09/28/2009 - 4547�
� CITY COUNCIL MEETING OF SEPTEMBER 28, 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.
PROCLAMATIONS:
Student Foreign Exchange Week: September 28 — October 4, 2009
Marie Kuehne, Germany
Sebastian Barrientos, Chile
Fire Prevention Week: October 4— 10, 2009
Domestic Violence Awareness Month — October, 2009
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of September 14, 2009.
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission
Meeting of September 16, 2009 ...................................................................... 1- 21
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
2. Resolution Directing Preparation of the Assessment
Roll for the 2009 Nuisance Abatement ................................................................. 22 - 23
3. Resolution Directing Publication of the Hearing on the
Proposed Assessment Roll for the 2009 Nuisance
Abatement............................................................................................................. 24 - 26
4. Resolution Declaring Costs to be Assessed and
Ordering Preparation of Proposed Assessment for
Street Improvement Project No. ST. 2009-1 ......................................................... 27 - 28
5. Resolution Directing Publication of the Hearing on the
Proposed Assessment for Street Improvement Project
No. 2009-1 ............................................................................................................ 29 - 31
6. Special Use Permit Request, SP #09-05, by
LAI Midwest, Inc., to Allow Limited Outdoor Storage,
Generally Located at 7645 Baker Street N. E. (Ward 1);
and
Resolution Approving Special Use Permit, SP #09-05,
for LAI Midwest, Inc., 7645 Baker Street ............................................................... 32 - 44
7. Special Use Permit Request, SP #09-10, by Larsen's
Manufacturing Co., to Allow Limited Outdoor Storage,
Generally Located at 7421 Commerce Lane N.E.
(Ward 3);
and
Resolution Approving Special Use Permit, SP #09-10,
by Larsen's Manufacturing, 7421 Commerce Lane N.E . ....................................... 45 - 52
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
8. Special Use Permit Request, SP #09-11, by
CSM Properties, to Allow Limited Outdoor
Storage, Generally Located at 490-494
Northco Drive (Ward 1);
and
Resolution Approving Special Use Permit,
SP #09-11, for CSM Properties, 490 Northco
DriveN. E . ............................................................................................................. 53 - 64
9. Special Use Permit Request, SP #09-16, by
CSM Properties, to Allow Limited Outdoor
Storage, Generally Located at 500 — 73rd Avenue
(Ward 1);
and
Resolution Approving Special Use Permit,
SP #09-16, for CSM Properties, 500 Northco
DriveN. E . ............................................................................................................. 65 - 75
10. Resolution Designating Time and Number of
Council Meetings for 2010 .................................................................................... 76 - 78
11. Claims: 143333 — 143483 .................................................................................... 79
12. Licenses ............................................................................................................. 80 - 86
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 4
PUBLIC HEARING:
13. Consideration of the Modifications to the
Redevelopment Plan for Redevelopment
Project No. 1 and the Tax Increment
Financing Plans for Tax Increment Finance
Districts Nos. 1, 6-7, 9, 11-14 and 16-19,
Creation of Tax Increment Financing District
No. 20 (Columbia Arena Property) and
Approval and Adoption of a Tax Increment
Financing Plan Relating Thereto ............................................................................ 87
NEW BUSINESS:
14. Special Use Permit Request, SP #09-12,
by AAbco Auto Parts, to Allow an Automobile
Recycling Center in an M-1 Zoning District,
Generally Located at 7360 Central Avenue N. E.
(Ward 2)
and
Resolution to Approve a Request for Special Use
Permit, SP #09-12, for AAbco Fridley Auto
Parts, 7360 Central Avenue N. E . .......................................................................... 88 - 98
15. Resolution Approving an Amendment to the
Contract for Curbside Recycling with Allied
WasteServices ..................................................................................................... 99 - 111
16. Approve Change Order No. 3 for the 85tn
Avenue Trail Project No. ST. 2007-4 .................................................................... 112 - 115
17. Informal Status Reports ........................................................................................ 116
ADJOURN.
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Student Foreig�n Exchang�e Wee1�r
September Z8 - October 4, Zoog
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WHEREAS, our community's gr�eatest asset is our youth; and
WHEREAS, the American Field Service (AFS) organizes and administers a progr�am which
brings students from around the world to our community; and,
WHEREAS, this interchange of culture and philosophy contributes to the education and
maturation of our youth in many and varied ways; and,
WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our
distinguished guests;
NOW THEREFORE, BE IT RESOLVED, that I, Robert L. Barnette, Mayor Pro Tem for the
City of Fridley, hereby proclaim September 28 through October 4, 2009, as Student Foreign
Exchange Week,
IN HONOR OF SEBASTIAN BARRIENTOS FROM CHILE
BE IT FtIRTHER RESOLVED, that Sebastian be made an honorary citizen of the City of
Fridley, Minnesota, during his stay.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the seal of the City of Fridley to be
affixed this 28`h day of September, 2009.
Robert L. Barnette, Mayor Pro Tem
ri) ! �/ / !!
Fi�e Prevention �Veek
Ortober 4 - �o, �ooq
WHEREAS, the City of Fridley is committed to ensuring the safety and security of all those living in and
visiting our city; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the
locations where people are at greatest risk from fire; and
WHEREAS, roughly 3, 000 people die as a result of home fires and burns, more than 200, 000 individuals
are seen in the nation's emergency rooms for burn injuries; and
WHEREAS, thermal burns outnumber scalds nearly two-to-one, but for children ages five and under;
scalds outnumber burns roughly two-to-one.
WHEREAS, cooking is the leading cause of home fires and home fire injuries, while heating equipment
and smoking are the leading causes of home fire deaths; and
WHEREAS, the Fridley Fire Department is dedicated to reducing the occurrence of home fires and
home fire injuries through prevention and protection education; and
WHEREAS, Fridley's residents are responsive to public education measures and are able to take
personal steps to increase their safety from fire, especially in their homes; and
WHEREAS, residents who have planned and practiced a home fzre escape plan are more prepared and
will therefore be more likely to survive a fzre; and
WHEREAS, the 2009 Fire Prevention Week theme, "Stay Fire Smart.� Don't Get Burned" effectively
serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention
Week and year-round.
NOW THEREFORE, BE IT RESOLVED, that I, Robert L. Barnette, Mayor Pro Tem for the City of
Fridley, do hereby proclaim the week of October 4-10, 2009, to be:
in the City ofFridley, Minnesota.
FIRE PREVENTION WEEK
IN WITNESS WHEREOF, I have set my hand
and caused the seal of the City of Fridley to be
affzxed this 28`h day of September, 2009.
Robert L. Barnette, Mayor Pro Tem
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DOaI�STIC YIOlrE1VCE
A WARENESS MONTH
OCTOBER, Zooq
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WHEREAS, the community problem of domestic violence has become a critical public health and
welfare concern in Anoka County; and
WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka
County, and perpetrators of said crime are subject to prosecution and conviction in accordance with the
law; and
WHEREAS, thousands of women and children have and will continue to access assistance from
Alexandra House, Inc., a domestic violence service provider; and
WHEREAS, domestic violence will be eliminated through community partnerships of concerned
individuals and organizations working together to prevent abuse while at the same time promoting social
and legal change; and
WHEREAS, October is National Domestic Violence Awareness Month; and
WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will
inform area residents about domestic violence, its prevalence, consequences, and what we, as a
concerned community, can do to eliminate its existence.
NOW THEREFORE, BE IT RESOLVED, that I, Robert L. Barnette, Mayor Pro Tem for the City of
Fridley, do hereby proclaim the month of October, 2009, to be:
DOMESTIC VIOLENCE AWARENESS MONTH
in the City ofFridley, Minnesota.
IN WITNESS WHEREOF, I have set my hand
and caused the seal of the City of Fridley to be
affzxed this 28`h day of September, 2009.
Robert L. Barnette, Mayor Pro Tem
CITY COUNCIL MEETING
CITY OF FRIDLEY
SEPTEMBER 14, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:29 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Saefke
Councilmember Bolkcom
Councilmember Varichak
Councilmember Barnette
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
James Kosluchar, Public Works Director
Scott Hickok, Community Development Director
Richard D. Pribyl, Finance Director
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
APPROVED.
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of August 19, 2009.
Councilmember Varichak pointed out that the name, "Gordon Blacklund," should be Gordon
`B acklund."
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 2
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).
William Burns, City Manager, stated the special use permit would allow storage of a container
situated on 320 square feet of property. Since the requested storage is well below the allowable
storage area for a building the size of Kurt Manufacturing, staff along with the Planning
Commission recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
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.
William Burns, City Manager, stated at the September 3 meeting the Fridley Housing and
Redevelopment Authority approved a resolution providing for their property tax levy which
would be collected from Fridley property owners in 2010. The levy rate is .0185 percent of the
taxable real estate and personal property value in Fridley. It will generate approximately
$498,000 to be used for the HRA's housing rehabilitation and other redevelopment programs.
The owner of a home valued to date at $150,000 will be taxed $27.57 next year. The owner of a
commercial property valued at $1,000,000 would pay $185 next year. The levy must be certified
to the County by September 15, 2009. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2009-34.
4. Resolution Approving Agreement with Anoka County for a Roadway License for
Siverts Lane (Ward 2).
William Burns, City Manager, said when the street reconstruction project was done in 2008, we
discovered that a one-tenth acre parcel of Siverts Lane was on Anoka County park property.
That caused us to drop Siverts Lane from the proj ect until such time as we could acquire the
County's property. The County does not want to relinquish the property but is willing to allow us
to use the property under a license agreement. While there is a termination clause in the
agreement, chances appear remote the County would ever exercise its right to terminate. In the
event Council approves the agreement, staff will attempt to reconstruct Siverts Lane this year
under the 2008 street construction contract which is still open. Special assessments would be set
at the 2008 rate and could be established this fall. Staff recommends Council's approval.
Councilmember Bolkcom asked if any of the residents have been contacted.
Jim Kosluchar, Public Works Director, said they have been in contact with several of them.
They will have some formal contact before the proj ect begins again.
ADOPTED RESOLUTION NO. 2009-35.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 3
5. Resolution Requesting No Parking Signs on East River Road from I-694 to
Mississippi Street (Ward 3).
William Burns, City Manager, stated the resolution asks Anoka County to establish "No
Parking" signs on East River Road between I-694 and Mississippi Street. No parking restrictions
already exist north of Mississippi Street and south of I-694 on East River Road. These additional
no parking restrictions are justified in view of the higher speeds, narrow shoulders, and the
existence of ample all street and side street parking in this area. The new parking restrictions
will also enhance the ability to make u-turns on East River Road and provide better clearance for
bus stops on this section of East River Road. It will also greatly improve the ability for bicyclists
to ride on East River Road especially with the advent of the Northstar commuter rail station.
Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
6. Claims (143083 —143330).
APPROVED.
7. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
8. Estimates:
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374-9461
2009 Street Rehabilitation Proj ect No. ST2009-01
Estimate No. 2 ................................................$299,278.37
Ron Kassa Construction
6005 East 250th Street
Elko, MN 55020-9447
2009 Miscellaneous Concrete Repair Project No. 384
Estimate No. 3 ................................................$ 18,665.60
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item Nos. 2 and 5 be removed from the consent agenda.
MOTION by Councilmember Barnette to approve the consent agenda with the removal Item
Nos. 2 and 5. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 2
and 5. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Sandy Locker, President of the American Legion Auxiliary, stated on October 3 they are having
a flag retirement and an appreciation day. All are welcome to attend.
OLD BUSINESS:
9. Resolution Certifying Proposed Tax Levy Requirements for 2010 to the County of
Anoka (Tabled August 24, 2009).
Richard Pribyl, Finance Director, stated on August 24 staff brought before Council a levy
resolution that was tabled pending research by staff on levying back unallotted local
governmental aid or what is currently called "LGA." Since that meeting, the City Attorney has
researched and provided his opinion regarding the City's ability to levy unallotments beyond the
annual Charter limitation. Staff has also met with staff from the League of Minnesota Cities to
discuss the legal opinion by the City Attorney, and they also agreed with his findings. Staff has
reviewed with the Department of Revenue how they would implement the special levies known
as the unallotted LGA.
Mr. Pribyl said these are actually funds called Local Governmental Aid that have survived tax
bills, have actually been certified to cities, and the Governor then actually has the ability to take
them away under an unallotment.
Mr. Pribyl stated at the August 24 Council meeting they presented a levy resolution indicating a
total levy of $10,299,707 which is the Charter limit for an 8.73% increase from 2009. At that
time, we felt we had not levied all of the unallotted LGA that was allowed under state levy limits
due to exceeding the allowed levy limit. We stated if we levied all of the unallotted LGA, we
would have a levy increase of approximately 15 percent. Upon recalculating the 2010 state levy
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 5
limit, we found that we used the net amount of LGA after unallotment instead of the gross
amount or what is called the certified amount as provided by the Department of Revenue.
Mr. Pribyl stated the total 2010 certified LGA is $1,585,353. The 2010 proposed total
unallotment is $825,939. The net LGA after the proposed unallotment, is $759,414. This
information was attached to the certification provided by the Department of Revenue on July 31.
They stated in that information that the net LGA after unallotment represents a more appropriate
planning number for municipal budgets for 2010, which is what drove us to actually use the net
amount instead of the gross amount. Due to this change in the state levy limit, actually going to
the certified ballot amount, the State levy limit fell below the Charter levy limitation by
$179,545 even after invoking all of the allowed unallotments for LGA for 2008 and 2009. The
recalculated 2010 state levy limit is $10,120,162, compared to the City of Fridley charter limit of
$10,299,707. So you can see we are now constrained by the State levy limit.
Mr. Pribyl stated staff's recommendation is to remove from this resolution from the table and
adopt the resolution certifying the proposed tax levy requirement for 2010 as: general fund,
$9,101,421; Six Cities Watershed Management Organization (an agency fund), $6,200;
Springbrook Nature Center, $314,400; and bonded indebtedness (for our bond issues) for
$698,141, which would provide a total levy of $10,120,162.
Mr. Pribyl stated an approved resolution must be delivered to Anoka County by September 15.
William Burns, City Manager, asked what this amounted to in terms of an increase.
Mr. Pribyl stated with the change in market values, they estimate this change would be
approximately $50 a year for the average homeowner.
Dr. Burns asked what the percentage was for the increase.
Mr. Pribyl replied that percentage is 6.8% versus 8.73%.
Dr. Burns stated it would be essentially over two years.
Mr. Pribyl stated it would actually be over two years because in 2009, we were constrained by
the state levy limit; and we actually had a.58 percent decrease in 2009 and levy from 2008. In
2009 we actually had a cost of living increase of 2.6; in 2010 of 3.8.
Mayor Lund said at the last meeting there was concern expressed that though Mr. Pribyl was
talking about an 8.73% increase, if we were able to levy back all the unallotments, it would
increase up to around 15.3%. Now we are looking at corrected numbers, and we do not even
have an option to go as high as 15%. We are down to 6.8% and that is a hard and fast figure at
this point. This is quite a different from a potential of plus 15% to less than 7%.
Mr. Pribyl replied, that is correct.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 6
Mayor Lund asked if staff was sure these are the correct numbers. He understands Mr. Pribyl
has not only talked to our legal counsel, but the League of Minnesota Cities, as well as the
Department of Revenue. It seems to him they appear to be quite slow in giving out information
when they know that all cities have to put these numbers together, and they seem to be bringing
the numbers to us in a very short timeline.
Mr. Pribyl replied this is the first time we have had to actually work with laws dealing with
unallotments of certified LGA. This bill is not written that clearly, and the Department of
Revenue has to do some interpretations on how the bill is written. With some of the information
staff has received since the last meeting, with some of the studies they have done, and with the
opinion provided by our City Attorney, when you take a look at the State Statute, the Department
of Revenue's implementation is not in strict accordance with the way the statute is actually
written. There is some interpretation that is being implemented by the Department of Revenue in
regards to the true statute language. So it is a very difficult thing to actually implement based on
how that law was written.
Mayor Lund asked if staff was certain on the interpretations.
Mr. Pribyl said staff used the number they thought they were being guided to by the Department
of Revenue. Staff has talked to the Department of Revenue, and they have the form it provides
to the City for actually calculating levies and that is where we are at.
MOTION by Councilmember Bolkcom to remove this resolution from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Saefke asked if we had made the distinction between the reduction in LGA as
opposed to unallotted LGA or what we can actually recover as opposed to what we cannot.
Mr. Pribyl stated, yes, by the definition of "unalloted" which is the difference between certified
and what we received, is actually the amount we are working with.
Councilmember Saefke asked so it is not part of what the overall LGA pool was reduced by
prior to the tax law being implemented. We are actually dealing with certified dollar amounts
versus what we actually received each year.
Dr. Burns stated we have not had reduced LGA since 2006.
Mr. Pribyl said for 2010, the City had an increase of LGA when it finally got the numbers. The
State wound up unallotting a vast maj ority of what they actually certified to us.
Councilmember Saefke said we have included what we could recover under State statute and
that is an unallotment?
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 7
Mr. Pribyl replied we have included as a special levy these unallotments within the total
amount.
Councilmember Saefke said we cannot recover the reduced LGA that preceded it.
Mr. Pribyl replied correct.
Dr. Burns asked if we recovered more of the reduced LGA.
Mr. Pribyl replied we generally did. We recovered as much as we possibly could under state
law in those particular years in which there was reduction and if it was allowed within the state
laws in those particular years. However, again those were not considered unallotment. Each
year, each legislative process, each tax bill and the language is different. To actually try and
generalize you need to look at each particular year.
Councilmember Saefke said we are including in this levy what we can by state statute and our
Charter to recover the unallotments for years 2008 and 2009, correct?
Mr. Pribyl replied correct.
Councilmember Saefke said we cannot do that for 2010 as of this moment.
Mr. Pribyl replied, as of this moment. State law allows us to recertify prior to January 15 only
if we lose our December, 2009, LGA. The unallotment projected to occur in 2010, will actually
be able to levied back in 2011.
Councilmember Saefke stated to Mr. Pribyl he has answered the question that he posed two
weeks ago when they were talking about this 15.1 percent and why are we not levying
everything back that we could. The question he posed is we are proposing a levy then of 8.73
percent, and he guessed he was confused at that time why we were not levying back the
unallotments which would have put us back up to that 15.1 percent, is that correct?
Mayor Lund stated as was mentioned earlier, as we know there may very likely be an
unallotment just before end of this year like we experienced in 2008. However, in this case, if
that should occur, they are going to allow the City to recertify the levy again. He asked if that
was a unique situation.
Mr. Pribyl replied, yes, that has never happened since he has been working in government and
he personally has never heard of it before.
Councilmember Bolkcom stated we also have to keep in mind that we are still using up our
fund balances, and she thinks it is really important. It is great that it is only going to be that type
of percentage, but we are taking money out from our general fund. She is a little concerned that
we still do not have a lot of money for rainy days.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 8
Dr. Burns stated this still leaves us with the need to bring in about $1 million from outside the
general fund to support the general fund.
Councilmember Bolkcom stated our auditors caution us every year that we are getting closer
and closer to not being where we need to be. The other big thing is she wants to make sure
people understand the special levy has nothing to do with asking the voters for a special levy.
This is state statute language related to special levies.
Mr. Pribyl replied correct. Special levies is a term within the definition of levy calculation for
the state levy limit that allows in particular situations occurrences that actually levy certain dollar
amounts, such as bonded indebtedness. In this particular case they are allowing that the
unallotments of state aid are actually special allowances above and beyond the state levy limit
defined within State statute. It does not have anything to do with a local designation.
Pam Reynolds, 1241 Norton Avenue N.E., stated everything she is reading from the League of
Minnesota Cities and the Department of Revenue says you can levy back to 2008 in 2009
unallotted amounts. They keep talking about the 2010 unallotment which has not occurred yet.
She asked about the 2008 and 2009 unallotments and if they are being levied back.
Mr. Pribyl replied they are.
Mayor Lund stated we are working on the 2010 levy and budget. The first numbers we were
getting we were going to get "X" amount of dollars, and now we find out getting an unallotment
is very unlikely so we used the conservative number.
Ms. Reynolds stated but the 2010 levy allows for levying back unallotments in 2008 and 2009.
Where is that in our levy?
Mr. Pribyl stated it does not show on the actual distribution of dollars. It is actually within the
calculations where staff actually defines within the working papers what that limit is, and then
distributes it into those particular fund types.
Ms. Reynolds asked why the levy was less.
Mr. Pribyl asked less than what.
Ms. Reynolds stated the last time around, if the 2008 and 20091evies are already in there?
Mr. Pribyl stated with the formula that is used, we are reducing the net number, the number we
thought we were gong to get, not the certified number that is the higher number which would
then, because we used the smaller one, it would have allowed us to levy higher. That is where
that higher percentage came from. Once we took the smaller number, reduced that from the
starting number, it shrank.
Ms. Reynolds asked if he could explain how the Charter allows us to go 3.8 and how it would
have given us more than the State levy limit of 3.9?
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 9
Mr. Pribyl stated by backing off, by plugging in the 1.5, it actually reduced the number we
could levy which then brought the State levy limits less than the Charter levy limits. This is the
difficult nature of monitoring both the State levy and the local levy with special levies and
worksheets that are monitoring. There are still some nuances just with the implementation of the
unallotments that are somewhat inconsistent as compared to State law.
Ms. Reynolds asked if the money the City levies for bond indebtedness pays off those bonds.
Mr. Pribyl replied, absolutely. We could not levy unless it goes directly to that. The County
checks that.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-37. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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
Auto World.
MOTION by Councilmember Saefke to remove the item from the table. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Scott Hickok, Community Development Director, stated there is a multi-tenant building on the
front, eastern portion of the lot, and there is a building in the back which has served as a body
shop, spray booth, etc.
Mr. Hickok stated Council approved Special Use Permit #09-01 with 17 stipulations on
February 9, 2009, following a November 2008 revocation for a number of things, such as selling
automobiles on site and inappropriate use of the site. At the six-month deadline on August 10,
2009, petitioner had not met all 17 stipulations. Council modified the stipulations and gave the
petitioner another 30 days. In the rear security area, wooden fence boards were to be removed
and replaced by chain link Those have been removed. Rather than just putting up chain link
mesh, they chose to build chain link frames, to put inside the wood extensions and that is really a
preferred design as far as staff is concerned.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 10
Mr. Hickok stated new trees and rock were added south of the front building which is good
progress. There is very limited landscape on this site, and one of the things the City asked for
through the special use permit was to enhance it and take every little opportunity to landscape.
They have done that. They have planted three trees and put some landscape rock on the south
side of the building. It changes the image at least on that south side of the building. It also
allows for better security. A police officer could now conceivably park in that first stall and look
down the line to see if there is anything south of the building or even back into what will be the
chain link secured area in the back.
Mr. Hickok stated Stipulation Nos. 12, 13, and 18 are not complete. The petitioner has the
chain link fence sections ordered. There is a ventilation calculation that is in progress, but they
are awaiting the balancing report. Some of this is pretty technical stuff they have gotten in
experts to do, and staff is aware of it and kept informed of their progress. A new problem
developed late Friday. The spray booth in the rear building was red tagged because there was
insufficient service to provide sprinkling in the event of a fire. The interior sprinkling system did
not have enough of a line. They are taking a very expensive step to evaluate either rerunning the
larger line or going with a different sprinkler system completely. Staff is very pleased with the
progress and thinks we will see a very different operation of this site as we move forward. There
is a very significant investment on this site to date.
Mr. Hickok stated staff recommends approval of the resolution.
Councilmember Varichak asked when they were doing the testing, did they start right away
after Council's August 10 meeting. She asked how long the testing took.
Mr. Hickok replied he received a call from Mr. Nelson about two weeks ago. They had
contacted the fire suppression people who are specialists in their industry. He does not know if it
took time for them to get there, but he does know that as far back as three weeks ago, they were
in the process of working on those things. Mr. Nelson will be the first to admit that he learned a
lot through this process. This is the first type of operation like this he has manned, and he has
learned a lot about those spray booths. Our Fire Marshall and Building Official have been out
there, and they have been pleased with the petitioner viewing this as a real problem and also with
his resolve to get it taken care of. The petitioner is in the midst of some very expensive
modifications and improvements to that site. Staff is confident they will get it done. Council
always has the opportunity to see this again if they feel it is not going fast enough or if staff feels
for some reason it should come back before the Council.
Councilmember Varichak asked if Council should have given them a longer time to finish.
Mr. Hickok stated Council has done a very good job of monitoring this and 30 days was
reasonable. Staff is satisfied that a fairly troublesome site is now turned around and they have
made significant change.
Councilmember Varichak stated she drove by and saw that they have made significant
progress. She is pleased to see the work that has been done. She asked what is a reasonable
amount of time to get to completion.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 11
Councilmember Bolkcom stated she believed the manager is the one who said this could
happen in 30 days.
Glenn Nelson, Sam's Auto World, replied correct. He said he lost seven to ten days a couple of
days after he last saw them as his father-in-law passed away. That was unforeseeable. He
apologized for that delay. The only thing that was not back to them that should have been was
the balancing report. This is a detailed report, and they hired Bonestroo Engineering and the
balance report was supposed to be to them today. He stands before them confident that all 17 of
those items have now been addressed.
Mr. Nelson said the sprinkler system in the spray booth is concealed in the walls of the building.
They hired an approved firm at the request of the fire inspector. They found they have a three-
quarter inch water line in the back of that building and it should be a two-inch. They had the
testing done and found that the six sprinkler heads in the body shop are grossly underrated. We
had meetings as late as 4:30 this afternoon with two firms and have a third firm coming in
tomorrow morning and that will tell them whether or not they are going to extend a two-inch line
from the front of the property to the back or if they are going to go with a dry system. They will
have answer before the end of the week, and Mr. Hickok will be apprised of that.
Councilmember Bolkcom asked if the fence still needs to go up. She is fine with approving the
resolution, but wants a report within a month about what is going on. She asked what would be
a reasonable time to get the rest of the work done. Would a month be reasonable to get a report?
Mr. Hickok said depending on what system they decide to go with, it may take a bit longer than
that to get it installed and working properly. Staff could report to Council and let them know
where they are at.
Councilmember Bolkcom said there two things before them, the special use permit with the
changes in the stipulations and a resolution approving the modifications.
Mr. Hickok stated pursuant to discussions with Attorney Knaak, they would like to do a
resolution to seal the special use permit and all the stipulations.
Mayor Lund stated the petitioner is making significant progress, staff seems to be satisfied, and
there is a good cooperation level now. He is comfortable. He cannot envision Mr. Nelson
stopping now when he is at this point.
MOTION by Councilmember Varichak to adopt Resolution No. 2009-38. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 12
NEW BUSINESS:
11. Approve Comprehensive Sign Plan for Sam's Auto World, Generally Located at
7570 Highway 65 N.E. (Ward 2).
Mr. Hickok stated Chapter 214 of the City Code requires that a building that has three tenants or
more has a comprehensive sign plan for those multiple uses in that building. That assures a
consistency in the building and at least you know where the tenants' signs are going to go and
how they are going to look Sam's Auto World had a sign plan in place, but it did not
acknowledge that there were two buildings on this site in their freestanding plan. Stipulation No.
15 in Sam's Auto World's special use permit required a new sign plan for this site that corrected
the oversight of that original comprehensive sign plan and included the plan identification sign.
Staff recommends approval of the proposed new comprehensive sign plan.
Councilmember Bolkcom suggested the plan should be proofed as there are several
typographical errors.
MOTION by Councilmember Varichak to approve the Comprehensive Sign Plan for Sam's
Auto World, generally located at 7570 Highway 65 N.E. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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).
Scott Hickok, Community Development Director, stated private schools are permitted with a
special use in the R-1, Special Family District. Each time a school proposes to modify a school
in any way that may impact the neighborhood, the City is required to have a request reviewed by
the Planning Commission and the City Council for compatibility. The petitioner is proposing to
construct a 16,000 square foot addition to the northeast corner of the existing building. The
petitioner also has plans to remodel approximately 20,000 square feet of the existing school
space internally as it exists on-site. 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 arts, band, choir, wrestling, and fitness
rooms as well as modernization of the auditorium. This project will not in any way result in
additional students but is intended only to upgrade the facilities.
Mr. Hickok stated in 2006 the City Council approved a special use permit to all schools existing
in R-1 Single Family zoning districts 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
other interior remodeling. Being that private schools are permitted in R-1, Single Family
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 13
Districts, the proposed expansion will allow for the construction of a 15,000 square-foot addition
and will essentially relocate and enlarge existing uses that are within the building.
Mr. Hickok stated when the special use permit and variance were issued for this property in
2006, staff determined the 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 374 is an
adequate number they can continue to use. Staff is also comfortable with this assessment
because according to the petitioner, the enrollment at the school has been declining from 1,007
students in 2005 to 925 students in 2009. There are currently 460 parking stalls on the site which
exceeds our requirement.
Mr. Hickok stated the Planning Commission recommend approval of this item with stipulations
at their meeting on August 19.
Councilmember Saefke stated he wanted to thank both Mr. Hickok and Brother Milton or his
representatives for taking care of the concern of a resident on Arthur Street regarding tree
removal. The party was invited over to the school to take a look at the plans and the
landscaping.
Councilmember Varichak asked Mr. Hickok to explain the difference between private schools
versus public schools in an R-1 zoning district.
Mr. Hickok replied we have both in Fridley and as such they are in what is called a"P" District
or Public District. Schools in the public district have a bit more latitude in that it is presumed
they are going to be there, that their public use is essential, and they will have certain setback
considerations and characteristics about it that need to be considered. In one of the earliest codes
in Fridley, it stated the R-1, Residential District, is an okay district for private schools provided
there is a special use permit with stipulations if they modify or to mitigate any impacts. For
example, on a school such as this, if there were stipulations necessary for directing lights over
the football field so that surrounding residential would not be negatively impacted, those would
be built into a special use permit. If there was one regarding noise in the football arena or track
area, that might be considered part of a special use permit.
Councilmember Varichak asked if the City has heard anything from the Rice Creek Watershed
District regarding any problems related to the addition.
Mr. Hickok said staff has not. He will defer that question to the architect. It was submitted as is
always done early on in the project. At this point staff is not expecting any surprises. The size is
fairly nominal, 15,000 square feet, and relative to the size of the campus and the building.
Steve Maurelli, RSP Architects, stated they did in fact get it last week.
Mayor Lund asked how far along they are into their proj ect.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 14
Mr. Hickok said they are not into what requires a permit yet at this point other than land
alterations. After Council gives their approval if they choose to do that, they will move onto the
actual structural things. They did ask whether they can start excavating, knowing the risk If
Council says no to the special use permit, the property would need to be regarded and replanted.
There is nothing in the City Code that says they cannot do that. Consideration of the weather at
this time of the year is important.
Mayor Lund stated it appears somewhat presumptuous that Council will approve it.
Mr. Hickok stated the City does not have a private property tree preservation ordinance, and
they could have taken that tree down without a proj ect. The risk that they take is Council can say
no if they choose to.
Mayor Lund stated he was a little surprised that something was going on prior to what he knew
was coming before the Council, but understands that they probably want the foundation and the
below ground in before the ground freezes.
Councilmember Bolkcom stated she has the same concern. Would they let anyone else start
excavating their property? She feels put into a corner here.
Mr. Hickok replied, in the same situation we would.
Councilmember Bolkcom asked if there is such an urgency, why was it not before them earlier.
Mr. Hickok replied it is within the timeframe laid out on the calendar based on when the
application came in, then to the Planning Commission, and then the City Council. There are
notifications and requirements, etc.
Councilmember Bolkcom asked if the variance went away.
Mr. Hickok replied it will be gone.
Councilmember Bolkcom said they just need a special use permit because they are putting on
an addition.
Mr. Hickok replied correct.
Councilmember Bolkcom asked about Stipulation No. 6 and the construction hours.
Mr. Hickok replied our City Code spells out construction hours. It does provide for Saturday
hours but does not allow Sunday hours. As we oftentimes do, even though it is already
embedded in the City Code, we put it in as a stipulation to remind people not to start early and
not to stay late.
Councilmember Bolkcom asked regarding Stipulation No. 7 related to reasonable construction
vehicles and equipment, how are they going to do that?
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 15
Mr. Hickok replied, this came up as an early question from a resident about the construction
traffic. Staff conveyed that to the architect and their staff, and they said go ahead and stipulate it.
That is not to say that something is not going to have to work its way around one or the other
sides of the building, but they will let all their subcontractors and general contractors know that
Gardena is the primary route to get the equipment there. Even if the supervisor is not right there,
they have put up a work area fence which is very typical and helps to direct. If someone shows
up with a piece of equipment and sees the fence, they know where the front gate is.
Councilmember Bolkcom asked as far as the number of stalls there should not be any problems
as far as parking in this area.
Mr. Hickok replied, not at all. Thankfully they have an interesting strategy that will allow them
to basically build the shell of the building and work on the outside of the building. They have
more stalls than needed by the City Code and staff requires. Also, where they are constructing
the building, they are not going to disrupt the school. They are going to build the outside shell
first and, when summer comes, they will open up into the building and finish when the students
are gone.
Councilmember Bolkcom asked so they do not anticipate the neighborhood being at all
frustrated with parking on the streets and issues related to this project.
Mr. Hickok replied he would not think so at all. With the student population being down, they
now have roughly about 100 more stalls than they need. The number of the cars on the street are
diminishing each year.
Councilmember Varichak stated she drives up Gardena every day to go to her house, and she
does see some parking on Gardena and quite a few cars by the bike path and where people are
walking.
Mr. Hickok said if every student drives they would definitely have a problem. What staff has
seen as a practice is that when spring comes, kids that might have been carpooling or kids that
maybe did not have their license in the earlier part of the year, now have their license and they
want to drive. The number increase as the school year goes on. With all the activities, kids are
driving themselves.
Councilmember Varichak asked Mr. Maurelli about the hours they will be working and which
is referenced in Stipulation No. 6.
Mr. Maurelli replied the contractor is fine with those stipulations.
Councilmember Varichak asked Mr. Maurelli whether he knows that the maj ority of the work
is close by Arthur Street. She would hope that they are accommodating the neighbors about
driving on Arthur Street to get the equipment in.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 16
Mr. Maurelli replied regarding the issues of parking, there is an overflow lot down by the
football stadium that Totino has opened up. There is plenty of parking on the site.
Councilmember Saefke asked how many of students get bused in.
Brother Milton Barker, President of Totino-Grace High School, replied very few. There is
some busing for students who live in the Fridley Public School District and in the Mounds View
Public School District. It is state law that in contiguous cities the public school must transport
non-public school students. He would say the total amount is less than 100. So about 820
students and 135 faculty and staff primarily carpool, and they are coming from all over the metro
area.
Councilmember Saefke asked Brother Milton does he think between the traffic and the busing
from Al-Amal School and students' cars, are they going to have any interference with the
construction vehicles or equipment or has that kind of been taken care of.
Brother Milton said he thinks there has been a real effort by Al-Amal to solve the busing
problems that came before Council when they had a special use permit about three years ago. He
thinks that has really been cleaned up. The area he thinks Councilmember Varichak is talking
about where some students still park on Gardena is further down on Gardena, so it does not
interfere with busing at Al-AmaL Many of those students park there because that is ready access
to all of the locker rooms. They are primarily athletes who are coming in early, possibly to do
weight training; leaving late after practices after 5 p.m.; and that is the most convenient place for
them to park If you would drive through the campus on any day you would see that today there
are spaces in the general lot and in the overflow lot that are not being used.
Councilmember Varichak asked Brother Milton if there is any way he could encourage those
students to park in the lot versus on the street. She knows it is hard to enforce. She sees a lot of
walkers that need to either go on the grass or outside the cars. That is a safety issue as far as she
is concerned and probably to Brother Milton's concern as well.
Brother Milton replied those would be walkers on the Totino-Grace side and not the other side
of the street. He lives on campus, he is there a lot, and finds a lot of people choose to walk on
the other side of the street.
Councilmember Varichak stated she does see walkers that walk on the side that the students
are parking on. She strongly encourages Brother Milton if he could make an announcement to
say that, especially during all this construction time when there might be more visibility issues or
what have you, if he could just encourage those students to park in the lots.
Brother Milton replied they can certainly encourage that.
Mayor Lund stated he knows in the past there have been issues with the neighborhood, and the
neighborhood did not want "No Parking" signs put up and did not want to be inconvenienced as
well. Hence, the school added another parking lot, but students do not necessarily have to use it
because it is a public street where anybody can park.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 17
Brother Milton stated just for clarification, there were two parking lots added, one closest to
Arthur and that is used heavily all the time. It is always full. There is another one down at the
stadium which is gated, and that is not used as often. There have been many, many fewer
complaints from neighbors in the last three years than there were five years ago. They went
through considerable expense to put in those other parking lots, and they are supported in that
effort by some bonding by the City and they certainly appreciate that. Also, they want to be
good neighbors. As he said to the family on Arthur Street, please look at their record. When
they put in the parking lots and stadium, they replaced all the trees. They will replace any trees
that need to be removed. Preserving that green space on that campus is important to them also.
Councilmember Varichak stated all the additions they have done at their campus has made that
campus more beautiful. She appreciates Brother Milton's efforts in taking time to make the
campus look good. She does not have a problem with this special use permit.
MOTION by Councilmember Varichak to Special Use Permit Request, SP #09-08, by RSP
Architects on Behalf of Totino-Grace High School, with the following eight 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 this 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 a.m. 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 Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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).
Councilmember Bolkcom asked about the ivy and shrubs. She said she could not tell if that is
something the City is going to manage. Is it something that will be brought back to City staff for
approval?
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 18
Mr. Hickok stated they have talked to them about it and they have no problem with either. The
problem with shrubs is they have very limited space. They have a gigantic site and a gigantic
building. They have lots of hard surface. What they are talking about is back on the west side
against the rail.
Councilmember Bolkcom asked why they had it in there.
Mr. Hickok said they have been working on that rail corridor and cleaning the backs of
industrial buildings. We do not want them to put storage out there thinking it is not being seen.
Councilmember Bolkcom asked if they are going to bring the plan back to staff and show it to
them.
Mr. Hickok replied they are going to follow up on the special use permit once everything is
installed. If there is any reason to bring it back for Council's review, they will do so. The
petitioner has reviewed the stipulations, and they have no problems with doing the installation of
either. It is most likely going to end up being ivy because they do not have a planting area for
shrubs without taking out asphalt.
Councilmember Bolkcom asked if there was irrigation there.
Mr. Hickok replied that is the nice thing about the vines being a really good solution. The vines
at the Islamic Center are not irrigated and they are growing nicely.
Mayor Lund asked if it should say something about a non-invasive type of ivy or something
about a landscape plan that is agreeable to staff.
Mr. Hickok replied he agrees with that modification.
Councilmember Varichak pointed out in the Planning Commission minutes, on page 5, third
paragraph, seventh line, ". .. to comply will all." should be ". .. to comply with all."
MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #09-09, by
Kurt Manufacturing Company with the following three 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 that has been approved by City
staff 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 Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 19
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Resolution Requesting No Parking Signs on East River Road from I-694 to
Mississippi Street (Ward 3).
Councilmember Bolkcom asked if any of the residents along this area had been notified. If not,
are there some plans for Anoka County to let them know? There are so many signs along East
River Road it is hard to visualize another sign. She would recommend that when we send this
resolution to the County that they send out some type of letter to the people who live along East
River Road because it really impacts them.
James Kosluchar, Public Works Director, said they can make a request. He thought the County
would work with the City on that.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-36. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Report.
William Burns, City Manager, asked if the Kurt Manufacturing item was one of the issues
identified this summer during our comprehensive code enforcement.
Mr. Hickok said it was. They are pleased to say the industries have been great about it and the
City has had good response.
Councilmember Barnette stated on November 14 there will be a ribbon-cutting ceremony at the
Northstar rail station site. There will be 1,000 tickets given through a lottery for free rides
downtown and back The Northstar rail operation begins on November 16.
Dr. Burns asked if all the other stations are completed.
Councilmember Barnette replied the other stations are all complete other than a few small
items. The Fridley station is the last one to be finished, and part of that is because of the tunnel
and the fact that we were not in the mix there for a while. The big talk now, at least by the
Northstar Commuter Rail Executive Board, is Phase II, which is moving this up to St. Cloud. He
thinks in the next two or three years they will see that in operation as well.
Councilmember Bolkcom asked Mr. Kosluchar when is the traffic light going to be put in.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2009 PAGE 20
Mr. Kosluchar replied Anoka County opened bids last week on the 61st Way/East River Road
signal upgrades, so they will be starting work soon. The long lead item is going to be the signal
poles. What they are going to work on the site improvements anticipating the pole installation.
He believed the end of year is what they anticipate for construction completion.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:58 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
PLANNING COMMISSION MEETING
September 16, 2009
Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m.
MEMBERS PRESENT:
MEMBERS ABSENT:
Dean Saba, Jack Velin, Marcy Sibell, David Kondrick, and Brad
Sielaff
Leroy Oquist and Brad Dunham
OTHERS PRESENT: Stacy Stromberg, City Planner
Scott Hickok, Community Development Director
Rachel Harris, Environmental Planner
Chris Clos, A-ABCO Auto Parts
Chad Lemmons, Kelly & Lemmons
Brian McCool, Fredrikson & Byron
Matt Armbruster, 7645 Baker Street (LAI Midwest)
Clayton Randall, 7421 Commerce Lane (Larsen's Mfg)
Sherrie Hanson, CSM Properties
John Ferrier, CSM Properties
Mike Patron, 490 Northco Drive (Kwikfile LLC)
Ron Bornetun, 494 Northco Drive (Carter Day Inc.)
Approval of Minutes: August 19, 2009
MOTION by Commissioner Saba to approve the minutes as presented. Seconded by
Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideration of a Special Use Permit, SP #09-12, by A-Abco Auto Parts, to allow
an auto recycling center in an M-1 Zoning District, generally located at 7360
Central Avenue NE.
MOTION by Commissioner Sibell to open the public hearing. Seconded by Commissioner
Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED AND THE HEARING OPENED AT 7:03 P.M.
Rachel Harris, Environmental Planner stated the petitioner, the City of Fridley, on behalf of
Harry Haluptzok and Derek Haluptzok of AABCO Fridley Auto Parts, 7360 Central Avenue NE,
is seeking a special use permit to allow an automobile recycling center in an M-1 Zoning District.
1
Ms. Harris stated the special use permit will allow the business use to be brought into
compliance with the zoning code. The petitioner is requesting a special use permit to allow
continuance of the auto recycling center.
Ms. Harris stated M-1, Light Industrial zoning allows this use with a special use permit,
provided requirements pertaining to drainage, pollution control, parking, screening, and annual
license are met.
Ms. Harris stated the lot was platted in 1946. An early 1950's aerial photography shows a large
portion of the site is undeveloped. In 1950 the City's records show the first building permit was
issued for a one-story 720 square foot concrete block garage. A portion of the property was
beginning to be developed. In 1953 a building permit issued for 3,200 square feet metal building
for a storage warehouse. Subsequent years showed further development of the property with the
most intensive expansion occurring in the 1970's, based on the number of building permits
issued.
Ms. Harris stated today there are approximately 5,300 square feet dedicated to storage
warehouse buildings and 1,520 square feet of office space. Each addition constituted a
geographic expansion of use. When a business expands its use, it must be in compliance with
current zoning code requirements.
Ms. Harris stated in 1949 the City of Fridley (then, the Village of Fridley) adopted a zoning law
that required a special use permit for junkyards. In 1955 the City's zoning law changed to add an
M-1 Zoning District and disallow junkyards unless completely contained in a building or
obscured from view by fence. In 1969 zoning law revised to allow junkyards in M-1 Districts
with an approved Special Use Permit. This reflects today's requirement.
Ms. Harris stated staff has been working on bringing the site into compliance. In June 2007 the
business owner filed a suit against the City contesting the need for a SUP. By September 2008
both parties had agreed to dismiss the case and work together on a special use permit. Staff
awaited further contact from the property owner. When that did not occur, staff contacted the
owners in early 2009 to proceed with the Special Use Permit application.
Ms. Harris stated in February 2009, staff and the A-Abco Fridley Auto Parts manager, Chris
Clos, discussed similar-use special use permit stipulations of nearby auto recycling centers and
also a timeline for completion of the stipulations.
Ms. Harris stated in August 2009, after hearing no response from the property or business owner,
staff initiated an application for a special use permit for junkyards in an M-1 Light Industrial
zoning district on behalf of the owners to bring them into compliance.
Ms. Harris stated City Code M-1, Section 205.17.1.C.(8) allows junkyards with a special use
permit, provided they meet requirements for drainage, pollution control, parking, screening,
business licensing, facilities and scope. With the two neighboring junkyards already undertaking
compliance of special use permitting in the M-1 Light Industrial zoning district, A-Abco Fridley
Auto Parts also needs to comply. Staff does work to ensure that each business is treated equally
compared with similar businesses that are engaged in the same type of use and in similar
circumstances.
Ms. Harris stated there was a fence variance issued for A-Abco Fridley Auto Parts. They did
receive a 2-foot variance to the 8-foot height maximum. In the fall 2008 the property owner had
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reduced storage height to match fence height. It still does not comply with the requirement to
reduce the height of racking to 2 feet below the fence height. When Ms. Harris was preparing the
report she had thought they did not comply with requirements to reduce the height of the rack to 2
feet below the fence height, but since she issued the report she found out that they have complied
with that.
Ms. Harris stated a minimum of nine parking stalls are required by Code and have been
provided, however, additional parking needs remain. Staff has observed and neighboring
businesses complained that A-Abco Fridley Auto Parts employees and customers are parking on
the street. Code Section 205.18.S.D.(7) requires that off-street parking shall be provided for all
vehicles concerned with any use on the lot.
Ms. Harris stated the property does not meet the fence location requirements. The fence will
need to be located entirely on the property so as to be off the public right-of-way.
Ms. Harris stated City staff has heard from a neighboring properiy owner, Mr. Determine of
Determine Brownie, who questioned the future use of the site. In speaking with him, staff
indicated that landowner continues to operate as a junkyard or auto recycling center. Mr.
Determine was satisfied with the answer.
Ms. Harris stated City Staff recommends approval of this special use permit with stipulations
and timeline. An automobile recycling center is permitted as a special use in the M-1 Light
Industrial zoning district, subject to stipulations.
Ms. Harris stated stipulations and timelines are to be completed with a projection that all will be
completed by March 14, 201 L If a decision for approval is rendered by the City, staff
recommends the following stipulations be attached:
L Keep gate closed except for entering and e�ting to provide screening.
(immediately)
2. No tow truck deliveries in public right-of-way. (immediately)
3. Provide scalable survey and site plan, including a parking analysis and parking
plan that meets the needs of the business. (year 1)
4. Obtain approval of a grading and drainage plan from Rice Creek Watershed
District. (year 1)
5. Obtain any necessary approvals to operate an auto recycling center from the
appropriate governmental authorities. (year 1)
6. Reduce storage racking height to 2 feet below fence height so that no items
stored above the height ofthe screening fence. (year 1)
7. Remove or move any structures or fencing which do not meet setback
requirements within code-required setbacks. (year 2)
8. Obtain all necessary building permits prior to construction or demolition. (year 2)
9. Complete Drainage Plan, including code requirements, curbing/paving
installation setbacks. (year 2)
10. Final landscape plan to be reviewed and approved by City staff prior to issuance
of land alteration permit. (year 2)
11. File a storm pond maintenance agreement prior to receiving issuance of land
alteration permit. (year 2)
12. Obtain City Engineering staff review and approval of final grading and drainage
plan prior to issuance of permits. (year 2)
13. Meet all building and fire code requirements. (year 2)
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14. Obtain any required NPDES Permit and provide NURP ponding for entire site.
(Year 2)
15. Create additional employee and customer parking areas on-site so that no
customer/employee parking is occurring on the public streets, including
code-required handicap accessible parking. (year 2)
16. Install and maintain irrigation on south and east side of lot. (year 3)
Ms. Harris stated Stipulation Nos. 1 and 2 have been completed.
Ms. Harris stated the application for Special Use Permit is scheduled to be reviewed before the
City Council on September 28, 2009.
Commissioner Saba stated Item No. 15 is kind of ambiguous. He asked how many additional
parking spaces do we need? Has this been discussed with the applicant?
Ms. Harris replied that relies in part on the amount of employees that work at the site. Possibly a
parking plan would need to be undertaken by the property owner so that they can ensure all of
their employee needs are met in terms of having adequate space on the site to park.
Commissioner Saba asked whether that should be restated, something like requiring a plan of
some kind? Rather than the ambiguity that is there?
Scott Hickok, Community Development Director, stated he is right. That could be more
definitive. Though the Code requirements for parking by ratio have been met, from past cases the
Council ultimately is able to require additional parking if it looks like they are not meeting their
parking demands. It would be directly related to the number of stalls they would need to keep
their employees' and customers' vehicles on-site and fully self-contained so they are not spilling
out onto the street. They would need to work with the developer to determine exactly what those
needs would be. As far as the stipulation goes, the words should be stated that, "a plan shall be
submitted for parking and approved by staff prior to issuance of any other permits for this
project."
Commissioner Sibell stated regarding Stipulation No. 5, the approvals to operate, making sure
the necessary approvals are obtained from the governmental authority within one year. The
business is currently operating. She asked why would we need a one year timeline? Would those
not already be in place? That also dovetails into Stipulation No. 14, as far as the NPDES permit,
if they are already operating, would those not already exist and why would we wait for two years
on that particular line item?
Ms. Harris replied that is correct that the business is already operating. Those are portions of
their outside storage area that are not presently paved, and they do need to pave those areas.
Also, they need to add adequate ponding to the site. It is with those future actions in mind that
staff has written the language about acquiring the appropriate permits.
Commissioner Velin commented on Stipulation No. 1, keep the gate closed except for entering
and exiting to provide screening. People drive down 73rd '/2 which is a little street and maybe
used for a shortcut. Every time they have something to haul in, they have to have someone open
up the gate. He does not think they should do that to the applicant and does not think it is right.
Keep the gate closed, fine, but not during business hours.
�
Ms. Harris replied the business is located on 73rd '/2 and Central Avenue and across the street
from the business on Central there are duplexes and those actually face the gate that has been
periodically left open. To screen the site from residential area, the City had requested that action.
She would like to reiterate that stipulation has been met, and she issued the report last week.
Chairperson Kondrick stated he drove by the site recently, and the gate was closed during
business hours.
Mr. Hickok stated remember also that we seek to be very consistent with what we are asking
other industries as well. This is a stipulation that they have seen before and will see again. It is
for those areas that have special use permits. As they know typically there are mitigating factors
about special use permits that need to be considered to make them co-exist with what surrounds
them. This is not an unusual stipulation at all.
Chairperson Kondrick asked Mr. Clos whether he had any questions or anything additional to
offer regarding the presentation?
Chris Clos, A-Abco Fridley Auto Parts manager, said 90 percent of it they have already come to
an agreement on. Although there are some things added since the last time they talked so he does
have some questions. Regarding the cease tow truck deliveries in the public right-of-way - they
have never done that; however, today Ms. Harris explained to him that she put that in there for the
neighbors, etc. When he read the word "cease" he came to the conclusion the City thought they
were doing that.
Mr. Clos stated regarding the "removal and moving all structures or fence that do not meet
setback requirements," that one is pretty big and is really on his mind. On the south side of their
salvage yard in the outdoor storage area, they have a long building. They had talked earlier in the
year and agreed that building should just come down, it is too close to the fence, the fence needs
to be moved in, he has no problem with that. They are already halfway done with it. It is the
other side of the yard. He has what is called a secondary containment area where they put their
crusher, anything that could possibly leak oiL It is a curved-in cemented, 16-inch thick cement,
holding pond basically for any kind of oils. If the oils spill in there they get pumped back into the
building where they go through an oil separator. Above that, and this is Anoka County that asked
them to do this eight to ten years ago, is they have a lean-to above it so water does not rain into it
and overflow it. That lean-to is right next to the fence where this whole secondary containment
is, and he does not understand what is he really supposed to do. The thing is 81-feet long, 12-feet
wide, 16-inches thick cement.
Mr. Clos also stated if you look in the back of their yard, they have racking that is against the
fence. Technically that is a structure. If he takes picks up these racks that have millions of auto
parts categorized, he would have to basically lose all of that storage all the way around his fence
where his racking is if he has to set it back three feet. There must be some kind of variance or
something they can do about the racking as long as it is under the fence?
Mr. Clos also referred to Stipulation No. 13, where it says "meet all building and fire code
requirements" he is not concerned that he does not want to meet them. He is more concerned
about what requirements are they talking about. The building was built in 1946. Does he have to
put sprinkler systems in the building? The building is so old, if he has to do too much, he might
be better off tearing the whole thing down. Meeting all codes that were required when the
building was built makes perfect sense, but to meet codes for 2009 on that old of a building,
financially that might not be feasible.
Mr. Clos stated those are really his only concerns, all the other stuff he has been trying to fix and
bring up to code. He does not have any problems following any rules the City has and the other
salvage yards have. That has never been an issue.
Chairperson Kondrick asked so it is just those three things that bother him the most?
Mr. Clos replied, yes, and he is just more worried about saying, yes, he agrees to everything and
not be able to do something. Because then it just looks like he is trying to fight the system and
that is not what he is there to do.
Mr. Hickok stated this will serve as the record that will help solidify what the intent was here,
and Mr. Clo is right, there is not meant to be any surprises in this record at all and to take them
beyond their discussion before. Regarding the first concern, cease tow truck deliveries in the
public right-of-way. He thanks Mr. Clos for not doing that and here again they are trying to be
consistent with two other yards where this has been a stipulation, and he can see where that would
hit him wrong because, if they were not doing it, the word "cease" would make it look like they
had been and they have not. They are just matching the words that were in two other special use
permits.
Mr. Hickok stated, regarding Stipulation No. 7, where they talk about removing any structures,
Mr. Clos is absolutely right. He has a structure on the north side of his property. It has had EPA
review, County review, it has City Fire Marshall review; and they had agreed when they were on-
site that it needs to have a roof over it and it has a very large concrete containment area on the
ground. No such thing in moving that. We all concede and this record should show that is not
going to be required to be pulled into any sort of setback standard. That can exist where it is and
consider it preexisting, non-conforming, and it is inside the property line. This stipulation is not
meant to state that needs to be moved in. They would be glad to entertain that amendment that
would clarify that and to say "but for that containment area, roofed structure, on the north portion
of this site."
Mr. Hickok stated as far as the structure on the racking, the use of the word, "structure" can lead
to some confusion and ambiguity. They are talking about the structures that the building code
would recognize and require permits for, and the racking system is not one of those. The racking
system can be in the location that it is in and would not require setbacks but for the one that Mr.
Close mentioned on the south side that we have all concurred. It has a roof on it and starts to
become a structure when it is roofed. It has sidewall that also serves as a screening wall on the
south end. That racking system can stay up; however, it needs to be moved in and the roof would
need to come down or it would be considered a structure. If it is going to stay roofed, then it
needs to meet a setback. If it is going to be a racking system inside the fence, which he
understood it was going to be, then it can be right up to the fence.
Chairperson Kondrick asked Mr. Clos why does it have to have a roof on it, are their part that
they need kept out of moisture?
Mr. Clos replied, the electrical parts, yes, which he is fine with as they have a building in Spring
Lake so he is just going to take the whole building down and they will just put up racking. He is
more than happy to do that. It is kind of an eyesore anyways.
Mr. Hickok stated regarding Mr. Clos' comment about the fire code and building code
requirements, like any other project the City is not asking them to go back and meet any pre-
0
requirements or post-requirements. We need to live by the standard by which the building was
built. This stipulation was not meant to say go in and sprinkle the building now. What it was
meant to do is to say that if there is going to be a modification, for example, that area that even
the Fire Marshall approved of where the tank/tub is, if something were to happen to that where
they were to move that, this stipulation says future stuff would need to make fire code
requirements. It is not meant to go backwards not in our ordinances, nor would we attempt to do
that with a special use permit.
Chairperson Kondrick stated to Mr. Clos we are interested in making sure nobody gets hurt at
his site and nothing such as injuries happen that can be prevented.
Mr. Clos replied he understands the important of them. A lot of things have already been done
before. He just does not want to get too far out there.
Commissioner Sielaff asked Mr. Clos if there was any particular reason why he did not want to
do this from the beginning?
Mr. Clos replied, yes, his main concern honestly is and this is just how they see it, they have
never really been welcome in Fridley as a salvage yard. Not just his business but all the
businesses. So his main worry here is when they agreed to get on a special use permit, it is just
every year more and more is added until we are to the point where they cannot operate. That is
really their only concern. They are not concerned about doing anything that they need to do for
the environment. For 20 years he has made sure they are not wrecking the environment. They
paved their yard before anybody even asked them to do so or before any other yard paved.
However, what he is worried about is every year something else is added and pretty soon it is just
too hard to operate in Fridley. When he got his special use permit in Spring Lake Park, it was cut
and dry, this is what you need to do and it is never going to change. Just do this. He signed it
and did it within three months. It always seems like they are never really clear what they are
going to have to do in Fridley. Even when he got this letter last week, it is like three or four more
things are added on.
Chairperson Kondrick asked Mr. Clos about a few stipulations that have timeline. - they either
have to be done right now or within a year or within two years, etc. He has seen those. Does he
have any problem with those timelines? They are going to be insisting that those timelines be
met.
Mr. Clos replied the only one that he sees that may become a problem is lowering all the racks to
10 feet. There are so many parts out there. He agreed to move that one building this year and he
has tried, but there are so many parts in there while they are operating a business that he is only
halfway done. He has hired two extra guys just to finish moving this building so he could get
done before snow. He is worried within two years he will not have every rack down to 10 feet.
He was hoping they could come to an agreement where, by the end of the third year, every rack is
down. He thinks there are a total of 8 racks that have to go down to 10 feet. He was hoping they
could do like 2 or 3 racks a year, instead of all of them down in 2 years because honestly he
cannot look them in the eyes and say he can get done for sure. There are just so many parts there.
Commissioner Sielaff asked what was the basis for two years?
Chairperson Kondrick stated it says one year now.
7
Mr. Hickok stated once again they try and be consistent with the other yards. We started this
process back five years ago. The other yards engaged in the process, and their timeframe then
became a five-year timeframe. They are still working on a five-year timeframe here. This is the
amount of time left in a five-year timeframe. Again they are being consistent with other yards.
Had they started long ago, they would have been able to have a little more time to do this.
However, understanding, again, they are trying to be consistent. If they said, okay, five years
start now. We really started three years, almost four years ago on this. Some of these things are
one year to completion. Some of these two years to completion. The furthest thing out is three
years to completion. Again trying to be reasonable with the business owner, not trying to put too
heavy of a burden on a business owner, but at the same time trying to be consistent with other
business that got five years to do it. By virtue of quibbling over a special use permit was required
or not, it ate up some time. Now we are talking about doing it in less time frankly.
Mr. Clos stated if you were to tour all three businesses, if comparing his business to Sam's and
Central, his business has about 100 times more inventory than the other two. They may be able to
take down some racks and move some parts fairly quick. However, in the total Twin Cities area,
they have the most inventory of any salvage yard. It is not like he is just going to move a hundred
parts. They are talking millions of parts. He cannot just take them off a rack. He has to take
them off the rack, take them out of the computer, put them in a new location, and put them back
into the computer so they all know where they are at. It is pretty intense. It is not like Sam's or
Central. They do not have any inventory outside. It is not like he does not want to do it. He has
hired two extra guys to help, he is hiring a third one, and that is all they are going to do is just
move parts.
Mr. Hickok stated they would certainly entertain, if the Commission felt so compelled, to
structure a timeline they would be comfortable with and make that part of their recommendation.
Again trying to be reasonable and understanding that there are nuances to each of these industries.
Chairperson Kondrick stated he would like to cut Mr. Clos some slack, but he can see you give
a guy some rope and he yanks more and more. Quite frankly he wants the buck to stop here and
does not want it to go on for a long time. He suggested as part of this stipulation, he gets together
with City staff and work out a plan that is speedy. They are going to insist on speed here.
Mr. Clos replied, okay.
Commissioner Velin stated he understands that Mr. Clos has a building that he is going to be
tearing down.
Mr. Clos replied, yes, on the south side of their fence.
Commissioner Velin asked then would he be able to put some racking in that spot?
Mr. Clos replied, that is his plan. He is going to take that building down. He is moving the parts
to his Spring Lake Park location, and he is going to put up some racks. These racks that are too
tall, he will take those parts that are too high and put them in that spot and cut the racks.
Commissioner Velin stated so then he will be below the fence.
:
Mr. Clos replied, correct. And he has no problem. He just does not think it is feasible to do in a
year. He does not want to tell them, yes, he will do this and not succeed and think that he is
stalling.
Chad Lemmons, Attorney for A-Abco Fridley Auto Parts, stated Mr. Clos handled everything
that he was concerned about but he makes two suggestions. Regarding the racks. Maybe they
should just simply do a written phase as to the reduction in size. He and Mr. Clos talked about
that this afternoon. They simply draw up a map and indicate which racks will be lowered during
each year so everyone agrees as to how it is going to be done.
Chairperson Kondrick stated once Mr. Clos gets a hold of City staff, he is sure those kind of
arrangements can be thought out, planned, organized, and accomplished in due order.
Attorney Lemmons stated he understands this will be before the City Council on the 24t''. Some
of these issues probably will not be dealt with by then. He asked if an arrangement can be made
in the resolution approving the special use permit that we will negotiate these things in the future?
Mr. Hickok replied the item moves onto Council on their September 28 calendar. Just so he is
clear, he asked attorney Lemmons whether he was talking about refining the language in the
stipulations so they are okay by the time this item gets to Council?
Attorney Lemmons replied, exactly right.
Mr. Hickok stated he thinks what they can do is the Commission, as a regular practice, will
forward their recommendation this evening. That language may hit pretty close to where they
want to go. If there is modification to that, that would be a good point to make in the record on
the 28t''. In order to keep us on our 60-day schedule, he thinks they should stay close, but they
can certainly, starting tomorrow, work out language that they can present.
Attorney Lemmons stated one of the things they did not anticipate was the parking issue for
employees. So he would develop a plan for that. They have been working on this settlement for
one and one-half years. This is one thing they had not heard about before is the parking issue for
the employees.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner
Sibell.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED AND THE HEARING CLOSED AT 7:43 P.M.
Chairperson Kondrick stated the list of 16 stipulations as he has in his agenda has been
modified four or five times. He asked if they are okay to go ahead with them as they are or do
they need to have some changes?
Commissioner Saba replied, on No. 6, they need to have a plan. The City and petitioner need to
get together and set up a time schedule regarding the storage racking. The other thing would be
regarding No. 15, they have to come up with a plan for parking. He thinks those are the two
items.
Commissioner Velin asked about No. 7, containment structures.
0
Mr. Hickok replied he thinks that clarification on the record was essential there. Unless the
Commission would like to add language there, the record should show this is not meant to imply
that structure on the north side which has already been approved and considered pre-existing,
non-conforming.
Mr. Hickok stated as far as No. 6 goes, the parenthetical that says, "(one year)," if the
Commission felt so compelled what might work here is, "scheduled to be worked out between
City, staff, and property owner prior to Council meeting on September 28." For that final
stipulation, something similar to that parenthetical where there is a schedule to be worked out.
We are talking about the schedule to be worked out between now and the time of the Council
meeting. He really liked attorney Lemmons' suggestion in having kind of an illustrative way in
describing how we make those improvements and what segment gets done in what time period.
Excellent idea. That part does not have to be done before we go to Council; however, put in that
parenthetical we are going to work out the timeframes instead.
Chairperson Kondrick asked for a motion to accept this SUP or reject it and stated he does not
have a problem with it himself with all the stipulations. He thinks Mr. Clos understands the City
is not going to wait forever with this. We have been patient enough, we have to get it going, and
insist on certain timelines.
Commissioner Saba stated he does not have any problems. Modifications have been made to the
stipulations and working it out with the staff in terms of a timeline that is scheduled is a good
idea.
Commissioner Sibell stated it is reasonable and she agreed.
MOTION by Commissioner Velin approving a Special Use Permit, SP #09-12, by A-Abco Auto
Parts, to allow an auto recycling center in an M-1 Zoning District, generally located at 7360
Central Avenue NE with the following Stipulations:
1. Keep gate closed except for entering and e�ting to provide screening.
(immediately)
2. No tow truck deliveries in public right-of-way. (immediately)
3. Provide scalable survey and site plan, including a parking analysis and parking
plan that meets the needs of the business. (year 1)
4. Obtain approval of a grading and drainage plan from Rice Creek Watershed
District. (year 1)
5. Obtain any necessary approvals to operate an auto recycling center from the
appropriate governmental authorities. (year 1)
6. Reduce storage racking height to 2 feet below fence height so that no items
stored above the height of the screening fence. (Schedule to be worked out
between City, staff, and property owner prior to Council meeting on September
28)
7. Remove or move any structures or fencing which do not meet setback
requirements within code-required setbacks, but for that containment area, roofed
structure, on the north portion of this site. (year 2)
8. Obtain all necessary building permits prior to construction or demolition. (year 2)
9. Complete Drainage Plan, including code requirements, curbing/paving
installation setbacks. (year 2)
10. Final landscape plan to be reviewed and approved by City staff prior to issuance
of land alteration permit. (year 2)
10
11. File a storm pond maintenance agreement prior to receiving issuance of land
alteration permit. (year 2)
12. Obtain City Engineering staff review and approval of final grading and drainage
plan prior to issuance of permits. (year 2)
13. Meet all building and fire code requirements. (year 2)
14. Obtain any required NPDES Permit and provide NURP ponding for entire site.
(Year 2)
15. Create additional employee and customer parking areas on-site so that no
customer/employee parking is occurring on the public streets, including
code-required handicap accessible parking. (year 2)
16. Install and maintain irrigation on south and east side of lot. (year 3)
Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED UNANIMOUSLY.
2. Consideration of a Special Use Permit, SP #09-05, by LAI Midwest Inc., to allow
limited outdoor storage, generally located at 7645 Baker Street NE.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner
Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED AND THE HEARING OPENED AT 7:49 P.M.
Ms. Stromberg stated the petitioner, Mark Armbruster, on behalf of LAI Midwest Inc., is
seeking a special use permit to allow limited outdoor storage within two areas of the rear yard of
their property which is located at 7645 Baker Street.
Ms. Stromberg stated the petitioner would like to store raw materials, reclamation items, pallets,
and miscellaneous equipment required for the waterjet manufacturing business within two storage
areas in the rear yard of the property.
Ms. Stromberg stated the property is zoned M-1, Light Industrial, as are the properties to the
north, east, and south. The property to the west is zoned P, Public, and is Woodcrest Elementary
School. There is also commercially-zoned property to the east, which is the VFW. The property
was originally developed with the construction of a building in 1968. Several additions have
since been constructed to the building.
Ms. Stromberg stated one of the Community Development staff discovered the improper
outdoor storage on this site in March of 2009. A letter was sent to the owners of the property
explaining that they needed a special use permit to have outdoor storage on their site. As a result
the petitioner has applied for this special use permit.
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 building's square footage
is 21,792 square feet, so City code would allow up to 10,896 square feet of outdoor storage on
this site. The petitioner is proposing to have outdoor storage in two areas within the rear yard of
the lot. One area is directly behind the building and is approximately 2,900 square feet in size.
The other area is along the eastern edge of the property and is approximately 1,380 square feet in
11
size. Both areas combined are 4,280 square feet, which is within the allowable outdoor storage
space allowed for this property.
Ms. Stromberg stated before the special use permit can be issued, nine 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, City Code would require 57 parking stalls for the site. The site currently has 57
parking stalls so it meets code requirements. However, the petitioner plans to use 6 parking stalls
on the east side of the lot for one of the outdoor storage areas. The petitioner has provided a
spreadsheet to staff that demonstrates that the business currently has 41 total employees that work
three shifts. The petitioner has stated that their business rarely has customers that actually come
to the site. As a result of the information provided by the petitioner, 51 parking stalls after 6 are
used for the outdoor storage area is adequate. The petitioner has stated that they are willing to
proof parking stalls in the existing green area on the southeast side of the site, in the event that
there is ever a need for additional parking stalls. Staff feels that this is an acceptable solution.
Ms. Stromberg stated the petitioner plans to install a screening material along the eastern and
southern chain link fence to screen the outdoor storage areas from neighboring properties. A
wood privacy fence already exists along the northern properiy line. The petitioner has also
situated the outdoor storage areas within the rear yard, so it will not be visible from the public
right-of-way. The petitioner is meeting or exceeding all of the other code requirements for
limited outdoor storage.
Ms. Stromberg stated City Staff recommends approval of this special use permit with
stipulations as limited outdoor storage is a permitted special use in the M-1, Light 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. No outdoor storage other than the proposed outdoor storage areas shall exist on
the site without an additional special use permit being approved.
2. The petitioner shall receive approval from the Fire Marshal for the items that are
stored outside within close proximity to the building.
3. Only materials related to the business located at this address shall be stored in the
approved areas.
4. The petitioner shall obtain an easement or fee ownership of the land that is
underlying the parking area within 12 months of issuance of this special use
permit.
Chairperson Kondrick asked the petitioner if he has any problem with the stipulations?
Mark Armbruster, LAI Midwest Inc., replied, not at all.
Chairperson Kondrick asked what kind of material is he using to screen the outdoor storage?
Mr. Armbruster replied it is a screening material that is made out of plastic that is breathable so
wind can pass through it, but it blocks visibility up to 95 percent. Sometimes you will see it on
tennis courts. That way they do not have to put up a new fence. It is probably the most cost-
effective solution for them for screening.
12
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED AND THE HEARING CLOSED AT 7:53 P.M.
Chairperson Kondrick stated he does not have any problem with this. They have plenty of
room for parking there and have room if they need to increase it but it does not seem that they'll
have to.
MOTION by Commissioner Saba approving Special Use Permit, SP #09-05, by LAI Midwest
Inc., to allow limited outdoor storage, generally located at 7645 Baker Street NE with the
following stipulations:
1. No outdoor storage other than the proposed outdoor storage areas shall exist on
the site without an additional special use permit being approved.
2. The petitioner shall receive approval from the Fire Marshal for the items that are
stored outside within close proximity to the building.
3. Only materials related to the business located at this address shall be stored in the
approved areas.
4. The petitioner shall obtain an easement or fee ownership of the land that is
underlying the parking area within 12 months of issuance of this special use
permit.
Seconded by Commissioner Sielaff.
3. Consideration of a Special Use Permit, SP #09-10, by Larsen's Mfg. Co., to allow
limited outdoor storage, generally located at 7421 Commerce Lane NE.
MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED AND THE HEARING OPENED AT 7:58 P.M.
Ms. Stromberg stated the petitioner, Clayton Randall, on behalf of Larsen's Manufacturing, is
seeking a special use permit to allow limited outdoor storage in the rear yard of the property
located at 7421 Commerce Lane. The outdoor storage will consist of two areas, enclosed with a
screening fence for pallet storage.
Ms. Stromberg stated the property is zoned M-1, Light Industrial as are the properties to the
north and south. The property to the west is zoned M-2, Heavy Industrial; and the property to the
east is zoned G2, General Business. The subject property is located on Commerce Lane, south
of Osborne Road. The property was originally developed in 1968. Several additions have been
constructed to the original building since it was constructed in 1968.
Ms. Stromberg stated as some of the Commissioner's may be aware, this summer the City's
Community Development department did hire 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.
13
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 building's square footage
is 29,945 square feet, so City Code would allow up to 14,973 square feet of outdoor storage on
this site. The petitioner is requesting to have pallet storage in two locations within the rear yard
of the property. One is 25 feet by 27 feet (675 square feet in size) and the other is 6 feet by 65
feet (390 square feet) in size. Both areas combined are 1,065 square feet, which is well within
what code requirements would allow 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, 60 parking stalls are required for this site. There are 61 parking stalls on the
site, which meets City code requirements.
Ms. Stromberg stated the petitioner plans to have two designated outdoor storage areas behind
the existing building for pallet storage. The pallets need to be stored for daily use, to be reused,
recycled or disposed of based on accumulation. The outdoor storage area is screened with
existing screening fences and gates.
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-1, Light 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. No outdoor storage other than the proposed two designed areas shall exist on the
site without an additional special use permit being approved.
2. Only materials related to the business located at this address shall be stored in the
approved areas.
Chairperson Kondrick asked Mr. Randall whether he has any problems with the stipulations?
Clayton Randall, Larsen's Manufacturing, replied, no.
Chairperson Kondrick asked what happens if some kids threw something flammable back in the
area of the pallets and start a fire?
Mr. Randall replied it is a concrete building.
Chairperson Kondrick asked so it is not a concern?
Mr. Randall replied, no.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner
Sielaff.
14
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED AND THE HEARING CLOSED AT 8:04 P.M.
Chairperson Kondrick stated he did not have any problem with this.
MOTION by Commissioner Velin approving Special Use Permit, SP #09-10, by Larsen's Mfg.
Co., to allow limited outdoor storage, generally located at 7421 Commerce Lane NE with the
following Stipulations:
1. No outdoor storage other than the proposed two designed areas shall exist on the
site without an additional special use permit being approved.
2. Only materials related to the business located at this address shall be stored in the
approved areas.
Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Consideration of a Special Use Permit, SP #09-16, by CSM Properties, Inc., to allow
limited outdoor storage, generally located at 500 — 73"d Avenue NE.
MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner
Sibell.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED AND THE HEARING OPENED AT 8:06 P.M.
Ms. Stromberg stated the petitioner, Sherri Hanson, on behalf of CSM Properties, Inc, is seeking
a special use permit to allow limited outdoor storage of storage trailers, equipment and metal
fixtures on their property which is located at 500 - 73rd Avenue.
Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the
south, west and east. Residential is to the north across 73rd Ave. This business is accessed off of
Northco Drive, south of 73rd Ave and east of University Ave. The properiy was originally
developed as a research and development building and manufacturing facility in 1968. An office
building was constructed in 1973 (which is now 500 Northco Drive). Numerous building
additions have been made since 1968. In 2000 the property was replatted to allow new industrial
development. Carter Day has occupied the research and development building at 502 Northco
Drive since 1970 and the office building since 1973.
Ms. Stromberg stated that some of the Commissioner's may be aware, this summer the City's
Community Development department 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.
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 building's square footage
is 36,464 square feet, so City Code would essentially allow up to 18,232 square feet of outdoor
15
storage on this site. The petitioner is requesting to store 3,466 square feet, which is well below
the allowable outdoor storage area.
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 145 parking stalls. The petitioner has stated that
they have 167 parking stalls. Therefore, the petitioner meets the code-required number of stalls.
There has never been any evidence of a parking shortage at this business location. Another 100
parking stalls are available as a result of an agreement with the adjacent land owner (Target
Distribution Center), provided it is not needed to support the 490/494 building.
Ms. Stromberg stated the petitioner has been using a fenced-in area between the research and
development building and there are propane tanks for storage of inetal fixtures. Staff has talked
with the Fire Marshal about this since they are in such close proximity to the propane tanks, and
those tanks and materials are adequate to be stored there. The screening fence is a chain link
fence with non-wooden privacy slats and is 6-feet tall. The proposed site plan meets all other
code requirements for height and location.
Ms. Stromberg stated since the area is already paved, no additional hard surface is required.
City staff hasn't heard any concerns from 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. Fence shall be maintained per City Code screening standards.
2. No combustible materials may be placed within the storage area due to the
location near the propane tanks, per Fire Code.
3. No outdoor storage other than the storage of items used by petitioner's tenants
shall exist on the site.
4. Exterior storage is to be contained in enclosed area approved in site plan dated
8-14-09, If the storage area needs to be relocated or if additional storage space is
needed for this facility, a new Special Use Permit will be required.
Ms. Stromberg stated the date indicated in Stipulation No. 4 should be "8-14-09" instead of the
date of 8-25-09 indicated in the Commission's packet.
Commissioner Sibell asked regarding the items being stored, do they contain any fluids or
include any electrical components?
John Ferrier, CSM Properties, Inc., replied and stated they read the report and agreed with its
findings. As far as the liquid and what is stored in that area he referred to the tenants to talk about
that.
Ron Bornetun, Carter Day Company, stated they use the storage for their R& D facility that
they actually bring customers to and run full-scale test runs of their product. They have a number
16
of different machines they manufacture and those are stored outside in that storage area. There is
no gas or liquids.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner
Sibell.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED AND THE HEARING CLOSED AT 8:16 P.M.
Chairperson Kondrick stated he does not see anything wrong with this.
Commissioner Saba stated, no, nothing at all.
MOTION by Commissioner Saba approving Special Use Permit, SP #09-16, by CSM Properties,
Inc., to allow limited outdoor storage, generally located at 500 — 73rd Avenue NE with the
following Stipulations:
1. Fence shall be maintained per City Code screening standards.
2. No combustible materials may be placed within the storage area due to the
location near the propane tanks, per Fire Code.
3. No outdoor storage other than the storage of items used by petitioner's tenants
shall exist on the site.
4. Exterior storage is to be contained in enclosed area approved in site plan dated
8-14-09, If the storage area needs to be relocated or if additional storage space is
needed for this facility, a new Special Use Permit will be required.
Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED UNANIMOUSLY.
5. Consideration of a Special Use Permit, SP #09-16, by CSM Properties, Inc., to allow
limited outdoor storage, generally located at 490-494 Northco Drive NE.
MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner
Sibell.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED AND THE HEARING OPENED AT 8:17 P.M.
Ms. Stromberg stated the petitioner, Sherri Hanson, on behalf of CSM Properties, Inc, is seeking
a special use permit to allow limited outdoor storage of storage trailers, lumber, metal fixtures,
equipment, and various recycling materials for two different businesses at six different locations
on their property which is located at 490 Northco Drive.
Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the
north, south, west and east. The City of Fridley Public Works Garage, and Locke Park which are
zoned P, Public, are also to the south. The business is accessed off of Northco Drive, south of
73rd Ave and east of University Ave. The property was originally developed in 1968 as a
manufacturing plant and research and development building. Several additions have been
constructed to that original building since 1968. In 1996, the address was changed from 504 -
17
73rd Avenue to 490 and 494 Northco Drive. A variance was granted in 1998 to reduce the side
yard setback from 20 feet to 5.4 feet to allow an existing loading dock to be enclosed. In 2000
the property was replatted to allow new industrial development. The manufacturing plant
currently has two occupants with two addresses. Carter Day (494 Northco Drive) occupies the
northern end of the building and has been there since 1970. Kwik File (490 Northco Drive)
occupies the southern end, and has been there since 1987.
Ms. Stromberg stated as some of the Commissioner's may be aware, this summer the City's
Community Development department completed systematic inspections of all 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.
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 building's square footage
is 189,668 square feet, so City Code would allow up to 94,834 square feet of outdoor storage on
this site. The petitioner is requesting to store 38,747 square feet, which is well below the
allowable outdoor storage area. It should be noted that although City Code would allow up to
94,834 square feet of outdoor storage on this site based on the square footage of the building, the
site stills needs to comply with all other requirements, which are discussed below. So, it is
unlikely that 94,834 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 352 parking stalls. The petitioner has stated that
they have 123 parking stalls. As a result they fall short of ineeting code requirements by 229
stalls. After meeting with representatives from both Carter Day and Kwik File, it was determined
that Carter Day has 1 shift with a maximum number of employees of 115. Kwik File runs 2 shifts
with a ma�mum of 55 employees there at one time. Between the 2 businesses a maximum of
170 employees would be there at a given time. Carter Day has a parking agreement with the
Target Distribution Center to the east, giving them access to 100 more parking stalls. The 123
parking stalls on-site, plus the additional 100 stalls from the parking agreement, would be
sufficient for the maximum number of employees for both businesses. Carter Day has been
located here since 1970 and Kwik File since 1987. To staff's knowledge parking has never been
an issue on this site. The outdoor storage areas, for the most part, already e�st on the site and
will not be taking any existing parking stalls.
Ms. Stromberg stated the petitioner plans to place the storage around the building in the
southeast corner, southwest corner, the northern loading dock, the northeastern loading dock, and
along a platform on the east side of the building. Materials to be stored will include storage
trailers, lumber, metal fixtures, equipment currently not in service, used pallets waiting for pick-
up, and used barrels waiting for pick-up. The outdoor storage areas will be screened using
existing landscaping and five new 80 percent opaque fence sections. The storage area in the
southeast will be screened by a combination of existing landscaping and a new fence. The
storage areas at the southwest corner, northeast corner and eastern part of the building will be
screened by new fencing. The storage area to the northwest is screened by e�sting landscaping.
:
All of the storage areas will meet City Code requirements, screening the storage area from the
public right-of-way to the north and south and Locke Park to the south.
Ms. Stromberg stated all of the proposed outdoor storage areas are already paved with asphalt or
concrete, so staff will not require storm water runoff calculations or additional paving for the
storage locations. The proposed site plan meets all other code requirements.
Ms. Stromberg stated City staff has not heard any concerns 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. If the existing landscaping used for screening is removed or damaged for
whatever reason, the lost screening shall be replaced.
2. Fence shall be constructed of attractive, permanent finished materials, compatible
with the principle structure and follow screening standards per city code.
3. Storage locations shall only be accessed from the petitioners own property.
4. Petitioner shall obtain proper building permits per state building code.
5. Materials and equipment to be stored shall not exceed 12 feet in height.
6. No outdoor storage other than the storage of items used for petitioner's tenants
shall exist on the site.
7. All storage materials shall meet Fire Code requirements.
8. Exterior storage is to be contained in areas approved in the site plan dated 8-14-
09. If the storage areas need to be relocated or if additional storage space is
needed for this facility, a new Special Use Permit will be required.
Chairperson Velin asked about Stipulation No. 2, is the fencing going to be different from the
other special use permit?
Ms. Stromberg replied this will be different because the petitioner will be adding fence sections
here. On the last one, special use permit request, there was fence that already existed.
Mr. Ferrier stated they have reviewed the staff report and agree with the stipulations.
Commissioner Sibell asked whether the trailers are roadworthy?
Mr. Bornetun replied, they have two trailers on the site. One is roadworthy that can be moved
out, and the other one, the axle has been removed.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner
Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED AND THE HEARING CLOSED AT 8:26 P.M.
Chairperson Kondrick stated, he does not have any problems with this request.
19
MOTION by Commissioner Sielaff approving Special Use Permit, SP #09-16, by CSM
Properties, Inc., to allow limited outdoor storage, generally located at 490-494 Northco Drive NE
with the following Stipulations:
1. If the existing landscaping used for screening is removed or damaged for
whatever reason, the lost screening shall be replaced.
2. Fence shall be constructed of attractive, permanent finished materials, compatible
with the principle structure and follow screening standards per city code.
3. Storage locations shall only be accessed from the petitioners own property.
4. Petitioner shall obtain proper building permits per state building code.
5. Materials and equipment to be stored shall not exceed 12 feet in height.
6. No outdoor storage other than the storage of items used for petitioner's tenants
shall exist on the site.
7. All storage materials shall meet Fire Code requirements.
8. Exterior storage is to be contained in areas approved in the site plan dated 8-14-
09. If the storage areas need to be relocated or if additional storage space is
needed for this facility, a new Special Use Permit will be required.
Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Receive the Minutes of the August 12, 2009, Appeals Commission Meeting.
MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Sibell.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED UNANIMOUSLY.
7. Receive the Minutes of the August 6, 2009, Housing & Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS
Ms. Stromberg stated the Northstar kickoff event is going to be held on Saturday, November 14,
at our station site.
Ms. Stromberg stated the Totino Grace and Kurt Manufacturing Special Use Permits were
approved by the City Council on September 14, 2009 and the next Planning Commission meeting
will be October 7, 2009.
ADJOURN
MOTION by Commission Sibell adjourning the meeting. Seconded by Commissioner Sielaff.
20
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED
THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 8:35
P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
21
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FROM:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 28, 2009
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
GREG TIREVOLD, SPECIAL ASSESSMENTS
RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL
FOR THE 2009 NUISANCE ABATEMENT
DATE: September 25, 2009
Attached you will find the resolution directing preparation of the assessment roll for the 2009
Nuisance Abatement. This project included approximately 48 properties.
The assessment will be for 1 year at a rate of 6.5%.
RESOLUTION NO. 2009 _
RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE
2009 NUISANCE ABATEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA,
AS FOLLOWS:
1. It is hereby determined that the assessable cost to the following named improvement to wit
2009 NUISANCE ABATEMENT
including all incidental expenses thereto is estimated at $47,548.86.
2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said
improvement against every assessable lot, piece, or parcel of land benefited by said improvement
according to law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28TH DAY OF SEPTEMBER 2009.
ROBERT L. BARNETTE — MAYOR PRO TEM
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
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FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 28, 2009
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING
NOTICE FOR THE 2009 NUISANCE ABATEMENT
DATE: September 25, 2009
Attached you will find the resolution directing publication of the public hearing on the assessment
roll for the 2009 Nuisance Abatement. This included some yard debris clean up, and lawn service for
a total of approximately 48 properties. The total assessment is estimated to be $47,548.86.
The Public Hearing Notice will be published in the Sun Focus newspaper on October 8, 2009 as
required by State Statute.
RESOLUTION NO. 2009 _
RESOLUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED
ASSESSMENT ROLL FOR THE 2009 NUISANCE ABATEMENT
WHEREAS, by resolution passed by the City Council on the 28th Day of September 2009, the
Finance Director was directed to prepare a proposed assessment of the cost of Nuisance
Abatement; and
WHEREAS, the Finance Director has notified the Council that such proposed assessment roll
has been completed and filed in his office for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka
County, Minnesota, as follows:
1. The City Council shall meet at the Fridley Municipal Center in the City of Fridley, Anoka
County, Minnesota on the 26th Day of October, 2009 at 7:30 o'clock P.M. to pass upon the
proposed assessment for:
2009 NUISANCE ABATEMENT
2. The Finance Director shall publish notice of the time and place of ineeting in the official
newspaper of the City at least two (2) weeks prior to such meeting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28TH DAY OF SEPTEMBER 2009.
ROBERT L. BARNETTE — MAYOR PRO TEM
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA
PUBLIC HEARING
Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30
p.m. on October 26, 2009 in the Council Chambers at 6431 University Avenue, to consider, and
possibly adopt, the proposed assessment for the following improvements:
2009 STREET IMPROVEMENT PROJECT
Assess 10 years @ 6.5% Interest $ 495,123.13
Project #2009- 2009 Street Improvement
and
2009 NUISANCE ABATEMENT
Assess 1 year @ 6.5% Interest $ 47,548.86
The proposed assessment rolls are on �le for public inspection at the Finance Of�ce. Notices are
being mailed to all property owners.
Written or oral objections will be considered at the meeting. No appeal may be taken as to the
amount of an assessment unless a signed, written objection is �led with the clerk prior to the
hearing or is presented to the presiding of�cer at the hearing. The council may, upon such notice,
consider any objection to the amount of a proposed individual assessment at an adjourned meeting,
upon such further notice to the affected property owners, as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section
429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after
the adoption of the assessment and filing such notice with the District Court within ten days after
service upon the Mayor or Clerk.
The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments
for senior citizens. The City Council may defer the payment of special assessments for any
homestead property owned by a person 65 years of age or older for whom it would be a hardship
to make the payments.
Scott J. Lund
Mayor
Publish: October 8, 2009
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FROM:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 28, 2009
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
GREG TIREVOLD, SPECIAL ASSESSMENTS
RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL
FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2009-1
DATE: September 24, 2009
Attached you will find the resolution directing preparation of the assessment roll for the Street
Improvement Project No. St. 2009-1. This project included 244 properties.
The assessment will be for 10 years at a rate of 6.5%.
RESOLUTION NO. 2009-
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
THE STREET IMPROVEMENT PROJECT NO. ST. 2009-1
WHEREAS, the costs for the Street Improvement Project No. ST. 2009-1 have been estimated to be
$616,857.01 for the contract price for such improvement and $30,842.85 for expenses incurred in the
making of such improvement so that the total estimated cost of the improvement is $647,699.86.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA:
The portion of the cost of such improvement to be paid by the City is hereby estimated to be
$152,576.73 and the portion of the cost to be assessed against benefited property owners is estimated
to be $ 495,123.13.
Assessments shall be payable in equal installments extending over a period of 10 years, the first of
the installments to be payable on or before the first Monday in January, 2010 and shall bear interest at
the rate of 6.5 percent per annum from the date of the adoption of the assessment resolution.
The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper
amount to be specially assessed for such improvement against every assessable lot, piece or parcel of
land within the district affected, without regard to cash valuation, as provided by law, and he shall
file a copy of such proposed assessment in his office for public inspection.
The Finance Director shall upon the completion of such proposed assessment, notify the Council
thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28tn
DAY OF SEPTEMBER 2009.
ROBERT L. BARNETTE, MAYOR PRO TEM
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
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FRIDLEY
T0:
FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 28, 2009
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING
NOTICE FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2009-1
DATE: September 24, 2009
Attached you will find the resolution directing publication of the public hearing on the assessment
roll for the Street Improvement Project No. ST. 2009-1. This project included 244 properties. These
properties will be assessed an estimated total of $ 495,123.13.
The Public Hearing Notice will be published in the Focus newspaper on October 8, 2009 as required
by State Statute.
RESOLUTION NO. 2009-
RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED
ASSESSMENT FOR THE STREET IMPROVEMENT
PROJECT NO. ST. 2009-1
WHEREAS, by resolution passed by the Council on September 28, 2009, the Finance Director
was directed to prepare a proposed assessment of the Street Improvement Proj ect No. ST. 2009-
1,
AND WHEREAS, the Finance Director has notified the council that such proposed assessment
has been completed and filed by his office for public inspection,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
A hearing shall be held on the 26th day of October, 2009 in the City Hall at 730 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property affected
by such improvement will be given an opportunity to be heard with reference to such assessment.
The Finance Director is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the hearing
and he shall state in the notice the total cost of the improvement. He shall also cause mailed
notice to be given to the owner of each parcel described in the assessment roll not less than two
weeks prior to the hearings.
The owner of any property so assessed may, at any time prior to certification of the assessment to
the county, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is
paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to
the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28TH DAY OF SEPTEMBER 2009.
ROBERT L. BARNETTE — MAYOR PRO TEM
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA
PUBLIC HEARING
Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30
p.m. on October 26, 2009 in the Council Chambers at 6431 University Avenue, to consider, and
possibly adopt, the proposed assessment for the following improvements:
2009 STREET IMPROVEMENT PROJECT
Assess 10 years @ 6.5% Interest $ 495,123.13
Proj ect #2009-1 2009 Street Improvement
and
2009 NUISANCE ABATEMENT
Assess 1 year @ 6.5% Interest $ 47,548.86
The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are
being mailed to all property owners.
Written or oral objections will be considered at the meeting. No appeal may be taken as to the
amount of an assessment unless a signed, written objection is filed with the clerk prior to the
hearing or is presented to the presiding officer at the hearing. The council may, upon such
notice, consider any obj ection to the amount of a proposed individual assessment at an adj ourned
meeting, upon such further notice to the affected property owners, as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section
429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after
the adoption of the assessment and filing such notice with the District Court within ten days after
service upon the Mayor or Clerk.
The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments
for senior citizens. The City Council may defer the payment of special assessments for any
homestead property owned by a person 65 years of age or older for whom it would be a hardship
to make the payments.
/s/ Scott J. Lund, Mayor
Publish: October 8, 2009
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CfTY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 28, 2009
September 22, 2009
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Resolution Approving Special Use Permit Request, SP #09-05, LAI Midwest Inc. —
7645 Baker Street
INTRODUCTION
The petitioner, Mark Armbruster on behalf of LAI Midwest Inc., is seeking a special use permit to
allow limited outdoor storage within two areas of the rear yard of their property which is located
at 7645 Baker Street.
The petitioner would like to store raw materials, reclamation items, pallets, and misc. equipment
required for the waterjet manufacturing business within two storage areas in the rear yard of the
property.
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 21,792 square feet,
so City code would allow up to 10,896 sq. ft. of outdoor storage on this site. The petitioner is
proposing to have outdoor storage in two areas within the rear yard of the lot. One area is
directly behind the building and is approximately 2,900 sq. ft. in size. The other area is along
the eastern edge of the property and is approximately 1,380 sq. ft. in size. Both areas
combined are 4,280 sq. ft., which is within the allowable outdoor storage space allowed for this
property.
PLANNING COMMISSION RECOMMENDATION
At the September 16, 2009, Planning Commission meeting, a public hearing was held for SP
#09-05. After a brief discussion, the Planning Commission recommended approval of special
use permit, SP #09-05, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission and further recommends
that the City Council approve the attached resolution for County recording purposes.
STIPULATIONS
1. No outdoor storage other than the proposed outdoor storage areas shall exist on the site
without an additional special use permit being approved.
2. The petitioner shall receive approval from the Fire Marshal for the items that are stored
outside within close proximity to the building.
3. Only materials related to the business located at this address shall be stored in the
approved areas.
4. The petitioner shall obtain an easement or fee ownership of the land that is underlying
the parking area within 12 months of issuance of this special use permit.
City of Fridley Land Use Application
SP #09-05 September 16, 2009
GENERAL INFORMATION
Applicant:
LAI Midwest Inc.
Mark Armbruster
7645 Baker Street NE
Fridley MN 55432
Requested Action:
Special Use Permit to allow exterior
storage of materials.
Existing Zoning:
M-1 (Light Industrial)
Location:
7645 Baker Street NE
Size:
73,600 sq. ft. 1.69 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Industrial & M-1
E: Industrial and VFW & M-1 & C-2
S: Industrial & M-1
W: Woodcrest Elem. School & P
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.17.01.C.11 requires a special
use permit to allow limited outdoor
storage.
Zoning History:
1962 — Lot is platted.
1968 — Building constructed.
1977 — Building addition constructed.
1979 — Building constructed.
1980 — Variance granted to build a new
driveway, reduce the side yard setback from
30 ft. to 25 ft. and to reduce the setback for
a driveway from 5 ft. to 0 ft.
1983 — Buildina addition constructed.
Legal Description of Property:
Lots 5 and 6, Block 1, Nagels
Woodlands Addition.
Public Utilities:
Building is connected.
Transportation:
The property is accessed from Baker
Street.
Physical Characteristics:
Building, hard surface parking areas,
with moderate landscaping.
SU M MARY OF PROJECT
SPECIAL INFORMATION
The petitioner, Mr. Armbruster, on behalf of LAI
Midwest Inc., is seeking a special use permit to
allow limited outdoor storage within the rear
yard of the property located at 7645 Baker
Street N E.
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 28, 2009
Existing Building
Staff Report Prepared by: Stacy Stromberg
SP #09-05
REQUEST
The petitioner, Mark Armbruster on behalf of LAI Midwest Inc., is seeking a special use permit to
allow limited outdoor storage within two areas of the rear yard of their property which is located
at 7645 Baker Street.
The petitioner would like to store raw materials, reclamation items, pallets, and misc. equipment
required for the waterjet manufacturing business within two storage areas in the rear yard of the
property.
HISTORY AND ANALYSIS
The property is zoned M-1, Light
Industrial as are the properties to the
north, east, and south. The property to
the west is zoned P, Pubic and is
Woodcrest Elementary School. There is
also commercially zoned property to the
east, which is the VFW. The property
was originally developed with the
construction of a building in 1968.
Several additions have since been
constructed to the building.
One of the Community Development staff
discovered the improper outdoor storage
on this site in March of 2009. A letter was
sent to the owners of the property
explaining that they needed a special use
permit to have outdoor storage on their site.
special use permit.
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As a result, the petitioner has applied for this
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 21,792 square feet,
so City code would allow up to 10,896 sq. ft. of outdoor storage on this site. The petitioner is
proposing to have outdoor storage in two areas within the rear yard of the lot. One area is
directly behind the building and is approximately 2,900 sq. ft. in size. The other area is along
the eastern edge of the property and is approximately 1,380 sq. ft. in size. Both areas
combined are 4,280 sq. ft., which is within the allowable outdoor storage space allowed for this
property.
Before the special use permit can be issued, 9 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, City
code would require 57 parking stalls for the site. The site currently has 57 parking stalls so it
meets code requirements. However, the petitioner plans to use 6 parking stalls on the east side
of the lot for one of the outdoor storage areas. The petitioner has provided a spreadsheet to
staff that demonstrates that the business currently has 41 total employees that work three shifts.
The petitioner has stated that
their business rarely has
customers that actually come to
the site. As a result of the
information provided by the
petitioner, 51 parking stalls after 6
are used for the outdoor storage
area is adequate. The petitioner
has stated that they are willing to
proof parking stalls in the existing
green area on the southeast side
of the site, in the event that there
is ever a need for additional
parking stalls. Staff feels that this
is an acceptable solution.
The petitioner plans to install a
screening material along the
eastern and southern chain link
fence to screen the outdoor
storage areas from neighboring
properties. A wood privacy fence
already exists along the northern
property line. The petitioner has
also situated the outdoor storage
areas within the rear yard, so it won't be visible from the public right-of-way. The petitioner is
meeting or exceeding all of the other code requirements for limited outdoor storage.
RECOMMENDATIONS
City Staff recommends approval of this special use permit, with stipulations.
Limited outdoor storage is a permitted special use in the M-1, Light 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. No outdoor storage other than the proposed outdoor storage areas shall exist on the site
without an additional special use permit being approved.
2. The petitioner shall receive approval from the Fire Marshal for the items that are stored
outside within close proximity to the building.
3. Only materials related to the business located at this address shall be stored in the
approved areas.
4. The petitioner shall obtain an easement or fee ownership of the land that is underlying
the parking area within 12 months of issuance of this special use permit.
RESOLUTION NO. 2009 -
A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 09-05
FOR LAI MIDWEST INC., 7645 BAKER ST
WHEREAS, Section 205.17.O1.C.11 of Fridley City Code allows limited outside storage in an M-1
zoning district by a special use permit if certain conditions can be met; and
WHEREAS, on September 16, 2009, the Fridley Planning Commission held a public hearing to
consider a request by LAI Midwest Inc., generally located at 7645 Baker St. NE in Fridley on Lots
5 and 6, Block 1, Nagels Woodlands Addition, for a special use permit SP#09-OS for limited outside
storage; and
WHEREAS. On September 28, 2009, the Fridley City Council approved the stipulations
represented in Exhibit A to this resolution as the conditions approved by the City Council on special
use permit SP# 09-05; and
WHEREAS, the petitioner, representing LAI Midwest Inc., was presented with Exhibit A, the
stipulations for SP# 09-05, at the September 28, 2009 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
special use permit SP# 09-OS and stipulations represented in Exhibit A are hereby adopted by City
Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28th
DAY OF SEPTEMBER, 2009.
ROBERT L. BARNETTE — MAYOR PRO TEM
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 09-OS Special Use Permit for Limited Outdoor Storage
LAI Midwest Inc., 7645 Baker Street NE, Fridley, MN
Lots 5 and 6, Block l, Nagels Woodlands Addition
Stipulations
1. No outdoor storage other than the proposed outdoor storage areas shall e�st on the site without
an additional special use permit being approved.
2. The petitioner shall receive approval from the Fire Marshal for the items that are stored outside
within close proximity to the building.
3. Only materials related to the business located at this address shall be stored in the approved areas.
4. The petitioner shall obtain an easement or fee ownership of the land that is underlying the parking
area within 12 months of issuance of this special use permit.
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CfTY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 28, 2009
September 22, 2009
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Resolution Approving Special Use Permit Request, SP #09-10, Larsen's Mfg. Co. —
7421 Commerce Lane
INTRODUCTION
The petitioner, Clayton Randall, on behalf of Larsen's Manufacturing, is seeking a special use
permit to allow limited outdoor storage in the rear yard of the property located at 7421
Commerce Lane. The outdoor storage will consist of two areas, enclosed with a screening
fence for pallet storage.
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 29,945 square feet,
so City code would allow up to 14,973 sq. ft. of outdoor storage on this site. The petitioner is
requesting to have pallet storage in two locations within the rear yard of the property. One is 25
ft. by 27 ft. (675 sq. ft.) in size and the other is 6 ft. by 65 ft. (390 sq. ft.) in size. Both areas
combined are 1,065 sq. ft, which is well within what code requirements would allow on this site.
PLANNING COMMISSION RECOMMENDATION
At the September 16, 2009, Planning Commission meeting, a public hearing was held for SP
#09-10. After a brief discussion, the Planning Commission recommended approval of special
use permit, SP #09-10, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission and further recommends
that the City Council approve the attached resolution for County recording purposes.
STIPULATIONS
1. No outdoor storage other than the proposed two designed areas shall exist on the site
without an additional special use permit being approved.
2. Only materials related to the business located at this address shall be stored in the
approved areas.
City of Fridley Land Use Application
SP #09-10 September 16, 2009
GENERAL INFORMATION
Applicant:
Larsen's Manufacturing
Clayton Randall
7421 Commerce Lane NE
Fridley MN 55432
Requested Action:
Special Use Permit to allow exterior
storage of materials.
Existing Zoning:
M-1(Light Industrial)
Location:
7421 Commerce Lane NE
Size:
109,528.47 sq. ft. 2.51 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Industrial & M-1
E: Commercial & C-2
S: Industrial & M-1
W: Industrial & M-2
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.17.01.C.11 requires a special
use permit to allow limited outdoor
storage
Zoning History:
1965 — Lot is platted.
1968 — Office & Plant constructed
1974 — Building addition
1978 — Building addition
1996 — Building addition
Legal Description of Property:
Lots 23 and 24, Block 2, Commerce Park
Public Utilities:
Building is connected.
Transportation:
The property is accessed from
Commerce Lane
Physical Characteristics:
Building, hard surface parking areas,
and landscaqed areas.
SPECIAL INFORMATION
SU M MARY OF PROJECT
Mr. Randall, on behalf of Larsen's
Manufacturing, is seeking a special use permit
to allow limited outdoor storage within the rear
yard of the property which is located at 7421
Commerce Lane NE.
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-1, Light Industrial zoning district,
provided specific code requirements are met,
subject to stipulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — September 28, 2009
60 Day — October 12, 2009
Existing Building
Staff Report Prepared by: Stacy Stromberg
SP #09-10
REQUEST
The petitioner, Clayton Randall, on behalf of Larsen's Manufacturing, is seeking a special use
permit to allow limited outdoor storage in the rear yard of the property located at 7421
Commerce Lane. The outdoor storage will consist of two areas, enclosed with a screening
fence for pallet storage.
HISTORY AND ANALYSIS
The property is zoned M-1, Light Industrial as �
are the properties to the north and south. The
property to the west is zoned M-2, Heavy �` �
Industrial and the property to the east is zoned `�£e„
C-2, General Business. The subject property � �
is located on Commerce Lane south of -T�
Osborne Road. The property was originally �
developed in 1968. Several additions have �
been constructed to the original building since
it was constructed in 1968.
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.
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City Code allows limited outdoor storage in the ; � ��_� ;
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industrial districts that is up to 50% of the �_.........�.. _ '
_
building footprint with a special use permit. � � �'��'; �'S4+�
The buildings square footage is 29,945 square feet, so City code would allow up to 14,973 sq.
ft. of outdoor storage on this site. The petitioner is requesting to have pallet storage in two
locations within the rear yard of the property. One is 25 ft. by 27 ft. (675 sq. ft.) in size and the
other is 6 ft. by 65 ft. (390 sq. ft.) in size. Both areas combined are 1,065 sq. ft, which is well
within what code requirements would allow 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.
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Based on the breakdown of uses within the building, which was provided by the petitioner, 60
parking stalls are required for this site. There are 61 parking stalls on the site, which meets City
code requirements.
The petitioner plans to
have two designated
outdoor storage areas
behind the existing building
for pallet storage. The
pallets need to be stored
for daily use, to be reused,
recycled or disposed of
based on accumulation.
The outdoor storage area
is screened with existing
screening fences and
gates.
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-1, Light 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. No outdoor storage other than the proposed two designed areas shall exist on the site
without an additional special use permit being approved.
2. Only materials related to the business located at this address shall be stored in the
approved areas.
RESOLUTION NO. 2009 -
A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 09-10
FOR LARSEN'S MANUFACTURING, 7421 COMMERCE LN NE
WHEREAS, Section 205.17.O1.C.11 of Fridley City Code allows limited outside storage in an M-1
zoning district by a special use permit if certain conditions can be met; and
WHEREAS, on September 16, 2009, the Fridley Planning Commission held a public hearing to
consider a request by Larsen's Manufacturing., generally located at 7421 Commerce Lane NE in
Fridley on Lots 23 and 24, Block 2, Commerce Park, for a special use permit SP#09-10 for limited
outside storage; and
WHEREAS. On September 28, 2009, the Fridley City Council approved the stipulations
represented in Exhibit A to this resolution as the conditions approved by the City Council on special
use permit SP# 09-10; and
WHEREAS, the petitioner, representing Larsen's Manufacturing, was presented with Exhibit A, the
stipulations for SP# 09-10, at the September 28, 2009 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
special use permit SP# 09-10 and stipulations represented in Exhibit A are hereby adopted by City
Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28tn
DAY OF SEPTEMBER, 2009.
ROBERT L. BARNETTE — MAYOR PRO TEM
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 09-10 Special Use Permit for Limited Outdoor Storage
Larsen's Manufacturing, 7421 Commerce Lane NE, Fridley, MN
Lots 23 and 24, Block 2, Commerce Park
Stipulations
1. No outdoor storage other than the proposed two designed areas shall e�st on the site without an
additional special use permit being approved.
2. Only materials related to the business located at this address shall be stored in the approved areas.
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CfTY OF
FRIDLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 28, 2009
September 22, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Kyle Knutson, Planning Intern
Subject: Resolution Approving Special Use Permit Request, SP #09-11, CSM Properties —
490-494 Northco Drive
INTRODUCTION
The petitioner, Sherri Hanson, on behalf of CSM Properties, Inc, is seeking a special use permit
to allow limited outdoor storage of storage trailers, lumber, metal fixtures, equipment, and
various recycling materials for two different businesses at six different locations on their
property which is located at 490 Northco Drive.
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 189,668 square
feet, so City code would allow up to 94,834 sq. ft. of outdoor storage on this site. The petitioner
is requesting to store 38,747 sq. ft., which is well below the allowable outdoor storage area. It
should be noted that although City code would allow up to 94,834 sq. ft. of outdoor storage on
this site based on the square footage of the building, the site stills needs to comply with all other
requirements, which are discussed below. So, it is unlikely that 94,834 sq. ft. of outdoor storage
could actually occur on this site.
PLANNING COMMISSION RECOMMENDATION
At the September 16, 2009, Planning Commission meeting, a public hearing was held for SP
#09-11. After a brief discussion, the Planning Commission recommended approval of special
use permit, SP #09-11, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission and further recommends
approval of the attached resolution for County recording purposes.
STIPULATIONS
1. If the existing landscaping used for screening is removed or damaged for whatever
reason, the lost screening shall be replaced.
2. Fence shall be constructed of attractive, permanent finished materials, compatible with
the principle structure and follow screening standards per city code.
3. Storage locations shall only be accessed from the petitioners own property.
4. Petitioner shall obtain proper building permits per state building code.
5. Materials and equipment to be stored shall not exceed 12 feet in height.
6. No outdoor storage other than the storage of items used for petitioner's tenants shall
exist on the site.
7. All storage materials shall meet Fire Code requirements.
8. Exterior storage is to be contained in areas approved in the site plan dated 8-14-09. If
the storage areas need to be relocated or if additional storage space is needed for this
facility, a new Special Use Permit will be required.
City of Fridley Land Use Application
SP # 09-11 September 16, 2009
GENERAL INFORMATION
Applicant:
CSM Properties
Sherri Hanson
490 Northco Dr NE
Fridley MN 55432
Requested Action:
Special Use Permit to allow exterior storage
of materials.
Existing Zoning:
M-2(Heavy Industrial)
Location:
490 Northco Dr NE
Size:
409,653.36 sq. ft. 9.4 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Industrial & M-2
E: Industrial & M-2
S: Industrial & Public Facilities M-2 & P
W: Industrial & M-2
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:
1968 — Manufacturing plant constructed.
1988 — Building addition.
1989 — Construct loading dock.
1996 — Address change from 504 73�d Ave.
to 490 and 494 Northco Dr.
1997 — Enclose loading dock.
1998 — Variance to reduce side yard
setback from 20 to 5.4 ft, to enclose
existing dock.
2000 — P.S. #98-05, create lots for Industrial
Development.
2003 — Construct portable paint storage
building.
Legal Description of Property:
Lot 2, Block 1, North Central Business
Park
Public Utilities:
Building is connected.
Transportation:
The property is accessed from Northco
Drive and 73�d Avenue
Physical Characteristics:
Building, hard surface parking areas
with a little landscaping.
SPECIAL INFORMATION
SU M MARY OF PROJECT
The petitioner, Sherri Hanson, on behalf of
CSM Properties, Inc, is seeking a special use
permit to allow limited outdoor storage of
storage trailers, lumber, metal fixtures,
equipment, and various recycling materials for
two different businesses at six different
locations on their property which is located at
490 Northco Drive.
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,
subiect to stiqulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — September 28, 2009
60 Day — October 12, 2009
Existing Building
Staff Report Prepared by: Kyle Knutson & Stacy
Stromberg
SP #09-11
REQUEST
The petitioner, Sherri Hanson, on behalf of CSM Properties, Inc, is seeking a special use permit
to allow limited outdoor storage of storage trailers, lumber, metal fixtures, equipment, and
various recycling materials for two different businesses at six different locations on their
property which is located at 490 Northco Drive.
HISTORY AND ANALYSIS
The property is zoned M-2, Heavy
Industrial, as are the properties to the
north, south, west and east. The City
of Fridley Public Works Garage, and
Locke Park which are zoned P,
Public, are also to the south. The
business is accessed off of Northco
Drive, south of 73�d Ave and east of
University Ave. The property was
originally developed in 1968 as a
manufacturing plant and research
and development building. Several
additions have been constructed to
that original building since 1968. In
1996, the address was changed from
504 73�d Ave. to 490 and 494
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Northco Dr. A variance was granted � � 'y
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in 1998 to reduce the side yard �
setback from 20 feet to 5.4 feet to allow an existing loading dock to be enclosed. In 2000, the
property was replatted to allow new industrial development. The manufacturing plant currently
has two occupants with two addresses. Carter Day (494 Northco Dr.) occupies the northern
end of the building, and has been there since 1970. Kwik File (490 Northco Dr.) occupies the
southern end, and has been there since 1987.
As some of you may be aware, this summer the City's Community Development department
completed systematic inspections of all 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 189,668 square
feet, so City code would allow up to 94,834 sq. ft. of outdoor storage on this site. The petitioner
is requesting to store 38,747 sq. ft., which is well below the allowable outdoor storage area. It
should be noted that although City code would allow up to 94,834 sq. ft. of outdoor storage on
this site based on the square footage of the building, the site stills needs to comply with all other
requirements, which are discussed below. So, it is unlikely that 94,834 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 352 parking
stalls. The petitioner has
stated that they have 123
parking stalls. As a result,
they fall short of ineeting
code requirements by 229
stalls. After meeting with
representatives from both
Carter Day and Kwik File, it
was determined that Carter
Day has 1 shift with a
maximum number of
employees of 115. Kwik File
runs 2 shifts with a maximum
of 55 employees there at one time. Between the 2 businesses a maximum of 170 employees
would be there at a given time. Carter Day has a parking agreement with the Target Distribution
Center to the east, giving them access to 100 more parking stalls. The 123 parking stalls on-
site, plus the additional 100 stalls from the parking agreement would be sufficient for the
maximum number of employees for both businesses. Carter Day has been located here since
1970 and Kwik File since 1987. To staff's knowledge parking has never been an issue on this
site. The outdoor storage areas, for the most part, already exist on the site and will not be
taking any existing parking stalls.
The petitioner plans to place the storage around the building in the southeast corner, southwest
corner, the northern loading dock, the northeastern loading dock, and along a platform on the
east side of the building. Materials to be stored will include; storage trailers, lumber, metal
fixtures, equipment currently not in service, used pallets waiting for pick-up, and used barrels
waiting for pick up. The outdoor storage areas will be screened using existing landscaping and
five new 80% opaque fence sections. The storage area in the southeast will be screened by a
combination of existing landscaping and a new fence. The storage areas at the southwest
corner, northeast corner and eastern part of the building will be screened by new fencing. The
storage area to the northwest is screened by existing landscaping. All of the storage areas will
meet city code requirements, screening the storage area from the public right-of-way to the
north and south and Locke Park to the south.
All of the proposed outdoor storage areas are already paved with asphalt or concrete, so staff
won't require storm water runoff calculations or additional paving for the storage locations. The
proposed site plan meets all other code requirements.
City staff hasn't heard any concerns 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. If the existing landscaping used for screening is removed or damaged for whatever
reason, the lost screening shall be replaced.
2. Fence shall be constructed of attractive, permanent finished materials, compatible with
the principle structure and follow screening standards per city code.
3. Storage locations shall only be accessed from the petitioners own property.
4. Petitioner shall obtain proper building permits per state building code.
5. Materials and equipment to be stored shall not exceed 12 feet in height.
6. No outdoor storage other than the storage of items used for petitioner's tenants shall
exist on the site.
7. All storage materials shall meet Fire Code requirements.
8. Exterior storage is to be contained in areas approved in the site plan dated 8-14-09. If
the storage areas need to be relocated or if additional storage space is needed for this
facility, a new Special Use Permit will be required.
RESOLUTION NO. 2009 -
A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 09-11
FOR CSM PROPERTIES, 490 NORTHCO DR NE
WHEREAS, Section 205.18.O1.C.12 of Fridley City Code allows limited outside storage in an M-2
zoning district by a special use permit if certain conditions can be met; and
WHEREAS, on September 16, 2009, the Fridley Planning Commission held a public hearing to
consider a request by CSM Properties., generally located at 490 Northco Drive NE in Fridley on Lot
2, Block 1, North Central Business Park, for a special use permit SP# 09-11 for limited outside
storage; and
WHEREAS. On September 28, 2009, the Fridley City Council approved the stipulations
represented in Exhibit A to this resolution as the conditions approved by the City Council on special
use permit SP# 09-11; and
WHEREAS, the petitioner, representing CSM Properties, was presented with Exhibit A, the
stipulations for SP# 09-11, at the September 28, 2009 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
special use permit SP# 09-11 and stipulations represented in Exhibit A are hereby adopted by City
Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28th
DAY OF SEPTEMBER, 2009.
ROBERT L. BARNETTE — MAYOR PRO TEM
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 09-11 Special Use Permit for Limited Outdoor Storage
CSM Properties, 490 Northco Drive NE, Fridley, MN
Lot 2, Block l, North Central Business District
Stipulations
1. If the existing landscaping used for screening is removed or damaged for whatever reason, the lost
screening shall be replaced.
2. Fence shall be constructed of attractive, permanent finished materials, compatible with the principle
structure and follow screening standards per city code.
3. Storage locations shall only be accessed from the petitioners own property.
4. Petitioner shall obtain proper building permits per state building code.
5. Materials and equipment to be stored shall not exceed 12 feet in height.
6. No outdoor storage other than the storage of items used for petitioner's tenants shall exist on the site.
7. All storage materials shall meet Fire Code requirements.
8. Exterior storage is to be contained in areas approved in the site plan dated 8-14-09. If the storage
areas need to be relocated or if additional storage space is needed for this facility, a new Special Use
Permit will be required.
�
�
CfTY OF
FRIDLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 28, 2009
September 22, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Kyle Knutson, Planning Intern
Subject: Resolution Approving Special Use Permit Request, SP #09-16, CSM Properties —
500 73�d Avenue
INTRODUCTION
The petitioner, Sherri Hanson, on behalf of CSM Properties, Inc, is seeking a special use permit
to allow limited outdoor storage of storage trailers, equipment and metal fixtures on their
property which is located at 500 73�d Avenue.
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 36,464 sq. ft., so
City code would essentially allow up to 18,232 sq. ft. of outdoor storage on this site. The
petitioner is requesting to store 3,466 sq. ft., which is well below the allowable outdoor storage
area.
PLANNING COMMISSION RECOMMENDATION
At the September 16, 2009, Planning Commission meeting, a public hearing was held for SP
#09-16. After a brief discussion, the Planning Commission recommended approval of special
use permit, SP #09-16, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Fence shall be maintained per City code screening standards.
2. No combustible materials may be placed within the storage area due to the location
near the propane tanks, per Fire Code.
3. No outdoor storage other than the storage of items used by petitioner's tenants shall
exist on the site.
4. Exterior storage is to be contained in enclosed area approved in site plan dated 8-
14-09, If the storage area needs to be relocated or if additional storage space is
needed for this facility, a new Special Use Permit will be required.
City of Fridley Land Use Application
SP # 09-16 September 16, 2009
GENERAL INFORMATION
Applicant:
CSM Properties
Sherri Hanson
500 73�d Avenue NE
Fridley MN 55432
Requested Action:
Special Use Permit to allow exterior storage
of materials.
Existing Zoning:
M-2 (Heavy Industria
Location:
500 Northco Dr NE
Size:
286,636.67 sq. ft. 6.58 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Residential & R-1
E: Industrial & M-2
S: Industrial & M-2
W: Industrial & M-2
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:
1968 — Construct Research and
Development building
1973 — Construct office building
1973 — Propane tanks installed
1975 — Building addition
1978 — Building addition
1982 — Shed installed
2000 — P.S. #98-05, create lots for Industrial
Development
Legal Description of Property:
Lot 2, Block 1, Northco Business Park
4tn
Public Utilities:
Building is connected.
Transportation:
The property is accessed from Northco
Dr. and 73�d Ave
Physical Characteristics:
Building, hard surface parking areas
with moderate landscaping, and large
natural wooded area.
SPECIAL INFORMATION
SU M MARY OF PROJECT
The petitioner, Sherri Hanson, on behalf of
CSM Properties, Inc, is seeking a special use
permit to allow limited outdoor storage of
storage trailers, equipment and metal fixtures
on their property which is located at 500 73�a
Avenue.
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 28, 2009
Existing Building
Staff Report Prepared by: Kyle Knutson & Stacy
Stromberg
SP #09-16
REQUEST
The petitioner, Sherri Hanson, on behalf of CSM Properties, Inc, is seeking a special use permit
to allow limited outdoor storage of storage trailers, equipment and metal fixtures on their
property which is located at 500 73�d Avenue.
HISTORY AND ANALYSIS
The property is zoned M-2, Heavy
Industrial, as are the properties to
the south, west and east.
Residential is to the north across
73�d Ave. This business is
accessed off of Northco Drive,
south of 73�d Ave and east of
University Ave. The property was
originally developed as a
research and development
building and manufacturing facility
in 1968. An office building was
constructed in 1973 (which is now
500 Northco Dr). Numerous
building additions have been
made since 1968. In 2000, the
property was replatted to allow
new industrial development.
Carter Day has occupied the
research and development
building at 502 Northco Dr. since
1970 and the office building since
1973.
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���
As some of you may be aware, this summer the City's Community Development department
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 36,464 sq. ft., so
City code would essentially allow up to 18,232 sq. ft. of outdoor storage on this site. The
petitioner is requesting to store 3,466 sq. ft., which is well below the allowable outdoor storage
area.
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 145
parking stalls. The
petitioner has stated that
they have 167 parking
stalls. Therefore the
petitioner meets the code
required number of stalls.
There has never been any
evidence of a parking
shortage at this business
location. Another 100
parking stalls are available
as a result of an
agreement with the
adjacent land owner
(Target Distribution
Center), provided it is not
needed to support the
490/494 building.
The petitioner has been
using a fenced in area
between the research and
development building and their propane tanks for storage of inetal fixtures. The screening
fence is a chain link fence with non-wooden privacy slats and is 6 ft. tall. The proposed site
plan meets all other code requirements for height and location.
Since the area is already paved, no additional hard surface is required. City staff hasn't heard
any concerns from 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. Fence shall be maintained per City code screening standards.
2. No combustible materials may be placed within the storage area due to the location
near the propane tanks, per Fire Code.
3. No outdoor storage other than the storage of items used by petitioner's tenants shall
exist on the site.
4. Exterior storage is to be contained in enclosed area approved in site plan dated 8-
14-09, If the storage area needs to be relocated or if additional storage space is
needed for this facility, a new Special Use Permit will be required.
RESOLUTION NO. 2009 -
A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 09-16
FOR CSM PROPERTIES, 500 NORTHCO DR NE
WHEREAS, Section 205.18.O1.C.12 of Fridley City Code allows limited outside storage in an M-2
zoning district by a special use permit if certain conditions can be met; and
WHEREAS, on September 16, 2009, the Fridley Planning Commission held a public hearing to
consider a request by CSM Properties., generally located at 500 Northco Drive NE in Fridley on Lot
2, Block 1, Northco Business Park 4th, for a special use permit SP# 09-16 for limited outside
storage; and
WHEREAS. On September 28, 2009, the Fridley City Council approved the stipulations
represented in Exhibit A to this resolution as the conditions approved by the City Council on special
use permit SP# 09-16; and
WHEREAS, the petitioner, representing CSM Properties, was presented with Exhibit A, the
stipulations for SP# 09-16, at the September 28, 2009 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
special use permit SP# 09-16 and stipulations represented in Exhibit A are hereby adopted by City
Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28tn
DAY OF SEPTEMBER, 2009.
ROBERT L. BARNETTE — MAYOR PRO TEM
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 09-16 Special Use Permit for Limited Outdoor Storage
CSM Properties, 500 Northco Drive NE, Fridley, MN
Lot 2, Block l, Northco Business District 4th
Stipulations
1. Fence shall be maintained per City code screening standards.
2. No combustible materials may be placed within the storage area due to the location
near the propane tanks, per Fire Code.
3. No outdoor storage other than the storage of items used by petitioner's tenants shall
exist on the site.
4. Exterior storage is to be contained in enclosed area approved in site plan dated 8-
14-09, If the storage area needs to be relocated or if additional storage space is
needed for this facility, a new Special Use Permit will be required.
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 28, 2009
TO:
FROM:
DATE:
SUBJECT:
The Honorable Mayor and City Council
William W. Burns, City Manager
September 22, 2009
2010 City Calendar
Attached is a resolution designating the time and number of Council meetings for 2010, and a
proposed 2010 City calendar which indicates City Council meetings, conferences and holidays.
Staff recommends Council's approval.
Thank you for your consideration of this matter.
WWB:rsc
Attachments
RESOLUTION NO. 2009 -
RESOLUTION DESIGNATING TIME AND NUMBER OF
COUNCIL MEETINGS FOR 2010
WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council
meet at a fixed time not less than once each month; and
WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall
meet at such times as may be prescribed by resolution; and
WHEREAS, it is the intent of the Council to comply with the open meeting provisions contained
in Minnesota Statutes 471.705 as interpreted by the courts;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that:
1. The City Council will hold regular meetings in the Council Chambers of the Fridley
Municipal Center, commencing at 7:30 p.m. on the following Mondays in 2010:
January 4, January 25, February 8, February 22, March 8, March 29,
April 12, April 26, May 10, May 24, June 14, June 28, July 12, July 26,
August 9, August 23, September 13, September 20, October 11, October
25, November 8, November 15, December 6 and December 13.
2. The City Council will hold conference meetings at the Fridley Municipal Center, at
which time matters are discussed but no formal action taken, commencing at 7:00 p.m. on
the following Mondays in 2010:
April 19, May 17 and August 16.
3. The City Council will hold budget work sessions at the Fridley Municipal Center
commending at 6:00 p.m. on the following Mondays in 2010:
June 21 and October 18.
4. On the dates of regular Council meetings, City Council information sessions will be held
in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular
meeting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28tn
DAY OF SEPTEMBER, 2009.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
2010 CITY O� �RIDL£Y CAL£NDAR
Januarv
s nn ' T w' T F s' s nh T w' T F' S' 1 New Year's Day
� 2 ', � 2 3 4 5 6 4 City Council Meeting
3� 5 6 7 8 9 7 O8 9 10 11 12 13 18 Martin Luther King Jr. Day
10 11 12 13 14 15 16 14� 16 17 18 19 20 25 City Council Meeting
17 � 19 20 21 22 23 21 22 23 24 25 26 27
24 25 26 27 28 29 30 28
31 ''
1 2 3 4 5 6
7 O 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
1
2 4 5 6 7 8
9 10 11 12 13 14 15
16 �� 18 19 20 21 22
23 24 25 26 27 28 29
30 �''
' 1 2 3
4� 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
'' 1 2 3 4
5 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
`` 1 2 3 4 5 6
7 $ 9 10 � 12 13
14 15 16 17 18 19 20
21 22 23 24 i�.�f°` 27
28 29 30
9/8/09
X - Holiday �
' ' 1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 '
? 1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 22 23 24 25 26
27 28 29 30 ''
1 3 4 5 6 7
8 9 10 11 12 13 14
15 �6 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
'1 2
3 4 5 6 7 8 9
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17 19 20 21 22 23
24 25 26 27 28 29 30
31
`` 1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23� 25
26 27 28 29 30� ''
- City Council Meeting
March
8 City Council Meeting
29 City Council Meeting
Mav
10 City Council Meeting
17 Conference Meeting
24 City Council Meeting
31 Memorial Day
Februarv
8 City Council Meeting
15 Presidents' Day
22 City Council Meeting
April
12 City Council Meeting
19 Conference Meeting
26 City Council Meeting
June
14 City Council Meeting
21 Budget Work Session
28 City Council Meeting
Julv Au ust
5 Independence Day (Obs.) 9 City Council Meeting
12 City Council Meeting 16 Conference Meeting
26 City Council Meeting 23 City Council Meeting
September
6 Labor Day
13 City Council Meeting
20 City Council Meeting
November
8 City Council Meeting
11 Veterans' Day
15 City Council Meeting
25 Thanksgiving
26 City Holiday
October
11 City Council Meeting
18 Budget Work Session
25 City Council Meeting
December
6 City Council Meeting
13 City Council Meeting
24 Christmas (Obs.)
31 New Year's Day (Obs.)
- Conference Meeting �- Budget Work Session
� AGENDA ITEM
� COUNCIL MEETING OF SEPTEMBER 28, 2009
� �F CLAI MS
FRIDLEY
CLAIMS
143333-1434�3
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 28, 2009
TYPE (�F LICENSE: APPLICANT: ' ' APPROVEIa B�:
Pawn Shop CASH-N-PAWN City Clerk
Relocation of Business 7300 University Ave NE Public Safety
From 201 57th Avenue NE Gregory Joseph Daniel
Mark Austin Smith
Pawn Shop Managerial CASH-N-PAWN City Clerk
(Assistant Manager) 7300 University Avenue NE Public Safety
Jason Daniel Dillard
Lawful Gambling SPRINGBROOK NATURE City Clerk
Event 10/17/09 for Excluded CENTER FOUNDATION Public Safety
Bingo 100 85th Avenue NE
Ed Me er
Retail Gas, Food and Tobacco ADAM FRIDLEY INC. City Clerk
7298 Hwy 65 NE Public Safety
Adam Almoswi Fire Marshall
Temporary Food FRIDLEY FIRE DEPT City Clerk
Dads Waffle Breakfast AUXILIARY Public Safety
October 17, 2009 8 am to Noon 6431 University Avenue NE Fire Marshall
Katherine Messer
Food UNCLE BUDDY'S City Clerk
Thad Hunter Public Safety
317 Osborne Road Fire Marshall
Solicitor YOUTH TODAY LEADER City Clerk
TOMORROW INC Public Safety
Chaka A. Ali
1200 Lilac Drive North
Tree Trimmer ARBOTECH STUMP & City Clerk
TREE REMOVAL Public Works
Christopher M Bipes Public Safety
Brookl n Park, NIN
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 28, 2009
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Belair Excavatin Excavatin Lea Michaud Ron Julkowski, CBO
Blue Dot Const Svcs LLC Commercial or S ecialt Joe Studsnicka Ron Julkowski, CBO
C F Ha lin & Sons Inc Commercial or S ecial Thomas Goerin Ron Julkowski, CBO
Cash N Pawn International Commercial or S ecialt Mark Smith Ron Julkowski, CBO
Cronstroms Heating & A/C Inc Heating Connie Schwieters Ron Julkowski, CBO
Heatin & Coolin Two Inc Gas Steve Sinkie Ron Julkowski, CBO
Matrix HVAC Gas Scott S orer Ron Julkowski, CBO
Matrix HVAC Heatin Scott S orer Ron Julkowski, CBO
Mobile Maintenance Inc Gas Ste hen Witzel Ron Julkowski, CBO
Mobile Maintenance Inc Heatin Ste hen Witzel Ron Julkowski, CBO
Mobile Maintenance Inc Commercial or S ecialt Ste hen Witzel Ron Julkowski, CBO
Pierce Refri eration Heatin Linda Sewald Ron Julkowski, CBO
Pierce Refri eration Gas Linda Sewald Ron Julkowski, CBO
Schade Mechanical Inc Gas Daniel Schade Ron Julkowski, CBO
Schade Mechanical Inc Heatin Daniel Schade Ron Julkowski, CBO
Si nmunds Inc Si n Erector Ben Janssens Ron Julkowski, CBO
Silvernail Ente rises Limited Heatin Mark Silvernail Ron Julkowski, CBO
Valle Aire Inc Heatin Michael Honan Ron Julkowski, CBO
Valle Aire Inc Gas Michael Honan Ron Julkowski, CBO
�
�
�lTY �F
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 28, 2009
William W. Burns, City Manager
John Berg, Fridley Fire Chief
September 24, 2009
Annual renewal of rental licenses
Attached is a list of 169 properties that have completed the license renewal process. Each
property listed has submitted a rental license application, paid all fees, and has completed the
rental property inspection process.
Staff recommends that City Council approve the rental license renewal for these properties.
Rental Housing
3rd Quarter License Renewals
ProplD: Property Address
1103
1110
1105
1106
1819
1112
1115
1116
1454
1090
1489
1120
1122
1640
1136
1149
1150
1151
1152
1153
1137
1141
1142
1143
1144
1498
1172
1642
1181
1591
1187
1190
1198
1583
1400
1204
1809
1772
1822
1466
1550
1493
1500
5900 2 1/2 St. NE
5908 2 1/2 St. NE
5916 2 1/2 St. NE
5924 2 1/2 St. NE
5942 2 1/2 St. NE
5770 2nd St. NE
5830 2nd St. NE
5848 2nd St. NE
5866 2nd St. NE
6008 2nd St. NE
6037 2nd St. NE
6511 2nd St. NE
6530 2nd St. NE
4687 3rd St. NE
5057 3rd St. NE
5069-71 3rd St. NE
5121-23 3rd St. NE
5131-35 3rd St. NE
5141-43 3rd St. NE
5191-93 3rd St. NE
5200 3rd St. NE
5260 3rd St. NE
5261 3rd St. NE
5290 3rd St. NE
5291 3rd St. NE
6073 3rd St. NE
5850-52 4th St. NE
6750 4th St. NE
213-219 53rd Ave. NE
631 53rd Ave. NE
380 57th PI. NE
105 58th Ave. NE
5450 5th St. NE
6124-52 5th St. NE
6200 5th St. NE
6262-64 5th St. NE
23 62nd Way NE
1356 64th Ave. NE
56 66 1/2 Way N E
553 66th Ave. NE
811 66th Ave. NE
41 66th Way NE
1020 68th Ave. NE
Units
7
7
7
7
1
8
4
8
4
4
1
4
4
1
2
2
2
2
1
2
11
11
11
11
11
3
2
1
4
1
4
7
6
8
51
2
1
1
1
1
1
1
1
Owner
Eagle Enterprises USA,
ACCAP
ACCAP
Yee Tee Wang
Allen Hoffer
Eagle Enterprises USA,
Violet S. Woods
Landmark Prop. V, LLC
Landmark Prop. V, LLC
ACCAP
Ross Enterprises, Inc.
Chester Gromek
Phuntsok D. Tsawog
Lorraine Lemke
Edward Otremba
Dean Hoskins
Violet S. Woods
Preferred Prop. & Mgmt, LLC
Nizar Benhaj
Minneapolis Apt Rentals
Helena Bigos
Helena Bigos
Helena Bigos
Helena Bigos
Helena Bigos
Jerome Dold
Courtney Ruberto-Reichow
Janna Hora
Helena Bigos
Judy Edwardh Black
ACCAP
Aspen Enterprises, USA,
Tkaczik Family Ltd
CommonBond Communities
Norwood Square Inc.
Douglas Finch
Mahmoud Abdel-Karem
Robert Fleming & Assc
Scott Spadgenske
John Fang-Yen
Meadowland Properties
Roslyn Jenkins
Angela Stare Percic
ProplD: Property Address Units Owner
1816
1246
1249
1502
1257
1469
1262
1260
1484
1261
1814
1278
1279
1509
1480
1510
1061
1621
1875
1317
1810
1324
1325
1326
1327
1332
1333
1334
1335
1647
1336
1645
1815
1038
1039
1040
1041
1475
1043
1042
249 69th Ave. NE
5335-37 6th St. NE
5381-83 6th St. NE
105 71 1/2 Way NE
1560-64 73 'h Ave. NE
1309-11 73rd Ave. NE
1313-23 73rd Ave. NE
1441 73rd Ave. NE
1461 73rd Ave. NE
1619 73rd Ave. NE
1640 76th Ave. NE
5430 7th St. NE
5460 7th St. NE
5781 7th St. NE
6421 Able St. NE
5479 Altura Rd. NE
5960-80 Anna Ave. NE
7129 Ashton Ave. NE
6278 Baker Ave. NE
1633 Brenner Pass NE
6061 Central Ave. NE
6600-04 Central Ave.
7150-56 Central Ave.
7170-76 Central Ave.
7335-37 Central Ave.
1200 Cheri Ln. NE
1230 Cheri Ln. NE
1260 Cheri Ln. NE
1290 Cheri Ln. NE
167 Christenson Ct. NE
5503 E Bavarian Pass
5409 E Brenner Pass
5481 E Brenner Pass
5640 East River Rd.
5660 East River Rd.
5680 East River Rd.
5720 East River Rd.
5740 East River Rd.
5760 East River Rd.
5780 East River Rd.
1
2
2
1
2
2
2
18
21
24
1
34
34
1
1
1
34
1
1
1
1
2
4
4
1
18
18
18
18
1
1
1
1
42
42
42
42
42
42
42
Tanya Bischof
Robert Huber
Thomas Gliadon
Jeff Lester
Ross & Sonja Olson
Maryann Peffer
David Morisette
Bradley G. Dunham
Equity Real Estate Services
AZAMKO PROPERTIES
Sonya McKinley
MC 7th Street Properties,
KES LLC
ACCAP
Holly E. Swartz
ACCAP
Riverwood Rentals, LLC
Mile High Properties, LLC
Redouane Elattaoui
Alan & Deborah Srbich
GLT Properties, LLC
James Travers
Brown & Schaefer, LLC
Ron & Mary Burg
Joseph C. Mooney Jr.
Cedar Management, Inc.
Cedar Management Inc
Cedar Management, Inc.
Cedar Management Inc.
Lori L. Cass
Mary Suzanne Wright
Blaine L. Nordwall
Kelly McLoughin
Georgetown Court Apartments
Georgetown Court Apartments
Georgetown Court Apartments
Georgetown Court Apartments
Georgetown Court Apartments
Georgetown Court Apartments
Georgetown Court Apartments
page 2 of 4
ProplD: Property Address Units Owner
1546
1343
1345
1347
1348
1349
1350
1625
1535
1461
1527
1525
1086
1643
1873
1499
1360
1794
1886
1092
1586
1369
1482
1820
1095
1372
1373
1374
1511
1389
1379
1380
1391
1824
1069
1079
1882
1544
1587
1057
1556
1396
1879
1070
1072
5940 East River Rd.
7875 East River Rd.
8191 East River Rd.
7320-22 Evert Ct. NE
7325-27 Evert Ct. NE
7330-32 Evert Ct. NE
7335-37 Evert Ct. NE
590 Fairmont St. NE
1056 Fillmore Cir. NE
5355-57 Fillmore St. NE
5560 Fillmore St. NE
5811 Hackmann Ave.
5850 Hackmann Ave.
1217 Hathaway Ln. NE
7343 Hayes St. NE
7091-93 Hickory Dr. NE
6807 Hickory St. NE
1235 Hillwind Rd. NE
1247 Hillwind Rd NE
5133 Hughes St. NE
355 Hugo St. NE
421-423 Ironton St. NE
6360 Jackson St. NE
6710 Kennaston Dr NE
190 Longfellow St. NE
910 Lynde Dr. NE
950 Lynde Dr. NE
990 Lynde Dr. NE
4551 Main St. NE
4591-93 Main St. NE
5475 Main St. NE
5495 Main St. NE
6661-71-81 Main St. NE
5985 McKinley St. NE
1413 Meadowmoor Dr.
1418 Meadowmoor Dr.
5590 Meister Rd. NE
137 Mississippi PI. NE
936 Mississippi St. NE
945 Mississippi St. NE
6390 Monroe St. NE
1601 N Innsbruck Dr. (112)
1601 N Innsbruck Dr. (118)
1601 N Innsbruck Dr. (128)
1601 N Innsbruck Dr. (130)
12
60
5
2
2
2
2
1
1
1
1
1
1
1
1
2
1
1
1
1
1
2
1
1
1
11
11
11
2
2
12
12
2
1
1
1
1
4
1
1
1
1
1
1
1
SoJo Properties, LLC
KMS Management, Inc.
Ultimate Properties, LLC
Gregg & Lois Johnson
Longview Properties
Wayne Nelson
Chady Investments, LLC
Lon & Julie Lane
Jenn-Yuan Chen
William L. Shields
Aziz Muhammad
Fatema A. Rabah
Cheryl L. Stinski
Norma Hotvedt-lacono
Derek Arnold
Northome Partnership
Danny & Peri Johnsen
Joel Homan
Angelo & Sarah Piga
ACCAP
Jeff & Allison Brausen
Randy Crowell
Kelly Pogatchnik
GLT Properties
ACCAP
Lynde Investment
Lynde Investment
Lynde Investment
Daniel Yesnes
T & K Properties
Clover Management
Clover Management
Mostafa Abdel-Kerim
Mike Klosterman
Benjamin Conners
Berisso Bekuto
Wlliam Robert Bauer
ACCAP
Mark Hostetler
D & J Properties, LLC
Toby Garber
Joseph Bidwell
Dale R& Barbara E Johnson
Dennis Anderson
Dennis Anderson
page 3 of 4
ProplD: Property Address Units Owner
1532
1876
1398
1541
1399
1073
1401
1402
1543
1403
1404
1590
1406
1407
1409
1756
1611
1411
1412
1415
1417
1423
1088
1478
1818
1481
1430
1487
1432
1433
1438
1575
1378
1821
1094
1880
1887
1885
1712
1813
1748
1530
1471
1601 N Innsbruck Dr. (173)
1601 N Innsbruck Dr. (180)
1601 N Innsbruck Dr. (206)
1601 N Innsbruck Dr. (229)
1601 N Innsbruck Dr. (231)
1601 N Innsbruck Dr. (234)
1601 N Innsbruck Dr. (253)
1601 N Innsbruck Dr. (254)
1601 N Innsbruck Dr. (272)
1601 N Innsbruck Dr. (280)
1601 N Innsbruck Dr. (302)
1601 N Innsbruck Dr. (304)
1601 N Innsbruck Dr. (356)
1601 N Innsbruck Dr. (362)
1601 N Innsbruck Dr. (374)
1154 Norton Ave. NE
1163 Norton Ave. NE
1230-32 Norton Ave. NE
1237-39 Norton Ave. NE
1260-62 Norton Ave. NE
1270-72 Norton Ave. NE
1326-28 Osborne Rd. NE
1376 Osborne Rd. NE
1412 Osborne Rd. NE
940 Pandora Dr. NE
124 Panorama Ave. NE
6345 Pierce St. NE
6355 Pierce St. NE
6373-77 Pierce St. NE
6401 Pierce St. NE
1441-43 Rice Creek Rd NE
6480 Riverview Terr. NE
1532 S. Timber Ridge
233 Satellite Ln. NE
6130 Starlite Blvd. NE
6190 Starlite Blvd. NE
6060 Stinson Blvd NE
7430 Tempo Terrace
7450 Tempo Terrace
1511 Trapp Ct. NE
1564 W Bavarian Ct. NE
5466 W Bavarian Pass
5605 W Bavarian Pass
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
2
2
2
1
1
1
1
2
2
2
1
2
2
1
1
1
1
1
1
1
1
1
1
1
Dennis Anderson
Jacob Glen KulKay
Steve & Sandy Mackenthun
Don Remjeske, Jr.
Dennis Anderson
Dennis Anderson
Olav Maehle
Lars & Susan Erickson
Dennis Anderson
Dan Cremisino
Kristin Chambers
Olav Maehle
Richard F. lacarella
Camille & Daniel Neujahr
Lorraine Gosselin
Meher Iqbal
Tariq Ahmed
Terrance Dreyer
Randy Crowell
Dennis Anderson
Kathryn M. Erjavec
Brett Jensen Properties
ACCAP Starting Over
Omar A. Khan
Jeff Miller
Heinz K. Ashmun
Richard Karjalahti
Jon Williams
Jon R. Burkhow
Thomas R. Peterson
Carey & Judy Thake
Pat Fragale
Donald & Barbara Bjork
Seth Chmelik
ACCAP
Asad A. Kahn & Anees Khatoon
John Livingston
George & Sarah Hollenbeck
Constance Slama
Michael E. Leckrone
Charles R & Ruth Dennison
Ron Cadieux
Kelly Pogatchnik
Total # of Licenses for approval is 169
page 4 of 4
�
a
�mr aF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING
SEPTEMBER 28, 2009
September 23, 2009
William Burns, City Manager
Paul Bolin, Asst. Executive HRA Director
Postponement of Hearing to Create TIF District #20 (Col. Arena)
On July 13t" the Council approved a resolution calling for a public hearing on
modifications to the redevelopment plan for redevelopment project No. 1 and the
Tax Increment Financing plans for Tax Increment Financing Districts Nos. 1, 6-7,
9, 11-14, and 16-19, creation of Tax Increment Financing District No. 20
(Columbia Arena property), and approval and adoption of a Tax Increment
Financing Plan relating thereto.
The redeveloper of the Columbia Arena site recently informed staff that they
have been having some issues getting a commitment out of the group that was to
build the senior housing. At this time they are pursuing a number of alternatives
for constructing their medical clinic and have asked that the City not take action
on the TIF District creation until their October meeting.
As the public hearing had been advertised, Council must make an official motion
to postpone the public hearing. Staff recommends that the Council formally
postpone the public hearing until their October 12t" meeting.
J:\Planning\Council Items By Meeting\2009 Council Items\September 28, 2009\ResolutionMemoDist#20Memo.doc
�
�
�fTY �F
FRIDLEY
Date:
To
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 28,
September 23, 2009
William Burns, City Manager
2009
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Rachel Harris, Environmental Planner
Subject: A Resolution to Approve Special Use Permit Request SP09-12 for AABCO Fridley
Auto Parts, 7360 Central Ave NE, to Operate a Junkyard in an M-1 Zoning District
Introduction
The petitioner, the City of Fridley on behalf of AABCO Fridley Auto Parts, is seeking a special
use permit to allow an automobile recycling center at the property located at 7360 Central
Avenue NE. The special use permit will allow the business use to be brought into compliance
with the zoning code.
Bringing Into Compliance
During a code enforcement case review of a neighboring property, staff realized that AABCO
Fridley Auto Parts did not have a Special Use Permit to operate a junkyard in an M-1 Zoning
District. Staff sent a letter in Apri12006 recommending that AABCO Fridley Auto Parts begin
the Special Use Permit application process to bring their business in compliance with existing
zoning code.
Initially, AABCO Fridley Auto Parts questioned the validity of this requirement. The business
owner, Derek Haluptzok, said that the business began in 1946, although could provide no record
of business origin, nor a record of special use permit obtained after 1949. Any special use permit
of that time would only have allowed what was present when the SUP application was made.
Any subsequent expansion would have required further review and approval to validate the
expansion and apply the necessary stipulations required to assure compatibility with surrounding
land uses.
In June 2007, the business owner filed a suit against the City contesting the need for a SUP.
During a pre-litigation period, staff presented a list of Special Use Permit stipulations that
AABCO Fridley Auto Parts could expect to see on a special use permit.
By September 2008, parties agreed to dismiss the case and work together on a special use permit.
Staff awaited further contact from the property owner. When that did not occur, staff contacted
the owners in early 2009 to proceed with the Special Use Permit application. In February 2009,
staff inet with AABCO Fridley Auto Parts manager, Chris Clos, to discuss similar-use Special
Use Permit stipulations and a timeline for completion of the stipulations. The following list was
presented to Mr. Clos in February 2009.
After the February 2009 meeting, staff anticipated that AABCO Fridley Auto Parts planned to
apply for the special use permit. By August 2009, hearing no response from the property owner,
staff initiated an application for a Special Use Permit for junkyards in an M-1 Light Industrial
zoning district on behalf of the owners to bring them into compliance.
Analysis
City Code, Section 205.17.1.C.(8) allows junkyards with a special use permit, provided they
meet requirements for drainage, pollution control, parking, screening, business licensing,
facilities and scope.
Community Input
City staff has heard from a neighboring property owner, Mr. Determan of Determan Brownie,
who questioned the future use of the site. Staff indicated that land owner plans to continue to
operate a junkyard. Mr. Determan was satisfied with the answer.
Planning Commission Recommendation
At the September 16, 2009, Planning Commission meeting, a public hearing was held for SP 09-
12. After a discussion, and conversation with the business manager, the Planning Commission
recommended approval of special use permit, SP09-12, with amendments to the stipulations as
presented by staf£ The Planning Commission amended stipulations numbered 6 and 7 to include
an incremental timeline for meeting racking height and set back requirements, respectively. The
motion carried unanimously.
After the motion passed, Chair Kondrick suggested that staff ineet with Chris Clos to further
define the timeline for compliance.
On September 22, 2009, staff inet with AABCO Fridley Auto Parts manager, Chris Clos, to discuss
the proposed stipulations and define a timeline for completion of the stipulations. Therefore the
stipulations presented to Council in this report have been modified from those presented to the
Planning Commission.
Planning Staff Recommendation
Staff recommends concurrence with the Planning Commission.
Recommendation
Staff recommends that the City Council take the following action at the September 28, 2009, City
Council meeting:
Approve the attached resolution, including Attachment A with stipulations and timeline,
authorizing SP09-12 for AABCO Fridley Auto Parts, 7360 Central Ave NE, to operate a
junkyard in an M-1 Zoning District.
City of Fridley Land Use Application
SP #09-12 September 10, 2009
GENERAL INFORMATION
Applicant:
City of Fridley &
Chris Close, A-ABCO Auto Parts
7360 Old Central Ave NE
Fridlev. MN 55432
Requested Action:
Special Use Permit for auto recycling
center in M-1 zoning district
Existing Zoning:
M-1, Light Industrial
Location:
Size:
7360 Old Central Ave NE
52,658 sa. ft. 1.2 acres
Existing Land Use:
Auto Recycling Center
Surrounding Land Use & Zoning:
N: Gustavson Grinding & M-1
E: R-1 and R-2
S: Multi-Tennant Industrial and M-1
W: Central Auto Parts & M-1
Comprehensive Plan Conformance:
Future Land Use Map - Designates it as
Redevelobment
Zoning History:
1946 — Lot is platted
1949 — Zoning law requiring special use
permit for junkyards is enacted
1950 — Building permit for office and
garage is issued
1953 — Building permit for metal
building is issued - Use expanded to
allow for storage warehouse
1955 — Zoning law changed to add an
M-1 Zoning District and disallow
junkyards unless completely contained
in a building or obscured from view by
fence
1968 — Building permit for alteration is
issued
1969 — Zoning law change allowed
junkyards in M-1 Districts with an
approved Special Use Permit
OTHER INFORMATION
1978 — Building permit is issued for
addition - Geographic expansion of use
1970 to 1973 — Qty. 34 Building permits
were issued
1970 — 2.5 foot variance for fence hei�ht
Legal Description of Property:
Lot 18, Block 1, Central View Manor
Addition_ Subi ect to Ease of Record.
Public Utilities:
Building is connected
Transportation:
Old Central Ave NE and 73 '/z Avenue
NE provide access to the property.
Physical Characteristics:
Building, parking lot and fenced area
SUMMARY OF REQUEST
The City of Fridley and Chris Close, Manager
of A-ABCO Auto Parts, are seeking a Special
Use Permit for an Automobile Recycling Center
for the property located at 7360 Old Central
Ave NE, in an M-1, Light Industrial to comply
with zoning code.
SUMMARY OF ANALYSIS
City Staff recommends approval of this rezoning
request with stipulations to bring the property
into compliance with existing zoning code.
Council Action / 60 Day Date:
September 28, 2009 / October 12, 2009
Staff Report prepared by: Rachel Harris
SP #09-12
REQUEST
The petitioner, the City of Fridley on behalf of AABCO Fridley Auto Parts, is seeking a special
use permit to allow an automobile recycling center at the property located at 7360 Central
Avenue NE. The special use permit will allow the business use to be brought into compliance
with the zoning code.
Storefront view of AABCO Fridley Auto Parts, east side of parcel
HISTORY AND ANALYSIS
The property at 7360 Central Ave is zoned M-1, Light Industrial. The surrounding property to
the north is Gustavson Grinding & M-1, to the east is Old Central Ave NE & ROW and R-2 and
G1, to the south is 73rd'/z Way NE & ROW, to the west is Central Auto Parts & M-1. AABCO
Fridley Auto Parts is located on the corner of 73rd'/z Avenue and Central Avenue.
"'" � �' ° ^ Land Use
� The lot was platted in 1946. Early 1950s aerial
��,>.- photography shows a large portion of the site
��������'� ���� undeveloped.
112 AVE . ���� (���� ����' � ��=`�'�
7sRo
Building records indicate a portion of the
property was beginning to be developed on
May 19, 1950 when staff issued a building
permit for a one story 720 sq. ft. concrete block
garage. The garage was to be used for storage of salvaged auto parts and one corner for an office.
In 1953 a permit was issued for a 3,200 sq. ft. metal grommet type building to be used as a
storage warehouse. Subsequent years showed further development of the property with the most
intensive expansion occurring in the 1970s, based on the number of building permits issued. In
1978, a building permit was issued for an addition of 1,880 sq. ft. to be used for
office/warehouse.
According to 1985 City commercial assessing records, the building was occupied by the Auto
Parts company and Spiral Manufacturing. In 1985 an addition of a 1,520 square foot retail sales
counter and removal of 1,400 square foot dock area resulted in the existing 6,800 sq. ft. building
that is now used as a single-tenant facility. In the existing building approximately 5,300 sq. ft. is
dedicated to storage warehouse buildings and 1,520 sq. ft. is office space.
2008 aerial view of AABCO Fridley Auto Parts located at 7360 Central Ave
shown with 73 '/z Avenue on the bottom and Central Avenue on the right
Each addition constituted a geographic expansion of use. When a business expands its use, it
must be in compliance with current zoning code requirements.
Zoning Law
As early as 1949, the City of Fridley (then, the Village of Fridley) adopted a zoning law that
required a special use permit for junkyards. In 1955 the City's zoning law changed to add an M-
1 Zoning District and disallow junkyards unless completely contained in a building or obscured
from view by fence. The zoning law changed one more time in 1969 to allow junkyards in M-1
Districts with an approved Special Use Permit. This reflects today's requirement.
Bringing Into Compliance
During a code enforcement case review of a neighboring property, staff realized that AABCO
Fridley Auto Parts did not have a Special Use Permit to operate a junkyard in an M-1 Zoning
District. Staff sent a letter in Apri12006 recommending that AABCO Fridley Auto Parts begin
the Special Use Permit application process to bring their business in compliance with existing
zoning code.
Initially, AABCO Fridley Auto Parts questioned the validity of this requirement. The business
owner said that the business began in 1946, although could provide no record of business origin,
nor a record of special use permit obtained after 1949. Any special use permit of that time would
only have allowed what was present when the SUP application was made. Any subsequent
expansion would have required further review and approval to validate the expansion and apply
the necessary stipulations required to assure compatibility with surrounding land uses.
Staff continued working with the business owner, Derek Haluptzok, and property owner, Harry
Haluptzok City staff conveyed that each of the City's junkyards was being brought into
compliance. For example, Sam's Auto Parts, which is located across the street to the south of
AABCO Fridley Auto Parts, has been working with the City the past two years to meet
conditions of their recently obtained Special Use Permit.
View of wooden fence for which AABCO Fridley Auto Parts
received a 2.5 foot variance to the 8 foot height maYimum
Months later, in June 2007, the business owner filed a suit against the City contesting the need
for a SUP. During a pre-litigation period, staff presented a list of Special Use Permit stipulations
that AABCO Fridley Auto Parts could expect to see on a special use permit.
By September 2008, both parties agreed to dismiss the case and work together on a special use
permit. Staff awaited further contact from the property owner. When that did not occur, staff
contacted the owners in early 2009 to proceed with the Special Use Permit application. In
February 2009, staff inet with AABCO Fridley Auto Parts manager, Chris Clos, to discuss
similar-use Special Use Permit stipulations and a timeline for completion of the stipulations. The
following list was presented to Mr. Clos in February 2009.
Stipulations and Timeline with all completed byMarch 14, 2011
• Gate to be kept closed except for entering and exiting to provide screening (immediately)
• Parking areas to be striped per City Code (Spring 2009 and forward)
• Landscape to be well maintained (Spring 2009 and forward)
• Overall plan prepared by Civil Engineer (year 1)
• Survey to provide precise site/location information (year 1)
• Rice Creek Watershed management Organization (RWWMO) Plan approval (year 1)
• Fence outside property line - verify (year 1)
• Move fence in to be entirely on AABCO property (year 2)
• Sheds too close to property lines, relocate to meet code (year 2)
• Asphalt surface to have concrete curb and gutter (B6-12) surrounding perimeter (year 2)
• On-site parking stall number shall meet the needs of both customers and employees
Additional parking will likely be required based on on-street parking observed and
apparently required on 73 '/z Avenue (year 2)
• Appropriate sized pond to treat water run-off (year 2)
• Height of racking to be reduced to height 2' lower than fence height (year 2)
• Irrigation to be installed and operational in front and side yards (year 3)
• All disturbed soil shall be covered with seed or sod to prevent erosion (year 3)
Additionally, stipulation considerations could include:
• No tow truck delivery of vehicles unloaded in the public right-of-way.
After the February 2009 meeting, staff anticipated that AABCO Fridley Auto Parts planned to
apply for the special use permit. By August 2009, hearing no response from the property owner,
staff initiated an application for a Special Use Permit for junkyards in an M-1 Light Industrial
zoning district on behalf of the owners to bring them into compliance.
View of three junkyards on 73 '/z Avenue and Central Avenue in 2008
With the two neighboring junkyards already undertaking compliance of special use permitting in
the M-1 Light Industrial zoning district, the City wants to ensure that AABCO Fridley Auto
Parts is treated on an even playing field with like businesses that are engaging in the same type
of use and in similar circumstances.
Analysis
City Code, Section 205.17.1.C.(8) allows junkyards with a special use permit, provided they
meet requirements for drainage, pollution control, parking, screening, business licensing,
facilities and scope.
205.17.1.C.(8) Junkvards
(a) The property is required to be paved to accommodate the outside storage and the owner shall
satisfy all drainage requirements as required by municipal, county, state, federal and watershed
district agencies or any other governmental or quasi-governmental body.
(b) The City knows of no additional pollution control requirements needed at this property.
(c) The parking requirements are partially met. The parking stalls have been striped as required. The
property has 1,520 sq. ft. of office space and 5,300 sq. ft. of warehouse space. Parking stalls are to be
provided at a ratio of 1 stall per 250 sq. ft. of office space and a ration of 1 stall per 2,000 sq. ft. for
warehouse space. A minimum of nine parking stalls are required and have been provided, however,
additional parking needs remain.
Staff has observed and neighboring businesses complained that AABCO Fridley Auto Parts
employees are parking on the street. Code Section 205.18.S.D.(7) requires that off-streetparking
shall be provided for all vehicles concerned with any use on the lot.
The following 3 parking requirements remain: the property needs to discontinue the practice of
parking vehicles on-street; designate adequate parking stalls; and designate and stripe the twelve (12)
foot by twenty (20) foot handicap-parking stall. Staff is unsure if the business meets the handicap
parking requirement.
(d) The property currently does not meet the
screening requirements for blocking visibility from
public right-of-way since the gate is often left open
as shown in the photograph to the left.
The property does not meet the screening
requirements for outdoor storage regarding height
of stored materials. The safety issues presented by
the placement and height of the window racks
that rise above the fence height as shown in this
photo from June 22, 2007, led the City to add a
condition to reduce the risks presented by that
practice. Since the parties agreed to dismiss the
case in September 2008, the property reduced
storage height to match fence height, but does not
comply with the requirement to reduce the height
of racking to 2' below the fence height.
The property does not meet the fence location
requirements. The fence will need to be located
entirely on the property so as to be off the public
right-of-way.
(e) The owner or operator meets the annual license requirements.
({� The e�sting facilities on the property do not conform to the Zoning Code requirements. The lot
used for outside storage is not entirely paved. As paving is added, water drainage requirements will
need to be accommodated. Also, the sheds are too close to the property lines and will need to be
moved.
(g) The Scope of the standards and requirements set forth above shall be in addition to all other
applicable ordinances, laws, statutes, resolutions or regulations of this or any other governmental or
quasi-governmental body.
Community Input
City staff has heard from a neighboring property owner, Mr. Determine of Determine Brownie,
who questioned the future use of the site. Staff indicated that land owner plans to continue to
operate a junkyard. Mr. Determine was satisfied with the answer.
RECOMMENDATIONS
City Staff recommends approval of this special use permit with stipulations and timeline.
An automobile recycling center is permitted as a special use in the M-1 Light Industrial zoning
district subjectto stipulations.
Stipulations and Timeline with all completed byMarch 14, 2011
If a decision for approval is rendered by the City, staff recommends the following stipulations be
attached:
L Keep gate closed except for entering and e�ting to provide screening. (immediately)
2. Cease tow truck deliveries in public right-of-way. (immediately)
3. Provide scalable survey and site plan, including a parking analysis and parking plan that meets
the needs of the business. (year 1)
�. Obtain approval of a grading and drainage plan from Rice Creek Watershed District. (year 1)
5. Obtain any necessary approvals to operate an auto recycling center from the appropriate
governmental authorities. (year 1)
6. Reduce storage racking height to 2 feet below fence height so that no items stored except the
height of the screening fence. (year 1)
7. Remove or move any structures or fencing which do not meet setback requirements within code-
required setbacks. (year 2)
8. Obtain all necessary building permits prior to construction or demolition. (year 2)
9. Complete Drainage Plan, including code requirements curbing/paving installation setbacks. (year
2)
10. Final landscape plan to be reviewed and approved by City staff prior to issuance of land alteration
permit. (year 2)
11. File a storm pond maintenance agreement prior to receiving issuance of land alteration permit.
(Year 2)
12. Obtain City Engineering staff review and approve of final grading and drainage plan prior to
issuance of permits. (year 2)
13. Meet all building and fire code requirements. (year 2)
14. Obtain any required NPDES Permit and provide NURP ponding for entire site. (year 2)
15. Create additional employee and customer parking areas onsite so that no customer/employee
parking is occurring on the public streets, including code-required accessible parking. (year 2)
16. Install and maintain irrigation on south and east side of lot. (year 3)
RESOLUTION NO. 2009 -
A RESOLUTION TO APPROVE A REQUEST FOR SPECIAL USE PERMIT
SP09-12 FOR AABCO FRIDLEY AUTO PARTS, 7360 CENTRAL AVE NE
WHEREAS, the petitioner, the City of Fridley on behalf of AABCO Fridley Auto Parts, is
seeking a special use permit to allow an automobile recycling center at the property located at
7360 Central Avenue NE; and
WHEREAS, the business, AABCO Fridley Auto Parts, initially opposed the requirement to apply
for a special use permit and filed suit against the city, then later agreed to dismiss the case and
cooperate with the City; and
WHEREAS, the special use permit will allow the business use to be brought into compliance
with the zoning code; and
WHEREAS, Section 205.17.1.C.(8) allows junkyards in an M-1 zoning district with a special use
permit, provided they meet requirements for drainage, pollution control, parking, screening,
business licensing, facilities and scope; and
WHEREAS, on September 16, 2009, the Fridley Planning Commission held a public hearing to
consider a request by AABCO Fridley Auto Parts, generally located at 7360 Central Ave NE, Lot
18, Block 1, Central View Manor Addition, Subj ect to Ease of Record, for special use permit
SP09-12 to allow a junkyard in and M-1 zoning district; and
WHEREAS, on September 28, 2009, the Fridley City Council approved the stipulations, as
amended, represented in Exhibit A to this resolution as the conditions approved by the City Council
on special use permit SP09-12; and
WHEREAS, the business manager, Chris Clos, representing AABCO Fridley Auto Parts, was
presented with Exhibit A, the stipulations for SP09-12, at the September 28, 2009 City Council
meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
special use permit SP09-12 and stipulations represented in Exhibit A are hereby adopted by City
Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2009.
BOB BARNETTE — MAYOR PRO TEM
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP09-12 Special Use Permit for
AABCO Fridley Auto Parts, 7360 Central Ave NE, Fridley, Minnesota
Lot 18, Block 1, Central View Manor Addition, Subject to Easement of Record
Stipulations
Stipulations and Timeline with all completed by September 14, 2012
If a decision for approval of SP09-12 is rendered by the City, staff recommends the following
stipulations be attached:
1. Keep gate closed except for entering and exiting to provide screening. (ongoing)
2. No tow truck deliveries in public right-of-way. (ongoing)
3. Obtain any necessary approvals to operate an auto recycling center from the appropriate
governmental authorities. (ongoing)
4. Provide scalable survey and site plan, including a parking analysis and parking plan that
meets the needs of the business. (December 31, 2009)
5. Obtain all necessary building permits prior to construction or demolition. (ongoing)
6. Meet all building and fire code requirements. (ongoing)
7. Complete Drainage Plan, including code requirements curbing/paving installation
setbacks. (December 31, 2009)
8. Create additional employee and customer parking areas onsite so that no
customer/employee parking is occurring on the public streets, including code-required
accessible parking. (July 1, 2010)
9. Obtain approval of a grading and drainage plan from Rice Creek Watershed District.
(July 1, 2010)
10. Reduce horizontal members of storage racking height to 2 feet below fence height so that
no items stored exceed the height of the screening fence (completed by June 1, 2012 per
phasing plan submitted by property manager on September 22, 2009)
11. Final landscape plan to be reviewed and approved by City staff prior to issuance of land
alteration permit. (May 1, 2011)
12. File a storm pond maintenance agreement prior to receiving issuance of land alteration
permit. (May 1, 2011)
13. Obtain City Engineering staff review and approve of final grading and drainage plan
prior to issuance of permits. (May 1, 2011)
14. Obtain any required NPDES Permit and provide NURP ponding for entire site. (May 1,
2011)
15. Remove or move any structures or fencing which do not meet setback requirements
within code-required setbacks. (June 1, 2012)
16. Install and maintain irrigation on south and east side of lot. (June 1, 2012)
�
�
CfTY �F
FRI�LEY
Date:
To
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 28,
2009
September 23, 2009
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Rachel Harris, Environmental Planner
Subject: A Resolution Approving an Amendment to the Contract for Curbside Recycling
with Allied Waste Services
Background
The existing recycling contract expires on March 31, 2010. Service includes weekly collection
Monday — Thursday in neighborhood zones. Residents sort materials into two categories: Papers
and Containers. Our contract includes a unique provision that provides revenue from the sale of
curbside recyclables.
This revenue, or recycling rebate, has yielded as much as $18,000 and as little as $0 per month
during the year of 2008. In the first 6 months of 2009, the recycling rebate has yielded a total of
$9,300, which is far less than the past year. The market for curbside recyclables is improving,
though as the market fluctuates staff does not expect to receive more than $1,800 — 3,500 per
month for the remaining contract period.
Staff has seen the benefit to our community, in the form of free recycling drop-offs, from the
recycling rebates. With that in mind, staff sought contract options that would provide a recycling
rebate or revenue share.
Staff researched contract renewal options beginning in August 2008. Staff called the city-
licensed waste abatement service providers, including Randy's Sanitation, Allied Waste
Services, Ace Solid Waste and Waste Management, to investigate 2-sort and single sort service
options. Eureka Recycling, a non-profit recycling hauler from Minneapolis, was also contacted
as the company is known for providing a 50% revenue share in its contracts. Eureka was not
interested in expanding its service market and ACE, Allied Waste and Waste Management
proposed offering single sort recycling at a rate that is a sixty percent increase over the existing
utility billing rate of $2.26. The single-sort recycling program is cost prohibitive due to the
Charter restriction. Randy's Sanitation could offer 2-sort service, but no revenue sharing option.
Staff considered going out for bid and investigated methods of increasing purchasing power.
Staff held meetings with our neighboring community, Columbia Heights, who also provides 2-
sort weekly curbside collection, to consider a joint agreement to extend purchasing power. Later,
staff realized that a j oint purchase agreement with Columbia Heights was not a viable option due
to each community's separate service needs.
After the recycling markets bottomed out last winter, staff held meetings with our existing
service provider, Allied Waste Services, to discuss the validity of negotiating any possible
revenue share/recycling rebate in a future 2-sort contract. In Apri12009, Allied Waste offered a
one year extension with an amendment to the annual increase and revenue share. Staff negotiated
an annual increase of 2% and a revenue share of 50%. This proposed annual increase is slightly
lower than the annual increases included in the past five years of the recycling contract which
include a rate of 2.1 percent.
With the volatility in the recycling markets and the uncertainty over the recycling rate
restrictions in the Charter, staff is confident that this offer is the best alternative obtainable at this
time. Staff has reviewed the attached document and recommends approval of the proposed
Amendment to the Contract for Curbside Recycling with Allied Waste Services.
Both the City and the Contractor have mutually agreed to replace paragraphs 3 and 28 and
Exhibit A in the original agreement as shown in Attachment A.
Recommendation
Staff recommends that the City Council take the following action at the September 28, 2009, City
Council meeting:
Approve the attached resolution, authorizing the execution of the proposed Amendment to
the Contract for Curbside Recycling with Allied Waste Services stating that both parties have
mutually agreed to extend the contract for one year, from April 1, 2010 — March 31, 2011,
increase annual price by two percent, and modify revenue sharing to provide 50% share in
revenue.
������ ����� s�������
September 14, 2009
Ms. Rachel Harris
City of Fridley
6431 University Ave NE
Fridley, MN 55432
Dear Rachel,
Per our discussion, here is our formal request to extend the current agreement for one
more year (April 1, 2010 thru March 30, 2011). A provision in the current contract
allows for this agreement to be extended by mutual agreement of both parties.
We would respectfully seek a nominal 2% rate increase for this contract extension. Also,
we ask that the City allow us to move the Service Exchange Fund/Revenue Share
component to a 50/50 split, rather than a 100/0 split the City now enjoys. Because of
the significantly depressed recycling commodity markets, we have lost a great deal of
money with the current financial arrangement. Because of the nature of the current
agreement, we are seeking to share with the City some of the possible future benefits
should the market return to "normal". This adjustment would help us to offset the
substantial losses we have shouldered alone. We are not complaining about the current
agreement---we signed it willingly and have honored it. However, no one foresaw the
changes that took place in the recycling markets and the tremendous impact it has had.
We hope that these adjustments are acceptable to you, given our long-term
relationship. We look forward to extending the agreement with you very soon. Please
call if you have any questions.
Thank you very much.
Rich Hirstein
Allied Waste Services
Area Municipal Services Manager for
Minnesota, Wisconsin & lowa
(952) 946-5330
RHirstein(c�RepublicServices.com
9813 Flying Cloud Dr.
Eden Prairie, MN 55347
952.941.8394 / Fax 952.946.5333
www.AlliedWasteTwinCities.com
RESOLUTION NO. 2009 -
A RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT
FOR CURBSIDE RECYCLING WITH ALLIED WASTE SERVICES
WHEREAS, Allied Waste Services, is in the business of collecting recyclables; and
WHEREAS, Allied Waste Services, will collect recyclables from the City of Fridley's single
family through 12-unit multiple dwellings in accordance with the terms of the Contract for
Curbside Recycling; and
WHEREAS, both the City of Fridley and Allied Waste Services have mutually agreed to extend
the Contract for one year, from April 1, 2010 — March 31, 2011, increase annual price by two
percent, and modify revenue sharing to provide a 50% share in revenue; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
resolution approving an amendment to the contract for curbside recycling with Allied Waste
Services and Attachment A are hereby adopted by City Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF _ 2009.
ROBERT BARNETTE — MAYOR PRO TEM
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Attachment A
Amendment to the Contract for Curbside Recycling with Allied Waste
Services
This agreement is made on the day of , 2009 between the City of Fridley,
Fridley, Minnesota, ("City") and Allied Waste Systems ("Contractor").
WHEREAS, the Contractor is in the business of collecting recyclables; and
WHEREAS, the Contractor will collect recyclables from the City's single family through 12-unit
multiple dwellings in accordance with the terms of the Contract for Curbside Recycling
("Contract"); and
WHEREAS, both the City and Contractor have mutually agreed to extend the Contract for one
year, from April 1, 2010 — March 31, 2011, increase annual price by two percent, and modify
revenue sharing to provide a 50% share in revenue; and
NOW, THEREFORE, the City and Contractor agree to replace the following paragraphs in the
original agreement as follows:
3. Method of Pavment. The Contractor shall submit itemized invoices according to
the rates specified in Exhibit A to the City on a monthly basis. Monthly invoices
must include a Recyclable Commodity Market Value Report according to the
format shown in Exhibit B for the amount of recyclables collected and processed
during the previous month. Invoices so submitted shall be paid within thirty (30)
days of receipt by City.
The percentage that each recyclable material represents of the total weight of
recyclables collected each month will be predetermined by the schedule listed in
Exhibit C. The Contractor may not adjust the weight composition of the
recyclable materials from the composition presented in Exhibit C more than once
per year without agreement by the City.
The City shall accumulate credit from fifty percent of the net proceeds of the sale
of all recyclables marketed each month in a Service Exchange Fund. The
additional and accumulative total value of the Service Exchange Fund shall be
reported to the City by the Contractor on each monthly statement or invoice. The
City may choose to use the value accumulated in the Service Exchange Fund in
exchange for a variety of recycling services (examples of which are enumerated in
Exhibit D), may request a cash payment of all or a portion of the total
accumulated present value in the Service Exchange Fund, or may apply the cash
value of the Service Exchange Fund as a credit to the City's monthly invoices
totals from the Contractor. Uses in addition to those items listed in Exhibit D for
the Service Exchange Funds may be completed by the Contractor upon mutual
agreement on cost and terms by each party. The City shall be allowed to
accumulate revenue value in its Service Exchange Fund for up to twelve months
past the end of each contract year anniversary date, which is April 1. Values in the
Service Exchange Fund must be drawn down to approximately $1,000 each
contact year.
Net proceeds is defined as the revenue received from the sale of all recyclable
materials minus processing charges, which are labor and equipment charges made
by the Contractor, which handles the processing for sale and sale of recyclables.
The per ton processing fee and recyclable commodity values will be based upon
the indices enumerated in Exhibit E, attached and made part of this agreement. If
any of the market indicators on Exhibit E become unavailable during the term of
the contract, then the City and Contractor will negotiate a mutually agreeable
alternative(s). If the cumulative net proceeds of all combined recyclable
commodities in a given month is a negative value, the City's Service Exchange
Fund will not be deducted from but will receive a credit of zero for that particular
month.
28. Term. The term of this Agreement shall be extended to be April 1, 2010 to
March 31, 2011, the date of the signature by the parties notwithstanding. The
parties may, by mutual agreement, cause this Agreement to be extended once for
up to an additional one (1) year after the forgoing expiration date, subj ect to the
right of either party to terminate for cause by ninety (90) days written notice as
provided in the following paragraph.
Executed as of the day and year first above written.
CITY OF FRIDLEY
ALLIED WASTE SERVICES
By By
Mayor Pro Tem Its_
By By
City Manager Its_
Exhibit A
Fees for Curbside Recycling Services
Fees for services provided by the Contractor shall be paid by the City based upon the following
per residential dwelling unit payments:
2010 $2.65 ' ' $ L 86
Exhibit B
Sample Monthly Recyclable Commodity Market Value Repor#
Total Monthly Tons Collected for the month of
Material % of Monthly Market Processing Net Net Market
Total Tons Value/Ton Fee/Ton Value/ Credit to Indicator�3�
��� Ton Cit
ONP#8
(Includes R1VIl'
& OTD
Old Ma azines
Glass - Clear
Glass - Brown
Glass - Green
Steel Cans
Aluminum
Cans
Plastics, PET�i�
Plastics,
HDPE-
natural�i�
Plastics,
HDPE-
colored�i�
OCC
Total
�i�Plastics composition of sub-grades assumed to be: 50% PET, 25% Natural HDPE, 25%
Colored HDPE
���Percentage totals come from Exhibit C
�3� Report shall include attachments of the OBM Yellow Sheet, AlVIM, Waste News, and Pulp
and Paper Week publication copies used as pricing reference for the report.
Exhibit C
First Year Curbside Recycling Composition
This annual schedule shall be based in part upon the Contractor's past 24-month rolling
commodity average measured for the City of Minneapolis based on composition as collected.
Adjustments to these commodity percentages may only be made annually on the anniversary
date of the contract based upon the most recently prepared 24-month rolling commodity average
conducted for the City of Minneapolis. The "trash contamination" composition estimate shall be
based upon the Contractor's audits from similar residential collection routes.
The contractor must provide supporting documentation for the trash contamination estimated
figures from similar routes annually to the City, however, the City must approve any change to
the trash contamination percentage during the term of this agreement. The City reserves the right
to require the Contractor to conduct a City-specific composition analysis, including field sorts, as
a future task paid for by the Service Exchange Fund.
Recyclable Material Percent of Total Tons
��Collected ��
ONP #8 (includes RMP, & 59.71
OTD
Old Ma azines OMG 3.90
Glass — Clear 6.86
Glass — Brown 5.59
Glass — Green 6.21
Steel Cans 3.21
Aluminum Cans 2.08
Plastics, PET�i� 2.83
Plastics, HDPE-natural 1.41
Plastics, PET-colored�i� 1.41
Corrugated Cardboard 3.32
OCC
Trash Contamination 3.47
Total 100.0%
�i� Plastics composition of sub-grades assumed to be: 50% PET, 25% Natural, 25% Colored
HDPE.
Exhibit D
Service Exchange Fund — Potential Uses
Possible uses of the Service Exchange Fund that have been discussed by the City and the
Contractor include:
1. Printing and mailing of multiple dwelling unit full-color recycling brochure, designed by
City
2. Mailing of annual curbside recycling brochure, which BFI already pays Print Central to
design and print each spring
3. Printing of 9,000 utility billing inserts in Fridley utility bills advertising special recycling
day(s)
4. Half day (Saturday 9am-lpm or Thursday 4-8pm) electronics drop off, where BFI would
provide roll-off boxes and staff (City would provide traffic control) to collect items.
Printing and mailing of coupons to Fridley residents, which would be coordinated by the
City.
5. Half day (Saturday 9am-lpm or Thursday 4-8pm) appliance drop off, where BFI would
provide roll-off boxes and staff (City would provide traffic control) to collect items.
Printing and mailing of coupons to Fridley residents, which would be coordinated by the
City.
6. Half day (Saturday 9am-lpm or Thursday 4-8pm) roll-off boxes and staff (City would
provide traffic control) to collect scrap metal in conjunction with spring or fall recycling
drop off event coordinated and advertised by City.
7. Placement of recycling education materials in emptied recycling bins by extra driver on
recycling routes Monday through Thursday for two consecutive weeks.
8. Recycling baskets for individual apartment dwellers combined with printed education
materials to be delivered by City.
9. Provide once per week service to a 2 yard recycling collection container at the Fridley
Public Works Garage from May 1- October 1
10. Print and install No garbage in Our Recycling signs and stickers at 90 multi-unit
recycling locations
11. Conduct a Fridley-specific recycling materials composition field study
Exhibit E
Revenue Sharing Price Schedule
This Revenue Sharing Schedule provides for the contractual terms for net revenue payments from the
Contractor to the City as agreed by both the City and Contractor. The terminology and methodology
follows generally accepted recycling industry standards, commodity specifications, and pricing
protocols unless otherwise noted. The following definitions shall apply to this Revenue Sharing
Price Schedule.
Commodity — Individual material, including specific industrial grade, as defined by this
Agreement.
HDPE — Colored - Plastic bottles made from high density polyethylene resin with
pigment or coloring (e.g., laundry detergent and automatic dishwasher soap bottles, etc.).
HDPE — Natural - Plastic bottles made from high density polyethylene resin without
any pigment or coloring (e.g., milk jugs, gallon water jugs, etc.).
Market Indicator — Commodity price indices as per specified recycling industry
publication or actual prices paid by specified end-market company.
Process Fee — Agreed upon unit fee allocated towards Contractor's cost of processing
various types of recyclables.
ONP — Old Newspapers
OMG — Old Magazines
OCC — Old Corrugated Cardboard
PET — Plastic bottles made from polyethylene terephthalate (e.g., soft drink, water, and
other bottles, etc.)
RMP — Residential Mixed Paper
OTD — Old Telephone Directories
Official Board Markets (OBM) — Industry publication containing prices for secondary
fiber or recovered paper in the form of the OBM "Yellow Sheet".
American Metal Market (AM1V1) — Industry publication containing prices for secondary
scrap metals.
Waste News — Industry publication containing prices for recyclable materials, including
plastics.
Pulp & Paper Week — Industry publication containing prices for secondary fiber or
recovered paper.
Exhibit E
(continued)
Revenue Sharing Price Schedule
Process
Commodity Market Indicator Fee
Old Newspaper #8 (ONP), R1VIl', Official Board Markets (OBM) , ONP #8, high-side,
$50
& OTD Chicago region, (lst issue of the month).
Old Magazines (OMG) 1'ulp & Paper Week, high-side, Chicago Region,(lst $50
issue of the month)
Glass, Clear Anchor Glass Corp. (Shakopee, MN plant) $50
Glass, Brown Anchor Glass Corp. (Shakopee, MN plant) $50
Glass, GreenBlue Anchor Glass Corp. (Shakopee, MN plant) $50
American Metal Market (AMM) Aluminum
Aluminum (ist issue of the month). �i� $50
Steel AMM (1 st issue of the month). ��� $50
Waste News, PET, Chicago region,
Plastics, PET �3� st • $gs
(1 issue of the month).
Waste News, HDPE-natural, Chicago region,
Plastics, HDPE-natural �3� st • $gs
(1 issue of the month).
Waste News, HDPE-colored, Chicago region,
Plastics, PET-colored �3� st • $gs
(1 issue of the month).
Old Corrugated Cardboard (OCC) OBM, high-side of OCC #11, Chicago region $50
Notes:
�'� Aluminum American Metal Market (ANIM) — Low side nonferrous Scrap Prices: Scrap metals, Domesric aluminum
producers, Buying prices for processed used aluminum cans in carload lots, f.o.b. shipping point, Used beverage can
�Z� ANIM - Scrap Iron & Steel Prices, Consumer buying prices, Clean used densified cans, Chicago.
�3� Plastics composirion of sub-grades assumed to be: 50% PET, 25% Natural HDPE, 25% Colored HDPE.
Exhibit F
Non-Revenue-Sharing Contract Rates
Should the City choose to discontinue the revenue sharing agreement portion of this contract,
these are the monthly per household rates the City would pay the Contractor:
Year* Residential Multi-unit
Dwelling Rate
Rate
2005 $2.18 $1.49
2006 $2.22 $1.52
2007 $2.27 $1.55
2008 $2.32 $1.58
2009 $2.36 $1.61
Year* Residential Multi-unit
Dwelling Rate
Rate
2010 $2.41 $1.64
*Rate would take effect April 1 of the year listed
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 28, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne R. Otteson, Assistant Public Works Director
September 28, 2009
85th Avenue Trail Project ST2007-4 - Change Order #3
PW09-052
Attached is Change Order No. 3 for the 85th Avenue Trail Proj ect No. ST. 2007-4. This change order includes
additional work outside of the original contract and deductions for various reasons. The amount of this change
order is $63,355.17. Since this is a Federally funded project, 80% of this change order is eligible using Federal
funds and the remaining $12,671.03 would be paid from the City's MSA account. The following items have
been approved by NIN/DOT for use of Federal funds.
The first item is for the revision of the storm sewer at the intersection of University Avenue Service Drive and
85th Avenue (CR 132). City staff coordinated with County staff to develop a temporary storm sewer system
that would be in place unti185th Avenue is reconstructed in 2010. The revision resulted in the installation of a
temporaryl2-inch storm sewer pipe in-place of the original 22-inch pipe and 3 catch basins. The change in
proj ect cost is a net decrease of $1,647.36.
The second item is for the revision of the electric light system at the kiosk (near the entrance of the Springbrook
Nature Center). The electrician proposed an alternate location and size for the new electric service cabinet.
This was determined to be acceptable. The change in project cost is a net decrease of $1,046.10.
The third item is for the revision of concrete mix design for the decorative concrete pavement in the kiosk area.
The change in the mix design was intended to reduce small "pop-outs" of the decorative concrete which is
patterned and multi-colored. The revised concrete mix has a much higher percentage of granite rock and very
low percentage of shale. Shale is often the cause of pop-outs. The change in the proj ect cost is a net increase of
$187.26.
The fourth item is for additional work to cut the steel helical piles to the proper vertical elevation. Contract
specifications allowed for the top of the helical pile elevation "be within +1 inch to -2 inches of the design
vertical elevation." This contractor was required to provide correction to the pile elevations on two sections of
bridge. The change in the project cost is a net increase of $5,047.88.
The fifth item is for the installation of a longer bridge span across two inflow creeks. The plans called for the
installation of helical piers on the bank of the creek beds. The piers were slightly adjusted out of the bank to
reduce obstructions during high water events. Thus, the span was increased from 16 feet to 20 feet and required
the support stringers to be doubled up to achieve the required strength. The change in the proj ect cost is a net
increase of $1,560.97.
The sixth item is for the installation of 34 feet of concrete curbing located at the Springbrook Nature Center
entrance. Plans call for the bituminous trail to cross the entrance at grade. The contract has a bid item for
removal but not for the installation of ramped curb and gutter. The change in the proj ect cost is a net increase
of $680.00.
The seventh item is for a price deduction due to the installation of foreign steel. The contract requires that all
materials used on the proj ect have been melted and manufactured in the United States. One component of the
bridges, the metal bracket frame, is compromised of two saddle supports connected by a cross brace. The cross
brace is 2 inches in diameter and 8 feet long. The mill reports supplied by the contractor show that the cross
brace was melted in Japan. Despite several requests by the City for these reports, the cross braces were already
installed when the mill reports were furnished. Staff and 1VINDOT concur that the cross braces remain in-place
with a 100% deduction for the foreign materials. The change in the proj ect cost is a net decrease of $3,220.78.
The eighth item is for the additional length of the helical pile installation. 380 helical piles were required to be
driven down until the contractor established stable soils that would support required bridge loads. Due to soil
strengths that were lower than anticipated, piles were required to be driven deeper. Some piles were required to
be driven to twice the estimated depth to provide the necessary load support. The plan originally called for
7, 840 feet but an additiona12,771 feet of piling was required. The change in the proj ect cost is a net increase of
$61,793.30.
Staff recommends the City Council approve Change Order #3 to Colt Construction in the amount of
$63,355.17. The revised contract amount shall be increased to $863,412.41.
LRO
Attachment
Page 1 of 2
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
Colt Construction Services, LLC
285 Forest Grove Dr. Ste #126
Pewaukee, WI 53072
SUBJECT: Change Order No. 3— 85th Avenue Trail Project No. ST2007-4
Gentlemen:
September 28, 2009
You are hereby ordered, authorized, and instructed to modify your contract for the 85th Avenue Trail Project No.
ST2007-4 by including the following items:
Item No. Item Description Cost
1 Revision of the storm sewer at the intersection of 85th Avenue and ($1,647.36)
University Service Drive as directed by NINDOT Work Order No. 2. A
decrease in contract items totaled $4,629.36. An increase in negotiated
items totaled $2,982.00. The change in the contract for this item is a net
decrease of $1,647.36.
2 Revision of the electric light system at the kiosk as directed by 1VINDOT ($1,046.10)
Work Order No. 3. A decrease in this contract item is $1,046.10.
3 Revision of concrete mix design for the decorative concrete pavement in $187.26
the kiosk area as directed by MNDOT Work Order No. 4. An increase in
the unit prices resulted in an increase in the contract in the amount of
$187.26.
4 Additional work to cut the steel helical piles to the vertical elevation $5,047.88
needed to make the wood bridge level as directed by NINDOT Work Order
No. 4. The change in the contract for this item is a net increase of
$5,047.88.
5 Installation of a longer bridge span across two creek beds as directed by $1,560.97
MNDOT Work Order No. 7. The change in the contract for this item is a
net increase of $1, 560.97.
6 Installation of 34 feet of concrete curbing located at the Springbrook Nature $680.00
Center entrance as directed by NINDOT Work Order No. 9. The change in
the contract for this item is a net increase of $680.00.
7 Price deduction due to the installation of foreign steel as directed by ($3,220.78)
MNDOT Change Order No. 1. The contract requires that all materials used
on the project have been melted and manufactured in the United States.
Staff and 1VINDOT concur that the foreign cross braces remain in-place
with a 100% material deduction for the foreign component. The change in
the contract for this item is a net decrease of $3,220.78.
$ Additional depth required of the helical piles resulted in a 2,456 foot $61,793.30
overrun of the contract quantity. The helical piles were required to be
driven down until the contractor established stable soils that would support
the weight of the bridge. The change in the contract for this item is a net
increase of $54,768.80.
Total
$63,355.17
Page 2 of 2
Submitted and approved by James Kosluchar, Director of Public Works, on the 28th day of September, 2009.
James P. Kosluchar, Director of Public Works
Approved and accepted this day of , 2009 by
Colt Construction Services, LLC.
Colt Construction Services, LLC., Representative
Approved and accepted this day of , 2009 by
CITY OF FRIDLEY
Robert Barnette, Mayor Pro Tem
Wlliam W. Burns, City Manager
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 28, 2009
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS