. #07-03, PARK SHOP, BY RICHARD
CARLSON, FOR THE PURPOSE OF CONSOLIDATING SEVERAL SMALL PARCELS
AND VACATED STREETS AND ALLEYWAYS TO CREATE ONE LOT, GENERALLY
LOCATED AT 30 81ST WAY NE.
WHEREAS, the Planning Commission held a public hearing on April 18, 2007, and
recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for PARK SHOP at their May 7,
2007, meeting, with stipulations attached as Exhibit A; and
WHEREAS, a copy of the plat PARK SHOP has been attached as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for
PARK SHOP and directs the petitioner to record the plat at Anoka County within six months of
this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
19TH DAY OF NOVEMBER 2007.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Page 2— Resolution -2007 — PARK SHOP
EXHIBIT A
STIPULATIONS
1. Utility easements as required by the Metropolitan Council to be shown and dedicated
on final plat.
2. All parking and drive areas to be paved per City Code requirements, except for the
area for tracked vehicle parking that was approved with VAR #04-1 l.
3. If outdoor storage continues to be part of the use on Lot 2, landscaping shall be
required along those property lines abutting public right-of-ways. Landscape plan to
be submitted and approved by City staff prior to installation.
4. If the petitioner plans to utilize Lot 2 for their business through the use of outdoor
storage and without a principal structure, the final plat should show one lot instead of
two.
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A Q O
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 19, 2007
�ffY �F
FRIDLEY
To: William W. Burns, City Manager
From: Don Abbott, Public Safety Director
Date: November 16, 2007
Re: Anoka County Mutual Aid Agreement
Attached to this memorandum is a Mutual Aid Agreement prepared by the Anoka County
Attorney to provide for the sharing of resources between the County and each of the
municipalities within Anoka County. By adopting this resolution and executing the Mutual
Aid Agreement, Council authorizes the City Manager or his/her designee to provide requested
City resources to any of the other cities or to the County upon request. It also authorizes the
City Manager to request mutual aid from either the County or any of the other cities.
This agreement replaces the Anoka County Law Enforcement Joint Powers Agreement,
signed by City of Fridley officials on October 5, 1981. This new Mutual Aid Agreement
extends beyond law enforcement resources and authorizes the City Manager or designee to
provide other City assets as well. These assets could include Public Works staff and
equipment, fire apparatus, police officers, or any other resource that the City would have and
would make available to the other entities in time of need. The Mutual Aid Agreement
continues to authorize the Director of Public Safety to provide or request police resources to
or from Anoka County and its municipalities as these requests occur more frequently and
typically involve short notice requests for police officers to assist for short periods of time
(minutes or hours).
Staff recommends adoption of the resolution.
RESOLUTION NO. 2007 -
RESOLUTION AUTHORIZING MUTUAL AID
WHEREAS, the Fridley City Council finds that there are situations where another local
government may need the assistance of our City's personnel and/or equipment and it would be
impossible or impractical for Council to meet to authorize sending such assistance; and
WHEREAS, there are also situations where our City may need the assistance of another
local government's personnel and/or equipment, and it would be equally impractical for Fridley
City Council to meet to authorize requesting such assistance; and
WHEREAS, the Fridley City Council authorized the City to enter into the Anoka County
Law Enforcement Joint Powers Agreement effective October 5, 1981;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that:
The City of Fridley authorizes the City Manager or his/her designee to act as a
Responding Official pursuant to the Anoka County/City Mutual Aid Agreement, and to
dispatch equipment or personnel as deemed necessary to assist another local government.
In the case of requests for law enforcement personnel and/or equipment, the Director of
Public Safety is authorized to act on all such requests for assistance as the Responding
Official.
This decision shall be made after considering at all times and in each case the internal
needs of our City in addition to the needs of the party requesting our City's assistance.
The City Manager, Director of Public Safety or his/her designee, shall recall the City's
equipment and/or personnel if it is needed in our City, or if it is no longer needed by the
requesting local government or if City Council orders that action.
The City of Fridley authorizes the City Manager or his/her designee to act as a
Requesting Official pursuant to the Anoka County/City Mutual Aid Agreement, and to
request such equipment or personnel as deemed necessary. In the case of requests for law
enforcement personnel and/or equipment, the Director of Public Safety is authorized to
make all such requests for assistance as the Requesting official.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF NOVEMBER, 2007.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
' ANOKA COUNTY- CITY
JOINT POWERS AGREEMENT FOR
MUTUAL AID
0
THIS MUTUAL AID AGREEMENT made and entered into by and between
the undersigned units of government all acting by and through their governing
bodies,
WITNESSETH THAT:
WHEREAS, Minn. Stat. 471.59 authorizes the joint and cooperative
exercise of powers common to contracting governmental units; and
WHEREAS, the undersigned governmental units recog,nize that there are
circumstances where it is an efficient use of government resources to make
- equipment, personnel and other resources available to political subdivisions from
other political subdivisions; and
� WHEREAS, the undersigned governmental units entered into a Law
Enforcement Joint Powers Agreement in 1981, which provided for the sharing of
police and law enforcement resources under certain defined circumstances; and
WHEREAS, the undersigned units of government wish to modify the terms
of the 1981 Joint Powers Agreement for the provision of mutual aid and
assistance in order to conform to both existing law and to the current needs of
' the governmental units herein; and
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the undersigned units of government do covenant and agree pursuant to
Minn. Stat. 471.59 as follows:
1. PURPOSE.
The intent of this agreement is to make equipment, personnel and other
- resources available to political subdivisions within Anoka County from
�
other political subdivisions within Anoka County.
2. DEFINITIONS.
a. "Party" means a political subdivision.
_'� 7
�r,��;�� �;�=i�nt�-C�it�° ���[�!���: �:i�i �rr��m�3�t
b. "Requesting Party" means a party that requests assistance from _
other parties.
c. "Requesting Official" means any person designated by a Party who
is responsible for requesting Assistance from other Parties. Each
party to this agreement has the authority to designate such person,
persons or Departments that are authorized to act as a requesting
official. In the case of requests for law enforcement personnel and
equipment, the Requesting Official shall be the chief law
enforcement officer of the Party, or his or her designee(s).
d. "Responding Party" means a party that provides assistance to a
Requesting Party.
e. "Responding Official" means a person or persons designated by a
Party, who is responsible to determine whether and to what extent
that party should provide assistance to a Requesting Party. Each
party to this agreement has the authority to designate such person
or persons who are authorized to act as a responding official. In
the case of requests for law enforcement personnel and
equipment, the Responding Official shall be the chief law
enforcement o�cer of the Party, or his or her designee(s).
f. "Assistance" means
i. Law enforcement personnel and equipment
ii. Fire and/or emergency medical services personnel and
equipment
iii. Public Works personnel and equipment
iv. Utility personnel and equipment
v. Other assistance as requested by the Requesting Party
3. PROCEDURE.
a. Request for assistance. Whenever, in the opinion of a
Requesting Official, there is a need for assistance from other
parties, a Requesting Official may call upon a Responding Official
of any other party to fumish assistance.
b. Response to request. Upon the request for assistance from a
Requesting Party, the Responding Official may authorize and
direct his/her party's personnel to provide assistance to the
Requesting Party. This decision will be made after considering the
needs of the responding party and the availability of resources.
c. Recall of assistance. The Responding Official may at any time
recall such assistance when in his or her best judgment or by an
�2
r���n�:� C��;=��r��y..�";i�� i����ti.��; �if� ��r'���emc;?�f
c
� order from the governing body of the Responding Party, it is
considered to be in the best interests of the Responding Party to
do so.
d. Command of scene. The Requesting Party shall be in command
of the mutual aid scene. The personnel and equipment of the
Responding Party shall be under the direction and control of the
` Requesting Party until the Responding Official withdraws
assistance.
�
4. WORKERS' COMPENSATION.
Each party shall be responsible for injuries or death of its own personnel.
Each party will maintain workers' compensation insurance or self-
insurance coverage, covering its own personnel while they are providing
_ assistance pursuant to this agreement. Each party waives the right to sue
any other party for any workers' compensation benefits paid to its own
' employee or volunteer or their dependents, even if the injuries were
caused wholly or partially by the negligence of any other party or its
o�cers, employees, or volunteers.
5. DAMAGE TO EQUIPMENT.
Each party shall be responsible for damages to or loss of its own
- equipment. Each party waives the right to sue any other party for any
damages to or loss of its equipment, even if the damages or losses were
caused wholly or partially by the negligence of any other party or its
officers, employees, or volunteers.
6. LIABILITY.
a) For the purposes of the Minnesota Municipal Tort Liability Act (Minn.
Stat. Chapter 466), the employees and officers of the Responding
- Party are deemed to be employees (as defined in Minn. Stat. 466.01,
subdivision 6) of the Requesting Party.
. b) The Requesting Party agrees to defend and indemnify the
Responding Party against any claims brought or actions filed against
the Responding Party or any officer, employee, or volunteer of the
Responding Party for injury to, death of, or damage to the property of
any third person or persons, arising from the performance and
.'� �
t`lt'bt�k,'r� �,;t::St?i�r..{;I%�� �?�i.!9i,1'c3' �t�� �,�1"�?�CY2��ll
provision of assistance in responding to a request for assistance by ,
the Requesting Party pursuant to this agreement.
Under no circumstances, however, shall a party be required to pay on
behalf of itself and other parties, any amounts in excess of the limits
on liability established in Minnesota Statutes Chapter 466 applicable
to any one party. The limits of liability for some or all of the parties
may not be added together to determine the maximum amount of
liability for any party.
The intent of this subdivision is to impose on each Requesting Party a -
limited duty to defend and indemnify a Responding Party for claims
arising within the Requesting Party's jurisdiction subject to the limits of
liability under Minnesota Statutes Chapter 466. The purpose of
creating this duty to defend and indemnify is to simplify the defertse of
claims by eliminating conflicts among defendants, and to permit
liability claims against multip�e defendants from a single occurrence to
be defended by a single attorney.
c) No party to this agreement nor any officer of any party shall be liable
to any other party or to any other person for failure of any party to -
furnish assistance to any other party, or for recalling assistance, both
as described in this agreement.
7. EFFECTIVE DATE.
This agreement shalf be effective upon its execution by two or more
governmental units. Additional governmental units may join this
agreement through proper execution of this Agreement and this _
agreement shall be effective as to such units upon execution.
8. TERMINATION AND WITHDRAWAL.
Any party to this agreement may withdraw from this agreement upon thirty
(30) days written notice to the other parties to the agreement, delivered to
the Mayor or Clerk of the municipal parties and to the Chair of the Anoka
. County Board of Commissioners. Such withdrawal shall not terminate this
agreement except as to such party and this agreement shall continue
unless and until there is only one remaining party. It is further agreed that
the prior Joint Powers Agreement between the parties covering the
=1�
r'����t���� �,�;��r�:�r._{.:I�Jf �V�?h�:�.��! �}:� ;��rr�c�:r��F�=�i
0
provision of law enforcement mutual aid is hereby terminated and is
superseded by this agreement.
IN WITNESS WHEREOF, each party has read, agreed to and executed
this Mutual Aid Agreement on the dates indicated below.
CITY OF ANOKA CITY OF BLAINE
By: Bv�
its: its:
sy: By�
its: its:
Dated: _ Dated:
CITY OF CENTERVILLE
By:
its:
sy:
its:
Dated:
CITY OF LEXINGTON
By:
its:
By:
its:
Dated:
CITY OF CIRCLE PINES
By:
its:
By:
its:
Dated:
CENTENNIAL LAKES POLICE
DEPARTMENT GOVERNING BOARD
By:
its:
ay:
its:
Dated: _
�5
t�:r=c,k<�; �;c,i�ri��•��":�i�y �,���!��; �i:� #���r�.�:€��t�;=�i
CITY OF COLUMBIA HEIGHTS
By:
its:
By:
its:
Dated:
CITY OF FRIDLEY
By:
its:
By:
Its:
Dated:
CITY OF RAMSEY
By:
its:
ay:
its:
Dated:
CITY OF SPRING LAKE PARK
By:
Its:
By:
Its:
Dated:
CITY OF COON RAPIDS
By:
its:
gy:
its:
Dated:
CITY OF LINO LAKES
By:
its:
By:
Its:
Dated:
CITY OF ST. FRANCIS
By:
its:
By:
its:
Dated:
COUNTY OF ANOKA
By:
Dennis D. Berg, Chair
County Board of Commissioners
By:
Terry L. Johnson
County Administrator
Dated:
1-6 dR t
>i(�i�)�`o'r� �.�).i.i€i�i�f_�.ei�i� �i.Fi=..?�}.;�; ���;..! F�t{��i:'�'�i�?{.�.3�k
_ ,
�
Bruce Andersohn
Anoka County Sheriff
Dated:
-'� 7
s'-�I;��� t. i,.i.I;1?� ,i?`€ iki�.��i .<i �3 ��i{`i 3:a€�R j:.'��
�
�
CIIY OF
FRIQLEY
To:
From:
Date
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 19, 2007
William W. Burns, City Manager �
�
Deborah K. Dahl, Human Resources DirectorC ��'
November 14, 2007
Re: Com}�ensation Adjustments
In order to prepare the final figures for the Personal. Services portion of the 2008 budget, it
will be necessary for the City Council to approve any adjushnents to salaries, benefits and
other forms of compensation for 2008.
I recommend the following for full- and part-time City employees:
1. A general increase of 3.0 percent in salaries.
2. An increase of 3.0 percent in automobile allowances, where applicable.
Sta.ff recommends Council's approval of the attached resolution.
Thank you for your attention to this matter.
dkd/rsc
Attachment
:
�
0
�
RESOLUTION NO. 2007 -
RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION
AND CHANGES IN CERTAIN BENEFITS FOR THE 2008
CALENDAR YEAR
WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to
Fridley City employees within budgetary constraints; and
WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity
Act; and
WHEREAS, the City Council and City staff have reviewed the City's financial position as well as
economic indicators and compensation adjustments by comparable employers; and
WHEREAS, an adjustment of employee salaries and benefits is warranted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following
adjustments and changes be authorized for non-union employees of the City of Fridley, effective
January 1, 2008:
1. A general increase of 3.0 percent in non-union employee salaries.
2. An increase of 3.0 percent in automobile allowances, where applicable.
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 NOVEMBER 19, 2007
�ffY �F
FRIDLEY
C�AI MS
134242 - 134391
�
�
�ffY OF
FRIDLEIF
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 19, 2007
LICENSES
Type of License Applicant Approved By:
Solicitor's License- Walters Refuse and Recycling
Daniel A. Lindstrom Police Department
Robert E. Notermann
Christmas Tree Lot
Christmas Tree Lot
Home Depot #2802
Bachman's Garden Center
Community Development
Police Department
Fire Department
Community Development
Police Department
Fire Department
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 19, 2007
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Air Conditionin Associates, Inc Gas/HVAC John Matthews Ron Julkowski, CBO
All Weather Roof Roofin Bernard Me er Ron Julkowski, CBO
Aurora Mechanical HVAC Bra den Meverde Ron Julkowski, CBO
Elvrum Construction Inc Commercial John Elvrum Ron Julkowski, CBO
Heatin & Coolin Two Inc Gas Bill Hausmann Ron Julkowski, CBO
Le er Construction Services Commercial Tim Le er Ron Julkowski, CBO
Otes o Heatin & A/C HVAC David Kolb Ron Julkowski, CBO
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 19, 2007
William W. Burns, City Manager
James Kosluchar, Public Works Director
November 19, 2007
PW07-OfiO
Pre- Preliminary Project Assessment Hearing on Neighborhood
Street Improvement Project No. ST2008-1
On October 18, 2007, a neighborhood meeting/workshop was held at City Council
Chambers. We had 57 attendees from 47 properties associated with the project.
A full presentation was led by Layne Otteson, Dan Belair and I; we also provided
response time to answer questions regarding construction and potential assessments.
There was also a presentation by Dawn Pape, of the Rice Creek Watershed District on
rain gardens.
Both formal and informal question and answer sessions were held after the
presentations. Most of the questions were in regard to the scope of special
assessments, construction coordination, and maintenance issues (many of which were
unrelated to the project).
Residents were asked to provide information on their property in regard to facilities that
may conflict with construction, including irrigation systems, pet fences, etc. This
information was recorded to assist in design of the project.
The Public Hearing for the 2008-1 Street Project is scheduled for the Council Meeting of
November 19, 2007. Staff has been very careful about following all proper procedures
for notifying the affected residents, such as individual letters inviting them to the meeting
were mailed on October 26`h, 2007. Publication has been posted in the Focus Legal Ads
section November 1, and November 8, 2007.
JPK:jb
�
�
CffY OF
FRIDLEY
TO:
FROM
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 19, 2007
William W. Burns, City Manager
James Kosluchar, Public Works Director
November 19, 2007
PW07-59
ST2008-1 Street Improvement Project - Order for Preparation of Plans
Pursuant to tonight's public hearing on the proposed improvements for Street Improvement
Project ST2008-1, staff recommends approval of the attached resolution ordering
preparation of plans and other bid documents. As discussed previously with the City
Council, engineering staff will be preparing these plans and bid documents internally in
order to reduce the project budget insofar as possible.
The attached resolution allows us to proceed with design. When final bid documents are
complete, we will request that the City Council authorize a call for bids. We anticipate this
will be in January or February of 2008.
Recommend City Council approves the order for preparation of final plans for the 2008-1 Street
Improvement Project.
JP:�B
Attachments
Exhibit 'A'
RESOLUTION NO. 2007 -
RESOLUTION ORDERING FINAL PLANS, SPECIFICATIONS AND ESTIMATES OF COSTS
THEREOF: 2008 NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST 2008 - 1
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 reconstruct
streets in the City to a standard section including concrete curb and gutter, and
WHEREAS, the City of Fridley's Engineering Department has completed preparation of a feasibility
report and estimates of costs thereof for the improvements.
WHEREAS, pursuant to Resolution 2007-19 of the City Council of the City of Fridley adopted March
26, 2007, a report has been prepared by the City of Fridley Public Works Department with reference to
the specific improvements, and
WHEREAS, Resolution No. 2007-58 adopted October 22, 2007 received the draft feasibility report and
called for a public hearing on the matter of the construction of certain improvements listed in, and this
report was received by the council on October 22, and
WHEREAS, a public hearing regarding said improvements was set for November 19, 2007, and ten
days' mailed notice and two weeks' published notice of the hearing was given, and
WHEREAS, the public hearing regarding said improvements was held thereon on November 19th,
2007 at which all persons desiring to be heard were given an opportunity to be heard thereon,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. That the improvements proposed in the feasibility report are hereby ordered to be effected
and completed as soon as reasonably possible, to-wit:
3. Street improvements, including grading, aggregate, hot-mix bituminous pavement, concrete
curb and gutter, water and sanitary sewer repairs, storm sewer system, landscaping, and
other facilities located at the locations specified in the attached `Exhibit A', attached
4. That the work be incorporated in the 2008 street improvement project as ST2008-1.
5. That the work be performed under this project may be performed under one or more
contracts as may be deemed advisable upon receipt of bids.
6. That the Director of Public Works, James P. Kosluchar, is hereby designated as the
engineer for this improvement. He shall oversee the preparation of plans, specifications
and estimates of costs thereof for making of such improvements.
