03/29/2010 - 29291CITY COUNCIL MEETING
CITY OF FRIDLEY
MARCH 29, 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
Scott Hickok, Community Development Director
Jim Kosluchar, Public Works Director
Fritz Knaak, City Attorney
PRESENTATION:
Sanitary Sewer Service
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 8, 2010
APPROVED.
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of March 17, 2010.
RECEIVED.
2. First Reading of an Ordinance Amending Chapter 214, Signs, Pertaining to Political
Signs.
William Burns, City Manager, said recent state legislation allows political signs to be installed
forty-six days prior to a primary or general election. In view of the state changes, staff is
recommending that the City adopt the state's forty-six day sign placement standard. Staff is also
recommending that the forty-six day sign placement standard be applied to special elections.
Staff recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 2
WAIVED THE READING OF THE ORDINANCE AND APPROVED THE ORDINANCE
ON FIRST READING.
3. Receive Bids and Award Contract for the 2010 Miscellaneous Concrete Repair Project
No. 395.
William Burns, City Manager, said the work includes remedial sidewalk repair, replacement of
concrete street panels, repairs to concrete curbing, and replacement of concrete due to utility
repairs or driveway reconstruction. The bids were opened on March 16 and the low bidder is
Concrete Idea of St. Michael, Minnesota. The amount bid is $60,812.50, or 10% lower than the
amount budgeted for 2010. Staff recommends Council's approval.
RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE 2010
MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 395 TO CONCRETE IDEA
IN THE AMOUNT OF $60,182.50.
4. Receive Bids and Award Contract for the 2010 Street Improvement Project ST. 2010-1.
William Burns, City Manager, said the City opened bids from seven contractors on March 23,
2010. The low bidder for the project is Valley Paving, Inc. of Shakopee, Minnesota, in the
amount of $768,794.74. This compares with the budgeted amount of $815,000. The funding for
the project includes the following:
1. Anoka County portion for Mississippi Street east of Highway 65 and Rice Creek
Road for $261,500.
2. Special assessments to benefiting property owners on local streets for $410,000, or
about 5-10% less than previously projected.
3. State MSAS Funds in the amount of $53,298.74.
4. Sanitary Sewer Fund for $11,500.
5. Water Fund for $10,500.
6. Storm Water Fund for $22,000.
Dr. Burns said staff expects the work to begin by mid-June and to end by mid-August. More
details on the project are included in the April edition of the Fridley Community Report.
RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE 2010 STREET
IMPROVEMENT PROJECT ST. 2010-1 TO VALLEY PAVING, INC., IN THE
AMOUNT OF $768,794.74.
5. Receive Bids and Award Contract for the 2010 Cooperative Street Maintenance
Contract, Project No. ST 2010-10.
William Burns, City Manager, said each year, Fridley jointly bids seal coating, street sweeping
and traffic striping work through a cooperative bidding process with seven other Anoka County
cities. Due to budget constraints, Fridley's portion of this year's cooperative bidding eliminated
seal coating, but included street sweeping and traffic striping. The low bid for Fridley's portion
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 3
of the street sweeping work was provided by Pearson Brothers in the amount of $11, 840. The
low bid for Fridley's portion of the traffic striping was provided by Traffic Marking Service,
Inc., in the amount of $4,046. Staff recommends Council's approval of both bids.
RECEIVED BIDS AND AWARDED CONTRACT FOR THE 2010 COOPERATIVE
STREET MAINTENANCE CONTRACT PROJECT NO. 2010-10 TO PEARSON
BROTHERS IN THE AMOUNT OF $11,840 FOR STREET SWEEPING WORK AND
TO TRAFFIC MARKING SERVICE, INC., IN THE AMOUNT OF $4,046 FOR
PAINTED TRAFFIC MARKINGS.
6. Approve 2010 Reappointments to City Commissions.
William Burns, City Manager, said the commission members up for reappointment have
indicated that they would like to be reappointed for another term. Staff recommends Council's
approval.
APPROVED 2010 REAPPOINTMENTS TO CITY COMMISSIONS.
7. Claims (145402-145625).
APPROVED.
8. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded
by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to Adopt the Agenda. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Rod Hogetvedt, 201 Sylvan Lane NE, thanked Council for their support for getting the light rail
stop in Fridley and said it would be a big boost for the City. He said he noticed that the curb
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 4
and gutters were being swept and noticed all the trash in the median and shoulders. He asked if
the county or state would be picking up the trash or if a volunteer clean-up day could be
organized. He asked if this could be addressed sometime in the near future.
Mayor Lund said there have been recent issues regarding trash in that corridor. There is an
Adopt-A-Highway program and an organization will clean it in the spring and the fall. Trash
accumulates in between those times and it will get a little worse because the City is no longer
mowing or maintaining that corridor. It is the State of Minnesota's responsibility to maintain
that area.
Mayor Lund said they also receive complaints about trash around the bus stop area. Trash cans
that are in bus stop areas are usually put there by volunteers and they maintain the garbage cans.
William Burns, City Manager, said volunteers could coordinate a clean-up day for that corridor.
Councilmember Bolkcom said the bike paths are junky too so maybe an event could be
coordinated like a City Pride event.
Joe Brothers, 1021 Hackmann Circle NE, said at the intersection by his home, there is a short
sidewalk with no handicap ramp to cross the street and it leads to a walking path. It is by the
Holiday Station store. He asked if something could be done to put in a ramp as a lot of people
use that area because of the walking path. He also asked if the City had thought about
community garden plots.
Councilmember Bolkcom said garden plots are available through the Parks and Recreation
Department, but the lots go quick.
Mayor Lund said the community gardens are located by the Public Works garage for a small fee
and there is water available on site.
Jim Kosluchar, Public Works Director, said due to the high demand last year, the garden area
was expanded a little.
Jim Kosluchar said Anoka County discovered some voids underneath the pavement on
Mississippi Street between University Avenue and East River Road. They determined the voids
were significant enough to create a safety problem so the road was closed. Some analysis was
done and contractors will stabilize the road. Repair will not be completed but this will take care
of the road closure for now. The road should open on Wednesday or Thursday of this week.
NEW BUSINESS:
9. Consideration of a General Plan for Development Agreement between the City of
Fridley and T-L Fridley, LLC, for the Redevelopment of the Site Generally Located at
244, 246, 248 and 250 — 57th Avenue N.E. (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 5
Scott Hickok, Community Development Director, said at the February 8, City Council meeting,
a public hearing was held for ZOA #10-01, to rezone the property at 250 57th Avenue from C-3,
General Shopping, to PUD, Planned Unit Development. The first reading of the ordinance was
held on February 22, 2010.
Mr. Hickok said there will be two separate action items for this project. The first is the approval
of the development agreement with attachments and the second is the approval of the second
reading of the ordinance to rezone the property at 250 57th Avenue from C-3, General Shopping,
to PUD, Planned Unit Development.
Mr. Hickok said since the City Council last saw this item, one modification has been made to
Stipulation #2. Stipulation #2 required that there not be a gap of more than 36-months between
construction phases. After much more analysis and debate, staff conceded this is not only a
market-driven timeline where the developer has limited control, but there are also assurances that
the developer has had to make with Cub Foods that other development will follow in a timely
manner and no future phase will be left unattractive so as to be a hindrance to Cub, other tenants,
or the City's quality environment.
Mr. Hickok said the developer has indicated that banks will be very reluctant to finance the deal,
with uncertainty of future zoning, based on this stipulation as it was worded. As a result,
Stipulation #2 now simply reflects the language in the City's PUD ordinance and requires the
first phase to begin within 36 months. All the attachments to the development agreement have
been modified to reflect staff's recommended changes and are ready for the City Council to
approve as a final package. City Staff recommends approval of the General Plan for
Development.
Mr. Hickok said City Staff also recommends Council hold the second and final reading of the
ordinance approving the Rezoning Request, ZOA #10-01, subject to the following stipulations:
1. The property shall be developed in accordance to the General Plan for Development
Agreement, which will include the architectural plans dated February 5, 2010 and the
Architectural Design and Signage Guidelines dated March 23, 2010.
2. The General Plan for Development Agreement shall include a three-year time deadline
from district approval for commencement of construction as provided in Code Section
205.21 3 G(2).
3. The property shall be developed in accordance with the site plan SP-1 dated February 3,
2010, which will incorporate the stipulations included herein and approved by staff.
4. The building elevations and signage shall be constructed in accordance with architectural
plans A1-A8, dated February 5, 2010.
5. Phasing Plan shall be modified to show demolition of the entire 50 ft. on the front of the
building to be completed, within one year of the opening of the Cub Foods store and the
plan shall also be redone to show modification of parking areas and installation of
landscaping, signage and pedestrian connections.
6. The applicant shall obtain all necessary permits for each phase prior to construction,
including but not limited to building, land alteration, sign permits.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 6
7. The proposed project and phasing shall meet all Building code, Fire code, and ADA
requirements.
8. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit. Any dead trees on the site will need to be replaced annually.
10. Applicant for building permit, to pay all water and sewer connection fees prior to
issuance of a building permit.
11. The subject property shall not be allowed to have telecommunication facilities or
billboards constructed on it.
12. Existing light poles and fi�tures on the south side of the subject property shall be
removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes
first.
13. Truck route serving all buildings proposed for site shall follow a one-way counter clock-
wise loop entering from west entrance of site and exiting the east entrance of site; revised
site plan reflecting such change to be submitted for staff approval prior to second reading
of ordinance. No truck loading will be allowed on 57th Avenue.
14. All lighting shall be no more than 3 ft. candles at the property line.
15. Site Plan must be redrawn to relocate the outdoor sale areas to a location off of an access
drive aisle. Fence design around the outdoor sales area shall be reviewed and approved
by City staff prior to issuance of a building permit for Phase 2A. If the loss of parking or
snow storage space resulting from use of the outdoor sale area creates a parking shortage,
the outdoor sale area's use must remain solely for parking.
16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored
pavement to accommodate safe pedestrian movement between the retail buildings.
17. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
18. The petitioner shall comply with any requirements set forth by the Minnesota Department
of Transportation.
19. No firework displays shall occur within the outdoor sales areas.
20. No fertilizer shall be stored outside.
21. Access to Holiday Station store and CVS Pharmacy shall be maintained during
construction.
22. Bike racks shall be provided on site per code requirements.
23. Design detail shall be provided for the main sidewalk running north and south in the
parking lot.
24. Specific areas shall be designated for snow storage and a plan shall be submitted showing
those areas, prior to issuance of a building permit for Phase 1.
25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan
for Development.
26. Applicant will have to provide a specific stormwater conveyance and treatment system
plan for approval by Engineering for each development phase prior to construction
commencement. An approved plan may include facilities that have not been shown on
plans to date.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 7
27. Applicant will have to provide a specific temporary and permanent erosion control plan
for approval by Engineering for each development phase prior to construction
commencement. An approved plan may include facilities that have not been shown on
plans to date.
28. Access easements for the stormwater collection system, stormwater treatment facilities,
and sanitary sewer and water systems will be provided to the City of Fridley as approved
by Engineering prior to construction commencement.
29. Maintenance agreements for the stormwater collection system, stormwater treatment
facilities, and sanitary sewer and water systems will be provided to the City of Fridley as
approved by Engineering prior to construction commencement.
30. As part of a maintenance agreement for the stormwater collection system, a permanent
SWPPP will be submitted for the site and approved by Engineering to include
consideration for treatment facility maintenance, minimization of contaminated runoff
from garden center areas, truck dock areas, snow storage areas, etc. This will be
provided prior to construction commencement.
31. Applicant will have to provide a specific utility plan for approval by Engineering for each
phase prior to construction commencement. An approved plan may include facilities that
have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining
areas of all types will require e�ternal grease traps approved by Engineering on
respective sanitary sewer discharge lines.
32. The traffic study shall be revised to show traffic impacts to the site and surrounding road
network for a restaurant use or restaurant use with the drive-thru within Retail A and
Retail B. Upon completion the petitioner shall provide revised traffic data to the City,
County, and MnDOT for approvals.
Councilmember Bolkcom asked about the second stipulation where it states the developer has
36 months to start development. She asked what reassurance there is that this will happen. She
also asked Mr. Hickok to refresh the details of the first phase.
Mr. Hickok said that the first phase represents $13-20M of investment. The developers noted
banks more comfortable developing in phases. The first phase would be to move the liquor store
out and build a new liquor store on the east end, and the new Cub Foods would be located behind
that. There are no guaranteed timelines but the developers have assured the City that the
economics of this make it necessary to keep moving on. The major anchor would be built and
the developers do not want to move forward and have unsightly land around the new store. The
developer will have 36 months to get the project started and have the backing on the ordinance to
impose it to get done.
Councilmember Bolkcom said Cub Foods is not the issue. It's the retail A and B sites. There
is nothing in place to push the developer to do that other than it is better for everyone's profit to
get the project completed.
Mr. Hickok said there is no promise when it will happen but the developer will make sure the
site stays clean and neat as they want to sell the other piece of property. The bank will not be
comfortable with tight time lines and uncertain zoning in the future.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 8
Mayor Lund said he had some of the same concerns.
Councilmember Bolkcom said she did not disagree it won't happen, but Council is approving a
development plan and they have given up some things. It is not a financial investment but
investment as a community and there is no guarantee that the other pieces will happen.
Mayor Lund asked if there will be any stipulations for the ne�t phase.
Mr. Hickok said he has no information of time limitations but the construction should not stop.
It will be difficult to get a bank to finance a development because the financing mechanism has a
lot of funds being put up front and betting on future development. If there is not a willingness to
take this step, it is likely we will not see this project happen and could lose Cub Foods in that
location. Staff is most comfortable with 36 months between phases but the bank does not work
that way.
Hugh Robinson, Tri-Land Developer, said that if the rezoning is approved, it gives the City
assurance the property will be developed for that plan. If the developer wants to change the plan,
they will have to get another approval from Council. If Cub were to proceed with Phase 1 and a
three-year period of inactivity happens, Council could revoke the PUD. The lender is financing
Cub and the opportunity to create the redevelopment including the back out lots. Their financing
will be based on the zoning that is in place today.
MOTION by Councilmember Bolkcom to approve the General Plan for Development
Agreement between the City of Fridley and T-L Fridley LLC for the Redevelopment of the Site
Generally Located at 244, 246, 248 and 250 — 57th Avenue N.E. with the following thirty-two
stipulations:
1. The property shall be developed in accordance to the General Plan for Development
Agreement, which will include the architectural plans dated February 5, 2010 and the
Architectural Design and Signage Guidelines dated March 23, 2010.
2. The General Plan for Development Agreement shall include a three-year time deadline
from district approval for commencement of construction as provided in Code Section
205.21 3 G(2).
3. The property shall be developed in accordance with the site plan SP-1 dated February 3,
2010, which will incorporate the stipulations included herein and approved by staff.
4. The building elevations and signage shall be constructed in accordance with architectural
plans A1-A8, dated February 5, 2010.
5. Phasing Plan shall be modified to show demolition of the entire 50 ft. on the front of the
building to be completed, within one year of the opening of the Cub Foods store and the
plan shall also be redone to show modification of parking areas and installation of
landscaping, signage and pedestrian connections.
6. The applicant shall obtain all necessary permits for each phase prior to construction,
including but not limited to building, land alteration, sign permits.
7. The proposed project and phasing shall meet all Building code, Fire code, and ADA
requirements.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 9
8. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit. Any dead trees on the site will need to be replaced annually.
10. Applicant for building permit, to pay all water and sewer connection fees prior to
issuance of a building permit.
11. The subject property shall not be allowed to have telecommunication facilities or
billboards constructed on it.
12. Existing light poles and fi�tures on the south side of the subject property shall be
removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes
first.
13. Truck route serving all buildings proposed for site shall follow a one-way counter clock-
wise loop entering from west entrance of site and exiting the east entrance of site; revised
site plan reflecting such change to be submitted for staff approval prior to second reading
of ordinance. No truck loading will be allowed on 57th Avenue.
14. All lighting shall be no more than 3 ft. candles at the property line.
15. Site Plan must be redrawn to relocate the outdoor sale areas to a location off of an access
drive aisle. Fence design around the outdoor sales area shall be reviewed and approved
by City staff prior to issuance of a building permit for Phase 2A. If the loss of parking or
snow storage space resulting from use of the outdoor sale area creates a parking shortage,
the outdoor sale area's use must remain solely for parking.
16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored
pavement to accommodate safe pedestrian movement between the retail buildings.
17. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
18. The petitioner shall comply with any requirements set forth by the Minnesota Department
of Transportation.
19. No firework displays shall occur within the outdoor sales areas.
20. No fertilizer shall be stored outside.
21. Access to Holiday Station store and CVS Pharmacy shall be maintained during
construction.
22. Bike racks shall be provided on site per code requirements.
23. Design detail shall be provided for the main sidewalk running north and south in the
parking lot.
24. Specific areas shall be designated for snow storage and a plan shall be submitted showing
those areas, prior to issuance of a building permit for Phase 1.
25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan
for Development.
26. Applicant will have to provide a specific stormwater conveyance and treatment system
plan for approval by Engineering for each development phase prior to construction
commencement. An approved plan may include facilities that have not been shown on
plans to date.
27. Applicant will have to provide a specific temporary and permanent erosion control plan
for approval by Engineering for each development phase prior to construction
commencement. An approved plan may include facilities that have not been shown on
plans to date.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 10
28. Access easements for the stormwater collection system, stormwater treatment facilities,
and sanitary sewer and water systems will be provided to the City of Fridley as approved
by Engineering prior to construction commencement.
29. Maintenance agreements for the stormwater collection system, stormwater treatment
facilities, and sanitary sewer and water systems will be provided to the City of Fridley as
approved by Engineering prior to construction commencement.
30. As part of a maintenance agreement for the stormwater collection system, a permanent
SWPPP will be submitted for the site and approved by Engineering to include
consideration for treatment facility maintenance, minimization of contaminated runoff
from garden center areas, truck dock areas, snow storage areas, etc. This will be
provided prior to construction commencement.
31. Applicant will have to provide a specific utility plan for approval by Engineering for each
phase prior to construction commencement. An approved plan may include facilities that
have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining
areas of all types will require e�ternal grease traps approved by Engineering on
respective sanitary sewer discharge lines.
32. The traffic study shall be revised to show traffic impacts to the site and surrounding road
network for a restaurant use or restaurant use with the drive-thru within Retail A and
Retail B. Upon completion the petitioner shall provide revised traffic data to the City,
County, and MnDOT for approvals.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
OLD BUSINESS:
10. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA
#10-01, by Tri-Land Properties, Inc., to Planned Unit Development Zoning, for the
Redevelopment of the Site Generally Located at 244, 246, 248 and 250 — 57t'' Avenue
N.E.) (Ward 3) (Tabled March 8, 2010)
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
MOTION by Councilmember Bolkcom to waive the reading and approve Ordinance No. 1266
on second reading. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 11
NEW BUSINESS:
11. First Reading of an Ordinance Amending Chapter 30, Lawful Gambling, of the
Fridley City Code, Defining Licensed Organizations.
Richard Pribyl, Finance Director, said this is the first reading of the ordinance amending the
City Code, Chapter 30, Lawful Gambling. Concerns have been raised by Fridley organizations
wishing to conduct lawful gambling as they cannot find an establishment to conduct gambling in
the City. Neighboring cities have restricted lawful gambling to their own local organizations.
Mr. Pribyl said a survey was completed that indicated 7 out of 8 cities have local restrictions.
Staff has prepared an ordinance to amend the City Code. This change creates a more restrictive
requirement only allowing local organizations to conduct lawful gambling in the City. It creates
a definition of what a licensed organization is; and what requirements it must meet. It also
modifies the requirement regarding lawful expenditures and changes the percentage to 75%
rather than 50% of net funds expended in the trade area for lawful purposes within the trade area.
Mr. Pribyl said the substantive changes state that 1/3 of an organization's members must reside
in Fridley, the applicant must file a list of names and addresses of current members with each
new application for a premise permit and annually thereafter with the City Clerk, or the
organization must have had a principal business or operations located in the City for a
continuous period of at least one year preceding the permit request. It must also maintain such a
location to conduct business as long as the organization operates lawful gambling activities in the
City.
Mr. Pribyl said that organizations currently conducting lawful gambling within the City of
Fridley, not meeting these requirements can continue until April 30, 2012, or until their lease for
lawful gambling expires, whichever occurs first. Licensed organizations shall expend 75% of its
expenditures within the trade area. Staff recommends holding the first reading of this ordinance.
Tom Myhra, 6360 Able Street NE, asked if Coon Rapids could no longer operate in their city if
they could come to Fridley.
Mayor Lund answered no. There would be an ordinance change stating that an outside
organization could not get a license in the City of Fridley. Coon Rapids city ordinance would
also not allow a Fridley organization to go there.
Mr. Myhra said that his organization does not get any government help and operated purely
from donations. Businesses go through money and need money to operate from day to day with
a goal to provide more stable funds. The project is too big for their group and they have to do
something or they will cease to exist.
Mayor Lund hoped his organization could work out a deal and look at applying for a license in
the future.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 12
Terry Rath, Fridley `49er Days Committee Member, said his organization tries to get donations
from organizations to keep the organization going but raising money is tough. With this
ordinance they could start their own gaming organization to raise more money for future years.
Mayor Lund agreed that this may be an avenue to look at for more stable funding rather than
relying on outside organizations.
Councilmember Varichak asked if this change is compatible with other cities.
Mr. Pribyl answered yes. Their survey indicated that more cities had a restriction and Fridley
was unusual in not having a restriction.
Councilmember Bolkcom asked if organizations in Fridley were notified of this change.
Mr. Pribyl answered no; but said a letter would be sent out before the second reading.
Councilmember Bolkcom asked if this item should be tabled so organizations are aware of the
reading.
Mayor Lund said he was comfortable taking a vote on the first reading and allowing
organizations to voice vote their concerns at the second reading.
Mr. Pribyl said the second reading could be tabled if necessary.
Fritz Knaak, City Attorney, said the second reading would require unanimous approval as
opposed to majority.
MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Varichak.
Jerry LaFeber, Knights of Columbus, asked if organizations would be restricted from going to
two places.
Mayor Lund said there would be no limitations.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
12. Special Use Permit Request, SP #10-03, by Blue Water Properties, to Allow Limited
Outdoor Storage on the Property, Generally Located at 7685 Main Street N.E.;
and
Resolution Approving Special Use Permit, SP #10-03, for Blue Water Properties,
7685 Main Street N.E. (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 13
Scott Hickok, Community Development Director, said petitioner is seeking a special use permit
to allow the continuation of two repair garage type uses within the existing building at 7685
Main Street. In connection with the repair businesses, the petitioner is also seeking a special use
permit to allow limited outdoor storage on the southeast side of the building.
Mr. Hickok said the City Code allows repair garages as a permitted special use in the M-1,
Light Industrial Zoning District. Ron's Automotive has been renting space inside the building
for approximately 3 years and Car Creations has been renting space inside the building for
around 15 years. Ron's Automotive occupies 3,750 square feet within the building and does
general automotive repair. Body work is not provided as part of his business.
Mr. Hickok said Car Creations occupies 2,400 square feet of space within the building and is a
general metal fabricating shop specializing in repairing vintage car parts. Since these types of
businesses have been in existence on this property for several years with very little complaints,
staff feels that all impacts of the businesses can be mitigated through stipulations.
Mr. Hickok said it is important to note, that although staff has not directly received many
complaints regarding this property, it will be stipulated that vehicles being stored in the outdoor
storage area will need to be licensed and not junk vehicles. Staff will also stipulate that the
outside area be screened not only from the public right-of-way; 77th Avenue, but between the
subject property and Dairy Queen to the south.
Mr. Hickok said the City Code allows limited outdoor storage in the industrial districts that is up
to 50% of the building footprint with a special use permit. The building is 17,399 square feet, so
City Code would allow up to 8,699 square feet of outdoor storage on this site. The petitioner is
proposing to temporarily store work-in-process repair vehicles waiting for parts or pick up and
construction tools or materials within the proposed outdoor storage area. The outdoor storage
area is along the southeast side of the building and is 1,800 square feet in size, which is
approximately six parking stalls.
Mr. Hickok said on March 17, 2010, the Planning Commission held a public hearing for this
special use permit. The Planning Commission recommended approval with one minor
modification to Stipulation #5. Instead of requiring vehicles stored outside to be licensed and
roadworthy, the Planning Commission changed "roadworthy" to "under repair." Staff is
comfortable with the modification.
Mr. Hickok said staff recommends approval of the special use permit and the resolution with the
following seven stipulations:
1. No outdoor storage other than the proposed area shall exist on the site without an
additional special use permit being approved.
2. Outdoor storage area shall be screened from the public right-of-way and the C-2 zoned
property to the south by August 1, 2010.
3. Newly installed dumpster enclosure shall have door constructed on it to screen from view
of the public right-of-way by April 14, 2010.
4. Site shall not be used to display cars for sale or storage of vehicles for rent.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 14
5. Vehicles on site and within the storage area shall be currently licensed and roadworthy.
6. No auto parts shall be stored within the outdoor storage area.
7. Any auto related business on the subject property shall obtain any applicable City and
County licenses annually.
Councilmember Bolkcom asked if the dumpster issue has been resolved.
Mr. Hickok answered yes.
Councilmember Bolkcom asked in stipulation number five regarding licensed vehicles or those
under repair if "and/or" should be changed to "and".
Mr. Hickok said that this is a specialty shop so there may be a car not licensed and not working
on site.
Councilmember Bolkcom asked how staff would police those situations.
Mr. Hickok said it will put more pressure on staff.
Mayor Lund asked for clarification that they are limited for outdoor storage and any other
vehicles would have to be licensed if they are in the parking lot.
Mr. Hickok said that is correct.
Brian and Mark Anderson, Car Creations, said that cars would not be stored outside in the
parking lot because they are valuable.
MOTION by Councilmember Bolkcom to approve the Special Use Permit Request, SP #10-03,
by Blue Water Properties, with the following seven stipulations:
1. No outdoor storage other than the proposed area shall exist on the site without an
additional special use permit being approved.
2. Outdoor storage area shall be screened from the public right-of-way and the C-2 zoned
property to the south by August 1, 2010.
3. Newly installed dumpster enclosure shall have door constructed on it to screen from view
of the public right-of-way by April 14, 2010.
4. Site shall not be used to display cars for sale or storage of vehicles for rent.
5. Vehicles on site and within the storage area shall be currently licensed and roadworthy.
6. No auto parts shall be stored within the outdoor storage area.
7. Any auto related business on the subject property shall obtain any applicable City and
County licenses annually.
and
Adopt Resolution No. 2010-20.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 15
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Special Use Permit Request, SP #10-04, by Collins Electrical Systems on Behalf of
Holiday Station Stores, to Allow an Electronic Message Sign on the Existing Free-
Standing Sign at the Holiday Gas Station, Generally Located at 200 — 57t'' Avenue
N.E.;
and
Resolution Approving Special Use Permit, SP #10-04, for Collins Electrical Systems
on Behalf of Holiday Station Stores, the Property Owner of 200 — 57t'' Avenue N.E.
(Ward 3).
Scott Hickok, Community Development Director, said the petitioner who is representing
Holiday Companies, is requesting a special use permit to allow an electronic reader board sign to
replace the manual reader board on the existing pylon sign at the Holiday Gas Station which is
located at 200 - 57th Avenue.
Mr. Hickok said in 2005, the property received special use permit approval to allow an LED gas
pricing sign. At this time, the petitioner is seeking to change the existing 29 square foot manual
reader board sign with a 31.25 square foot electronic reader board sign. The total square footage
of the pylon sign after the modification will be 79.52 square feet.
Mr. Hickok said electronic changeable signs are an approved special use in any zoning district,
except residential, provided the message does not change more often than once every 45 seconds.
The sign also needs to be in conformance with the sign requirements for the zoning district in
which the property is located. The subject property is zoned C-3, General Shopping, which
requires that free standing signage can not exceed 80 square feet in size. The existing sign meets
that size requirement as will the modification of the sign.
Mr. Hickok said the Planning Commission held a public hearing for Special Use Permit
Request, SP #10-04, on March 17, 2010. They unanimously recommended approval of the
request. Staff recommends concurrence with the Planning Commission and approval of the
accompanying resolution. Staff recommends that if the special use permit is granted, the
following stipulations be attached:
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 16
MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #10-04, by
Collins Electrical Systems on Behalf of Holiday Station Stores, with the following stipulations:
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. sign shall not change more often than authorized under Section
214.07 of the Fridley City Code.
3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular
traffic in the area.
and
Adopt Resolution No. 2010-21.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Special Use Permit Request, SP #10-05, by Crysteel Truck equipment to Allow
Limited Outdoor Storage on the Property, Generally Located at 1130 — 73rd Avenue
N.E.;
and
Resolution Approving Special Use Permit, SP #10-05, for Crysteel Truck
Equipment, 1130 — 73rd Avenue N.E. (Ward 2).
Scott Hickok, Community Development Director, said petitioner is seeking a special use permit
to allow limited outdoor storage of snow plows, dump bodies, hoists, sanders, wings, and cranes,
which are products used for Crysteel's business, in the side and rear yard of the property, which
is located at 1130 - 73rd Avenue.
Mr. Hickok said the property was developed in 1988, with the construction of the existing
building. A variance was granted in 1988 to reduce the side yard setback from 35 ft. to 20 ft. to
allow the construction of the existing building. A special use permit was also issued in 1988 to
allow outdoor storage in the southeast corner of the lot. The outdoor storage area originally
approved was 6,612 square feet in size. Over the years, the outdoor storage needs have changed
for the petitioner's business and as a result, this special use permit is being applied for.
Mr. Hickok said the City Code allows limited outdoor storage in the industrial districts up to
50% of the building footprint with a special use permit. The building's square footage is 11,200
square feet, so City Code would allow up to 5,600 square feet of outdoor storage on this site.
The petitioner is requesting to have outdoor storage in two designated areas. The first area is
located on the south side of the building and will run along the perimeter of the building and
fence line. It is 2,208 square feet in size. The second area is along the east property line and will
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 17
also run along the fence line and is 1,944 in size. Both areas combined are 4,152 square feet
which is below what code would allow.
Mr. Hickok said the petitioner is also seeking a special use permit to allow for outdoor storage
space on their neighbor's property at 1131 - 72"d Avenue. That site will be analyzed in a
separate presentation. The proposed site plan meets all other outdoor storage code requirements.
The Planning Commission held a public hearing for Special Use Permit Request, SP #10-05, on
March 17, 2010. The Commission unanimously recommended approval of the request. City
Staff recommends concurrence with the Planning Commission and approval of the
accompanying resolution.
Mr. Hickok said that Staff recommends that if the special use permit is granted, the following
stipulations be attached:
1. Outdoor storage on this site shall remain in the approved outdoor storage areas only.
2. The existing screening fence shall be repainted by August 1, 2010.
3. New trees shall be planted along the western property line by October 31, 2010. Plan
shall be reviewed by City staff prior to installation.
4. Screening gate on the east side of the building shall remain closed to allow proper
screening when not in use or if necessary a new electronic screening gate shall be
installed to allow proper screening.
5. The subject property has an existing 5 ft. utility easement along the eastern property line.
The City shall not be liable for any damage to the property or outdoor storage materials in
the event that the easement needs to be utilized.
6. Outdoor storage related to this business at 1150 73 '/z Avenue shall be removed or a
special use permit shall be obtained by December 31, 2010.
7. A written agreement shall be certified and filed with Anoka County regarding the storage
area encroachment on the south side of the property.
8. A cross access agreement shall be certified and filed with Anoka County between the
subject property and Hydraulic Specialty Co.
9. No display (for sale or otherwise) of trucks or equipment will be permitted outside the
storage yard, on or off site.
Councilmember Varichak asked if this was part of the summer intern finding inconsistencies in
the City Code last summer.
Mr. Hickok said that this goes back farther than last summer. The company tried to find storage
solutions and has come to the conclusion that this is the way it needs to work.
Councilmember Varichak asked if the petitioner had any problems with the stipulations.
Jim Wyatt, Crysteel Truck Equipment, said no, he is fine with the stipulations.
MOTION by Councilmember Varichak to approve Special Use Permit Request, SP #10-05, by
Crysteel Truck Equipment, with the following stipulations:
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 18
1. Outdoor storage on this site shall remain in the approved outdoor storage areas only.
2. The existing screening fence shall be repainted by August 1, 2010.
3. New trees shall be planted along the western property line by October 31, 2010. Plan
shall be reviewed by City staff prior to installation.
4. Screening gate on the east side of the building shall remain closed to allow proper
screening when not in use or if necessary a new electronic screening gate shall be
installed to allow proper screening.
5. The subject property has an existing 5 ft. utility easement along the eastern property line.
The City shall not be liable for any damage to the property or outdoor storage materials in
the event that the easement needs to be utilized.
6. Outdoor storage related to this business at 1150 73 '/z Avenue shall be removed or a
special use permit shall be obtained by December 31, 2010.
7. A written agreement shall be certified and filed with Anoka County regarding the storage
area encroachment on the south side of the property.
8. A cross access agreement shall be certified and filed with Anoka County between the
subject property and Hydraulic Specialty Co.
9. No display (for sale or otherwise) of trucks or equipment will be permitted outside the
storage yard, on or off site.
and
Adopt Resolution No. 2010-22.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
15. Special Use Permit Request, SP #10-06, by Crysteel Truck Equipment on Behalf of
Hydraulic Specialty Co., to Allow Limited Outdoor Storage on the Property,
Generally Located at 1131 — 72"d Avenue N.E.;
and
Resolution Approving Special Use Permit, SP #10-06, for Hydraulic Specialty Co.,
1131— 72"d Avenue N.E. (Ward 2).
Scott Hickok, Community Development Director, said the petitioner, Crysteel Truck
Equipment, is seeking a special use permit to allow limited outdoor storage of snow plows, dump
bodies, hoists, sanders, wings, and cranes, on the property owned by Hydraulic Specialty Inc.,
which is located just south of Crysteel at 1131 - 72"d Avenue. Crysteel Truck Equipment has
been leasing space from Hydraulic Specialty for several years both inside and outside of the
building. Hydraulic Specialty has signed off on the special use permit application submitted and
understands Crysteel is applying for a special use permit for outdoor storage on their site.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 19
Mr. Hickok said the City Code allows limited outdoor storage in the industrial districts that is up
to 50% of the building footprint with a special use permit. The building is 29,415 square feet, so
City Code would allow up to 14,717 square feet of outdoor storage on this site. The petitioner is
requesting to have outdoor storage in two designated areas, on either side of the drive aisle
through the site.
Mr. Hickok said the first area is located on the east side of the building and is 4,000 square feet
in size. The second area is also on the east side of the building, but along the fence line and is
1,600 square feet in size. Both areas combined are 5,600 square feet which is below what code
would allow for outdoor storage space on this site.
Mr. Hickok said the Planning Commission held a public hearing for Special Use Permit
Request, SP #10-06, on March 17, 2010. They unanimously recommended approval. Staff
recommends concurrence with the Planning Commission and approval of the accompanying
resolution. If the special use permit is granted, staff recommends that the following stipulations
be attached:
1. Outdoor storage on this site shall remain in the approved outdoor storage areas only.
2. The existing fence shall have screening slats installed to allow proper screening of the
outdoor storage area by August 1, 2010.
3. The subject property has an existing 5 ft. utility easement along the eastern property line.
The City shall not be liable for any damage to the property or outdoor storage materials in
the event that the easement needs to be utilized.
4. Additional landscaping (a row of tall growing shrubs) shall be installed along the south
property line to further screen the outdoor storage area.
Councilmember Varichak asked if the petitioner was in agreement with the four stipulations.
Jim Wyatt, Crysteel Truck Equipment, answered yes.
Councilmember Bolkcom asked if this business moved away if the special use permit would
still be valid.
Mr. Hickok answered yes, the special use permit stays with the land.
MOTION by Councilmember Varichak to approve Special Use Permit Request, SP #10-06, by
Crysteel Truck Equipment on Behalf of Hydraulic Specialty Co., with the following stipulations:
1. Outdoor storage on this site shall remain in the approved outdoor storage areas only.
2. The existing fence shall have screening slats installed to allow proper screening of the
outdoor storage area by August 1, 2010.
3. The subject property has an existing 5 ft. utility easement along the eastern property line.
The City shall not be liable for any damage to the property or outdoor storage materials in
the event that the easement needs to be utilized.
4. Additional landscaping (a row of tall growing shrubs) shall be installed along the south
property line to further screen the outdoor storage area.
FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 20
and
Adopt Resolution No. 2010-23.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16. Informational Status Report.
Mayor Lund said the Fridley Historical Society will be hosting a lasagna dinner on Saturday,
April 24. The doors open at 4:30 with dinner served at 5:00 p.m. The event is at the American
Legion Post 303 on Old Central Avenue and the cost is $12 per ticket. Contact the Fridley
Historical Society for more information. Tickets do need to be purchased in advance.
Councilmember Bolkcom said there will be a paper shredding event on Saturday. The
recycling drop-off day will be held on Saturday, April 10. Fees will be charged this year.
Scott Hickok, Community Development Director, said to look at the list on the City's website
for details.
Councilmember Saefke asked if residents brought more than one item if they had to pay at each
location or just write one check. He also asked what form of payment will be accepted.
Mr. Hickok said that payments can be made in cash or check made out to the City of Fridley and
that there will be one payment location.
Councilmember Bolkcom said Spring Fling will be held on Saturday April 2 at the Nature
Center. The cost is $5 per person and children under three get in free.
Councilmember Varichak reminded residents to fill out their 2010 Census and mail it in.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:50
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor