07/13/2009 - 4546�
� CITY COUNCIL MEETING OF JULY 13, 2009
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FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard
to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids should
contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Sarah Lackore, Community Outreach Coordinator
Big Brothers Big Sisters of the Greater Twin Cities
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of June 22, 2009
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 101,
Animal Control, of the Fridley City Code Pertaining
to Prohibition of Waterfowl Feeding ...................................................................... 1- 3
NEW BUSINESS:
2. Special Use Permit Request, SP #09-06,
by Altare Signs, Inc., for Speedway Super
America, LLC, to Allow a Free-Standing
Automatic Changeable LED Gas Pricing
Sign, Generally Located at 7299 Highway
65 N. E. (Ward 2) ................................................................................................... 4- 7
FRIDLEY CITY COUNCIL MEETING OF JULY 13, 2009 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Approve Extension for Variance Request,
VAR #08-05, by Jay Thorson of Daily
Companies, on Behalf of Miller Funeral Home,
to Reduce the Side Yard Setback on the North
Side of the Building from 15 Feet to 3.7 Feet
to Allow an Expansion of the Existing Garage; and
to Increase the Encroachment of a Canopy into the
Required Side Yard from 3 Feet to 7 Feet, Generally
Located at 6210 Highway 65 N.E. (Ward 2) .......................................................... 8
4. Resolution Calling for a Public Hearing on
Modifications to the Redevelopment Plan
for Redevelopment Project No. 1 and the
Tax Increment Financing Plans for Tax
Increment Finance Districts Nos. 1, 6-7,
9, 11-14 and 16-19, Creation of Tax Increment
Financing District No. 20 and Approval and
Adoption of a Tax Increment Financing Plan
RelatingThereto ................................................................................................... 9 - 13
5. Approve Memorandum of Understanding for the
Edward Byrne Memorial Justice Assistance
Grant(JAG) ........................................................................................................... 14 - 23
6. Approve Change Order No. 2 for 85t" Avenue
Trail Project No. ST2007-4 .................................................................................... 24 - 25
7. Claims (142272 — 142542) .................................................................................... 26
8. Licenses ............................................................................................................. 27 - 34
9. Estimates ............................................................................................................. 35
FRIDLEY CITY COUNCIL MEETING OF JULY 13, 2009 PAGE 3
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARING:
10. Consideration of an Amendment to Chapter 7
of the Fridley City Charter ..................................................................................... 36 - 38
NEW BUSINESS:
11. First Reading of an Ordinance Amending
Section 7.02 of the Fridley City Charter ................................................................ 39 - 40
12. Informal Status Report .......................................................................................... 41
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
JUNE 22, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 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
Deb Skogen, City Clerk
PROCLAMATION:
Mayor Lund presented a Proclamation for Parks and Recreation Month — July, 2009, to Jack
Kirk, Director of Parks and Recreation.
LEGISLTIVE UPDATE:
Senator Satveer Chaudhary said there were going to be a lot of cuts to local governments and
the proposed unallotment analysis could result in funds being taken away from cities, which
could result in Fridley losing about $700,000.
Mayor Lund said they had thought the unallotment would be around $500,000 which was less
than what was expected. Next year the cuts could be $1 million.
Senator Chaudhary said people will be seeing tax increases on their properties. In an already
struggling housing market, property tax increases is not the way to go. This is something the
legislature was trying to avoid, an impact on property taxes.
Senator Chaudhary said deficits have been going on for a decade but nothing compares to what
will happen this year. Mercy Hospital will lose $10 million, Unity Hospital $4 to $5 million,
Hennepin County $100 million, and Regions Hospital $45 million. People who work but are not
eligible for any other healthcare and cannot afford the premiums have to decide what their values
are. The legislature is putting value on healthcare, education and public safety. One value
missing is home ownership; to stay in our homes. It is not possible to satisfy 100% of our
values, so a compromise needs to be made. $5.0 billion in cuts is not possible but $5 billion in
property tax increases could be on the rise.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 2
Senator Chaudhary said there should be a reduction or elimination of mandates. The burden of
essential services cannot be put on the property tax owners alone. More information will be
available next week when the final unallotments are made.
Mayor Lund commented that cities have very few opportunities to bring in revenues so cities
are forced to make budget cuts or to raise property taxes. In Fridley's case, there are limitations
as to raising property taxes with the Charter restriction.
Senator Chaudhary said if citizens are interested in the environment that is one gem that came
out of the session. This is one of the greatest injections of conservation programming in one
single year in the history of Minnesota. Funding will buy an entire forest, advance clean water
assessments far beyond what was ever expected and a new infusion of parks dollars, cultural
dollars and habitat monies were put forward. It was a privilege to be a part of that effort. The
energy stimulus is a huge help but it was smart for the Federal Government to focus on
weatherization.
Mayor Lund said it would be nice to see matching funds for the Springbrook Nature Center.
Senator Chaudhary said that he worked so hard for the entire state of Minnesota and
Springbrook Nature Center that the government should help fund the entire proposal.
Congressman Keith Ellison said that he tries to visit every city once a year to talk about what is
going on. He highlighted the following:
• A request has been submitted in a High Priority Transportation Proj ect from Big Lake
to St. Cloud, including a stop in Fridley. Congratulations on the Fridley stop. It
looks like things are coming along well. Appropriations for other High Priority
Transportation Projects include a transit way between Minneapolis and Anoka
suburbs and the Northstar expansion.
• The legislation hopes to create a National Infrastructure Bank to call for $5 billion per
year to leverage $625 billion for transit, roads, etc. This is how high speed trains are
financed in Europe. Our country is about a trillion in debt of unmet transportation
needs.
• A recent bill that was passed is the Credit Card Reform Bill. This will benefit people
because about half of Americans do not pay off the balance of their credit cards every
month. People carry balances of high numbers and in these tough times, people rely
on credit cards more and more. This bill provides more transparency and
accountability and would stop credit card companies from raising interest rates
without notice. The Federal Reserve has studied these issues and the process is
currently abusive to consumers.
• An Anti-Creditor Lending Bill has passed. This bill will help families save their
homes and includes a bill to protect tenants from being evicted when the landlord is
in foreclosure. It will also help people get into affordable viable mortgages.
• Another bill that is coming up is the Carbon Trade Bill. The American Clean Energy
Act of 2009 is a bill that will set limits on carbon emissions and the government will
take proceeds from carbon credits to energy projects and help lower income people
with increases in their energy bill. This will promote low carbon fuels, electric
vehicles, green building etc. This bill has not gone through the House or Senate.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 3
The Healthcare Bill has not been passed. There is an 800 page draft on the website.
This bill will affect our country in significant ways. Healthcare has increased over
time and is a big part of the budget. Everyone has healthcare nightmares; increases in
premiums, high deductibles, preexisting conditions, exclusions, etc. This bill is
designed to address those issues.
Congressman Ellison said he would love to hear from Council members on these issues, as it
will be affecting everyone. It is not possible to know what the pulse is in Fridley, so he is relying
on Council for input and hopes they can work together on these issues.
William Burns, City Manager, asked if there was going to be a Healthcare Bill.
Congressman Ellison said that the energy on Capital Hill is that there will be a healthcare bill.
He is 99% sure it will pass through the House. What will happen in the Senate is unknown. He
remains optimistic.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of June 8, 2009.
APPROVED.
NEW BUSINESS:
1. Approve Reappointment to Housing and Redevelopment Authority.
William Burns, City Manager, said Lawrence Commers, Housing & Redevelopment Authority,
would like to be appointed for another term ending June 9, 2014. Staff recommends Council's
approval.
APPROVED REAPPOINTMENT OF LAWRENCE COMMERS TO THE FRIDLEY
HOUSING & REDEVELOPMENT AUTHORITY.
2. Claims (142085 —142269).
APPROVED.
3. Licenses
Councilmember Bolkcom said that the list of licenses needed to be replaced with a new list that
was received.
APPROVED.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to adopt the Consent Agenda as presented. Seconded by
Councilmember Varichak.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Mark Ellingson, Fridley Covenant Church, asked for permission to place a 4' x 8' banner on his
property. He was looking for an exemption from the City Code which allows only one week a
year to display the banner. He said when he came to the church in 2004, the congregation was
down to 40 people. Over the last four years the size has tripled. One of the means of this
success is from the banners. Their banners are attractive and professionally made. Some of the
activities that would be promoted on the banner are carnivals, vacation bible school, a basement
sale and softball tournaments. He said the banners are not a nuisance and he would like Council
to consider allowing them to use banners three to four times a year instead of once. The banner
would be taken down when the event is over.
Mayor Lund asked what the City Code was for banners.
Scott Hickok, Community Development Manager, said commercial businesses are allowed two
events, 14 days each event. Churches are allowed a sign one time a year and the banner can be
displayed for a short period of time.
Mayor Lund said that Council would get back to Mr. Ellingson on this issue. He mentioned
that non-profits may use the City's billboard in front of the fire station to advertise events. If the
church was interested in utilizing the City sign, he recommended to book early because there is a
demand for the use of that because it is free advertising. The problem with this request is that if
an exception is made for one, the door is open for other organizations.
Judith Wall, 720 Rice Creek Terrace, said she is trying to get a variance on the City's three pet
per household ordinance. She understands the reason for the ordinance is to limit people from
having a lot of animals. Her animals have been spayed or neutered and are members of her
family. She has three dogs and five cats. Two of the cats are her granddaughter's and her son
moved in a year ago and brought two dogs and two cats.
Mayor Lund asked if an officer came to visit because people were complaining.
Ms. Wall said a neighbor saw one of her cats go through their yard.
Mayor Lund said if she has eight pets, she is in violation of the City Code.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 5
Ms. Wall said she understood that an appeal could be made. She said there are no other options
available because there are no relatives to help her. She has been trying for three weeks to find
homes for these pets. No-kill shelters have a lot of animals and no shelters will take the cats.
Mayor Lund asked if she was aware of the ordinance regarding dog licensing.
Ms. Wall said she was not aware of licensing.
Mayor Lund said if some of the animals are her son's, that is his problem.
Ms. Wall said if the police take the animals, they will go to the Humane Society and they will be
killed.
Mayor Lund said Council will look at what options are available and get back to Ms. Wall.
Councilmember Bolkcom said Ms. Wall needs to go to court on the 24tn
Ms. Wall said that the summons is in her son's name.
Mayor Lund said if a summons was falsely given, she needs to speak to a judge. Mention two
dogs are your son's. The fine will need to be paid or the ticket will need to be fought in court.
Once a ticket is issued, Council cannot take the ticket away.
Councilmember Bolkcom asked staff to contact Ms. Wall.
William Burns, City Manager, said he would have someone contact her.
Mayor Lund suggested Ms. Wall to look into getting a dog/cat kennel license.
PUBLIC HEARINGS:
4. Consideration of a 3.2% Malt Liquor License Application and a Wine License
Application for Joginder Cheema of India Express, Inc., d/b/a India House, Located at
765 — 53rd Avenue N.E. (Ward 1)
MOTION by Councilmember Saefke to waive the reading of the public hearing notice and open
the public hearing. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED AND THE PUBLIC HEARING OPENED AT 8:25 P.M.
Debra Skogen, City Clerk, said the building is located at 765 53rd Avenue NE. It was
previously a shoe store or small grocery store. She said that Mr. Joginder Cheema is the
applicant. The building is being leased to India House for a period of five years, with two
additional periods of five-year terms.
Ms. Skogen said the notice of the Public Hearing was published in the Fridley Sun-Focus on
June 11, 2009. Mr. Cheema has paid all required license fees and has been working with Anoka
County officials and City staff to remodel and create a restaurant facility that serves up to 96
people.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 6
Ms. Skogen said Mr. Cheema is at the meeting to answer any questions Council may have. Staff
recommends holding the public hearing.
Councilmember Saefke asked if Mr. Cheema was aware of the liquor/food ratio.
Ms. Skogen said he is aware but with wine it is slightly different; 60% food rather than 40%
food.
Shashi Gupta, friend of Mr. Cheema, said she has known Mr. .Cheema since 1996 and has been
in Minnesota since 1993. Mr. Cheema has opened many restaurants in the Twin Cities. The
India House in Minneapolis just opened in February on Grand Avenue. Mr. Cheema is well
respected in the Indian community for his generosity.
Mayor Lund asked how many restaurants are still surviving.
Joginder Cheema, India Express, said he had five restaurants and three are currently operating.
Mayor Lund asked what the seating capacity was for the restaurant.
Mr. Cheema said 96. He added that they will serve a luncheon buffet from 11:00 a.m. unti12:30
p.m. and dinner from 5:00 p.m. until 10:00 p.m.
MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Barnette.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:31 P.M.
5. Consideration of an On-Sale Intoxication Liquor License Application for James A.
Nicklow, Shorewood, Inc., d/b/a Shorewood Restaurant, Located at 6161 Highway 65
N.E.
MOTION by Councilmember Varichak to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED AND THE PUBLIC HEARING OPENED AT 8:32 P.M.
Debra Skogen, City Clerk, said the building located at 6161 Highway 65 has been re-acquired
by James Nicklow as a result of the Fridley Crab House closing last fall. Mr. Nicklow is the
applicant and he plans to reopen the establishment as the Shorewood Restaurant in Fridley.
Ms. Skogen said the public hearing notice was published in the Fridley Sun-Focus on June 11,
2009. Mr. Nicklow has paid all required license fees. Mr. Nicklow has been working with
Anoka County officials and City staff to clean-up and upgrade the facility as required.
Ms. Skogen said final approval of the license will be scheduled for July 13, 2009; however the
license will not be issued until the restaurant has received final approval from Anoka County
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 7
Environmental Health and the City Inspector. Mr. Nicklow is in attendance this evening to
answer any questions Council may. Staff recommends holding the public hearing.
Councilmember Bolkcom asked for clarification of the ratio for intoxicating beverages.
Ms. Skogen said 40% gross sales food and 60% liquor.
Councilmember Bolkcom asked if they were applying for a 2:00 a.m. license or an outdoor
patio.
Ms. Skogen said no but there was one in the past.
Mayor Lund said he was looking forward to having another restaurant in Fridley.
Gary Zechmeister, partner in the project, said he has known the family for over 30 years and
has done many projects with refurbishing. In this case, Mr. Nicklow took the restaurant back
and is interested in opening it. When Mr. Nicklow bought the building back, it was in tough
shape and they put together the necessary information for Anoka County. Mr. Nicklow's
intention is to offer a nice supper club. The kitchen is being reworked to the menu needs. The
interior will have new wall finishes, carpeting, furniture, fixtures, booths and tables. This will
look like a fresh new facility. The outside will be painted and a new sign will be installed. The
restaurant will have a great spot by the lake. The floor plan is very similar to what it was. The
restaurant will be locally owned and locally ran. The building will also be brought up to code
with fire protection.
Councilmember Saefke asked if a grease trap was installed in the kitchen.
Mr. Zechmeister said yes, that is part of the renovation.
Councilmember Varichak asked if anything would be done with the parking lot because there
are some pot holes and it could be restriped.
Mr. Zechmeister said that the area where people enter will be addressed. To date, the parking
lot has not been addressed but the landscaping has. Lighting and parking will be addressed
eventually but they are starting on the inside and working their way out.
Councilmember Varichak asked about the entrance from Highway 65 and if it would remain
open. She recalls a conversation of closing off entrances from Highway 65.
Scott Hickok, Community Development Director, said that is planned at some point in the future
when funding is available. The State would eliminate access into that parking lot. Access would
still be there but the location would be from existing drive at East Moore Lake Drive.
Councilmember Bolkcom asked if Mr. Nicklow was aware of the food to liquor ratio. She also
asked if they would be open unti12:00 a.m.
Mr. Nicklow said his ratio currently runs 50/50, so it should not be an issue. He said he has not
decided if he would be open unti12:00 a.m. or not.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 8
Ms. Skogen said the application was checked for the 2:00 a.m. time, and he would have to apply
for the state license.
MOTION by Councilmember Varichak to close the public hearing. Seconded by
Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:46 P.M.
OLD BUSINESS
6. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #09-01,
by Premier Central 65 Partners, to Rezone from M-2, Heavy Industrial, to R-3, General
Multiple Units, Generally Located at 7011 University Avenue N.E.) (Ward 1)
Scott Hickok, Community Development Director, said Jim Winkels of Amcon Construction, on
behalf of the petitioner, Premier Central 65 Partners, is requesting a Rezoning, ZOA #09-01. The
current zoning of the subject property is M-2, Heavy Industrial. The petitioner is seeking to
rezone the property to R-3, Multi-Family.
Mr. Hickok said at the June 8, 2009, City Council meeting, the first reading of the ordinance for
rezoning, ZOA #09-01, was held. At the May 18, 2009, City Council meeting, a public hearing
was held, and a public hearing was also held at the May 6, 2009, Planning Commission meeting.
After receiving public comment and a brief discussion, the Planning Commission recommended
approval of Rezoning Request, ZOA #09-01. The motion carried unanimously.
Mr. Hickok said City staff recommends Council hold the second and final reading of this
ordinance for the approval of Rezoning Request, ZOA #09-01.
Councilmember Barnette said he lives south of the project and one of the concerns in the
neighborhood is parking on the street on 69th Avenue. He asked if there was an agreement that
the parking lot could be used for park parking and if there was any way signage could encourage
people to park in that lot.
Mr. Hickok said there is no way to predict if people will park on 69th Avenue, but from a design
perspective, the developer has done a good j ob working with staff to develop a way for people to
park there and take a pathway to the park This is a new and exciting development and it will be
easy to get to the park from the parking lot. The ease of the design should encourage people to
park there.
Mayor Lund said the desire would be to put signage on 69th Avenue to tell people to park in the
parking lot, but did not know if there were any restrictions on the use of the parking lot.
Mr. Hickok said that things can be worked out in the development agreements. The signage is
outside of his department, however. Jack Kirk and Jim Kosluchar will need to be approached
about that request as signage on the street generally is handled through the Public Works
Department.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 9
Mayor Lund said that he hopes that becomes part of the discussion of the agreements. There is
some signage there now but it is just informational signage. He does not want to overly
encourage using the parking lot as it is intended for medical clinic parking during business hours.
The park is used in the early evening when the medical clinic should be downsizing on the need
for parking. Signage would be a good way to get people used to parking there.
Councilmember Bolkcom asked who would pay for the signage.
Councilmember Barnette asked if people who were parked illegally would be ticketed. This
would not be a developer's issue because it is a City issue. It would be nice to allow parking.
He added that he did not think the developer would be responsible to pay for the signage.
MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance
No. 1298 on second reading and order publication. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
NEW BUSINESS
7. Preliminary Plat Request, P.S. #09-02, by Premier Central 65 Partners, to Allow the
Creation of Two Lots from One Lot, Generally Located at 7011 University Avenue N.E.
(Ward 1).
8. Special Use Permit Request, SP #09-03, by Premier Central 65 Partners, to Allow the
Construction of a Medical Clinic on the South Half of the Subject Property Within an
R-3, Multi-Family Zoning District, Generally Located at 7011 University Avenue N.E.
(Ward 1).
9. Special Use Permit Request, SP #09-04, by Premier Central 65 Partners, to Allow the
Construction of an Independent Living, Memory Care and Nursing Home Facility on
the North Half of the Subject Property, Within an R-3, Multi-Family Zoning District,
Generally Located at 7011 University Avenue N.E. (Ward 1).
Scott Hickok, Community Development Director, said that he would be presenting Items 7, 8
and 9 together but they would be voted on separately. Jim Winkels of Amcon Construction, on
behalf of the petitioner, Premier Central 65 Partners, is seeking four separate land use actions
from the City of Fridley, which will allow for the redevelopment of the Columbia Arena site,
which is located at 7011 University Avenue.
Mr. Hickok said petitioner has requested a Plat, PS #09-02. Currently, the site is one large, 14-
acre parcel. The petitioner is seeking to subdivide the lot into 2 parcels. The northern parcel will
be 7.65 acres, and the southern parcel will be 6.48 acres after the replat. The petitioner is also
requesting a Special Use Permit, SP #09-03, to allow for the construction of a 50,000 square foot
medical clinic on the southern lot and Special Use Permit, SP #09-04, to allow the construction
of a senior living facility on the northern lot.
Mr. Hickok said at the May 6, 2009, Planning Commission meeting, a public hearing was held
for PS #09-02, SP #09-03 and SP #09-4 and after receiving public comment and holding a brief
discussion, the Planning Commission recommended approval of all requests with stipulations.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 10
The motions carried unanimously. City staff recommends concurrence with the Planning
Commission.
Councilmember Bolkcom asked if there would be a development agreement and re-
development agreement later on.
Mr. Hickok said that there will be a public hearing related to tax increment financing in August.
The development will talk about utilities, parking, easements and other mechanical items. The
tax increment financing agreement talks specifically about expenditures, and how to go about
capitalizing if the grant is issued. Within the next week or two, they will know if the
development would have one lot or two. This will then go before Anoka County and there will
be a six-month wait for the final plat analysis. Once the developer comes back with signatures,
at that time a development agreement would be signed because those two are closely tied
together.
Councilmember Bolkcom said she was concerned and wanted to make sure the preliminary plat
and the development plat were reviewed before the final plat.
Mr. Hickok said the City does not see a development like this often enough and it can be
confusing. There are two players and a development agreement that talks about that relationship
and the city relationship. This is not about redesigning the project but the language in the
development agreement makes sure the mechanical aspect is agreed upon.
Councilmember Bolkcom asked if Council approves the special use permit construction, if the
special use permit can run sometime before portions of this happen.
Mr. Hickok said this is not unusual and nothing can be built on this site without the final plat.
The final plat is needed for legal description and for financing. Staff is recommending approval
but not granting permission to start construction. The final plat will not be granted until Council
approves it.
Mayor Lund said some of theses concerns could be addressed as things begin to progress.
Councilmember Bolkcom said that this process is new to us. There are three phases when
initially we thought things would happen simultaneously. She wanted to make sure everything is
done properly.
Mr. Hickok said that he just found out today there would be three phases.
Robert Foster, Partner in the Project, said that Mr. Hickok is correct that the developers cannot
move forward until final plat approval is received. His group is responsible for the overall
development of the site. From the perspective of his half, as soon as approval is received they
plan to start construction in the fall. The clinic is anxious to move forward and want to be in the
clinic in 2010.
Lynn Wilson, Partner in the Project, said they are working with the developers on the assisted
living side and the market has changed. If this project was coming before Council five years
ago, the equity that would need to brought to the table would have been around $2.0 million.
Today the equity requirements are about $6.75 million. This development will be privately
financed. He wanted to assure Council that this will be a quality project and will look beautiful.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 11
It is easier to bring $3.0 million in now and create the development in phases. This is a unique
type of housing.
MOTION by Councilmember Saefke to approve Preliminary Plat Request, P.S. #09-02, by
Premier Central 65 Partners, with the following six stipulations:
1. An easement to provide perpetual access to the fire training facility have been discussed
and agreed to, but have not been shown on the preliminary plat. An easement description
and easement document must be prepared, approved by the City's Fire Chief and made
ready for final signatures for filing, prior to approval of the final plat.
2. An easement to provide perpetual share parking between the clinic, senior building and
park, south of the clinic, have been agreed upon, but have not been memorialized in an
easement document. That document shall be prepared, approved by the County Parks
and Recreation Director and made ready for signature and filing, prior to final plat
approval.
3. Anoka County's path shall be moved from the southern edge of the clinic parcel and
ready for reinstallation in accordance with plans to be approved by Anoka County prior
to final plat approval.
4. A path connection plan allowing safe access from the clinic parking lot to the County
path south of the clinic parking lot.
5. A path along 71st to meet the specifications of the City Engineering Department shall be
installed.
6. All pathway and easements, once designed to City specification and installed, will
eliminate the developer's need to contribute park dedication for this plat.
Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
MOTION by Councilmember Saefke to approve Special Use Permit Request, SP #09-03, by
Premier Central 65 Partners, with the following sixteen stipulations:
1. The property shall be developed in accordance with the Amcon Construction site plan
A0.0, dated May 5, 2009.
2. The building elevations shall be constructed in accordance with architectural plans EL.1,
dated November 21, 2008.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building codes, Fire codes, and ADA requirements.
5. The building at 7011 University Avenue shall be removed prior to issuance of building
permit.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 12
6. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
7. No signs shall be located within the right-of-way. Any planting within the right-of-way
shall be approved by the City and/or State prior to planting. Sign permits shall be
required for all signs prior to installation.
8. The petitioner shall obtain a permit from the City and/or State for any work done within
the right-of-way.
9. The petitioner shall identify storm water management area on site and shall provide
necessary easements.
10. Storm water management maintenance agreement shall be filed with the City prior to
issuance of building permits.
11. The petitioner shall obtain any required NPDES permits.
12. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
13. Landscape plan to be reviewed and approved by City staff prior to issuance of building
permit.
14. The petitioner shall provide proof that any e�sting wells or individual sewage treatment
systems located on the site are properly capped or removed.
15. Property owner of record at time of building permit application to pay all water and
sewer connection fees prior to issuance of a building permit.
16. A Development Agreement outlining the Developer's obligation to install and loop
utilities, etc., will be prepared by the City and shall be signed by the petitioner prior to
final plat approval.
Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
MOTION by Councilmember Saefke to approve the Special Use Permit Request, SP #09-04, by
Premier Centra165 Partners, with the following seventeen stipulations:
1. The property shall be developed in accordance with the Amcon Construction site plan
A0.0, dated may 5, 2009.
2. The building elevations shall be constructed in accordance with architectural plan A500
(not dated, but submitted with packet).
3. The petitioner shall obtain all necessary permits prior to construction.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 13
4. The petitioner shall meet all Building codes, Fire codes, and ADA requirements.
5. The building at 7011 University Avenue shall be removed prior to issuance of building
permit.
6. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
7. No signs shall be located within the right-of-way. Any planting within the right-of-way
shall be approved by the City and/or State prior to planting. Sign permits shall be
required for all signs prior to installation.
8. The petitioner shall obtain a permit from the City and/or State for any work done within
the right-of-way.
9. The petitioner shall identify storm water management area on site and shall provide
necessary easements.
10. Storm water management maintenance agreement shall be filed with the City prior to
issuance of building permits.
11. The petitioner shall obtain any required NPDES permits.
12. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
13. Landscape plan to be reviewed and approved by City staff prior to issuance of building
permit.
14. The petitioner shall provide proof that any e�sting wells or individual sewage treatment
systems located on the site are property capped or removed.
15. Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
16. A Development Agreement outlining the Developer's obligation to install and loop
utilities, etc., will be prepared by the City and shall be signed by the petitioner prior to
final plat approval.
17. The petitioner shall provide the City with a copy of the conditions or restrictions for
residency within the proposed building.
Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 14
10. Establish a Public Hearing for July 13, 2009, to Consider a Proposed Amendment to
Chapter 7 of the Fridley City Charter.
William Burns, City Manager, said with the projected loss of more than $1.6 million in Local
Government Aid since the latter part of 2008, declining interest earnings, and considerably
reduced permit and license fees, the City has had to focus very intently on reducing costs. The
City has implemented numerous cutbacks for 2009 as well as identified more than $700,000 in
cuts to the 2010 General Fund budget. The cuts include freezing employee salaries and merit
step increases for a savings of more than $350,000. Other cuts in the 2010 General Fund budget
include the following:
• A reduction in the employee health insurance contribution -$113,000.
• Elimination of employee travel and conference expenses -$68,000.
• Freezing of a vacancy in the City Finance Department - net savings of $45,500.
• A 25% cut in the allocation for summer parks maintenance employees -$34,432.
• A cut in the cost for contract building inspectors -$30,000.
• Elimination of employee vacation sellback -- $40,000.
• Elimination of University Avenue Corridor Mowing -- $25,000.
• Cutbacks in Geographic Information System contractual service costs -- $18,000.
Dr. Burns said the City has made revenue adjustments where possible such as the Parks Capital
Improvement Fees shifted to the General Fund ($107,000), increased overhead charge charged
by the General Fund to the utility funds ($61,500), and the City is in the process of reviewing
fees, including our rental licensing fee.
Dr. Burns said revenue adjustments, however have suffered as the City experiences sharply
lower license and permit fees ($150,600 for 2010), significantly lower interest earnings
($100,000 proj ected for 2010), and declining liquor store revenue (proj ected at $150,000 for
2010). The combination of revenue and expenditure adjustments will leave us about $1,000,000
short of balancing our General Fund budget for 2010. Although the shortfall can be made up
from transfers from our General Fund Reserve and other external funds for 2010, we are
proj ecting that we will have reached the point where we will need to borrow money to keep up
with our cash flow needs by early 2012. By this time next year, the City will be facing the
choice of either cutting services or attempting to raise revenue.
Dr. Burns said Chapter 7 of the City Charter, however, prevents the City from asking residents
for additional revenues until the General Election of 2010. In order to enable us to get the issue
to the voters in a timely manner, City staff approached the Charter Commission on June 10 with
a request to initiate a change to Chapter 7 of the Fridley City Charter that would enable the City
to bring a revenue issue to the voters in a special election.
Dr. Burns said the proposed amendment also asks that the 51% majority requirement for
approval be changed to a majority of those voting on the issue. The Charter Commission agreed
by a vote of 8-2 to initiate the requested changes. The next step would be for the City Council to
adopt the Charter Amendment by Ordinance. This, however, requires a public hearing.
Tonight's Council action would set the public hearing for the July 13 City Council meeting. The
first reading of the ordinance would also be held on July 13. Staff recommends Council's
approval.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 15
Mayor Lund said thought it would be great to have a public hearing to get citizen input.
Don Findell, 6850 Siverts Lane, member of the Fridley Charter Commission, agreed that it is a
great idea to put an amendment forward because it satisfies everyone's concerns and needs. The
only thing the City is lacking is the opportunity to put forth a special election which will be
solved by this issue.
Mayor Lund said that the public hearing will give people the opportunity to voice their
concerns. This is a great education tool for citizens to express their concerns.
MOTION by Councilmember Bolkcom to establish a public hearing for July 13, 2009, to
consider a proposed amendment to Chapter 7 of the Fridley City Charter. Seconded by
Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
11. First Reading of an Ordinance Amending Chapter 101, Animal Control, of the
Fridley City Code Pertaining to Prohibition of Waterfowl Feeding.
Jack Kirk, Parks and Recreation Director, said staff is proposing a change to the ordinance
pertaining to waterfowl feeding. The Parks & Recreation Commission members are supportive
of this amendment. The City has a significant number of Canadian geese and ducks at Moore
Lake. There is a swimming beach, playground and picnic area and the abundance of geese and
ducks create concerns. The reason for the problem is because of the people who feed them. The
people think they are doing the ducks and geese good by feeding them but because of the large
concentration, it causes a mess at the parks. The droppings from the large concentration of
waterfowl cause health and cleanliness concerns and we know that from research the droppings
can affect water quality in the lakes.
Mr. Kirk said the City has one swimming beach that opened on June 13 but it had to close
because of E. coli in the water and the beach remains closed. Once the results are normal, the
beach can reopen. Ducks and geese do fine on their own finding their food. The type of food
people feed them does not have the nutrients they need to remain healthy. This creates an
unhealthy situation that may cause disease. Ducks and geese that are fed by people become
dependent on that which can even cause problems with their migration.
Mr. Kirk said that because people feed the ducks and geese they become tame. Over the years,
there have been incidences where people have harmed the ducks and geese. There was a
situation where some young teenagers sharpened a stick and jabbed a goose and then wildlife
services had to help the goose. This ordinance not allowing the feeding of ducks and geese will
be better for the parks and picnic areas.
Councilmember Barnette asked what kind of penalty people would get if they are caught
feeding the ducks and geese.
Mr. Kirk said it would be a misdemeanor and the fine would be under $100. If a person is
standing right next to a sign feeding the geese, there is a chance they would get a ticket. This
would be an educational tool to state it would be against the law to feed the waterfowl.
FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 16
Fritz Knaak, City Attorney, said this would be a punishable misdemeanor which would be 90
days in jail or a$1,000 fine. It would be up to the City in terms of how it is enforced. Violation
of this would be a crime and that would mean potential punishment.
Mayor Lund said sometimes people get a warning but there would be potential for a citation.
The City has tried other mechanisms like geese removal but the geese keep coming back, mate,
breed and come back every year. Now that this has become a problem for the public's health
and safety, something needs to be done.
Councilmember Bolkcom asked for staff to define what food byproducts are before the second
reading.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
12. Informal Status Report.
Mayor Lund said Dr. Burns will be recognized by the League of Minnesota Cities and receive
their Leadership Award. After 21 years of successfully managing the City it is well deserved.
He congratulated Dr. Burns.
Mayor Lund said this is Fridley `49er Days week This is the City's 45th annual city
celebration. Please participate if you can and spread the word.
Scott Hickok, Community Development Director, said the next paper shredding event will be on
July 11 from 9 a.m. until noon at the Municipal Center. Citizens can also purchase a rain barrel
for $65 through the Recycle Minnesota Organization. The rain barrels can be reserved on line at
www.recycleminnesota.org by July 27th. Because if is a region-wide event, the barrels can be
picked up at the Minnetonka Public Works Building.
Councilmember Varichak said she attended the Safety Camp graduation. 152 children signed
up to participate and 147 attended. Everyone did a remarkable job with Safety Camp. She also
looked at the landscaping proj ect by Moore Lake and it looked great. She commended the
businesses and HRA who participated in this effort.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:10 P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
� AGENDA ITEM
� CITY COUNCIL MEETING OF JULY 13, 2009
�ffY �F
FRIDLEY
To: William W. Burns, City Manager
From: Jack Kirk, Director of Parks and Recreation
Date: July 8, 2009
Re: Proposed Waterfowl Feeding Ordinance
I am recommending that we move forward with a change to Chapter 101 of the Fridley
City Code related to Animal Control, that would prohibit the feeding of waterfowl on City
of Fridley park property. The second reading of the proposed ordinance is on the
agenda of the City Council meeting of July 13, 2009.
Attached is the proposed ordinance pertaining to the prohibition of waterfowl feeding.
Please let me know if you need any additional information for the meeting.
The following is from an e-mail sent from Jack Kirk to Bill Burns on June 25, 2009
regarding additional information on the proposed waterfowl feeding ordinance.
During the discussion of the proposed Waterfowl Feeding Ordinance at Monday's City Council
meeting, Councilmember Bolkcom asked about what was meant by the term food by-products. I
know I didn't give a very good answer and should have had a definition readily available.
A food by-product is what is left from manufacturing or processing human food. It can be fruit and
vegetable waste or it can be meat and dairy product waste. Food by-products are often used in
composting and can be a useful soil additive for farming operations. Meat and dairy by-products
are often used as livestock feed.
The reason that the proposed ordinance states that "it shall be unlawful to provide food (including
food by-products, garbage or animal food) to waterfowl" is so it is more all encompassing and
doesn't leave a"loophole" for someone to feed the animals something and then make that the
claim that it isn't really food. They should not be feeding the waterfowl any items and the
proposed wording was to make sure everything was covered by the term "food".
I hope this answers the question on food by-products. Please let me know if there are other
questions or items that need clarifying about this proposed ordinance.
Thank you for your assistance on this.
Jack
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 101 ANIMAL CONTROL OF THE FRIDLEY CITY
CODE PERTAINING TO PROHIBITION OF WATERFOWL FEEDING
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 101 of the Fridley City Code be hereby amended as follows:
FRIDLEY CITY CODE
CHAPTER 101. ANIMAL CONTROL
101.01 DEFINITIONS
15. Waterfowl
Includes those species of birds commonly known as �eese, ducks, �ulls and swans and an. o�
waterfowl fallin� under the iurisdiction of the United States Fish and Wildlife Service.
�S. 16. Wild Animals
Section 2: That Section 101 of the Fridley City Code be hereby amended as follows:
101.02. WILD ANIMALS AND BIRDS
3. Prohibition of Waterfowl Feedin�
A. It shall be unlawful to provide food (includin� food by_products, �arba�e or animal food) to
waterfowl on Citv of Fridlev owned park land. This shall include placin� food or allowin� food
to be placed on the �round, shoreline, waterbodv, or anv structure, unless such items are screened
or protected in a manner that prevents waterfowl from feedin� on them.
B. This prohibition shall not a�plv to veterinarians, citv animal control officers or countv, state or
federal �ame officials who in the course of their duties have waterfowl in custodv or under their
mana�ement.
C. This prohibition shall not a�plv to persons authorized by the City of Fridle. t�plement the
Canada Goose mana�ement pro�ram and anv future waterfowl mana�ement pro�rams a�proved
by the city council.
D. This prohibition shall not a�plv to an. f�placed upon the propert.�purposes of tra�pin� or
otherwise takin� waterfowl, where such tra�pin� or takin� is pursuant to a permit issued under
section 101.022
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF 200 .
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: June 22, 2009
Second Reading:
Published:
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Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 13, 2009
July 6, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Special Use Permit Request, SP #09-06, Altare Signs, Inc. for Speedway Super
America
INTRODUCTION
The petitioner, Altare Signs, Inc., who is representing the
property owner of the Super America gas station located at
7299 Hwy 65, is requesting a special use permit to allow a free-
standing automatic changeable LED gas pricing sign.
A free-standing sign already exists on the subject property,
which is located on the corner of 73�d Avenue and Hwy 65. The
petitioner is proposing to replace the existing manual gas
pricing section of the sign with an electronic LED gas pricing
sign. The LED section of the sign is proposed to be
approximately 14.4 sq. ft., and the total square footage of the
sign is 80 sq. ft.
PLANNING COMMISSION RECOMMENDATION
At the June 17, 2009, Planning Commission meeting, a public
hearing was held for SP #09-06. After a brief discussion, the
Planning Commission recommended approval of SP #09-06,
THE MOTION CARRIED UNANIMOUSLY.
with the stipulations as presented.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
City of Fridley Land Use Application
SP #09-06 June 17, 2009
GENERAL INFORMATION
Applicant:
Altare Signs Inc.
Nathan McPherson
1055 Cliff Road E
Burnsville MN 55337
Requested Action:
Special Use Permit for an automatic
changeable sign
Existing Zoning:
M-1, Light Industrial
Location:
7299 Hwy 65
Size:
58,951 sq. ft. 1.35 acres
Existing Land Use:
Gasoline Station Store
Surrounding Land Use & Zoning:
N: 73�d Avenue & ROW
E: Industrial Use & M-1
S: Vacant Lot & M-1
W: Hwy 65 & ROW
Comprehensive Plan Conformance:
Consistent with Plan
Zoning/Permit History:
Property has never been platted.
1983 — Variances were granted to allow
the construction of the service station.
1983 — Building is constructed.
1984 — Original pylon sign constructed.
There have been several face changes
and alterations to the pylon sign since it
was constructed.
Legal Description of Property:
Tract B, Registered Land Survey No.
88, subject to easement of record.
Public Utilities:
Building is connected
Transportation:
The property receives access from 73�a
Avenue and Hwy 65 Service Road.
Physical Characteristics:
Lot consists of the gas station building,
the gasoline pumps, parking areas and
landscaping.
SPECIAL INFORMATION
SUMMARY OF REQUEST
The petitioner, Altare Signs, Inc., who is
representing the property owner, Super
America, is requesting a special use permit to
allow a free-standing automatic changeable
LED gas pricing sign at the gas station located
at 7299 Hwy 65.
SU M MARY OF ANALYSIS
City Staff recommends approval of this special
use permit request.
Electronic changeable signs are an approved
special use in the industrial zoning districts,
provided the sign complies with Code
Aerial of Subject Property
CITY COUNCIL ACTION / 60 DAY DATE
City Council — July 13, 2009
60 Dav Date — Julv 13. 2009
Staff Report Prepared by: Stacy Stromberg
SP #09-06
REQUEST
The petitioner, Altare Signs, Inc., who is
representing the property owner of the Super
America gas station located at 7299 Hwy 65, is
requesting a special use permit to allow a free-
standing automatic changeable LED gas pricing
sign.
A free-standing sign already exists on the subject
property, which is located on the corner of 73�a
Avenue and Hwy 65. The petitioner is proposing to
replace the existing manual gas pricing section of
the sign with an electronic LED gas pricing sign.
The LED section of the sign is proposed to be
approximately 14.4 sq. ft., and the total square
footage of the sign is 80 sq. ft.
�
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�
HISTORY AND ANALYSIS
The subject property is located at the southeast
corner of 73�d Avenue and Hwy 65. The property is
zoned M-1, Light Industrial. Motor vehicle fuel and
����:�_ �� t� fF�� �;� ;����� ' oil dispensing services are a permitted special use in the M-
����
���.� _� i��i, �� 1, Light Industrial zoning district. When the service station
�{ k�� �'�iF ���` �°�' was constructed in 1983, several land use requests were
���,� �-.�
�-s ° ° also approved by the City Council. A lot split was granted to
-���� '���jE� �� ��� subdivide one large lot and create two small lots, which are
, _
`�, F . now, 7201 and 7299 Hwy 65, which in turn allowed for the
, � �� �
'°� ( ���� construction of the Service Road. A special use permit was
�' `'� � also approved to allow the construction of the motor vehicle
�� '�;�' � fuel service station and two variances were approved to
�'ti �'�y �`��` ����� �� reduce the lot size requirements and the parking lot setback
� requirement from an abutting right-of-way. The original free-
�� ' �_ . standing sign was also constructed in 1984. There have
�� ��- been several changes and modifications to that sign since it
° was constructed.
CODE REQUIREMENTS
Electronic changeable signs are an approved special use in any zoning district, except
residential, provided the message doesn't change more often than once every 45 seconds. The
sign also needs to be in conformance with the sign requirements for the zoning district, in which
the property is located. The subject property is zoned, M-1, Light Industrial, which requires that
free standing signage can not exceed 80 square feet in size. The existing sign meets that size
requirement. The petitioner is proposing a simple modification of the sign that will replace the
existing manual gas pricing signs with the installation of two electronic gas pricing signs, which
is approximately 14.4 square feet in size.
STAFF RECOMMENDATION
City Staff recommends approval of the special use permit as electronic changeable signs are an
approved special use in the industrial zoning districts, provided the sign complies with Code
requirements, subject to stipulations.
STIPULATIONS
City Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
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Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 13, 2009
July 6, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Variance Extension Request, VAR #08-05, Miller Funeral Home
INTRODUCTION
On July 14, 2008, the City Council unanimously approved variance request, VAR #08-05 to Jay
Thorson of Dailey Companies, on behalf of Miller Funeral Home for the following two variances:
1. The first variance is to reduce the side yard setback on the north side of the building
from 15 feet to 3.7 feet to allow an expansion of the existing garage;
2. The second variance is to increase the encroachment of a canopy into the required
side yard from 3 ft to 7 ft.
The expansion on the north side of the building will allow the existing garage which is already
setback at 3.7 ft., to be extended 60 ft. to the west. The variance on the south side of the
building will allow for a 7 ft. canopy over an entrance door to the existing building.
In addition to constructing the proposed addition on the north side of the building and the
canopy on the south side of the building, the property owner is also planning to remove the
existing mansard roof and reface the entire building with a decorative stone veneer, to enhance
the buildings appearance.
The petitioner on behalf of Kim Miller, the owner of Miller Funeral Home is requesting that an
extension be granted for the two variances that were granted last year. He states that the
building project has been put on hold due to the current business climate and other personal
decisions that need to be made before the project can be done.
PLANNING STAFF RECOMMENDATION
City Staff recommends approval of a one-year extension for the construction of the petitioner's
addition until July 14, 2010.
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FRIDLEY
Date:
To:
From:
Subiect:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 13, 2009
July 9, 2009
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Paul Bolin, Assistant Executive Director of Fridley HRA
Set Public Hearinq for Creation of Columbia Arena /TIF District #20
INTRODUCTION
Staff is requesting approval of the attached resolution calling for a public hearing on
modifications to the redevelopment plan for redevelopment project No. 1 and the Tax
Increment Financing plans for Tax Increment Financing Districts Nos. 1, 6-7, 9, 11-14, and 16-
19, creation of Tax Increment Financing District No. 20, and approval and adoption of a Tax
Increment Financing Plan relating thereto.
STAFF RECOMMENDATION
Staff recommends City Council adopt the attached resolution and hold a public hearing for
creation of the potential district at their regular meeting on Monday, September 28, 2009.
RESOLUTION NO.
A RESOLUTION CALLING FOR A PUBLIC HEARING ON MODIFICATIONS TO THE
REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX
INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS
NOS. 1, 6-7, 9, 11-14 AND 16-19, CREATION OF TAX INCREMENT FINANCING
DISTRICT NO. 20 AND APPROVAL AND ADOPTION OF A TAX INCREMENT
FINANCING PLAN RELATING THERETO.
BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota
(the "City"), as follows:
Section 1. Public Hearing.
1.01. This Council shall meet on Monday, September 28, 2009, commencing at
approximately 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley,
Minnesota, to hold a public hearing on the following: (a) modification of the
Redevelopment Plan for Redevelopment Project No. 1(the "Project Area") to reflect
increased project costs and increased bonding authority within the Project Area; (b)
modification of the Tax Increment Financing Plans for Tax Increment Financing Districts
Nos. 1, 6-7, 9, 11-14 and 16-19 (the "Existing TI F Districts") to reflect increased project
costs and increased bonding authority within the Project Area; and (c) creation of Tax
Increment Financing District No. 20 and approval and adoption of a Tax Increment
Financing Plan relating thereto, all pursuant to and in accordance with Minnesota
Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended
and supplemented.
Section 2. Notice of Hearing; Filing of Plans.
2.01. The City Clerk is authorized and directed to cause notice of the public hearing,
substantially in the form attached hereto as Exhibit A, to be published as required by law,
to place a copy of the Redevelopment Plan and proposed Tax Increment Financing Plan
(collectively the "Plans") on file in the City Clerk's office and to make such Plans available
for inspection by the public.
Passed and adopted by the Council of the City this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
Page 2 - Resolution No.
CERTIFICATION
I, , the duly qualified Clerk of the City of Fridley, County
of Anoka, State of Minnesota, hereby certify that the foregoing is a true and correct copy
of Resolution No. passed by the City Council on the day of , 2009.
CITY CLERK
EXHIBIT A
NOTICE OF PUBLIC HEARING
CITY OF FRIDLEY
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN THAT the City Council (the "Council") of the City of Fridley,
Minnesota, wili hold a public hearing on Monday, September 28, 2009, commencing at
approximately 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota,
to hold a public hearing on the following: (a) modification of the Redevelopment Plan for
Redevelopment Project No. 1(the "Project Area") to reflect increased project costs and
increased bonding authority within the Project Area; (b) modification of the Tax Increment
Financing Plans for Tax Increment Financing Districts Nos. 1, 6-7, 9, 11-14 and 16-19 to
reflect increased project costs and increased bonding authority within the Project Area; and (c)
creation of Tax Increment Financing District No. 20 and approval and adoption of a Tax
Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota
Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended and
supplemented. Copies of the documentation relating to the above proposed actions will be on
file and available for public inspection in the office of the City Clerk.
The property proposed to be included in Tax Increment Financing District No. 20 includes the
Parcel Identification Number 11-30-24-34-0002.
The property is generally located east of University Avenue NE and south of 71St Avenue NE.
The attached map shows the boundaries of proposed Tax Increment Financing District No.
20, the area from which tax increment revenues may be generated, and the boundaries of
Redevelopment Project No. 1, the area in which the tax increment revenues may be
expended.
All interested persons may appear at the hearing and present their views orally or in writing.
c � �7: � - : �7��:C����'��i1�P►L�L
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City Manager
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FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 13, 2009
William W. Burns, City Manager
Donovan W. Abbott, Public Safety Director
July 6, 2009
FY2009 Edward Byrne Justice Assistance Grant (JAG)
Additional funding from the FY2009 Edward Byrne Memorial Justice Assistance Grant (JAG) has
been awarded to four Anoka County cities: Blaine, Columbia Heights, Coon Rapids, and Fridley. The
City of Fridley has been allocated $19,132 of this additional funding. For this particular grant award
the City of Coon Rapids has agreed to act as the fiscal agent and each of the four cities has agreed to
direct 10 percent of the award to the City of Coon Rapids as a fee for the administration of the grant.
The City of Fridley Police Department will utilize this grant award to obtain additional equipment
necessary for staff to be able to respond effectively to active shooter situations. An active shooter is
an armed person who has used deadly force on other persons and continues to do so while having
unrestricted access to additional victims. An active shooter can occur in any community and it is
prudent to plan and prepare for such an occurrence.
City of Fridley Utilization of Grant Funds:
Six .223 Caliber Rifles
Two Ballistic Shields
Six Mobile Ammunition Caches
Sales Tax (6.5%)
10% Administration Expense to City of Coon Rapids
TOTAL
$11,549.52
3,399.98
1,091.58
1,042.67
1,913.20
$18,996.95
The attached Memorandum of Understanding between the cities of Blaine, Columbia Heights, Coon
Rapids, Fridley and Anoka County specifies the understanding of the parties that the City of Coon
Rapids will act as the fiscal agent and 10% of the award will be reallocated to The City of Coon
Rapids for administrative costs in administering the JAG funding program.
Staff recommends approval and execution of the Memorandum of Understanding.
MEMORANDUM OF UNDERSTANDING
FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM FY 2009 LOCAL SOLICITATION
THIS AGREEMENT is made and entered into on the day of
2009, by and between the City of Coon Rapids, acting by and through its City Council,
and the City of Blaine, acting by and through its City Council, and the City of Fridley,
acting by and through its City Council and the City of Columbia Heights, acting by and
through its City Council, all of Anoka County, State of Minnesota witnesseth:
WHEREAS, for Justice Assistance Grant Program (JAG) purposes, although
Anoka County is ineligible for receiving an award, it remains a partner with the
jurisdictions receiving funds, the City of Coon Rapids, City of Blaine, City of Fridley
and City of Columbia Heights; and
WHEREAS, the City of Coon Rapids has agreed to act as a fiscal agent on behalf
the cities of Blaine, Fridley and Columbia Heights; and
WHEREAS, the cities of Blaine, Fridley and Columbia Heights agree to reallocate
10% of its JAG funding amount to the City of Coon Rapids for administrative costs in
administering the JAG funding program; and
WHEREAS, the cities of Blaine, Fridley and Columbia Heights have submitted
documentation to the City of Coon Rapids detailing how its JAG monies will be spent;
and
WHEREAS, Minnesota Statute � 471.59, subd. 1 allows two or more
governmental units, by agreement entered into by their governing bodies, to jointly or
cooperatively exercise any power common to both contracting parties; and further it
allows one party to act on behalf of other participating units of government; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of government functions hereunder, shall make that
performance or those payments from current revenues legally available to that party;
and
WHEREAS, each governing body finds that the performance of this Agreement
is in the best interests of both parties, that the undertaking will benefit the public, and
that the division of costs fairly compensates the performing party for the services or
functions under this agreement: and
WHEREAS, the City of Blaine agrees to reallocate to the City of Coon Rapids
$1,499.50 of their $14,995.00 JAG award, the City of Fridley agrees to reallocate $1,913.20
of their $19,132.00 JAG award to the City of Coon Rapids, and the City of Columbia
Heights agrees to reallocate $1,952.00 of their 19,520.00 JAG award to the City of Coon
Rapids for the administration of this grant; and
WHEREAS, the cities of Coon Rapids, Blaine, Fridley, and Columbia Heights
believe it to be in their best interests to reallocate the JAG funds.
NOW THEREFORE, the cities of Coon Rapids, Blaine, Fridley, Columbia
Heights, and Anoka County agree as follows:
Section 1.
City of Blaine agrees to allocate $1,499.50 of their $14,995.00 of their individual
eligible allocation of JAG funds to the City of Coon Rapids for administrative costs.
2
City of Fridley agrees to allocate $1,913.20 of their $19,132.00 of their individual
eligible allocation of JAG funds to the City of Coon Rapids for administrative costs.
City of Columbia Heights agrees to allocate $1,952.00 of their $19,520.00 of their
individual eligible allocation of JAG funds to the City of Coon Rapids for administrative
costs.
Section 2.
Nothing in the performance of this Agreement shall impose any liability for
claims against the City of Coon Rapids other than claims for which liability may be
imposed by the Minnesota Tort Claims Act.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for
claims against Anoka County other than claims for which liability may be imposed by
the Minnesota Tort Claims Act.
Section 4.
Each party to this agreement will be responsible for its own actions in providing
services under this agreement and shall not be liable for any civil liability that may arise
from the furnishing of the services by the other party.
Section 5.
The parties to this agreement do not intend for any third party to obtain a right
by virtue of this agreement.
3
Section 6.
By entering into this agreement, the parties do not intend to create any
obligations express of implied other than those set out herein; further, this agreement
shall not create any rights in any party not a signatory hereto.
Section 7.
For purposes of this Edward Byrne Justice Assistance Grant, even though Anoka
County is ineligible for a direct award, it remains a partner with the jurisdictions
receiving funds and therefore remains a signatory on the Memorandum of
Understanding.
Section 8.
This Memorandum of Understanding may be executed in counterparts as of the
day first written above.
0
City of Coon Rapids
Dated this day of , 2009.
CITY of Coon Rapids, Minnesota
Mayor
ATTEST:
City Manager
APPROVED AS TO FORM:
City Attorney
City of Blaine
Dated this day of , 2009.
CITY of Blaine, Minnesota
Mayor
ATTEST:
City Manager
APPROVED AS TO FORM:
City Attorney
City of Fridley
Dated this day of , 2009.
CITY of Fridley, Minnesota
Mayor
ATTEST:
City Manager
APPROVED AS TO FORM:
City Attorney
City of Columbia Heights
Dated this day of , 2009.
CITY of Columbia Heights, Minnesota
Mayor
ATTEST:
City Manager
APPROVED AS TO FORM:
City Attorney
Anoka County
County of Anoka, Minnesota
Chair, Anoka County Board Commissioners
County of Anoka, Minnesota
County Administrator
APPROVED AS TO FORM:
County of Anoka, Minnesota
Assistant County Attorney
�
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 13, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne R. Otteson, Assistant Public Works Director
July 13, 2009
85th Avenue Trail Project ST2007-4 - Change Order #2
PW09-037
Attached is Change Order No. 2 for the 85th Avenue Trail Proj ect No. ST. 2007-4. This change order includes
additional work outside of the original contract. The amount of this change order is $22,293.54. Since this is a
Federally funded proj ect, 80% of this change order is eligible using Federal funds and the remaining 20% is the
City's responsibility. The following items have been approved by MN/DOT for use of Federal funds.
The first item is for the installation of 2,100 feet of cedar split rail fence along the frontage of Springbrook
Nature Center (SNC). The fence will have cedar posts and 3 rails. The existing spilt rail fence was no longer
functional and had deteriorated beyond repair. The fence will be located on the south side of the trail. The
fence will provide a corridor and discourage pedestrians from entering the SNC through the woods on foot or
bike. The Engineering Staff has worked closely with SNC Director Siah St. Clair to determine the style and
location of the fence. The additional cost of this work is $21,945.00.
The second item is for exchanging short connector bolts with longer connector bolts. The elevated timber trail
had to span a greater distance across two (2) creeks entering Springbrook Nature Center. Additional strength
was needed, so the boards were doubled up and longer stainless bolts were required. The additional cost of
these bolts is $348.54.
Recommend the City Council approve Change Order #2 to Colt Construction in the amount of
$22,293.54. The revised contract amount is now increased by $22,293.54 to $800,057.44.
LRO
Attachment
Page 1 of 1
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
Colt Construction Services, LLC
285 Forest Grove Dr. Ste #126
Pewaukee, WI 53072
SUBJECT: Change Order No. 2— 85th Avenue Trail Project No. ST2007-4
Gentlemen:
July 13, 2009
You are hereby ordered, authorized, and instructed to modify your contract for the 85th Avenue Trail Project No.
ST2007-4 by adding the following work:
Item No. Item Description Cost
1 Furnish and install 2,100 lineal feet of cedar split rail fence along $21,945.00
Springbrook Nature Center.
2 Replace short stainless connector bolts with longer stainless bolts. $348.54
Total $22�2g3.54
Submitted and approved by James Kosluchar, Director of Public Works, on the 13th day of July, 2009.
James P. Kosluchar, Director of Public Works
Approved and accepted this day of , 2009 by
Colt Construction Services, LLC.
Colt Construction Services, LLC., Representative
Approved and accepted this day of , 2009 by
CITY OF FRIDLEY
Scott J. Lund, Mayor
Wlliam W. Burns, City Manager
� AGENDA ITEM
� COUNCIL MEETING OF JULY 13, 2009
� �F CLAI MS
FRIDLEY
CLAIMS
142272 - 142542
� AGENDA ITEM
� CITY COUNCIL MEETING OF JULY 13, 2009
��F LICENSES
FRIDLEY
'TYPE OF LICENSE:' ' APPLICANT: APPROVEIa B�:
Peddler and Solicitors License HOME SURE, INC Public Safet
Alexander Collins
Matthew Miranda
Ryan Ramp
Tree Removal and Treatment Cory's Landscaping-Oak Hill Public Safety
Tree and Stump Service Public Works
Cory Treb
Tree Removal & Treatment Ostvig Tree Public Safety
Jim Ostvig Public Works
Temporary Intoxicating Liquor Columbia Heights Rotary Public Safety
Gordon Backlund
3.20 %Malt Liquor & Wine India Express dba India House Public Safety
Joginder Cheema Inspections
Fire Marshall
City Clerk
On-Sale Intoxicating Liquor Shorewood, Inc.dba Public Safety
Food The Shorewood Restaurant in Inspections
Entertainment Fridley Fire Marshall
James Nicklow City Clerk
Lawful Gambling Permit National Wild Turkey Federation Public Safety
Paint Brush Shooters Chapter
Gregory Newman - President
� AGENDA ITEM
� CITY COUNCIL MEETING OF JULY 13, 2009
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Bonfes Plumbin , Heatin & Air Svc Gas Danielle Schneider Ron Julkowski, CBO
Bonfes Plumbin , Heatin & Air Svc Heatin Danielle Schneider Ron Julkowski, CBO
Brookl n Aire Heatin & Coolin Heatin Michael Gl nn Ron Julkowski, CBO
Ebert Inc Commercial or S ecialt Aimee Roehl Ron Julkowski, CBO
Gardens of Rice Creek Commercial or Specialty Betty Ann Addison Ron Julkowski, CBO
Horizon Mana ement LLC Commercial or S ecial Phil Herman Ron Julkowski, CBO
JDI Si ns & Gra hic Si n Erector Michael Dick Ron Julkowski, CBO
Kath HVAC Oil Service Keith Williams Ron Julkowski, CBO
Kath HVAC Gas Keith Williams Ron Julkowski, CBO
Kath HVAC Heatin Keith Williams Ron Julkowski, CBO
Perfection Heatin & Air Heatin Steve Kuz� Ron Julkowski, CBO
Schwantes Heatin & Air Inc Heatin Dave Pearl Ron Julkowski, CBO
UHL Heatin Todd Ku lin Ron Julkowski, CBO
UHL Gas Todd Ku lin Ron Julkowski, CBO
�
�
�lTY �F
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 13, 2009
LICENSES
William W. Burns, City Manager
John Crelly, Assistant Chief
July 8, 2009
Annual renewal of rental licenses
Attached is a list of 215 properties that have completed the license renewal process. Each
property listed has submitted a rental license application, paid all fees, and has completed the
rental property inspection process.
Staff recommends that City Council approve the rental license renewal for these properties.
Rental Housing
2nd Quarter License Renewals
ProplD: Property Address
1096
1097
1109
1048
1098
1099
1100
1101
1768
1104
1107
1108
1111
1113
1126
1119
1138
1139
1140
1145
1146
1147
1082
1155
1156
1168
1632
1763
1826
1870
1731
1858
1182
1835
1626
1191
1573
1068
1196
1637
1565
1205
1206
1207
4655 2 1/2 St. NE
5770 2 1/2 St. NE
5780-90 2 1/2 St. N E
5783-85 2 1/2 St. NE
5791 2 1/2 St. NE
5800 2 1/2 St. N E
5810 2 1/2 St. NE
5820 2 1/2 St. NE
5850 2 1/2 St. N E
5901 2 1/2 St. NE
5980 2 1/2 St. NE
6060 2 1/2 St. NE
5761 2nd St. NE
5801 2nd St. NE
5940-42 2nd St. NE
6061 2nd St. NE
5201 3rd St. NE
5230 3rd St. NE
5231 3rd St. NE
5900 3rd St. NE
5974 3rd St. NE
5980 3rd St. NE
6030 3rd St. NE
6051-55 3rd St. NE
6061-65 3rd St. NE
5600-06 4th St. NE
5645-47 4th St. NE
5710 4th St. NE
5714 4th St. NE
5724 4th St. NE
5946 4th St. NE
7574 4th St. NE
305 53rd Ave. NE
553 54th Ave. NE
645 57th Ave. NE
276-278 58th Ave. NE
641 58th Ave. NE
700 58th Ave. NE
5428 5th St. NE
5870 5th St. NE
6161 5th St. NE
6303-05 5th St. NE
6311-29 5th St. NE
6337-39 5th St. NE
Units
2
11
2
2
2
4
4
4
1
4
4
4
3
3
2
4
11
11
11
4
4
4
1
3
3
3
2
1
1
1
1
1
7
1
1
1
1
1
4
1
1
2
16
2
Owner
Maynard Nielsen
Allen Hoffer
Value Homes, LLC
Jason Walgrave
Celso Robles
Trung Duong
KG Property Mgmt
Midwest Property Rentals
JT Land Holdings, LLC
Paul Robeck
Paul Schulz
MCN Properties, LLC
Allen Hoffer
AZAMKO PROPERTIES
Robert Hosman
Kris & Becky Kienzle
Bigos Properties
Bigos Properties
Bigos Properties
Curt & Pamela Sorum
The Schaff
The Schaff
Amber Henrikson
Emerald Eye Prop, LLC
CF Investments Inc
Tony L Wilson
Darwin Peterson
Enisa Agovic
Matt Anderson
Trisha Verhasselt
Julian & Sharon Jensen
Thomas Waks
Bigos Properties
Dale Christiansen
Tom Blomberg
Betty Loewen
Darlene M Dowling
The Schaff
Kris & Becky Kienzle
Dennis Anderson
Bob Feldiek
Fridley Apartments
Fridley Apartments
Fridley Apartments
page 1 of 5
ProplD: Property Address Units Owner
1208
1209
1210
1211
1212
1213
1215
1216
1526
1539
1537
1538
1515
1841
1849
1247
1248
1483
1844
1773
1255
1256
1265
1271
1267
1268
1798
1272
1534
1533
1273
1529
1528
1861
1282
1624
1294
1299
1311
1061
1566
1734
1649
1495
6347-65 5th St. NE
6401-03 5th St. NE
6409-27 5th St. NE
6431-33 5th St. NE
6437-55 5th St. NE
6459-61 5th St. NE
6465-83 5th St. NE
6487-89 5th St. NE
114-116 62nd Way NE
50-60 63 1/2 Way NE
70-80 63 1/2 Way NE
90-100 63 1/2 Way NE
1128 63rd Ave. NE
71 65 1/2 Way N E
81 65 1/2 Way NE
5361-63 6th St. NE
5371-73 6th St. NE
5932 6th St. NE
6000 6th St. NE
15871stWayNE
1230-36 72nd Ave. NE
1270-76 72nd Ave. NE
361 74th Ave. NE
380-382 74th Ave. NE
389 74th Ave. NE
415 74th Ave. NE
1525 75th Ave. NE
350 75th Ave. NE
450 75th Ave. NE
476 75th Ave. NE
106 77th Way NE
19 77th Way NE
21 77th Way NE
341 79th Way NE
5400-06 7th St. NE
6380 7th St. NE
6400 Able St. NE
7349-51 Able St. NE
7527-29 Able St. NE
5960-80 Anna Ave. NE
7601 Arthur St. NE
6200 Baker Ave. NE
6444 Baker Ave. NE
7786 Beech St. NE
16
2
16
2
16
2
16
2
2
2
2
2
1
1
1
2
2
1
1
1
4
4
8
2
11
11
1
11
11
11
4
1
1
1
3
2
1
1
2
34
1
1
1
1
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Gary & Carolyn Knutson
Allen Hoffer
Allen Hoffer
Allen Hoffer
Danny Peterson, LLC
Alissa Voorhees
J & C Associates
Gary Wellner
Gary Wellner
Open Door Investments
Terry Buchanan
H Properties, LLC
Russell Beck
George Knoll
Chowdhury Properties
The Schaff
Mystical Enterprises, Inc.
William A. Shaw
Jon Alexander
Richard & Amy Doherty
RAS PROPERTIES
RAS PROPERTIES
David & Jean Morisette
Allen Hoffer
Allen Hoffer
James Norling
Jeffrey R. Troska
Chris & Jenny Johnson
Mike Kolodjski
Mark & Stacy Lekson
Warren Jeung
Riverwood Rentals, LLC
Chris & Tonia Bastyr
Gregg Hebeisen
Christina Wood
Humberto Martinez-Suarez
page 2 of 5
ProplD: Property Address Units Owner
1871
1856
1860
1319
1323
1547
1322
1328
1329
1049
1051
1052
1846
1755
1752
1739
1746
1633
1486
1513
1827
1600
1339
1340
1341
1342
1344
1354
1356
1357
1358
1801
1616
1851
1845
1771
1796
1760
1361
1362
1859
1364
1053
1370
1627 Brenner Pass NE
1639 Brenner Pass NE
5795 Central Ave. NE
6534 Central Ave. NE
6542-48 Central Ave.
6588-92 Central Ave.
7190 Central Ave. NE
6501 Channel Rd. NE
6531 Channel Rd. NE
101 Charles St. NE
179 Charles St. NE
180 Charles St. NE
671 Cheri Ln. NE
6499 Christenson Ln.
201 Christenson Way
5533 E Bavarian Pass
5545 E Bavarian Pass
5407 E Brenner Pass
6190-92 East River Rd.
6210-20 East River Rd.
6410 East River Rd.
6654 East River Rd.
7673 East River Rd.
7805 East River Rd.
7825 East River Rd.
7845 East River Rd.
7895 East River Rd.
7857-61 Firwood Way NE
7879-81 Firwood Way NE
7883-85 Firwood Way NE
7889-91 Firwood Way NE
6594 Fridley St. NE
6631 Fridley St. NE
555 Glencoe St. NE
610 Glencoe St. NE
1020 Hathaway Ln. NE
1030 Hathaway Ln. NE
7300 Hayes St. NE
5100-08 Horizon Dr. NE
5101-09 Horizon Dr. NE
5060 Hughes St. NE
6370-80 Hwy 65 NE
190 Island Park Dr. NE
191 Island Park Dr. NE
1
1
1
4
4
2
3
4
4
12
12
12
1
1
1
1
1
1
2
2
1
1
4
60
60
60
60
2
2
2
2
1
1
1
1
1
1
1
5
5
1
16
12
12
Ruth Chacey
Aaron Moser
Fred Hillyer
Roger & Faye Femrite
Roger & Faye Femrite
Samir Awaijane
Kevin A. Auge
Jack & Karen Kozer
Jack & Karen Kozer
Nathan & Darlene Schwartz
Nathan & Darlene Schwartz
Nathan & Darlene Schwartz
Eric Plut
Andrew & Christina McCarthy
Billie Jo Erickson
Thomas Stuart
White Tiger Real Estate
Stacy Neudahl
Bob & Frankie Fetrow
Wayne G. Confair
Andrew Johnson
Clyde D Meidinger
David & Jean Morisette
KMS Management, Inc
KMS Management, Inc.
KMS Management, Inc.
KMS Management, Inc.
John Schudi
Ted Raines
Tom Schaff
John R. Zielinski
Bradley & Patricia L Sequin
Value Homes, LLC
Allen Hoffer
Cynthia Brown
Shane Amundson
Desiree & Neville Gopie
NWDFC
Bigos Properties
Helena Bigos
JK Rental Properties, Inc.
Samir Properties
Serene Homes, LLC
Serene Homes, LLC
page 3 of 5
ProplD: Property Address Units Owner
1058
1783
1767
1375
1376
1842
1388
1377
1494
1381
1382
1628
1390
1551
1383
1384
1385
1386
1764
1854
1549
1060
1059
1514
1394
1650
1762
1629
1395
1837
1745
1843
1717
1761
1758
1738
1757
1737
1613
1603
1795
1806
1422
1424
1425
6330 Jefferson St. NE
5230 Lincoln St. NE
129 Logan Pkwy. NE
995 Lynde Dr. NE
7400 Lyric Ln. NE
5381 Madison St. NE
4020-22 Main St. NE
4030 Main St. NE
4615 Main St. NE
5835-37 Main St. NE
5961 Main St. NE
5971-73 Main St. NE
5981-83 Main St. NE
6007 Main St. NE
6011 Main St. NE
6019 Main St. NE
6021 Main St. NE
6035 Main St. NE
7603 Meadowmoor Dr.
212 Mercury Dr. NE
117 Mississippi PI. NE
120 Mississippi PI. NE
140 Mississippi PI. NE
157 Mississippi PI. NE
160 Mississippi PI. NE
1140 Mississippi St. NE
1314 Mississippi St. NE
365 Mississippi St. NE
460 Mississippi St. NE
1601 N Innsbruck Dr.
1601 N Innsbruck Dr.
1601 N Innsbruck Dr.
1601 N Innsbruck Dr.
1601 N Innsbruck Dr.
1124 Norton Ave. NE
1136 Norton Ave. NE
1140 Norton Ave. NE
1150 Norton Ave. NE
1169 Norton Ave. NE
1171 Norton Ave. NE
1284 Norton Ave. NE
1590 Onondaga St. NE
610 Osborne Rd. NE
630-650 Osborne Rd. NE
670-690 Osborne Rd. NE
1
1
1
32
8
1
1
3
1
2
1
2
2
1
4
4
4
4
1
1
4
4
4
4
4
1
1
1
103
1
1
1
1
1
1
1
1
1
1
1
2
1
9
34
34
Neal Dasrath
NWDFC
Chance Investments, LLC
Moore Lake Apts, LLC
William A. Shaw
Robert W. Hassman
Evelyn Cornelius
Christopher Kruger
Sandra Bullock
Paul Slesar
Rhett Trotter
Realrs Properties, LLC
Allen Hoffer
Anita Oomrow
UTone, LLC
Cady Investment Co
Cady Investment Co
The Schaff
Brian Carion
Matthew Semerad
Mutombo & Muswamba
Mutumbo & Muswamba
Enes Gluhic
Floyd Nelson
Chris Zelevarov
NV Group, LLC
1314 Mississippi, LLC
Christine Bridgeman
Fridley Apartments
William & Stacy Bauer
Ross Bleichner
Stephen Varichak & James Surdyk
Tom Kuykendall
Phyllis A. Reha
Azeem Begum
Mohamed Said Zaro
Sadaf Syed
Mohamed Said Zaro
Hampton Industries, LLC
Mohamed Said Zaro
1284 Norton Apts, LLC
David Ajax
Cedar Management
Cedar Management
Cedar Management
page 4 of 5
ProplD: Property Address Units Owner
1427
1428
1769
1436
1797
1619
1634
1492
1083
1439
1519
1623
1793
1743
1766
1408
1840
1869
1558
1455
1442
1443
1444
1862
1472
1457
1458
1445
1462
1459
1463
1574
1491
1419
1792
1855
1828
1863
1838
91 Osborne Rd. NE
174-176 Pearson Way
101 Pilot Ave. NE
5650-60 Polk St. NE
1590 Rice Creek Rd. NE
616 Rice Creek Terrace
740 Rice Creek Terrace
155 Rickard Rd. NE
6291 Riverview Terr. NE
6471-77 Riverview Terr.
6472 Riverview Terr. NE
6496 Riverview Terr. NE
8121 Ruth Circle NE
8140 Ruth Circle NE
1553 S Oberlin Circle
1556 S Oberlin Circle
1055 S. Fillmore Cir. NE
1536 S. Timber Ridge
1548 S. Timber Ridge
6100-02 Star Ln. NE
6110-14 Star Ln. NE
6150-56 Star Ln. NE
6160-64 Star Ln. NE
6131 Starlite Blvd. NE
6170 Starlite Blvd. NE
6412 Starlite Circle NE
6420 Starlite Circle NE
6421-23 Starlite Circle NE
6422 Starlite Circle NE
6430 Starlite Circle NE
6432 Starlite Circle NE
6433-35 Starlite Circle NE
6241 Sunrise Dr. NE
6210 Trinity Dr. NE
5821 University Ave. NE
7417 University Ave. NE
5626 W Bavarian Pass
6805 Washington St. NE
6128 Woody Ln. NE
1
2
1
32
1
1
1
1
1
3
2
1
1
1
1
1
1
1
1
2
2
1
2
1
1
1
1
2
1
1
1
2
1
1
1
1
1
1
1
Ken Suddard-Bangsund
Juan & Lori Castro
Robert Good
MMZ Properties, LLC
Trung Bui
Nathan Bushey
Stephen & Marie Mondy
Dan Saplis
Ray Ellis
Chris Zelevarov
Narine's Properties, LLC
Thuy Bui
PK Investments, LLC
Cedar Development, LLC
Thomas Stuart
Bradley & Barbara Shofner
Julie Liveringhouse
Nathan Kuznia
Thomas Stuart
Tim & Elizabeth Dold
Tom & Janet Dold
Mike & LaDawn Severin
Jeffrey Harris
Jodi LaLiberte
Mohamed Ali Nor
Gary Wellner
Steven & Barb Zawadski
Gary Wellner
Steve & Barb Zawadski
Steve & Barb Zawadski
Steve & Barb Zawadski
Jamey Viger
Marlys Hermansen
CART Real Estate
Claire Scott
Steven Steffenson
Ermias Weldetensay
Jose Lema
Clairmont LiaBraaten
Total # of Licenses for approval is 215
page 5 of 5
�
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 13, 2009
ESTI MATES
Colt Construction Services, LLC
285 Forest Grove Drive, Suite 126
Pewaukee, WI 53072
85th Avenue Trail Proj ect No. ST. 2007-4
Estimate No. 5 ........................................
Ellingson Drainage, Co.
P.O. Box 68
West Concord, MN 55985
2009 Watermain Rehabilitation Project No. 386
EstimateNo. 1 .............................................................................
Veit & Company, Inc.
14000 Veit Place
Rogers, MN 55374
2009 Sanitary Sewer Lining Project No 383
EstimateNo. 1 .............................................................................
$ 86,124.52
$122,575.87
$156,334.00
�
�
�ffY �F
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
July 13, 2009
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
June 30, 2009
Public Hearing to Amend Chapter 7 of the Fridley City Charter
Due to the unallotment of local government aid and market value homestead credit by the Governor
of Minnesota in December of 2008, the City Manager and staff inet with the Fridley Charter
Commission in February to begin addressing the financial needs of the City. While the Charter
Commission felt an amendment may be necessary, they wanted additional time to study the issue and
propose an amendment to the City Council.
After additional cuts were proposed by the Governor in June, staff began reviewing the charter to see
if the City Council could call a special election if they felt the need to increase the tax levy or create
or increase new fees. In discussing the issue with the city attorney, staff found the City Council
could only go to the voters during a regular municipal election. Because of the urgency, staff brought
an amendment to the Charter Commission who recommended approval at a special meeting held June
10, 2009 by a vote of 8-2.
If adopted, the amendment would allow the City Council to call for a special election to increase the
tax levy or to increase or create new fees and change the 51% of the votes cast at said election to a
maj ority of those votes cast on said question.
State law states if an amendment is adopted by ordinance, the amendment must receive a public
hearing with the text of the proposed amendment published at least two weeks, but not more than one
month after the notice is published. The public hearing notice was published in the Fridley SunFocus
on June 25, July 2; and July 9, 2009, as shown in Attachment 1.
Staff recommends holding the public hearing on the proposed charter amendment, as shown in
Attachment 2.
Attachment 1
City of Fridley
Public Hearing Notice Before the City Council
Amendment to City Charter
(Legal Publication)
Notice is hereby given that there will be a public hearing by the Fridley City Council on Monday,
July 13, 2009 at 7:30 p.m. at the Fridley Municipal Center, 6431 University Avenue NE in Fridley,
Minnesota, for the purpose of taking public testimony on the following proposed amendment to the
City Charter:
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CHARTER
WHEREAS, the City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes
Section 410 and its own City Charter, has the power to amend its Charter; and
WHEREAS, after review and recommendation of the Charter Commission, the City Council has
determined the current language of the charter related to restrictions on the tax levy and fee restrictions
may cause deep and significant harm to the finances of the City and that a change in charter language is
necessary to mitigate future harm from being caused by the charter to the City's finances.
IT IS HEREBY ORDAlNED THAT THE CHARTER BE AMENDED AS FOLLOWS:
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES
Section 7.02. POWER OF TAXATION
2. The City Council may also levy a tax against real and personal property
addition to said limit as defined in paragraph 1 provided the Council shall:
A. Adopt a resolution declaring the necessity for an additional tax levy
purposes for which such additional tax levy is required.
within the City in
and specifying the
B. Hold a public hearing pursuant to three (3) weeks' published notice in the official
newspaper of the City setting forth the contents of the resolution described in Subdivision
A.
C. Adopt after such public hearing a resolution by an affirmative vote of a least four (4)
members of the Council which shall be presented as a clear and concise 'plain language'
ballot question at � a special or regular municipal election.
D. The additional tax levy shall take effect if � a maj oritX of the votes cast on the ballot
ueq stion at said election are in favor of its adoption.
Any persons desiring to be heard shall be given an opportunity at the above stated time and
place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763-572-
3523.
Hearing impaired persons planning to attend who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than
Monday, July 6, 2008. The TDD number is 763-572-3534.
/s/ Debra A. Skogen, City Clerk
Published in the Fridley Focus News on June 25, July 2 and July 9, 2009.
Attachment 2
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CHARTER
WHEREAS, the City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes
Section 410 and its own City Charter, has the power to amend its Charter; and
WHEREAS, after review and recommendation of the Charter Commission, the City Council has
determined the current language of the charter related to restrictions on the tax levy and fee restrictions
may cause deep and significant harm to the finances of the City and that a change in charter language is
necessary to mitigate future harm from being caused by the charter to the City's finances.
IT IS HEREBY ORDAlNED THAT THE CHARTER BE AMENDED AS FOLLOWS:
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES
Section 7.02. POWER OF TAXATION
2. The City Council may also levy a tax against real and personal property within the City in
addition to said limit as defined in paragraph 1 provided the Council shall:
A. Adopt a resolution declaring the necessity for an additional tax levy and specifying the
purposes for which such additional tax levy is required.
B. Hold a public hearing pursuant to three (3) weeks' published notice in the official
newspaper of the City setting forth the contents of the resolution described in Subdivision
A.
E. Adopt after such public hearing a resolution by an affirmative vote of a least four (4)
members of the Council which shall be presented as a clear and concise 'plain language'
ballot question at � a special or regular municipal election.
F. The additional tax levy shall take effect if � a maj oritX of the votes cast on the ballot
ueq stion at said election are in favor of its adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY
OF 2009.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading
Second Reading
Publicarion
�
�
�ffY �F
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
July 13, 2009
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
June 30, 2009
First Reading of an Ordinance Amending Section 7.02 of the Fridley City Charter
As presented at the public hearing, due to the unallotment of local government aid and market value
homestead credit by the Governor of Minnesota in December of 2008, staff began discussions with
the Charter Commission to review and possibly amend the Charter so it would not be so restrictive.
The Charter Commission began reviewing the issue but felt more time was needed to address the
issue.
After additional unallotments were made in June, staff discussed the possibility of the City Council
having a special election to ask the voters for a tax levy increase with the City Attorney. Staff found
the City Council could only go to the voters during a regular municipal election. Based on the
urgency and pending financial crisis of the City, staff brought a proposed amendment to the Charter
Commission who recommended approval at a special meeting held June 10, 2009 by a vote of 8-2.
The City Council scheduled the public hearing for July 13th and the public hearing notice was
published in accordance to state law.
If adopted, the amendment would allow the City Council to call for a special election to increase the
tax levy or to increase or create new fees and change the 51% of the votes cast at the election to a
maj ority of those votes cast on said question.
The public hearing has been held earlier in the evening and public testimony has been taken. Based
on those findings, staff recommends holding the first reading on the proposed charter amendment, as
shown in Attachment 1.
Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CHARTER
WHEREAS, the City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes
Section 410 and its own City Charter, has the power to amend its Charter; and
WHEREAS, after review and recommendation of the Charter Commission, the City Council has
determined the current language of the charter related to restrictions on the tax levy and fee restrictions
may cause deep and significant harm to the finances of the City and that a change in charter language is
necessary to mitigate future harm from being caused by the charter to the City's finances.
IT IS HEREBY ORDAlNED THAT THE CHARTER BE AMENDED AS FOLLOWS:
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES
Section 7.02. POWER OF TAXATION
2. The City Council may also levy a tax against real and personal property within the City in
addition to said limit as defined in paragraph 1 provided the Council shall:
A. Adopt a resolution declaring the necessity for an additional tax levy and specifying the
purposes for which such additional tax levy is required.
B. Hold a public hearing pursuant to three (3) weeks' published notice in the official
newspaper of the City setting forth the contents of the resolution described in Subdivision
A.
C. Adopt after such public hearing a resolution by an affirmative vote of a least four (4)
members of the Council which shall be presented as a clear and concise 'plain language'
ballot question at � a special or regular municipal election.
D. The additional tax levy shall take effect if � a maj oritX of the votes cast on the ballot
ueq stion at said election are in favor of its adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY
OF 2009.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: July 13, 2009
First Reading
Second Reading
Publicarion
� AGENDA ITEM
� CITY COUNCIL MEETING OF JULY 13, 2009
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS