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CITY COUNCIL MEETING OF JANUARY 4, 2010
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. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
LEGISLATIVE DELEGATION UPDATE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of December 7, 2009.
City Council Meeting of December 14, 2009.
NEW BUSINESS:
1
Receive the Planning Commission Minutes of
December16, 2009 ...........................................................................................
1 -12
2. Resolution Imposing Load Limits on Public
Streets in the City of Fridley, Minnesota ............................................................ 13 - 20
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Designating Official Depositories
for the City of Fridley ......................................................................................... 21 - 23
4. Resolution Designating an Official
Newspaper for the Year 2010 ............................................................................ 24 - 25
5. Resolution Authorizing a Change in the
Mileage Reimbursement Rate for the
2010 Calendar year ........................................................................................... 26 - 27
6. Resolution Establishing Procedures
Relating to Compliance with Reimbursement
Bond Regulations under the Internal Revenue
Code....................................................................................................... 28 - 31
7. Approve 2010 Animal Control Contract between the
City of Fridley and Brighton Veterinary Hospital ................................................ 32 - 37
8. Approve 2010 City Council and Staff Appointments .......................................... 38
9. Claims ....................................................................................................... 39
10. Licenses ....................................................................................................... 40 - 41
11. Estimates ....................................................................................................... 42
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 3
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARINGS:
12. Consideration of Text Amendment Request,
TA #09-02, by Schmit Towing, Inc., to Add
Language to the M-1, Light Industrial Zoning
District, that would Allow Towing
Services by a Special Use Permit, Generally
Located at 92 — 43rd Avenue N. E. (Ward 3) ....................................................... 43 - 52
13. Consideration of Text Amendment Request,
TA #09-04, by the City of Fridley, to Consider
Amendments to the C-2, General Business, and
C-3, General Shopping, Zoning Districts to
Clarify Uses Permitted and Screening
Requirements in Commercial Districts ............................................................... 53 - 58
OLD BUSINESS:
14. Second Reading of an Ordinance Amending
Chapter 11, General Provisions and Fees,
of the Fridley City Code ..................................................................................... 59 - 60
15. Informal Status Reports ..................................................................................... 61
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 7, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
James Kosluchar, Public Works Director
Scott Hickok, Community Development Director
Richard Pribyl, Finance Director
Anthony Huber, 1376 Mississippi Street NE
Don Holum, 6575 Monroe Street NE
Joan Olson, 6320 Van Buren Street NE
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 9, 2009:
Councilmember Bolkcom pointed out on Page 7, it says "Ms. Norton" and should say "Ms.
Reynolds." On Page 8 where she states "it is something we should look" It should say, "It is
something we should look at." On Page 5, paragraph 5, Captain Weierke replied, "yes, he does."
She thinks it should be, "yes, he will." On Page 4, paragraph 7, it states, "Councilmember
Bolkcom asked the animal control officer was." It should state "asked who is the animal control
officer."
City Council Meeting of November 16, 2009:
Councilmember Bolkcom pointed out on the bottom of Page 7 where she asks what Fridley's
share was, the response given on the next line is, "70-80%." That is Columbia Heights' share.
On Page 10, paragraph 5 from the bottom, Mayor Lund states "is for the engineering company"
should be "is for the architect-designer company."
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 2
APPROVED WITH CORRECTIONS.
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of November 18, 2009.
RECEIVED.
2. Special Use Permit Request, SP #09-15, by Kurt Manufacturing, Inc., to Allow
Limited Outdoor Storage on their Property, Generally Located at 7585 Highway 65
N.E.;
and
Resolution Approving Special Use Permit, SP #09-15, for Kurt Manufacturing, Inc.,
7585 Highway 65 N.E. (Ward 2).
William Burns, City Manager, stated the petitioner wishes to store wire baskets and plastic
pallets in two areas on his property. The first storage area is 560 square feet and will be used for
storage of wire baskets. The second area contains 1,944 square feet and will be used for storage
of both wire baskets and plastic pallets. The Planning Commission unanimously recommended
approval at their November 18 meeting, subject to the seven stipulations. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. Approve Consultant Selection for Project No. 389 SPRING Project.
William Burns, City Manager, stated the contract with the Hoisington Koegler Group was
tabled at the November 16 Council meeting. Since the Public Works Director has been unable to
complete contract details, staff is recommending that this item be tabled to the December 14
Council meeting.
THIS ITEM WAS TABLED UNTIL DECEMBER 14, 2009.
4. Appointment to HRA Commission.
After interviews with five candidates for the HRA Commission, Council has selected Steve
Eggert as their appointee. Mr. Eggert will fill out the remainder of Steve Billings' term, which
ends on June 9, 2010. Staff recommends Council's approval.
APPROVED APPOINTMENT OF STEPHEN EGGERT TO THE HOUSING AND
REDEVELOPMENT AUTHORITY.
5. Claims (144104 —144301).
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 3
APPROVED.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
7. Estimates:
Ellingson Drainage, Co.
P.O. Box 68
West Concord, MN 55985
2009 Watermain Rehabilitation
FINAL ESTIMATE .....................................$ 58,650.66
Ron Kassa Construction
6005 East 250 Street
Elko, MN 55020-9447
2009 Miscellaneous Concrete Repair Project No. 384
Estimate No. 5 ................................................$ 8,736.20
Midwest Asphalt Corporation
5929 Baker Road, Suite 420
Minnetonka, MN 55345
2008 Street Reconstruction Proj ect No. ST. 2008 - 1
Estimate No. 9 ................................................ $ 23,465.52
APPROVED.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Varichak asked that Item No. 2 be removed from the consent agenda.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
No. 2. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Varichak to approve the agenda with the addition of Item No. 2.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 4
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
8. Special Use Permit Request, SP #09-15, by Kurt Manufacturing, Inc., to allow
Limited Outdoor Storage on their Property, Generally Located at 7585 Highway 65
N.E.;
and
Resolution Approving Special Use Permit, SP #09-15, for Kurt Manufacturing, Inc.,
7585 Highway 65 N.E. (Ward 2).
Councilmember Varichak stated she read in the Planning Commission minutes there have been
no concerns reported by the neighbors. Is that correct?
Scott Hickok, Community Development Director, replied, that is correct.
Councilmember Varichak asked the petitioner whether he had any problems with the seven
stipulations?
Larry Frandson, Kurt Manufacturing, replied, no they do not.
MOTION by Councilmember Varichak to approve Special Use Permit Request, SP #09-15, by
Kurt Manufacturing, Inc., with the following seven stipulations:
1. Storage trailer and any other existing outdoor storage on this site shall be removed
within 30 days of issuance of this special use permit.
2. Outdoor storage area #2 shall need to be screened at which time the lot east of the
subject property is developed, to ensure that it's not visible from the Central Avenue
public right-of-way.
3. If a parking shortage occurs on the site, the petitioner shall install the designated
proof of parking.
4. No outdoor storage other than the storage of items used by petitioner's business shall
exist on the site.
5. No outdoor retail display shall take place on site.
6. The petitioner shall re-locate new accessible parking stall on turnaround to the east
side of the turnaround, just south of the main walk entrance.
7. The petitioner shall revise curb and walk adjacent to the accessible parking spaces to
surmountable curb type.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 5
MOTION by Councilmember Varichak to adopt Resolution No. 2009-67. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Joan Olson, 6320 Van Buren Street NE, stated there is a potentially dangerous situation on West
Moore Lake Drive where people drop off students at the middle school. People stop on the street
in the bike lane to drop off the students and if they are going westbound on West Moore Lake
Road they promptly proceed to make a u-turn to go eastbound. She said she almost hit someone
who pulled out in front of her. It is an S-curve and is extraordinarily dangerous.
Ms. Olson she made suggestions for safety. Paint the street so there is a crosswalk There is
nothing there. The crosswalk is down by the high school. There is no place else for the students
because nobody can park there. She also thinks there should be some No U-Turn signs there.
She called the Police Department who told her it has to be the City Engineer who recommends
those. She has left messages for Mr. Kosluchar, and she has spoken with Dr. Burns.
Dr. Burns stated he did take Ms. Olson's call and he did forward it onto Mr. Kosluchar and
Chief Don Abbott. He said he believed at least one of them had a conversation with the schools.
James Kosluchar, Public Works Director, stated the school said they had some issues there
earlier in the year and thought that some of them were being resolved. Also, in talking further
with the Police Department, they discussed a plan of installing in one direction a"No U-Turn"
sign.
Ms. Olson stated it is happening in both directions.
Anthony Huber, 1376 Mississippi Street, said he is a long-time Fridley resident and is also a
consultant with the trash industry. He works with independent haulers and helps them do
marketing. He referred to the notice in the City's newsletter talking about the City possibly
going to an organized collection system--another way of saying monopoly. It happens in some
towns, and there are good arguments on both sides. He just wanted to clear up some confusion.
Mr. Huber stated there are four haulers: two national and two independent family-owned
haulers. The independent haulers have probably started these routes many years ago. Columbia
Heights has been in organized collection for a long time. They just recently switched from BFI
Waste to Veolia. Veolia is worldwide out of France. They just got the Blaine contract. Blaine
and Columbia Heights are the only two areas in this part of town that do single-sort recycling.
Mr. Huber stated when you talk about putting this out for bid, you have to look at what it is
going to do to the small independent companies. To bid an entire town, you have to bid it so low
to possibly get it because it is a very competitive industry. Then, if you do get it, you have to
provide two to three containers for each home which is an expense of about $210 per household.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 6
For an independent hauler to come up with that is a huge expense. They have already invested a
lot of money to do business here for a long time. Currently Fridley has organized recycling.
They are one of the only communities left in the northern metro where residents still have to
separate recyclables. Some of that has to be looked at.
Mr. Huber stated in greater Minnesota, where some of the towns are thinking of going into
organized collection, there are a lot of haulers out there. These mom and pop haulers who have
been doing it for so long, simply cannot afford to. However, because they have to stay and
appear competitive, they have to bid it anyway but have to bid it so high because they cannot
afford to get it. They actually do not have intentions on getting it anyway because if they did,
they could not possibly come up with the money to provide the containers.
Mr. Huber stated not only do you have to bid low to get it, you have to haul it at a significant
loss. Then in two or three years you have to re-bid it or pick up the containers you just bought
and did not make any money on to begin with and to kind of redo it all over again. With the
City's economy, he just does not understand why they would not just want to keep an open free
market. It has been going well for years. There are a lot of towns looking at going into
organized collection around the Twin Cities.
Mayor Lund asked Mr. Huber if he would send him a brief e-mail so he has a way of contacting
him if and when they start looking at this issue.
Mr. Huber stated his e-mail address is: thubermn(cr�,aol.com. He represents a lot of family-
owned independent trash haulers.
Mayor Lund stated they have not really looked at this. It comes up fairly frequently. The
biggest argument of course is the long-term cost and savings for this City and about having or
not having one or more garbage trucks going down the same street four or five times a week.
There is nothing wrong with looking at it, and there are a lot of people in favor of it. He
understands Mr. Huber's point. Maybe they can cut the City into four segments and get four
individual contracts.
Mr. Huber replied that is a terrific point. He said he also understands the argument about the
streets, but simple physics will tell you that the one truck that drives up and down the street that
is full is going to be a lot heavier than three or four trucks that are driving up and down the
streets a fourth full because they are not going to be all full at the same time. To say that the
recycling truck is bad for the environment is kind of a contradiction. In today's economy he just
cannot understand why they would try and interfere with the ability for small independent
companies just to stay competitive. If it were to go to single-organized collection, it would ruin
the price point not just here. Also, the industry has gotten more expensive. Recycling is a
commodity, and that industry is just falling apart. There are trash haulers who have spent so
much money building these single-sort facilities, and the stuff was not worth a lot for a long
time.
Mr. Huber stated he just wanted to go on record and say it works. The small independent
haulers started it and they do a good job. If you had it all on the same day that would be great,
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 7
but then you have more trucks the same day. There are arguments back and forth, but currently
the system works.
Don Holum, 6575 Monroe Street, stated just to add onto Mr. Huber's comment, last year he had
a salesperson come to his home trying to have him buy from their trash-hauling company. He sat
down and gave him figures he could not believe — half of what he was currently paying.
Mr. Holum called his current carrier and they said they would match it. It was not only for one
year, it was for two years. That is why he would also endorse an open-type hauler.
Mr. Huber stated Mr. Holum has a very good point. A lot of these companies monitor their
pricing, and price-matching should not be a factor. He thinks that everybody should have an
honest rate based on what their prices are. They can go in and bid it so low and what happens in
the interim is it is going to hurt the independent hauler. If that happens long enough and
widespread enough, eventually that independent hauler who has been in that area for all those
years and built that, maybe generations ago, can no longer compete.
2010 BUDGET AND PROPERTY TAX PUBLIC MEETING:
8. Presentation of 2010 City of Fridley Budget.
William Burns, City Manager, stated the budgetary process is essentially a year-long process.
They start early in the year with the Council/Commission survey and go on with the goals and
objective setting process, staff budget reviews, and ultimately, Council work sessions in both
June and October. One of the things they look at every year is the budgeting context and the
issues that are raised during the budget discussions. A very important part of that process is the
legislative context. What happens in the State legislature has a lot to do with what happens to
the City financially. The 2009 session was again one with strong partisan contentions. They
were dealing with a$4.6 billion deficit. The legislature and the Governor agreed to part of it,
and the Governor unallotted about $2.9 billion in expenditures, including $825,939 in Fridley's
Local Government Aid. That came on the heels of unallotment for $418,214 at the end of 2008
and $357,955 for 2009. Altogether , there is well over $1.6 million in lost LGA.
Dr. Burns stated the State maintained their 3.9 percent levy limit in the last legislative session.
They did allow the City to add the 2009 and 2008 unallotments to their base, but they did not
allow 2010 unallotments to be added to the 2010 base. There were a number of other legislative
issues. There were efforts to move the jurisdiction for the building code from the Department of
Labor to a separate committee, principally organized or dominated by builders. There was
legislation regarding police administrative fines. There was legislation regarding absentee
balloting and voter registration that would have cost the City more money. That was vetoed by
the Governor. One legislator would have eliminated the interest paid on mortgages from the
State income tax deductions. Another legislator would have created a half-percent county sales
tax that would have added a half percent tax to the City's purchases. There was another bill that
would have forced the City to use the State's cooperative purchasing system for all purchases.,
even though the City does have many purchases that are outside the system and are less
expensive than using the State's system. They were successful in thwarting the things that were
detrimental to the City's interest.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 8
Dr. Burns stated the prospects of the 2010 legislative session are not real good. The State's
financial situation is really poor, and 2010 is an election year for the legislators and the
Governor. It is very unlikely that the major fiscal imbalance that they facing will be dealt with
effectively in that political context. It is also very unlikely that there will be any LGA reform
which is badly needed. There will probably be no removal of state levy limits, nor will there be
any major state legislation affecting cities. It is also possible we will see further gubernatorial
unallotments for 2010. The City just learned last week that the financial picture of the revenues
for the State, are not as good as what they thought. The Governor is taking a hard look at cutting
or unallotting another $479,000 that we might have received and were expecting to receive, in
the latter part of 2009. So there are still threats of taking away additional LGA.
Dr. Burns stated the City was interested in getting tax increment financing (TIF) legislation that
would have allowed greater flexibility in the use of TIF to deal with foreclosed properties in
Fridley. That did not happen, but he understands there is a good chance that will happen in
2010. Some of our traditional concerns included administrative fines, legislation that would put
wine in grocery stores and compete with our municipal liquor business, and legislation regarding
eminent domain. It is unlikely there will be effective legislation in 2010 on these major issues.
Dr. Burns said the June and October budget work sessions with Council focused heavily on
budget cuts and revenue adjustments. Expenditure adjustments for 2009 and 2010 totaled around
$1,469,000. The City knows that the 2010 cuts include a salary freeze. Actually that does not
show up in the decrease in general fund budget. The City is estimating that had it let salaries go
forward as they have been in prior years, the City would have had 3 percent cost of living salary
increases amounting to about $251,527. The City's cuts also included four vacancies, and the net
savings from holding those vacancies vacant is $224,400. He would add that one of the
vacancies is a terminated employee who is legally challenging his termination.
Dr. Burns stated another adjustment the City has made for 2010 is the suspension of the IT
depreciation charge. We have an information systems internal service fund that charges our
various departmental budgets for their purchase and depreciation on IT equipment. We are
suspending that charge for 2010 and saving $154,169. It is not a real cut, it is simply a
suspension of a cost that we would otherwise entail. Not all travel and conference expense is
cut. If an employee has to travel and attend a conference to maintain his certification or
licensure, then he is going. However, other travel and conference expenses have been eliminated
at a savings of almost $68,000. The City is looking at a savings of almost $64,000 related to
health insurance. Also, employees had been able to sell back up to five days a year of their
vacation leave. That has been suspended for 2010, a savings of another $64,000.
Dr. Burns stated there are also some revenue adjustments for 2010. The City has not had as
many fund balances as it had. It has had low interest rates and to some extent that is a benefit if
you are borrowing money. If you are trying to invest City funds, however, not having high
interest rates represents a loss of revenue and the City is looking at $90,000 in interest lost for
2010. The City is also looking at losing about $150,000 in our transfer from the liquor fund and
$141,000 in license and permit revenue. On the positive side, the City is transferring $107,300
which would normally go to the Parks capital levy to the general fund. The City had some
pleasant one-time surprises. The balance at the end of 2009 is projected to be just a little bit over
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 9
$541,000, so the City will be able to shift that into the general fund as we go into the year 2010.
The City also dissolved three TIF districts, 1 through 3, and retired the bonds in those districts.
That one-time action gained us $438,000 in TIF turn-back revenue. The City has also added
additional overhead charges for the utilities which amount to about $54,000.
Dr. Burns stated regarding employee health coverage, it was not a huge budget discussion, but
every year at the October budget work session they review it. Unfortunately, some of the City's
employees' experience was not good in 2009 and we saw a premium increase of 19.8 percent.
However, through a variety of benefit adjustments, position freezes, and plan changes, the City
was able to convert that increase into a$64,000 savings. While the City did not restore all dues
and subscriptions that had been taken out earlier in the year for 2010, it did partially restore dues
and subscriptions based on the need of department managers and supervisors to maintain their
professional training and status.
Dr. Burns stated the City also restored step increases, costing about $53,000 to the final budget.
They felt continuing to exclude step increases was contrary to what other cities were doing, and
would be more expensive than the savings to defend the step increase move in labor negotiations
and other contests.
Dr. Burns stated another discussion they had in their budget work sessions was the suspension
of locally-funded capital improvements costs. They did put a hold on $275,000 of those costs.
They did not actually shift the money over to the general fund, but the money is available in the
various capital improvement funds at some point should it be needed to provide cash flow.
Dr. Burns stated utility rate adjustments were also a big part of the budget discussion. The
water rate increase is budgeted at 5 percent and the sewer rate increase at 9.5 percent. There is
no increase for storm water. They also discussed a variety of revenue options. They talked
about the potential for a street lighting levy, bonding for equipment and charging the interest
outside the levy limits that would base from the City Charter, and possibly asking the voters to
approve a levy or franchise fee. Council agreed to wait as far as determining whether or not they
wanted to implement any of them.
Dr. Burns stated our budget for all funds is reduced by 9.5 percent or by close to $1.7 million.
One of the big funds is the general fund, and the expenditures have been reduced by $792,855 or
by 5.3 percent below what was budgeted in 2009. General fund budget reductions include
$293,990 in personal service costs. Of that amount, the largest part is for salaries--$251,527.
There is also a$64,000 decrease for health insurance. There is a$25,000 increase for cash
benefit payments in lieu of health insurance. The City does make that available for employees
and hopefully is saving money by offering a cash benefit in lieu of having them use our health
insurance plan. They estimate if all the employees who had the cash benefits were to take a
health insurance plan for a single person, the City would be spending about $70,000 more.
Dr. Burns stated another part of the general fund is supplies. The cost of supplies is down by
$85,178. A large part of that decrease is the $100,821 reduction for fuel. Last year when they
were budgeting, they did it in May and June and were looking at $4 per gallon charges. That did
not happen, and we budgeted much less for fuel. At the same time, our equipment is getting
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 10
older and the demand for repair parts is going up, so we included another $17,577 for repair
parts.
Dr. Burns stated "other services and charges," the third maj or category of general fund
expenditures, is down by $345,196 or 12.9 percent. A big chunk of that is the IS charges which
were deferred for one year. There is also a reduction of $17,000 for professional services;
$57,506 for conferences and schools; $14,290 for non-professional services; and a decrease in
dues and subscriptions budget by $11,210.
Dr. Burns stated capital outlay costs, which means costs for equipment and vehicles, is also
down by $68,491. Altogether we are purchasing about $241,000 worth of equipment. It
includes a turf sweeper for parks maintenance, a dump truck to be used for pothole patching for
street maintenance, and three police squads. The City has a number of "special revenue funds"
that are separated out from the general funds because of accounting requirements. Those funds
are also down by $92,540 or 7.4 percent. The funds include the Cable TV Fund, the Grant
Management Fund, the Solid Waste Abatement Fund, the Police Activity Fund, and the
Springbrook Nature Center Fund.
Dr. Burns stated the biggest change in these funds is the $60,281 reduction for solid waste
abatement. This reflects the end of revenue sharing with our hauler and the elimination of drop-
off and paper shredding events. We do have a little bit of money leftover from this year's
revenue sharing program, and will have a very limited number of drop-off and paper shredding
events in 2010. Once that money is gone, however, we most likely will be done with those kind
of events.
Dr. Burns stated there is also a reduction of $29,590 for the Police Activity Fund. This fund
supports one police officer who is assigned to this fund to replace another higher paid police
officer. Reductions are partially offset by a$3,829 increase in Springbrook Nature Center
expenditures. He thinks most of these are for step increases as well as for expanding the hours of
the part-time maintenance person there from 17 to 20 hours per week.
Dr. Burns stated regarding capital improvements, we have general capital improvements, streets
and parks capital improvements. The budgeted part of the capital improvements are down by
$794,000. Capital improvement fund expenditures are down by 53 percent. The 2010 street
fund projects are funded entirely by federal stimulus dollars, state aid to highways or property
owner assessments. With one exception, there is no money budgeted for streets. It is all local
other than the assessments, but it is not money that would ordinarily come out of our budget.
Dr. Burns stated the 2010 proj ects include the 2010 mill and overlay proj ect which is costing us
$649,500. That is a project that includes streets in the Rivers Edge Way neighborhood. It also
includes some streets in Councilmember Varichak's neighborhood that are bounded by Old
Central on the west, Stinson on the east, Mississippi on the north, and Gardena on the south. We
are also continuing with the 61st Avenue/Moore Lake Drive mill and overlay project that is worth
$463,000. A lot of that is paid for by stimulus money we are getting from the Federal
government as well as by property owner assessments. Other street-related projects include our
contribution to the signalization at the 85th Avenue and Springbrook Drive intersection. We are
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 11
spending $75,000 there and making state-mandated signage upgrades which are costing us
$30,000. All of those projects though are paid for by state MSAS funding.
Dr. Burns stated while the budget shows $130,000 for a 2010 seal coating project, that money
will be held. He does not anticipate we will spend that money on seal coating. The remaining
$470,000 for streets capital improvements consists of MSAS reimbursements that will be funded
through the capital improvements budget for the 2010 mill and overlay proj ect. Other 2010
projects which are not street projects include an HVAC replacement project for this building.
We are going to replace one of the HVAC units on the top of the building at a cost of about
$21,000. We are also looking at designing some alternative energy improvements which he
hopes might include some solar improvements. We are looking at court resurfacing in our parks
worth about $50,000 and parks furnishing and fencing at a cost of $17,000.
Dr. Burns stated regarding the enterprise funds which consists mainly of utilities and liquor
operations, they are looking at a decrease of $364,313 or 2.7 percent. All of that decrease
belongs to the liquor operations. The water fund is up by $10,525 or 4/lOths of 1 percent. Some
of the contributors to that include a reduction of $42,820 in depreciation costs for water. An
increase of $19,069 in operating costs, mostly utilities, and a$20,941 increase for debt service.
Dr. Burns stated the sewer fund is up by $331,967 or 7.9 percent. He said around $307,000 is
for additional treatment costs that are being handed down to us by the Metropolitan Council
Environmental Services. However, there are some other sewer changes there. We have $44,317
for sewer administrative costs which include the general fund administrative charge. Overall
sewer operating costs are up by $287,650. Practically all of the increase is the MCES additional
treatment cost. The storm water fund is up by 8.6 percent. The numbers are fairly minimal,
$12,300 for additional administrative charges; $11,000 for additional depreciation; and $13,005
for additional services contracted.
Dr. Burns stated the liquor fund is down by $739,505 or 12.1 percent. A lot of that is tied to
diminished revenues, and a lot of those are tied to the loss of Gander Mountain. When Gander
Mountain moved out, the City began to lose money. There is also some reconstruction plan for
the Cub Foods property on 57th Avenue and, at this point, we do not know how that will impact
our revenues for 2010. As a result of proj ections, they decided to cut the transfer of revenue
from the liquor fund to the general fund by $150,000.
Dr. Burns stated regarding the tax impact of this year's 2010 budget, the City's property tax
levy for 2010 is $10,120,162 or plus 6.8 percent. The components of that levy are $9,101,421
for the general fund; $698,104 for bonded indebtedness; $314,400 for Springbrook Nature
Center's special levy; and $62,000 for the Six Cities Watershed District. The impact of these tax
increases on the home valued at $196,200 is a tax increase of $47 a year. The local portion of
taxes will move from $554 to $601. The overall tax impact of the City's levy increases will vary
from school district to school district. Changes range from $48 in the Spring Lake Park District
to $261 in the Fridley School District. Anoka-Hennepin residents will see an $83 increase, and
Columbia Heights residents will see a$78 increase.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 12
Dr. Burns said with respect to the financial health of the City, we are looking at some decrease
in fund balances and expect by the end of 2010 we will wind up with $16,356,442. That
includes the $3.5 million in unreserved general fund amounts. Regarding expenditures vs.
revenues for the general fund since 2005 that amount has varied from year to year. It varies from
about $1.6 million to somewhere between $647,000 and $811,000. What we wind up with for
2010 is an $811,281 deficit that has to be accommodated by transfers.
Dr. Burns stated regarding the sources of general fund revenue, the dependence on property
taxes is growing. At one time we had about 30 percent of our tax reliance on property taxes.
However, local government aid became smaller and smaller. At one time LGA was up to 35%.
Now, it is down to 9.9% of the total.
Dr. Burns stated there has been very little change over 14 years in the budget in terms of
constant dollars. When you adjust for inflation, our budget today is a little higher than what it
was in 1995. If you end at 2008, the last year for which actuals are available, the increase
amounts to about .6 percent per year.
Dr. Burns stated with respect to the economic environment for Fridley, they look at several
things annually to measure the strength of Fridley's economy. They look at the value of new
construction, and know that for the first ten months of this year, it was $42 million plus
compared to $37 million plus for the same period in 2008. However, much of the total was for
public sector projects. The Minneapolis Waterworks spent almost $19 million on their clarifier.
They also built a police command center on their site for $2.4 million. The Northstar station
absorbed another $3 million in public money. There were other semi-public projects; Unity
Hospital spent a fair amount of money for improvements. Totino-Grace (which is not a public
entity but not necessarily a private enterprise entity either) spent a fair amount of money on their
proj ect in 2009. The City did not have as many private sector proj ects this year. There were,
however, eight large projects valued at more than $500,000 compared to three large projects
valued at $SOO,OOO last year and six large projects in 2007.
Dr. Burns stated regarding employment, unemployment was a little better in Fridley than it was
nationally. It grew from 6.5 percent as of October 1, 2008, to 7.7 percent as of October 1, 2009.
The increase in unemployment is accompanied by a 2.3 percent decrease in the number of
Fridley jobs from 23,005 in 2008 to 22,486 in 2009.
Dr. Burns stated property values are going down. The market value of all Fridley property
decreased by 5 percent between 2008 and 2009, from $2.6 billion to $2.5 billion. The assessed
value for single-family homesteaded property decreased by 8.5 percent. The value of non-
homesteaded rental buildings having three or fewer units rose by .8 percent. That has to do with
the continued transfer of homesteaded single-family property to non-homesteaded rental
property. The value of non-homesteaded property having four or more units, however, decreased
by 2.7 percent. The value of commercial and industrial property decreased by 1.7 percent and
1.8 percent respectively. There were decreases in property values accompanied by a 4.3 percent
decrease in tax capacity which is the amount available for property taxation.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 13
Dr. Burns said they also look at public assistance. The number of households receiving cash
assistance or food stamps increased from 1,023 to 1,329 or by 29.9 percent between 2008 and
2009. District 14 reports a 16 percent increase in the number of students receiving free or
reduced meals. The only bright spot in this year's economic context presentation is that crime is
down. The number of Part I and Part II crimes committed in Fridley through September 2009
decreased by 14 percent.
Dr. Burns stated in conclusion, the City lost about $1.6 million in local government aid. We do
not see any fixes coming our way by way of the state legislature for 2010. Fridley's economic
environment has been impacted by lower property values, increased unemployment, and greater
dependence on public assistance. The budget drafted in these conte�ts is 9.5 percent lower than
the budget prepared for 2009. Enterprise funds are down by 2.7 percent. Most of that has to do
with declining profits in the liquor fund. The general fund budget reflects numerous revenue and
expenditure adjustments, including a salary freeze, four vacancies not filled, health insurance
reductions, suspension of IS fund charges, reduction in travel, and cutbacks in vehicle and
equipment purchases. These adjustments leave the City with a general fund budget of
$14,127,235; and a general fund deficit of a little over $811,000. Property taxes for general
fund, retirement of street improvement bonds, and Springbrook Nature Center and Six Cities
Watershed District will add $47 to the taxes paid on the average valued Fridley home. Like most
other local governments and the State of Minnesota, the City of Fridley faces major financial
challenges. While the $811,281 general fund deficit is only half of what it was last year, many
of the adjustments that have gotten us to this point are either one-time benefits or very short-term
in nature.
Dr. Burns said the revenues include the temporary use of the Parks money; $438,000 in the one-
time TIF retirement bond money; and $541,000 in general fund savings for 2009 which is not
guaranteed to repeat for 2010. The total one-time revenues amount to over a million dollars and,
when you add that to the expenditures adjustments which should be considered temporary, there
is $823,000 or a total of about $1,909,000 in either one-time or temporary adjustments.
Dr. Burns stated in addition to the short-term nature of revenue and expenditures adjustments,
we must also be concerned about the potential loss of LGA. As the State tries to face the $5.4
billion deficit, there has to be some uneasiness about the safety of that LGA money. Demands
for City services remain high. Although we had a 14 percent decrease in crime rates in 2009, our
crime rates remain among the highest in the metro. It is something we have to deal with, and so
the demand is there for our police officers. The calls for medical assistance and response to fires
have also risen sharply. There has been a high increase in code enforcement activity. Housing
maintenance has been added to our code enforcement responsibilities. There has also been a
marked increase in rental inspections as we see single-family properties converted to rental
property. We have 110 miles of streets, between 300 to 400 acres of parks, and another 110
miles of utilities that need to be maintained. The demand for maintenance, including
preventative maintenance, is there and continues to be there regardless of the City's financial
situation. Although recreation programs are not growing, they do remain important, particularly
for seniors and youth in our community.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 14
Dr. Burns said there is also concern about the City's cash flow requirements. According to Mr.
Pribyl we need almost $6 million in cash balances to avoid borrowing for operations. We
anticipate that we will not be able to meet these requirements beyond 2011. We also project that
by 2013, there is a good chance we will have exhausted all three of our sources of general fund
transfer. Those include the closed bond fund, the general fund reserve, and the liquor operations
balances that we have been transferring over. The City needs to look for alternative sources of
revenue in the coming months. If we are going to keep the broad-based services that Fridley has,
including recreational services, we have to look for another source of income. While the current
economic climate does not favor support for higher cost of government, it also does not favor
cutbacks in local government services. These circumstances will make it even harder next year
to define a budget for 2011.
Dr. Burns stated with an overall sense of concern, as well as a strong sense of pride in the
quality of Fridley's local government services, he presented the City's 2010 budget for Council's
consideration.
Mr. Holum, 6575 Monroe Street NE, stated he had some questions about property taxes. He
said in 2005 his home was valued at $180,500; and his taxes were $1,868. For the next year, his
home value went down $8,800, down to $187,008 and his taxes went up $235. He asked for an
explanation.
Richard D. Pribyl, Finance Director, stated he can account for right off the top the 6.8 percent
related to the City levy itsel£ Since the year 2000, we have had to manage the local Charter
limitation that was imposed, so the City measures that on an annual basis and that is the
Minneapolis/St. Paul CPI. That ordinarily sets the ceiling for the local levy. In 2008, for the
legislation session for 2009, the State imposed the State levy limits. All of a sudden, the City has
another limitation to manage and try and watch both of those and make sure the City does not
exceed the lesser of the two. In 2009, with the formulas they have provided the City as far as
how it determines our levy, we have to look at both the LGA and the levy in relation with what
they call a revenue base. In 2009, we actually got more LGA which meant we levied less. When
you took a look at it in 2009, we actually went backwards in our levy. We lost $54,000 in levy
as compared to 2008. In 2010 now we actually get less in LGA which meant that our levy
moved up. In both these years, we were levying under the Charter limitations so it is the State
levy limit that is less. What happens, because of the interaction between levy and the LGA, in
2010, we went up 6.8 percent because due to the State levy limits in 2009, we actually lost
ground. With that calculation for 2010, we did get less LGA which meant we were allowed to
increase the levy a little bit more.
Mr. Holum stated so you cannot come up with actually a rate or percentage because it fluctuates
from year to year based upon LGA.
Mr. Pribyl replied, based on the formula that includes LGA and the levy. As one moves up, the
other moves down, and vice versa. If you take a look at the Minneapolis/St. Paul CPI for
2009/2010, in 2009 it was 2.6 and in 2010 it was 3.8. The total of those two is actually 6.4 so we
are still underneath those two years' worth of CPI. We could take a look at those two years
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 15
independently and what we have now increased from 2009 in levy. That is the secret to all of
this. He wished it was simpler than this. It is not. Every time they simplify it, it gets worse.
Mr. Holum stated so it would vary one year to the next based upon that formula?
Mr. Pribyl stated as long as we have a State levy limit it will. All bets are off as far as when
they take that off that there is some other formula that comes into play in regards to levy
calculation.
Mr. Holum asked how does that come in based upon our Charter. What does our Charter say
regarding property taxes?
Mr. Pribyl replied we have to manage both of these indexes and we do that. In 2009, we were
under the local levy limits by $450,000 and for 2010 we are under by $179,000. So the State
levy limits were more restrictive than the local levy limits.
Mr. Holum stated he was given the definition regarding the Charter limitation on levies and
asked if it wasn't around 5 percent.
Mr. Pribyl replied, it is the lesser of 5 percent or the Minneapolis/St. Paul CPI.
Mr. Holum asked what the number was.
Mr. Pribyl replied, which is 3.8. Keep in mind we are below that ceiling with the State levy
limit. We were in 2009 and we still are in 2010 by $179,000.
Mr. Holum stated and it is 5 percent or the cost of living which is 3.8%.
Mr. Pribyl stated the ceiling though is built year by year and in place year by year. So they
actually manage year by year. We increase the prior year by that local increase. So from the
year 2000 we have increased it by, for example, 2.8 percent. That has now been the ceiling and
year after year , we actually manage that ceiling.
Mr. Holum asked how they came up with 6.8%.
Mr. Pribyl replied, the 6.8 percent is actually the increase in levy from 2009.
Mr. Holum asked but how did he arrive at that 6.8?
Mr. Pribyl replied, actually the levy in 2009 was $9,472,487, so the levy in 2010 is
$10,120,162.
Mr. Holum stated so a typical layperson could not understand this unless they had figures like
that. You could not go by a rate, like, okay, this year it is going to be 5 percent, 6, 7 percent
based on this fluctuation.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 16
Mr. Pribyl replied, right.
Mr. Holum stated he certainly does not mind paying his fair share. He thinks it is happening in
other communities as well. He said he did see a need for additional revenue and we have to do
it through a referendum, but people are going to say you are not going to tax me like this and are
going to say put it back on the State. He knows the Mayor spends a lot of time down at the
legislature and look where it got him as part of the LGA.
Mayor Lund replied, actually, it was very fruitful. We did gain back In 2006 we were at zero
dollars. It was not just him. It was City staf£ It was our legislators. There were a number of
players. We were able to get some of that back and, because of our rather unique situation in
Fridley with our Charter restrictions, they did consider legislation for us to be able to levy back
at least some of those LGA losses. To the extent they have been able to, we have levied those
back under the law. Dr. Burns has been working through the League of Minnesota Cities, too, in
lobbying efforts with the State about what we have determined is the unfairness of local
government aid. Not only has the pot diminished greatly with the State of Minnesota trying to
balance their budget, it is how it is distributed and the fact that out-state gets so much more of it,
and that is not where the money is coming from.
Mr. Holum stated his home value was $196,006 in 2009. Now it is going down to $187,800.
He shared this with a prominent real estate person in the community who said that is not even
close, it should be closer to $160,000. The assessor's office has to come up with a more realistic
figure when it comes to market values, because that his home is not worth $187,800.
Dr. Burns stated the State law directs the way we identify values. For a typical year, for payable
2010, our values were determined in 2008. We are about two years behind.
Councilmember Bolkcom suggested to Mr. Holum that he contact some of his State
representatives.
Councilmember Barnette stated he has always taken pride in that Fridley taxes are the lowest
in Anoka County.
Mr. Pribyl stated on December 14, 2009, there will be resolutions to approve the budget and
levy, if there are no changes.
Mayor Lund stated people should probably know there is the potential for unallotments by the
Governor in the very near future, and the budget may change.
Councilmember Bolkcom stated she read that there could be an unallotment this month and also
two more next year.
9. Informal Status Report
None.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 17
ADJOURN.
MOTION by Councilmember Barnette, seconded by Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:17 P.M.
Respectfully submitted,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 14, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Richard Pribyl, Finance Director
Jim Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
John Berg, Fridley Fire Department
BOARD OF CANVASS:
Receive and Certify the Statement of Canvass from the Special Election of December 8,
2009
Deb Skogen, City Clerk, said a special election was held on Tuesday, December 8, 2009, to
determine the outcome of the charter amendment adopted by Ordinance No. 1260, which would
allow for a special election and change the voter requirement needed to approve a request. State
law requires the City to canvass the results of the special election within 7 days of the election.
Ms. Skogen said there were 15,318 registered voters registered at 7:00 a.m. and 30 Election Day
registrations, for a total of 15,348 registered voters. Of the total number of registered voters,
2,352 voters cast a ballot providing for an average voter turnout of 15%. All of the ballots cast
voted yes or no with no blank or over-voted ballots. 936 votes were cast in favor of the
amendment and 1,416 votes were cast against the amendment, thereby defeating the amendment
and rescinding Ordinance No. 1260. Staff recommends a motion accepting and certifying the
results of the election.
MOTION by Councilmember Bolkcom to receive and certify the Statement of Canvass from the
Special Election of December 8, 2009, with the change on Ward 2 to read Councilmember
Varichak Seconded by Councilmember Saefke.
Ms. Skogen said there was a question about the cost of the special election. The cost was
$12,794.63 with $10,733 in election judge wages. There was another question about the
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 2
absentee ballots and how many were received. 165 absentee ballots were mailed and 129 were
received back and 4 were rejected.
Councilmember Bolkcom asked if the price would have been any less if the election was held at
the same time as the School Board Election.
Ms. Skogen answered no. The cost would have remained the same.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
PRESENTATION:
Fire Department: Fire Explorer Program
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Approve Joint Powers Agreement between the City of Fridley and County of Anoka for
the Intersection Improvements at East River Road and 61st Avenue N.E. (Ward 3).
William Burns, City Manager, said although the signalization project is underway and expected
to be covered by $300,000 in Community Development Block Grant funding, Fridley is being
asked to absorb 25% of any costs that exceed the $300,000. School District #14 has also agreed
to pay 25% of any cost overruns. We expect the project to be completed in January. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Resolution Authorizing Changes in Appropriations for the 2009 Budget for August
through November, 2009.
William Burns, City Manager, said the resolution covers $26,194 in non-budgeted revenues and
expenditures. All of the expenditures are related to federal grants, donations, reimbursements, or
sale of property. The two biggest items of General Fund expenditures include the purchase of
squad video cameras and overtime for police officers involved in DWI saturation campaigns.
The expenditures also include $30,000 for the Springbrook Nature Center Memorial Garden.
This latter item was covered by a donation from William Beery. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2009-69.
3. Resolution of Support for High Speed Broadband Connectivity in Anoka County.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 3
William Burns, City Manager, said the City has been asked by Commissioner Kordiak to
support a resolution endorsing the County's efforts to extend broadband Internet service
throughout Anoka County and to support their application for federal funding for this proj ect.
Dr. Burns said the County has been working to identify unserved areas of the County as well as
public institutions and key business locations that might be served by a County-sponsored
Internet system. They plan to provide these services through a private sector Internet provider
and federal stimulus funding. The attached resolution puts Council on record as recognizing the
benefits of their efforts to expand Internet service in Anoka County as well as supporting their
grant application. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Claims (144304 —144418).
APPROVED.
5. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
6. Estimates:
APPROVED THE FOLLOWING ESTIMATE:
G.L. Contracting, Inc.
4300 Willow Drive
Medina, MN 55340
45th Avenue Stormwater Outfall Repair
Proj ect No. 390
Estimate No. 1 ........................................................................................ $ 63,700.92
ADOPTION OF AGENDA:
Councilmember Bolkcom asked for item Nos. 1 and 3 to be removed from the Consent Agenda.
Councilmember Bolkcom said that on Page 12 of the agenda, Item No. 2, Fire should be
changed to Recreation under "Appropriation Adjustments."
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
Nos. 1 and 3 and the correction on Page 12 of the agenda. Seconded by Councilmember
Varichak.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to Adopt the Agenda with the addition of Item Nos. 1
and 3. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
None.
OLD BUSINESS:
7. Approve Consultant Selection for Project No. 389 SPRING Project (Tabled December
7, 2009)
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE ITEM WAS REMOVED FROM THE
TABLE.
Mr. Kosluchar said this item was tabled from at the November 16 and December 7 City Council
meetings pending the attached agreement.
Mr. Kosluchar said a team led by Hoisington Koegler Group was selected largely due to their
proj ect understanding and creative approach, related proj ect experience, and cost within the
available budget. Ana Nelson of Hoisington Koegler Group, who will be the project manager,
developed the SPRING conceptual plan in 2003 when she was with Bonestroo. The Hoisington
Koegler Group is teaming with Partners & Sirney Architects, who have solid experience with
this type of project. Both firms come very highly recommended by their references. Staff
recommends the City Council approve the selection of Hoisington Koegler Group, Inc., to
provide professional services for the SPRING Project (City Project No. 389), and approve the
agreement for professional services with Hoisington Koegler Group, Inc. for the SPRING
Proj ect.
Councilmember Bolkcom asked who the "client" was in the agreement.
Mr. Kosluchar said the client was the City of Fridley.
Councilmember Bolkcom asked if this project would come back to Council if additional
services are needed.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 5
William Burns, City Manager, said it would come as a change order.
Councilmember Bolkcom asked if the Foundation had additional funds available if there were
additional services.
Dr. Burns said a request can be made that if any changes arise they would need to come before
Council for approval before they are implemented.
Councilmember Bolkcom wanted to make sure everything is paid on time so no interest will be
charged. She is aware the Mayor is involved with the group for this project but would like the
rest of the Council to receive updated reports so they know what is going on with the proj ect.
Mayor Lund said he would be happy to share information with Council on any incidental
amounts that arise and agreed that communication should be kept open.
Councilmember Barnette said Council did have some concerns about this project but this will
be an improvement of our parks. The concern was that the client is the City and the cost is paid
by the Springbrook Foundation. This proj ect will not be funded with direct City dollars.
Dr. Burns said that the SPRING Foundation will be seeking $3.OM from a State Bonding Bill
and it will help to receive additional funding if the area is shovel ready.
MOTION by Councilmember Bolkcom to approve the Consultant Selection of Hoisington
Koegler Group, Inc., for Project No. 389 SPRING Project. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS:
8. Resolution Certifying Final Tax Levy Requirements for 2010 to the County of Anoka.
Richard Pribyl, Finance Director, said the proposed levy complies with both state law and with
the city charter limitation requirement. For taxes payable 2010, the State Levy Limit is more
restrictive than the local levy limit and we are levying $179, 545 less than the local charter
limitation. The city passed a"proposed" levy in September, in the amount of $10,120,162.
Mr. Pribyl said that the resolution is considered the "Final Levy" and is exactly the same dollar
amount. This is the same amount that was used in the 2010 Budget Presentation made during the
Public Meeting held on December 7th to discuss the 2010 Budget. Staff is recommending
approval of the attached resolution to levy taxes for the 2010 budget year.
MOTION by Councilmember Barnette to adopt Resolution No. 2009-70. Seconded by
Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 6
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
9. Resolution Adopting the Final Budget for the Fiscal year 2010.
Richard Pribyl, Finance Director, said at the City Council meeting on December 7, the City
Manager delivered the 2010 budget message during the public meeting held for public comment.
This resolution adopting the 2010 Budget will finalize the budget process. This year the City of
Fridley was not required to hold a public hearing, but did hold the required "Public Meeting" for
public comment.
Mr. Pribyl said that the certification of the "Final Budget" must be to the County Auditor by
December 28. The City has complied with appropriate sections of the City Charter that require
certain formats and information be contained within the budget document. Should anyone have
any additional questions that relate to the 2010 Budget, information can be obtained as follows:
■ The Anoka County Library will receive copies of the final City of Fridley 2010
Budget after the production of these documents.
■ Copies of the budget can be obtained by contacting Rick Pribyl at 763-572-3520.
■ The City Manager's Budget Message is on the City's Website located at
www. ci.fridlev.mn.us.
■ The 2010 budget will be placed on the Website as soon as the final document has
been printed.
Mr. Pribyl said since there are no open issues to resolve as a result of the public meeting on the
budget, Staff is presenting the Budget Resolution for 2010 for your approval. Staff is
recommending that Council pass the resolution that will provide approval for the Budget for
2010.
Mayor Lund noted the budget is a 9.5% decrease from the previous year. Since there may be
changes in the government aid from the State, this may not be the final outcome of the budget for
next year.
MOTION by adopt Resolution No. 2009-71. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
10. First Reading of an Ordinance Amending Chapter 11, General Provisions and Fees,
of the Fridley City Code.
Richard Pribyl, Finance Director, said as part of the 2010 budget process, staff conducted a
review of the fees and charges. Those results were reviewed by each department manager to
determine whether the current fees warranted an increase. The 2010 budget reflects the changes
as shown on the ordinance. The changes being recommended generally are rental housing-
related fees and some Community Development-related fees. There are a couple of suggested
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 7
wording changes that relate to Community Development-related fees. These suggested changes
are in compliance with Chapter 7 of the City Code. Staff recommends the first reading of the
ordinance.
Councilmember Saefke asked how many code 101 livestock were in Fridley.
Scott Hickok, Community Development Director, said there are not a lot but noted that there is
currently a bird owner who holds a license under the livestock provision.
Councilmember Bolkcom asked why some items were referred to as a fee and others a license.
Mr. Hickok said that after review, license is more appropriate language in some cases.
Councilmember Bolkcom asked if she had a condominium if she would pay for an annual
license.
Mr. Hickok said the charge would be for a condo conversion; he is not familiar with the details
but it can be referenced in Chapter 11.
Mayor Lund said that he understood it as an apartment owner who wanted to convert his
apartments into condo's to have ownership in the condo rather than monthly rent.
Councilmember Bolkcom asked if the conversion registration would be a one-time fee and then
a condo annual license.
Mr. Hickok said that there would be a one-time filing fee when the conversion happens and then
an annual license would be reviewed but there is no fee attached to it.
Councilmember Bolkcom asked if there would be a fee attached to either one.
Mr. Hickok said that the charges are not with the City but with the County.
Councilmember Bolkcom asked if any staff time would be spent on this.
Mr. Hickok said that the only staff time would be spent in collecting the documents.
Councilmember Bolkcom asked for clarification about the construction site and house.
Mr. Hickok said that there is a place marker in the fee structure but there is no new charge to
this, it is part of their permit. It basically states that there could not be a job trailer on a site
without a job. The inspector would review that and there are provisions on this item so if a fee is
needed at one point, it could be charged. No fee is recommended at this time.
Councilmember Bolkcom asked about the increase in rates on multi-dwellings. She noted that
it was a significant increase.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 8
Chief Berg said that the rates reflect an internal study that was done.
Councilmember Bolkcom asked if we were covering the City costs at all.
Chief Berg said that based on the estimated budget we will fall short about $25,000.
Councilmember Varichak thought there was a discussion about changing the fees so the City
would not end up in the hole on this.
Mayor Lund recalled the discussion and thought it would help people get into compliance. He
asked if there was any estimate on how many people do not comply with rental licensing.
Chief Berg said that it is a very small amount.
Councilmember Bolkcom asked how many people were renting out property without a license.
Chief Berg said he had no idea. Typically 2 to 3 properties are found every year.
Mayor Lund said taxpayers should not be bearing the cost of those who are renting and not in
compliance.
Councilmember Bolkcom asked about the re-inspection fees and if the $300 was for the entire
complex or per unit.
Chief Berg said the fee is basically a trip charge and $300 is charged every time we go back.
Councilmember Bolkcom asked if the charge is for when a renter calls in or only during re-
licensing.
Chief Berg said it is for every time we go on an inspection, re-licensing or a complaint. The
property owner is given time to correct the conditions and when we go back we do not charge.
There are additional charges if a third inspection or additional inspections are needed.
Councilmember Bolkcom asked about the change in the SUP and RL.
Mr. Hickok said that the SUP current rate is $1,500 for all and the RL single family has a rate of
$1,000. Staff analyzed that the amount of work required for an RL justifies a lower rate.
Councilmember Bolkcom noted that there was a charge to install on a tower and it wasn't
installed. She asked if the City charged even if they don't put one up.
Mr. Hickok answered yes, it relates to the work because it takes the same amount of staff time.
Councilmember Bolkcom asked if two requests come in together if it is $500 for both.
Mr. Hickok answered no; it is $500 per user.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 9
Councilmember Bolkcom requested the wording to reflect that.
Councilmember Varichak wanted to go back to the inspection fees. She asked what would
need to be done to break even.
Chief Berg said the fee would need to increase about $40 per building on top of the proposed
amount.
Councilmember Bolkcom suggested to approve the proposed fee structure but look at this next
year so the fees will cover the work that is done.
Mayor Lund said for example on a single rental there would be a$75 charge for an annual
license and staff would come out on a complaint and do an inspection plus re-inspection for $75.
Then if the rental property was still found in noncompliance and staff came back third time there
would be a$300 re-inspection fee. He asked if staff had the ability to tag or site those not in
compliance.
Chief Berg said there is a$300 penalty which is an incentive for us not to come back and there
is a lot more staff time involved to track citations. Staff does have the ability to tag or site those
not in compliance.
Mayor Lund asked if there were scheduled inspections on particular licenses.
Chief Berg said on a single family rental, a full inspection is completed every four years and an
exterior inspection every other year. In four years every property is visited twice.
Councilmember Bolkcom asked if she was a landlord and is not in compliance, would she be
charged $300, and if she doesn't take care of it, she could be charged again.
Attorney Knaak, City Attorney, said it would be a criminal penalty. If people refuse or fail to
do what is indicated they may not be reinstated. If they try to rent, they could be charged with a
misdemeanor and could go to jail and pay a penalty of $1,000.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Councilmember Bolkcom asked when the fee changes would go into affect.
Mr. Hickok said the second reading would come before Council on January 25 and would be
published and fees implemented 15 days after that. If everything passes, it would become law on
February 12.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 10
11. Resolution Approving the Amendment of the City of Fridley Educational Facilities
Revenue Note, Series 2002, and the Loan Agreement Relating Thereto Authorizing
the Execution of Documents in Connection Therewith (Totino-Grace High School
Project).
Richard Pribyl, Finance Director, said in 2002, the City of Fridley approved some conduit
financing that allowed Totino-Grace High School to issue some tax exempt debt. This type of
financing did not create any liability for the City.
Mr. Pribyl said Totino-Grace has asked to make a couple of changes to the loan agreement. The
change would allow them to pay interest only on the loan. Mr. Michael Bilsky is here this
evening from the North American Banking Company if you have any questions. Mr. Bilsky was
involved with Totino-Grace and the original issue back in 2002. Staff recommends Council's
approval of the resolution.
Councilmember Varichak asked if something like this had ever been done before.
Mr. Pribyl said this does not happen often but it is not unusual. Any modification has to come
before Council.
Councilmember Bolkcom asked for clarification on Page 44 about allowing for secured interest
in land prohibited in the original note.
Richard Bilsky, North American Banking Company, said the original note was for the building
only and the new note requires a note on the entire property. The reason for the changes is to
remain in a tax exempt status.
Councilmember Bolkcom asked if Totino-Grace was currently only paying interest.
Mr. Bilsky answered no. They are paying principal and interest.
Councilmember Barnette asked if there was any risk to the City on this change.
Mr. Bilsky answered no.
MOTION by Councilmember Varichak to adopt Resolution No. 2009-72. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
12. Preliminary Plat Request, P.S. #09-05, by Premier FMC, LLC, on Behalf of Unity
Hospital, to Replat Property to Allow the Creation of a New Lot to Allow for the
Construction of a New Medical Clinic/Office Building, Generally Located at
Osborne Road and Fifth Street (Ward 1).
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 11
13. Special Use Permit Request, SP #09-17, by Premier FMC, LLC, on Behalf of Unity
Hospital, to Allow for the Construction of a Medical Clinic/Office Building in an R-
1, Single Family Zoning District, Generally Located at Osborne Road and Fifth
Street;
and
Resolution Approving Special Use Permit, SP #09-17, for Premier FMC, LLC,
Generally Located at 500-550 Osborne Road N.E. (Ward 1).
Scott Hickok, Community Development Director, said the petitioner is requesting a preliminary
plat to create a new lot to allow the construction of a medical clinic/office on the Unity Hospital
Campus. A special use permit is also being sought to allow the construction of the free-standing
medical clinic/office building in an R-1, Single Family zoning district.
Mr. Hickok stated the proposed free-standing, two-story medical office building will be located
in the northwest corner of the Unity Hospital campus. The proposed building will be
approximately 60,000 square feet in size. This building will primarily be occupied by Fridley
Medical Center and Virginia Piper Cancer Center. The proposed replat will consist of six lots.
Mr. Hickok said a medical clinic of this size would require 240 parking stalls at a parking ratio
of 1 to 250 square feet. Petitioner is proposing to construct 246 parking stalls and proof an
additional 57 stalls, which is above what code would require. In order to allow for the
construction of the new medical office clinic, 109 parking stalls will need to be removed. The
petitioner has stated that the old Fridley Medical Center property will be exchanged for this new
parcel which is currently on the Unity Hospital campus. As a result, any displaced parking to
allow for the construction of the medical clinic will be moved to the existing Fridley Medical
Center site, which will be owned by Unity Hospital.
Mr. Hickok said the petitioner is proposing to construct a new access to the Unity Hospital
Campus via Sth Street. The site plan submitted shows this access as a right-in/right-out/left-in
access only. The reason for this is to attempt to restrict a west-bound left turn from the site into
the neighborhood. The design proposed for this access is the most ideal situation for the
proposed clinic, existing hospital, and the neighborhood.
Mr. Hickok stated the hospital and clinic feel this access is an essential part of the proposal for
the new medical clinic office building. The reason it is essential for the access to be set-up in
this manner is because it eliminates the potential for vehicles to turn left into the neighborhood.
Constructing an additional entrance/exit to the site will also help to divide the traffic demand for
the site from the main hospital entrance and it will provide another access for emergency
vehicles to both the proposed clinic site and the existing hospital and professional building.
Mr. Hickok said staff analyzed whether it would be important to try to match up the new
entrance with 76th Avenue. Though in most situations, City staff would prefer to have the
driveways match up, in this case, staff thinks it is more important to have them staggered. The
situation keeps the east/west connection on the site. Leaving the proposed access point as
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 12
proposed would also help to keep potential motorists out of the neighborhood by eliminating the
option to cross Sth Street over to 76th Avenue, and then having them maneuver their way out of
the neighborhood.
Mr. Hickok said the City has heard from the Anoka County Highway Department, and they will
not be requiring additional right-of-way along Osborne Road. The County has articulated that
signalization will not be warranted at the Osborne Road/Sth Street intersection because it is too
close to the signal at University Avenue and Osborne Road. City staff has stipulated that the
petitioner meet any and all requirements set forth by the Anoka County Highway department.
Mr. Hickok stated the City Code requires that a five foot sidewalk easement be provided along
all property lines when the property is adjacent to a public right-of-way or across from
residential. The Council may allow the petitioner to delay installation of the sidewalk if the
petitioner signs an agreement that it will be constructed when the City requires the installation.
As a result, staff has stipulated that sidewalks be installed along Sth Street, Lyric Lane and
Madison Street and has developed a timeline for that installation.
Mr. Hickok said petitioner has illustrated that storm water management for the site will be
handled using a standard pond/surface drainage system that is proposed to be located south of the
new parking lot. It is also being designed to meet the watershed's requirements for rate, quality
and volume control.
Mr. Hickok said there was a concern from a neighbor about removing trees. The City does not t
have a tree preservation ordinance; however we are asking the petitioner to save as many trees as
possible without disturbing the root system. The land along Sth Street will be required to be
bermed to hide the new parking area and several new trees will be planted. City Code requires
the petitioner to plant 42 trees and they are proposing to plant 123 trees, going above what code
would require.
Mr. Hickok said there was also a concern regarding Sth Street. Osborne Road is a County Road.
Anoka County has stated that this intersection would remain un-signalized from their
perspective. They also point out that if Osborne Road is reconstructed in the future, it may
include a raised median, at which time, the Sth Street access may become a right-in/right-out
only. As a result, the County thinks it would be important to encourage and re-direct outbound
traffic to utilize the traffic signal at the main access versus encouraging traffic to gain access
from Sth Street.
Mr. Hickok said petitioner has articulated to staff that there is a legal description matter that is
currently being worked out. The Title Company is ensuring the City that completion of the clean
title work on the legal description will be done prior to final plat approval.
Mr. Hickok said at the November 18, 2009 Planning Commission meeting the Planning
Commission held a public hearing for PS #09-OS and SP #09-17. They unanimously
recommended approval with 19 stipulations. Staff recommends Council's approval of the
preliminary plat and special use permit with the following 19 stipulations:
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 13
1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be
filed upon final plat approval.
2. New cross parking agreements shall be established and filed between Fridley Medical
Center, Unity Hospital and the Unity Professional Building upon final plat approval.
3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building
permit for the proposed medical office clinic.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved
by City Staff prior to issuance of building permit.
8. The subj ect property shall be maintained free of any and all construction debris.
9. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. Monday
through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays.
10. No future additions/expansions on this site shall occur that would consume more land
area, without a strategic plan for structured parking.
11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement
between the hospital, professional building and new medical clinic building.
12. The petitioner shall provide 5 ft. easement and sidewalk along Sth Street, Lyric Lane, and
Madison Street. Design and placement shall be reviewed by the City's engineering staff.
[Staff recommends] Installation of Sth Street sidewalk in 2010 with proposed project,
installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in
2012.
13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
14. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
15. The petitioner shall obtain a permit from Anoka County for any work done within the
county right-of-way.
16. No signs shall be located within the County right-of-way. Any planting within the right-
of-way shall be approved by the County prior to planting.
17. Stormwater management maintenance agreement shall be filed with the City prior to
issuance of building permits.
18. The petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the proposed medical clinic or parking shall be marked and
approved by City staff prior to issuance of building permits.
19. The petitioner shall screen parking areas from the public right-of-way by a continuous
earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with
a combination of landscaping.
Mr. Hickok stated that the reason the development has Lots 1, 2 and 3, split into 2 lots (A&B),
is because some of the land to be replatted is Torrens property while other portions of it are
Abstract. Anoka County does not allow the combination of these different types of property
without first getting a Registration of Land Titles by District Court Order, which can be a
lengthy process. Instead, the petitioner is choosing to identify the lots with A and B, based on
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 14
whether it is Torrens property or Abstract property, which is acceptable to the Anoka County
Surveyor's office.
Mr. Hickok said hospitals and medical clinics are a permitted special use in an R-1, Single-
Family Zoning District. The medical office building is proposed to be located on Lots lA and
1B, which is 3.84 acres in size. The petitioner is proposing to construct a 60,000 square foot
medical clinic on this lot, with parking, and landscaping. Additional parking will be will located
on Lot 2B.
Councilmember Bolkcom asked why the sidewalks were not all being done at the same time.
Mr. Hickok said the current campus does not have sidewalks and they have never been platted.
The campus has existed for all those years with no sidewalks and are requesting installment in
phases and so they can be budgeted.
Councilmember Bolkcom asked for more details on the parking. She wanted to make sure
there is enough parking as there have been problems in the past with staff parking on street.
Mr. Hickok said the formula is outlined in the code and the proposed parking will be in excess
of code.
Councilmember Bolkcom asked about the traffic issue and what staff thinks the increase in
traffic would be.
Mr. Hickok responded that the traffic generated would be about 138 in the morning and 126 in
the evening.
Robert Foster, Attorney for Premier FMC, LLC, said this property is owned by the North
Suburban Hospital District. The Fridley Medical Center will acquire land where the new
building will be located. When this is done, North Suburban Hospital District will own the land
and add more parking. The entire parcel had to be re-platted which is the reason for sidewalks to
be phased in. It makes sense for the entire campus to be under one plat.
William Burns, City Manager, asked if there would be a tunnel.
Mr. Hickok answered no, but said that a skyway is in the works. They are still deciding when it
will be installed; now or later.
Mayor Lund asked if any response was heard from the neighbors.
Mr. Hickok answered yes; someone wanted to know how traffic would come through the area
on Fourth Street and someone who lives close on the west side was concerned about the loss of
trees and parking on that side. The developer has created a nice landscape plan with a new
sidewalk and more trees than what will be removed.
Mayor Lund asked if people were reasonably satisfied with the result.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 15
Mr. Hickok answered yes.
Jerry Mackelberg clarified that North Suburban Hospital District is owner of the property who
is selling and swapping land and the Fridley Medical Property will be owned by North Suburban
Hospital District, not Unity Hospital.
Mayor Lund asked if a building was coming down.
Mr. Mackelberg said there was an agreement to destroy the building and create parking and
landscape that is required by the City.
Councilmember Bolkcom asked about the time frame and when the work could start.
Mr. Hickok said that the permit is ready and the developer is ready.
Mayor Lund asked if the applicants and petitioners were okay with the stipulations.
Mr. Foster answered yes. The stipulations are acceptable to the developer.
MOTION by Councilmember Saefke to approve Preliminary Plat Request, P.S. #09-05, and
Special Use Permit Request, SP #09-17, by Premier FMC, LLC, on Behalf of Unity Hospital
with the following 19 stipulations:
1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be
filed upon final plat approval.
2. New cross parking agreements shall be established and filed between Fridley Medical
Center, Unity Hospital and the Unity Professional Building upon final plat approval.
3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building
permit for the proposed medical office clinic.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved
by City Staff prior to issuance of building permit.
8. The subj ect property shall be maintained free of any and all construction debris.
9. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. Monday
through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays.
10. No future additions/expansions on this site shall occur that would consume more land
area, without a strategic plan for structured parking.
11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement
between the hospital, professional building and new medical clinic building.
12. The petitioner shall provide 5 ft. easement and sidewalk along Sth Street, Lyric Lane, and
Madison Street. Design and placement shall be reviewed by the City's engineering staff.
[Staff recommends] Installation of Sth Street sidewalk in 2010 with proposed project,
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 16
installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in
2012.
13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
14. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
15. The petitioner shall obtain a permit from Anoka County for any work done within the
county right-of-way.
16. No signs shall be located within the County right-of-way. Any planting within the right-
of-way shall be approved by the County prior to planting.
17. Stormwater management maintenance agreement shall be filed with the City prior to
issuance of building permits.
18. The petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the proposed medical clinic or parking shall be marked and
approved by City staff prior to issuance of building permits.
19. The petitioner shall screen parking areas from the public right-of-way by a continuous
earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with
a combination of landscaping.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Motion by Councilmember Saefke to adopt Resolution No. 2009-73. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Resolution Approving Recycling Service Fees.
Scott Hickok, Community Development Director, said the increase would affect the service fee
charged to all single through 12-unit residential buildings serviced by the City's residential
recycling service contract. The proposal is an annual increase based on CPI. The quarterly rates
would be raised from $6.78 to $7.04 per dwelling effective with the first utility billing of 2010.
Councilmember Bolkcom asked for clarification on the rates.
Mr. Hickok said the cost of service is only partially paid by the fee itself so the $7.04 is from
collection and the rest is subsidized.
Councilmember Bolkcom said staff is proposing to increase fees because it is costing more to
provide this service to the community. The total cost is $7.95 per household and the City is only
charging $7.04.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 17
Mr. Hickok said that is correct.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-74. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Councilmember Bolkcom asked when the new charges would go into effect.
Mr. Hickok said it will be applied to the first utility bill in 2010.
15. Resolution Providing for Sewer Structure and Rate Change.
Richard Pribyl, Finance Director, said as part of the 2010 budget-setting process, staff and
Council review the operations of each of the utility funds. The Sanitary Sewer Fund, upon
review of the 5-year pro forma will incur a operating loss without a 9.5% increase in rates.
Mr. Pribyl said staff has provided this information as part of the 2010 budgeting process. This
information was provided during the Public Meeting that was conducted on December 7. The
9.5% increase is needed in order for the utility to break even.
Mr. Pribyl said the Metropolitan Council Environmental Services portion of the Budget
represents approximately 77% of the budget. The cost estimate provided to us for the operation
for 2010 increased by 9.8% due to the cost and flow increase. The proposed increase would
change the charges as follows:
Fixed Charge From $7.12/Quarter to $7.75/Quarter
Volume Charge From $3.01/1,000 gallons to $3.30/1,000 gallons
Mr. Pribyl said staff recommends that Council pass the resolution increasing the sanitary sewer
fixed and volume related charges for 2010 effective with the first billing in January.
Councilmember Bolkcom asked if the increase is related to disposal costs which we have no
control.
Mr. Pribyl said correct.
Councilmember Bolkcom asked how staff came up with the water usage numbers.
Mr. Pribyl said the numbers are based on the winter quarter water charge or consumption which
sets up the charge for the following quarters.
Councilmember Bolkcom asked if staff was aware of any community that does anything
different from Fridley.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 18
Mr. Pribyl said no.
Mayor Lund noted there are no changes in storm water utility. He asked if that program is self-
sufficient or if the City has lost on that program as well.
Mr. Pribyl said in 2010 the City should break even with the current rates.
MOTION by Councilmember Saefke to adopt Resolution No. 2009-75. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
16. Resolution Providing for Water Structure and Rate Change.
Richard Pribyl, Finance Director, stated as part of the 2010 budget-setting process, staff and
Council review the operations of each of the utility funds. The Water Fund, upon review of the 5
year pro forma will incur an operating loss without a 5% increase in rates.
Mr. Pribyl said staff has provided this information as part of the 2010 budgeting process. This
information was provided during the Public Meeting conducted on December 7. The 5%
increase is needed in order for the utility to break even. Staff recommends Council's approval.
Councilmember Bolkcom asked if we would be in compliance with statute.
Mr. Pribyl answered yes. The City is in compliance with the state statute. Fridley is one of the
first cities in the new rate structure.
MOTION by Councilmember Saefke to adopt Resolution No. 2009-76. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
1. Approve Joint Powers Agreement between the City of Fridley and County of Anoka for
the Intersection Improvements at East River Road and 61st Avenue N.E. (Ward 3)
Councilmember Bolkcom was concerned about the cost because we are close to the total
number and wondered if there would be another change order in January for more funds.
Jim Kosluchar, Public Works Director, said the County advised there were no major change
orders anticipated. There is extra money in the MSA account to cover this proj ect.
Councilmember Barnette asked who pays for the operation of the signal.
Mr. Kosluchar said there would be no change to the maintenance agreement.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 19
MOTION by Councilmember Bolkcom to approve the Joint Powers Agreement between the
City of Fridley and County of Anoka for the Intersection Improvements at East River Road and
61st Avenue N.E. (Ward 3). Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Resolution of Support for High Speed Broadband Connectivity in Anoka County.
Councilmember Bolkcom asked what the key business locations were.
Scott Hickok, Community Development Director, said that all businesses were considered key.
Councilmember Bolkcom asked for clarification about the unserved and underserved.
William Burns, City Manager, said that would include the rural areas of the county.
Councilmember Varichak noted Commissioner Kordiak and Commissioner West are in favor
of this but did not have any set or real definite information to share.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-69. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
17. Informal Status Reports.
Councilmember Varichak congratulated four new firefighters who were sworn in tonight.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:50
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
PLANNING COMMISSION MEETING
December 16, 2009
Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Approval of Minutes:
Dean Saba, David Kondrick, Leroy Oquist, Brad Dunham, and
Brad Sielaff
Jack Velin and Marcy Sibell
Stacy Stromberg, City Planner
Steve and Sue Schmit, 92 — 43rd Avenue NE
Bruce Hoscher, 25 — 44th Avenue NE,
November 18, 2009
MOTION by Commissioner Saba to approve the minutes as presented. Seconded by
Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1.
2.
PUBLIC HEARING:
Consideration of a Text Amendment, TA #09-02, by Schmit Towing, Inc., to add
language to the M-1, Light Industrial Zoning District Code, that would allow towing
services by a special use permit, generally located at 92 — 43rd Avenue NE.
PUBLIC HEARING:
Consideration of Special Use Permit, SP #09-19, by Schmit Towing, Inc., to allow a
towing service business in an M-1, Light Industrial Zoning District, generally
located at 92 — 43rd Avenue NE.
MOTION by Commissioner Sielaff to open the public hearings. Seconded by Commissioner
Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DELCARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARINGS WERE OPENED AT 7:04 P.M.
Stacy Stromberg, City Planner, stated the petitioner, Ms. Schmit, is seeking a text amendment
to add language to the M-1, Light Industrial zoning district that would allow towing services by
issuance of a special use permit.
1
Ms. Stromberg stated in addition, the petitioner is requesting a special use permit to allow a
towing service business in the M-1, Light Industrial zoning district, located at 92 - 43rd Avenue.
Ms. Stromberg stated the subject property is located on 43rd Avenue, west of Main Street. The
property is zoned M-1, Light Industrial. The properties north, west and east also have an
industrial zoning, and the property to the south is zoned R-1, Single Family. The Single Family
property is vacant land that is owned by Burlington Northern Santa Fe.
Ms. Stromberg stated the subject property is 1.99 acres is size and was developed in 1963, with
the construction of the 8,234 square foot building. In 1982, a shed was constructed on the
property. In 1989, a special use permit was issued to a landscape business to allow the outdoor
storage of landscape materials and construction vehicles.
Ms. Stromberg stated Schmit Towing has been operating a towing service business out of the
subj ect property since 2006. They primarily tow and transport vehicles for dealerships,
municipalities, and the general public. According to the petitioner, "Ninety percent of our
business is towing and transporting vehicles off site, not to our site. Occasionally it is necessary
to keep said vehicles on our lot for a limited period of time; however, most vehicles are gone
within 48 hours. A few times a year, a vehicle may be on site for up to 45 days at the most. We
do not perform junk yard service, nor do we dispose of vehicles on our property. Vehicles are
picked up by the owner, picked up or towed for an insurance company, or towed to an
appropriate disposal facility."
Ms. Stromberg stated it recently came to the City's attention that this type of business is not
allowed in an M-1, Light Industrial zoning district. As a result, the petitioner is seeking the
proposed text amendment and special use permit.
Ms. Stromberg stated the petitioner is requesting a text amendment to add language to the M-1,
Light Industrial zoning district, which would allow "towing services" by a special use permit.
The City currently does not allow this exact use in any of the zoning districts within the City.
The City code does however allow junkyards, repair garages, service stations, and other intense
types of industrial uses within our industrial districts with a special use permit. In that regard, a
towing service business would be much less intense and have very little impact when compared
to some of the other types of uses allowed in our industrial districts.
Ms. Stromberg stated the Future Land Use Map in the City's Comprehensive Plan guides the
subject property and the surrounding properties as redevelopment. Although this area is guided
as redevelopment, it is intended that the properties involved in the redevelopment district would
remain industrial. The purpose of including it within redevelopment area was intended to
suggest that there is a need for updating of many of our industrial properties in this area.
Industrial uses typically involve wholesaling, warehousing, manufacturing, construction, or
service uses. While the proposed use is not as intensive as many industrial uses that could be
permitted in this zoning district, the proposed use would fit best within an industrial district.
Ms. Stromberg stated the petitioner business is located at 92 - 43rd Avenue, which is zoned M-1,
Light Industrial. Of particular importance when considering a text amendment is determining if
the proposed use would be consistent with the purpose and intent of the zoning district in which
it would become allowable, and whether or not the proposed use would be compatible with other
permitted or special uses allowed within the district. As stated above, there are much more
intense type uses that are allowed within the M-1 zoning district, with a special use permit.
Based on the businesses surrounding the existing business, it seems very reasonable that this type
of use would exist without causing disruption to the neighboring properties.
Ms. Stromberg stated staff finds that a towing service use, where the businesses principal use is
to tow, impound and store motor vehicles would be consistent with the purpose and intent of the
M-1 zoning district, provided specific conditions are met. Staff has drafted an ordinance that
would allow a towing service use contingent upon approval of a special use permit provided the
following conditions are met:
(a) The storage aspect of said towing service operation shall be secondary, in terms of
use, to a principal building that houses a towing office, repair/maintenance facility
for towing fleet, and an interior storage area for a portion of the impounded
collection of vehicles.
(b) The towing service site shall be located on a street with traffic volumes of less
than 1,500 ADT (average daily trips).
(c) No storage of impounded or other vehicles associated with towing service
business shall be parked on street(s) adj acent to towing service facility.
(d) All storage shall be located in the side or rear yard of the towing service facility
(e) All areas where vehicles are to be driven, towed or parked shall be surfaced with
either asphalt or concrete and those parking areas shall have concrete curb and
gutter of B6-12 standard or a suitable alternative, approved by the City Engineer,
surrounding their perimeter.
(� Areas where stored vehicles are intended to be parked shall be fenced, screened
and adequately lit from sunset to sunrise for security purposes. Lighting shall only
include shielded downcast fixtures.
(g) Parking stalls intended for storage of towed vehicles and towing truck fleet shall
be separated from those required by Code for customers and employees.
Employee and customer stalls can be in the side yard or front yard, but shall not
be within the fenced area intended for towed or impounded vehicles, or the
towing fleet.
(h) No intercom system shall be used in the open yard area if site is directly adjacent
to residentially zoned property.
(i) No crushing, dismantling, or salvage of vehicles shall occur on the subj ect
property.
(j) All towing operations whose storage yard is within 250 feet of a residential
dwelling at the time of issuance of the special use permit, shall be required to
have limited hours of yard operation, similar to the City's hours of power tool use
and construction, which are: 7:00 a.m. to 9:00 p.m. Monday through Friday,
9:00 a.m.to 7:00 p.m. Saturday.
(k) Towing services shall not be located within a multi-tenant industrial complex.
Ms. Stromberg stated staff has determined that the above-mentioned conditions are necessary
for the proposed use to meet the purpose and intent of the comprehensive plan and zoning
ordinance. The storage aspect of the towing service operation being secondary to the principal
building and business operation is very important as it requires that the primary portion of the
business takes place within the building and as a result the property does not become overcome
with vehicle storage. Storage of the vehicles in the side or rear yard is consistent with what we
require of all of our industrial properties. Requiring a condition that will not allow crushing,
dismantling, or salvage of vehicles to take place on the site, ensures the City that this property
will not become a salvage yard.
Ms. Stromberg stated contingent upon the approval of the text amendment to allow a"towing
service" as a special use in the M-1, Light Industrial zoning district, the petitioner is also seeking
a special use permit to allow this type of use to be conforming and located at 92 - 43rd Avenue.
The existing property is 86,525 square feet (1.99 acres) and the existing building is 8,234 square
feet. Since the petitioner purchased the property in 2006, they have made many improvements to
the site. They received a land alteration permit to pave, curb and gutter a portion of the rear of
the lot to allow proper vehicle storage. They also removed debris that was left from the previous
owner, painted the building and installed new signage. The interior of the building is used for
office space, light vehicle maintenance, and storage of vehicles.
Ms. Stromberg stated as part of the approval of the special use permit, the petitioner needs to
meet the conditions set forth in the proposed ordinance language. Staff has determined that the
petitioner's request meets the standards that are noted below, and how they plan to meet those
conditions is highlighted below in italics and bold.
(a) The storage aspect of said towing service operation shall be secondary, in terms of
use, to a principal building that houses a towing office, repair/maintenance facility
for towing fleet, and an interior storage area for a portion of the impounded
collection of vehicles. The existing building is used for office (dispatch),
storage of vehicles, and for light maintenance of the towing vehicles. The
storage of the towed vehicles is considered secondary to the principal use
(building) of the property.
(b) The towing service site shall be located on a street with traffic volumes of less
than 1,500 ADT (average daily trips). 43YdAvenue only averages approximately
900 trips per day. The reason for this condition is that allowing this type of use
on a road that has limited daily trips, eliminates the potential for vehicle conflict
between typical traffic and large commercial towing vehicles. Towing certain
vehicles may require maneuvering in the street that could disrupt normal
vehicle traffic.
(c) No storage of impounded or other vehicles associated with towing service
business shall be parked on street(s) adjacent to towing service facility. The
petitioner has stated that they currently do not allow vehicles of any type to be
parked on the street, so they have no problem complying with this condition.
This would be monitored yearly by staff.
(d) All storage shall be located in the side or rear yard of the towing service facility.
Storage of towed vehicles is already being done in the side or rear yarc� The
business trailers that are currently in the front parking lot will be moved to the
rear yard.
(e) All areas where vehicles are to be driven, towed or parked shall be surfaced with
either asphalt or concrete and those parking areas shall have concrete curb and
gutter of B6-12 standard or a suitable alternative, approved by the City Engineer,
surrounding their perimeter. Already completed on this site.
(� Areas where stored vehicles are intended to be parked shall be fenced, screened
and adequately lit from sunset to sunrise for security purposes. Lighting shall only
include shielded downcast fixtures. The area where vehicles are currently being
stored in already fenced in. The petitioner does plan to add an additional fence
this spring between the east side of the building and the east property line, for
additional security purposes. The site is screened through the use of existing
landscaping. Existing lighting on the site is shielded with downcast fixtures.
(g) Parking stalls intended for storage of towed vehicles and towing truck fleet shall
be separated from those required by Code for customers and employees.
Employee and customer stalls can be in the side yard or front yard, but shall not
be within the fenced area intended for towed or impounded vehicles, or the
towing fleet The site meets code requirements for parking and the rest of this
condition is already being mez
(h) No intercom system shall be used in the open yard area if site is directly adjacent
to residentially zoned property. Petitioner has read and agrees with this
condition.
(i) No crushing, dismantling, or salvage of vehicles shall occur on the subject
property. This is something that the petitioner is totally agreeable to, but will be
required to be monitored by staff yearly.
(j) All towing operations whose storage yard is within 250 feet of a residential
dwelling at the time of issuance of the special use permit, shall be required to
have limited hours of yard operation, similar to the City's hours of power tool use
and construction, which are: 7:00 a.m. to 9:00 p.m. Monday through Friday,
9:00 a.m.to 7:00 p.m. Saturday. The nearest residential property is 660 feet from
the subject property.
(k) Towing services shall not be located within a multi-tenant industrial complex.
The subject property has a free-standing building.
Ms. Stromberg stated while conducting an on-site inspection, staff noticed that the petitioner's
free-standing sign appears to be within the public right-of-way. The petitioner articulated to staff
that their property line actually extends into the street. The petitioner has agreed to verify the
existing sign location and submit a sign permit application for the sign.
Ms. Stromberg stated staff also reviewed the site to ensure that parking demands will be met as
well as landscaping requirements. Based on the breakdown of uses within the building, 2.5
parking stalls is required based on 636 square feet of office space, 2.6 stalls is required based on
1,072 square feet of maintenance space, and 3.2 stalls is required based on 6,526 square feet of
storage space. As a result, code requires 8 parking stalls. The petitioner has 12 parking stalls
dedicated for employees and customers, which meets code requirements. The existing site has
several large mature trees, which not only provide a nice screening feature, but also add to the
aesthetics of the site. The large coniferous and deciduous trees on the site and the wooded open
area in the rear of the lot, allow the property to meet the code required landscaping requirements.
Ms. Stromberg stated city staff has not heard any comments from neighboring property owners.
Ms. Stromberg stated city staff recommends approval of the text amendment.
• Use is consistent with the purpose and intent of the M-1 zoning code.
• Use is compatible with other uses permitted with a special use permit in this district.
Ms. Stromberg stated City Staff recommends approval of the special use permit, with
stipulations.
Ms. Stromberg stated staff recommends that if this special use permit is granted, the following
stipulations be attached.
1. The petitioner shall comply with all the conditions set forth within the M-1 zoning
district code standards for a towing service business.
2. The petitioner shall verify free-standing sign location, ensuring that it's 10 ft.
from the property line and obtain a sign permit for the existing sign.
Commissioner Sielaff stated this business located in Fridley in 2006. Why is this coming before
them three years later?
Ms. Stromberg replied, it recently just came to the City's attention that they were operating as a
towing business out of this property. Staff was not aware of it prior to now.
Chairperson Kondrick asked Ms. Schmit if she understands the conditions and stipulations?
Sue Schmit, Schmit Towing, replied, absolutely.
Chairperson Kondrick asked whether she had any problems with them?
Ms. Schmit replied, no.
Commissioner Saba stated it seems pretty straightforward.
Commissioner Dunham asked whether there is a timeframe on the sign issue?
Ms. Stromberg replied, they could give them 30 days.
Commissioner Dunham asked Ms. Schmit if that was enough?
Ms. Schmit replied, that is plenty, yes. Their understanding is that their property line goes out
from their fence 35 feet into the street and the sign is right by the fence, but they have no
problem going for the sign permit.
Commissioner Sielaff asked when they bought the property is there something that tips off the
City at all that something is going in on this site that would not conform to M-1 zoning?
Ms. Schmit replied before they purchased the property, they came to the City and delved into the
background of the property and there was a special use permit on the property. Their
understanding was that special use permit would cover what they were doing. They came in
under the assumption that special use permit followed the property, not the owner. It just came
to City staff's attention in the past couple months that the special use permit previously issued
did not cover what they do there. Also, they had worked with the City Engineer to get the
paving and the guttering down because the prior people who had gotten the special use permit
did not follow what they were told to do. So when they saw what was required, they met with
the City Engineer and they went and followed everything on that special use permit, and then
they discovered that it really did not apply to them and that is why they are here.
Bruce Hoscher, 25 — 44th Avenue NE, stated he is the manager of the General Mills Plant. He
had a couple of concerns. He asked whether if the property line is in the middle of the street or
somewhere in the street does that permit vehicles to be loaded or offloaded by towing or flatbed
trucks in the street? There is a certain amount of access that General Mills needs down that
street from an emergency vehicle standpoint. He just wants to make sure that if there is loading
or offloading in the street that they could not block the entire street. They have access to the
General Mills property off that street. They do not currently use it, but it is there and some day
they possibly could.
Ms. Stromberg replied, ideally, staff would prefer if all loading and offloading of vehicles
would happen within the petitioner's parking lot. However, staff does understand that at times
they may need to offload in the street. That is why staff has placed one condition on the special
use permit that relates to the amount of trips the road has per day. We would not want this type
of business on a street that has a lot of trips per day because then it could impact just regular
vehicle traffic. However, the petitioner may be able to better help answer that question as far as
how often they have to unload into the street. They do have a fairly large parking lot that should
provide the adequate space needed to off-load and turn trucks around.
Commissioner Oquist stated they can unload but they cannot park That is one of the
conditions is that they cannot store or park on the street. Therefore, if they unload it they have to
get it off the street right away.
Ms. Stromberg replied, that is right.
Ms. Schmit stated that would very rarely ever happen. They do have a company that they do a
long distance transport service with where they either pick up cars from them, running vehicles,
dropping off vehicles to them, such as corporate transfers or hot rods that have bought/sold on
eBay. They come and pull up on their side of the street, not in the street but on the side; and they
offload the vehicles, drive them in, and then they load the vehicles and drive them back At no
time have they ever blocked any part of the street or inhibited traffic in any way.
Chairperson Kondrick stated Mr. Hoscher was concerned that if they needed to have an
ambulance come by or if a fire truck had to get by, is there enough room for a fire truck or
ambulance to get by without any hassle?
Ms. Schmit replied, plenty of room. The vehicle that would be loading or unloading would be
way over on the shoulder of the street. If they were in on the actual driving part, it would be by a
very small amount.
Ms. Stromberg stated as to the property line, the street is the street despite the fact that their
property line goes into the street. There is an easement on that portion that is for right-of-
way/road purposes. That portion of their property is used for the street. They cannot just block
it off because it is their property.
Commissioner Sielaff asked the petitioner if she could give him an idea of what "not very
often" means?
Ms. Schmit replied, sometimes it would be once a day, sometimes maybe three times a week.
Mr. Hoscher asked regarding the hours of operation, they are a 24-hour operation so if they
come in from out of state, for example, before Schmit Towing opening hours, could they in fact
be in the road for extended periods of time until they open?
Ms. Schmit replied, no. If they are coming in after the time that somebody is on site, we have an
on-call driver who is notified immediately; and he comes and works with the driver to bring the
cars in. They are never parked there for no longer than the period it would take the driver to get
from where he is to the shop to help unload.
MOTION by Commissioner Saba to close the public hearings. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DELCARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARINGS WERE CLOSED AT 7:28 P.M.
MOTION by Commissioner Saba approving Text Amendment, TA #09-02, by Schmit Towing,
Inc., to add language to the M-1, Light Industrial Zoning District Code, that would allow towing
services by a special use permit, generally located at 92 — 43rd Avenue NE.
Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Commissioner Sielaff approving Special Use Permit, SP #09-19, by Schmit
Towing, Inc., to allow a towing service business in an M-1, Light Industrial Zoning District,
generally located at 92 — 43rd Avenue NE with the following stipulations:
1. The petitioner shall comply with all the conditions set forth within the M-1 zoning
district code standards for a towing service business.
2. The petitioner shall verify free-standing sign location, ensuring that it is 10 feet
from the property line and obtain a sign permit for the existing sign.
Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
3. PUBLIC HEARING
Consideration of a Text Amendment, TA #09-04, by the City of Fridley, to consider
amendments to the General Business C-2 and General Shopping C-3 zoning districts to
clarify uses permitted and screening requirements in commercial districts.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DELCARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 7:31 P.M.
Ms. Stromberg stated over the past several years, staff has noticed various text corrections that
are needed in the C-2, General Business District, and the C-3, General Shopping Center District.
These corrections are needed to remove antiquated terms, to clarify the intent of certain sections,
and to remove some text that was missed in a previous text amendment. Rather than place all of
these minor changes in individual text amendments that would have their own separate public
hearing, staff has placed all of the text amendments in one ordinance with seven sections.
Ms. Stromberg stated the text change to the C-2, General Business District, zoning code text
replaces the outdated term of lodges with fraternal organizations. The term lodges was never
defined in the definitions section of the zoning code but fraternal organizations is, so it is a
better term to use when referring to organizations like the Knights of Columbus or the Lions
Club. (Section 1)
Ms. Stromberg stated Minnesota Statute 340A.601, subdivision 5, does not permit cities like
Fridley with municipal liquor to license bars or taverns, so we are not sure how these terms made
their way into Fridley's zoning code. Since we are making other corrections, staff thought it best
to make the correction to remove the terms at this time. (Section 2)
Ms. Stromberg stated it recently came to staff's attention that the exterior storage language in
the C-2 zoning code section did not read correctly. Staff concluded that the word or was missing
from the second paragraph of that section of code. This wording is consistent with how staff has
been interpreting the section for years. (Section 3)
Ms. Stromberg stated another correction needed in the C-2, General Business District, zoning
code language is in the screening requirements for businesses. In 1999, a text amendment was
approved by the City, which limited where merchandise could be displayed for sale outdoors at
automotive service stations. This change was made in the special use permit section of the C-2
and C-3 code, but a change also needed to be completed in the screening sections of the zoning
code to be consistent as the 1999 text amendment eliminated the ability to store merchandise at
the service pumps. Also, the words except where were included in the C-3 code, but not in the
C-2 code. Staff is recommending making these two sections consistent. (Section 4)
Ms. Stromberg stated in the Principal Permitted Uses section of the C-3, General Shopping
Center Zoning District, clarification is needed. The way this section currently reads is not the
intent of the code. The way it currently reads, only a laundry or a dry cleaning business would
be allowed as a stand-alone business on a C-3 parcel. The only other business allowed would be
a sexually-oriented business and then only if it was part of a cluster of 3 businesses that require
at least 100 parking spaces. This, of course, is not the intent of the code. Simply adding the
words one of in paragraph 2 will correct the text and make it read as intended. (Section 5)
Ms. Stromberg stated in addition, since the City approved a reduction in commercial parking
requirements a few years ago, the minimum 100 parking space line is outdated. After running
various calculations on possible development scenarios on a 35,000 (minimum lot size in C-3)
square foot lot, staff found 50 parking spaces was a reasonable minimum number. (Section 5)
Ms. Stromberg stated the next change keeps the C-3 permitted uses by special use permit code
language consistent with the C-2 permitted uses. See the explanation above in Section 2.
(Section 6)
Ms. Stromberg stated, finally, the last change is to keep the C-3 screening requirements
consistent with the same section in the C-2 code, as originally intended. (Section 7)
Ms. Stromberg stated staff has not received any calls or questions regarding this text
amendment from the public to date.
Ms. Stromberg stated staff recommends approval of this staff-initiated text amendment, TA#09-
04, which is listed in our 2009 Planning Division Goals and Objectives. The amendment would
clarify incorrect language in the Code, which is critical now that the Code is viewed online by
the public on a regular basis.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner
Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DELCARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 7:38 P.M.
MOTION by Commissioner Oquist approving Text Amendment, TA #09-04, by the City of
Fridley, to consider amendments to the General Business C-2 and General Shopping C-3 zoning
districts to clarify uses permitted and screening requirements in commercial districts. Seconded
by Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
4. Receive the Minutes of the October 13, 2009, Environmental Quality & Energy
Commission Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
5. Receive the Minutes of the November 5, 2009, Housing & Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
6. Receive the Minutes of the November 2, 2009, Parks & Recreation Commission
Meeting.
MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg presented the 2009, Year in Review. They had 19 special use permits, 1
rezoning, 3 text amendments, 5 plats, 1 street and alley vacation, and 1 master plan amendment.
Regarding whether this was normal workload when comparing it to 2007 and 2008, they actually
had quite a bit land use items than the previous 2 years. We had 29 land use applications this
year, compared to 13 in 2008 and 19 in 2007. She thinks that is mainly related in the increase in
special use permits related for outdoor storage for industrial properties.
Ms. Stromberg presented a couple of examples. Electronic signs were approved for Walgreens,
SuperAmerica on Highway 65, and the Riverboat Gas Station on East River Road. We also
approved special use permits to allow expansions of an existing use at Totino-Grace High School
and there was also the Unity Hospital/Fridley Medical Center special use permit for the new
building. We saw 7 special use permits for outdoor storage. A special use permit for an
automobile repair at 7570 Highway 65, and the Columbia Arena site for the senior living and the
Fridley Medical Center on that site. Also, a special use permit for an auto recycling yard at
AABCO.
Ms. Stromberg stated regarding rezoning and text amendments, they saw the rezoning of the
Columbia Arena from Industrial to Multi-Family which still holds as it did get approved. Also,
there were several te�t amendments by the City of Fridley and the Schmit Towing one tonight.
Also, there were plats for Select Senior Living on the southeast corner of Central and
Mississippi, for the Columbia Arena Site, City of Fridley for Northstar, Dahlke Trailer Sales to
split a piece of land to sell, and Fridley Medical Center and Unity Hospital.
Ms. Stromberg stated she would like to thank the Planning Commission for all their hard work
in 20009.
ADJOURN
MOTION by Commission Saba adjourning the meeting. Seconded by Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING
ADJOURNED AT 7:45 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 4, 2010
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
January 4, 2010
2010 Load Limit Designation
PW10-001
Attached is a resolution establishing the winter/spring load limits for the City Streets in
Fridley.
We receive annual approval from the City Council to publish winter/spring load limits for
City Streets. This allows us to place the notice in the newspaper at an appropriate time
based upon the spring thaw. Load limits stay in effect until the Anoka County Highway
Department informs us of them raising the limits on County roads in Fridley.
To facilitate the notification process, recommend the City Council adopt the attached load
limit resolution for 2010.
JPK:jk
Attachment
RESOLUTION NO. 2010 —
RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS
IN THE CITY OF FRIDLEY, MINNESOTA
BE IT RESOLVED by the City Council of the City of Fridley as follows:
A. That pursuant to Chapter 503, City Code of Fridley, Minnesota, 1978 that commencing on the
date ordered by the State of Minnesota Commissioner of Transportation, and continuing until the
15th day of May, 2010, unless sooner terminated or thereafter continued, no vehicle shall be
driven or operated upon any street or in the City under jurisdiction of the City where the weight
of such vehicle exceeds:
4 TON PER AXLE
B. The above restriction shall not apply, but shall instead be limited to
9 TON PER AXLE
with respect to the following named streets, to-wit:
STREET
31d Street
31d Street
3�d Street
4�` Street
5�` Street
5�` Street
5�` Street
5�` Street
6�` Street
7�` Street
40'h Avenue
45�` Avenue
51 st W ay
52nd Avenue
52nd Way
531d Avenue
531d Avenue
531d Way
54�` Avenue
57�` Avenue
57 'h Avenue
57�` Place
58�` Avenue
58�` Avenue
58 'h Avenue
60�` Avenue
61 st Avenue
FROM
45�` Avenue
49�` Avenue
Mississippi Street
57�` Avenue
57'h Avenue
61 st Avenue
57'h Avenue
61 st Avenue
67�` Avenue
53rd Avenue
Main Street
Main Street
East River Road
Taylor Street
Ashton Avenue
Main Street
Matterhorn Drive
E. River Road Ser. Dr.
7�` Street
T.H. #47
University E. Service Rd
7�` Street
7�` Street
Jackson Street
West of Monroe Street
4�` Street
Starlite Boulevard
TO
46�` Avenue
531d Avenue
Satellite Lane
61st Avenue
60�` Avenue
Mississippi Street
60�` Avenue
631d Avenue
Rice Creek Terrace
67th Avenue
California Street
University Avenue
Industrial Blvd.
Buchanan Street
Industrial Boulevard
Cheri Lane
Fillmore Street
Industrial Boulevard
Madison Street
Quincy Street
6�` Street
Jefferson Street
Jefferson Street
West Moore Lake Drive
Monroe Street
5�` Street
West Moore Lake Drive
Resolution No. 2010-
STREET FROM TO
61 st Avenue
631d Avenue
631d Avenue
631d Avenue
64�` Avenue
64�` Avenue
65 'h Way
66�` Avenue
66�` Avenue
66�` Way
66'h Way
67th Avenue
67�` Avenue
67�` Way
68�` Avenue
68�` Avenue
68�` Place
69�` Avenue
69�` Avenue
69�` Place
71-1/2 Way
71 st Avenue
72na Avenue
731d Avenue
731d North Service Drive
74�` Avenue
75�` Avenue
75�` Way
76�` Way
77�` Avenue
78�` Avenue
79�` Avenue
79�` Way
81 st Avenue
831d Avenue
Able Street
Able Street
Alden Way
Alley E of Beech Street
Arthur Street
Arthur Street
University Avenue
5�` Street
T.H. #47 E. Service Dr.
Quincy Street
Arthur Street
Jackson Street
Hickory Street
Arthur Street
Jackson Street
Hickory Street
Rice Creek Way
Brookview Drive
Monroe Street
Rice Creek Way
Brookview Drive
T.H. #65 E. Service Dr
Lucia Lane
Central Avenue
145 feet W of Rice Creek Blvd
Rice Creek Boulevard
200' west of Alden Cr
T.H. #47 E. Service Dr.
T.H. #65
Commerce Circle West
University Ave East Serv Drive
University Ave East Serv Drive
Central Avenue
Osborne Way
Alden Way
East River Road
E. Burlington Na R/W
E. Burlington No. R/W
W. Burlington No. R/W
Hickory Street
Main Street
West Moore Lake Drive
Overton Street
79�` Avenue
78�` Avenue
Camelot Lane
North Danube Road
7�` Street
7�` Street
Monroe Street
Jackson Street
Central Avenue
Van Buren Street
Ashton Avenue
609 Ft West
Able Street
Ashton Avenue
Ashton Avenue
West end cul-de-sac
Quincy Street
Ashton Avenue
Monroe Street
Channel Road
TH65 East Service Drive
East City Limits
University W. Service Drive
69�` Avenue
to cul-de-sac
Park Entrance
Central Avenue
Central Avenue
Able Street
Lyric Lane
Stinson Boulevard
Alden Way
East to cul-de-sac
Ranchers Road
Main Street
T.H. #47
Riverview Terrace
T.H. #47
T.H. #47
66�` Avenue
Rice Creek Terrace
75�` Way
79�` Avenue
Mississippi Street
400 feet north
Page 2 of 7
Resolution No. 2010-
STREET FROM TO
Ashton Avenue
Ashton Avenue
Ashton Avenue
Ashton Avenue
Baker Street
Ballet Boulevard
Beech Street
Bellaire Way
Bellaire Way
Benjamin Street
Bennett Drive
Berne Road
Broad Avenue
Brookview Drive
Buchanan Street
Buffalo Street
California Street
Camelot Lane
Carrie Lane
Channel Road
Cheri Lane
Cheri Lane
Cheri Circle
Cheryl Street
Chesney Way
Commerce Circle East
Commerce Circle South
Commerce Circle West
Commerce Lane
Concerto Curve
Craig Way
Craigbrook Way
Creek Park Lane
Dover Street
Dover Street
East Danube Road
East Moore Lake Drive
East River Rd. Serv. Dr.
East River Rd. Serv. Dr.
East River Rd. Serv. Dr.
Elm Street
52nd Way
65 'h Way
79�` Avenue
Hickory Drive
731d Avenue
Lyric Lane
77�` Avenue
Alden Way
Alden Way
Gardena Avenue
Quincy Street
Windemere Drive
Buffalo Street
Mississippi Street
531d Avenue
Riverview Terrace
40'h Avenue
Squire Drive
Quincy Street
68�` Avenue
531d Avenue
7�` Street
Cheri Lane
Riverview Terrace
East River Road
731d Avenue
Commerce Circle East
Commerce Circle South
731d Avenue
731d Avenue
East River Road
Alden Way
Central Avenue
Ely Street
Riverview Terrace
Matterhorn Drive
T.H. #65
S1stWay
57th Way
79�` Way
77�` Avenue
Industrial Blvd.
Rice Creek Way
Ironton Street
Ashton Ave
Osborne Road
Memory Lane
81 st Avenue
Park Property
Pearson Way
Rice Creek Road
Jackson Street
Berne Cir east cul-de-sac
Lafayette Street
Rice Creek Terrace
To Columbia Hgts Border
Broad Avenue
South Terminus
Arthur Street
Jackson Street
North Terminus
Fillmore Street
East Terminus
South Terminus
Broad Avenue
355 feet West
Commerce Circle South
Commerce Circle West
731d Avenue
Osborne Road
Ballet Boulevard
Cul-de-sac
East River Road
Arthur Street
West end of cul-de-sac
Broad Avenue
N.Innsbruck Dr.
Central Avenue
N. to Cul-de-Sac
N. of 57th Way
Liberty Street
79�` Avenue
Page 3 of 7
Resolution No. 2010-
STREET FROM TO
Ely Street
Ely Street
Fairmont Circle
Fairmont Street
Fillmore Street
Fillmore Street
Firwood Way
Fireside Drive
Gardena Avenue
Gardena Circle
Gardena Lane
Glacier Lane
Glen Creek Road
Glencoe Street
Hackmann Avenue
Hackmann Circle
Hartman Circle
Hathaway Lane
Heather Circle
Heather Place
Hickory Drive
Hickory Street
Hickory Street
Hickory Street
Hillcrest Lane
Hillwind Road
Hugo Street
Industrial Boulevard
Ironton Street
Ironton Street
Jackson Street
Jackson Street
Janesville Street
Jefferson Street
Jefferson Street
Kerry Lane
Kennaston Drive
Kimball Street
Kristin Court
Lafayette Street
Liberty Street
East River Road
Riverview Terrace
East River Road
Riverview Terrace
531d Avenue
531d Avenue
Pearson Way
T.H. #65
Central Avenue
Gardena Lane
Gardena Avenue
Matterhorn Drive
Logan Parkway
Riverview Terrace
Tennison
Hackmann Avenue
East River Road
Hackmann Avenue
Heather Place
Central Avenue
70�` Way
78�` Avenue
81 st Avenue
Mississippi Street
Woody lane
Matterhorn Drive
Riverview Terrace
51 st W ay
Hugo Street
Riverview Terrace
Carrie Lane
631d Avenue
Riverview Terrace
57�` Place
Madison Street
Ben More Drive
Jackson Street
Riverview Terrace
Stinson Boulevard
Broad Avenue
East River Road
West end of cul-de-sac
Broad Avenue
East River Road
East River Road
Cheri Lane
Through cul-de-sac
79�` Way
Central Avenue
East City Limits
Thru Cul-de-sac
Woody Lane
St. Moritz Drive
East River Road
East River Road
Central Avenue
Hackmann Avenue
West 400 Lineal Feet
East end of cul-de-sac
through cul-de-sac
through cul-de-sac
Ashton Ave
79�` Avenue
600 feet north
Rice Creek Way
Central Ave
Hackmann Avenue
East River Road
Ashton Avenue
Ashton Avenue
East River Road
58�` Avenue
68�` Street
East River Road
59�` Avenue
210 feet south
Rice Creek Road
Monroe Street
East River Road
End of cul-de-sac
East River Road
West end of cul-de-sac
Page 4 of 7
Resolution No. 2010-
STREET FROM TO
Lincoln Street
Logan Parkway
Logan Parkway
Logan Parkway
Longfellow Street
Lynde Drive
Lyric Lane
Madison Street
Madison Street
Main Street
Main Street
Matterhorn Drive
Medtronic Parkway
Melody Drive
Memory Lane
Mississippi Street
Monroe Street
North Danube Road
North Innsbruck Drive
Oakley Street
Onondaga Street
Osborne Way
Overton Drive
Pandora Drive
Pearson Way
Pierce Street
Pierce Street
Polk Street
Quincy Street
Quincy Street
Rainer Pass
Ranchers Road
Regis Drive
Regis Lane
Regis Terrace
Regis Trail
Rice Creek Boulevard
Rice Creek Terrace
Rice Creek Way
Rickard Road
Riverview Terrace
Buchanan Street
Riverview Terrace
Riverview Terrace
Logan Parkway
East River Road
Hillwind Road
731d Avenue
53'h Avenue
67�` Avenue
Osborne Road
57�` Avenue
South City limits
7�` Street
731d Avenue
731d Avenue
Central Avenue
631d Avenue
West Danube Road
Matterhorn Drive
68�` Avenue
Old Central Ave
East River Road
Kennaston Drive
Monroe Street
East River Road
531d Avenue
Mississippi Street
Hackmann Avenue
57th Avenue
67th Avenue
Glacier Lane
77th Avenue
Hathaway Lane
Regis Drive
Regis Drive
Regis Lane
69�` Avenue
6th Street
East River Road
East River Road
71'hWay
531d Avenue
East River Road
Glen Creek Road
Glen Creek Road
West end of cul-de-sac
Regis Drive
Ballet Boulevard
Cheri Lane
Rice Creek Terrace
831d Avenue
61 st Avenue
Gardena Avenue
T.H. 65
Ballet Boulevard
Ballet Boulevard
Stinson Boulevard
Rice Creek Terrace
N.Innsbruck Drive
East City Limits
Rice Creek Terrace
Hayes Street
75�` Way
Monroe Street
68�` Avenue
Firwood Way
Through cul-de-sac
66�` Avenue
Lynde Drive
Carrie Lane
68�` Avenue
South City Limits
81 st Avenue
Regis Lane
Matterhorn Drive
Regis Trail
Through cul-de-sac
University W. Service Drive
Brookview Drive
Ashton Avenue
Alden Way
Logan Parkway
Page 5 of 7
Resolution No. 2010-
STREET FROM TO
Riverview Terrace
Riverwood Drive
Royal Oak Court
Ruth Circle
Ruth Street
Service Road — Railroad
Shamrock Lane
Skywood Court
Skywood Lane
Skywood Lane
Spring Brook Place
Squire Drive
St. Imier Drive
St. Moritz Drive
Stinson Boulevard
Stinson Boulevard
Stinson Boulevard
Stinson Boulevard
Stonybrook Way
Symphony Street
Talmadge Way
Taylor Street
Tempo Terrace
Tennison Drive
T.H. #47 E. Serv Drive
T.H. #47 E. Serv Drive
T.H. #47 E. Serv Drive
T.H. #47 W. Serv Drive
T.H. #47 E. Serv Drive
T.H. #65 E. Serv Drive
T.H. #65 E. Serv Drive
T.H. #65 E. Serv Drive
T.H. #65 E. Serv Drive
T.H. #65 W. Serv Drive
T.H. #65 W. Serv Drive
T.H. #65 W. Serv Drive
Trollhagen Drive
University E. Serv Drive
University W. Serv Drive
Washington Street
Washington Street
79�` Way
71 St W ay
Arthur Street
Ruth Street
Ruth Circle
Liberty Street
69�` Avenue
Skywood Lane
Fillmore Street
Fillmore Street
79�` Way
Rice Creek Road
Berne Road
Trollhagen Drive
69�` Avenue
Osborne Road
Mississippi Street
Rice Creek Road
Alden Way
731d Avenue North Service Drive
West Cul-de-sac
52nd Avenue
731d Avenue
Gardena Avenue
53rd Avenue
57 'h Avenue
69th Avenue
73rd Avenue
Osborne Road
68�` Place
73rd Avenue
Osborne Road
63rd Avenue
West Moore Lake Drive
Osborne Road
73rd Avenue
Matterhorn Drive
4�` Street
Rice Creek Boulevard
58�` Avenue
500 feet north of 68�` Avenue
200 ft N of Kimball St.
71St'/z Way
West to cul-de-sac
Ruth Street
Hugo Street
Ely Street
North to cul-de-sac
Through cul-de-sac
West through cul-de-sac
Matterhorn Drive
Longfellow Street
Camelot Lane
South City Limits
South City Limits
68�` Avenue
731d Avenue
66 'h Avenue
800' South of Gardena
Avenue
East River Road
74�` Avenue North
East Cul-de-sac
Through cul-de-sac
Ballet Boulevard
Thru cul-de-sac
North Approx. 500 feet
Mississippi Street
731d Avenue
85�` Avenue
731d Avenue North Service
Drive
68�` Avenue
72na Avenue
Fireside Drive
South 350 feet
64�` Avenue NE
South 800 feet
MCRR Tracks
St. Imier Drive
7�` Street
69�` Avenue
59�` Avenue
Monroe Street
Page 6 of 7
STREET
West Danube Road
West Moore Lake Drive
Windemere Drive
Resolution No. 2010-
FROM
North Danube Road
T.H. #65 (N.Moore Lake)
Trollhagen Drive
TO
South Cul-de-sac
Medtronic Parkway
Trollhagen Drive
Page 7 of 7
C. Notice of these restrictions shall be published with respect to each of such streets and when so
published, the restrictions shall be in full force and effect; all as provided thereof, under Chapter
503, City Code of Fridley, Minnesota, 1978.
D. A vehicle in excess of such limits may be operated or driven upon a street in the City without
violation of law when the same is done under Special Permit thereof issued in accordance with
the provisions of Minnesota Statutes Sec. 169.87 which are adopted and made a part hereof by
reference the same as if fully incorporated herein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4Tx
DAY OF JANUARY, 2010.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
�
�
�ff1' 4F
FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
January 4, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
December 28, 2009
Resolution Designating Official Depositories
Attached is a resolution appointing Wells Fargo Bank Minnesota N.A. as the City's official
depository for 2010.
The service we receive has been good; Wells Fargo Bank Minnesota N.A. has been responsive to
our requests for information and does provide extensive internet services of which the City of
Fridley uses extensively.
In using Wells Fargo Bank Minnesota N.A., we are able to invest idle cash on a daily basis with
minimum costs to the City. We are able to determine daily needs and invest the balance in a
money market account with Wells Fargo and other very competitive institutions. If we were to
change the provider for the banking services, we would need to change the method in which we
invest idle funds and the ease in which we make deposits.
Staff recommends a motion adopting a resolution designating official depositories for the City of
Fridley.
RESOLUTION NO. 2010 -
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY
I, Richard D. Pribyl, do hereby certify that I am Finance Director-Treasurer of the City of Fridley, a
corporation organized under the laws of the State of Minnesota. I further certify that at a meeting of said
corporation duly and properly called and held on the 4t'' day of January, 2010, the following resolution was
passed; that a quorum was present at said meeting; and that said resolution is set forth in the minutes of
meeting and has not been rescinded or modified.
IT IS HEREBY RESOLVED, that Wells Fargo Bank Minnesota N.A. is hereby designated as a depository
for the funds of this corporation.
IT IS FURTI�R RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this
corporation on deposit with said bank shall be signed by two of the following:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Burns, City Manager
and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks,
drafts, or other withdrawal orders.
BE IT FURTHER RESOLVED, that Wells Fargo Banks as a designated depository of the corporation is
hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money
drawn in this corporation's name, including those drawn to the individual order of any person or persons
whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the
facsimile signatures of two of the following:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Burns, City Manager
and Wells Fargo Banks shall be entitled to honor and to charge this corporation for all such checks, drafts or
other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified
to or filed with Wells Fargo Banks by the City Clerk or other officer of his corporation.
BE IT FURTHER RESOLVED, that any and a11 resolutions heretofore adopted by the City Council of the
corporation and certified to as governing the operation of this corporation's account(s) with it, be and are
hereby continued in full force and effect, except as the same may be supplemented or modified by the
foregoing part of this resolution.
BE IT FURTI�R RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts
and borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be,
and the same hereby are, in all things ratified, approved and confirmed.
BE IT FURTI�R RESOLVED, that any bank or savings and loan may be used as depositories for
investment purposes so long as the investments comply with authorized investments as set forth in Minnesota
Statutes.
Resolution No. 2010 -
Page
BE IT FURTI�R RESOLVED, that the signatures of two of the following named City employees are
required for withdrawal of City investment funds from savings and loan associations:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Burns, City Manager
BE IT FURTI�R RESOLVED, that any brokerage firm may be used as a vendor for investment purposes so
long as the investments comply with the authorized investments as set forth in Minnesota Statutes.
I further certify that the Council of this corporation has, and at the time of adoption of said resolution had, full
power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the
persons named who haue full power and lawful authority to exercise the same.
PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS 4� DAY OF
JANUARY, 2010.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
�ff1' 4F
FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
January 4, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
December 28, 2009
Resolution Designating Official Newspaper for the Year 2010
The Fridley City Charter Section 12.01 requires the designation of an official newspaper for the
City.
Attached is a resolution designating the Fridley Sun Focus News as the official legal newspaper
of the City of Fridley for the year 2010. The Minneapolis Star Tribune is designated as the City
of Fridley's second official newspaper for the year 2010.
RESOLUTION NO. 2010 -
RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER
FOR THE YEAR 2010
WHEREAS, the Charter of the City of Fridley requires in Section 12.01 thereof that the City
Council annually designate an official newspaper for the City.
NOW, THEREFORE, BE IT RESOLVED that the Focus News is designated the official legal
newspaper for the City of Fridley for the year 2010 for all publications required to be published
therein.
BE IT FURTHER RESOLVED that the Minneapolis Star and Tribune be designated as the City
of Fridley's second official newspaper for the year 2010.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4Tx
DAY OF JANUARY, 2010.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
�ff1' 4F
FRIDLE7`
TO:
FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 4, 2010
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: RESOLUTION ESTABLISHING MILEAGE RATE CHANGE - 2010
DATE: December 29, 2009
The Internal Revenue Service has made the decision to decrease the mileage rate from
$0.505 per mile to $0.500 per mile. The City chose to change the mileage rate once
last year.
The mileage rates for 2010 reflect generally lower transportation costs compared to a
year ago. While gasoline is a significant factor in the mileage rate, other fixed and
variable costs, such as depreciation enter the calculation.
The attached resolution changes the City of Fridley's mileage rate to that of the current
IRS rate.
Based on past practice, it is my recommendation that we make this adjustment and
present this resolution to City Council for approval at the January 4, 2010 meeting.
RDP/rlk
Attachment
RESOLUTION NO. 2010
A RESOLUTION AUTHORIZING A CHANGE 1N MILEAGE
REIMBURSEMENT RATES FOR THE 2010 CALENDAR YEAR
WHEREAS, there has been a mileage rate change in the Internal Revenue Service guidelines;
WHEREAS, the Internal Revenue Service as decreased the standard mileage rate to $0.50 cents
per mile for 2010; and
WHEREAS, an adjustment of the standard mileage rate for the City of Fridley is warranted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Fridley that the
following change be authorized for employees of the city of Fridley, effective January 1, 2010.
1. Standard Mileage Rate set to $0.500 per mile.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4Tx
DAY OF JANUARY, 2010.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A SKOGEN — CITY CLERK
�
�
�fT�' �F
FfiIDLEY
TO:
FROM:
AGENDA ITEM
COUNCIL MEETING OF JANUARY 4, 2010
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PR/BYL, FINANCE DIRECTOR
SUBJECT: RESOLUTION ESTABLISHING PROCEDURES RELATING TO
COMPLA/NCE WITH REIMBURSEMENT BOND REGULATIONS UNDER
THE INTERNAL REVENUE CODE
DATE: December 29, 2009
Attached is the resolution prepared by the City's Bond Counsel, Mary Ippel from the firm of
Briggs and Morgan. This resolution is the same as the one that was past last year by the
City Council and pertains to the debt that we issue annually in conjunction with our street
reconstruction program. The bonds issued by the City are used to reimburse itself for the
costs associated with certain predetermined projects. This spring and summer the City will
be working on the next phase of the continuing expanded street improvement project. The
costs associated with these projects have been determined to be financed by a General
Obligation Improvement Bond supported by an additional tax levy.
This resolution authorizes the Finance Director to create a declaration of intent to reimburse
for each general obligation bond used to finance each of our improvement projects. This
resolution has attached to it an Exhibit A, which is the "Declaration of Intent" that shall be
used for this year's projects and the related general obligation debt that shall be issued to
coverthose expenses.
This resolution is only used to declare, an intent to reimburse, and does not provide the
Finance Director with any new role in the issuance of general obligation bonds which has
always been the City Council's role.
RDP/bk
Attachment(s)
RESOLUTION NO. 2010-
RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows:
RECITALS - The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2, (as
the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond"
proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the
City prior to the time of issuance of those bonds.
The Regulations generally require that the City (as the issuer of or the primary obligor under the
bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds
of subsequently issued bonds, that such declaration be made not later than 60 days after the
expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be
made from the proceeds of such bonds within 18 months after the later of (1) the of payment of the
expenditure or (2) the date the proj ect is placed in service (but in no event more than 3 years after
actual payment).
The City heretofore implemented procedures for compliance with the predecessor versions of the
Regulations and desires to amend and supplement those procedures to ensure compliance with the
Regulations.
The City's bond counsel has advised the City that the Regulations do not apply, and hence the
provisions of this Resolution are intended to have no application, to payments of City project costs
first made by the City out of the proceeds of bonds issued prior to the date of such payments.
OFFICIAL INTENT DECLARATION — The Regulations, in the situations in which they apply,
require the City to have declared an official intent (the "Declaration") to reimburse itself for
previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council
hereby authorizes the Finance Director to make the City's Declarations or to delegate from time to
time that responsibility to other appropriate City employees. Each Declaration shall comply with the
requirements of the Regulations, including without limitation the following:
Each Declaration shall be made not later than 60 days after payment of the applicable proj ect cost and
shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds
of a bond issue or similar borrowing. Each Declaration may be made substantially in Exhibit A,
which is attached to and made a part of this Resolution, or in any other format which may at the time
comply with the Regulations.
Each Declaration shall contain a reasonably accurate description of the "project" as defined in the
Regulations (which may include the property or program to be financed, as applicable), to which the
expenditure relates and state the maximum principal amount of bonding expected to be issued for that
proj ect.
Care shall be taken so that the City, or it authorized representatives under this Resolution, not make
Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be
issued to finance the subject project costs, and the City officials are hereby authorized to consult with
bond counsel to the City concerning the requirements of the Regulations and their application in
particular circumstances.
The Council shall be advised from time to time on the desirability and timing of the issuance of
reimbursement bonds relating to proj ect expenditures for which the City has made declarations.
REIMBURSEMENT ALLOCATIONS. If the City is acting as the issuer of the reimbursement
bonds, the designated City officials shall also be responsible for making the "reimbursement
allocations" described in the Regulations, being generally written allocations that evidence the City's
use of the applicable bond proceeds to reimburse the original expenditures.
EFFECT. This Resolution shall amend and supplement all prior resolutions and/or procedures
adopted by the City for compliance with the Regulations (or their predecessor versions), and,
henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and
govern.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4th
DAY OF JANUARY, 2010.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
EXHIBIT A
Declaration of Official Intent
The undersigned being duly appointed and acting Finance Director of the City of Fridley, Minnesota
("the City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2
(the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and
certifies on behalf of the City as follows:
The undersigned has been and is on the date hereof duly authorized by the City Council of the City to
make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City.
This Declaration relates to the following project, property or program (the "project") and the costs
thereof to be financed:
2009 STREET RECONSTRUCTION PROGRAM
2010 STREET RECONSTRUCTION PROGRAM
2010 WATER SYSTEM IMPROVEMENTS
The City reasonably expects to reimburse itself for the payment of certain costs of the Proj ect out of
the proceeds of a bond issue or similar borrowing (the `Bonds") to be issued after the date of
payment of such costs. As of the date hereof, the City reasonably expects that $2,700,000 is the
maximum principal amount of the Bonds which will be issued to finance these Projects.
Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of
issuance, or any of the other types of expenditures described in Section 1.1502(d)(3) of the
Regulations.
AS of the date hereof, the statements and expectations contained in the Declaration are believed to be
reasonable and accurate.
Date: _ 2010
Richard D. Pribyl — Finance Director
City of Fridley
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FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
January 4, 2010
William W. Burns, City Manager
Donovan W. Abbott, Public Safety Director
December 30, 2009
Contract for Animal Impound Services
This memo is written in support of the City's acceptance of the Animal Control Contract with
Brighton Veterinary Hospital, 2615 Mississippi St. NE, New Brighton, MN 55423.
The City of Fridley has contracted with Brighton Veterinary Hospital to provide animal impound
services since 1997. Brighton provides animal impoundment facilities for Fridley, Hilltop, Mounds
View, New Brighton and Roseville. The initial contract required payment of a monthly
administration fee of $1,200 to cover all costs of the contract. In 2004 the monthly fee was increased
to $1,300. For FY2010 Brighton proposed a monthly fee of $1,600; staff successfully negotiated a
reduced amount to $1,500 which will result in an annual expense of $18,000. The FY2010 City
budget for animal impound services is $16,600.
Research on options was conducted by staff. Animal impound services is an extremely niche market.
The only viable alternative to Brighton Veterinary Hospital is Hillcrest Animal Hospital located in
Maplewood. Hillcrest provides animal impoundment facilities for 21 north and northeast metro cities
and townships including Coon Rapids, Blaine and Spring Lake Park. Hillcrest is located 14.2 miles
from the Municipal Center as opposed to Brighton's 2 miles. The increased distance to contract with
Hillcrest would add 3,440 vehicle miles and require 56 hours of additional staff time. Hillcrest
charges fees "per animal" as opposed to Brighton's monthly "all inclusive" fee. Based on historical
impound data the total cost to the City to contract with Hillcrest is reasonably estimated to be at least
$17,900 (see `Background Information" next page). In addition, there would be considerable
inconvenience to staff and citizens.
Staff has been satisfied with the service provided by Brighton Veterinary Hospital. The facility is
well maintained and is conveniently located. The only viable alternative offers an insignificant
savings at considerable inconvenience. Staff therefore recommends approval of the Animal Control
Contract with Brighton Veterinary Hospital.
Back�round Information
The cities surrounding Fridley use a variety of service providers for animal impoundment:
Citv
Minneapolis
Brooklyn Center, Brooklyn Park
Columbia Heights
Coon Rapids, Blaine, Spring Lake Park
Mounds View, New Brighton
Service Provider
Animal Care and Control
Pets Under Police Security
Camden Pet Hospital
Animal Control Services, Inc.
Brighton Veterinary Hospital
Animal Care and Control is a City of Minneapolis government entity operating under the City's
Department of Regulatory Services and is not open to contracting with external entities.
Pets Under Police Security is a j oint powers organization between the cities of Brooklyn Center,
Brooklyn Park, Champlin, Crystal, Maple Grove, New Hope and Plymouth and is not open to
contracting with external entities without a"significant" capital investment paid to member
municipalities to "buy in" as well as a share of operational expenses.
Camden Pet Hospital is not open to contracting with any other cities due to facility limitations.
Animal Control Services, Inc. brokers animal impound services between 21 north and northeast
metro cities and townships and Hillcrest Animal Hospital. Hillcrest Animal Hospital has indicated a
desire to contract directly with cities and is open to contracting with the City of Fridley.
Historical data for City of Fridley animal impounds is as follows:
Year
2005
2006
2007
2008
2009
Impounds
139
155
145
160
110
The average number of animals impounded annually by the City of Fridley over the 5 year period
was 141.
Based on the "per animal" costs used by Hillcrest Animal Hospital, fees payable for the
impoundment of an average of 141 animals are estimated to be $14,734 (assuming a 50% euthanasia
rate). There are additional cost considerations, however, given the location of Hillcrest Animal
Hospital in Maplewood. Contracting with Hillcrest over Brighton would require driving an additional
3,440 miles per year and would take, at a minimum, an additional 56 hours of Community Service
Officer (CSO) time. The consequence is compounded in that while the CSO is in transit with an
animal out of the City, Police Officers would end up responding to matters that would ordinarily be
handled by the CSO were they in the City. At a minimum, added costs are estimated to be $2,543
(using the standard mileage rate for 2010 of .50/mile and the average CSO hourly wage of $14.70). In
addition, in order to keep patrol officers from having to transport impounded animals out of the City
when CSOs are not on duty, it would be necessary to install some temporary holding facilities in the
police garage at an estimated cost of $600 (for kennels, crates and incidental care supplies). The total
cost to the City to contract with Hillcrest is therefore reasonably estimated to be $17,900.
ANIMAL� CONTROL CONTRACT
This contract, made and entered into this 15` day of January 2010 by and between Brighton
Veterinary Hospital, 2615 Mississippi street, New Brighton, Mn. 55112, hereinafter referred to
as "animal shelter" and the city of Fridley, a m�nicipal carporation, 6431 University Ave Ne,
Fridley, Mn. .55423 hereinafter referred to as "city".
TERM
The tenn of this contract shall be from January 1 S` 2010 through December 31 S` 2010.
II. ANIMAL, SHELTER SERVICES
The animal shelter agrees to furnish the following services:
1. Shelter for animal drop-offs ori a 24-hour basis.
2. Animal examiriatioris and veterinary care as required during normal business hours.
3. Seized stray animals shall be held for 5 regtxlar business days. After 5 regular business
days the city shall have n� right or interest in such animai. Therefore if said aniinal is
not claimed by an owner within the 5 regular business days it then becomes the property
of the animal shelter to do with as they see necessary. Both parties shall give notice to
the stray animal's owner that it has been impounded.
4. Euthanasia and disposal, if required due to serious injury, iliriess, or after 5 regular
business days, in compliance with Minnesota Statute 35.71.
5. Receiving and disposing of dead animals delivered l�y the city.
6. Upon request, train city aniinal control officers in safe and humane handlirzg arid
apprehension of animals.
7. Keep accurate records of all animals impounded, boarded, and destroyed, pursuant to
this agreement and furnish morithly statements to the city.
8. Keep the animal shelter open during norinal business hours of the Brighton Veterinary
Hospital and not less than nonnal business hours of the city.
9. The animal shelter, during nonnal business hours, upon reasonable notice, shall be open
for inspection by the city or it's agents.
10. Collect boarding fees at $14.00 per day for dogs and $11.00 per day for cats, per animal
from owners who retrieve animals. Fees are kept by the animal shelter.
11. Hold any impounded animal being reclaimed until proof of applicable current licensing
and rabies vaccirie is produced.
12. Serve as aniinal control officers for the city, as defined in City Code, and as applicable
to the operation of the animal shelter.
13. Imp�unded quarantined animals shall be held for rabies observation for a maximum of
14 days. If no owner coines forward within the 14 day period, then said animal becomes
property of the animal shelter to do with as they feel necessary.
III. CITY RESPONSIBILITY
After normal business hours, the city will transport any injured animals that are in a life
threatening condition to the Affiliated Emergency Veterinary Services, at no cost to the
aniinal shelter. After treatment and release the city w'rii transport the animal to the
animal shelter.
IV. COMPLIANCE WITH LAWS
In providing all services pursuant to this contract, the animal shelter shall ahide hy ali
statutes, ordinances, rules and regulations pertaining to or regulating the provisions of
such services
V. AUDIT DISCLOSURE AND RETENTION OF RECORDS
The aniinal shelter agrees to make available to duly authorized representatives of the city
and either the legislat'rve auditor or the state auditor for the purpose of audit
examination, any books, docuinents, papers, and records of the animal shelter that are
pertinent to the animal's provision of service hereunder. The animal shelter further
agrees to inaintain all such required records f�r three years after receipt of final payment
from the owner of the animal and the closing of all other related matters as determined
by the animal shelter.
VI. ANIMt1L SHELTER RESPONSIBILITIES AND 1NSLJRANCE
The animal shelter shall be responsible for all damages, harm or illness suffered by the
aniinals under its care and in its custody which may be due to the negligence of the
animal shelter. Said animal shelter shall save the city harmless from any dainages, costs,
actions, or causes or action, or claiins made against the city for any hann, losses,
damages, or expenses or account of bodily injury, sickness, disease, improper
disposition, death, and property damage resulting from the animal shelter's operation.
The animal shelter shall procure and lceep in full force comprehensive general liability
insurance in the arnount of not less than $100,000 each occurance and $3.5Q,000 general
aggregate to safeguard and indemnify the city for any of the occurrences
aforementioned. Such insurance policy must be filed with the city clerk.
VII. COMPENSATION
1.The city shall pay the animal shelter the sum of $1 S00 per month for services stated in
this contract. Said sum shali be paid on or about the last day of the month, or within
thirty (30) days after submission of the monthly claims, by the animal shelter.
2. The aniinal shelter inay charge the owner of the anilnal for custoinary veterinary fees
for services including rabies vaccinations, examinations, and medications, and retain
all amounts collected.
VI�II. EARLY TERMINATION
This contract Inay he tenninated by either party, provided the terminating party is not in
breach of this contract, with or without cause upon thirty (30) days written notice,
delivered by United States maii or in person, to the other party. For purposes of such
notice, the address of the animal shelter is:
Brighton Veterinary Hospital PA
261 S Mississippi Street
New Brighton, MN 55112
and the address of the city is:
City of Fridley
6431 University Ave. Ne
Fridley, Mn. 55432
IX. INDEMNIFICATION BY CITY
The city shall save the aniinal shelter hannless froin any damages, costs, actions, or
causes or action, or claims made against the animal shelter for any harin, losses,
damages, or expenses or account of bodily injury, sicicness, disease, improper
disposition, death, and proprty damage resulting while the animai is in the care, custody
or control of the city, its employees, agents, or animal control officers. Nothing herein
shall be deeined a waiver of the liinitations on liability set forth in Minnesota Statutes.
Chapter 466.
X. MODIFICATIONS
Any material alterations, modifications, ar variations of the terms of this contract shall
be valid and enfarceahie only when they have been reduced to writing as an amendment
and signed by the parties.
XI. ENTIRE AGREEMENT
It is understood and agreed by the parties that the entire agreements of the parties are
contained herein and that the contract supersedes all aral agreements and negotiations
between parties relating to the subject matter hereof as well as any previous agreements
presently in effect between the aniinal shelter and the city relating to the subject matter
hereof. The parties hereto revoke any prior �ral or written agreement between
theinselves and hereby agree that this contract is the only and complete agreement
regarding the subj ect hereof.
ANIMAL SHELTER CITY
�/ �
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By: �/ -" �y�—
s
` `
Title: � � �� Title:_
Date: �"� .t���L_, � � Date:
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FRIDLE7`
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 4, 2010
2010 CITY COUNCIL AND STAFF APPOINTMENTS
2009 REPRESENTATIVE
Mavor Pro Tem:
Councilmember-at-Large Barnette
2010 APPOINTEE
Anoka Countv Law Enforcement Council:
Councilmember-at-Large Barnette, Rep.
Councilmember Varichak, Alternate
Metro Cities•
Mayor Lund, Delegate
Councilmember Bolkcom, Alternate
Lea�ue of Minnesota Cities:
Councilmember Bolkcom, Rep.
Councilmember Saefke, Alternate
School District No. 13:
Councilmember-at-Large Barnette, Rep.
Councilmember Bolkcom, Alternate
School District No. 14:
Councilmember-at-Large Barnette, Rep.
Councilmember Bolkcom, Alternate
School District No. 16:
Councilmember Saefke, Representative
Councilmember Varichak, Alternate
Northstar Corridor Development Authoritv:
Councilmember-at-Large Barnette, Rep.
Paul Bolin, Alternate
Minnesota Metro North Tourism:
Debra A. Skogen, City Clerk
EXPIRE S
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
12-31-10
� AGENDA ITEM
� COUNCIL MEETING OF JANUARY 4, 2010
� �F CLAI MS
FRIDLE7`
CLAIMS
144516 - 144692
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 4, 2010
��F LICENSES
FRIDLE7`
TYFE OF LICENSE: ' ' APPLICANT; ' APPRQVED BY: '
Tem orar Li uor Consum tion Fridle Lions Club Public Safet
& Display (Wine Tasting) North Air Events Center
January 22, 2010
Food, Tobacco, Retail Gas Sales Abdelqader Dawoud Public Safety
Stop N Save (7298 Hwy 65)
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 4, 2010
��F LICENSES
FRIDLE7`
Contractor T e A licant A roved B
Air Mechanical Inc Gas Bett Hara at Ron Julkowski, CBO
Allan Mechanical Inc Heatin Elmer Wedel Ron Julkowski, CBO
Bendtsen Mechanical Inc Heatin John Bendtsen Ron Julkowski, CBO
Cities Mason Restoration Mason Jason Bur Ron Julkowski, CBO
Comfort Matters Heating & Heating Corey Hickmann Ron Julkowski, CBO
Coolin I
Rite-Way Waterproofing Commercial or Charlene Messerich Ron Julkowski, CBO
S ecial
True North Tower LLC Commercial or Jeff Peterson Ron Julkowski, CBO
S ecialt
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 4, 2010
� �F ESTI MATES
FRIDLE7`
G. L. Contracting, Inc.
4300 Willow Drive
Medina, MN 55430-9701
45th Avenue Outfall Proj ect No. 390
Estimate No. 2 ..................................................................................... $ 33,100.38
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CfTY OF
FRIaLE7
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 4, 2010
December 30, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Public Hearing for Text Amendment Request, TA #09-02, Schmit Towing
INTRODUCTION
The petitioner, Ms. Schmit, is seeking a text amendment to add language to the M-1, Light
Industrial zoning district; that would allow towing services by issuance of a special use permit.
TEXT AMENDMENT REVIEW
The petitioner is requesting a text amendment to add language to the M-1, Light Industrial
zoning district, which would allow "towing services" by a special use permit. The City currently
does not allow this exact use in any of the zoning districts within the City. The City code does
however allow junkyards, repair garages, service station and other intense types of industrial
uses within our industrial districts with a special use permit. In that regard, a towing service
business would be less intense and have very little impact when compared to some of the other
types of uses allowed in our industrial districts by special use permit.
Compatibilitv with the Comprehensive Plan
The Future Land Use Map in the City's Comprehensive Plan guides the subject property and
the surrounding properties as redevelopment. Though this area is guided as redevelopment, it
is intended that the properties involved in the redevelopment district would remain industrial.
The purpose of including it within redevelopment area was intended to suggest that there is a
need for updating of many of our industrial properties in this area. Industrial uses typically
involve wholesaling, warehousing, manufacturing, construction or service uses. While the
proposed use isn't as intensive as many industrial uses that could be permitted in this zoning
district, the proposed use would fit best within an industrial district.
Compatibilitv with the Zoninq District
The petitioner's business is located at 92 43�d Avenue, which is zoned M-1, Light Industrial. Of
particular importance when considering a text amendment is determining if the proposed use
would be consistent with the purpose and intent of the zoning district in which it would become
allowable, and whether or not the proposed use would be compatible with other permitted or
special uses allowed within the district. As stated above, there are much more intense type
uses that are allowed within the M-1 zoning district, with a special use permit. Based on the
businesses surrounding the existing business, it seems very reasonable that this type of use
would exist without causing disruption to the neighboring properties.
Staff finds that a towing service use, where the business's principal use is to tow, impound and
store motor vehicles would be consistent with the purpose and intent of the M-1 zoning district,
provided specific conditions are met. Staff has drafted an ordinance that would allow a towing
service use contingent upon approval of a special use permit provided the following conditions
are met. Staff has determined that the petitioner's request meets the conditions that are noted
below, and how they plan to meet those conditions is highlighted below in italics and bold.
(a) The storage aspect of said towing service operation shall be secondary, in terms of use,
to a principal building that houses a towing office, repair/maintenance facility for towing
fleet, and an interior storage area for a portion of the impounded collection of vehicles.
The existing building is used for office (dispatch), storage of vehicles and for light
maintenance of the towing vehicles. The storage of the towed vehicles is
considered secondary to the principal use (building) of the property.
(b) The towing service site shall be located on a street with traffic volumes of less than
1,500 ADT (average daily trips). 43'd Avenue only averages approximately 900 trips
per day. The reason for this condition is that allowing this type of use on a road
that has limited daily trips, eliminates the potential for vehicle conflict between
typical traffic and large commercial towing vehicles. Towing certain vehicles may
require maneuvering in the street that could disrupt normal vehicle traffic.
(c) No storage of impounded or other vehicles associated with towing service business shall
be parked on street(s) adjacent to towing service facility. The petitioner has stated
that they currently don't allow vehicles of any type to be parked on the street, so
they have no problem complying with this condition. This would be monitored
yearly by staff.
(d) All storage shall be located in the side or rear yard of the towing service facility. Storage
of towed vehicles is already being done in the side or rear yard. The business
trailers that are currently in the front parking lot will be moved to the rear yard.
(e) All areas where vehicles are to be driven, towed or parked shall be surfaced with either
asphalt or concrete and those parking areas shall have concrete curb and gutter of B6-
12 standard or a suitable alternative, approved by the City Engineer, surrounding their
perimeter. Already completed on this site.
(� Areas where stored vehicles are intended to be parked shall be fenced, screened and
adequately lit from sunset to sunrise for security purposes. Lighting shall only include
shielded downcast fixtures. The area where vehicles are currently being stored is
already fenced in. The petitioner does plan to add an additional fence this spring
between the east side of the building and the east property line, for additional
security purposes. The site is screened through the use of existing landscaping.
Existing lighting on the site is shielded with downcast fintures.
(g) Parking stalls intended for storage of towed vehicles and towing truck fleet shall be
separated from those required by Code for customers and employees. Employee and
customer stalls can be in the side yard or front yard, but shall not be within the fenced
area intended for towed or impounded vehicles, or the towing fleet. The site meets
code requirements for parking and the rest of this condition is already being met.
(h) No intercom system shall be used in the open yard area if site is directly adjacent to
residentially zoned property. Petitioner has read and agrees with this condition.
(i) No crushing, dismantling, or salvage of vehicles shall occur on the subject property.
This is something that the petitioner is totally agreeab/e to, but will be required to
be monitored by staff yearly.
(j) All towing operations whose storage yard is within 250 feet of a residential dwelling at
the time of issuance of the special use permit, shall be required to have limited hours of
yard operation, similar to the City's hours of power tool use and construction, which are:
7:00 AM to 9:00 PM Monday through Friday, 9:00 AM to 7:00 PM Saturday. The nearest
residential property is 660 feet from the subject property.
(k) Towing services shall not be located within a multi-tenant industrial complex. The
subject property has a free-standing building.
PLANNING COMMISSION RECOMMENDATION
At the December 16, 2009, Planning Commission meeting, a public hearing was held for TA
#09-02. After a brief discussion, the Planning Commission recommended approval of TA #09-
02. No stipulations are tied to the Text Amendment; however there are stipulations that are tied
to the special use permit, which will be reviewed by the City Council at their February 8, 2010
meeting.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
TA #09-02 and SP #09-19
REQUESTS
The petitioner, Ms. Schmit, is seeking a text amendment to add language to the M-1, Light
Industrial zoning district; that would allow towing services by issuance of a special use permit.
In addition, the petitioner is requesting a special use permit to allow a towing service business in
the M-1, Light Industrial zoning district, located at 92 43�d Avenue.
SITE DESCRIPTION
The subject property is located on 43�d Avenue, west of
Main Street. The property is zoned M-1, Light
Industrial. The properties north, west and east also
have an industrial zoning, and the property to the south
is zoned R-1, Single Family. The Single Family
property is vacant land that is owned by Burlington
Northern Santa Fe. The subject property in 1.99 acres
is size and was developed in 1963, with the
construction of the 8,234 square foot building. In 1982,
a shed was constructed on the property. In 1989, a
special use permit was issued to a landscape business
to allow the outdoor storage of landscape materials and
construction vehicles.
��
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EXISTING USE '
Schmit Towing has been operating a towing service ` y
business out of the subject property since 2006. They � �
primarily tow and transport vehicles for dealership, � ' �
municipalities and the general public. According to the �� �
petitioner, "Ninety percent of our business is towing and transporting vehicles off site, not to our
site. Occasionally it is necessary to keep said vehicles on our lot for a limited period of time,
however most vehicles are gone within 48 hours. A few times a year, a vehicle may be on site
for up to 45 days at the most. We do not perform junk yard service, nor do we dispose of
vehicles on our property. Vehicles are picked up by the owner, picked up or towed for an
insurance company or towed to an appropriate disposal facility."
It recently came to the City's attention that this type of business is not allowed in an M-1, Light
Industrial zoning district. As a result, the petitioner is seeking the proposed text amendment
and special use permit.
TEXT AMENDMENT REVIEW
The petitioner is requesting a text amendment to add language to the M-1, Light Industrial
zoning district, which would allow "towing services" by a special use permit. The City currently
does not allow this exact use in any of the zoning districts within the City. The City code does
however allow junkyards, repair garages, service station and other intense types of industrial
uses within our industrial districts with a special use permit. In that regard, a towing service
business would be less intense and have very little impact when compared to some of the other
types of uses allowed in our industrial districts by special use permit.
Compatibilitv with the Comprehensive Plan
The Future Land Use Map in the City's Comprehensive Plan guides the subject property and
the surrounding properties as redevelopment. Though this area is guided as redevelopment, it
is intended that the properties involved in the redevelopment district would remain industrial.
The purpose of including it within redevelopment area was intended to suggest that there is a
need for updating of many of our industrial properties in this area. Industrial uses typically
involve wholesaling, warehousing, manufacturing, construction or service uses. While the
proposed use isn't as intensive as many industrial uses that could be permitted in this zoning
district, the proposed use would fit best within an industrial district.
Compatibilitv with the Zoninq District
The petitioner's business is located at 92 43�d Avenue, which is zoned M-1, Light Industrial. Of
particular importance when considering a text amendment is determining if the proposed use
would be consistent with the purpose and intent of the zoning district in which it would become
allowable, and whether or not the proposed use would be compatible with other permitted or
special uses allowed within the district. As stated above, there are much more intense type
uses that are allowed within the M-1 zoning district, with a special use permit. Based on the
businesses surrounding the existing business, it seems very reasonable that this type of use
would exist without causing disruption to the neighboring properties.
Staff finds that a towing service use, where the business's principal use is to tow, impound and
store motor vehicles would be consistent with the purpose and intent of the M-1 zoning district,
provided specific conditions are met. Staff has drafted an ordinance that would allow a towing
service use contingent upon approval of a special use permit provided the following conditions
are met:
(a) The storage aspect of said towing service operation shall be secondary, in terms of use,
to a principal building that houses a towing office, repair/maintenance facility for towing
fleet, and an interior storage area for a portion of the impounded collection of vehicles.
(b) The towing service site shall be located on a street with traffic volumes of less than
1,500 ADT (average daily trips).
(c) No storage of impounded or other vehicles associated with towing service business shall
be parked on street(s) adjacent to towing service facility.
(d) All storage shall be located in the side or rear yard of the towing service facility
(e) All areas where vehicles are to be driven, towed or parked shall be surfaced with either
asphalt or concrete and those parking areas shall have concrete curb and gutter of B6-
12 standard or a suitable alternative, approved by the City Engineer, surrounding their
perimeter.
(� Areas where stored vehicles are intended to be parked shall be fenced, screened and
adequately lit from sunset to sunrise for security purposes. Lighting shall only include
shielded downcast fixtures.
(g) Parking stalls intended for storage of towed vehicles and towing truck fleet shall be
separated from those required by Code for customers and employees. Employee and
customer stalls can be in the side yard or front yard, but shall not be within the fenced
area intended for towed or impounded vehicles, or the towing fleet.
(h) No intercom system shall be used in the open yard area if site is directly adjacent to
residentially zoned property.
(i) No crushing, dismantling, or salvage of vehicles shall occur on the subject property.
Q) All towing operations whose storage yard is within 250 feet of a residential dwelling at
the time of issuance of the special use permit, shall be required to have limited hours of
2
yard operation, similar to the City's hours of power tool use and construction, which are:
7:00 AM to 9:00 PM Monday through Friday, 9:00 AM to 7:00 PM Saturday.
(k) Towing services shall not be located within a multi-tenant industrial complex.
Staff has determined that the above mentioned conditions are necessary for the proposed use
to meet the purpose and intent of the comprehensive plan and zoning ordinance. The storage
aspect of the towing service operation being secondary to the principal building and business
operation is very important as it requires that the primary portion of the business takes place
within the building and as a result the property doesn't become overcome with vehicle storage.
Storage of the vehicles in the side or rear yard is consistent with what we require of all of our
industrial properties. Requiring a condition that won't allow crushing, dismantling, or salvage of
vehicles to take place on the site, ensures the City that this property won't become a salvage
yard.
SPECIAL USE PERMIT REVIEW
Contingent upon the approval of the text
amendment to allow a"towing services" as
a special use in the M-1, Light Industrial
zoning district; the petitioner is also seeking
a special use permit to allow this type of use
to be conforming and located at 92 43�a
Avenue. The existing property is 86,525
square feet (1.99 acres) and the existing
building is 8,234 square feet. Since the
petitioner purchased the property in 2006,
they have made many improvements to the
site. They received a land alteration permit
to pave, curb and gutter a portion of the rear
of the lot to allow proper vehicle storage.
They also removed debris that was left from
the previous owner, painted the building and
installed new signage. The interior of the
building is used for office space, light
vehicle maintenance and storage of
vehicles.
As part of the approval of the special use
permit, the petitioner needs to meet the
conditions set forth in the proposed
ordinance language. Staff has determined
that the petitioner's request meets the
standards that are noted below, and how
they plan to meet those conditions is
highlighted below in italics and bold.
(a)
The storage aspect of said towing
service operation shall be
secondary, in terms of use, to a principal building that houses a towing office,
repair/maintenance facility for towing fleet, and an interior storage area for a portion of
the impounded collection of vehicles. The existing building is used for office
(dispatch), storage of vehicles and for light maintenance of the towing vehicles.
�
The storage of the towed vehicles is considered secondary to the principal use
(building) of the property.
(b) The towing service site shall be located on a street with traffic volumes of less than
1,500 ADT (average daily trips). 43'd Avenue only averages approximately 900 trips
per day. The reason for this condition is that allowing this type of use on a road
that has limited daily trips, eliminates the potential for vehicle conflict between
typical traffic and large commercial towing vehicles. Towing certain vehicles may
require maneuvering in the street that could disrupt normal vehicle traffic.
(c) No storage of impounded or other vehicles associated with towing service business shall
be parked on street(s) adjacent to towing service facility. The petitioner has stated
that they currently don't allow vehicles of any type to be parked on the street, so
they have no problem complying with this condition. This would be monitored
yearly by staff.
(d) All storage shall be located in the side or rear yard of the towing service facility. Storage
of towed vehicles is already being done in the side or rear yard. The business
trailers that are currently in the front parking lot will be moved to the rear yard.
(e) All areas where vehicles are to be driven, towed or parked shall be surfaced with either
asphalt or concrete and those parking areas shall have concrete curb and gutter of B6-
12 standard or a suitable alternative, approved by the City Engineer, surrounding their
perimeter. Already completed on this site.
(� Areas where stored vehicles are intended to be parked shall be fenced, screened and
adequately lit from sunset to sunrise for security purposes. Lighting shall only include
shielded downcast fixtures. The area where vehicles are currently being stored in
already fenced in. The petitioner does plan to add an additional fence this spring
between the east side of the building and the east property line, for additional
security purposes. The site is screened through the use of existing landscaping.
Existing lighting on the site is shielded with downcast fintures.
(g) Parking stalls intended for storage of towed vehicles and towing truck fleet shall be
separated from those required by Code for customers and employees. Employee and
customer stalls can be in the side yard or front yard, but shall not be within the fenced
area intended for towed or impounded vehicles, or the towing fleet. The site meets
code requirements for parking and the rest of this condition is already being met.
(h) No intercom system shall be used in the open yard area if site is directly adjacent to
residentially zoned property. Petitioner has read and agrees with this condition.
(i) No crushing, dismantling, or salvage of vehicles shall occur on the subject property.
This is something that the petitioner is totally agreeab/e to, but will be required to
be monitored by staff yearly.
(j) All towing operations whose storage yard is within 250 feet of a residential dwelling at
the time of issuance of the special use permit, shall be required to have limited hours of
yard operation, similar to the City's hours of power tool use and construction, which are:
7:00 AM to 9:00 PM Monday through Friday, 9:00 AM to 7:00 PM Saturday. The nearest
residential property is 660 feet from the subject property.
(k) Towing services shall not be located within a multi-tenant industrial complex. The
subject property has a free-standing building.
While conducting an on-site inspection, staff noticed that the petitioner's free-standing sign
appears to be within the public right-of-way. The petitioner articulated to staff that their property
line actually extends into the street. The petitioner has agreed to verify the existing sign
location and submit a sign permit application for the sign.
�
Staff also reviewed the site to ensure that parking demands will be met as well as landscaping
requirements. Based on the breakdown of uses within the building, 2.5 parking stalls is required
based on 636 sq. ft. of office space, 2.6 stalls is required based on 1,072 sq. ft. of maintenance
space, and 3.2 stalls is required based on 6,526 sq. ft. of storage space. As a result, code
requires 8 parking stalls. The petitioner has 12 parking stalls dedicated for employees and
customers, which meets code requirements. The existing site has several large mature trees,
which not only provide a nice screening feature, but also add to the aesthetics of the site. The
large coniferous and deciduous trees on the site and the wooded open area in the rear of the
lot, allow the property to meet the code required landscaping requirements.
City staff hasn't heard any comments from neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of the text amendment.
• Use is consistent with the purpose and intent of the M-1 zoning code.
• Use is compatible with other uses permitted with a special use permit in this district.
City Staff recommends approval of the special use permit, with stipulations.
STIPULATIONS
Staff recommends that if this special use permit is granted, the following stipulations be
attached.
1. The petitioner shall comply with all the conditions set forth within the M-1 zoning district
code standards for a towing service business.
2. The petitioner shall verify free-standing sign location, ensuring that iYs 10 ft. from the
property line and obtain a sign permit for the existing sign.
�
Ordinance No.
AN ORDINANCE AMEDNING CHAPTER 205, SECTIONS 205.17 ALLOWING A
"TOWING SERVICES" USE BY A SPECIAL USE PERMIT IN THE M-1, LIGHT
INDUSTRIAL ZONING DISTRICT
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Chapter 205 related to allowing a"towing services" use by a special use permit in the M-1,
Light Industrial zoning district be amended as follows:
SECTION 1.
That Section 205.25 be hereby amended as follows:
205.25 M-1, LIGHT INDUSTRIAL DISTRICT REGULATIONS
USES PERMITTED
C. Uses Permitted With a Special Use Permit
(14) Towin� Service includin� those businesses whose principal use is to tow,
impound, and store motor vehicles:
(a) The stora�e aspect of said towin� service operation shall be secondarv, in
terms of use, to a principal buildin� that houses a towin� office,
repair/maintenance facilitv for towin� fleet, and an interior stora e� area
for a portion of the impounded collection of vehicles.
(b) The towin� service site shall be located on a street with traffic volumes of
less than 1,500 ADT (avera�e dailv trips).
(c) No stora e� of impounded or other vehicles associated with towin� service
business shall be parked on street(s) adjacent to towin� service facilit�
(d) All stora�e shall be located in the side or rear yard of the towin� service
facilitv
(e) All areas where vehicles are to be driven, towed or parked shall be
surfaced with either asphalt or concrete and those parkin� areas shall have
concrete curb and �utter of B6-12 standard or a suitable alternative,
approved bv the Citv En�ineer, surroundin t� heir perimeter.
(� Areas where stored vehicles are intended to be parked shall be fenced,
screened and adequatelv lit from sunset to sunrise for securitv purposes.
Li�htin� shall onlv include shielded downcast fixtures.
(g) Parkin� stalls intended for stora�e of towed vehicles and towin� truck
fleet shall be separated from those required bv Code for customers and
emplovees. Emplovee and customer stalls can be in the side vard or front
vard, but shall not be within the fenced area intended for towed or
impounded vehicles, or the towin� fleet.
(h) No intercom svstem shall be used in the open vard area if site is directlX
adj acent to residentiallv zoned propert�
(i) No crushin�, dismantlin�, or salva�e of vehicles shall occur on the subject
propert�
(j) All towin�operations whose stora�e vard is within 250 feet of a
residential dwellin� at the time of issuance of the special use permit, shall
be required to have limited hours of vard operation, similar to the Citv's
hours of power tool use and construction, which are: 7:00 AM to 9:00 PM
Mondav throu�h Fridav, 9:00 AM to 7:00 PM Saturda�
(k) Towin� services shall not be located within a multi-tenant industrial
complex.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2010
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: January 4, 2010
First Reading: January 25, 2010
Second Reading: February 8, 2010
Publication:
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Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 4, 2010
December 28, 2009
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Public Hearing for Text Amendment TA #09-04 Pertaining to Commercial Permitted
Uses and Exterior Storage
Background
Over the past several years, staff has noticed various text corrections that are needed in the G2, General
Business District, and the G3, General Shopping Center District sections of the Fridley Zoning Code.
These corrections are needed to remove antiquated terms, to clarify the intent of certain sections, and to
remove some text that was missed in a previous text amendment. Rather than place all of these minor
changes in individual text amendments that would have their own separate public hearing, staff chose to
place all of the text amendments in one ordinance with seven sections.
Section 1
The text change to the G2, General Business District, zoning code te�t replaces the outdated term of
lodges with fraternal organizations. The term lodges was never defined in the definitions section of the
zoning code but fraternal organizations is, so it is a better term to use when referring to organizations like
the Knights of Columbus or the Lions Club.
Section 2
Minnesota Statute 340A.601, subdivision 5, does not permit cities like Fridley with municipal liquor to
administer liquor licenses to bars or taverns. It is likely that Fridley's zoning code language was
developed from a template that included bars and taverns as an allowed use, and no one recognized at the
time that the use is not allowed in Fridley's case. Since we are making other corrections, staff thought it
best to make the correction to remove the terms at this time.
Section 3
It recently came to staff's attention that the exterior storage language in the G2 zoning code section did
not read correctly. Staff concluded that the word or was missing from the second paragraph of that section
of code. This wording is consistent with how staff has been interpreting the section for years.
Section 4
Another correction needed in the G2, General Business District, zoning code language is in the screening
requirements for businesses. In 1999, a text amendment was approved by the City, which limited where
merchandise could be displayed for sale outdoors at automotive service stations. This change was made in
the special use permit section of the G2 and G3 code, but a change was intended to be modified in the
screening sections of the zoning code to be consistent as the 1999 text amendment eliminated the ability
to store merchandise at the service pumps. Also, the words except where were included in the G3 code,
but not in the G2 code. Staff is recommending making the language in each of these sections consistent.
Section 5
In the Principal Permitted Uses section of the G3, General Shopping Center Zoning District, clarification
is needed. The way this section currently reads is not the intent of the code. The way it currently reads,
only a laundry or a dry cleaning business would be allowed as a stand alone business on a G3 parcel. The
only other business allowed would be a sexually oriented business and then only if it was part of a cluster
of three businesses that require at least 100 parking spaces. This, of course, is not the intent of the code.
Simply adding the words one of in paragraph two will correct the text and make it read as intended.
In addition, since the City approved a reduction in commercial parking requirements a few years ago, the
minimum 100 parking space line is outdated. After running various calculations on possible development
scenarios on a 35,000 (minimum lot size in G3) square foot lot, staff found 50 parking spaces was a
reasonable minimum number.
Section 6
This change keeps the G3 permitted uses by special use permit code language consistent with the G2
permitted uses. See the explanation above in Section 2.
Section 7
This change is to keep the G3 screening requirements consistent with the same section in the G2 code,
as originally intended.
Staff has not received any calls or questions regarding this text amendment from the public to date.
Commission Recommendation
The Planning Commission held a public hearing on December 16, 2009 regarding text amendment
TA#09-04. The Commission unanimously recommended approval of the text amendment. No one
appeared to testify regarding the amendment at the public hearing.
Staff Recommendation
Staff recommends approval of this staff initiated text amendment, TA#09-04, which is listed in our 2009
Planning Division Goals and Objectives. The amendment would clarify incorrect language in the code,
which is critical now that the code is viewed online by the pubic on a regular basis.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE
PERTAINING TO COMMERCIAL USES PERMITTED AND EXTERIOR STORAGE
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 205.14.1, General Business District Regulations, of the Fridley City
Code be hereby amended as follows:
1. USES PERMITTED
A. Principal Uses.
The following are principal uses in C-2 Districts:
(1) All uses allowed under G1 Principal Uses and CR-1 Principal Uses of this Chapter.
(2) Office facilities, including general business offices, corporate headquarter facilities
and major employment offices.
(3) Theaters, '�� fraternal or�anizations and assembly facilities not including drive-in
theaters.
Section 2: That Section 205.14.1, General Business District Regulations, of the Fridley City
Code be hereby amended as follows:
1. USES PERMITTED
C. Uses Permitted With A Special Use Permit.
.
(1�1) Arcades.
(remainder of section renumbered accordingly)
Section 3: That Section 205.14.7, General Business District Regulations, of the Fridley City
Code be hereby amended as follows:
7. PERFORMANCE STANDARDS
B. Exterior Storage.
(1) Nothing shall be stored in the required front yard.
(2) All materials and commercial equipment shall be kept in a building or shall be fully
screened, so as not to be visible from any public right-of way or adjoining property of
a different district.
Section 4: That Section 205.14.7, General Business District Regulations, of the Fridley City
Code be hereby amended as follows:
7. PERFORMANCE STANDARDS
D. Screening.
(1) Screening of off-street parking shall be required for:
(a) Any off-street parking area requiring more than four (4) spaces or adj oining a
residential district.
(b) Any driveway to a parking area of four (4) or more spaces is within thirty (30)
feet of an adjoining residential district.
(2) Where any commercial district is adjacent to a public right-of-way or across from any
residential district, the following requirements must be met:
(a) There shall be a five (5) foot sidewalk easement provided along the property line.
Council may allow the applicant to delay the installation of the sidewalk, if the
applicant signs an agreement that it will be constructed when the City requires the
installation.
(b) There shall be a fifteen (15) foot planting strip located behind the required
sidewalk that is substantial enough to create a physical separation between the
public right-of-way and the commercial property.
(3) All trash or garbage storage receptacles must be located in the rear or side yard and be
totally screened from view from any public right-of-way. Provisions must be taken to
protect screening from vehicle damage.
(4) All raw materials, supplies, finished or semi-finished products and equipment, not
including motor vehicles, shall be stored within an enclosed building or be screened
on all sides from view from a public right-of-way or an adjoining property by a fence
or other approved screen which extends two (2) feet above the highest item to be
stored with the height of the fence not to exceed eight (8) feet except where:-
(a) A Special Use Permit has been issued for open sales or display.
(b) Materials and equipment are being used for construction on premises.
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Section 5: That Section 205.15, General Shopping Center District Regulations, of the
Fridley City Code be hereby amended as follows:
1. USES PERMITTED
A. Principal Uses.
The following are principal uses in C-3 Districts:
(1) Commercial laundry and dry cleaning establishments.
(2) All uses allowed under G1 Principal Uses and C-2 Principal Uses of this Chapter,
provided they meet one of the following conditions:
(a) All uses are located within a shopping center building or a cluster of three (3) or
more uses using common or shared parking facilities, or
(b) The use facilities require a minimum of �98 50 parking spaces, or.-
(c) Sexually oriented businesses as defined and regulated in Chapter 127 of the
Fridley City Code. (Ref. 966).
Section 6: That Section 205.15.1, General Shopping Center District Regulations, of the
Fridley City Code be hereby amended as follows:
1. USES PERMITTED
C. Uses Permitted With �a Special Use Permit.
. •
(1�0) Garden centers or nurseries which require outside display or storage of
merchandise.
(remainder of section renumbered accordingly)
Section 7: That Section 205.15, General Shopping Center District Regulations, of the
Fridley City Code be hereby amended as follows:
7. PERFORMANCE STANDARDS
D. Screening.
(1) Screening of off-street parking shall be required for:
(a) Any off-street parking area requiring more than four (4) spaces or adj oining a
residential district.
(b) Any driveway to a parking area of four (4) or more spaces is within thirty (30)
feet of an adjoining residential district.
(2) Where any commercial district is adjacent to a public right-of-way or across from any
residential district, the following requirements must be met:
(a) There shall be a five (5) foot sidewalk easement provided along the property line.
Council may allow the applicant to delay the installation of the sidewalk, if the
applicant signs an agreement that it will be constructed when the City requires the
installation.
(b) There shall be a fifteen (15) foot planting strip located behind the required
sidewalk that is substantial enough to create a physical separation between the
public right-of-way and the commercial property.
(3) All trash or garbage storage receptacles must be located in the rear or side yard and be
totally screened from view from any public right-of-way. Provisions must be taken to
protect screening from vehicle damage.
(4) All raw materials, supplies, finished or semi-finished products and equipment, not
including motor vehicles, shall be stored within an enclosed building or be screened
on all sides from view from a public right-of-way or an adjoining property by a fence
or other approved screen which extends two (2) feet above the highest item to be
stored with the height of the fence not to exceed eight (8) feet except where:
(a) A Special Use Permit has been issued for open sales or display.
(b) Materials and equipment are being used for construction on premises.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2010.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
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To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
JAN UARY 4, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra Skogen, City Clerk
December 30, 2009
Second Reading of An Ordinance Amending Chapter 11 General Provisions And
Fees Of the Fridley City Code
As part of the 2010 Budgeting process staff conducted a review of all of the Fees and Charges
that are contained in Chapter 11 under "General Provisions and Fees". This review allocated all
direct and indirect charges and then compared this "fully burdened cost" to the current fees and
charges. Each Department reviewed this "fully burdened cost" to make a determination whether
the current cost should be increased or whether it was impractical to charge the higher cost that
included all of the direct and indirect overhead.
The attached modification to Chapter 11 includes those fees that were recommended by each
department to be increased and each of have been incorporated into the 2010 budget. As you can
tell, a significant change is being made to the rental inspection fees.
The first reading of the ordinance was held on December 14, 2009. The City Council asked for a
few revisions showing current and proposed fees. The old fee is shown with strikeouts and the
new fees are underlined.
Staff is recommending a motion approving the second reading of this ordinance in conjunction
with the corresponding revenues that have been included within the 2010 Budget.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 GENERAL PROVISIONS AND FEES OF
THE FRIDLEY CITY CODE
WHEREAS, The Fridley City Council hereby finds after review, examination and
recommendation of staff that Chapter 11 related to general provisions and fees be hereby
amended and ordains as follows:
CHAPTER 11. GENERAL PROVISIONS AND FEES
Section 11.10. FEES
Code Descri tion Fee
�a �� Condominium conversion (a) 2 ownership units $500
217.04 re�istration (one time fees) (b) 3-7 ownership units $750
(c) 8-12 ownership units $1,000
(d) Over 12 units $1000 +$50 per unit for every unit over
12
� Condominium (annual � license) (a) 2-4 Ownership Units $20
220 (b) 5-12 Ownership Units $30
(c) 13-24 Ownership Units $40
(d) Over 24 ownershi Units $50
202 Construction � Trailers - $30 temporary parking, $75 occupancy
Tem or Offices
101 Livestock � $100 annuall
220 Multiple Dwelling (Ref Ord 1246) Single rental unit �9 $75.00
Two rental units �9-5-9�$125.00
Three units �� $185.00
Four units �� $245.00
Five or more units �� $245.00 lus �� $10.00 er unit.
Reinspection Fee �� $300
Transfer Fee $25
License Fee after Revocation or $150% rimes the annual license fee
Suspension
205 Special Use Q, "'� $1,000 for R-1
e1 n�z� ^ ^'�,,;,�';^�- $1,500 for all others
205 Telecommunications Permit (Was not placed in fee structure originally)
(Secrion 205.3022) $400 on a�proved site
$500 er user to co-locate
205 Vacations ��$1,500
211 Variance Q'"'�� $500 for R-1
$1,400 for all other
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
4t'' DAY OF JANUARY 2010.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
First Reading: December 14, 2009
Second Reading January 4, 2010
Publication:
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 4, 2010
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FRIDLE7`
INFORMAL STATUS REPORTS