01/25/2010 - 4555�
� CITY COUNCIL MEETING OF JANUARY 25, 2010
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FRIDLE7`
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.
PRESENTATION:
2010 Winter Festival
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of January 4, 2010.
NEW BUSINESS:
1. Request for an Extension for Special Use Permit,
SP #07-09, for the Sikh Society, to Allow the
Construction of a Worship Facility in an R-1,
Single Family District, Generally Located at
5350 Monroe Street (Ward 1) ............................................................................. 1- 2
2. Resolution Receiving Report and Calling for
Hearing on Improvement for Street Rehabilitation
Project No. ST. 2010-01 .................................................................................... 3- 21
FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 2010 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Requesting Municipal State Aid
System Construction Funds for Other Local Use ............................................... 22 - 24
4. Motion to Approve Pay Equity Report ................................................................ 25 - 34
5. Claims ....................................................................................................... 35
6. Licenses ....................................................................................................... 36 - 40
7. Estimates ....................................................................................................... 41
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARING:
8. Consideration of the Question and Revocation
of Animal Permit (Dog License) #706 Assigned
to JoJo, Owned by Miles Ware, Jr., Residing at
7470 Lakeside Road N. E. (Ward 2) ................................................................... 42 - 46
FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 2010 PAGE 3
NEW BUSINESS:
9. Resolution Revoking Animal Permit (Dog License)
#706 Issued by the City of Fridley to Miles Ware, Jr . ......................................... 47 - 48
10. First Reading of an Ordinance Amending
Chapter 205, Sections 205.17, Allowing a
"Towing Services" use by a Special Use
Permit in the M-1, Light Industrial Zoning
District (Text Amendment Request, TA #09-02,
by Schmit Towing, Inc., Generally Located at
92 — 43rd Avenue N.E.) (Ward 3) ....................................................................... 49 - 51
11. First Reading of an Ordinance Amending
Chapter 205 of the Fridley City Code Pertaining to
Commercial Uses Permitted and Exterior Storage
(Text Amendment Request, TA #09-04, by the
City of Fridley) ..................................................................................................... 52 - 57
12. Request to Waive Sign Permit Fee for Fridley Alano
Society, Generally Located at 6279 University Avenue
N. E. (Ward 1) ..................................................................................................... 58 - 59
13. Informal Status Reports ..................................................................................... 60
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
JANUARY 4, 2010
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 D. Pribyl, Finance Director
Steve and Sue Schmit, 92 — 43rd Avenue NE
LEGISLATIVE DELEGATION UPDATE:
Senator pon Betzold stated the legislative session will start on February 4. This is the second
year of the two-year cycle. Issues that did not get resolved last year do carry over into the
second year. The second year dies at the end of this session and a two-year cycle will start next
year after the election. This year the focus is going to be on the budget. Last year in the odd-
numbered year, as they always do, they set the two-year budget which started last July 1 and will
go through June 30, 2011. The legislature passed a balanced budget. It had a tax component
which the Governor vetoed. He also used his unallotment authority to shift the negative balance,
but it did balance at the end. Now we have the economic forecast from November which told us
that, although it balanced last spring, the spending track is where it was anticipated, but the
revenues are not.
Senator Betzold said for this current biennium, they are anticipating there will be about a$1.2
billion shortfall by June 3, 2011. There will be another forecast coming out in February, and
those will be the hard numbers that they will be working on. The Governor is going to make his
proposals about mid-January as to how to adjust the current problem. It gets worse because they
also look to the following biennium, the one that is going to start on July 1, 2011. They are
projecting by the end of that biennium there will be a$5 billion deficit. There was a$5 billion
deficit for the last biennium, too.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 2
Senator Betzold stated there were no budget reserves left at the end. The Governor used his
authority to shift some K-12 funding in the next biennium and also pulled some programs. A
lawsuit was filed in Ramsey County over a small part of the unallotment. The judge ruled that
the Governor exceeded his authority and that it was unconstitutional for him to use unallotment
authority at the start of the budget process. The Governor said he is going to appeal the decision.
He said he did not anticipate a quick court decision.
Representative Carolyn Laine stated the unallotment by the Governor included the GAMC
(General Assistance Medical Care) Program. This will not be held up by the courts. The GAMC
has been worked on in the meantime to come up with a solution. There will also probably be a
school shift that will have to be done. They also have the end of the year problem where more
money is needed to be found because it did not come in. This is a very serious time for
Minnesota.
Representative Kate Knuth stated the budget is clearly the big issue on the table, and she
thinks as elected officials when they talk about what this deficit means and why it is there, it is
really important to understand what is underlying it. One key statistic about the $1.2 billion
shortfall that they learned about in November, early December, is that 70 percent of the revenue
decline is an income tax revenue decline. People are working fewer hours, they are not working,
or they are getting paid less. First, that says something about our tax system which we need to
be working on to make less volatile. Second, we need to put Minnesotans back to work Part of
the way they will do that this session is the bonding bill. She thinks there is a big desire to get
the bonding bill out as quickly as possible in order to get more of those projects let this
upcoming summer. There will be a strong component of the bonding bill making sure that we
are funding projects that are ready to go now or by this summer so we can put people to work
then.
Representative Knuth stated she works a lot on energy and climate issues, which is a bright
spot in our economic and jobs future. This will be important as it is one of the few sectors that
has actually grown over the last couple years.
Senator Betzold stated he chairs the legislative commission on pensions and retirement which
consists of five members of the House and five members of the Senate. Their job is to put
together pensions which will ultimately go through the legislative process. It is quite clear that
the major funds, including PERA, are in rough shape because of the loss in the stock market and
the economy. Even if the stock market were to rebound and have great returns for the next 30
years, they are not sure they can make up the losses they have suffered. It looks like they are
going to be coming in with a proposal which would include a combination of
employer/employee contribution increases as well as some cost of living freeze or modest cost of
living increase for the current retirees. Everybody affected by pensions is going to wind up
being affected by this. Of course employer contribution is something that certainly would be
very difficult for most local governments to figure out how to pay. Many employees who have
had wage freezes, if they wind up being told they have to give more to their pensions, it actually
is a pay cut. They are just now getting into those things and will be talking about those over the
next few weeks.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 3
Mayor Lund asked if the legislators expect to see increased lawsuits for the return of
unallotment funds.
Senator Betzold replied it is quite probable that other groups that are affected by it will want to
join in the lawsuit. He thinks they just have to assume that everything is declared
unconstitutional, not just the small programs that have been ruled on. The Governor has said he
is going to appeal. There is probably a way to fast track it, bypass the Court of Appeals, and go
to the Supreme Court. It is possible the Supreme Court could expedite the arguments, issue
some sort of decision, and say the formal opinion will follow later. They are very early in that
process. Nothing happens quickly when you are dealing with those kinds of issues especially at
the appellate court level.
Mayor Lund stated they all recognize the major issue at the State Capitol this year will be the
budget and the continuing deficits. Will they have an expectation that there still will be capital
bonding this year? Will there be money set aside for capital improvement projects?
Senator Betzold replied, no. In fact their desire is probably to get the thing out within the first
week or so. They will see hearings at the Capitol, even though they cannot formally vote on
things until the session starts. The various committees will be meeting in January to kind of
make the recommendations to the capital investments committee and the House and the Senate
so that when they start the session off they have everything locked down and ready to go. He
thinks that is one of the first bills they will see passing through the session.
Senator Satveer Chaudary stated they are going to have quite a difficult three months, and it
may possibly go longer because they have to find all this money and have a sound debate on
what should be cut if anything. Then if the unallotment dollars are reallotted, they have to find
an additional billion or so dollars as well. It is really going to preoccupy their minds and, at the
same time, they cannot let their focus be distracted from trying to establish an improved
economy in Minnesota. That is related to our capital investments jobs bonding bill. This is the
time when they especially need to do that, provide jobs, and make sure that money is circulating
within our economy and restimulated where people are able to work It is very, very critical that
they pass the bonding bill, provide good jobs, and they do it as soon as possible.
Councilmember Barnette asked about the racino issue.
Senator Chaudary replied the racino issue has come up at least every biennium since he has
been in the legislature. He said he does not think the money would come close at all to solving
our budget deficit, and it probably would not even come close to paying for a stadium. It will
probably come up again. Senator Day was the main proponent in the Senate resigned to
primarily lobbying for it. He does not see his own position changing for it although he is always
willing to listen.
Senator Chaudhary stated although he has not read the judge's unallotment order, he thinks the
key issue may be whether that order stated that the unallotment or the proceedings were stayed
pending any possible appeal. He says that because there is a temporary junction issued that
money has to be returned, and the legislative process has to be honored. During appeal,
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 4
depending on how fast that is, whatever money was ordered to be returned could be spent and the
issue regarding that particular unallotment rendered moot, if that money is spent before the final
appeal is decided, unless the order said it is all frozen until appeal. He had a new initiative,
partially unallotted, regarding sustainable design providing cities assistance in providing new
ways to design construction projects to use less water, focus on health standards and provide
training for cities.
Representative Tillberry stated there will be a bonding bill. It is just a matter of what the
Senate decides, the House decides, and the Governor decides and how it eventually gets figured
out.
Representative Laine stated the bonding bill is the only way that Minnesota as a state could
actually encourage jobs. The federal government has other ways. It is the key focus of this
session. Looking at somewhere around $1 billion, and she just today reinitiated the Springbrook
piece of that at a$3 million amount. Regarding the unallotment, the only one that stays is that
little bit for those people who had emergency food assistance for their disability. That is the only
one that has the money returned at this time. Her understanding is that some of the bigger
players, like the cities and counties, are not necessarily looking at going forward.
Councilmember Bolkcom stated there probably will not be unallotment until it this is resolved,
so we hope to get our next payment.
Representative Laine replied, you have to recognize that now when they have come to this out
of session, end of year time, the Governor actually could legally unallot for this $1.2 billion
deficit.
Councilmember Bolkcom stated but then she thinks that would force the City to file a suit
against them.
Mayor Lund stated even if they got it back there is always a cut to the LGA and ultimately that
may go away altogether in 2010.
Williams Burns, City Manager, stated last year they set up an LGA study committee as they got
underway on October 15 and he sat in on the meeting as part of the audience. He was unable to
get on the committee after he asked to be on it. He noticed there were 11 members on that
committee, two chairs, Rod Skoe and Paul Marquart, both from greater Minnesota. He noticed
that only two of the representatives were from suburbs, Linda Scheid (a state representative), and
Ann Norris (city manager from Crystal). He asked if there was anything they can do to get better
representation for suburban governments on the committee? They meet again about the third
week in January. Last time he seriously looked at the LGA, about 5 percent is distributed to
suburban cities, the rest of it is carved out between the greater Minnesota and the two core cities.
It seems to him there needs to be some fairness here with regard to this study committee.
Senator Betzold stated he did not know how often they are planning a meeting but, now that
they are already there and to add more people onto it, they would have to go back and start
getting all those new people. Typically that is not how they like to do things over there. Frankly
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 5
he is not sure of the composition of the House. He knows Representative Tillberry is on the
House task committee. They are actually shy on people, at least senior people, on the Senate tax
committee. He used to be on it but then when he became a budget chair, they have this policy
that if you are chairing part of the budget, you cannot be on the tax committee, because you
cannot appropriate and spend the money at the same time. That forced him off the tax committee
and yet they actually lost a number of senior suburban legislators of both parties as a result of
some of those shifts. They actually had to get Representative Scheid on the committee last year
so they had more suburban representation. He thinks she does a good job. When she was in the
House she was on the House tax committee. She is quite a vocal advocate for the suburbs.
Senator Chaudary stated he trusts Representative Scheid, too, but if Dr. Burns is interested,
some of them could co-author a letter with him to the councilmembers, to the commission, just to
say exactly what he just said where we are "X" percent of the LGA, you want to emphasize we
are here, our interests are represented, etc.
Dr. Burns replied he would appreciate that very much. The suburban legislators make up about
a third of them in the State Legislature. Yet they are underrepresented on this group. He thinks,
if they are going to come up with an LGA formula that has credibility and obj ectivity, it needs to
have a little bit better suburban representation. They only had one meeting. Most of it was
devoted to Pat Dalton and her staff talking about the history of LGA. They have not gotten into
any formal decision-making. It is not like there is a lot to be undone by adding one or two more
representatives.
Senator Chaudary replied, that is fine. They can talk about that but also keep in mind in the
context that a study commission is the very beginning of any process and any proposal that is not
acceptable will more than likely not be acceptable to that one-third of actual legislators who are
actually voting on any proposal.
Dr. Burns replied, he knows but it would be nice to get it in the beginning.
Senator Chaudhary asked what the citizens of Fridley were saying. What are they concerned
about? How is the commuter rail station going, etc.?
Mayor Lund replied, from the limited comments that he has about the Northstar is people like it.
He does not think it is being well utilized in Fridley. He primarily bases that on looking at the
parking lot. It is not anywhere close to being more than a quarter full at best. He thinks it is
going to take time for that and also once people get acclimated to using it, it will become more
like second nature.
Councilmember Bolkcom stated she thinks the big thing is that it does not run often enough for
people in Fridley. Also, there is no overnight parking.
Mayor Lund stated also people in general are struggling financially and they do not want to see
an increase in taxation of any sort. They see increases already in their tax statements even
though their valuations are going down.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 6
Senator Chaudary asked what they can do to help with the foreclosure issue.
Councilmember Bolkcom asked wouldn't the TIF issue help? Scattered site?
Scott Hickok, Community Development Director, stated they do have a piece of legislation
about scattered site acquisition they had before the legislature. They will be bringing that back
to the legislature that would allow the City to buy scattered site housing units across the City and
to basically have those be in housing districts so we can benefit by having those in there as well.
That would be a continuation of a program that we had through the year 2005. It was a very
successful program, but it expired. Not only did we see it being very successful but, as the
Legislature looked at it last session, it seemed that there was a lot of enthusiasm about it. In fact
in the committee that we were before, they felt that it should be statewide, not just Fridley. It
was not just the group of communities in there with Fridley that were asking for that. But for
Ann Rest not being there at a session, he thinks it would have been passed in the last session.
Fridley is very interested in having that revisited and having that come back in this session.
Senator Chaudary stated he did not realize it had expired because he can remember working on
this he thinks for Columbia Heights in 1997 and Fridley was already in or was it the other way
around?
Mr. Hickok replied, Fridley was in.
Senator Chaudary stated, yes, he thinks it should be extended. He agrees that was very helpful.
Dr. Burns stated it started out as a piece of special legislation from Fridley and he thinks it
became a statewide piece of legislation ultimately as it found its way through the process but,
because of the time limits, we did not get it done. We were encouraged and thought there was
some chance of it happening in this next legislative session.
Councilmember Bolkcom stated one other thing would be some type of loan program. People
like to buy foreclosed homes but anybody who is really struggling and the amount of money you
have to have to get a mortgage nowadays is incredible, 20-30 percent, and they are not willing to
loan that money to someone who is going into a foreclosed home that is in pretty bad shape that
needs work but they need the materials to make the home better. If there is some other program
out there besides the scattered site that would help people in that sense.
Councilmember Saefke stated when they were setting our levies this year, it turned out that the
State levy limit actually held us back and most of us know with the City Charter the City is
limited with what it can do. This year the State actually provided the City less of a chance to
increase our levy limit than our own restriction in our Charter. One of the reasons for that is the
confusion that seemed to be down at the State level because when Mr. Pribyl called down there
and the difference in what he had to include for setting a limit between what our LGA was going
to be or certified for and what we actually got and that was the difference.
Richard D. Pribyl, Finance Director/Treasurer, stated actually that was very early in the budget-
setting process for us and because of the unallotment and also the levy limits they had not
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 7
actually been able to, in that point of time, really define how the levy limit was going to be set.
They really did not have anything in writing at that point as far as that levy limit so we were
actually just trying to anticipate and calculate what the limit would be.
Councilmember Saefke asked if that was a State problem.
Mr. Pribyl replied he would not really say it was an issue at the State. This was the first year we
had to deal with this situation with unallotment and levy limits so it was more of a timing issue
with our budget, as early as we actually get into this process and trying to anticipate what our tax
levy would be for the year 2010.
Dr. Burns stated the bigger issue though is the State levy limit. That is the one that the City
could use the help with.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of December 7, 2009
APPROVED.
City Council Meeting of December 14, 2009
APPROVED.
NEW BUSINESS:
1. Receive the Planning Commission Meeting Minutes of December 16, 2009.
RECEIVED .
2. Resolution Imposing Load Limits on Public Streets in the City of Fridley,
Minnesota.
William Burns, City Manager, stated this resolution imposes load limits on City streets. The
load limits are pretty much initiated by the State's Commissioner of Transportation. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2010-01.
3. Resolution Designating Official Depositories for the City of Fridley.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 8
William Burns, City Manager, stated in view of our satisfaction with the services offered by
Wells Fargo Bank, staff recommends that Council appoint them as the City's official depository
for 2010.
ADOPTED RESOLUTION NO. 2010-02.
4. Resolution Designating an Official Newspaper for the Year 2010.
William Burns, City Manager, stated staff recommends the designation of the Sun Focus News
as the official legal newspaper and the Minneapolis Star Tribune as the second official
newspaper for the City of Fridley for the year 2010.
ADOPTED RESOLUTION NO. 2010-03.
5. Resolution Authorizing a Change in the Mileage Reimbursement Rate for the 2010
Calendar Year.
William Burns, City Manager, stated the resolution adopts the 2010 IRS mileage reimbursement
rate. It changes the rate from .505 per mile to .500 per mile. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2010-04.
6. Resolution Establishing Procedures Relating to Compliance with Reimbursement
Bond Regulations under the Internal Revenue Code.
Dr. Burns stated the resolution authorizes the Finance Director to create a declaration of intent
to use the proceeds and general obligation bonds to reimburse the City for costs associated with
various reconstruction proj ects. The proj ects include the 2009 street reconstruction program, the
2010 street reconstruction program, and the 2010 water system improvements. The resolution
has been prepared by the City's bond council and will enable us to comply with IRS regulations.
Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2010-05.
7. Approve 2010 Animal Control Contract between the City of Fridley and Brighton
Veterinary Hospital.
Dr. Burns stated Fridley has been contracting with Brighton Veterinary Hospital to provide
animal impound services since 1997. The contract before them tonight raises the fee for these
services from $1,200 per month to $1,500 per month. This is the first fee increase since 2004.
The City has been very happy with the services provided by Brighton and does not see a viable
alternative. Staff recommends Council's approval.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 9
8. Approve 2010 City Council and Staff Appointments.
Dr. Burns stated the list includes the appointment of Mayor Pro Tem Bob Barnette. Staff
recommends Council's approval of the appointments.
APPROVED.
9. Claims (144516 —144692)
APPROVED.
10. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
11. Estimates
G. L. Contracting, Inc.
4300 Willow Drive
Medina, MN 55430-9701
45th Avenue Outfall Proj ect No. 390
Estimate No. 2 ................................................ $ 33,100.3 8
APPROVED.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the consent agenda. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Councilmember Bolkcom asked Mr. Kosluchar what is happening with the school safety issue
Ms. Olson brought up a couple of weeks ago.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 10
James Kosluchar, Public Works Director, stated he and Don Abbott discussed it last week.
They have been monitoring the situation and looking at some method of suitable signing. It is
not real standard to use private u-turn signage on a two-way street such as that. They actually
have a meeting with Duane Knealing from School District 14 on Tuesday. They should see
some resolution in the next couple of weeks.
Councilmember Saefke asked if they have had any discussions regarding traffic control people.
Mr. Kosluchar stated he and Don Abbott have talked about that internally, but they have not yet
discussed that with the school. Mr. Knealing provided them with a copy of the School District's
circulation plan.
Councilmember Saefke asked about whether they have adult crossing guards.
Councilmember Barnette stated he did not believe they have crossing guards at Stevenson
other than boarding the buses, etc.
Councilmember Saefke asked if a CSO could be assigned there during the school hours when
these problems are occurring.
Councilmember Bolkcom stated the problem she has with that is the City does not have enough
staff the way it is. It is the school's problem.
Dr. Burns stated he agreed that it is more of an organizational issue than an enforcement issue.
The City did tag an individual for making a u-turn there, and our Police Department has been
watching the situation carefully.
Councilmember Bolkcom asked Mr. Kosluchar if he would e-mail them at some point or
provide the information in their packet.
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).
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 8:23
P.M.
Scott Hickok, Community Development Director, stated the petitioner is seeking a text
amendment to add language to the M-1, Light Industrial Zoning District. This would allow
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 11
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 — 43rd Avenue which will be before the City Council when the text
amendment has its second reading on February 8.
Mr. Hickok stated the subject property is 1.99 acres and was developed in 1963 with the
construction of an 8,234 square foot building. In 1982 a shed was constructed on the property as
well. In 1989 a special use permit was issued to a landscape business to allow outdoor storage of
landscape materials and construction vehicles on this site.
Mr. Hickok 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. There was a special use permit for outdoor activities on
this site, but it was not specific to the towing business. That is what the Council is considering at
this time.
Mr. Hickok stated 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 in
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 junkyard
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."
Mr. Hickok 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. The petitioner is requesting a text amendment to add language to the
M-1 zoning district which would allow towing services by special use permit. The City currently
does not allow this exact use in any of the zoning districts within the City. The Code does,
however, allow junkyards, repair garages, and other intense types of uses within our industrial
districts with a special use permit.
Mr. Hickok stated the Future Land Use Map in the City's Comprehensive Plan guides the
subject and the surrounding properties as redevelopment. The intent would be for these
properties to remain industrial. The purpose of including it within the redevelopment area was
intended to suggest that there may be a need for updating many of our industrial properties that
are located in this general area. Industrial uses typically involve wholesaling, warehousing,
manufacturing, construction, or services uses. While the proposed use is not as intensive as
many of those industrial uses that would be permitted in this zoning district, the proposed use
would fit best within the industrial district as is being suggested.
Mr. Hickok stated the petitioner's business is located at 92 — 43rd Avenue and it is zoned M-1,
Light Industrial. Of particular importance when considering this 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 in that same district.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 12
Mr. Hickok stated based on the businesses surrounding the existing business it seems very
reasonable that this type of business would exist without causing disruption to the neighboring
properties. Staff finds that towing service use where the 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, those conditions and how the petitioner plans to meet them,
are analyzed as follows:
(a) The storage aspect of said towing service operating 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, storage of
vehicles, and light maintenance of the towing vehicles. The storage of towed
vehicles is considered secondary to the principal use, the building on 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). Forty-Third Avenue only averages about
900 trips per day. The reason for this condition is 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.
(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 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 yard will be moved to the rear
yard and not stored there in the future.
(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 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
fixtures.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 13
(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 me�
(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 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 is a freestanding building.
Mr. Hickok stated the reason for stipulation (k) is when a multi-tenant building has been
designed for a certain amount of parking to accommodate those multitude of tenants, you do not
want that parking to then be consumed by vehicles that are being brought back to the site by the
towing operation.
Mr. Hickok stated while conducting an on-site inspection, staff noticed that the petitioner's
freestanding sign appears to be within the public right-of-way. The petitioner did articulate to
staff that their property line actually extends into the street. This is one of those rare times where
the property line is not outside of the roadway but actually out in the center of the roadway. As a
result their sign location is okay. It does not present any sort of danger where it is.
Mr. Hickok stated staff also reviewed the site to ensure that parking demands will be met as
well as landscaping requirements. It is a very nice looking site and it has been well maintained
and well landscaped.
Mr. Hickok stated the Planning Commission held a public hearing and recommended approval
of TA #09-02 on December 16, and their motion carried unanimously. Staff recommends
concurrence with the Planning Commission. The next steps would be the first reading of an
ordinance on January 25 and second reading of an ordinance and special use permit review on
February 8.
Councilmember Bolkcom asked what business trailers were.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 14
Mr. Hickok replied they do in this particular business haul specialty/expensive vehicles which
are towed inside an enclosed trailer, rather than on a flatbed or towed behind a typical towing
type vehicle.
Councilmember Bolkcom asked regarding Stipulation (h), it just says if it is adjacent to a
residentially zoned property, the nearest one is 660 feet in this one. She asked what it meant to
be adjacent.
Mr. Hickok said the City would have very few M-1 properties that would be able to have that
distance, 250 feet, between a dwelling unit that is zoned residential and the business itself. We
want to protect those businesses. In the event they were closer to 250 feet, they could not use the
yard intercom because we would not want that to be disruptive to adjacent property. In this case
they are well over that. In another M-1 property, if you have anything less than 250 feet, not
only would they have that intercom restriction, they would have a yard use restriction. This was
not done with any sort of malice, but it was done with a purpose. There needs to be yard control
and, if it is really close to residential, the backing of trucks, beeping of trucks, towing of vehicles
in and out of a site, really probably cannot happen and co-exist with the residential nearby. So
here again it is going to be a rare M-1 site where this is going to be permitted. Staff put the
standards in there specifically to limit it to sites where it actually does work.
Councilmember Bolkcom asked so why does it not just say 250 vs. directly adjacent? Is that
not left up to interpretation? The reason she is bringing it up is over on Ashton, where there are
some industrial properties, she hears occasionally from the neighbors there about the intercom.
Those people are further away but they complain about the noise from the intercom and backing
of trucks, etc.
Mr. Hickok stated if Council felt so compelled, that language could be taken out.
Councilmember Bolkcom asked if the reason "Sunday" was not included in Stipulation (j) was
that the City does not allow any activity on Sunday.
Mr. Hickok replied, correct. The petitioner would not be restricted to that because they are not
within that distance but, if you were, that might be a factor that would cause a towing operation
to not want to be there. They could not tow on Sunday. That would probably be unworkable for
them. They would not see a towing service less than 250 feet from a residence.
Councilmember Bolkcom stated her other concern is they can basically tow any time of the day
or night. Backing up and beeping noises which she believes would carry more at night. There is
a neighborhood which, granted, is a ways away from there, but there will be towing and up and
down the street. There will be big vehicles going in and out. She asked what their hours of
operation were.
Mr. Hickok replied, he believe they have quite a broad timeframe in which you can pick up your
vehicle. From what he understands they do have evening staff as well as daytime staff. He
thinks it is possible for someone to come later into the evening to pick up his or her vehicle.
Councilmember Bolkcom stated there is residential property there. There are some concerns
about some of the other properties that are further north of Main Street, and they are even closer.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 15
Some of that activity at some of those businesses is present, and a lot of those businesses are not
open 24/7.
Mr. Hickok said Schmit Towing has been in operation for a couple years, and the City has not
heard one complaint about any aspect of this business at all.
Councilmember Bolkcom stated but, again, this is not just related to them. Someone else could
come along and do this in another neighborhood where they might be in a closer proximity and
maybe there is no property like that right now. Maybe we should feel comfortable because there
also still has to be a special use permit, so if there were issues related to another business like
this, they could look at it.
Mr. Hickok stated that is exactly why this should not just be a text amendment. It should also
be a special use permit. As with all special use permits, staff will review them on an annual
basis and, if there is a problem, either there needs to be adjustments to the stipulations or it is
possible that if it is proven they cannot co-exist with residential, then the special use permit
would go away. He thinks the protection is built in through the special use permit, and it is not
just meant to be a pure text amendment that allows it by right.
Councilmember Bolkcom stated but on the other hand, if they are complying with all the
stipulations, but it does not co-exist with the neighborhood and there are complaints, it might be
legally hard for the City to say they cannot have the special use permit anymore.
Fritz Knaak, City Attorney, replied if they are complying with the terms of the special use
permit, you cannot pull the permit.
Councilmember Bolkcom stated if they are complying, the City could have a potential problem,
not necessarily with this business but another business.
Mr. Hickok stated that is the purpose of a special use permit where you could not revoke it if
they are complying with all these things. There is also the annual review that talks about impacts
and reviews and analyzes whether the impacts are beyond the stipulations in the special use
permit. Certainly they have that review opportunity to bring that item back before Council and
discuss what impact it is to a neighborhood. He does not think any business in this situation
would find themselves saying, look, we are going to continue doing it regardless. He thinks
upon review, the City Council, we would see corrective measures being taken. He thinks there is
quite a healthy list of stipulations that are meant to protect precisely what the Council is
concerned about.
Councilmember Bolkcom stated that is her only point is that they have to really look at this and
make sure they have all the terms that would protect people that live close to the properties.
Councilmember Saefke stated he does not have any problem with this particular special use
permit, but he does agree with Councilmember Bolkcom that if it is applying to all future ones,
they would have the opportunity to take into consideration the neighborhood any of them would
be going into before they issue a special use permit. That is why they have special use permits,
so they can take a look at certain aspects of any business or any use on a property and have the
opportunity to make additional stipulations if necessary.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 16
Mayor Lund stated those businesses who are preexisting are going to have a problem with this.
He asked how many other towing companies were in Fridley.
Mr. Hickok replied, one. It is actually a towing company; and it is not in an M-1 district.
Mayor Lund asked is that Northeast Towing?
Mr. Hickok replied, yes, and it is a preexisting non-conformance. It is actually in a commercial
district.
Mayor Lund asked what the zoning was at Gary's Automotive.
Mr. Hickok replied, C-2, General Business.
Mayor Lund stated the issue that he has is a couple of these elements is if they were to agree
with these, and these become part of the ordinance and becomes conducive to any other
facilities, he thinks it actually puts Northeast Towing out of business.
Mr. Hickok replied, that is a different zoning and it is a preexisting non-conforming use there.
It would not be able to come back and relocate there in the future. If it were to find a new
location in Fridley, it would need to find an M-1 location. It would not be an ideal spot for a
towing business anymore.
Mr. Hickok stated they did have one other in an M-1, that was in the Sam's Auto operation
building, which is a multi-tenant building. For all sorts of reasons that did not work there and
would not work there according to these standards. We have one other business that is a service
operation which has a tow truck in case they need to bring somebody back to their garage. That
is on the corner of Osborne Road and Highway 65. They had a fleet there at a point. The City
reminded them that, although they were preexisting, and have had a tow truck back from the time
they began service, they are not going to let that evolve into a towing service there because
frankly that comes with their fleet, vehicles on the site that they have not planned for and other
things. They have now brought it back to one tow truck.
Mayor Lund stated some of the elements might be a little restrictive given the fact that if it does
not affect current non-conformance. He asked if the City is now asking Northeast Towing for a
$1,500 towing permit and if they would then come under the stipulations.
Mr. Hickok replied, it is still being evaluated. After a lot of discussion/analysis/research on
that, staff has come to a conclusion they were a towing business years ago. They cannot
geographically expand it, but they also are not likely to get a special use permit. They just need
to know they are preexisting, non-conforming, and they need to continue their operation the way
they have. If they wanted to expand they would need to move to a different site, and M-1 would
allow them that. It will be hard though to find an M-1 site. Staff has also done analysis and
applied these stipulations to an M-1 site because they needed to find a place to allow towing in
the City; but it could not be in every M-1 site.
Mayor Lund stated he thinks M-1 is not going to do it. He recalled when Citywide moved into
Fridley, the first thing he did is contact City Hall and see if that would be permissible in an M-1
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 17
and it was. Now, upon review, staff is coming to Council and saying we want a number of
stipulations here and identifying M-1 as acceptable with a lot of stipulations, one of them being
okay with a multi-tenant industrial complex. There are a number of those facilities in Fridley
where there are multi-tenants. In fact, Citywide very successfully operated in Fridley for a
number of years, and there were three tenants in that building. Although they were pretty much
strictly AAA where rarely they had vehicles there and they had limited space for parking.
Mr. Hickok replied it is a different business, and staff has done so much analysis of that site and
determined a lot of that storage is for the car repair portion. They had a tow truck related to the
business which they grew up with basically and became a preexisting non-conforming use there.
They are very different though and, if you were to compare them with the Schmit operation, you
would see it by the size of the fleet, the amount of towing that they do.
Mayor Lund stated it kind of rubs him the wrong way that they are redefining by ordinance our
towing operations in general at the same time they are looking at Schmit Towing. Their only
other competition in Fridley is Northeast Towing. A multi-tenant complex is really limiting. His
facility was a multi-tenant and that no longer would fit. He is certain they had no issues but they
were a little specialized. A towing operation, such as Northeast Towing, they have residential
behind them that was built up afterwards.
Mr. Hickok stated as he has said, they are a preexisting, non-conforming operation. They are
not asking to be M-1, they would not be living under the M-1 provisions we are outlining here.
A towing service that needs to live by all these stipulations might want to say, hold on a second,
you have this operation over on Old Central and they are not living by any of these stipulations?
Mayor Lund replied, Citywide was actually next door to the salvage yards on 73 '/z they moved
into Fridley because nobody wanted a towing company in their community. They have since
moved.
Mr. Hickok stated that was precisely the problem. There was no district that actually said
"towing service." Staff used some discretion there to say, look, its neighbors are salvage yards
and it has a yard in this particular case where in the event they needed to impound a vehicle.
When the City is asked very specifically about a towing business, where it goes, and whether or
not a site is adequate for a very large fleet and for a towing business that, he would say is a quite
large scale towing operation, then he thinks they need to take it to Council. Staff is telling
Council it is beyond staff's discretion and hope Council agrees with them and tells them whether
they are right or not. Staff thinks the M-1 probably is right and the stipulations probably fit but if
they are wrong, tell staff where a towing operation goes in the City. He does not think it is right
from a legal question perspective for the City to say it does not fit anywhere. We need to define
what district it does need to go in and then, once we decide what district it needs to go in, then
say by what standards.
Mayor Lund stated and he understands that. He is trying to clarify they are okay to stay where
they are, but when they sell or vacate, it is not coming back.
Mr. Hickok stated they can even sell a non-conforming use, they cannot expand.
Mayor Lund stated back to Citywide's case, this was under the types of guidelines staff is
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 18
recommending to Council. As an example when they were here, they also would no longer be
permissible, they would have to get a special use permit under an M-1 where before they did not
need one. It was permissible in the M-1. There were salvage yards up the street and one of the
things they needed was towing. In Citywide's case, they were a little specialized and were not
storing vehicles. In this case, even in an M-1, it is a good fit for a towing company. He thinks it
might be a little restrictive in multi-tenant. He would be more concerned about the type of
operation, and if they have adequate space for vehicles to be parked there. You have to take into
consideration how many employees you have. It might be too restrictive in that it has to be a
stand-alone building. He asked what the zoning was for the buildings behind Bob's Produce.
Mr. Hickok replied there is some M-1, M-2, and there is the Onaway further out.
Mayor Lund stated what about the area closer to University Avenue.
Mr. Hickok said a lot of that is M-1.
Mayor Lund said and that is all multi-tenant. He cannot see where towing would fit in there
because it is relatively small.
Mr. Hickok stated it is going to be a rare multi-tenant building that is going to actually work for
a towing operation because you have a reliance on a landlord and even a little on the City. There
is a certain parking ratio expected for that building; and it was not expected that cars that are not
being attended to, that might be fenced in, are going to take up some of that parking. It is an
after-the-fact situation where you are towing vehicles, parking them in parking stalls that were
intended to be shared by tenants. He honestly thinks you would be asking for problems putting a
towing business in a multi-tenant operation.
Mayor Lund stated a lot of them are not going to want it. That is a pretty visible site in that
particular case. Even the landlord might not want to do that as it may deteriorate from the image
of, for example, Mattress Giant.
Councilmember Bolkcom stated the other issue is because multi-tenants change, the businesses
change pretty frequently and it would be much harder for City staff to maintain the parking
spaces and relationships and actually watch over that.
Mayor Lund stated he just wanted to make sure they are clear about what is too restrictive. In
the case of Citywide you have "X" amount of square footage of the building, you get a
proportionate share of parking outside. They could only use so much space. It was
proportionate to the space they rented. If they rented 25 percent of the building, you have 25
percent of the parking. That seems to be a fair way. He mentioned traffic counts and asked if it
was a little restrictive to say it could only be on a lesser-traveled street. He thought towing
companies might be located on a business street.
Councilmember Bolkcom stated she thought you might not want to be bringing in big vehicles
when you have a very well traveled road.
Councilmember Varichak asked about paragraph (d), the business trailers that are currently in
the front. She asked why they were in the front of the building and not the back.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 19
Sue Schmit, 92 — 43rd Avenue NE, said it was no longer there. The reason it was out there was
because they had lettered the whole outside with the Schmit Towing, and it is kind of a fancy
trailer having all kinds of information about their business. They parked it out front almost as an
advertisement. When they were told it should in the back, they moved it to the back.
Councilmember Varichak asked if there was enough room in the back for all the business
vehicles and cars.
Ms. Schmit said there was plenty of room.
Councilmember Varichak asked about paragraph (f). She knows they have had issues with
screening, fencing, landscaping, etc. She asked if the existing landscaping met the City's
criteria.
Mr. Hickok replied, yes.
Councilmember Bolkcom asked Ms. Schmit if they are a 24/7 facility.
Ms. Schmit said their pick-up hours are from 8 a.m. to 5 p.m. The only traffic that goes in and
out of there after that would be their guys coming back in with the trucks and getting in their
vehicles and going home.
Councilmember Bolkcom asked if they are towing vehicles all day and night.
Ms. Schmit replied, they are towing vehicles 24 hours, but they do not tow them to the site.
They are bringing them to repair shops. Very few cars actually get towed into their facility.
Councilmember Bolkcom asked about the vehicles mentioned that are there for 48 hours.
Ms. Schmit replied, occasionally they will have a private property impound where they will go
to a customer's lot, a dealership, or an apartment complex, and if they have an abandoned
vehicle, they will bring that back to their facility. If the vehicle is improperly parked or if they
are plowing a lot and somebody did not move their vehicle they will tow it to their lot. Ninety
percent of the cars are picked up within 24 to 48 hours. If it is a totally abandoned vehicle, they
have laws they have to follow for sending letters to the registered owner(s) and lienholder(s) and
they have to legally hold them, if they are not a junk holder, for 45 days. At the end of that
period they would dispose of it.
Mayor Lund asked if Anderson Trucking Service on Old Central is closed.
Mr. Hickok stated that is another industry they are working with.
Mayor Lund asked what the zoning was.
Mr. Hickok replied, M-1. It is a trucking company only by virtue. It was there before the M-3
was created in 1993. It would not be able to be there today. It has really discontinued as a
trucking operation in that location and most recently was a construction operation. There would
be a challenge to continue use of that site as a trucking operation now.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 20
Mayor Lund stated it is not a multi-tenant building. It is going to be less than 250 feet from
residential as it is right across the street. This would not be an acceptable towing facility site
either because, first of all, it is within 250 feet of residential. Seems to him it would be
reasonable to go from trucking and then to towing. He asked if Old Central exceeds the 900 trips
per day.
Mr. Hickok replied, yes. By a long shot.
Councilmember Bolkcom stated even it is within the 250 feet, they can still go there, but it is
between 7 a.m. and 9 p.m. at night.
Mayor Lund stated, yes, but if you have a big trucking operation and you have a big rollover on
the interstate at 2 a.m. or a car crash some place, they have to say, we cannot tow it into our
facility because we cannot operate then.
Councilmember Bolkcom asked Ms. Schmit if they have a badly crashed car do they tow it into
their facility or do they tow it someplace else usually?
Ms. Schmit replied, 90 percent of the time it will go to a repair shop. Unless you have repair at
your facility.
Mayor Lund stated, for example, if people are seriously hurt and the vehicle is towed through
the State Patrol or city police, where are those vehicles towed?
Ms. Schmit replied, in that case a city vehicle or State Patrol vehicle would be brought to their
site. Unless the car owner or the police tell them to tow it to their facility, they could not do that.
Mayor Lund asked if the car owner is incapacitated or unreachable, where would they tow the
vehicle.
Ms. Schmit replied, then the police would have them bring it to their facility.
Mayor Lund asked where does the 900 trips come from.
Mr. Hickok stated 900 is what their average daily trips are. One of the things he should point
out is, as staff evaluated this, they see this as a land-intensive use and not necessarily a neighbor-
friendly use. In light of that, the decision had to be made as to how acceptable do you want to
make this as a use. In certain circumstances it probably works, but in every circumstance would
you want it? Would you want it on the Anderson Trucking site? It is not the most attractive land
use you could put out there. Not a very good re-use of the Anderson Trucking site. Definitely
not a good re-use of a multi-tenant industrial site. There are certain M-1 areas where it would
work This would be one of those but, for all the reasons pointed out, he does not know if you
want a large vehicle business. At Shorty's he did see at times that they were towing in a semi
and they had their very large 16-axle or whatever it was, towing in a very large vehicle and the
traffic on Osborne was affected by it. He does not know if you want your traffic flow affected.
Staff picked something where trip numbers were small.
Councilmember Saefke asked how much of an effect do our ordinances have on county roads
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 21
because we do not have the authority to put up stop signs or any other signage on county roads.
That is a county road and they have their own restrictions and applications.
Mr. Hickok said the City, through the enabling legislation from the State, has been given the
ability to control the land around those roadways. When it comes to platting, the County plays a
role because of the access onto those roadways. Signage is an issue that the County controls, and
the City would work with the County on that. As far as the land use goes, it was deemed
necessary to have the local jurisdiction control the land use. The City always sends rezoning
applications, just as a courtesy, to the County; but they do not have a legislative ability to say,
no, you cannot have that use there.
Councilmember Saefke replied he understands that on the actual land, but he was talking about
the roadway.
Attorney Knaak replied, that depends. Mr. Hickok succinctly laid out what the parameters are
that you can do. In terms of the City controlling the actual road use itself on a County road is
next to nothing as a practical matter. However, if you are controlling a use, depending on the
kinds of controls you put into your zoning ordinance, you have the right to regulate the intensity
of a use at a specific site. For example, while you might not be able to regulate the use of the
road once the trucks get on it, but you could regulate, say in a warehouse situation, the number of
access points or places where the trucks go in and out. You can regulate the length of the lines
for the trucks and the use, etc. You can do what you want to regulate the traffic indirectly by
regulating the use on the property itsel£ That is the best way to do it and the way that it is
normally done. You do not directly regulate or say you can use the county road this way or that
way.
Councilmember Saefke asked if it would be better if they just eliminated the 1,500 traffic count
because as they look at the use of the land itself, for every individual special use permit they can
take that factor into account for the use of that property. Is that correct?
Attorney Knaak replied using a traffic count is a way of ineasuring the intensity of a use. By
quantifying that you are actually well within your rights as a City to regulate the use in a
commercial area if it chose to do that. That is a fairly common way of doing it in a commercial
zone.
Councilmember Saefke said but what they are doing is using a traffic count that perhaps has
nothing to do with the use of that particular property. Just because somebody is driving down
Central Avenue does not mean they are going to pull into any M-1 or M-2. Same with
Mississippi Street, Osborne Road, Highway 65, or University Avenue. It does not mean they are
going to stop in Fridley, and there is the traffic count on the roadway that the City does not have
the authority to regulate.
Councilmember Bolkcom stated, yes, they do. As an example, it is similar to 57th Avenue. We
do look. When we were looking at townhome/condo developments, we were looking at
increases with the trip generation there. We do have enough ability to say, yes, this will cause it
to be an "F" instead of an "E."
Councilmember Saefke asked if 57th was a county road from Main Street to Seventh Street.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 22
James Kosluchar, Public Works Director, replied to University Avenue.
Councilmember Bolkcom stated that is the area she is talking about. When they have had
different developments looking at going in there, for example, the Holiday Station, they looked
at how much more trip generation there would be and whether it would cause it to now become
and "F" instead of "E." She asked Councilmember Saefke what number of trips he thought it
should be.
Councilmember Saefke replied, he suggests that it should be eliminated.
Councilmember Bolkcom said she does not think it should be totally eliminated.
Councilmember Saefke asked why not. They take those things into consideration before
issuing a special use permit. Limiting it to a number certain, then you are not taking into account
the roadway, first of all. To him those county roads differ from our own streets.
Mayor Lund asked whether United Defense Properties, now BAE Systems, was still owned by a
private enterprise and BAE Systems rents part of that out.
Mr. Hickok replied, correct. It is zoned M-2, not M-1.
Mayor Lund asked if towing is only acceptable in an M-1 or would it be permissible in M-2 and
M-3 as well.
Mr. Hickok replied the M-2language that carries over an M-1 use would only carry it over with
stipulations that would be standard to the district.
Mayor Lund stated saying it would be permissible in an M-2 might be a good spot. There is no
housing around, they are looking for other tenants, it is a huge site, a lot of parking there, it is by
the railroad tracks and is a heavy industrial area.
Mr. Hickok stated the Planning Commission did seem to support this logic but would you want
to use your valuable industrial land in this way? There are certain properties where this might
work where you put it, and that is going to be in an out-of-way place. Do you want your main
industrial thoroughfares taken up by a use that is outdoor intensive, less attractive, and that has a
potential for disrupting traffic and other things? You do not want it on a BAE site, Old Central,
University Avenue, Osborne Road where it could disrupt its neighbors. He is sure towing
businesses would want to come to Fridley, but is that a good industrial land use for us? On this
particular site it seems to work, but he would say we do not want to use up our land with towing
businesses.
Councilmember Saefke asked regarding the 1,500 count, does that mean that anybody who
comes to them requesting a special use permit, do we provide that traffic count or would they
have to.
Mr. Kosluchar replied they would if the City did not have any on record.
Councilmember Saefke asked if the City does routine traffic counts.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 23
Mr. Kosluchar replied yes.
Councilmember Saefke asked how often.
Mr. Kosluchar replied every four years.
Councilmember Bolkcom stated she would really like staff to look at the "intercom" stipulation
and change it to the 250 feet, instead if saying "directly adjacent" so there is no question.
Councilmember Barnette referred to the area behind Baggan's Pub. There used to be a
trucking company behind there. Is that still there? If not, would that be a reasonable site?
Mr. Hickok said the area is M-2, Heavy Industrial, along the river. It could be an eligible site if
it met all the criteria.
Mr. Hickok asked Councilmember Bolkcom for clarification regarding the 250 feet or less.
Would that be from the dwelling unit itself that is zoned residential?
Councilmember Bolkcom replied, correct.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 9:32
P.M.
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.
MOTION by Councilmember Barnette to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 9:37
P.M.
Mr. Hickok stated this is a lot about housekeeping. This text amendment contains seven
sections that require clarification. In Section 205.14, Principal Uses, the terms lodges is outdated
and was never defined in the Code. Staff recommends that we replace it with the words,
fraternal organizations since that is already defined in the Code and would cover lodges as well.
Mr. Hickok stated, Section 205.14(1)(c), Uses Permitted With a Special Use Permit, lists bars
and taverns. Because state statute would prohibit us from issuing liquor licenses to bars and
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 24
taverns when we are a municipal city, only restaurants, hotels, and clubs can be issued liquor
licenses in Fridley. Staff thinks it is important to take the words bars and taverns out.
Mr. Hickok stated the word or was missing from the second paragraph in the storage language
in the C-2 zoning code section and did not read correctly.
Mr. Hickok stated in 1999 a text amendment changed the sales display requirements for service
stations. There was similar language under the screening section of the commercial code. That
should have also been changed at the time. In addition, the words except where are missing.
Mr. Hickok stated during a recent move of C-3 Business, staff discovered that there are missing
words in the principal use section of the C-3 code. The missing words one of greatly impacts the
intent of the Code.
Mr. Hickok stated also recent parking reductions in Code in commercial parking requirements,
staff found 50 parking spaces was a reasonable minimum number. Also removing the reference
to bars and taverns being allowed with a special use permit also needs to be removed and the
subsequent allowed uses will then need to be renumbered.
Mr. Hickok stated in the C-2 section of the Code, remove the reference to "(c) Merchandise is
located on a service pump island" since in 1999 that text amendment resulted in only allowing
merchandise to be stored within four feet of the front of the building.
Mr. Hickok stated the Planning Commission held a public hearing on all these changes on
December 16, 2009; and they unanimously recommended approval. No one from the public was
there to speak, nor did anyone contact staff or appear to testify in that public hearing.
Councilmember Bolkcom asked what "assembly facilities" were.
Mr. Hickok replied this is important as they talked about Ralupa because our Code, as many
codes do around the Twin Cities, allows assembly facilities.
Councilmember Bolkcom asked what is Ralupa?
Mr. Hickok stated it is the religious laws governing use of property. An assembly facility would
be a church, something like a church, a place of worship.
Councilmember Bolkcom asked why does it say, not including drive-in-theaters?
Mr. Hickok stated at some point in history this ordinance was meant to distinguish between
theaters and outdoor theaters.
Councilmember Bolkcom asked whether there should be some type of punctuation there.
Mr. Hickok stated he would like that phrase to be placed right after the word "theaters."
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 25
Councilmember Bolkcom asked regarding page 58 of the packet, (2)(a), it says the Council may
allow the applicant to delay the installation of the sidewalk if the applicant signs an agreement
that will be constructed when the "City" requires the installation.
Mr. Hickok stated it should say "Council."
Councilmember Bolkcom said on page 56 of the packet, 4(b), is that saying that all the
materials and equipment can be sitting there while it is being used for construction?
Mr. Hickok replied, you could not have materials there that are being used for construction
elsewhere. This is only for those materials and equipment that are being used for construction on
the premises.
Councilmember Bolkcom referred to page 57 of the packet, section 6(1), "Garden centers or
nurseries which require outside display or storage of inerchandise," is that like the Home Depot
issue? She does not understand that one.
Mr. Hickok replied yes.
Councilmember Bolkcom asked do we actually allow it even with a special use permit. What
about Home Depot where they put their stuff out in the front?
Mr. Hickok replied, yes, they have a special use permit; and they are operating correctly as a
garden center with a special use permit in the district they are on. As a provision of that special
use permit, it says they cannot have anything outside of that on the sidewalks and in the parking
lot.
Councilmember Bolkcom stated but the language makes it sound like she can have it, if she has
uses permitted within a special use permit.
Mr. Hickok replied, this is meant to distinguish a garden center or nursery that would be within
the complex. What this is saying is if it is going to be outside or requires an outdoor display,
storage of inerchandise, it will require a special use permit.
Councilmember Bolkcom asked if we allow it.
Mr. Hickok replied yes, with a special use permit.
Councilmember Bolkcom asked if Home Depot could get a special use permit and put all the
plants they want outside their facility.
Mr. Hickok replied, no. Our standard across that board has been that the special use permit
requires architectural integration into the complex.
Mayor Lund stated it does not say all the stipulations that are going to go with the special use
permit.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 26
Mr. Hickok asked if Councilmember Bolkcom wanted additional language there. When you list
a use as a special use you are linked by what standards the City expects you to abide by to do
that use. Is she asking that they include the Home Depot standards there?
Councilmember Bolkcom replied, either that or just cross out the "require outside display or
storage" and just leave it as garden center or nursery needing a special use permit.
Mr. Hickok replied there are two things she is suggesting here. Both are good. He thinks if
there is a preference though, now would be the time to list those standards/stipulations that we
have applied to a garden center. That would probably be even better than crossing out the words.
Councilmember Bolkcom asked how many stipulations there are for the garden centers.
Mr. Hickok replied there are about 17 stipulations.
Mayor Lund referred to page 57 of the packet at the very top, item "(c) Merchandise is located
on a service pump island" is crossed out. Does this mean that merchandise was allowed, located
on the service pump islands?
Mr. Hickok replied, in 1999 the City changed it to not allow it.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 9:48
P.M.
OLD BUSINESS:
14. Second Reading of an Ordinance Amending Chapter 11, General Provisions and
Fees, of the Fridley City Code.
Richard D. Pribyl, Finance Director, stated as part of the 2010 budget process staff did conduct
a review of the fees and charges. Those resulted in a few recommendations by department
managers. The 2010 budget did reflect those changes. On December 14 the first reading was
presented and tabled pending some clarification on some suggested changes to the ordinance to
assist in showing the suggested changes, underlines and strikeouts have been used to show those
changes.
Mr. Pribyl stated the first two items related to condominiums and it is recommended word
changes only, with fees remaining at the current level with no changes suggested. The fee
changes being recommended generally are rental housing related fees. The rental fees actually
decrease on a percentage basis as one moves from the single-family rental unit to over five units,
spreading some of these fixed costs over a higher number of units. Staff recommends approval
of the second reading of the ordinance change.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 27
Councilmember Bolkcom stated she is trying to recall the conversation related to the
telecommunications permit, because it was $400 on an approved site. She thought she brought
up the question regarding if three companies wanted to go on the same site, it would be $500 per
use to co-locate.
Mr. Hickok, Community Development Director, replied "per user" was her suggestion on the
co-location.
Councilmember Bolkcom asked about the difference in amounts.
Mr. Hickok replied, it would be $400 for a telecommunication user to come in and locate on an
approved site. Any subsequent co-locate would be a$500 fee. On top of the $400 fee on the
original approved site, there are the other engineering review and permit fees to go with the
structure being built.
Councilmember Bolkcom stated they really need to look at these rental fees and look at the fee
study in the event they need to make changes again next year. She is really concerned that our
rental housing is costing us a lot more than what we are getting fees for. We have heard from
Chief Berg that we are going in the hole and this is not going to bring us up to that number.
Mr. Pribyl stated he talked to Chief Berg who stated that it is his intent to actually bring these
up so the budget is matching the expense. However, due to the increase, he wanted to do it in a
couple of steps. It is his intent with the future budgets to actually recover those costs.
William Burns, City Manager, stated he recalls the fees are going up by 29 percent. They are
also going up with conjunction with what other cities are doing with these fees as well.
Mr. Pribyl stated they are trying to it somewhat in line with what other cities are charging.
Councilmember Varichak asked if other cities losing money with those fees.
Dr. Burns replied possibly.
MOTION by Councilmember Barnette to waive the second reading of the ordinance and adopt
Ordinance No. 1263 on second reading and order publication. Seconded by Councilmember
Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
15. Informal Status Report
Councilmember Saefke mentioned that for those of us who have private garbage haulers
picking up yard waste, it is now illegal to use non-biodegradable plastic bags for it.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 2010 PAGE 28
ADJOURN.
MOTION by Councilmember Barnette, seconded by Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 10:02 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
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Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 25, 2010
January 19, 2010
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Consideration of an Extension for SP #07-09 for the Sikh Society Property at 5350
Monroe Street
ANALYSIS
On November 5, 2007, the City Council approved a special use permit to allow for the
construction of a new worship facility on the vacant lot at 5350 Monroe Street, which will be
used for the Sikh Society's new temple.
On January 5th of 2009, the City Council approved a one-year extension to allow the Sikh
Society additional time to figure out access issues to their site and to secure funding.
City staff was recently contacted by the President of the Sikh Society, asking for an additional
extension. He states that "they have experienced several delays working on this project,
especially due to the down turn of the economy and the effect it has had on financing for the
project. They are hopeful that the situation will start to improve soon allowing them to arrange
financing to complete the project."
PLANNING STAFF RECOMMENDATION
City Staff recommends granting a one-year extension on Special Use Permit, SP #07-09, which
should allow the petitioner the additional time to secure funding for the project.
January 7, 2010
Stacey Stromberg
City of Fridley
6431 University Avenue N. E.
Fridley, MN 55432
Dear Stacy Stromberg,
I am writing you today to ask for an extension of the Conditional Use for our site at 5350
Monroe Street. As you know, this is the site of the future temple for the Sikh Society of
Minnesota.
We have experienced several delays working on this Project, especially due to the
down turn of the economy and the effect it has had on our financing the project. We are
hopeful that the situation will start to improve soon allowing us to arrange financing and
complete the project.
We appreciate your cooperation and thank you for your patience.
Sincerely,
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Kehar Singh, President Sikh Society of MN
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FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 25, 2010
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
January 25, 2010
PW10-002
Receiving Feasibility Report and Calling for a Public Hearing for Street
Rehabilitation Project No. ST2010-01
On November 16, 2009, the City Council approved Resolution 2009-066 directing preparation
of a feasibility report for Street Improvement Project No. ST 2010-01.
On January 19, an open house was held after notice to property owners adjacent to and within
the construction areas. 424 notices were mailed. There were 73 attendees at the open house,
where the planned project and feasibility report were discussed. Staff gave a 20-minute
presentation on the City's resurfacing program, provided a project summary, presented the
anticipated project schedule, presented the project budget, and outlined the estimated
assessments and payment schedule. Staff responded to questions regarding the project.
Public comments and concerns brought up at the open house, through surveys provided to the
424 property owners, and through telephone calls received were considered in the final
preparation of this feasibility report.
Please refer to the completed feasibility report, which concludes:
1. The project is necessary as is included in the City of Fridley's approved 2010 CIP budget
and Street Maintenance Program.
2. The project is cost-effective, and will result in reduced maintenance requirements within
the project area and a long-term savings to the City of Fridley.
3. The project is feasible and is funded in the proposed FY2010 budget.
We ask that the City Council note that the budget included in the feasibility report includes no
assessment for properties abutting and addressed on Anoka County roadways that are
proposed to be included in this project. This assumes that a Joint Powers Agreement with
Anoka County will incorporate all costs for resurfacing these roadways (Mississippi Street and
Rice Creek Road).
While there is a desire to treat all property owners with consistency within the City of Fridley, we
do not recommend applying special assessments to properties abutting and addressed on the
County roadways within this project. The main reason for their exclusion is that Anoka County
does not assess for their improvements. Therefore, if the City was not administering this
project, no special assessment would be applied to these properties. Assessing the County
road properties on this project would then be inconsistent with improvements within Fridley that
Anoka County may perform on other County road projects. This position does not deviate from
the City's current special assessment policy, which addresses improvements only on local
streets under City jurisdiction.
If Anoka County does not agree to incorporate all costs for resurfacing, we would provide a
revised project recommendation to the City Council at that time, and modify the scope of the
project as necessary.
Recommend the City Council approve the attached resolution receiving the Feasibility Report
for 2010 Street Rehabilitation Proiect No. ST2010-01 and calling for a public hearing on the
proposed improvements on February 8, 2010.
If the City Council approves the attached resolution at this meeting, public hearing notices will
be received by property owners abutting the project area and the public hearing will be
advertised in the official newspaper.
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Attachments
CITY OF FRIDLEY, MINNESOTA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
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FEASIBILITY REPORT
FOR
2010 STREET REHABILITATION PROJECT
NO. ST2010-01
January 19, 2010
I hereby certify that this plan, specifications, or report was prepared
by me or under my direct supervision and that I am a duly licensed
Professional Engineer with the laws of the State of Minnesota.
Date
Layne R. Otteson, P.E. Registration No. 42079
1
TABLE OF CONTENTS
Description
Paqe No.
TABLE OF CONTENTS ..............................................................................2
INTRODUCTION.......................................................................................... 3
BACKGROUND...........................................................................................4
PROPOSED IMPROVEMENTS ...................................................................5
Overview........................................................................................................ 5
Milland Overlay ............................................................................................. 6
WaterMain Repairs ....................................................................................... 6
Sanitary Sewer and Storm Sewer Repairs .................................................. 6
ESTIMATEDCOSTS ...................................................................................6
FUNDINGSOURCES ..................................................................................7
Mill and Overlay Funding — Local Streets ................................................... 7
AnokaCounty Roads .................................................................................... 7
UtilityFunding ............................................................................................... 7
SU M MA RY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
APPENDICES..............................................................................................8
FIGURE A PROJECT AREA MAP (1 OF 2) ............................................... 9
FIGURE B PROJECT AREA MAP (2 OF 2) ............................................. 10
FIGURE C OPINION OF PROBABLE COST ........................................... 11
FIGURE D FUNDING SOURCES ............................................................. 12
FIGURE E TYPICAL SECTIONS .............................................................. 13
FIGURE F PROJECT SCHEDULE ........................................................... 15
2
INTRODUCTION
The City of Fridley has an ongoing obligation to maintain its streets in an efficient
manner, to provide a high level of service while maintaining a minimum budget. To
enable the City to maximize impact of improvements, staff inspects and rates its
pavements on a regular basis. The City also has developed a pavement improvement
plan based on milling and overlaying pavement with intermittent sealcoating. The goal
is to provide maintenance improvements at scheduled intervals. For example:
Activity Schedule
Initial Construction Year 0
Sealcoating Year 8
Sealcoating Year 16
Mill and Overlay Year 24
Sealcoating Year 32
Sealcoating Year 40
Reconstruction Year 48
This is an ideal and aggressive sequence for street maintenance. Note that the final
reconstruction may be substituted with mill and overlay activities if roadway base is in
good condition, with the intent to extend road life for an additional cycle of 24 years.
Due to the variability with budgets, road configurations, traffic patterns, condition of
utilities, source of funds, other projects, etc., the basic schedule above varies and
fluctuates for each roadway segment.
As part of identifying the best candidate for this year's mill and overlay project, Fridley
Engineering staff works with Street Maintenance staff to develop the list of candidate
projects. The factors considered are physical characteristics, budgetary factors, and
other considerations are listed to assist in selection of a best candidate.
The City of Fridley Engineering Division monitors existing pavements through semi-
annual inspections. From this inspection information, the Engineering Division prepares
a Street Resurfacing Plan consistent with the Street Capital Improvement Plan, which
designates candidate street segments for construction, reconstruction, and
rehabilitation. The City of Fridley also performs preventative surface maintenance (e.g.
sealcoating), routine crack sealing and pothole patching maintenance. The amount of
street maintenance on this segment is increasing annually due to the rapid deterioration
of the existing pavements.
The Engineering Division has prepared a Street Resurfacing Plan consistent with the
Street Capital Improvement Plan, which designates candidate street segments for
construction, reconstruction, and rehabilitation. The Plan identifies 5 neighborhood
areas for mill and overlay in 2010. The local streets under consideration are located in
the neighborhoods of Harris Lake, Benjamin Briardale, Gardena, Ashton, and River's
Edge Way. Mississippi Street and Rice Creek Road, designated County State Aid
3
Highway 6 and County Road 106, are also included as part of the project as they are
adjacent to the proposed work. The County indicated their agreement to fund the
construction and project administration for these two streets. Please refer to Figures A
and B for location of the work.
The Street Rehabilitation Project is a public improvement project and will include
asphalt milling, asphalt paving, striping, concrete curb repairs, and miscellaneous utility
repairs. The length of all segments included in the project is approximately 3.5 miles.
BACKGROUND
River's Edge Way Neighborhood
Street segments include Rivers Edge Way, Alden Way, Riverview Terrace, 64'/2
Way, and Mississippi Way.
These street segments were built between 1962 and 1972. These streets last received
a sealcoat in 2002. Currently, the streets provide 2-way traffic with no shoulder striping.
The Annual Daily Traffic is estimated to be less than 500 vehicles per day. The east
side of this neighborhood is adjacent to East River Road with direct vehicular and
pedestrian access. The neighborhood is generally residential in nature. The pavement
thickness ranges from 1'/" to 4'/". The street width ranges from approximately 30 to
35 feet (see Figure E for Typical Sections).
Ashton Neighborhood
Street segment included is Ashton Avenue
This short segment of street was built during 1974 and was seal coated in 2002. The
Annual Daily Traffic is estimated to be less than 500 vehicles per day. The
neighborhood is generally residential in nature. The pavement is 3 inches thick. The
street width is approximately 36 feet.
Harris Lake Neighborhood
Street segments include Squire Drive, Dana Court, and Camelot Lane.
These street segments were built in 1974. These streets last received a sealcoat in
2001. Currently, the streets provide 2-way traffic with no shoulder striping. The Annual
Daily Traffic is estimated to be less than 500 vehicles per day. The neighborhood is
bounded by Mississippi Street to the north and Rice Creek Road to the south. The
neighborhood is generally residential in nature. The pavement thickness ranges from 2"
to 3". The street width is approximately 35 feet (see Figure E for Typical Sections).
Benjamin Briardale Neighborhood
Street segments include Kerry Lane, Ben Moore Drive, Kerry Circle, Rice Creek
Drive, Woodside Court, Briardale Road, and Briardale Court.
These street segments were typically built between 1971 and 1975. These streets last
received a sealcoat in 2001. Currently, the streets provide 2-way traffic with no
shoulder striping. The Annual Daily Traffic is estimated to be less than 500 vehicles per
day. The neighborhood is bounded by Rice Creek Road to the north and 61 St Avenue to
the south. The neighborhood is generally residential in nature. The pavement
0
thickness ranges from 2" to 7". The streets range in width from 24 to 35 feet (see
Figure E for Typical Sections).
Gardena Neighborhood
Street segments include 61St Avenue, McKinley Street, Ferndale Avenue, 60tn
Avenue, Oakwood Manor, and Kristin Court.
These street segments were typically built between 1970 and 1972, except for Kristin
Court. Kristin Court was built in 1988. Although Kristin Court is not as old as the other
streets, significant street and curbing deterioration is evident. The streets last received
a sealcoat in 2001. Currently, the streets provide 2-way traffic with no shoulder striping.
The Annual Daily Traffic is estimated to be less than 500 vehicles per day. The
neighborhood is bounded by 61 St Avenue to the north and Gardena Avenue to the
south. The neighborhood is generally residential in nature. The pavement thickness
ranges from 3" to 5". The streets range in width from 24 to 35 feet (see Figure E for
Typical Sections).
Anoka County Roads
Street segments include Mississippi Street, Rice Creek Road, and Central Avenue
Mississippi Street from TH 65 to Stinson Boulevard (City Limits)
This segment was built in two different years. The segment between TH 65 and Central
Avenue was constructed in 1966. The segment between TH 65 and Stinson Boulevard
was constructed in 1974. Both segments of Mississippi Street were overlaid in 1992.
Currently, the street provides 2-way traffic and is striped for vehicle parking. Concrete
sidewalk provides pedestrian traffic for the length of this segment. The Annual Daily
Traffic is 4,600 vehicles per day. Neighborhoods on both sides are residential in nature
along this segment. Harris Lake Park is on the south side of the road at about the 1600
block. The pavement is 5 inches thick. The street ranges in width from 46 to 50 feet.
Rice Creek Road from Central Avenue to Stinson Boulevard (City Limits)
This segment was built in 1992. The street last received a sealcoated in 2001.
Currently, the street provides 2-way traffic and is striped for a shared use of bike lanes
and vehicle parking. The Annual Daily Traffic is 4,090 vehicles per day. The pavement
is 10 inches thick. The street width is approximately 44 feet.
Central Avenue intersection with Rice Creek Road
The County requested that this portion of Central Avenue be included with the project.
The pavement will be milled 100 feet to the north and south of Rice Creek Road. The
condition of the pavement and concrete curbing has deteriorated significantly. Anoka
County staff is also reviewing geometric modifications to the intersection that may be
incorporated into this project.
PROPOSEDIMPROVEMENTS
Overview
The length of street construction is estimated at 3.5 miles. The length of the City streets
are approximately 2.3 miles and the County roads are approximately 1.2 miles.
5
Mill and Overlay
The improvements considered by this report would consist of milling the top 2 inches of
existing deteriorated asphalt and laying down new bituminous pavement. Damaged or
settled concrete curbs will be replaced. New pavement markings will be placed as they
previously existed.
During the geotechnical soil exploration, several streets were identified as having no
aggregate base and only 2" of asphalt. These streets include 64'/ Way, Kerry Circle,
Kerry Lane, and Camelot Lane. Staff recommends that these deficient streets have an
additional'/" of asphalt placed in lieu of base reconstruction. The additional cost for
this work is expected to be minimal.
Water Main Repairs
Water main repairs are anticipated to be limited to adjustments to water main valves.
Hydrant location will be considered as needed in final design.
Sanitary Sewer and Storm Sewer Repairs
Sanitary sewer repairs will include spot repairs to the main line pipe and manhole
adjustment. Remote televising inspections by staff have identified 7 locations where the
main line pipe in need of repair. Staff also identified 32 service laterals with severe root
intrusion near the main connection. Those property owners have been notified of the
issue and may request City staff to video camera the service line. Excavations to repair
and clean service laterals with severe root intrusions are born by the property owner,
per City Code.
Storm sewer repairs will include manhole and inlet adjustments and repairs. Catch
basin structures are generally in good condition, but several structures have been
identified as requiring epoxy surface treatment to provide an in-place liner. This is a
repair that is generally more cost-effective than replacement. The epoxy surface
treatment is sprayed on the inside walls of the structure to protect the concrete from
deteriorating due to environmental elements. Approximately $2000 is saved using
epoxy surface treatment rather than full replacement and life expectancy of the epoxy
surface treatment is nearly as long as a new structure.
Anoka County is reviewing their storm sewer rehabilitation needs. County has indicated
that they typically perform storm sewer repairs on rehabilitation projects. The City will
be reimbursed for all construction costs by the County.
ESTIMATED COSTS
The project cost is estimated to be $815,000. The City portion of the project is
$495,000 and the County portion of the project is $320,000. These estimates include
10% contingency and overhead costs relating to technical services, printing, publishing,
permit fees, etc. All costs are preliminary, but are expected to stay within the budgeted
amount. Estimated costs of the project can be found on Figure C of the Appendix.
0
FUNDING SOURCES
Costs for this project will be paid using Anoka County funds, special assessments and
Minnesota State Aid System funds. A preliminary project budget can be found on
Figure D.
Mill and Overlay Funding — Local Streets
The estimated cost of $495,000 for the City's mill and overlay work will be funded using
monies from special assessments and the City of Fridley Minnesota State Aid System
account. The City will assess adjacent commercial and residential properties in
accordance with its major street maintenance policy for local streets. These
assessments will provide approximately $455,000 based on the full project scope. The
following assessments are based on past history as applied by Council policies. Using
these past methods of calculating assessments, and considering our preliminary project
estimate, commercial properties have an estimated assessment of approximately $20
per lineal front foot. Residential properties have an estimated assessment of
approximately $1,500 per lot. The remaining balance of approximately $40,000 for local
street resurfacing will be reimbursed from the City's Minnesota State Aid System
account.
Anoka County Roads
We anticipate the estimated cost of $320,000 for the County's mill and overlay work will
be reimbursed to the City. This work is for improvements to Mississippi Street, Central
Avenue, and Rice Creek Road. The City expects to be reimbursed the cost of
construction and 8% for contract administration through a Joint Powers Agreement with
Anoka County. No other revenues are considered in our project budget for these
segments.
Utility Funding
Utility funding will be applied to all Water System, Sanitary Sewer System, and
Stormwater System repairs.
SUMMARY
The work proposed for ST2010-01 Street Rehabilitation project fits within Fridley's 2010
Capital Improvement Plans. The project is cost effective, necessary, and feasible from
an engineering standpoint as described in this report. The Engineering Department
recommends that the City Council approve this project as presented.
7
APPENDICES
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� Residential Assessment
� Commercial Assessment
� Adjacent Parcels Subject to $0 Assessment
� Unassessed Parcels N
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City of Fridley
2010 Street Rehabilitation Proj ect
FIGURE A
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Project Number
ST 2010-01
January 2010
� 310 m' '
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MISSISSIPPI WAY:=
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�. ; 63RD WAY
D WAY
131 I I '921
MISSISS
�
� Residential Assessment
� Commercial Assessment
QAdjacent Parcels Subject to $0 Assess
� Unassessed Parcels N
, ;, Public Land �
Project Limits
�....::. � �....:,:,
� 62 N D WAY
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City of Fridley Project Number
2010 Street Rehabilitation Proj ect sT Zo�o-o�
FIGURE B
January 2010
Figure C- Engineer's Opinion of Probable Cost
ST2010-1 STREET REHABILITATION PROJECT
MnDOT
NO. DESCRIPTION
2021.501 Mobilization
2104.509 Remove Loop Detectors
2104.501 Remove Conc C&G
2104.501 Remove Median Nose
2232.501 Mill 2" Bituminous Surface - Full Width
2357.502 Bituminous Material for Tack Coat
2360.501 2" Wear Course
2531.501 B618 C&G
2521.501 4" Conc Walk
2531.602 F&I Median Nose
2504.612 Remove & Replace GV Box Top Secti
2506.522 Adjust Casting (MH)
2506.603 Reconstruct MH Rin s extra de th
2563.601 Traffic Control
2564.603 F&I Marking Tape (Temporary)
2565.602 F&I NMC Loop Detectors 6X6
2582.501 Pvmt Msg (ONLY)
2582.501 Pvmt Msg (RT Arrow)
2582.501 Pvmt Msg (LT Arrow)
2582.501 Pvmt Msg (RT & Thru Arrow)
2582.502 4" Double Solid Line Yellow:
2582.502 4" Solid Line Yellow:
2582.502 4" Broken Line Yellow:
2582.502 4" Solid Line White:
2582.502 4" Broken Line White:
2582.503 Cross Walks -
7riR7 rif14 C4nn Rarc -
UNIT
UNIT COST
LS $ 10,000.00
EA $ 50.00
LF $ 5.00
S F $ 3.00
SY $ 0.50
GAL $ 2.00
TN $ 57.00
LF $ 15.00
S F $ 3.50
S F $ 6.00
EA $ 225.00
EA $ 350.00
LF $ 125.00
LS $ 7,500.00
LF $ 0.80
EA $ 850.00
EA $ 250.00
EA $ 250.00
EA $ 250.00
EA $ 300.00
LF $ 4.00
LF $ 2.00
LF $ 2.00
LF $ 2.00
LF $ 2.00
S F $ 7.00
19-Jan-10
LRO
EST. CITY EST. COUNTY EST. TOTAL EXTENDED
QTY COST QTY COST QTY COST
0.61 $ 6,100.00 0.39 $ 3,900.00 1.00 $ 10,000.00
0.00 $ - 6.00 $ 300.00 6.00 $ 300.00
900.00 $ 4,500.00 100.00 $ 500.00 1,000.00 $ 5,000.00
50.00 $ 150.00 100.00 $ 300.00 150.00 $ 450.00
1.079.00 $ 25 039.50 31 776.00 $ 15 888.00 81.855.00 $ 40.927.50
200.00 $ 6,400.00 1,600.00 $ 3,200.00
800.00 $ 330,600.00 3,600.00 $ 205,200.00
900.00 $ 13,500.00 100.00 $ 1,500.00
35.00 $ 122.50 65.00 $ 227.50
50.00 $ 300.00 100.00 $ 600.00
51.00 $ 11,475.00 0.00 $ -
90.00 $ 31,500.00 15.00 $ 5,250.00
100.00 $ 12,500.00 25.00 $ 3,125.00
0.61 $ 4,575.00 0.39 $ 2,925.00
500.00 $ 400.00 2,500.00 $ 2,000.00
0.00 $ - 6.00 $ 5,100.00
10% Contin�
Grand
D.00 $ - 3.00 $ 750.00
D.00 $ - 1.00 $ 250.00
1.00 $ 250.00 1.00 $ 250.00
1.00 $ 300.00 1.00 $ 300.00
D.00 $ - 1,500.00 $ 6,000.00
D.00 $ - 1,792.00 $ 3,584.00
D.00 $ - 920.00 $ 1,840.00
D.00 $ 100.00 12,047.00 $ 24,094.00
D.00 $ - 540.00 $ 1,080.00
D.00 $ 140.00 450.00 $ 3,150.00
D.00 $ 1,400.00 72.00 $ 504.00
otal $ 449,352.00 Total $ 291,817.50
�ncy $ 44,935.20 $ 29,181.75
otal $ 494,287.20 $ 320,999.25
11
���
��
�
�
�
�
�
1
2
2
1,500
1,792
920
12,097
540
470
$ 535,800.00
$ 15,000.00
$ 350.00
$ 900.00
$ 11,475.00
$ 36,750.00
$ 15,625.00
$ 7,500.00
$ 2,400.00
$ 5,100.00
$ 750.00
$ 250.00
$ 500.00
$ 600.00
$ 1,840.00
$ 24,194.00
$ 1,080.00
$ 741,169.50
$ 74,116.95
$ 815,286.45
Figure D - Funding Sources
ST2010-01 Street Rehabilitation Project
No. Description
1 Special Assessments"
2 Water Fund
3 Sanitary Sewer Fund
4 Stormwater Fund
5 MSA Funding
6 Anoka County Funding
19-Jan-10
JPK
Estimated 2010 Budgeted
Amount Amount
$ 455,000.00 $ 300,000.00
$ 10,000.00 $ 15,000.00
$ 20,000.00 $ 15,000.00
$ 10,000.00 $ 12,500.00
$ 40,000.00 $ 135,000.00
$ 320,000.00 $ 320,000.00
$ 855,000.00 $ 797,500.00
Not included in line item CIP budget. Work added at request of Anoka County.
Special Assessment Breakdown
1 Commercial Assessments 4 Properties $ 18,000.00
2 Residential Assessments 291.5 Properties $ 437,000.00
$ 455,000.00
Note that Special Assessments amounts are a calculated need for Estimated Amount, based
on the project estimate, and the Budgeted Amount is calculated based on the project scope
and property information. Refer to the breakdown below.
12
Project ST2010-01
Figure E - Typical Sections
3 (1 of 2) 3
0 0
� �
ss'
5' S0� FF 5'
EX CONC.
WALK
PROPOSED 2" M&0
W.B.
EXISTING SECTION
3" BITUMINOUS
SAND—OIL MIX
SUBGRADE VARIES
E.B. °'' EX CONC.
6618 C&G TYP.� WALK
MISSISSIPPI STREET — CSAH N0. 6
STH N0. 65 TO CSAH N0. 35
3
0
�
66'-6;
5' 0'-8'
VARIES
EX CONC. yy,g,
WALK
PROPOSED 2" M&0
3
0
�
46'-60' FF
/ EXISTING SECTION
�4.5" BITUMINOUS
6" CL V. AGG.
SUBGRADE VARIES
MISSISSIPPI STREET
CSAH N0. 35 TO STINSON BLVD.
so'
7.33' 44� FF
W.B.
PROPOSED 2° M&0
E.B.
6618 CBcG TYP
E.B.
B618 C&G TYP.
/ EXISTING SECTION
�10.5" BITUMINOUS
4" CL V. AGG.
SUBGRADE VARIES
RICE CREEK ROAD
CSAH N0. 35 TO STINSON BLVD.
13
7.33'
3
0
�
3
0
�
0
�
PROPOSED 2" M&0
3
0
�
Project ST2010-01
Figure E -
(2
Typical Sections
of 2)
- 40'-50'
30'-36' FF
0
�
/ 6618 C&G TYP J
EXISTING SECTION 60TH AVENUE - BENJAMIN ST. TO WEST
1.5"-3.5" BITUMINOUS 6� ST AVENUE — MCKINLEY ST. TO STINSON BLVD.
0°-6° c� v. acc. *ALDEN WAY - 62ND WAY TO RIVERVIEW TER.
*=SAND-OIL BASE CAMELOT LANE — sQU�RE �R. To cu�—�E—sac
SUBGRADE VARIES
DANA COURT - SQUIRE DR. TO CUL-DE-SAC
KERRY LANE - RICE CREEK RD. TO BEN MOORE DR.
K R I S TE N C O U R T- STINSON BLVD. TD CUL-DE-SAC
MCKINLEY STREET — s�sT avE. To cu�—�E—sac
MISSISSIPPI WAY - RIVERVIEW TER. TO EAST RIVER RD.
RIVERVIEW TERRACE — MississiPPi P�. To MississiPPi waY
SQ U I R E D R I VE - CAMELOT LN. TO MISSISSIPPI ST.
ASHTON AVENUE — �55� S. OF MISS. WAY TO MISS. WAY
50'-60'
30'-35' FF
S518 C&G TYP:
3
0
�
EXISTING SECTION
PROPOSED 2" M&0 1.5"-4" BITUMINOUS
BEN MORE DRIVE - KERRY LN. TO CUL-DE-SAC
0 0 0"-4~ c� v. acc. gRIARDALE COURT - BRIARDALE RD. TO CUL-DE-SAC
* =SAND-OIL BASE
SUBGRADE VARIES BRIARDALE ROAD — aEr,�aM�r, sT TO STINSON BLVD
3
0
�
PROPOSED 2" M&0
*FERNDALE AVENUE - BENJAMIN ST. TO WEST
KERRY LANE - RICE CREEK DR. TO BEN MORE DR.
KERRY CIRCLE - KERRY LN. TO CUL-DE-SAC
RICE CREEK DRIVE - KERRY LN, TO WOODSIDE CT.
RIVERVIEW TERRRACE — s2r,� waY To �a�' N. ALDEN WAY
RIVERVIEW TERRACE — �40' N. 63 1/2 WAY TO MISSISSIPPI PL.
RIVER EDGE WAY - EAST RIVER RD. TO EAST RIVER RD.
WOODSIDE COURT - BENJAMIN ST. TO EAST
64 1/2 WAY - RIVERVIEW TERR. TO EAST RIVER RD.
�
0
�
25'-45'
24' FF
/ 6618 C&G TYP.J
** =S518 C&G
EXISTING SECTION
1.5"-3.5" BITUMINOUS **6� ST AVENUE - BENJAMIN ST. TO MCKINLEY ST.
0"-4" CL V. AGG. OAKWOOD MANOR - GARDENA AVE. TO 60TH AVE.
SUBGRADE VARIES
14 SP 127-Xxx-Xx
FIGURE F PROJECT SCHEDULE
The tentative milestone dates for this project are as follows:
PRELIMINARY ACTIVITIES
Project Open House:
Preliminary Assessment Hearing
DESIGN AND SUBMITTALS
MNDOT Submittal:
Anoka County Submittal:
Design Engineering Completed
Permit Submittals/Approvals:
LETTING, AWARD, AND CONSTRUCTION
Resolution Advertising for Bids:
First Advertisement for Bids:
Bid Letting:
Contract Award:
Begin Construction (earliest):
Complete Construction (deadline)
FINAL ACTIVITIES
Final Assessment Hearing:
Certified Assessment Roll Complete
January 19, 2010
February 8, 2010
February 1, 2010
February 1, 2010
February 8, 2010
May1,2010
February 8, 2010
February 11, 2010
March 4, 2010
March 8, 2010
May 17, 2010
August 13, 2010
October 2010
November 2010
Note: subsequent activities may be influenced by changes in previous activities.
15
RESOLUTION NO. 2010-
A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT FOR STREET REHABILITATION PROJECT NO. ST. 2010-01
WHEREAS, pursuant to Resolution 2009-066 of the City Council of the City of Fridley adopted November 16,
2009, a report has been prepared by the City of Fridley Public Works Department with reference to the
improvements listed in `Exhibit A', attached, and this report was officially received by the City Council on
January 25, 2010, and
WHEREAS, the report provides information regarding whether the proposed proj ect is necessary, cost-effective,
and feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA:
1. The council will consider the improvement of such street in accordance with the report and the
assessment of abutting property for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $855,000.00.
2. A public hearing shall be held on such proposed improvement on the 8th day of February, 2010, in
the Council Chambers of the Fridley City Hall at 7:30 p.m. and the clerk shall give mailed and
published notice of such hearing and improvement as required by law.
PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS 25t'' DAY OF
JANUARY, 2010.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
STREET REHABILITATION PROJECT NO. ST. 2010-1
PROPOSED IMPROVEMENTS
Street improvements, including pavement milling bituminous asphalt, concrete curb and gutter, drainage, water
reconstruction, storm and sanitary sewer upgrades, landscaping, and other facilities located as follows:
Mississippi Street
Squire Drive
Dana Court
Camelot Lane
Rice Creek Road
Woodside Court
Briardale Road
Briardale Court
61 St Avenue
McKinley Street
Kristin Court
Ben More Drive
Kerry Lane
Rice Creek Drive
Kerry Circle
Ferndale Avenue
60th Avenue
Oakwood Manor
River Edge Way
Riverview Terrace
Riverview Terrace
Mississippi Way
Alden Way
Ashton Avenue
64'/z Way
Trunk Highway 65 to Stinson Boulevard
Camelot Lane to Mississippi Street
Squire Drive to east terminus
Squire Drive to east terminus
Central Avenue to Stinson Boulevard
Benj amin Street to east terminus
Benjamin Streetto StinsonBoulevard
Briardale Road to south terminus
Benj amin Street to Stinson Boulevard
61st Avenue to south terminus
Stinson Boulevard to south terminus
Kerry Lane to west terminus
Rice Creek Drive to Rice Creek Road
Kerry Lane to approx. 350' east
Kerry Lane to west terminus
Benj amin Street to west terminus
Benjamin Street to west terminus
Gardena Ave to 60th Avenue
East River Road to East River Road
62"d Way to approx. 180' north of Alden Way
Approx. 100' north of 63'/z Way to Mississippi Way
Riverview Terrace to East River Road
62"d Way to Riverview Terrace
Mississippi Way to approx. 160' south
Riverview Terrace to East River Road
�
�
CffY OF
FRIDLEI'
TO
FROM
DATE
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 25, 2010
William W. Burns, City Manager
James Kosluchar, Public Works Director
Layne Otteson, Asst Public Works Director
January 25, 2010
PW10-003
SUBJECT: Resolution authorizing the use of MSAS Funds for Project ST 2010-01
In order to be eligible to use our Municipal State Aid System funds on our neighborhood
streets, MN rules 8820.1800 requires the City Council request this use by resolution.
The attached resolution requests disbursement from the City's population portion of the
Municipal State Aid System construction funds for the local portion of the proposed Street
Rehabilitation Project No. ST2010-01.
Recommend the City Council adopt the attached resolution for submittal to the MNDOT
State Aid Office.
JPK:jk
Attachment
RESOLUTION NO. 2010 -
RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS
FOR OTHER LOCAL USE
WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and
maintaining 20% of its City streets, and
WHEREAS 22.9 MSAS miles are currently authorized and have been improved to State Aid standards
and are in an adequate condition that they do not have needs other than additional surfacing, and
WHEREAS the City currently has 883 miles of local streets that require maintenance and upgrade, and
WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation
of our City's State Aid allocation on local streets not on the approved State Aid system, and
WHEREAS it is proposed to systematically resurface these streets and upgrade the storm sewer system
for improved surface water drainage and provide additional strength to the streets for traffic survivability,
and
WHEREAS it is proposed to use a portion of the City's population allocation funds to upgrade local
streets, and
WHEREAS the City of Fridley has identified the following MSAS and local (non-MSAS) streets for
inclusion in its 2010 Street Improvement Project No. ST. 2010-1, as listed in attached E�ibit A,
WHEREAS the majority ofthese streets require surface repair and drainage adjustments, and
WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and
employees from claims, demands, actions or causes of action arising out of or by reason or matter related
to constructing the local streets as designed, and
WHEREAS the City further agrees to defend at its sole cost any claims arising as a result of constructing
the local streets, and
WHEREAS the final approval of the State Aid for Local Transportation Division is therefore required.
NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the
release of MSAS funds for the upgrade and reconstruction of City municipal streets, identified as 2010
Street Rehabilitation Project No. ST. 2010-1.
PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25t'' DAY
JANUARY, 2010.
ATTESTED
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
EXHIBIT A
STREET REHABILITATION PROJECT NO. ST. 2010-1
PROPOSED IMPROVEMENTS
Street improvements, including grading aggregate base, bituminous asphalt, concrete curb and gutter,
water and sewer upgrades, landscaping and other facilities located as follows:
Mississippi Street
Squire Drive
Dana Court
Camelot Lane
Rice Creek Road
Woodside Court
Briardale Road
Briardale Court
61St Avenue
McKinley Street
Kristin Court
Ben More Drive
Kerry Lane
Rice Creek Drive
Kerry Circle
Ferndale Avenue
60th Avenue
Oakwood Manor
River Edge Way
Riverview Terrace
Riverview Terrace
Mississippi Way
Alden Way
Ashton Avenue
64'/z Way
Trunk Highway 65 to Stinson Boulevard
Camelot Lane to Mississippi Street
Squire Drive to east terminus
Squire Drive to east terminus
Central Avenue to Stinson Boulevard
Benj amin Street to east terminus
Benjamin Streetto StinsonBoulevard
Briardale Road to south terminus
Benj amin Street to Stinson Boulevard
61st Avenue to south terminus
Stinson Boulevard to south terminus
Kerry Lane to west terminus
Rice Creek Drive to Rice Creek Road
Kerry Lane to approx. 350' east
Kerry Lane to west terminus
Benj amin Street to west terminus
Benjamin Street to west terminus
Gardena Ave to 60th Avenue
East River Road to East River Road
62"d Way to approx. 180' north of Alden Way
Approx. 100' north of 63'/z Way to Mississippi Way
Riverview Terrace to East River Road
62"d Way to Riverview Terrace
Mississippi Way to approx. 160' south
Riverview Terrace to East River Road
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 25, 2010
�ff1' 4F
FRIDLE7`
To: William W. Burns, City Manager
From: Deborah Dahl, Human Resources Director
Date: January 22, 2010
Re: PAY EQUITY COMPLIANCE REPORT
Attached is a copy of the Pay Equity Implementation Report, which we will submit to the Minnesota
Department of Employee Relations (DOER) on January 31, 2010. This report is required to receive
approval from the City Council and is scheduled for the Jan. 25, 2010 Council Meeting.
After careful analysis and review, I am submitting this report for Council approval, confirming to the
best of my knowledge and abilities that the City has complied with all requirements of the Local
Government Pay Equity Act. As in past years, we look forward to, once again, receiving a certificate
of Pay Equity Compliance from the Minnesota Department of Employee Relations.
Background
The Local Government Pay Equity Act of 1984 applies to approximately 1,500 local governments in
Minnesota and impacts approximately 220,000 employees. The Department of Employee Relations
(DOER) is responsible for the enforcement of the Act (Minnesota Statutes 471.991-471.999 and
Minnesota Rules Chapter 3920).
Commonly referred to as "Pay Equity or Comparable Worth," the Local Government Pay Equity Act
requires local governments to establish equitable compensation relations to eliminate sex-based wage
disparities in public employment. Equitable compensation relationships are achieved when the
compensation for female-dominated classes is not consistently below the compensation for male-
dominated classes of comparable work value within the political subdivision.
Local governments are responsible for complying with the law at all times and report their data every
three years. The City of Fridley is required to report by Jan. 31, 2010 for 2009 data. The last report
was submitted in 2006 and the City was in compliance.
Because our compensation consultant's firm dissolved this past year, I contracted with Springsted to
assist us with the preparation and the filing of this report.
Attachments
The attached cover letter from our consultant and the required report, which will be submitted to
DOER for final review and approval. As you will see in the attached cover letter, Springsted has
determined that the City is well within in compliance ranges and has reported no issues or concerns.
Action Needed
Staff is requesting that Council approve this report If you need further information or background, I
can provide that to you or be available at the City Council meeting.
D KD
Attachments
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
�
�' }' � Tel: 651-223-3000
Fax: 651-223-3002
www.springsted.com
January 22, 2010
Ms. Deborah Dahl
Director of Human Resources
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
Dear Ms. Dahl:
Springsted has prepared the City's Pay Equity Implementation Report and utilized the State of Minnesota
Department of Employee Relations pay equity software to analyze the City's 2009 wage information. There are four
tests for compliance with the State of Minnesota Local Government Pay Equity Act. Following are the tests and the
results:
1. Completeness and Accuracy Test: The City will pass this test if the report is submitted electronically by January
31, 2010. Springsted will submit the report for the City upon approval of the report by the City Council.
2. Statistical Analysis Test: To pass this test the City must have at least 6 or more male classes and at least one
class with an established salary range and an underpayment ratio of 80 or more. The City's underpayment ratio
is 197.4, which is well above the established standard, therefore the City would be found in-compliance with this
test.
3. Salary Range Test: For organizations with established salary ranges for positions, this measures whether male
classes are reaching the top of their salary range faster than female classes. This result must either be 0 or
above 80 to be found in compliance. The results of the salary range test for the City is 95.76, which is above the
established standard and indicates that the City would also pass this test.
4. Exceptional Service Pay Test: This test analyzes whether there is a larger percentage of male classes receiving
longevity or performance pay than female classes. For this test the result must either be 0 if less than 25% of
male classes receive exceptional service pay or be above 80. Only 2.27% of the City`s male classes are
receiving exceptional service pay, therefore the result is 0 and indicates that the City also passes this test.
Please review the enclosed information and if there are no changes please have the report reviewed and approved
by the City Council prior to January 31, 2010. Springsted will submit the report to the Department of Management
and Budget upon notification of approval by the City Council.
Please let me know if you have any questions or concerns.
Sincerely,
�nn �nton.�en
Ann Antonsen, Vice President
Consultant
Puk�l�c Sect�r Advis�rs
Pay Equi�Ey lmpl�menta�ion R�por�
Send complated report to:
Pay Equity Coordinator
Department of Employee Re[ations
200 Centennial Building
6b8 Cedar 5treet (B51) 296-2653 {Voice)
St. Paul, MN 55'155-'! 603 (g51 } 282-2699 (TDD)
Part A: Jurisdiction Identification
Jurisdicfiion: City of Fridley
6431 �1n��ersity Ave�ue NE
Fridley, M!V 55432
Contact: Director of Human Resources Deborah Dahl
Fax: 7635024971
Email: dahld@ci.fndfey.mn.us
Pert B: Officiai Verification
0 7he jab, evaluation system used rneasured skill, effort
responsibility and working condifions and �he same
system was used for all classes of empfoyees.
The system used was: Consultant System (SpeCify ;�,;
Describe: RDK
� HeaEth Insurance benefits far male and female
classes. of comparable valus have been evaluated and
There is"a difFerence ; % ; anci
the maximum salanes reported include the monthEy
amount paid by the employer for health insurance
�❑✓ Information in this report is complete and accurate.
0 � The report includes all classes of employees over
which the jurisdiction i�as fnaE budgetary appro�al
authority.
Part C: Tofial Payroll
$10,171,931.00
is the annual payroll for the calendar year just ended December 31
ror uepartment use
_�
1193
Posimark Date of Report
.lurisdiction ID Number
Jurisdiction Type: CITY
Phone: {763) 572-3507
� No salary rangeslperformance differences.
❑ Lea�e blank unless BOTH of the fol{owing apply:
a. Jurisdiction does not ha�e a salary range for any job
class.
b. Upan request, jurisdiction will supply documentation
showing that inequities between male and female
classes are due to performance differences.
Nofe: Do nof include any documentation regarding
perFormance with this form_
� An official notice has been posted at:
City Hall Buileiin Board
(prominent location)
informing employees that the Pay Equity Empfementatiort
Report has been filed and is available to employees upon
request. A copy of the natice i�as been seni to each exc{usive
representati�e, if any, and also fo the public library.
The report was appro�ed by:
Ciiy Council
{governing 6ody)
Scott Lund
(chief elected ofFcial}
Mayor
(tifle)
❑✓ Checking th.is I�ox indicates legal signature by above o�cial.
Compliance Report
Jurisdiction: City of Fridley
Contact: Deborah [7ahl
Director of Human Resources
Insurance Added? Job Evaluatian System l7sed:
01/22/201 C
Phone: {763) 572-35a7
The statistica[ analysis, salary range and exceptional service pay test results are shown belaw. Part I is general information from
your pay equiiy Report data_ Parts Il, l!I and IV give you the test results.
For more detail on each test, refer to the guidebook.
I. GEI�C�RAL JOB CLASS INFORMATI�N
# Job Classes
# Employees
Avg. Max Monthly
Pay per Employee
Male
Classes
44
125
$5,735.'I 7
Female
Classes
32
48
$5,039.04
Balanced
Classes
5
17
All Job
Classes
81
79�
$5,387.69
11. STATISTICAL ANALYSIS 7E�ST Male Female
A. UNDERPAYMENT RATIO = 197•4 * Classes Classes
a. # ai or abo�e Predicted Pay 25 25
b. # Below I'redicted Pay � 19 7
c: TOTAL 44 32
d. °/v Below Predicted Pay 43.18 21.88
(b div�ded by c = d)
*(Result is % of male classes below predicted pay divided by % of female classes beiow predicted pay)
B. T -TEST RESULTS
Degrees of �reedom (DF) = 171 Value of T=
a. Avg. diff. in pay from predicted pay for male jobs =
b. A�g. di�F. in pay from predicted pay for female jobs =
III. SALARY RANGE TEST = 95.76 %{Result is A di�ided by B)
A. A�g. # of years to max salary for male jobs = 9_39
�. Avg. # of years to max salary for female jobs = 9.$1
IV. EXCEPTIONAL S�RVICE PAY TEST D.00
A. % of mals cfasses recei�ing ESP 227
B. % af fema[e classes receiving ESP DAO
k(if 20% or fess, tes# result will be 0.�0)
-�4.724
$26
$460
Predicted Pay Report for City of �ridley
Case: 20D9 Wages
Job
Nbr Jobs iitle
43
44
45
46
47
4&
49
50
51
52
53
54
55
56
57
5$
59
60
61
62
63
64
65
6fi
67
68
69
70
71
72
73
74
75
76
77
78
79
80
89
Accountant
Program 5up�. (SIVC Intrep.}
Engirteering Tech. ]I
Appraiser �
Section 81Hausing Specialisi
Program 5upervisor (Rec.)
Fire G�pfain
Sr. Citizen Prog. 5upv.
Public 5afety Praj. Coord.
Patrol Officer
Office Supervisor (I'olice)
Fire Marshal
Ciry Clerk
Water Supervisor
Streets Supervisor
Sewer Supervisar
Parks Supervisor
Fleet Services Supervisor
Spring6rook Nature Ctr. Dir.
Assessor
Asst. Executive Dir. (HRA)
Chief Building Offcial
Liquor Operations Manager
Planning Manager
Police Sergeant
Assf. PW Dir.lAsst City Eng.
Police Lie�tenant
AssisYant Fire Chief
Assistant Finance Director
IT Manager
PoEice Captain
Fire Chief
I'arks and Recreation director
Wuman Rasources �irector
Director of Public Safety
Dir. of Community Developmer�t
Public WorKs Director
�inance f]irector
Cify Manager
Male Female
Empl Empl
2
0
2
1
0
1
2
0
0
�7
0
1
4
1
1
1
1
1
1
0
1
1
1
U
s
1
1
1
9
1
2
1
1
U
1
�
1
9
1
0
1
Q
4
1
1
1
1
1
4
1
0
1
0
Q
0
0
0
0
1
0
0
0
1
4
0
D
0
0
0
0
0
0
1
4
0
0
0
0
Total
�mpl Sex
2 M
1 F
2 M
1 M
1 F
2 B
3 B
1 F
1 F
31 M
1 F
1 M
1 F
1 M
1 M
1 M
9 M
1 M
1 M
1 F
1 M
1 M
1 iVl
1 F
6 M
1 P1i
1 M
'1 M
1 M
1 M
2 M
1 M
1 !VI
1 F
1 M
1 N{
1 M
1 M
1 M
Page 2 of 2
01122I2010
Work Max Mo. Predicted �ay
Points Salary F'ay DifFerence
596
597
609
sz2
632
646
656
664
664
667
687
701
7fl7
708
70S
708
708
708
724
728
733
749
757
i57
757
778
785
789
821
834
$61
1015
1035
1035
1050
1055
1077
9165
1474
$6,408.00 . $5,9fi4.75
$6,408.00 $5,971.95
$6,408.00 $6,073.44
$fi,408.00 $5,979.71
$fi,408.00 $6,092.74
$6,408.40 $6,347.96
$4,855.OQ $6,460.52
$6,964.00 $6,553.23
$6,964_OD $6,553.23
$6,380.00 $6,565.4$
$6,9fi4.00 $6,$1525
$6,964.00 $7,007.61
$6,964.00 $7,081.1'I
$fi,964.00 $7,093.46
$5,964.00 $7,093.46
$6,964.01} $7,093.46
$6,964_OR $7,093.4fi
$6,964.00 $7,693.46
$7,SS7.00 $7,314.60
$8,222.00 $7,372.51
$8,222.00 $7,455.46
$8,222_00 $7,648.41
$8,222_00 $7,769.41
$8,222.00 $7,769.41
$7,683.Q0 $7,769.41
$8,222.40 $8,087.16
$8,222.OU $8,192.46
$8,222.00 $8,253.43
$8,952.00 $8,673.07
$8,952.D0 $8,758.44
$8,952.00 $9,106.05
$9,745_00 $9,.976.59
$9,745.00 $10,1']4.28
$9,745.00 $10,914.28
$ip,602A0 $10,204.22
$10,602_00 $'10,233.83
$'10,602.Ofl $10,389.53
$10,602.00 $1Q,552.13
$11,362.00 $12,405.76
$44325
$436.05
$334.56
$428.29
$315.26
$60.04
$-1, 605.52
$410.77
$410.77
$-185.48
$948.75
$-43.61
$-117.11
$-129.46
$-129.46
$-129.46
$-'E 29.46
$-'129.46
$252.40
$849.49
$766.54
$573.59
$452.59
$452.59
$-86.41
$'[ 34.84
$29.54
$-31.43
$278.93
$193.56
$-154A5
$-231.59
$-369_28
$-369.28
$397.78
$368.17
$212.47
$49.87
$-1,043.76
P.redicted Pay Report for City of Fridley
Case: 2U09 Wages
.iob
Nbr Jobs Tit[e
�
2
3
4
5
6
7
8
9
10
11
12
13
14
15
�s
17
98
19
20
21
22
23
24
25
26
27
2$
29
30
31
32
33
34
35
36
3i
38
39
40
41
42
Parks Maintenance (PT)
5treets Maintenance (PT)
Liquor Store Clerk {PT)
Community Service Officer (PT)
Youth lnsir.lYouth Worlcer (PT)
Engineering Intem (PT)
Admin. Asst I (PT)
Sr. Prog. Asst. (P'T)
Sunrey Entern (PT)
Admin. AssE. I (Rental lnsp.)
Lead Liquor 5tare Clerk
Building NEainienance (P7)
Public Serrrice Worker I
Admin. Asst. II (CE) (PT)
Admin. Asst. II (HR)
Accounting & Data Proc. Clerk
Firefighter (Paid On-Call}
Licensirtg & Records Tech.
Police Technician
SNC Naturafisf (PT)
Permit Technician
Utility Billing Clerk
Public Service Worlcer II
Admin. Asst. lll
Res. Appraisal Asst. (PT)
Mechanic (Senior)
PG Technician
Public Senrice Worker 111
Lieutenant (Paid On-Call)
Office Coord. (Park & Rec.)
Assistant to City Manager
Office Coord. (Comm. dev.)
Crime Prevention Specialist
Admin. Asst_IMaint. Coord.
Captain {Paid On-Gall)
Payro�l Coorciinatar
Accounting Specialist
En�ironmental Planner
Planner - PT
Firefighter
GabEe TV Administrator
Buifding Inspector
Male Female
Empl Empl
10
2
2
3
1
0
a
0
0
a
3
3
1
0
0
0
10
0
a
3
0
0
5
0
1
2
0
1fi
1
0
0
Q
0
0
1
1
D
Q
0
1
1
1
a
D
0
1
3
1
3
1
1
1
�
0
0
1
1
2
1
1
7
1
1
1
0
5
0
0
9
a
0
i
1
1
1
1
0
0
1
1
1
0
0
0
Toial
Empl Sex
1(3 M
2 M
2 M
4 S
4 F'
9 F
3 F
1 F
1. F
� �
4 B
3 M
1 M
1 F
1 F
z F
11 M
1 F
7 F
4 B
1 F
1 F
5 M
5 F
1 M
2 M
1 F
16 M
'1 M
1 F
1 F
1 F
1 F
1 F
1 M
1 M
1 F
1 F
1 F
1 M
1 M
1 M
Page 7 of 2
D1i27J2090
Work Max Mo. Predicted Pay
Points Salary Pay DifFerence
251
251
313
325
325
362
369
369
369
376
377
390
394
405
406
406
413
415
4'[ 6
49 7
438
442
A44
459
477
487
490
493
491
496
502
504
5fl7
510
523
543
543
570
570
576
58�4
591
$2,052.Q0
$2,452.00
$2,823.00
$2,823.00
$3,033.00
$2,823.OD
$3,123.00
$3,921_�0
$2,823.OQ
$4,643.00
$4,122.Q0
$3,121.00
$4,643.00
$3,843.00
$4,643.00
$4,643.00
$2,830.00
$4,643.00
$4,747.00
$2,433.00
$5,035.00
$5,035.Ofl
$5,635.00
$5,035_00
$4,818.00
$5,914.00
$5,446.00
$5,446.00
$2,972_OU
$5,446.00
$5,446_00
$5,446.00
$5,446.00
$5,446.00
$3,114.00
$5,914.4a
$5,914.00
$5,914.00
$4, 9i 3.00
$4,742.00
$5,914_00
$6,408.00
$1,767_23
$i,767.23
$2,646.98
$2,770.28
$2,770.28
$3,271.81
$3,366.31
$3,366.31
$3,366.31
$2,908.17
$2,927.92
$3,190.86
$3,271.10
$3,513.33
$3,531.21
$3,531.21
$3,659_70
$3,695,45
$3,714.44
$3,732.32
$3,994.40
$4,081.fi1
$4,125.88
$4,405.86
$4,681.80
$4,823.98
$4,872.67
$4,921.37
$4,888.58
$4,970.D7
$5,046.20
$5,078.ifi
$5,125.62
$5,173.07
$5,376_60
$5,662.99
$5,fi62.99
$5, 772.33
$5,772.33
$5,811.45
$5,867.9$
$b, 930.43
$284.77
$284.77
$216.02
$52.72
$262.72
$-448.81
$-245.31
$-245.31
$-543.31
$1,734.83
$1,194.08
$-69.86
$'E,371.90
$129.67
$1,119_79
$1,111.79
�-a2s.7o
$947.55
$1,032.55
$-9,299.32
$1,Q�40.60
$953.39
$909.12
$629.14
$-63.80
$1,090.02
$573.33
$524.63
$-1,916.58
$475.93
$399.80
$367.84
$32�.38
$272.93
$-2,262.60
$251.01
$251.01
$141.67
$-859.33
$-'{ ,069.45
$4fiA2
$477.57
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� AGENDA ITEM
� COUNCIL MEETING OF JANUARY 25, 2010
� �F CLAI MS
FRIDLE7`
CLAIMS
144695 - 144947
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 25, 2010
��F LICENSES
FRIDLE7`
TYPE (�F LICENSE: APPLICANT: ' ' APPROVEIa B�:
Lawful Gamblin Permit Fridle Alano Socie Public Safet
Bingo Laura Bailey-Hunter, Applican City Clerk
* fee waived requested
Peddler or Solicitor License Custom Remodelers, Inc. Public Safet
Gibb Andrew Peppin, Manager
Steven Vincen Olson
Janet P. Shelton
Anne M Nicholson
Timothy E. Harless
Bel M. Tosah
Lawful Gambling Permit Stevenson Elementary School Public Safety
Raffle and Carnival 4/10/2010 PAWS Association City Clerk
Molly Riddle-Treasure
*fee waived requested
Massage Therapy Karen E. Sathre Public Safety
Universal Hair Studio City Clerk
Lawful Gambling Permit Woodcrest PTA Public Safety
Raffle 4/30/2010 Joanne Satter , President City Clerk
*fee waive requested
Temporary Intoxicating Liquor Totino-Grace High School Public Safety
Consumption and Display Chris Beach, Director
Swing Dance April 24, 2010
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 25, 2010
��F LICENSES
FRIDLE7`
Contractor T e A licant A roved B
Anderson Burner Service Inc Heatin Howard Anderson Ron Julkowski, CBO
Cich 's Water & Sewer Excavatin Tim Cich Ron Julkowski, CBO
East Bethel Heatin & Air Inc Heatin Pete Chouinard Ron Julkowski, CBO
Krue er Excavatin Inc Excavatin Trac Krue er Ron Julkowski, CBO
Neisens Pavin & Excavatin Inc Wreckin Michael Neisen Ron Julkowski, CBO
Steiner Construction Services LLC Commercial or Phillip Baum Ron Julkowski, CBO
S ecialt
Swenson Heatin and A/C Inc Heatin Gre Swenson Ron Julkowski, CBO
�
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FRIaLEI'
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 25, 2010
LICENSES
William W. Burns, City Manager
John Crelly, Fridley Assistant Fire Chief
January 21, 2010
Annual renewal of rental licenses
Attached is a list of 49 properties that have completed the license renewal process. Each property
listed has submitted a rental license application, paid all fees, and has completed the rental
property inspection process.
Staff recommends that City Council approve the rental license renewal for these properties.
4t" Quarter Licenses
ProplD: Property Address
1597
1102
1518
1114
1116
1161
1168
1488
1456
1174
1508
1673
1201
1203
1598
1253
1254
1277
1900
1061
1320
1896
1836
1077
1365
1366
1367
1599
1777
1553
1711
1698
1701
1704
1696
Rental Housing
Units Owner
4732 2 1/2 St. NE
5846 2 1/2 St. NE
4832 2nd St. NE
5816 2nd St. NE
5848 2nd St. NE
5419 4th St. NE
5600-06 4th St. NE
5601-07 4th St. NE
5622-24 4th St. NE
5900-02 4th St. NE
7517 4th St. NE
695 57th Ave. NE
5373-75 5th St. NE
6242-44 5th St. NE
5972 6th St. NE
1200 72nd Ave. NE
1250 72nd Ave. NE
321 79th Way NE
6070 7th St. NE
5960-80 Anna Ave. NE
6634 Central Ave. NE
179 Christenson Ct. NE
175 Craigbrook Way
5950 East River Rd.
6379 Hwy 65 NE
6393 Hwy 65 NE
6417 Hwy 65 NE
729 Kimball St. NE
554 Lafayette St. NE
254 Liberty St. NE
7524 McKinley St. NE
1601 N Innsbruck Dr. (109)
1601 N Innsbruck Dr. (152)
1601 N Innsbruck Dr. (154)
1601 N Innsbruck Dr. (318)
1
6
1
2
8
4
3
4
2
1
1
1
1
2
1
42
30
8
1
34
10
1
1
12
8
7
8
1
1
1
1
1
1
1
1
KPR Properties, LLC
T & N Properties
KPR Properties, LLC
Eugene Tomas
Renters Warehouse
Rashad Badae
Tony L Wilson
PMJ Management, LLC
PMJ Management, LLC
Aleksandr Blinov
John & Susan Kvidera
Liveringhouse Enterprises
Joe Hansmann
James Nelson
Brad & Mary Carlson
Ed & Sue Anderson
Bailey Enterprises, Inc.
Bradley Dunham
Jason Ketz
Riverwood Rentals, LLC
Donald Findell
Woong & Eugene Song
H Properties, LLC
Guy Properties
Julida, LLC
Nicholas Elmquist
Nicholas Elmquist
Aminah Amatullah
JYM Properties, LLC
Garth & Jill Peterson
Howry Properties, LLC
Marjorie & Richard Smith
Joe Barton
Sue Schuck
Joe Moran
page 1 of 2
ProplD: Property Address Units Owner
1699
1700
1705
1414
1064
1429
1431
1584
1436
1601
1646
1898
1452
1501
1601 N Innsbruck Dr. (321)
1601 N Innsbruck Dr. (345)
1601 N Innsbruck Dr. (376)
1250-52 Norton Ave. NE
1281 Norton Ave. NE
6335 Pierce St. NE
6361 Pierce St. NE
6423 Pierce St. NE
5650-60 Polk St. NE
5530 Regis Drive NE
8199 Riverview Terr. NE
1516 Trapp Ct. NE
7385-87 University Ave.
8310 University Ave. NE
1
1
1
2
1
2
2
1
32
1
1
1
2
110
Total # of Licenses for approval
Marjorie & Richard Smith
Marjorie & Richard Smith
Sue Shuck
Donovan & Sharry Elias
PMJ Management, LLC
Robert D. Shimanski
Nelson Investments
Milton Figueroa
MMZ Properties, LLC
BKL
John Kennedy
Hilary Handahl
Brian P. Manning
Banfill Crossing Senior Housing, LLC
,, �,
page 2 of 2
�
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FRIDLE7`
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 25, 2010
ESTI MATES
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374
2009 Street Improvement Proj ect ST. 2009-01
EstimateNo. 4 ..................................................................................... $ 3,146.69
�
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FRIDLEY
To
From
Date
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 25, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Donovan Abbott, Public Safety Director
Debra A. Skogen, City Clerk
January 21, 2010
Re: Public Hearing on the question and consideration of revocation of Animal Permit (dog
license) #706 assigned to JoJo, owned by Miles Ware, Jr., residing at 7470 Lakeside
Road NE, Fridley, MN, 55432.
This item is a Public Hearing regarding Animal Permit/Dog License #706 assigned to JoJo, a male Pit Bull
owned by Miles Ware, Jr. of 7470 Lakeside Rd NE, Fridley, MN 55432. Notification of this hearing was
provided to Miles Ware, Jr. by personal service via CSO on January 19, 2010 and service by US Mail,
Certified Delivery, accomplished January 20, 2010.
Fridley City Code, Chapter 101.05 Section 1(A) requires that a yearly permit (dog license) issued by the City
be obtained by the owner of any dog over the age of 6 months before that dog is kept or possessed in the City.
The permit year for animal permits is consistent with other city-issued licenses which expire Apri130 of each
year. Fridley City Code Chapter 101.06 Section 1 provides that the City may revoke an animal permit for any
one of several reasons. Specific to this matter, Section 1(A) provides:
The person holding the permit refuses or fails to comply with the provisions of this Chapter; any
other regulations promulgated by the City or any state or local law governing cruelty to animals
or the keeping of animals.
Additionally, Section 1 (E) states:
An owner violates the terms of this Chapter three (3) times within one (1) permit year.
The remainder of this memo will provide the foundation for Council's consideration of the matter of
revoking permit #706. Staff will present evidence showing that the City's burden of proof, as required by
the above referenced sections - either one of which is sufficient for revocation, has been met.
The most serious incident involving the permitted animal, JoJo, occurred on Monday, January 4, 2010.
Just after 1:00 p.m. that day, two Pit Bull dogs owned by Miles Ware jumped over their back yard fence
and fatally attacked a neighbor's dog in their yard. The Pit Bulls then returned to their own yard, but
continued to tear at the now deceased dog through their chain link fence. Fridley police officers were
called to the scene and were required to shoot and kill one of the Pit Bulls when it tried to attack them.
The remaining Pit Bull, JoJo, was taken from the owner and quarantined at Brighton Vet. JoJo has since
been euthanized after he was abandoned at Brighton Vet by its owner, Ware. Subsequent to this incident,
Mr. Ware was issued a citation for allowing the dogs off his property without a leash as required by Code
(commonly referred to as Dog at Large). Following this incident, staff conducted further research into
issues related to Mr. Ware and his dogs.
A review of City license records shows that Mr. Ware possesses one dog license issued by the City of
Fridley, that being permit #706 assigned to JoJo. The other Pit Bull, a female believed to be named MoJo,
did not have a permit.
A review of police calls regarding Mr. Ware's dogs reveals several calls and violations since August of
2009. Beginning August 17, 2009, police were called regarding Mr. Ware's dogs 9 times for issues
including dogs running at large off his properiy, barking dogs disturbing, and the unlicensed dog. Eight
citations specifying 11 violations of Chapter 101 were issued by Fridley off�icers and CSO's between
August 17, 2009 and January 4, 2010. The last citation issued before the fatal attack of January 4, 2010
was issued some 12 hours earlier, at 12:35 a.m. for barking dog disturbing. To date, court dispositions
have been reached in nine of the 11 violations. Four of the nine violations resulted in guilty pleas while the
remaining five were dismissed as part of one consolidated plea agreement at a court hearing on December
15, 2009. Fridley prosecutor Sarah Kimball reports that such arrangements are commonly done to
expedite court proceedings and does not indicate that the dismissed violations did not occur or that the
supporting cases were insufficient. Ms. Kimball stated all nine violations were valid and prosecutable.
The attached table presents further detail regarding police calls, violations, and dispositions.
In another incident of particular note, the female Pit Bull was declared a potentially dangerous dog
following an unprovoked attack on a Fridley CSO on October 2, 2009. Mr. Ware signed the notice
acknowledging his receipt and awareness of this declaration. Thankfully, no injury was suffered by the
CSO in this attack in which the dog only succeeded in tearing the officer's pants. Also, based upon both
the viscous history of the two Ware dogs and a confrontational nature displayed toward staff by Mr. Ware
himself, the police department was compelled to send multiple officers to these calls.
Chapter 101 provides that no additional animal permits may be issued to anyone who has had an animal
permit revoked. It is believed that the Ware's are raising four young Pit Bull puppies who are offspring of
the now deceased female. Revoking JoJo's permit would prevent the Wares from legally keeping these
dogs, or any others, past the point where they attain six-months in age.
In summary, staff believes sufficient evidence exists to warrant Council's consideration of the revocation
of animal permit #706 and to support a fmding that the requirements of 101.06 (A) and (E) have been met.
Specifically, Section (E)'s requirement for three (3) violations in a permit year has been met and exceeded
as documented by 11 violations of Code. Further, while criminal convictions are not required under this
section, even if that standard were to be applied, Staff presents documentation of four (4) guilty pleas as
proof of that requirement being solidly met.
Staff recommends Council hold the Public Hearing.
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FRIDLEY ML3NICIPAI. CENTER • 6431 UNNERSITY AVE. N.�. FRFDLEY, MN 55432
(763) 571-3450 • FAX (763} 5'11-1287 • TTD/TTY (763) 572-3534
CITY OF FRIDLEY
Notice af Public Hearing Before the City Council
Notice is hereby given thai the Fridley City Council will hold a public hearing at ti�e Fridley
Municipal Center, b431 University Avenue NE on Monday, January 25q 2010 at 7:30 p.m. on the
question and consideration of revocation of a dog licex�se assigned to JaJo owned by Miles Ware,
7470 Lakeside Road, Fridley, MN, 554�2.
Due to the seriousness of the violations that have occuned, Fridley Ci�y Code Section 101.�6
does allow for the revocatian of a license.
Anyone having an interest in this matter should make tl�eir interest knawn at this public hearing.
Hearing iznpai�'�d persons �lanning to attend wl�o need an interpreter ar othex persons with
disa�iiities who require auxiliary aids should contact Roberta Collins at 572-3500 no �ater than
January 22, 2010
Isl Debra A. Skogen, City Clerk
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FRIDLE7`
AGENDA ITEM
CITY COUNCIL MEETING OF
To: William W. Burns, City Manager
January 25, 2010
From: Richard D. Pribyl, Finance Director
Donovan Abbott, Public Safety Director
Debra A. Skogen, City Clerk
Date
�
January 21, 2010
Revocation of Animal Permit (dog license) #706 assigned to JoJo, owned by Miles Ware,
Jr., residing at 7470 Lakeside Road NE, Fridley, MN, 55432.
Council was requested to hold a Public Hearing January 25, 2010 to hear testimony and receive
evidence regarding the Revocation of Animal Permit (dog license) #706 assigned to JoJo, owned by
Miles Ware, Jr. Council may now consider the actual revocation of the dog license. If Council finds
sufficient cause to revoke the dog license, Staff recommends a Resolution Revoking Animal Permit (dog
license) #706. A draft resolution is attached.
Resolution No. 2010 -
Resolution Revoking Animal Permit (Dog License) #706
Issued by the City of Fridley to Miles Ware, Jr.
Whereas, Fridley City Code requires any person keeping, possessing, or harboring any dog aged six-
months or more within the City of Fridley to first obtain an annual animal permit (dog license) from the
City; and
Whereas, the City of Fridley issued Animal Permit (Dog License) #706 to Fridley Resident Miles Ware,
Jr. who resides at 7470 Lakeside Rd NE, Fridley, MN 55432, for his male Pit Bull commonly known as
"JoJo" on September 16, 2009; and
Whereas, the City of Fridley has promulgated and codified several rules and regulations in City Code,
Chapter 101, regarding the keeping of animals within the city; and
Whereas, persons keeping, possessing or harboring dogs within the City of Fridley are required to
comply with these rules and regulations in order to provide for the safety, health, peace and repose of
Fridley residents; and
Whereas, City Code provides for the revocation of an issued annual animal permit (dog license) if the
person holding the permit refuses or fails to comply with the provisions of Chapter 101, any other
regulations promulgated by the City or any state or local law governing cruelty to animals or the keeping
of animals; and
Whereas, City Code further specifies that the City of Fridley may revoke an issued annual animal permit
if the owner violates the terms of Chapter 101 three (3) times within one (1) permit year; and
Whereas, eight citations containing 11 violations of Fridley City Code, Chapter 101 governing the
keeping of animals in the City, have been issued to Miles Ware, Jr. thus far in the 2009 permit year; and
Whereas, Miles Ware Jr. pleaded guilty to four (4) ofthese violations on December 15, 2009.
Now Therefore, Be it Resolved that the City Council of the City of Fridley Minnesota does hereby
revoke the 2009 Animal Permit (Dog License) #706 issued to Miles Ware, Jr. effective January 25, 2010.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY
OF JANUARY 2010.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
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CfTY OF
FRIaLE7
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 25, 2010
January 13, 2010
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: First Reading 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 much less intense and have very little impact when compared to some of the
other types of uses allowed in our industrial districts.
PREVIOUS CITY COUNCIL ACTION
The City Council held a public hearing for TA #09-02 on January 4, 2010.
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 the City Council hold the first reading on the attached ordinance to allow
towing services by issuance of a special use in the M-1, Light Industrial zoning district.
Ordinance No.
AN ORDINANCE AMENDNING 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 the ed�e of the
vard is 250' or less from an existin� residential dwellin� in existence at
the time of this permit's a�roval.
(i) No crushin�, dismantlin�, or salva�e of vehicles shall occur on the subject
propert�
(j) All towing operations whose storage 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 25, 2010
January 20, 2010
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: First Reading or Ordinance for Text Amendment TA #09-04 Pertaining to Commercial
Permitted Uses and Exterior Storage
Background
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. On January 4,
2010, the City Council held a public hearing regarding text amendment TA #09-04. During the public
hearing discussion, Council recommended some changes to this text amendment, proposed by staff to
clarify the intent of certain sections of the commercial zoning code.
Adjustments Proposed
One change recommended to the attached, proposed ordinance was in Section 1, where the exception for
drive-in theaters was confusing. Staff has changed the order of the wording of this section to make it more
understandable.
Another change recommended was in Section 4, where under Section 205.17.4D(2)a of the Zoning Code,
where code refers to "City." Councilmember Bolkcom asked to have this reference changed to "Council."
After further analyzing other parts of the Zoning Code, staff has concluded that the term "City" is used
predominantly throughout the Zoning Code. When the term "Council" is used, it is referring to an action
that requires official action by the Council at a public meeting. If staff makes the suggested change here,
it changes the original intent of the code. Staff recommends instead changing the "Council" reference to
"City" in the beginning of this section.
An additional change recommended by Council at the hearing was incorporating typical garden center
stipulations into the special use permit code section of the G3, General Shopping Center zoning district.
Staff has incorporated this change into Section 6 of the attached ordinance. This code language should
also be duplicated in the G2, General Business District section of the Zoning Code, which also allows
garden centers or nurseries with a special use permit. So, staff has incorporated the same additional code
language into Section 2 of the attached ordinance.
Staff Recommendation
Staff recommends that Council hold the first reading for the revised ordinance attached for text
amendment, TA#09-04, amending Sections 205.14 and 205.15 of Fridley's Zoning Code. The amendment
would clarify language in certain sections of the code for the benefit of online viewers.
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) T��- �e�ges ,Fraternal or�anizations, ',� assernbly facilities 'and theaters'; 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.
(1�2) Garden centers or nurseries which require outside display or storage of
merchandise-, accordin� to the following requirements:
(a) 'Materials are' stored inside a permanent structure, attached to and architecturallX
compatible with the principal structure;
(b) Products containin� chemical fertilizers, pesticides, or herbicides must be stored
in a roofed and contained area where water runoff cannot reach the exterior
landscape or'storm'sewer.
(c) Floor draina�;e for '�arden center/nurserv must protect storm and �round water
sources bv ' follawin� 'Starmwater ' Best ' Mana�ement Practices '(BNIl''s�,
including a stormwater pollution prevention plan.
(d) No merchandise can be sold ar displayed outside the garden center walls:
(e) No off-season stora�e can occur in the outdoor sal'e area' unless specified in the
special' use permit.
(� No intercom'svstem shall'be used in the �arden center area if site is directlX
adjacent to residentiall_y zoned propert�
(g) Creation of the �arden center shall nat disrupt safe traffic flow throu�;h'the site.
(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.
�! The Citv 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.
„
,� _.-..�.':�.�:.;,.,,�.,,. :R.,.�;, ,:�.�.,�_..,�;"_:
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-, accordin� to the following requirements:'
(a) Materials are' stored inside a permanent structure, attached to and architecturall�
compatible with the principal structure:
(b) Products cantainin� chemical fertilizers, pesticides, or herbicides must be stored
in a roofed and contained area where water runoff cannot reach the exterior
1'andscape or'storm'sewer:
(c) Floor draina�e for '�arden centerfnurserv must protect storm and �round water
sources bv ' following Stormwater ' Best ' Mana�ement Practices '(BMP's�
includin� a stormwater pollution prevention plan.
(d) No merchandise can be sold or displaved outside the �arden center walls:
(e) No off'-season stora�e can occur in the outdoor sal'e area' unless specified in the
special' use permit'.'
(� No intercom system shall be used in the �arden center area if site is directlX
adjacent to residentially zoned propertvl
(g) ,Creation of the �arden center shall not'disrupt safe traffic flow throu�h'the site:
(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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CfTY OF
FRIaLE7
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 25, 2010
January 20, 2010
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Consideration of a Sign Permit Waiver for Fridley Alano Society
ANALYSIS
City staff has received a letter from the Fridley Alano Society asking that their sign permit fee be
waived because they are a non-profit organization. They recently moved their business to their
new location at 6279 University Avenue, and have had many unexpected maintenance costs,
which is making it difficult to afford the sign permit fee of $350.00.
City Code Chapter 214 states that, signs erected by a nonprofit organization are not exempt
from obtaining a sign permit, but the City may waive the fee requirement. As a result, the Alano
Society, is requesting that the sign permit fee be waived.
Over the years, staff has had several requests from non-profit organizations to have their
temporary sign permit fees waived. When staff has relayed to them that staff isn't authorized to
waive fees and that they would have to make a formal request to the City Council, none have
come forward. If we receive such requests in the future, staff will ask them to submit a formal
request to the Council, just as Alano Society has for their permanent sign.
PLANNING STAFF RECOMMENDATION
Staff has no recommendation.
�'ridlep �.lan� Cab�cietp f the �'�rtheast Qhuburb.s
6279 University Avenue NE
Fridley, Minnesota 55432
Fridley Alano Society
6279 University Avenue NE
Fridley, MN 55432
December 1, 2009
Chairperson
City Planning Department
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
Dear Cha,irperson:
We have enjoyed providing our services to the Fridley community for the past 40 years.
We are a nonprofit organization that wishes to be in compliance with Fridley City Code,
Chapter 214.18. Sign Permit Requirements. Per Chapter 214.18 Section 1.D. the $350.00
fee may be waived.
We would like to request a waiver of the sign permit fee of $350.00. Our business is
undergoing many unexpected maintenance costs since our required move to our current
addtess. A waiver of the $350.00 will enable us to complete needed heating system repairs
and improve our heating utility use.
Should you require any additional information, please call me or any other board
member at (763) 571-5910. If approval of the city council is requited please let us know
when this request can be heard. Thank you for your prompt attention to this matter.
Sincerely,
� �� � ���—
James E. Morris
Secretary
Board of Directors
Fridley Alano Society
5925 University Avenue NE, Fridley, MN 55432
Telephone: 763-571-5910
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 25, 2010
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FRIDLE7`
INFORMAL STATUS REPORTS