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05/23/2011 - 6185� FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 ' CfiYOF 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 disabili�ies to participate in any of Fridley's senrices, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Parks & Recreation DepartmenYs Summer Programs APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 9, 2011 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of April 20, 2011 ................................................ 1 — 7 2. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and the Capitol Improvement Fund for the Year Ended 2010 ....... 8— 11 R� aon-a� 3. Claims 4. Licenses 5. Estimates ADOPTION OF AGENDA: OPEN FORUM. VISITORS: Consideration of items not on Agenda —15 minutes. OLD BUSINESS: 6. Livestock License Request by Andy Zheng for Racing Pigeons (Tabled May 9, 2011) .............................................. 27 NEW BUSINESS: 7. First Reading of an Ordinance Amending Chapter 128 of the Fridley City Code Pertaining to Abatement of Exterior Public Nuisances (Text Amendment, TA #11-06) ..................................... 28 - 30 8. Consideration of Revocation of Special Use Permit, SP #08-07, for Simba Collision, Allowing Limited Outdoor Storage of Construction Materials and Equipment and Vehicles Within a Fenced-In Area in the Rear of the Property, Generally Located at 7865-69 Beech Street (Ward 3) ......................................... 31 - 34 12 - 23 9. 24-25 i►Z: Informal Status Reports ................. 35 ADJOURN. � � ClTY OF FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2011 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Parks & Recreation Department's Summer Programs APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 9, 2011 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of April 20, 2011 ............................................................ 1- 7 2. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and the Capitol Improvement Fund for the Year Ended 2010 ........................................................................ 8- 11 3. Claims ........................................................................................................ 12 - 23 FRIDLEY CITY COUNCIL MEETING OF MAY 9. 2011 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Licenses ........................................................................................................ 24 - 25 5. Estimates � ........................................................................................................ 26 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. OLD BUSINESS: 6. Livestock License Request by Andy Zheng for Racing Pigeons (Tabled May 9, 2011) NEW BUSINESS: ....................................................... 27 7. First Reading of an Ordinance Amending Chapter 128 of the Fridley City Code Pertaining to Abatement of Exterior Public Nuisances (Text Amendment, TA#11-06) ....................................................................................................... 28 - 30 8. Consideration of Revocation of Special Use Permit, SP #08-07, for Simba Collision, Allowing Limited Outdoor Storage of Construction Materials and Equipment and Vehicles Within a Fenced-In Area in the Rear of the Property, Generally Located at 7865-69 Beech Street - ar .......................................................................................................... 31 34 9. Informal Status Reports ................................................................................... 35 ADJOURN. / a CRY OF FRIDLEY TO: FROM CC: DATE: AGENDA ITEM CITY COUNCIL MEETING OF MAY 23, 2011 William W. Burns, City Manager James P. Kosluchar, Public Works Director Donovan W. Abbot, Public Safety Director May 23, 2011 SUBJECT: Spring 2011 Tornado Cleanup Plan PW 11-035 As requested at our emergency update meeting this morning, attached is our proposed Tornado Cleanup Plan to deal with the aftermath of weather events on May 22 The main objectives of City Public Works crews are prioritized as follows: 1) clear roadways for emergency access and safe travel, 2) clear park hazards, 3) re-establish tra�c signage, 4) clear boulevard trees that block access to properties, 5) clear roadside and park debris such as trees, roots, and branches, and 6) clean streets and storm sewers of debris. Public Works crews have cleared and opened streets insofar as possible and remaining closed streets are due to power line hazards that must be addressed by Xcel Energy prior to tree removal work. Park hazards were cleared or secured today. Traffic signage has been re-established today. We have begun the work of addressing boulevard trees that are blocking accesses today; this may take a couple of days. Clearing roadside debris is likely to take three weeks with our public works staff. Storm sewer inlets are being cleaned as needed currently, and final cleanup of streets will follow debris removal operations. While private property owners bear the responsibility of clearing trees and tree hazards on their properties, we propose a residential assistance component for private property owners in addition to our normal cleanup operations. This will allow for expediting cleanup Citywide, avoid the exercise of determining responsible parties to dispose of storm debris, and encourage hauling of trees by owners. By collecting tree debris on the boulevard, we will extend boulevard cleanup by approximately one week, however, private property cleanwp is progressing rapidly and this assistance may not require the duration we are projecting. Residents will be responsible for placing topsoil and planting disturbed areas. We anticipate no contractor costs will be associated with this program at this time, and we will evaluate the program at the end of the week to determine that resources are sufficient to complete initial cleanup in three weeks. We request that the City Counci amend tonighYs agenda o conside this plan, and recommend the City Council move to approve the attac e 1 Torna o Cleanup n: JPK:jpk CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 2011 Tornado Cleanup Plan The main objectives of City Public Works crews are prioritized as follows: 1) clear roadways for emergency access and safe travel, 2) clear park hazards, 3) re-establish traffic signage, 4) clear boulevard trees that block access to properties, 5) clear roadside and park debris such as trees, roots, and branches, and 6) clean streets and storm sewers of debris. Clearinca Roadways: Street Division c�ews will respond and remove trees blocking roadways when utilities are removed from the obstruction. Clearina Park Hazards: Parks Division crews will address hazards in park areas, with assistance as needed. Re-Establish Traffic Siqna�e: Street Division personnel will repair signals and signage and will coordinate reestablishing street lighting. Clearinq Trees Blockinq Private Drives: Public Works personnel will work to clear boulevard trees that obstruct access to private properties. Clearina Roadside and Park Debris: Public Works personnel will clea� trees and large branches on City boulevards in affected areas. Residential Assistance Plan: The City will assist residential owners by providing 1) a drop-off site for trees and brush, and 2) clearing of trees and large branches on boulevards. The tentative disposal site is at Columbia Arena, where the City will arrange for chipping and grinding of wood materials. Only trees, tree limbs, and clean brush will be accepted at the drop-off site from addresses that were affected by the tornado. Individuals will be allowed to drop off brush and trees during set hours to be determined. Residents will be responsible for placing topsoil and planting disturbed areas, including those in boulevards. Residents are responsible to dispose of all building debris outside this program. Street and Storm Sewer Cleaninq: Public Works personnel will perform a final cleanup of streets by sweeping and will clean all storm sewers. We do not anticipate the need for contracted costs for pickup, hauling, and disposal of tree waste; however, certain tree removals may require contracted assistance if their removal poses danger to Public Works crews due to equipment and manpower limitations. While out of pocket costs are minimized with this plan, other maintenance work perFormed by Public Works crews, including mowing certain areas, street patching, etc. will be deferred until cleanup operations are complete in order to provide the manpower to accomplish necessary work. CITY COUNCIL MEETING CITY OF FRIDLEY MAY 9, 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 Saeflce Councilmember Varichak Councilmember Barnette Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director Don Abbott, Public Safety Director Scott A. Dahlberg, 5455 Sixth Street NE PROCLAMATIONS: Public Works Week: May 15-21, 2011 National Police Week: May 15-21, 2011 Peace Officers Memorial Day: May 15, 2011 PRESENTATION: Anoka County Sheriff James Stuart. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Local Board of Appeal and Equalization Meeting of Apri125, 2011 APPROVED. City Council Meeting of Apri125, 2011 APPROVED. FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 2 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 506, Vehicle Parking Near Mailboxes and Chapter 901, Penalties. William Burns, City Manager, stated the ordinance will make it a petty misdemeanor to park a vehicle in a manner that interferes with mail delivery. If passed tonight, the ordinance will become effective on June 3, 2011. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1280 ON SECOND READING AND ORDERED PUBLICATION. 2. Second 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. • and Adopting Official Title and Summary Ordinance William Burns, City Manager, said the proposed district covers a 338-acre area bounded by I-694 on the south, 61 St Avenue on the north, the Mississippi River on the west, and University Avenue on the east. It also includes a sma11 strip of land to the east of University Avenue. The purpose of the Overlay District is to: (1) Implement Code requirements that will encourage dense mixed use pedestrian- friendly development within a half mile of the Northstar station site; (2) Create multi-modal connections for the Fridley Northstar commuter rail station that allows a safe access to the station by any mode of transportation; (3) Create a neighborhood identity with the Northstar station that promotes the use of mass transit, human interactions, safety, and livability; (4) Reduce automobile dependency by locating a variety of land uses within a half mile of the train station; and (5) Provide life cycle housing for people of different income levels and housing space � needs within one half mile of the train station. Dr. Burns stated Council approved the first reading of this ordinance at its April 25, 2011, meeting. Staff recommends Council approval of the second reading of this ordinance and approval of the Title and Summary Ordinance. FRIDLEY CITY COUNCIL MEETING OF MAY 9. 2011 PAGE 3 WAIVED THE READING OF THE ORIDNANCE AND ADOPTED ORDINANCE NO. 1281 ON SECOND READING AND ADOPTED THE OFFICIAL TITLE AND SUMMARY ORDINANCE AND ORDERED PUBLICATION. 3. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to General Provisions and Fees. William W. Burns, City Manager, stated this amendment includes the $1,600 TOD application fee and a$500 tree substitution fee that may be charged depending on circumstances. These charges are listed in the TOD ordinance, and they also need to list them in Chapter 11 under "Fees." Council recommends approval of this as well. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1282 ON SECOND READING AND ORDERED PUBLICATION. 4. Livestock License Request by Andy Zhang for Racing Pigeons (Tabled April 25, 2011). Dr. Burns stated since the last meeting staff has had difficulty formulating the inspection of this racing pigeon site at 1632 Rice Creek Road; and they are recommending the item be tabled until Council's May 23, 2011, meeting. THIS ITEM WAS REMOVED AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 5. Claims (150555 —150714) Councilmember Varichak stated on page 23, the name "Hohensteins" should be "Hollensteins." APPROVED. 6. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item No. 4 be removed so it could again be tabled. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item No. 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 9. 2011 PAGE 4 ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 4. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Councilmember Bolkcom asked Dr. Burns if he could summarize how much staff time was spent mowing and cleaning up University Avenue, which is the area that is supposed to be maintained by MnDOT. James Kosluchar, Public Works Director, replied he would say about a week's worth of cleanup with the majority of the City's crew. There has been some subsequent trim work. They have done one round of mowing. Dr. Burns stated he thinks the City is still doing the herbicide. Mr. Kosluchar replied that has to be done yet. Councilmember Bolkcom stated she just wanted to make a point that the City has taken it upon itself to maintain University. She has heard from different people. It really is the gateway to our community. It is actually supposed to be maintained by MnDOT and if the City is lucky, once or twice a year they will mow. There is also the fence that has not been repaired for some time. Mayor Lund stated there may be sacrifices to other parks because they are using additional Public Works people to do the mowing. It was mentioned to Council this evening that $10,000 was removed from the Public Works budget for this year, on top of adding another major work load to the Public Works staff. Councilmember Bolkcom stated she does believe the Parks and Recreation Commission is looking at doing some type of Adopt-a-Park program. NEW BUSINESS: 7. Resolution to Vacate a Portion of 55th Avenue, which was Platted as Third Street, Generally Located West of Seventh Street and North of the Parcel Addressed as 5455 Sixth Street N.E., Petitioned by the Property Owner, Scott Dahlberg (Vacation Request, SAV #11-01) (Ward 1). Scott Hickok, Community Development Director, stated Mr. Dahlberg is seeking to vacate the unimproved portion of 55�' Avenue located north of the vacant property at 5545 Sixth Street. Vacating this right-of-way will give the petitioner additional land area required to make the lot buildable. Currently it is not. FRIDLEY CITY COUNCIL MEETING OF MAY 9. 2011 PAGE 5 Mr. Hickok stated in 1972 a request was submitted to vacate 55�' Avenue, north of the apartment building at 5451 Fifth Street, which is directly west of the property at this address. The request was denied because at that time the Public Works staff thought 55�' Avenue might be utilized at some time in the future. Mr. Hickok said in 2001, the same request was submitted by the new owners of the apartment building. Public Works staff determined at that time they no longer needed that right-of-way and, as a result, a vacation was approved. Mr. Hickok stated petitioner's property is 19,200 square feet in size which is 800 square feet short in meeting minimum lot size for the C-2 General Business District in which it is zoned. Vacating this right-of-way would give the petitioner an additional 30 feet by 166 feet (4,900 square feet) which would then increase the size of the lot to 24,100 square feet and, therefore, meet the minimum lot size requirement of 20,000 square feet. Mr. Hickok stated although the petitioner does not have plans at this time to develop the property, he is making the request so it is ready in the event he is approached by a potential buyer or developer. In order to service this newly-created property, staff has drafted a stipulation based on direction from the City's Engineering Deparhnent to either install a private driveway or public road from Seventh Street. At the time the property is developed, it will be the developer's choice as to how they would like to access that site. Mr. Hickok stated on April 20, 2011, the Planning Commission held a public hearing for this vacation. The Commission unanimously recommended approval of the request after a brief discussion. Since the Planning Commission meeting, the petitioner's surveyor has located the placement of the water main on this site. As a result, an additional stipulation has been drafted to require the petitioner file the necessary utility easements at the County to provide the City with access to utility services. Mr. Hickok sta.ted staff recommends concurrence with the Planning Commission with the addition of Stipulation No. 2 as follows: The petitioner shall file utility easements at Anoka County that are depicted on the Certificate of Survey from Kurth Surveying with a revised date of 4/29/11. Staff is also recommending approval of the attached resolution. Councilmember Saefke said at one time there used to be a cabinet shop off of Seventh Street where that driveway is now and was located just south of that. He remembers the City plowing that little stretch of land. He asked if this vacation is bordered on the west side of a fence line right now? Scott Dahlberg, Petitioner, replied, correct. Councilmember Saefke stated and then there is a fence along the Highway Department's right- of-way, correct? Mr. Dahlberg replied, correct. FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 6 Councilmember Saefke asked Mr. Dahlberg if he is aware of the fact there are people who live actually off the freeway in that little gully and there is a pathway to their property. It is right in the corner where the two fence lines meet. He has no objection at a11 to vacate the property. When he was in the Water Department they always had trouble locating that water main. He asked the petitioner whether they located it through an electronic method? Mr. Hickok replied he believed they used electronic methods. Councilmember Saefke stated when they attempted to do that they could never actually follow the watermain trail, where it goes underneath the freeway. According to the drawing, it does not look like it does go under the freeway but continues to go west. Mr. Dahlberg replied, as far as he knows it goes east-west. Councilmember Saefke asked Mr. Dahlberg if he had any problem with providing the 15-foot easement. Mr. Dahlberg stated they are actually working with the surveyors to get a 20-foot easement. That line which they would like to set up maintains the 20-feet around that utility. Commissioner Bolkcom asked to be provided with the Planning Commission meeting minutes in the future. She has no objections to this vacation request. She asked if there were any other comments from anyone else at the Planning Commission meeting? Mr. Hickok replied, no. Mayor Lund asked where the billboard sign was. Mr. Hickok replied it is entirely on the adjacent property that goes directly east of the Dahlberg property. MOTION by Commissioner Saeflce adopting Resolution No. 2011-23 with the following stipulations: 1. Access to 5455 6�' Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7�` Street, with proper signage visible from 7�' Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7�` Street (billboard lot) FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 7 iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7`�' Street, with proper signage visible from 7�' Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7`�' Street (billboard lot) vi. Water, sewer, and stormwater connection fees sha11 be paid by owner/developer prior to issuance of a building permit. 2. The petitioner shall file utility easements at Anoka County that are depicted on the Certificate of Survey from Kurth Surveying with a revised date of 4/29/11. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Livestock License Request by Andy Zheng for Racing Pigeons (Tabled April 25, 2011). MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to table the item until the May 23, 2011, City Council meeting. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Informal Status Reports There were no informal status reports. FRIDLEY CITY COUNCIL MEETING OF MAY 9. 2011 PAGE 8 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 8:08 P.M. Respectfully submitted, Denise M. Johnson Scott J. Lund Recording Secretary Mayor PLANNING COMMISSION MEETING Apri120, 2011 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: Leroy Oquist, David Kondrick, Jack Velin, Brad Dunham, Dean Saba, Brad Sielaff, and Tim Solberg OTHERS PRESENT: Stacy Stromberg, Planner Approval of Minutes: January 19, 2011 MOTION by Commissioner Saba to approve the minutes as presented. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Public Hearing for a Vacation, S.AV #11-01, by Scott Dahlberg, to vacate a portion of unimproved 55`h Avenue NE, (Platted as 3�d Street) in order to acquire additional land area to make a code compliant buildable lot, generally located north of the vacant lot at 5455 — 6"' Street, which is south of Interstate 694 and west of 7th Street. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planner, stated the petitioner, Mr. Dahlberg, is seeking to vacate an unimproved portion of 55`h Avenue, which is located north of the vacant property at 5545 6`h Street. Vacating this unimproved right-of-way will give the petitioner the additional land area required to make the lot buildable. Ms. Stromberg stated in 1972 there was a vacation request submitted to vacate 55`h Avenue, north of the apartment building located at 5451 5`h Street, which is directly west of the property at 5455 6`h Street. That vacation request was denied because at the time the City's Public Works staff didn't recommend the vacation in case 55`h Avenue were to be utilized again. In 2001, a vacation request was submitted by the owners of the apartment building at 5451 5`" Street. Public Works staff determined at that time there was no longer a need to keep the right-of-way and as a result the vacation was approved. Ms. Stromberg stated the petitioner is seeking to vacate an unimproved portion of 55`h Avenue NE, north of the property he owns at 5455 6`h Street. His property is currently 19,200 square feet in size, which is 800 sq. ft. short of ineeting the minimum lot size requirements for the C-2, General Business zoning district regulations. Vacating this right-of-way, would give the petitioner an additional 30 feet by 166 feet (4,900 square feet) section of land, which would then increase the size of the lot to 24,100 square feet, therefore, meeting the minimum lot size requirement of 20,000 square feet. 1� Ms. Stromberg stated the area proposed to be vacated is shown in the crosshatched area in the above aerial and is also in the attached survey. As stated above, the petitioner would gain a 30 feet by 166 feet strip of land and the remaining portion of the vacated 55`h Avenue would be turned back to the City. Ms. Stromberg stated although the petitioner doesn't have plans to develop the property at this time, he's seeking this request now so it's ready in the event that he's approached by a potential buyer or developer. In order to service this newly created properly, staff has drafted a stipulation based on direction from the City's Engineering department to either install a private driveway or a public road from 7`h Street. At which time the property is developed, it will be the developer's choice as to how to access the site. Ms. Stromberg stated in the case of the 2001 vacation of 55`h Avenue, the City required that the northerly 5 feet of the vacated street be dedicated back to the City as an easement because there is a water main located directly north of that property, and the City needed the easement for access purposes. The petitioner's surveyor is currently locating the placement of that water main and how it may impact this vacation request. As a result, an additional stipulation may be added to this vacation request, once the surveyor has provided the necessary information to the City on placement of the water main. The City will have that information by the time this request goes before the City Council. Ms. Stromberg stated City staff recommends approval of the street vacation request, with a stipulation. City staff recommends if the street vacation is approved, the following stipulation be attached: Access to 5455 6`h Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7�h Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a bui}ding permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. Chairperson Kondrick stated depending upon how the property develops, in the second choice, does that mean that he has to pay for a driveway, the full length from 7`h Street to his property? With both options he has to pay for the street or driveway to be done, correct? Ms. Stromberg replied, yes. The first option is to install a code-compliant street, construction of the street, curb/gutter, everything you would see on a normal city street. The second option is to do a private � driveway instead. It will still need to be curbed and guttered, and there would have to be a turn around access point for fire truck access, but it would be a private driveway instead of a public road. Commissioner Oquist asked what is the status of the property to the east of the petitioner's property? Ms. Stromberg explained there is already a dirt road that exists from 7`h Street leading to the petitioner's property. This dirt road is 55`h Avenue and a portion of is being asked to be vacated. She showed on an aerial where the street or private driveway would go in to access the site. The lot east of the petitioner's property is a billboard lot at 6480 7`h Street, which is owned by Clear Channel and is vacant other than the billboard. Commissioner Oquist asked who owns the road, the City? Ms. Stromberg replied, yes. Commissioner Kondrick asked, they are not asking the petitioner to pave, improve the road from Seventh Street all the way to the west of their property, are they? Are they just talking about improving the road on the property from 7`h Street to the east edge of the petitioner's property? Ms. Stromberg replied, correct Commissioner Dunham asked is 5480 7`h Street is completely unbuildable? Even if you were to vacate the right-of-way? Ms. Stromberg replied it is zoned C-2 and which has a minimum lot size of 20,000 square feet; therefore, she believes it would be under. Commissioner Oquist asked if the property at 5480 7`h Street pursued a vacation it would really land locks the property wouldn't it? Ms. Stromberg replied, it would; and it would be a matter between the petitioner and Clear Channel to work out some kind of access agreement to their lot. Commissioner Dunham asked how would 5455 6`h Street become landlocked if that would happen? Was it part of 5460 7`h Street at one time? Ms. Stromberg replied, no. It has always been its own parcel. It would become landlocked only if the remainder of 55`h Avenue was vacated. Because the portion of 55`h Avenue not of the parcel at 5480 7�' Street is not being vacated, it provides right-of-way access to the petitioner's property. Commissioner Kondrick asked Ms. Stromberg whether staff has received any correspondence or phone calls from those who were sent letters? Ms. Stromberg replied, staff did receive an inquiry from the owner of the apartment building to the west just out of curiosity. Commissioner Velin asked, what is a private hydrant installation? Ms. Stromberg replied, the developer would need to install a hydrant. Commissioner Velin asked, would the City put that in? The petitioner would have to pay for a hydrant? 33 Ms. Stromberg replied, yes, the developer would have to pay for the hydrant. Lots of businesses have private hydrants. Commissibner Sielaff asked, the petitioner would have a driveway on his property that he does not own? Ms. Stromberg replied, correct because the driveway would be in the public right-of-way. Commissioner Sielaff asked, how is that dealt with? Ms. Stromberg repiied, it is through a license agreement with the City, the agreement is drafted by the City's engineering department. Commissioner Sielaff asked theoretically if they put a driveway and license it from the City it is likely that the City would vacant the rest of SS�h Avenue. Ms. Stromberg replied, it is likely that the City would not vacate it then. Commissioner Dunham asked if 5480 7`h Street could ever be a buildable? Ms. Stromberg replied, that is something that she would need to analyze. She is not sure if it would have enough land area even with the road being vacated. She would have to determine the square footage of the lot at 5480 7`h Street and then add it with the road and see if there would be enough land area to make it buildable. Commissioner Kondrick asked the petitioner whether all of the conditions are agreeable? Scott Dahlberg, petitioner, replied he has been working with Ms. Stromberg for quite some time. It has been very smooth, very clear process. Commissioner Kondrick stated he realizes it depends on what is built there as far as how he does the road. Mr. Dahlberg replied, absolutely, and he is glad these stipulations are up front, too, because it will be something they will talk about in the purchase agreement. He wants there to be full disclosure. Commissioner Kondrick asked Mr. Dahlberg whether the fire hydrant, possible cul de sac, etc. are all okay with him? Mr. Dahlberg replied, absolutely. Commissioner Oquist asked Mr. Dahlberg, if he currently has plans for the property and is he just being proactive? Mr. Dahlberg replied, he is being proactive but he thinks they wil( end up selling it because the taxes have been rising quite steadily. He will probably be selling it more in the near future. Commissioner Sielaff asked, what happens when he changes ownership? Ms. Stromberg replied, the license agreement will be put into place at the time the lot is developed. The stipulation will always stay with the land. Therefore, anyone who comes in to develop it will need to 44 meet one of the two stipulations. If a developer develops it and then chooses a private contract agreement with the City that agreement would be transferable if the lot or the business was sold. Commissioner Sietaff asked whether they pay some sort of annual fee for the license? Ms. Stromberg replied, she is not sure. The license agreement is drafted by the Engineering Department. It is something they have done in the past and is not something new. She is unsure whether it is an annual or one-time fee. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:22 P.M. Chairperson Kondrick stated he has no problem with this. He has driven by there. He thinks it gives the petitioner the option one way or the other depending on who buys it, and the buyer can go whichever way he wants to go. The street dead-ends anyways. MOTION by Commissioner Oquist approving Vacation, SAV #11-01, by Scott Dahlberg, to vacate a portion of unimproved 55`h Avenue NE, (Platted as 3`d Street) in order to acquire additiona( land area to make a code compliant buildable lot, generally located north of the vacant lot at 5455 — 6`h Street, which is south of Interstate 694 and west of 7`h Street with the following stipulation: 1. Access to 5455 6`h Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7`� Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Instail a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes _ v. Curb cut will be required to allow access for the lot at 5480 7`h Street (billboard lot) � vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. s5 2. Receive the Minutes of the January 6, 2011, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Sielaffto receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the January 11, 2011 Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the December 6, 2010, Parks & Recreation Commission Meeting. MOTION by Commissioner Sibel to receive the Minutes. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the Minutes of the February 7, 2011, Parks & Recreation Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Receive the Minutes of the March 7, 2011, Parks & Recreation Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Sielaff UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTIiER BUSINESS: Ms. Stromberg stated that she wanted to provide the Commission with an update on the two text amendments from the last meeting, one was for the Hyde Park zoning district and the other one was the TOD Overlay. The Hyde Park text amendment was approved by the Council and the TOD text amendment will go before the City Council on April 25, 2011 for the first reading. Ms. Stromberg stated the next meeting is set for May 18, 2011. We have one special use permit. ADJOURN MOTION by Commissioner Oquist adjourning the meeting. Seconded by Commissioner Dunham. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:27 P.M. Respectfully submitted, �.���'�'�' `�G"�� Denise M. Johnson Recording Secretary �7 � � CRY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF MAY 23, 2011 William W. Burns, City Manager �f Darin R. Nelson, Finance Director �/� A1 Folie, Assistant Finance Director �� May 16, 2011 Final Changes in Appropriations for the General Fund, Special Revenue Funds and the Capital Improvement Fund for the Year Ended December 31, 2010 Attached are the final changes in the appropriations to the budget for the year ended December 31, 2010. These changes are similar to those that we have brought to Council this time of year for the past number of years as we prepare to publish the City of Fridley's Comprehensive Annual Financial Report. These changes are in keeping with Chapter 7 of the City Code. The majority of the changes are based on departmental initiatives that have caused an increase in efficiency of the department or a better delivery of service to our customers. The changes to the General Fund are occurring from within departmental budgets or drawing from the emergency reserve.. The changes that are shown in a few of the Special Revenue Funds are because these are funds that traditionally have not been established as part of the normal budgeting process due to the unknown aspect of each of their activities. Staff's recommendation is for the City Council to pass the attached resolution and complete the budget cycle for 2010. � RESOLUTION NO. — 2011 A RESOLUTION AUTHORIZING FINAL CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS, AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR ENDED 2010 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of services, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2010. NOW, THEREFORE, BE IT RESOLVED that the General Fund, Special Revenue Funds, and the Capital Improvement Fund budgets for the following divisions be amended as follows: REVENUE ADJUSTMENTS TOTAL REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS CITY MANAGER HUMAN RESOURCE8 POLICE EMERGENCY MANAGEMENT FIRE GARAGE MAINTENANCE BUILDING INSPECTION BUILDING INSPECTION PLANNING NON-DEPARTMENTAL GENERAL FUND PROPERTY TAXES INTERGOVERNMENTAL EQUIP CERTIFICATES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES N ($426,240) 426,240 550,000 $550,000 $4,202 (4,202) 1,163 (1,163) 42,847 3,540 (3,540) 9,783 (9,783) 62,566 4,092 (4,092) 6,106 (6,106) 12,087 MKT VALUE HOMESTEAD CREDIT MKT VALUE HOMESTEAD CREDIT PROCEEDS FROM EQUIP CERTS ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE EMERGENCY RESERVE TOTAL APPROPRIATION ADJUSTMENTS CABLE TV FUND GRANT MANAGEMENT FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS (54,934) $62,566 SPECIAL REVENUE FUNDS INTERGOVERNMENTAL $122,316 PERSONAL SERVICES $35,784 SUPPLIES/CHARGES 86,532 $122,316 ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE HRA REIMBURSEMENT FUND REVENUE ADJUSTMENTS INTERGOVEf�NMENTAL $17,224 UNBUDGETED ACTIVITY APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES $17,224 UNBUDGETED ACTIVITY DRUG/GAMBLING FORFEITURE FUND REVENUE ADJUSTMENTS FINES AND FORFEITS $26,717 UNBUDGETED ACTIVITY APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES $26,717 UNBUDGETED ACTIVITY F.C.C. DONATIONS FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS SPRINGBROOK NATURE CENTER FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS INVESTMENT INCOME $765 SUPPLIES/CHARGES $404 CAPITAL OUTLAY 14,641 $15,045 CHARGES FOR SRVCS $7,809 PERSONAL SERVICES $2,393 SUPPLIES/CHARGES 5,416 $7,809 10 UNBUDGETED ACTIVITY UNBUDGETED ACTIVITY UNBUDGETED ACTIVITY ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE ELIMINATE NEGATIVE VARIANCE CAPITAL IMPROVEMENT FUND APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS CAPITAL PROJECT FUNDS SUPPLIES/CHARGES CAPITAL OUTLAY ($8,017) ELIMINATE NEGATIVE VARIANCE 8,011 ELIMINATE NEGATIVE VARIANCE $0 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23ra DAY OF MAY, 2011. ATTEST: DEBR.A A. SKOGEN — CITY CLERK 11 SCOTT J. LUND - MAYOR � AGENDA ITEM COUNCIL MEETING OF MAY 23, 2011 arr oF CLAI MS FRIDLEY CLAI MS 150717 - 150863 12 � AGENDA ITEM � CITY COUNCIL MEETING OF MAY 23, 2011 `�°F LICENSES FRIDLEY TYFE OF LICENSE: APPLICANT: 'AFPRf�VED B�: 49ER DAY STREET VENDING Matt Milner Sales City Clerk (JiINE 23, 2011) (Gerald Johnson- Applicant) Public Safety Parks Director MUSIC FESTIVAL/PUBLIC BEN HOLMES-CHAIRMAN City Clerk DANCE (JLJNE 24& 25, 2011) Community Development Fire Inspector Public Safe TREE REMOVAL &TREATMENT Eagle Tree Service, Inc. Public Safety Michael R. Jensen Public Works St. Croiat Tree Service, Inc. Public Safety Sabrina Y. Jerlow Public Works A Family Tree & Brush Public Safety Service Public Works Steven Pelton STREET VENDING PERMIT Nafe Ice Cream Public Safety Mohammed A. Nafie Public Works PEDDLER OR SOLICITOR LICENSE Hoffman Weber Const. Inc. Public Safety Nathaniel Hart 24 � AGENDA ITEM � CITY COUNCIL MEETING OF MAY 23, 2011 °n°F LICENSES FRIQLEY Contractor T e A licant A roved B Anderson Builders Commercial or S ecial Nate Downin Ron Julkowski, CBO Anderson Heatin & A/C Inc Heatin Pa Nelson Ron Julkowski, CBO Bauernfeind Goedtel Heatin Chad Merritt Ron Julkowski, CBO Berwald Roofin Com an Inc Commercial or S ecial Kenneth Berwald Ron Julkowski, CBO Boiler Services Inc Heatin Tom Marchessault Ron Julkowski, CBO C F Ha lin & Sons Inc Commercial or S ecial Thomas Goerin Ron Julkowski, CBO Drain Kin Inc � Excavatin Art Kallenbach Ron Julkowski, CBO Home Ener Center Heatin Diane Moter Ron Julkowski, CBO Pi eline Industries Inc Excavatin Ton Wakeham Ron Julkowski, CBO Practical S stems Gas Jeff Kline Ron Julkowski, CBO Practical S stems Heatin Jeff Kline Ron Julkowski, CBO Rice Creek Townhouses Commercial or S ecial Tim McIntosh Ron Julkowski, CBO RJM Construction LLC Commercial or S ecial Joe Madd Ron Julkowski, CBO Romeo Lawn Maintenance Wreckin L Eone Rile Ron Julkowski, CBO Sharp Heating & Air Heating Floyd Joswick Ron Julkowski, CBO Conditionin South-Town Refri eration Heatin Dan Anderson Ron Julkowski, CBO Standard Heating & Air Heating Todd Ferrara Ron Julkowski, CBO Conditionin ' Tim's Quali Plumbin Inc Gas Timoth Lindholm Ron Julkowski, CBO Treated Air Com an Heatin Michael Gorman Ron Julkowski, CBO Under ound Utilities Inc Excavatin Jason Johnson Ron Julkowski, CBO 25 � AGENDA ITEM CITY COUNCIL MEETING OF MAY 23, 2011 °1� °F ESTI MATES FRIDlE1f Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 Street Improvement Project ST2011-01 Estimate No. 1 ............................................................................. $ 62,698.10 Ron Kassa Construction 6005 East 250t" Street Elko, MN 55020-9447 2011 Misc. Concrete Repair Project No. 401 Estimate No. 1 ............................................................................. $ 3,830.40 � f L CITY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MAY 23, 2011 William W. Burns, City Manager Scott Hickok, Community Development Director May 19, 2011 Pigeon License for 1632 Rice Creek Road At their meeting on May 9, 2011, Council tabled the Pigeon license for Andy Zheng, 1632 Rice Creek Road. Due to difficulties reaching either Mr. or Ms. Zheng, it has been difficult to coordinate the necessary inspection. Therefore, staff asked that Council continue with this license item on the table, until May 23, 2011. On Monday, May 23, staff has scheduled and will inspect the Zheng property and will have a verbal report and recommendation ready for Council on Monday evening. 2� � � CRY OF FRIDLtIf AGENDA ITEM CITY COUNCIL MEETING OF MAY 23, 2011 Date: May 13, 2011 To: William Burns, City Manager � � From Subject: Scott Hickok, Community Development Director Julie Jones, Planning Manager Text Amendment TA#11-06, Chapter 128, Abatement of Exterior Public Nuisances Background The City recently began using the Appeals Commission to hear public nuisance abatement appea(s rather than hire an independent hearing examiner. Such appeals are rare, and authority is already granted to the Appeals Commission for this role in the Zoning Code. The appeal process as written in Chapter 128.06 of the City Code does specifically refer to the use of a hearing examiner and should be amended to describe the new process of administering the Appeals Commission authority to serve this role. The City needs to change the timeline of hearings to match the fact that the Appeals Commission now only meets once per month, so it is not feasible to meet the 20 day hearing schedule reyuired in the current code language. In our last two appeals, the pariy appealing their case had asked for an extension of the 20 days, so this has not been an issue. That may not always be the case, so the code should be changed to match the ability of the City to respond to an appeal. Recommendation Staff recommends that the City Council conduct the first reading of the attached proposed text changes to Chapter 128 of City Code. Staff is prepared to complete materials for a second reading of the ordinance at the June 13, 2011, City Council meeting. . : PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2011. ATTEST: DEBR.A A. SKOGEN, CITY CLERK Public Hearing: NA First Reading: May 23, 2011 Second Reading: Published: � SCOTT J. LUND, MAYOR � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 23, 2011 Date: May 13, 2011 „ ) � f�� To: William Burns, City Manager � From: Subject: Scott Hickok, Community Development Director Julie Jones, Planning Manager Revocation of Special Use Permit SP#08-07 for Outside Storage, 7865-69 Beech Street Background In June 2008, the City Council granted the owners of an industrial building in the Onaway Zoning District at 7865-69 Beech Street a special use permit for an outside storage area behind the building along the alley. One side of the building (7865) is used by Franklin Builders and one side (7869) is used by and auto body shop, Simba Collision. Since the auto body shop requires an annual license from the City, staff periodically inspects the site and has often wifiessed problems with Simba Collision's business practices. Last year, staff sent the property owner notice (letter attached) regarding several violations. The business appeared to correct those violations, so the code enforcement case was closed. Simba Collision was also in violation of fire and building (ventilation) code requirements last year, resulting in their paint booth being shut down for a time. When staff recently inspected the site for the annual body shop permit, it was clear that three of the five stipulations related to the SUP were being violated. These were the same problems that staff had witnessed in previous inspections. Notice was then sent to the property owner of the violations, including notice that staff would be holding a public hearing on May 23, to consider revocation of the SUP for outside storage. Recommendation Staff recommends that the City Council revoke the special use permit for 7865-69 Beech Street for outside storage with the following findings of fact: 1. The business capacity of the two businesses on site regularly exceeds the nine parking stalls located on the site, so vehicles are often parked beyond the designated parking stalls. f 2. Inoperable or unlicensed vehicles are routinely stored outside on the site. 3. The Simba Collision business is routinely using the street to maneuver and park vehicles being serviced as many vehicles are being stored in the driveway. 31 CITY COUNCIL ACTION TAKEN NOTICE June 13, 2008 Michael Jackson 16100 Andrie Street NW Ramsey MN 55303 Dear Mr. Jackson: On Monday, June 9, 2008, the Fridley City Council officially approved Special Use Permit, SP #08-07, to allow limited outdoor storage of construction materials and equipment and vehicles within a fenced in area in the rear yard of the property, legally described as Lots 20 & 21, Block 2, Onaway Addition, generally located at 7865-69 Beech Street. Approval of this special use permit is contingent upon the following stipulations: 1. Nine code complaint parking stalls shall be striped within 60 days of issuance of this special use permit. 2. No outdoor storage other than the existing enclosed area in the rear yard shall exist on the site without an additiona/ special use permit being approved. 3. The petitioner shall receive approval from the Fire Marshal for the types of materia/s stored outside within 30 days of issuance of this special use permit. 4. No junk (inoperable or unlicensed) vehicles shall be stored on site. 5. All vehicles shall be parked in designated parking stalls. If you have any questions regarding the above action, please call me at 763-572-3590. Sincerely, Scott Hickok Community Development Director SH/jb cc: Address File Special Use Permit File Mary Fitz Stacy Stromberg c-os-s7 32 _ _ CIIYOF FR[DLEY FRIDLEY MU1vICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534 April 09, 2010 CYNTHIA JACKSON 7865 BEECH ST NE FRIDLEY, MN 55432-0000 RE: First Notice of Noncompliance of the Fridley City Code at 7865 BEECH ST NE Dear Property Owner: The City of Fridley has many code regulations designed to promote sound land management and protect the economic wellbeing of the community. The purpose of this letter is to both inform you about how certain city codes relate to your property's current conditions and to ask for your assistance in resolving a code violation. Upon recent inspection of your property, the following code violation(s) were observed by a member of our staff: You have violated vour Suecial Use Permit stiAUlation #3. Hazardous materials are beinE stored in outside stora�e area which is not allowed. Other violations are storing vehicle part outside of screening area, Unlicensed vehicle stored outside, usin� the street to sta�e and store vehicles being serviced. Also Dealer license alates are bein� illeEallv used to transnort vehicles, which is a STATE STATUTE violation. This is a violation of the Special Use Permit at this location. The City advises you to correct this item(s) by the date below. Be aware that a violation of this or any other stipulation of your Special Use Permit is cause for revocation by the City Council. The next inspection of your property will occur on or about 4/24/2010. The City asks that you correct these items by this date. If you would like to discuss this issue or have yuestions concerning any other city codes, please contact me at (763) 572-3599. Thank you for your cooperation. Sincerely, Julie Jones Planning Manager City of Fridley CC: SIMBA COLLSION 7865 BEECH STREET NE FRIDLEY, MN 55432 33 CE-10-99 _ _ CIIYOF FR[DLE,Y FRIDLEY MLTNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/'I'I'Y (763) 572-3534 April 29, 2011 CYNTHIA JACKSON 7865 BEECH ST NE FRIDLEY, MN 55432 RE: First Notice of Noncompliance of the Fridley City Code at 7865 BEECH ST NE Dear Property Owner: The City of Fridley has many code regulations designed to promote sound land management and protect the economic wellbeing of the community. The purpose of this letter is to both inform you about how certain city codes relate to your property's current conditions and to ask for your � assistance in resolving a code violation. Upon recent inspection of your property, the following code violation(s) were observed by a member of our staff: �ecial Use Permit stipulations are beingviolated. Vehicles are being stored in places outside the nine desi�nated parking stalls. In addition, junk vehicles are bein� stored on site. All unlicensed or inoperable vehicles must be stored inside the building at ni�ht. This is a violation of the Special Use Permit at this location. The City advises you to correct this item(s) by the date below. Be aware that a violation of this or any other stipulation of your Special Use Permit is cause for revocation by the City Council. Due to the continuous violations of the stipulations of your special use permit, a public hearing is being held on Monday, May 23, 2011 to consider revocation of your SUP. If you would like to discuss this issue or have questions concerning the hearing process or any other city codes, please contact me at (763) 572-3599. Thank you for your cooperation. Sincerely, Julie Jones Planning Manager City of Fridley 34 CE-11-109 f AGENDA ITEM � CITY COUNCIL MEETING OF MAY 23, 2011 CRY OF FRIDLEY INFORMAL STATUS REPORTS 35