7. The City Council declares its official intent to reimburse itself for the costs of a portion of
said improvements from the proceeds of tax exempt bonds.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2007.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND — MAYOR
EXHIBIT A
STREET IMPROVEMENT PROJECT NO. ST. 2008-1
PROPOSED IMPROVEMENTS
Street improvements, including grading, aggregate base, bituminous asphalt, concrete curb and gutter, water and
sewer upgrades, landscaping, and other facilities located as follows:
2nd Street NE
3rd Street NE
401/2 Avenue NE
45th Avenue NE
54th Avenue NE
SSth Avenue NE
571/2 Avenue NE
62nd Way NE
62�/z Way NE
63rd Way NE
63�/z Way NE
64� Way NE
68th Avenue NE
68� Place NE
Ashton Avenue NE
Ashton Avenue NE
California Avenue NE
Channel Road NE
Charles Street NE
Cheri Circle NE
Cheri Lane NE
East River Road Service Drive NE
Hickory Drive NE
Horizon Drive NE
Hwy 65 East Service Drive NE
Hwy 47 East Service Drive NE
Hwy 65 West Service Drive NE
Island Park Drive NE
571/2 Avenue to 58th Avenue
45th Avenue to 46th Avenue
California Avenue to Main Street
180' E. of 3rd St to 163' W of 3rd Street
7� Street to Madison Street
4� Street to 5� Street
2nd Street and 21/2 Street
East River Road to Ashton Avenue
East River Road to Ashton Avenue
Riverview Terrace to East River Road
Riverview Terrace to East River Road
East River Road to Ashton Avenue
Hwy 65 Service Drive East to Channel Road
Hwy 65 Service Drive East to Lucia Lane
Hickory Drive to approx 450' North
Mississippi Way to 61 st Way
401/2 Avenue to Approximately 300' South
68th Avenue to Approximately 300' North
Anna Avenue to East River Road
Cheri Lane to Approximately 200' South
7� Street to Approximately 1500' East
79th Way to Liberty Street
East River Road to 70� Way
Main Street. to Approximately 300' East
68� Place to 68� Avenue
53rd Avenue to Approximately 600' North
West Moore Lake Drive to 64th Avenue
Anna Avenue to East River Road
Jupiter Drive NE Sylvan Lane to Mercury Drive
Lucia Lane NE 68� Place to Approximately 200' South
Madison Street NE Cheri Lane to 531/2 Avenue
Mississippi Place
Onondaga Street NE
Pierce Street NE
Riverview Terrace to East River Road
Central Avenue to Hayes Street
Mississippi Street to 66� Avenue
Riverview Terrace NE 631/2 Way to Alden Way
Satellite Lane NE Mercury Drive to Hwy 47
Siverts Lane NE 69th Avenue to Approximately 600' South
Starlite Boulevard NE Sylvan Lane to Satellite Lane
Sylvan Lane NE Jupiter Drive to Hwy 47
� - ir
REP4RT ON FEASIBILITY
2008 NEIGHBORHOOD STREET IMPROVEMENT
PROJECT
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
Eng4neering
Sewer
Water
Parks
Streets
Maintenance
C ITY P�ROJ ECT N O. ST. 2�08-1
November 15, 2Q07
I hereby certify that this report was prepared by me or under my direct
supervision, and that I am a duly Licensed Professional Engineer under the
laws of the State of Minnesota.
Date
Layne Otteson, PE License No. 42079
� r
Table of Contents
Description
Table of Contents
Introduction
Background
Proposed Improvements
Estimated Costs
Funding Sources
Summary
Appendix
Street Project Location Maps
Opinion of Probable Cost
Assessment Calculator
Mock Assessment Roll
Report on Feasibility
City of Fridley
Pa�.e No•
1
2
4
5
6
6
7
8
A-FRIDL0602.00
Page 1
Introduction
In March 2007, the Fridley City Council ordered a report on feasibility for improvements
associated with the 2008 Neighborhood Street Improvement Project (City Project No. ST
2008-1). The study area is shown on Figures 1 A, 1 B, 1 C, and 1 D in the Appendix. The
project will include 4.28 miles of street reconstruction and utility improvements. The
streets proposed to be included in this project are in the followi.ng list.
This list was approved by the Fridiey Ciry Council in Resolution 2007-19, with the
exception of the items shown in bold type, which aze edits from the list included in tha.t
resolution. One street segment was discovered on Mississippi Street that has existing
asphalt curbing. This street segment is proposed to be added to the project. The
remaining items correct typographical errors or provide more accurate limits for each
street segment than the list from Resolution 2007-19.
Report on Feasibility
City of Fridley Page 2
PROPOSED STREET SEGMENTS TO BE INCLUDED
IN 'THE
2008 STREET RECONSTRUCTION PROJECT ST 2008-01
2"� Street NE
3'� Street NE
40'/z Avenue NE
45�' Avenue NE
54�' Avenue NE
55�' Avenue NE
57'/2 Avenue NE
62°d Way NE
621/z Way NE
63`d Way NE
631/z Way NE
64�` Way NE
68�' Avenue NE
68'� Place NE
Ashton Avenue NE
Ashton Avenue NE .
California Avenue NE
Channel Road NE
Charles Street NE
Cheri Circle NE
Cheri Lane NE
East River Road Service I?rive NE
Hickory Drive NE
Horizon Drive NE
Hwy 65 East Service Drive NE
Hwy 47 East Service Drive NE
Hwy 65 West Service Drive NE
Island Park Drive NE
Jupiter Drive NE
Lucia Lane NE
Madison Sireet NE
Mississippi Place
Onondaga Street NE
Pierce Street NE
Riverview Terrace NE
Satellite Lane NE
Siverts Lane NE
Starlite Boulevard NE
Sylvan Lane NE
Report on Feasibility
City of Fridley
571/2 Avenue to 58�' Avenue
45�` Avenue to 46�' Avenue
California Avenue to Main Street
180' E. of 3'� St to 163' W of 3� Street
7�' Street to Madison Street
4�' Street to 5�' Street
2� Street and 21h Street
East River Road to Ashton Avenue
East River Road to Ashton Avenue
Riverview Terrace to East River Road
Riverview Terrace to East River Road
East River Road to Ashton Avenue
Hwy 65 Service Drive East to Channel Road
Hwy 65 Service Drive East to Lucia Lane
Hickory Drive to approx 450' North
Mississippi Way to 61�` Way
40'/2 Avenue to Approxi.mately 300' South
68�' Avenue to Approximately 300' North
Anna Avenue to East River Road
Cheri Lane to Approximately 200' South
7'� Street to Approximately 1500' East
79�' Way to Liberly Street
East River Road to 70�' Way
Main Street to Approximately 300' East
68�' Pla,ce to 68�' Avenue
53`a Avenue to Approxixnately 600' North
West Moore Lake Drive to 64�' Avenue
Anna Avenue to East River Road
Sylvan Lane to Mercury Drive
68'� Place to Approximately 200' South
Cheri Lane to 53'h Avenue
Riverview Terrace to East River Road
Centrat Avenue to Hayes Str�et
Mississippi Street to 66'� Avenue
63'/Z Way to Alden Way
Mercury Drive to Hwy 47
69"' Avenue to Approximately 604' South
Sylvan Lane to Satellite Lane
Jupiter Drive to Hwy 47
Page 3
Back�round
This proposed project is part of the City of Fridley's Accelera.ted Street Reconstruction
Program, wluch is planned to reconstruct the following length of local stxeets to bring
them up to the City's Minunum Standards.
• 2006: 3.80 miles (complete)
• 2007: 3.70 miles (complete)
• 2008: 4.28 miles
The proposed street segments were generally constructed in the 1950's and 1460's along
with the sanitary sewer, storm sewer and water main. Routine maintena.nce techniques
such as seal coating, pothole repair, and crack sealing ha.ve been performed on the
pavement.
Soil borings were performed throughout the project area in June of 2007. From these
borings, a detennination of soil conditians under the project is mad.e. The borings
indicate that the project's subgrade soils aze primary fine to medium sands. These are
materials that are prefera.ble to construct street on. To assure adequate lifespan of the
pavement and base, City staff will review the soil condition during construction activities
and make soil corrections as needed. Soil correction activities would include such work
as removal of organic or fine-grained (e.g. clay) soils.
The study area relies upon the boulevazds to transport runoff to the streets. Once in the
streets, runoff must flow to the nearest storm sewer irilet, and in some cases that distance
is greater than allowable with existing profile grades. The drainage needs of the study
area are generally satisfied with the existing storm sewer pipe network, bituminous valley
gutters, and longitudinal street slopes. While the storm water travels a considerable
distance, the longitudinal slopes of the streets generally allow runofF to reach those inlets.
Staff will continue to evaluate drainage improvements during the final design phase.
Report on Feasibility
City of Fridley Page 4
Proposed Im�rovements
The report on feasibility recommends the following improvements in the project area:
• Recycle the existing bituminous street surfacing and the aggregate base course
material beneath it for reuse as a supplement to the imported aggregate base
material in the proposed. pavement section.
• Excavate the remaining aggregate base course material and subgrade soils to
accommodate the proposed pavement section.
• A portion of the subgrade soils excavated to make room for the proposed
pavement section will be placed on ballfields Numbers 3 and 4 at Commwuty
Pazk. Placing this subgrade soil will improve the drainage of runoff from these
fields.
• Install new concrete curb and gutter along streets where none exists today.
• Place 4-inches of recycled aggregate/bituminous material under 3-inches of
i.mported aggregate base course material.
• Adjust some of the longitudi.nal street slopes to improve the movement of runoff
to the storm sewer neiwork.
• Pave the streets with new bituminous street surfacing.
The following utility improvements are included in the feasibility report:
• Spot sanitary sewer repairs based on investigations underway by City staff.
• Spot relocations of water main and fire hydrants based on proposed street
alignments.
. Take advantage of opportunity afforded by street reconstruction and coordinate
natural gas main and service pipe reconstruction with CenterPoint Energy.
Report on Feasibility
City of Fridley P�� 5
Estimated Costs
The preliminary estimated cost for the entire project is $3,658,000 broken out as follows:
Component
Street Reconstruction
Sanitary Sewer Repairs
Storm Sewer Extensions
Storm Water Managementl
Water Main & Fire Hydrant Repair/Relocates
Community Park Ballfields
Surveying, Material Testing, Design2
TOTAL �
Estimated Cost
$ 2,933,000
$ 30,000
$ 217,000
$ 200,000
$ 100,000
$ 75,000
$ 103,000
$ 3,658,000
Fundin� Sources
The Project will be paid for using a variety of funding sources. The funding sources aze
as follows:
Funding Source
Special Assessments3
Street Capital Improvement Fund
MSAS Funds
Sanitary Sewer Fund
Storm Sewer Fund
Water Fund
Park Fund
TOTAL
Fundin� Amount
$ 600,000
$ 2,311,000
$ 325,000
$ 30,000
$ 217,000
$ 100,000
$ 75,000
$ 3,658,000
Benefiting properties adjacent to the project will be assessed. Residential properties sha11
be assessed per foot of lot width on their address side. The lot width shall be measured at
the 35-foot building setback line. Applying the assessment method approved by the
Fridley City Council on recent projects, the Engineering Department estimates that the
assessment rate shall not exceed $27.0(} per foot af lot width. The aot-to-exceed per foot
of lot width rate is inflated to further account for contingencies and possible increases in
costs between now and the bid opening next year.
The mock assessment roll shown in the Appendi�c estunates that assessments will
generate approxima.tely $600,000 at the not-to-exceed ra.te of $27.00 per foot of lot width.
' Includes contingency for Stormwater Management required by watershed agencies.
Z To minimize costs for this lazgest of the Accelerated Street Reconstruction Program projects, the Design
and Survey for the project are being completed by City of Fridley Engineering staffto provide an estimated
outlay savings of $150,�000.
3 Anticipated reductions of �$60,000 included.
Report on Feasibility
City of Fridley � Page 5
Summarv
The proposed 2008 Neighborhood Street Reconstruction Project fits within the 2008
Accelerated Capital Improvement Plan. The referenced streets are becomi.ng a
maintenance burden to City crews and are beyond their usefui service life. The
Engineering Department has determined that the project is cost effective, necessary and
feasible. It recommends the City Council approve this project and ca11 a public
improvement hearing on the proposed improvements.
Report on Feasibility
City of Fridley Page 7
A��endix
Street Project Location Maps
Opinion of Probable Cost
Assessment Calculator
Mock Assessment Roll
Report on Feasibility
City of Fridley Pa$e g
2008 Street Improvement Pro iect
Northwest: �
HICKORY ST.
ASF?TON AVE.
EA5T RNER RA SERVICE RD.
�_:�
_ 1 2 WAY �
83RD WAY
�3 1�2 WAY �
64TH WAY
ASHTON AVE. �
CHARLES ST.
ISLAND PARK DR. '�
dUPITEP DR.
A�ISSISSIPPI �J,.
P,IVERVIEW Ti?i'..
SATELLITE ?`-
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Southcentral:
54TH AVE.
55TH AVE.
CHERI CIR.
CHERI LN.
}�. 47 E. SER. RD.
HORIZON DR.
MADISON ST.
3RD ST•
45TH AVE.
40 1/2 AVE.
CALiFORNIA AVE
Northeast:
ONONDAGA ST.
68TH AVE.
68TH PLACE
LUCIA LN.
PIERCE ST.
SIVERTS LN.
HWY. 65 WEST SERVICE RD.
LEGEND
AREA OFPROPOSED
CONSTRUCTION
- PROPOSED STREETS
2008 Street m provem en t Pro iect
Northwest:
HICKORY ST.
ASHTON AVE.
EAST RIVER RD
' � � , � �„e � :"� < I ' �� �g,...! �I qI \\� C",;' I,� � � i:
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LEGEND
AREA OF PROPOSED
CONSTRUCTION
- PROPOSED STREETS
2008 Street m provem en t Pro iect
+;2 WAY
€i2 1 �2 WAY
6�3RD WAY
�>3 lf2 WAY
ti,i4TH WAY
ASHTON AVF..
f'HARLES ST.
I.SLAND PARK DR.
.JUPITER DR.
�tISSISSIPPI PL.
[ZIVERVIEW T4 "
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LEGEND
AREA OF PROPOSED
CONSTRUCTION
PROPOSED STREETS
2008 Street m�rovem en t Pro iect
LEGEND
AREA OF PROPOSED
CONSTRUCTION
- PROPOSED STREETS
Northeast:
ONONDAGA ST.
68TH AVE.
68TH PLACE
LUCIA LN.
PIERCE ST.
SIVERTS LN.
HWY. 65 WEST SERVICE RD.
2008 Street m provem en t Pro iect
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CITY OF FRIDLEY
2008 NEIGHBORHOOD STREET IMPROVEMENTS PROJECT
ENGINEERS ESTIMATE
CITY PROJECT NUMBER: ST2008-1
total 5 3,123,038.97
total , S 167,105.00
53,290,143.97
CITY OF FRIDLEY
2008 NEIGHBORHOOD STREET IMPROVEMENTS PROJECT
ASSESSMENT CALCULATOR
CITY PROJECT NUMBER: ST2008-1
10/17/2007
Rev.11/14/2007
ITEM
Traffic Control
Remove C8�G
Remove Bituminous pavement
Common Excavation
Subgrade Exc.
Subgrade Prep
Aggregate Base
Concrete C8�G
Topsoil
Soddinq
Total Assessable Footage on Project
TOTAL COST % APPLIED
$ 54,000.00 12.50%
$ 9,000.00 12.50%
$ 40,374.00 100.00%
$ 96,823.05 6.25%
$ 264,635.96 12.50%
$ 40,567.40 12.50%
$ 85,216.78 12.50%
$ 261,048.38 12.50%
$ 397,824.00 100.00%
$ 71,664.83 50.00%
$ 154,200.67 50.00%
Const Cost
4% Construction Staking
1 % Legal, Printings, & Mailings
Estimated Assessed Cost per Foot is
Total Estimated Project Cost
6 APPLIED
$ 6,750.00
$ 1,125.00
$ 40,374.00
$ 6,051.44
$ 33,079.50
$ 5,070.93
$ 10,652.10
$ 32,631.05
$ 397,824.00
$ 35,832.42
$ 77,100.34
25399 LF
$26.73
$672,350.39
$6,464.91
$678,815.29
�
Note: The total above includes approximately $75,000 in railroad assessments.
' i
FRIDLEY, MINNESOTA
2008 NEIGHBORHOOD STREET IMPROVEMENT PROJECT
MOCK ASSESSMENT ROLL .
CITY PROJECT NO. ST2008-1
October 9, 2007
J:\Engineer\Projects�2008\ST2008-1 Street Improvement Projectlassessment\OLD\[test roll3.xls]Labei
Revised:
PIN �Property No�Properly Street �City �State �Zip � Footage (1)
343024430014 'FRIDLEY �MN ` 55432;
: , . �.
ne , � �.� �� ��. _ � _� _ _ ._..
343024410030 `4020 MAIN ST FRIDLEY �MN 55432
_. ._ .__.. �._� �.� ._____. .. ....__ _._�.__., ..��.__. __�.
��.... _ ..
343024410026 ;4021 ,CALIFORNIA ST �FRIDLEY �MN � 55432� 101.5
,._.__ e.�__��_e_...� �� ._.,_�..... � __.�__ ___,.. ._ __�..
343024410025 }10 40 1/2 AVE FRIDLEY <MN 55432 115
343024410024 '4030 �MAIN ST 'FRIDLEY £MN ' 55432�
.._____. __.�_. _ _.. .� .�___�..___._. � �. ._.m._ �_.,__..... ..�..._____
.___� � a _._.
343024410007 � � FRIDLEY `MN = 55432
�..�..., �,e _ .�...s_n. . n �. ,.,,�€ ,. .e. � . _._ .�__ . ._ . _. �__ _. _..� � a.. �._�..�. .�..e _. _., _. t . _...._. �_, _.. . . _.........�. ._, _ _
343024410006 ` � FRIDLEY �MN_ __ � _ 55432 _
.._. �
343024410005 �4036 �MAIN ST� �FRIDLEY �MN � 55432�
...
343024410004 '4042 �MAIN ST 3FRIDLEY �MN � 55432
.� . � .�„
�_ _ _ _ �
263024330092 i4506 =3RD ST FRIDLEY MN � 55432; 75
, �� ._..,._ � _.._. � __.. __�e.
����.���...�,.��.�,�� ��b_� .�._ a_ ..�_�._. ___
� �.r ._, w
263024330091 '4514 ,3RD ST `FRIDLEY =MN = 55432e 75
. .. ................ . . ......k_., _._.._._. .... ___._ ._... . _. _ .
263024330090 4526 �3RD ST roFRIDLEY €MN ; 55432 75
_._4 . ._._ _ _ . . . _ a . ._
_ _ .__
__... _�.. �_.. ._ .�.,�� . _ _. _ . ;
263024330089 , 4538 3RD ST ;FRIDLEY ;MN ! 55432 75
_ _.__�...._.. .. _. ,... . _.._...... �_ _ ..� _� .. _._.
_ ,.. . A..,.. � : ,
263024330088 � 4544 �3RD ST ,FRIDLEY =MN � _55432• 75
_.._ ��._ _ � _ _.� a
263024330087 �4560 3RD ST FRIDLEY ;MN � 55432E 75
_ _ _._ , , _..
263024330086 �4590 �3RD ST� 'FRIDLEY �MN � 55432 74 85
�.. _ __._. �
263024330085 4595 _,'3RD ST � �FRIDLEY MN 55432� 105 1
� �� �. _. .�m
263024330084 4575 ,_ _�3RD ST �FRIDLEY ;MN 55432 80
. . . . _ _ ._.
263024330083 4565 �3RD ST FRIDLEY €MN ' 55432; 65
�.. � � _. ..�..� __.� �__�. . �.,..�. . __. �_..._. _ � __._, � . . � ....._, . � ... . �. . �. . _�_� .�,..v n . � € .... _ _ . __ .. _ . _r .
263024330082 4555 � �
_ . ___ �m _r , _, , _ __ ;3RD ST �FRIDLEY ':MN ` 55432� 135
� _.. � , . _. . � . ._ _ _ _ . . �.
263024330081 4537 �3RD ST �FRIDLEY MN ' 55432 80
�� .._,� � �._ _ � _ _ � _ g _ _. . _..
263024330080 �4519 �3RD ST FRIDLEY MN 55432 80
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CffY OF
FRIaLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 19, 2007
November 14, 2007
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Rezoning Request, ZOA #07-02, by Timothy Nelson
INTRODUCTION
Timothy Nelson, who is representing Main Street
Properties, LLC, is requesting to rezone the property on
the southwest corner of 61 St Avenue and Main Street, from
M-4, Manufacturing Only to M-2, Heavy Industrial.
The petitioner has submitted a site plan for the subject
property which depicts two industrial buildings. The
building on the north section of the lots is proposed to be
47,653 square feet. The building on the south section of
the lots is proposed to be 102,907 square feet in size.
The petitioner hasn't identified to staff if the there is a user
for the buildings or what the building will be used for;
however both of the buildings appear to be typed for
warehouse.
M-07-36
Cross-hatched area proposed to be
rezoned
In 1997, the City of Fridley changed the zoning of the subject parcels from M-2, Heavy Industrial
to M-4, Manufacturing Only. Part of the purpose of the rezoning was to assure that the
remaining industrial parcels in the City were preserved for manufacturing, thereby protecting
surrounding neighborhoods and roadways from heavy truck traffic, which is common to
industrial warehouse developments. They were also rezoned to help assure compatibility with
the surrounding neighborhood.
The 1997 stated goals emphasize why the subject property was rezoned and those goals still
apply today as it relates to the property. Preserving those remaining, M-4, manufacturing only,
parcels is essential for the City to allow for economic development. Warehouse/distribution
facilities provide few opportunities to maximize job creation and building valuation. The building
construction is very simple (a "big box") and tends to have a lower valuation than a
manufacturing use which has a more complex building system with office space, manufacturing
and processing areas, services areas for employees and storage areas.
The existing M-1, Light Industrial and M-2, Heavy Industrial zoning districts allow for warehouse
buildings, which the City already has an abundance of. The petitioner is proposing to construct
two typical "big box" type office/warehouse buildings; which wouldn't achieve the goals the City
strived to reach in rezoning the property in 1997. Building height, the number of dock doors for
trucking and the overall building layout demonstrate a desire on the petitioner's part to construct
a multi-tenant warehouse facility. It is important for the City to find a healthy balance between
economic development and minimizing the impacts industrial developments have on adjacent
residential properties. Since, the subject property is adjacent to residential to the north and
east, it is vital to ensure that the new use is compatible with the neighborhood and meets the
needs of the City.
PLANNING COMMISSION RECOMMENDATION
At the September 19, 2007, Planning Commission meeting, a public hearing was held for ZOA
#07-02. After a brief discussion, the Planning Commission recommended denial of rezoning
request, ZOA #07-02.
THE MOTION CARRIED ON A 4 TO 1 VOTE.
COUNCIL REVIEW
At their October 8, 2007 meeting, Council held its public hearing item, but held the hearing open
until November 5, 2007 for staff to review the new materials (including a Benshoof traffic study,
value assertions, and zoning map questions).Since November 5, and from their analysis, staff
determined the following, as it relates to answers to 1997 and current goals and concerns:
• Goal #1, To reduce the impact of warehouse and distribution facilities on residential
properties and residential streets from truck traffic by first controlling the location of
these facilities in the City and by implementing site design controls.
Answer: The traffic study by the petitioner's consultant did not dispute that over 170 additional
daily trips would happen as a result of a warehouse use on this site. There was also no
contention from the City staff that at AM and PM peak times; traffic would be heavier potentially
with M-4, but over the period of a day a warehouse would produce more trips than a warehouse
use. There was also no evidence that these additional 170 plus trips would not be trucks, rather
than passenger vehicles. It has been staff's experience with existing warehouse industries
along Main Street that warehouse facilities generate truck traffic and have less employees/
passenger vehicles than manufacturers of the same building size. It is also staff's experience
that truck traffic through residential districts creates conflict where residential and truck intensive
industrial uses exist.
• Goal #2, To encourage uses which provide a significant amount ofjob opportunities
which require more complex building systems. Buildings with a mixture of uses tend to
have higher building valuation than warehouse construction.
Answer: The petitioner's data on building values was not persuasive in its contention that
warehouse buildings are actually higher value, or at least equal in value to manufacturing
buildings. The Assessors values on Fridley industrial buildings show higher values in
manufacturing or "flex' buildings, than in warehouse buildings. Also, warehousing experience
shows that a warehouse complex of 150,000 s.f. will employ far fewer people, than a
manufacturing complex of the same size.
• Goal #3, To promote clean uses which do not produce fumes, odors, or require outside
operations which may cause noise.
Answer: State Building Codes and the Minnesota Pollution Control Agency (MPCA) protect the
City generally and neighbors to industry from construction types that would detrimentally impact
those neighbors. In other words, manufacturing entities can no longer be built with smoke
stacks or other devices that allow the release of fumes or odors detrimental to those around
them. Noise is also controlled by nuisance statutes and local regulation. Beyond the building's
construction however, things like trucks idling, diesel engines running all night awaiting an early
morning drop-off or pick-up at a warehouse, tow motors moving materials in open parking or
storage areas, pallets of materials being dropped, and the constant beep of trucks backing to
docks are all complaints that we have heard from neighbors near existing warehouse facilities
on Main Street. The petitioner has been silent on the topic of his proposed type of warehouse
uses and has produced no evidence that would prove his buildings will not contain warehouse
uses, which could be the source of similar complaints.
• Goal #4, To eliminate uses which require significant amounts of outdoor storage.
Answer: Though the City has visited the topic of outdoor storage and has become more
generous, since the inception of the M-4 zoning district, (industrial district properties can now
have up to 50% of the footprint of the principle building in outdoor storage). This allotment does
not allow for the storage or continuous presence of semi-trucks, trailers, etc. The City created
an M-3, Outdoor Intensive Industrial district in 1993 for this type of industry. In this petition for
rezoning, the petitioner has not provided information that would suggest what types of
warehouse users might occupy the buildings. Without that information, the City can only assume
that the more truck intensive occupants may occupy this building, which would leave the
presence of large commercial vehicles, semi-truck and trailers as an on-going outdoor vehicle
storage issue.
PLANNING STAFF RECOMMENDATION
Since the petitioner has been unable to successfully disprove the presence of conflicts between
the proposed project and the City's intended goals of the M-4 rezoning in 1997, staff
recommends concurrence with the Planning Commission and that the City Council deny
rezoning request, ZOA #07-02. A resolution of denial with an embedded finding of fact has been
attached for your consideration.
STIPULATIONS
City staff recommends denial; however, if the City Council elects to approve the rezoning, staff
recommends that the following stipulations be attached. (An ordinance has also been included
in the packet to accompany a rezoning to M-2, if Council elects to do so.)
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall pay for the plan review portion of the building permit fee at the time
of building permit application.
3. Petitioner to meet all Building and Fire Code and ADA requirements.
4. Petitioner shall submit plans to Anoka County Highway Department and receive their
approval on access and any work done within the county right-of-way.
5. The petitioner shall submit a drainage plan and receive City engineering staff approval
prior to issuance of a building permit.
6. Petitioner shall ensure that ponding area meets size requirements for the proposed
development.
7. Petitioner shall identify ponding area and provide easements for storm water run-off and
management.
8. Petitioner shall ensure that the proposed development meets the Watershed District
regulations.
9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
10. Petitioner shall pay all water and sewer connection fees prior to issuance of a building
permit.
11. The petitioner shall be responsible for the cost of any traffic improvements necessary to
accommodate the traffic generated by the development including signalization or other
improvements, if determined necessary byAnoka County or the City.
12. Petitioner shall combine the three parcels into one parcel prior to issuance of a building
permit.
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA
BY MAKING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley and
described as:
3 Vacant Parcels, aenerallv located on the southwest corner of 61St Avenue and
Main Street NE
All of Lot 6, Auditor's Subdivision No. 78, City of Fridley, Anoka County, Minnesota,
excepting the South 200.0 feet of the East 363.0 feet thereof, as measured along the
East and South lines of said Lot 6; and excepting the West 13 feet of the East 376 feet
of the South 200 feet of Lot 6, Auditor's Subdivision No. 78, as measured along the East
and South lines of Lot 6.
ALSO, that portion of Lot 8, Auditor's Subdivision No. 78, City of Fridley, Anoka County,
Minnesota, described as follows:
Commencing at the intersection of the West right-of-way line of Main Street, according
to the recorded plat thereof, and the North line of said Block 8; thence Southerly along
said West right-of-way line a distance of 30.0 feet to the True Point of Beginning of the
parcel to be described; thence continuing Southerly along said West right-of-way line to
the point of intersection with the South line of said Lot 8; thence Westerly along said
South line of Lot 8 to the point of intersection with a line drawn parallel with and distant
75.0 feet Easterly of, as measured at right angles to, Burlington Northern Railroad
Company's (formerly Great Northern Railway Company's) hereinafter described Main
Track centerline; thence Northerly parallel with said Main Track centerline to the point of
intersection with said North line of Lot 8; thence Easterly along said North line a
distance of 143.85 feet; thence Southerly parallel with said East line of Lot 8 a distance
of 30.0 feet; thence Easterly parallel with said North line of Lot 8 to the True Point of
Beginning;
ALSO, that portion described in Torrens Certificate No. 84003 as follows:
All that part of the Northeast Quarter (NE1/4) of the Northeast quarter (NE1/4) of
Section 22, Township 30, Range 24, lying Easterly of the Northern Pacific Railway
Company's right-of-way, lying South of a line which is parallel with the North line of said
Northeast quarter (NE1/4) of the Northeast quarter (NE1/4), and 290.4 feet South of
said North line as measured along the East line of said Northeast quarter of Northeast
quarter (NE1/4); and lying North of a line which is parallel with the South line of said
Northeast quarter (NE1/4) of Northeast quarter (NE1/4) and 739.2 feet North of said
South line as measured along said East line.
Main Track Centerline Description
Commencing at the Northeast corner of Section 22, T30N, R24W of the 4`h P.M., Anoka
County, Minnesota; thence Westerly along the North line of said Section 22 a distance
of 633.5 feet to the True Point of Beginning of the Main Track centerline to be
described; thence Southerly, deflecting 86 35' to the left, to the point of intersection with
the South line of the NE1/4 NE1/4 of said Section 22 and there terminating.
Is hereby designated to be in the Zoned District M-2 (Heavy Industrial).
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 M-4
(Manufacturing Only) to M-2 (Heavy Industrial).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF ,
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: October 8, 2007
First Reading:
Second Reading:
Publication:
RESOLUTION NO.
RESOLUTION DENYING REZONING, ZOA #07-02, BY TIMOTHY NELSON, TO
REZONE THREE SEPARATE PARCELS OF LAND FROM M-4, MANUFACTURING
ONLY TO M-2, HEAVY INDUSTRIAL, GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF 61ST AVENUE AND MAIN STREET NE.
WHEREAS, the Planning Commission held a public hearing on September 19, 2007, and
recommended denial of said rezoning; and
WHEREAS, the City Council held open the public hearing on October 8, 2007 and;
WEHERAS, the City Council continued the public hearing on November 5, 2007 and;
WHEREAS, the City Council denied the rezoning at their November 5, 2007, meeting, based on
the following Findings of Fact:
Rezoning the property from an M-4, Manufacturing Only to M-2, Heavy Industrial will go
against the reasons for creation of the M-4, Manufacturing Only zoning district: The purpose of
creating the M-4, Manufacturing Only zoning were:
1. To reduce the impact of warehouse and distribution facilities on residential properties
and residential streets from truck traffic by first controlling the location of these
facilities in the City and by implementing site design controls.
2. To encourage uses which provide a significant amount of job opportunities which
require more complex building systems. Buildings with a mixture of uses tend to
have higher building valuation than warehouse construction.
3. To promote clean uses which do not produce fumes, odors, or require outside
operations which may cause noise.
4. To eliminate uses which require significant amounts of outdoor storage.
NOW, THEREFORE, BE IT RESOLVED, that based on the reasons listed in the Findings of
Fact, the City Council denies Rezoning Request, ZOA #07-02, by Timothy Nelson.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
19t'' DAY OF NOVEMBER 2007.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 19, 2007
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FRIDLEY
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