04/25/2011 - 6182FRIDLEY CITY COUNCIL MEETING OF APRIL �s, �o1i
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CCIYOF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment
in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital
status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow
individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who
need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500.
(TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATION: Poppy Days (May 20 and 21, 2011)
PRESENTATION: Lona Schreiber—Met Council
Representative, District 2
CONTINUATION OF LOCAL BOARD OF APPEAL
AND EQUALIZATION MEETING — 7:30 P.M.
CITY COUNCIL MEETING
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Local Board of Appeal and Equalization
Meeting of April 11, 2011
City Council Meeting of April 11, 2011
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Claims (150263 — 150552)
`Qiyl
2. Licenses ......................................... 13 - 15
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
3. Estimate
ADOPTION OF AGENDA:
16
OPEN FORUM, VISITORS: Consideration of items not
on Agenda —15 minutes.
OLD BUSINESS:
4. First Reading of an Ordinance Amending
Fridley City Code, Chapter 506, Vehicle
Parking Near Mailboxes and Chapter 901,
Penalties (Tabled March 28, 2011) 17 - 19
NEW BUSINESS:
5. Consideration of Livestock License
Request by Sara Sangiovanni,
1568 Gardena Avenue N.E.
(Ward 2) .................................. 20 - 22
6. First Reading of an Ordinance Creating
Chapter 205.33 0-8 of the Fridley City
Code Pertaining to Northstar Transit
Oriented Development Overlay Zoning
District Regulations ........................ 23 - 33
FRIDLEY CITY COUNCIL MEETING OF APRIL 25. 2011 PAGE 2
NEW BUSINESS (CONTINUED):
First Reading of an Ordinance Amending
Chapter 11 of the Fridley City Code
Pertaining to General Provisions and
Fees .................................. 34 - 35
8. Receive Bids and Award Innsbruck Water
Main Lining Project No. 397 ........... 36 - 42
9. Approve Cooperative Agreement Between
the City of Minneapolis and the City of
Fridley Regarding Bicycle Parking
Project ................................... 43 - 51
10. Informal Status Reports .................: 52
ADJOURN.
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CffY OF
FRIDLEY
LOCAL BOARD OF APPEAL & EQUALIZATION MEETING
FRIDLEY CITY COUNCIL MEETING
OF APRIL 25, 2011
7:00 p.m. — City Council Chambers
Attendance Sheet
Please �rint name. address and item number vou are interested in.
Print' Name (Clearly) 'Addres Item No.
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� CITY COUNCIL MEETING OF APRIL 25, 2011
CfTY flF
FRIaLE'f
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.
PROCLAMATION: Poppy Days (May 20 and 21, 2011)
PRESENTATION: Lona Schreiber — Met Council Representative, District 2
CONTINUATION OF LOCAL BOARD OF APPEAL
AND EQUALIZATION MEETING — 7:30 P.M.
CITY COUNCIL MEETING
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Local Board of Appeal and Equalization
Meeting of April 11, 2011
City Council Meeting of April 11, 2011
FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Claims (150263 — 150552) ............................................................................ 1- 12
2. Licenses .......................................................................................................... 13 - 15
3. Estimate .......................................................................................................... 16
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
OLD BUSINESS:
4. First Reading of an Ordinance Amending
Fridley City Code, Chapter 506, Vehicle
Parking Near Mailboxes and Chapter 901,
Penalties (Tabled March 28, 2011) ................................................................. 17 - 19
NEW BUSINESS:
5. Consideration of Livestock License
Request by Sara Sangiovanni,
1568 Gardena Avenue N. E. (Ward 2) ............................................................ 20 - 22
6. First Reading of an Ordinance Creating
Chapter 205.33 0-8 of the Fridley City
Code Pertaining to Northstar Transit
Oriented Development Overlay Zoning
District Regulations ......................................................................................... 23 - 33
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� ��01 � �L� �� �01�
POPPYDAYS
May�o �3�s, �oss
WHEREAS, America is the land of freedom, preserved and protected willingly and freely by citizen
soldiers; and,
WHEREAS, millions who have answered the call to arms have died on the field of battle; and,
WHEREAS, the red poppy has been designated as a symbol of sacrifice of lives in all wars; and,
WHEREAS, the basic purpose of the annual sale of this memorial flower is reflected in the desire to
`Honor the Dead by Helping the Living; " and
WHEREAS, Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-
raising campaign are used to benefit veterans in need, disabled veterans, and the widows and orphans of
deceased veterans; and,
WHEREAS, since it began in 1921, Poppy Days has become a familiar tradition, and has been officially
recognized and endorsed by governmental leaders;
NOW, THEREFORE, BE IT RESOLVED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby
proclaimMay 20 and 21, 2011, as
POPPYDAYS
in the City of Fridley, Minnesota, and urge the residents of Fridley to recognize the merits of this cause
by contributing generously to its support by purchasing Buddy Poppies.
I urge all citizens to wear a Poppy as evidence of our gratitude to the men and women of this country who
risk their lives and have risked their lives in defense of the freedoms we continue to enjoy as American
ci tizens.
IN WITNESS WHEREOF, I have set my hand and
caused the seal of the City of Fridley to be affixed this
25th day ofApril, 2011.
Scott J. Lund
Mayor
LOCAL BOARD OF APPEAL AND
EQUALIZATION MEETING
CITY OF FRIDLEY
APRIL 11, 2011
The Local Board of Appeal and Equalization meeting for the City of Fridley was called to order
by Mayor Lund at 7:04 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
Scott Hickok, Community Development Director
Darin R. Nelson, Finance Director
Mary Smith, City Assessor, stated this meeting is held in accordance with Minn. Stat. §274.01,
and the purpose of the Board is to establish a consistent procedure. Only appeals for the
January 2, 2011, assessment year will be heard tonight.
Ms. Smith stated as the Board, the City Council has the opportunity to change values, and they
may affirm, reduce, or keep the same as far as the value goes. In reaching a decision, if the
owner of the property feels the Board did not properly assess his property, he may go to the
County Board of Appeal and Equalization which will be held at 6 p.m. on June 13.
Ms. Smith stated the responsibilities of the local board is to have a majority of the members in
attendance to be a quorum. There must be at least one member of the Board at each meeting
who has attended the Appeal and Equalization course developed by the Department of Revenue.
If the property is omitted from the tax rolls, it may be added by the Board. The Board cannot
give a class of property an increase or decrease. It can only change an individual property. If the
Board makes reductions to individual properties, the amount of the reduction cannot exceed
1 percent of the citywide aggregate value.
Ms. Smith stated if the Board finds a case of undervaluation, it may raise the value of the
property; but it must notify the owner. The Board must complete and adjourn within 20 days
from the time it convenes. Procedures for the Board of Appeal and Equalization will be to hear
the property owner's concerns and accept the information from the appellant. The Board may
then direct staff to reappraise the property and report back at the next meeting. Written appeals
will be read once the property owners who are present have completed their appeal. Once read,
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 11, 2011 PAGE 2
the Board may affirm the 2011 estimated market value, giving the property owner the
opportunity to take it to the County Board.
Ms. Smith stated the 2010 appraisal consisted of viewing 1,800 properties within the City.
These properties were located in the western and center areas of the City. Each of these
properties was initially visited and, if the owner was not at home, tags were hung asking the
property owner to give them a call. If there was no response from the owner, they would assume
some improvements had been made and add value for them. In order for these property owners
to appeal their value, staff must go through their property and physically view it.
Ms. Smith stated there were 309 residential sales that occurred in Fridley from October 1, 2009,
through September 30, 2010. These sales involved single-family homes, townhomes, doubles,
and condominiums. Of these sales, 117 were arms-length sales. Arms-length sales that occurred
from October through September are used in the State sales ratio study. To bring the City's
assessment within the State's recommended range of 90-105 percent, there were decreases on all
properties' values.
Ms. Smith stated single-family structures received a reduction of approximately 5 percent
depending on the style. Townhouses decreased by an average of 4 percent while condominiums
decreased 5 percent. Double bungalows received a decrease of approximately 5 percent. This
reduction brought the assessment within the State and County's recommendation ratio. These
adjustments resulted in an overall decrease in residential properties of 3 to 4 percent.
Ms. Smith stated the commercial and industrial sales within the County indicated that values
were decreasing. All these properties experienced an average reduction of 5 percent in structure.
There was also a decrease in land values of 5 percent. This created an overall average decrease
of 1 percent. As a result of apartment sales within Anoka County, decreases were made to the
apartment rate. This resulted in an average decrease of approximately 6 percent.
Councilmember Barnette asked what an arms-length sale was
Ms. Smith replied, a good arms-length sale is where there is no underlying conditions; such as, a
buyer needing to sell it right away. A good arms-length sale is between a willing buyer and a
willing seller.
1. Fridlev American Le�ion Post 303.
Mayor Lund asked Ms. Smith whether she or Lynn Krachmer reviewed the statements from Mr.
Watson before tonight's meeting.
Ms. Smith replied, yes, she has reviewed the letter. Everything looks okay as far as staff is
concerned. She does not see any reason to apply a decrease.
Mayor Lund asked if it was her recommendation that it was at fair value now.
Ms. Smith replied, yes.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 11, 2011 PAGE 3
Malcolm Watson, Fridley American Legion Post 303, stated he took a look at possible income
opposed to value and it came in at such a ridiculously low value that he discarded it. He did look
at the neighborhood, and that is one of the factors they take into account. They are across from
the trailer park They also have some used car lots or salvage yards in the neighborhood. Their
location in his estimation justifies some obsolescence--locational or economic obsolescence.
That is a factor difficult to measure, but if they attempted to sell their post, they would have
people looking at it as a commercial site; and it would not be very high on anyone's priority
because it does require almost constant maintenance. About every other meeting they are
finding some more repair work that has to be done on the old building. They have done fairly
well as a post, but all of them are hurting and some have closed.
Mr. Watson stated they are stuck with tax bills from the state, federal, etc. The one from the
City is very minor, but he does feel that their property should be lowered somewhat more than
what is proposed at this time. He put in figures based on what he has observed. As a building
value about $40 a square foot. It is depreciated value in its current condition, and the land value
(the locational obsolescence) at about $5 for a total value of $632,205. The members of his post
asked that he appear on their behalf because they are struggling to stay open. They have been
there for charitable purposes.
Mayor Lund stated they certainly do not want to see the American Legion Post 303 go by the
wayside. He cannot use the benefit that the American Legion provides as a consideration for the
valuation. The numbers make sense to him. He does not know offhand from looking at this if it
should be $5 per square foot. Mr. Watson made a good argument about the obsolescence and the
location. It would be more valuable if it were located on Central Avenue. He hoped the
appraisers would take that into consideration. Ms. Smith said they have looked at the building
and the land and determined the valuation is fair.
Mayor Lund asked if it was commercially zoned.
Ms. Smith, replied, yes.
Mr. Watson stated he was looking at the locational obsolescence, which factor is difficult to
measure. You have to find something in an identical-type situation. They are across from the
trailer park and the auto park storages, etc. That gets away from the obj ective which they have to
use as appraisers. They are getting into subjective there to some extent. They want to be treated
appropriately although recognizing that it is a post. It is considered commercial property, but if
the post were to fold up and they put a"For Sale" sign out there, that is what they have to look
at. He thought they would be lucky to get something over $600,000 for that property, given the
location and all other things taken into account.
Mayor Lund stated he would hope the appraiser does take that into consideration. They are
valid points. He asked Ms. Smith if those elements have been reviewed in her assessment of the
valuation of the property.
Ms. Smith replied, she feels they have. When it comes to the land value, they basically look at
the map and go parcel by parcel. When she heard from Mr. Watson, she queried all the
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 11, 2011 PAGE 4
American Legions/VFW's, that type of thing, throughout Anoka County to see where Fridley sat
as far as value per square foot. They are right in the middle. She felt looking at that part of it,
the City was okay also. She asked Mr. Watson if he was aware of the non-profit exemption that
they can use which is due every year by May 1.
Mayor Lund stated the City wants to try and be kind to the Legion and other non-profits to the
best of their ability. He asked if the value would increase with a new more expensive facility
coming in across the street?
Ms. Smith replied, no, it would not affect the value. Unless something went from Old Central
onto Highway 65, really the land there has pretty much stabilized.
Mayor Lund stated, therefore, having older things that exist there now should not bring it down.
Mr. Watson replied that is the halo effect.
Councilmember Bolkcom asked how much is the Legion's building per square foot.
Ms. Smith stated it looks like they have $52.06 per square foot on the building currently.
Councilmember Bolkcom stated she does not have anything in front of her saying what it has
been valued at.
Ms. Smith apologized and stated she did not prepare anything.
Councilmember Bolkcom asked if they needed to table this or if she was comfortable with it.
Ms. Smith replied, actually she did look at the assessments they had on there. She looked at the
different elements of the structure and felt comfortable where she was. She also compared it to
other Legions and VFWs throughout the County, and they came in right in the middle as far as
value per square foot. Overall she feels comfortable saying the value looks okay to her.
Councilmember Bolkcom asked what the City's assessed value on the building was.
Mrs. Smith replied it is not separated. She has it as $816,400.
Councilmember Bolkcom asked what the price of the land normally was per square foot.
Mrs. Smith replied on Highway 65 it could be $10 per square foot. As it goes on the secondary
streets, it becomes less. In industrial sections where it is strictly light and heavy manufacturing,
it usually runs about $3 to $4 a square foot depending.
Councilmember Bolkcom asked, do they need to review this more and bring it back? The
number was $816,400; and she asked Mrs. Smith whether they feel comfortable with what they
have there?
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 11, 2011 PAGE 5
Mrs. Smith replied, she feels comfortable with what she has. She could go back.
Councilmember Bolkcom stated, no, but Mr. Watson has it separated out into the building vs.
the land, and normally they just see a total.
MOTION by Councilmember Varichak reaffirm the valuation of PIN No. 12-30-24-13-0083,
the Fridley American Legion Post No. 303. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Tashitaa Tufaa, 7847-7893 Elm Street NE
Mr. Tufaa stated these properties were purchased approximately five years ago for a value of a
little over $1 million. They actually purchased them to use as a storage warehouse, and the City
of Fridley had zoning issues and they did not use it. They had to leave the property they
purchased as a result of zoning and moved back to Coon Rapids where they purchased another
property and are running out of that property. When they moved out they had to list it for sale.
They listed it for approximately $1.1 million. After four years they have decreased the value to
$750,000. They cannot use the property because of the zoning. The property has been empty
now for many years. The value is not there.
Mayor Lund asked what the valuation on his property was currently.
Mr. Tufaa replied, they listed it for $750,000.
Councilmember Bolkcom asked what it was on the tax statement.
Mr. Tufaa replied it is about $1 million. He apologized he did not bring it with. He stated he
actually spoke with Mr. Sutherland, and he told him they should come here.
Ms. Smith asked if they are not already taken care of this.
Mr. Tufaa replied they did not.
Mrs. Smith replied because she thought Mr. Sutherland had called her. She looked into it, made
adjustments and got back to him. The changes did go through.
Mr. Tufaa said there were actually four different properties listed. One is just an empty lot they
have no clue about it. He has a hard time understanding paying taxes on it. It does not have an
address. The explanation he was given was when the City of Fridley had the establishments it
was a way to divide the lots, not the building.
Mrs. Smith stated she remembered there were several lots, but she would like to go back to her
office and take a look because she knows she dealt with this property within just the last few
months.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 11, 2011 PAGE 6
Mr. Tufaa stated his understanding is the value of the lot that existed without any address on it
was what was being taken care of, but actually the value of the property did not go down to
$600,000. It is very frustrating for him because he will not be able to use the building for
anything, and he cannot sell it.
Mayor Lund stated he is going to recommend they give City staff some time to see if it should
be reconsidered for a reduction.
Councilmember Bolkcom asked if they were also talking about a vacant lot.
Mr. Tufaa stated there is one property in there that does not have an address but it does have an
ID number.
Mayor Lund asked Mr. Tufaa to make sure the City got all the ID numbers.
Mr. Tufaa stated he was told one of the buildings is divided into two lots.
Councilmember Barnette asked what the zoning was.
Mrs. Smith said it was industrial.
MOTION by Councilmember Barnette to postpone this item until the April 25, 2011, Board of
Appeal and Equalization meeting. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom receive into the record the letter from Malcolm Watson.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to continue the Local Board of Appeal and Equalization
Meeting to Apri125, 2011. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Respectfully submitted,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
Collins, Rol�erta
From: John Haluska [john.haluska@gmail.com]
Sent: Friday, April 22, 2011 2:31 PM
To: web-CityMgr
Subject: City of Fridley: Serving on commissions
This is an enquiry e-mail via http://www.ci.fridlev.mn.us/ from:
John Haluska <iohn.haluska(��mail.com>
Bill,
I just got off the phone with Roberta regarding an application I had submitted online
expressing my interest in being considered for a position on a city commission. I had spoken
with Roberta back sometime ago when I had submitted my application just to make sure it had
been received. In that previous conversation I was assured that it had been received and that
in due course, like the rest of the applicants, I would be contacted to be interviewed. Today
I learned from Roberta that three open positions had been filled.
I was never interviewed.
I was never contacted as to the disposition of my application.
While I am not in anyway contending that I would have been better qualified than any of those
selected to fill the positions, I was certainly qualified enough to be considered, or am I
missing something here?
I would like an official and written explanation as to the city's policy on filling such
slots and I'd like to know what, if anything, went wrong in this case and if so, why and what
corrective action is being taken.
I look forward to hearing from you.
7ohn Haluska
5660 Arthur Street NE
Fridley MN 55432
612 281 0700
john.haluska@gmail.com
�
CITY COUNCIL MEETING
CITY OF FRIDLEY
APRIL 11, 2011
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
Scott Hickok, Community Development Director
Darin R. Nelson, Finance Director
Pam Reynolds, 1241 Norton Avenue NE
Pat Gabel, HRA Commission Member
Donald E. Anderson, Jr., 7304 West Circle NE
Michelle Livingston, 219 — 57th Place NE
Anoka County Commissioner Jim Kordiak
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 28, 2011.
Councilmember Bolkcom referred to page 7, paragraph 8, indicating it should read that she said
"the City's normal process... ."
Pam Reynolds, 1241 Norton Avenue NE, referred to page 13, paragraph 1, line 4, and said it
should read ". .. ordinance, two have. ..."
APPROVED AS CORRECTED.
NEW BUSINESS:
1. Approve Proposed Comprehensive Sign Plan Amendment for Fridley Commerce
Center, Generally Located at 201— 57t'' Avenue N.E (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 2
William Burns, City Manager, stated the proposed changes to this plan include LED lighting to
replace backlit incandescent lighting and the elimination of a requirement for those letters in the
sign to have gold trim. Staff recommends Council's approval.
APPROVED.
2. Motion to Approve the Recommended Disbursement of the Twin Cities Gateway
Community Grant Funds for the City of Fridley.
William Burns, City Manager, stated this is Fridley's share of the 3 percent lodging taxes
distributed back to cities from Twin Cities Gateway for marketing and promotion of their
different events. Cities typically get $2,000 or a portion of the lodging tax, whichever is greater.
In the past, Fridley has been getting $2,000 and donating it to the Fridley `49er Days. Our
stipend this year is $3,081. Staff recommends the following distribution: `49er Days, $2,000;
Pumpkin Night in the Park, $540.53; and WinterFest, $540.50.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. Claims (150193 - 150448).
APPROVED.
4. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item No. 2 be removed.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
No. 2. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom approving the agenda with the addition of Item No. 2.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 3
OPEN FORUM:
Michelle Livingston, 219 — 57th Place NE, stated she is a recent homebuyer in the Fridley area.
She asked about the construction over by Cub Foods. She recently received the construction
updates, and all the information was very good. She could not translate it all, but it has been
very informative and very prompt.
Councilmember Bolkcom asked if she was talking about the street reconstruction.
Ms. Livingston replied, yes, the infrastructure being one and the transit overlay that is going to
be done. She wanted to know what the immediate impact would be with the new construction
coming in.
Mayor Lund asked if she was talking about the new mill and overlay.
Ms. Livingston replied from 59th to 61st. The entrances and exits, the roads, etc.
William Burns, City Manager, stated the streets are listed in the April newsletter. With respect
to the timing and procedures, she should call Layne Otteson.
Councilmember Bolkcom told Ms. Livingston she would get more letters as the street
reconstruction happens.
Ms. Livingston asked if anyone knew when it would start.
Dr. Burns replied, he was not sure they know yet when they are going to start on that proj ect. It
would depend on when they had their preconstruction meeting. If she cannot get Layne Otteson,
she can give him a call, and he will make sure she gets and answer.
Councilmember Bolkcom asked for a flood update.
Dr. Burns stated the river hit a peak of 814 on the 79th Lane gauge this morning and is holding
steady. The National Weather Service has lowered their predictions for Fridley's section of the
river and predicts fairly stable river levels through the week. While significant rainfall over the
next few days could cause it to rise, that is not anticipated at this time. They are not planning on
installing the 100 hp pump at 79th Way and Riverview Terrace at this time. They will start
picking up the neighborhood sand piles later this week unless the situation changes. The
flooding situation does not look threatening at this point.
PUBLIC HEARING:
5. Consideration of a Text Amendment TA #11-03, by the City of Fridley, to Consider
the Creation of a Transit-Oriented Development Overlay Zoning District Near the
Northstar Train Station (Continued February 7, 2011).
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 4
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 PUBLIC HEARING WAS OPENED
AT 8:01 P.M.
Scott Hickok, Community Development Director, stated the purpose of the Northstar Transit
Overlay District is to promote all modes of transportation in this area. It encourages pedestrian-
friendly development. It would allow for a safer environment for pedestrians and cyclists. It
would create a Northstar neighborhood identity. It would reduce automobile dependency by
encouraging a variety of land uses within a half-mile of the station. It would also provide more
life-cycle housing opportunities as a result.
Mr. Hickok stated the theme here is potential and an invitation for other things that make multi-
modal and neighborhood opportunities greater. Hyde Park's smaller lot special zoning transit is
needed to support one-car households. Hyde Park contains the type of work force housing that is
needed in a transit district. Much of that exists right now. Hyde Park's existing multi-family
housing cannot improve without the TOD code. The Hyde Park zoning right now only allows
for single-family residential. There was a Hyde Park text amendment recently that allowed for
the non-conforming uses to become recognized and to be able to be rebuilt within their footprint.
A TOD overlay would allow through a TOD-approved plan by Council later, redevelopment of
that multi-family as well. The TOD code ensures high-quality building materials if a new multi-
family or other development were to occur.
Mr. Hickok stated the Fridley HRA reviewed the Code in its draft form on January 6. The
Planning Commission held its public hearing on January 19. The City Council held its public
hearing on February 7, and Council asked that there be a public meeting with the residents in this
area to hear their concerns and to understand what questions they have that might not have been
covered as part of the hearing process. A second direct mail notice that was sent to those
affected property owners. The City held two informational meetings, one in the afternoon and
one in the evening. City Council members attended those meetings as well. At those meetings
there was good discussion. Staff attempted to answer the questions and heard opposing views,
but no text changes specifically were requested or recommended through the audience as part of
that process.
Mr. Hickok stated regarding Code changes staff proposed, height limitations of the underlining
zoning districts shall apply except in the Hyde Park zoning district where a building height of 45
feet shall apply. The Mayor was concerned at the last meeting, and this is an underlined segment
of the sentence to define that "if a development includes tuck-under or underground parking." It
would give the three-level apartment buildings in that area the opportunity to rebuild maybe with
a garage underneath to provide some parking on that site or it would provide opportunities for a
new multi-family development and really encourages parking underneath the building as
opposed to spreading out on the land.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 5
Mr. Hickok stated staff also recommends changing the process and design criteria language to
clarify that single-family housing in Hyde Park is exempt. Therefore, if somebody wanted to
buy one of the vacant lots and build a single-family home, they would not go through the transit-
oriented development application process. However, anything other than single-family
residential would need to come back; and there would be a series of hearings with the Planning
Commission and Council, to review the TOD plan. At that time, Council could make the
decision whether or not the plan fits this area or if it needs additional work.
Mr. Hickok stated the Planning Commission unanimously recommended approval with the text
changes under the "Purpose" section which was done. Staff change was conveyed in the
February 7 draft. Staff also recommends incorporating the changes in the text of the ordinance
draft which staff is recommending for first reading, which would be on April 25, 2011.
Councilmember Bolkcom asked Mr. Hickok to indentify the boundaries.
Mr. Hickok stated the Transit-Oriented District includes the area basically from 61st Avenue
south to I-694 and from the river to the backside of what they call Gateway NE and Gateway
East on the east side of University Avenue. It does include the first property south of 57tn
Avenue on Fourth Street and the SuperAmerica store as well.
Mr. Hickok stated there is a little appendage that goes up on the west side of the railroad tracks
to 62"d Avenue and then comes back down, takes you over to the river, down I-694 around
SuperAmerica, up the frontage road, behind what they call Gateway NE and Gateway East, west
around the apartment building on the northwest corner of University, and then follows 61st back
to the point of origin. This map actually becomes part of the text amendment as well and
attaches so that people would know precisely where it is.
Councilmember Bolkcom asked if it would be fair to say that the majority of the people he has
heard from that have concerns are the people who live in the Hyde Park neighborhood.
Mr. Hickok replied, the majority, yes. That would be fair.
Councilmember Bolkcom stated she attended both meetings, and she thought there was some
good discussion. She did hear loud and clear from the people from the Hyde Park neighborhood
that they did not want to be in this Overlay District. Many of their concerns were they have a lot
of rental housing there already and there would be more rental housing. If you look at that little
area, there is a lot. Some of them are older buildings and some are not well kept up, and there
have been some issues there. She asked if the area could be left out and put back in. She thinks
that until the commuter rail starts running more than 12 trips a day, people are probably not
going to move to this area unless they have the exact kind of job that takes them downtown and
home on that commuter rail. They have heard from many people in these different areas, even at
the Corridor meeting, that they do not ride the train because the times are not what they wanted
them to be. She asked what it would take to put it back in and what would prevent them from
taking it out.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 6
Mr. Hickok replied he would not recommend they do a TOD overlay if they are not going to
include Hyde Park. Hyde Park really is essential to part of this TOD overlay district. Part of the
problems that have been identified with the aging multi-family housing stock in Hyde Park is by
virtue of the fact that there has not been any incentive, and they can now rebuild to gain back as
conforming status. However, there is no inspiration. There is no invitation, no opportunity for
other development to happen in there. They did hear support from the people who live in Hyde
Park or that area who said they need it, want it and support it. He does not think it is entirely fair
to say that the people have spoken, and Hyde Park should not be in it. It is really important to
know that there is a mix of opinions on that. Why is it that St. Louis Park, Golden Valley,
Richfield, these other cities are getting development; and we are not? You have to lay out the
invitation.
Mr. Hickok stated to answer the other part of the question--why not wait and see if train
ridership picks up and then put Hyde Park back in, this is a thing that has a long curve. No one
expected the parking lot to be half-full even at the time the rail opened up. It takes a long time
for people to get comfortable with riding the rail. It takes a long time for that ridership to
develop. No one is ready to say, it is a failure or that development cannot happen along this line
either. The market will drive when that happens, but it is extremely important that, if it is going
to happen, there is a welcome mat here that says, alright, the City will consider it. They would
have to come back to the City Council and have hearings before a TOD amendment could take
place, and they could not do a development anything other than single-family or rebuilding
basically the non-conforming use in the same footprint. Anything else would have to come back
to them.
Mr. Hickok stated the recommendation of staff would be to not do a TOD overlay if Hyde Park
was not a part of it.
John Anderson, 5909 Second Street, stated the way Mr. Hickok phrased it was we need the
TOD district in order for them to have redevelopment in Hyde Park They cannot have
redevelopment in Hyde Park because zoning in Hyde Park does not allow multi-family property
owners to redevelop their property. One of the things he brought up in the community meeting
was why not correct the zoning in Hyde Park that will allow these multi-family owners to
redevelop their properties. They can create the height requirements, the density requirements,
etc., whatever it might be. The TOD district is not necessary. The apartment building owners
should be able to redevelop their property. Not to their exact footprint but to whatever the new
zoning might be.
Councilmember Bolkcom asked Mr. Anderson if he was saying it should be changed to some
other zoning.
Mr. Anderson replied, correct. There are four apartment buildings behind his property. If they
had zoning where they could buy up those four apartment buildings and redevelop them into
something better, whether it is the same density a little higher or less, that might give them the
inspiration to build something better and stronger, and help build up the neighborhood. There is
no inspiration because they refuse to let people be inspired based on the kind of zoning. The
biggest problem with the TOD is it gives staff and City Council complete control over
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 7
somebody's property. If you operated within a zoning parameter where somebody came here
and they qualified with the appropriate requirements for the zoning, they would not be able to
say, no, arbitrarily.
Mayor Lund asked Mr. Anderson if he wanted the current or future Fridley City Council or staff
to have control.
Mr. Anderson replied, zoning would have the control.
Mayor Lund said he would give an example of how he thinks there is a gap in what Mr.
Anderson is suggesting they do. The Van-O-Lite building on University Avenue was not that
old and it has been torn down. It was just a basic block building, two stories tall. People came to
them and asked why they would allow that building in a highly-visible corridor like University
Avenue. His point was, it never came to them. The owners met the zoning requirements and met
the building code. The zoning was in place for them to build the building the way they did. In
his mind it belonged back in with the industrial areas. He would think the neighborhood would
say, great. If they are okay with redevelopment, then why not have some restrictions where they
get something of higher caliber, better quality, conducive to what they envision. They have the
Northstar rail which he thinks it is a longer-term commitment of 10 to 20 years or more. There is
a redevelopment process that is in the works hopefully for the Cub Foods area. He thinks those
are nice elements.
Mr. Anderson asked if the City owned the property.
Mayor Lund replied, no. The HRA owns it now.
Mr. Anderson asked whether the people who complained about it owned the property.
Mayor Lund replied, no, they did not.
Mr. Anderson asked, who normally has the best interest in a property? The property owner or
the person who drives past it?
Mayor Lund replied obviously the property owner.
Mr. Anderson replied they have to allow for some mistakes. You do not own your view
essentially.
Mayor Lund stated he thinks reasonableness is important, too. Neighbors should get along.
Mr. Anderson asked why it could not be placed into overall zoning of the neighborhood.
Ms. Livingston stated she has lived in Fridley for about seven years and purchasing the double
bungalow for her was a great opportunity to stay in Fridley. One of the things she likes about
Fridley is the ordinances. The control of properties. She understands that sometimes it can get
out of hand where it is just a simple thing to a homeowner or even a tenant which she has been
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 8
for seven years. In the broad spectrum of things and representative of community and economic
development of things are positive. When she saw and heard about the TOD she was very
excited. The home itself presented a great opportunity; however, the neighborhood was blighted
to her. She does notice there are many multiple dwellings, but there are great neighbors as well.
Some of the properties just have not been kept up to par as she would perceive as a tenant and/or
owner so she was excited about it. Her concern with the rail is that she has been trying to catch
that train since they brought it in. She rode it the first day, and she absolutely loved it. However,
trying to change her life to accommodate the scheduling has been a monster. She was asking
why bring this through and spend all this money on it. Everybody is in line to ride it, and they
can only ride it if you work 9 to 5 or 8 to 4. The last train leaves out of downtown at 6:15 p.m.
Her only concern with the whole change is are they are going to be doing it in vain where the
ridership is not going to be there because the availability of the train is not there. However, she
is totally all for it. Her biggest concern as a new owner is the cost and affordability for herself as
she tries to maintain her property and bring it further up to Code. She has a 1957 30-inch
doorway place. With the new development are these requirements going to come to update,
upgrade, etc.? Her tenant who just moved in there did say, there is absolutely no lighting on this
street; and she was glad to say there should be and maybe eventually there will be. There is a
new development coming in. Her tenant did not like hearing that, but she did like knowing that
maybe there is going to be lighting.
Ms. Livingston stated she is for the economic development. She thinks it is going to do a lot for
Fridley. She thinks it is a great place to be. There are a lot of mini malls, but there is no one
place in the center of Fridley where people can walk to, catch the bus to, and do all of their
business. And then there is the train. Hopefully they will extend ridership time and hours so that
this whole plan will be effective. She believes as a community they all do live together whether
they are renters or owners, and it helps build community when you have certain things that keep
other things from getting out of control.
Dr. Burns stated to Ms. Livingston if she gave him a call he would be glad to take up her cause
on the scheduling of the trains. He can try and help her. He also mentioned the Housing
Redevelopment Program she might want to take advantage of.
Mr. Hickok stated people should know they are in control of their property. This TOD does not
mean that they would lose any control over their own property. Somebody has the ability to say,
no, they do not want to be involved in the redevelopment. If a developer comes knocking on
their door, they can just simply say, no, do not include my property.
Councilmember Bolkcom stated she thinks the fear is that I might not want to sell my property
but everyone around me does, and now suddenly I am a single-family home and there is a 4-plex
that has now become a 8-plex or 16-plex because they bought up a couple of homes.
Mr. Hickok stated they would need a TOD approved in order to do what she is suggesting.
There would be $4, $5, and $6 million of development at your doorstep that really helps the
value of your property. Even if you chose not to be part of that and you are next to it, it has a
positive influence on your property as well.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 9
Pat Gabel, HRA Commission member, stated she does not think they are really clear on how a
lot of people feel because as she has been working around the neighborhood, there is still a lot of
confusion and a lot of distortions and fear mongering. They cannot really control that, everyone
tried, there were meetings and all kinds of explanations, people tried to answer them. The people
that make the most noise are the negative people. The bottom line is there is one simple truth
here. Nothing has happened in Hyde Park for four decades unless the City has done something.
The City has gone in there and gotten rid of the mechanical buildings, Sam's Used Cars, and an
apartment building. They saw to it that nice new homes went up. As a member of the HRA she
is thrilled to see new things happening there.
Ms. Gabel stated in four decades it did not happen by itsel£ It had to have a catalyst. That is
the way that she sees the TOD. She has difficulty understanding what anybody is afraid of. Her
biggest fear is this will not happen. Good things have to happen slowly. This is not going to
happen overnight, or even next year. It will probably be a 5-10-30 year project. She thinks they
will see an increase in usage of the light rail with the price of gasoline.
Councilmember Varichak stated this basically is a plan and is something where people have to
come to the City with the plan, and they can either approve it or not approve it at the time it
comes before them. If they feel it is a plan coming in that does not fit in that neighborhood
where they want it to go, they have the authority to say, we do not agree with that, correct?
Mr. Hickok stated, yes, that is correct. The one thing in this ordinance that is more specific
probably than any other chapter though is the fact that they lay it out. If you are going to get to
"yes" with this or future Council/staff chose the criteria by which you would do it. It is pretty
much laid out in this Code that if you bring this kind of development which has all of the things
that are built into the design criteria, that is how you would get to a"yes." Council still has the
opportunity to turn it down. There is a lot of room in this ordinance. It is as complex as any
zoning ordinance that the City has. They need to meet the City's strict criteria or the
development does not happen.
Councilmember Saefke stated apparently there are some discussions that this TOD would cost
the taxpayers some money, and it is his understanding there is no tax or assessment, etc.,
associated with the TOD. It is all up to the developers and a lot of it has to do with the things
like sidewalks, lighting, etc. When he was a kid, they had a downtown Fridley, and it was
walkable. It had sidewalks and the setbacks were not what they are today. That is kind of the
vision he has for the future, of course with more modern buildings, etc. Also, this district they
are talking about really does not necessarily have any immediate impact on the Hyde Park
neighborhood. They are talking all the way from the river to the property the HRA purchased.
He can envision a place where you can walk and see an attorney if you need to or a dentist,
perhaps a bakery, etc. It reminds him a little bit of the small towns in out-state Minnesota. He
does not really see a major impact on individual residential property owners in the Hyde Park
neighborhood unless they want to make improvements on their own.
Mr. Hickok stated he keyed in on a real important point. The beauty of this is we do not get a lot
of development in Fridley. For example, when Medtronic came here, they paid for their
sidewalks, their pathways, their lighting, and their landscaping. That is how development
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 10
typically works. In the Hyde Park area there are roads there already so it is not that the
developer would necessarily have to put in a road, but around the building they would be
required to do the landscaping, the lighting, sidewalk, and the patios that they are building into
their proj ect. It would be at their cost.
Councilmember Bolkcom asked how they arrived at some of the requirements.
Mr. Hickok stated they visited transit-oriented development. Not only in person, but through
research about what has worked across the country and here in the metropolitan area. They did a
lot of research on what has worked, and they have learned a lot about what does not work around
bus/train stations and light rail. There are a lot of factors that go into it. Safety, aesthetics, and
ease of movement. As a multi-modal thing, you do not want to put people walking and on bikes
where other vehicle activity is without doing it safely. Those pieces were really pieces that they
focused on as they looked at the different ordinances that were out there.
Mr. Hickok stated it was rare that you would find an ordinance that did not blend the pedestrian
and vehicle and bike discussion along with some of the aesthetics you would expect to see that
create the environment you would see around a transit-oriented development. They are really
exciting places. They are new and vibrant. They are meant to really encourage you to leave the
car at home, get out and go for a walk or get on your bike. Those are the kinds of things built
into this text to make sure that when this happens in Fridley, people could have that same kind of
experience. It was a compilation of a lot of ordinances, a lot of visiting, and a lot of research.
Councilmember Bolkcom asked whether they visited any actual commuter rail vs. light rail
areas.
Mr. Hickok replied, yes. The northwest Chicago line from Harvard down into downtown
Chicago, was one of the sites that they visited. He personally has visited stations along the east
coast. He has ridden the train around the Washington D.C. area. He does have personal
experience with what he has seen that does work and some tired locations that do not. He can
guarantee there are not any of those tired features in this ordinance.
Councilmember Bolkcom asked whether there were any areas similar to Hyde Park that often
change once they had a transit redevelopment area.
Mr. Hickok replied, yes. The further out you get from Chicago, the more "small town" the
stations start to feel. Harvard was a great example of a small town that could be Mayberry with
its little town square. It is very small town and very quaint. As you move in, Palatine was a city
that their staff and developers have described to be very, very much like Fridley where there is a
mix of industrial, residential, and some commercial nearby. That is really one of the most
interesting stops along that particular trip that they took They basically have the same scale
around their station. They have a lot more passenger trains. He thinks they are on a schedule of
about every 15 minutes with their commuter rail, much like our light rail is in this metro area.
The people at the Northstar Corridor Development Authority have said the Palatine story
reminds them very much of Fridley. Palatine about 35 to 40 years ago was probably very much
like Fridley is around our station today.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 11
Commissioner Kordiak stated when it comes to the subject of rails, he has to admit he was
heavily involved in bringing the commuter rail train to Anoka County and putting it into the
State of Minnesota. It is highly unique in this state. It is not light rail. It is commuter rail. It is
a"going-to-work" train. It's an 8 to 5 train. It does not work for everybody. Buses do not work
for everybody. His wife rides it every day except when she has a doctor's appointment, etc. For
the most part it serves a very real purpose. He would like to see the Fridley station far more busy
than it is today, but he would agree it was not built for the first day or the first year. It was built
for 50 to 100 years. It will be there forever. He expects over time to see an ever-increasing
opportunity for use of that rail. His son-in-law lives on the outskirts of Philadelphia. He is on a
"going-to-work" train. He works downtown at a university. He takes the train to work every
single day and back again. He lives in a neighborhood where that service is provided. It serves a
purpose. Will it work for Hyde Park over the next 10 to 30 years? He really thinks so.
Circumstances will change, job opportunities will change, and gas prices will change. He would
hope that drives people more and more to the train. His wife has several "going-to-work" friends
she made that are on the train every single day. She will tell him as many people get off the train
at Fridley from coming up north that are going from Fridley downtown. The trip from here to
downtown is really short. We are pretty spoiled in this country to be able to jump in our car and
drive and waste gas. It is still cost-effective to ride the train. They shuttle kids from bus stations
to there. Medtronic does and can. Onan does. The railroad people get off there. People from
every facet come and enjoy it. It is not for everybody. They would like to see it more productive
but they built it for long term. He said some day Hyde Park will benefit from that infrastructure
as well as the rest of the City.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 8:53 P.M.
OLD BUSINESS:
6. Second Reading of an Ordinance Amending Chapter 508 of the Fridley City Code
Allowing for the Temporary Sale of Strong Beer and Wine at Commons Park and
Community Park during Community Festivals.
William Burns, City Manager, stated this ordinance change allows for the sale of strong beer
and wine at Commons and Community Parks by non-profit organizations at community festivals.
The current ordinance allows for 3.2 beer at Commons Park for community festivals including
`49er Days. In response to comments raised at the March 28, 2011, Council meeting, they have
changed the words, "non-profit public or private organizations" to "non-profit public and non-
profit private organizations." While Council expressed some concern with the term "community
festival," the City Attorney is recommending they maintain the current language. This wording
gives the City Council full control and discussion over what constitutes a festival and who can
run one. Staff recommends Council's approval of the second reading of this ordinance.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 12
Councilmember Bolkcom asked Attorney Knaak whether he is saying that if a non-profit group
or non-profit organization comes before them and they say, well, it is a community festival, the
City Council still has a lot of discretion. Community festival to her could be 20 people that want
to have a party and are inviting people from the community. She asked Attorney Knaak if he felt
he could defend this.
Fritz Knaak, City Attorney, replied, yes. Council has the discretion to define what a
community festival is. Somebody would have to come to them and ask Council could establish
at that point whatever reasonable criteria they chose. If someone would say there are 20 of us,
we want to have a party and we are inviting some friends in the community. Council's response
could be no. That is not a community festival. We are looking clearly at something that is in
line with something such as `49er Days that has a community-wide impact. If they were to try to
force their hand in that kind of situation or take you to court for the right to have their version of
a community festival, there is virtually no doubt in his mind that a court would support their
view given the fact that the `49er Days festival is already in place as an example.
Councilmember Bolkcom stated if that is all it exists for, why not just say `49er Days? What
about the Banfill-Locke Center for the Arts? They have an art festival every September. It is a
community festival, it is non-profit. Would that be easy to defend if they want to say "no"?
Attorney Knaak replied, yes.
Councilmember Bolkcom asked, why?
Attorney Knaak said it is fully in Council's discretion to describe what community festival is.
They might decide to say yes. It gives Council the discretion without having to do a resolution.
However, once they have said "yes," he thinks they would have a problem next time saying, well
that is really not what we meant. Once they define something that way, collectively as a
Council, using Banfill-Locke as an example, then there are two community festivals.
Councilmember Bolkcom stated it does leave it open to allow other non-profit organizations to
come forward.
Mayor Lund asked if she felt more comfortable having it simply say "Fridley `49er Days."
Councilmember Bolkcom replied, yes. She is concerned because although Attorney Knaak
says he can defend this, a lot of time they have said "no" to something and they have been taken
to court and have been proven wrong.
Councilmember Barnette asked what would happen if he was going to have a marriage
ceremony and was going to lease out the facilities in Locke Park from the County, and he wants
to be able to serve strong beer and wine at his wedding. He asked if he could do that.
Councilmember Bolkcom stated he is not a non-profit.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 13
Councilmember Barnette replied, no, he is just a guy putting on a wedding. He is not making a
profit from it. He is going to provide the strong beer and wine at his wedding. Could he do that?
Attorney Knaak replied as a practical matter, no. It would be up to Council to make that
decision. However, he does not think they would have a difficult time with that choice.
Councilmember Barnette stated he is leasing the facility at a county park in the City of Fridley.
He asked why he could not serve strong beer and wine.
Dr. Burns stated they already have the community festival language as it relates to Commons
Park, and they have had no problem up to this point. He does not think they are going to have a
problem. It is hypothetically possible but, based on their past experience, it has not happened.
Councilmember Bolkcom stated but they are changing it to strong beer. That is the only reason
she is bringing it up because it might be more attractive.
Dr. Burns stated if this does not work, they always have the ability to change it at some point.
Change the definition to something more finite.
Councilmember Barnette asked if he could serve strong beer and wine at his wedding at the
County facility.
Attorney Knaak replied, not as a community festival, no.
Councilmember Barnette stated he thinks there will be those kinds of requests for those kinds
of activities as long as this opens that door.
Attorney Knaak replied the simple solution is to just keep it restrictive to define just that one
organization, and let someone else ask.
Councilmember Barnette asked what about another example, Dog Park Lovers, they are a club
now. Could they do it?
Dr. Burns replied, that would be up to the Council. They would have to determine whether that
constituted a community festival which it probably does not.
MOTION by
Ordinance No.
Saefke.
Councilmember Varichak to waive the reading of the ordinance and adopt
1279 on second reading and order publication. Seconded by Councilmember
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 14
7. Resolution Authorizing the City of Fridley to Enter into a Connectivity Services
Agreement with Community Anchor Institution(s) for Broadband Services and Co-
Location Service Site(s) with Anoka County and Authorizing the Mayor to Execute
said Agreement (Tabled March 14, 2011).
MOTION by Councilmember Barnette removing the item from the table. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Darin R. Nelson, Finance Director, stated this was tabled because of the lack of a countywide
uniform agreement. A uniform agreement has now been finalized and prior outstanding issues
have been resolved and addressed. One of the main issues delaying this agreement was the lack
of the language addressing the City's cable franchise authority. They wanted to ensure nothing
in their agreement potentially jeopardized their franchise agreement with Comcast. Specific
language has now been added, and the City Attorney has opined that the City can move forward
without any renegotiation or concessions with Comcast.
Mr. Nelson stated on December 14, 2009, Council passed a resolution supporting the efforts of
Anoka County to bid out the broadband vision. Another vision included soliciting public private
partnerships and federal funding. Since that time, Anoka County has entered into an agreement
with Zayo Bandwidth to construct a$19.1 million fiber optic backbone. Funding consists of
$13.4 million from the federal American Recovery and Reinvestment Act, along with Anoka
County and Zayo Bandwidth each contributing $2.9 million. Even though Fridley is only part of
the overall project, laying a fiber network is an expensive undertaking and a self-funded fiber
project by the City would be cost prohibitive. However, as part of the countywide
federally-subsidized project, the City stands to gain benefits far in excess of its investment.
Mr. Nelson stated these benefits include high-speed connectivity not only to remote City
locations, but other locations such as Anoka County and the State of Minnesota. High-speed
connectivity will enable increased collaboration between agencies allowing for more efficient
use of applications. Emergency services will also be enhanced. In addition, the fiber project will
have a dark fiber availability for future use. The dark fiber is basically an unused optical fiber
that can be used for future services and expanded bandwidth for up to 120 years. Anoka County
has an indefeasible right of use (IRU) in this dark fiber. This is kind of an added protection for
the integrity of the network. Even if Zayo Bandwidth is no longer available to provide
maintenance or support, Anoka County will still have access to that dark fiber.
Mr. Nelson stated in addition to these public benefits, our community benefits as well. This
fiber network will be owned and operated by Zayo Bandwidth, a private company, which will
allow service to local businesses and homes throughout the community. Having this type of
infrastructure in place can be a real engine for economic growth. He provided a listing of sites
within the City of Fridley that are city-owned facilities, which include City Hall, the Public
Works garage, Springbrook Nature Center, the Fridley Community Center, all three fire stations,
the Commons water treatment plant, and various other county and school locations as well.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 15
Mr. Nelson stated some of the obligations Anoka County has to the City of Fridley in regards to
this agreement are coordinating Zayo activities within the City. They will coordinate between
entities on the network to resolve user technical issues, and they will ensure that these are only
used to pay direct costs of the project such as the $2.9 million grant match on Anoka County's
behalf.
Mr. Nelson stated the City needs to provide adequate space for equipment and fiber within our
site locations. The City also needs to provide contact information access to the equipment for
repairs and maintenance. If the City is electing monthly service, it needs to pay a monthly fee as
well. The City needs to cooperate regarding network congestion and other issues.
Mr. Nelson stated this agreement will be in effect through August 16, 2016, with an additional
three five-year extensions on top of that. It is a long-term agreement with the County. The
initial equipment cost will be picked up at the anchor site by Zayo. For other equipment
replacement after the warranty on the initial equipment is expired in 2017, the City will be
required to pay the pro rata cost for new equipment that comes in. Basically that is just the
equipment in our building. The City will only be required to pay the portion we are using. If it
is being used for private purpose, it will be picked up by the private company.
Mr. Nelson stated as far as service-level requirements, through its agreement with Zayo, Anoka
County will provide connectivity services to anchor sites previously mentioned. Dark fiber will
be installed at each co-location site which again is reserved for future use. The transport services
will meet or exceed 99.999% of the network availability for the protected optical network The
Mean Time to Repair (MTTR) will be four hours for protected services and eight hours for
unprotected services. As far as access requirements, they will need to access the City's
equipment obviously from time to time for maintenance and requirements; however, they must
abide by the City's security requirements. Their employees will not be given keys, access codes,
security cards, etc. The access they need to maintain the City's equipment will be similar to
other providers such as Qwest or Comcast.
Mr. Nelson stated as far as monthly costs, they will either be $75 or $400 per month, depending
on the service capacity requested at each site. Right now, the City's total monthly cost is
projected to be $987.50. The Commons water treatment plant and the Public Works garage will
have fiber connections, but right now they are not activating them at this time. Therefore, there
will be no monthly charge on that until the City decides to activate those. The monthly cost will
be offset by eliminating current connections; for example, Springbrook Nature Center will no
longer need the current T1 line which costs the City almost $400 a month and is 600 times
slower than the proposed fiber connection. Also, because of the low bandwidth connections,
these offsite locations are supported with dedicated servers. Now their equipment costing
thousands of dollars in high-speed fiber will allow the City to bring these services back to City
hall, thus saving associated hardware and licensing costs.
Mr. Nelson stated the Connect Anoka County project provides the City with an exciting
opportunity to increase the efficiency of government while also being a potential catalyst for
business growth. Anoka County has some additional information on this project at
connectanokacounty. com.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 16
Councilmember Bolkcom said on Page 44, the second paragraph says, "While these cost
savings do not completely offset the proj ected $1,000-$1,200 per month cost of the fiber
network, they do significantly reduce the net cost." He presented a figure of $987. She asked
what it is going to save the City. She understands it is faster and more efficient.
Dr. Burns stated the Springbrook connection itself is $600 a month right now for the T1 line.
Mr. Nelson stated the cost of $1,000 to $1,200 is in actuality the $987 that he presented in the
presentation. It does have the $600 savings for Springbrook along with the equipment that is
dedicated out there right now. They are not going to have to replace that. They can bring all
those services back to City Hall.
Councilmember Bolkcom asked what the actual cost was. We do not really know do we?
Mr. Nelson replied, correct. We have the $600 savings per month on the T1 line. The future
savings is that we are not going to have to replace the equipment the City has out there right
now, and he does not have a cost on that.
Councilmember Bolkcom stated that was news to her about the Public Works garage and the
Commons water treatment plant. Why are those not being connected?
Mr. Nelson replied, he believed they currently have connections right now to those sites from
City Hall; and they do not necessarily need that additional expense to serve them from City Hall.
Councilmember Bolkcom asked if it would be cheaper to do it now.
Mr. Nelson replied, the City can activate that service any time and it is still that set fee per
month.
Mayor Lund stated the fiber is still going to be run, it is just not going to be activated.
Councilmember Bolkcom asked what would happen if the City suddenly needed more.
Mr. Nelson replied, he believed that in that fiber optic network, the capacity is going to be
almost unfathomable.
Councilmember Bolkcom asked regarding Page 52 of the agreement, it says if the equipment
deteriorates or no longer supports the provision or services. What if they do not maintain it? It
sounds like the City agrees to take care of the cost incurred and the replacement of it. In, the first
paragraph, second line, it states, "if the ZAYO Equipment deteriorates, or no longer supports the
provisioning of services, Entity agrees that it shall pay the pro rata costs incurred in the
replacement of such ZAYO Equipment." Is there a difference between them not maintaining it?
Mr. Nelson replied he would assume they would want to maintain it so we can maintain a
connectivity service. There is a warranty through 2017 on that equipment. At that point it will
be time for replacement, and the City will have to pay our pro rata share of that.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 17
Councilmember Bolkcom asked if they were comfortable that the agency will now service
within four hours if something breaks. She does not know how dependent we are going to be
and obviously if there is still going to be the big County system and there is the relationship to
emergency services. Four hours is a long time if you are waiting for something to come back up.
Mr. Nelson replied he would assume on the public safety end of it there is going to be other
avenues that they can access for emergency response, etc. With the range part of this fiber
project, redundancy is the key factor and he would imagine that if our line breaks here, it can be
rerouted back around.
Councilmember Bolkcom asked regarding page 76, Question No. 8, it just says that each entity
has to have it in by April 1, and it is past April 1, but there is no issue here because it was all
delayed related to different issues.
Mr. Nelson replied yes. The County does want to get this wrapped up as soon as possible as
they want to start designing the proj ect, etc.
Commissioner Kordiak stated eight communities have approved the agreement. Some of them
approved them earlier on. He does think the one they are looking at tonight is the final, final
agreement. They need to move this project forward. They will be trying to figure out right away
where the lineaments are going to be, where they meet and enter your building, how they are
going to accommodate them in the building. They have to do it at 145 locations, assuming that is
how many they are going to have throughout Anoka County. He thinks it will more than meet
the City`s current and future needs. He is excited about it and they should outreach into the
business community because they may be anxious to connect here.
Councilmember Bolkcom asked what happens if someone else comes forward and has some
more changes in the resolution?
Commissioner Kordiak replied the Board has decided there are not going to be any more
changes.
Councilmember Bolkcom asked how many are there.
Commissioner Kordiak replied, there are 145 connections. There are 32 governmental entities.
MOTION by Councilmember Saefke to adopt Resolution No. 2011-22. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Approve 2011 Reappointments to City Commissions (Tabled March 28, 2011).
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 18
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to approve the 2011 Reappointments to City
Commissions and the appointment of Todd Olin, Courtney Ehlers and Jonathan Bonkoski to the
Environmental Quality and Energy Commission. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Motion to Approve the Recommended Disbursement of the Twin Cities Gateway
Community Grant Funds for the City of Fridley.
Councilmember Bolkcom asked how the City decided to distribute the funds.
William Burns, City Manager, stated the Parks and Recreation staff recommended those three
events.
Councilmember Bolkcom said someone had come up to her at a Springbrook fundraising event
and suggested the City do a book to promote our community.
Dr. Burns said there is not a lot of money available to begin with, and the City has been
dedicating almost all of it to the `49er Days event. It seemed appropriate at this point, given the
small amount of money, for the City to deal with it internally through its Parks and Recreation
staff.
Mayor Lund stated prior to the startup of the Twin Cities Gateway, which is a convention and
tourism bureau, routinely the convention bureau the City was involved with before, simply gave
$2,000, a said amount, rather than what they are doing now. Therefore, all of went to `49er Days
as a matter of routine. For now the process through Gateway is a request where the money is
supposed to be spent for promotional use and marketing of Fridley and hopefully some services
from restaurants and hotels would be utilized as a result. The process is they should make a
request to Deb Skogen our City Clerk; and she will pass it on. She is our liaison with the Twin
Cities Gateway.
MOTION by Councilmember Bolkcom to approve the recommended disbursement of the Twin
Cities Gateway Community Grant Funds for the City of Fridley. Seconded by Councilmember
Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
9. Approve 2011-2012 Liquor License Renewals
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 19
MOTION by Councilmember Saefke to approve the 2011-2012 Liquor License Renewals.
Seconded by Councilmember Barnette.
Darin Nelson, Finance Director, said all annual liquor license renewal requests have been
reviewed by staff. All renewals have provided the necessary fees, insurance, and bonds. The
one on-sale 3.2 malt liquor and wine licensed establishment has provided a CPA statement
attesting their gross food sales are over the required 60 percent ratio. All on-sale intoxicating
liquor establishments have provided a CPA statement attesting to a minimum of 40 percent gross
food sales or 30 percent for a restaurant and bowling center for the year 2010. The highest gross
food to liquor sales was Chris and Rob's at 99 percent and King's restaurant at 96 percent. The
lowest was the Shortstop Fridley at 40 percent.
Mr. Nelson stated the highest volume of calls was to the AlVg' Bowling Center at .41 calls for
service for every $10,000 in revenue; and the lowest volume of calls is for King's Restaurant
with no calls for service for every $10,000 in revenue. The Police Department has reviewed all
the renewal applications and conducted the necessary background investigation. All on-sale
liquor establishments and the Fridley VFW passed both of their liquor compliance checks, the
American Legion failed one compliance check, and the Knights of Columbus was closed during
both of their liquor compliance checks.
Mr. Nelson stated based on all of the information received, staff recommends a motion
approving all of the on-sale liquor license renewals at this time.
MOTION by Councilmember Bolkcom to receive into the record a memorandum Debra Skogen
dated Apri16, 2011. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom stated it was a little disturbing to her to see one of the City's facilities
had a much higher number of calls from the previous year.
Mayor Lund stated, the Fridley Grill, LLC d/b/a Pickle Park.
Councilmember Bolkcom stated it went from 25 in 2009 to 40 calls in 2010 which included
disturbing the peace, disorderly conduct, assault, thefts, and hit and run. The recommendation
from Director Abbott says he has no concerns and they should renew the license, but she is a
little concerned about the increase in calls. She asked Dr. Burns to ask Director Abbott to have a
discussion with Pickle Park related to their calls. If there is some sort of pattern going on here,
they should be put on notice regarding the number of calls. Also, Councilmember Saefke asked
how many of these are happening because they have a late night endorsement.
Mayor Lund stated he also has some concern for the Shortstop in Fridley. They are exactly at
their 40/60. They should at least be put on notice.
FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 20
Mr. Nelson stated regarding Pickle Park, he did talk with Chief Abbott about the number of
calls. Chief Abbott said he was comfortable with the volume of calls, and that a majority of the
calls were of a low level variety.
Councilmember Bolkcom stated there is still a significant increase from 25 to 40.
Mayor Lund stated they hope this is not an upward trend.
Councilmember Varichak stated maybe if they are aware the City is watching them, they are
going to be more attuned to make sure their establishment is up to par.
MOTION by Councilmember Saefke to approve the 2011-2012 Liquor License Renewals.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Informal Status Reports
There were no reports.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:50 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
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� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 25, 2011
°-'�°F LICENSES
FRIaLE7
2011- 2012 BUSINESS LICENSE RENEWALS
TYPE (�F LI�ENSE: ' APPLI�ANT; ' ' APPRdVED BY;
Auto Body Repair J Peterson, Inc. dba Public Safety
CITY COLLISION & GLASS Community Development
Jeremy Peterson Fire Department
Auto Body Shop of Mpls dba Public Safety
AUTO BODY SHOP Community Development
Michael Morris Fire Department
Hotel / Motel License Rixmann Fridley, LLC dba Community Development
LIV IN SUTIES, LTD Fire Department
Wayne Rixmann Public Safety
Massage Therapy Therapeutic Massage by City Clerk
Karen Police Department
6251 University Ave
Karen Sathre
Colleen Roskawiak City Clerk
Police De artment
Samuel A. Petersen City Clerk
Police De artment
Sarah E Gibson City Clerk
Police De artment
Tree Removal / Treatment Strong & Sons Public Safety
Sean Strong Public Works
Premier Tree Service, Inc Public Safety
Dennis Herold Public Works
Minnesota Tree Experts Public Safety
Jacob Gall Public Works
TYPE OF LICENSE: APPLICANT: APPROVED BY:
Tree Removal / Treatment North East Tree, Inc Public Safety
Lynn Welles Public Works
Leagcy Resource Corp. dba Public Safety
Legacy Tree Care Public Works
John Wilson
P& C Tree Service Public Safety
Christo her Daniels Public Works
Used Motor Vehicle AUTOS ON LINE Public Safety
Harold Eiss Communit Develo ment
Food, Tobacco & Retail Gas FRIDLEY AM STAR Community Development
Raymond G. Witz, Jr. Fire Department
Public Safety
Food Establishment JCB, LLC dba Community Development
CHANTICLEAR PIZZA Fire Department
Joshua C. Belmore Public Safety
M& M Pizzeria, LLC dba Community Development
MOJO' S PIZZA Fire Department
Malika Kifal Public Safet
Recycling & Solid Waste Keith Krupenny & Son Public Safety
Provider Disposal Service, Inc. Recycling Coordinator
Keith Kru enn Cit Clerk
Waste Management of MN Public Safety
Julie Radermacher Recycling Coordinator
City Clerk
** New Provider for 2011 -2012 Elite Waste Disposal, Inc Public Safety
Troy Schuette Recycling Coordinator
City Clerk
**New Provider for 2011 — 2012 Lloyd's Construction Public Safety
Services, Inc. Recycling Coordinator
Ste hanie Llo d Cit Clerk
TYPE OF LICENSE: APPLICANT: ' APPR�VED BY: '
Livestock License (, �} ��`i l 1 J� Racin� eg ons Code Enforcement * pending
� `�� � �'� , -.� � r ��;�, ��_ � ,'�,r:> �'� ANDY ZHENG Buildin Ins ector
**New License Applicant La.�ng Hens Code Enforcement
Sara San iovanni Buildin Ins ector
15
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 25, 2011
°'� °F ESTI MATE
FRIaLE'f
Colt Construction
285 Forest Grove Dr., Suite 126
Pewaukee, WI 53072
85t" Avenue Trail Project No. ST 2007-4
FINAL ESTIMATE ....................................................................... $ 44,528.28
�
�
CfTY flF
FRIaLE'f
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 25, 2011
William W. Burns, City Manager
Donovan W. Abbott, Public Safety Director
Captain Brian Weierke
Apri121, 2011
First Reading of an Amendment to City Code Chapter 506 Vehicle Parking and
Chapter 901 Penalties
Staff originally presented this issue to Council at their March 28 meeting. After discussion
and deliberation, Council tabled the item for revision by Staf£ Staff is recommending an
ordinance prohibiting parking that obstructs or interferes with the delivery of US Mail during
mail delivery hours.
Staff originally presented ordinance language prohibiting parking within 10 feet of curbside
mail boxes between the hours of 8:00 am and 5:00 pm Monday — Saturday. After hearing
from a resident and following discussion, Council directed staff to research neighboring cities
with Code sections that simply prohibit parking that obstructs mail delivery and excludes
legal holidays. Staff contacted representatives from both Blaine and Spring Lake Park and
learned that their Code sections adequately address the issue of missed mail deliveries due to
vehicle parking in their cities.
Staff drafted new ordinance language which is presented for first reading. This revised
language makes it a petty misdemeanor violation to park a vehicle so that the pickup or
delivery of US mail is obstructed or interfered with, and only during the hours of 8:00 am and
5:00 pm Monday — Saturday, and exclusive of federal holidays or other days designated as
non-delivery days by the USPS. This language would automatically exclude Saturdays from
enforcement should the Postal Service discontinue Saturday delivery at some point in the
future. This language also requires that a violation only occurs when mail delivery is actually
obstructed. Therefore, once mail delivery has occurred for the day no violation is committed
by parking near or in front of a mailbox.
Staff recommends the first reading of the ordinance amending Fridley City Code Chapters
506 and 901.
506.08. STOPPING AND STANDING PROHIBITED
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other
traffic or in compliance with the law or the directions of a Police Officer or traffic-control
device, in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway or directly across there from in such a manner as to
impede the access to said driveway;
3. Within an intersection;
4. Within 10 feet of a fire hydrant;
5. On a crosswalk;
6. Within 20 feet of a crosswalk at an intersection or within 20 feet of a mid-block crosswalk
properly marked;
7. Within 30 feet upon the approaching side of any flashing beacon, stop sign or traffic-control
signal located at the side of the roadway;
8. Between a safety zone and the adjacent curb or within 30 feet of points on the curb
immediately opposite the ends of a safety zone, unless the City has indicated a different length
by signs or markings;
9. Within 50 feet of the nearest rail of a railroad crossing;
10. Within 20 feet of the driveway entrance to any fire station and on the side of the street
opposite the entrance to any fire station or within 75 feet of said entrance when properly posted
11. Alongside or opposite any street excavation or obstruction when stopping, standing or
parking would obstruct traffic;
12. On a roadway side of any vehicle stopped or parked at the edge or curb of a street;
13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel or
underpass;
14. At any place where official signs prohibit stopping;
15. On any boulevards;
16. In areas reserved for the handicapped; (Cross Ref. Chapter 511.03)
17. Fire Lanes. (Cross Ref. Chapter 108.06)
18. Where parking obstructs or interferes with the deliverv or pickup of United States mail
between the hours of 8:OOam — S:OOpm Monday — Saturday, excludin� federal holidays and/or
other davs designated as non-deliverv davs bv the United States Postal Service.
ORDINANCE NO.
FIRST READING OF AN ORDINANCE AMENDING FRIDLEY CITY CODE
CHAPTER 506 VEHICLE PARKING NEAR MAILBOXES AND CHAPTER 901 PENALTIES
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff,
that Chapters 506 and 901 of the Fridley City Code be amended as follows:
CHAPTER 506. VEHICLE PARKING
506.08. STOPPING AND STANDING PROHIBITED
18. Where parkin� obstructs or interferes with the delivery or pickup of United States mail
between the hours of 8:OOam — S:OOpm Monday — Saturday, excludin� federal holidays and/or other
days desi�nated as non-delivery da.�y the United States Postal Service.
CHAPTER 901. PENALTIES
901.01 GENERAL PROVISIONS
B. Certain violations of the Code are deemed petty misdemeanors as defined by Minnesota State
Statutes Chapter 609. The maximum fine will be that amount authorized by Minnesota State Statute
609.0332. If a person fails to appear in court on a charge that is a petty misdemeanor, the failure to
appear is considered a plea of guilty and waiver of the right to trial, unless the person appears in court
within ten days and shows that a person's failure to appear was due to circumstances beyond the
person's control. Violations of the following sections of this Code are petty misdemeanors:
124.06.2
124.07.1
124.07.2.A
124.07.2.B
124.07.7
505.1
506.03
506.06
506.09
506.12
506.04.1
506.042
506.05.1
506.07.1
506.072
506.073
506.08.1
506.08.10
506.08.11
506.08.12
506.08.13
506.08.14
506.08.15
506.08.18
506.082
506.083
506.08.4
506.08.5
506.08.6
506.08.7
506.08.8
506.08.9
506.10.1.A
506.10.1B
506.10.1.0
506.13.1
506.13.6
508.03
508.08
508.33
508.34
512.07
514.03
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2011.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
�
�
CffY OF
FRIaLE`f
DATE:
TO:
FROM:
SU BJ ECT:
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 25, 2011
April 21, 2011
William W. Burns, City Manager
Scott J. Hickok, Community Development Director
Debra A. Skogen, City Clerk
Cindy Ruschy, License and Records Technician
Livestock License Request 1568 Gardena Avenue N.E.
INTRODUCTION
On April 17, 2011, we received one of the most complete and impressive sets of
supporting materials that we have received from an applicant. The applicant is
requesting a livestock license for laying hens (chickens). After review of the application,
staff determined that the license does meet the City's livestock license requirements
and recommends Council's approval of the application. (Complete report comparing
request with Code Requirements in Council's agenda packet).
ELEMENTS
Sara Sangiovanni, 1568 Gardena has requested a livestock license to allow up to 6
chickens on her residential property. She has chosen an 18 s. f. chicken coop that was
designed by Tobias Harrison-Noonan, as his Eagle Scout Community Service Project.
Combined with the attached "run" for the chickens the dimension of the floor plan is 6' X
10' or 60 s. f. Chapter 101.01 defines livestock as:
10. Livestock.
Horses, cattle, goats, rabbits, sheep, swine, fowl, and other animals used for
utility.
Chapter 101.3 defines the livestock license requirement and procedure as:
101.03. LIVESTOCK CONTROL
1. License Requirement:
No person shall engage in the keeping, raising, feeding, or caring for livestock
within the City limits of Fridley without first having obtained a license to do so.
2. License Procedure:
(a summary of Staff's summary of Ms. Sangiovanni's answers appear after each Code
Section, starting with paragraph A, below, in bold print):
A. A license to keep livestock shall be granted only after written application,
signed by the applicant, is filed with the City. The application shall state
the applicant's full name and address, and contain the number and species
of the livestock to be kept and a scaled site plan of the promises showing
the adjoining property and fence lines.
The application was submitted and meets the qualifications to be considered a
completed application.
B. The Council, in considering whether a livestock license should be granted
shall review the application and site plan to consider the nature of the
livestock, the possible effect on adjoining properties, housing facilities,
sanitation control and the effect on the general health, safety and welfare of
the public.
In her application it is clear the applicant has considered the health, safety, and
welfare of the neighbors. She has indicated that she will select either: Rhode
Island Red, Plymouth Barred Rock, Wyandotte, or Orpington chickens that are
known to be docile, quiet birds. She will have no Roosters. The chickens will be
contained and not able to roam. The Chicken Coop will be cleaned once or twice
per week, depending on waste production, and the waste properly disposed of by
mulching. The coop will be ventilated and set back on the property a proper
distance to avoid any issues with odor, as will the mulch material. Proper
hygiene after handling the chickens will also be used to further protect against
any health risk.
Ms. Sangiovanni's property is a very deep lot (approximately 300 feet deep) and is
directly adjacent to Innsbruck Nature Center. A distance of 30' is required
between the coop and any property line. Her plan shows that dimension has
been exceeded in all directions with the planned placement of the coop.
C. Any person keeping, raising, feeding or caring for horses, cattle, goats,
sheep or swine shall provide no less than one (1) acre of open, unused
land for each animal.
A one acre requirement you'll note does not apply to fowl.
3. License Fee.
The annual license fee and expiration date for a livestock license shall be as
provided in Chapter 11 of this Code.
The $100.00 fee has been paid with the application submittal.
4. Manure Removal.
Persons who keep animals within the City shall not allow any odors which are
offensive to the people inhabiting the City such that they constitute a nuisance as
defined in Chapter 110, entitled "Public Nuisance", of the City Code. Organic
matter shall not be allowed to accumulate for more than one (1) week at a time.
However, organic matter shall be removed more often than one (1) time per
week if it is necessary to eliminate any odors that constitute a nuisance.
The Chicken coop will be cleaned once or twice per week, depending on waste
production, and the waste properly disposed of by mulching. The coop will be
ventilated and set back on the property a proper distance to avoid any issues
with odor, ad will the mulch material.
5. Housing.
Proper housing in the form of barns, coops, or hutches shall be provided in any
area where livestock are permitted to roam. Such housing shall be adequately
fenced to insure that the livestock remain on the owner's premises. When
livestock are kept in an area that abuts or adjoins a residential area on which
dwellings are erected, there shall be a strip of land at least thirty (30) feet wide
between such abutting property and the area on which the livestock are kept.
An 18 s.f. coop, combined with the attached "run" for the chickens (the
dimension of the floor plan is 6' X10' or 60 s.f.) leaves adequate space around the
coop for the required separation defined in Code.
6. Inspection.
Any authorized Animal Control Officer of the City shall, at any reasonable time,
be permitted upon the premises where livestock are kept for the purpose of
making an inspection to determine compliance with this Chapter...
The petitioner has conceded to on-going inspections.
This property is west of the vacant lot owned by the City for park purposes that
could one day serve as an entrance to the park from Gardena. A vacant home
sits on the site west of this proposal.
RECOMMENDATION
Staff recommends approval of the license request for up to 6 chickens provided all
provisions of the license requirements are initially met and continue to be observed
through the life of the license. An annual review and $100 renewal will be required, as
with all livestock licenses.
�
�
CfTY OF
FRIaLE'f
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 25, 2011
Apri121, 2011
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
First Reading for TA #11-03, Northstar Transit Oriented Development District
Background
At the last Council meeting on April 11, 2011, the City Council completed the continued public hearing for
Text Amendment TA # 11-03, the Northstar Transit Oriented Development (TOD) District. Now, that the
public testimony on this proposed addition to the Zoning Code is complete, the next step in the process is to
conduct a first reading of the code text and analyze whether or not the code language is acceptable in
comparison to the testimony received.
Throughout the process of multiple meetings and hearings, staff has made adjustments to the code language
in an attempt to ensure the code provides the protections Hyde Park neighborhood residents desire and
preserves reasonable use for the existing businesses in the proposed TOD area. While the code is designed to
ensure that new development supports multimodal traffic, protection of existing uses is also important.
No te�t changes have been made to the attached ordinance draft from the version Council had in their last
meeting packet — other than the underlining and strikeout has been removed.
Recommendation
Staff recommends that the City Council proceed with the first reading and provide staff with any additional
recommendations for changes to the proposed text amendment language for TA #11-03. The second reading
of the attached ordinance will be scheduled for May 9, 2011 unless Council directs otherwise.
ORDINANCE NO.
AN ORDINANCE CREATING CHAPTER 205.33 O-8 OF THE FRIDLEY CITY CODE
PERTAINING TO NORTHSTAR TRANSIT ORIENTED DEVELOPMENT OVERLAY
ZONING DISTRICT REGULATIONS
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley Zoning Code be hereby amended as follows:
SECTION 205.33 O-8 NORTHSTAR TRANSIT ORIENTED DEVELOPMENT OVERLAY
DISTRICT REGULATIONS
205.33.01. BACKGROUND AND AUTHORITY
The City of Fridley finds that Transit Oriented Development benefits the general health and welfare of the
inhabitants of Fridley by fulfilling existing housing, transportation and employment needs. Therefore, the
City of Fridley implements this overlay district which designates a portion of the City as a Transit
Oriented Development District ("TOD" District) in an effort to support all modes of transportation. This
overlay district is adopted per authority granted by the City of Fridley in Minnesota State Statutes Chapter
462.
205.33.02. PURPOSE
The purpose of this overlay zoning district is to:
A. Implement code requirements that will encourage dense, mixed use, pedestrian-friendly
development within a one-half mile of the Northstar Commuter Rail Station in Fridley.
B. Create multi-modal connections to the Fridley Northstar Commuter Rail Station that allow for
safe access to the station no matter what means of transportation someone uses.
C. Create a neighborhood identity with the Northstar Station that promotes the use of mass transit,
human interactions, safety and livability.
D. Reduce automobile dependency by locating a variety of land uses within a half mile of the train
station.
E. Provide life cycle housing for people of different income levels and housing space needs within
one half mile of the train station.
205.33.03. DISTRICT BOUNDARY
The TOD Overlay District consists of those areas shown on Appendix A to this Chapter, entitled
Northstar TOD Map, which is on file with the City Clerk and dated [INSERT DATE MAP IS ADOPTEI?
BY,THE CITY].
205.33.04. DEFINITIONS
The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in
this Section, except where the context clearly indicates a different meaning;
1. Drive-Through Service
A type of service provided by a business that allows occupants of a motor vehicle to receive or obtain
a product or service through a building opening without leaving the vehicle.
2. Mixed Use Structures
A building or development that contains two or more different uses such as, but not limited to, residential,
commercial, industrial, or public facilities.
3. Primary Street
The street adjoining the properiy which has the highest traffic counts.
4. Zero Lot Line Setback
The location of a building on a lot in such a manner that one or more of the building's e�terior edges rest
directly on a side property line.
205.33.05. USES PERMITTED
Permitted uses in the O-8 TOD Overlay District are those uses which are acceptable to the overall
redevelopment plan and specific development plans as approved by the City. Upon approval of the
specific development plans, the City shall determine the specific uses that are permitted within the
development. Mixed use structures do not require a special use permit as underlying zoning requirements
may require.
205.33.06. USES EXCLUDED
A. Uses which may be dangerous, create annoying odors, noise disturbances or be otherwise
detrimental to the general welfare of persons residing or working in the vicinity thereof or may
impair the use, enjoyment, or value of any property.
B. Trucking Terminals
C. Uses whose operation requires the outdoor storage of materials or equipment, including the
outdoor manipulation of said materials or equipment.
D. Uses whose principal operation requires the outdoor storage of motor vehicles, including the
outdoor manipulation of said motor vehicles.
205.33.07. PROCESS FOR TOD PLAN APPROVAL
A. Plans for each individual project or combination of projects in the TOD District must be
submitted upon payment of any required fee as provided in Chapter 11, except plans for
individual, detached, single family housing construction projects in the Hyde Park zoning district�
which are exempt from the TOD plan review process. Project plans will be reviewed by the
Planning Commission, who will provide a recommendation to the City Council. The City
Council shall have final authority to approve all project plans.
B. Project plans submitted to the Planning Commission and City Council shall include the following
minimum criteria:
(1) Scalable site plans, showing the location of buildings, off-street parking, street and utility
locations, auto and pedestrian access to and from the project, any modification to existing
services, grading plans, storm water plans, building exterior finish, lighting and signing and
landscape plans.
(2) Written City staff review on project compatibility to the overall Transit Oriented
Development District.
(3) Review and recommendation to the City Council from the Fridley Housing and
Redevelopment Authority (HRA).
C. Any substantial modification to the plan must be submitted through the Planning Commission
and approved by the City Council.
205.33.08. DESIGN CRITERIA
All new development or redevelopment TOD proposals requiring a building permit after the effective date
of this ordinance must meet the following design criteria standards designed to enhance the pedestrian
scale and safety of the development. Single family construction projects located within the Hyde Park
Zoning Overlay District are exempt from following the TOD design standards. In situations where an
existing building is being partially expanded, the new standards will only apply to the new addition,
except as provided in Section 20533.08.B, Setbacks.
Dimensional Requirements
A. Lot Coverage
Lot coverage may exceed 40% in cases where vehicle parking is shared, underground, or
structured, provided all landscaping requirements are met. Allowances exceeding the 40% lot
coverage limit will be made in designs that finance the creation and maintenance of public
open space for commuters nearby.
Alternative storm water treatment methods such as permeable pavers, porous asphalt,
vegetated roof areas, especially at the top of structured parking facilities, and other innovative
techniques to reduce stormwater run-off are encouraged.
B. Setbacks
Exceptions to the following setback requirements will be granted to building additions to
structures located on property zoned M-2, Heavy Industrial, at the date of the creation of this
TOD zoning district.
(1) Front Yard
a. Except for individual, detached, single-family homes in the Hyde Park overlay zoning
district, buildings shall be set back no further from the front property line than 15 feet.
b. Corner Lots: On corner
lots, the buildings shall have
front and side facades
aligned no further back than
15 feet from the corner lot
lines.
c. Double Frontage: In cases
of double frontage, buildings
on both fronts may be set
back at 15 feet. On three or
four-sided lots, buildings
would not be required to
meet the minimum 15 foot
setback on more than one corner.
(2) Side Yard
Buildings may be set back as close as 15 feet to the property line. On corner lots, the
maximum allowable building setback is 15 feet.
Zero lot line setbacks are encouraged.
(3) Rear Yard
Buildings may be set back as close as 15 feet to the property line.
C. Height
The height limitations of the underlying zoning district shall apply except in the Hyde Park
Zoning District, where a building height of 45 feet shall apply if a development includes
tuck-under or underground parking.
Building Design
A. Entrance Orientation
Primary building entrances on all new buildings shall be oriented to the primary abutting public
street. Additional secondary entrances may be oriented to a secondary street or parking area.
Entries shall be clearly visible and identifiable from the street, and delineated with elements such
as roof overhangs, recessed entries, landscaping, or similar design features.
B. Fa�ade Articulation
Building widths of 40 feet or less are encouraged. New buildings of more than 40 feet in width
shall be divided into smaller increments, between 20 and 40 feet in width, through articulation of
the fa�ade. This can be achieved through combinations of the following techniques, and others
that may meet the intent of this section.
(1) Fa�ade Modulation — Stepping back or extending forward a portion of the fa�ade
(2) Vertical Division — Using different te�tures or materials, provided materials are drawn
from a common palette)
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face into distinct storefronts with '
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(4) Roof Lines — Varied roof lines with
alternating dormers, stepped roofs,
gables, or other roof elements to
reinforce the modulation or
articulation interval
(5) Articulation Interval — Placement of
arcades, awnings, window bays,
arched windows, or balconies at
intervals equal to the articulation
interval
C. Building Face
No blank walls shall be permitted to face the public street, sidewalk, or other public spaces, such
as plazas. Elements such as windows, doors, columns, changes in material, and similar details
should be used to add visual interest.
Buildings shall be designed with a base, middle, and a top, created by variations in detailing,
color, and material. Articulated tops shall be considered in the design of all new buildings. This
articulation may consist of pitched roofs, dormers, gable ends, or cornice detailing. The base of
the building shall include human scale elements, such as doors, windows, projections, awnings,
canopies, and ornamentation.
D. Door and Window Openings
In new commercial, mixed-use and civic buildings, window and door openings shall comprise at
least fifty (50) percent of the length of the main floor of the primary street fa�ade. Window
openings shall be located at a pedestrian sight level.
(1) Windows shall be designed with openings that create a strong rhythm of light and
shadow.
(2) Glass on windows and doors on the primary street fa�ade shall be clear or slightly tinted,
allowing views into and out of the building interior or, as an alternative, used as display
windows enclosed by walls inside the building. Where security needs warrant it, Spandrel
glass may be used in the primary street fa�ade windows subject to City approval in the
plan review process.
(3) Window shape, size and patterns shall emphasize the intended organization of the fa�ade
and the definition of the building.
E. Loading Docks
Outside loading docks shall be located in the rear or side yard and be screened from view from
any public right-of-way. The space needed for the loading dock must be adequate to handle the
loading and unloading needs of the building without obstructing the public right-of-way.
F. Building Materials
All buildings except single family shall primarily be constructed of high-quality materials such as
brick, stone, textured cast stone, EFIS, or tinted masonry units. The following materials are
generally not acceptable: Plain or painted concrete block, sheet metal panels, reflective glass, or
aluminum, vinyl, fiberglass, asphalt or fiberboard siding.
Parking structures shall be constructed with building materials that are architecturally compatible
with the adjoining structure(s).
G. Refuse/Recycling Storage
Multi-tenant buildings shall share a common refuse/recycling storage area. Refuse/recycling
collection areas must be screened from view form any public right-of-way and are encouraged to
be enclosed inside a building.
205.33.09 Parking Requirements
A. Reduction of Parking
Reduction of the parking stall dimensions and number of parking stalls required in the underlying
zoning district may be allowed due to the nature of the proposed use or agreements in place with
surrounding businesses for shared parking.
(1) The number of required parking stalls may be reduced by no more than 50% of the
minimum required in the underlying zoning district for the proposed use.
(2) The maximum number of parking stalls shall not exceed 120% of the minimum
number of parking stalls required by the use in the underlying zoning district. This
maximum provision shall not apply to park-and-ride or other transit facilities.
(3) Off-street surface parking is not permitted between the front fa�ade and the primary
street. Parking may be located in the rear or side yard.
(4) Bicycle parking shall be provided as a component of all parking facilities as a ratio of
one bicycle space per 20 automobile spaces. Bicycle parking must be provided within
view of each business front entrance. Adjoining businesses may share common
bicycle parking areas.
B. Additional Parking
When the provisions for parking space required are inadequate, the City may require that
additional off-street parking be provided.
C. Drive-Through Service
Drive-through service designs are allowed and will not require a special use permit as underlying
zoning may require.
205.33.10 Landscape and Streetscape Requirements
Landscaping
A. Scope
A landscaping plan shall be submitted according to the requirements of the underlying zoning
district, except for as provided in Section 205.33.10.B. L Mixed use projects must have a unified
landscaping scheme. The landscaping requirements in this Chapter will only apply to new
construction projects or projects where existing buildings are expanded to the reduced 15 foot
setback.
B. Plant Materials Substitutions
The landscaping requirements in the underlying zoning district shall apply to properties in the
TOD Overlay District with some exceptions.
1) TOD landscape plans for redevelopment of property located in the underlying Hyde
Park zoning district must follow the landscape requirements for the zoning district
that most closely represents the use proposed.
2) In the TOD Overlay District, one ornamental tree will count as one over-story
deciduous tree. In addition, ornamental trees may exceed 50 percent of the required
trees.
3) Due to the amount of hardscape needed for pedestrian walkways, if the level of open
space for planting restricts the ability to provide adequate growth space for tree roots,
shrubbery planting beds and flower beds may also be substituted for over-story trees
at a rate of 36 square feet per tree.
4) Decorative walkway light poles meeting the TOD design specified for the TOD
district may be substituted at a ratio of one light pole for two trees if the site design
warrants additional walkway lighting.
5) Street-side sculptures, large planters, hanging flower baskets, light pole banners,
clock towers, arbors, seating benches, or similar ornamentation may be considered as
substitution to meet landscaping requirements.
If it is not feasible to meet the landscaping requirements of the underlying zoning district with the
allowed substitutions above, the City may approve a monetary payment per fees established in
Chapter 11 into the TOD Capital Project Fund for the purpose of funding streetscape amenities
within the street rights of ways within the TOD overlay district.
C. Water
Drip irrigation systems are encouraged to reduce water consumption and to prevent wet
walkways. Alternative storm water treatments such as permeable pavers, porous asphalt,
vegetative roof areas and other innovative techniques to reduce storm water runoff are
encouraged.
Streetscapin g
A. Sidewalks
Sidewalks of a minimum five foot width
must be provided on all street frontages.
Sidewalk design detail will need to be
approved by the City in accordance to TOD
streetscape design on public right of ways
adjacent to the proposed development.
Paved connections, also a five foot
minimum width, to building entrances,
crosswalks, and adjacent bus stops must
also be incorporated into any site design. A
colorized pavement pattern connecting the
sidewalk on each side of the driveway shall
be incorporated into driveways, warning
drivers of the sidewalk connection on each
side of the driveway. Such connection shall be accessible.
B. Lighting
Lighting types, styles, and colors shall be coordinated with the overall design of City-installed
lighting in the TOD District. Pedestrian-oriented lighting is required on all streets, trails,
sidewalks, and public gathering places within the district. A lighting plan and fixture specification
schedule shall be included in the documents submitted to the City for approval.
C. Signs
Changeable electronic signs will not be allowed in the TOD District. Door and window awnings
are encouraged and will not count towards wall signage percentage allowed on a building face.
D. Fencing
Decorative fencing incorporated into landscape designs shall be of the same color, type, and style
used in the adjacent TOD streetscape or of similar design approved by the City.
E. Outdoor Dining
Outdoor dining areas may be incorporated into the front and side yard setbacks up to five feet
from the property line, leaving five feet for the sidewalk. The dining area shall be designed with
safety protections that reasonably attempt to prevent vehicles from accidentally encroaching into
the dining area. Store locations that serve alcohol must apply for a patio endorsement on their
liquor license, but relaxation of screening requirements may be considered by the City in the
TOD District.
F. Farmer's Market
Parking areas may be used for seasonal weekly open air markets to sell produce, crafts, and
flowers with a special use permit. The special use permit will supersede any underlying zoning
requirements for outdoor sale licenses. In order to qualify for the special use permit, the market
must not interfere with traffic patterns and adequate parking must be available for the other uses
on the site. There must also
be safe separation between
market users and vehicular
traffic. Sale equipment shall
meet all applicable building,
fire, and electrical codes, and
any requirements of the
Anoka County Health
Department and the
Minnesota Department of
Agriculture.
205.33.11 Maintenance
In addition to the maintenance requirements of the underlying zoning district, property owners in the
TOD district are required to maintain the landscape and streetscape abutting their property. This includes
the removal of debris and snow on trails and walkways and at bus stops and the irrigation of planters on
their own private property and those in the public right-of-way adjoining the property. Further details of
the maintenance requirements shall be addressed in a development agreement approved by the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2011.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: Feb. 7& Apr. 11, 2011
First Reading: April 25, 2011
Second Reading:
Published:
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CfTY OF
FRIaLE'f
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 25, 2011
Apri121, 2011
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
First Reading for TA #11-05, an Ordinance for an Amendment to Chapter 11, Fees
Background
The creation of a Transit Oriented Development (TOD) District will require changes to the fees found in
Chapter 11. These additions include the $1,500 TOD application fee and a$500 fee that may be paid in
lieu of landscaping requirements.
Staff Recommendation
Staff recommends that the City Council hold the first reading of the attached ordinance amending Ch. 11,
Fees, at the Apri125, meeting to coincide with the schedule of the TOD text amendment. The second
reading will follow the same schedule as TA #11-03, the TOD te�t amendment.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE
PERTAINING TO GENERAL PROVISIONS AND FEES
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that Chapter 11, Fees, of the Fridley City Code be hereby amended and
appended into the table alphabetically as follows:
11.10. FEES
License and permit fees shall be as follows;
CODE ' SUBJECT ' ' FEE '
205.33 TOD Proiect Plan Application $1,500
205.33 TOD Tree Substitution Fee to TOD Cauital $500/tree
Proiect Fund
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2011.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: April 25, 2011
Second Reading:
Published:
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CffY OF
FRIDLEY
TO:
FROM
DATE
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 25, 2011
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
April 25, 2011
SUBJECT: Award of Innsbruck Water Main Lining Project No. 397
PW11-030
The 12" watermain on North Innsbruck Drive has a poor break history. In the last two years, there
have been three main breaks on the segment. Water main breaks on this segment are especially
difficult and costly to repair, due to the line size, number of services interrupted during repair, and
the need to repair the concrete street after work is completed. The location of this segment is
shown in the attached map and is approximately 2200' in length. The 2010 Capital Improvement
Budget allocated funding identified for improvements to our water distribution system, including
this project.
Engineering staff evaluated several alternatives for repairing this main on North Innsbruck Drive
from Matterhorn Drive to Meister Road to determine the most cost-effective method to rehabilitate
the main, and recommended rehabilitation of the 12" main by the installation of a cured-in-place
structural liner (CIPP). The main savings with a cured-in-place liner over other trenchless
technologies is that no excavation is required to connect water services.
On June 14, 2010, the City Council approved a cooperative project agreement with the Cities of
Golden Valley and Hutchinson for water main rehabilitation. Structural cured-in-place lining was
the method of rehabilitation for all segments of the project.
On August 5, 2010, a first round of bids were received for the cooperative water main lining work.
At that time, the City of Fridley opted-out of awarding work in Fridley due to the high cost of the
work bid. The City of Golden Valley awarded a single segment of their work due to the urgent
need for repair. This segment was constructed in the fall of 2010.
The City of Fridley project budget was encumbered for 2011, and this was solicited again with the
remaining segments of the cooperative project that were not awarded in 2010. In accordance with
the project agreement, the City of Golden Valley is the lead agency, and they consolidated plans
for each city's respective work, and bid the work. In addition to the remaining Golden Valley and
Hutchinson segments bid, the North Innsbruck Drive 12" diameterwatermain rehabilitation was bid
on behalf of the City of Fridley.
On Thursday, April 7, at 10:00 am, bids were opened for the 2011 Trunk Water Main Pipe
Rehabilitation at Golden Valley City Hall. Due to the specialized nature of the work, contractors
were required to provide qualifications subject to approval prior to bidding. Bids from three
qualified contractors were received.
The low bid was received from Fer-Pal Construction USA, LLC of Taylor, MI, in the amount of
$1,174,755.72 for all segments. See the attached bid tabulation. The City of Fridley portion of the
bid is $346,057.00. The most recent construction cost estimate performed by the consultant
engineer for Golden Valley, Short Elliott Hendrickson, Inc. (SEH), was $373,640.00. Please refer
to the attached summary sheet for specific breakdown of costs for each participant City.
The budgeted amount for this project is just over $350,000. Funding for this project is from Water
Utility Capital Improvement Program funds generated by water utility charges.
Affected property owners will receive notification of the project advancement this spring. A project
information sheet will provide a tentative work schedule, work description and contact information.
During the project, project updates will be distributed at key milestones such as during shutoffs
and when temporary service connections are made.
Fer-Pal Construction has not worked previously in the City of Fridley. They have completed one
segment of water main lining for the City of Golden Valley in the fall of 2010. The City of Golden
Valley had a very good experience with their project and found them to be an experienced
contractor with a superior product and process for installation, with good attention to customer
service.
Staff recommends the City Council review the bids and concurwith the staff recommendation that
the City of Golden Valley award the 2011 Trunk Water Main Pipe Rehabilitation, including the City
of Fridley Innsbruck Water Main Lining Project No. 397, to Fer-Pal Construction USA, LLC of
Taylor, MI, in the amount of $1,174,755.72.
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- WATERMAIN REPLACEMENT
EXISTING WATERMAIN
• 2 HYDRANTS
O 2 VALVES
13 SERVICES
2, 200 L. F. OF 12" CI P
CONC PAVEMENT
WATERMAIN IN STREET
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FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF APRIL 25, 2011
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
April 25, 2011
PW11-031
Approve Cooperative Bicycle Parking Project Agreement with the City of
Minneapolis
The attached agreement with the City of Minneapolis allows the City of Fridley to participate in
a Transit for Livable Communities (TLC) project to fund bicycle racks in selected metro cities.
Through the work of Rachel Harris, Environmental Planner, TLC has approved City of Fridley
funding for up to $4,200 for purchasing bicycle racks. In order to coordinate enrollment in the
program, and to provide efficiency in purchase of materials, the City of Minneapolis was
designated the lead agency for 15 entities awarded participation in the program, and will be
ordering the materials and acting as agent for all participating entities. This agreement allows
bidding and purchase of the bicycle racks by the City of Minneapolis on behalf of the City of
Fridley.
The City of Fridley has the ability under this program to coordinate and approve the installation
of the bicycle racks within the community. The entity receiving the bicycle racks is responsible
for installation. City of Fridley staff will coordinate selection of recipients, location, and
inspection of installations. The candidate list for recipients includes the following, in order of
priority: 1) City Facilities, including parks, 2) Schools, 3) Other government entities (such as
the Anoka County Library), and 4) Private businesses. Approximately 30-40 racks are
anticipated to be under this project. Staff has indicated that most, if not all, the bicycle racks
will go to government entities. Delivery of equipment will be prior to October 1, 2011, and
installations are to be complete by October 31, 2011.
Staff recommends the City Council approve the attached cooperative agreement with the City
of Minneapolis for participate in the Non-Motorized Transportation Pilot Program (NTP) Bicycle
Parking Award (S. P. 141-091-28).
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Request for City Council Committee Action
From the Department of Public Works
Date: March 22, 2011
To: Honorable Sandra Colvin Roy, Chair Transportation & Public Works Committee
Referral to: Honorable Betsy Hodges, Chair Ways & Means Budget Committee
Subject: Non-Motorized Transportation Pilot Program (NTP) Bicycle Parking Award
(S.P.141-091-28)
Recommendation:
a. Authorize City officials to accept an NTP federal grant award for $75,000 Bicycle
Parking, S.P. 141-091-28
b. Authorize City officials to execute Agreement No 97553 with the State of
Minnesota Department of Transportation to obtain such grant award funds and
allowing the state to act as the City's agent in accepting the federal funds
c. Adopt the resolution appointing the Commissioner of Transportation as the City's
agent in accepting the federal funds
d. Adopt the resolution increasing the Public Works — Transportation Agency
appropriation in the Permanent Improvement Projects Fund (1300-9010943) by
$75,000 and increase the revenue source (1300-9010943 — Sources 321012) by
$75, 000.
e. Authorize City officials to execute Cooperative Agreements with eligible agencies
to participate in this bicycle parking program.
Previous Directives:
None
Prepared by: Jon Wertjes, Director of Traffic and Parking Services, 612-673-2614
Approved by:
Steven Kotke, P.E., City Engineer - Director of Public Works
Presenters: Jon Wertjes
Reviews Not applicable
Financial Impact
X Action requires an appropriation increase to the Capital Budget
X Action provides increased revenue for appropriation increase
X Business Plan: X Action is within the plan. Action requires a change to plan.
X Request provided to department's Finance Dept. contact when provided to the
Committee Coordinator
Community Impact
City Goals: Satisfies multi-modal transportation goals
NTP Grant Award — Bicycle Parkinq
On February 28, 2011 Transit for Livable Communities (TLC) notified the City (see Attachment
A) regarding a NTP grant award for a bicycle parking program (S.P. 141-091-28). Numerous
public agencies are eligible to participate in this bicycle parking program as follows:
Brooklyn Center Richfield
Columbia Heights Robbinsdale
Edina Roseville
Falcon Heights St Anthony
Fridley St Louis Park
Golden Valley St Paul
Lauderdale Fort Snelling/MSP Airport
Minneapolis
Public Works has met with TLC and MnDOT about these grant awards and has worked with the
City Attorney's office to develop the proper agreements to accomplish this bicycle parking
program. There are two agreement types: — 1) a typical federal funding interagency agreement
with MnDOT and 2) a series of cooperative agreements with some or all of the above public
agencies. The cooperative agreement spells out the responsibilities and roles of City of
Minneapolis and each participating agency. A summary of the key responsibilities and roles
are:
Minneapolis
a. Act as fiscal agent (process federal grant, maintain records, etc.) for the Project.
b. Advertise a bid and contract/pay a vendor to furnish (purchase and delivery) the bicycle
parking facilities to each participating agency. The costs to furnish the bike parking
facilities will be 100% funded by a Federal grant awarded to Minneapolis.
Participating Agency
a. Submit all necessary information to request placement of bike parking facilities by
working with MnDOT and Transit for Livable Communities (TLC) and gain their
necessary approvals. Execute a cooperative agreement with City of Minneapolis.
b. Request bike parking facilities from Minneapolis to be furnished through the vendor bid.
c. Use its own local resources (staff and funds) to identify, prepare and install one or more
sites for the placement of bike parking facilities within its boundaries. Provide to TLC
and Minneapolis proper documentation of the installation.
d. Agree to own, operate and maintain the bike parking facility for its useful life, a minimum
of five (5) years.
e. Follow the proper procedures if a bike parking facility is moved or removed a prior to the
end of its useful life.
f. All participating agency costs are not reimbursable by the federal NTP grant funds.
Public Works seeks authorization to accept the grants and enter into the appropriate
agreements with MnDOT and participating agencies.
NTP Bicycle Parking Award 2 March 22, 2011
Resolutions
Appointing the Commissioner of Transportation as agent of the City of Minneapolis and
entering into an agreement to accept federal aid funds for the eligible transportation
related projects (2011 R-xxx)
Resolved by the City Council of the City of Minneapolis:
That pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be
appointed as Agent of the City of Minneapolis to accept as its agent, federal aid funds which
may be made available for eligible transportation-related projects.
Be It Further Resolved that the proper City officers are herby authorized and directed, for and
on behalf of the City of Minneapolis, to execute and enter into an agreement with the
Commissioner of Transportation prescribing the terms and conditions of said federal aid
participation as set forth and contained in "Minnesota Department of Transportation Agency
Agreement No. 97553", a copy of which said agreement was before the City Council and which
is made a part hereof by reference.
Amend the 2011 Capital Improvement Appropriation Resolution (2011 R-xxx)
Resolved by The City Council of The City of Minneapolis:
That the above-entitled resolution, as amended, be further amended by increasing the PW —
Transportation Capitol Agency in the Permanent Improvement Projects Fund (1300-9010943)
by $75,000 and increase the revenue source (1300-9010943 - Sources 321012) by $75,000.
NTP Bicycle Parking Award 3 March 22, 2011
COOPERATIVE AGREEMENT BETWEEN THE
CITY OF MINNEAPOLIS AND CITY OF FRIDLEY
REGARDING BICYCLE PARKING PROJECT
THIS AGREEMENT, is made and entered into as of this 25th day of April, 2010 by and between the
CITY OF MINNEAPOLIS, a Minnesota municipal corporation ("Minneapolis"), and the CITY OF
FRIDLEY, a Minnesota municipal corporation ("City"), collectively referred to as the "Cities."
WITNESSETH:
WHEREAS, the CITY OF FRIDLEY desires to locate and construct new bicycle parking facilities,
State Project 141-091-028 ("Project") within its boundaries and has been determined to be eligible for
Federal Non-Motorized Transportation Pilot Project funds (hereby known as the "NTP"); and
WHEREAS, the CITY OF FRIDLEY recognizes and is relying on the CITY OF NIINNEAPOLIS to
act as the financial agent for the receipt of NTP federal grant funds for this Project to streamline the
reporting requirements on behalf of the CITY OF FRIDLEY.
WHEREAS, the CITY OF FRIDLEY is aware of and understands the Project Memorandum dated
August 16, 2010 that was created for this Project and shall follow its provisions;
WHEREAS, the CITY OF NIINNEAPOLIS has agreed to act as the financial agent to receive
appro�mately $75,000 in NTP federal grant funds (MnDOT Agreement No. 97553) to procure and
furnish bike parking facilities on behalf of cities and counties that are eligible to receive NTP grant
funds; and
WHEREAS, the CITY OF FRIDLEY understands that the federal grant funds will be used to the
procure and furnish the bicycle parking facilities but will not be used for the installation, operation or
maintenance of said facilities;
WHEREAS, the CITY OF FRIDLEY shall install and assume ownership, operation and
maintenance of the bike parking facilities at its own cost according to the federal NTP grant
provisions and this Agreement;
NOW THEREFORE, in consideration of the mutual promises and mutual obligations of the Cities
OR City and County contained herein, each of them does hereby represent, covenant and agree with
the other as follows.
1. Minneapolis Obligations.
Minneapolis through its Director of Public Works or his/her designee shall carry out its fiscal agent
and Agreement responsibilities for the Project in all participating cities and counties. Minneapolis
will expect Transit for Livable Communities (TLC) and each participating City/County to perform
their due diligence and responsibilities to complete the Project.
Minneapolis will advertise a bid to contract with a vendor to furnish (purchase and delivery) of
specified bicycle parking facilities to each participating City/County.
Minneapolis will be responsible for maintaining financial records consistent with federal grant
requirements to keep track of all federal expenses related to these funds.
Minneapolis shall reimburse the approved vendor in a timely manner for any and all eligible federal
costs, and submit documentation for reimbursement to MnDOT when proj ect documentation is
completed.
2. City/County Eligibility.
Each City/County agrees to perform the following at their own cost prior to becoming eligible:
a. Submission of candidate locations for possible placement of bike parking facilities to TLC.
b. Provide the proper Certificate of Stand Alone Right of Way for installation locations, or obtain
necessary easements to use private property to locate and grant public access to the respective bike
parking facilities.
c. Provide any environmental information on all proposed locations for a possible bike parking facility
required by the Cultural Resources Unit of the Minnesota Department of Transportation to assure
compliance with all applicable State and Federal environmental requirements.
d. Agree to provide suitable locations and install the bike parking facilities including the construction
of a foundation where necessary.
e. Agree to operate and maintain the bike parking facility for its useful life which for purposes of this
Agreement is a minimum of five (5) years. The end date shall be December 31 following the fifth
year anniversary of the installation. Given a 2011 installation, the end date of the useful life shall be
December 31, 2016; a 2012 installation and end date of December 31, 2017; etc. Said operation and
maintenance includes, but is not limited to, repair or replacement of the bicycle parking facilities due
to graffiti or damage by others.
3. City/County Obligations.
Subject to the provisions of this Agreement and in conformance with the NTP federal grant and
appropriate provisions of MnDOT Agreement 97553, each participating City/County after approval of
eligibility agrees to perform the following activities at their own cost:
a. Submit a site plan for each site(s) providing detailed information identified by the NTP Bike
Parking Request template provided by TLC.
b. Obtain written approval of the bike parking facilities site plan(s) by TLC and MnDOT Office of
Cultural Resources and State Aid prior to Minneapolis furnishing said facilities.
c. Request bike parking facilities to be furnished through the bid process administered by Minneapolis.
The costs to furnish the bike parking facilities will be funded by a Federal grant awarded to
Minneapolis. Minneapolis will furnish the bike parking facilities to each City/County upon the
following conditions:
i. Use its own local resources (staff and funds) to identify, prepare and install one or more sites
for the placement of bike parking facilities within its boundaries. Said local resources are not
reimbursable by the federal NTP grant funds.
ii. Install all bike parking facilities no later than 30 days from receipt of bike parking facilities
delivered from the vendor.
iii. Provide to TLC and Minneapolis proper documentation of the installation of bike parking
facilities in accordance with the approved site plan(s). Each City/County will submit to TLC
proper written and photo documentation after the bike parking facility has been purchased,
delivered and installed. The installation and its financial documentation must be retained at the
each participating City/County for a sufficient length of time to allow for proper audit and
close out of the Proj ect.
4. Removal of Bike Parking Facilities by City/County.
If a City/County elects to move or remove a bike parking facility prior to the end of its useful life, the
following procedures shall be followed.
A City/County may elect to move or remove the bike parking facility by declaring a greater public
purpose or reasons related to protecting the public health, safety and welfare. Said removal will not
be granted based on lack of proper operation and maintenance duties required by each City/County.
If said move or removal is for temporary purposes related to adjacent construction or development
purposes defined as less than one year and will be reinstalled at the same location then no further
action is needed.
If said move or removal will be greater than one year than thirty (30) days prior to its removal, the
City/County must notify Minneapolis (OR TLC, ATTN: Tony Hull)of its intent to remove the bike
parking facility.
If the said bike parking facility will be moved to another location, then a relocation request and site
plan shall be submitted to Minneapolis. Minneapolis will coordinate with TLC, if the NTP program
still e�sts. Minneapolis shall either approve a new location within the City/County for the bike
parking facility or request that the bike parking facility be returned to Minneapolis for installation
elsewhere in the Twin Cities eligible NTP area.
Minneapolis will respond to the removal notification within the thirty (30) day notification period and notify
the participating City/County in writing of its decision.
Each City/County will be responsible for the removal and delivery cost of the bike parking facility to
Minneapolis, but will not be responsible for repayment of any NTP federal grant due to the removal
of the bike parking facility.
The above removal provisions will no longer be in effect after the five (5) year minimum useful life
as described in Section 2e.
IN WITNESS WHEREOF, the parties have set their hands as of the day and year first above
written.
CITY OF FRIDLEY
I:
I:
Scott Lund, Mayor
William Burns, City Manager
Reviewed and approved
I:
Fritz Knaak, City Attorney
For the City of Minneapolis
Approved:
:
Public Warks Department
Approved as to Form
:
Assistant City Attorney
Countersigned:
Finance Officer or Designee
� AGENDA ITEM
� CITY COUNCIL MEETING OF APRIL 25, 2011
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INFORMAL STATUS REPORTS