09/14/2009 - 4542�
� CITY COUNCIL MEETING OF SEPTEMBER 14, 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:
Dr. Don Helmstetter, Superintendent, School District 16
Renee Hamdorf, Fire Captain - Sudden Cardiac Arrest/Public Access Defibrillation
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 24, 2009
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission
Meeting of August 19, 2009 ............................................................................ 1- 9
2. Special Use Permit Request, SP #09-09, by Kurt
Manufacturing Company, to Allow Limited
Outdoor Storage in the Rear Yard of their Property,
Generally Located at 5280 Main Street N. E. (Ward 3) .................................... 10 - 17
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Consenting to the Housing and
Redevelopment Authority in and for the City of
Fridley, Minnesota, Adopting a 2009 Tax Levy
Collectible in 2010 ................................................................................................. 18 - 20
4. Resolution Approving Agreement with Anoka
County for a Roadway License for Siverts Lane
(Ward 2) ............................................................................................................ 21 - 25
5. Resolution Requesting No Parking Signs on
East River Road from I-694 to Mississippi Street
(Ward 3) ............................................................................................................ 26 - 27
6. Claims (143083 — 143330) ................................................................................... 28
7. Licenses ............................................................................................................. 29 - 30
8. Estimates ............................................................................................................. 31
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 3
OLD BUSINESS:
9. Resolution Certifying Proposed Tax Levy
Requirements for 2010 to the County of Anoka
(Tabled August 24, 2009) ..................................................................................... 32 - 34
10. Consideration of a Revision for Special
Use Permit, SP #09-01, by Glenn Nelson,
for Samir Awaijane, of 7570 Inc., (Sam's
Auto World), for Automobile Repair for a
Multi-Tenant Business, Generally Located
at 7570 Highway 65 N.E. (Ward 2)
(Tabled August 10, 2009)
and
Resolution Approving Modifications to
Special Use Permit, SP #09-01, for Sam's
AutoWorld ............................................................................................................ 35 - 38
NEW BUSINESS:
11. Approve Comprehensive Sign Plan for
Sam's Auto World, Generally Located at
7570 Highway 65 N.E. (Ward 2) ........................................................................... 39 - 41
12. Special Use Permit Request, SP #09-08, by
RSP Architects on Behalf of Totino-Grace
High School, to Allow the Construction of an
Addition to the School Building, Generally
Located at 1350 Gardena Avenue N. E. (Ward 2) ................................................. 42 - 49
13. Informal Status Report .......................................................................................... 50
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
AUGUST 24, 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
Rick Pribyl, Finance Director
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jim Kosluchar, Public Works Director
Don Abbott, Chief of Police
PRESENTATION:
Kyle Knutson, GI Code Enforcement, presented his findings on code enforcement over his
summer internship with the City of Fridley.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 10, 2009.
APPROVED.
NEW BUSINESS:
1. Resolution to Vacate a Portion of 61st Way Right-of-Way Only to Allow for the
Construction of the Northstar Park and Ride Lot, Generally Located at 6151 West
River Road N.E. (Ward 3).
William Burns, City Manager, stated residents who live on 61 '/z Way have been involved in the
planning of the station site and appear to be in agreement with the rerouting of traffic. On July
15, the Planning Commission held a public hearing on the proposed street vacation and
unanimously recommended approval, subject to two stipulations. Staff recommends Council's
approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 2
2. Motion to Allow the Removal of Four Trees to Accommodate the Placement of an
Electronic Message Center Sign in an S-2 District, District, Generally Located at 6341
University Avenue N.E. (Ward 1).
William Burns, City Manager, said four trees are located near the intersection of Fourmies
Avenue and the University Avenue Service Drive. Originally, Fairview Health Services
approached the City asking to install a Fairview sign on land designated for public parking.
Since a purely private sign could not legally be installed on public property, Fairview ultimately
offered to construct a 120 square foot sign with their name and logo on bottom 38 square feet.
The remaining 82 square feet would be used for City purposes and will include an electronic
reader board for displaying community messages.
Dr. Burns said under the terms of the pending lease agreement, the sign will be the property of
the City and access to it will be under exclusive City control. Both the Parks and Recreation
Commission and the Planning Commission have approved the removal and replacement of the
four trees as required by City ordinances. Staff recommends Council's approval.
APPROVED.
3. Motion to Approve the Articles of Incorporation and Bylaws of Minnesota Metro North
Tourism and Appoint Debra Skogen, City Clerk, to Serve as the Representative from
the City of Fridley.
William Burns, City Manager, stated on April 18, 2009, Council adopted a resolution allowing
the City to opt out from its agreement with Visit Minneapolis North, a local convention and
visitors bureau. Other cities opting out included Arden Hills, Anoka, Blaine, Coon Rapids, Ham
Lake, Mounds View, and Shoreview. These cities have been meeting since April to draft new
bylaws. Coon Rapids has taken the lead in orchestrating this group.
Dr. Burns said the new Convention and Visitors Bureau will be funded by the proceeds of the
3% lodging tax collected in the participating communities. Based upon its contribution, Fridley
will be allowed one Board member. Assuming approval of the bylaws and the appointments to
the Board, it will be functioning prior to the end of 2009. Staff recommends Council's approval.
APPROVED.
4. Claims (142899 —143080)
APPROVED.
5. Estimates
Colt Construction Services, LLC
285 Forest Grove Drive, Suite 126
Pewaukee, WI 53072
85th Avenue Trail Proj ect No. ST. 2007-04
Estimate No. 7 ... ... ... ... ... ... ... ... ... ... ... ... ... ....$23,396.97
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item No. 1 be removed from the consent agenda.
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
No. 1. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 1.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Mayor Lund said residents who like to have recreational fires need to follow the restrictions for
said fires. There should be no fires past midnight, the fire needs to be small, and residents
should only use dried, cured wood to reduce the smoke so it is not a nuisance to neighbors.
Residents could be sited if smoke gets into the household of neighbors. Please be neighborly
when having recreational fires.
Councilmember Bolkcom announced that on September 13 there will be a 30th Year Banfill-
Locke Center of the Arts Celebration from 10 a.m. to 4 p.m. There will be a lot of entertainment
for children and a great fun day is planned.
Mayor Lund said that the Central Center for Family Resources is a center that helps families
deal with mental health issues. He said he will be participating in a fundraiser by spending a 24-
hour period of time on a roof in their building in Fridley on September 13. Each Mayor
participating has a goal to raise $2,500.
OLD BUSINESS:
6. Review On-Sale Intoxicating Liquor License for William J. Bisek of JWBB, Inc., d/b/a
Baggan's Pub, Located at 3720 East River Road (Ward 3)
Don Abbott, Chief of Police, said that on April 13, 2009, City Council reviewed the renewal of
the on-sale intoxicating liquor license for JWBB Inc., d/b/ Baggan's Pub. The license was
reviewed due to stipulations that were placed on the liquor license on September 26, 2008. The
stipulations at that time were:
1. To continue to maintain the food to liquor ratio;
2. To work with the police department to provide a safe environment for staff and
patrons;
3. To have staff contact police when requested or needed;
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 4
4. To have staff inembers working in capacity of management to apply for managerial
license;
5. To pay the delinquent property taxes;
6. To operate business as original license stated by not allowing another establishment
to take over the north side of the business; and
7. To maintain the business according to City Code.
Chief Abbott said on April 13, 2009, staff recommended non-renewal based on the following
information:
1. The escalation of police calls and violence occurring on the property;
2. The appearance of the operation of another establishment promoting events in the
north side of the business;
3. Staff's concern about appearance of certain revenues not being included in the overall
gross sales for food to liquor.
Chief Abbott said after reviewing all of the information from staff and the applicant, the renewal
license was continued to April 27, 2009. After receiving additional information and taking
additional testimony from the applicant and his attorney, the City Council approved the renewal
of the liquor license with the following conditions:
1. That the City Council will review the license August 24, 2009, to monitor the food to
liquor ration of the business and public safety concerns;
2. That if there are significant changes in the operation of the business or in the overall
order, peace and safety at the location, this will be grounds for a public hearing for
immediate license revocation by the City;
3. Any serious crime occurring prior to the August 24tn review is grounds for an immediate
public hearing for license revocation by the City;
4. Provide a monthly income statement similar in format to the 12-month profit and loss
statement provided in the April 16, 2009, written materials, showing transparency of the
flow of financial resources of the business; and
5. That the licensee meets monthly to review security and financial information with staff.
Chief Abbott said staff has met with the applicant monthly over the past four months to address
financial and security information at Baggan's Pub. Over the course of the past four months, the
financial food-to-liquor ratio has been maintained between 45 to 46% of gross food sales. The
applicant has incorporated different food specials including crab legs, prime rib and barbequed
ribs. As of July 31, 2009, the gross food sales for the year was $244,903 and the gross liquor
sales was $287,881 showing 46% gross food sales.
Chief Abbott said City staff reviewed police calls with Baggan's ownership and management
during each monthly meeting. Police stressed the importance of Baggan's staff security detail
calling in problems on the property to send a clear message that they would not tolerate disorder
on the premise. In the four months leading up to the Council Meeting on April 27, police
responded to 34 calls for service including three felony level assaults. In the three months
following that meeting, the number of calls decreased to 25 with the more recent summer months
having the lower numbers of calls. Only one felony level assault is known to have occurred. That
incident occurred June 25 when Baggan's staff called police to report shots fired in the parking
lot. No one was injured in this incident and the victim was not cooperative with police.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 5
Chief Abbott reviewed the 2009 Calls for Service: January - 4(including 1 felony assault), February
- 4, March - ll(including 2 felony assaults), April - 17, May - 10, June - 7(including 1 felony assault),
and July - 6. The total calls for 2009 from January 1 through July 30 were 59.
Chief Abbott said due to the decreasing number and nature of the calls, approximately 1.75 calls
per week, the Police Department expects to see no more than 97 calls in 2009. If that rate were to
hold for all of 2010, we could expect 91 calls for that year. Overall, Baggan's appears to be
following their security plan. Of particular note is the significant increase in the proportion of
police calls that are now originating from Baggan's staff. Earlier this spring, only 22% of police
calls originated from employees. Since the Council meeting of April 27, 65% of calls were made
by their staf£ Baggan's has repaired exterior lighting and continues to employ uniformed
security guards to patrol their parking lot.
Chief Abbott said since Baggan's Pub has complied with the stipulations of the license by
meeting the gross food to liquor sales and decreasing the number and nature of police calls, staff
is recommending that the meetings with the applicant change from monthly to quarterly, as long
as the incidents remain leveled off and nonviolent and the stipulations on the 2009-2010 license
remain.
Chief Abbott said that Baggan's Pub is delinquent in sales tax and until this is paid intoxicating
liquor cannot be purchased for resale. Mr. Bisek is working to make payment arrangements.
Councilmember Bolkcom asked for clarification that the license cannot be revoked due to non-
payment of taxes.
Fritz Knaak, City Attorney, said that is correct. A new license could not be granted if it was for
anew applicant but this situation is for review, not renewal.
Councilmember Bolkcom asked when the license is up in April if the taxes were not up-to-date,
they could not renew the license.
Attorney Knaak said that is correct.
Councilmember Bolkcom asked if anyone could purchase intoxicating beverages for Mr. Bisek
to sell at his establishment.
Attorney Knaak answered legally, no.
Mayor Lund said that a favorable report came back from the Police Department but it sounds
like the establishment is struggling financially to make things work.
William Bisek, 3720 East River Road, clarified the question Councilmember Bolkcom had
about purchasing liquor from someone else rather than a distributor for resale and said that
would be illegal. Baggan's Pub was posted on the liquor "black list" and this is unfortunately a
common problem within the industry. This happens for a number of reasons, and part of their
issue is the added expense for security and some of the changes that had to be made in the
establishment. A number of things account for the shortfall and currently there is enough
inventory to sell intoxicating beverages for about two weeks. He plans on being caught up with
the taxes this week, so he will be able to purchase from distributors shortly thereafter.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 6
Councilmember Bolkcom asked if distributors get a copy of the list.
Mr. Bisek answered yes, the list is sent out to the distributors once a week. We are very closely
regulated and they are on top of everything we do. If you are on the list, the distributors are not
allowed to come on the property. If the distributor gets caught coming on the property they will
get fined.
Councilmember Bolkcom said Mr. Bisek needed to make improvements for a safer
establishment and commended the good job that was done. Council will continue to look at how
the business is going and the Police Department will continue to monitor activities. If
unacceptable reports arise Council will be made aware of what is going on. Hopefully the issues
related to the tax problems can be worked out.
Mayor Lund asked if staff would have knowledge when Mr. Bisek is removed from the list.
Chief Abbott said they are not notified by the State but the City Clerk will have information on
this issue and can check on the status.
Mr. Bisek said he would bring a receipt to Ms. Skogen when he is removed from list.
Deb Skogen, City Clerk, said the State will take them off list two days after the taxes are paid.
Information can be found online and will be updated daily. Staff will watch the site and inform
Council when he is removed from the list.
Councilmember Bolkcom asked how this information was found out for tonight.
Mr. Skogen said the information was seen in the newspaper article and a link to the website was
listed. She notified Mr. Bisek right away and he said he would communicate the information
back to the city.
7. Approve Antenna Site Lease Agreements Between the City of Fridley and TTM
Operating Corporation, Inc., for Water Tower No. 1 and Water Tower No. 2(Tabled
August 10, 2009)
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Jim Kosluchar, Public Works Director, said at the August 10, 2009, Council meeting, the lease
agreement was reviewed and was tabled. Staff understands that if there were inflationary
increases in the coming years, the City would recover. Staff has worked with TTM and they
have advised that the CPI annual adjustment would be preferable and acceptable to them. The
CPI annual adjustment along with the minimum 3% annual adjustment has been included in the
revised TTM leases. Staff recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 7
Councilmember Saefke noted typographical errors in the agreement under "Rent." In the first
paragraph "equal to" is repeated twice and in the second paragraph change "shall e" to "shall
be".
MOTION by Councilmember Bolkcom to approve the Antenna Site Lease Agreements between
the City of Fridley and TTM Operating Corporation, Inc., for Water Tower No. 1 with the
typographical errors corrected. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
MOTION by Councilmember Bolkcom to approve the Antenna Site Lease Agreement between
the City of Fridley and TTM Operation Corporation, Inc., for Water Tower No. 2 with the
typographical errors corrected. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. Resolution to Vacate a Portion of 61st Way Right-of-Way Only to Allow for the
Construction of the Northstar Park and Ride Lot, Generally Located at 6151 West
River Road N.E. (Ward 3).
Councilmember Bolkcom asked if this item is being treated any different than other petitioners
who have been before Council in the past.
Scott Hickok, Community Development Director, said this item is being treated identically.
Councilmember Bolkcom asked about the delays related to the two stipulations.
Mr. Hickok said staff wanted to make certain all agencies and utilities running through the area
were protected. The added time was necessary to make sure everything was in place related to
the stipulations.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-31 with the following two
stipulations:
1. Petitioner shall provide utility easements legal description within vacation area to be
filed upon approval of the vacation request.
2. Petitioner shall provide north/south access easement legal description to be filed upon
approval of the vacation request.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 8
PUBLIC HEARING:
8. Preliminary Assessment Hearing on Street Rehabilitation Project No. ST 2009-02.
MOTION by Councilmember Saefke to waive the reading of the public hearing notice and open
the public hearing. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPENED AT
8:20 P.M.
James Kosluchar, Public Works Director, said this is the fifth year under the City's major
maintenance program for asphalt streets that have concrete curb and gutter. This program was
developed to rehabilitate the deteriorated asphalt surface on a recurring schedule. The program
targets the condition of pavements where pothole patching, crack sealing, and sealcoating are no
longer sufficient to efficiently maintain a quality surface.
Mr. Kosluchar said the poor condition rating of streets gives initiative to a rehabilitation proj ect.
Factors used to establish the condition rating based on annual inspections include: surface wear,
weathering, skid resistance, uniformity, crack size and condition, and ride quality. Other factors
that affect prioritization of projects include the street does not require reconstruction to meet
standards (base, width, curbing, etc.), the time since last major maintenance, the interim
maintenance work performed/required, the need for utility construction, the adj acent proj ect
activity and the source(s) of funding available.
Mr. Kosluchar said the recommended work is for 61St Avenue and Moore Lake Drive to receive
2" mill and overlay (except University Avenue to 7th Street), pedestrian/bikeway improvements
and minor underground utility repairs to precede the mill and overlay. The approximate
schedule to complete the mill and overlay will be about 4 weeks, and they hope to start/finish in
October. If all goes as planned, the utility work would begin in August 2009, the bids for
repaving would be opened in September 2009, construction would begin in October 2009,
construction completed in November 2009 and the public hearing to set the special assessments
and start the assessment payments in 2011 would be scheduled in October 2010.
Mr. Kosluchar said the property owners were sent a mailing on August 10 which included the
notice of an open house which was held on August 18, 2009 (there were 12 attendees and three
City Council members present), the notice of a public hearing to be held on August 24, 2009, and
a proj ect questionnaire which was mailed on August 19, 2009.
Mr. Kosluchar said the estimated project cost is $463,000. The breakdown of the funds is as
follows: $265,000 from ARRA/Fridley Municipal State Aid account; $182,000 special
assessment to adjacent properties (39%) ($147,000 to commercial properties and $35,000 to
residential properties); $5,000 from the Water Utility Fund; $5,500 from the Sanitary Sewer
Utility Fund; and $5,500 from the Storm Water Utility Fund.
Mr. Kosluchar reviewed the calculation process for non-R1/R2 property assessments. The
assessable frontage is measured adjacent to street and set back 35' from the property line. The
non-R1/R2 assessment is calculated by dividing the total cost by length of property frontage to
determine the cost per foot. Non-assessable property is covered by the City, not the property
owners. The estimated cost per center line foot is determined to be approximately $74. Each
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 9
side of the street pays 50% of the cost per center line foot to resurface the street or $37 per lineal
foot.
Mr. Kosluchar said the residential properties addressed on the street being rehabilitated are
assessed. If the property is addressed on a state highway or county road, they will be assessed
with the neighborhood. Corner lots are assessed on one side only. The assessment is based by
dividing the total of mill and overlay costs serving residential area by the number of residential
properties.
Mr. Kosluchar said that City Council will be considering a policy modification that twin homes
and double bungalows should contribute the equivalent of 1.5 properties if they have only one
property identification number. The R1/R2 property assessment is estimated at $1,380 per unit.
Mr. Kosluchar stated that properties on the south side of East Moore Lake Drive are assessed
based on area for the southerly half of the roadway, as there are non-adjacent properties with
direct access.
Mr. Kosluchar reviewed the three payment options. Option 1 would be to pay a lump sum
within 30 days of the final assessment hearing. Option 2 would involve adding an amount to
property taxes that are paid over 10 years with an interest rate to be determined (typically 6.5 to
7.0%). Option 3 is for senior citizens meeting certain criteria. They may request to have the
assessment deferred until the future sale of the property. Interest does accrue until the property
is sold.
Mr. Kosluchar said that if residents have any questions regarding the City project, they may
contact either James Kosluchar, Director of Public Works, at 763-572-3550,
koslucharj�a�ci.fridley.mn.us or Layne Otteson, Assistant Director of Public Works, 763-572-
3551, ottesonl(a�,ci.fridlev.
MOTION by Councilmember Varichak to receive a letter from Connie Metcalf dated August
21, 2009. Second by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Councilmember Varichak asked when a road is repaired, how long it would be until it is
repaired again.
Mr. Kosluchar said heavy use of the road is a factor, but the City is trying to get 40 years out of
a repaired road. The plan is 20 to 30 years between resurfacing. The City does not reconstruct a
street just because the street is old. Sealcoating is done on an eight-year cycle for maintenance in
the interim. The goal is to try not to let the streets get too far out of condition so more costly
road reconstruction is needed.
Councilmember Varichak asked how this section of street was selected for stimulus funding.
Mr. Kosluchar said this area is in a group of projects scheduled for 2010, and it also has a lot of
public property which helped with the decision to apply stimulus funding.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 10
Councilmember Bolkcom said this project was slated for 2010 and was moved up because of
the Stimulus program which is why the neighborhood was not notified ahead of time. She asked
if this project had been done in 2010, if City staff would have started working on plans before
the neighborhood meetings.
Mr. Kosluchar said this work has been accelerated. Even looking out five years, staff has to
look at the financial and technical perspective.
Councilmember Bolkcom said this project is helping the City because of the Stimulus Funds
that were received. There is not a lot of time and a project needed to be underway to be
considered so other parts of the City were not looked at.
Mr. Kosluchar said other candidates were identified but not selected. Staff was not notified that
this project was approved until June, so staff has been scrambling on this project since that time.
Councilmember Bolkcom said this segment was chosen because there is a fair amount of public
property in the area. She asked if other projects were done similar to this and if the assessment
policy related to residential and commercial properties was similar to other projects.
Mr. Kosluchar replied yes, assessments are all applied the same.
Councilmember Bolkcom asked if staff had reviewed neighboring community assessments.
Mr. Kosluchar said yes and the City of Fridley was in the middle of the range. Since 2005,
Fridley has been doing these projects on a consistent basis. Assessments have been rising due to
the price of oil which increases the project cost.
Councilmember Bolkcom asked if neighboring community assessments varied across the
board.
Mr. Kosluchar said they did.
Councilmember Bolkcom asked if the project would be finished in October and what would
happen if the proj ect was not completed until next year.
Mr. Kosluchar said he is concerned about bid approval and when staff can come to Council
with board recommendations because of the State criteria and other stimulus project
requirements. Staff has concerns that the proj ect will not get completed in the time frame they
had wanted.
Councilmember Bolkcom said asked if this work can be done if it is too cold.
Mr. Kosluchar said there are limits and temperature requirements. Staff is doing their best and
trying to be aggressive with time frames.
Councilmember Bolkcom asked if the Stimulus paperwork was completed on time but the
construction did not get done this year, if the proj ect would still meet the criteria for the Stimulus
funds.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 11
Mr. Kosluchar said yes.
Councilmember Barnette said he met with representatives from the High School and they were
concerned with the bike lanes and the possibility of no parking signs. The Middle School is also
changing the policy for parents who pick up students which also raises concerns. Also during
the Fridley football games they park along 61st Avenue. He asked if there was any resolution to
those concerns.
Mr. Kosluchar said he understands the school has proj ect concerns with their operation, and
staff needs to take that into account. Several operational items have been discussed to
accommodate them in project design, schedule and construction time frame.
Jerry Dold, 6073 3rd Street NE, had a question about what point the City breaks from residential
to commercial property. His estimated assessment for a three-unit building is $5,362.18 and he
is across from an 18-unit apartment whose assessment is $5,852.76. The difference is $490.58
between a 3-unit building and an 18-unit building. A double bungalow falls into residential and
because his unit has three units he feels he is being penalized. If possible he is asking for a
reduction.
Mr. Kosluchar said the current policy has a very distinct line. An R1/R2 property up to two
units is subject to residential assessment, but commercial assessments are still based on lineal
footage.
Mayor Lund said the 18-unit apartment must be subject to assessment on its narrow side. There
is no real good cut off from residential to commercial property.
Mr. Dold said his building is three single homes which would be about $3,900. He would even
be happy with that assessment. He was just stating his case and trying to understand justification
of his assessment.
Mayor Lund said the assessments are based on footage and the usage of the road.
Councilmember Bolkcom asked if there were any other triplexes in the area.
Mr. Dold said he owns the only triplex in the area. There is an 8-unit building that was
estimated at $4,900 and he was still several hundred dollars higher.
Mayor Lund asked Mr. Dold to give Council time to review this matter.
George Applebaum, Moore Lake Commons Shopping Center, 1001 East Moore Lake Drive,
said he is not in favor of this because he is looking at $31,000 in assessments to distribute to
tenants who are struggling to stay in business. Looking at the maps, 20 to 25% of the length of
this proj ect is residential assessments and the rest is commercial assessments.
Mayor Lund said Mr. Applebaum has a lot of footage on the road and residents are assessed
differently.
Mr. Applebaum said that it seemed like he was paying a higher percentage.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 12
Mayor Lund said a large percentage of the project is public land that is not assessed. With the
Stimulus funds, the project needs to get going or the City could lose the Stimulus money. This
was the next proj ect in line in anticipation for next year.
Mr. Applebaum said the Stimulus seems to help the City and residents but not commercial
property owners. The commercial property owners are paying for the entire proj ect of the road
in front of their property and they do not get any benefit.
Mayor Lund said if the Stimulus were taken out of the equation, commercial property owners
would pay the same assessment, but the Stimulus helps the City as the City will spend less out of
the road funds. If the City used the Stimulus to bring down the assessment it would be unfair to
others who have paid for their fair share in the past.
Councilmember Bolkcom said there is not much City-owned property but there is quite a bit of
public property like schools in this project. The HRA has property and they will have to pay an
assessment. The residential properties are being assessed just like other properties have been in
the past.
Councilmember Saefke said the commercial properties will benefit from having decent roads.
Mayor Lund said staff is trying to be consistent and fair. The basis for the assessment is
looking at the traffic that commercial businesses bring on the roads and assessing the total
amount of the road to commercial businesses.
Mr. Applebaum said 40% of the project is assessed and commercial property owners are paying
100% on their section.
Mr. Kosluchar said if the project was looked at in isolation, Mr. Applebaum is correct in that
they are assessed for their side of the road.
Mr. Applebaum said commercial business owners get no benefit from the City or state aid
funding.
Sam Stern, 247 3rd Avenue South, Minneapolis, said Council keeps referencing to the historic
relevance but it may be time to see if there is another model that works for everyone.
Commercial presence in Fridley enhances Fridley taxes. In terms of traffic, the count on East
Moore Lake Drive is 8,000 cars per day. The shopping center on a good day has 1,000 visits so
there is a lot of traffic that does not stop in the shopping center using the roads. The City is
asking commercial property owners to subsidize the improvement of a street that benefits the
community at large. It is unfair to commercial property owners to bear the brunt of this expense.
Councilmember Saefke asked if commercial property owners could pay their assessment over a
10-year period.
Rick Pribyl, Finance Director, said if the assessments are not prepaid, it could be paid over 10
years with the real estate taxes. Special assessments can be paid off at time during the 10-year
period and there is no penalty for early payoff.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 13
Kay Herrmann, 260 - 61st Avenue, said she was in favor of this project but was concerned with
the bike lane. She owns her home on 61st and if the bike lane is installed no one could park on
61st Avenue. The bike lane is a good thing but parking is also needed on the street.
Mayor Lund asked if a bike lane was going to be installed on both sides of the street.
Mr. Kosluchar said they were looking at that option and eliminating the parking on 61st
Avenue. Staff is looking for a way to accommodate both uses and possibilities include: parking
on one side and a bike lane on the other.
Shirley Schmitt, 870 West Moore Lake Drive, asked if staff could install the bike path on
another street that is not so busy. The street is needed for overflow parking because of the
church and guests of households. Asking them to give up the parking is a lot to ask for.
Mayor Lund asked if having a designated bike lane on one side with parking on the other would
be an option.
Ms. Schmitt said that was not an option on the survey.
Anne Schoolcraft, 851 West Moore Lake Drive, said that the section of road she lives on looks
pretty good but because the entire street needs to be done, they are along for the ride.
Mayor Lund said if the entire street is not done the street looks patchy. Staff looks at the
overall general view of the street.
Ms. Schoolcraft said there is a lot of traffic from school busses and the school is not
contributing to the assessment, which does not seem fair.
Mayor Lund said the schools are public and exempt. Tonight's meeting is to see if people agree
that the roads need to be done. It is not about the assessment.
Ms. Schoolcraft said the bike lanes are used frequently but the street parking is also very
valuable.
Mr. Kosluchar commented on the condition of the streets. When staff is looking into an area
where resurfacing is needed, some sections of the street could get by for a few more years but it
is unknown when the City will be back to this area. It could be another 10 to 12 years.
Councilmember Bolkcom said if the City took the worst roads and pieced them together
throughout the city, it could be hard to get a contractor interested. Usually a section of streets is
needed because it would cost more money to move staff and equipment around.
Mr. Dold asked if there would be a way to add a thicker layer in his area because the semi
trailers really beat up the road.
Mr. Kosluchar said that they would look to see what can be done to thicken that area by '/z inch.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Varichak.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 14
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:50.
NEW BUSINESS:
9. Resolution Ordering Final Plans, Specifications and Calling for Bids: 2009 Street
Rehabilitation Project No. ST 2009-02.
MOTION by Councilmember Varichak to approve Resolution No. 2009-32. Seconded by
Councilmember Bolkcom.
Councilmember Bolkcom asked staff to research how triplex buildings are assessed.
Mayor Lund said staff needs to look into a bike path verses parking and what was done in the
past for assessments. The value and amounts of preliminary assessments and other factors,
including traffic counts, need to be taken into consideration.
Councilmember Bolkcom asked staff to get the actual traffic counts on 61st Avenue.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Resolution Certifying Proposed Tax Levy Requirements for 2010 to the County of
Anoka.
Richard Pribyl, Finance Director, stated the proposed 2010 levy complies with both state law
and the City Charter requirements regarding inflationary increases and public disclosure. The
total proposed levy for 2010 is $10,299,707 or 8.73% more than the 2009 levy. The inflationary
increase associated with the City Charter levy increase for 2010 is 3.8%. The inflationary
increase for 2009 was 2.6%, but due to the statewide levy limits imposed during the 2008
legislative session, the 20091evy decreased from the 2008 amount by ($54,946).
Mr. Pribyl said the proposed levy restores the lost inflationary increment for 2009. This levy
includes $698,141 for 2005-2008 General Obligation debt. This levy is currently under the
statewide levy limit by $627,247. This is a"proposed" levy and is required to be provided to
Anoka County by Sept. 15.
Mr. Pribyl said during the 20091egislative session several significant changes were made to the
Truth-in-Taxation process: repealed requirements to hold a special Truth-in-Taxation public
hearing, continuation hearing and levy adoption; repealed requirement to publish a notice of a
Truth-in-Taxation hearing and proposed taxes; and newly adopted the opportunity to recertify the
final levy to account for unallotments affecting December aid and credit payments. Another
change regarding the Truth-in-Taxation process is that in lieu of the formal Truth-in-Taxation
hearing we were required to hold, we are now required to use a regularly scheduled council
meeting to discuss the budget and levy and make a determination on the final levy. This meeting
would need to be held between November 25 and December 26. The public would be allowed to
speak at this meeting regarding the budget and levy. As part of tonight's meeting, we are
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 15
required to announce the time and place of the subsequent regular meeting at which the budget
and levy will be discussed and the public is allowed to speak.
Mr. Pribyl said that in keeping with the new state law regarding budget hearings for the 2010
budget, we are announcing tonight that the public hearing for the 2010 Budget and tax levy will
be held on December 7 at 730 p.m. at the Fridley Municipal Center. We will also be holding the
second of two budget work sessions on October 19 at 6:00 p.m. in Meeting Rooms 1 and 2 at the
Fridley Municipal Center. Staff's recommendation is to approve the resolution certifying the
proposed tax levy requirements for 2010 as shown below:
General Fund $9,280,966
Agency Fund — Six Cities $ 6,200
Springbrook Nature Center $ 314,400
Bonded Indebtedness $ 698,141
Total Proposed Levy $10,299,707
Mayor Lund asked why the City is less than the state-imposed levy limits and why Fridley is so
far below that. With this budget, the City will be over $1.0 million short by taking reserve funds
to balance our budget.
Mr. Pribyl said when looking at the local levy limit, the levy approval is at $10 million without
taking into consideration some of the unallotments on the statewide limit to be used as an actual
levy.
Mayor Lund said with respect to the unallotments that were taken away from cities, in some
cases, the city can levy back the unallotments.
Mr. Pribyl said the City has not levied back those unallotments. The $10.9 million does not
take into consideration the unallotments. With the current Local Government Aid, about
$750,000 in transfers were made to the General Fund. With the changes that have been seen
recently with certified LGA and levy limit allocations, that is what the shortfall adds up to.
Mayor Lund said month to month it has been difficult and it is very hard to project if the City
will be black or red from year to year. The bottom line is the City keeps dipping into the
reserves and the reserves are diminishing very quickly. Council would like to keep some savings
for the City.
Councilmember Saefke commented it has been said that this City is able to collect all of their
unallotment and he wanted to make it clear that this is not really the case.
Mr. Pribyl said at this point in time, the City has not actually pursued those unallotments with
the local levy limit. Staff has discussed with the City Attorney but his feeling is the City can add
those amounts to the local levy limit. At this time the local levy has only been added to street
projects and annual inflationary increases.
Councilmember Saefke asked why the City is not attempting to recover the amount.
Mayor Lund said even with the local Charter restriction the City can add in the unallotments. If
this item were approved tonight, it does not include adding in the unallotments. Once this is
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 16
approved, the levy cannot be raised but it can be reduced. Because this information was just
received, maybe Council should take a look at adding in the unallotments and recommended
tabling this item until the next Council meeting.
MOTION by Councilmember Bolkcom to table this resolution until September 14, 2009.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
11. Resolution Adopting the Proposed Budget for the Fiscal Year 2010.
Richard Pribyl, Finance Director, said the certification of the "Proposed Budget" must be to the
County Auditor before September 15 in accordance with the newly enacted State law regarding
budget levies. The City is following all of the requirements laid out in Chapter 275 of the State
statutes and is also complying with Chapter 7.05 of the City Charter requiring that it be the
principal item of business at the last regular meeting of August.
Mr. Pribyl stated that for 2010, the economy continues to play a role in the difficulty of
developing departmental budgets that continue to provide the same level of service as provided
in the current year's budget. A major issue the City grapples with annually is the State's
economic condition and the loss or decertification of Local Governmental Aid (LGA). The City
has once again made many budget cuts, yet will continue to provide the same level of service.
Mr. Pribyl said the "2010 Proposed Budget" is being presented to you this evening along with a
resolution to approve it as a"Proposed" Budget for 2010. As in the past, the City Manager will
be providing to you with an in-depth overview of the 2010 Budget during the December 7
Council meeting in the form of a public hearing. The remaining steps in the budgeting process
are as follows:
• Council Budget work session held on October 19 (Second of two work sessions,
first was on June 15).
• Public Hearing on the Budget, December 7, which will include discussion on both
the levy and budget resolutions.
• Resolutions approving the 2010 Tax Levy and the Budget on December 14.
Mr. Pribyl said that the budget before you should be viewed as the "Proposed Budget" for 2010.
Staff recommends Council's approval.
MOTION by Councilmember Saefke to adopt Resolution No. 2009-33. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 17
12. Informal Status Report.
Councilmember Bolkcom has been asked why the Osborne Street sign is not illuminated. She
said when the street is upgraded it will be lit.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:30 P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
PLANNING COMMISSION MEETING
August 19, 2009
Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m.
MEMBERS PRESENT: Leroy Oquist, David Kondrick, Dean Saba, Brad Sielaff, and Brad
Dunham
MEMBERS ABSENT: Marcy Sibel and Jack Velin
OTHERS PRESENT: Stacy Stromberg, City Planner
Scott Hickok, Community Development Director
Steve Maurelli, RSP Architects
Bro. Milton, Totino Grace High School
Bruce Powers, Kurt Manufacturing
Approval of Minutes: July 15, 2009
MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING
Consideration of a Special Use Permit, SP #09-08, by RSP Architects, on behalf of Totino-
Grace High School, to allow the construction of an addition to the school building, generally
located at 1350 Gardena Avenue NE.
MOTION by Commissioner Dunham to open the public hearing. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:03
P.M.
Stacy Stromberg, City Planner, stated the petitioner, Steve Maurelli of RSP Architects, who is
representing Totino-Grace, is seeking a special use permit to allow an expansion of an existing private
school in an R-1, Single Family zoning district, which is located at 1350 Gardena Avenue.
Ms. Stromberg stated private schools are a permitted special use in an R-1, Single Family zoning district.
Each time the school proposes to modify the school in any way that may impact the neighborhood the
City is required to have the request reviewed by the Planning Commission and City Council for
compatibility.
Ms. Stromberg stated the petitioner is proposing to construct a 15,000 square foot addition to the
northeast corner of the existing building. The petitioner also plans to remodel approximately 20,000
square feet of the existing school space. As stated by the petitioner, "This project does not include the
addition of new classrooms, but rather, accommodates enlargement of current space. The current spaces
that will be enlarged as a result of the addition are the Art, Band, Choir, Wrestling, and Fitness Rooms as
well as modernization of the Auditorium. As a result, this project will not result in any additional
students, but is intended only to upgrade facilities."
Ms. Stromberg stated the subject property is zoned R-1, Single Family as are all surrounding properties.
The property is located on Gardena Avenue, east of Central Avenue and is approximately 30 acres in size.
The parcel of land is comprised of a private school and other building associated with the school, track
and field facilities, ball fields, parking lots, and a storm water pond. The school was constructed in 1965,
with an addition constructed in 1977. Since the time of its construction, there have been additional
modifications to the interior and exterior of the school. Totino-Grace is a co-educational Catholic high
school, which provides education to approximately 925 children in grades 9-12.
Ms. Stromberg stated in 1999, a special use permit was issued for the property to allow the school to
upgrade the existing track and field facility. In 2003, the City Council approved a variance request by
Totino Grace High School, to reduce the width of parking stalls from 10 feet to 9 feet to allow an
expansion of a parking lot. In 2006 the City Council approved a special use permit to allow the school to
exist in an R-1, Single Family zoning district and a variance to increase the height of a portion of the
school building to allow an auditorium renovation. The auditorium renovation was never completed and
the petitioner has instead decided to construct the proposed addition and do some interior remodeling
instead of the renovation to the auditorium.
Ms. Stromberg stated private schools are a permitted special use in the R-1, Single Family zoning
district, provided that the proposed expansion complies with the requirements for the special use permit,
subject to the stipulations suggested by staf£ The proposed expansion will allow for the construction of a
15,000 square foot addition that will essentially reallocate and enlarge existing uses that are currently
within the building. It will enlarge space that is used for Art, Bank, Choir, Wrestling and Fitness. Along
with the proposed addition, the petitioner plans to remodel approximately 20,000 square feet of space
within the school, which will include modernization of the Auditorium.
Ms. Stromberg stated when the special use permit and variance were issued for this property in 2006,
staff determined that City Code would require 374 parking stalls based on the interior uses of the
building. Since the proposed addition is intended to upgrade facilities and is not being constructed to
allow an increase in faculty or students, staff has determined that the 374 parking stalls required by code
is an adequate number to continue to require. Staff is also comfortable with this assessment because
according to the petitioner, enrollment at the school has actually been declining yearly from 1,070
students in 2005 to 925 students in 2009. There are currently 460 parking stalls on the site, which meets
code requirements.
Ms. Stromberg stated the proposed expansion meets all setback requirements and lot coverage
requirements at 15.4 percent for the entire site.
Ms. Stromberg stated City Staff recommends approval of this special use permit request as private
schools are a permitted special use in the R-1, Single-Family zoning district, subject to stipulations.
Ms. Stromberg stated Staff recommends that if the special use permit is granted, the following
stipulations be attached:
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall meet all building, fire, and ADA requirements for any new
construction, alteration, or renovation done on the site
3. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
2
4. Petitioner shall meet any requirements identified by the Rice Creek Watershed District.
5. The subject property shall be maintained free of any and all construction debris.
6. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m.
7. When reasonable, construction vehicles and equipment shall avoid using Arthur Street
and Matterhorn Drive.
8. The addition shall be architecturally compatible with the existing building and finished
with complementary exterior building materials and color scheme.
Chairperson Kondrick asked Mr. Maurelli if he had any questions?
Steve Maurelli, RSP Architects, replied, no.
Chairperson Kondrick asked Mr. Maurelli if they agreed with the stipulations?
Mr. Maurelli replied, they are comfortable with all stipulations. It is has been submitted to Rice Creek.
He believed it is coming before them tomorrow or the day after.
Chairperson Kondrick asked Ms. Stromberg whether staff has heard anything adverse from the Rice
Creek Watershed District?
Ms. Stromberg replied, no.
Commissioner Sielaff stated he wanted to clarify the parking. In 2006 they added 374 additional parking
spots?
Ms. Stromberg replied, no, 374 parking stalls is what is required by code, and the petitioner is exceeding
that.
Gordon Blacklund, 5805 Arthur Street NE, stated he was not there in opposition but only to gather
information. He asked over what period of time will construction take place?
Mr. Maurelli stated construction is intended to start as soon as they can get started, hopefully in the next
month. They will start with building the addition and then spring they will start doing the remodeling.
Mr. Blacklund asked what changes of traffic patterns do they expect, specifically along Arthur Street?
Mr. Maurelli stated they do not expect any traffic going down Arthur or Matterhorn. He stated there is
an overflow parking lot down by the football stadium, and Totino-Grace has said they will make that
available to the contractors. Therefore, they can keep the cars on site and there should not be an
appreciable increase in traffic.
Mark Schumacher, 5837 Arthur Street, asked as an owner who lives on the east side of the street, they
appreciate the shade that the e�sting trees provide along the west side of the street. He asked how is the
new building going to decrease the amount of trees that currently exist?
Mr. Maurelli stated the intent is to save as many trees as they can. There is a big grove of oaks on the
north side and there are other spruces along the east side. Some of the oaks do need to come down.
However, they are not going to be sheet piling the site.
Chairperson Sielaff asked if there is going to be a landscaping plan submitted to the City?
Ms. Stromberg replied, yes, they have submitted a plan and they will be adding more trees, too, for
needing to take some of the trees out.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:17
P.M.
Chairperson Kondrick stated he cannot find anything wrong with this and thinks it will be a great asset
to the school.
Commissioner Sielaff stated he was also fine with it.
MOTION by Commissioner Saba approving Special Use Permit, SP #09-08, by RSP Architects, on
behalf of Totino-Grace High School, to allow the construction of an addition to the school building,
generally located at 1350 Gardena Avenue NE, with the following stipulations:
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall meet all building, fire, and ADA requirements for any new
construction, alteration, or renovation done on the site
3. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
4. Petitioner shall meet any requirements identified by the Rice Creek Watershed District.
5. The subject property shall be maintained free of any and all construction debris.
6. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m.
7. When reasonable, construction vehicles and equipment shall avoid using Arthur Street
and Matterhorn Drive.
8. The addition shall be architecturally compatible with the existing building and finished
with complementary exterior building materials and color scheme.
Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING
Consideration of a Special Use Permit, SP #09-09, by Kurt Manufacturing Co., to allow limited
outdoor storage on their property, legally described as Lot l, Block l, Kurt Addition, generally
located at 5280 Main Street NE.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:18
P.M.
Ms. Stromberg stated the petitioner, Kelli Watson, on behalf of Kurt Manufacturing, is seeking a special
use permit to allow limited outdoor storage of a storage container in the rear yard of their property which
is located at 5280 Main Street.
�
Ms. Stromberg stated the property is zoned M-2, Heavy Industrial as are the properties to the north and
south. The Burlington Northern Santa Fe Railroad property is to the west and Single Family Residential
properties are located to the east. It is located on Main Street, south of Interstate 694. The property was
originally developed in 1959. Several additions have been constructed to that original building since
1959. The properiy was also granted two variances to allow an increase in the maximum amount of
allowable lot coverage. A variance was granted in 1975 to increase the coverage from 40 percent to 47.5
percent and then a variance was granted in 1987 to increase the coverage requirement from 40 percent to
49 percent. Modern code standards allow businesses within the industrial districts to increase their
allowable lot coverage requirements by obtaining a special use permit versus asking for a variance.
Though current code allows business to increase their allowable lot coverage through a special use permit,
it is important to note that those businesses still need to comply with all other code requirements,
including but not limited to, setbacks, landscaping, storm pond regulations, etc. Based on the latest site
plan provided by the petitioner it appears that the property is at 49 percent for lot coverage, which
correlates with the variance that was granted in 1987.
Ms. Stromberg stated as some of you may be aware, this summer the City's Community Development
Department has hired a Code Enforcement Intern to do systematic inspections of our commercial and
industrial properties. As a result, many of our industrial businesses will be coming before the Planning
Commission and City Council for special use permits for outdoor storage. This special use permit request
is one ofthose that came to staff's attention during those systematic inspections.
Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50
percent of the building footprint with a special use permit. The buildings square footage is 114,450
square feet, so City code would essentially allow up to 57,225 square feet of outdoor storage on this site.
The petitioner is requesting to store one storage container in the rear yard of the property, which is 320
square feet in size, which is well below the allowable outdoor storage area. It should be noted that
although City code would allow up to 57,225 square feet of outdoor storage on this site based on the
square footage of the building, the site stills needs to comply will all other requirements, which are
discussed below. So, it is unlikely that 57,225 square feet of outdoor storage could actually occur on this
site.
Ms. Stromberg stated before the special use permit can be issued, several additional requirements need
to be met. Those specific requirements relate to height, screening, parking, and the types of materials
allowed to be stored outside.
Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the
petitioner, parking needs for this site are 293 parking stalls. The petitioner has stated that they will have
207 parking stalls after 4 stalls will be used to allow for storage of the container. As a result, they fall
short of ineeting code requirements by 86 stalls. Since this business has been in operation in this location
for around 50 years, staff has the petitioner provide staff with a better understanding of how the interior
manufacturing space is used. City code requires 1 parking stall for every 400 square feet of manufacturing
space, and this business has 110,000 square feet of manufacturing space.
Ms. Stromberg stated Peter Waller, Kurt Manufacturing's Operations Manager, states "the inside of the
manufacturing facility is full of machine tools and large pieces of equipment used in manufacturing metal
components for various customers. In addition to the machine tools, we also have floor space allotted for
storing the volume of parts we are working on or have in process, plus queue area for work that is
scheduled to be done." At this facility we currently have approximately 142 employees on day shift and
16 night shift employees. Based on these numbers, Kurt Manufacturing feels that have adequate parking
available for their employees."
Ms. Stromberg stated staff has not noticed that parking seems to be an issue on this site, despite the fact
that code would require them to haue additional stalls. Based on what the petitioner has stated, about the
amount of manufacturing space that is allocated for large equipment and storage of parts, staff would feel
comfortable allowing the storage container to take the 4 parking stalls needed to be stored on this site.
Staff will stipulate though that at which time parking does become an issue for this tenant or future
tenants of the building that the interior space may need to be re-worked to better meet City Code parking
requirements.
Ms. Stromberg stated the petitioner plans to place the storage container behind the northwest corner of
the building, therefore, not visible from the Main Street. City staff will suggest that the petitioner plant
some ivy along the rear fence or plant some shrubbery along the fence line to help screen the container
from the railroad right-of-way. The proposed site plan meets all other code requirements.
Ms. Stromberg stated City staff has not heard from any neighboring property owners.
Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations.
Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided
specific code requirements are met, subject to stipulations.
Ms. Stromberg stated staff recommends that if the special use permit is granted, the following
stipulations be attached.
1. Any other existing outdoor storage on this site shall be removed within 30 days of
issuance of this special use permit.
2. The petitioner shall install ivy or some shrubbery along the rear fence line to further
screen the outdoor storage from the rail right-of-way.
3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan
approved by City staff to re-work the interior space of the existing building or find other
parking options.
Ms. Stromberg stated that Bruce Powers with Kurt Manufacturing is here to answer any questions.
Commissioner Sielaff asked if there was some action needed by them regarding the parking stalls? Or
does the petitioner just prove to the Commission they do not need them?
Ms. Stromberg stated that is why staff discussed with the petitioner what actually goes on within the
manufacturing space so we can understand the parking needs. Our Code tries to be as specific as it can
based on the manufacturing uses and the amount of parking stalls needed but sometimes we do not know
what exactly is going on inside that space. They have 142 employees on day shift and they have 207
stalls.
Commissioner Sielaff asked, so the Code allows flexibility?
Ms. Stromberg replied, right.
Chairperson Kondrick asked how big is the container going to be?
Ms. Stromberg replied, 8 feet wide by 40 feet long, 9.5 feet tall.
Chairperson Kondrick asked what kind of materials will be stored in there?
Bruce Powers, Kurt Manufacturing, replied, raw materials.
0
Chairperson Kondrick asked whether they have any problems with the stipulations?
Mr. Powers replied, they have no problem.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:28
P.M.
Chairperson Kondrick stated he has no problem with this.
MOTION by Commissioner Oquist approving Special Use Permit, SP #09-09, by Kurt Manufacturing
Co., to allow limited outdoor storage on their property, legally described as Lot 1, Block 1, Kurt Addition,
generally located at 5280 Main Street NE, with the following stipulations:
1. Any other existing outdoor storage on this site shall be removed within 30 days of
issuance of this special use permit.
2. The petitioner shall install ivy or some shrubbery along the rear fence line to further
screen the outdoor storage from the rail right-of-way.
3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan
approved by City staff to re-work the interior space of the existing building or find other
parking options.
Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2A. Removal of Four Trees to Accommodate the Placement of an Electronic Message Center
Sign.
Scott Hickok, Community Development Director, referred to Section 510.01 of the City Code that talks
about removal of trees on public property. The ordinance dates back to a time when there was concern
about the number of trees that might come out of parks, i.e., Springbrook Nature Center. It put safeguards
in place so there would not be tree removal without lots of thought first. If trees were to be removed, it
would go to the Parks and Recreation Commission first. This item was before that Commission at their
last meeting. It then goes to the Planning Commission after a recommendation from the Parks and
Recreation Commission, and ultimately to the City Council.
Mr. Hickok stated specifically they are asking for the removal of four trees on the boulevard along the
University Service Drive directly adjacent to our City Hall, just south of Fournies Avenue which
separates us from the clinic. The reason for the request is there is an electronic reader board sign that will
be constructed in later September or early October. This corner of the parking lot would then become the
area for the sign which would say "City of Fridley" on top, an electronic message center feature in the
center with three lines of text, and then a sign area for Fairview.
Mr. Hickok stated Fairview shares the parking lot that is owned by the HRA. So stalls that are directly
adjacent to the trees that need to be taken out are actually stalls that are on land belonging to the HRA.
Recently the Commission may recall that Fairview Clinic redid the parking lot (curb and gutters, storm
drainage system, new striping) and they actually created new parking stalls. They would like to put a
7
free-standing sign out along the frontage road, however private use of public property is not generally
permitted. Rather than having their own individual sign, they can actually lease space on a public sign.
Mr. Hickok stated the City of Fridley has long hoped to replace its antiquated message board sign with
more modern electronic technology. Currently our Public Works staff has to get up there and change the
message on the sign. An electronic message sign would allow messages to change on a regular basis, and
we could really use that to get more information out to the public. The City has been interested in
changing over since just about the time the technology became available, but not having the money to do
it, we have put that off. Fairview offered to buy the City the sign as long as they could have a certain area
to advertise "Fairview." They would build the sign, and there would be an agreement in place that over a
time their contribution would be paid back in exchange for using the land and having what would
otherwise be a typical lease arrangement to have a space on our sign.
Mr. Hickok stated it is important to have the sign in the location of the four trees because it truly is meant
to identify where Fairview is at but yet serve as the City Hall public information sign. It has to be as
close to City Hall as it can be but still not be so far away from Fairview that people get confused about
where Fairview is. It really is a perfect solution but for the trees.
Mr. Hickok is asking the Planning Commission tonight for their recommendation to the City Council
that the trees be removed. New trees will be planted somewhere on City Hall's campus in exchange for
removing the trees.
Chairperson Kondrick stated he is a member of the Parks and Recreation Commission and they
unanimously went along with this idea since the trees would be replaced someplace else in the general
area.
Commissioner Saba stated he agreed it would be a great deal for the City.
Commissioner Sielaff asked if the area around the sign would be landscaped?
Mr. Hickok replied there are no plans for shrubs; however, it currently is a really nice almost natural
area. Shrubs at the base of the sign would not be out of the question though. From a maintenance
perspective it is really nice to have a clean line and not have to mow around it. We really do have a
beautiful campus. There are some very nice shrubs and nice landscaping around the south side that forms
as a nice backdrop to the new information sign.
MOTION by Commissioner Saba approving the Removal of Four Trees to Accommodate the Placement
of an Electronic Message Center Sign. Seconded by Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Receive the Minutes of the May 27, 2009, Appeals Commission Meeting.
MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Receive the Minutes of the June 1, 2009, Parks & Recreation Commission Meeting.
:
MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive the Minutes of the June 4, 2009, Housing & Redevelopment Commission Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. Receive the Minutes of the June 23, 2009, Special Housing & Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
ADJOURN
MOTION by Commissioner Sielaff adjourning the meeting. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:42 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
0
�
�
CfTY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 14, 2009
September 2, 2009
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Special Use Permit Request, SP #09-09, Kurt Manufacturing — 5280 Main Street
INTRODUCTION
The petitioner, Kelli Watson, on behalf of Kurt Manufacturing, is seeking a special use permit to
allow limited outdoor storage of a storage container in the rear yard of their property which is
located at 5280 Main Street.
City Code allows limited outdoor storage in the industrial districts that is up to 50% of the
building footprint with a special use permit. The buildings square footage is 114,450 square
feet, so City code would essentially allow up to 57,225 sq. ft. of outdoor storage on this site.
The petitioner is requesting to store one storage container in the rear yard of the property, which
is 320 square feet in size, which is well below the allowable outdoor storage area. It should be
noted that although City code would allow up to 57,225 sq. ft. of outdoor storage on this site
based on the square footage of the building, the site stills needs to comply will all other
requirements for outdoor storage.
PLANNING COMMISSION RECOMMENDATION
At the August 19, 2009, Planning Commission meeting, a public hearing was held for SP #09-
09. After a brief discussion, the Planning Commission recommended approval of special use
permit, SP #09-09, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Any other existing outdoor storage on this site shall be removed within 30 days of
issuance of this special use permit.
2. The petitioner shall install ivy or some shrubbery along the rear fence line to further
screen the outdoor storage from the rail right-of-way.
3. /f a parking shortage occurs on the site, the petitioner shall develop an agreeable plan
approved by City staff to re-work the interior space of the existing building or find other
parking options.
City of Fridley Land Use Application
SP #09-09 August 19, 2009
GENERAL INFORMATION
Applicant:
Kurt Manufacturing
Kelli Watson
5280 Main Street NE
Fridley MN 55432
Requested Action:
Special Use Permit to allow exterior
storage of materials.
Existing Zoning:
M-2 (Heavy Industrial)
Location:
5280 Main Street NE
Size:
231,253 sq. ft. 5.3 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Industrial & M-2
E: Single Family & R-1
S: Industrial & M-2
W: Railroad & RR
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.18.01.C.12 requires a special
use permit to allow limited outdoor
storage.
Zoning History:
2000 — Lot is platted.
1959 — Mfg. building constructed.
1960 — Warehouse constructed.
1963 — Warehouse addition.
1964 — Warehouse addition.
1965 — Warehouse addition.
1967 — Building addition.
1968 — Building addition.
1975 — Variance granted to allow an
increase in the maximum percentage of lot
coverage — from 40% to 47.5%
1975 — Building addition.
1987 — Variance granted to allow an
increase in the maximum percentage of lot
coverage — from 40% to 49%
1987 — Building addition constructed
(enclose attached storage area)
2000 — Property replatted to purchase a
portion of the railroad right-of-way.
2000 — Enclose existina loadina docks.
Legal Description of Property:
Lot 1, Block 1, Kurt Addition
SPECIAL INFORMATION
Public Utilities:
Building is connected.
Transportation:
The property is accessed from Main Street.
Physical Characteristics:
Building, hard surface parking areas with very
little landscaping.
SU M MARY OF PROJECT
The petitioner, Ms. Watson, on behalf of Kurt
Manufacturing, is seeking a special use permit
to allow limited outdoor storage of a metal
container within the rear yard of the property
located at 5280 Main Street.
SU M MARY OF ANALYSIS
City Staff recommends approval of this special
use permit, with stipulations.
Limited outdoor storage is a permitted special
use in the M-2, Heavy Industrial zoning district,
provided specific code requirements are met,
subject to stipulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — September 14, 2009
Existing Building
Staff Report Prepared by: Stacy Stromberg
SP #09-09
REQUEST
The petitioner, Kelli Watson, on behalf of Kurt Manufacturing, is seeking a special use permit to
allow limited outdoor storage of a storage container in the rear yard of their property which is
located at 5280 Main Street.
HISTORY AND ANALYSIS
The property is zoned M-2, Heavy �����` �'��'
Industrial as are the properties to the --
north and south. The Burlington � � �
•� i
Northern Santa Fe Railroad property is r =�' ,-� `,;
to the west and Single Family � � ` ���
Residential properties are located to the � � `��� ,,, t-v�'�,
east. It is located on Main Street, south ; '
� � � -- �„ � :
of Interstate 694. The property was , �- -== -=== ������,�;
originally developed in 1959. Several � �� l -�
additions have been constructed to that ( �-__ »_ E„,``'.
original building since 1959. The � LL $.-=
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property was also granted two variances ----- --------- --------- } �j � ` �:�_
to allow an increase in the maximum �`
amount of allowable lot coverage. A �= �
5� =i;
variance was granted in 1975 to � � 5� "t'
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increase the coverage from 40% to 47.5 ; � r =;
% and then a variance was granted in + ��� �} �-
1987 to increase the coverage �' "� �~
requirement from 40% to 49%. Modern code standards allow businesses within the industrial
districts to increase their allowable lot coverage requirements by obtaining a special use permit
versus asking for a variance. Though current code allows business to increase their allowable
lot coverage through a special use permit, it is important to note that those businesses still need
to comply with all other code requirements, including but not limited to, setbacks, landscaping,
storm pond regulations, etc. Based on the latest site plan provided by the petitioner it appears
that the property is at 49 % for lot coverage, which correlates with the variance that was granted
i n 1987.
As some of you may be aware, this summer the City's Community Development department has
hired a Code Enforcement Intern to do systematic inspections of our commercial and industrial
properties. As a result, many of our industrial businesses will be coming before the Planning
Commission and City Council for special use permits for outdoor storage. This special use
permit request is one of those that came to staff's attention during those systematic inspections.
City Code allows limited outdoor storage in the industrial districts that is up to 50% of the
building footprint with a special use permit. The buildings square footage is 114,450 square
feet, so City code would essentially allow up to 57,225 sq. ft. of outdoor storage on this site.
The petitioner is requesting to store one storage container in the rear yard of the property, which
is 320 square feet in size, which is well below the allowable outdoor storage area. It should be
noted that although City code would allow up to 57,225 sq. ft. of outdoor storage on this site
based on the square footage of the building, the site stills needs to comply will all other
requirements, which are discussed below. So, it is unlikely that 57,225 sq. ft. of outdoor storage
could actually occur on this site.
Before the special use permit can be issued, several additional requirements need to be met.
Those specific requirements relate to height, screening, parking, and the types of materials
allowed to be stored outside.
Based on the breakdown of uses within the building, which was provided by the petitioner,
parking needs for this site are 293 parking stalls. The petitioner has stated that they will have
207 parking stalls after 4 stalls will be used to
allow for storage of the container. As a result,
they fall short of ineeting code requirements by 86
stalls. Since this business has been in operation
in this location for around 50 years, staff has the
petitioner provide staff with a better understanding
of how the interior manufacturing space is used.
City code requires 1 parking stall for every 400
square feet of manufacturing space, and this
business has 110,000 square feet of
manufacturing space.
Peter Waller, Kurt Manufacturing's Operations
Manager, states "the inside of the manufacturing
facility is full of machine tools and large pieces of
equipment used in manufacturing metal
components for various customers. In addition to
the machine tools, we a/so have floor space
allotted for storing the volume of parts we are
working on or have in process, plus queue area
for work that is scheduled to be done." At this
facility we currently have approximately 142
employees on day shift and 16 night shift
employees. Based on these numbers, Kurt
Manufacturing feels that have adequate parking
available for their employees."
Staff hasn't noticed that parking seems to be an
issue on this site, despite the fact that code would
require them to have additional stalls. Based on
what the petitioner has stated, about the amount
of manufacturing space that is allocated for large
equipment and storage of parts, staff would feel comfortable allowing the storage container to
take the 4 parking stalls needed to be stored on this site. Staff will stipulate though that at
which time parking does become an issue for this tenant or future tenants of the building that
the interior space may need to be re-worked to better meet City code parking requirements.
The petitioner plans to place the storage container behind the northwest corner of the building,
therefore, not visible from the Main Street. City staff will suggest that the petitioner plant some
ivy along the rear fence or plant some shrubbery along the fence line to help screen the
container from the railroad right-of-way. The proposed site plan meets all other code
requirements.
City staff hasn't heard from any neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of this special use permit, with stipulations.
Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district,
provided specific code requirements are met, subject to stipulations.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. Any other existing outdoor storage on this site shall be removed within 30 days of
issuance of this special use permit.
2. The petitioner shall install ivy or some shrubbery along the rear fence line to further
screen the outdoor storage from the rail right-of-way.
3. /f a parking shortage occurs on the site, the petitioner shall develop an agreeable plan
approved by City staff to re-work the interior space of the existing building or find other
parking options.
�
�
�ffY �F
FRIDLEY
DATE:
TO:
FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 14, 2009
September 9, 2009
William W. Burns, City Manager
Paul Bolin, Assistant Director of HRA
Rick Pribyl, Finance Director
SUBJECT: Consider HRA Tax Levy for Taxes Payable in 2010
Since 1996, the HRA has utilized a tax levy to help support its housing rehabilitation
programs. The levy is equal to .0185% of the taxable market value of all real estate and
personal property. The tax levy rate will allow the Authority to collect approximately
$498,000, based on a city-wide tax market value of $2,691,764,600. In terms of the
impact on taxpayers, the levy would cost $27.75 per year for a home valued at $150,000
and $185.00 per year for a commercial property valued at $1,000,000. The revenues
raised by the levy are directed towards ongoing and future redevelopment priorities.
State Statutes require the consent of the City Council prior to the tax levy becoming
effective. As a final note, the HRA tax levy must be certified to the County Auditor by
September 15, 2009.
Recommendation
Staff recommends that the City Council consent to the attached resolution approved by
the Housing and Redevelopment Authority at their regular meeting on September 3,
2009.
Attachment
RESOLUTION NO. 2009 -
A RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA
ADOPTING A 2009 TAX LEVY COLLECTIBLE IN 2010.
BE IT RESOLVED by the City Council (the "Council) of the City of Fridley, Minnesota
(the "City"), as follows:
Section 1. Recitals.
1.01. The Housing and Redevelopment Authority in and for the City of Fridley,
Minnesota (the "Authority") at its regular meeting on September 3, 2009, adopted
the attached HRA Resolution No. 2009 - 06: A Resolution Adopting A 2009 Tax
Levy Collectible in 2010.
1.02. The Council must consent to any Authority levy prior to its becoming effective as
required by Minnesota Statutes Section 469.033.
Section 2. Consent.
2.01. The Council hereby consents to the HRA Resolution and to the levy described
therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA THIS 14th DAY OF SEPTEMBER, 2009.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Attachment 1 =»
HRA RESOLUTION NO. 2009 - 06
RESOLUTION ADOPTING A 2009 TAX LEVY COLLECTIBLE IN 2010
BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and
Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority"), as follows:
Section 1. Recitals.
1.01. The Authority is authorized by Minnesota Statutes Section 469.033 to adopt a levy on all
taxable property within its area of operation, which is the City of Fridley, Minnesota (the
"City").
1.02. The Authority is authorized to use the amounts collected by the levy for the purposes of
Minnesota Statutes Sections 469.001 to 469.047 (the "General Levy").
Section 2. Findin�s.
2.01. The Authority hereby finds that it is necessary and in the best interests of the City and the
Authority to adopt the General Levy to provide funds necessary to accomplish the goals of the
Authority.
Section 3. Adoption of General LevX.
3.01. The following sums of money are hereby levied for the current year, collectible in 2010, upon
the taxable property of the City for the purposes of the General Levy described in Section 1.02
above:
Total General Levy: .0185% of Taxable Market Value
Amount: Maximum Allowed by Law
Section 4. Report to City and Filin� of Levies.
4.01. The Executive Director of the Authority is hereby instructed to transmit a certified copy of this
Resolution to the City Council for its consent to the General Levy.
4.02. After the City Council has consented by resolution to the General Levy, the Executive Director
of the Authority is hereby instructed to transmit a certified copy of this Resolution to the
County Auditor of Anoka County, Minnesota.
PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY 1N
AND FOR THE CITY OF FRIDLEY, MINNESO THIS 3rdDAY OF SEPTEMBER, 2009.
L NCE R. C RS - C ERSON
ATTEST:
� " �.
WII,LIAM W. BURNS - HRA DIRECTOR
-
. .
TO:
FROM:
DATE:
SUBJECT:
. � .
CITY COUNCIL MEETING OF SEPTEMBER 14, 2009
William W. Burns Cit Mana er c��
, Y 9 � `,
James Kosluchar, Public Works Director��r�,
fr` �
September 14, 2009 r�
Approve Resolution for Siverts Lane Road Licensing Agreement
PW09-050
Siverts Lane south of 691h Avenue to its terminus was included in our project plans for reconstruction
under project number ST2008-01. This segment was dropped during the construction phase as a
portion of its existing location encroached on Anoka County Park property. We were unsure about the
status of the properties on both sides of the road, and were unable to provide a resolution in enough
time for construction last season.
This roadway deviates from center in its existing location. It is less expensive for the city to reconstruct
the roadway in its existing location, where utilities and base material are already in place. Therefore, we
have sought use of the right-of-way from Anoka County. Anoka County was not comfortable with a
property transfer, so the attached licensing agreement was developed. The area covered by the
proposed licensing agreement is just under one tenth of an acre.
Although we do have concerns with the termination clause in the licensing agreement, Anoka County
Staff advised that they did not wish to deviate from this standard language. While we do not like the
clause, the chances that Anoka County would terminate seem very remote. The licensed area is very
narrow, and is outside the fenced area for the park property. Moreover, Anoka County Parks staff has
indicated that they do not see a need for the property in the long-term future.
If the licensing agreement is approved, we plan to proceed with the reconstruction of this segment in
2009, under the existing contract for ST2008-01. Special assessments could be set this fall or in the fall
of 2010 after a final hearing. We plan to recommend assessment at the same rate as the property
assessments set on the remainder of the ST2008-01 Street Reconstruction Project.
Staff recommends the City Council pass the attached resolution approving of the Siverts Lane Road
Licensing Agreement with Anoka County.
. �
Attachment
21
RESOLUTION NO. 2009-
RESOLUTION APPROVING AGREEMENT WITH
ANOKA COUNTY FOR A ROADWAY LICENSE FOR SIVERTS LANE
WHEREAS, the construction of certain improvements is deemed to be in the interest of the City
of Fridley and the property owners affected thereby, and
WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically
reconstruct streets in the City to a standard section including concrete curb and gutter, and
WHEREAS, Siverts Lane from 69t'' Avenue NE to its southern terminus, a length of
approximately 600', has been identified as one of the street segments to be reconstructed to this
standard with project ST2008-01
WHEREAS, it is apparent that a portion of this existing street segment lies outside the existing
City of Fridley right-of-way for Siverts Lane, and
WHEREAS, it is in the best interest of the City of Fridley to reconstruct the roadway where it
currently e�sts, and
WHEREAS, Anoka County has agreed to license the property necessary to effect the desired
construction,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka
County, Minnesota as follows:
That the City of Fridley enter into the attached agreement with Anoka County for the following
purpose(s):
1. To permit the City of Fridley to use a part of Anoka County Property for city
street purposes.
IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the
Agreement and any amendments to the Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH
DAY OF FEBRUARY, 2009.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 14, 2009
William W. Burns, City Manager PW09-051
James Kosluchar, Public Works Director
September 14, 2009
Approve Resolution Requesting No Parking Signs on East River Road from
I-694 to Mississippi Street
Anoka County currently has posted signs prohibiting on-street parking on East River Road north of
Mississippi Street and south of I-694 in Fridley. During the design of the signal at 61St Way and East
River Road by Anoka County, County Highway staff advised that there was no resolution passed by the
City of Fridley for East River Road between I-694 and Mississippi Street.
There are several reasons to prohibit parking on this segment of East River Road, including the higher
posted speed (40-45 mph), limited shoulder width, and frequent access locations. In addition, several
bus stops require clearance for their stops, and ample off-street and side-street parking exists
throughout this segment of East River Road. A parking prohibition will also facilitate U-turn movements
required in some locations due to median access restrictions already in place.
Staff recommends the City Council pass the attached resolution requesting no parking sign installation
on East River Road from I-694 to Mississippi Street.
JPK/jpk
Attachment
RESOLUTION NO. 2009-
RESOLUTION REQUESTING NO PARKING SIGNS ON EAST RIVER ROAD
FROM I-694 TO MISSISSIPPI STREET
WHEREAS, East River Road (CSAH No. 1) is posted with signage prohibiting parking both
north of Mississippi Street and south of Interstate 694 (I-694) within the City of Fridley, and
WHEREAS, this segment of East River Road is not conducive to on-street parking due to its
higher posted speed, limited shoulder width, frequent access locations, and
WHEREAS, ample off-street and side-street parking is available adjacent to this segment of East
River Road, and
WHEREAS, Anoka County is currently preparing construction plans for the reconstruction of a
traffic signal at 61St Way and East River Road, and the project design will be conditioned on
whether parking will be prohibited or maintained on this segment of East River Road,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka
County, Minnesota as follows:
1. That the Anoka County Commissioners authorize the placement of No Parking signs on
both sides of East River Road (CSAH No. 1) from Interstate 694 to Mississippi Street.
IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the
Agreement and any amendments to the Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
14TH DAY OF SEPTEMBER, 2009.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
� AGENDA ITEM
� COUNCIL MEETING OF SEPTEMBER 14, 2009
� �F CLAI MS
FRIDLEY
CLAIMS
1430�3-143330
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 14, 2009
��F LICENSES
FRIDLEY
T'YPE OF LICENSE: ' ' APPLICANT:' APPR(�VED BY:'
Charitable Gamblin , Tem ora TOTINO-GRACE HIGH SCHOOL Public Safet
Christopher Beach City Clerk
Development Director
Charitable Gambling Temporary DUCKS UNLIMITED Public Safety
James Mc Keehen City Clerk
Peddler/Solicitors THE WINDOW STORE Public Safety
Mark Alan Chasin
Michael E Thiss
John V Norton
Temporary Food Sale License COON RAPIDS CARDINAL LIONS Public Safety
CLUB
Timothy Farmer Fire Dept
for Roof Raiser Mayors
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 14, 2009
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Air Comfort S ecialist Inc Heatin Gu Sten el Ron Julkowski, CBO
Albrecht Si n Com an Inc Si n Erector Chris Pe Ron Julkowski, CBO
Archet e Si nmakers Inc Si n Erector Jenn Kruse Ron Julkowski, CBO
B& B Sheet Metal & Roofin Inc Commercial or S ecial Brad Burns Ron Julkowski, CBO
Commercial Construction Partners Inc Commercial or Specialty Matt Sever Ron Julkowski, CBO
Commercial Plumbin & Heatin Inc Heatin Robert Skeie Ron Julkowski, CBO
Erickson PHC Heatin Stac Erickson Ron Julkowski, CBO
Go her Heatin and Sheet Commercial or S ecialt Dennis O'Brien Ron Julkowski, CBO
Go her State Fire E ui ment Inc Heatin Rick Johnson/Mike Dahl Ron Julkowski, CBO
Graham Construction Services Commercial or S ecialt Dave Lenss Ron Julkowski, CBO
Heatin & Coolin Two Inc Heatin Wm Hansmann Ron Julkowski, CBO
Kni ht Heatin & Air Conditionin Heatin Jill Lien Ron Julkowski, CBO
Kni ht Heatin & Air Conditionin Gas Jill Lien Ron Julkowski, CBO
Let's Get Gra hic Creations, Inc Si n Erector Melissa Miller Ron Julkowski, CBO
Marsh Heatin & Air Conditionin Heatin Kell Marsh Ron Julkowski, CBO
Metro olitan Mechanical Contractors Heatin Roberta Kaczke Ron Julkowski, CBO
Metro olitan Mechanical Contractors Gas Roberta Kaczke Ron Julkowski, CBO
Nor aard Homes Commercial or S ecialt Ja Nor aard Ron Julkowski, CBO
R& N Roofin Roofin Steve Schnebl Ron Julkowski, CBO
Ra N Welter Heatin Co. Heatin Ra N Welter Jr Ron Julkowski, CBO
Residential Heatin & Air Heatin Dean Kolner Ron Julkowski, CBO
Residential Heatin & Air Gas Dean Kolner Ron Julkowski, CBO
Ro alton Heatin & Coolin Heatin Tom Stewart Ron Julkowski, CBO
R an Roofin Commercial or S ecial M Shaw Ron Julkowski, CBO
Si ns b Tomorrow Si n Erector Jim Kaczrowski Ron Julkowski, CBO
Su erior Roofin Commercial or S ecialt Ba Mendel Ron Julkowski, CBO
Universal Si ns, Inc Si n Erector Scott Palmateer Ron Julkowski, CBO
Woodland Stoves & Fire laces Heatin Cind Roberts Ron Julkowski, CBO
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 14, 2009
ESTI MATES
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374-9461
2009 Street Rehabilitation Proj ect No. ST2009-01
EstimateNo. 2 .............................................................................
Ron Kassa Construction
6005 East 250 Street
Elko, MN 55020-9447
2009 Miscellaneous Concrete Repair Project No. 384
EstimateNo. 3 .............................................................................
$299,278.37
$ 18,665.60
M •
� �
To:
From:
Date:
Re:
� � l
CITY COUNCIL MEETING OF
� - ���
William W. Burns, C.'ity Manager �� f°
Richard D. Pribyl, Finance Director
Craig A. Ellestad, Accountant
September 10, 2009
Resolutian Certifying Proposed Tax Levy far 2010 to An�ka County
In conformance with Chapter 275, Section 065 af the Minnesota Statutes, attached is a resolution
certifying the proposed tax levy requirements to the Anoka County Auditar. It is due ta the
County Auditor on or before September 15, 2009.
Since the last Council meeting, staff has spent a considerable amaunt of time reviewing the data
that has been made available regarding the 2010 levy calculations and the special levies allowed
related to the unallotments. Since the last meeting the following events have accurred:
• Fritz has reviewed state law and past Attarney General opinions and has found that
"unallotments" of state aid as currently defined, can be levied outside of local Charter
restrictions. He has provided an opinion on this issue.
• Staff has met with members of the League of Minnesota Cities ta discuss Fritz's opinion
and they concur as to the ability to exceed lacal charter limitations regarding
"unallotments" of state aid.
• Staff has discussed these issues with the Department of Revenue to determine their
interpretation of the "unallotments" and h�w they will interpret and implement the
"special levies" related to the unallotments.
• Staff as recent as yesterday has reviewed the State Levy Limit calculations as they relate
to our City. We faund the 2010 LGA amount we were using as a reduction to the 2009
levy limit base was t� be the total certifed amount of $1,585,353 and not the net number
we have been provided by Department of Revenue after the 2010 unallotment of
$759,414.
What we are now presenting to the Council will be a levy that is actually lower than the Gharter
imposed levy iimit, and not the opposite as was previously calculated. The net result or effect of
this change is the amount of LGA that we wili lose in 2010 cannot be levied back in 201Q and
must wait until 2� 11. At this point, since our state imposed levy limitation is less than the
Charter limitation, we are not able to levy anything greater than the state limitation. Thus, the
32
2010 Levy Page 2
question raised at the last meeting regarding levying beyond the local limit becomes irrelevant at
this point, but will become an issue next year when this once again becomes a"special levy".
The result of this information and recalculation of the levy, provides that the state levy limit is
less than the Charter imposed limit excluding any consideration af the special levies in the
amount of $179,545. The change in levy amounts from 20�9 ta the attached propased 2010
amounts to an increase of 6.8% and not the 8.73% as previously stated. The increase of
$647,675, or the change in levy between 2009 and 201Q wouid increase the taxes on the average
horne by approximately $SQ.00. If one were to l�ok at the average amaunt of increase in levy
since 2�08, we find that over that period af time we have seen an average annual increase of
3.1 % per year in tax levy.
Staff is recornmending that the City Council pass the attached resolution to certify the proposed
tax levy requirements for 2010.
33
RESOLUTION NO. 2009 -
A RESOI,iJTinl�T CERTIFYING 1'IZOPOSF,D 'TAX LEVY I2EQUI1�1VIEl�i'TS F()R 2010 TC)
THE COUNTY OF ANOKA
WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the
power to raise money by taxation pursuant to the laws of the State of Minnesota; and
WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its proposed tax
levy requirements to the County Auditor �n �r before September 15, 2009; and
NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County of Anoka,
State of Minnesota, the following proposed tax levy to be levied in 2009 for the year 2010
GENERAL FUND
General Fund
CAPITAL PROJECT FUND
Capital improvement Fund - Parks Division
AGENCY FUND
Six Cities Watershed Management Organization
MARKET VALUE BASED REFERENDUM LEVY
Springbrook Nature Center
:• � � � : �
2005A GO Improvement Bonds (Streets 2005)
2006A GO Improvement Bonds (Streets 2006)
2007A GO Improvement Bonds (Streets 2007)
2008A GO Improvement Bonds (Streets 2008)
TOTAL ALL FUNDS
$ 9,101,421
0
6,200
$ 314,400
169,741
197,200
183,700
147,500
$ 10,120,162
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14Tx
i�AY OF SEPTEMBER 2009.
Attest:
Debra A. Skogen, City Clerk
34
Scott J. I,und, Mayor
�
�
�ffY �F
FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPT. 14, 2009
September 10, 2009
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Special Use Permit SP# 09-Olfor repair garages at 7570 Hwy. 65
Background
At the August 10, 2009 City Council meeting, the Fridley City Council tabled approval of revised
stipulations to SP# 09-01, essentially giving the properiy owner of Sam's Auto World another month to
abide by stipulations approved by Council last February. Modifications to the original 17 stipulations are
notated below. As of a September 10 inspection, staff has found that the property owner has made great
progress in coming into compliance with more of the stipulations, however, there are still some items that are
incomplete. Staff estimates that all but the new chain link fencing in the rear will be complete by Monday's
Council meeting. The owner has decided to have the new chain link fence sections custom built, and they are
not going to be ready for installation until the end of the month. Staff is pleased to learn that the property
owner is creating a well constructed solution to the rear security fencing rather than installing a quick fix that
will not be durable.
Besides stipulation 18 below, stipulations 12 and 13 remain incomplete. However, proper testing has been
done or is in progress. It is possible that the reports requested will be submitted to staff by next Monday's
Council meeting.
Stipulations
1. Hours of operation shall be limited to Monday-Friday, 7:00 a.m. to 9:00 p.m. and Saturday
and Sunday 8:00 a.m. to 9:00 p.m.
2. The petitioner shall maintain any necessary Federal, State, and County hazardous waste
permits.
No outdoor storage of materials shall exist on the site other than customer and emplovee
vehicles in the rear of the propert�
Existing racking �r�' �� on the south side of the rear building must be removed within
30 days of issuance of SUP. The rear buildin� addition mav remain for the interior stora�e of
automobile parts.
"T� ���Vehicles sales are not allowed from this location.
Existing �e� site fencing � �' „° ���+�;�'° �+�r��° �° r�' on south side of front
building must be removed within 30 days of issuance of SUP. Fence on southern and western
boundary to remain to screen business from adjoining residential property.
Area between front building and south property line fence needs to be landscaped with
vegetation and maintained. Screenin� fence at southeast and southwest corner of front
building to be removed.
8. All customer vehicles awaiting repairs need to be stored in the rear yard of the site.
9. Petitioner must submit a revised site plan reflecting the addition of at least five more parking
spaces in the rear of the building.
10. All parking stalls must be striped and vehicles to be kept in defined stalls only.
11. Frontage road cannot be used for parking related to this business.
12. All buildings shall be compliant with all applicable Fire and Building Codes within 30 days
of issuance of SUP, including verification that spray booth and sprinkler systems are
functioning as designed.
13. Provide ventilation calculations for all tenant spaces in both buildings.
14. All structural lintels over garage door openings on front building shall be replaced upon plan
completion by a structural engineer and necessary permits issued within 30 days of issuance
of SUP.
15. A revised sign plan, which incorporates both buildings and the existing free-standing sign
shall be submitted for City Council approval within 30 days of issuance of SUP. The revised
sign plan needs to include a requirement that each tenant leasing space within either of the
buildings on site needs to display exterior building signage identifying the business to the
public.
16. The petitioner will provide the City verification that Clear ChanneP s easement shown on
7/12/07 survey does not prohibit parking or access
17.
r��e��:��te e��cer�Re�cem„�e�� City staff shall be given the
opportunity to review any new leases before new tenants lease available space.
18. The fenced-in rear vehicle securitv area mav remain, but onlv with the solid wood fencin�
removed and replaced with chain link fencin�. Only customer vehicles may be stored in rear
fenced area. No exterior parts stora�e is allowed on site.
Recommendation
Staff recommends that the City Council accept the progress made towards conformance to the stipulations to
date as sufficient to allow staff to monitor completion of the remaining stipulations. If the remaining
stipulations are not met within a reasonable time, staff will bring the SUP back for Council review. Staff
further recommends that the City Council officially recognize the modifications to the stipulations originally
approved at the February 9, 2009 City Council meeting by approving the attached resolution. This resolution
can then be recorded on the County property records to reflect changes Council has approved. This is
important as the special use permit goes with the property if the current owner sells the property.
RESOLUTION NO. 2009 -
A RESOLUTION APPROVING MODIFICATIONS TO
SPECIAL USE PERMIT SP# 09-01 FOR SAM'S AUTO WORLD
WHEREAS, on February 9, 2009, the Fridley City Council approved a special use permit, SP # 09-
O1, to allow repair garage use in multiple leased areas of the business generally located at 7570
Highway 65, in Fridley with 17 stipulations; and
WHEREAS, on August 10, 2009, conformance to these stipulations was reviewed by the Fridley
City Council resulting in the modification of two stipulations and the addition of two new
stipulations and tabled consideration of the compliance with the permit, giving the petitioner an
additional 30 days to comply with the stipulations of SP# 09-01; and
WHEREAS, on September 14, 2009, the Fridley City Council removed discussion of SP# 09-01
from the table and approved the revised stipulations represented in Exhibit A to this resolution as
replacement of stipulations approved by the City Council on February 9, 2009; and
WHEREAS, the petitioner, representing the owner of 7570 Highway 65, was presented with Exhibit
A, the revised 18 stipulations, at the September 14, 2009 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
revised stipulations for SP# 09-01 represented in Exhibit A are to replace those previously adopted
by City Council on February 9, 2009.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2009.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 09-01 Special Use Permit for Repair Garage Use
Stipulations
1. Hours of operation shall be limited to Monday-Friday, 7:00 a.m. to 9:00 p.m. and Saturday
and Sunday 8:00 a.m. to 9:00 p.m.
2. The petitioner shall maintain any necessary Federal, State, and County hazardous waste
10
11
12
13
14
permits.
No outdoor storage of materials shall exist on the site other than customer and employee
vehicles in the rear of the property.
Existing racking on the south side of the rear building must be removed within 30 days of
issuance of SUP. The rear building addition may remain for the interior storage of automobile
parts.
Vehicle sales are not allowed from this location.
Existing site fencing on south side of front building must be removed within 30 days of
issuance of SUP. Fence on southern and western boundary to remain to screen business from
adjoining residential property.
Area between front building and south property line fence needs to be landscaped with
vegetation and maintained. Screening fence at southeast and southwest corner of front
building to be removed.
All customer vehicles awaiting repairs need to be stored in the rear yard of the site.
Petitioner must submit a revised site plan reflecting the addition of at least five more parking
spaces in the rear of the building.
All parking stalls must be striped and vehicles to be kept in defined stalls only.
Frontage road cannot be used for parking related to this business.
All buildings shall be compliant with all applicable Fire and Building Codes within 30 days
of issuance of SUP, including verification that spray booth and sprinkler systems are
functioning as designed.
Provide ventilation calculations for all tenant spaces in both buildings.
All structural lintels over garage door openings on front building shall be replaced upon plan
completion by a structural engineer and necessary permits issued within 30 days of issuance
of SUP.
15. A revised sign plan, which incorporates both buildings and the existing free-standing sign
shall be submitted for City Council approval within 30 days of issuance of SUP. The revised
sign plan needs to include a requirement that each tenant leasing space within either of the
buildings on site needs to display exterior building signage identifying the business to the
public.
16. The petitioner will provide the City verification that Clear ChanneP s easement shown on
7/12/07 survey does not prohibit parking or access
17. City staff shall be given the opportunity to review any new leases before new tenants lease
available space.
18. The fenced-in rear vehicle security area may remain, but only with the solid wood fencing
removed and replaced with chain link fencing. Only customer vehicles may be stored in rear
fenced area. No exterior parts storage is allowed on site.
�
�
CffY OF
FRIaLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF SEPT. 14, 2009
September 10, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Sign Plan for Sam's Auto World — 7570 Highway 65
Background
Glen Nelson, representing Sam's Auto World, located at 7570 Highway 65, is requesting that the City
Council approve a new sign plan. The new sign plan is a stipulation of the new special use permit for
automobile repair use on the site.
The previous sign plan was approved by the City Council on July 14, 2003. Since the existing sign plan did
not address signage for the rear building or the free-standing sign, staff wanted to have the plan modified to
correct that oversight.
Code Section 214.14, multiple tenant buildings to have a comprehensive sign plan approved by the City. The
purpose of this requirement is to assure that centers have well planned, aesthetically pleasing, and consistent
appearance.
The proposed sign plan meets all the City's criteria. Any new signage on the building will have to adhere to
the proposed new sign criteria.
Recommendation
City Staff recommends approval of the proposed new comprehensive sign plan for Sam's Auto World at
7570 Highway 65.
�
�
CfTY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 14, 2009
September 2, 2009
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Special Use Permit Request, SP #09-08, RSP Architects on behalf of Totino Grace
High School
INTRODUCTION
The petitioner, Steve Maurelli of RSP Architects, who is representing Totino Grace, is seeking a
special use permit to allow an expansion of an existing private school in an R-1, Single Family
zoning district, which is located at 1350 Gardena Avenue.
Private schools are a permitted special use in an R-1, Single Family zoning district. Each time
the school proposes to modify the school in any way that may impact the neighborhood; the City
is required to have the request reviewed by the Planning Commission and City Council to
ensure compatibility.
PLANNING COMMISSION RECOMMENDATION
At the August 19, 2009, Planning Commission meeting, a public hearing was held for SP #09-
08. After a brief discussion, the Planning Commission recommended approval of special use
permit, SP #09-08, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall meet all building, fire, and ADA requirements for any new construction,
alteration, or renovation done on the site
3. City Engineering staff to review and approve grading and drainage plan prior to issuance of
a building permit.
4. Petitioner shall meet any requirements identified by the Rice Creek Watershed District.
5. The subject property shall be maintained free of any and all construction debris.
6. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p. m.
7. When reasonable, construction vehicles and equipment shall avoid using Arthur Street and
Matterhorn Drive.
8. The addition shall be architecturally compatible with the existing building and finished with
complementary exterior building materials and color scheme.
City of Fridley Land Use Application
SP #09-08 August 19, 2009
GENERAL INFORMATION
Applicant:
RSP Architects
Steve Maurelli
1220 Marshall St NE
Minneapolis MN 55413
Requested Action:
Special Use Permit to allow a private
school expansion in an R-1 zoning
district
Existing Zoning:
R-1 (Single Family)
Location:
1350 Gardena Avenue NE (Totino
Grace High School)
Size:
1.318.553 sa. ft. 30.3 acres
Existing Land Use:
Private School
Surrounding Land Use & Zoning:
N: Islamic Center & Single Family & R-1
E: Single Family & R-1
S: Single Family & R-1
W: Single Family & R-1
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.07.1.C.(3) requires a special
use permit for private schools.
Zoning History:
1965 — School is built.
1970 — Garage is built.
1977 — Addition to school.
1988 — Addition to garage.
1994 — Lot is platted.
1996 — Garage demolished.
1996 — New garage constructed.
1999 — Special use permit granted to
allow a new running track.
1999 — New running track constructed.
2003 — Variance approved to reduce the
parking stall width from 10 ft. to 9 ft.
2003 — New parking area constructed.
2006 — Special Use Permit & Variance
approved to allow a private school and
to allow an auditorium renovation. —
auditorium renovation never constructed.
Legal Description of Property:
Lot 10, Block 1, Totino Grace Addition
SPECIAL INFORMATION
Public Utilities:
Building is connected.
Transportation:
Gardena Avenue and Arthur Street provide
access to the property.
Physical Characteristics:
Buildings, parking areas, running track, pond,
and wooded area.
SU M MARY OF PROJECT
The petitioner, Mr. Maurelli of RSP Architects,
who is representing Totino Grace, is seeking a
special use permit to allow an expansion of an
existing private school in an R-1, Single Family
zoning district, located at 1350 Gardena
Avenue.
SU M MARY OF ANALYSIS
City Staff recommends approval of this special
use permit, with stipulations.
Private Schools are a permitted special use in
the R-1 zoning district.
Aerial of the Site
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — September 14, 2009
60 Day — September 14, 2009
Staff Report Prepared by: Stacy Stromberg
SP #09-08
REQUEST
The petitioner, Steve Maurelli of RSP Architects, who is representing Totino Grace, is
seeking a special use permit to allow an expansion of an existing private school in an R-
1, Single Family zoning district, which is located at 1350 Gardena Avenue.
Private schools are a permitted special use in an R-1, Single Family zoning district.
Each time the school proposes to modify the school in any way that may impact the
neighborhood, the City is required to have the request reviewed by the Planning
Commission and City Council for compatibility.
PROPOSED PROJECT
The petitioner is proposing to construct a 15,000 sq. ft. addition to the northeast corner
of the existing building. The petitioner also plans to remodel approximately 20,000 sq. ft.
of the existing school space. As stated by the petitioner, "This project does not include
the addition of new c/assrooms, but rather, accommodates enlargement of current
space. The current spaces that will be enlarged as a result of the addition are the Art,
Band, Choir, Wrestling, and Fitness Rooms as well as modernization of the Auditorium.
As a result, this project will not result in any additional students, but is intended only to
upgrade facilities.
SITE DESCRIPTION AND HISTORY
The subject property is zoned R-1,
Single Family as are all surrounding —
properties. The property is located
on Gardena Avenue, east of Central ��
Avenue and is approximately 30 ��, ,
acres in size. The parcel of land is --
�¢ �
comprised of a private school and =,�
other building associated with the �
.����
school, track and field facilities, ball �
���
fields, parking lots, and a storm
water pond. The school was =
_� constructed in 1965, with an
addition constructed in 1977. Since _��
r �� � i i �, i � �.,
' I � � -r
rr
the time of its construction, there -
have been additional modifications °;�'
�� l'4
to the interior and exterior of the
school. Totino Grace is a co-
educational Catholic high school,
which provides education to approximately 925 children in grades 9-12.
'Totino Grace
',High School
��_�
, -,$
''�-
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, � .�_ r� �
l �. 'Q�`ry � �<�
��, �.. �,�� � �-�
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In 1999, a special use permit was issued for the property to allow the school to upgrade
the existing track and field facility. In 2003, the City Council approved a variance
request by Totino Grace High School, to reduce the width of parking stalls from 10 ft. to
9 ft. to allow an expansion of a parking lot. In 2006, the City Council approved a special
use permit to allow the school to exist in an R-1, Single Family zoning district and a
variance to increase the height of a portion of the school building to allow an auditorium
renovation. The auditorium renovation was never completed and the petitioner has
instead decided to construct the proposed addition and do some interior remodeling
instead of the renovation to the auditorium.
ANALYSIS AND CODE REQUIREMENTS
Private schools are a permitted special use in the R-1, Single Family zoning district,
provided that the proposed expansion complies with the requirements for the special use
permit, subject to the stipulations suggested by staff. The proposed expansion will allow
for the construction of a 15,000 square foot addition that will essentially reallocate and
enlarge existing uses that are currently within the building. It will enlarge space that is
used for Art, Bank, Choir, Wrestling and Fitness. Along with the proposed addition, the
petitioner plans to remodel approximately 20,000 square feet of space within the school,
which will include modernization of the Auditorium.
When the special use permit and variance were issued for this property in 2006, staff
determined that City Code would require 374 parking stalls based on the interior uses of
the building. Since the proposed addition is intended to upgrade facilities and it not
being constructed to allow an increase in facility or students, staff has determined that
the 374 parking stalls required by code is an adequate number to continue to require.
Staff is also comfortable with this assessment because according to the petitioner,
enrollment at the school has actually been declining yearly from 1,070 students in 2005
to 925 students in 2009. There are currently 460 parking stalls on the site, which meets
code requirements.
The proposed expansion meets all setback requirements and lot coverage requirements
at 15.4% for the entire site.
RECOMMENDATIONS
City Staff recommends approval of this special use permit request as private schoo/s are
a permitted special use in the R-1, Single-Family zoning district, subject to stipulations.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall meet all building, fire, and ADA requirements for any new
construction, alteration, or renovation done on the site
3. City Engineering staff to review and approve grading and drainage plan prior to
issuance of a building permit.
4. Petitioner shall meet any requirements identified by the Rice Creek Watershed
District.
5. The subject property shall be maintained free of any and all construction debris.
6. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p. m.
7. When reasonable, construction vehicles and equipment shall avoid using Arthur
Street and Matterhorn Drive.
8. The addition shall be architecturally compatible with the existing building and finished
with complementary exterior building materials and color scheme.
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 14, 2009
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS